NY State Senate Bill 2015-S8016A

Senate Bill S8016A

2015-2016 Legislative Session

Relates to extending the effectiveness of provisions of law relating to the New York city school district; creates the NYC school district inspector

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Archive: Last Bill Status - In Senate Committee Rules 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
Jun 17, 2016	recommitted to rules
Jun 15, 2016	ordered to third reading cal.1857
Jun 13, 2016	print number 8016a
Jun 13, 2016	amend (t) and recommit to rules
Jun 03, 2016	referred to rules

Votes

- Jun 15, 2016 - Rules Committee Vote
  S8016A
  
  12
  
  Aye
  
  7
  
  Nay
  
  4
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2016
      
      aye (12)
      
      Bonacic
      
      DeFrancisco
      
      Farley
      
      Flanagan
      
      Hannon
      
      LaValle
      
      Lanza
      
      Little
      
      Marcellino
      
      Nozzolio
      
      Robach
      
      Seward
      
      nay (7)
      
      Carlucci
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      Montgomery
      
      Perkins
      
      Stewart-Cousins
      
      aye wr (4)
      
      Breslin
      
      Dilan
      
      Parker
      
      Valesky
      
      absent (2)
      
      Espaillat
      
      Larkin

Bill Amendments

Original

A (Active)

co-Sponsors

2015-S8016 - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §34, Chap 91 of 2002; amd §17, Chap 345 of 2009; amd Ed L, generally; amd §1, Chap 53 of 2016

2015-S8016 - Summary

Relates to extending the effectiveness of provisions of law relating to the New York city school district; creates position of education inspector to provide oversight and guidance for matters in the NYC school district.

2015-S8016 - Sponsor Memo

                                 BILL NUMBER:  S8016

 TITLE OF BILL :  An act to amend chapter 91 of the laws of 2002,
amending the education law and other laws relating to reorganization
of the New York city school construction authority, board of education
and community boards, in relation to the effectiveness thereof; to
amend chapter 345 of the laws of 2009, amending the education law and
other laws relating to the New York city board of education,
chancellor, community councils and community superintendents, in
relation to the effectiveness thereof; to amend the education law, in
relation to the New York city school district system and establishing
an education inspector for the New York city school district; and to
amend the New York city charter and the education law, in relation to
the New York city community school district system and providing for
the repeal of certain provisions upon expiration thereof

 PURPOSE :

This bill establishes a one-year extension of mayoral control of New
York City schools and creates additional procedures to ensure
transparency of school operations and accountability of the officials
responsible for the schools.

 SUMMARY OF PROVISIONS :

Sections 1 and 2 extend mayoral control in New York City and other

current sections of Article 52-A of the Education Law for one year to
June 30, 2017.

Section 3 amends Education Law section 2590-b to require the education
investigator to serve as an ex-officio non-voting member of the New
York City Board of Education. It also prohibits a lobbyist or client
of a lobbyist, registered with the New York City Clerk, from being
appointed to the New York City Board of Education for two years from
the last engagement of lobbying activities.

Section 4 amends Education Law section 2590-g to require the
Department of Education to maintain and update certain information,
data, and statistics relating to a New York City school district to be
made available to members and officers of the Executive and
Legislature.

Section 5 amends Education Law section 2590-p to require the
Educational Facilities Capital Plan to identify the ten most
overcrowded school buildings, the ten most underutilized school
buildings, and the steps necessary to address those issues.

Section 6 amends Education Law section 2590-q to require the New York
City Schools Chancellor to report annually the distribution of
special, federal, state, and private funds by individual school, and
on a per pupil basis, to the Executive, the Legislative, and the City
Council.

Section 7 amends Education Law section 2590-r to require the New York
City Schools Chancellor to place budget reports on the New York City
Department of Education website.

Section 8 adds a new Education Law section 2590-v, which creates an
education inspector for the New York City School District and
establishes the powers and duties of the inspector.

Section 9 requires the community boards to provide space, staffing and
resources to the community education councils in order to allow them
to operate in a more efficient manner. This section also provides for
representation on the youth and education committees within the
community boards.
Sections 10 and 11 amend Education Law 2590-c by allowing the borough
presidents a greater role in filling vacancies on the city wide
education councils.

Section 12 amends Education Law 2590-e by requiring a public
presentation of the school district report cards before the
appropriate community board.

Section 13 amends Education Law 2590-f to require technical support
and assistance from the community superintendents to the community
councils.

Section 14 amends Education Law 2590-h to require parent and community
member input at public meetings.

Section 15 provides the effective date.

 JUSTIFICATION :

The current system of mayoral control in New York City is set to
expire June 30, 2016. Extending mayoral control for one year will
ensure progress is made, especially for schools with the greatest need
for assistance, and allow the Legislature to re-examine the issue of
extending mayoral control after such progress has been demonstrated.

While there have been gains made under mayoral control in totality
since its enactment in 2002, there is a need for greater transparency
in relation to the distribution of state, local and federal funding.
Across the State, the distribution of funding for individual schools
is maintained in an open and accessible manner This transparency
provides a level of accountability that ensures New York State's
struggling schools are adequately funded. A more targeted
understanding of how state, local, and federal resources are allocated
is necessary to assist individuals schools. Extending transparency to
New York City schools will provide the same kind of accountability
that exists in the rest of the state.

Creating an education inspector and requiring disclosure of
information and statistics regarding the City district will ensure the
State has access to information when re-evaluating the issue of
mayoral control in future years and allows interested parties, such as
parents, to understand the administrative issues the New York City
School System faces. The investigator will also serve as an
independent observer to ensure that the largest school system in the
country is operating in the fairest and most transparent manner.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately, except that sections nine
through thirteen shall take effect one hundred and twenty days from
enacement.

2015-S8016 - Bill Text download pdf

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

                                  8016

                            I N  S E N A T E

                              June 3, 2016
                               ___________

Introduced  by  Sens.  FLANAGAN,  MARCELLINO  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Rules

AN ACT to amend chapter 91 of the laws of 2002, amending  the  education
  law  and  other  laws  relating to reorganization of the New York city
  school  construction  authority,  board  of  education  and  community
  boards, in relation to the effectiveness thereof; to amend chapter 345
  of  the laws of 2009, amending the education law and other laws relat-
  ing to the New York city board  of  education,  chancellor,  community
  councils  and community superintendents, in relation to the effective-
  ness thereof; to amend the education law, in relation to the New  York
  city  school  district  system and establishing an education inspector
  for the New York city school district; and to amend the New York  city
  charter and the education law, in relation to the New York city commu-
  nity  school  district  system and providing for the repeal of certain
  provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 34 of chapter 91 of the laws of 2002 amending the
education law and other laws relating to reorganization of the New  York
city  school  construction  authority,  board of education and community
boards, as amended by section 1 of subpart D of part B of chapter 20  of
the laws of 2015, is amended to read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one  through  twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed [June 30, 2016] JUNE  30,  2017;
provided,  further,  that  notwithstanding any provision of article 5 of
the general construction law, on [June  30,  2016]  JUNE  30,  2017  the
provisions  of  subdivisions 3, 5, and 8, paragraph b of subdivision 13,
subdivision 14, paragraphs b, d, and e of subdivision 15,  and  subdivi-
sions  17  and  21  of  section 2554 of the education law as repealed by
section three of this act, subdivision 1 of section 2590-b of the educa-
tion law as repealed by section six of this act, paragraph (a) of subdi-
vision 2 of section 2590-b of the education law as repealed  by  section
seven  of  this  act, section 2590-c of the education law as repealed by

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

                                                           LBD15669-04-6

S. 8016                             2

section eight of this act, paragraph  c  of  subdivision  2  of  section
2590-d  of  the  education law as repealed by section twenty-six of this
act, subdivision 1 of section 2590-e of the education law as repealed by
section  twenty-seven  of  this act, subdivision 28 of section 2590-h of
the education law as repealed  by  section  twenty-eight  of  this  act,
subdivision  30  of  section  2590-h of the education law as repealed by
section twenty-nine of this act, subdivision 30-a of section  2590-h  of
the  education  law  as  repealed by section thirty of this act shall be
revived and be read as such provisions existed in law on the date  imme-
diately  preceding  the  effective  date of this act; provided, however,
that sections seven and eight of this act shall take effect on  November
30,  2003;  provided  further  that  the amendments to subdivision 25 of
section 2554 of the education law made by section two of this act  shall
be  subject to the expiration and reversion of such subdivision pursuant
to section 12 of chapter 147 of the laws of 2001, as amended, when  upon
such date the provisions of section four of this act shall take effect.
  S  2.  Subdivision 12 of section 17 of chapter 345 of the laws of 2009
amending the education law and other laws relating to the New York  city
board  of education, chancellor, community councils and community super-
intendents, as amended by section 2 of subpart D of part B of chapter 20
of the laws of 2015, is amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section  17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed [June 30, 2016] JUNE 30, 2017.
  S 3. Paragraph (a) of subdivision 1 of section 2590-b of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  (a)  The board of education of the city school district of the city of
New York is hereby continued. Such board of education shall  consist  of
thirteen  appointed  members: one member to be appointed by each borough
president of the city of New York; and eight members to be appointed  by
the  mayor  of  the  city  of New York. The chancellor AND THE EDUCATION
INSPECTOR shall serve as [an] ex-officio non-voting [member] MEMBERS  of
the  city  board.  The  city  board shall elect its own chairperson from
among its voting members.  All thirteen appointed members shall serve at
the pleasure of the appointing authority and shall not  be  employed  in
any  capacity  by the city of New York, or a subdivision thereof, or the
city board.   No appointed member of the city  board  shall  also  be  a
member,  officer,  or  employee of any public corporation, authority, or
commission where the mayor of the city of New York has a majority of the
appointments.  ANY LOBBYIST OR CLIENT OF A LOBBYIST, REGISTERED WITH THE
NEW YORK CITY CLERK, SHALL NOT BE ELIGIBLE  TO  SERVE  AS  AN  APPOINTED
MEMBER FOR A PERIOD OF TWO YEARS FROM THE LAST ENGAGEMENT OF LOBBYING OR
LOBBYING  ACTIVITIES,  AS  SUCH  TERMS ARE DEFINED BY SUBDIVISION (C) OF
SECTION 3-211 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW  YORK.  Each
borough  president's  appointee  shall  be a resident of the borough for
which the borough president appointing him or her was elected and  shall
be  the  parent  of  a  child  attending a public school within the city
school district of the city of New York.  Each mayoral  appointee  shall
be  a resident of the city and two shall be parents of a child attending
a public school within the city district.  All parent members  shall  be
eligible  to continue to serve on the city board for two years following
the conclusion of their child's attendance at a public school within the
city district. Any vacancy shall be filled by appointment by the  appro-

