New York school law : information about the New York State education law, regulations and decisions of the Commissioner of Education, and other laws and legal opinions relating to education for the guidance of school boards and school administrators in Ne

Prefatory Material Title Page Copyright Page Terms of Use New York State School Boards Contents Preface Acknowledgement School Law General Information and Abbreviations Introduction New Statutory and Regulatory Law Federal Statutes State Statutes State Statutory Changes Awaiting Action by the Governor The Board of Regents and State Regulations New Case Law 1. Public Education – Governance Framework In General 1:1. What is the University of the State of New York? 1:2. What is the general framework of New York State’s public education system? 1:3. What is the role of the federal government regarding the operation of school districts in New York State? 1:4. What is the role of the state government regarding the operation of school districts in New York State? 1:5. What are the roles of the New York State Board of Regents and the State Education Department regarding the operation of school districts? The New York State Board of Regents 1:6. What is the New York State Board of Regents? 1:7. What is the composition of the Board of Regents? 1:8. What are the Board of Regents’ powers and duties? The New York State Education Department 1:9. What is the NYS Education Department? 1:10. What is the function of the NYS Education Department? The Commissioner of Education 1:11. Who is the commissioner of education? 1:12. What are the commissioner of education’s powers and duties? 1:13. What are the commissioner’s regulations? 1:14. Can a school district apply for a waiver from regulation? 1:15. How is an appeal brought to the commissioner of education? 1:16. Are there any limitations on the commissioner of education’s review of an appeal? 1:17. Are there any restrictions on the commissioner of education’s appellate jurisdictional authority? 1:18. Are there any restrictions on the type of relief that the commissioner of education may grant in an appeal? 1:19. Are there any areas of law which the commissioner of education has no authority to enforce? 1:20. Are there any limitations on the commissioner of education’s ability to reopen a prior appeal? 1:21. Are the commissioner of education’s decisions reviewable by the courts? Public School Districts 1:22. What is a common school district? 1:23. What is a union free school district? 1:24 What is a central school district? 1:25. What is a central high school district? 1:26. What is a city school district? 1:27. What is an enlarged city school district? 1:28. What is a special act school district? 1:29. What is a board of cooperative educational services? 1:30. Who determines the official name of a school district? 2. School District Reorganization Mergers and Dissolution 2:1. What is school district reorganization? 2:2. What is centralization? 2:3. What is annexation? 2:4. What is consolidation? 2:5. What is dissolution? 2:6. What is the Master Plan and its impact on school district reorganization? 2:7. Is there a legal procedure whereby a school district can be broken up and divided into two or more smaller districts? 2:8. What is the role of the commissioner of education in school district reorganizations? Reorganization Procedures 2:9. Are there any preliminary steps school districts must take before they can reorganize? 2:10. What are the procedures involved in centralization? 2:11. What are the procedures involved in annexation to a central school district? 2:12. What are the procedures involved in an annexation to a union free school district? 2:13. What are the procedures involved in the consolidation of union free and/or common school districts? 2:14. What are the procedures for consolidation with a city school district? 2:15. What are the procedures for dissolving a district? 2:16. Is there a limit to the number of times a proposal to reorganize may be submitted to the voters within a given time period? Impact of Reorganization 2:17. How is the name of a newly created central school district selected? 2:18. What happens to the property and debts of former school districts after a reorganization? 2:19. How does a school district reorganization affect employment contracts? 2:20. What employment rights are provided to employees of districts that have been dissolved or reorganized pursuant to annexation to a union free school district? 2:21. What employment rights exist for employees of districts that have been reorganized pursuant to centralization, consolidation, or annexation to a central school district? 2:22. How are superintendents affected by reorganization? 2:23. Is a school district bound by an assurance made during the reorganization process to not close a school building? 2:24. Is state aid available to school districts that reorganize? 2:25. Where can more information be obtained about reorganization? 3. Charter Schools Formation of Charter Schools 3:1. What is a charter school? 