Title: School District and Board of Education Legal Status

Code: 1110

Section: By-Laws

The Constitution of New York State, as amended in 1894, instructs the Legislature to provide for a system of free common schools wherein all children of the State may be educated.

The Legislature of the State has implemented this constitutional mandate through the creation of school districts of various types. The Southwestern Central School District is governed by the laws set forth for Central School Districts in Article 37 of the Education Law, and by-laws relating to, or affecting, Union Free School Districts as set forth in Article 35 of the Education Law and Common School Districts as set forth in Article 33 of the Education Law.

The School District constitutes a corporate entity that possesses all the usual powers of a corporation for public purposes, and in that name may sue and be sued, purchase, hold and sell personal property and real estate, and enter into such obligations as are authorized by law.

The Constitution of the State of New York places the responsibility for public education on the State Legislature, and directs the establishment of a State Department of Education for general supervision over the schools and headed by a Commissioner of Education. The New York State Constitution further provides that local public schools under the general supervision of the State Education Department shall be maintained, developed and operated by locally elected boards.  Legally, local boards are instruments of the New York State Constitution, the New York Statutes and the regulations of the State Education Department and its Commissioner.

Adopted: July 11, 2006

Legal References:

• New York State Constitution
• Education Law Articles 33, 35, 37, 51 and 53

Title: Board of Education Authority

Code: 1120

Section: By-Laws

As a body created under the Education Law of New York State, the Board of Education of the Southwestern Central School District has full authority, within the limitations of federal and state laws and the Regulations of the Commissioner of Education and interpretations of them, to carry out the will of the people of its District in matters of education.

In all cases where laws or regulations of the State Commissioner of Education do not provide, permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraising educational matters and activities.

Board members have no authority over school affairs as individuals. They have authority only when acting as a body duly called in session.

Adopted: July 11, 2006

Legal References:

• Education Law Sections 1604, 1701, 1709, 1804, 1805, 2502 and 2503

Title: Number of Members and Terms of Office

Code: 1130

Section: By-Laws

The Board of Education of the Southwestern Central School District shall consist of seven (7) members elected at large by the qualified voters of the School District at the annual election as prescribed by law.

Members of the Board of Education shall serve for three (3) years beginning July 1 following their election and each term shall expire on the thirtieth day of June of the third year.

Adopted: July 11, 2006
Last Revised: July 01, 2013

Legal References:

• Education Law Sections 1602, 1702(1), 1804(1), 2105 and 2502

Title: Board of Education Members: Qualifications

Code: 1210

Section: By-Laws

A Board of Education member of the Southwestern Central School District must meet the following qualifications:

1. A citizen of the United States;
2. Eighteen (18) years of age or older;
3. Able to read and write;
4. A legal resident of the District for a continuous and uninterrupted period of at least one (1) year prior to the election;
5. Cannot be an employee of the Southwestern Central School District;
6. The only member of his/her family (that is, cannot be a member of the same household) on the Southwestern Central School District Board;
7. May not simultaneously hold another, incompatible public office, including but not limited to Superintendent, tax collector, treasurer or librarian, or an employee of the Board;
8. Must not have been removed from a School District office within one (1) year preceding the date of appointment or election to the Board.

Adopted: July 11, 2006

Legal References:

• Education Law Sections 2102, 2103, 2103-a and 2502(7)
• Public Officers Law Section 3
• Town Law Section 23(l)

Title: Board of Education Members: Nomination and Election

Code: 1220

Section: By-Laws

1. Candidates for the office of member of the Board must be nominated by a petition directed to the District Clerk which is signed by at least 25 qualified voters of the District, or by 2% of the number of voters who voted in the previous annual election, whichever is greater. Petitions must state the residence of each signer and the name and residence of each candidate.
2. The notice of the Annual District Meeting must state that petitions nominating candidates for the Board must be filed with the Clerk of the District, between 9 a.m. and 5 p.m., no later than 30 days before the Annual or Special District Meeting at which the school board election will occur.
3. Voting will be by machine or paper ballot, and provision will be made for the election by "write-in-vote" of any candidate not previously nominated. The position of candidates on ballots will be determined by lot at a drawing conducted by the District Clerk on the day after the last filing. Candidates or their proxies may be present for the drawing.
4. The hours of voting will be as indicated by Board resolution.
5. The candidates receiving the largest number of votes will be declared elected in accordance with Education Law.
6. At least ten days prior to the election, the Board will appoint at least two inspectors of election for each voting machine or ballot box, and set their salary.
7. The District Clerk will oversee the election. The Clerk will also give notice immediately to each person declared elected to the Board, informing him or her of the election and his or her term of office.
8. Only qualified voters, as determined by Education Law Section 2012, may vote at any District meeting or election.
9. No electioneering will be allowed within 100 feet of the polling place.
10. When a term of office expires at the end of a school year and the office has become vacant at the time of election, the person elected to fill the new full-term vacancy also fills the remaining days of the previous term, beginning his or her term of office immediately upon election and the taking and filing of the oath of office.

