NY State Senate Bill 2017-S6588

Senate Bill S6588

2017-2018 Legislative Session

Extends from June 30, 2017 to June 30, 2019, the expiration of provisions providing for the reorganization of the city school district of the city of New York

download bill text pdf

Archive: Last Bill Status - In Senate Committee Education Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Jun 21, 2017	recommitted to rules
Jun 07, 2017	ordered to third reading cal.1519
Jun 05, 2017	referred to rules

Votes

- Jun 7, 2017 - Rules Committee Vote
  S6588
  
  6
  
  Aye
  
  4
  
  Nay
  
  15
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 7, 2017
      
      aye (6)
      
      Carlucci
      
      DeFrancisco
      
      Flanagan
      
      Kennedy
      
      Savino
      
      Valesky
      
      nay (4)
      
      Gianaris
      
      Krueger
      
      Parker
      
      Squadron
      
      aye wr (15)
      
      Bonacic
      
      Breslin
      
      Dilan
      
      Griffo
      
      Hannon
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Ranzenhofer
      
      Robach
      
      Seward
      
      Stewart-Cousins
      
      Young

co-Sponsors

2017-S6588 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §34, Chap 91 of 2002; amd §17, Chap 345 of 2009; amd §§2590-b, 2590-c & 2590-e, Ed L

2017-S6588 (ACTIVE) - Summary

Extends from June 30, 2017 to June 30, 2019, the expiration of provisions providing for the reorganization of the city school district of the city of New York; increases the membership of the city-wide council on special education to 10 members and grants all members a 3 year term of office; grants members of the city-wide council on English language a 3 year term of office; grants members of the city-wide council on high schools a 3 year term of office

2017-S6588 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6588

 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 extending the effectiveness of
certain provisions 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 extending the effectiveness of certain
provisions thereof; and to amend the education law, in relation to the
membership of the city-wide council on special education, city-wide
council on English language learners, and the city-wide council on
high schools of the city school district of the city of New York, and
the membership and powers of the community district education councils
of such city school district

 PURPOSE OR GENERAL IDEA OF BILL :

To extend, from June 30, 2017 to June 30, 2019, New York City mayoral
control and to make changes to the Community Education Councils and
other city-wide councils, including expanding the powers of the
Community Education Councils.

 SUMMARY OF SPECIFIC PROVISIONS :

Sections 1 and 2. Extends mayoral control of New York City school
systems until June 30, 2019

Section 3. Expands the city-wide council on special education to
thirteen members and makes parents of District 75 student eligible to
sit on such councils. Also increases the term of members from two to
three years.

Section 4. Expands eligibility of parent-members to the city-wide
council on English language learners, to include parents of students
who have been enrolled in bilingual or English language learner
programs in the past. Also increases the term of members from two to
three years.

Section 5. Increases the term of members on the city-wide council on
high schools from two to three years. States that eligibility of
members shall be determined at the time of the selection process.

Section 6. Increases the term of members to the Community District
Education Council from two to three years. States that eligibility of
members shall be determined at the time of the selection process.

Section 7. Expands the eligibility of ELL parent-members to the
Community District Education Council to include parents of students
who have been enrolled in bilingual or English language learner
programs in the past.

Section 8. Expands training for community district education council
members to include training on the open meetings law, parliamentary
procedures and fiduciary responsibilities. Also expands the powers of
community district education councils to include advise and consent of
appointments of the community superintendent, district budgets,
district safety plans and district policy. Also provides power to
approve the closing and consolidation of schools within the community
district.

Section 9. Effective date.

 JUSTIFICATION :

The Community District Education Councils and other city-wide councils
provide parents of students the opportunity to advise and comment on
education policy that affects students and their families.  This
legislation aims to expand the number of parents eligible to serve on
the above councils, increase the term limits to allow parents an
opportunity to provide more meaningful input while on the councils,
and provide for increased powers to ensure that parents are truly a
part of forming education policy for New York ,City.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6588 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6588
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2017
                                ___________
 
 Introduced  by  Sen.  KLEIN  -- 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  extending  the  effectiveness  of  certain
   provisions 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 superinten-
   dents,   in   relation  to  extending  the  effectiveness  of  certain
   provisions thereof; and to amend the education law, in relation to the
   membership of the city-wide council on  special  education,  city-wide
   council  on  English  language  learners, and the city-wide council on
   high schools of the city school district of the city of New York,  and
   the membership and powers of the community district education councils
   of such city school district
 
