A06554 Summary:

BILL NO    A06554 

SAME AS    No Same as 

SPONSOR    Perry

COSPNSR    

MLTSPNSR   Wright

Amd SS2590-a & 2590-b, Ed L

Prohibits the discharge or dismissal of a member of the panel for educational
policy without providing such member with a thirty day notice of such discharge
or dismissal.
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A06554 Actions:

BILL NO    A06554 

03/26/2015 referred to education
01/06/2016 referred to education
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A06554 Votes:

There are no votes for this bill in this legislative session.
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A06554 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6554
 
SPONSOR: Perry (MS)
  TITLE OF BILL: An act to amend the education law, in relation to the panel for educational policy in the city of New York   PURPOSE OR GENERAL IDEA OF BILL: Establishes guidelines relating to the removal, resignation or replace- ment of an appointee on the New York City Panel on Educational Policy.   SUMMARY OF SPECIFIC PROVISIONS: Paragraphs (a) and (b) of subdivision 1 of section 2590-b of the educa- tion law, as added by chapter 91 of the laws of 2002 are amended to require a member of the panel for educational policy be provided with a 30 day notice, by the appointing authority, prior to the effective date of a discharge, dismissal or request for resignation. Said member will retain all obligations and responsibilities of the office until the effective date of discharge, dismissal or resignation.   JUSTIFICATION: The education of New York's children is vital to the success of our state. In our democracy, it is indispensable that education policy that affect the future of our children be shaped in an open process that espouses our democratic principles of checks and balances. On March 15, 2004 New York City Mayor Bloomberg and Staten Island Borough President James P. Molinaro summarily dismissed three panel members during the process of the actual voting on a critical policy issue before the panel. The members were removed because it was disclosed that they would vote against the Mayor's proposal. When the legislature transferred the authority over education policy to the mayor, the Panel for Educational Policy was put in place to provide a "small amount" of check on this new mayoral power. The summary action by the Mayor was an egregious violation of the spirit of the law, since the legislature did not intend to provide for the mayor to administer the authority in such manner. This legislation seeks to prevent the reoccurrence of actions taken on March 15, 2004: the dismissal of panel members to manipulate the outcome of a vote. This bill does not infringe on the mayor's, or any other appointing authority's right to appoint or remove panel members at their discretion and pleasure. It will however, establish an orderly process for the exercise of this power by those with appointing authority.   PRIOR LEGISLATIVE HISTORY: 2013-2014 A4695 2011-2012 A.3201 2009-2010 A.3564 2006-2008 A.5297 2005-2006 A.4058 2003-04 A11094   FISCAL IMPLICATIONS: None to the State.   EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the amendments to subdivision 1 of section 2590-b of the education law made by section two of this act shall not affect the expiration of such subdivision and shall be deemed to expire therewith.
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A06554 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6554
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 26, 2015
                                       ___________
 
        Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. WRIGHT --
          read once and referred to the Committee on Education
 
        AN  ACT  to amend the education law, in relation to the panel for educa-
          tional policy in the city of New York
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  3 of section 2590-a of the education law, as
     2  added by chapter 330 of the laws of 1969, is amended to read as follows:
     3    3. City board. The term "city board" shall mean the [board  of  educa-
     4  tion of the city district] panel for educational policy.
     5    §  2. Subdivision 1 of section 2590-b of the education law, as amended
     6  by chapter 345 of the laws of 2009, is amended to read as follows:
     7    1. (a) The board of education of the city school district of the  city
     8  of  New  York  is  hereby continued as the panel for educational policy.
     9  Such [board of education] panel for educational policy shall consist  of
    10  thirteen  appointed  members: one member to be appointed by each borough
    11  president of the city of New York; and eight members to be appointed  by
    12  the  mayor  of  the  city  of New York. The chancellor shall serve as an
    13  ex-officio non-voting member of the [city board] panel  for  educational
    14  policy.    The [city board] panel for educational policy shall elect its
    15  own chairperson from among its voting members.  All  thirteen  appointed
    16  members  shall  serve at the pleasure of the appointing authority [and].
    17  A member shall be provided with a notice of discharge,  dismissal  or  a
    18  request  for resignation of such member, not less than thirty days prior
    19  to the effective date of such action. Notwithstanding such notice,  such
    20  member  shall retain all rights, duties and obligations of membership on
    21  such board until such effective date. No member shall [not] be  employed
    22  in  any  capacity  by the city of New York, or a subdivision thereof, or
    23  the [city board] panel for educational policy.  No appointed  member  of
    24  the  [city  board]  panel for educational policy shall also be a member,
    25  officer, or employee of any public corporation, authority, or commission
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03287-01-5