S. 8016                             3

priate appointing authority within ninety days of such vacancy. Notwith-
standing  any provision of local law, the members of the board shall not
have staff, offices, or vehicles assigned to  them  or  receive  compen-
sation  for  their  services, but shall be reimbursed for the actual and
necessary expenses incurred by them in the performance of their duties.
  S 4. Section 2590-g of the education law is amended by  adding  a  new
subdivision 12-a to read as follows:
  12-A.  PROVIDE  INFORMATION,  DATA, ESTIMATES AND STATISTICS REGARDING
ALL MATTERS RELATING TO THE CITY DISTRICT, AS REQUESTED BY  MEMBERS  AND
OFFICERS  OF  THE  SENATE,  ASSEMBLY, AND GOVERNOR'S OFFICE, IN A TIMELY
FASHION. SUCH INFORMATION SHALL BE MAINTAINED AND UPDATED  IN  A  TIMELY
FASHION  AND  SHALL  AT A MINIMUM INCLUDE DATA RELATING TO: (A) NEW YORK
CITY DEPARTMENT OF EDUCATION  SCHOOL  CHARACTERISTICS  INCLUDING  GRADES
SERVED,  NUMBER  OF  TEACHERS,  STUDENT  ENROLLMENT, SCHOOL TYPE, SCHOOL
CHARACTERISTICS, QUALITY REVIEW SCORES,  GRADUATION  RATES  AND  AVERAGE
CLASS  SIZE; (B) NEW YORK CITY DEPARTMENT OF EDUCATION PRINCIPAL CHARAC-
TERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION LEVEL, YEARS OF
EXPERIENCE AND TENURE STATUS; (C) NEW YORK CITY DEPARTMENT OF  EDUCATION
TEACHER  CHARACTERISTICS  INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION
LEVEL, YEARS OF TEACHING EXPERIENCE, TENURE STATUS, SUBJECT AREA TAUGHT,
NUMBER OF STUDENTS TAUGHT, NUMBER OF CLASSES TAUGHT PER DAY  AND  ATTRI-
TION  RATE; (D) NEW YORK CITY DEPARTMENT OF EDUCATION STUDENT CHARACTER-
ISTICS INCLUDING GRADE LEVEL, SCHOOL ATTENDANCE, AND OTHER DEMOGRAPHICS;
(E) GIFTED AND TALENTED PROGRAMS APPLICATION  DATA  INCLUDING  ADMISSION
DECISIONS, STUDENT DEMOGRAPHICS AND STUDENT TEST SCORES; (F) PRE-KINDER-
GARTEN  PROGRAMS  INCLUDING PROGRAM LOCATIONS, CAPACITY, STUDENT ENROLL-
MENT, NUMBER OF TEACHERS, TEACHER CHARACTERISTICS,  STUDENT  ATTENDANCE,
STUDENT  DEMOGRAPHICS  AND  EFFECTIVENESS DATA; (G) FUNDING FOR NEW YORK
CITY DEPARTMENT OF EDUCATION SCHOOLS  INCLUDING  DEPARTMENT  FUNDING  BY
DOLLARS,  EXPENDITURES  BY CATEGORY AND EXTERNAL FUNDING IN DOLLARS; (H)
FUNDING FOR NEW YORK CITY DEPARTMENT  OF  EDUCATION  PROGRAMS  INCLUDING
DEPARTMENT  FUNDING IN DOLLARS, AND EXTERNAL FUNDING IN DOLLARS; AND (I)
GENERAL NEW YORK CITY DEPARTMENT OF EDUCATION BUDGET.  PROVIDED,  HOWEV-
ER,  THAT  ALL  INQUIRIES MADE IN ACCORDANCE WITH THIS SUBDIVISION SHALL
COMPLY WITH APPLICABLE STATE AND FEDERAL PRIVACY LAWS.
  S 5. Subdivision 2 of section 2590-p of the education law  is  amended
by adding a new paragraph i to read as follows:
  I. OVERCROWDING AND UNDERUTILIZATION.  THE PLAN SHALL IDENTIFY THE TEN
MOST  OVERCROWDED  AND  THE  TEN MOST UNDERUTILIZED SCHOOL BUILDINGS AND
SHALL DETAIL STEPS TO BE TAKEN TO ADDRESS SUCH ISSUES.
  S 6. Section 2590-q of the education law is amended by  adding  a  new
subdivision 19 to read as follows:
  19.  WITH  RESPECT  TO SPECIAL, FEDERAL, STATE, AND PRIVATE FUNDS, THE
CHANCELLOR SHALL REPORT THE DISTRIBUTION OF  SUCH  FUNDS  BY  INDIVIDUAL
SCHOOL,  AND  ON  A  PER  PUPIL  BASIS FOR EACH INDIVIDUAL SCHOOL TO THE
GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, SPEAKER  OF  THE  ASSEMBLY,
AND SPEAKER OF THE CITY COUNCIL ON OR BEFORE MAY FIRST OF EACH YEAR.
  S  7. The opening paragraph of section 2590-r of the education law, as
amended by chapter 345 of the laws  of  2009,  is  amended  to  read  as
follows:
  The chancellor shall, in consultation with the city board and communi-
ty  district  superintendents,  establish in regulations a comprehensive
process of school-based budgeting and  expenditure  reporting  no  later
than  November first, nineteen hundred ninety-eight. ANY REPORT PREPARED
IN ACCORDANCE WITH THIS SECTION  SHALL  BE  PUBLICLY  AVAILABLE  ON  THE
WEBSITE  OF  THE  NEW YORK CITY DEPARTMENT OF EDUCATION. Notwithstanding

S. 8016                             4

any provision of section twenty-five hundred ninety-q of this article to
the contrary, such regulations shall include provisions for:
  S  8.  The  education law is amended by adding a new section 2590-v to
read as follows:
  S 2590-V. EDUCATION INSPECTOR.   1. THERE  IS  HEREBY  ESTABLISHED  AN
EDUCATION  INSPECTOR  FOR THE NEW YORK CITY SCHOOL DISTRICT, HEREINAFTER
IN THIS SECTION REFERRED TO AS THE INSPECTOR, WHO SHALL BE APPOINTED  BY
THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE AND SHALL
HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR. THE INSPECTOR SHALL PROVIDE
OVERSIGHT, GUIDANCE, AND TECHNICAL ASSISTANCE RELATED TO THE EDUCATIONAL
AND  FISCAL  POLICIES,  PRACTICES,  PROGRAMS,  AND DECISIONS OF THE CITY
DISTRICT, CITY BOARD, CHANCELLOR AND MAYOR OF THE CITY OF NEW YORK.  THE
INSPECTOR  SHALL  HAVE EXPERIENCE IN ONE OR MORE OF THE FOLLOWING AREAS:
SCHOOL DISTRICT FINANCES; EARLY CHILDHOOD, ELEMENTARY, AND/OR  SECONDARY
EDUCATION;  THE  OPERATION OF SCHOOL DISTRICTS IN NEW YORK; EDUCATION OF
STUDENTS WITH DISABILITIES; AND/OR EDUCATION OF ENGLISH  LANGUAGE  LEAR-
NERS.
  2.  THE INSPECTOR SHALL BE ENTITLED TO ATTEND ALL MEETINGS OF THE CITY
BOARD, INCLUDING EXECUTIVE SESSIONS. THE INSPECTOR SHALL HAVE ACCESS  TO
ALL  EDUCATIONAL  FACILITIES  AND  RECORDS, INCLUDING BUT NOT LIMITED TO
ELECTRONIC INFORMATION SYSTEMS, DATABASES, AND  PLANNING  DOCUMENTS,  OF
THE CITY BOARD, ANY COMMUNITY DISTRICT EDUCATION COUNCIL, THE DEPARTMENT
OF  EDUCATION,  AND ANY PUBLIC SCHOOL. THE CITY BOARD, MAYOR, CHANCELLOR
AND THE DEPARTMENT OF EDUCATION SHALL FULLY COOPERATE WITH REQUESTS  FOR
INFORMATION  MADE BY THE INSPECTOR.  THE INSPECTOR MAY ESTABLISH MONTHLY
REPORTING REQUIREMENTS UPON  THE  CITY  BOARD,  CHANCELLOR,  AND/OR  THE
DEPARTMENT  OF  EDUCATION  CONTAINING  ANY  INFORMATION  REQUIRED BY THE
INSPECTOR.
  2-A. THE INSPECTOR MAY APPEAL ANY DECISION OF THE CITY  BOARD  TO  THE
COMMISSIONER PURSUANT TO SECTION THREE HUNDRED TEN OF THIS CHAPTER. UPON
APPEAL THE CITY BOARD MUST DEMONSTRATE THAT THEIR ACTION WAS IN THE BEST
INTERESTS  OF  THE STUDENTS OF THE CITY OF NEW YORK. THE INSPECTOR SHALL
BE DEEMED TO BE AN AGGRIEVED PARTY  AND  SHALL  BE  CONSIDERED  TO  HAVE
STANDING TO BRING SUCH APPEAL.
  2-B.  THE  INSPECTOR  SHALL INVESTIGATE AND REVIEW ALL APPOINTMENTS TO
THE CITY BOARD  AND  ALL  CONTRACTS  RATIFIED  BY  THE  CITY  BOARD  FOR
CONFLICTS  OF  INTEREST  AND  SELF-DEALING.  IF THE INSPECTOR FINDS THAT
THERE IS A CONFLICT OF INTEREST OR SELF-DEALING IN  ANY  APPOINTMENT  OR
CONTRACT, HE OR SHE SHALL HAVE THE AUTHORITY TO VOID SUCH APPOINTMENT OR
CONTRACT.  ACTIONS TAKEN BY THE INSPECTOR IN ACCORDANCE WITH THIS SUBDI-
VISION MAY BE APPEALED TO THE COMMISSIONER, PURSUANT  TO  SECTION  THREE
HUNDRED TEN OF THIS CHAPTER.
  2-C.  THE  INSPECTOR  SHALL  HAVE  ACCESS TO RESOLUTIONS PASSED BY ALL
COMMUNITY DISTRICT EDUCATION COUNCILS AND CITY-WIDE EDUCATION  COUNCILS.
IN  THE  EVENT  THAT  THE  INSPECTOR  DETERMINES A RESOLUTION CONTAINS A
GRIEVANCE THAT HAS NOT BEEN RESPONDED TO BY THE CHANCELLOR FOR A  PERIOD
OF  FORTY-FIVE DAYS OR MORE, THE INSPECTOR SHALL INVESTIGATE SUCH GRIEV-
ANCE. THE INSPECTOR SHALL NOTIFY THE COMMISSIONER AND THE PUBLIC OF  HIS
OR HER FINDINGS IN WRITING.
  3. (A) THE INSPECTOR SHALL BE REQUIRED TO:
  (I)  EVALUATE AND MAKE RECOMMENDATIONS ON THE CURRENT PROCESS THE CITY
DISTRICT HAS FOR DISTRIBUTING FUNDING TO SCHOOLS AND  IF  SUCH  DISTRIB-
UTION OCCURS IN A MANNER THAT IS FAIR, EQUITABLE, AND TRANSPARENT;
  (II)  EVALUATE  AND  MAKE  RECOMMENDATIONS  REGARDING THE DISCIPLINARY
PROCEDURES FOR STUDENTS, TEACHERS, AND OTHER STAFF AND THE OVERALL SAFE-
TY OF SCHOOLS IN THE CITY DISTRICT;