   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 part O of chapter 73 of the laws of
 2016, is amended to read as follows:
   § 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, [2017] 2019 provided,
 further, that notwithstanding any provision of article 5 of the  general
 construction law, on June 30, [2017] 2019 the provisions of subdivisions
 3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
 b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
 2554  of  the  education  law  as repealed by section three of this act,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11883-02-7

 S. 6588                             2
 
 subdivision 1 of section 2590-b of the  education  law  as  repealed  by
 section  six  of  this  act,  paragraph  (a) of subdivision 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, subdi-
 vision 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 immediately preceding  the  effec-
 tive  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.
   §  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 part O of chapter 73 of the  laws
 of 2016, 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, [2017] 2019.
   §  3.  Paragraph a of subdivision 4 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.  There  shall  be  a city-wide council on special education created
 pursuant to this section. The city-wide  council  on  special  education
 shall  consist  of  [eleven]  THIRTEEN voting members and one non-voting
 member, as follows:
   (1) [nine] TEN voting members who shall be parents  of  students  with
 individualized education programs, to be selected by parents of students
 with  individualized  education  programs, WITH TWO MEMBERS FROM EACH OF
 THE FIVE BOROUGHS, OF  WHICH  ONE  PARENT  OF  A  DISTRICT  SEVENTY-FIVE
 STUDENT AND ONE PARENT OF A NON-DISTRICT  SEVENTY-FIVE STUDENT FROM EACH
 BOROUGH SHALL BE SELECTED BY THE PARENTS OF STUDENTS WITH INDIVIDUALIZED
 EDUCATION PROGRAMS pursuant to a representative process developed by the
 chancellor. Such members shall serve a [two] THREE year term;
   (2) two voting members appointed by the public advocate of the city of
 New  York,  who shall be individuals with extensive experience and know-
 ledge in the areas of educating, training or employing individuals  with
 handicapping  conditions  and  will  make  a significant contribution to
 improving special education in the city  district.  Such  members  shall
 serve a [two] THREE year term; [and]
   (3) ONE VOTING MEMBER TO BE APPOINTED BY THE CITY-WIDE COUNCIL ON HIGH
 SCHOOLS. SUCH MEMBER SHALL SERVE A THREE YEAR TERM; AND
   (4) one non-voting member who is a high school senior with an individ-
 ualized  education program, appointed by the administrator designated by

 S. 6588                             3
 
 the chancellor to supervise special education  programs.    Such  member
 shall serve a one year term.
   § 4. Paragraph (a) of subdivision 5 of section 2590-b of the education
 law,  as  added  by chapter 345 of the laws of 2009, subparagraph (i) as
 amended by chapter 103 of the laws  of  2013,  is  amended  to  read  as
 follows:
   (a)  There  shall  be a city-wide council on English language learners
 created pursuant to this  section.  The  city-wide  council  on  English
 language  learners  shall  consist of eleven voting members and one non-
 voting member, as follows:
   (i) nine voting members who shall be parents of students who are in  a
 bilingual  or English as a second language program conducted pursuant to
 section thirty-two hundred four of this chapter, some  of  whom  may  be
 parents  of students who have been in such a program [within the preced-
 ing two years] AT ANY TIME IN THE PAST, to be  selected  by  parents  of
 students  who receive such services pursuant to a representative process
 developed by the chancellor. Such members shall serve a [two] THREE year
 term;
   (ii) two voting members appointed by the public advocate of  the  city
 of  New  York,  who  shall  be individuals with extensive experience and
 knowledge in the education of English language learners and will make  a
 significant  contribution to improving bilingual and English as a second
 language programs in the city district. Such members shall serve a [two]
 THREE year term; and
   (iii) one non-voting member who is a high school senior who is or  has
 been  in  a bilingual or English as a second language program, appointed
 by the administrator designated by  the  chancellor  to  supervise  such
 programs. Such member shall serve a one year term.
   § 5. Subdivision 6 of section 2590-b of the education law, as added by
 chapter 345 of the laws of 2009, is amended to read as follows:
   6.  (a)  There  shall  be  a city-wide council on high schools created
 pursuant to this section. The city-wide council on  high  schools  shall
 consist  of  thirteen  voting  members  and  one  non-voting  member, as
 follows:
   (i) ten voting members who shall  be  parents  of  students  attending
 public  high  schools.  Two  members  representing each borough shall be
 selected by presidents and officers  of  the  parents'  associations  or
 parent-teachers'  associations  in  the  relevant borough, pursuant to a
 process established by the chancellor. Such members shall serve a  [two]
 THREE year term;
   (ii)  one voting member who shall be a parent of a high school student
 with an individualized education program. Such member shall be appointed
 by the city-wide council on special education, and shall serve  a  [two]
 THREE year term;
   (iii) one voting member who shall be a parent of a student in a bilin-
 gual  or English as a second language program conducted in a public high
 school. Such member shall be  appointed  by  the  city-wide  council  on
 English language learners, and shall serve a [two] THREE year term;
   (iv) one voting member appointed by the public advocate of the city of
 New  York,  who shall be a resident of the city and shall have extensive
 business, trade, or education experience and knowledge who will  make  a
 significant  contribution  to  improving education in the city district.
 Such member shall serve for a term of [two] THREE years; and
   (v) one  non-voting  member  who  is  a  public  high  school  senior,
 appointed by the chancellor pursuant to a process developed by the chan-
 cellor.  Such member shall serve a one year term.

