STATE OF NEW YORK
________________________________________________________________________
2418
2017-2018 Regular Sessions
IN ASSEMBLY
January 20, 2017
___________
Introduced by M. of A. RA, LUPINACCI -- Multi-Sponsored by -- M. of A.
LOPEZ -- read once and referred to the Committee on Education
AN ACT to amend the education law and the public officers law, in
relation to the board of regents of the university of the state of New
York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 2 of section 202 of the education law,
2 subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
3 sion 2 as amended by chapter 296 of the laws of 1984 and designated by
4 chapter 892 of the laws of 1985, are amended to read as follows:
5 1. The University of the State of New York shall be governed and all
6 its corporate powers exercised by a board of regents the number of whose
7 members shall at all times be four more than the number of the then
8 existing judicial districts of the state and shall not be less than
9 fifteen. [The regents in office April first, nineteen hundred seventy-
10 four shall hold office, in the order of their election, for such times
11 that the term of one such regent will expire in each year on the first
12 day of April.] Commencing April first, nineteen hundred seventy-four,
13 each regent shall be elected for a term of seven years, each such term
14 to expire on the first day of April. Commencing on April first, nineteen
15 hundred ninety-four, each regent shall be elected for a term of five
16 years, each such term to expire on the first day of April. Regents in
17 office March thirty-first, two thousand seventeen, whose terms expire on
18 April first, two thousand seventeen, shall hold office until their terms
19 are filled as provided in this subdivision. Commencing April first, two
20 thousand seventeen, each regent shall be elected to a term of five
21 years, each such term to expire on the last day of June. Each regent
22 shall be elected by the legislature by concurrent resolution [in the
23 preceding March, on or before the first Tuesday of such month. If,
24 however, the legislature fails to agree on such concurrent resolution by
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06727-01-7
A. 2418 2
1 the first Tuesday of such month, then the two houses shall meet in joint
2 session at noon on the second Tuesday of such month and proceed to elect
3 such regent by joint ballot] on the third Tuesday in May, provided,
4 however, that such election shall be held on the second Tuesday in May
5 if the speaker of the assembly and the temporary president of the senate
6 certify no later than March first that such election would conflict with
7 religious observances. Such election shall be from a list of three
8 names submitted by the commission on regent nomination not less than
9 thirty days prior to the date chosen for the election. The standing
10 committees on education and higher education of the senate and assembly
11 shall conduct public hearings on the nominees submitted by the commis-
12 sion at which nominees shall have the opportunity to be heard, and shall
13 forward to the full membership of each house one name for each seat for
14 which nominees were submitted. When the term of the regent serving as
15 chancellor shall expire and such regent is nominated for another term,
16 the education and higher education committees shall consider such nomi-
17 nee's record of service as chancellor as well as his service as a
18 regent.
19 2. All vacancies in such office, either for full or unexpired terms,
20 shall be so filled that there shall always be in the membership of the
21 board of regents at least one resident of each of the judicial
22 districts. A vacancy in the office of regent for other cause than expi-
23 ration of term of service shall be filled for the unexpired term by an
24 election at the session of the legislature immediately following such
25 vacancy in the manner prescribed in the preceding paragraph, unless the
26 legislature is in session when such vacancy occurs, in which case the
27 vacancy shall be filled by such legislature in the manner prescribed in
28 the preceding paragraph, except as hereinafter provided. However, [if
29 such vacancy occurs after the second Tuesday in March and before a
30 resolution to adjourn sine die has been adopted by either house, then
31 the vacancy shall be filled by concurrent resolution, unless the legis-
32 lature fails to agree on such concurrent resolution within three legis-
33 lative days after its passage by one house, in which case the two houses
34 shall meet in joint session at noon on the next legislative day and
35 proceed to elect such regent by joint ballots; provided, however, that]
36 if the vacancy occur after the adoption by either house of a resolution
37 to adjourn sine die, then the vacancy shall be filled at the next
38 session of the legislature in the manner prescribed in the preceding
39 paragraph.
