A03944 Summary:

BILL NOA03944
 
SAME ASNo same as
 
SPONSOREnglebright
 
COSPNSRColton
 
MLTSPNSRClark, Hooper, McEneny, Perry, Rivera J
 
Add S103-a, Ed L
 
Establishes the office of ombudsman for public schools to investigate and report upon complaints of environmental, health and safety conditions in public schools; provides that such office shall operate independent of the board of regents and the education department.
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A03944 Actions:

BILL NOA03944
 
01/31/2011referred to education
01/04/2012referred to education
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A03944 Floor Votes:

There are no votes for this bill in this legislative session.
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A03944 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          3944
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 31, 2011
                                       ___________
 
        Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
          Committee on Education
 
        AN ACT to amend the education  law,  in  relation  to  establishing  the
          office of ombudsman for public schools
 
          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 section  103-a
     2  to read as follows:
     3    §  103-a.  Office  of  ombudsman  for public schools. 1. The office of
     4  ombudsman for public schools is hereby created within the department  to
     5  independently investigate complaints of environmental, health and safety
     6  violations and concerns in public schools; and to provide information to
     7  the  public  on  how  to  file such complaints and the requirements that
     8  public schools must comply with relating to  environmental,  health  and
     9  safety  issues.   Such office shall act independently of the department,
    10  and shall not be subject to the control or supervision of  the  regents,
    11  department or commissioner. The office of the ombudsman shall be subject

    12  to the control and supervision of the board thereof.
    13    2.  The  board  of the office of ombudsman for public schools shall be
    14  composed of nine members to be appointed by the regents.  The members of
    15  such board shall each serve a term of office of  five  years;  provided,
    16  however,  that  the  initial  appointees  to  the  board shall serve the
    17  following terms of office:  two members shall serve terms of  one  year;
    18  two  members  shall  serve  terms  of two years; two members shall serve
    19  terms of three years; two members shall serve terms of four  years;  and
    20  one  member  shall serve a term of five years. The members of such board
    21  shall be broadly representative of the geographic areas  of  the  state,

    22  and  shall have expressed an active interest in or obtained professional
    23  knowledge in environmental,  health  and  safety  conditions  in  public
    24  schools.  The  chair  of the board shall be designated by the board from
    25  amongst its members. Vacancies in the membership of the board  shall  be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05270-01-1

        A. 3944                             2
 
     1  filled  in the manner provided for original appointments. The members of
     2  the board shall receive no compensation for their services, but shall be

     3  allowed their actual and necessary expenses incurred in the  performance
     4  of their duties pursuant to this section.
     5    3.  The board of the office of ombudsman for public schools shall have
     6  a quorum of six members for the conduct of business.  Such  board  shall
     7  also:
     8    a.  promulgate  rules and regulations necessary to exercise the powers
     9  and duties of the office of ombudsman for public schools;
    10    b. employ and at pleasure remove an executive director and such  other
    11  personnel  as it may deem necessary for the performance of such office's
    12  functions, and fix their compensation within the amounts made  available
    13  therefor;
    14    c. hold public hearings;

    15    d.  have  all  the  powers  of a legislative committee pursuant to the
    16  legislative law;
    17    e. be entitled to  request  and  receive  and  shall  utilize  and  be
    18  provided  with  such facilities, resources and data of the department as
    19  it may reasonably request to carry out properly its powers  and  duties,
    20  and those of the office;
    21    f.  be  entitled  to  request  and  receive  and  shall utilize and be
    22  provided with such resources, data and information of the department  of
    23  health  and  the  department  of  environmental  conservation  as it may
    24  reasonably request to carry out properly it powers and duties, and those
    25  of the office;
    26    g. be entitled to  request  and  receive  and  shall  utilize  and  be

    27  provided  with  such  resources,  data  and  information  by  any school
    28  district as it may reasonably request to properly  conduct  an  investi-
    29  gation of a complaint pursuant to this section;
    30    h.  establish and operate a toll-free telephone number and an internet
    31  website at which interested persons can obtain  information  on  how  to
    32  file  a  complaint with the office and information on the environmental,
    33  health and safety requirements for public schools;
    34    i. establish and conduct a  public  information  campaign  to  provide
    35  awareness of the powers and duties of such office;
    36    j. have subpoena powers and the power to compel the sworn testimony of
    37  any witness which the executive director deems necessary in the scope of

    38  any investigation authorized by this section; and
    39    k.  receive  and  investigate  complaints from any persons relating to
    40  environmental, health and safety issues in public schools.
    41    4. The office of ombudsman for public schools shall,  not  later  than
    42  seven  days  after the receipt of a complaint, commence an investigation
    43  of such complaint. Not more than thirty days after commencing an  inves-
    44  tigation,  such  office  shall  send a preliminary written report of the
    45  initial investigation to the complainant. Upon final  completion  of  an
    46  investigation,  the  office shall send a final report of its findings to
    47  the complainant, the school district, and any local, state and/or feder-

    48  al agency having jurisdiction over the issue investigated,  and  to  the
    49  appropriate  district  attorney  or  the  attorney  general  if criminal
    50  violations are alleged to have occurred.
    51    5. Annually, on or before September first, the office of ombudsman for
    52  public schools shall submit a report to the governor,  temporary  presi-
    53  dent  of  the  senate,  speaker of the assembly and regents, which shall
    54  include the number and types of complaints received during the  previous
    55  school  year,  the  results  of  the investigations conducted during the

        A. 3944                             3
 
     1  previous school year, and recommendations for the improvement  of  envi-
     2  ronmental, health and safety conditions in public schools.

     3    §  2.  This act shall take effect on the first of July next succeeding
     4  the date on which it shall have become a law.
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