Ex Officio Student Board Members

The Board will have at least one ex officio student Board member. Ex officio student Board members will be entitled to sit with Board members at all public meetings and hearings of the Board and may participate in other Board activities and responsibilities at the discretion of the Board. However, ex officio student Board members will:

1. Not be allowed to vote;
2. Not be allowed to attend executive sessions or any other meetings or hearings not open to the public; and
3. Not be entitled to receive compensation of any form for participating at Board meetings.

Ex officio student Board members will serve on the Board for a term of one year, commencing July 1 and ending June 30.

Selecting Ex Officio Student Board Members

To be designated as an ex officio student Board member the student must have attended a District high school for at least one year prior to selection.

The ex officio student members of the Board may be a student selected by the high school student government.

Adopted: July 11, 2006
Last Revised: September 18, 2025
Last Reviewed: August 26, 2025

Legal References:

• Education Law Sections 1702, 1703, 1804, 1901, 1950, 2004, 2012, 2018, 2025, 2029, 2031-a, 2031, 2032, 2034, 2105(14), 2121, 2502, 2602, 2608(1), and 2610

Title: Reporting of Expenditures and Contributions

Code: 1230

Section: By-Laws

Each candidate for the position of member of the Board of Education whose expenses and/or contributions received exceed five hundred dollars ($500) must file a statement accounting for his/her campaign expenditures and contributions with the District Clerk and an additional statement with the Commissioner of Education. In the event the expenses do not exceed five hundred dollars ($500) and the aggregate amount of all contributions made to the candidate do not exceed $500, then a sworn statement to that effect must only be filed with the District Clerk.

Required contribution statements shall include:

1. The dollar amount and/or fair market value of any receipt, contribution or transfer which is other than money;
2. The name and address of the transferor, contributor or person from whom received;
3. If that transferor, contributor or person is a political committee as defined in Section 14-100 of the Election Law;
4. The name and political unit represented by the committee;
5. The date of receipt;
6. The dollar amount of every expenditure;
7. The name and address of the person to whom the expenditure was made, or the name of and political unit represented by the committee to which it was made; and
8. The date of the expenditure.

The times for filing the statements are as follows:

1. The first statement on or before the thirtieth day preceding the election to which it relates;
2. A second statement on or before the fifth day before the election;
3. A third statement within twenty days after the election.

Any contribution or loan in excess of $1000 received after the close of the period covered in the last statement filed before the election (b above) but before the election itself shall be reported within 24 hours after receipt.

All statements must be sworn before a notary public, a commissioner of deeds, a lawyer or a public official authorized by New York State law to administer oaths. 

Adopted: July 11, 2006

Legal References:

• Education Law Sections 1528 and 1529
• Election Law Section 14-100(1)

Title: Resignation and Dismissal

Code: 1240

Section: By-Laws

Board members may resign at a District meeting of residents (i.e., the annual meeting, not a regular Board of Education meeting) or by filing a written resignation with the District Superintendent of the Supervisory District who must endorse his/her approval and file the resignation with the District Clerk.

Alternatively, a Board member may resign under Public Officers Law Section 31 by filing a written resignation with the District Clerk.  The Clerk must then notify the School Board and the State Board of Elections.

A resignation may be withdrawn only with the consent of the person to whom the resignation was delivered (i.e., the District Clerk or BOCES District Superintendent).  The School Board has no authority to act upon a request to withdraw a resignation.

The resignation shall take effect upon the date specified in the letter of resignation; however, if no effective date is specified, it shall take effect on the date of delivery to or filing with the District Clerk. If an effective date is specified in the letter of resignation, such date shall not be more than thirty (30) days subsequent to the date of its delivery or filing.