S. 8016                             5

  (III) EVALUATE AND MAKE RECOMMENDATIONS ON  THE  DISCIPLINARY  PROCESS
FOR  STAFF THAT ENGAGES IN BEHAVIOR THAT IS DANGEROUS OR OTHERWISE UNBE-
COMING OF THE PROFESSION;
  (IV)  EVALUATE  AND  MAKE RECOMMENDATIONS ON THE CITY DISTRICTS POLICY
FOR DETERMINING CO-LOCATIONS OF CHARTER SCHOOLS AND POLICY  FOR  COMPLI-
ANCE  WITH  PARAGRAPH  (E)  OF SUBDIVISION THREE OF SECTION TWENTY-EIGHT
HUNDRED FIFTY-THREE OF THIS CHAPTER;
  (V) EVALUATE AND MAKE RECOMMENDATIONS ON HOW  THE  CITY  DISTRICT  CAN
ATTRACT  AND  RETAIN HIGHLY EFFECTIVE AND EFFECTIVE TEACHERS IN SCHOOLS,
ESPECIALLY THOSE DEEMED TO BE FAILING OR PERSISTENTLY FAILING;
  (VI) EVALUATE AND MAKE RECOMMENDATIONS ON THE CITY  DISTRICTS  CURRENT
PROCESS  FOR  EDUCATING  STUDENTS WITH DISABILITIES AND ENGLISH LANGUAGE
LEARNERS AND IF THESE STUDENTS ARE RECEIVING ALL OF  THE  SERVICES  THEY
ARE ENTITLED TO;
  (VII)  EVALUATE AND MAKE RECOMMENDATIONS ON HOW WELL THE CITY DISTRICT
IS ENGAGING PARENTS AND COMMUNITY MEMBERS;
  (VIII) EVALUATE AND MAKE RECOMMENDATIONS ON THE  EDUCATION  GOALS  AND
POLICIES  OF THE MAYOR, CHANCELLOR, AND CITY BOARD AND ANY PROGRESS MADE
ON GOALS AND POLICIES IN EFFECT AT  THE  TIME  OF  THIS  SECTION  TAKING
EFFECT; AND
  (IX)  EVALUATE AND MAKE RECOMMENDATIONS ON ANY OTHER AREA OF EDUCATION
PERTINENT TO THE CITY DISTRICT AS DETERMINED BY THE INSPECTOR.
  (B) THE INSPECTOR SHALL REPORT  THE  EVALUATIONS  AND  RECOMMENDATIONS
REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION TO THE GOVERNOR, TEMPORARY
PRESIDENT  OF  THE SENATE, AND SPEAKER OF THE ASSEMBLY BY MAY FIRST, TWO
THOUSAND SEVENTEEN.
  S 9. Paragraphs 20 and 21  of  subdivision  d  and  subdivision  i  of
section 2800 of the New York city charter, paragraph 20 of subdivision d
and  subdivision i as amended and paragraph 21 of subdivision d as added
by a vote of the people of the city of New York at the general  election
held  in  November  1989, are amended and a new paragraph 22 is added to
subdivision d to read as follows:
  (20) Within budgetary appropriations for  such  purposes,  disseminate
information  about  city  services  and  programs,  process  complaints,
requests, and inquiries of residents of the community district; [and]
  (21) Conduct substantial public outreach,  including  identifying  the
organizations  active  in  the community district, maintaining a list of
the names and mailing addresses of  such  community  organizations,  and
making  such  names  and,  with the consent of the organization, mailing
addresses available to the public upon request[.]; AND
  (22) COORDINATE WITH THE COMMUNITY EDUCATION COUNCIL,  AS  ESTABLISHED
UNDER  ARTICLE  FIFTY-TWO-A  OF  THE EDUCATION LAW, WHOSE BOUNDARIES ARE
EQUAL TO THOSE  OF  THE  COMMUNITY  DISTRICT.  THIS  COORDINATION  SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, MAKING SPACE AVAILABLE FOR MONTHLY
MEETINGS, HELPING TO PUBLICIZE MEETINGS OF THE COMMUNITY EDUCATION COUN-
CIL,  ALLOWING COMMUNITY BOARD STAFF TO PROVIDE CLERICAL AND ADMINISTRA-
TIVE SUPPORT TO THE MEMBERS OF THE COMMUNITY EDUCATION COUNCIL,  RECEIV-
ING  REPORTS  FROM  THE  COMMUNITY EDUCATION COUNCIL INCLUDING AN ANNUAL
REPORT CARD ON THE CONDITION OF SCHOOLS IN THE  COMMUNITY  DISTRICT  AND
ANY PROPOSED OR PENDING CHANGES IN EDUCATION POLICY, AND HELPING DISSEM-
INATE  INFORMATION  ON EDUCATION ISSUES PREPARED BY THE COMMUNITY EDUCA-
TION COUNCIL TO PARENTS AND OTHER COMMUNITY ORGANIZATIONS AND MEMBERS.
  i. Each community board may create committees on matters  relating  to
its  duties  and  responsibilities.  It  may  include on such committees
persons with a residence or significant interest in  the  community  who
are  not  members  of  the  board,  but each such committee shall have a

