Bill Text: NY S05576 | 2009-2010 | General Assembly | Introduced
Bill Title: Enacts the better schools act; expands the duties and responsibilities of the city board and other officials of the city of New York, and the independent budget office; establishes procedures and policies for certain education related matters, and creates the center for parent and student service and empowerment.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced - Dead) 2009-07-16 - LOST [S05576 Detail]
Download: New_York-2009-S05576-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5576
2009-2010 Regular Sessions
I N S E N A T E
May 19, 2009
___________
Introduced by Sens. PARKER, SAVINO, DIAZ, HASSELL-THOMPSON, HUNTLEY,
MONTGOMERY, PERKINS, SAMPSON -- read twice and ordered printed, and
when printed to be committed to the Committee on Education
AN ACT to amend the education law and the New York city charter, in
relation to enacting the "better schools act"; expanding the duties of
the city board and other officials of the city of New York, and the
independent budget office; establishing procedures and policies for
certain education related matters, and creating the center for parent
and student service and empowerment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "better
2 schools act".
3 S 2. Legislative intent. The intent of the legislature in enacting
4 the "better schools act" is to strengthen the decision making process by
5 which education policies and reforms are developed and executed, and to
6 restore the trust that families and communities have put in the school
7 system, by promoting and emphasizing the importance of open communi-
8 cation and public forum, and shared decision making between administra-
9 tors, public officials, parents, students and community organizations.
10 S 3. Subdivision 1 of section 2590-b of the education law, as added by
11 chapter 91 of the laws of 2002, is amended to read as follows:
12 1. (a) The board of education of the city school district of the city
13 of New York is hereby continued. Such board of education shall consist
14 of [thirteen] SEVENTEEN members: one member to be appointed by each
15 borough president of the city of New York; [seven] EIGHT members to be
16 appointed by the mayor of the city of New York; [and the chancellor] ONE
17 MEMBER TO BE APPOINTED BY THE GOVERNOR; ONE MEMBER TO BE APPOINTED BY
18 THE TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER TO BE APPOINTED BY THE
19 SPEAKER OF THE ASSEMBLY; AND ONE MEMBER TO BE APPOINTED BY THE CITY-WIDE
20 COUNCIL. The [chancellor shall serve as the chairperson of the city
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11485-02-9
S. 5576 2
1 board] BOARD OF EDUCATION SHALL SELECT A BOARD MEMBER TO SERVE AS CHAIR.
2 All [twelve] SEVENTEEN appointed members shall serve [at the pleasure of
3 the appointing authority] UNTIL THE COMPLETION OF THEIR TERM, SHALL BE
4 REMOVABLE ONLY FOR CAUSE and shall not be employed in any capacity by
5 the city of New York, or a subdivision thereof, or the city board.
6 APPOINTING BODIES SHOULD CONSIDER RACIAL, GEOGRAPHIC AND SOCIO-ECONOMIC
7 DIVERSITY IN THEIR APPOINTMENTS. Each borough president's appointee
8 shall be a resident of the borough for which the borough president
9 appointing him or her was elected and shall be the parent of a child OR
10 SHALL BE A STUDENT attending a public school within the city school
11 district of the city of New York OR AN ACTIVE MEMBER OF A
12 COMMUNITY-BASED ORGANIZATION WITHIN THE CITY OF NEW YORK. [Each mayoral
13 appointee] THE REMAINING TWELVE APPOINTEES shall be [a resident] RESI-
14 DENTS of the city OF NEW YORK. THE TERM OF OFFICE OF EACH MEMBER SHALL
15 BE TWO YEARS. Any vacancy shall be filled by appointment by the appro-
16 priate appointing authority. Notwithstanding any provision of local
17 law, the members of the board shall not have staff, offices, or vehicles
18 assigned to them or receive compensation for their services, but shall
19 be reimbursed for the actual and necessary expenses incurred by them in
20 the performance of their duties.
21 (b) The city board shall hold at least twelve meetings per year, AT
22 LEAST ONE MEETING PER MONTH; any additional meetings may be called at
23 the request of the [chancellor] CHAIR OF THE CITY BOARD. THE CHAIR OF
24 THE CITY BOARD SHALL PREPARE THE AGENDAS FOR ALL BOARD MEETINGS. SUCH
25 MEETINGS SHALL BE OPEN TO THE PUBLIC; THE BOARD SHALL SOLICIT PUBLIC
26 COMMENT ON ALL ISSUES TO BE VOTED ON. NOTICE OF AN UPCOMING MEETING AND
27 A COPY OF SUCH MEETING'S AGENDA, ALONG WITH THE LANGUAGE OF ANY
28 PROPOSALS TO BE VOTED UPON, SHALL BE PUBLICLY DISSEMINATED, IN THE EIGHT
29 MOST COMMON LANGUAGES SPOKEN BY PARENTS, AT LEAST TWO WEEKS IN ADVANCE
30 OF SUCH MEETING. SUCH MEETINGS SHALL BE HELD IN VENUES THAT CAN ACCOMMO-
31 DATE LARGE PUBLIC ATTENDANCE; LANGUAGE INTERPRETATION SERVICES SHALL BE
32 PROVIDED AT ALL MEETINGS.
33 S 4. Section 2590-f of the education law, as added by chapter 720 of
34 the laws of 1996, paragraphs (s) and (t) of subdivision 1, subdivisions
35 2 and 3 as amended and paragraph (u) of subdivision 1 as added by chap-
36 ter 123 of the laws of 2003, is amended to read as follows:
37 S 2590-f. Community superintendents. 1. Subject in every case to
38 powers devolved to principals and schools consistent with this article,
39 the superintendent shall have the following powers and duties:
40 (a) to assist district schools in obtaining waivers from state, feder-
41 al and city board regulations where appropriate to promote student
42 achievement and school performance.