3:2. Where may a charter school be located? 3:3. How are charter schools viewed for purposes of local zoning, land use regulation and building code compliance? 3:4. Who can form a charter school? 3:5. What is the process for forming a charter school? 3:6. What is the process for converting an existing public school into a charter school? 3:7. Must school districts be notified of applications for a proposed charter school submitted to other charter entities? 3:8. Are charter school applications subject to a public hearing? 3:9. Are school districts entitled to comment on charter school applications submitted to other charter entities? 3:10. Can a charter entity reject a charter school application? 3:11. Can an applicant appeal the denial of a charter school application? 3:12. Can a school board challenge the approval of a charter school application? 3:13. Can a charter be revised? 3:14. Is there a limit on the number of charter schools that may be established in New York State? 3:15. Is there a limit on the term of a charter? 3:16. Can a charter be revoked or terminated? Operation of Charter Schools 3:17. Are charter schools subject to the same laws and regulations that apply to other public schools? 3:18. Are charter schools subject to student compulsory attendance laws and performance standards? 3:19. Are charter schools subject to audits? 3:20. What are some laws charter schools do not have to follow? 3:21. Are charter schools subject to oversight and supervision? 3:22. Can an established charter school relocate to another school district? 3:23. Where should complaints about charter schools be directed? Student Admissions and Enrollment 3:24. Who may attend a charter school? 3:25. May a charter school have student admission preferences? 3:26. Is there a minimum number of students required for a charter school? Academic Program and Services 3:27. Must charter school students take state assessments? 3:28. May a charter school issue a high school diploma? 3:29. Are there any restrictions on the grade levels that a charter school can offer? 3:30. May a charter school participate in a universal pre-kindergarten program? 3:31. What is the length of the school year and school day of charter schools? 3:32. Who is responsible for developing an individualized education program (IEP) for charter school students with disabilities? 3:33. Who is responsible for transporting charter school students to and from school? 3:34. May charter school students participate in the athletic and extracurricular activities of their school district of residence? 3:35. Are there any materials and services that a school district must make available to charter schools? Charter School Funding 3:36. Can charter schools levy taxes or charge tuition? 3:37. How are charter schools funded? 3:38. What happens if a school district fails to pay tuition owed to a charter school? 3:39. Can charter school payments be excluded when determining a district’s statutory contingency budget cap? 3:40. Are there any restrictions on the use of moneys a charter school receives from a school district? 3:41. May charter schools issue corporate bonds? Charter School Personnel 3:42. What is the minimum number of teachers required for a charter school? 3:43. Must charter school teachers be certified by New York State? 3:44. Are charter school teachers subject to fingerprinting requirements? 3:45. Are charter school teachers subject to child abuse in an educational setting reporting requirements? 3:46. Who do charter school employees work for? 3:47. Do charter school employees enjoy collective bargaining rights? 3:48. May teachers from a public school district teach in a charter school? 4. Nonpublic Schools In General 4:1. Are nonpublic schools subject to the same legal requirements that apply to public schools? 4:2. Must a school district allow students of compulsory education age to withdraw from its public schools and attend a nonpublic school? 4:3. Are nonpublic schools entitled to any state aid? Substantial Equivalency 4:4. Are there any minimum standards that apply to the education of children who attend nonpublic schools in New York? 4:5. Is there a process for determining whether nonpublic school students are receiving a substantially equivalent education? Registration and Oversight 4:6. Must nonpublic schools be registered with the NYS Education Department? 4:7. Does the NYS Education Department review registered nonpublic high schools? 4:8. Is there any NYS Education Department review of unregistered nonpublic schools? Public School Services for Nonpublic School Students 4:9. Are there any type of services that public school districts must provide to nonpublic school students? 4:10. What dual enrollment services are available to nonpublic school students? 4:11. What are the basic procedures for providing dual enrollment services to students attending nonpublic schools? 4:12. Are school districts required to provide dual-enrollment services on site at the nonpublic schools? 