S. 8016                             6

member of the board as its chairperson.    EACH  COMMUNITY  BOARD  SHALL
RESERVE  A SEAT ON THEIR YOUTH AND EDUCATION COMMITTEE FOR ONE MEMBER OF
THEIR RESPECTIVE COMMUNITY EDUCATION COUNCIL, PROVIDED, HOWEVER, THAT IF
ANY  COMMUNITY BOARD DOES NOT HAVE A YOUTH AND EDUCATION COMMITTEE, SUCH
MEMBER OF THEIR RESPECTIVE COMMUNITY EDUCATION COUNCIL SHALL  SIT  ON  A
COMMITTEE MOST RELEVANT TO YOUTH AND EDUCATION ISSUES. SUCH MEMBER SHALL
BE  SELECTED BY MAJORITY VOTE OF THE COMMUNITY EDUCATION COUNCIL. Except
as otherwise provided by law, meetings of such committees shall be  open
to the public.
  S  10.  Subparagraph  2  of  paragraph (b) of subdivision 6 of section
2590-c of the education law, as amended by chapter 103 of  the  laws  of
2014, is amended to read as follows:
  (2)  If  such  vacancy  results in the council not having at least one
member who is a parent of a student who is an English  language  learner
or  who  has  been  an English language learner within the preceding two
years, or results in the council not having at least one member who is a
parent of a  student  with  an  individualized  education  program,  the
[community  council] BOROUGH PRESIDENT shall select a parent having such
qualifications to fill the vacancy.
  S 11. Paragraph (c) of subdivision 6 of section 2590-c of  the  educa-
tion  law,  as amended by chapter 345 of the laws of 2009, is amended to
read as follows:
  (c) If the vacancy is not filled by the community council within sixty
days after it is declared due to a tie vote for  such  appointment,  the
[chancellor] BOROUGH PRESIDENT shall vote with the community council, to
break  such  tie  vote.  If the community council has failed to fill the
vacancy within sixty days after it is  declared  because  of  any  other
reason, the chancellor shall order the community council to do so pursu-
ant to section twenty-five hundred [ninety-1] NINETY-L of this article.
  S  12.  Subdivisions  8 and 14 of section 2590-e of the education law,
subdivision 8 as amended and subdivision 14 as added by chapter  123  of
the  laws of 2003, are amended and a new subdivision 22 is added to read
as follows:
  8. Each year prepare a school district report card pursuant  to  regu-
lations  of  the  commissioner,  and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to copies of the proposed budget made publicly available as required  by
law,  making it available for distribution at the annual meeting, SUBMIT
IT TO THE COMMUNITY BOARD WHICH SHALL PRESENT SUCH REPORT  CARD  AT  ITS
NEXT  SCHEDULED  MEETING,  and otherwise disseminating it as required by
the commissioner. Such report card shall include measures of the academ-
ic performance of the school district, on a school by school basis,  and
measures of the fiscal performance of the district, as prescribed by the
commissioner.  Pursuant  to  regulations of the commissioner, the report
card shall also compare these measures to  statewide  averages  for  all
public  schools, and statewide averages for public schools of comparable
wealth and need, developed by the commissioner. Such report  card  shall
include,  at a minimum, any information on the school district regarding
pupil performance and expenditure per pupil required to be  included  in
the  annual  report  by the requests to the governor and the legislature
pursuant to section two hundred fifteen-a of this chapter; and any other
information required by the commissioner. School districts  (i)  identi-
fied  as  having  fifteen  percent  or more of their students in special
education, or (ii) which have fifty percent or more  of  their  students
with  disabilities  in  special  education  programs  or  services sixty
percent or more of the school day in a general  education  building,  or

S. 8016                             7

(iii)  which have eight percent or more of their students with disabili-
ties in special education programs in public or private separate  educa-
tional  settings  shall  indicate  on  their school district report card
their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.
  14.  Hold public meetings at least every month with the superintendent
during which the public may speak so that parents and the community have
a voice and a public forum to air their concerns.  DURING TWO  OF  THESE
PUBLIC   MEETINGS   ANNUALLY,  THE  COMMUNITY  DISTRICT  COUNCIL  MEMBER
APPOINTED TO A COMMUNITY BOARD ON EITHER A YOUTH AND EDUCATION COMMITTEE
OR A COMMITTEE THAT FOCUSES ON SUCH ISSUES PURSUANT TO SUBDIVISION TWEN-
TY-TWO OF THIS SECTION, SHALL PROVIDE UPDATES AS REQUIRED BY SUCH SUBDI-
VISION. ONE OF THE TWO REQUIRED MEETINGS SHALL BE  THE  DISTRIBUTION  OF
COMMUNITY  COUNCIL'S  REQUIRED REPORT CARD PURSUANT TO SUBDIVISION EIGHT
OF THIS SECTION.
  22. APPOINT ONE OF ITS MEMBERS, BY MAJORITY VOTE,  TO  ITS  RESPECTIVE
COMMUNITY  BOARD ON EITHER YOUTH AND EDUCATION COMMITTEES OR A COMMITTEE
THAT FOCUSES ON SIMILAR ISSUES. SUCH MEMBER SHALL  SERVE  AS  A  LIAISON
BETWEEN  THE TWO ENTITIES AND SHALL BE RESPONSIBLE FOR PROVIDING MONTHLY
COMMUNITY COUNCIL UPDATES AT COMMUNITY BOARD COMMITTEE MEETINGS AS  WELL
AS  GATHER  INPUT  ON  RELEVANT COMMUNITY COUNCIL AND CITY BOARD ISSUES.
SUCH MEMBER SHALL ALSO BE RESPONSIBLE FOR PROVIDING SEMI-ANNUAL  UPDATES
TO  THEIR  RESPECTIVE COMMUNITY BOARD REGARDING ANY PROPOSED OR APPROVED
SIGNIFICANT CHANGES TO THE SCHOOLS IN THEIR COMMUNITY SCHOOL DISTRICTS.
  S 13. Paragraph (v) of subdivision 1 of section 2590-f of  the  educa-
tion  law,  as  added by chapter 345 of the laws of 2009, is amended and
three new paragraphs (x), (y) and (z) are added to read as follows:
  (v) to hold at least two public forums  within  the  district,  during
each  school  year,  for  the  purpose  of  reporting  on the district's
performance, including  progress  made  toward  achieving  the  district
comprehensive  educational plan goals, discussing plans for improvement,
and receiving parental and community comments and concerns; the communi-
ty superintendent shall ensure that notice  for  the  public  forums  is
posted  in  a  manner to maximize the participation of parents, students
and school personnel and is specifically circulated to  members  of  the
school  based management teams, community district education council and
the [relevant] community [boards] BOARD.
  (X) TO PROVIDE COMMUNITY COUNCILS THE NECESSARY  STAFF  AND  FINANCIAL
RESOURCES  NEEDED TO PREPARE THE DISTRICT REPORT CARD PURSUANT TO SUBDI-
VISION EIGHT OF SECTION TWENTY-FIVE HUNDRED NINETY-E  OF  THIS  ARTICLE.
SUCH  RESOURCES SHALL INCLUDE BUT SHALL NOT BE LIMITED TO (I) INDIVIDUAL
SCHOOL AND COMMUNITY DISTRICT DATA AND ANALYSIS TO COMPLETE SUCH  REPORT
AT  LEAST  FORTY-FIVE DAYS PRIOR TO THE DEADLINE FOR SUCH REPORT; (II) A
STANDARDIZED TEMPLATE AND OUTLINE TO ASSIST COMMUNITY COUNCILS DETERMIN-
ING THE CONTENT NECESSARY TO INCLUDE IN SUCH REPORT; AND (III)  TIMELINE
CONSULTATION  AS  WELL  AS TECHNICAL SUPPORT WITH THE COMMUNITY COUNCILS
FOR ON-TIME COMPLETION.
  (Y) TO PUBLISH AND PUBLICIZE COMMUNITY COUNCIL REPORT CARDS,  REQUIRED
BY  SUBDIVISION  EIGHT  OF  SECTION TWENTY-FIVE HUNDRED NINETY-E OF THIS
TITLE, PUBLICLY AVAILABLE  ON  THE  CITY  BOARD'S  WEBSITE,  LOCAL  NEWS
OUTLETS  AS  WELL  AS  TO  LOCAL  ELECTED  OFFICIAL AND COMMUNITY LEADER
OFFICES.
  (Z) TO PROVIDE A WRITTEN RESPONSE WITHIN THIRTY DAYS OF PRODUCTION AND
DISTRIBUTION OF THE  COMMUNITY  COUNCIL'S  REPORT  CARD  INDICATING  ITS
RECEIPT  AND SUBSEQUENT PLAN FOR ITS SCHOOL. SUCH RESPONSE SHALL BE MADE

S. 8016                             8

PUBLICLY AVAILABLE NO LATER THAN THIRTY DAYS  AFTER  ITS  SUBMISSION  TO
SUCH COMMUNITY COUNCIL.
  S 14. Paragraphs (d) and (d-1) of subdivision 2-a of section 2590-h of
the  education  law,  as  added  by chapter 345 of the laws of 2009, are
amended to read as follows:
  (d) No sooner than thirty days, but  no  later  than  forty-five  days
following the filing of the educational impact statement, the chancellor
or deputy chancellor, or in the case of a proposed significant change in
school  utilization  the chancellor or his or her designee, shall hold a
joint public hearing with the  impacted  community  council  and  school
based  management  team,  at  the school that is subject to the proposed
school closing or significant change in school  utilization,  and  shall
allow  PARENTS,  COMMUNITY  MEMBERS  AND all OTHER interested parties an
opportunity to present  comments  or  concerns  regarding  the  proposed
school closing or significant change in school utilization. The chancel-
lor shall ensure that notice of such hearing is widely and conspicuously
posted  in  such a manner to maximize the number of affected individuals
that receive notice, including providing notice to affected parents  and
students,  and shall also notify members of the community boards and the
elected state and local officials who represent the  affected  community
district.
  (d-1) So long as the revised proposal does not impact any school other
than  a  school  that  was  identified in the initial educational impact
statement, the chancellor, after receiving public  input,  may  substan-
tially  revise  the  proposed  school  closing  or significant change in
school utilization provided that the chancellor shall prepare a  revised
educational impact statement, in the form prescribed in paragraph (b) of
this subdivision, and publish and file such educational impact statement
in  the  same manner as prescribed in paragraph (c) of this subdivision.
No sooner than fifteen days following the filing of such revised  educa-
tional  impact statement, the chancellor or deputy chancellor, or in the
case of a significant change in school utilization the chancellor or his
or her designee, shall hold a joint public  hearing  with  the  impacted
community  council  and school based management team, at the school that
is subject to the proposed  school  closing  or  significant  change  in
school  utilization  and  shall allow PARENTS, COMMUNITY MEMBERS AND all
OTHER interested parties an opportunity to present comments and concerns
regarding such proposal.   The chancellor shall ensure  that  notice  of
such  hearing  is  widely  and  conspicuously posted in such a manner to
maximize the number of affected individuals that receive notice, includ-
ing providing notice to affected parents and students,  and  shall  also
notify  members  of the community boards and the elected state and local
officials who represent the affected community district.
  S 15. This act shall take effect immediately, provided that:
  1. the amendments to section 2590-b  of  the  education  law  made  by
section  three  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith;
  2. the amendments to section 2590-g  of  the  education  law  made  by
section four of this act shall not affect the expiration of such section
and shall be deemed to expire therewith;
  3.  the  amendments  to  section  2590-p  of the education law made by
section five of this act shall not affect the expiration of such section
and shall be deemed to expire therewith;
  4. the amendments to section 2590-q  of  the  education  law  made  by
section  six of this act shall not affect the expiration of such section
and shall be deemed to expire therewith;

