3 S 5. Section 1608 of the education law, as amended by section 111 of
4 chapter 474 of the laws of 1996 and the closing paragraph as added by
5 section 157 of chapter 474 of the laws of 1996, is amended to read as
6 follows:
7 S 1608. Estimated expenses for ensuing year. 1. It shall be the duty
8 of the trustees of each common school district to present at the annual
9 {meeting} BUDGET HEARING a detailed statement in writing of the amount
10 of money which will be required for the ensuing year for school
11 purposes, specifying the several purposes and the amount for each. The
12 amount for each purpose estimated necessary for payments to boards of
13 cooperative educational services shall be shown in full, with no
14 deduction of estimated state aid. The amount of state aid provided and
15 its percentage relationship to the total expenditures shall also be
16 shown. This section shall not be construed to prevent the trustees from
17 presenting such statement at a BUDGET HEARING HELD NOT LESS THAN SEVEN
18 NOR MORE THAN FOURTEEN DAYS PRIOR TO A special meeting called for the
19 purpose, nor from presenting a supplementary and amended statement or
20 estimate at any time.
21 2. Such statement shall be completed at least {fourteen} SEVEN days
22 before the {annual or special meeting} BUDGET HEARING at which it is to
23 be presented and copies thereof shall be prepared and made available,
24 upon request, to {taxpayers} RESIDENTS within the district during the
25 period of fourteen days immediately preceding {such} THE ANNUAL MEETING
26 AND ELECTION OR SPECIAL DISTRICT meeting AT WHICH THE BUDGET VOTE WILL
27 OCCUR and at such meeting OR HEARING. The board shall also as a part of
28 the notice required by section two thousand three of this chapter give
29 notice OF THE DATE, TIME AND PLACE OF THE BUDGET HEARING AND that a copy
30 of such statement may be obtained by any {taxpayer} RESIDENT in the
31 district at each schoolhouse in the district in which school is main-
32 tained during certain designated hours on each day other than a Satur-
33 day, Sunday or holiday during the fourteen days immediately preceding
34 such meeting. The board shall include notice of the availability of
35 such statement at least once during the school year in any district-wide
36 mailing distributed.
37 3. Commencing with the proposed budget for the nineteen hundred nine-
38 ty-seven--ninety-eight school year, such proposed budget shall be in
39 plain language and shall be consistent with regulations promulgated by
40 the commissioner pursuant to subdivision twenty-six of section three
41 hundred five of this chapter. Categorization of and format for revenue,
42 including payments in lieu of taxes, property tax refunds from certior-
43 ari proceedings, expenditure, transfer, and fund balance information and
44 changes in such data from the prior year and, in the case of a resubmit-
45 ted or amended budget, changes in such information from the prior year`s
46 submitted budget, shall be complete and accurate and set forth in such a
47 manner as to best promote public comprehension and readability.
