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

                                  9510

                          I N  A S S E M B L Y

                             January 7, 2010
                               ___________

Introduced  by  M.  of  A.  CAHILL,  HOYT,  McENENY,  MOLINARO,  REILLY,
  PEOPLES-STOKES, SCHROEDER, SKARTADOS, STIRPE, THIELE,  CONTE,  CALHOUN
  --  Multi-Sponsored  by  -- M. of A.   AMEDORE, BRENNAN, KOON, MARKEY,
  QUINN, TEDISCO -- read once and referred to the Committee on Education

AN ACT in relation to establishing the commission on  education  in  the
  twenty-first  century; 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. Commission established. (a) There is hereby created in the
executive department a commission to be  known  as  the  "commission  on
education  in  the  twenty-first  century", hereafter referred to as the
"commission", which shall be charged with examining the system of school
districts and the delivery of education related  services  in  New  York
state  and  recommending  changes  to  that  system  in light of factors
submitted pursuant to section  four  of  this  act  and  any  additional
factors established by the commission.
  (b)  The  commission  shall consist of eighteen statewide members, and
regional members appointed pursuant to section  six  of  this  act.  The
eighteen  statewide  members  shall  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)
ten members shall be appointed by the board of  regents.  The  board  of
regents  shall  designate  the chair from among the statewide members of
the commission.
  (c) 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 17 of the public officers law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15046-02-0
              

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  (d) The commission shall begin to act forty-five days after  this  act
shall  have  become  a  law. A quorum shall consist of a majority of the
members of the commission entitled to vote on the matter under consider-
ation. Approval of any matter shall require the affirmative  vote  of  a
majority of the members voting thereon.
  (e)  The  statewide  members of the commission shall adopt by-laws for
the management and regulation of its affairs.
  S 2. Appointments to  commission.  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 act becomes a law. If any such appointment is not made
by such date, the person or board responsible for making the appointment
pursuant to subdivision (b) of section one of  this  act  may  make  the
appointment  after that date, but the vacant appointment shall not count
for calculation of a quorum until it is filled. Vacancies in the commis-
sion shall be filled in the same manner as the member whose  vacancy  is
being filled was appointed.
  S  3.  Commission  staff  and  agency liaison. (a) The commissioner of
education shall designate such employees of the state education  depart-
ment  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 consultants, who shall be paid from amounts
available to the commission for that purpose.
  (b) The commissioner of education shall appoint one or more  represen-
tatives  of the department of education to serve as liaison between such
department and the commission. All state  agencies,  public  authorities
and  public benefit corporations shall provide such assistance as may be
reasonably requested by the chair of the commission.
  S 4. Factors and information for consideration. (a)  The  commissioner
of  education  shall submit to the commission, no later than ninety days
after this act becomes a law, a list of factors to be considered in  its
deliberations, which shall include but not be limited to: (i) geography,
including  physical  proximity  and  the  size  of  the  current  school
districts and boards of cooperative educational services in each  region
of the state; (ii) demographics, including student enrollment trends and
the  composition  and  nature  of  communities  in  the  current  school
districts and boards of cooperative educational services in each  region
of  the  state; (iii) economics, including existing collaborations to be
preserved or enhanced  and  opportunities  to  deliver  commodities  and
services  through  boards  of  cooperative educational services or other
entities; (iv) transportation and the potential for regional transporta-
tion services; (v) special education  and  the  potential  for  regional
special  education  services;  (vi)  population density; and (vii) other
unique circumstances including the need to preserve existing or develop-
ing relationships, meet the  needs  of  students,  maximize  educational
opportunities for students, assure local control, maintain the character
of  community  schools  and ensure equitable access to rigorous programs
for all students.
  (b) The commissioner  of  education  may  submit  additional  relevant
factors  to  be  considered  in the deliberations of the commission. The
commission may also adopt additional factors to  be  considered  in  its
deliberations.
  S  5.  Deliberations  of  commission.  The deliberations, meetings and
other proceedings of the commission and any committee thereof  shall  be
governed  by  article  7  of  the  public  officers law. Any one or more
members of a committee may participate in a meeting of such committee by