40 § 2. Section 203 of the education law is amended to read as follows:
41 § 203. Officers. The [elective officers of the university shall be a
42 chancellor and a vice-chancellor who shall serve without salary, and
43 such other officers as are deemed necessary by the regents, all of whom]
44 university shall be presided over by a chancellor and a vice-chancellor
45 who shall be designated from among the members of the board of regents
46 by the governor with the advice and consent of the senate. They shall
47 serve without salary. Additionally, such other officers as are deemed
48 necessary by the regents shall be chosen by ballot by the regents and
49 shall hold office during their pleasure; but no election, removal or
50 change of salary of an elective officer shall be made by [less than six
51 votes] a vote of less than a majority of the members of the board of
52 regents in favor thereof. Each regent and each elective officer shall,
53 before entering on his duties, take and file with the secretary of state
54 the oath of office required of state officers.
55 The chancellor shall preside at all convocations and at all meetings
56 of the regents, and confer all degrees which they shall authorize. In
A. 2418 3
1 his absence or inability to act, the vice-chancellor, or if he be also
2 absent, the senior regent present, shall perform all the duties and have
3 all the powers of the chancellor.
4 § 3. Section 204 of the education law, as amended by chapter 317 of
5 the laws of 2016, is amended to read as follows:
6 § 204. Meetings and absences. [1. (a)] The regents may provide for
7 regular meetings [of the board of regents and any committee, subcommit-
8 tee, task force, or other subgroups thereof. Notice of time and place
9 for all regular public meetings of the board of regents and any commit-
10 tee, subcommittee, task force, or other subgroups thereof shall be
11 publicly provided at least seven days in advance of such meeting. Such
12 notice of time, place and agenda shall be distributed via the board's
13 official internet website and specifically distributed by United States
14 postal service to all regents at their usual addresses and, if a meeting
15 of a committee, subcommittee, task force, or other subgroups thereof, by
16 such means, including but not limited to the United States postal
17 service or electronic means, as determined by the committee, subcommit-
18 tee, task force, or other subgroups thereof. An agenda for a regular
19 public meeting of the board shall be comprised of a list of all items to
20 be considered with a description of the subject matter of each such item
21 and shall be posted at least three days in advance of the meeting;
22 provided however, that in an instance of a health or public safety emer-
23 gency, the board may include additional items to the agenda with less
24 than three days notice. In an instance of a health or public safety
25 emergency, the board shall use best efforts to make public any changes
26 to the agenda prior to the regular meeting. The notice and agenda shall
27 be considered a public record.
28 (b) The], and the chancellor, or the commissioner, or any five
29 regents, may at any time call a special meeting of the board of regents
30 and fix the time and place therefor[. Notice of time, place and agenda
31 for all special public meetings of the board of regents shall be public-
32 ly provided at least three days in advance of such meeting. Such notice
33 of time, place and agenda shall be distributed via the board's official
34 internet website and specifically circulated according to the rules and
35 regulations of the regents to all regents. The board of regents special
36 public meeting agenda shall be comprised of a list of all items to be
37 considered with a description of the subject matter of each such item;
38 provided however, that in an instance of a health or public safety emer-
39 gency, the board may include additional items to the agenda with less
40 than three days notice. In an instance of a health or public safety
41 emergency, the board shall use best efforts to make public any changes
42 to the agenda prior to the special meeting. The notice and agenda shall
43 be considered a public record.
44 2. Any meeting of the board of regents and any committee, subcommit-
45 tee, task force, or other subgroups thereof shall be conducted in
46 accordance with article seven of the public officers law.
47 3. A summary of committee reports, any other minutes, and attendance
48 of the board of regents for either regular or special meetings shall be
49 electronically available on the board of regents website at the close of
50 each board meeting and shall be considered a public record. The video
51 recording of any regular full board meeting shall be posted no later
52 than five days following the meeting of the board. Any meeting summaries
53 and actions taken shall be posted on the board of regents website within
54 five days of approval by the board. Information posted on the board of
55 regents website shall remain on the site as archived data for a minimum
56 of ten years.