It shall be the duty of each member of the Board of Education to attend all meetings of the Board and, if any member shall refuse to attend three (3) consecutive meetings of the Board after having been regularly notified and a satisfactory cause for each non-attendance is not shown, the Board will proceed to declare that office vacant.

A Board member may be removed from office by the Commissioner of Education for willful violation of any provision of law, neglect of duty, or willfully disobeying any decision, order or regulation of the Commissioner. The Board of Education may also remove a Board member for misconduct relating to the exercise of authority as a Board member.  A written copy of all charges made of such misconduct must be served upon the Board member at least ten (10) days before the time designated for a hearing on the charges; and the Board member shall be allowed a full and fair opportunity to refute such charges before removal.

In the event of death, resignation, removal from office or from the School District, or refusal to serve of a Board member, the District has the power and duty to fill the vacancy. If the Board chooses to fill the vacancy by appointment, the appointment requires a majority vote of the full Board and shall be only for a term ending with the next annual election of the School District at which time such vacancy shall be filled in a regular manner for the balance of the unexpired term.

The Board, at its own option, may instead call a special election within ninety (90) days to fill the unexpired term. If not filled by Board appointment or special election, the District Superintendent of the Supervisory District may appoint a competent person to fill the vacancy until the next annual election. Alternatively, the Commissioner of Education may order a special election for filling a vacancy. When such special election is ordered, the vacancy shall not be otherwise filled.

A person elected or appointed to fill a vacancy shall take office immediately upon filing the oath of office.

A Board member who has been removed from office shall be ineligible to appointment or election to any office in the District for a period of one (1) year from the date of such removal.

Adopted: July 11, 2006

Legal References:

• Education Law Sections 306, 1607, 1706, 1709(17)(18), 1804(1), 2103(2), 2109, 2111, 2112, 2113, 2502, 2503 and 2553
• Public Officers Law Sections 30, 31 and 35

Title: Powers and Duties of the Board

Code: 1310

Section: By-Laws

As a Central School District, the Board of Education shall have powers and duties as set forth in New York State Education Law, principally Articles 33, 35 and 37, and other applicable Federal and State laws and regulations. In general, the Board shall have in all respects the superintendence, management and control of the educational affairs of the District and shall have all the powers necessary to exercise these powers expressly granted to it by the laws of New York State and the Commissioner of Education.

Adopted: July 11, 2006

Legal References:

• Education Law Sections 1604, 1709, 1804 and 2503

Cross References:

• 6540 - Defense and Indemnification of Board Members and Employees

Title: Nomination and Election of Board Officers

Code: 1320

Section: By-Laws

Officers of the Board of Education shall be nominated and elected by the simple majority of the Board at its Annual Organizational Meeting for a term of one (1) year. They will take their oath as officers at this meeting along with newly elected members.

The elected officers of the Board of Education are:

1. President;
2. Vice President

Adopted: July 11, 2006

Legal References:

• Education Law Sections 1701, 2105(6) and 2502

Title: Duties of the President of the Board of Education

Code: 1321

Section: By-Laws

The President's duties include the following:

1. Presides at all meetings of the Board;

2. Calls special meetings as necessary or on request;

3. Appoints members and chairpersons to all committees of the Board;

4. Serves ex-officio as a member of all committees;

5. Executes documents on behalf of the Board;

6. Performs the usual and ordinary duties of the office.

Adopted: July 11, 2006
Last Revised: November 10, 2009

Legal References:

• Education Law Section 1701

Title: Duties of the Vice President of the Board of Education

Code: 1322

Section: By-Laws

The duties of the Vice-President shall be:

1. To preside at all meetings in the absence of the President;
2. By resolution of the Board, to sign documents in case of absence or disability of the President.

Adopted: July 11, 2006

Legal References:

• Education Law Section 1701

Title: Policy and Administrative Regulations

Code: 1410

Section: By-Laws

The Board of Education shall reserve to itself the function of providing guides for the discretionary action of those to whom it delegates authority. The Superintendent shall act as an advisor to the Board in the adoption and approval of written Board policies. The Board shall seek input from the staff and community where appropriate. These guides for discretionary action shall constitute the policies governing the operation of the School System.

The formulation and adoption of these written policies shall constitute the basic method by which the Board of Education shall exercise its leadership in the operation of the School System. The study and evaluation of reports concerning the execution of its written policies shall constitute the basic method by which the Board of Education shall exercise its control over the operation of the School System.