48 4. COMMENCING WITH THE PROPOSED BUDGET FOR THE NINETEEN HUNDRED NINE-
49 TY-EIGHT--NINETY-NINE SCHOOL YEAR, SUCH PROPOSED BUDGET SHALL BE
50 PRESENTED IN THREE COMPONENTS: A PROGRAM COMPONENT, A CAPITAL COMPONENT
51 AND AN ADMINISTRATIVE COMPONENT WHICH SHALL BE SEPARATELY DELINEATED IN
52 ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AFTER CONSULTATION WITH
53 LOCAL SCHOOL DISTRICT OFFICIALS. THE ADMINISTRATIVE COMPONENT SHALL
54 INCLUDE, BUT NEED NOT BE LIMITED TO, OFFICE AND CENTRAL ADMINISTRATIVE
55 EXPENSES, TRAVELING EXPENSES AND SALARIES AND BENEFITS OF ALL CERTIFIED
56 SCHOOL ADMINISTRATORS AND SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME
1 PERFORMING ADMINISTRATIVE OR SUPERVISORY DUTIES, ANY AND ALL EXPENDI-
2 TURES ASSOCIATED WITH THE OPERATION OF THE OFFICE OF TRUSTEE OR BOARD OF
3 TRUSTEES, THE OFFICE OF THE SUPERINTENDENT OF SCHOOLS, GENERAL ADMINIS-
4 TRATION, THE SCHOOL BUSINESS OFFICE, CONSULTING COSTS NOT DIRECTLY
5 RELATED TO DIRECT STUDENT SERVICES AND PROGRAMS, PLANNING AND ALL OTHER
6 ADMINISTRATIVE ACTIVITIES. THE PROGRAM COMPONENT SHALL INCLUDE, BUT
7 NEED NOT BE LIMITED TO, ALL PROGRAM EXPENDITURES OF THE SCHOOL DISTRICT,
8 INCLUDING THE SALARIES AND BENEFITS OF TEACHERS AND ANY SCHOOL ADMINIS-
9 TRATORS OR SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME PERFORMING
10 TEACHING DUTIES, AND ALL TRANSPORTATION OPERATING EXPENSES. THE CAPITAL
11 COMPONENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALL TRANSPORTATION
12 CAPITAL, DEBT SERVICE, AND LEASE EXPENDITURES; COSTS RESULTING FROM
13 JUDGMENTS IN TAX CERTIORARI PROCEEDINGS OR THE PAYMENT OF AWARDS FROM
14 COURT JUDGMENTS, ADMINISTRATIVE ORDERS OR SETTLED OR COMPROMISED CLAIMS;
15 AND ALL FACILITIES COSTS OF THE SCHOOL DISTRICT, INCLUDING FACILITIES
16 LEASE EXPENDITURES, THE ANNUAL DEBT SERVICE AND TOTAL DEBT FOR ALL
17 FACILITIES FINANCED BY BONDS AND NOTES OF THE SCHOOL DISTRICT, AND THE
18 COSTS OF CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR
19 IMPROVEMENT OF SCHOOL BUILDINGS, PROVIDED THAT SUCH BUDGET SHALL INCLUDE
20 A RENTAL, OPERATIONS AND MAINTENANCE SECTION THAT INCLUDES BASE RENT
21 COSTS, TOTAL RENT COSTS, OPERATION AND MAINTENANCE CHARGES, COST PER
22 SQUARE FOOT FOR EACH FACILITY LEASED BY THE SCHOOL DISTRICT, AND ANY AND
23 ALL EXPENDITURES ASSOCIATED WITH CUSTODIAL SALARIES AND BENEFITS,
24 SERVICE CONTRACTS, SUPPLIES, UTILITIES, AND MAINTENANCE AND REPAIRS OF
25 SCHOOL FACILITIES. FOR THE PURPOSES OF THE DEVELOPMENT OF A BUDGET FOR
26 THE NINETEEN HUNDRED NINETY-EIGHT--NINETY-NINE SCHOOL YEAR, THE TRUSTEE
27 OR BOARD OF TRUSTEES SHALL SEPARATE THE DISTRICT`S PROGRAM, CAPITAL AND
28 ADMINISTRATIVE COSTS FOR THE NINETEEN HUNDRED NINETY-SEVEN--NINETY-EIGHT
29 SCHOOL YEAR IN THE MANNER AS IF THE BUDGET FOR SUCH YEAR HAD BEEN
30 PRESENTED IN THREE COMPONENTS.
31 5. The trustee or board of trustees shall append to the statement of
32 estimated expenditures a detailed statement of the total compensation to
33 be paid to the superintendent of schools, and any assistant or associate
34 superintendents of schools in the ensuing school year, including a
35 delineation of the salary, annualized cost of benefits and any in-kind
36 or other form of remuneration. The trustees shall also append a list of
37 all other school administrators and supervisors, if any, whose annual
38 salary will be eighty-five thousand dollars or more in the ensuing
39 school year, with the title of their positions and annual salary identi-
40 fied; provided however, that the commissioner may adjust such salary
41 level to reflect increases in administrative salaries after June thirti-
42 eth, nineteen hundred ninety-eight. The trustees shall submit a copy of
43 such list and statement, in a form prescribed by the commissioner, of
44 compensation to the commissioner within five days after their prepara-
45 tion. The commissioner shall compile such data, together with the data
46 submitted pursuant to subdivision three of section seventeen hundred
47 sixteen of this chapter, into a single statewide compilation, which
48 shall be made available to the governor, the legislature, and other
49 interested parties upon request.
50 6. Each year, the board of education shall prepare a school district
51 report card, pursuant to regulations of the commissioner, and shall make
52 it publicly available by transmitting it to local newspapers of general
53 circulation, appending it to copies of the proposed budget made publicly
54 available as required by law, making it available for distribution at
55 the annual meeting, and otherwise disseminating it as required by the
56 commissioner. Such report card shall include measures of the academic
1 performance of the school district, on a school by school basis, and
2 measures of the fiscal performance of the district, as prescribed by the
3 commissioner. Pursuant to regulations of the commissioner, the report
4 card shall also compare these measures to statewide averages for all
5 public schools, and statewide averages for public schools of comparable
6 wealth and need, developed by the commissioner. Such report card shall
7 include, at a minimum, any information on the school district regarding
8 pupil performance and expenditure per pupil required to be included in
9 the annual report by the regents to the governor and the legislature
10 pursuant to section two hundred fifteen-a of this chapter; and any other
11 information required by the commissioner. School districts (i) identi-
12 fied as having fifteen percent or more of their students in special
13 education, or (ii) which have fifty percent or more of their students
14 with disabilities in special education programs or services sixty
15 percent or more of the school day in a general education building, or
16 (iii) which have eight percent or more of their students with disabili-
17 ties in special education programs in public or private separate educa-
18 tional settings shall indicate on their school district report card
19 their respective percentages as defined in this subparagraph and subpar-
20 agraphs (i) and (ii) of this paragraph as compared to the statewide
21 average.
22 S 6. Section 1707 of the education law, as amended by chapter 428 of
23 the laws of 1971, is amended to read as follows:
24 S 1707. Annual ORGANIZATIONAL meetings of boards of education. 1. The
25 annual ORGANIZATIONAL meeting of the board of education of every union
26 free school district shall be held on the first Tuesday in July of each
27 year, unless said day shall be a legal holiday, in which event it shall
28 fall on the first Wednesday in July{; except in districts in which the
29 annual meeting is held on the second Tuesday in July, in which case the
30 annual meeting of the board of education of such district shall be held
31 on the third Tuesday in July}.
32 2. The board of education may, however, by resolution, determine that
33 the annual meeting be held at any time during the first fifteen days in
34 the month of July{; except in districts in which the annual meeting is
35 held on the second Tuesday in July, in which case the annual meeting
36 may, by resolution of the board of education, be fixed at any time
37 during the last fifteen days of July}.
38 S 7. Section 1716 of the education law, as amended by section 112 of
39 chapter 474 of the laws of 1996 and the closing paragraph as added by
40 section 158 of chapter 474 of the laws of 1996, is amended to read as
41 follows:
42 S 1716. Estimated expenses for ensuing year. 1. It shall be the duty
43 of the board of education of each district to present at the annual
44 {meeting} BUDGET HEARING a detailed statement in writing of the amount
45 of money which will be required for the ensuing year for school
46 purposes, specifying the several purposes and the amount for each. The
47 amount for each purpose estimated necessary for payments to boards of
48 cooperative educational services shall be shown in full, with no
49 deduction of estimated state aid. The amount of state aid provided and
50 its percentage relationship to the total expenditures shall also be
51 shown. This section shall not be construed to prevent the board from
52 presenting such statement at a BUDGET HEARING HELD NOT LESS THAN SEVEN
53 NOR MORE THAN FOURTEEN DAYS PRIOR TO A special meeting called for the
54 purpose, nor from presenting a supplementary and amended statement or
55 estimate at any time.
1 2. Such statement shall be completed at least {fourteen} SEVEN days
2 before the {annual or special meeting} BUDGET HEARING at which it is to
3 be presented and copies thereof shall be prepared and made available,
4 upon request, to {taxpayers} RESIDENTS within the district during the
5 period of fourteen days immediately preceding {such} THE ANNUAL MEETING
6 AND ELECTION OR SPECIAL DISTRICT meeting AT WHICH THE BUDGET VOTE WILL
7 OCCUR and at such meeting OR HEARING. The board shall also as a part of
8 the notice required by section two thousand {three} FOUR of this chapter
9 give notice OF THE DATE, TIME AND PLACE OF THE BUDGET HEARING AND that a
10 copy of such statement may be obtained by any {taxpayer} RESIDENT in the
11 district at each schoolhouse in the district in which school is main-
12 tained during certain designated hours on each day other than a Satur-
13 day, Sunday or holiday during the fourteen days immediately preceding
14 such meeting. The board shall include notice of the availability of
15 such statement at least once during the school year in any district-wide
16 mailing distributed.
17 3. Commencing with the proposed budget for the nineteen hundred nine-
18 ty-seven--ninety-eight school year, such proposed budget shall be in
19 plain language and shall be consistent with regulations promulgated by
20 the commissioner pursuant to subdivision twenty-six of section {three-
21 hundred} THREE HUNDRED five of this chapter. Categorization of and
22 format for revenue, including payments in lieu of taxes, property tax
23 refunds from certiorari proceedings, expenditure, transfer, and fund
24 balance information and changes in such data from the prior year and, in
25 the case of a resubmitted or amended budget, changes in such information
26 from the prior year submitted budget, shall be complete and accurate and
27 set forth in such a manner as to best promote public comprehension and
28 readability.