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means of a conference telephone, conference video  or  similar  communi-
cations  equipment  allowing all persons participating in the meeting to
hear each other at the same time.   Participation by  such  means  shall
constitute  presence  in  person  at  a  meeting. At any meetings of the
commission conducted by means  of  a  conference  telephone,  conference
video   or   similar  communications  equipment,  other  than  executive
sessions, the public shall be given an opportunity to listen. If a meet-
ing other than an executive session is to be conducted  by  means  of  a
conference  telephone, conference video or similar communications equip-
ment, the public notice for the meeting shall  inform  the  public  that
such  equipment will be used, and identify the means by which the public
may listen to such meeting.
  S 6. Regional input. (a) There shall be eight regional members of  the
commission  for  each  region  established pursuant to this section. For
each region, two regional members shall be appointed  by  the  governor,
two  regional  members  shall be appointed by the temporary president of
the senate, two regional members shall be appointed by  the  speaker  of
the  assembly,  and two regional members shall be appointed by the board
of regents. Regional members shall be considered to be  members  of  the
commission for purposes of this act, provided that:
  (i)  Regional  members  shall  vote and be counted for quorum purposes
only when the commission is acting on recommendations relating solely to
the regional members' respective region; and
  (ii) Regional members shall not be considered to  be  members  of  the
commission  for purposes of participation in commission meetings, except
where items relating specifically to that member's  region  are  on  the
agenda of a commission meeting.
  (b) For purposes of this act, there shall be six regions:
  (i) Long Island, consisting of the Eastern Suffolk, Nassau and Western
Suffolk boards of cooperative educational services;
 (ii) New York City;
  (iii)  Hudson  Valley,  consisting  of  the  Dutchess,  Orange-Ulster,
Putnam-Northern Westchester, Rockland,  Southern  Westchester,  Sullivan
and Ulster boards of cooperative educational services;
  (iv)  Eastern, consisting of the Capital Region, Clinton-Essex-Warren-
Washington,  Delaware-Chenango-Madison-Otsego,  Franklin-Essex-Hamilton,
Hamilton-Fulton-Montgomery,   Otsego-Delaware-Schoharie-Greene,  Questar
III, St.  Lawrence-Lewis  and  Washington-Saratoga-Warren-Hamilton-Essex
boards of cooperative educational services;
  (v)  Central, consisting of the Broome-Tioga, Cayuga-Onondaga, Jeffer-
son-Lewis-Hamilton-Herkimer-Oneida,     Herkimer-Hamilton-Fulton-Oswego,
Madison-Oneida,    Oneida-Herkimer-Madison,   Onondaga-Cortland-Madison,
Oswego, Schuyler, Chemung, Tioga  and  Tompkins-Seneca-Tioga  boards  of
cooperative educational services;
  (vi)  Western,  consisting  of  the Cattaraugus-Allegany-Erie-Wyoming,
Erie 1, Erie 2-Chautauqua-Cattaraugus, Genesee Valley, Monroe 1,  Monroe
2-Orleans, Ontario-Seneca-Yates-Cayuga-Wayne, Orleans-Niagara and Great-
er Southern Tier boards of cooperative educational services.
  (c)  The  commission shall establish a regional advisory committee for
each region. The maximum number of members  of  each  regional  advisory
committee  shall  be  determined  by  the  commission.  Members  of each
regional advisory committee shall be appointed in equal numbers  by  the
governor,  the  temporary  president  of  the senate, the speaker of the
assembly and the board of regents. The governor, the temporary president
of the senate, the speaker of the assembly, and  the  board  of  regents
shall  submit to the commission their appointments to the regional advi-

