Amd §2590-h, Ed L; amd §34, Chap 91 of 2002; amd §17, Chap 345 of 2009
Relates to the powers and duties of the chancellor of education in the city of New York; relates to the reorganization of the New York city school construction authority, board of education and community boards.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2439
SPONSOR: Colton TITLE OF BILL:
An act to amend the education law, in relation to the powers and duties
of the chancellor of education in the city of New York; to amend chapter
91 of the laws of 2002 amending the education law and other laws relat-
ing to the reorganization of the New York city school construction
authority, board of education and community boards, in relation to the
expiration and repeal date of certain provisions thereof; and to amend
chapter 345 of the laws of 2009 amending the education law and other
laws relating to the reorganization of the New York city board of educa-
tion, chancellor, community councils and community superintendents, in
relation to extending the expiration and repeal date of certain
provisions thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the education law, in relation to the powers and
duties of the chancellor of education in the city of New York; to amend
chapter 91 of the laws of 2002 amending the education law and other laws
relating to the reorganization of the New York city school construction
authority, board of education and community boards, in relation to the
06/01/15 2 11421-01-5 expiration and repeal date of certain provisions
thereof; and to amend chapter 345 of the laws of 2009 amending the
education law and other laws relating to the reorganization of the New
York city board of education, chancellor, community councils and commu-
nity superintendents, in relation to extending the expiration and repeal
date of certain provisions thereof.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The opening paragraph of section 2590-h of the education law,
as amended by chapter 345 of the laws of 2009, is amended to read as
follows:
The office of chancellor of the city district is hereby continued. Such
chancellor shall serve at the pleasure of and be employed by the mayor
of the city of New York by contract, with the advice and consent of the
New York city council. The length of such contract shall not exceed by
more than two years the teen of office of the mayor authorizing such
contract. The chancellor shall receive a salary to be fixed by the mayor
within the budgetary allocation therefor. He or she shall exercise all
his or her powers and duties in a manner not inconsistent with the city-
wide educational policies of the city board. The chancellor shall have
the following powers and duties as the superintendent of schools and
chief executive officer for the city district, which the chancellor
shall exercise to promote an equal educational opportunity for all
students in the schools of the city district, promote fiscal and educa-
tional equity, increase student achievement and school performance and
encourage local school-based innovation, including the power and duty
to:
§ 2. Section 34 of chapter 91 of the laws of 2002 amending the education
law and other laws relating to the reorganization of the New York city
school construction authority, board of education and community boards,
as amended by chapter 345 of the laws of 2009, is amended to read as
follows:
§ 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, 2021; provided,
further, that notwithstanding any provision of article 5 of the general
construction law, on June 30,2021 the provisions of subdivisions 3, 5,
and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d,
and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of
the education law as repealed by section three of this act, subdivision
1 of section 2590-b of the education law as repealed by section six of
this act, paragraph (a) of subdivision 2 of section 2590-b of the educa-
tion law as repealed by section seven of this act, section 2590-c of the
education law as repealed by section eight of this act, paragraph c of
subdivision 2 of section 2590-d of the education law as repealed by
section twenty-six of this act, subdivision 1 of section 2590-e of the
education law as repealed by section twenty-seven of this act, subdivi-
sion 28 of section 2590-h of the education law as repealed by section
twenty-eight of this act, subdivision 30 of section 2590-h of the educa-
tion law as repealed by section twenty-nine of this act, subdivision 30a
of section 2590-h of the education law as repealed by section thirty of
this act shall be revived and be read as such provisions existed in law
on the date immediately preceding the effective date of this act;
provided, however, that sections seven and eight of this act shall take
effect on November 30, 2003; provided further that the amendments to
subdivision 25 of section 2554 of the education law made by section two
of this act shall be subject to the expiration and reversion of such
subdivision pursuant to section 12 of chapter 147 of the laws of 2001,
as amended, when upon such date the provisions of section four cf this
act shall take effect.
§ 3. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
amending the education law and other laws relating to the reorganization
of the New York City Board of Education, chancellor, community councils
and community superintendents is amended to read as follows: 12. any
provision in sections one, two, three, four, five, six, seven, eight,
nine, ten and eleven of this act not otherwise set to expire pursuant to
section 34 of chapter 91 of the laws of 2002, as amended, or section 17
of chapter 123 of the laws of 2003, as amended, shall expire and be
deemed repealed in the same manner and upon the same date as the expira-
tions and repeals provided for in such section of chapter 91 of the laws
of 2002.
JUSTIFICATION:
At this time, a chancellor of the New York City school system is
appointed and serves at the sole pleasure and discretion of the New York
City Mayor. The autocratic policy of "mayoral control" would be elimi-
nated if this legislation were enacted. A mayor would be required by law
to seek the "advice and consent" of the New York City Council when
choosing future chancellors. This more democratic approach would ensure
that there is meaningful community involvement in decisions regarding
the appointment of a chancellor.
The Chancellor of the New York City Department of Education oversees the
largest system of public schools in the United States, serving over
1,600 schools with 1.1 million students, 136,000 employees, and a
$21-billion operating budget. The New York City Council is the law-mak-
ing body of the City of New York, comprised of 51 members from 51
different Council Districts throughout the five boroughs. The Council
monitors the operation and performance of City agencies, makes land use
decisions and has sole responsibility for approving the City's budget.