29 4. COMMENCING WITH THE PROPOSED BUDGET FOR THE NINETEEN HUNDRED NINE-
30 TY-EIGHT--NINETY-NINE SCHOOL YEAR, SUCH PROPOSED BUDGET SHALL BE
31 PRESENTED IN THREE COMPONENTS: A PROGRAM COMPONENT, A CAPITAL COMPONENT
32 AND AN ADMINISTRATIVE COMPONENT WHICH SHALL BE SEPARATELY DELINEATED IN
33 ACCORDANCE WITH REGULATIONS OF THE COMMISSIONER AFTER CONSULTATION WITH
34 LOCAL SCHOOL DISTRICT OFFICIALS. THE ADMINISTRATIVE COMPONENT SHALL
35 INCLUDE, BUT NEED NOT BE LIMITED TO, OFFICE AND CENTRAL ADMINISTRATIVE
36 EXPENSES, TRAVELING EXPENSES AND SALARIES AND BENEFITS OF ALL CERTIFIED
37 SCHOOL ADMINISTRATORS AND SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME
38 PERFORMING ADMINISTRATIVE OR SUPERVISORY DUTIES, ANY AND ALL EXPENDI-
39 TURES ASSOCIATED WITH THE OPERATION OF THE BOARD OF EDUCATION, THE
40 OFFICE OF THE SUPERINTENDENT OF SCHOOLS, GENERAL ADMINISTRATION, THE
41 SCHOOL BUSINESS OFFICE, CONSULTING COSTS NOT DIRECTLY RELATED TO DIRECT
42 STUDENT SERVICES AND PROGRAMS, PLANNING AND ALL OTHER ADMINISTRATIVE
43 ACTIVITIES. THE PROGRAM COMPONENT SHALL INCLUDE, BUT NEED NOT BE LIMIT-
44 ED TO, ALL PROGRAM EXPENDITURES OF THE SCHOOL DISTRICT, INCLUDING THE
45 SALARIES AND BENEFITS OF TEACHERS AND ANY SCHOOL ADMINISTRATORS OR
46 SUPERVISORS WHO SPEND A MAJORITY OF THEIR TIME PERFORMING TEACHING
47 DUTIES, AND ALL TRANSPORTATION OPERATING EXPENSES. THE CAPITAL COMPO-
48 NENT SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, ALL TRANSPORTATION CAPI-
49 TAL, DEBT SERVICE, AND LEASE EXPENDITURES; COSTS RESULTING FROM JUDG-
50 MENTS IN TAX CERTIORARI PROCEEDINGS OR THE PAYMENT OF AWARDS FROM COURT
51 JUDGMENTS, ADMINISTRATIVE ORDERS OR SETTLED OR COMPROMISED CLAIMS; AND
52 ALL FACILITIES COSTS OF THE SCHOOL DISTRICT, INCLUDING FACILITIES LEASE
53 EXPENDITURES, THE ANNUAL DEBT SERVICE AND TOTAL DEBT FOR ALL FACILITIES
54 FINANCED BY BONDS AND NOTES OF THE SCHOOL DISTRICT, AND THE COSTS OF
55 CONSTRUCTION, ACQUISITION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT
56 OF SCHOOL BUILDINGS, PROVIDED THAT SUCH BUDGET SHALL INCLUDE A RENTAL,
1 OPERATIONS AND MAINTENANCE SECTION THAT INCLUDES BASE RENT COSTS, TOTAL
2 RENT COSTS, OPERATION AND MAINTENANCE CHARGES, COST PER SQUARE FOOT FOR
3 EACH FACILITY LEASED BY THE SCHOOL DISTRICT, AND ANY AND ALL EXPENDI-
4 TURES ASSOCIATED WITH CUSTODIAL SALARIES AND BENEFITS, SERVICE
5 CONTRACTS, SUPPLIES, UTILITIES, AND MAINTENANCE AND REPAIRS OF SCHOOL
6 FACILITIES. FOR THE PURPOSES OF THE DEVELOPMENT OF A BUDGET FOR THE
7 NINETEEN HUNDRED NINETY-EIGHT--NINETY-NINE SCHOOL YEAR, THE BOARD OF
8 EDUCATION SHALL SEPARATE THE DISTRICT`S PROGRAM, CAPITAL AND ADMINISTRA-
9 TIVE COSTS FOR THE NINETEEN HUNDRED NINETY-SEVEN--NINETY-EIGHT SCHOOL
10 YEAR IN THE MANNER AS IF THE BUDGET FOR SUCH YEAR HAD BEEN PRESENTED IN
11 THREE COMPONENTS.
12 5. The board of education shall append to the statement of estimated
13 expenditures a detailed statement of the total compensation to be paid
14 to the superintendent of schools, and any assistant or associate super-
15 intendents of schools in the ensuing school year, including a deline-
16 ation of the salary, annualized cost of benefits and any in-kind or
17 other form of remuneration. The board shall also append a list of all
18 other school administrators and supervisors, if any, whose annual salary
19 will be eighty-five thousand dollars or more in the ensuing school year,
20 with the title of their positions and annual salary identified; provided
21 however, that the commissioner may adjust such salary level to reflect
22 increases in administrative salaries after June thirtieth, nineteen
23 hundred ninety-eight. The board of education shall submit a copy of
24 such list and statement, in a form prescribed by the commissioner, of
25 compensation to the commissioner within five days after their prepara-
26 tion. The commissioner shall compile such data, together with the data
27 submitted pursuant to subdivision four of section sixteen hundred eight
28 of this chapter, into a single statewide compilation, which shall be
29 made available to the governor, the legislature, and other interested
30 parties upon request.
31 6. Each year, the board of education shall prepare a school district
32 report card, pursuant to regulations of the commissioner, and shall make
33 it publicly available by transmitting it to local newspapers of general
34 circulation, appending it to copies of the proposed budget made publicly
35 available as required by law, making it available for distribution at
36 the annual meeting, and otherwise disseminating it as required by the
37 commissioner. Such report card shall include measures of the academic
38 performance of the school district, on a school by school basis, and
39 measures of the fiscal performance of the district, as prescribed by the
40 commissioner. Pursuant to regulations of the commissioner, the report
41 card shall also compare these measures to statewide averages for all
42 public schools, and statewide averages for public schools of comparable
43 wealth and need, developed by the commissioner. Such report card shall
44 include, at a minimum, any information of the school district regarding
45 pupil performance and expenditure per pupil required to be included in
46 the annual report by the regents to the governor and the legislature
47 pursuant to section two hundred fifteen-a of this chapter; and any other
48 information required by the commissioner. School districts (i) identi-
49 fied as having fifteen percent or more of their students in special
50 education, or (ii) which have fifty percent or more of their students
51 with disabilities in special education programs or services sixty
52 percent or more of the school day in A general education building, or
53 (iii) which have eight percent or more of their students with disabili-
54 ties in special education programs in public or private separate educa-
55 tional settings shall indicate on their school district report card
56 their respective percentages as defined in this {subparagraph} PARAGRAPH
1 and {subparagraphs} PARAGRAPHS (i) and (ii) of this {paragraph} SUBDIVI-
2 SION as compared to the statewide average.
3 S 8. Subdivision 4 of section 1804 of the education law, as amended
4 by chapter 535 of the laws of 1973, is amended to read as follows:
5 4. The annual meeting AND ELECTION in each central school district
6 shall be held on {such} THE THIRD Tuesday {as may be determined in
7 accordance with the provisions of section two thousand two of this chap-
8 ter, and the same} OF MAY PROVIDED, HOWEVER THAT SUCH ANNUAL MEETING AND
9 ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY IF THE COMMISSIONER
10 AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES NO LATER THAN MARCH
11 FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS OBSERVANCES.
12 SUCH ANNUAL MEETING shall be conducted and the election of members of
13 the board shall be held in the same manner as in union free school
14 districts organized and operating under the provisions of this chapter.
