Creates the New York character development commission and establishes the New York character development fund; and providing for the repeal of such provisions upon expiration thereof.
TITLE OF BILL: An act to amend the education law, in relation to creating the New York character development commission; to amend the state finance law, in relation to establishing the New York character development fund; and providing for the repeal of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL: To authorize a two year commission to answer the question: How do we create the best schools that can spark purpose and sustain passion in our students?
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the education law is amended by adding a new section 141 which will establish the commission and outline its purpose.
2. Outlines appointment of members.
3. Outlines provisions for commission staff and agency liaison and how they will be paid.
4. Powers and duties of the commission.
5. Commission recommendations.
Section 2 of the state finance law is amended by adding a new section 99-v which establishes the New York character development fund and the provisions thereof.
Section 3 outlines the severability clause.
JUSTIFICATION: "Character" refers to the soft and emotional skills that are proven to produce successful leaders: grit, zest, perseverance, curiosity, self-control, tenacity, optimism, gratitude, and social intelligence.
One clear way to accomplish this is to teach and equip our students with the soft and non-cognitive skills (character) for them to pursue their passion. Unfortunately, the Common Core State Standards are shifting our education culture to robotic classrooms based on immediate performance instead of purpose-driven learning. The Character Development Commission and Fund (CDCF) is a clear counter-solution to this dangerous shift.
CDCF will accomplish the following goals to ultimately determine if and how we can teach and measure "character" in our schools:
1. Study and research the effectiveness of building character among K-12 public school students in new York State.
2. Study, explore, and research future measures for different character traits.
3. Propose specific programs and a plan to allocate resources to develop and grow character among all public school students.
4. Study, explore, and propose a plan to implement character trait measures that may be one of the considered factors for grade advancement.
5. Study, explore, and propose how to incorporate digital platforms and technology to teach, measure, and analyze character.
6. Provide any other recommendations germane to character development in schools.
PRIOR LEGISLATIVE HISTORY: New.
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: Immediately and shall be deemed repealed June 30, 2016.
STATE OF NEW YORK ________________________________________________________________________ 6366 IN SENATE January 21, 2014 ___________Introduced by Sen. STAVISKY -- 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 creating the New York character development commission; to amend the state finance law, in relation to establishing the New York character development fund; and providing for the repeal of such provisions upon expiration thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The education law is amended by adding a new section 141 to read as follows: S 141. NEW YORK CHARACTER DEVELOPMENT COMMISSION. 1. COMMISSION ESTABLISHED. (A) THERE IS HEREBY CREATED IN THE EDUCATION DEPARTMENT A COMMISSION TO BE KNOWN AS THE "NEW YORK CHARACTER DEVELOPMENT COMMIS- SION" WHICH SHALL BE CHARGED WITH INVESTIGATING AND DETERMINING THE BEST PRACTICES IN BUILDING CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGARTEN THROUGH TWELVE AND FORMULATING RECOMMENDATIONS FOR THE IMPLEMENTATION OF THOSE PRACTICES IN PUBLIC SCHOOLS. (B) THE COMMISSION SHALL BEGIN TO ACT FORTY-FIVE DAYS AFTER THIS SECTION SHALL HAVE BECOME A LAW. 2. MEMBERS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIST OF TEN MEMBERS TO BE APPOINTED AS FOLLOWS: (I) TWO MEMBERS SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE; (II) TWO MEMBERS SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY; (III) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE SENATE; (IV) ONE MEMBER SHALL BE APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY; (V) TWO MEMBERS SHALL BE APPOINTED BY THE GOVERNOR; AND (VI) TWO MEMBERS SHALL BE APPOINTED BY THE BOARD OF REGENTS. THE BOARD OF REGENTS SHALL DESIGNATE THE CHAIR FROM AMONG THE MEMBERS OF THE COMMISSION. (B) ONE MEMBER APPOINTED BY EACH OF THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE GOVERNOR AND THE BOARD OF REGENTS SHALL BE AN ACADEMIC AND RESEARCH EXPERT. THE OTHER MEMBER APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE GOVERNOR AND THE BOARD OF REGENTS SHALL BE AN EDUCATOR. AT LEAST SEVENTY PERCENT OF THE MEMBERS OF THE COMMISSION SHALL COME FROMEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13487-01-4 S. 6366 2