Participating in the selection of a chancellor is in keeping with the
oversight that the Council exercises over other City agencies. The Coun-
cil is an equal partner with the Mayor in the governing of New York
City, except in the area of education. This legislation acknowledges
this fact and provides a fair solution that involves the people and
communities of all five boroughs.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
amendments to the opening paragraph of section 2590-h of the education
law made by section one of this act shall not affect the expiration of
such paragraph and such section and shall be deemed to expire therewith.
STATE OF NEW YORK
________________________________________________________________________
2439
2023-2024 Regular Sessions
IN ASSEMBLY
January 26, 2023
___________
Introduced by M. of A. COLTON -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to the powers and duties
of the chancellor of education in the city of New York; to amend chap-
ter 91 of the laws of 2002 amending the education law and other laws
relating to the reorganization of the New York city school
construction authority, board of education and community boards, in
relation to the expiration and repeal date of certain provisions ther-
eof; and to amend chapter 345 of the laws of 2009 amending the educa-
tion law and other laws relating to the reorganization of the New York
city board of education, chancellor, community councils and community
superintendents, in relation to extending the expiration and repeal
date of certain provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of section 2590-h of the education
2 law, as amended by section 43-d of part YYY of chapter 59 of the laws of
3 2019, is amended to read as follows:
4 The office of chancellor of the city district is hereby continued.
5 Such chancellor shall serve at the pleasure of and be employed by the
6 mayor of the city of New York by contract, with the advice and consent
7 of the New York city council. The chancellor shall meet the require-
8 ments of subdivision one of section three thousand three of this chap-
9 ter, provided that a person who has been issued a certificate as super-
10 intendent of schools pursuant to subdivision three of such section may
11 serve as chancellor on the basis of such certificate for no longer than
12 six months. The length of such contract shall not exceed by more than
13 two years the term of office of the mayor authorizing such contract. The
14 chancellor shall receive a salary to be fixed by the mayor within the
15 budgetary allocation therefor. He or she shall exercise all his or her
16 powers and duties in a manner not inconsistent with the city-wide educa-
17 tional policies of the city board. The chancellor shall have the follow-
18 ing powers and duties as the superintendent of schools and chief execu-
19 tive officer for the city district, which the chancellor shall exercise
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00908-01-3
A. 2439 2
1 to promote an equal educational opportunity for all students in the
2 schools of the city district, promote fiscal and educational equity,
3 increase student achievement and school performance and encourage local
4 school-based innovation, including the power and duty to:
5 § 2. Section 34 of chapter 91 of the laws of 2002 amending the educa-
6 tion law and other laws relating to the reorganization of the New York
7 city school construction authority, board of education and community
8 boards, as amended by chapter 364 of the laws of 2022, is amended to
9 read as follows:
10 § 34. This act shall take effect July 1, 2002; provided, that sections
11 one through twenty, twenty-four, and twenty-six through thirty of this
12 act shall expire and be deemed repealed June 30, [2024] 2029 provided,
13 further, that notwithstanding any provision of article 5 of the general
14 construction law, on June 30, [2024] 2029 the provisions of subdivisions
15 3, 5, and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
16 b, d, and e of subdivision 15, and subdivisions 17 and 21 of section
17 2554 of the education law as repealed by section three of this act,
18 subdivision 1 of section 2590-b of the education law as repealed by
19 section six of this act, paragraph (a) of subdivision 2 of section
20 2590-b of the education law as repealed by section seven of this act,
21 section 2590-c of the education law as repealed by section eight of this
22 act, paragraph c of subdivision 2 of section 2590-d of the education law
23 as repealed by section twenty-six of this act, subdivision 1 of section
24 2590-e of the education law as repealed by section twenty-seven of this
25 act, subdivision 28 of section 2590-h of the education law as repealed
26 by section twenty-eight of this act, subdivision 30 of section 2590-h of
27 the education law as repealed by section twenty-nine of this act, subdi-
28 vision 30-a of section 2590-h of the education law as repealed by
29 section thirty of this act shall be revived and be read as such
30 provisions existed in law on the date immediately preceding the effec-
31 tive date of this act; provided, however, that sections seven and eight
32 of this act shall take effect on November 30, 2003; provided further
33 that the amendments to subdivision 25 of section 2554 of the education
34 law made by section two of this act shall be subject to the expiration
35 and reversion of such subdivision pursuant to section 12 of chapter 147
36 of the laws of 2001, as amended, when upon such date the provisions of
37 section four of this act shall take effect.
38 § 3. Subdivision 12 of section 17 of chapter 345 of the laws of 2009
39 amending the education law and other laws relating to the reorganization
40 of the New York city board of education, chancellor, community councils
41 and community superintendents, as amended by chapter 364 of the laws of
42 2022, is amended to read as follows:
43 12. any provision in sections one, two, three, four, five, six, seven,
44 eight, nine, ten and eleven of this act not otherwise set to expire
45 pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
46 section 17 of chapter 123 of the laws of 2003, as amended, shall expire
47 and be deemed repealed [June 30, 2024] in the same manner and upon the
48 same date as the expirations and repeals provided for in such section of
49 chapter 91 of the laws of 2002.
50 § 4. This act shall take effect immediately, provided, however, that
51 the amendments to the opening paragraph of section 2590-h of the educa-
52 tion law made by section one of this act shall not affect the expiration
53 of such paragraph and such section and shall be deemed to expire there-
54 with.
