NY State Senate Bill 2009-S3912

Senate Bill S3912

2009-2010 Legislative Session

Relates to enhancing parental and community input into the New York city school system; repealer

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Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Apr 23, 2009	print number 3912b
Apr 23, 2009	amend and recommit to education
Apr 22, 2009	print number 3912a
Apr 22, 2009	amend and recommit to education
Apr 03, 2009	referred to education

Bill Amendments

Original

B (Active)

2009-S3912 - Details

Current Committee:: Senate Education

2009-S3912 - Summary

Relates to enhancing parental and community input into the New York City school system; enacts uniform parental engagement procedures for actions by district education councils, the chancellor and city boards; creates a borough education council.

2009-S3912 - Sponsor Memo

                                 BILL NUMBER:  S3912

 TITLE OF BILL :

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


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would address one of the most generally acknowledged
concerns with New York City's school governance system - the need to
improve parental and community input. The bill would reform and
empower Community Education Councils (CECs) and the City-wide Council
on Special Education, which were envisioned to be the voice of parents
in the system, by modeling them after New York City's Community Boards
in two important respects. First, it would transfer responsibility for
training and supporting CECs to an authority independent from the
Department of Education - the City's five borough presidents. Second,
it would establish a Uniform Parental Engagement Procedure (UPEP),
analogous to the City's Uniform Land Use Review Procedure (ULURP), to
provide regular, formal timelines for public review and input into
educational decisions.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this legislation amends the section of the law governing
the citywide council on special education, to add to the council's
duties and responsibilities the responsibility to review proposals
subject to UPEP, notify the community regarding such proposals, and
advise the chancellor and the panel for educational policy regarding
such proposals.

Section 2 and 3 amend the sections of the law governing Community
Education Councils (CECs) to give borough presidents, rather than the
chancellor, the primary responsibility for training CEC members.

Section 4 amends the section of the law governing CECs to state that
CECs must exercise their authority subject to UPEP.

Section 5 amends the section of the law governing CECs, to add to
their duties and responsibilities the responsibility to renew
proposals subject to UPEP, to notify the community regarding such
proposals, and to advise the chancellor and the panel for educational
policy regarding such proposals.

Sections 6 and 7 amend the sections of law governing the city board to
require the city board to exercise its authority subject to UPEP.

Sections 8 and 9 amend the sections of law governing the Chancellor to
state that the Chancellor must exercise his or her authority subject
to UPEP.

Section 10 amends the section of the law governing the Chancellor to
remove the Chancellor's duty to provide training to CEC members, so
that this duty can be transferred to the borough presidents.

Section 11 adds a new section to the education law creating UPEP,
providing timelines for public review and input into decisions by the
CECs, the Chancellor, and the Panel for Educational Policy.

Section 12 adds a new section to the education law describing the
duties and responsibilities of the borough presidents under the
reformed system.
Section 13 adds a new section to the education law creating the
borough education council, a panel analogous to the city's borough
board, to be composed of each borough's borough president, city
council members, and CEC presidents, and spells out the council's
duties and responsibilities.

Section 14 provides that the act shall take effect immediately.

 JUSTIFICATION :

The Legislature and Governor overhauled New York City's school
governance system in 2002 and in the process abolished Community
School Boards. To replace School Boards, the Legislature and Governor
acted to create Community Education Councils (CECs) in 2003 to
"provide an opportunity for meaningful participation for both parents
and the community." Since 2003, a significant consensus has emerged
that the current system of parental and community input has not
succeeded and is in need of structural repair.

CEC's, unlike the more successful model of New York City Community
Boards, have not been independently empowered to be the effective
voices of the City's parent and public school communities.  There are
two structural reasons for this. First, compared to Community Boards,
the CEC's authority is undermined by the lack of independence. CECs
are wholly dependent upon the Department of Education for the
training, resources and support - as opposed to Community Boards,
which have an independently elected executive official, the Borough
President, available to support their activities.  Second, compared to
Community Boards, CECs have been unable to define their role in
educational decision-making because they lack a procedural roadmap for
influencing policy decisions, or a timeline for providing input.
Community Boards, on the other hand, have a formal advisory role, with
specific timeline in numerous City process such as the Uniform Land
Use Review Procedure (ULURP).

Therefore, Community Education Councils should be reformed and
empowered by modeling them after New York City Community Boards in two
important respects: First, CECs should be given greater independence
from the Department of Education by giving the city's five borough
presidents a stronger role training, supporting and promoting the CECs
in their boroughs, as they currently do for the Community Boards in
their borough. Second, State law should establish a formal process for
CEC review and input into educational decisions - the Uniform Parental
Engagement Procedure (UPEP).

