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New Requirements for Ex Officio Student Members of Boards of Education

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  1. Home
  2. New Requirements for Ex Officio Student Members of Boards of Education

New Requirements for Ex Officio Student Members of Boards of Education

Sept. 11, 2024

By: Kirsten Barclay, Candace Gomez and Connor Johnson

On Sept. 5, 2024, New York Governor Kathy Hochul signed into law Bill S.9018A/A.9855A amending various provisions of the Education Law relating to high school student participation on school boards. The new law, which goes into effect on July 1, 2025, requires that all school districts operating a high school and all Boards of Cooperative Education Services (BOCES) establish procedures to designate at least one high school student as an ex officio, non-voting member(s) of their boards of education. These new requirements do not apply to New York City. The purpose of the law is to provide an opportunity for students to build skills and habits of civic engagement while providing a voice in their districts’ policies and operations. Under the new law, school districts are no longer authorized to appoint the student member via referendum of the voters of the district.  

The new law expands the pool of eligible students to include all students who have attended the high school for at least one year prior to their appointment to the board. Ex officio student members of the board may be any of the following: a student that has been duly elected as student president of the high school; a student duly elected by the student body; a student selected by the high school student government; a student selected by the high school principal; a student selected by the superintendent of schools; a student selected by majority vote of the school board. Student members will be entitled to sit with the board members at all public meetings and hearings, and may be permitted to participate in other board of education activities and responsibilities at the discretion of each board of education, though they will not be allowed to attend executive sessions or other meetings or hearings not open to the public, nor can they receive any compensation, and they shall not be entitled to vote as a member of the school board.

Because the law is effective as of July 1, 2025, school districts and BOCES are encouraged to review their current policies and begin developing procedures in accordance with the new requirements.

If you have any questions regarding the material provided in this informational memo, please contact Kirsten Barclay, Candace Gomez, Connor Johnson or the attorney in Bond’s school law practice group with whom you are regularly in contact. 

Overview

New Requirements for Ex Officio Student Members of Boards of Education

Sept. 11, 2024

By: Kirsten Barclay, Candace Gomez and Connor Johnson

On Sept. 5, 2024, New York Governor Kathy Hochul signed into law Bill S.9018A/A.9855A amending various provisions of the Education Law relating to high school student participation on school boards. The new law, which goes into effect on July 1, 2025, requires that all school districts operating a high school and all Boards of Cooperative Education Services (BOCES) establish procedures to designate at least one high school student as an ex officio, non-voting member(s) of their boards of education. These new requirements do not apply to New York City. The purpose of the law is to provide an opportunity for students to build skills and habits of civic engagement while providing a voice in their districts’ policies and operations. Under the new law, school districts are no longer authorized to appoint the student member via referendum of the voters of the district.  

The new law expands the pool of eligible students to include all students who have attended the high school for at least one year prior to their appointment to the board. Ex officio student members of the board may be any of the following: a student that has been duly elected as student president of the high school; a student duly elected by the student body; a student selected by the high school student government; a student selected by the high school principal; a student selected by the superintendent of schools; a student selected by majority vote of the school board. Student members will be entitled to sit with the board members at all public meetings and hearings, and may be permitted to participate in other board of education activities and responsibilities at the discretion of each board of education, though they will not be allowed to attend executive sessions or other meetings or hearings not open to the public, nor can they receive any compensation, and they shall not be entitled to vote as a member of the school board.

Because the law is effective as of July 1, 2025, school districts and BOCES are encouraged to review their current policies and begin developing procedures in accordance with the new requirements.

If you have any questions regarding the material provided in this informational memo, please contact Kirsten Barclay, Candace Gomez, Connor Johnson or the attorney in Bond’s school law practice group with whom you are regularly in contact. 

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