A01477 Summary:

BILL NO    A01477 

SAME AS    No same as 

SPONSOR    Clark (MS)

COSPNSR    

MLTSPNSR   Brennan, Cook

Add Art 76 SS3750 - 3756, Ed L

Establishes an independent citizens education finance review committee within
the education department to monitor and report on the provision of and state
assistance provided to public education in this state, so as to ensure that a
quality education is provided to all students in the state.
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A01477 Actions:

BILL NO    A01477 

01/09/2013 referred to education
01/08/2014 referred to education
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A01477 Votes:

There are no votes for this bill in this legislative session.
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A01477 Memo:

BILL NUMBER:A1477

TITLE  OF  BILL:    An  act to amend the education law, in relation to
establishing a citizens education finance review committee  to  ensure
that  equity  in the provision of state assistance to school districts
is achieved

PURPOSE OR GENERAL IDEA OF BILL:

This bill would add a new article  to  the  Education  Law,  entitled,
"Citizens  Education Finance Review Act". The purpose of the law would
be  to  establish  a  monitoring  system,  which  would   follow   the
enforcement   and  enhancement  of  the  delivery  of  quality  public
education to all students in the state, as  prescribed  by  law.  They
will  also  be  responsible  for  the  evaluation of new education aid
formulas and ensuring that those formulas meet criteria set  forth  by
law and conditions of equity and adequacy. The committee would also be
charged  with the responsibility of providing reports to the public on
education aid spending by the state, for socially responsible  actions
and/or  reactions.  The overall purpose of this law would be to ensure
that education aid monitoring would emerge as  a  credible  source  of
information  that will facilitate access and promote smooth transition
from damaged educational environments to efficiently managed education
programs in all districts in the state.

SUMMARY OF SPECIFIC PROVISIONS:

The summary of provisions of this law are as follows:    Bill  Section
One:

Section 3750 creates a new Article 76 to the Education Law by creating
the "Citizens Education Review Act"

Section  3751 defines the terms "Committee", "Regional Committee", and
"Committee Staff."

Section  3752  establishes  the  Citizens  Education  Finance   Review
Committee  in  the  Department of Education as an independent citizens
committee of nine members, to be appointed as follows:

(a) Three members appointed by the Regents;

(b) Two members appointed by the NYS Comptroller;

(c) One member appointed by the Temporary President of the Senate;

(d) One member appointed by the Speaker of the Assembly;

(e) One member appointed by the Minority Leader of the Senate, and

(f) One member appointed by the Minority Leader of the Assembly.  This
section  further  directs  who  shall  be  appointed  to  serve on the
committee, who the officers of the committee are, the terms of service
of each member; the resources and use of resources  available  to  the
committee for the gathering of information; the hiring of employees to
run  the  committee  and the appointment of an Executive Director; and
the resources to be made available for the committee to carry out  its


functions.  The  committee  shall serve without remuneration.  Section
3753 of the bill outlines the powers and duties of the Committee.

Section  3754  creates  Regional  Advisory Committees in each Judicial
District of the Unified Court System  and  describes  its  powers  and
duties.

Section 3755 directs that reports of the Committee's findings shall be
issued to the Regents, Governor, New York State Comptroller, Temporary
President  of  the Senate, Speaker of the Assembly, Minority Leader of
the Senate and Minority Leader of the Assembly on a quarterly basis.

Section 3756 authorizes the Committee to operate by using  money  that
is  appropriated,  credited or transferred and also stipulates that it
may accept donations and contributions from any source.

Bill section  two  allocates  the  sum  of  $1,000,000  to  the  State
Education Department for start-up funding.

Bill section three provides the effective date.

