EdVANTAGE Blog

Awhile back, it was rumored that the State Education Department would move the statewide school district voting date up a week next spring, from May 18 to May 11, due to a conflict with a religious holiday.

This provoked some consternation, as well as questions — why not move the vote back a week instead?  In fact, the law only allows the Education Commissioner one option in the event of a conflict — to move the vote up to the second Tuesday in May.

However,the Department has now issued this determination:

Any change in the date for the 2010 annual budget vote and board of education elections will occur only for those districts that request such a change by the Commissioner due to a conflict with religious observances. All other districts statewide will still hold their annual budget vote and board of education election on the third Tuesday in May.

The Department’s complete guidance is copied below and available here.  It advises how districts seeking to use the earlier date are to proceed.

2010 VOTING DATE CHANGE – UPDATE

Any change in the date for the 2010 annual budget vote and board of education elections will occur only for those districts that request such a change by the Commissioner due to a conflict with religious observances. All other districts statewide will still hold their annual budget vote and board of education election on the third Tuesday in May.

As of December 21, 2009, three districts have requested a change in their vote date. Any other districts who are considering requesting a change should have their request, with supporting documentation, into the Office of Educational Management Services, Attn: Jay O’Connor, 876 EBA, 89 Washington Avenue, Albany, NY 12234 by Monday, February 1, 2010 in order to allow sufficient time for processing and issuance of an order by the March 1, 2010 deadline established by the Education Law. Along with the letter of request, the district must submit the following:

* Resolution of the Board of Education, duly adopted, that a conflict exists with their voter’s religious observance of _________________________ on the third Tuesday of May, 2010;

* Minutes of the meeting of the Board of Education confirming adoption of the resolution; and

* District clerk certification of the minutes of such meeting.

The Office of Educational Management Services has samples of suggested wording for the board resolution. For a copy of a sample, or for more information, please contact our office at 518-474-6541.