4:13. Is a school district required to provide on-site special education and related services to students with disabilities who attend private schools, including parochial schools? 4:14. Must public school districts purchase and loan textbooks to students attending nonpublic schools? 4:15. Must a nonpublic school use the same textbooks as those used by the school district? 4:16. Must school districts have in place a process for the distribution of textbooks to nonpublic school students? 4:17. Can school districts limit the amount of funds to be spent on lending textbooks to nonpublic students? 4:18. Can school districts reimburse nonpublic school students for textbooks they may have purchased on their own? 4:19. May nonpublic school students borrow library materials? 4:20. May school districts purchase and loan instructional computer hardware to nonpublic school students? 4:21. Must school districts purchase and loan computer software programs to nonpublic school students? 4:22. Must school districts allow nonpublic school students to participate in extracurricular activities at the public schools? 5. School Boards Composition 5:1. What is a school board? 5:2. What is the composition of a school board? 5:3. Is there a difference between a trustee and a school board member? 5:4. Are school board members local or state officials? 5:5. May a student serve as an ex-officio non-voting member of a school board? 5:6. How many school board members serve on a school board? 5:7. May the number of members on a school board be changed? 5:8. When do changes to the number of members on a school board take effect? 5:9. What is the term of office for board members? 5:10. May the term of office for a board member be changed? 5:11. Are school board members required to take an oath of office? Vacancies 5:12. How do vacancies occur on a school board? 5:13. May a vacancy on a school board be declared if a member is absent from three successive meetings? 5:14. Are school districts obligated to fill a vacancy when one arises? 5:15. What is the procedure to fill a vacancy on a school board? School Board Powers and Duties 5:16. What are the powers and duties of a school board? 5:17. What are some of the basic powers and duties of school boards? 5:18. What is devolution, and how does it affect the powers and duties of school boards? 5:19. How does a school board take official action on behalf of its school district? 5:20. May a school board delegate its authority to take official action? 5:21. What happens if a school board fails to take official action? 5:22. May a school board hire a superintendent of schools? 5:23. May a school board remove its superintendent? 5:24. May an outgoing school board extend a superintendent’s contract and thus bind successor boards? 5:25. May an outgoing school board bind a successor board to a contract with a school attorney? 5:26. May a school board establish a school camp? 5:27. May a school board authorize credit unions to open and maintain student branches within elementary and secondary schools? 5:28. Must the school board designate a bank or trust company as an official school district depository? 5:29. Are school boards required to conduct a school census? Powers and Duties of Individual School Board Members 5:30. Do school board members have any individual rights to act on behalf of the school board? 5:31. Do individual school board members have the right to visit schools in an official capacity? 5:32. Do board members have a right to inspect personnel records? 5:33. Do school board members have a right to express their own individual personal views on school district issues? 5:34. Are school board members required to take any kind of training? Policies 5:35. What is a policy? 5:36. What is the function of school board policies? 5:37. Must school boards maintain policy manuals? 5:38. What is the difference between a policy and a regulation? 5:39. What services does the New York State School Boards Association provide to assist local school boards in developing and maintaining up-to-date policies? Shared-Decision-Making 5:40. What is shared-decision-making? 5:41. How is a school district’s shared-decision-making plan developed? 5:42. What must be included in a school district’s shared-decision-making plan? 5:43. Are there any limitations on which educational issues a school-based shared-decision-making committee may address? 5:44. How often must the district’s shared-decision-making plan be reviewed? 5:45. Can a school board member be a member of the district-wide shared-decision-making committee? 5:46. Who may be a member of the school-based shared-decision-making team? 5:47. Are school district shared-decision-making plans subject to challenge? 5:48. Must school districts negotiate with their unions over shared-decision-making? 5:49. Is the shared-decision-making process subject to the Open Meetings Law? 6. School Board Members Qualifications 6:1. What are the qualifications for membership on a school board? 