 S. 6588                             4
 
   Officers of parents' associations or parent-teachers' associations who
 are  candidates  in  the selection process established by the chancellor
 pursuant to this subdivision shall not be eligible to cast votes in such
 selection process. The association shall elect a member to vote  in  the
 place of each such officer for purposes of the selection process.
   (b) The city-wide council on high schools shall have the power to:
   (i)  advise  and  comment  on  any educational or instructional policy
 involving high schools;
   (ii) issue an annual report on the effectiveness of the city  district
 in  providing  services  to  high school students and making recommenda-
 tions, as appropriate, on how to improve the efficiency and delivery  of
 such services; and
   (iii)  hold  at  least  one  meeting  per month open to the public and
 during which the public may discuss issues facing high schools.
   (c) Vacancies shall be filled for an unexpired term by  the  city-wide
 council on high schools, pursuant to a process developed by the chancel-
 lor  that  shall include consultation with parents of students attending
 public high school; provided, however, that where a vacancy occurs in  a
 position  appointed  by  the  public advocate, the public advocate shall
 appoint a member to serve the remainder of the unexpired term.
   (D) THE ELIGIBILITY SHALL BE DETERMINED AT THE TIME OF  THE  SELECTION
 PROCESS.    MEMBERS  THUS ELECTED TO THE CITY-WIDE COUNCIL SHALL SERVE A
 FULL TERM REGARDLESS OF ANY CHANGES IN THE ELIGIBILITY STATUS SUBSEQUENT
 TO THE COMPLETION OF THE SELECTION PROCESS.
   § 6. Subdivision 1 of section 2590-c of the education law, as  amended
 by  chapter 345 of the laws of 2009, paragraph (a) as amended by section
 19 of part YYY of chapter 59 of the laws of 2017, is amended to read  as
 follows:
   1.  Each  community district shall be governed by a community district
 education council. The community councils shall consist of eleven voting
 members and one non-voting member, as follows:
   (a) Nine voting members shall be parents whose children are  attending
 a  school  or  a  pre-kindergarten program offered by a school under the
 jurisdiction of the community district, or have attended a school  or  a
 pre-kindergarten  program  offered by a school under the jurisdiction of
 the community district within the preceding  two  years,  and  shall  be
 selected  by  the presidents and officers of the parents' association or
 parent-teachers' association. Such members shall serve  for  a  term  of
 [two]  THREE  years. Presidents and officers of parents' associations or
 parent-teachers' associations who are candidates in the selection  proc-
 ess pursuant to this section shall not be eligible to cast votes in such
 selection  process.  The association shall elect a member to vote in the
 place of each  such  president  or  officer  for  the  purposes  of  the
 selection  process.   THE ELIGIBILITY SHALL BE DETERMINED AT THE TIME OF
 THE SELECTION PROCESS. MEMBERS THUS ELECTED TO THE COUNCIL SHALL SERVE A
 FULL TERM REGARDLESS OF ANY CHANGES IN THE ELIGIBILITY STATUS SUBSEQUENT
 TO THE COMPLETION OF THE SELECTION PROCESS. Provided,  however,  that  a
 parent of a pre-kindergarten pupil shall vacate his or her membership on
 such community district education council where the parent no longer has
 a  child  that attends a school or pre-kindergarten program offered by a
 school under the jurisdiction of the community district.
   (b) Two voting members shall be appointed by  the  borough  presidents
 corresponding  to  such district. Such appointees shall be residents of,
 or own or operate a business in, the district and shall  be  individuals
 with  extensive  business, trade, or education experience and knowledge,
 who will make a significant contribution to improving education  in  the

