Amd SS2590-b, 2590-e, 2590-g & 2590-h, rpld S2590-h sub 33, add SS2590-t, 2590-u & 2590-v, Ed L
Relates to enhancing parental and community input into the New York City school system; enacts uniform parental engagement procedures for actions by district education councils, the chancellor and city boards; creates a borough education council.
STATE OF NEW YORK
________________________________________________________________________
7507--A
2009-2010 Regular Sessions
IN ASSEMBLY
April 14, 2009
___________
Introduced by M. of A. DINOWITZ, LANCMAN, MAISEL, MENG, BARRON -- read
once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to enhancing parental and
community input into the New York city school system; and to repeal
certain provisions of such law relating to required training for
community school board members
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 2590-b of the education law is
2 amended by adding a new paragraph g to read as follows:
3 g. The city-wide council on special education shall inform the
4 special education parent and school communities regarding, solicit input
5 into, and advise the chancellor and city board on, decisions subject to
6 the provisions of section twenty-five hundred ninety-t of this article.
7 § 2. Paragraph 3 of subdivision 7 of section 2590-e of the education
8 law, as amended by chapter 123 of the laws of 2003, is amended to read
9 as follows:
10 (3) such training and continuing education programs shall be approved
11 by the [chancellor, following consultation with the commissioner]
12 borough president with jurisdiction over the district education council,
13 and may be provided by the borough president's office, the state educa-
14 tion department, the city board, the chancellor or a nonprofit provider
15 authorized by the [chancellor] borough president to provide such train-
16 ing and continuing education programs.
17 § 3. Paragraph 3 of subdivision 7 of section 2590-e of the education
18 law, as amended by chapter 720 of the laws of 1996, is amended to read
19 as follows:
20 (3) such training and continuing education programs shall be approved
21 by the [chancellor, following consultation with the commissioner]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10766-07-9
A. 7507--A 2
1 borough president with jurisdiction over the district education council,
2 and may be provided by the borough president's office, the state educa-
3 tion department, the city board, the chancellor or a nonprofit provider
4 authorized by the [chancellor] borough president to provide such train-
5 ing and continuing education programs.
6 § 4. Subdivision 11 of section 2590-e of the education law, as added
7 by chapter 123 of the laws of 2003, is amended to read as follows:
8 11. Approve zoning lines, as submitted by the superintendent, consist-
9 ent with the regulations of the chancellor, applicable to schools under
10 the jurisdiction of the community district, consistent with the require-
11 ments of the uniform parental engagement procedure set forth in section
12 twenty-five hundred ninety-t of this article.
13 § 5. Section 2590-e of the education law is amended by adding a new
14 subdivision 20 to read as follows:
15 20. Inform the district's parental and school communities regarding,
16 solicit public input into, and advise the chancellor and city board on,
17 actions subject to the uniform parent engagement procedure set forth in
18 section twenty-five hundred ninety-t of this article.
19 § 6. The opening paragraph of section 2590-g of the education law, as
20 amended by chapter 91 of the laws of 2002, is amended to read as
21 follows:
22 The city board shall advise the chancellor on matters of policy
23 affecting the welfare of the city school district and its pupils. The
24 board shall exercise no executive power and perform no executive or
25 administrative functions. Nothing herein contained shall be construed
26 to require or authorize the day-to-day supervision or the administration
27 of the operations of any school within the city school district of the
28 city of New York. The board shall have the power and duty to perform the
29 following functions, consistent with the requirements of section twen-
30 ty-five hundred ninety-t of this article:
31 § 7. The opening paragraph of section 2590-g of the education law, as
32 added by chapter 720 of the laws of 1996, is amended to read as follows:
33 The city board shall advise the chancellor on matters of policy
34 affecting the welfare of the city school district and its pupils. Except
35 as otherwise provided by law, the board shall exercise no executive
36 power and perform no executive or administrative functions. The board
37 shall have the power and duty to perform the following functions,
38 consistent with the requirements of section twenty-five hundred ninety-t
39 of this article:
40 § 8. The opening paragraph of section 2590-h of the education law, as
41 amended by chapter 91 of the laws of 2002, is amended to read as
42 follows:
