senate Bill S1408

Prohibits waivers for nominees to the office of chancellor of NYC school districts

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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

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

Prohibits waivers for nominees to the office of chancellor of the NYC school district.

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Bill Details

Versions:
S1408
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3003, Ed L
Versions Introduced in 2011-2012 Legislative Cycle:
S7398

Sponsor Memo

BILL NUMBER:S1408

TITLE OF BILL:
An act
to amend the education law, in relation to the superintendent of the New
York city school district

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
commissioner 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 consequences for school children when major
education-related decisions are made by unqualified individuals. By
prohibiting waivers and thus removing mayoral control over the
selection of the chancellor, we can ensure that the leader of NYC
schools is truly qualified to work in the education system.


LEGISLATIVE HISTORY:
2011-2012: S.7398 - Died in Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1408

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MONTGOMERY, DILAN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Education

AN  ACT to amend the education law, in relation to the superintendent of
  the New York city school district

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

  Section  1.  Section  3003 of the education law is amended by adding a
new subdivision 6 to read as follows:
  6. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE COMMISSIONER  SHALL
NOT  ISSUE  A  WAIVER  FROM  THE REQUIREMENTS OF SUBDIVISION ONE OF THIS
SECTION TO ANY PERSON NOMINATED TO  EXERCISE  THE  POWERS  DESCRIBED  IN
SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS CHAPTER AND WHO IS KNOWN AS
THE  SUPERINTENDENT  OR CHANCELLOR OF THE NEW YORK CITY SCHOOL DISTRICT,
NOR SHALL THE COMMISSIONER GRANT A SCHOOL DISTRICT LEADER CERTIFICATE TO
AN INDIVIDUAL WHO FAILS TO MEET THE REQUIREMENTS OF SUCH SUBDIVISION.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04049-01-3

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