6:2. May a school district impose additional requirements for school board membership? 6:3. May a former employee of the school district serve on the school board? 6:4. May an individual be a school board member if that person’s spouse is employed by the district? 6:5. May a member of the clergy seek office as a member of a school board? Incompatibility of Office 6:6. May a school board member run for or hold an additional public office? 6:7. What makes two public offices or positions of employment incompatible with one another? 6:8. Are there any public offices or employment positions that a school board member is specifically prohibited from holding by statute? 6:9. Are there any offices that have been found to be incompatible with the office of school board member even without an express statutory prohibition? 6:10. Are there any offices that have been found to be compatible with the office of school board member? 6:11. May a school board member apply for and be appointed to a position of employment with the district in which he or she serves as a school board member? Nomination 6:12. How are school board candidates nominated for election? 6:13. Can a person who is not a registered voter sign a nominating petition for school board candidates? 6:14. Can a person sign a nominating petition for more than one candidate for the same board seat? 6:15. Do nominating petitions have to be verified? 6:16. What is the deadline for the submission of nominating petitions? 6:17. May the school board reject a nominating petition? 6:18. Must a person file a nominating petition in order to be elected? 6:19. What happens if there are no candidates or not enough candidates properly nominated for each vacancy? 6:20. What happens if a candidate who has properly filed a nominating petition withdraws, dies, or becomes ineligible for office before the election? 6:21. May a candidate who withdraws from an election resubmit his or her candidacy? Campaign Expenditures and Contributions 6:22. Are school board candidates required to file campaign expenditure and contribution statements? 6:23. Are there any exceptions to a school board candidate’s obligation to file campaign expenditure and contribution statements? 6:24. What happens if others make expenditures on behalf of the candidate without the school board candidate’s approval? 6:25. Is there a set schedule for the filing of school board campaign expenditure and contribution statements? 6:26. Is there any specific information that must be included in a school board candidate’s required contribution statements? 6:27. What happens if the district clerk or commissioner of eduction fails to receive campaign expenditure and contribution statements? 6:28. Must school board members file statements disclosing their personal financial status? Election 6:29. How are school board members elected? 6:30. Must candidates’ names appear on the ballot in any particular order? 6:31. Are there special ballot requirements in elections where board members run for “specific seats”? 6:32. Who gives official notice of school board election results? 6:33. What happens if an election vote is tied? 6:34. Must newly elected school board members officially accept their election to office? 6:35. When does a newly-elected board member take office? 6:36. What happens if there is a dispute over the results of a school board election? 6:37. May the commissioner of education order a recount of the election ballots or a new election? 6:38. What impact does a successful challenge to the results of a school board election have on the actions taken by the board while the appeal was pending? Resignation and Removal 6:39. May a school board member resign from office? 6:40. When does the resignation of a school board member become effective? 6:41. Once a school board member has submitted his or her resignation, may it be withdrawn? 6:42. May a school board member be removed from office? 6:43. Under what circumstances may the commissioner of education remove a school board member from office? 6:44. What are some examples of instances where the commissioner of education has removed a school board member from office? 6:45. Are there time limits by when an application to the commissioner of education seeking the removal of a board member must be made? 6:46. Under what circumstances may a school board remove one of its members from office? 6:47. What are some examples of instances where the commissioner of education has upheld a school board’s decision to remove one of its members? 6:48. Are there time limitations on the authority of a school board to remove one of its members from office? 6:49. Are there any limitations on the participation of school board members in removal proceedings? 6:50. May a school board member be removed from office for revealing confidential information learned in executive session? 6:51. What is the process for removing a school board member? 6:52. Are removal hearings conducted before the board of education required to be held open to members of the public? 