BILL NUMBER:S3615

TITLE OF BILL:  An act to amend the education law, in relation to enact-
ing the "New York city panel for education policy members public respon-
sibility act"

PURPOSE OR GENERAL IDEA OF BILL:  An act that amends the education law
requiring a quorum of the Panel members to attend any public hearing
scheduled for the purposes of allowing for public comment on changes to
education plans for public schools within the New York City school
districts.

SUMMARY OF SPECIFIC PROVISIONS:  This bill amends the education law by
adding a new paragraph (d) to subdivision 8 of section 2590(g) to
require a quorum of the members of the Panel for Education Policy must
attend any hearing scheduled for purposes of allowing public comments as
provided in this section.  In addition, the Panel may not vote on the
proposal unless a quorum of the members of the Panel attended the hear-
ing relating to such measure. Bill also defines "attendance", and
"Quorum" for purposes of this new legislation.

JUSTIFICATION:  The New York City Panel for Education Policy (PEP) is
the highest decision making body for educational policy in the New York
City school district. The PEP, as envisioned and structured by the
legislature when mayoral control was enacted, is an independent body,
empowered to make the final judgment and decisions on education matters
              

including school specific issues. It is quite clear from legislative
history, that it was the intent of the legislature to have the members
of this Panel substantially participate in public hearings required
prior to voting and taking final actions on policy decisions affecting
millions of families in the city district. The current Panel members
lack of attendance at the public hearings on proposals for significant
changes in school utilization plans i.e.  school closure, co-locations,
reflects a subterfuge approach and a mockery of the democratic process
required under state laws.

The rights of ordinary citizens to appear before the actual members of
the body who will cast the final vote is an indispensable cog of democ-
racy. Under current practice, parents and communities are being forced
to express their concerns and views with regard to proposed changes to
their school at public hearings held by a DOE administrator, not members
of the Panel. This practice under Mayoral-school control has purposeful-
ly circumvented the legislature's intent to provide the public a direct
voice to the final decision makers.

The Panel members who over 98% of time, vote approval of the Chancellor
and DOE's recommendations without the required attendance and partic-
ipation are provided and convenient opportunity to shirk their public
responsibility that comes with the oath of office.  Enactment of this
bill into law will not only clarify the legislature's intent, but also

close the loophole and establish a mechanism that enforces the law and
public responsibility of each Panel member.

PRIOR LEGISLATIVE HISTORY:  2012: S.7673 - Referred to Rules/A.10409 -
Referred to Education

FISCAL IMPLICATIONS:  No known fiscal impact.

EFFECTIVE DATE:  This act shall take effective immediately.