The adoption of a written policy shall occur only after the proposal has been moved, discussed and voted on affirmatively at two (2) separate meetings of the Board of Education (i.e., the "first reading" and the "second reading"). The policy draft may be amended at the second meeting. By a majority vote, the Board may waive the "second reading" and complete the adoption of the proposed policy at its "first reading."

Board action is also necessary for revising policies that require amendment or rescinding policies that are no longer relevant or applicable to the District.

The formal adoption, amendment or deletion of written Board policy shall be recorded in the official minutes of the Board. Such written Board policy shall govern the conduct and affairs of the District and shall be binding upon the members of the educational community in the District.

It shall be the Board's responsibility to keep its written policies up-to-date so that they may be used consistently as a basis for Board action and administrative decision.

The Superintendent is given the continuing commission of calling to the Board's attention all policies that are out-of-date or for other reasons appear to need revision.

Execution of Policy:  Administrative Regulations 

The Board shall delegate to the Superintendent the function of specifying required actions and designing the detailed arrangements under which the schools will be operated. These rules and these detailed arrangements shall constitute the administrative regulations governing the schools. They must in every respect be consistent with the policies adopted by the Board. The Board shall be kept informed periodically of changes in administrative regulations.

Adopted: July 11, 2006
Last Revised: December 08, 2015

Legal References:

• Education Law Sections 1604(9), 1709(1), 1709(2) and 2503(2)

Title: Execution of Policy: Administrative Regulations

Code: 1420

Section: By-Laws

The Board shall delegate to the Superintendent the function of specifying required actions and designing the detailed arrangements under which the schools will be operated. These rules and these detailed arrangements shall constitute the administrative regulations governing the schools. They must in every respect be consistent with the policies adopted by the Board. The Board shall be kept informed periodically of changes in administrative regulations.

Adopted: July 11, 2006

Title: Regular Board Meetings and Rules (Quorum and Parliamentary Procedures)

Code: 1510

Section: By-Laws

All Board meetings will be open to the public except those portions that are executive sessions. The Board will make reasonable efforts to ensure that all meetings are held in an appropriate facility that can adequately accommodate all members of the public who wish to attend. The Superintendent will attend all Board meetings. Members of the Superintendent's staff may attend Board meetings at the Superintendent's discretion. The Board may also request that additional people attend.

Regular Board meetings will take place on the day and time designated by the Board at the Annual Organizational Meeting, except as modified. Any Board meeting may be adjourned to a future date and time if approved by a majority of the Board present. Further, if a meeting date falls on a legal holiday, interferes with other area meetings, or Board member attendance will be less than a quorum, the Board will select a date for a postponed meeting at the prior regular meeting, and it will direct the District Clerk to notify all members. The District Clerk will provide the Board members written notice of the time of and agenda for each regular meeting before the meeting.

When the Board schedules a meeting on at least one week's notice, it will give or electronically transmit public notice of the time and place to the news media and conspicuously post the notice in one or more designated public locations at least 72 hours before the meeting. Notice of other meetings will be given or electronically transmitted, to the extent practicable, to the news media and conspicuously posted at one or more designated public locations at a reasonable time before the meeting. When the Board has the ability to do so, it will conspicuously post meeting notices on the District's website. If a meeting is streamed live over the Internet, the notice will inform the public of the website's Internet address.

The Superintendent will prepare the meeting agenda during the week before the meeting and review it with the Board President. The agenda will then be distributed to Board members no later than the Friday before the regular meeting. The President or other Board members will submit requests to place matters on the agenda to the Superintendent. Whenever individuals or groups wish to bring a matter to the attention of the Board, they will submit a written request to the Superintendent.

District records available to the public under the Freedom of Information Law, as well as any proposed resolution, rule, regulation, policy, or amendment scheduled to be discussed at a Board meeting will be made available upon request, to the extent practicable, at least 24 hours before the meeting. Copies of these records may be made available for a reasonable fee. These records will be posted on the District's website, to the extent practicable, at least 24 hours before the meeting.

Using Videoconferencing to Conduct Board Meetings

If videoconferencing is used to conduct a Board meeting:

a)      The Board will provide an opportunity for the public to attend, listen, and observe the meeting at any location where a Board member is participating; and

b)      The public notice for the meeting will inform the public that videoconferencing will be used, identify the locations for the meeting, and state that the public has the right to attend the meeting at any of the locations.