43 The office of chancellor of the city district is hereby continued.
44 Such chancellor shall serve at the pleasure of and be employed by the
45 mayor of the city of New York by contract. The length of such contract
46 shall not exceed by more than two years the term of office of the mayor
47 authorizing such contract. The chancellor shall receive a salary to be
48 fixed by the mayor within the budgetary allocation therefor. He or she
49 shall exercise all his or her powers and duties in a manner not incon-
50 sistent with the city-wide educational policies of the city board. The
51 chancellor shall have the following powers and duties as the superinten-
52 dent of schools and chief executive officer for the city district, which
53 the chancellor shall exercise to promote an equal educational opportu-
54 nity for all students in the schools of the city district, promote
55 fiscal and educational equity, increase student achievement and school
56 performance and encourage local school-based innovation, including the
A. 7507--A 3
1 power and duty to perform the following functions, consistent with the
2 requirements of section twenty-five hundred ninety-t of this article:
3 § 9. The opening paragraph of section 2590-h of the education law, as
4 amended by chapter 720 of the laws of 1996, is amended to read as
5 follows:
6 The office of chancellor of the city district is hereby continued. It
7 shall be filled by a person employed by the city board by contract for a
8 term not to exceed by more than one year the term of office of the city
9 board authorizing such contract, subject to removal for cause. The chan-
10 cellor shall receive a salary to be fixed by the city board within the
11 budgetary allocation therefor. He or she shall exercise all his or her
12 powers and duties in a manner not inconsistent with the policies of the
13 city board. The chancellor shall have the following powers and duties as
14 the superintendent of schools and chief executive officer for the city
15 district, which the chancellor shall exercise to promote an equal educa-
16 tional opportunity for all students in the schools of the city district,
17 promote fiscal and educational equity, increase student achievement and
18 school performance and encourage local school-based innovation, includ-
19 ing the power and duty to perform the following functions, consistent
20 with the requirements of section twenty-five hundred ninety-t of this
21 article:
22 § 10. Subdivision 33 of section 2590-h of the education law is
23 REPEALED.
24 § 11. The education law is amended by adding a new section 2590-t to
25 read as follows:
26 § 2590-t. Uniform parental engagement procedure. Notwithstanding any
27 other provision of this article, certain actions by the chancellor, the
28 city board, and the community district education councils, described in
29 this section, may only be effectuated after fulfilling the uniform
30 parental engagement procedure, the requirements of which are described
31 in this section.
32 1. Actions by district education councils. (a) Approval of zoning
33 district lines, pursuant to subdivision eleven of section twenty-five
34 hundred ninety-e of this article, shall be reviewed pursuant to the
35 requirements of this subdivision.
36 (b) Before a district education council effectuates any action pursu-
37 ant to paragraph (a) of this subdivision, the chancellor shall file a
38 description of the proposal or proposals, containing sufficient informa-
39 tion to enable informed consideration of the proposals, with the
40 affected community district education council.
41 (c) Each affected community district education council shall, not
42 later than forty-five days after receipt of a proposal pursuant to para-
43 graph (a) of this subdivision, (i) notify the public of the application,
44 specifically notifying all school leadership teams directly affected by
45 the proposal, and solicit public input, and (ii) either (A) conduct a
46 public hearing thereon, providing at least ten days notice of the hear-
47 ing in the City Record, or (B) submit a written waiver of the right to
48 conduct a public hearing; and (iii) issue a written resolution approving
49 or disapproving the proposal.