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sory committees no later than ninety days  after  this  act  shall  have
become  a  law.  If  any  such appointment is not made by such date, the
person or board responsible for making such  appointment  may  make  the
appointment  after that date, but the vacant appointment shall not count
for calculation of a quorum until such position is filled.  Vacancies in
regional advisory committees shall be filled in the same manner  as  the
member  whose  vacancy is being filled was appointed. The regional advi-
sory committees shall begin to act ninety days after this act shall have
become a law.
  (d) Each regional advisory committee upon consideration of  demograph-
ic,  geographic,  educational and fiscal indicators within each board of
cooperative educational services region, shall  develop  recommendations
for  reconfiguring  such  region's  school  districts and administrative
functions to align educational services with regional and  local  needs.
In  carrying  out  its  functions,  a  regional advisory committee shall
foster discussions among, and conduct formal public hearings with requi-
site public notice to solicit input from, local stakeholders  interests,
including  but  not limited to, school district administrators, district
superintendents and superintendents of schools, teachers,  school  board
members,  parents,  students,  non-pedagogical school support personnel,
representatives from post-secondary  institutions  and  other  pertinent
groups and individuals. In developing its recommendations, each regional
advisory committee shall as far as practicable estimate the efficiencies
that  may  be derived from such school district or administrative recon-
figuration. On November 15, 2011, each regional advisory committee shall
transmit to the commission  a  report  containing  its  recommendations,
which  shall  include  specific  recommendations for school district and
administrative reconfigurations. Such recommendations shall include  but
not be limited to: delivery of commodities and services; pupil transpor-
tation;  specialized  professional  development;  maintenance; insurance
procurement; payroll administration; human resources and employee  bene-
fit coordination; cooperative purchasing coordination; centralization of
business  operations;  printing  services;  state aid planning; textbook
purchasing and substitute teacher coordination; safety and risk  manage-
ment; the units of school administration to be included in the reconfig-
ured  school  district;  the units of school administration that will be
transferred to the board  of  cooperative  educational  services;  size,
composition  and  apportionment  of the governing body; the composition,
powers and duties of any local school  committees  to  be  created;  the
disposition  of  real  and  personal school property; the disposition of
existing school  indebtedness  and  lease-purchase;  the  assignment  of
school  personnel contracts, school collective bargaining agreements and
other school contractual obligations; the disposition of existing school
funds and existing financial obligations,  including  undesignated  fund
balances,  trust  funds,  reserve funds and other funds appropriated for
school purposes; a transition plan that addresses the development  of  a
budget  for  the  first  school  year and interim personnel policies; an
estimate of the cost savings to be achieved through reconfiguration  and
how  costs  will  be  reduced;  recommended  dates by which such actions
should occur; necessary investments, if any, that should be made in each
case to carry out the regional advisory committee's recommendations; and
the regional advisory committee's justification for its recommendations,
including the use of any factors developed pursuant to section  four  of
this act.

