NY State Senate Bill 2017-S3794A

Senate Bill S3794A

2017-2018 Legislative Session

Establishes a temporary commission to examine and review the degree of segregation in primary and secondary schools

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Archive: Last Bill Status - In Senate Committee Finance 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
Apr 16, 2018	print number 3794a
Apr 16, 2018	amend and recommit to finance
Mar 19, 2018	notice of committee consideration - requested
Jan 03, 2018	referred to finance
Jan 27, 2017	referred to finance

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S3794 - Details

Current Committee:: Senate Finance
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5045
2011-2012: S2759
2013-2014: S3344
2015-2016: S2184
2019-2020: S2204
2021-2022: S3366
2023-2024: S1427
2025-2026: S1221

2017-S3794 - Summary

Establishes a temporary commission to examine and review the degree and effect of segregation in primary and secondary schools and any correlation with school funding and the long-term impact of inadequate education on segregated students; expires 2021.

2017-S3794 - Sponsor Memo

                                 BILL NUMBER:  S3794

 TITLE OF BILL :

An act creating a temporary state commission to examine the degree and
effect of segregation in primary and secondary schools; and providing
for the repeal of such provisions upon expiration thereof

 PURPOSE OR GENERAL IDEA OF BILL :

Authorizes the state department of education to investigate the degree
and effect of segregation in New York's primary and secondary schools,
and make subsequent recommendations to the governor and legislature.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of this bill establishes the commission within the education
department. This section also outlines the powers of the commission to
appoint a director and staff, to conduct investigations, to conduct
hearings, to subpoena witnesses, administer oaths, and procure
documents as deemed relevant to an investigation, and to submit their
findings to the governor and legislature.

Section 2 sets the rules by which the members of the commission shall
be appointed, and by which vacancies may be fulfilled; and the term
limits of such members.

Section 3 provides for the reimbursement of reasonable expenses by
members of the commission.

Section 4 enables the commission to obtain cooperation from all bodies
within the state government.

 JUSTIFICATION :

Segregation within public schools has been a problem that state
governments have been trying to eliminate for decades. More than fifty
years have passed since the Supreme Court decided the landmark case of
Brown v. Board of Education. There still remains a high degree of
racial separation in many of New York's Public schools. According to
information based on The 2014 Civil Rights Project conducted by UCLA,
"New York State's Extreme School Segregation: Inequality, Inaction and
a Damaged Future." New York State ranks number one in the most
segregated states for black students' category.

Segregation likely contributes to the resultant inequality in funding
and educational achievement gaps seen in many minority school
districts.

The establishment of a temporary, state-supported, nonpartisan
commission will serve to address this critical issue directly. The
commission's powers will enable it to bring specific incidents of
segregation to the attention of the governor and state legislature,
and recommend legislative action should a detailed investigation prove
such action to be necessary. By doing such, the state will have taken
a major step in ensuring an equal opportunity for all of its students
to be educated.

 PRIOR LEGISLATIVE HISTORY :

2003-04: S.6090/A.8402-A (Clark) - Referred to Finance
2005-06: S.987-A/A.1793-A (Clark) - Referred to Finance
2007-08:  S.2119/A.4150 (Clark) - Referred to Finance
2009-10:  S.5045/A.3750 (Clark) - Referred to Finance
2011-12:  S.2759-A/A.2895-A (Clark) - Referred to Finance
2013-14:  S.3344/A.2998 (Clark) - Referred to Finance
2015-16: S.2184 - Referred to Finance

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
July 1, 2017, with provisions.

2017-S3794 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3794
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT creating a temporary state commission to examine the  degree  and
   effect  of segregation in primary and secondary schools; 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.  There is established within the department of education a
 temporary state commission to examine and review the  degree  of  segre-
 gation  in  primary and secondary schools; here and after referred to as
 the commission. The  commission  shall  have  the  following  functions,
 powers and duties:
   a.  To  appoint an executive director who shall act in accordance with
 the policies of the commission. The commission may delegate authority to
 the executive director to act in the  name  of  the  commission  between
 meetings  of  the  commission provided such delegation is in writing and
 the specific powers to be delegated are enumerated;
   b. To appoint such other staff as  are  necessary  to  carry  out  its
 duties under this section;
   c.  To  conduct investigations in connection with: the level of segre-
 gation in New York's primary  and  secondary  schools;  any  correlation
 between  segregation  and  inadequate  school funding; and the long-term
 economic  impact  of  inadequate  educational  resources  on  segregated
 students and society;
   d.  To  make  an annual report to the governor and the legislature not
 later than July first of each year which shall include  its  recommenda-
 tions.  The  commission  shall  make such further interim reports to the
 governor, or to the governor and legislature, as it  shall  deem  advis-
 able, or as shall be required to do by the governor, the temporary pres-
 ident of the senate or the speaker of the assembly;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08673-01-7