S. 8016                             9

  5. the amendments to section 2590-r  of  the  education  law  made  by
section  seven  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith;
  6.  section  2590-v  of the education law as added by section eight of
this act shall expire and be deemed repealed June 30, 2017;
  7. sections nine, ten, eleven, twelve and thirteen of this  act  shall
take  effect  on the one hundred twentieth day after this act shall have
become a law;
  8. the amendments to section 2590-c of  the  education  law,  made  by
sections ten and eleven of this act, shall not affect the repeal of such
section and shall be deemed repealed therewith;
  9.  the  amendments  to  section  2590-e of the education law, made by
section twelve of this act, shall not affect the expiration  and  repeal
of such section and shall expire and be deemed repealed therewith;
  10.  the  amendments  to  section 2590-f of the education law, made by
section thirteen of this act, shall not affect the expiration and rever-
sion of such section and shall expire and be deemed repealed  therewith;
and
  11.  the  amendments  to  section 2590-h of the education law, made by
section fourteen of this act, shall not affect the expiration and rever-
sion of such section and shall expire and be deemed repealed therewith.

co-Sponsors

2015-S8016A (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §34, Chap 91 of 2002; amd §17, Chap 345 of 2009; amd Ed L, generally; amd §1, Chap 53 of 2016

2015-S8016A (ACTIVE) - Summary

2015-S8016A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S8016A

 TITLE OF BILL :  An act to amend chapter 91 of the laws of 2002,
amending the education law and other laws relating to reorganization
of the New York city school construction authority, board of education
and community boards, in relation to the effectiveness thereof; to
amend chapter 345 of the laws of 2009, amending the education law and
other laws relating to the New York city board of education,
chancellor, community councils and community superintendents, in
relation to the effectiveness thereof; to amend the education law, in
relation to the New York city school district system; and providing
for the repeal of certain provisions upon expiration thereof (Part A);
to amend the education law, in relation to teacher certification in
public charter schools (Part B); to amend the education law, in
relation to documentation demonstrating a school district has fully
implemented standards and procedures for conducting annual teacher and
principal evaluations; and to amend chapter 53 of the laws of 2016,
enacting the aid to localities budget, in relation to making
additional appropriations therein (Part C)

 PURPOSE :

This bill establishes a one-year extension of mayoral control of New
York City schools and creates additional procedures to ensure
transparency of school operations and accountability of the officials
responsible for the schools, promote the success of charter schools,

and allow districts additional time to negotiate APPR plans.

 SUMMARY OF PROVISIONS :

Part A provides for a 1 year extension of mayoral control in New York
City while also implementing reforms designed to increase parental
engagement, transparency, and fiscal accountability.

Part B allows charter schools to employ uncertified teachers for a
period of three years if such schools have a teacher training program
in place and allows charters to switch their authorizing entity.

Part C allows districts that have failed to meet the APPR plan
submission by September I. 2016 to submit their plans to SED for
approval up to December 31, 2016 in order to not have any aid taken
from the districts.

 JUSTIFICATION :

The current system of mayoral control in New York City is set to
expire June 30, 2016. Extending mayoral control for one year will
ensure progress is made, especially for schools with the greatest need
for assistance, and allow the Legislature to re-examine the issue of
extending mayoral control after such progress has been demonstrated.

While there have been gains made under mayoral control in totality
since its enactment in 2002, there is a need for greater transparency
in relation to the distribution of state, local and federal funding.
Across the State, the distribution of funding for individual schools
is maintained in an open and accessible manner. This transparency
provides a level of accountability that ensures New York State's
struggling schools are adequately funded. A more targeted
understanding of how state, local, and federal resources are allocated
is necessary to assist individuals schools. Extending transparency to
New York City schools will provide the same kind of accountability
that exists in the rest of the state.

Additionally, provisions have been added to allow charter schools to
function at a high level, free from unnecessary regulations, so they
can continue to provide students with school choice. Finally, no
district should be penalized because parties could not come to an
agreement on an APPR plan in time, increasing the amount of time for
negotiations will help ensure students are not penalized during the
negotiation and ratification process.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately

2015-S8016A (ACTIVE) - Bill Text download pdf

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

                                 8016--A

                            I N  S E N A T E

                              June 3, 2016
                               ___________

Introduced  by  Sens.  FLANAGAN,  MARCELLINO  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Rules --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT  to amend chapter 91 of the laws of 2002, amending the education
  law and other laws relating to reorganization of  the  New  York  city
  school  construction  authority,  board  of  education  and  community
  boards, in relation to the effectiveness thereof; to amend chapter 345
  of the laws of 2009, amending the education law and other laws  relat-
  ing  to  the  New  York city board of education, chancellor, community
  councils and community superintendents, in relation to the  effective-
  ness  thereof; to amend the education law, in relation to the New York
  city school district system; and providing for the repeal  of  certain
  provisions  upon  expiration  thereof (Part A); to amend the education
  law, in relation to teacher certification in  public  charter  schools
  (Part  B);  to  amend  the education law, in relation to documentation
  demonstrating a school district has fully  implemented  standards  and
  procedures  for  conducting  annual teacher and principal evaluations;
  and to amend chapter 53 of the laws  of  2016,  enacting  the  aid  to
  localities  budget,  in  relation  to making additional appropriations
  therein (Part C)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
relating to education within New York state. Each  component  is  wholly
contained  within  a Part identified as Parts A through C. The effective
date for each particular provision contained within  such  Part  is  set
forth  in  the  last  section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes a reference to a section "of this act", when  used  in  connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15669-17-6

S. 8016--A                          2

                                 PART A

  Section  1.  Section 34 of chapter 91 of the laws of 2002 amending the
education law and other laws relating to reorganization of the New  York
city  school  construction  authority,  board of education and community
boards, as amended by section 1 of subpart D of part B of chapter 20  of
the laws of 2015, is amended to read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one  through  twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed [June 30, 2016] JUNE  30,  2017;
provided,  further,  that  notwithstanding any provision of article 5 of
the general construction law, on [June  30,  2016]  JUNE  30,  2017  the
provisions  of  subdivisions 3, 5, and 8, paragraph b of subdivision 13,
subdivision 14, paragraphs b, d, and e of subdivision 15,  and  subdivi-
sions  17  and  21  of  section 2554 of the education law as repealed by
section three of this act, subdivision 1 of section 2590-b of the educa-
tion law as repealed by section six of this act, paragraph (a) of subdi-
vision 2 of section 2590-b of the education law as repealed  by  section
seven  of  this  act, section 2590-c of the education law as repealed by
section eight of this act, paragraph  c  of  subdivision  2  of  section
2590-d  of  the  education law as repealed by section twenty-six of this
act, subdivision 1 of section 2590-e of the education law as repealed by
section twenty-seven of this act, subdivision 28 of  section  2590-h  of
the  education  law  as  repealed  by  section twenty-eight of this act,
subdivision 30 of section 2590-h of the education  law  as  repealed  by
section  twenty-nine  of this act, subdivision 30-a of section 2590-h of
the education law as repealed by section thirty of  this  act  shall  be
revived  and be read as such provisions existed in law on the date imme-
diately preceding the effective date of  this  act;  provided,  however,
that  sections seven and eight of this act shall take effect on November
30, 2003; provided further that the  amendments  to  subdivision  25  of
section  2554 of the education law made by section two of this act shall
be subject to the expiration and reversion of such subdivision  pursuant
to  section 12 of chapter 147 of the laws of 2001, as amended, when upon
such date the provisions of section four of this act shall take effect.
  S 2. Subdivision 12 of section 17 of chapter 345 of the laws  of  2009
amending  the education law and other laws relating to the New York city
board of education, chancellor, community councils and community  super-
intendents, as amended by section 2 of subpart D of part B of chapter 20
of the laws of 2015, is amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
and be deemed repealed [June 30, 2016] JUNE 30, 2017.
  S 3. Paragraph (a) of subdivision 1 of section 2590-b of the education
law,  as  amended by chapter 345 of the laws of 2009, is amended to read
as follows:
  (a) The board of education of the city school district of the city  of
New  York  is hereby continued. Such board of education shall consist of
thirteen appointed members: one member to be appointed by  each  borough
president  of the city of New York; and eight members to be appointed by
the mayor of the city of New York. The  chancellor  shall  serve  as  an
ex-officio  non-voting  member  of  the city board. The city board shall
elect its own chairperson from among its voting members.   All  thirteen
appointed members shall serve at the pleasure of the appointing authori-