        A. 6554                             2
 
     1  where the mayor of the city of New York has a majority of  the  appoint-
     2  ments.  Each  borough  president's  appointee shall be a resident of the
     3  borough for which the  borough  president  appointing  him  or  her  was
     4  elected  and  shall  be  the parent of a child attending a public school
     5  within the city school district of the city of New York.   Each  mayoral
     6  appointee  shall be a resident of the city and two shall be parents of a
     7  child attending a public school within the city district.    All  parent
     8  members shall be eligible to continue to serve on the [city board] panel
     9  for  educational  policy for two years following the conclusion of their
    10  child's attendance at a public school  within  the  city  district.  Any
    11  vacancy  shall  be  filled  by appointment by the appropriate appointing
    12  authority within  ninety  days  of  such  vacancy.  Notwithstanding  any
    13  provision of local law, the members of the [board] panel for educational
    14  policy  shall  not  have staff, offices, or vehicles assigned to them or
    15  receive compensation for their services, but shall be reimbursed for the
    16  actual and necessary expenses incurred by them  in  the  performance  of
    17  their duties.
    18    (b)  The [city board] panel for educational policy shall hold at least
    19  one regular public meeting per month. At least one regular public  meet-
    20  ing  shall be held in each borough of the city of New York per year; any
    21  additional meetings may be called at the request of the chairperson. The
    22  [city board] panel for educational  policy  shall  consider  appropriate
    23  public  accommodations  when selecting a venue so as to maximize partic-
    24  ipation by parents and the community.
    25    (c) (i) Notice of the time, place and  agenda  for  all  [city  board]
    26  panel  for  educational policy regular public meetings shall be publicly
    27  provided, including via the city board's official internet web site, and
    28  specifically circulated  to  all  community  superintendents,  community
    29  district  education councils, community boards, and school based manage-
    30  ment teams, at least ten business days in advance of such meeting.
    31    (ii) A [city board] panel for educational policy regular public  meet-
    32  ing  agenda  shall  be  comprised of a list and brief description of the
    33  subject matter being considered, identification of all items subject  to
    34  a  [city board] panel for educational policy vote, and the name, office,
    35  address, email address and telephone number of a city district represen-
    36  tative, knowledgeable on the agenda, from whom any  information  may  be
    37  obtained  and to whom written comments may be submitted concerning items
    38  on such agenda.
    39    (d) The chairperson of the [city board] panel for  educational  policy
    40  shall  ensure that at every regular public meeting there is a sufficient
    41  period of time to allow for public comment on any topic  on  the  agenda
    42  prior to any [city board] panel for educational policy vote.
    43    (e)  Minutes  of all [city board] panel for educational policy regular
    44  public meetings shall be made  publicly  available,  including  via  the
    45  [city board's] panel's official internet website, in a timely manner but
    46  no  later than the subsequent regular [city board] panel for educational
    47  policy meeting.
    48    § 3. This act shall take effect immediately; provided however that the
    49  amendments to subdivision 1 of section 2590-b of the education law  made
    50  by  section  two  of  this  act  shall not affect the expiration of such
    51  subdivision and shall be deemed to expire therewith.
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