43 (b) to delegate any of her or his powers and duties to such subordi-
44 nate officers or employees of her or his community district as she or he
45 deems appropriate and to modify or rescind any power and duty so deleg-
46 ated.
47 (c) except for the appointment of supervisors pursuant to paragraph
48 (d) of this subdivision, to appoint, define the duties of, assign,
49 promote and discharge all employees, including teacher-aides, of the
50 community district, and fix their compensation and terms of employment
51 within amounts appropriated therefor and not inconsistent with the
52 provisions of this article and any collective bargaining agreement.
53 (d) to appoint supervisory personnel from candidates screened by a
54 committee including parents, teachers, and school support personnel, who
55 shall be selected and shall operate in a manner prescribed by
56 chancellor's regulations.
S. 5576 3
1 (e) to appoint or reject the principal candidates screened by screen-
2 ing committees, in accordance with procedures and criteria prescribed by
3 chancellor's regulations, and subject to the chancellor's power to
4 reject such appointments pursuant to section twenty-five hundred nine-
5 ty-h of this article.
6 (f) to SUPERVISE AND evaluate, at least annually, the performance of
7 principals for every school in the district with respect to educational
8 effectiveness and school performance, including effectiveness of promot-
9 ing student achievement and parental involvement, and maintaining school
10 discipline. THE SUPERINTENDENT SHALL HAVE ACCESS TO ALL SCHOOL RECORDS
11 NECESSARY TO CARRY OUT SUCH EVALUATIONS.
12 (g) the authority to transfer or remove principals for persistent
13 educational failure, conflicts of interest, and ethics violations, and
14 to require principals to participate in training and other remedial
15 programs to address identified factors affecting student achievement and
16 school performance, consistent with sections twenty-five hundred nine-
17 ty-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l of
18 this article.
19 (h) to review, modify and approve school-based budgets proposed by the
20 school, pursuant to section twenty-five hundred ninety-r of this arti-
21 cle.
22 (i) to retain one or more district fiscal officers to monitor and
23 report on schools' expenditures pursuant to the school-based budgets.
24 (j) within the amounts appropriated therefor to administer district
25 minor repair and purchasing funds, and make them available to schools
26 consistent with sections twenty-five hundred ninety-i, twenty-five
27 hundred ninety-r, and subdivisions thirty-six and thirty-seven of
28 section twenty-five hundred ninety-h of this article, for services and
29 supplies provided by the chancellor, the superintendent, or purchased by
30 the schools, and to provide for minor repairs to all school buildings
31 and other buildings and sites under the district's jurisdiction.
32 (k) subject to subdivision three of section twenty-five hundred nine-
33 ty-e of this article and this section, to approve or disapprove matters
34 relating to the instruction of students, including the power to disap-
35 prove school choices with respect to selection of textbooks and other
36 instructional materials.
37 (l) to operate administrative offices and similar facilities, includ-
38 ing social centers, and recreational and extracurricular programs, under
39 the district's jurisdiction, and the duty to support the operation of
40 school facilities.
41 (m) subject to regulations or resolutions of the city board, to oper-
42 ate cafeteria or restaurant services for pupils and teachers and for the
43 use by the community for school related functions and activities and to
44 furnish meals to the elderly, sixty years of age or older, of the
45 district. Charges shall be sufficient to meet the direct cost of prepar-
46 ing and serving such meals, reducible by available reimbursements.
47 (n) to maintain discipline in the educational and other facilities
48 under the jurisdiction of the district, including the duty to assist the
49 schools in maintaining discipline.
50 (o) to employ or retain counsel subject to the powers and duties of
51 the corporation counsel of the city of New York to be the district's
52 attorney and counsel pursuant to subdivision a of section three hundred
53 ninety-four of the New York city charter; provided, however, that in
54 actions or proceedings between community districts or between a communi-
55 ty district and the city board, each community district may be repres-
56 ented by its own counsel.
S. 5576 4
1 (p) in compliance with rules and regulations of the commissioner,
2 promulgated pursuant to section one hundred one-a of this chapter, to
3 give written notice to the family court pursuant to subdivision three of
4 section seven hundred fifty-eight-a and subdivision three of section
5 353.6 of the family court act of the desire of any school under the
6 jurisdiction of the community district to act in the supervision of
7 certain juveniles while performing services for the public good.
8 (q) to take all necessary steps to ensure the integrity of community
9 district operations, consistent with regulations promulgated by the
10 chancellor and the city board.
11 (r) where so authorized by the chancellor, to exercise the
12 chancellor's powers under subdivision thirty-one of section twenty-five
13 hundred ninety-h of this article.
14 (s) to provide written notice and other related information described
15 in paragraph (b) of subdivision four of section twenty-five hundred
16 ninety-c of this article to every parent of a child, including a child
17 with a disability, attending a school under the jurisdiction of his or
18 her community district education council as directed by the chancellor.
