S T A T E O F N E W Y O R K
________________________________________________________________________
7507--A
2009-2010 Regular Sessions
I N A S S E M B L Y
April 14, 2009
___________
Introduced by M. of A. DINOWITZ, LANCMAN, MAISEL, MENG, BARRON -- read
once and referred to the Committee on Education -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the education law, in relation to enhancing parental and
community input into the New York city school system; and to repeal
certain provisions of such law relating to required training for
community school board members
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 2590-b of the education law is
amended by adding a new paragraph g to read as follows:
G. THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION SHALL INFORM THE
SPECIAL EDUCATION PARENT AND SCHOOL COMMUNITIES REGARDING, SOLICIT INPUT
INTO, AND ADVISE THE CHANCELLOR AND CITY BOARD ON, DECISIONS SUBJECT TO
THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE.
S 2. Paragraph 3 of subdivision 7 of section 2590-e of the education
law, as amended by chapter 123 of the laws of 2003, is amended to read
as follows:
(3) such training and continuing education programs shall be approved
by the [chancellor, following consultation with the commissioner]
BOROUGH PRESIDENT WITH JURISDICTION OVER THE DISTRICT EDUCATION COUNCIL,
and may be provided by THE BOROUGH PRESIDENT'S OFFICE, the state educa-
tion department, the city board, the chancellor or a nonprofit provider
authorized by the [chancellor] BOROUGH PRESIDENT to provide such train-
ing and continuing education programs.
S 3. Paragraph 3 of subdivision 7 of section 2590-e of the education
law, as amended by chapter 720 of the laws of 1996, is amended to read
as follows:
(3) such training and continuing education programs shall be approved
by the [chancellor, following consultation with the commissioner]
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10766-07-9
A. 7507--A 2
BOROUGH PRESIDENT WITH JURISDICTION OVER THE DISTRICT EDUCATION COUNCIL,
and may be provided by THE BOROUGH PRESIDENT'S OFFICE, the state educa-
tion department, the city board, the chancellor or a nonprofit provider
authorized by the [chancellor] BOROUGH PRESIDENT to provide such train-
ing and continuing education programs.
S 4. Subdivision 11 of section 2590-e of the education law, as added
by chapter 123 of the laws of 2003, is amended to read as follows:
11. Approve zoning lines, as submitted by the superintendent, consist-
ent with the regulations of the chancellor, applicable to schools under
the jurisdiction of the community district, CONSISTENT WITH THE REQUIRE-
MENTS OF THE UNIFORM PARENTAL ENGAGEMENT PROCEDURE SET FORTH IN SECTION
TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE.
S 5. Section 2590-e of the education law is amended by adding a new
subdivision 20 to read as follows:
20. INFORM THE DISTRICT'S PARENTAL AND SCHOOL COMMUNITIES REGARDING,
SOLICIT PUBLIC INPUT INTO, AND ADVISE THE CHANCELLOR AND CITY BOARD ON,
ACTIONS SUBJECT TO THE UNIFORM PARENT ENGAGEMENT PROCEDURE SET FORTH IN
SECTION TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE.
S 6. The opening paragraph of section 2590-g of the education law, as
amended by chapter 91 of the laws of 2002, is amended to read as
follows:
The city board shall advise the chancellor on matters of policy
affecting the welfare of the city school district and its pupils. The
board shall exercise no executive power and perform no executive or
administrative functions. Nothing herein contained shall be construed
to require or authorize the day-to-day supervision or the administration
of the operations of any school within the city school district of the
city of New York. The board shall have the power and duty to PERFORM THE
FOLLOWING FUNCTIONS, CONSISTENT WITH THE REQUIREMENTS OF SECTION TWEN-
TY-FIVE HUNDRED NINETY-T OF THIS ARTICLE:
S 7. The opening paragraph of section 2590-g of the education law, as
added by chapter 720 of the laws of 1996, is amended to read as follows:
The city board shall advise the chancellor on matters of policy
affecting the welfare of the city school district and its pupils. Except
as otherwise provided by law, the board shall exercise no executive
power and perform no executive or administrative functions. The board
shall have the power and duty to PERFORM THE FOLLOWING FUNCTIONS,
CONSISTENT WITH THE REQUIREMENTS OF SECTION TWENTY-FIVE HUNDRED NINETY-T
OF THIS ARTICLE:
S 8. The opening paragraph of section 2590-h of the education law, as
amended by chapter 91 of the laws of 2002, 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 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
authorizing such contract. The chancellor shall receive a salary to be
fixed by the mayor within the budgetary allocation therefor. He or she
shall exercise all his or her powers and duties in a manner not incon-
sistent with the city-wide educational policies of the city board. The
chancellor shall have the following powers and duties as the superinten-
dent of schools and chief executive officer for the city district, which
the chancellor shall exercise to promote an equal educational opportu-
nity 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
A. 7507--A 3
power and duty to PERFORM THE FOLLOWING FUNCTIONS, CONSISTENT WITH THE
REQUIREMENTS OF SECTION TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE:
S 9. The opening paragraph of section 2590-h of the education law, as
amended by chapter 720 of the laws of 1996, is amended to read as
follows:
The office of chancellor of the city district is hereby continued. It
shall be filled by a person employed by the city board by contract for a
term not to exceed by more than one year the term of office of the city
board authorizing such contract, subject to removal for cause. The chan-
cellor shall receive a salary to be fixed by the 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 policies of the
city board. The chancellor shall have the following powers and duties as
the superintendent of schools and chief executive officer for the city
district, which the chancellor shall exercise to promote an equal educa-
tional 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, includ-
ing the power and duty to PERFORM THE FOLLOWING FUNCTIONS, CONSISTENT
WITH THE REQUIREMENTS OF SECTION TWENTY-FIVE HUNDRED NINETY-T OF THIS
ARTICLE:
S 10. Subdivision 33 of section 2590-h of the education law is
REPEALED.