Voting may be done through videoconferencing provided that Board members can be both seen and heard voting and participating from remote locations.

Extraordinary Circumstances

In extraordinary circumstances, the Board may, in its discretion, permit Board members to participate in a Board meeting remotely by videoconference from locations that are not open to the public. For purposes of this policy, this is referred to as extraordinary circumstances videoconferencing.

However, in order for the Board to utilize extraordinary circumstances videoconferencing, the following conditions must be met:

a)      The District must maintain an official website.

b)      The Board must have adopted a resolution, following a public hearing, authorizing the use of extraordinary circumstances videoconferencing:

1.      For itself and its committees or subcommittees; or

2.      Specifying that each committee or subcommittee may make its own determination.

c)      The Board must have established written procedures governing Board member and public attendance at meetings where extraordinary circumstances videoconferencing is being used that are consistent with law and those procedures must be conspicuously posted on the District's website.

d)      Board members must only participate in meetings remotely from locations that are not open to the public in an extraordinary circumstance. How the Board defines extraordinary circumstances must be set forth in the Board's resolution and written procedures related to extraordinary circumstances videoconferencing. Extraordinary circumstances may include disability, illness, caregiving responsibilities, or other significant or unexpected factor or event which precludes the Board member's physical attendance at a meeting. Except for an extraordinary circumstance, Board members must be physically present at meetings unless a state disaster emergency has been declared or a local state of emergency has been proclaimed and the Board has determined that the circumstances necessitating the emergency declaration would affect or impair the ability of the Board to hold an in-person meeting.

e)      At the meeting where extraordinary circumstances videoconferencing is being used:

1.      The public must be able to attend, listen, and observe the meeting in at least one physical location at which a Board member is participating.

2.      A minimum number of Board members must be present to fulfill the quorum requirement in the same physical location or locations where the public can attend.

3.      Except in the case of executive sessions, Board members must be able to be heard, seen, and identified while the meeting is being conducted, including, but not limited to, any motions, proposals, resolutions, and any other matter formally discussed or voted upon.

4.      The minutes of the meeting must include which, if any, Board members participated remotely and must be made available in accordance with law.

5.      The public notice must inform the public that: videoconferencing will be used; where the public can view and/or participate in the meeting; where required documents and records will be posted or available; and identify the physical location(s) for the meeting where the public can attend.

6.      The meeting must be recorded. The recordings must be posted or linked on the District's website within five business days following the meeting, and must remain available for a minimum of five years thereafter. Upon request, these recordings must be transcribed.

7.      The Board must provide the opportunity for the public to view the meeting via video, and to participate in proceedings via videoconference in real time where public comment or participation is authorized and must ensure that videoconferencing authorizes the same public participation or testimony as in person participation or testimony.

8.      The Board must utilize technology to permit access by individuals with disabilities consistent with the 1990 Americans with Disabilities Act, as amended, and corresponding guidelines.

Recording Meetings

The Board allows public meetings to be photographed, broadcast, webcast, or otherwise recorded and/or transmitted by means of audio or video, in a non-disruptive manner, and it supports the use of this technology to facilitate the open communication of public business.

Quorum

The quorum for any Southwestern Board of Education meeting is four members. No formal action will be taken at any meeting where a quorum is not present. Unless otherwise required by law, official action will only be taken by approval of the majority of the full Board.

Use of Parliamentary Procedure

The Board will use pertinent portions of the latest edition of Robert's Rules of Order to conduct its business.

Public Comment

The Board encourages courteous and respectful public comment at Board meetings. All speakers must conduct themselves in a civil manner. Obscene language, harassing language, defamatory statements, and threats of violence are prohibited. All participants are required to comply with the District Code of Conduct.

The Board will designate a specific portion of its meeting agenda for public comment for a period of up to 30 minutes on agenda items only. The public is not permitted to discuss topics unrelated to the District, matters unrelated to the agenda, and/or matters involving specific individuals. Each speaker will be allowed up to three minutes. The Board may request, but will not require, speakers identify themselves. The Board is not required to allow speakers to cede their remaining time to other speakers. Written comments may be directed to the Board.

If there are a large number of individuals who want to address the Board, the Board President may limit the number of repetitive comments being made so that the time limit on public comment is not exceeded.

