BILL NUMBER: S738

SPONSOR: MONTGOMERY
 
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 commission-
er 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 conse-
quences for school children when major education-related decisions are
made by unqualified individuals. By prohibiting waivers and thus remov-
ing mayoral control over the selection of the chancellor, we can ensure
that the leader of NYC schools is truly qualified to work in the educa-
tion 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.