S 11. The education law is amended by adding a new section 2590-t to
read as follows:
S 2590-T. UNIFORM PARENTAL ENGAGEMENT PROCEDURE. NOTWITHSTANDING ANY
OTHER PROVISION OF THIS ARTICLE, CERTAIN ACTIONS BY THE CHANCELLOR, THE
CITY BOARD, AND THE COMMUNITY DISTRICT EDUCATION COUNCILS, DESCRIBED IN
THIS SECTION, MAY ONLY BE EFFECTUATED AFTER FULFILLING THE UNIFORM
PARENTAL ENGAGEMENT PROCEDURE, THE REQUIREMENTS OF WHICH ARE DESCRIBED
IN THIS SECTION.
1. ACTIONS BY DISTRICT EDUCATION COUNCILS. (A) APPROVAL OF ZONING
DISTRICT LINES, PURSUANT TO SUBDIVISION ELEVEN OF SECTION TWENTY-FIVE
HUNDRED NINETY-E OF THIS ARTICLE, SHALL BE REVIEWED PURSUANT TO THE
REQUIREMENTS OF THIS SUBDIVISION.
(B) BEFORE A DISTRICT EDUCATION COUNCIL EFFECTUATES ANY ACTION PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE CHANCELLOR SHALL FILE A
DESCRIPTION OF THE PROPOSAL OR PROPOSALS, CONTAINING SUFFICIENT INFORMA-
TION TO ENABLE INFORMED CONSIDERATION OF THE PROPOSALS, WITH THE
AFFECTED COMMUNITY DISTRICT EDUCATION COUNCIL.
(C) EACH AFFECTED COMMUNITY DISTRICT EDUCATION COUNCIL SHALL, NOT
LATER THAN FORTY-FIVE DAYS AFTER RECEIPT OF A PROPOSAL PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION, (I) NOTIFY THE PUBLIC OF THE APPLICATION,
SPECIFICALLY NOTIFYING ALL SCHOOL LEADERSHIP TEAMS DIRECTLY AFFECTED BY
THE PROPOSAL, AND SOLICIT PUBLIC INPUT, AND (II) EITHER (A) CONDUCT A
PUBLIC HEARING THEREON, PROVIDING AT LEAST TEN DAYS NOTICE OF THE HEAR-
ING IN THE CITY RECORD, OR (B) SUBMIT A WRITTEN WAIVER OF THE RIGHT TO
CONDUCT A PUBLIC HEARING; AND (III) ISSUE A WRITTEN RESOLUTION APPROVING
OR DISAPPROVING THE PROPOSAL.
2. ACTIONS BY THE CHANCELLOR. (A) THE FOLLOWING PROPOSED ACTIONS BY
THE CHANCELLOR SHALL BE REVIEWED PURSUANT TO A UNIFORM PARENTAL ENGAGE-
MENT PROCEDURE: (I) ESTABLISHING A SCHOOL OR PROGRAM WITHIN A COMMUNITY
DISTRICT; (II) DISCONTINUING A SCHOOL OR PROGRAM WITHIN A COMMUNITY
DISTRICT; (III) SUBSTANTIALLY EXPANDING OR REDUCING AN EXISTING SCHOOL
OR PROGRAM WITHIN A COMMUNITY DISTRICT; AND (IV) INITIALLY UTILIZING A
COMMUNITY DISTRICT SCHOOL OR FACILITY FOR A NEW SCHOOL OR PROGRAM.