50 2. Actions by the chancellor. (a) The following proposed actions by
51 the chancellor shall be reviewed pursuant to a uniform parental engage-
52 ment procedure: (i) establishing a school or program within a community
53 district; (ii) discontinuing a school or program within a community
54 district; (iii) substantially expanding or reducing an existing school
55 or program within a community district; and (iv) initially utilizing a
56 community district school or facility for a new school or program.
A. 7507--A 4
1 (b) Before effectuating any action listed in paragraph (a) of this
2 subdivision, the chancellor shall file a description of the proposal,
3 containing sufficient information to enable informed consideration of
4 the proposal, with the affected community district education council. In
5 the case of actions affecting more than one district, information shall
6 be filed with all affected district education councils and also with the
7 borough education council. In the case of proposals affecting special
8 education services or facilities, the proposal shall also be referred to
9 the citywide council on special education.
10 (c) Each affected district education council, borough education coun-
11 cil, or special education council shall, not later than forty-five days
12 after receipt of a proposal pursuant to paragraph (a) of this subdivi-
13 sion, (i) notify the public of the application, specifically notifying
14 all school leadership teams directly affected by the proposal, solicit-
15 ing input thereon; and (ii) either (A) conduct a public hearing thereon,
16 providing at least ten days notice of the hearing in the City Record,
17 and prepare and submit written comments directly to the chancellor, or
18 (B) submit a written waiver of the right to conduct a public hearing and
19 to submit such written comment. If an affected council or councils
20 fails to conduct a public hearing or to provide written comment to the
21 Chancellor within forty-five days after receipt of a proposal pursuant
22 to paragraph (a) of this subdivision, such council or councils will be
23 deemed to have waived the right to conduct a public hearing and to
24 submit such written comment.
25 (d) The chancellor shall not effectuate any action pursuant to para-
26 graph (a) of this subdivision before the community input requirements of
27 paragraph (c) of this subdivision have been satisfied. When effectuating
28 any action subject to paragraph (a) of this subdivision, the chancellor
29 shall provide to the affected community district education council or
30 citywide council a written response to the community district education
31 council's comments.
32 3. Actions by the city board. (a) The following proposed actions by
33 the city board shall be reviewed pursuant to the requirements of this
34 section:
35 (i) Actions taken pursuant to subdivision one of section twenty-five
36 hundred ninety-g of this article.
37 (ii) Approval of the five-year capital plan.
38 (b) Before effectuating any action pursuant to paragraph (a) of this
39 subdivision, the chancellor shall file a description of the proposal,
40 containing sufficient information to enable informed consideration of
41 the proposal, with all borough education councils, and the citywide
42 council on special education.
43 (c) Each council shall, not later than forty-five days after receipt
44 of a proposal pursuant to paragraph (b) of this subdivision, have the
45 option to prepare and submit written comments to the city board.
46 (d) The city board shall not effectuate any action pursuant to para-
47 graph (a) of this subdivision before the community input requirements of
48 paragraph (c) of this subdivision have been satisfied. When effectuating
49 any action subject to paragraph (a) of this subdivision, the city board
50 shall issue a resolution which responds to any input received from the
51 councils.
52 § 12. The education law is amended by adding a new section 2590-u to
53 read as follows:
54 § 2590-u. Powers and duties of the borough presidents. Each borough
55 president of the city of New York shall have the power and the duty to:
A. 7507--A 5
1 1. Support the district education councils in the performance of their
2 duties.
3 2. Maintain educational policy staff and community liaisons to provide
4 technical and operational assistance to the district education councils
5 within the borough.
6 3. Require district education council members to participate in train-
7 ing and retraining in order to promote district and school performance
8 and student achievement, as a continuing condition for membership.
9 4. Publicize opportunities to serve on district education councils,
10 encourage high participation in district education council elections,
11 and recruit qualified candidates to serve in appointed district educa-
12 tion council positions.
13 5. Foster strong collaboration and communication between district
14 education councils and New York city community boards on matters of
15 common interest.
16 6. Chair the borough education council pursuant to section twenty-five
17 hundred ninety-v of this article.
