S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4449

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                   February 3, 2011
                                      ___________

       Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
         tee on Education

       AN ACT to amend the education law, in relation to establishing a  parent
         participation  board  and an office of education ombudsperson for each
         community school district in the city school district of the  city  of
         New York, and directing each borough president of the city of New York
         to establish a parent academy

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The education law is amended by adding three  new  sections
    2  2590-cc, 2590-ee and 2590-v to read as follows:
    3    S  2590-CC.  PARENT  PARTICIPATION  BOARDS;  COMPOSITION,  POWERS  AND
    4  DUTIES. 1. THERE SHALL BE ESTABLISHED AND MAINTAINED  A  PARENT  PARTIC-
    5  IPATION  BOARD WITHIN EACH COMMUNITY DISTRICT. EACH PARENT PARTICIPATION
    6  BOARD SHALL BE COMPOSED OF FIFTY-ONE VOTING MEMBERS, EACH OF WHOM  SHALL
    7  SERVE A TERM OF TWO YEARS. SUCH MEMBERS SHALL BE APPOINTED AS FOLLOWS:
    8    (A)  SEVENTEEN  MEMBERS SHALL BE APPOINTED BY THE BOROUGH PRESIDENT OF
    9  THE BOROUGH IN WHICH THE COMMUNITY DISTRICT IS LOCATED;
   10    (B) SEVENTEEN MEMBERS SHALL BE APPOINTED BY A  MAJORITY  VOTE  OF  THE
   11  CITY COUNCIL OF THE CITY OF NEW YORK; AND
   12    (C)  SEVENTEEN  MEMBERS  SHALL BE APPOINTED BY A MAJORITY VOTE OF EACH
   13  HOUSE OF THE LEGISLATURE.
   14    2. OF THE MEMBERS APPOINTED TO A PARENT PARTICIPATION BOARD:
   15    (A) NOT LESS THAN ONE  MEMBER  SHALL  BE  THE  PARENT  OF  AN  ENGLISH
   16  LANGUAGE LEARNER ATTENDING A SCHOOL IN THE COMMUNITY DISTRICT;
   17    (B)  NOT LESS THAN ONE MEMBER SHALL BE THE PARENT OF A STUDENT RECEIV-
   18  ING SPECIAL EDUCATION SERVICES IN A SCHOOL IN THE COMMUNITY DISTRICT;
   19    (C) NOT LESS THAN ONE MEMBER SHALL BE OR HAVE BEEN A GRADUATING SENIOR
   20  FROM A HIGH SCHOOL IN THE COMMUNITY DISTRICT DURING HIS OR HER  TERM  OF
   21  OFFICE;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07730-01-1

