A06554 Summary:

BILL NO    A06554 

SAME AS    No same as 

SPONSOR    Perry (MS)

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
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A06554 Votes:

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

BILL NUMBER:A6554

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
replacement 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
education 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:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         6554

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                    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    S  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    S 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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