|
See Text
A08903 Summary:BILL NO A08903A
SAME AS Same as S50003, S60403, S65003, S65109,
SPONSOR Silver (MS)
COSPNSR Nolan, Farrell, Towns, Lopez V, Pheffer, Benedetto, Hyer-Spencer
MLTSPNSR Benjamin, Bing, Carrozza, Clark, Cook, Cymbrowitz, Espaillat,
Gianaris, Kellner, Lancman, Markey, Mayersohn, Meng, Ortiz, Peralta,
Rivera P
Amd Ed L, generally; amd S19, Chap 738 of 1988; amd S1735, Pub Auth L; amd S34,
Chap 91 of 2002
Relates to the reorganization of the New York city school construction
authority, board of education and community boards.
A08903 Actions:BILL NO A08903A
06/14/2009 referred to education
06/14/2009 amend and recommit to education
06/14/2009 print number 8903a
06/15/2009 reported referred to ways and means
06/16/2009 reported referred to rules
06/16/2009 reported
06/16/2009 rules report cal.395
06/16/2009 ordered to third reading rules cal.395
06/17/2009 passed assembly
06/17/2009 delivered to senate
06/18/2009 REFERRED TO RULES
08/06/2009 SUBSTITUTED FOR S5887
08/06/2009 3RD READING CAL.958
08/06/2009 PASSED SENATE
08/06/2009 RETURNED TO ASSEMBLY
08/10/2009 delivered to governor
08/11/2009 signed chap.345
A08903 Votes:BILL: A08903A DATE: 06/17/2009 MOTION: YEA/NAY: 129/018
Abbate NO Cahill Y Englebr Y Hooper Y Maisel NO Powell Y Skartad Y
Alessi Y Calhoun Y Errigo Y Hoyt Y Markey Y Pretlow Y Spano Y
Alfano Y Camara Y Espaill Y Hyer-Sp Y Mayerso Y Quinn Y Stirpe Y
Amedore Y Canestr Y Farrell Y Jacobs Y McDonou Y Rabbitt Y Sweeney Y
Arroyo Y Carrozz Y Fields Y Jaffee Y McEneny Y Raia Y Tedisco Y
Aubry NO Castro NO Finch Y Jeffrie NO McKevit Y Ramos Y Thiele Y
Bacalle Y Christe Y Fitzpat Y John Y Meng Y Reilich Y Titone Y
Ball Y Clark Y Gabrysz Y Jordan Y Miller Y Reilly Y Titus Y
Barclay Y Colton NO Galef Y Kavanag Y Millman Y Rive J NO Tobacco Y
Barra Y Conte Y Gantt Y Kellner Y Molinar Y Rive N NO Towns Y
Barron ER Cook Y Gianari Y Kolb Y Morelle Y Rive PM Y Townsen Y
Benedet Y Corwin Y Gibson NO Koon Y Nolan Y Robinso NO Walker Y
Benjami Y Crespo NO Giglio Y Lancman Y Oaks Y Rosenth Y Weinste Y
Bing Y Crouch Y Glick NO Latimer Y O'Donne NO Russell ER Weisenb Y
Boyland ER Cusick Y Gordon Y Lavine Y O'Mara Y Saladin Y Weprin NO
Boyle Y Cymbrow Y Gottfri Y Lentol Y Ortiz Y Sayward Y Wright Y
Bradley Y DelMont Y Gunther Y Lifton Y Parment Y Scarbor Y Zebrows Y
Brennan NO DenDekk Y Hawley Y Lope PD Y Paulin Y Schimel Y Mr Spkr Y
Brodsky Y Destito Y Hayes Y Lope VJ Y Peoples Y Schimmi Y
Brook-K Y Dinowit NO Heastie NO Lupardo Y Peralta Y Schroed Y
Burling Y Duprey Y Hevesi Y Magee Y Perry NO Scozzaf Y
Butler Y Eddingt Y Hikind Y Magnare Y Pheffer Y Seminer Y
A08903 Memo:BILL NUMBER:A8903A
TITLE OF BILL: An act to amend the education law, in relation to the
New York city board of education, chancellor, community councils and
community superintendents; to amend chapter 738 of the laws of 1988,
amending the administrative code of the city of New York, the public
authorities law and other laws relating to the New York city school
construction authority, in relation to extending certain provisions of
such chapter relating to certain contracts of the authority; to amend
the public authorities law, in relation to extending certain provisions;
to amend chapter 91 of the laws of 2002 amending the education law and
other laws relating to the reorganization of the New York city school
construction authority, board of education and community boards, in
relation to extending certain provisions of such chapter; and providing
for the repeal of certain provisions of the education law relating ther-
eto
PURPOSE OR GENERAL IDEA OF BILL: To extend chapter 91 of the laws of
2003 and chapter 123 of the laws of 2003 with amendments in order to
provide for greater parental participation and input, transparency, and
accountability in relation to the management and operation of the New
York City school district.