If individuals engage in disruptive or unruly behavior during the meeting, the Board President will remind the audience of this policy and the requirement to conduct themselves in a civil manner and comply with the District Code of Conduct. The Board President may call for the removal of disruptive or unruly individuals from the meeting. When appropriate, law enforcement may be called to remove disruptive or unruly individuals. In some instances, individuals engaging in disruptive or unruly behavior may be subject to criminal sanctions.

These rules apply to residents and nonresidents equally.

Adopted: July 11, 2006
Last Revised: January 10, 2023
Last Reviewed: October 04, 2022
Prior Revised Dates: 11/23/10; 2/26/13, 7/1/13

Legal References:

• 8 NYCRR § 100.2
• Public Officers Law Article 7
• Education Law §§ 1708, 2504, and 2801
• General Construction Law § 41
• Penal Law § 240.20

Cross References:

• 1511 - Special Meetings of the Board of Education
• 1730 - Executive Sessions
• 6217 - Employment of Relatives of Board of Education Members

Title: Special Meetings of the Board of Education

Code: 1511

Section: By-Laws

Special meetings of the Board shall be held on call by any member of the Board.  A reasonable and good faith effort shall be made by the Superintendent or the Board President, as the case may be, to give every member of the Board twenty-four (24) hours’ notice of the time, place and purpose of the meeting.  All special meetings shall be held at a regular meeting place of the Board and/or in accordance with provisions of the Open Meetings Law as may be applicable.

In an emergency, the twenty-four (24) hour notice may be waived by having each Board member sign a waiver-of-notice form.

Public notice of the time and place shall be given, to the extent practicable, to the news media and shall be conspicuously posted in one (1) or more designated public locations at a reasonable time prior to the meeting.

Adopted: July 11, 2006

Legal References:

• Education Law Section 1606(3)
• Public Officers Law Sections 103 and 104

Cross References:

• 1510 - Regular Board Meetings and Rules (Quorum and Parliamentary Procedures)

Title: Annual District Meeting and Election/Budget Vote

Code: 1610

Section: By-Laws

Pursuant to law, the Annual District Meeting and Election/Budget Vote for the School District will be held on the third Tuesday in May.  At this time, the District's registered voters will elect members of the Board of Education and will also vote on the District Budget for the upcoming school year.  However, in the event that the third Tuesday in May conflicts with a religious holiday, the School Board may petition the Commissioner of Education to obtain permission to hold the Annual Meeting and Election/Budget Vote on the second Tuesday in May. Such request from the Board of Education must be certified and received by the Commissioner no later than March 1.

Effective April 1, 2006, in the event that a school budget revote is necessary; it shall be held on the third Tuesday of June. However, in the event that the third Tuesday of June conflicts with a religious holiday, the School Board may petition the Commissioner of Education to obtain permission to hold the budget revote on the second Tuesday in June. Such request from the Board of Education must be certified and received by the Commissioner no later than March 1.

The District Clerk shall give notice of the time and place of holding the Annual Meeting and Election/Budget Vote by publishing such notice four (4) times within seven (7) weeks preceding the meeting. The first publication of the notice must be at least forty-five (45) days prior to the meeting. Such notice must appear in two (2) newspapers, if there are two (2) newspapers which have a general circulation within the District, or one (1) newspaper, if there is one (1) newspaper with a general circulation within the District. The notice shall also contain such other information as required by law.

Copies of the proposed annual operating budget for the succeeding year to be voted upon at the Annual Meeting and Election shall be available to District residents, on request, in each District school building during certain designated hours on each day other than a Saturday, Sunday or holiday during the fourteen (14) days preceding such Annual Meeting. The availability of this budget information shall be included in a legal notice of the Annual Meeting; and such copies of the proposed budget will also be available to District residents at the time of the Annual Meeting and Election.

Adopted: July 11, 2006

Legal References:

• Education Law Sections 1608, 1716, 1804(4), 1906(1), 2003(1), 2004(1), 2017(5), 2017(6), 2022(1), 2504 and 2601-a(2)

Cross References:

• 1640 - Absentee Ballots

Title: Business of the Annual District Election

Code: 1611

Section: By-Laws

The Board will appoint a qualified voter as chairperson of the Annual District Meeting and Election/Budget Vote.

The chairperson will call the Annual District Meeting to order and proceed to the following order of business:

a)    Designate the District Clerk as clerk of the election and assistant clerks;

b)    Designate tellers and/or inspectors of election as previously appointed by the Board;

c)    Read the notice of call of the election by the Clerk;

d)    Open the voting process, whether by machine or paper ballot;

e)    Close the voting process;

f)    Receive the Clerk's report of the election results;

g)    Adjourn.