A. 2418 4
1 4.]; and at least ten days' notice of every meeting shall be mailed to
2 the usual address of each regent. Meetings of the board of regents shall
3 be governed by sections one hundred through one hundred eleven of the
4 public officers law relating to open meetings. A verbatim transcript of
5 each meeting shall be maintained. If any regent shall fail to attend
6 three consecutive meetings, without excuse accepted as satisfactory by
7 the regents, [that regent] he may be deemed to have resigned and the
8 regents shall then report the vacancy to the legislature, which shall
9 fill it.
10 § 4. Section 205 of the education law is amended to read as follows:
11 § 205. Quorum. [Seven] A majority of the regents [attending] shall
12 be a quorum for the transaction of business.
13 § 5. The education law is amended by adding a new section 206-a to
14 read as follows:
15 § 206-a. Local public hearings. Notwithstanding the provisions of
16 section two hundred six of this article, each regent shall conduct at
17 least one public hearing each year in his or her judicial district to
18 solicit public comment on issues relevant to the board's role in setting
19 education policy in the state. Regents elected at-large may conduct such
20 hearings at any location within the state. Each regent shall submit a
21 report to the board on such hearing.
22 § 6. The education law is amended by adding a new section 206-b to
23 read as follows:
24 § 206-b. Education advisory committees. There is hereby created in
25 each judicial district an education advisory committee to actively
26 assist and advise the regent representing that judicial district in the
27 analysis and development of education policy in New York state. Each
28 committee shall be broadly representative of the education community and
29 shall consist of not less than eleven members who shall be residents of
30 the judicial district. The initial members of the advisory committee
31 shall include a representative appointed by the New York State Congress
32 of Parents and Teachers, New York State United Teachers, National Educa-
33 tion Association of New York, Council of School Superintendents, Confer-
34 ence of Big Five School Districts, New York Library Association, New
35 York State Catholic Conference, United Federation of Teachers, Business
36 Council of New York, School Boards Association, and the Association of
37 Colleges and Universities of the State of New York. The advisory commit-
38 tee may be expanded as necessary to incorporate other interests in the
39 analysis and development of education policy in New York state. Addi-
40 tionally, each member of the senate and assembly may appoint one member
41 who shall be a resident of the judicial district in which the senator or
42 assembly member lives. Each advisory committee member shall serve at
43 the pleasure of the legislator or entity which designated it.
44 Members of the committee shall serve without compensation. The regent
45 from that judicial district shall serve as chair of the advisory commit-
46 tee.
47 Each committee shall meet at least twice each year. At least thirty
48 days notice of each meeting shall be given by the chair. Such notice
49 shall contain the time and place of the public meeting. The chair of
50 each committee shall submit a report annually on the work of the commit-
51 tee to the board of regents and to the legislature.
52 § 7. The education law is amended by adding a new section 200 to read
53 as follows:
54 § 200. Definitions. 1. For the purpose of this article, the following
55 terms shall have the following meanings:
56 (a) "Commission" means the commission on regent nomination.
A. 2418 5
1 (b) "Candidate" means a person who is eligible to serve as a member of
2 the board of regents and (1) who has requested the commission to consid-
3 er his qualifications to serve on such board; or (2) who has been recom-
4 mended for consideration by the commission by another person, including
5 a community or professional organization; or (3) who has agreed to be
6 considered by the commission at the commission's request.
7 2. Organization of the commission. (a) A commission on regent nomi-
8 nation is hereby established. The commission shall consist of eight
9 members of whom two shall be appointed by the speaker of the assembly,
10 two by the temporary president of the senate, two by the minority leader
11 of the senate, and two by the minority leader of the assembly. No member
12 of the commission shall hold or have held any elected public office for
13 which he or she receives compensation during his or her period of
14 service. No member of the commission shall hold any office in any poli-
15 tical party. No member of the commission shall be eligible for appoint-
16 ment to the board of regents during the member's period of service or
17 within one year thereafter. The members of the commission shall be resi-
18 dents of the state.
19 (b) The members first appointed by the temporary president of the
20 senate and the speaker of the assembly shall have respectively two-year
21 and four-year terms as the appointing officer shall designate. The
22 members first appointed by the minority leader of the senate shall have
23 one-year and three-year terms, respectively. The members first appointed
24 by the minority leader of the assembly shall have one-year and three-
25 year terms, respectively. Each subsequent appointment shall be for a
26 term of four years.