       A. 4449                             2

    1    (D)  NOT LESS THAN ONE MEMBER SHALL BE THE PARENT OF A STUDENT ATTEND-
    2  ING A CHARTER SCHOOL IN THE COMMUNITY DISTRICT;
    3    (E)  NOT  LESS  THAN  ONE MEMBER SHALL BE A TEACHER AT A SCHOOL IN THE
    4  COMMUNITY DISTRICT, WHO IS A MEMBER OF THE UNITED FEDERATION  OF  TEACH-
    5  ERS;
    6    (F)  NOT  LESS THAN ONE MEMBER SHALL BE AN EMPLOYEE OF A SCHOOL IN THE
    7  COMMUNITY DISTRICT, WHO IS A MEMBER OF DISTRICT COUNCIL 37; AND
    8    (G) NOT LESS THAN ONE MEMBER SHALL BE  A  MEMBER  OF  THE  COUNCIL  OF
    9  SCHOOL ADMINISTRATORS FOR THE COMMUNITY DISTRICT.
   10    3.  VACANCIES  IN THE MEMBERSHIP OF A PARENT PARTICIPATION BOARD SHALL
   11  BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. THE  MEMBERS
   12  OF  A  PARENT  PARTICIPATION  BOARD MAY BE REAPPOINTED, PROVIDED THAT NO
   13  MEMBER SHALL SERVE AS A MEMBER FOR MORE THAN EIGHT YEARS.
   14    4. EVERY MEMBER OF A PARENT PARTICIPATION BOARD SHALL BE A RESIDENT OF
   15  THE CITY OF NEW YORK, AND BE A RESIDENT OF, BE EMPLOYED  IN  OR  HAVE  A
   16  CHILD ATTENDING A SCHOOL IN THE COMMUNITY DISTRICT. NO SUCH MEMBER SHALL
   17  BE  EMPLOYED BY A BOROUGH PRESIDENT, THE CITY COUNCIL OF THE CITY OF NEW
   18  YORK OR THE STATE LEGISLATURE.   EVERY MEMBER SHALL BE  SUBJECT  TO  AND
   19  SHALL  COMPLY  WITH  ALL STATE AND CITY OF NEW YORK CONFLICT OF INTEREST
   20  LAWS.
   21    5. A MAJORITY OF THE DULY APPOINTED MEMBERS OF A PARENT  PARTICIPATION
   22  BOARD  SHALL  CONSTITUTE  A  QUORUM AND NOT LESS THAN A MAJORITY OF SUCH
   23  MEMBERS CONCURRING MAY TRANSACT ANY BUSINESS  OR  PERFORM  ANY  DUTY  OR
   24  EXERCISE ANY POWER OF SUCH BOARD.
   25    6.  EACH  PARENT PARTICIPATION BOARD SHALL ESTABLISH ITS OWN EXECUTIVE
   26  BOARD WHICH SHALL BE COMPOSED OF THE FOLLOWING OFFICES ELECTED FROM  THE
   27  MEMBERSHIP OF SUCH BOARD:
   28    (A) PRESIDENT;
   29    (B) VICE-PRESIDENT;
   30    (C) TREASURER;
   31    (D) SECRETARY; AND
   32    (E) ASSISTANT SECRETARY.
   33    7.  (A) EVERY PARENT PARTICIPATION BOARD SHALL ESTABLISH THE FOLLOWING
   34  COMMITTEES:
   35    (1) BUDGET AND FINANCE;
   36    (2) SCHOOL CITING AND FACILITIES USAGE;
   37    (3) SCHOOL SAFETY AND STUDENT ATTENDANCE;
   38    (4) CURRICULUM AND TESTING;
   39    (5) AFTER-SCHOOL AND GIFTED PROGRAMS;
   40    (6) UNIVERSAL PRE-KINDERGARTEN AND EARLY CHILDHOOD EDUCATION;
   41    (7) SPECIAL EDUCATION; AND
   42    (8) BILINGUAL EDUCATION.
   43    (B) THE CHAIRPERSON OF EACH COMMITTEE SHALL BE APPOINTED BY THE PRESI-
   44  DENT OF THE PARENT PARTICIPATION BOARD, WITH THE ADVICE AND  CONSENT  OF
   45  THE  EXECUTIVE BOARD; PROVIDED, THAT THE FOLLOWING COMMITTEES SHALL HAVE
   46  THE FOLLOWING CO-CHAIRPERSONS:
   47    (1) SPECIAL EDUCATION COMMITTEE:  A  MEMBER  OF  THE  BOROUGH  SPECIAL
   48  EDUCATION COUNCIL APPOINTED BY THE BOROUGH PRESIDENT; AND
   49    (2)  BILINGUAL  COMMITTEE:  A  MEMBER  OF THE BOROUGH ENGLISH LANGUAGE
   50  LEARNERS TASK FORCE APPOINTED BY THE BOROUGH PRESIDENT.
   51    8. EVERY PARENT PARTICIPATION BOARD SHALL HAVE THE POWER AND DUTY TO:
   52    (A) ESTABLISH ITS PROCEDURES AND BY-LAWS;
   53    (B) PROVIDE ACCESS, ASSISTANCE AND  ADVICE  TO  THE  CHANCELLOR,  CITY
   54  DISTRICT AND DEPARTMENT ON ALL EDUCATION AND BUDGET ISSUES IN THE COMMU-
   55  NITY DISTRICT;