 S. 6588                             5
 
 district.  Such members shall serve for a term of [two] THREE years [and
 may only be reappointed for one additional two year term].
   (c)  One non-voting member who is a high school senior residing in the
 district, appointed by the superintendent from among the elected student
 leadership. Such member shall serve for a one year term.
   Members shall not be paid a salary or stipend, but shall be reimbursed
 for all actual and necessary expenses directly related to the duties and
 responsibilities of the community council.
   § 7. Paragraph (c) of subdivision 8 of section 2590-c of the education
 law, as amended by chapter 103 of the laws of 2014, is amended  to  read
 as follows:
   (c)  develop  selection procedures for community council members which
 shall attempt to ensure membership that reflects a representative cross-
 section of the communities within the school district and  diversity  of
 the  student  population  including  those  with  particular educational
 needs, shall include consideration of the enrollment figures within each
 community district and the potential disparity of such  enrollment  from
 school  to  school  within  the district[, and shall ensure that, to the
 extent possible, a school may have no more  than  one  parent  represen-
 tative  on  the community council]. Such procedures shall ensure that at
 least one position on the community council is filled by a parent  of  a
 student  who  is  an English language learner or who has been an English
 language learner [within the preceding two years] IN THE  PAST,  and  at
 least  one  position is filled by a parent of a student with an individ-
 ualized education program, and shall allow for the seven remaining posi-
 tions to be filled by parents who are otherwise eligible.
   § 8. Subdivision 7 of section 2590-e of the education law, as  amended
 by  chapter 123 of the laws of 2003, is amended and two new subdivisions
 22 and 23 are added to read as follows:
   7. participate in training and continuing education programs  pursuant
 to the provisions of this subdivision.
   (1)  Community district education council members shall participate in
 training to acquaint them with  the  powers,  functions  and  duties  of
 community  council members, as well as the powers of other governing and
 administering authorities that affect education including the powers  of
 the  commissioner, city board, chancellor and community superintendents,
 AND THE  OPEN  MEETINGS  LAW,  PARLIAMENTARY  PROCEDURES  AND  FIDUCIARY
 RESPONSIBILITIES.    Such participation shall be completed no later than
 three months from the date in which a  community  council  member  takes
 office for the first time.
   (2) Each community district education council member shall be required
 to  participate  in  continuing education programs on an annual basis as
 defined by the chancellor. [Participation in training pursuant to  para-
 graph  one of this subdivision by a community district education council
 member who takes office for the first time shall be  deemed  to  satisfy
 the requirements of this subdivision for the first year of such member's
 term.]
   (3)  such training and continuing education programs shall be approved
 by the chancellor, following consultation with the commissioner, and may
 be provided by the state education department, the city board, the chan-
 cellor or a nonprofit provider authorized by the chancellor  to  provide
 such training and continuing education programs.
   (4)  the  chancellor is authorized to promulgate regulations regarding
 providers and their certification, the content and implementation of the
 training and continuing education programs. Any such  regulations  shall
 be developed after consultation with the commissioner.

 S. 6588                             6

   (5)  such  training and continuing education programs shall be offered
 on an annual basis or more frequently, as needed,  to  enable  community
 council members to comply with this subdivision.
   (6)  failure  of community council members to comply with the training
 and continuing education requirements mandated by this subdivision shall
 constitute cause for removal from office pursuant to section twenty-five
 hundred ninety-1 of this article.
   22. ADVISE AND CONSENT ON THE APPOINTMENT OF THE COMMUNITY SUPERINTEN-
 DENT,  DEVELOPMENT  OF  DISTRICT  BUDGETS,  DISTRICT  SAFETY  PLANS  AND
 DISTRICT POLICY.
   23.  APPROVE THE CLOSING OR CONSOLIDATION OF SCHOOLS WITHIN THE COMMU-
 NITY DISTRICT. ANY VOTE MAY BE REVERSED BY A MAJORITY OF THE CITY BOARD.
   § 9. This act shall take effect immediately; provided,  however,  that
 the  amendments to section 2590-b of the education law, made by sections
 three, four and five of this act, shall not  affect  the  expiration  of
 such  section pursuant to subdivision 12 of section 17 of chapter 345 of
 the laws of 2009, as amended, and shall expire and  be  deemed  repealed
 therewith;  provided,  further, that the amendments to section 2590-c of
 the education law, made by sections six and seven of this act, shall not
 affect the repeal of such section pursuant to section 34 of  chapter  91
 of the laws of 2002, as amended, and shall expire and be deemed repealed
 therewith;  and provided, further, that the amendments to section 2590-e
 of the education law, made by section  eight  of  this  act,  shall  not
 affect  the expiration of such section pursuant to section 34 of chapter
 91 of the laws of 2002, as amended,  and  shall  expire  and  be  deemed
 repealed therewith.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6588

Share this bill

Sponsored By

Jeffrey D. Klein