15 THE BOARD OF EDUCATION OF EACH CENTRAL SCHOOL DISTRICT SHALL HOLD A
16 BUDGET HEARING NOT LESS THAN SEVEN NOR MORE THAN FOURTEEN DAYS PRIOR TO
17 THE ANNUAL OR SPECIAL DISTRICT MEETING AT WHICH A SCHOOL BUDGET VOTE
18 WILL OCCUR, AND SHALL PREPARE AND PRESENT TO THE VOTERS AT SUCH BUDGET
19 HEARING A PROPOSED SCHOOL DISTRICT BUDGET FOR THE ENSUING SCHOOL YEAR.
20 S 9. Section 1904 of the education law is amended to read as follows:
21 S 1904. Annual ORGANIZATIONAL meeting of board of education in the
22 county of Nassau. The annual ORGANIZATIONAL meeting of the board of
23 education of every central high school district in the county of Nassau
24 shall be held on the second Tuesday in July of each year.
25 S 10. Subdivision 1, paragraph a of subdivision 4 and paragraph b of
26 subdivision 5 of section 1906 of the education law, subdivision 1 as
27 amended by chapter 641 of the laws of 1974, paragraph a of subdivision 4
28 as added by chapter 851 of the laws of 1956 and paragraph b of subdivi-
29 sion 5 as amended by chapter 457 of the laws of 1989, are amended to
30 read as follows:
31 1. The annual meeting AND ELECTION of a central high school district
32 shall be held on the {first} THIRD Tuesday in {June} MAY, provided,
33 however, that {the board of education may by resolution duly adopted and
34 entered upon its minutes determine that the annual meeting of such
35 central high school district shall be held on a date to be determined by
36 the board which shall be at least ten days prior to the date of the
37 annual meeting of any component district, provided, however, that such
38 meeting shall not be held on a Saturday or a Sunday or on a religious or
39 legal holiday} SUCH ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE
40 SECOND TUESDAY IN MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL
41 SCHOOL BOARD CERTIFIES NO LATER THAN MARCH FIRST THAT SUCH ELECTION
42 WOULD CONFLICT WITH RELIGIOUS OBSERVANCES. THE BOARD OF EDUCATION OF
43 EVERY CENTRAL HIGH SCHOOL DISTRICT SHALL HOLD A BUDGET HEARING PRIOR TO
44 EACH ANNUAL MEETING AND ELECTION OR SPECIAL DISTRICT MEETING AT WHICH A
45 SCHOOL BUDGET VOTE WILL OCCUR, AND SHALL PREPARE AND PRESENT TO THE
46 VOTERS AT SUCH BUDGET HEARING A PROPOSED SCHOOL DISTRICT BUDGET FOR THE
47 ENSUING SCHOOL YEAR. Special meetings may be called in the same manner
48 and for the same purposes as special meetings in union free school
49 districts. Such meetings shall be held for the same purposes and in the
50 same manner, and be subject to the same provisions of law, except as may
51 be provided otherwise in subdivision two of this section, as like meet-
52 ings in union free school districts, and all persons who are qualified
53 electors of the school districts included in such central high school
54 district may vote at such meetings.
55 a. Whenever the board of education of a central high school district
56 in the county of Nassau {in which the annual meeting is held on the last
1 Tuesday in April} shall have provided for the personal registration of
2 voters at school meetings or elections in such district, such board of
3 education shall fix the day or days for registration by resolution
4 adopted not later than the fortieth day preceding each annual or special
5 meeting or election in such district. The last day for such registra-
6 tion shall not be more than eleven nor less than three days preceding
7 each annual or special meeting or election. Such board shall forthwith
8 notify the clerk of each component union free school district providing
9 for personal registration, of such registration day or days for each
10 annual meeting. Such board shall also notify each such clerk of every
11 special meeting or election in such central high school district at
12 least ten days prior thereto. The board of registration of the central
13 high school district shall meet on the day or days fixed by such board
14 of education for the purpose of preparing a register, complementary to
15 the register or registers of any component union free school district
16 providing for personal registration, for the personal registration of
17 qualified voters within any component union free school district provid-
18 ing for personal registration, which voters have not registered for the
19 annual or any subsequent special meeting or election in such union free
20 school district, and for the personal registration of qualified voters
21 of any component union free school district not providing for personal
22 registration.
23 b. Where the board of education shall have so divided the central high
24 school district into election districts pursuant to the provisions of
25 this subdivision, notwithstanding the provisions of subdivisions one and
26 three of this section, the vote upon the appropriation of the necessary
27 funds to meet the estimated expenditures of the central high school
28 district and upon any propositions involving the expenditure of money by
29 the central high school district or upon any other matter which may
30 properly be brought before the annual meeting or election of the central
31 high school district, shall be held at the same time as the annual meet-
32 ings or elections of the component union free school districts. {Such
33 vote of the central high school district shall thereafter, and until
34 such resolution of the board of education of the central high school
35 district shall be rescinded by such board, or by the qualified voters of
36 the central high school district, be held at the same time or times and
37 at the same places as the vote at the annual meetings or elections of
38 the component union free school districts therein, provided, however,
39 that the annual meeting of the central high school district shall in
40 such case nevertheless be held on the last Tuesday of April in each
41 year. If such last Tuesday is a religious holiday, such annual meeting
42 shall be held on the Tuesday next succeeding such day.} The clerk of
43 the central high school district shall give the notices required by
44 subdivision one of section two thousand four of this chapter, in
45 relation to such annual meeting.
11 S 16. Subdivision 1 of section 2002 of the education law, as amended
12 by chapter 801 of the laws of 1953, is amended to read as follows:
13 1. {Except as hereinafter provided the} THE annual meeting AND
14 ELECTION of each school district shall be held on the {first} THIRD
15 Tuesday of May in each year, {and, unless} PROVIDED, HOWEVER THAT SUCH
16 ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY
17 IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES NO
18 LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS
19 OBSERVANCES. UNLESS the hour and place thereof shall have been fixed by
20 a vote of a previous district meeting, the same shall be held in the
21 schoolhouse at seven-thirty o`clock in the evening. If a district
22 possesses more than one schoolhouse, it shall be held in the one usually
23 employed for that purpose, unless the trustees designate another. If the
24 district possesses no schoolhouse, or if the schoolhouse shall not be
25 accessible or adequate, then the annual meeting shall be held at such
26 place as a trustee, or if there be no trustee, the clerk, shall desig-
27 nate in the notice.