In fact, only by empowering truly independent input from parents and
community leaders will the Department of Education be able to command
broad support for its initiatives and its direction. For the benefit
of the City's school children and the City's future, Community
Education Councils must be reformed and empowered to provide the voice
that public school parents need and deserve.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3912 - Bill Text download pdf

2009-S3912A - Details

Current Committee:: Senate Education

2009-S3912A - Summary

2009-S3912A - Sponsor Memo

                                 BILL NUMBER:  S3912A

 TITLE OF BILL :

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


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would address one of the most generally acknowledged
concerns with New York City's school governance system - the need to
improve parental and community input. The bill would reform and
empower Community Education Councils (CECs) and the City-wide Council
on Special Education, which were envisioned to be the voice of parents
in the system, by modeling them after New York City's Community Boards
in two important respects. First, it would transfer responsibility for
training and supporting CECs to an authority independent from the
Department of Education - the City's five borough presidents. Second,
it would establish a Uniform Parental Engagement Procedure (UPEP),
analogous to the City's Uniform Land Use Review Procedure (ULURP), to
provide regular, formal timelines for public review and input into
educational decisions.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this legislation amends the section of the law governing
the citywide council on special education, to add to the council's
duties and responsibilities the responsibility to review proposals
subject to UPEP, notify the community regarding such proposals, and
advise the chancellor and the panel for educational policy regarding
such proposals.

Section 2 and 3 amend the sections of the law governing Community
Education Councils (CECs) to give borough presidents, rather than the
chancellor, the primary responsibility for training CEC members.

Section 4 repeals section 2590-e of the education law.

Section 5 amends the section of the law governing CECs, to add to
their duties and responsibilities the responsibility to renew
proposals subject to UPEP, to notify the community regarding such
proposals, and to advise the chancellor and the panel for educational
policy regarding such proposals.

Sections 6 and 7 amend the sections of law governing the city board to
require the city board to exercise its authority subject to UPEP.

Sections 8 and 9 amend the sections of law governing the Chancellor to
state that the Chancellor must exercise his or her authority subject
to UPEP.

Section 10 amends the section of the law governing the Chancellor to
remove the Chancellor's duty to provide training to CEC members, so
that this duty can be transferred to the borough presidents.

Section 11 adds a new section to the education law creating UPEP,
providing timelines for public review and input into decisions by the
CECs, the Chancellor, and the Panel for Educational Policy.

Section 12 adds a new section to the education law describing the
duties and responsibilities of the borough presidents under the
reformed system.

Section 13 adds a new section to the education law creating the
borough education council, a panel analogous to the city's borough
board, to be composed of each borough's borough president, city
council members, and CEC presidents, and spells out the council's
duties and responsibilities.

Section 14 provides that the act shall take effect immediately.

 JUSTIFICATION :

The Legislature and Governor overhauled New York City's school
governance system in 2002 and in the process abolished Community
School Boards. To replace School Boards, the Legislature and Governor
acted to create Community Education Councils (CECs) in 2003 to
"provide an opportunity for meaningful participation for both parents
and the community." Since 2003, a significant consensus has emerged
that the current system of parental and community input has not
succeeded and is in need of structural repair.

CEC's, unlike the more successful model of New York City Community
Boards, have not been independently empowered to be the effective
voices of the City's parent and public school communities. There are
two structural reasons for this. First, compared to Community Boards,
the CEC's authority is undermined by the lack of independence. CECs
are wholly dependent upon the Department of Education for the
training, resources and support - as opposed to Community Boards,
which have an independently elected executive official, the Borough
President, available to support their activities. Second, compared to
Community Boards, CECs have been unable to define their role in
educational decision-making because they lack a procedural roadmap for
influencing policy decisions, or a timeline for providing input.
Community Boards, on the other hand, have a formal advisory role, with
specific timeline in numerous City process such as the Uniform Land
Use Review Procedure (ULURP).

Therefore, Community Education Councils should be reformed and
empowered by modeling them after New York City Community Boards in two
important respects: First, CECs should be given greater independence
from the Department of Education by giving the city's five borough
presidents a stronger role training, supporting and promoting the CECs
in their boroughs, as they currently do for the Community Boards in
their borough. Second, State law should establish a formal process for
CEC review and input into educational decisions - the Uniform Parental
Engagement Procedure (UPEP).