 S. 3794                             2
 
   e.  To  conduct  any  investigation  authorized by this section at any
 place within the state; and to maintain offices, hold meetings and func-
 tion at any place within the state as it may deem necessary;
   f. To conduct private and public hearings and to designate one or more
 members of the commission or of its staff to preside over any such hear-
 ings; and
   g.  To  administer  oaths  or affirmations, subpoena witnesses, compel
 their attendance, examine them under oath or affirmation and require the
 production of any books, records, documents or  other  evidence  it  may
 deem relevant or material to an investigation.
   §  2.  The  commission  shall  consist  of ten members, to be known as
 commissioners to be appointed as follows: Two members of the  commission
 shall  be  appointed  by the governor, two by the temporary president of
 the senate, two by the minority leader of the senate, two by the speaker
 of the assembly and two by the minority leader of the assembly, each  to
 serve  a  three year term. No more than five members shall belong to the
 same political party. No member or employee of the commission shall hold
 any other public office or public employment  and  no  member  shall  be
 employed  as a lobbyist. The governor shall designate the chairperson of
 the commission from among the members thereof, who shall serve as chair-
 person at the pleasure of the  governor.  The  chairperson  or  any  six
 members  of  the commission may call a meeting. Any vacancy occurring on
 the commission shall be filled within 60 days of its occurrence  in  the
 same  manner  as  the  original appointment. A vacancy in the commission
 shall not impair the right of the remaining members to exercise all  the
 powers  of the commission. A person appointed to fill a vacancy shall be
 appointed for the unexpired term of the member he or she  succeeds.  Six
 members  of  the commission shall constitute a quorum and the commission
 shall have power to act by majority vote of the total number of  members
 of  the  commission  without  vacancy.  Members of the commission may be
 removed by the governor for substantial neglect of duty,  gross  miscon-
 duct in office, inability to discharge the powers or duties of office or
 violation  of  this  section, after written notice and opportunity for a
 reply.
   § 3. The members of the commission shall not receive compensation  but
 shall  be reimbursed for reasonable expenses incurred in the performance
 of their official duties.
   § 4. The commission may request and shall receive from  every  depart-
 ment,  division, board, bureau, commission or other agency of the state,
 or of any political subdivision thereof, cooperation and  assistance  in
 the performance of its duties.
   §  5.  This  act shall take effect July 1, 2017 and shall expire March
 31, 2020, when upon such date the provisions of this act shall be deemed
 repealed.

co-Sponsors

View additional co-sponsors

2017-S3794A (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Commissions
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5045
2011-2012: S2759
2013-2014: S3344
2015-2016: S2184
2019-2020: S2204
2021-2022: S3366
2023-2024: S1427
2025-2026: S1221

2017-S3794A (ACTIVE) - Summary

2017-S3794A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3794A

SPONSOR: BAILEY
 
TITLE OF BILL:

An act creating a temporary state commission to examine the degree and
effect of segregation in primary and secondary schools; and providing
for the repeal of such provisions upon expiration thereof

 
PURPOSE OR GENERAL IDEA OF BILL:

Authorizes the state department of education to investigate the degree
and effect of segregation in New York's primary and secondary schools,
and make subsequent recommendations to the governor and legislature.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill establishes the commission within the education
department. This section also outlines the powers of the commission to
appoint a director and staff, to conduct investigations, to conduct
hearings, to subpoena witnesses, administer oaths, and procure documents

as deemed relevant to an investigation, and to submit their findings to
the governor and legislature.

Section 2 sets the rules by which the members of the commission shall be
appointed, and by which vacancies may be fulfilled; and the term limits
of such members.

Section 3 provides for the reimbursement of reasonable expenses by
members of the commission.

Section 4 enables the commission to obtain cooperation from all bodies
within the state government.

Section 5 is the effective date.

 
JUSTIFICATION:

Segregation within public schools has been a problem that state govern-
ments have been trying to eliminate for decades. More than fifty years
have passed since the Supreme Court decided the landmark case of Brown
v. Board of Education. There still remains a high degree of racial sepa-
ration in many of New York's Public schools.  According to information
based on The 2014 Civil Rights Project conducted by UCLA, "New York
State's Extreme School Segregation: Inequality, Inaction and a Damaged
Future." New York State ranks number one in the most segregated states
for black students' category.

Segregation likely contributes to the resultant inequality in funding
and educational achievement gaps seen in many minority school districts.

The establishment of a temporary, state-supported, nonpartisan commis-
sion will serve to address this critical issue directly. The commis-
sion's powers will enable it to bring specific incidents of segregation
to the attention of the governor and state legislature, and recommend
legislative action should a detailed investigation prove such action to
be necessary. By doing such, the state will have taken a major step in
ensuring an equal opportunity for all of its students to be educated.

