N.Y.
Education Law Section 1803
Proceedings at meeting
1.
Any meeting held pursuant to the notice provided in section eighteen hundred two shall be called to order by a school official or a qualified voter of the district, designated by the commissioner of education for the purpose. The first order of business shall be the election of a chairman and a clerk who shall be qualified voters of the district. The meeting may be adjourned from time to time by a majority vote of the qualified voters present but no such adjournment shall be for a longer period than ten days. The affirmative vote of a majority of the qualified voters present and voting shall be required on the adoption of a resolution.2.
At a meeting held pursuant to subdivision one of section eighteen hundred two a resolution in substantially the following form shall be presented for the action and determination of the meeting, viz.: “Resolved that the ........ central school district (add designation) as described in the order of the commissioner of education now before this meeting, be organized and a central school for instruction in elementary and high school subjects be established.” 3. At a meeting held in an existing central school district pursuant to subdivision two of section eighteen hundred two a resolution in substantially the following form shall be presented for the action and determination of the meeting, viz.: "Resolved that the ........ (insert simplified name of district in accordance with § 315 (School district names)section three hundred fifteen of this chapter) school district be annexed to the ......... central school district (designate central school district) as provided in the order of the commissioner of education now before this meeting." Said resolution may be amended by a majority vote of the qualified voters present to exclude one or more of the districts described in said order of the commissioner from annexation to the central school district.4.
At a meeting held in any common or union free school district pursuant to subdivision two of section eighteen hundred two a resolution in substantially the following form shall be presented for the action and determination of the meeting, viz.: "Resolved that the ......... (insert simplified name of district in accordance with § 315 (School district names)section three hundred fifteen of this chapter) school district be annexed to the .......... central school district (designate central school district) as provided in the order of the commissioner of education now before this meeting." 5. Votes upon the adoption of a resolution shall be cast in the same manner as votes for the election of school district trustees. The commissioner of education may order such modifications in the manner of voting as are customary for school district elections in the community affected by such vote. Such modifications may include the use of voting machines and shall include the use of absentee ballots as provided under section two thousand eighteen-a or two thousand eighteen-b of this title, whichever shall apply, and early mail ballots as provided in section two thousand eighteen-e or two thousand eighteen-f of this title, whichever shall apply.6.
A copy of the minutes of the meeting or meetings duly certified by the clerk shall be filed by him with the commissioner of education, with each school superintendent in whose jurisdiction such school district, or any part thereof, is or may thereafterward be located and with the town clerk of each town in which any part of said school district is or may thereafterward be located.7.
If the resolution described in subdivision two of this section is adopted, then the voters shall proceed to organize in accordance with the provisions of this article.8.
If at any such meeting the resolution described in subdivision two, three or four of this section shall be presented and shall not be adopted, there shall be no further proceedings at such meeting, except a motion to reconsider the question. No such meeting shall again be called within one year after such original meeting. No new meeting shall be called unless a petition therefor shall be presented to the commissioner in the manner provided in subdivision two of § 1802 (Organization procedure)section eighteen hundred two of this article. If no meeting shall be called to reconsider the question within two years after such original meeting or if at any such meeting called within two years after such original meeting the resolution shall again fail of adoption, the order of the commissioner of education to which the resolution relates shall be deemed null and void and of no further force or effect.9.
If the resolution submitted to the voters as provided in either subdivision three or subdivision four of this section shall be adopted the territory described therein shall thereupon be annexed to the existing central school district.
Source:
Section 1803 — Proceedings at meeting, https://www.nysenate.gov/legislation/laws/EDN/1803 (updated May 31, 2024; accessed Oct. 26, 2024).
