senate Bill S3963

Amended

Relates to the school governance of the New York city school system and establishes various commissions and the parent and student training center; appropriation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 10 / Mar / 2011
    • REFERRED TO FINANCE
  • 04 / Jan / 2012
    • REFERRED TO FINANCE
  • 19 / Jan / 2012
    • AMEND AND RECOMMIT TO FINANCE
  • 19 / Jan / 2012
    • PRINT NUMBER 3963A

Summary

Relates to the school governance of the New York city school system and establishes a city-wide council on the arts, the commission on public safety in the city school district of the city of New York and the parent and student training center within the department of education; appropriates $3,200,000 therefor.

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Bill Details

Versions:
S3963
S3963A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Amd ยงยง2590-b & 2590-c, Ed L
Versions Introduced in 2009-2010 Legislative Cycle:
S6085

Sponsor Memo

BILL NUMBER:S3963

TITLE OF BILL:

An act
to amend the education law, in relation
to the governance of the city school system for the city of New York;
creating a temporary commission on public safety in the city school
district of the city of New York; and
making an appropriation therefor

PURPOSE OR GENERAL IDEA OF THE BILL:

To improve the law extending the recently expired law pertaining to
governance of the New York city school district.

SUMMARY OF SPECIFIC PROVISIONS:

Sections one and two:
Creates a City-wide Council on the Arts to focus on arts education in
the school district with thirteen voting members and one non-voting
member.

Section three:
Establishes a two-term limit for Community Education council member.

Section four:
Create a Temporary Commission on School Safety. The commission will
examine, evaluate and make recommendations concerning the impact that
the current Chancellor's regulations and the New York police
department have on student safety, welfare and achievement.

Section five:
Establishes a parent and student training center under the
Metropolitan Center for Urban Education at New York University. The
Center will be tasked with the conducting outreach, recruitment,
training and support programs for parents and students in order to
increase their capacity to participate with local, district and
city-wide school governance. The Center will also be authorized to
implement programs to enhance parents and students ability to support
students educational success and assist parents and students in
interacting with city school district personnel and understand the
function, structure and operation of the city of New York department
of education. The Center will also work with the Department of
Education to continue implementation of student success centers as
pilot projects designed to increase the rate of college enrollment
and train students to become youth leaders.

Section six:
Requires the New York City to provide $3.2 million over two years to
the Center to implement the parent program.

Section seven:
Establishes an effective date the same as the original chapter this
legislation is amending.

JUSTIFICATION:

The New York City school governance law enacted in 2002 has lead to
improved student outcomes and a greater ability for a Mayor and
Chancellor to make changes within the Department of Education's
bureaucracy. The major drawbacks of the law as implemented were a
reduced ability of community members to influence education policies
and increased public concern over district contract procurement
policies. While Senate bill S.5887 enhanced opportunities for
community input and increases oversight of contracting practices,
this chapter amendment takes the additional steps of providing an
avenue for parents to receive assistance in navigating the school
system and ensuring that students receive a well rounded education by
maintaining a focus on student enrichment through arts education.

PRIOR LEGISLATIVE HISTORY:

S.6085 of 2009-10: Referred to Finance.

FISCAL IMPACT:

The bill requires New York City to provide $3.2 million over two years
to the Metropolitan Center for Urban Education at New York University.

EFFECTIVE DATE:

Immediately and will have been considered to be in effect on the same
date as the chapter it is amending, with provisions.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3963

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 10, 2011
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the education law, in relation to the governance of  the
  city  school  system  for  the  city of New York; creating a temporary
  commission on public safety in the city school district of the city of
  New York; and making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The section heading of section 2590-b of the education law,
as  amended  by  chapter  345 of the laws of 2009, is amended to read as
follows:
  Continuation of city board and establishment of  community  districts;
establishment  of  the  city-wide councils on special education, English
language learners, THE ARTS, and high schools.
  S 2. Subdivision 7 of section 2590-b of the education  law  is  renum-
bered subdivision 8 and a new subdivision 7 is added to read as follows:
  7. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON THE ARTS CREATED PURSUANT
TO  THIS  SECTION.  THE  CITY-WIDE  COUNCIL ON THE ARTS 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  SCHOOLS. TWO MEMBERS REPRESENTING EACH BOROUGH SHALL BE SELECTED
BY PRESIDENTS AND OFFICERS OF THE PARENT-TEACHERS' ASSOCIATIONS  IN  THE
RELEVANT  BOROUGH,  PURSUANT TO A PROCESS ESTABLISHED BY THE CHANCELLOR.
SUCH MEMBERS SHALL SERVE A TWO YEAR TERM;
  (II) ONE VOTING MEMBER WHO SHALL BE A PARENT  OF  A  STUDENT  WITH  AN
INDIVIDUALIZED  EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED BY THE
CITY-WIDE COUNCIL ON SPECIAL EDUCATION, AND SHALL SERVE A TWO 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
SCHOOL.  SUCH  MEMBER  SHALL  BE  APPOINTED  BY THE CITY-WIDE COUNCIL ON
ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10041-01-1