 
PRIOR LEGISLATIVE HISTORY:

2003-04: S.6090/A.8402-A (Clark) - Referred to Finance
2005-06:  S.987-A/A.1793-A (Clark) - Referred to Finance
2007-08: S.2119/A.4150 (Clark) - Referred to Finance
2009-10: S.5045/A.3750 (Clark) - Referred to Finance
2011-12: S.2759-A/A.2895-A (Clark) - Referred to Finance
2013-14: S.3344/A.2998 (Clark) - Referred to Finance
2015-16:  S.2184 - Referred to Finance

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
July 1, 2018, with provisions.

2017-S3794A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3794--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2017
                                ___________
 
 Introduced  by Sens. BAILEY, HAMILTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Finance -- recom-
   mitted 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 creating a temporary state commission to examine the  degree  and
   effect  of segregation in primary and secondary schools; 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.  There is established within the department of education a
 temporary state commission to examine and review the  degree  of  segre-
 gation  in  primary and secondary schools; here and after referred to as
 the commission. The  commission  shall  have  the  following  functions,
 powers and duties:
   a.  To  appoint an executive director who shall act in accordance with
 the policies of the commission. The commission may delegate authority to
 the executive director to act in the  name  of  the  commission  between
 meetings  of  the  commission provided such delegation is in writing and
 the specific powers to be delegated are enumerated;
   b. To appoint such other staff as  are  necessary  to  carry  out  its
 duties under this section;
   c.  To  conduct investigations in connection with: the level of segre-
 gation in New York's primary  and  secondary  schools;  any  correlation
 between  segregation  and  inadequate  school funding; and the long-term
 economic  impact  of  inadequate  educational  resources  on  segregated
 students and society;
   d.  To  make  an annual report to the governor and the legislature not
 later than July first of each year which shall include  its  recommenda-
 tions.  The  commission  shall  make such further interim reports to the
 governor, or to the governor and legislature, as it  shall  deem  advis-

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

                                                            LBD08673-02-8

 S. 3794--A                          2
 
 able, or as shall be required to do by the governor, the temporary pres-
 ident of the senate or the speaker of the assembly;
   e.  To  conduct  any  investigation  authorized by this section at any
 place within the state; and to maintain offices, hold meetings and func-
 tion at any place within the state as it may deem necessary;
   f. To conduct private and public hearings and to designate one or more
 members of the commission or of its staff to preside over any such hear-
 ings; and
   g. To administer oaths or  affirmations,  subpoena  witnesses,  compel
 their attendance, examine them under oath or affirmation and require the
 production  of  any  books,  records, documents or other evidence it may
 deem relevant or material to an investigation.
   § 2. The commission shall consist of  ten  members,  to  be  known  as
 commissioners  to be appointed as follows: Two members of the commission
 shall be appointed by the governor, two by the  temporary  president  of
 the senate, two by the minority leader of the senate, two by the speaker
 of  the assembly and two by the minority leader of the assembly, each to
 serve a three year term. No more than five members shall belong  to  the
 same political party. No member or employee of the commission shall hold
 any  other  public  office  or  public employment and no member shall be
 employed as a lobbyist. The governor shall designate the chairperson  of
 the commission from among the members thereof, who shall serve as chair-
 person  at  the  pleasure  of  the  governor. The chairperson or any six
 members of the commission may call a meeting. Any vacancy  occurring  on
 the  commission  shall be filled within 60 days of its occurrence in the
 same manner as the original appointment. A  vacancy  in  the  commission
 shall  not impair the right of the remaining members to exercise all the
 powers of the commission. A person appointed to fill a vacancy shall  be
 appointed  for  the unexpired term of the member he or she succeeds. Six
 members of the commission shall constitute a quorum and  the  commission
 shall  have power to act by majority vote of the total number of members
 of the commission without vacancy. Members  of  the  commission  may  be
 removed  by  the governor for substantial neglect of duty, gross miscon-
 duct in office, inability to discharge the powers or duties of office or
 violation of this section, after written notice and  opportunity  for  a
 reply.
   §  3. The members of the commission shall not receive compensation but
 shall be reimbursed for reasonable expenses incurred in the  performance
 of their official duties.
   §  4.  The commission may request and shall receive from every depart-
 ment, division, board, bureau, commission or other agency of the  state,
 or  of  any political subdivision thereof, cooperation and assistance in
 the performance of its duties.
   § 5. This act shall take effect July 1, 2018 and  shall  expire  March
 31, 2021, when upon such date the provisions of this act shall be deemed
 repealed.

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Senate Bill S3794A

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Sponsored By

Jamaal T. Bailey

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

Jesse Hamilton

2017-S3794 - Details

2017-S3794 - Summary

2017-S3794 - Sponsor Memo

2017-S3794 - Bill Text download pdf

co-Sponsors

Jesse Hamilton

Brad Hoylman-Sigal

Kevin S. Parker

Jose Peralta

2017-S3794A (ACTIVE) - Details

2017-S3794A (ACTIVE) - Summary

2017-S3794A (ACTIVE) - Sponsor Memo

2017-S3794A (ACTIVE) - Bill Text download pdf

Comments