S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5660
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2023
                                ___________
 
 Introduced  by  M.  of A. CHANDLER-WATERMAN -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation to the panel  for  educa-
   tional policy in the city of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 2590-a of the  education  law,  as
 added by chapter 330 of the laws of 1969, is amended to read as follows:
   3.  City  board. The term "city board" shall mean the [board of educa-
 tion of the city district] PANEL FOR EDUCATIONAL POLICY.
   § 2. Subdivision 1 of section 2590-b of the education law, as  amended
 by chapter 364 of the laws of 2022, is amended to read as follows:
   1.  (a) The board of education of the city school district of the city
 of New York is hereby continued AS THE PANEL FOR EDUCATIONAL POLICY.
   (1) (A) Such [board of education] PANEL FOR EDUCATIONAL  POLICY  shall
 consist  of  thirteen  appointed  members: one member to be appointed by
 each borough president of the city of New York; and eight members to  be
 appointed by the mayor of the city of New York.
   (B)  Commencing  on  July  first,  two  thousand twenty, the [board of
 education]  PANEL  FOR  EDUCATIONAL  POLICY  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  educa-
 tion  council  presidents, and nine members to be appointed by the mayor
 of the city of New York. On or before December thirty-first,  two  thou-
 sand  nineteen, the chancellor shall promulgate regulations establishing
 a process for community district education council presidents to elect a
 member of the [board] PANEL FOR EDUCATIONAL POLICY,  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
 council presidents pursuant to such regulations  shall  take  office  on
 July first, two thousand twenty and shall serve a term that ends on June
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08129-01-3
              

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 thirtieth,  two  thousand twenty-two.  Thereafter, the member elected by
 community district education council presidents shall serve  for  a  two
 year term commencing on July first.
   (C)  Commencing  on  August  fifteenth,  two  thousand twenty-two, the
 [board of education] PANEL FOR EDUCATIONAL POLICY shall consist of twen-
 ty-three members: one member to be appointed by each  borough  president
 of the city of New York; five members, one from each borough of the city
 of New York, to be elected by community district education council pres-
 idents; and thirteen members to be appointed by the mayor of the city of
 New  York.  The  term  of the first member elected by community district
 education council presidents pursuant to clause (B) of this subparagraph
 shall be extended and end on August fourteenth, two thousand twenty-two.
 On or before July fifteenth, two  thousand  twenty-two,  the  chancellor
 shall  promulgate  regulations  establishing  a  process  for  community
 district education council presidents to elect members  of  the  [board]
 PANEL  FOR EDUCATIONAL POLICY, and processes for removal of such members
 and for the filling of such positions in the event  of  a  vacancy.  All
 appointed members and members elected by the community education council
 presidents  pursuant  to  such  regulations  shall take office on August
 fifteenth, two thousand twenty-two and shall serve a term that  ends  on
 June thirtieth, two thousand twenty-three. Thereafter, appointed members
 and  the  members elected by community district education council presi-
 dents shall serve for a one year term commencing on July first.
   (2) The chancellor and comptroller of the city of New York shall serve
 as ex-officio non-voting members of the [city board]  PANEL  FOR  EDUCA-
 TIONAL POLICY.
   (3)  The [city board] PANEL FOR EDUCATIONAL POLICY shall elect its own
 chairperson from among its voting members.
   (4) All appointed members shall serve for a one  year  term,  provided
 that  any  member  may  be  removed for good cause, provided that voting
 against the appointing authority's direction  shall  not  be  cause  for
 removal,  by  the appointing authority, who shall provide written notice
 to the member and public explaining the reasons therefor at least  [ten]
 THIRTY  days in advance of the removal and provide the member a full and
 fair opportunity to refute such reasons before removal.  NOTWITHSTANDING
 SUCH NOTICE, SUCH MEMBER SHALL RETAIN ALL RIGHTS, DUTIES AND OBLIGATIONS
 OF MEMBERSHIP  ON SUCH  PANEL UNTIL THE EFFECTIVE DATE OF THE REMOVAL.
   (5) Except for the chancellor, no [board  members]  PANEL  FOR  EDUCA-
 TIONAL  POLICY  MEMBER  shall be employed in any capacity by the city of
 New York, or a subdivision thereof, or the [city board] PANEL FOR EDUCA-
 TIONAL POLICY.
   (6) No appointed or elected member  of  the  [city  board]  PANEL  FOR
 EDUCATIONAL  POLICY  shall also be a member, officer, or employee of any
 public corporation, authority, or commission where the mayor of the city
 of New York has a majority of the appointments.
   (7) Each borough president's appointee shall  be  a  resident  of  the
 borough  for  which  the  borough  president  appointing  him or her was
 elected and shall be the parent of a child  attending  a  public  school
 within the city school district of the city of New York.
   (8)  Each  mayoral  appointee shall be a resident of the city and four
 shall be parents of a child attending a public school  within  the  city
 district,  provided that at least one appointee shall be the parent of a
 child with an individualized education program, at least  one  appointee
 shall  be  the  parent  of a child who is in a bilingual or English as a
 second language program conducted pursuant to section thirty-two hundred
 A. 5660                             3
 