6:53. May a school board member be removed as president of the board without being removed as a school board member? 6:54. May a school board member in New York be censured, reprimanded or suspended? 6:55. Can school board members be paid for their service as board members? 7. Boards of Cooperative Educational Services (BOCES) Overview 7:1. What is a board of cooperative educational services (BOCES)? 7:2. How many BOCES are there? 7:3. Do all school districts belong to a BOCES? 7:4. Can a school district terminate its membership in a BOCES? BOCES Board Members 7:5. How many members are on a BOCES board? 7:6. Can two residents of the same component district sit on a BOCES board at the same time? 7:7. How long is the term of office of a BOCES board member? 7:8. What are the qualifications for serving as a BOCES board member? 7:9. How are BOCES board members nominated for office? 7:10. Are there any restrictions on BOCES board nominations? 7:11. Does the BOCES have a responsibility to encourage nominations? 7:12. How are the members of a BOCES board elected? 7:13. What happens in the event of a tie vote? 7:14. What happens if the school board of a component district is unable to obtain a quorum on the day designated for the election or fails to adopt a board resolution voting on the candidates? 7:15. What happens if all of the component school districts fail to vote, so that no candidate receives a plurality? 7:16. What is the procedure to fill a vacancy on the BOCES board? 7:17. What are the powers and duties of a BOCES board? 7:18. How do BOCES determine the cooperative educational needs of school districts within its supervisory district? BOCES Services 7:19. What services are available through a BOCES? 7:20. How does a component school district secure educational services through a BOCES? 7:21. May a local school board limit student enrollment in particular BOCES programs? 7:22. Are there any circumstances under which a non-component district can participate in BOCES services? 7:23. May BOCES provide student transportation services? 7:24. Are services purchased from BOCES state aidable? 7:25. Are all BOCES services eligible for state aid? 7:26. Are there any types of services deemed ineligible to be considered a BOCES aidable shared service? BOCES Facilities 7:27. May a BOCES purchase, own, sell, and/or exchange sites and facilities? 7:28. May a BOCES acquire facilities to house its services through the New York State Dormitory Authority? 7:29. Do renovations of BOCES facilities require voter or component school district approval? 7:30. May a BOCES lease its unused facilities? 7:31. May a BOCES rent real property? 7:32. May a BOCES lease personal property? 7:33. Are there any facilities policy requirements that are unique to a BOCES? BOCES Fiscal Audit Requirements 7:34. Are BOCES subject to internal audit fiscal requirements? 7:35. Are BOCES subject to external financial audits? 8. School District Officers In General 8:1. Who are the school district’s officers? 8:2. Are all individuals whose title includes “superintendent” considered school district officers? 8:3. Is a school board’s legal counsel or school attorney a school district officer? 8:4. Must certain school district officers file a bond? 8:5. Who determines the amount of compensation paid to a school district officer? 8:6. May school district officers do business with the school district that employs them? Qualifications of School District Officers 8:7. What are the qualifications of school district officers? 8:8. Are school district officers required to take a constitutional oath of office? Appointment of School District Officers 8:9. May a school board member be appointed district clerk? 8:10. May the school board appoint someone to fulfill the district clerk’s duties if the current clerk is unavailable? 8:11. May the school board appoint a deputy treasurer? 8:12. May the school board appoint a bank to act as the district’s treasurer? 8:13. May the school board appoint one of its members to sign checks? 8:14. Must a school board appoint a claims auditor or a deputy claims auditor? 8:15. Must the claims auditor be an employee of the district? Removal of School District Officers 8:16. Can the school board remove school district officers from their positions? 8:17. Can the commissioner of education remove school district officers from their positions? 8:18. What is the procedure for removing a district clerk who may be removed only for cause? 9. School District Administrators In General 9:1. What are the typical school administrative positions in New York State? 9:2. May school districts share administrators? 9:3. May school districts transfer administrators to different positions? 9:4. Can administrators challenge their transfer to a different position? 9:5. Is a school board bound by an employment contract with an administrative employee? 