JUSTIFICATION:

In recognition that the cost of education in New York State is not the
same  in  every school district, nor is it the same for every pupil in
every school district, new formulas must be developed to ensure  equal
distribution of resources. In addition the relatively harsh conditions
the  majority  of  the high need/high minority students must endure in
order to attend school are totally unacceptable in a state and  nation
such  as  ours.  We must make sure that under new or existing formulas
for the distribution of education aid, the resources are channeled  in
amounts that meet the needs of EVERY school district. In addition, the
public  has  a right to know how their tax dollars are being allocated
and spent for educational purposes. The  creation  of  this  committee
would   help  ensure  that  the  public  is  more  aware  of  how  the
distribution of education aid is  established  and  allocated  by  the
state.

PRIOR LEGISLATIVE HISTORY:

1/09/02 - A.7798 referred to Assembly Education Committee
1/07/04 - A.6405 referred to Assembly Education Committee
1/04/06 - A.1890 referred to Assembly Education Committee
1/03/07 - referred to Assembly Education Committee
1/09/08 - referred to Assembly Education Committee
1/27/09 - A.3437, referred to Assembly Education Committee
1/6/10 - A.3437, referred to Assembly Education Committee
01/18/11- A.2295 referred to education
01/04/12 -A.2295 referred to education

FISCAL IMPLICATIONS:

An allocation of $1 million in start-up funds.

EFFECTIVE DATE:

This act shall take effect immediately.

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A01477 Text:

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

                                         1477

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced  by M. of A. CLARK -- Multi-Sponsored by -- M. of A. BRENNAN,
         COOK -- read once and referred to the Committee on Education

       AN ACT to amend the education law, in relation to establishing  a  citi-
         zens  education  finance review committee to ensure that equity in the
         provision of state assistance to school districts is achieved

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1. The education law is amended by adding a new article 76 to
    2  read as follows:
    3                                 ARTICLE 76
    4                      CITIZENS EDUCATION FINANCE REVIEW
    5                                  COMMITTEE
    6  SECTION 3750. SHORT TITLE.
    7          3751. DEFINITIONS.
    8          3752. CITIZENS EDUCATION FINANCE REVIEW COMMITTEE.
    9          3753. POWERS AND DUTIES.
   10          3754. REGIONAL ADVISORY COMMITTEES.
   11          3755. REPORTS.
   12          3756. FUNDING.
   13    S 3750. SHORT TITLE.  THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED  AS
   14  THE "CITIZENS EDUCATION FINANCE REVIEW ACT".
   15    S  3751.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
   16  SHALL MEAN:
   17    1. "COMMITTEE"  SHALL  MEAN  THE  CITIZENS  EDUCATION  FINANCE  REVIEW
   18  COMMITTEE.
   19    2. "REGIONAL COMMITTEE" SHALL MEAN A REGIONAL ADVISORY COMMITTEE.
   20    3. "COMMITTEE STAFF" SHALL MEAN THE OFFICERS AND EMPLOYEES EMPLOYED BY
   21  THE COMMITTEE.
   22    S 3752. CITIZENS EDUCATION FINANCE REVIEW COMMITTEE. 1. THERE IS HERE-
   23  BY  ESTABLISHED  IN  THE  DEPARTMENT  AN  INDEPENDENT CITIZENS EDUCATION

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05797-01-3
       A. 1477                             2

