S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3223
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Education
 
 AN  ACT  in  relation  to  establishing  the  commission on diversity in
   specialized 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. Commission established. (a) There is hereby created in  the
 department  of  education a commission to be known as the "commission on
 diversity in specialized schools", hereafter referred to as the "commis-
 sion", which shall be charged with examining  the  City  of  New  York's
 specialized  senior high schools' admission policies to evaluate current
 diversity initiatives and make recommendations on how to improve  diver-
 sity in such schools.
   (b)  The  commission shall consist of 18 members. The 18 members shall
 be appointed as follows: (i) two  members  shall  be  appointed  by  the
 temporary  president  of the senate; (ii) two members shall be appointed
 by the speaker of the assembly; (iii) one member shall be  appointed  by
 the minority leader of the senate; (iv) one member shall be appointed by
 the  minority leader of the assembly; (v) two members shall be appointed
 by the governor; (vi) five members shall be appointed by  the  board  of
 regents;  (vii)  two  members  appointed by the mayor of the City of New
 York; and (viii) three members appointed by the chancellor of  the  city
 school  district  of  the  City  of New York. The board of regents shall
 designate the chair from among the members of the commission.
   (c) The members of the commission shall receive  no  compensation  for
 their  services as members, but shall be allowed their actual and neces-
 sary expenses incurred in the performance of their  duties.  Members  of
 the  commission  shall  be  considered  public  officers for purposes of
 section 17 of the public officers law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05624-01-9
              

 A. 3223                             2
 
   (d) The commission shall begin to act 45 days  after  this  act  shall
 have  become  a law. A quorum shall consist of a majority of the members
 of the commission entitled to vote on the  matter  under  consideration.
 Approval  of any matter shall require the affirmative vote of a majority
 of the members voting thereon.
   (e)  The members of the commission shall adopt by-laws for the manage-
 ment and regulation of its affairs.
   § 2. Appointments to commission. The legislative leaders,  the  gover-
 nor,  the  mayor  of the City of New York and the chancellor of the city
 school district of the City of New York shall submit their  appointments
 to  the  board  of regents, and the board of regents shall make appoint-
 ments, no later than 45 days after this act becomes a law. If  any  such
 appointment  is  not  made by such date, the person or board responsible
 for making the appointment pursuant to subdivision (b) of section one of
 this act may make the  appointment  after  that  date,  but  the  vacant
 appointment  shall  not  count  for  calculation of a quorum until it is
 filled. Vacancies in the commission shall be filled in the  same  manner
 as the member whose vacancy is being filled was appointed.
   §  3.  Commission  staff  and  agency liaison. (a) The commissioner of
 education shall designate such employees of the department of  education
 as  are  reasonably necessary to provide support services to the commis-
 sion. The commissioner of education shall appoint one or more  represen-
 tatives  of the department of education to serve as liaison between such
 department and the commission.
   (b) The chancellor of the city school district of the City of New York
 shall designate such employees of the city school district of  the  City
 of  New  York as are reasonably necessary to provide support services to
 the commission. The chancellor of the city school district of  the  City
 of  New  York shall appoint one or more representatives of the office of
 the chancellor of the city school district of the City of  New  York  to
 serve as liaison between such office and the commission.
   (c)  All  state  agencies,  public  authorities, public benefit corpo-
 rations and the city school district of  the  City  of  New  York  shall
 provide  such  assistance as may be reasonably requested by the chair of
 the commission.
   (d) The commission, acting by the chair of the commission, may  employ
 additional  staff and consultants, who shall be paid from amounts avail-
 able to the commission for that purpose.
   § 4. Factors and information for consideration. The chancellor of  the
 city school district of the City of New York shall submit to the commis-
 sion,  no later than ninety days after this act becomes a law, a list of
 all diversity initiatives currently used by the specialized senior  high
 schools.  The  chancellor  may  submit additional relevant factors to be
 considered in the deliberations of the commission.  The  commission  may
 also adopt additional factors to be considered in its deliberations.
   §  5.  Deliberations  of  commission.  The deliberations, meetings and
 other proceedings of the commission and any committee thereof  shall  be
 governed  by  article  7  of  the  public  officers law. Any one or more
 members of a committee may participate in a meeting of such committee by
 means of a conference telephone, conference video  or  similar  communi-
 cations  equipment  allowing all persons participating in the meeting to
 hear each other at the same time.   Participation by  such  means  shall
 constitute  presence  in  person  at  a  meeting. At any meetings of the
 commission conducted by means  of  a  conference  telephone,  conference
 video   or   similar  communications  equipment,  other  than  executive
 sessions, the public shall be given an opportunity to listen. If a meet-

 A. 3223                             3
 
 ing other than an executive session is to be conducted  by  means  of  a
 conference  telephone, conference video or similar communications equip-
 ment, the public notice for the meeting shall  inform  the  public  that
 such  equipment will be used, and identify the means by which the public
 may listen to such meeting.
   § 6. Commission recommendations. (a) The  commission,  upon  consider-
 ation  of  demographic,  geographic,  educational  and fiscal indicators
 shall develop recommendations for improving diversity in the City of New
 York's specialized  senior  high  schools.  Such  recommendations  shall
 include,  but not be limited to, changes in the schools' admission proc-
 esses. In carrying out its functions, the commission  shall  collaborate
 with the city school district of the City of New York insofar as practi-
 cable  to  foster  discussions among, and conduct formal public hearings
 with requisite public notice to solicit input and  recommendations  from
 stakeholder  interests  including  but  not  limited  to school district
 administrators, teachers, school board members, parents, students,  non-
 pedagogical  school  support personnel, representatives from post-secon-
 dary institutions  and  other  pertinent  groups  and  individuals.  The
 commission  shall  formally solicit recommendations from school district
 administrators, teachers, school board members, parents, students,  non-
 pedagogical  school  support personnel, representatives from post-secon-
 dary institutions and other interested parties.
   (b)  The  commission  shall  make  recommendations  relating  to  each
 specialized senior high school.
   (c)  On  or  before July 1, 2020, the commission shall transmit to the
 governor, the legislature, the mayor of the City of  New  York  and  the
 chancellor  of the city school district of the City of New York a report
 containing its recommendations. Upon the transmission of the  report  to
 the governor and the legislature the commission shall be dissolved.
   § 7. 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.
   § 8. This act shall take effect immediately and shall  expire  and  be
 deemed repealed June 30, 2021.