S. 3963                             2

  (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 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.
  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 THE ARTS SHALL HAVE THE POWER TO:
  (I) ADVISE AND COMMENT ON  ANY  EDUCATIONAL  OR  INSTRUCTIONAL  POLICY
INVOLVING THE ARTS;
  (II)  ISSUE  AN  ANNUAL  REPORT  ON  COMPLIANCE WITH STATE REGULATIONS
GOVERNING ARTS EDUCATION, THE EFFECTIVENESS  OF  THE  CITY  DISTRICT  IN
PROVIDING  ARTS  INSTRUCTION  AND PROGRAMMING TO PUBLIC SCHOOL STUDENTS,
AND MAKING RECOMMENDATIONS,  AS  APPROPRIATE,  ON  HOW  TO  IMPROVE  THE
ADEQUACY, 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 THE DESIGN,  IMPLEMEN-
TATION  AND  EFFECTIVENESS  ON  ARTS  CURRICULUM  AND PROGRAMMING IN THE
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.
  S 3. Paragraph (a) of subdivision 1 of section 2590-c of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  (a)  Nine voting members shall be parents whose children are attending
a school under the jurisdiction  of  the  community  district,  or  have
attended a school under the jurisdiction of the community district with-
in  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 years, AND MAY NOT SERVE MORE
THAN  TWO  TERMS.    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.
  S 4. 1. A temporary state commission, to be known as the commission on
public  safety  in the city school district of the city of New York, and
hereinafter referred to as the commission, is hereby created to examine,
evaluate and make recommendations concerning the impact that the current
chancellor's regulations and New York police department policies have on
student safety, welfare, and achievement.   Specifically the  commission
shall examine at least the following:
  (a)  the  impact police and school safety officers have had on student
safety and a safe learning environment;

S. 3963                             3

  (b) the methodology used to determine how many school safety and secu-
rity officers are assigned to each school;
  (c)  the  impact of law enforcement presence and activities on student
rights and emotional welfare; and
  (d) the appropriateness of the chancellor's current regulations.
  2. The commission shall consist of twelve members, to be appointed  as
follows: one member to be appointed by the New York city chancellor, one
member appointed by the New York city police commissioner, one member by
the  speaker  of  the  New York city council, one member by the New York
city public advocate, one by the collective bargaining unit representing
public school teachers, one appointed by the  organization  representing
New  York  city  school  supervisors,  one appointed by the organization
representing police officers in the city of New York  and  each  borough
president  shall  appoint  one  parent  of  a  public school student who
resides in the borough. The members of the  temporary  state  commission
established  pursuant  to  this section shall be appointed no later than
January 15, 2012 and shall convene the first meeting of  the  commission
no  later  than  January 22, 2012. The commission shall elect a chair, a
vice-chair and a secretary from amongst its members. Notwithstanding the
provisions of section 74 of the public officers law, section 806 of  the
general  municipal  law or any other provision of law, membership on the
commission of any state or  municipal  officer  or  employee  shall  not
constitute  the  violation of any code of ethics or a conflict of inter-
est. The commission shall  meet  at  least  monthly.  Vacancies  in  the
membership  of  the commission and among its officers shall be filled in
the manner provided for original appointments.
  3. The commission may meet within and without the  state,  shall  hold
public  hearings, and shall have all the powers of a legislative commit-
tee pursuant to the legislative law. The commission shall hold at  least
one  hearing  in  each  borough  of  New York city to solicit input from
members of the public, students, and community based organizations. Such
hearings shall be publicized in such manner as to solicit maximum public
participation. The members of the commission shall select the commission
chair.
  4. The members of the commission shall  receive  no  compensation  for
their services.
  5. To the maximum extent feasible, the commission shall be entitled to
request and receive, and shall utilize and be provided with such facili-
ties,  resources  and  data  of any department, division, board, bureau,
commission or agency of the state or any political  subdivision  thereof
as it may reasonably request to properly carry out its powers and duties
pursuant  to this section. The speaker of the city council shall provide
administrative support as necessary for  the  commission  to  carry  out
powers and duties of the commission.
  6.  The  commission  shall make a report to the chancellor of New York
city schools, the city board, the New York city police  department,  the
mayor  of  New  York city, the speaker of the New York city council, the
commissioner of education, and the  chair  and  ranking  member  of  the
senate  and  assembly  education committees of its findings, conclusions
and recommendations on or before January 16, 2013, and shall submit with
such report such legislative proposals as it deems necessary  to  imple-
ment its recommendations.
  7. The temporary state commission established pursuant to this section
shall expire and be terminated on the first day next succeeding the date
of  the  submission of its report as provided in subdivision six of this
section, and the chairperson of the temporary  commission  shall  notify