28 S 17. Subdivision 2 of section 2002 and subdivisions 3 and 4 of
29 section 2004 of the education law are REPEALED.
30 S 18. Paragraph b of subdivision 6 of section 2004 of the education
31 law, as added by chapter 801 of the laws of 1953 and such subdivision as
32 renumbered by chapter 571 of the laws of 1958, is amended to read as
33 follows:
34 b. the place in each election district where the meeting or election
35 shall be held{, except where, pursuant to subdivision three of section
36 two thousand seventeen of this chapter, the annual meeting for the pres-
37 entation of the statement of estimated expenses for the ensuing year and
38 the vote thereon is to be held at one place then such notice shall state
39 such fact and the time and place where such meeting shall be held},
40 S 19. Subdivision 3 of section 2006 of the education law is REPEALED.
41 S 20. Section 2013 of the education law is REPEALED.
42 S 21. Subdivisions 3, 4, 5 and 6 of section 2017 of the education law
43 are REPEALED.
1 S 23. Section 2022 of the education law, as amended by chapter 571 of
2 the laws of 1958, is amended to read as follows:
3 S 2022. Vote {upon school taxes and on propositions to expend money}
4 ON SCHOOL DISTRICT BUDGETS AND ON THE ELECTION OF SCHOOL DISTRICT TRUS-
5 TEES AND BOARD OF EDUCATION MEMBERS. 1. {After the presentation of the
6 statement or estimate required by section sixteen hundred eight or
7 section seventeen hundred sixteen of this chapter, a vote shall be taken
8 upon the appropriation of the necessary funds to meet the estimated
9 expenditures, except where the vote upon the appropriation of the neces-
10 sary funds to meet the estimated expenditures, or on propositions
11 involving the expenditure of money, or authorizing the levy of taxes,
12 shall be held on the Wednesday next following the day on which the annu-
13 al meeting of the district is held or separately on the same day as the
14 annual meeting is held pursuant to section two thousand thirteen of this
15 chapter.
16 2. Except where the meeting is being held in separate election
17 districts established pursuant to section two thousand seventeen of this
18 chapter, or except where the vote upon the appropriation of the neces-
19 sary funds to meet the estimated expenditures, or on propositions
20 involving the expenditure of money, or authorizing the levy of taxes,
21 takes place on the Wednesday next following the day on which the annual
22 meeting of the district is held or separately on the same day as the
23 annual meeting is held pursuant to section two thousand thirteen of this
24 chapter} NOTWITHSTANDING ANY LAW, RULE OR REGULATION TO THE CONTRARY,
25 THE ELECTION OF TRUSTEES OR MEMBERS OF THE BOARD OF EDUCATION, AND THE
26 VOTE UPON THE APPROPRIATION OF THE NECESSARY FUNDS TO MEET THE ESTIMATED
27 EXPENDITURES, IN ANY COMMON SCHOOL DISTRICT, UNION FREE SCHOOL DISTRICT,
28 CENTRAL SCHOOL DISTRICT OR CENTRAL HIGH SCHOOL DISTRICT SHALL BE HELD AT
29 THE ANNUAL MEETING AND ELECTION ON THE THIRD TUESDAY IN MAY, PROVIDED,
30 HOWEVER, THAT SUCH ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY
31 IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES NO
32 LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELIGIOUS
33 OBSERVANCES. WHEN SUCH ELECTION OR VOTE IS TAKEN BY VOICE OR HAND VOTE,
34 a majority of the qualified voters present and voting {by a hand or
35 voice vote,} may determine to take up the question of voting the neces-
36 sary funds to meet the estimated expenditures for a specific item sepa-
37 rately, and the qualified voters present and voting may increase the
38 amount of any estimated expenditures or reduce the same, except for
39 teachers` salaries, and the ordinary contingent expenses of the schools.
40 THE SOLE TRUSTEE, BOARD OF TRUSTEES OR BOARD OF EDUCATION OF EVERY
41 COMMON, UNION FREE, CENTRAL OR CENTRAL HIGH SCHOOL DISTRICT AND EVERY
42 CITY SCHOOL DISTRICT TO WHICH THIS ARTICLE APPLIES SHALL HOLD A BUDGET
43 HEARING NOT LESS THAN SEVEN NOR MORE THAN FOURTEEN DAYS PRIOR TO THE
44 ANNUAL MEETING AND ELECTION OR SPECIAL DISTRICT MEETING AT WHICH A
45 SCHOOL BUDGET VOTE WILL OCCUR, AND SHALL PREPARE AND PRESENT TO THE
46 VOTERS AT SUCH BUDGET HEARING A PROPOSED SCHOOL DISTRICT BUDGET FOR THE
47 ENSUING SCHOOL YEAR.
48 2. EXCEPT AS PROVIDED IN SUBDIVISION FOUR OF THIS SECTION, NOTHING IN
49 THIS SECTION SHALL PRECLUDE THE TRUSTEES OR BOARD OF EDUCATION, IN THEIR
50 DISCRETION, FROM SUBMITTING ADDITIONAL ITEMS OF EXPENDITURE TO THE
51 VOTERS FOR APPROVAL AS SEPARATE PROPOSITIONS OR THE VOTERS FROM SUBMIT-
52 TING PROPOSITIONS PURSUANT TO SECTION TWO THOUSAND EIGHT AND TWO THOU-
53 SAND THIRTY-FIVE OF THIS ARTICLE.
54 3. In all {propositions arising at said district meetings,} ELECTIONS
55 FOR TRUSTEES OR MEMBERS OF BOARDS OF EDUCATION OR VOTES involving the
56 expenditure of money, or authorizing the levy of taxes, the vote thereon
1 shall be by ballot, or ascertained by taking and recording the ayes and
2 noes of such qualified voters attending and voting at such district
3 meetings.