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(B) BEFORE EFFECTUATING ANY ACTION LISTED IN PARAGRAPH (A) OF THIS
SUBDIVISION, THE CHANCELLOR SHALL FILE A DESCRIPTION OF THE PROPOSAL,
CONTAINING SUFFICIENT INFORMATION TO ENABLE INFORMED CONSIDERATION OF
THE PROPOSAL, WITH THE AFFECTED COMMUNITY DISTRICT EDUCATION COUNCIL. IN
THE CASE OF ACTIONS AFFECTING MORE THAN ONE DISTRICT, INFORMATION SHALL
BE FILED WITH ALL AFFECTED DISTRICT EDUCATION COUNCILS AND ALSO WITH THE
BOROUGH EDUCATION COUNCIL. IN THE CASE OF PROPOSALS AFFECTING SPECIAL
EDUCATION SERVICES OR FACILITIES, THE PROPOSAL SHALL ALSO BE REFERRED TO
THE CITYWIDE COUNCIL ON SPECIAL EDUCATION.
(C) EACH AFFECTED DISTRICT EDUCATION COUNCIL, BOROUGH EDUCATION COUN-
CIL, OR SPECIAL EDUCATION COUNCIL SHALL, NOT LATER THAN FORTY-FIVE DAYS
AFTER RECEIPT OF A PROPOSAL PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVI-
SION, (I) NOTIFY THE PUBLIC OF THE APPLICATION, SPECIFICALLY NOTIFYING
ALL SCHOOL LEADERSHIP TEAMS DIRECTLY AFFECTED BY THE PROPOSAL, SOLICIT-
ING INPUT THEREON; AND (II) EITHER (A) CONDUCT A PUBLIC HEARING THEREON,
PROVIDING AT LEAST TEN DAYS NOTICE OF THE HEARING IN THE CITY RECORD,
AND PREPARE AND SUBMIT WRITTEN COMMENTS DIRECTLY TO THE CHANCELLOR, OR
(B) SUBMIT A WRITTEN WAIVER OF THE RIGHT TO CONDUCT A PUBLIC HEARING AND
TO SUBMIT SUCH WRITTEN COMMENT. IF AN AFFECTED COUNCIL OR COUNCILS
FAILS TO CONDUCT A PUBLIC HEARING OR TO PROVIDE WRITTEN COMMENT TO THE
CHANCELLOR WITHIN FORTY-FIVE DAYS AFTER RECEIPT OF A PROPOSAL PURSUANT
TO PARAGRAPH (A) OF THIS SUBDIVISION, SUCH COUNCIL OR COUNCILS WILL BE
DEEMED TO HAVE WAIVED THE RIGHT TO CONDUCT A PUBLIC HEARING AND TO
SUBMIT SUCH WRITTEN COMMENT.
(D) THE CHANCELLOR SHALL NOT EFFECTUATE ANY ACTION PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION BEFORE THE COMMUNITY INPUT REQUIREMENTS OF
PARAGRAPH (C) OF THIS SUBDIVISION HAVE BEEN SATISFIED. WHEN EFFECTUATING
ANY ACTION SUBJECT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE CHANCELLOR
SHALL PROVIDE TO THE AFFECTED COMMUNITY DISTRICT EDUCATION COUNCIL OR
CITYWIDE COUNCIL A WRITTEN RESPONSE TO THE COMMUNITY DISTRICT EDUCATION
COUNCIL'S COMMENTS.
3. ACTIONS BY THE CITY BOARD. (A) THE FOLLOWING PROPOSED ACTIONS BY
THE CITY BOARD SHALL BE REVIEWED PURSUANT TO THE REQUIREMENTS OF THIS
SECTION:
(I) ACTIONS TAKEN PURSUANT TO SUBDIVISION ONE OF SECTION TWENTY-FIVE
HUNDRED NINETY-G OF THIS ARTICLE.
(II) APPROVAL OF THE FIVE-YEAR CAPITAL PLAN.
(B) BEFORE EFFECTUATING ANY ACTION PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION, THE CHANCELLOR SHALL FILE A DESCRIPTION OF THE PROPOSAL,
CONTAINING SUFFICIENT INFORMATION TO ENABLE INFORMED CONSIDERATION OF
THE PROPOSAL, WITH ALL BOROUGH EDUCATION COUNCILS, AND THE CITYWIDE
COUNCIL ON SPECIAL EDUCATION.
(C) EACH COUNCIL SHALL, NOT LATER THAN FORTY-FIVE DAYS AFTER RECEIPT
OF A PROPOSAL PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, HAVE THE
OPTION TO PREPARE AND SUBMIT WRITTEN COMMENTS TO THE CITY BOARD.
