S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5034
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 27, 2023
                                ___________
 
 Introduced  by M. of A. HYNDMAN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to  requirements  associ-
   ated  with  the New York city community school district system and the
   length of certain council members' terms

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1 of paragraph (a) of subdivision 1 of section
 2590-b  of  the  education  law is amended by adding a new clause (D) to
 read as follows:
   (D) COMMENCING ON JULY FIRST, TWO THOUSAND TWENTY-THREE, THE BOARD  OF
 EDUCATION  SHALL  CONSIST OF FIFTEEN MEMBERS: ONE MEMBER TO BE APPOINTED
 BY EACH BOROUGH PRESIDENT OF THE CITY OF NEW YORK, ONE   MEMBER TO    BE
 ELECTED  BY  COMMUNITY  DISTRICT  EDUCATION AND CITY-WIDE COUNCIL PRESI-
 DENTS, AND NINE MEMBERS TO BE APPOINTED BY THE MAYOR OF THE CITY OF  NEW
 YORK.  ON  OR  BEFORE MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-THREE, THE
 CHANCELLOR SHALL  PROMULGATE  REGULATIONS  ESTABLISHING  A  PROCESS  FOR
 COMMUNITY DISTRICT EDUCATION AND CITY-WIDE COUNCIL PRESIDENTS TO ELECT A
 MEMBER  OF  THE  BOARD, AND PROCESSES FOR REMOVAL OF SUCH MEMBER AND FOR
 THE FILLING OF SUCH POSITION IN THE EVENT OF A VACANCY. THE FIRST MEMBER
 ELECTED BY COMMUNITY DISTRICT EDUCATION AND CITY-WIDE COUNCIL PRESIDENTS
 PURSUANT  TO SUCH REGULATIONS SHALL TAKE OFFICE ON JULY FIRST, TWO THOU-
 SAND TWENTY-THREE AND SHALL SERVE A TERM THAT ENDS  ON  JUNE  THIRTIETH,
 TWO  THOUSAND  TWENTY-FIVE. THEREAFTER, THE  MEMBER ELECTED BY COMMUNITY
 DISTRICT EDUCATION AND CITY-WIDE COUNCIL PRESIDENTS SHALL  SERVE  FOR  A
 TWO YEAR TERM COMMENCING ON JULY FIRST.
   §  2. Subparagraph 1 of 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:
   (1) nine voting members who shall be parents of students with individ-
 ualized  education  programs, to be selected by parents of students with
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06411-01-3
              

 A. 5034                             2
 
 individualized education programs pursuant to a  representative  process
 developed  by  the  chancellor. Such members shall serve a two year term
 AND SHALL BE ELIGIBLE TO  CONTINUE  SERVING  THEIR  TERM  FOLLOWING  THE
 CONCLUSION OF THEIR CHILD'S INDIVIDUALIZED EDUCATION PROGRAM;
   §  3.  Subparagraph  (i)  of paragraph (a) of subdivision 5 of section
 2590-b of the education law, as amended by chapter 103 of  the  laws  of
 2013, is amended to read as follows:
   (i)  nine voting members who shall be parents of students who [are] AT
 ANY TIME IN THE PAST ENROLLED 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 preceding two years], to be selected by
 parents of students who receive OR  HAVE  EVER  RECEIVED  such  services
 pursuant  to  a representative process developed by the chancellor. Such
 members shall serve a two year term AND SHALL BE  ELIGIBLE  TO  CONTINUE
 SERVING  THEIR TERM FOLLOWING THE CONCLUSION OF THEIR CHILD'S ENROLLMENT
 IN A BILINGUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAM;
   § 4. Subparagraph (i) of paragraph (a) of  subdivision  6  of  section
 2590-b  of  the education law, as amended by section 43-g of part YYY of
 chapter 59 of the laws of 2019, is amended to read as follows:
   (i) ten voting members who shall  be  parents  of  students  attending
 public  high  schools. For councils whose terms begin prior to two thou-
 sand twenty, 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. For councils whose terms begin in two thousand  twen-
 ty-one  [and thereafter], two members representing each borough shall be
 parents of public high school students in the relevant borough, pursuant
 to a process established by the chancellor.  Such members shall serve  a
 two  year  term,  and  shall  be eligible to continue serving their term
 following the conclusion of their child's attendance at  a  public  high
 school.  FOR COUNCILS WHOSE TERMS BEGIN IN TWO THOUSAND TWENTY-THREE AND
 THEREAFTER,  TWO  MEMBERS REPRESENTING EACH BOROUGH SHALL BE SELECTED BY
 PARENTS OF PUBLIC HIGH SCHOOL STUDENTS IN THE RELEVANT BOROUGH, PURSUANT
 TO A PROCESS ESTABLISHED BY THE CHANCELLOR. SUCH MEMBERS SHALL  SERVE  A
 TWO  YEAR  TERM,  AND  SHALL  BE ELIGIBLE TO CONTINUE SERVING THEIR TERM
 FOLLOWING THE CONCLUSION OF THEIR CHILD'S ATTENDANCE AT  A  PUBLIC  HIGH
 SCHOOL;
   §  5.  Subparagraph (iii) of paragraph (a) of 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:
   (iii)  one voting member who shall be a parent of a student WHO AT ANY
 TIME IN THE PAST ENROLLED in a bilingual 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 year term;
   § 6. This act shall take effect immediately, provided,  however,  that
 the  amendments  to section 2590-b of the education law made by sections
 one, two, three, four and five of this act shall not affect the  expira-
 tion  or  repeal  of  such  provisions  and  shall  expire and be deemed
 repealed therewith.