19 (t) notwithstanding any provisions of law to the contrary, to exercise
20 all of the duties and responsibilities of the employing board as set
21 forth in section three thousand twenty-a of this chapter pursuant to a
22 delegation of the chancellor under section twenty-five hundred ninety-h
23 of this article.
24 (u) to provide relevant data to the community district education coun-
25 cil to encourage informed and adequate public discussion on student
26 achievement and the state of each school within the district.
27 (V) TO ADDRESS ISSUES REGARDING SCHOOL CHOICE, DISCIPLINE SUCH AS
28 SUSPENSIONS OR EXPULSIONS, LANGUAGE ASSISTANCE ACCESS FOR PARENTS AND
29 STUDENTS, EDUCATION OF STUDENTS WITH DISABILITIES AND SHARED DECISION
30 MAKING.
31 (W) TO HOLD PUBLIC MEETINGS AT LEAST TWICE DURING THE SCHOOL YEAR FOR
32 THE PURPOSE OF REPORTING ON DISTRICT PERFORMANCE AND TO DISCUSS PLANS
33 FOR IMPROVEMENT OF DISTRICT SCHOOLS.
34 2. In exercising such powers and duties each community superintendent
35 shall comply with all applicable provisions of law, by-laws, rules or
36 regulations, directives or agreements of the chancellor and his or her
37 community district education council and with the city-wide educational
38 policies established by the city board and his or her community district
39 education council, including performance standards addressed to adminis-
40 tration and educational effectiveness, and any requirements for continu-
41 ing training and education, embodied in standards, circulars or regu-
42 lations promulgated by the chancellor.
43 3. No person who has served as a member of a community district educa-
44 tion council may be employed by that board or the superintendent of that
45 district within a period of three years after the termination of such
46 service unless such person qualifies for the position pursuant to a
47 competitive examination and applicable provisions of the civil service
48 law.
49 S 5. Subdivision 1 of section 2590-g of the education law, as amended
50 by chapter 91 of the laws of 2002, is amended to read as follows:
51 1. (a) approve standards, policies, objectives, and regulations
52 proposed by the chancellor directly related to educational achievement
53 and student performance; [and] (b) APPROVE THE ANNUAL DEPARTMENT OF
54 EDUCATION OPERATING BUDGET PROPOSED BY THE CHANCELLOR; (C) APPROVE THE
55 FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN PROPOSED BY THE CHANCEL-
56 LOR; AND (D) consider and approve any other standards, policies, objec-
S. 5576 5
1 tives, and regulations as specifically authorized or required by state
2 or federal law or regulation;
3 S 6. Section 2590-g of the education law is amended by adding a new
4 subdivision 7 to read as follows:
5 7. APPROVE LARGE PROCUREMENT CONTRACTS THAT WOULD SIGNIFICANTLY IMPACT
6 THE PROVISION OF EDUCATIONAL SERVICES OR PROGRAMMING WITHIN THE SCHOOL
7 DISTRICT. FOR PURPOSES OF THIS SECTION "LARGE PROCUREMENT CONTRACTS"
8 SHALL MEAN PROCUREMENT CONTRACTS IN EXCESS OF TWO HUNDRED THOUSAND
9 DOLLARS.
10 S 7. The opening paragraph and subdivisions 16 and 30 of section
11 2590-h of the education law, as amended and subdivision 30 as added by
12 chapter 91 of the laws of 2002, are amended and a new subdivision 48 is
13 added to read as follows:
14 The office of chancellor of the city district is hereby continued.
15 Such chancellor shall serve at the pleasure of and be employed by the
16 mayor of the city of New York by contract. The length of such contract
17 shall not exceed by more than two years the term of office of the mayor
18 authorizing such contract. The chancellor shall receive a salary to be
19 fixed by the mayor within the budgetary allocation therefor. He or she
20 shall exercise all his or her powers and duties in a manner not incon-
21 sistent with the city-wide educational policies of the city board. The
22 chancellor shall NOT BE A VOTING MEMBER OF THE CITY BOARD, BUT MAY SERVE
23 AS AN EX-OFFICIO MEMBER OF SUCH BOARD. THE CHANCELLOR SHALL have the
24 following powers and duties as the superintendent of schools and chief
25 executive officer for the city district, which the chancellor shall
26 exercise to promote an equal educational opportunity for all students in
27 the schools of the city district, promote fiscal and educational equity,
28 increase student achievement and school performance and encourage local
29 school-based innovation, including the power and duty to:
30 16. Promulgate such rules and regulations as he or she may determine
31 to be necessary or convenient to accomplish the purposes of this [act]
32 SECTION, not inconsistent with the provisions of this article and the
33 city-wide educational policies of the city board, AND SUBJECT TO EXIST-
34 ING LAW REQUIRING PUBLIC NOTICE, PUBLICATION, HEARINGS AND OPPORTUNITY
35 FOR PUBLIC COMMENT AND CONSIDERATION THEREOF PRIOR TO SUCH PROMULGATION.
36 30. Select and appoint a community superintendent, in compliance with
37 the qualifications required by subdivision twenty-nine of this section
38 and subject to the provisions of subdivision two of section twenty-five
39 hundred ninety-j of this article, AND IN CONSULTATION WITH THE COMMUNITY
40 DISTRICT EDUCATION COUNCIL AND THE PRESIDENTS' COUNCIL AND DISTRICT
41 LEADERSHIP TEAM, at a salary to be fixed within the budgetary allocation
42 therefor.