SUMMARY OF SPECIFIC PROVISIONS: This legislation extends changes to the
structure of the New York City school district adopted in 2002 and 2003
and provides for several modifications to the management and operation
of such school district at the school level, community district level
and city district level.
In order to provide for greater parental participation and input at the
school level, this legislation strengthens the role of school leadership
teams by increasing collaboration between the principal and the school
leadership team so that the school's budget is aligned with the educa-
tional goals set forth in the school's comprehensive educational plan.
The school leadership team must be consulted regarding the selection of
the school principal and may also provide an assessment of the princi-
pal's record in developing an effective shared decision-making relation-
ship with members of the school leadership team. Additionally, the
school leadership team may bring disputes to the Community Superinten-
dent relating to decisions made by the principal that are inconsistent
with the goals and policies contained within the school's comprehensive,
educational plan. The Chancellor shall make all comprehensive educa-
tional plans publicly accessible, including on the Board of Education's
website.
Parents and members of the school community have greater notification
and an opportunity to voice concerns regarding proposed school closings
or significant changes in school utilization. A new mandatory public
input process is established which guarantees that parents, students,
staff and the community will have at least six months notice and an
opportunity to review and comment on proposed school closings and
significant changes in school utilization, including the phase-out,
grade reconfiguration, re-siting, and co-location of schools, before
they could become effective. This process requires the Chancellor to
develop and make public an educational impact statement that details the
impacts of the proposed school closing or significant change in school
utilization to the students, staff, building, and school community.
Following the educational impact statement, a public hearing is held in
conjunction with the affected community council and school leadership
team so that the public may present questions, comments and concerns.
All school closures or significant changes in school utilization must be
approved by the Board of Education and may not take effect until the
school year after the board vote.
At the district level, parents will be provided with increased access to
information and assistance from community district leadership. Community
superintendents are reinstated with a clear role and physical presence
within the community district. In order to provide parents with a local-
ized resource to obtain information, provide input and comments, and to
receive assistance in resolving issues related to their child's educa-
tion, superintendents must establish a central office within the
district and hire and supervise sufficient staff to develop a cooper-
ative relationship with parents and the school community. Superinten-
dents will only be assigned to tasks predominantly within their communi-
ty district. The Chancellor may not assign any tasks to superintendents
that would impair their ability to effectively deliver services required
by statute such as responding to parental comments and concerns, approv-
ing school budgets, overseeing educational instruction, providing access
to information and assisting with resolving complaints. Superintendents
will also report to parents and the community during two open forums
each year in order to review the district's achievements to prioritize
areas for improvement, and to receive comments and concerns.
In order to increase participation and representation of the diverse
educational needs and interests of the students of the city school
district, eligibility for service on the community councils is broadened
to require that each community council contain at least one parent of a
student with a disability and one parent of an English language learner
and to allow parent teacher association and parent association officers
to serve. Additionally, members of the community councils will be
consulted on the selection of the community superintendent.
Parents will have an opportunity to raise the individual educational
needs of their children directly to the Chancellor. The Chancellor is
required to hold a public meeting in each community district, over a two
year period, so that parents are provided with an opportunity to bring
comments and concerns to the Chancellor. The Chancellor will also report
on school finances, school performance, and the district's educational
goals.