S. 3963                             4

the  legislative  bill  drafting  commission  upon the submission of the
commission's report as provided for in subdivision six of  this  section
in  order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.
  S 5. Operation of a parent and student training center.  1. The Metro-
politan  Center  for  Urban Education at New York University, Steinhardt
School of Culture, Education, and  Human  Development  shall  operate  a
parent  and  student  training  center,  known as the parent and student
training center ("center") for the support and training  of  parents  or
persons  in  parental relation to a student or students attending public
school in the city of New York, and students attending public schools in
the city of New York. The center shall design and implement programs for
parent and student engagement within public schools in the city  of  New
York,  coordinating, where appropriate, with the city school district of
the city of New York. The center shall:
  (a) conduct outreach, recruitment, training and support  programs  for
parents  and students in order to increase their capacity to participate
in and engage with local, district, and city-wide school governance  and
participatory  structures  designed  to support and include parental and
student input including but not  limited  to  school  leadership  teams,
community  education councils, district leadership teams, parent associ-
ations, city-wide councils and  other  existing  formal  governance  and
participatory  structures  designed  to support and include parental and
student input;
  (b) implement programs to enhance parents' and  students'  ability  to
support students' educational success;
  (c)  assist  parents  and  students  in  interacting  with city school
district personnel and in developing an understanding of  the  function,
structure  and  operations  of the city of New York department of educa-
tion, including providing basic information concerning  school  improve-
ment  strategies, school budget procedures and state and city structures
and policies that impact education, and the effect of  such  strategies,
procedures,  structures  and policies on the education being provided by
the student's school; and
  (d) ensure successful  establishment  and  implementation  of  student
success  centers  as  pilot  projects  designed  to increase the rate of
college enrollment and train students to become youth leaders, including
administering subcontracts between community-based organizations and the
city school district for the implementation of student  success  centers
in  public high schools, with preference being given to existing student
success  centers,  providing  technical  assistance  to  community-based
organizations  to  successfully  implement  student success centers, and
conducting annual evaluations of each student success center.  At  least
$600,000 annually of total annual funds appropriated to the center shall
be  provided  in  the  form  of  annual  subcontracts to student success
centers.
  2. Priority in designing and implementing programs shall be  given  to
schools and districts in which there is low overall academic achievement
by  students  or  which have a high density of English language learning
students or low-income families. Schools with ineffective parent associ-
ations or without parent associations shall receive target support.
  3. Upon request by the center, the city school district shall  provide
the  center  with  the  names and contact information of the officers of
parent associations, members of councils of presidents, members  of  the

S. 3963                             5

chancellor's  parent  advisory  council,  members of community education
councils, members of school leadership teams, members of district  lead-
ership teams, and members of the city-wide councils.
  4.  The  center  shall  be  strictly non-partisan, shall not engage in
issues of advocacy, and shall remain neutral in all policy  matters  and
disputes.
  S   6.   The  sum  of  three  million  two  hundred  thousand  dollars
($3,200,000) is hereby appropriated to the parent and  student  training
center created pursuant to section five of this act out of any moneys in
the  treasury of the city of New York in the fund set aside for the city
school district of the city of New  York  to  the  credit  of  the  city
account  not  otherwise appropriated, to be paid as follows: (a) the sum
of one million six hundred thousand dollars ($1,600,000) to be paid  out
during  the  fiscal year that the center is established; and (b) the sum
of one million six hundred thousand dollars ($1,600,000) to be paid  out
in the fiscal year immediately following the fiscal year that the center
is established.
  S  7.  This act shall take effect immediately; provided, however, that
the amendments to section 2590-b of the education law made  by  sections
one and two of this act, and section 2590-c of the education law made by
section  three  of this act shall not affect the expiration or repeal of
such provisions and shall expire and be deemed repealed therewith.

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