43 48. THE CHANCELLOR SHALL PROVIDE TO THE NEW YORK CITY INDEPENDENT
44 BUDGET OFFICE INFORMATION, DATA, ESTIMATES AND STATISTICS REGARDING ALL
45 MATTERS RELATING TO SCHOOLS UNDER THE DISTRICT'S JURISDICTION, INCLUDING
46 BUT NOT LIMITED TO, FINANCIAL STATEMENTS, SCHOOL PERFORMANCE, STUDENT
47 ACHIEVEMENT, STUDENT SAFETY, AND SUCH REPORTS, DATA STATISTICS OR EVALU-
48 ATIONS PROPOSED, REVIEWED, APPROVED OR SUBMITTED TO OR BY THE CHANCELLOR
49 IN ACCORDANCE WITH THIS SECTION, AS THE DIRECTOR OF THE INDEPENDENT
50 BUDGET OFFICE DETERMINES TO BE NECESSARY TO ENHANCE PUBLIC AND OFFICIAL
51 UNDERSTANDING OF THE SCHOOL DISTRICT. SUCH INFORMATION SHALL BE SUBMIT-
52 TED TO THE INDEPENDENT BUDGET OFFICE IN A TIMELY FASHION AND IN A FORM
53 WHICH THE DIRECTOR DEEMS MOST APPROPRIATE.
54 S 8. Paragraph (i) of subdivision 1 of section 2590-i of the education
55 law, as added by chapter 720 of the laws of 1996, is amended and a new
56 paragraph (j) is added to read as follows:
S. 5576 6
1 (i) to manage and operate the school building and other facilities
2 under its jurisdiction[.],
3 (J) TO HOLD PUBLIC MEETINGS AT LEAST TWICE DURING THE SCHOOL YEAR FOR
4 THE PURPOSE OF REPORTING ON SCHOOL FINANCES AND STUDENT PERFORMANCE, AND
5 TO DISCUSS PLANS FOR MEETING SCHOOLS' COMPREHENSIVE EDUCATION PLAN
6 BENCHMARKS AND BUDGET TARGETS.
7 S 9. Paragraph (c) of subdivision 2 of section 2590-i of the education
8 law, as amended by chapter 91 of the laws of 2002, is amended to read as
9 follows:
10 (c) Principals AND ASSISTANT PRINCIPALS shall be selected consistent
11 with regulations of the chancellor establishing a process that promotes
12 AND ENSURES THAT parental [and], staff, STUDENT AND COMMUNITY involve-
13 ment in the recruitment, screening, interviewing and recommendation of
14 candidates. Candidates must meet the requirements of regulations of the
15 chancellor establishing educational, managerial, and administrative
16 qualifications, including evaluation of each candidate's record of
17 performance in comparable positions. In the case of schools under the
18 jurisdiction of the community districts, a candidate approved by a
19 community superintendent may nonetheless, before assuming the position,
20 be rejected by the chancellor for cause.
21 S 10. Subdivision 4 of section 2590-q of the education law, as amended
22 by chapter 123 of the laws of 2003, is amended to read as follows:
23 4. On such date as the mayor shall direct, the chancellor shall submit
24 to the mayor THE DATA PRESCRIBED IN PARAGRAPHS (A) THROUGH (D) OF THIS
25 SUBDIVISION. BEFORE SUCH DATA CAN BE SUBMITTED TO THE MAYOR, THE CHAN-
26 CELLOR MUST FIRST SECURE THE APPROVAL OF THE BOARD OF EDUCATION OF THE
27 CITY SCHOOL DISTRICT OF NEW YORK. THE DATA MUST BE SUBMITTED TO THE
28 BOARD OF EDUCATION AT LEAST SIXTY DAYS PRIOR TO THE DATE THE MAYOR SETS
29 FOR SUBMISSION OF SUCH DATA. SUCH SUBMISSION SHALL INCLUDE:
30 (a) estimates[, as adopted by the city board,] of the total sum of
31 money which [it] HE OR SHE deems necessary for the operation of the city
32 district [(other than functions to be financed from funds provided for
33 in the capital budget of the city)] during the next fiscal year of the
34 city, together with the estimates submitted by the community district
35 education councils;
36 (b) estimates of the amount to be received as a result of the appor-
37 tionment of moneys payable from the state in such fiscal year; [and]