    1  FINANCE REVIEW COMMITTEE. THE COMMITTEE SHALL CONSIST OF NINE MEMBERS TO
    2  BE APPOINTED AS FOLLOWS:
    3    (A) THREE MEMBERS SHALL BE APPOINTED BY THE REGENTS;
    4    (B) TWO MEMBERS SHALL BE APPOINTED BY THE STATE COMPTROLLER;
    5    (C)  ONE  MEMBER  SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE
    6  SENATE;
    7    (D) ONE MEMBER SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY;
    8    (E) ONE MEMBER SHALL BE  APPOINTED  BY  THE  MINORITY  LEADER  OF  THE
    9  SENATE; AND
   10    (F) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEM-
   11  BLY.
   12    2. ALL PERSONS APPOINTED TO THE COMMITTEE SHALL HAVE EXTENSIVE EXPERI-
   13  ENCE IN THE FIELDS OF FINANCE, ACCOUNTING AND EDUCATION POLICY ANALYSIS,
   14  AND  SHALL  BE  BROADLY  REPRESENTATIVE  OF  THE GEOGRAPHIC AREAS OF THE
   15  STATE.
   16    3. THE COMMITTEE SHALL ELECT FROM AMONG ITS MEMBERS A PRESIDENT,  VICE
   17  PRESIDENT,  ASSOCIATE  VICE  PRESIDENT,  TREASURER  AND  SECRETARY.  THE
   18  MEMBERS OF  THE  COMMITTEE  SHALL  RECEIVE  NO  COMPENSATION  FOR  THEIR
   19  SERVICES,  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL AND NECESSARY EXPENSES
   20  INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT  TO  THIS  ARTICLE.
   21  THE  COMMITTEE  SHALL  INITIALLY MEET WITHIN SIXTY DAYS OF THE EFFECTIVE
   22  DATE OF THIS ARTICLE AND SHALL THEREAFTER MEET AT THE CALL OF THE PRESI-
   23  DENT OF THE COMMITTEES OR AT THE REQUEST OF THE REGENTS.
   24    4. OF THE MEMBERS INITIALLY APPOINTED TO  THE  COMMITTEE:  ONE  MEMBER
   25  APPOINTED  BY  THE  REGENTS  AND  ONE APPOINTED BY THE STATE COMPTROLLER
   26  SHALL SERVE A TERM OF ONE YEAR; ONE MEMBER APPOINTED  BY  THE  TEMPORARY
   27  PRESIDENT  OF THE SENATE AND THE MEMBER APPOINTED BY THE MINORITY LEADER
   28  OF THE SENATE SHALL SERVE FOR TERMS OF TWO YEARS; ONE  MEMBER  APPOINTED
   29  BY  THE  STATE  COMPTROLLER, ONE MEMBER APPOINTED BY THE REGENTS AND ONE
   30  MEMBER APPOINTED BY THE MINORITY LEADER  OF  THE  ASSEMBLY  SHALL  SERVE
   31  TERMS  OF  THREE  YEARS;  AND THE REMAINING MEMBERS SHALL SERVE TERMS OF
   32  FOUR YEARS. THEREAFTER, ALL MEMBERS SHALL SERVE TERMS OF FOUR YEARS. ALL
   33  VACANCIES ON THE COMMITTEE SHALL BE FILLED IN THE  SAME  MANNER  AS  THE
   34  ORIGINAL  APPOINTMENT.  ALL MEMBERS APPOINTED TO FILL A VACANCY PRIOR TO
   35  THE EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE UNEXPIRED  PORTION  OF
   36  SUCH TERM.
   37    5.  TO THE MAXIMUM EXTENT FEASIBLE, THE COMMITTEE SHALL BE ENTITLED TO
   38  REQUEST AND RECEIVE AND SHALL UTILIZE AND BE PROVIDED WITH SUCH  FACILI-
   39  TIES,  RESOURCES  AND  DATA  OF  ANY COURT, DEPARTMENT, DIVISION, BOARD,
   40  BUREAU, COMMISSION OR AGENCY OF THE STATE OR ANY  POLITICAL  SUBDIVISION
   41  THEREOF, SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES AS
   42  IT MAY REQUEST TO CARRY OUT ITS POWERS AND DUTIES PURSUANT TO THIS ARTI-
   43  CLE.
   44    6. THE COMMITTEE SHALL EMPLOY AND AT PLEASURE REMOVE SUCH OFFICERS AND
   45  EMPLOYEES  AS  IT  SHALL DEEM NECESSARY FOR THE PERFORMANCE OF ITS FUNC-
   46  TIONS AND FIX THEIR COMPENSATION WITH THE AMOUNTS MADE AVAILABLE  THERE-
   47  FOR.  THE COMMITTEE SHALL APPOINT AN EXECUTIVE DIRECTOR TO SUPERVISE THE
   48  COMMITTEE STAFF.
   49    7. THE DEPARTMENT SHALL PROVIDE  SUITABLE  FACILITIES,  EQUIPMENT  AND
   50  SUPPLIES  TO  THE  COMMITTEE  AND  COMMITTEE STAFF TO ENABLE THEM TO ACT
   51  PURSUANT TO THIS ARTICLE.
   52    S 3753. POWERS AND DUTIES. THE  COMMITTEE  AND  THE  COMMITTEE  STAFF,
   53  ACTING  ON  BEHALF  OF  THE  COMMITTEE, SHALL HAVE THE POWER AND DUTY TO
   54  ESTABLISH A MONITORING SYSTEM TO OVERSEE THE ENFORCEMENT AND ENHANCEMENT
   55  OF THE DELIVERY OF QUALITY PUBLIC EDUCATION TO ALL STUDENTS PURSUANT  TO
   56  THIS CHAPTER. IN ADDITION, THE COMMITTEE AND COMMITTEE STAFF SHALL ANNU-
       A. 1477                             3

