BILL NUMBER:  S5474

 TITLE OF BILL :  An act to amend the education law, in relation to
New York city school district superintendent waivers by the
commissioner of education

 PURPOSE :

To ensure that the education commissioner cannot issue a waiver
allowing an unqualified individual to be appointed to the position of
chancellor of the New York City school district.

 SUMMARY OF PROVISIONS :

This bill amends section 3003 of the education law by adding a new
subdivision 6. The new subdivision 6 would bar the education
commissioner from issuing a waiver from the qualifications required
for a person to serve as the superintendent or chancellor of the NYC
school district.

 EXISTING LAW :

Under current law, a superintendent of a school district must have
completed sixty semester hours in graduate courses approved by the
commissioner, and must have completed three years of teaching
experience satisfactory to the commissioner in public or non-public
              

schools. Furthermore, the candidate for superintendent must have
successfully (1) completed a New York State program (or its equivalent
if out of state) leading to a professional certificate as a school
district leader in the educational leadership service, or (2)
performed on the New York State assessment for school district
leadership.

When a candidate lacks those educational or experiential requirements,
the commissioner of education may nonetheless issue a superintendent's
certificate for that candidate. The commissioner is empowered to grant
an exception (waiver) to the education or experience requirements if
he finds that the candidate has "exceptional training and experience"
which are the "substantial equivalent of such requirements."

Although the commissioner's regulations clearly state that the request
for the professional certificate must come from the board, there is a
strong argument that the mayoral control statute presumes that the
authority to request a waiver would rest with the Mayor.

 JUSTIFICATION :

This legislation will ensure that only qualified professionals in the
education field are appointed to the position of
Chancellor/Superintendent of the New York City school district, the
largest public school district in the State of New York. Under current
law, these qualifications can be waived, resulting in disastrous
consequences for school children when major education-related
decisions are made by unqualified individuals. By prohibiting waivers
and thus removing mayoral control over the selection of the
chancellor, we can ensure that the leader of NYC schools is truly
qualified to work in the education system.

 LEGISLATIVE HISTORY :

2011-2012: S.7398 - Died in Committee,
2013-2014: S.1408 Referred to Education

 FISCAL IMPLICATIONS :

None.
 EFFECTIVE DATE :
This act shall take effect immediately.