38 (c) estimates of the amount to be received for school system expendi-
39 tures by the city district in such fiscal year from sources other than
40 appropriations of city funds or appropriations or other provisions of
41 funds in the capital budget of the city or apportionment of moneys from
42 the state payable in such fiscal year; AND
43 (D) ESTIMATES OF THE TOTAL SUM OF MONEY WHICH HE OR SHE DEEMS NECES-
44 SARY FOR THE OPERATION AND MAINTENANCE OF THE DEPARTMENT OF EDUCATION'S
45 FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN.
46 S 11. Subdivision b of section 2590-r of the education law, as added
47 by chapter 720 of the laws of 1996, is amended to read as follows:
48 b. the principal of each school, IN CONSULTATION WITH SCHOOL LEADER-
49 SHIP TEAMS, SUCH STUDENT LEADERS TO BE ELECTED BY STUDENT COUNCIL, to
50 propose a school-based expenditure budget, after soliciting input pursu-
51 ant to section twenty-five hundred ninety-h, and twenty-five hundred
52 ninety-i of this article on budget priorities from all members of the
53 school community, AND TO ENSURE THAT SUCH BUDGETS ARE ALIGNED WITH A
54 SCHOOL'S COMPREHENSIVE EDUCATION PLAN;
55 S 12. Section 402-a of the education law, as added by chapter 196 of
56 the laws of 1990, is amended to read as follows:
S. 5576 7
1 S 402-a. Procedures for closing, RESTRUCTURING, RESITING OR INSERTING
2 a school [building]. 1. At least six months in advance of a proposed
3 school closing, RESTRUCTURING, RESITING OR INSERTION the trustees or
4 board of education of a school district in which such building is
5 located are hereby authorized and recommended to establish an advisory
6 committee on school building utilization to investigate the educational
7 impact of such a closing, RESTRUCTURING, RESITING OR INSERTION. In a
8 city with a population of one million or more, when the city board is
9 considering the closing, RESTRUCTURING, RESITING OR INSERTION of any
10 school building, such city board is hereby authorized and recommended to
11 establish such advisory committee on school building utilization for
12 schools within its jurisdiction and delegate to the appropriate communi-
13 ty school board the responsibility for appointing such a committee for
14 any school within the jurisdiction of such community school board. Each
15 committee may be comprised of but not limited to school district author-
16 ities, teaching and nonteaching personnel, parents of pupils who attend
17 public schools in the district, other residents of the district, and
18 representatives from business, labor and local government. Such commit-
19 tee, if established, shall prepare in writing an educational impact
20 statement which shall consider the criteria stated in subdivision two of
21 this section.
22 2. The factors to be considered by the committee in the educational
23 impact statement shall include, but not be limited to:
24 (a) The current and projected pupil enrollment, the prospective need
25 for such building, the ramifications of such closing, RESTRUCTURING,
26 RESITING OR INSERTION upon the community, initial costs and savings
27 resulting from such closing, RESTRUCTURING, RESITING OR INSERTION, the
28 potential disposability of the closed school;
29 (b) Possible use of such school building for other educational
30 programs or administrative services;
31 (c) The effect of such closing, RESTRUCTURING, RESITING OR INSERTION
32 on personnel needs, and on the costs of instruction, administration,
33 transportation and other support services;
34 (d) Type, age and physical condition of such building, outstanding
35 indebtedness, maintenance and energy costs, recent or planned improve-
36 ments for the building, and such building's special features;
37 (e) Ability of the other schools in the affected district to accommo-
38 date pupils if such school building closes, RESTRUCTURES, RESITES OR
39 INSERTS; [and]
40 (f) Possible shared utilization of space in such school building
41 during or after regular school hours, as permitted in section four
42 hundred fourteen of this chapter; AND
43 (G) THE EFFECT OF SUCH CLOSING, RESTRUCTURING, RESITING OR INSERTION
44 ON STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS, STUDENTS WITH DISABILI-
45 TIES AND ON CLOSING THE ACHIEVEMENT GAP.
46 3. (a) Such educational impact statement shall be filed with the board
47 of education or in a city with a population of one million or more, with
48 the city board and/or the appropriate community school board, INCLUDING
49 WHEN APPLICABLE THE COMMUNITY DISTRICT EDUCATION COUNCILS, THE CITYWIDE
50 COUNCIL ON HIGH SCHOOLS OR THE CITYWIDE COUNCIL ON SPECIAL EDUCATION.
51 Such board of education shall publish a notice of such proposed closing,
52 RESTRUCTURING, RESITING OR INSERTION in at least one newspaper of gener-
53 al circulation in the community once a week for two weeks, and shall
54 post a notice conspicuously in the affected school district, which shall
55 also be circulated to elected state and local public officials who
56 represent the affected communities, AND SHALL SUBMIT WRITTEN NOTICE OF
S. 5576 8
1 THE PROPOSED CLOSING, RESTRUCTURING, RESITING OR INSERTION PROMPTLY TO
2 THE APPROPRIATE COMMUNITY SCHOOL BOARD, INCLUDING WHEN APPLICABLE,
3 COMMUNITY DISTRICT EDUCATION COUNCILS, THE CITYWIDE COUNCIL ON HIGH
4 SCHOOLS OR THE CITYWIDE COUNCIL ON SPECIAL EDUCATION.
5 (b) After the statement has been filed and circulated, the board of
6 education, and in a city with a population of one million or more, the
7 city board or, where applicable, the community school board, THE COMMU-
8 NITY DISTRICT EDUCATION COUNCILS, THE CITYWIDE COUNCIL ON HIGH SCHOOLS
9 OR THE CITYWIDE COUNCIL ON SPECIAL EDUCATION shall hold a public hearing
10 to evaluate the impact of the proposed closing, RESTRUCTURING, RESITING
11 OR INSERTION on the affected district. Such hearing shall be held within
12 sixty days of the issuance of the educational impact statement at times
13 and places convenient and accessible to the public. Notice of such hear-
14 ing shall be published by such board of education in at least one news-
15 paper of general circulation in the community once a week for two weeks,
16 and shall be posted conspicuously in the affected school district, and
17 shall also be circulated to elected state and local public officials who
18 represent the affected communities. At such hearing, factors enumerated
19 in subdivision two of this section shall be considered and alternatives
20 may be presented by interested parties.