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  (e)  The  failure  of  any  regional advisory committee to perform the
duties imposed by this section shall not affect the  obligation  of  the
commission to perform the duties imposed by section seven of this act.
  S  7.  Commission  recommendations. (a) The commission, upon consider-
ation of demographic,  geographic,  educational  and  fiscal  indicators
within  each  board  of  cooperative  educational services region, shall
develop recommendations for reconfiguring school districts and  adminis-
trative  functions to align educational services with regional and local
needs.  In carrying out its functions, the commission shall  collaborate
with  the  regional advisory committees insofar as practicable to foster
discussions among, and conduct formal  public  hearings  with  requisite
public  notice  to  solicit input and recommendations from statewide and
regional stakeholder interests  including  but  not  limited  to  school
district administrators, district superintendents and superintendents of
schools, teachers, school board members, parents, students, non-pedagog-
ical  school  support  personnel,  representatives  from  post-secondary
institutions and other pertinent groups and individuals.  The commission
shall formally solicit recommendations from school district  administra-
tors, district superintendents and superintendents of schools, teachers,
school  board members, parents, students, non-pedagogical school support
personnel, representatives from post-secondary  institutions  and  other
interested  parties  in each region of the state, and it shall take into
account such recommendations and the  recommendations  of  the  regional
advisory  committees  during its deliberations. In developing its recom-
mendations, the commission shall as  far  as  practicable  estimate  the
efficiencies  that may be derived from such school district and adminis-
trative reconfiguration, and shall consider the recommendations  of  the
regional advisory committees.
  (b)  The  commission  shall  make  recommendations  relating to school
district and administrative reconfiguration,  within  each  region.  The
regional commission members shall vote as members of the commission only
when  the commission is acting on recommendations relating solely to the
regional commission members' region.
  (c) Such recommendations shall include but not be limited to: delivery
of commodities and services; pupil transportation;  specialized  profes-
sional development; maintenance; insurance procurement; payroll adminis-
tration;  human resources and employee benefit coordination; cooperative
purchasing coordination; centralization of business operations; printing
services; state aid planning; textbook purchasing and substitute teacher
coordination; safety and risk management; the units of  school  adminis-
tration to be included in the reconfigured school district; the units of
school  administration  that will be transferred to the board of cooper-
ative educational services; size, composition and apportionment  of  the
governing  body;  the composition, powers and duties of any local school
committees to be created; the disposition of real  and  personal  school
property; the disposition of existing school indebtedness and lease-pur-
chase;  the  assignment of school personnel contracts, school collective
bargaining agreements and  other  school  contractual  obligations;  the
disposition of existing school funds and existing financial obligations,
including  undesignated  fund  balances,  trust funds, reserve funds and
other funds appropriated for school purposes;  a  transition  plan  that
addresses  the  development  of  a  budget for the first school year and
interim personnel policies; an  estimate  of  the  cost  savings  to  be
achieved  through  reconfiguration and how costs will be reduced; recom-
mended dates by which such actions should occur; necessary  investments,
if  any,  that should be made in each case to carry out the commission's

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recommendations; the commission's response to the recommendations of the
regional advisory committees; and the commissioner's  justification  for
its  recommendations,  including  the  use  of  the  factors pursuant to
section four of this act.
  (d)  On  or  before December 1, 2011, the commission shall transmit to
the governor and the legislature a  report  containing  its  recommenda-
tions, which shall include specific recommendations for school districts
to  be  reconfigured  and  specific  recommendations  for administrative
services  to  be  transferred  to  boards  of  cooperative   educational
services.  Upon  the  transmission of the report to the governor and the
legislature the commission shall be dissolved.
  S  8.  Implementation  of  recommendations.  (a)  Notwithstanding  any
contrary provision of law, rule or regulation related to the reconfigur-
ing  of school districts and administrative services the commissioner of
education shall take all actions necessary to implement,  in  a  reason-
able,  cost-efficient  manner,  the  recommendations  of  the commission
pursuant to subdivisions (b) and (c) of section seven of this act.  Such
school  districts  and  boards of cooperative educational services shall
submit to the commissioner of education, at a time  and  in  a  form  as
determined  by  the  commissioner  of  education,  an acceptable plan of
reconfiguration in accordance with applicable regulations.
  (b) The provisions of subdivision (a) of this section shall not apply:
(i) unless the governor has transmitted the  commission's  report  under
section seven of this act with his or her written approval of the recom-
mendations  of  the  commission  pursuant to subdivisions (b) and (c) of
section seven of this act to the commissioner of education and transmit-
ted a message to the legislature stating his  or  her  approval  of  the
report  on  or  before  December  5, 2011; and (ii) if a majority of the
members of each house of the legislature  vote  to  adopt  a  concurrent
resolution  rejecting  the recommendations of the commission pursuant to
subdivisions (b) and (c) of section seven of this act in their  entirety
by  December 31, 2011, after receiving a message from the governor under
this subdivision. In no event shall the commissioner of education  begin
to  implement the recommendations of the commission pursuant to subdivi-
sions (b) and (c) of section seven of this act  prior  to  December  31,
2011.
  S  9.  The  commission shall be authorized and entitled to receive any
grants offered pursuant to section 54 of the state finance law.
  S 10. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  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 11. This act shall take effect immediately and shall expire  and  be
deemed repealed June 30, 2013.