(D) THE CITY BOARD SHALL NOT EFFECTUATE ANY ACTION PURSUANT TO PARA-
GRAPH (A) OF THIS SUBDIVISION BEFORE THE COMMUNITY INPUT REQUIREMENTS OF
PARAGRAPH (C) OF THIS SUBDIVISION HAVE BEEN SATISFIED. WHEN EFFECTUATING
ANY ACTION SUBJECT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE CITY BOARD
SHALL ISSUE A RESOLUTION WHICH RESPONDS TO ANY INPUT RECEIVED FROM THE
COUNCILS.
S 12. The education law is amended by adding a new section 2590-u to
read as follows:
S 2590-U. POWERS AND DUTIES OF THE BOROUGH PRESIDENTS. EACH BOROUGH
PRESIDENT OF THE CITY OF NEW YORK SHALL HAVE THE POWER AND THE DUTY TO:
A. 7507--A 5
1. SUPPORT THE DISTRICT EDUCATION COUNCILS IN THE PERFORMANCE OF THEIR
DUTIES.
2. MAINTAIN EDUCATIONAL POLICY STAFF AND COMMUNITY LIAISONS TO PROVIDE
TECHNICAL AND OPERATIONAL ASSISTANCE TO THE DISTRICT EDUCATION COUNCILS
WITHIN THE BOROUGH.
3. REQUIRE DISTRICT EDUCATION COUNCIL MEMBERS TO PARTICIPATE IN TRAIN-
ING AND RETRAINING IN ORDER TO PROMOTE DISTRICT AND SCHOOL PERFORMANCE
AND STUDENT ACHIEVEMENT, AS A CONTINUING CONDITION FOR MEMBERSHIP.
4. PUBLICIZE OPPORTUNITIES TO SERVE ON DISTRICT EDUCATION COUNCILS,
ENCOURAGE HIGH PARTICIPATION IN DISTRICT EDUCATION COUNCIL ELECTIONS,
AND RECRUIT QUALIFIED CANDIDATES TO SERVE IN APPOINTED DISTRICT EDUCA-
TION COUNCIL POSITIONS.
5. FOSTER STRONG COLLABORATION AND COMMUNICATION BETWEEN DISTRICT
EDUCATION COUNCILS AND NEW YORK CITY COMMUNITY BOARDS ON MATTERS OF
COMMON INTEREST.
6. CHAIR THE BOROUGH EDUCATION COUNCIL PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-V OF THIS ARTICLE.
S 13. The education law is amended by adding a new section 2590-v to
read as follows:
S 2590-V. BOROUGH EDUCATION COUNCIL. 1. THERE SHALL BE IN EACH BOROUGH
A BOARD TO BE KNOWN AS THE BOROUGH EDUCATION COUNCIL WHICH SHALL CONSIST
OF THE BOROUGH PRESIDENT AND THE CITY COUNCIL MEMBERS FROM SUCH BOROUGH,
AND THE PRESIDENTS OF EACH BOROUGH'S DISTRICT EDUCATION COUNCILS. THE
BOROUGH PRESIDENT SHALL BE THE CHAIRPERSON OF SUCH COUNCIL, WHICH SHALL
HAVE THE POWER TO HOLD PUBLIC HEARINGS AT STATED INTERVALS IN THE
BOROUGH AND REPORT TO THE CHANCELLOR AND THE CITY BOARD ON EDUCATIONAL
PROGRAMS AND PROPOSED CAPITAL PROJECTS WITHIN THE BOROUGH. THE BOROUGH
PRESIDENT, THE COUNCIL MEMBERS FROM THE BOROUGH AND THE PRESIDENTS OF
THE DISTRICT EDUCATION COUNCILS IN THE BOROUGH SHALL BE VOTING MEMBERS
OF THE BOROUGH EDUCATION COUNCIL BUT A MEMBER FROM A DISTRICT EDUCATION
COUNCIL SHALL VOTE ONLY ON ISSUES THAT DIRECTLY AFFECT THE COMMUNITY
DISTRICT REPRESENTED BY SUCH MEMBER. THE BOROUGH EDUCATION COUNCIL SHALL
EMPLOY TECHNICAL AND CLERICAL ASSISTANCE WITHIN APPROPRIATIONS FOR SUCH
PURPOSES, AND THE BOROUGH PRESIDENT SHALL PROVIDE NECESSARY ADDITIONAL
STAFF ASSISTANCE.