21 (c) The board of education shall render a decision at a regular or
22 special meeting, the results of which shall be recorded and made avail-
23 able to the public. In a city having a population of one million or
24 more, the community school board, THE COMMUNITY DISTRICT EDUCATION COUN-
25 CILS, THE CITYWIDE COUNCIL ON HIGH SCHOOLS OR THE CITYWIDE COUNCIL ON
26 SPECIAL EDUCATION SHALL VOTE AT A REGULAR MEETING OR SPECIAL MEETING
27 REGARDING ITS APPROVAL OR DISAPPROVAL OF THE PROPOSED ACTION. SUCH
28 COMMUNITY SCHOOL BOARDS, THE COMMUNITY DISTRICT EDUCATION COUNCILS, THE
29 CITYWIDE COUNCIL ON HIGH SCHOOLS OR THE CITYWIDE COUNCIL ON SPECIAL
30 EDUCATION shall submit written [recommendations] DECISIONS for schools
31 within its jurisdiction to the city board. THE CHANCELLOR OR ANY MEMBER
32 OF THE CITY BOARD MAY SUBMIT AN APPEAL TO THE CITY BOARD REGARDING SUCH
33 DECISION. The city board shall render a decision ON APPEALS for all
34 proposed school building closings, RESTRUCTURINGS, RESITINGS OR
35 INSERTIONS at a regular or special meeting, the results of which shall
36 be recorded and made available to the public.
37 S 12-a. Section 93 of the New York city charter is amended by adding a
38 new subdivision s to read as follows:
39 S. THE COMPTROLLER SHALL HAVE POWER TO AUDIT MATTERS RELATING TO
40 SCHOOLS. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE SHALL MAKE
41 AVAILABLE TO THE COMPTROLLER, FOR AUDITING PURPOSES, ALL INFORMATION,
42 DATA, ESTIMATES, EVALUATIONS, REPORTS, AND STATISTICS REGARDING THE
43 DEPARTMENT OF EDUCATION'S FINANCES, INCLUDING BUT NOT LIMITED TO, REVEN-
44 UES, EXPENDITURES, FINANCIAL MANAGEMENT PRACTICES AND RELATED MATTERS.
45 S 13. Subdivision b of section 259 of the New York city charter, as
46 added by a vote of the people of the city of New York at the general
47 election held in November of 1989, is amended to read as follows:
48 b. The appropriations available to pay for the expenses of the inde-
49 pendent budget office during each fiscal year shall not be less than ten
50 percentum of the appropriations available to pay for the expenses of
51 the office of management and budget during such fiscal year. The direc-
52 tor shall appoint such personnel and procure the services of such
53 experts and consultants, within the appropriations available therefor,
54 as may be necessary for the director to carry out the duties and func-
55 tions assigned herein. Such personnel and experts shall perform such
56 duties as may be assigned to them by the director. AN ADDITIONAL AMOUNT
S. 5576 9
1 NOT TO BE LESS THAN FIVE PER CENTUM OF THE APPROPRIATIONS AVAILABLE TO
2 PAY FOR THE EXPENSES OF THE OFFICE OF MANAGEMENT AND BUDGET DURING EACH
3 FISCAL YEAR SHALL BE MADE AVAILABLE TO PAY FOR CARRYING OUT THE FUNC-
4 TIONS PRESCRIBED IN SUBDIVISIONS F, G AND H OF SECTION TWO HUNDRED SIXTY
5 OF THIS CHAPTER.
6 S 14. Section 260 of the New York city charter, as amended by a vote
7 of the people of the city of New York at the general election held in
8 November of 1989, is amended to read as follows:
9 S 260. Powers and duties. a. It shall be the duty of the INDEPENDENT
10 BUDGET office to provide to the comptroller, the president of the coun-
11 cil, the members and committees of the council, the borough presidents,
12 and the community boards information which will assist such officials
13 and bodies in the discharge of their responsibilities which are related
14 to the budgetary process, including:
15 (1) information with respect to the budget, appropriations bills and
16 proposed local laws with fiscal implications;
17 (2) information with respect to estimated revenues and receipts and
18 changing revenue conditions; and
19 (3) to the extent practicable, such other information or analyses as
20 may be requested by such officials and bodies.
21 b. The director, upon the request of a borough president or the presi-
22 dent of the council for a proposed local law introduced by such offi-
23 cial, or the chair or ranking minority member of a committee of the
24 council for a proposed local law being considered by such committee,
25 shall complete a fiscal impact statement of such proposed local law
26 consistent with the requirements of section thirty-three OF THIS
27 CHARTER.
28 c. The director shall from time to time publish such reports as may be
29 appropriate to enhance official and public understanding of the budget-
30 ary process and of the budget documents published in accordance with the
31 provisions of chapters six, nine and ten OF THIS CHARTER. The director
32 shall from time to time publish such reports as may be necessary or
33 appropriate to provide such information, data, and analysis as will
34 enhance official and public understanding of matters relating to city
35 revenues, expenditures, financial management practices and related
36 matters.