Adopted: July 11, 2006
Last Revised: January 24, 2017

Legal References:

• Education Law §§ 1716, 2025 and 2601-2613

Title: Annual Organizational Meeting

Code: 1620

Section: By-Laws

The Annual Organizational Meeting of the Board will be held in July on or before the Monday after the 20th day in July of each year.

Officers

The meeting will be called to order by the district clerk, who will act as a temporary chairperson. The Board will proceed to the election of a president. The president will then take the chair. The Board will then elect a vice president. Election will be by a majority vote.

Oath of Office

The district clerk will administer the oath of office to the newly elected officers and new members of the Board.

Adopted: July 11, 2006
Last Revised: September 19, 2023
Last Reviewed: August 28, 2023

Legal References:

• Education Law §§ 1701, 1707, 2502 and 2504
• Public Officers Law §10

Title: Submission of Questions and Propositions at the Annual Meeting and Election and Special District Meetings

Code: 1650

Section: By-Laws

Questions and Propositions at the Annual Meeting and Election 

The following rules and regulations shall apply to the submission of the questions or propositions at the annual meeting and election of this School District:

a)    Questions or propositions shall be submitted by petition directed to the Clerk of the School District and shall be signed by twenty-five (25) qualified voters, or five percent (5%) of the registered voters of the District who voted in the previous annual election of Board members, whichever is greater.

b)    A separate petition shall be required for each question or proposition.

c)    Each petition shall be filed with the Clerk of the School District. Petitions relating to an Annual Election must be filed not later than thirty (30) days preceding the election at which the question or proposition is to be voted upon.

d)    Questions or propositions submitted in accordance with these rules and accepted will be printed on the ballot for the voting machine. The School District, however, retains the right to reject petitions as permitted by law, including but not limited to instances where such petitions are advisory in nature or beyond the power of the voters.

e)    The Board of Education shall cause the rules and regulations set forth in this policy to be distributed within the District.

f)    Nothing herein contained shall affect the nominations of candidates as set forth in the Annual District Election notice pursuant to Education Law Section 2018.

Questions or Propositions to be Submitted at Special District Meetings 

The procedure for requesting the Board of Education to call a Special District Meeting to vote on a question or proposition shall be in accordance with subdivisions 2 and 3 of Education Law Section 2008.

Adopted: July 11, 2006
Last Revised: December 08, 2015

Legal References:

• Education Law Sections 1703, 2008, 2018, 2035(2) and 2601-a

Title: Executive Sessions

Code: 1730

Section: By-Laws

Upon a majority vote of its total membership, taken in an open meeting pursuant to a motion identifying the area or areas of the subject or subjects to be considered, the Board of Education may conduct an executive session for discussion of the below enumerated purposes only, provided, however, that no action by formal vote shall be taken except on an Education Law Section 3020-a probable cause finding.  For all other purposes, the action by formal vote shall be taken in open meeting and properly recorded in the minutes of the meeting.

1. Matters that will imperil the public safety if disclosed;

2. Any matter that may disclose the identity of a law enforcement agent or informer;

3. Information relating to current or future investigation or prosecution of a criminal offense that would imperil effective law enforcement if disclosed;

4. Discussions regarding proposed, pending or current litigation;

5. Collective negotiations pursuant to Article 14 of the Civil Service Law;

6. Medical, financial, credit or employment history of any particular person or corporation, or matters leading to the appointment, employment, promotion, demotion, discipline, suspension, dismissal or removal of any particular person or corporation;

7. Preparation, grading or administration of examinations;

8. Proposed acquisition, sale or lease of real property or the proposed acquisition of securities, or sale or exchange of securities, but only when publicity would substantially affect the value thereof.

Matters discussed in executive sessions must be treated as confidential; that is, never discussed outside of that executive session.

Adopted: July 11, 2006

Legal References:

• Education Law Section 3020-a
• Public Officers Law Article 7

Title: Orienting New Board Members

Code: 2110

Section: Internal Relations

The Board and its staff shall assist each new member-elect to understand the Board's functions, policies, and procedures before he/she takes office, by the following methods:

1. The electee shall be given selected materials relating to the responsibilities of Board membership, which material is supplied by the New York State School Boards Association, the National School Boards Association, and/or other professional organizations;

2. The electee shall be invited to attend Board meetings and to participate in its discussions;

3. The Clerk shall supply material pertinent to meetings and shall explain its use;

4. The electee shall be invited to meet with the Superintendent and other administrative personnel to discuss services they perform for the Board;

5. A copy of the Board's policies and by-laws shall be made available to the electee by the Clerk;

6. All new Board members must attend the New York State School Boards Association orientation and should attend other conferences, conventions and workshops.