In fact, only by empowering truly independent input from parents and
community leaders will the Department of Education be able to command
broad support for its initiatives and its direction. For the benefit
of the City's school children and the City's future, Community
Education Councils must be reformed and empowered to provide the voice
that public school parents need and deserve.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3912A - Bill Text download pdf

co-Sponsors

2009-S3912B (ACTIVE) - Details

Current Committee:: Senate Education

2009-S3912B (ACTIVE) - Summary

2009-S3912B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3912B

 TITLE OF BILL :

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


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would address one of the most generally acknowledged
concerns with New York City's school governance system - the need to
improve parental and community input. The bill would reform and
empower Community Education Councils (CECs) and the City-wide Council
on Special Education, which were envisioned to be the voice of parents
in the system, by modeling them after New York City's Community Boards
in two important respects. First, it would transfer responsibility for
training and supporting CECs to an authority independent from the
Department of Education - the City's five borough presidents. Second,
it would establish a Uniform Parental Engagement Procedure (UPEP),
analogous to the City's Uniform Land Use Review Procedure (ULURP), to
provide regular, formal timelines for public review and input into
educational decisions.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this legislation amends the section of the law governing
the citywide council on special education, to add to the council's
duties and responsibilities the responsibility to review proposals
subject to UPEP, notify the community regarding such proposals, and
advise the chancellor and the panel for educational policy regarding
such proposals.

Section 2 and 3 amend the sections of the law governing Community
Education Councils (CECs) to give borough presidents, rather than the
chancellor, the primary responsibility for training CEC members.

Section 4 amends section 2590-e of the education law.

Section 5 amends the section ofthe law governing CECs, to add to their
duties and responsibilities the responsibility to renew proposals
subject to UPEP, to notify the community regarding such proposals, and
to advise the chancellor and the panel for educational policy
regarding such proposals.

Sections 6 and 7 amend the sections of law governing the city board to
require the city board to exercise its authority subject to UPEP.

Sections 8 and 9 amend the sections of law governing the Chancellor to
state that the Chancellor must exercise his or her authority subject
to UPEP.

Section 10 amends the section of the law governing the Chancellor to
remove the Chancellor's duty to provide training to CEC members, so
that this duty can be transferred to the borough presidents.

Section 11 adds a new section to the education law creating UPEP,
providing timelines for public review and input into decisions by the
CECs, the Chancellor, and the Panel for Educational Policy.

Section 12 adds a new section to the education law describing the
duties and responsibilities of the borough presidents under the
reformed system.

Section 13 adds a new section to the education law creating the
borough education council, a panel analogous to the city's borough
board, to be composed of each borough's borough president, city
council members, and CEC presidents, and spells out the council's
duties and responsibilities.

Section 14 provides that the act shall take effect immediately, with
certain conditions.

 JUSTIFICATION :

The Legislature and Governor overhauled New York City's school
governance system in 2002 and in the process abolished Community
School Boards. To replace School Boards, the Legislature and Governor
acted to create Community Education Councils (CECs) in 2003 to
"provide an opportunity for meaningful participation for both parents
and the community." Since 2003, a significant consensus has emerged
that the current system of parental and community input has not
succeeded and is in need of structural repair.

CEC's, unlike the more successful model of New York City Community
Boards, have not been independently empowered to be the effective
voices of the City's parent and public school communities. There are
two structural reasons for this. First, compared to Community Boards,
the CEC's authority is undermined by the lack of independence. CECs
are wholly dependent upon the Department of Education for the
training, resources and support - as opposed to Community Boards,
which have an independently elected executive official, the Borough
President, available to support their activities. Second, compared to
Community Boards, CECs have been unable to define their role in
educational decision-making because they lack a procedural roadmap for
influencing policy decisions, or a timeline for providing input.

Community Boards, on the other hand, have a formal advisory role, with
specific timeline in numerous City process such as the Uniform Land
Use Review Procedure (ULURP).

Therefore, Community Education Councils should be reformed and
empowered by modeling them after New York City Community Boards in two
important respects: First, CECs should be given greater independence
from the Department of Education by giving the city's five borough
presidents a stronger role training, supporting and promoting the CECs
in their boroughs, as they currently do for the Community Boards in
their borough. Second, State law should establish a formal process for
CEC review and input into educational decisions - the Uniform Parental
Engagement Procedure (UPEP).

In fact, only by empowering truly independent input from parents and
community leaders will the Department of Education be able to command
broad support for its initiatives and its direction. For the benefit
of the City's school children and the City's future, Community
Education Councils must be reformed and empowered to provide the voice
that public school parents need and deserve.

 PRIOR LEGISLATIVE HISTORY :

None.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S3912B (ACTIVE) - Bill Text download pdf

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

                                 3912--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 3, 2009
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to  said  committee  --  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10766-06-9

S. 3912--B                          2

  (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  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

S. 3912--B                          3

fiscal  and  educational equity, increase student achievement and school
performance and encourage local school-based innovation,  including  the
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

S. 3912--B                          4

OR PROGRAM WITHIN A COMMUNITY DISTRICT; AND (IV) INITIALLY  UTILIZING  A
COMMUNITY DISTRICT SCHOOL OR FACILITY FOR A NEW SCHOOL OR PROGRAM.
  (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. 3912--B                          5

  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:
  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

S. 3912--B                          6

  (G)  OTHERWISE  CONSIDER THE NEEDS OF THE BOROUGH'S SCHOOLS AND EDUCA-
TIONAL SYSTEM.
  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.

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