18 § 13. The education law is amended by adding a new section 2590-v to
19 read as follows:
20 § 2590-v. Borough education council. 1. There shall be in each borough
21 a board to be known as the borough education council which shall consist
22 of the borough president and the city council members from such borough,
23 and the presidents of each borough's district education councils. The
24 borough president shall be the chairperson of such council, which shall
25 have the power to hold public hearings at stated intervals in the
26 borough and report to the chancellor and the city board on educational
27 programs and proposed capital projects within the borough. The borough
28 president, the council members from the borough and the presidents of
29 the district education councils in the borough shall be voting members
30 of the borough education council but a member from a district education
31 council shall vote only on issues that directly affect the community
32 district represented by such member. The borough education council shall
33 employ technical and clerical assistance within appropriations for such
34 purposes, and the borough president shall provide necessary additional
35 staff assistance.
36 2. Each borough education council shall:
37 (a) Cooperate with district education council members and city agen-
38 cies with respect to matters relating to the educational needs of the
39 borough and its residents;
40 (b) In its discretion hold or conduct public or private hearings;
41 (c) Adopt by-laws and meet at least once a month but no formal action
42 of the borough education council shall be taken except at a meeting open
43 to the public;
44 (d) Review and make recommendations with respect to proposals subject
45 to the uniform parental engagement procedure that affect more than one
46 school district;
47 (e) Give notice of all its public meetings and hearings, and make such
48 meetings and hearings available for broadcasting and cablecasting;
49 (f) Keep a public record of its activities and transactions, including
50 minutes of meetings, majority and minority reports, by-laws, and all
51 documents which the council is required by law to review; such documents
52 shall, in accordance with law, be made available to elected officials
53 upon request and for reasonable public inspection; and
54 (g) Otherwise consider the needs of the borough's schools and educa-
55 tional system.
A. 7507--A 6
1 3. A majority of the members of any borough education council entitled
2 to vote on a matter before such council shall constitute a quorum of
3 such council for action on such council.
4 4. Whenever any act is authorized to be done or any determination or
5 decision made by any borough education council, the act, determination
6 or decision of the majority of the members present entitled to vote
7 during the presence of a quorum, shall be held to be the act, determi-
8 nation or decision of such council.
9 5. Any borough education council may adopt rules permitting a member
10 to designate a representative to exercise all the power of such member
11 as a member of the borough education council. Such a representative
12 shall be considered a member of the council for the purpose of determin-
13 ing a quorum of the borough education council.
14 § 14. This act shall take effect immediately; provided however that:
15 a. the amendments to subdivision 4 of section 2590-b of the education
16 law made by section one of this act shall not affect the repeal of such
17 subdivision and shall expire and be deemed repealed therewith;
18 b. the amendments to paragraph 3 of subdivision 7 of section 2590-e of
19 the education law made by section two of this act shall be subject to
20 the expiration and reversion of such subdivision pursuant to chapter 123
21 of the laws of 2003, as amended, when upon such date the provisions of
22 section three of this act shall take effect;
23 c. the amendments to subdivision 11 of section 2590-e of the education
24 law made by section four of this act shall not affect the repeal of such
25 subdivision and shall be deemed repealed therewith;
26 d. the amendments to section 2590-e of the education law made by
27 section five of this act shall survive the expiration and reversion of
28 such section as provided in section 17 of chapter 123 of the laws of
29 2003, as amended;
30 e. the amendments to section 2590-g of the education law made by
31 section six of this act shall be subject to the expiration and reversion
32 of such section pursuant to chapter 91 of the laws of 2002, as amended,
33 when upon such date the provisions of section seven of this act shall
34 take effect; and
35 f. the amendments to section 2590-h of the education law made by
36 section eight of this act shall be subject to the expiration and rever-
37 sion of such section pursuant to chapter 91 of the laws of 2002, as
38 amended, when upon such date the provisions of section nine of this act
39 shall take effect.
