BILL NO A06554
SAME AS No Same as
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
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.
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:
None to the State.
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.
STATE OF NEW YORK
2015-2016 Regular Sessions
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.
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.