PUBLIC, NON-PROFIT OR GOVERNMENT SECTORS. TO THE EXTENT PRACTICABLE, THE MEMBERSHIP OF THE COMMISSION SHALL INCLUDE ADMINISTRATORS, FACULTY AND OTHER INDIVIDUALS COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTU- NITIES OF THE CHILDREN OF THE STATE. (C) THE LEGISLATIVE LEADERS AND THE GOVERNOR SHALL SUBMIT THEIR APPOINTMENTS TO THE BOARD OF REGENTS, AND THE BOARD OF REGENTS SHALL MAKE APPOINTMENTS, NO LATER THAN FORTY-FIVE DAYS AFTER THIS SECTION BECOMES A LAW. VACANCIES IN THE COMMISSION SHALL BE FILLED IN THE SAME MANNER AS THE MEMBER WHOSE VACANCY IS BEING FILLED WAS APPOINTED. (D) THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECES- SARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR DUTIES. MEMBERS OF THE COMMISSION SHALL BE CONSIDERED PUBLIC OFFICERS FOR PURPOSES OF SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW. 3. COMMISSION STAFF AND AGENCY LIAISON. (A) THE COMMISSIONER SHALL DESIGNATE SUCH EMPLOYEES OF THE DEPARTMENT AS ARE REASONABLY NECESSARY TO PROVIDE SUPPORT SERVICES TO THE COMMISSION. THE COMMISSION, ACTING BY THE CHAIR OF THE COMMISSION, MAY EMPLOY ADDITIONAL STAFF AND CONSULT- ANTS, WHO SHALL BE PAID FROM AMOUNTS AVAILABLE TO THE COMMISSION FOR THAT PURPOSE. (B) THE COMMISSIONER SHALL APPOINT ONE OR MORE REPRESENTATIVES OF THE DEPARTMENT TO SERVE AS LIAISON BETWEEN SUCH DEPARTMENT AND THE COMMIS- SION. ALL STATE AGENCIES, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPO- RATIONS SHALL PROVIDE SUCH ASSISTANCE AS MAY BE REASONABLY REQUESTED BY THE CHAIR OF THE COMMISSION. 4. POWERS AND DUTIES OF THE COMMISSION. (A) THE COMMISSION SHALL HAVE THE POWER AND DUTY TO : (1) STUDY AND RESEARCH THE EFFECTIVENESS OF BUILDING CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGARTEN THROUGH TWELVE; (2) STUDY, EXPLORE, AND RESEARCH FUTURE MEASURES FOR DIFFERENT CHARAC- TER TRAITS; (3) PROPOSE SPECIFIC PROGRAMS AND A PLAN TO ALLOCATE RESOURCES TO DEVELOP AND GROW CHARACTER AMONG ALL PUBLIC SCHOOL STUDENTS; (4) STUDY, EXPLORE AND PROPOSE A PLAN TO IMPLEMENT THE CHARACTER TRAIT MEASURES THAT MAY BE ONE OF THE CONSIDERED FACTORS FOR GRADE ADVANCE- MENT; (5) STUDY, EXPLORE AND PROPOSE MEASURES TO INCORPORATE DIGITAL PLAT- FORMS; (6) ESTABLISH, PUBLISH AND PUBLICIZE A PROPOSAL FOR THE IMPLEMENTATION OF A PILOT PROGRAM AND/OR A STATE-WIDE INITIATIVE CONCERNING THE BUILD- ING OF CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGAR- TEN THROUGH TWELVE AND PROVIDE RECOMMENDATIONS GERMANE TO THE DEVELOP- MENT OF SUCH PROGRAMS IN SCHOOLS; (7) PREPARE AND DELIVER A REPORT CONCERNING THE COMMISSION'S FINDINGS AND RECOMMENDATIONS AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION; (8) RAISE FUNDING FOR THE NEW YORK CHARACTER DEVELOPMENT FUND ESTAB- LISHED BY SECTION NINETY-NINE-V OF THE STATE FINANCE LAW; AND (9) TAKE SUCH OTHER ACTIONS AND MEASURES AS MAY BE NECESSARY TO IMPLE- MENT THE PROVISIONS OF THIS SECTION. (B) AS USED IN THIS SECTION, "CHARACTER" REFERS TO THE SOFT AND EMOTIONAL SKILLS THAT ARE PROVEN TO PRODUCE SUCCESSFUL LEADERS, INCLUD- ING, BUT NOT LIMITED TO GRIT, ZEST, PERSEVERANCE, CURIOSITY, SELF-CON- TROL, TENACITY, OPTIMISM, GRATITUDE, AND SOCIAL INTELLIGENCE. 5. COMMISSION RECOMMENDATIONS. ON OR BEFORE JUNE THIRTIETH, TWO THOU- SAND SIXTEEN, THE COMMISSION SHALL TRANSMIT TO THE GOVERNOR, THE TEMPO- RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITYS. 6366 3
LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY AND THE BOARD OF REGENTS A REPORT CONCERNING ITS FINDINGS AND RECOMMENDATIONS, WHICH SHALL INCLUDE SPECIFIC RECOMMENDATIONS FOR IMPLEMENTATION OF A PROPOSED PILOT PLAN OR STATE-WIDE INITIATIVE CONCERNING THE BUILDING OF CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGARTEN THROUGH TWELVE AND PROVIDE RECOMMENDATIONS. UPON THE TRANSMISSION OF THE REPORT TO THE GOVERNOR AND THE LEGISLATURE THE COMMISSION SHALL BE DISSOLVED. S 2. The state finance law is amended by adding a new section 99-v to read as follows: S 99-V. NEW YORK CHARACTER DEVELOPMENT FUND. 1. THERE IS HEREBY ESTAB- LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION- ER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK CHARACTER DEVELOPMENT FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONIES CREDITED OR TRANSFERRED THER- ETO FROM THE GENERAL FUND OR FROM ANY OTHER FUND OR SOURCES PURSUANT TO LAW. NOTHING CONTAINED HEREIN SHALL PREVENT THE DEPARTMENT OF EDUCATION FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO LAW. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION, MONIES OF THE FUND SHALL NOT BE CO-MINGLED WITH ANY OTHER FUND. 3. MONIES OF THE FUND SHALL BE EXPENDED FOR THE PURPOSES OF CARRYING OUT THE PROVISIONS OF SECTION ONE HUNDRED FORTY-ONE OF THE EDUCATION LAW. 4. MONIES SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE CHAIR OF THE NEW YORK CHARACTER DEVELOPMENT COMMISSION. 5. UPON THE DISSOLUTION OF THE NEW YORK CHARACTER DEVELOPMENT COMMIS- SION, ANY MONIES REMAINING IN THE FUND SHALL BE DEPOSITED INTO THE GENERAL FUND PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-TWO OF THIS ARTICLE. S 3. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judg- ment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 4. This act shall take effect immediately and shall expire and be deemed repealed June 30, 2016.