S. 8016--A                          3

ty and shall not be employed in any capacity by the city of New York, or
a  subdivision  thereof,  or the city board.  No appointed member of the
city board shall also be a member, officer, or employee  of  any  public
corporation, authority, or commission where the mayor of the city of New
York  has  a  majority of the appointments.  ANY LOBBYIST OR CLIENT OF A
LOBBYIST, REGISTERED WITH THE NEW YORK CITY CLERK, SHALL NOT BE ELIGIBLE
TO SERVE AS AN APPOINTED MEMBER FOR A PERIOD OF TWO YEARS FROM THE  LAST
ENGAGEMENT OF LOBBYING OR LOBBYING ACTIVITIES, AS SUCH TERMS ARE DEFINED
BY  SUBDIVISION  (C)  OF SECTION 3-211 OF THE ADMINISTRATIVE CODE OF THE
CITY OF NEW YORK. Each borough president's appointee shall be a resident
of the borough for which the borough president appointing him or her was
elected and shall be the parent of a child  attending  a  public  school
within  the  city school district of the city of New York.  Each mayoral
appointee shall be a resident of the city and two shall be parents of  a
child  attending  a  public school within the city district.  All parent
members shall be eligible to continue to serve on the city board for two
years following the conclusion of their child's attendance at  a  public
school within the city district. Any vacancy shall be filled by appoint-
ment  by the appropriate appointing authority within ninety days of such
vacancy. Notwithstanding any provision of local law, the members of  the
board  shall  not  have  staff, offices, or vehicles assigned to them or
receive compensation for their services, but shall be reimbursed for the
actual and necessary expenses incurred by them  in  the  performance  of
their duties.
  S  4.  Section  2590-g of the education law is amended by adding a new
subdivision 12-a to read as follows:
  12-A. PROVIDE INFORMATION, DATA, ESTIMATES  AND  STATISTICS  REGARDING
ALL  MATTERS  RELATING TO THE CITY DISTRICT, AS REQUESTED BY MEMBERS AND
OFFICERS OF THE SENATE, ASSEMBLY, AND GOVERNOR'S  OFFICE,  IN  A  TIMELY
FASHION.  SUCH  INFORMATION  SHALL BE MAINTAINED AND UPDATED IN A TIMELY
FASHION AND SHALL AT A MINIMUM INCLUDE DATA RELATING TO:  (A)  NEW  YORK
CITY  DEPARTMENT  OF  EDUCATION  SCHOOL CHARACTERISTICS INCLUDING GRADES
SERVED, NUMBER OF TEACHERS,  STUDENT  ENROLLMENT,  SCHOOL  TYPE,  SCHOOL
CHARACTERISTICS,  QUALITY  REVIEW  SCORES,  GRADUATION RATES AND AVERAGE
CLASS SIZE; (B) NEW YORK CITY DEPARTMENT OF EDUCATION PRINCIPAL  CHARAC-
TERISTICS INCLUDING CURRENT EMPLOYMENT STATUS, EDUCATION LEVEL, YEARS OF
EXPERIENCE  AND TENURE STATUS; (C) NEW YORK CITY DEPARTMENT OF EDUCATION
TEACHER CHARACTERISTICS INCLUDING CURRENT EMPLOYMENT  STATUS,  EDUCATION
LEVEL, YEARS OF TEACHING EXPERIENCE, TENURE STATUS, SUBJECT AREA TAUGHT,
NUMBER  OF  STUDENTS TAUGHT, NUMBER OF CLASSES TAUGHT PER DAY AND ATTRI-
TION RATE; (D) NEW YORK CITY DEPARTMENT OF EDUCATION STUDENT  CHARACTER-
ISTICS INCLUDING GRADE LEVEL, SCHOOL ATTENDANCE, AND OTHER DEMOGRAPHICS;
(E)  GIFTED  AND  TALENTED PROGRAMS APPLICATION DATA INCLUDING ADMISSION
DECISIONS, STUDENT DEMOGRAPHICS AND STUDENT TEST SCORES; (F) PRE-KINDER-
GARTEN PROGRAMS INCLUDING PROGRAM LOCATIONS, CAPACITY,  STUDENT  ENROLL-
MENT,  NUMBER  OF TEACHERS, TEACHER CHARACTERISTICS, STUDENT ATTENDANCE,
STUDENT DEMOGRAPHICS AND EFFECTIVENESS DATA; (G) FUNDING  FOR  NEW  YORK
CITY  DEPARTMENT  OF  EDUCATION  SCHOOLS INCLUDING DEPARTMENT FUNDING BY
DOLLARS, EXPENDITURES BY CATEGORY AND EXTERNAL FUNDING IN  DOLLARS;  (H)
FUNDING  FOR  NEW  YORK  CITY DEPARTMENT OF EDUCATION PROGRAMS INCLUDING
DEPARTMENT FUNDING IN DOLLARS, AND EXTERNAL FUNDING IN DOLLARS; AND  (I)
GENERAL  NEW YORK CITY DEPARTMENT OF EDUCATION BUDGET.  PROVIDED, HOWEV-
ER, THAT ALL INQUIRIES MADE IN ACCORDANCE WITH  THIS  SUBDIVISION  SHALL
COMPLY WITH APPLICABLE STATE AND FEDERAL PRIVACY LAWS.
  S  5.  Subdivision 2 of section 2590-p of the education law is amended
by adding a new paragraph i to read as follows:

S. 8016--A                          4

  I. OVERCROWDING AND UNDERUTILIZATION:  THE PLAN SHALL IDENTIFY THE TEN
MOST OVERCROWDED AND THE TEN MOST  UNDERUTILIZED  SCHOOL  BUILDINGS  AND
SHALL DETAIL STEPS TO BE TAKEN TO ADDRESS SUCH ISSUES.
  S  6.  Section  2590-q of the education law is amended by adding a new
subdivision 19 to read as follows:
  19. WITH RESPECT TO SPECIAL, FEDERAL, STATE, AND  PRIVATE  FUNDS,  THE
CHANCELLOR  SHALL  REPORT  THE  DISTRIBUTION OF SUCH FUNDS BY INDIVIDUAL
SCHOOL, AND ON A PER PUPIL BASIS  FOR  EACH  INDIVIDUAL  SCHOOL  TO  THE
GOVERNOR,  TEMPORARY  PRESIDENT  OF THE SENATE, SPEAKER OF THE ASSEMBLY,
AND SPEAKER OF THE CITY COUNCIL ON OR BEFORE MAY FIRST OF EACH YEAR.
  S 7. The opening paragraph of section 2590-r of the education law,  as
amended  by  chapter  345  of  the  laws  of 2009, is amended to read as
follows:
  The chancellor shall, in consultation with the city board and communi-
ty district superintendents, establish in  regulations  a  comprehensive
process  of  school-based  budgeting  and expenditure reporting no later
than November first, nineteen hundred ninety-eight. ANY REPORT  PREPARED
IN  ACCORDANCE  WITH  THIS  SECTION  SHALL  BE PUBLICLY AVAILABLE ON THE
WEBSITE OF THE NEW YORK CITY DEPARTMENT  OF  EDUCATION.  Notwithstanding
any provision of section twenty-five hundred ninety-q of this article to
the contrary, such regulations shall include provisions for:
  S  8.  Subparagraph  2  of  paragraph  (b) of subdivision 6 of section
2590-c of the education law, as amended by chapter 103 of  the  laws  of
2014, is amended to read as follows:
  (2)  If  such  vacancy  results in the council not having at least one
member who is a parent of a student who is an English  language  learner
or  who  has  been  an English language learner within the preceding two
years, or results in the council not having at least one member who is a
parent of a  student  with  an  individualized  education  program,  the
[community  council] BOROUGH PRESIDENT shall select a parent having such
qualifications to fill the vacancy.
  S 9. Paragraph (c) of subdivision 6 of section 2590-c of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  (c) If the vacancy is not filled by the community council within sixty
days  after  it  is declared due to a tie vote for such appointment, the
[chancellor] BOROUGH PRESIDENT shall vote with the community council, to
break such tie vote. If the community council has  failed  to  fill  the
vacancy  within  sixty  days  after  it is declared because of any other
reason, the chancellor shall order the community council to do so pursu-
ant to section twenty-five hundred [ninety-1] NINETY-L of this article.
  S 10. Subdivisions 8 and 14 of section 2590-e of  the  education  law,
subdivision  8  as amended and subdivision 14 as added by chapter 123 of
the laws of 2003, are amended and two new subdivisions  22  and  23  are
added to read as follows:
  8.  Each  year prepare a school district report card pursuant to regu-
lations of the commissioner, and shall make  it  publicly  available  by
transmitting it to local newspapers of general circulation, appending it
to  copies of the proposed budget made publicly available as required by
law, making it available for distribution at the annual meeting,  SUBMIT
IT  TO  THE  COMMUNITY BOARD WHICH SHALL PRESENT SUCH REPORT CARD AT ITS
NEXT SCHEDULED MEETING, and otherwise disseminating it  as  required  by
the commissioner. Such report card shall include measures of the academ-
ic  performance of the school district, on a school by school basis, and
measures of the fiscal performance of the district, as prescribed by the
commissioner. Pursuant to regulations of the  commissioner,  the  report