2. EACH BOROUGH EDUCATION COUNCIL SHALL:
(A) COOPERATE WITH DISTRICT EDUCATION COUNCIL MEMBERS AND CITY AGEN-
CIES WITH RESPECT TO MATTERS RELATING TO THE EDUCATIONAL NEEDS OF THE
BOROUGH AND ITS RESIDENTS;
(B) IN ITS DISCRETION HOLD OR CONDUCT PUBLIC OR PRIVATE HEARINGS;
(C) ADOPT BY-LAWS AND MEET AT LEAST ONCE A MONTH BUT NO FORMAL ACTION
OF THE BOROUGH EDUCATION COUNCIL SHALL BE TAKEN EXCEPT AT A MEETING OPEN
TO THE PUBLIC;
(D) REVIEW AND MAKE RECOMMENDATIONS WITH RESPECT TO PROPOSALS SUBJECT
TO THE UNIFORM PARENTAL ENGAGEMENT PROCEDURE THAT AFFECT MORE THAN ONE
SCHOOL DISTRICT;
(E) GIVE NOTICE OF ALL ITS PUBLIC MEETINGS AND HEARINGS, AND MAKE SUCH
MEETINGS AND HEARINGS AVAILABLE FOR BROADCASTING AND CABLECASTING;
(F) KEEP A PUBLIC RECORD OF ITS ACTIVITIES AND TRANSACTIONS, INCLUDING
MINUTES OF MEETINGS, MAJORITY AND MINORITY REPORTS, BY-LAWS, AND ALL
DOCUMENTS WHICH THE COUNCIL IS REQUIRED BY LAW TO REVIEW; SUCH DOCUMENTS
SHALL, IN ACCORDANCE WITH LAW, BE MADE AVAILABLE TO ELECTED OFFICIALS
UPON REQUEST AND FOR REASONABLE PUBLIC INSPECTION; AND
(G) OTHERWISE CONSIDER THE NEEDS OF THE BOROUGH'S SCHOOLS AND EDUCA-
TIONAL SYSTEM.
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3. A MAJORITY OF THE MEMBERS OF ANY BOROUGH EDUCATION COUNCIL ENTITLED
TO VOTE ON A MATTER BEFORE SUCH COUNCIL SHALL CONSTITUTE A QUORUM OF
SUCH COUNCIL FOR ACTION ON SUCH COUNCIL.
4. WHENEVER ANY ACT IS AUTHORIZED TO BE DONE OR ANY DETERMINATION OR
DECISION MADE BY ANY BOROUGH EDUCATION COUNCIL, THE ACT, DETERMINATION
OR DECISION OF THE MAJORITY OF THE MEMBERS PRESENT ENTITLED TO VOTE
DURING THE PRESENCE OF A QUORUM, SHALL BE HELD TO BE THE ACT, DETERMI-
NATION OR DECISION OF SUCH COUNCIL.
5. ANY BOROUGH EDUCATION COUNCIL MAY ADOPT RULES PERMITTING A MEMBER
TO DESIGNATE A REPRESENTATIVE TO EXERCISE ALL THE POWER OF SUCH MEMBER
AS A MEMBER OF THE BOROUGH EDUCATION COUNCIL. SUCH A REPRESENTATIVE
SHALL BE CONSIDERED A MEMBER OF THE COUNCIL FOR THE PURPOSE OF DETERMIN-
ING A QUORUM OF THE BOROUGH EDUCATION COUNCIL.
S 14. This act shall take effect immediately; provided however that:
a. the amendments to subdivision 4 of section 2590-b of the education
law made by section one of this act shall not affect the repeal of such
subdivision and shall expire and be deemed repealed therewith;
b. the amendments to paragraph 3 of subdivision 7 of section 2590-e of
the education law made by section two of this act shall be subject to
the expiration and reversion of such subdivision pursuant to chapter 123
of the laws of 2003, as amended, when upon such date the provisions of
section three of this act shall take effect;
c. the amendments to subdivision 11 of section 2590-e of the education
law made by section four of this act shall not affect the repeal of such
subdivision and shall be deemed repealed therewith;
d. the amendments to section 2590-e of the education law made by
section five of this act shall survive the expiration and reversion of
such section as provided in section 17 of chapter 123 of the laws of
2003, as amended;
e. the amendments to section 2590-g of the education law made by
section six of this act shall be subject to the expiration and reversion
of such section pursuant to chapter 91 of the laws of 2002, as amended,
when upon such date the provisions of section seven of this act shall
take effect; and
f. the amendments to section 2590-h of the education law made by
section eight of this act shall be subject to the expiration and rever-
sion of such section pursuant to chapter 91 of the laws of 2002, as
amended, when upon such date the provisions of section nine of this act
shall take effect.