S T A T E   O F   N E W   Y O R K
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                                 3979--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 25, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06253-02-6
              

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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.
  (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. 3979--A                          3

  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
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

S. 3979--A                          4

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-
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, 2017, 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,

S. 3979--A                          5

including  the  use of any factors developed pursuant to section four of
this act.
  (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-

S. 3979--A                          6

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
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, 2017, 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, 2017; 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, 2017, 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,
2017.
  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, 2019.