Bill S1406-2013

Relates to the appointment of members of the New York city school board of education

Relates to the appointment of members of the New York city school board of education; increases membership to thirteen and includes parent representatives, a member from a college or university and a member of a community district education council; provides that the board shall appoint the chancellor.

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  • Jan 8, 2014: REFERRED TO EDUCATION
  • Jan 9, 2013: REFERRED TO EDUCATION

Memo

BILL NUMBER:S1406

TITLE OF BILL: An act to amend the education law, in relation to the members and powers of the board of education of the city school district of the city of New York

PURPOSE: To distribute the appointing authority of the board of education of the city school district of New York City among each borough president, city council, and mayor of NYC, to give parents and education professionals a greater voice in the process, and to grant the authority to appoint the city school district chancellor to the board of education.

SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (a) of subdivision 1 of section 2590-b of the education law, as amended by chapter 345 of the laws of 2009, to require that the thirteen appointed members of the NYC Board of Education consist of the following: (1) consistent with current law, one member to be appointed by each borough president of NYC, with said ember being a resident of the borough and the parent of a child attending a public school within the city school district of NYC; (2) four appointed by the city council, one of which must be a representative of a college or university, one of which must be a member of a parent organization, and one of which must be a member of a community district education counsel; and (3) four members to be appointed by the NYC mayor. Each mayoral appointee must be a resident of NYC and one must be a parent of a child attending a public school within the city district.

Section 2: Amends the opening paragraph of section 2590-h of the education law, as amended by chapter 345 of the laws of 2009, to require that the chancellor of the city school district of NYC be elected by the city school board. The contract length and salary of the chancellor shall be decided by the city school board.

EXISTING LAW: Under current law, members of the city school board of NYC are appointed by the five borough presidents and the mayor. Those members appointed by the borough presidents must be parents of a child attending a public school in the NYC school district. As such, the mayor appoints a majority of the thirteen members of the board. Additionally, the mayor is currently responsible for appointing the chancellor of the city school district of NYC, as well as determining the chancellor's contract length and salary.

JUSTIFICATION: This legislation will require that the New York City Board of Education be comprised of individuals appointed by several entities. This fact, coupled with the proposal that the Board appoint the city school district chancellor, will allow the Board to operate as an independent entity apart from the office of the NYC mayor. By

removing mayoral control over the selection of the chancellor, there will be checks and balances and a chance for public review of decisions made by the Board to ensure transparency and accountability.

Additionally, this bill will allow those with a vested interest in education, such as parents of school children and those in higher education, to be directly involved in the policy creation and decision making of the education system.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately; provided, however, that the amendments to subdivision 1 of section 2590-b and the opening paragraph of section 2590-h of the education law made by sections one and two of this act shall not affect the repeal of such provisions and shall be deemed repealed therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 1406 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sens. MONTGOMERY, DILAN, PARKER, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to the members and powers of the board of education of the city school district of the city of New York THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (a) of subdivision 1 of section 2590-b of the education law, as amended by chapter 345 of the laws of 2009, is amended to read as follows: (a) The board of education of the city school district of the city of New York is hereby continued. Such board of education shall consist of thirteen appointed members: one member to be appointed by each borough president of the city of New York; FOUR BY THE CITY COUNCIL, ONE OF WHOM SHALL BE A REPRESENTATIVE OF A COLLEGE OR UNIVERSITY, ONE OF WHOM SHALL BE A MEMBER OF PARENT ORGANIZATIONS AND ONE OF WHOM SHALL BE A MEMBER OF A COMMUNITY DISTRICT EDUCATION COUNCIL; and [eight] FOUR members to be appointed by the mayor of the city of New York. The chancellor shall serve as an ex-officio non-voting member of the city board. The city board shall elect its own chairperson from among its voting members. All thirteen appointed members shall serve at the pleasure of the appointing authority and shall not be employed in any capacity by the city of New York, or a subdivision thereof, or the city board. No appointed member of the city board shall also be a member, officer, or employee of any public corporation, authority, or commission where the mayor of the city of New York has a majority of the appointments. Each borough president's appointee shall be a resident of the borough for which the borough pres- ident appointing him or her was elected and shall be the parent of a child attending a public school within the city school district of the
city of New York. Each mayoral appointee shall be a resident of the city and [two] ONE shall be [parents] A PARENT of a child attending a public school within the city district. All parent members shall be eligible to continue to serve on the city board for two years following the conclusion of their child's attendance at a public school within the city district. Any vacancy shall be filled by appointment by the appro- priate appointing authority within ninety days of such vacancy. Notwith- standing any provision of local law, the members of the board shall not have staff, offices, or vehicles assigned to them or receive compen- sation for their services, but shall be reimbursed for the actual and necessary expenses incurred by them in the performance of their duties. S 2. The opening paragraph of section 2590-h of the education law, as amended by chapter 345 of the laws of 2009, is amended to read as follows: The office of chancellor of the city district is hereby continued. Such chancellor shall serve at the pleasure of and be employed by the [mayor] CITY BOARD of the city of New York by contract. The length of such contract shall not exceed by more than two years the term of office of the [mayor] CITY BOARD authorizing such contract. The chancellor shall receive a salary to be fixed by the [mayor] CITY BOARD within the budgetary allocation therefor. He or she shall exercise all his or her powers and duties in a manner not inconsistent with the city-wide educa- tional policies of the city board. The chancellor shall have the follow- ing powers and duties as the superintendent of schools and chief execu- tive officer for the city district, which the chancellor shall exercise to promote an equal educational opportunity for all students in the schools of the city district, promote fiscal and educational equity, increase student achievement and school performance and encourage local school-based innovation, including the power and duty to: S 3. This act shall take effect immediately; provided, however, that the amendments to subdivision 1 of section 2590-b and the opening para- graph of section 2590-h of the education law made by sections one and two of this act shall not affect the expiration of such provisions and shall be deemed to expire therewith.

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