STATE OF NEW YORK
________________________________________________________________________
8321
2019-2020 Regular Sessions
IN ASSEMBLY
June 13, 2019
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Education
AN ACT to establish the Rochester city school district empowerment act;
and providing for the repeal of such provisions upon expiration there-
of
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "Rochester city school district empowerment act".
3 § 2. Legislative intent. The legislature hereby finds the Rochester
4 city school district has historically underperformed and is in need of
5 intervention to improve the outcomes of all students in the district. In
6 August 2018, the commissioner of education appointed a distinguished
7 educator who conducted a review of the Rochester city school district
8 and proposed a series of recommendations related to the areas of gover-
9 nance and leadership, teaching and learning, professional development,
10 district operations, the education of students with disabilities and
11 English language learners, and parent and community engagement. The
12 distinguished educator has made it clear that the Rochester city school
13 district needs support in improving the district's systems, structures
14 and operations and addressing gaps in student services and academic
15 performance.
16 § 3. Definitions. As used in this act:
17 (a) "commissioner" shall mean the commissioner of education;
18 (b) "board of education" or "board" shall mean the board of education
19 of the Rochester city school district;
20 (c) "superintendent" shall mean the superintendent of the Rochester
21 city school district; and
22 (d) "school district" shall mean the Rochester city school district.
23 § 4. Beginning in the 2020-21 school year, with funds available from
24 the state, the superintendent, in consultation with the commissioner,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13158-05-9
A. 8321 2
1 shall convert all schools that have been designated as comprehensive
2 support and improvement schools by the commissioner to community schools
3 to provide expanded health, mental health and other services to students
4 and their families. Before the conclusion of the 2019-20 school year,
5 the superintendent shall develop a strategic plan setting forth how the
6 district plans to transform such schools into community hubs to deliver
7 co-located or school-linked academic, health, mental health, nutrition,
8 counseling, legal and/or other services to students and their families
9 in a manner that will lead to improved educational and other outcomes.
10 Nothing in this act shall preclude any school in the Rochester city
11 school district from converting to a community school.
12 § 5. Board member training. (a) In addition to the training required
13 under section 2102-a of the education law, every member of the board of
14 education shall annually complete a minimum of twelve hours of training
15 on the roles and responsibilities of board members. Such training shall
16 include education on ethics, public relations, cultural sensitivity and
17 responsiveness, dispute resolution, governance, and the appropriate role
18 of board members, the board president, and the superintendent.
19 (b) The curriculum used for such training shall be approved by the
20 commissioner. Such curricula may be offered together as a single course
21 or separately. The training required by this section shall be offered by
22 providers approved by the commissioner. In approving providers for these
23 trainings, the commissioner shall consider the potential provider's
24 understanding of the educational environment, the roles of trustees and
25 boards of education and boards of cooperative educational services, and
26 the experience of the provider in delivering such training.
27 (c) Each board member of the school district shall demonstrate compli-
28 ance with these requirements by filing with the district clerk a certif-
29 icate of completion of such training issued by the provider. Actual and
30 necessary expenses incurred by a board member in complying with the
31 foregoing requirements shall be a charge against the school district.
32 § 6. Powers and duties. (a) The board of education and the superinten-
33 dent shall jointly develop written guidelines clearly delineating the
34 powers and duties of such board of education and superintendent. The
35 superintendent shall be the chief executive officer of the board of
36 education and the school district educational system. As the chief exec-
37 utive officer, the superintendent shall execute all powers and duties
38 authorized in this act, section 2566 of the education law, and any other
39 applicable state law or regulations, including managing all pre-kinder-
40 garten, elementary, and secondary schools under the jurisdiction of the
41 school district. The board of education shall execute only the powers
42 and duties authorized in this act, article 52 of the education law, and
43 any other applicable state law or regulation.
44 (b) In the event of a disagreement between the board of education and
45 the superintendent or amongst members of such board, including but not
46 limited to disagreements arising from a failure to adhere to the powers
47 and duties established under paragraph (a) of this section, such board
48 of education or superintendent shall initiate mediation. Such mediation
49 shall be conducted by a mediator that is chosen from a mutually agreed
50 upon list of qualifed mediators furnished by a community dispute resol-
51 ution center under article 21-A of the judiciary law. Such list shall
52 be established within 60 days of enactment of this act and renewed annu-
53 ally at the start of each school year. The superintendent and the board
54 of education shall participate in good faith with any request for medi-
55 ation.
A. 8321 3
1 § 7. Strategic academic improvement plan. The board of education and
2 superintendent shall develop a long term strategic academic improvement
3 plan within 60 days from the enactment of this act. Such plan shall
4 include a set of goals with appropriate benchmarks and measurable objec-
5 tives to address areas where improvements are needed in the school
6 district including but not limited to communication, the education of
7 English language learners, the education of students with disabilities,
8 professional development, and parent engagement.
9 § 8. Rochester city school district children's advisory council. There
10 is hereby established the Rochester city school district children's
11 advisory council. The council shall provide advice and guidance to the
12 superintendent with the mission of improving the educational outcomes of
13 all students in the school district. The council shall meet at least
14 once per month for the first year following the enactment of this act
15 and thereafter at least three times annually and consist of seven
16 members who shall be appointed by the district-wide Rochester city
17 school district school-based planning executive committee. The members
18 of the council shall be residents of the county of Monroe and include,
19 but not be limited to, community groups and experts in child develop-
20 ment, mental health, trauma informed learning, English language lear-
21 ners, students with disabilities, and culturally responsive teaching.
22 No member of the council shall hold any elected public office or office
23 in any political party. Members of such council shall serve a term of
24 five years, and shall not be compensated for their service and may be
25 reappointed. A vacancy occurring for any reason shall be filled by the
26 district-wide Rochester city school district planning executive commit-
27 tee.
28 § 9. Nothing in this act shall be construed to abrogate or affect any
29 provision of a collective bargaining agreement pursuant to article 14 of
30 the civil service law.
31 § 10. This act shall take effect immediately, and shall expire on July
32 1, 2025 when upon such date the provisions of this act shall be deemed
33 repealed.