City level changes focus on increasing transparency of actions taken by
the Board of Education in order to give parents and other stake-holders
greater insight into the operation of the city school district. The
Board of Education is required to hold monthly meetings with at least
ten days public notice of the time, place and agenda. The items that
require a Board of Education vote prior to implementation are signif-
icantly expanded to include school closures, significant changes in
utilization, the school district budget and capital plan, a new procure-
ment policy, and all regulations and by-laws. The Board of Education
will also be required to approve all city district and community
district contracts that are not competitively bid and contracts that
exceed $1 million. A new extensive public review process is created to
provide information and require a Board of Education response to public
comments prior to the adoption of major proposals including school clos-
ings, or significant changes in school utilization, capital plan, budg-
et, procurement policy, and all regulations.
To respond to criticisms regarding procurement matters, the Chancellor
will be required to develop a meaningful procurement policy with
provisions to increase the transparency and accountability of city
school district contracts. This includes requiring written justification
of the basis for procuring contracts without competitive sealed bidding
and for procuring technical, consultant, personal services, franchises,
concessions, and revocable consents. All contracts must be registered
with the New York City Comptroller and subject to his or her oversight.
Additionally the procurement policy must include a plan to enhance the
ability of minority and women owned business enterprises to compete for
contracts and to ensure their meaningful participation in the city
school district's procurement process.
The Chancellor will develop and the Board of Education will approve a
new policy that promotes the recruitment and retention of a workforce at
the city district, community district and school level that considers
the diversity of the students attending the public schools within the
district. Each year the Board of Education will review a report that
outlines the diversity initiatives taken and the impacts of such initi-
atives on the workforce of the school district.
In order to provide an independent analysis of student and district
educational matters, the New York City Independent Budget Office is
authorized to issue reports on issues such as student graduation and
performance, class sizes, pupil to teacher ratios, student enrollment
projections, assessment data, school utilization, the delivery of
services to English language learners and students with disabilities,
the utilization of federal funds for parental involvement, and all
matters relating to the school district's finances. The Independent
Budget Office will also be provided with additional resources and access
to school district information.
In addition, greater oversight and review of the educational operations
and programs is provided through new City Comptroller audits. The New
York City Comptroller is provided the authority to conduct programmatic
audits of the New York City school district, in addition to the authori-
ty to conduct financial audits, to the same extent as all other New York
City agencies.
The Board of Education is reconfigured so that parents constitute a
majority of the board members. The Chancellor is made an ex officio
non-voting member. The Mayor of the city of New York will continue to
appoint eight members and each borough president will continue to
appoint one member. Two of the Mayor's appointments must now be parents
of public school students and no appointed member may serve or be
employed by any other board or entity where the majority of its members
are appointed by the Mayor of the City of New York. The Board of Educa-
tion chairperson will be elected from among the voting members and all
members will be able to request that items be placed on the board's
agenda.
In order to obtain greater feedback from parents and other educational
stakeholders regarding the education of high school students and English
language learners, the city-wide council on high schools is codified and
a new city-wide council on English language learners is created. These
citywide councils are modeled after the current city-wide council on
special education and will hold monthly meetings, advise and comment on
instructional policies, and issue an annual report on the effectiveness
of programs and services for students.
JUSTIFICATION: During the 2002 and 2003 Legislative sessions, the
Legislature approved the most comprehensive governance changes to the
New York City School District in over three decades. In reviewing the
impacts of this legislation there have been successes and also areas
where concerns have been raised. This legislation seeks to address
issues of concern regarding the operation and management of the city
school district by making modifications to increase parental partic-
ipation and input, transparency, and accountability at the school level,
community district level, and city district level.
PRIOR LEGISLATIVE HISTORY: New legislation.
FISCAL IMPLICATIONS: This bill would not result in any additional costs
to the state. The New York City School District would see some addi-
tional costs for functions related to increased transparency, account-
ability, greater parental involvement, additional public meetings and
reports, and increased costs for expanded Independent Budget Office
responsibilities.
EFFECTIVE DATE: June 30, 2009, except sections thirteen, fourteen,
fifteen take effective immediately.
|
