Senate Bill S8515

                                BILL NUMBER:S8515

TITLE OF BILL:  An act to amend the education law, in relation to estab-
lishing a review panel for the waiver for qualifications for superinten-
dents in cities having a population of one million or more; and making
an appropriation therefor

PURPOSE OF BILL:  This bill would establish a review panel for the nomi-
nation of superintendents in cities having a population of million or
more.

SUMMARY OF SPECIFIC PROVISIONS:  Section 3003(1) subdivision 3(a) of the
Education Law would be amended to establish a review panel.

Subdivision 3(b) would be added to create a 13 member review panel.

Subdivision 3(c) establishes that no compensation will be provided to
panel except for their actual expenses incurred in the performance of
their official duties.

Subdivision 3(d) establishes that the panel shall meet at the request of
the Commissioner or the Board of Regents

Subdivision 3(e) establishes that approval by the panel shall require an
affirmative vote of the majority of the members.

              

Section 3003 (2) shall be added to appropriate $25,000 to the Department
of Education for the purpose of carrying out the provisions of this act.

Section 3003(3) makes this act effect on the first of July succeeding
the date on which the act becomes law.

JUSTIFICATION:  Pursuant to existing law, the commissioner of education
may issue a superintendent's certificate to a candidate that meets
certain graduate course or teaching requirements. The current law also
allows the commissioner of education to issue this certificate to a
candidate who does not specifically meet the enumerated qualifications.
However, there is no review process for the issuance of this certif-
icate, which is also known as the granting of a waiver.

While such a waiver may have been good policy when school districts were
less complex, and the schools faced less intractable pedagogical chal-
lenges, waivers are no longer justifiable. Today's superintendents must
combine the skills of a manager, with the experience, professionalism,
educational background and insight of a professional educator.

When we fly on a plane, we want the most experienced pilot we can get.
When an emergency occurs, we want trained emergency personnel to be the
first responders. When our house is on fire, we want firefighters with
experience facing flame that will not buckle under the heat.  Moreover,
we want those professionals chosen in a manner that is fully transparent
and accountable to all the people who depend upon their skills.

It is not alarmist to say that our nation's schools are on fire.  Gradu-
ation rates are shameful, particularly among children of lower economic
means and in schools from distressed census tracts. Violence is, sadly,
epidemic. It is time we remembered that our schools deserve that same
level of care and professionalism that we require in so many other
services provided to us, and to our children, and it is time to remember
that we must choose the superintendents of our schools in as transparent
and accountable a manner as possible.

Empanelling a board to examine the credentials of a person proposed for
the New York City Schools' Chancellor's position, but needing a waiver,
is logical and the least we can do to protect the investment we have
made in the school system and our children. Such a board will be able to
ask questions about a proposed Chancellor's experience, and in a manner
designed to probe deeper than talking points, determine whether such an
individual possesses the experience, skills and character necessary to a
position such as that of the Chancellor.

The Chancellor of New York City's schools has 51 powers and duties
including promulgating minimum educational standards, curriculum
requirements, and mandatory educational objectives. The Chancellor is
also entrusted with developing a plan to establish comprehensive high
schools for New York City, analyzing the impact of proposed school clos-
ings, and appointing teachers' aides. In sum, the Chancellor of New York
City's schools plays a vital part in making sure New York City schools
adequately prepare our 1.1 million students, to be productive partic-
ipants in today's global society.

It is important that we ensure that if a candidate does not meet the
qualifications enumerated, there is a panel to review such a candidate
to ensure the candidate's competency.

LEGISLATIVE HISTORY:  None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  $25,000 Appropri-
ated to the Department of Education.

EFFECTIVE DATE:  July 1, 2011 provided, however, that effective imme-
diately, the addition, amended and or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this act on
its effective date are authorized and directed to be made and completed
on or before such effective date.