27 (c) A vacancy shall be deemed to occur immediately upon the appoint-
28 ment or election of any member to an office that would disqualify him or
29 her for appointment to, or membership on, the commission. A vacancy
30 occurring for any reason other than by expiration of term shall be
31 filled by the appointing officer for the remainder of the unexpired
32 term.
33 (d) The members shall designate one of their number to serve as chair-
34 man for a period of two years or until his term of office expires,
35 whichever period is shorter.
36 (e) Each member of the commission shall be entitled to receive his or
37 her actual and necessary expenses incurred in the discharge of his or
38 her duties.
39 (f) Six members of the commission shall constitute a quorum.
40 3. Functions of the commission. (a) The commission shall consider and
41 evaluate the qualifications of candidates for election to the board of
42 regents and, as each term expires or a vacancy occurs on such board,
43 shall recommend to the legislature three persons who by their character,
44 temperament, professional aptitude and experience are well qualified to
45 serve on such board.
46 (b) A recommendation to the legislature shall require the concurrence
47 of six members of the commission. The recommendations shall be transmit-
48 ted to the temporary president of the senate, the speaker of the assem-
49 bly, the minority leader of the senate and the minority leader of the
50 assembly in a single written report which shall be released to the
51 public by the commission at the time it is submitted to the legislature.
52 The report shall be in writing, signed only by the chairman, and shall
53 include the commission's findings relating to the character, temper-
54 ament, professional aptitude, experience, qualifications and fitness for
55 office of each candidate who is recommended to the legislature.
A. 2418 6
1 (c) No person shall be recommended to the legislature who has not
2 consented to be a candidate, who has not been personally interviewed by
3 a quorum of the membership of the commission, and who has not filed a
4 financial statement with the commission, on a form to be prescribed by
5 the commission. The financial statement shall consist of a sworn state-
6 ment of the person's assets, liabilities and sources of income, and any
7 other relevant financial information which the commission may require.
8 The commission shall transmit to the temporary president of the senate
9 and the speaker of the assembly the financial statement filed by each
10 person who is recommended. The financial statement filed by the person
11 who is appointed to fill a vacancy shall be made available to the
12 public. The financial statements filed by all other persons recommended
13 to the legislature, but not elected to the board of regents, shall be
14 confidential.
15 (d) In considering whether to recommend a candidate for service as a
16 regent, the commission shall consider whether the candidate's profes-
17 sional interests might create a conflict of interest or whether the
18 board's ability to maintain a quorum for action on business before it
19 might be in jeopardy if the member abstained from voting.
20 4. Additional functions of the commission. The commission shall have
21 the following functions, powers and duties:
22 (a) Establish procedures to assure that persons who may be well quali-
23 fied for service on the board of regents, other than those who have
24 requested consideration or who have been recommended for consideration
25 by others, are encouraged to agree to be considered by the commission.
26 (b) Require the appearance of any candidate before it and interview
27 any person concerning the qualifications of any candidate.
28 (c) Communicate with the legislature concerning the qualifications of
29 any person whom it has recommended for service on the board of regents.
30 (d) The commission may appoint, and at pleasure remove, a counsel and
31 such other staff as it may require from time to time, and prescribe
32 their powers and duties. The commission shall fix the compensation of
33 its staff and provide for reimbursement of their expenses within the
34 amounts appropriated by law.
35 (e) Do all other things necessary and convenient to carry out its
36 functions pursuant to this article.
37 5. Rules of the commission. (a) The commission shall adopt, and may
38 amend, written rules of procedure not inconsistent with law.
39 (b) Rules of the commission shall be filed with the secretary of state
40 and shall be published in the official compilation of codes, rules and
41 regulations of the state. Upon request of any person, the secretary of
42 state shall furnish a copy of the commission's rules without charge.
43 (c) Rules of the commission may prescribe forms and questionnaires to
44 be completed and, if required by the commission, verified by candidates.
45 (d) Rules of the commission shall provide that upon the completion by
46 the commission of its consideration and evaluation of the qualifications
47 of a candidate, there shall be no reconsideration of such candidate for
48 the vacancy for which he was considered, except with the concurrence of
49 nine members of the commission.