4 4. IN THE EVENT THAT THE ORIGINAL PROPOSED BUDGET IS NOT APPROVED BY
5 THE VOTERS, THE SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION MAY ADOPT A
6 FINAL BUDGET PURSUANT TO SUBDIVISION FIVE OF THIS SECTION OR RESUBMIT TO
7 THE VOTERS THE ORIGINAL OR A REVISED BUDGET. UPON ONE DEFEAT OF SUCH
8 RESUBMITTED BUDGET, THE SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION
9 SHALL ADOPT A FINAL BUDGET PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
10 NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE SCHOOL
11 DISTRICT BUDGET FOR ANY SCHOOL YEAR, OR ANY PART OF SUCH BUDGET OR ANY
12 PROPOSITIONS INVOLVING THE EXPENDITURE OF MONEY FOR SUCH SCHOOL YEAR
13 SHALL NOT BE SUBMITTED FOR A VOTE OF THE QUALIFIED VOTERS MORE THAN
14 TWICE.
15 5. IF THE QUALIFIED VOTERS FAIL TO APPROVE THE PROPOSED SCHOOL
16 DISTRICT BUDGET UPON RESUBMISSION OR UPON A DETERMINATION NOT TO RESUB-
17 MIT FOR A SECOND VOTE PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, THE
18 SOLE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION, AFTER APPLYING THERETO THE
19 PUBLIC SCHOOL MONEYS AND OTHER MONEYS RECEIVED OR TO BE RECEIVED FOR
20 THAT PURPOSE, SHALL LEVY A TAX FOR THE SUM NECESSARY FOR TEACHERS` SALA-
21 RIES AND OTHER ORDINARY CONTINGENT EXPENSES IN ACCORDANCE WITH THE
22 PROVISIONS OF THIS SUBDIVISION AND SECTION TWO THOUSAND TWENTY-THREE OF
23 THIS ARTICLE.
24 S 24. Section 2023 of the education law, as amended by chapter 489 of
25 the laws of 1994, is amended to read as follows:
26 S 2023. Levy of tax for certain purposes without vote; CONTINGENCY
27 BUDGET. 1. If the qualified voters shall neglect or refuse to vote the
28 sum estimated necessary for teachers` salaries, after applying thereto
29 the public school moneys, and other moneys received or to be received
30 for that purpose, or if they shall neglect or refuse to vote the sum
31 estimated necessary for ordinary contingent expenses, including the
32 purchase of library books and other instructional materials associated
33 with a library AND EXPENSES INCURRED FOR INTERSCHOOL ATHLETICS, FIELD
34 TRIPS AND OTHER EXTRACURRICULAR ACTIVITIES, the sole trustee, board of
35 trustees, or board of education {may} SHALL ADOPT A CONTINGENCY BUDGET
36 INCLUDING SUCH EXPENSES AND SHALL levy a tax for the same, in like
37 manner as if the same had been voted by the qualified voters, SUBJECT TO
38 THE LIMITATIONS CONTAINED IN SUBDIVISIONS THREE AND FOUR OF THIS
39 SECTION.
40 2. Notwithstanding the defeat of a school budget, school districts
41 shall continue to transport students to and from the regular school
42 program in accordance with the mileage limitations previously adopted by
43 the qualified voters of the school district. Such mileage limits shall
44 change only when amended by a special proposition passed by a majority
45 of the qualified voters of the school district. In cases where the
46 school budget is defeated by such qualified voters of the school
47 district, appropriations for transportation costs for purposes other
48 than for transportation to and from the regular school program, AND
49 TRANSPORTATION THAT WOULD CONSTITUTE AN ORDINARY CONTINGENT EXPENSE
50 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, shall be authorized in the
51 budget only after approval by the qualified voters of the district.
52 3. THE ADMINISTRATIVE COMPONENT OF A CONTINGENCY BUDGET SHALL NOT
53 COMPRISE A GREATER PERCENTAGE OF THE CONTINGENCY BUDGET EXCLUSIVE OF THE
54 CAPITAL COMPONENT THAN THE LESSER OF (1) THE PERCENTAGE THE ADMINISTRA-
55 TIVE COMPONENT HAD COMPRISED IN THE PRIOR YEAR BUDGET EXCLUSIVE OF THE
56 CAPITAL COMPONENT; OR (2) THE PERCENTAGE THE ADMINISTRATIVE COMPONENT
1 HAD COMPRISED IN THE LAST PROPOSED DEFEATED BUDGET EXCLUSIVE OF THE
2 CAPITAL COMPONENT.
3 4. A. THE CONTINGENCY BUDGET SHALL NOT RESULT IN A PERCENTAGE INCREASE
4 IN TOTAL SPENDING OVER THE DISTRICT`S TOTAL SPENDING UNDER THE SCHOOL
5 DISTRICT BUDGET FOR THE PRIOR SCHOOL YEAR THAT EXCEEDS THE LESSER OF:
6 (I) THE RESULT OBTAINED WHEN ONE HUNDRED TWENTY PERCENT IS MULTIPLIED BY
7 THE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX, WITH THE RESULT
8 ROUNDED TO TWO DECIMAL PLACES; OR (II) FOUR PERCENT.
9 B. THE FOLLOWING TYPES OF EXPENDITURES SHALL BE DISREGARDED IN DETER-
10 MINING TOTAL SPENDING:
11 (I) EXPENDITURES RESULTING FROM A TAX CERTIORARI PROCEEDING;