       A. 4449                             3

    1    (C)  ESTABLISH  FORMAL  PROCESSES  FOR  REVIEW AND INPUT ON MATTERS OF
    2  IMPORTANCE TO STUDENTS, PARENTS, TEACHERS AND THE COMMUNITY DISTRICT;
    3    (D) ESTABLISH A FORMAL SCHOOL CITING PARENTAL REVIEW PROCEDURE FOR THE
    4  REVIEW  OF SCHOOL CITING, SELECTION, RESTRUCTURING, EXPANSION AND RECON-
    5  FIGURATION BY CONVENING PUBLIC HEARINGS, SOLICITING INPUT FROM  PARENTS,
    6  TEACHERS AND THE COMMUNITY, AND ISSUING FORMAL RECOMMENDATIONS;
    7    (E)  CONDUCT AN ANNUAL REVIEW OF AND MAKE RECOMMENDATIONS ON THE FIVE-
    8  YEAR CAPITAL PLAN AND COMMUNITY DISTRICT OPERATING COSTS;
    9    (F) PREPARE THE  COMMUNITY  DISTRICT  REPORT  CARD  FOCUSING  ON  TEST
   10  SCORES, ATTENDANCE, PUPIL TO TEACHER RATIO, GRADUATION RATE AND DROP OUT
   11  RATE;
   12    (G)  ENGAGE AND CONSULT WITH COMMUNITY BASED ENTITIES INCLUDING COMMU-
   13  NITY PLANNING BOARDS, PRECINCT COMMUNITY COUNCILS, PARENT  ASSOCIATIONS,
   14  PARENT  AND  TEACHER ASSOCIATIONS, AND SCHOOL LEADERSHIP TEAMS. PROVIDED
   15  THAT THE PRESIDENT, OR HIS OR HER DESIGNEE, SHALL ATTEND AND REPORT UPON
   16  EACH MEETING OF THE COMMUNITY PLANNING BOARD AND THE PRECINCT  COMMUNITY
   17  COUNCIL;
   18    (H)  REVIEW  AND  MAKE RECOMMENDATIONS ON ALL POLICY ISSUES BEFORE THE
   19  PANEL FOR EDUCATION POLICY; AND
   20    (I) PROVIDE FOR THE TERMINATION AND REMOVAL OF ANY MEMBER WHO FAILS TO
   21  MEET THE QUALIFICATIONS OF MEMBERSHIP, OR FAILS TO FULFILL  HIS  OR  HER
   22  DUTIES  BY  NOT  ENGAGING  IN REGULAR ATTENDANCE AT AND PARTICIPATION IN
   23  BOARD MEETINGS AND HEARINGS.
   24    9. THE CHANCELLOR OR A MEMBER OF HIS  OR  HER  OFFICE  SHALL  ANNUALLY
   25  ATTEND  NOT  LESS THAN ONE MEETING OF EACH PARENT PARTICIPATION BOARD IN
   26  THE CITY DISTRICT. THE COMMUNITY DISTRICT  SUPERINTENDENT  SHALL  ATTEND
   27  EVERY MEETING OF THE PARENT PARTICIPATION BOARD.
   28    S  2590-EE.  OFFICE OF EDUCATION OMBUDSPERSON.  1. EACH PARENT PARTIC-
   29  IPATION BOARD SHALL ESTABLISH AN OFFICE OF  EDUCATION  OMBUDSPERSON  FOR
   30  THE COMMUNITY DISTRICT.
   31    2.  THE  OFFICE OF EDUCATION OMBUDSPERSON SHALL PROVIDE SUPPORT TO AND
   32  OPERATE THE OFFICES OF THE PARENT  PARTICIPATION  BOARD.  SUCH  OFFICES'
   33  DUTIES  SHALL  INCLUDE  PARENTAL  SERVICES, SUPERVISION OF STAFF, RECORD
   34  KEEPING, MAINTAINING PARENT PARTICIPATION BOARD MEETINGS, PUBLIC NOTIFI-
   35  CATION OF PARENT PARTICIPATION BOARD MEETINGS AND HEARINGS,  AND  FORMAL
   36  COMMUNICATIONS WITH CITY OF NEW YORK AND STATE AGENCIES AND OFFICIALS.
   37    3.  SUCH OFFICE SHALL ACCEPT APPLICATIONS FOR MEMBERSHIP ON THE PARENT
   38  PARTICIPATION BOARD, AND ENSURE THAT APPLICANTS  AND  MEMBERS  MEET  THE
   39  QUALIFICATIONS  FOR  MEMBERSHIP  THEREON PURSUANT TO SECTION TWENTY-FIVE
   40  HUNDRED NINETY-CC OF THIS ARTICLE.
   41    4. EVERY MEMBER OF A  PARENT  PARTICIPATION  BOARD  SHALL  IMMEDIATELY
   42  NOTIFY  THE  APPROPRIATE  OFFICE OF EDUCATION OMBUDSPERSON OF ANY CHANGE
   43  WHICH DISQUALIFIES SUCH MEMBER FROM MEMBERSHIP ON SUCH BOARD,  AND  SUCH
   44  OFFICE  SHALL  NOTIFY THE APPOINTING OFFICER OR ENTITY OF SUCH MEMBER OF
   45  HIS OR HER DISQUALIFICATION.
   46    S 2590-V. PARENT ACADEMY. EVERY BOROUGH PRESIDENT IN THE CITY  OF  NEW
   47  YORK  SHALL  ESTABLISH  AND  MAINTAIN  A  PARENT  ACADEMY FOR HIS OR HER
   48  BOROUGH. EACH PARENT ACADEMY SHALL PROVIDE TRAINING FOR ALL  MEMBERS  OF
   49  THE PARENT PARTICIPATION BOARDS WITHIN THE BOROUGH; AND PROVIDE TRAINING
   50  TO PARENTS OF CHILDREN ATTENDING SCHOOLS IN THE BOROUGH IN SKILLS BUILD-
   51  ING, LEADERSHIP DEVELOPMENT, EDUCATION POLICY, AND BUDGET AND FINANCE.
   52    EACH  ACADEMY  SHALL  ALSO PROVIDE PARENTS TO INTERACT TO LEARN HOW TO
   53  ASSIST THEIR CHILDREN TO SUCCEED IN SCHOOL  AND  AFTER  GRADUATION.  THE
   54  PARENT ACADEMIES SHALL BE TAILORED TO THE DIVERSE COMMUNITIES WITHIN THE
   55  BOROUGH  IN  WHICH  IT  IS  LOCATED  IN  ORDER TO FACILITATE THE MAXIMUM
   56  INVOLVEMENT OF PARENTS IN THE BOROUGH.

       A. 4449                             4

    1    S 2. This act shall take effect on the one hundred twentieth day after
    2  it shall have become a law; provided,  that  effective  immediately  any
    3  actions  necessary to implement the provisions of this act on its effec-
    4  tive date are authorized and directed to be completed on or before  such
    5  date.