S. 8016--A                          5

card  shall  also  compare  these measures to statewide averages for all
public schools, and statewide averages for public schools of  comparable
wealth  and  need, developed by the commissioner. Such report card shall
include,  at a minimum, any information on the school district regarding
pupil performance and expenditure per pupil required to be  included  in
the  annual  report  by the requests to the governor and the legislature
pursuant to section two hundred fifteen-a of this chapter; and any other
information required by the commissioner. School districts  (i)  identi-
fied  as  having  fifteen  percent  or more of their students in special
education, or (ii) which have fifty percent or more  of  their  students
with  disabilities  in  special  education  programs  or  services sixty
percent or more of the school day in a general  education  building,  or
(iii)  which have eight percent or more of their students with disabili-
ties in special education programs in public or private separate  educa-
tional  settings  shall  indicate  on  their school district report card
their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.
  14. Hold public meetings at least every month with the  superintendent
during which the public may speak so that parents and the community have
a  voice  and a public forum to air their concerns.  DURING TWO OF THESE
PUBLIC  MEETINGS  ANNUALLY,  THE  COMMUNITY  DISTRICT   COUNCIL   MEMBER
APPOINTED TO A COMMUNITY BOARD ON EITHER A YOUTH AND EDUCATION COMMITTEE
OR A COMMITTEE THAT FOCUSES ON SUCH ISSUES PURSUANT TO SUBDIVISION TWEN-
TY-TWO OF THIS SECTION, SHALL PROVIDE UPDATES AS REQUIRED BY SUCH SUBDI-
VISION.  ONE  OF  THE TWO REQUIRED MEETINGS SHALL BE THE DISTRIBUTION OF
COMMUNITY COUNCIL'S REQUIRED REPORT CARD PURSUANT TO  SUBDIVISION  EIGHT
OF THIS SECTION.
  22.  APPOINT  ONE  OF ITS MEMBERS, BY MAJORITY VOTE, TO ITS RESPECTIVE
COMMUNITY BOARD ON EITHER YOUTH AND EDUCATION COMMITTEES OR A  COMMITTEE
THAT  FOCUSES  ON  SIMILAR  ISSUES. SUCH MEMBER SHALL SERVE AS A LIAISON
BETWEEN THE TWO ENTITIES AND SHALL BE RESPONSIBLE FOR PROVIDING  MONTHLY
COMMUNITY  COUNCIL UPDATES AT COMMUNITY BOARD COMMITTEE MEETINGS AS WELL
AS GATHER INPUT ON RELEVANT COMMUNITY COUNCIL  AND  CITY  BOARD  ISSUES.
SUCH  MEMBER SHALL ALSO BE RESPONSIBLE FOR PROVIDING SEMI-ANNUAL UPDATES
TO THEIR RESPECTIVE COMMUNITY BOARD REGARDING ANY PROPOSED  OR  APPROVED
SIGNIFICANT CHANGES TO THE SCHOOLS IN THEIR COMMUNITY SCHOOL DISTRICTS.
  23.  COORDINATE  WITH  THE  COMMUNITY  BOARD OR BOARDS, ESTABLISHED BY
SECTION TWO THOUSAND EIGHT HUNDRED OF THE NEW YORK CITY  CHARTER,  WHOSE
BOUNDARIES OVERLAP TO THOSE OF THE COMMUNITY DISTRICT. THIS COORDINATION
ON  THE  PART  OF  THE  COMMUNITY BOARDS SHALL INCLUDE, BUT SHALL NOT BE
LIMITED TO, MAKING SPACE AVAILABLE  FOR  MONTHLY  MEETINGS,  HELPING  TO
PUBLICIZE MEETINGS OF THE COMMUNITY EDUCATION COUNCIL, ALLOWING COMMUNI-
TY  BOARD  STAFF  TO  PROVIDE CLERICAL AND ADMINISTRATIVE SUPPORT TO THE
MEMBERS OF THE COMMUNITY EDUCATION COUNCIL, RECEIVING REPORTS  FROM  THE
COMMUNITY  EDUCATION  COUNCIL  INCLUDING  AN  ANNUAL  REPORT CARD ON THE
CONDITION OF SCHOOLS IN THE COMMUNITY DISTRICT AND ANY PROPOSED OR PEND-
ING CHANGES IN EDUCATION POLICY, AND HELPING DISSEMINATE INFORMATION  ON
EDUCATION  ISSUES PREPARED BY THE COMMUNITY EDUCATION COUNCIL TO PARENTS
AND OTHER COMMUNITY ORGANIZATIONS AND MEMBERS.
  S 11. Paragraph (v) of subdivision 1 of section 2590-f of  the  educa-
tion  law,  as  added by chapter 345 of the laws of 2009, is amended and
three new paragraphs (x), (y) and (z) are added to read as follows:
  (v) to hold at least two public forums  within  the  district,  during
each  school  year,  for  the  purpose  of  reporting  on the district's
performance, including  progress  made  toward  achieving  the  district
comprehensive  educational plan goals, discussing plans for improvement,

S. 8016--A                          6

and receiving parental and community comments and concerns; the communi-
ty superintendent shall ensure that notice  for  the  public  forums  is
posted  in  a  manner to maximize the participation of parents, students
and  school  personnel  and is specifically circulated to members of the
school based management teams, community district education council  and
the [relevant] community [boards] BOARD.
  (X)  TO  PROVIDE  COMMUNITY COUNCILS THE NECESSARY STAFF AND FINANCIAL
RESOURCES NEEDED TO PREPARE THE DISTRICT REPORT CARD PURSUANT TO  SUBDI-
VISION  EIGHT  OF  SECTION TWENTY-FIVE HUNDRED NINETY-E OF THIS ARTICLE.
SUCH RESOURCES SHALL INCLUDE BUT SHALL NOT BE LIMITED TO (I)  INDIVIDUAL
SCHOOL  AND COMMUNITY DISTRICT DATA AND ANALYSIS TO COMPLETE SUCH REPORT
AT LEAST FORTY-FIVE DAYS PRIOR TO THE DEADLINE FOR SUCH REPORT;  (II)  A
STANDARDIZED TEMPLATE AND OUTLINE TO ASSIST COMMUNITY COUNCILS DETERMIN-
ING  THE CONTENT NECESSARY TO INCLUDE IN SUCH REPORT; AND (III) TIMELINE
CONSULTATION AS WELL AS TECHNICAL SUPPORT WITH  THE  COMMUNITY  COUNCILS
FOR ON-TIME COMPLETION.
  (Y)  TO PUBLISH AND PUBLICIZE COMMUNITY COUNCIL REPORT CARDS, REQUIRED
BY SUBDIVISION EIGHT OF SECTION TWENTY-FIVE  HUNDRED  NINETY-E  OF  THIS
TITLE,  PUBLICLY  AVAILABLE  ON  THE  CITY  BOARD'S  WEBSITE, LOCAL NEWS
OUTLETS AS WELL AS  TO  LOCAL  ELECTED  OFFICIAL  AND  COMMUNITY  LEADER
OFFICES.
  (Z) TO PROVIDE A WRITTEN RESPONSE WITHIN THIRTY DAYS OF PRODUCTION AND
DISTRIBUTION  OF  THE  COMMUNITY  COUNCIL'S  REPORT  CARD INDICATING ITS
RECEIPT AND SUBSEQUENT PLAN FOR ITS SCHOOL. SUCH RESPONSE SHALL BE  MADE
PUBLICLY  AVAILABLE  NO  LATER  THAN THIRTY DAYS AFTER ITS SUBMISSION TO
SUCH COMMUNITY COUNCIL.
  S 12. Paragraphs (d) and (d-1) of subdivision 2-a of section 2590-h of
the education law, as added by chapter 345 of  the  laws  of  2009,  are
amended to read as follows:
  (d)  No  sooner  than  thirty  days, but no later than forty-five days
following the filing of the educational impact statement, the chancellor
or deputy chancellor, or in the case of a proposed significant change in
school utilization the chancellor or his or her designee, shall  hold  a
joint  public  hearing  with  the  impacted community council and school
based management team, at the school that is  subject  to  the  proposed
school  closing  or  significant change in school utilization, and shall
allow PARENTS, COMMUNITY MEMBERS AND all  OTHER  interested  parties  an
opportunity  to  present  comments  or  concerns  regarding the proposed
school closing or significant change in school utilization. The chancel-
lor shall ensure that notice of such hearing is widely and conspicuously
posted in such a manner to maximize the number of  affected  individuals
that  receive notice, including providing notice to affected parents and
students, and shall also notify members of the community boards and  the
elected  state  and local officials who represent the affected community
district.
  (d-1) So long as the revised proposal does not impact any school other
than a school that was identified  in  the  initial  educational  impact
statement,  the  chancellor,  after receiving public input, may substan-
tially revise the proposed  school  closing  or  significant  change  in
school  utilization provided that the chancellor shall prepare a revised
educational impact statement, in the form prescribed in paragraph (b) of
this subdivision, and publish and file such educational impact statement
in the same manner as prescribed in paragraph (c) of  this  subdivision.
No  sooner than fifteen days following the filing of such revised educa-
tional impact statement, the chancellor or deputy chancellor, or in  the
case of a significant change in school utilization the chancellor or his

S. 8016--A                          7

or  her  designee,  shall  hold a joint public hearing with the impacted
community council and school based management team, at the  school  that
is  subject  to  the  proposed  school  closing or significant change in
school  utilization  and  shall allow PARENTS, COMMUNITY MEMBERS AND all
OTHER interested parties an opportunity to present comments and concerns
regarding such proposal.   The chancellor shall ensure  that  notice  of
such  hearing  is  widely  and  conspicuously posted in such a manner to
maximize the number of affected individuals that receive notice, includ-
ing providing notice to affected parents and students,  and  shall  also
notify  members  of the community boards and the elected state and local
officials who represent the affected community district.
  S 13. This act shall take effect immediately, provided that:
  1. the amendments to section 2590-b  of  the  education  law  made  by
section  three  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith;
  2. the amendments to section 2590-g  of  the  education  law  made  by
section four of this act shall not affect the expiration of such section
and shall be deemed to expire therewith;
  3.  the  amendments  to  section  2590-p  of the education law made by
section five of this act shall not affect the expiration of such section
and shall be deemed to expire therewith;
  4. the amendments to section 2590-q  of  the  education  law  made  by
section  six of this act shall not affect the expiration of such section
and shall be deemed to expire therewith;
  5. the amendments to section 2590-r  of  the  education  law  made  by
section  seven  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith;
  6. sections eight, nine, ten and eleven of this act shall take  effect
on the one hundred twentieth day after this act shall have become a law;
  7.  the  amendments  to  section  2590-c of the education law, made by
sections eight and nine of this act, shall not affect the repeal of such
section and shall be deemed repealed therewith;
  8. the amendments to section 2590-e of  the  education  law,  made  by
section  ten  of this act, shall not affect the expiration and repeal of
such section and shall expire and be deemed repealed therewith;
  9. the amendments to section 2590-f of  the  education  law,  made  by
section  eleven  of this act, shall not affect the expiration and rever-
sion of such section and shall expire and be deemed repealed  therewith;
and
  10.  the  amendments  to  section 2590-h of the education law, made by
section twelve of this act, shall not affect the expiration  and  rever-
sion of such section and shall expire and be deemed repealed therewith.