12 (II) EXPENDITURES RESULTING FROM A COURT ORDER OR JUDGMENT AGAINST THE
13 SCHOOL DISTRICT;
14 (III) EMERGENCY EXPENDITURES THAT ARE CERTIFIED BY THE COMMISSIONER AS
15 NECESSARY AS A RESULT OF DAMAGE TO, OR DESTRUCTION OF, A SCHOOL BUILDING
16 OR SCHOOL EQUIPMENT;
17 (IV) CAPITAL EXPENDITURES RESULTING FROM THE CONSTRUCTION, ACQUISI-
18 TION, RECONSTRUCTION, REHABILITATION OR IMPROVEMENT OF SCHOOL FACILI-
19 TIES, INCLUDING DEBT SERVICE AND LEASE EXPENDITURES, SUBJECT TO THE
20 APPROVAL OF THE QUALIFIED VOTERS WHERE REQUIRED BY LAW;
21 (V) EXPENDITURES IN THE CONTINGENCY BUDGET ATTRIBUTABLE TO PROJECTED
22 INCREASES IN PUBLIC SCHOOL ENROLLMENT, WHICH, FOR THE PURPOSE OF THIS
23 SUBDIVISION, MAY INCLUDE INCREASES ATTRIBUTABLE TO THE ENROLLMENT OF
24 STUDENTS ATTENDING A PRE-KINDERGARTEN PROGRAM ESTABLISHED IN ACCORDANCE
25 WITH SECTION THIRTY-SIX HUNDRED TWO-E OF THIS CHAPTER, TO BE COMPUTED
26 BASED UPON AN INCREASE IN ENROLLMENT FROM THE YEAR PRIOR TO THE BASE
27 YEAR FOR WHICH THE BUDGET IS BEING ADOPTED TO THE BASE YEAR FOR WHICH
28 THE BUDGET IS BEING ADOPTED, PROVIDED THAT WHERE THE TRUSTEES OR BOARD
29 OF EDUCATION HAVE DOCUMENTED EVIDENCE THAT A FURTHER INCREASE IN ENROLL-
30 MENT WILL OCCUR DURING THE SCHOOL YEAR FOR WHICH THE CONTINGENCY BUDGET
31 IS PREPARED BECAUSE OF NEW CONSTRUCTION, INCEPTION OF A PRE-KINDERGARTEN
32 PROGRAM, GROWTH OR SIMILAR FACTORS, THE EXPENDITURES ATTRIBUTABLE TO
33 SUCH ADDITIONAL ENROLLMENT MAY ALSO BE DISREGARDED; AND
34 (VI) NON-RECURRING EXPENDITURES IN THE PRIOR YEAR`S SCHOOL DISTRICT
35 BUDGET.
36 C. THE RESOLUTION OF THE TRUSTEE, BOARD OF TRUSTEES, OR BOARD OF
37 EDUCATION ADOPTING A CONTINGENCY BUDGET SHALL INCORPORATE BY REFERENCE A
38 STATEMENT SPECIFYING THE PROJECTED PERCENTAGE INCREASE OR DECREASE IN
39 TOTAL SPENDING FOR THE SCHOOL YEAR, AND EXPLAINING THE REASONS FOR
40 DISREGARDING ANY PORTION OF AN INCREASE IN SPENDING IN FORMULATING THE
41 CONTINGENCY BUDGET.
42 D. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
43 TRUSTEES OR BOARD OF EDUCATION SHALL NOT BE AUTHORIZED TO AMEND OR
44 REVISE A FINAL CONTINGENCY BUDGET WHERE SUCH AMENDMENT OR REVISION WOULD
45 RESULT IN TOTAL SPENDING IN EXCESS OF THE SPENDING LIMITATION IN PARA-
46 GRAPH (A) OF THIS SUBDIVISION; PROVIDED THAT THE TRUSTEES OR BOARD OF
47 EDUCATION SHALL BE AUTHORIZED TO ADD APPROPRIATIONS FOR:
48 (I) THE CATEGORIES OF EXPENDITURES EXCLUDED FROM THE SPENDING LIMITA-
49 TIONS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, SUBJECT TO
50 APPROVAL OF THE QUALIFIED VOTERS WHERE REQUIRED BY LAW;
51 (II) EXPENDITURES RESULTING FROM AN ACTUAL INCREASE IN ENROLLMENT OVER
52 THE PROJECTED ENROLLMENT USED TO DEVELOP THE CONTINGENCY BUDGET,
53 PROVIDED THAT WHERE SUCH ACTUAL ENROLLMENT IS LESS THAN SUCH PROJECTED
54 ENROLLMENT, IT SHALL BE THE DUTY OF THE TRUSTEES OR BOARD OF EDUCATION
55 TO USE SUCH EXCESS FUNDS TO REDUCE TAXES; AND
1 (III) THE EXPENDITURE OF GIFTS, GRANTS IN AID FOR SPECIFIC PURPOSES OR
2 FOR GENERAL USE OR INSURANCE PROCEEDS AUTHORIZED PURSUANT TO SUBDIVISION
3 TWO OF SUDIVISION SEVENTEEN HUNDRED EIGHTEEN OF THIS CHAPTER IN ADDITION
4 TO THAT WHICH HAS BEEN PREVIOUSLY BUDGETED.
5 E. FOR THE PURPOSES OF THIS SUBDIVISION:
6 (I) "BASE SCHOOL YEAR" SHALL MEAN THE SCHOOL YEAR IMMEDIATELY PRECED-
7 ING THE SCHOOL YEAR FOR WHICH THE CONTINGENCY BUDGET IS PREPARED.
8 (II) "CONSUMER PRICE INDEX" SHALL MEAN THE PERCENTAGE THAT REPRESENTS
9 THE AVERAGE OF THE NATIONAL CONSUMER PRICE INDEXES DETERMINED BY THE
10 UNITED STATES DEPARTMENT OF LABOR, FOR THE TWELVE MONTH PERIOD PRECEDING
11 JANUARY FIRST OF THE CURRENT YEAR.
12 (III) "CURRENT YEAR" SHALL MEAN THE CALENDAR YEAR IN WHICH THE SCHOOL
13 DISTRICT BUDGET IS SUBMITTED FOR A VOTE OF THE QUALIFIED VOTERS.
14 (IV) "RESIDENT PUBLIC SCHOOL DISTRICT ENROLLMENT SHALL MEAN THE RESI-
15 DENT PUBLIC SCHOOL ENROLLMENT OF THE SCHOOL DISTRICT AS DEFINED IN PARA-
16 GRAPH N OF SUBDIVISION ONE OF SECTION THIRTY-SIX HUNDRED TWO OF THIS
17 CHAPTER.
18 (V) "TOTAL SPENDING" SHALL MEAN THE TOTAL AMOUNT APPROPRIATED UNDER
19 THE SCHOOL DISTRICT BUDGET FOR THE SCHOOL YEAR.
20 S 25. Section 2022-a of the education law is REPEALED.
21 S 26. Paragraph b of subdivision 7 of section 2034 of the education
22 law is REPEALED and paragraphs c and d are relettered paragraphs b and
23 c.
24 S 27. Subdivision 3 of section 2116-a of the education law, as
25 amended by chapter 1192 of the laws of 1971, is amended to read as
26 follows:
27 3. The school authorities of each school district, except those
28 employing fewer than eight teachers, but including the city school
29 districts of the cities of Buffalo and Rochester, shall obtain an annual
30 audit of its records by an independent certified public accountant or an
31 independent public accountant. The board of education of the city
32 school district of the city of New York, districts of such city shall
33 obtain an annual audit by the comptroller of the city of New York, or by
34 an independent certified public accountant or an independent public
35 accountant. The boards of education of the community districts of such
36 city school district shall obtain an annual audit by the bureau of audit
37 of the board of education of the city school district of the city of New
38 York or by an independent certified public accountant or an independent
39 public accountant. A copy of the audit report in form prescribed by the
40 commissioner and certified by the accountant, or, in the city school
41 district of the city of New York or the community districts therein, by
42 the accountant, or the comptroller or bureau of audit, as the case may
43 be, shall be furnished to the commissioner ON OR BEFORE OCTOBER FIRST
44 FOLLOWING THE END OF THE FISCAL YEAR AUDITED, EXCEPT THAT SUCH REPORT
45 SHALL BE FURNISHED TO THE COMMISSIONER ON OR BEFORE JANUARY FIRST
46 FOLLOWING THE END OF THE FISCAL YEAR AUDITED FOR THE CITY SCHOOL
47 DISTRICTS OF THE CITIES OF BUFFALO, ROCHESTER, SYRACUSE, YONKERS, AND
48 NEW YORK AND FOR THE COMMUNITY SCHOOL DISTRICTS OF THE CITY OF NEW YORK. 49 S 28. Subdivisions 2, 3 and 4 of section 2601-a of the education law,
50 as added by chapter 171 of the laws of 1996, are amended to read as
51 follows:
52 2. The board of education shall conduct all annual and special school
53 district meetings for the purpose of adopting a school district budget
54 in the same manner as a union free school district in accordance with
55 the provisions of article forty-one of this chapter, except as otherwise
56 provided by this section. {Notwithstanding any other provision of law
1 to the contrary, the board may conduct the budget vote separately on the
2 same day designated by law for holding the annual meeting, or the
3 following Wednesday, consistent with sections two thousand four, two
4 thousand thirteen and two thousand twenty-two-a of this chapter} THE
5 ANNUAL MEETING AND ELECTION OF EACH SUCH CITY SCHOOL DISTRICT SHALL BE
6 HELD ON THE THIRD TUESDAY OF MAY IN EACH YEAR, PROVIDED, HOWEVER THAT
7 SUCH ANNUAL MEETING AND ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN
8 MAY IF THE COMMISSIONER AT THE REQUEST OF A LOCAL SCHOOL BOARD CERTIFIES
9 NO LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH RELI-
10 GIOUS OBSERVANCES. The provisions of this article, and where applicable
11 subdivisions nine and nine-a of section twenty-five hundred two of this
12 chapter, governing the qualification and registration of voters, and
13 procedures for the nomination and election of members of the board of
14 education shall continue to apply, and shall govern the qualification
15 and registration of voters and voting procedures with respect to the
16 adoption of a school district budget.