    1  ALLY  EVALUATE  THE  FORMULAS  AND  EXPENDITURES FOR STATE ASSISTANCE TO
    2  SCHOOL DISTRICTS PURSUANT TO THIS TITLE TO DETERMINE WHETHER SUCH FORMU-
    3  LAS AND EXPENDITURES PROVIDE SUFFICIENT SUPPORT TO PUBLIC  EDUCATION  AS
    4  REQUIRED BY LAW.
    5    S  3754. REGIONAL ADVISORY COMMITTEES. THE COMMITTEE SHALL ESTABLISH A
    6  REGIONAL ADVISORY COMMITTEE IN EACH JUDICIAL  DISTRICT  OF  THE  UNIFIED
    7  COURT  SYSTEM.  EACH  REGIONAL  COMMITTEE SHALL HAVE THE SAME POWERS AND
    8  DUTIES AS THE COMMITTEE HAS PURSUANT  TO  SECTION  THIRTY-SEVEN  HUNDRED
    9  FIFTY-THREE  OF  THIS ARTICLE WITH REGARD TO THE SCHOOL DISTRICTS WITHIN
   10  THE REGIONAL COMMITTEE'S JUDICIAL DISTRICT, AND SHALL ISSUE A REPORT  OF
   11  ITS FINDINGS AND RECOMMENDATIONS THEREON, TO THE COMMITTEE ON A QUARTER-
   12  LY  BASIS  AND  AT  SUCH TIMES AS MAY BE REQUESTED BY THE COMMITTEE. THE
   13  MEMBERS OF THE REGIONAL ADVISORY COMMITTEES SHALL HAVE THE  SAME  QUALI-
   14  FICATIONS  AS  REQUIRED OF COMMITTEE MEMBERS PURSUANT TO SUBDIVISION TWO
   15  OF SECTION THIRTY-SEVEN HUNDRED FIFTY-TWO OF THIS ARTICLE.
   16    S 3755. REPORTS. THE COMMITTEE SHALL ISSUE A REPORT  OF  ITS  FINDINGS
   17  AND RECOMMENDATIONS PURSUANT TO THIS ARTICLE ON A QUARTERLY BASIS TO THE
   18  REGENTS, STATE COMPTROLLER, GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE,
   19  SPEAKER  OF  THE  ASSEMBLY,  MINORITY  LEADER OF THE SENATE AND MINORITY
   20  LEADER OF THE ASSEMBLY.
   21    S 3756. FUNDING. THE COMMITTEE SHALL BE AUTHORIZED TO OPERATE  TO  THE
   22  EXTENT   MONEYS  ARE  APPROPRIATED,  CREDITED  OR  TRANSFERRED  THERETO.
   23  PROVIDED THAT THE COMMITTEE MAY ACCEPT DONATIONS AND CONTRIBUTIONS  FROM
   24  ANY SOURCE.
   25    S 2. This act shall take effect immediately.
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