                                 PART B

  Section  1.  Paragraph  (a-1)  of subdivision 3 of section 2854 of the
education law, as amended by section 1 of subpart A of part B of chapter
20 of the laws of 2015, is amended to read as follows:
  (a-1) The board of trustees of  a  charter  school  shall  employ  and
contract  with  necessary  teachers,  administrators  and  other  school
personnel. Such teachers shall  be  certified  in  accordance  with  the
requirements applicable to other public schools; provided, however, that
TEACHERS  EMPLOYED  BY  A  PUBLIC CHARTER SCHOOL WITH A TEACHER TRAINING
PROGRAM WILL HAVE THREE YEARS FROM THEIR EMPLOYMENT  START  DATE  BEFORE
THEY  MUST SATISFY CERTIFICATION REQUIREMENTS; AND, a charter school may
employ as teachers (i) uncertified teachers with at least three years of

S. 8016--A                          8

elementary, middle or  secondary  classroom  teaching  experience;  (ii)
tenured  or  tenure  track  college  faculty; (iii) individuals with two
years of satisfactory experience through the Teach for America  program;
and  (iv)  individuals  who  possess exceptional business, professional,
artistic, athletic, or military experience, provided, however, that such
teachers described in clauses (i), (ii), (iii), and (iv) of  this  para-
graph  shall  not in total comprise more than the sum of: (A) thirty per
centum of the teaching staff of a  charter  school,  or  five  teachers,
whichever  is  less;  plus  (B)  five  teachers of mathematics, science,
computer science, technology, or career and  technical  education;  plus
(C)  five additional teachers. A teacher certified or otherwise approved
by the commissioner shall not be included in the numerical limits estab-
lished by the preceding sentence.
  S 2. Section 2851 of the education law is  amended  by  adding  a  new
subdivision 5 to read as follows:
  5.  NOTWITHSTANDING  ANY  PROVISION  OF LAW, RULE OR REGULATION TO THE
CONTRARY, A CHARTER SCHOOL APPROVED BY A CHARTER ENTITY LISTED IN SUBDI-
VISION THREE OF THIS SECTION MAY APPLY AT ANY TIME  TO  ANOTHER  CHARTER
ENTITY DEFINED IN PARAGRAPH (A), (B) OR (C) OF SUBDIVISION THREE OF THIS
SECTION  TO  REQUEST  SUCH OTHER CHARTER ENTITY TO OVERSEE AND SUPERVISE
SUCH CHARTER SCHOOL. ALL OBLIGATIONS OF THE PREVIOUS CHARTER  ENTITY  TO
OVERSEE AND SUPERVISE A CHARTER SCHOOL SHALL TERMINATE UPON SUCH CHARTER
SCHOOL  ENTERING  INTO  A CHARTER AGREEMENT, AS DEFINED IN A SUBDIVISION
FIVE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO  OF  THIS  ARTICLE,  WITH
ANOTHER CHARTER ENTITY, AND THE PREVIOUS CHARTER ENTITY SHALL PROVIDE IN
A  TIMELY  FASHION  INFORMATION  RELEVANT TO THE CHARTER AS REQUESTED BY
SUCH OTHER CHARTER ENTITY.
  S 3. This act shall take effect immediately.

                                 PART C

  Section 1. Section 3012-d of the education law is amended by adding  a
new subdivision 11-a to read as follows:
  11-A.  FOR  DISTRICTS  FOR  WHICH  ON  SEPTEMBER  FIRST,  TWO THOUSAND
SIXTEEN, THERE IS NO APPROVED PLAN, AND SUCH DISTRICTS LOSE AID PURSUANT
TO CHAPTER SIXTY-ONE OF THE LAWS OF TWO  THOUSAND  FIFTEEN  AND  CHAPTER
FIFTY-THREE OF THE LAWS OF TWO THOUSAND SIXTEEN, SUCH DISTRICTS SHALL BE
SUBJECT  TO A SUPPLEMENTAL APPORTIONMENT OF AID, SUBJECT TO AN APPROPRI-
ATION, THAT IS  EQUIVALENT  TO  THE  LOSS  IN  AID  DUE  TO  THE  SCHOOL
DISTRICT'S  FAILURE  TO  HAVE  AN  APPROVED ANNUAL TEACHER AND PRINCIPAL
EVALUATION PLAN CONSISTENT WITH THE REQUIREMENT OF THIS  SECTION,  IF  A
PLAN  IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION IS APPROVED BY
THE DEPARTMENT BY DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN.
  S 2. Section 1 of chapter 53 of the laws of 2016, enacting the aid  to
localities budget, is amended by adding to such section the items under-
scored in this section.
                          EDUCATION DEPARTMENT
                       AID TO LOCALITIES 2016-2017

OFFICE  OF  PREKINDERGARTEN THROUGH GRADE TWELVE EDUCATION
  PROGRAM

  General Fund
  Local Assistance Account - 10000

S. 8016--A                          9

NOTWITHSTANDING ANY  INCONSISTENT  PROVISION
  OF  LAW,  FOR SUPPLEMENTAL GENERAL SUPPORT
  FOR PUBLIC SCHOOLS INCLUDING AID FOR  SUCH
  FISCAL  YEARS  PAYABLE PURSUANT TO SECTION
  3609-D  OF  THE EDUCATION LAW, AS PROVIDED
  HEREIN.
NOTWITHSTANDING ANY  INCONSISTENT  PROVISION
  OF  LAW, SCHOOL DISTRICTS THAT DO NOT HAVE
  APPROVED AND FULLY  IMPLEMENTED  STANDARDS
  AND   PROCEDURES   FOR  CONDUCTING  ANNUAL
  TEACHER  AND  PRINCIPAL   EVALUATIONS   OF
  TEACHERS AND PRINCIPALS IN ACCORDANCE WITH
  THE  REQUIREMENTS OF SECTION 3012-D OF THE
  EDUCATION  LAW  AND  THAT  HAVE  LOST  AID
  PURSUANT TO CHAPTER 61 OF THE LAWS OF 2015
  AND  CHAPTER  53 OF THE LAWS OF 2016 SHALL
  RECEIVE A SUPPLEMENTAL APPORTIONMENT IN AN
  AMOUNT THAT IS THE EQUIVALENT TO THE  LOSS
  IN AID DUE TO THE SCHOOL DISTRICTS FAILURE
  TO  HAVE  AN  APPROVED  ANNUAL TEACHER AND
  PRINCIPAL EVALUATION PLAN CONSISTENT  WITH
  THE  REQUIREMENTS OF SECTION 3012-D OF THE
  EDUCATION  LAW  BY  SEPTEMBER  1  OF   THE
  CURRENT SCHOOL YEAR.
NOTWITHSTANDING  ANY  INCONSISTENT PROVISION
  OF LAW, NO SCHOOL DISTRICT SHALL BE ELIGI-
  BLE FOR AN APPORTIONMENT  OF  SUPPLEMENTAL
  GENERAL  SUPPORT  FOR  PUBLIC SCHOOLS FROM
  THE FUNDS  APPROPRIATED  FOR  THE  2016-17
  SCHOOL YEAR IN EXCESS OF THE AMOUNT APPOR-
  TIONED TO SUCH SCHOOL DISTRICT IN THE BASE
  YEAR,  AS  DEFINED  IN  SUBDIVISION  1  OF
  SECTION 3602 OF THE EDUCATION LAW,  UNLESS
  SUCH   SCHOOL   DISTRICT   HAS   SUBMITTED
  DOCUMENTATION THAT HAS  BEEN  APPROVED  BY
  THE  COMMISSIONER OF EDUCATION BY DECEMBER
  31 OF THE CURRENT YEAR DEMONSTRATING  THAT
  IT HAS FULLY IMPLEMENTED THE STANDARDS AND
  PROCEDURES  FOR  CONDUCTING ANNUAL TEACHER
  AND PRINCIPAL EVALUATIONS OF TEACHERS  AND
  PRINCIPALS IN ACCORDANCE WITH THE REQUIRE-
  MENTS  OF  SECTION 3012-D OF THE EDUCATION
  LAW AND  THE  REGULATIONS  ISSUED  BY  THE
  COMMISSIONER.  PROVIDED  FURTHER  THAT ANY
  APPORTIONMENT WITHHELD  PURSUANT  TO  THIS
  APPROPRIATION  SHALL  NOT  OCCUR  PRIOR TO
  APRIL 1 OF THE CURRENT YEAR AND SHALL  NOT
  HAVE  ANY  EFFECT  ON THE BASE YEAR CALCU-
  LATION FOR USE IN  THE  SUBSEQUENT  SCHOOL
  YEAR ..................................... 2,466,000,000
                                            --------------

  S  3.  This act shall take effect immediately; provided, however, that
the provisions of section two of this act shall be deemed to  have  been
in full force and effect on and after April 1, 2016.

S. 8016--A                         10

  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This act shall take effect immediately; provided, however, that
the applicable effective date of Parts A through C of this act shall  be
as specifically set forth in the last section of such Parts.

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Senate Bill S8016A

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Sponsored By

John J. Flanagan

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Carl L. Marcellino

2015-S8016 - Details

2015-S8016 - Summary

2015-S8016 - Sponsor Memo

2015-S8016 - Bill Text download pdf

co-Sponsors

Carl L. Marcellino

2015-S8016A (ACTIVE) - Details

2015-S8016A (ACTIVE) - Summary

2015-S8016A (ACTIVE) - Sponsor Memo

2015-S8016A (ACTIVE) - Bill Text download pdf

Comments