37 d. The director may procure, for the office, up-to-date computer
38 equipment, obtain the services of experts and consultants in computer
39 technology, and develop techniques for the evaluation of revenue projec-
40 tions and budgetary requirements.
41 e. The director shall make all information, data, estimates, and
42 statistics obtained [under subdivision c of section ninety-eight], and
43 all studies and reports prepared by the office, available for public
44 inspection and copying during normal business hours and shall, to the
45 extent practicable, furnish a copy of any such information or report to
46 any person upon request at a reasonable cost.
47 F. THE DIRECTOR SHALL ENSURE THAT THE OFFICE USES UP-TO-DATE, APPRO-
48 PRIATE, AND PROFESSIONALLY ACCEPTED METHODOLOGIES IN PRODUCING ANNUAL
49 DATA REPORTS AND THAT SUCH METHODOLOGIES USED ARE IDENTIFIED IN SUCH
50 REPORTS.
51 G. THE DIRECTOR SHALL ANNUALLY COMPILE, PRODUCE AND WIDELY DISSEMINATE
52 SCHOOL SYSTEM STUDENT DEMOGRAPHICS AND ACHIEVEMENT OUTCOMES, AND
53 ANALYSES OF THE USE OF SCHOOL SYSTEM EXPENSE BUDGET AND CAPITAL BUDGET
54 RESOURCES.
55 H. THE DIRECTOR SHALL UNDERTAKE FROM TIME TO TIME ANALYSES OF CRITICAL
56 FISCALLY RELATED SCHOOL DISTRICT POLICY ISSUES. SUCH INFORMATION SHALL
S. 5576 10
1 BE INCLUDED IN REPORTS PREPARED BY THE OFFICE AND DISSEMINATED TO THE
2 PUBLIC.
3 S 15. The New York city charter is amended by adding a new section 530
4 to read as follows:
5 S 530. CENTER FOR PARENT AND STUDENT SERVICE AND EMPOWERMENT. A.
6 THERE SHALL BE A CENTER FOR PARENT AND STUDENT SERVICE AND EMPOWERMENT
7 TO BE HEADED BY THE PUBLIC ADVOCATE.
8 B. THE PURPOSE OF THE CENTER FOR PARENT AND STUDENT SERVICE AND EMPOW-
9 ERMENT SHALL BE TO PROVIDE OUTREACH, TRAINING AND SUPPORT FOR PARENTS
10 AND STUDENTS OF SCHOOLS WITHIN THE CITY SCHOOL DISTRICT OF THE CITY OF
11 NEW YORK. THE DUTIES OF THE CENTER SHALL BE AS FOLLOWS:
12 1. PROVIDE TRAINING AND CONTINUOUS SUPPORT FOR CURRENT MEMBERS OF
13 PARENT-TEACHER ASSOCIATIONS, SCHOOL LEADERSHIP TEAMS, COMMUNITY DISTRICT
14 EDUCATION COUNCILS, DISTRICT LEADERSHIP TEAMS, THE CITYWIDE COUNCIL ON
15 HIGH SCHOOLS AND THE CITYWIDE COUNCIL ON SPECIAL EDUCATION. TOPICS OF
16 TRAINING SHALL INCLUDE:
17 (I) BASELINE KNOWLEDGE OF CENTRAL DEPARTMENT OF EDUCATION STRUCTURE
18 AND OPERATIONS, SCHOOL BUDGET PROCEDURES, STATE AND CITY STRUCTURES AND
19 POLICIES THAT IMPACT EDUCATION; AND
20 (II) SKILLS-BUILDING INFORMATION REGARDING MEETING FACILITATION, TOOLS
21 FOR PARENT OUTREACH AND LEADERSHIP DEVELOPMENT;
22 2. ADMINISTER OUTREACH TO PARENTS AND STUDENTS REGARDING THE PROCESS
23 FOR GETTING INVOLVED WITH PARENT-TEACHER ASSOCIATIONS, SCHOOL LEADERSHIP
24 TEAMS, COMMUNITY DISTRICT EDUCATION COUNCILS, DISTRICT LEADERSHIP TEAMS,
25 THE CITYWIDE COUNCIL ON HIGH SCHOOLS AND THE CITYWIDE COUNCIL ON SPECIAL
26 EDUCATION, AND OTHER BASIC TOOLS FOR NAVIGATING THE SCHOOL SYSTEM;
27 3. PROVIDE CAPACITY BUILDING OPPORTUNITIES FOR PARENT COORDINATORS;