 four of this chapter, and at least one appointee shall be the parent  of
 a child who is attending a district seventy-five school or program.
   (9)  All  parent members shall be eligible to continue to serve on the
 [city board] PANEL FOR EDUCATIONAL POLICY for two  years  following  the
 conclusion  of  their  child's  attendance at a public school within the
 city district.
   (10) Any vacancy other than by an expiration of term shall  be  filled
 by  appointment  by  the  appropriate appointing authority within ninety
 days of such vacancy and shall serve for the remainder of the  unexpired
 term.
   (11)  Notwithstanding  any  provision of local law, the members of the
 [board] PANEL FOR EDUCATIONAL POLICY shall not have staff,  offices,  or
 vehicles  assigned  to  them or receive compensation for their services,
 but shall be reimbursed for the actual and necessary  expenses  incurred
 by them in the performance of their duties.
   (12)  Every appointed and elected member of the [city board] PANEL FOR
 EDUCATIONAL POLICY shall, within the first three months of  his  or  her
 term, complete a minimum of six hours of training on the financial over-
 sight,  accountability  and fiduciary responsibilities of a [city board]
 PANEL member, as well as a training course on the powers, functions  and
 duties of the [city board] PANEL FOR EDUCATIONAL POLICY.
   (b)  The [city board] PANEL FOR EDUCATIONAL POLICY shall hold at least
 one regular public meeting per month. At least one regular public  meet-
 ing  shall be held in each borough of the city of New York per year; any
 additional meetings may be called at the request of the chairperson. The
 [city board] PANEL FOR EDUCATIONAL  POLICY  shall  consider  appropriate
 public  accommodations  when selecting a venue so as to maximize partic-
 ipation by parents and the community.
   (c) (i) Notice of the time, place and  agenda  for  all  [city  board]
 PANEL  FOR  EDUCATIONAL POLICY regular public meetings shall be publicly
 provided, including via the [city board's] PANEL'S official internet web
 site, and specifically  circulated  to  all  community  superintendents,
 community  district  education  councils,  community  boards, and school
 based management teams, at least ten business days in  advance  of  such
 meeting.
   (ii)  A [city board] PANEL FOR EDUCATIONAL POLICY regular public meet-
 ing agenda shall be comprised of a list and  brief  description  of  the
 subject  matter being considered, identification of all items subject to
 a [city board] PANEL vote, and the name, office, address, email  address
 and telephone number of a city district representative, knowledgeable on
 the  agenda, from whom any information may be obtained and to whom writ-
 ten comments may be submitted concerning items on such agenda.
   (iii) A  [city  board]  PANEL  FOR  EDUCATIONAL  POLICY  meeting  that
 includes  an item subject to a [city board] PANEL FOR EDUCATIONAL POLICY
 vote related to approval of a school closure or  significant  change  in
 school  utilization  including  the  phase-out,  grade  reconfiguration,
 re-siting, or co-location of a school pursuant to paragraph [h]  (H)  of
 subdivision  one of section twenty-five hundred ninety-g of this article
 shall be held in the borough of the city of New York  where  the  school
 that is subject to such proposed school closing or significant change in
 school utilization is located.
   (d)  The  chairperson of the [city board] PANEL FOR EDUCATIONAL POLICY
 shall ensure that at every regular public meeting there is a  sufficient
 period  of  time  to allow for public comment on any topic on the agenda
 prior to any [city board] PANEL FOR EDUCATIONAL POLICY vote.
 A. 5660                             4
 
   (e) Minutes of all [city board] PANEL FOR EDUCATIONAL  POLICY  regular
 public  meetings  shall  be  made  publicly available, including via the
 [city board's] PANEL'S official internet website, in a timely manner but
 no later than the subsequent regular [city board] PANEL FOR  EDUCATIONAL
 POLICY meeting.
   § 3. This act shall take effect immediately; provided however that the
 amendments  to subdivision 1 of section 2590-b of the education law made
 by section two of this act shall  not  affect  the  expiration  of  such
 subdivision and such section and shall be deemed to expire therewith.