17 3. The board of education shall prepare a proposed school district
18 budget for the ensuing year in accordance with the provisions of section
19 seventeen hundred sixteen of this chapter. No board of education shall
20 incur a school district liability except as authorized by the provisions
21 of section seventeen hundred eighteen of this chapter. Such proposed
22 budget shall be presented in three components: a program component, a
23 capital component and an administrative component which shall be sepa-
24 rately delineated in accordance with regulations of the commissioner
25 after consultation with local school district officials. The adminis-
26 trative component shall include, but need not be limited to, office and
27 central administrative expenses, traveling expenses and salaries and
28 benefits of all certified school administrators and supervisors who
29 spend a majority of their time performing administrative or supervisory
30 duties, any and all expenditures associated with the operation of the
31 board of education, the office of the superintendent of schools, general
32 administration, the school business office, consulting costs not direct-
33 ly related to direct student services and programs, planning and all
34 other administrative activities. The program component shall include,
35 but need not be limited to, all program expenditures of the school
36 district, including the salaries and benefits of teachers and any school
37 administrators or supervisors who spend a majority of their time
38 performing teaching duties, and all transportation operating expenses.
39 The capital component shall include, but need not be limited to, all
40 transportation capital, debt service, and lease expenditures; costs
41 resulting from judgments in tax certiorari proceedings or the payment of
42 awards from court judgments, administrative orders or settled or compro-
43 mised claims; and all facilities costs of the school district, including
44 facilities lease expenditures, the annual debt service and total debt
45 for all facilities financed by bonds and notes of the school district,
46 and the costs of construction, acquisition, reconstruction, rehabili-
47 tation or improvement of school buildings, provided that such budget
48 shall include a rental, operations and maintenance section that includes
49 base rent costs, total rent costs, operation and maintenance charges,
50 cost per square foot for each facility leased by the school district,
51 and any and all expenditures associated with custodial salaries and
52 benefits, service contracts, supplies, utilities, and maintenance and
53 repairs of school facilities. For the purposes of the development of a
54 budget for the nineteen hundred ninety-seven--ninety-eight school year,
55 the board of education shall separate its program, capital and adminis-
56 trative costs for the nineteen hundred ninety-six--ninety-seven school
1 year in the manner as if the budget for such year had been presented in
2 three components. Except as provided in subdivision four OF THIS
3 SECTION, nothing in this section {,} shall preclude the board, in its
4 discretion, from submitting additional items of expenditure to the
5 voters for approval as separate propositions or the voters from submit-
6 ting propositions pursuant to {section} SECTIONS two thousand eight and
7 two thousand thirty-five of this chapter.
8 4. In the event the qualified voters of the district reject the budg-
9 et proposed pursuant to subdivision three of this section, the board may
10 propose to the voters a revised budget or may adopt a contingency budget
11 pursuant to subdivision five of this section AND SUBDIVISION FIVE OF
12 SECTION TWO THOUSAND TWENTY-TWO OF THIS CHAPTER. The school district
13 budget for any school year, or any part of such budget or any proposi-
14 tions involving the expenditure of money for such school year shall not
15 be submitted for a vote of the qualified voters more than twice. IN THE
16 EVENT THE QUALIFIED VOTERS REJECT THE RESUBMITTED BUDGET, THE BOARD
17 SHALL ADOPT A CONTINGENCY BUDGET IN ACCORDANCE WITH SUBDIVISION FIVE OF
18 THIS SECTION AND SUBDIVISION FIVE OF SUCH SECTION TWO THOUSAND
19 TWENTY-TWO OF THIS CHAPTER.
20 S 29. Subdivision 5 of section 2601-a of the education law, as added
21 by chapter 171 of the laws of 1996, is amended to read as follows:
22 5. If the qualified voters fail or refuse to vote the sum estimated to
23 be necessary for teachers` salaries and other ordinary contingent
24 expenses, the board shall adopt a contingency budget in accordance with
25 this subdivision and shall levy a tax for that portion of such sum
26 remaining after applying thereto the moneys received or to be received
27 from state, federal or other sources, in the same manner as if the budg-
28 et had been approved by the qualified voters; SUBJECT TO THE LIMITATIONS
29 IMPOSED IN SUBDIVISION FOUR OF SECTION TWO THOUSAND TWENTY-THREE OF THIS
30 CHAPTER AND THIS SUBDIVISION. The administrative component shall not
31 comprise a greater percentage of the contingency budget exclusive of the
32 capital component than the lesser of (1) the percentage the administra-
33 tive component had comprised in the prior year budget exclusive of the
34 capital component; or (2) the percentage the administrative component
35 had comprised in the last proposed defeated budget exclusive of the
36 capital component. Such contingency budget shall include the sum deter-
37 mined by the board to be necessary for:
38 (a) teachers` salaries, including the salaries of all members of the
39 teaching and supervising staff;
40 (b) items of expense specifically authorized by statute to be incurred
41 by the board of education, including, but not limited to, expenditures
42 for transportation to and from regular school programs included as ordi-
43 nary contingent expenses in subdivision twelve of section twenty-five
44 hundred three of this chapter, expenditures for textbooks, required
45 services for non-public school students, school health services, special
46 education services, kindergarten and nursery school programs, and the
47 district`s share of the administrative costs and costs of services
48 provided by a board of cooperative educational services;
49 (c) items of expense for legal obligations of the district, including,
50 but not limited to, contractual obligations, debt service, court orders
51 or judgments, orders of administrative bodies or officers, and standards
52 and requirements of the board of regents and the commissioner that have
53 the force and effect of law;
54 (d) the purchase of library books and other instructional materials
55 associated with a library;
1 (e) items of expense necessary to maintain the educational programs of
2 the district, preserve the property of the district or protect the
3 health and safety of students and staff, including, but not limited to,
4 support services, pupil personnel services, the necessary salaries for
5 the necessary number of non-teaching employees, necessary legal
6 expenses, water and utility charges, instructional supplies for teach-
7 ers` use, emergency repairs, temporary rental of essential classroom
8 facilities, and expenditures necessary to advise school district voters
9 concerning school matters; and
10 (f) EXPENSES INCURRED FOR INTERSCHOOL ATHLETICS, FIELD TRIPS AND OTHER
11 EXTRACURRICULAR ACTIVITIES; AND
12 (G) any other item of expense determined by the commissioner to be an
13 ordinary contingent expense in any school district.