28 AND
29 4. HOLD CONFERENCES AND EVENTS TO EDUCATE PARENTS AND STUDENTS ON HOW
30 TO GET MORE INVOLVED IN THEIR SCHOOL SYSTEMS AND COMMUNITIES.
31 C. FUNDING FOR DEVELOPMENT AND MAINTENANCE OF THE CENTER FOR PARENT
32 AND STUDENT SERVICE AND EMPOWERMENT SHALL BE DRAWN FROM ANY APPROPRI-
33 ATIONS AVAILABLE THROUGH THE DEPARTMENT OF EDUCATION, AND PUBLIC FUND-
34 ING.
35 D. THE PUBLIC ADVOCATE SHALL APPOINT SUCH PERSONNEL AND PROCURE THE
36 SERVICES OF SUCH EXPERTS AND CONSULTANTS, WITHIN THE APPROPRIATIONS
37 AVAILABLE PURSUANT TO SUBDIVISION B OF SECTION TWO HUNDRED FIFTY-NINE OF
38 THIS CHARTER, AS MAY BE NECESSARY FOR THE PUBLIC ADVOCATE TO CARRY OUT
39 THE DUTIES AND FUNCTIONS ASSIGNED HEREIN. SUCH PERSONNEL AND EXPERTS
40 SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED TO THEM BY THE PUBLIC ADVO-
41 CATE.
42 S 16. Subdivision 1 of section 2590-c of the education law, as added
43 by chapter 123 of the laws of 2003, is amended to read as follows:
44 1. Each community district shall be governed by a community district
45 education council. The community councils shall consist of eleven voting
46 members [and one non-voting member], as follows:
47 (a) [Nine voting] EIGHT members shall be parents whose children are
48 attending a school under the jurisdiction of the community district and
49 shall be selected by the presidents and officers of the parents' associ-
50 ation or parent-teachers' association. Such members shall serve for a
51 term of two years.
52 (b) Two [voting] members shall be appointed by the borough presidents
53 corresponding to such district. Such appointees shall be residents of,
54 or own or operate a business in, the district and shall be individuals
55 with extensive business, trade, or education experience and knowledge,
56 who will make a significant contribution to improving education in the
S. 5576 11
1 district. Such members shall serve for a term of two years and may only
2 be reappointed for one additional two year term.
3 (c) One [non-voting] member who is a high school senior residing in
4 the district, appointed by the superintendent from among the elected
5 student leadership. Such member shall serve for a one year term.
6 Members shall not be paid a salary or stipend, but shall be reimbursed
7 for all actual and necessary expenses directly related to the duties and
8 responsibilities of the community council.
9 S 17. Section 34 of chapter 91 of the laws of 2002, amending the
10 education law and other laws relating to the reorganization of the New
11 York city school construction authority, board of education and communi-
12 ty boards, as amended by chapter 123 of the laws of 2003, is amended to
13 read as follows:
14 S 34. This act shall take effect July 1, 2002; provided, that sections
15 one, THREE, FIVE through twenty, twenty-four, and twenty-six through
16 thirty of this act shall expire and be deemed repealed June 30, [2009]
17 2013; provided, further, that notwithstanding any provision of article 5
18 of the general construction law, on June 30, [2009] 2013 the provisions
19 of subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision
20 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21
21 of section 2554 of the education law as repealed by section three of
22 this act, subdivision 1 of section 2590-b of the education law as
23 repealed by section six of this act, paragraph (a) of subdivision 2 of
24 section 2590-b of the education law as repealed by section seven of this
25 act, section 2590-c of the education law as repealed by section eight of
26 this act, paragraph c of subdivision 2 of section 2590-d of the educa-
27 tion law as repealed by section twenty-six of this act, subdivision 1 of
28 section 2590-e of the education law as repealed by section twenty-seven
29 of this act, subdivision 28 of section 2590-h of the education law as
30 repealed by section twenty-eight of this act, subdivision 30 of section
31 2590-h of the education law as repealed by section twenty-nine of this
32 act, subdivision 30-a of section 2590-h of the education law as repealed
33 by section thirty of this act shall be revived and be read as such
34 provisions existed in law on the date immediately preceding the effec-
35 tive date of this act; provided, however, that sections seven and eight
36 of this act shall take effect on November 30, 2003; provided further
37 that the amendments to subdivision 25 of section 2554 of the education
38 law made by section two of this act shall be subject to the expiration
39 and reversion of such subdivision pursuant to section 12 of chapter 147
40 of the laws of 2001, as amended, when upon such date the provisions of
41 section four of this act shall take effect.
42 S 18. This act shall take effect immediately; provided that the amend-
43 ments to subdivision 1 of section 2590-b of the education law made by
44 section three of this act shall not affect the expiration of such subdi-
45 vision and shall be deemed to expire therewith; provided that the amend-
46 ments to paragraphs (s), (t) and (u) of subdivision 1 and subdivisions 2
47 and 3 of section 2590-f of the education law made by section four of
48 this act shall not affect the expiration and repeal of such provision
49 and shall be deemed to expire and be repealed therewith; provided that
50 the amendments to section 2590-g of the education law made by section
51 five of this act shall not affect the expiration of such section and
52 shall be deemed to expire therewith; provided that the amendments to
53 section 2590-g of the education law made by section six of this act
54 shall survive the expiration and reversion of such section as provided
55 in section 34 of chapter 91 of the laws of 2002, as amended; provided
56 that the amendments to the opening paragraph and subdivisions 16 and 30
S. 5576 12
1 of section 2590-h of the education law made by section seven of this act
2 shall not affect the repeal of such provisions and shall be deemed
3 repealed therewith; provided that the amendments to paragraph (c) of
4 subdivision 2 of section 2590-i of the education law made by section
5 nine of this act shall not affect the repeal of such paragraph and shall
6 be deemed repealed therewith; and provided that the amendments to subdi-
7 vision 4 of section 2590-q of the education law made by section ten of
8 this act shall not affect the expiration of such subdivision and shall
9 be deemed to expire therewith.