50 § 8. Subdivision 1 of section 215-a of the education law, as amended
51 by chapter 44 of the laws of 2000, is amended to read as follows:
52 1. The regents of the university of the state of New York shall
53 prepare and submit to the governor, the temporary president of the
54 senate, and the speaker of the assembly, not later than the first day of
55 January, nineteen hundred eighty-nine, nineteen hundred ninety and nine-
56 teen hundred ninety-one and the fifteenth day of February of each year
A. 2418 7
1 thereafter, a report concerning the schools of the state which shall set
2 forth with respect to the preceding school year: enrollment trends;
3 indicators of student achievement in reading, writing, mathematics,
4 science and vocational courses; graduation, college attendance and
5 employment rates; such other indicators of student performance as the
6 regents shall determine; information concerning teacher and administra-
7 tor preparation, turnover, in-service education and performance; infor-
8 mation concerning school library expenditures and school library media
9 specialist employment; expenditure per pupil on regular education and
10 expenditure per pupil on special education and such other information as
11 requested by the governor, the temporary president of the senate, or the
12 speaker of the assembly. To the extent practicable, all such information
13 shall be displayed on both a statewide and individual district basis and
14 by racial/ethnic group and gender. The regents are authorized to require
15 school districts, boards of cooperative educational services and nonpub-
16 lic schools to provide such information as is necessary to prepare the
17 report. In preparing the report, the regents shall consult with other
18 interested parties, including local school districts, teachers' and
19 faculty organizations, school administrators, parents and students. The
20 education and higher education committees of the senate and assembly
21 shall conduct at least one public hearing at which the chancellor,
22 commissioner, and other members of the board of regents shall discuss
23 and defend the report.
24 § 9. The education law is amended by adding a new section 215-e to
25 read as follows:
26 § 215-e. Meetings with the legislature. Each regent shall meet at
27 least once each year with the members of the senate and assembly from
28 his or her region of the state. In addition, any committee or subcommit-
29 tee of the board of regents shall meet at least annually with the chairs
30 of the appropriate standing committees of the senate and assembly.
31 § 10. The temporary president of the senate and the speaker of the
32 assembly shall commission an independent management study of the organ-
33 ization of the board of regents and the state education department. Such
34 study shall include recommendations on reorganization and streamlining
35 the department of education and on the scope of responsibilities of the
36 board of regents, and shall be presented to the temporary president of
37 the senate and the speaker of the assembly no later than July 1, 2018.
38 § 11. The public officers law is amended by adding a new section 32-a
39 to read as follows:
40 § 32-a. Removal of members of the board of regents. Members of the
41 board of regents may be removed as provided herein by the legislature
42 for misconduct or malversation in office. No such removal shall be made
43 unless the person who is sought to be removed shall have been served
44 with a copy of the charges against him or her and have an opportunity of
45 being heard. The senate and assembly shall have power to make such joint
46 rules as they may see fit for the practice before them. At the time
47 appointed for the investigation, the education and higher education
48 committees of the senate and assembly shall proceed to hear and try the
49 charges against such officer, and may take proofs in relation thereto.
50 Any recommendation for removal shall require a vote of two-thirds of
51 the members of the education and higher education committees of the
52 senate and assembly. Such recommendation shall be approved if two-thirds
53 of all the members elected to the senate and assembly shall concur ther-
54 ein. On the question of removal, the yeas and nays shall be entered on
55 the journal.
A. 2418 8
1 If the senate and assembly shall reject a recommendation of removal
2 the secretary of the senate and the clerk of the assembly shall, by a
3 writing signed by them and by the president of the senate and speaker of
4 the assembly, communicate the fact of such rejection to the regent. If
5 the senate and assembly shall concur in such a recommendation the
6 removal shall take effect upon the passage of the resolution of concur-
7 rence, and duplicate copies of such resolution, certified by the secre-
8 tary and president of the senate and the clerk and speaker of the assem-
9 bly, shall be executed and delivered by such secretary to the regent and
10 the chancellor of the board of regents.
11 § 12. This act shall take effect immediately.