9:6. Are school administrators subject to New York State’s fingerprinting law? 9:7. Are school districts and boards of cooperative educational services (BOCES) required to provide administrators with training on preventing and responding to harassment, bullying/cyberbullying and discrimination of students? 9:8. Must school administrators be trained on violence prevention and intervention and mental health issues? Certification Requirements 9:9. What type of certification is required to serve as an administrator in New York State? 9:10. Are there limitations on the type of positions that a holder of an administrator certificate is able to hold? 9:11. What are the requirements for a school district leader (SDL) certificate? 9:12. Are there alternative routes for obtaining certification as a school district leader? 9:13. What are the requirements for a school district business leader (SDBL) certificate? 9:14. Is there an alternative route for obtaining certification as a school district business leader? 9:15. What are the requirements for a school building leader (SBL) certificate? 9:16. How does military service affect the time an individual has to complete requirements for certification as an administrator? 9:17. May individuals with equivalent certification from other states work as school district leaders, school district business leaders and school building leaders in New York? 9:18. Is there a legal procedure for decertifying a school administrator? 9:19. What specialized training, if any, is required for administrators and those applying for certification as an administrator? Probationary Appointments 9:20. How are school administrators employed and appointed on probation? 9:21. Are administrators entitled to a shortened probationary appointment? 9:22. Does service as a substitute administrator count toward an administrative probationary period? 9:23. Does service as an “acting” administrator in a vacant position count toward an administrative probationary period? 9:24. Does service rendered outside an administrative tenure area pending the outcome of criminal charges count toward an administrative probationary period? 9:25. Does part-time service as an administrator count toward an administrative probationary period? Administrative Tenure Areas 9:26. What tenure areas are applicable to school administrators? 9:27. How do school districts with more than one administrative tenure area determine what positions belong in a particular tenure area? 9:28. In what tenure area are administrators deem to serve? 9:29. Can administrators be assigned or transferred outside their tenure area? 9:30. Can an individual serve as an administrator and a teacher at the same time? Abolition of Administrative Positions 9:31. May a school board abolish an administrative position? 9:32. Is an administrator whose position is abolished entitled to another position in the school district? 9:33. Must a school district conduct a pre-termination hearing prior to dismissing an administrator whose position is abolished? Administrator Termination and Discipline 9:34. Are there specific procedures for terminating the employment of administrators? 9:35. How do annual professional performance reviews (APPR) affect the termination of school building principals? 9:36. Must school districts conduct a name-clearing hearing prior to terminating a probationary administrator? 9:37. Are tenured administrators entitled to disciplinary protection? 9:38. May a school district permit an administrator accused of child abuse to tender a silent resignation? 9:39. Is a wrongfully terminated probationary administrator entitled to back pay? 10. The Superintendent of Schools In General 10:1. What is a superintendent of schools? 10:2. Is a superintendent a member of the school board? 10:3. Is a superintendent required to take an oath of office? 10:4. Is a school board required to evaluate its superintendent? 10:5. How do superintendents acquire their positions in New York State? The Superintendent’s Employment Contract 10:6. Is a contract necessary to employ a superintendent? 10:7. How long may a superintendent’s contract last? 10:8. Are there any exceptions to the limitation on the duration of superintendent contracts? 10:9. Does service as an interim superintendent affect the limitations on the duration of a superintendent contract? 10:10. Can school boards extend or supplant a superintendent’s contract? 10:11. Can a superintendent’s contract include an automatic extension and removal provision? 10:12. May an outgoing board extend a superintendent’s contract? 10:13. Must the school board of a newly-consolidated school district honor the contract of a former superintendent of one of the merged districts? Powers and Duties 10:14. What are the statutory powers and duties of a superintendent? 10:15. Are there any limitations on a superintendent’s authority to transfer educators? 10:16. May a superintendent grant an employee leave to serve as an emergency service volunteer? 10:17. Does a superintendent need school board approval to initiate legal proceedings on behalf of the school district? 10:18. Does the school board have the authority to chan