7. Attendance at conferences, conventions and workshops will be monitored yearly.

Adopted: July 11, 2006

Title: Board Member Training

Code: 2130

Section: Internal Relations

Within the first year of election or appointment, each Board member must complete a minimum of six (6) hours of training on the financial oversight, accountability and fiduciary responsibilities of a School Board member and a training course acquainting him/her with the powers, functions and duties of Boards of Education and administrative authorities affecting public education. Re-elected Board members shall not be required to repeat this training. The curriculum and provider of this training must be approved by the Commissioner of Education.

Upon completing the required training, the Board member shall file with the District Clerk a certificate of completion issued by the provider of the training. Actual and necessary expenses incurred by a Board member in complying with these requirements are a lawful charge to the District.

Adopted: July 11, 2006
Last Revised: November 22, 2011
Prior Revised Dates: 11/10/09

Legal References:

• Education Law Section 2102-a
• 8 New York Code of Rules and Regulations (NYCRR) Section 170.12(a)

Title: Committees of the Board

Code: 2210

Section: Internal Relations

The Board and/or the President of the Board may at its discretion establish committees for the purpose of undertaking a specific task in connection with Board activity.  These committees, however, cannot make legal decisions for the entire Board.

At the request of the Board, the President shall appoint temporary committees consisting of less than a quorum of the full membership for special purposes.  These committees shall be discharged on the completion of their assignment.  The President of the Board shall be an ex-officio member of such committees.

he Board of Education recognizes that it may be necessary from time to time to authorize advisory committees for the purpose of enlisting opinions and counsel of the general public.  Such committees shall be appointed by the Board of Education.  The Board has the right to accept, reject or modify all or any part of a committee recommendation.

Audit Committee 

By January 1, 2006, the Board will establish an audit committee to oversee, and report to the Board on, the annual audit of the District.

Visitation Committees 

The Board of Education shall appoint one (1) or more committees to visit every school or department at least once annually and report on their conditions at the next regular meeting of the Board. 

Adopted: July 11, 2006

Legal References:

• Education Law Sections 1708, 2116-c and 4601

Cross References:

• 5572 - Audit Committee

Title: Attendance by Board Members at Conferences, Conventions, and Workshops

Code: 2320

Section: Internal Relations

The Board believes that continuing in-service training and development are important for its members.  The Board, therefore, encourages the participation of all members at appropriate school board conferences, conventions and workshops which are believed to be of benefit to the School District.  Attendance at conferences, conventions and workshops will be monitored yearly.  However, in order to control both the investment of time and funds necessary to implement this policy, the Board establishes the following guidelines:

1. A calendar of school board conferences, conventions and workshops shall be maintained by the Board Clerk.  The Board will periodically decide which meetings appear to be most likely to produce direct and indirect benefits to the School District.  At least annually, the Board will identify those new ideas or procedures and/or cost benefits that can be ascribed to participation at such meetings. 

2. Funds for participation at such conferences, conventions, workshops and the like will be budgeted for on an annual basis.  When funds are limited, the Board will designate which members are to participate at a given meeting. 

3. Reimbursement to Board members for all actual and necessary registration fees, expenses of travel, meals and lodging, and all necessary tuition fees incurred in connection with attendance at conferences and the like will be in accordance with established regulations for expense reimbursement. 

4. When a conference, convention or workshop is not attended by the full Board, those who do participate will be requested to share information, recommendations and materials acquired at the meeting. 

The authorization for Board members to attend a conference, convention, workshop and the like shall be by Board resolution adopted prior to such attendance.  However, the Board, in its discretion, may delegate the power to authorize attendance at such conferences to the President of the Board of Education.

Where authorization has been delegated to the President of the Board, no expense or claim form shall be paid unless a travel order or similar document signed by the President is attached to such form, authorizing the claimant to attend the conference.

Adopted: July 11, 2006

Legal References:

• Education Law Section 2118
• General Municipal Law Sections 77-b and 77-c