STATE OF NEW YORK
________________________________________________________________________
11717
IN ASSEMBLY
October 13, 2010
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sweeney,
Hooper, Weisenberg, Millman, Mayersohn, Cook, D. Weprin, Robinson,
Lancman, Stirpe, Skartados, Castelli, Christensen, Destito, Engle-
bright, Gottfried, Magee, Ortiz, Titone) -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to enacting the "parent
advocate act"
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 "parent advocate act".
3 § 2. The education law is amended by adding a new article 44 to read
4 as follows:
5 ARTICLE 44
6 SCHOOL DISTRICT OFFICERS--STATE OFFICIALS
7 Section 2150. Office of parent advocate.
8 § 2150. Office of parent advocate. 1. There shall be in the department
9 an office to be known as the "office of the parent advocate". Such
10 office shall be under the supervision and direction of an official known
11 as the "parent advocate". The parent advocate shall be appointed by the
12 regents. The parent advocate shall report directly to the commissioner.
13 The parent advocate shall devote his or her entire time to the duties of
14 such office.
15 2. No person shall be appointed as a parent advocate unless at the
16 time of such person's appointment such person is a resident of the state
17 and is knowledgeable on the subject of education and is skillful in
18 matters pertaining thereto. Once appointed, the parent advocate shall
19 continue in office until such person's term expires and until such
20 person's successor has been appointed and has qualified. The term of
21 office shall be four years.
22 3. Any parent advocate may be removed by the regents for cause after
23 an opportunity to be heard. A statement of the cause of such person's
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD17771-03-0
A. 11717 2
1 removal shall be filed by the regents in the office of the secretary of
2 state.
3 4. In the event of a vacancy caused by the death, resignation, removal
4 or disability of the parent advocate, the vacancy shall be filled by the
5 regents for the unexpired term.
6 5. a. The office of the parent advocate shall have the following func-
7 tions, powers and duties:
8 (1) to assist parents or guardians of students enrolled in public
9 school districts in their interactions with the department;
10 (2) to identify areas in which parents or guardians have problems in
11 dealing with the department;
12 (3) to propose solutions, including administrative changes to prac-
13 tices and procedures of the department;
14 (4) to recommend legislative action as may be appropriate to resolve
15 continuing common problems encountered by parents or guardians;
16 (5) to help parents navigate laws and department rules or regulations;
17 (6) to help parents have their grievances heard and decided;
18 (7) to promote open and direct communications; and
19 (8) provide in plain language the correct process to have complaints
20 heard and decided by the department.
21 b. The parent advocate shall prepare a report as to the activities of
22 the parent advocate. Such report shall be submitted to the regents, the
23 temporary president of the senate, the speaker of the assembly, and the
24 commissioner no later than the thirty-first day of December commencing
25 in the year after the effective date of this article and every second
26 year thereafter. Any such report shall contain full and substantive
27 analysis, in addition to statistical information, and shall:
28 (1) identify the initiatives the parent advocate has taken on improv-
29 ing educational services and the department's responsiveness;
30 (2) contain a summary of at least ten of the most serious problems
31 encountered by parents or guardians of students enrolled in public
32 school districts, including a description of the nature of such prob-
33 lems;
34 (3) contain an inventory of the items described in subparagraphs one
35 and two of this paragraph for which action has been taken and the result
36 of such action; and inventory for which action remains to be completed;
37 and an inventory for which no action has been taken, and the reasons for
38 the inaction;
39 (4) contain recommendations for such administrative and legislative
40 action as may be appropriate to resolve problems encountered by parents
41 or guardians of students in public school districts; and
42 (5) include such other information as the parent advocate may deem
43 advisable.
44 § 3. Section 104 of the education law is amended to read as follows:
45 § 104. Other officers and employees. The commissioner [of education],
46 subject to the approval of the regents, shall have power, in conformity
47 with their rules, to appoint all other needed officers and employees and
48 fix their titles, duties and salaries, including the salaries of the
49 parent advocate and employees of the office of the parent advocate
50 authorized by section twenty-one hundred fifty of this chapter.
51 § 4. This act shall take effect immediately.
