S T A T E   O F   N E W   Y O R K
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                                  1592

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. ENGLEBRIGHT, COLTON, EDDINGTON -- Multi-Sponsored
  by  -- M. of A.  CLARK, HOOPER, McENENY, PERRY, J. RIVERA -- read once
  and referred to the Committee on Education

AN ACT to amend the education  law,  in  relation  to  establishing  the
  office of ombudsman for public schools

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

  Section 1. The education law is amended by adding a new section  103-a
to read as follows:
  S  103-A.  OFFICE  OF  OMBUDSMAN  FOR PUBLIC SCHOOLS. 1. THE OFFICE OF
OMBUDSMAN FOR PUBLIC SCHOOLS IS HEREBY CREATED WITHIN THE DEPARTMENT  TO
INDEPENDENTLY INVESTIGATE COMPLAINTS OF ENVIRONMENTAL, HEALTH AND SAFETY
VIOLATIONS AND CONCERNS IN PUBLIC SCHOOLS; AND TO PROVIDE INFORMATION TO
THE  PUBLIC  ON  HOW  TO  FILE SUCH COMPLAINTS AND THE REQUIREMENTS THAT
PUBLIC SCHOOLS MUST COMPLY WITH RELATING TO  ENVIRONMENTAL,  HEALTH  AND
SAFETY  ISSUES.   SUCH OFFICE SHALL ACT INDEPENDENTLY OF THE DEPARTMENT,
AND SHALL NOT BE SUBJECT TO THE CONTROL OR SUPERVISION OF  THE  REGENTS,
DEPARTMENT OR COMMISSIONER. THE OFFICE OF THE OMBUDSMAN SHALL BE SUBJECT
TO THE CONTROL AND SUPERVISION OF THE BOARD THEREOF.
  2.  THE  BOARD  OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL BE
COMPOSED OF NINE MEMBERS TO BE APPOINTED BY THE REGENTS.  THE MEMBERS OF
SUCH BOARD SHALL EACH SERVE A TERM OF OFFICE OF  FIVE  YEARS;  PROVIDED,
HOWEVER,  THAT  THE  INITIAL  APPOINTEES  TO  THE  BOARD SHALL SERVE THE
FOLLOWING TERMS OF OFFICE:  TWO MEMBERS SHALL SERVE TERMS OF  ONE  YEAR;
TWO  MEMBERS  SHALL  SERVE  TERMS  OF TWO YEARS; TWO MEMBERS SHALL SERVE
TERMS OF THREE YEARS; TWO MEMBERS SHALL SERVE TERMS OF FOUR  YEARS;  AND
ONE  MEMBER  SHALL SERVE A TERM OF FIVE YEARS. THE MEMBERS OF SUCH BOARD
SHALL BE BROADLY REPRESENTATIVE OF THE GEOGRAPHIC AREAS  OF  THE  STATE,
AND  SHALL HAVE EXPRESSED AN ACTIVE INTEREST IN OR OBTAINED PROFESSIONAL
KNOWLEDGE IN ENVIRONMENTAL,  HEALTH  AND  SAFETY  CONDITIONS  IN  PUBLIC

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

                                                           LBD04759-01-9

A. 1592                             2

SCHOOLS.  THE  CHAIR  OF THE BOARD SHALL BE DESIGNATED BY THE BOARD FROM
AMONGST ITS MEMBERS. VACANCIES IN THE MEMBERSHIP OF THE BOARD  SHALL  BE
FILLED  IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. THE MEMBERS OF
THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR DUTIES PURSUANT TO THIS SECTION.
  3. THE BOARD OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL  HAVE
A  QUORUM  OF  SIX MEMBERS FOR THE CONDUCT OF BUSINESS. SUCH BOARD SHALL
ALSO:
  A. PROMULGATE RULES AND REGULATIONS NECESSARY TO EXERCISE  THE  POWERS
AND DUTIES OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS;
  B.  EMPLOY AND AT PLEASURE REMOVE AN EXECUTIVE DIRECTOR AND SUCH OTHER
PERSONNEL AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF SUCH  OFFICE'S
FUNCTIONS,  AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR;
  C. HOLD PUBLIC HEARINGS;
  D. HAVE ALL THE POWERS OF A  LEGISLATIVE  COMMITTEE  PURSUANT  TO  THE
LEGISLATIVE LAW;
  E.  BE  ENTITLED  TO  REQUEST  AND  RECEIVE  AND  SHALL UTILIZE AND BE
PROVIDED WITH SUCH FACILITIES, RESOURCES AND DATA OF THE  DEPARTMENT  AS
IT  MAY  REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS AND DUTIES,
AND THOSE OF THE OFFICE;
  F. BE ENTITLED TO  REQUEST  AND  RECEIVE  AND  SHALL  UTILIZE  AND  BE
PROVIDED  WITH SUCH RESOURCES, DATA AND INFORMATION OF THE DEPARTMENT OF
HEALTH AND THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AS  IT  MAY
REASONABLY REQUEST TO CARRY OUT PROPERLY IT POWERS AND DUTIES, AND THOSE
OF THE OFFICE;
  G.  BE  ENTITLED  TO  REQUEST  AND  RECEIVE  AND  SHALL UTILIZE AND BE
PROVIDED WITH  SUCH  RESOURCES,  DATA  AND  INFORMATION  BY  ANY  SCHOOL
DISTRICT  AS  IT  MAY REASONABLY REQUEST TO PROPERLY CONDUCT AN INVESTI-
GATION OF A COMPLAINT PURSUANT TO THIS SECTION;
  H. ESTABLISH AND OPERATE A TOLL-FREE TELEPHONE NUMBER AND AN  INTERNET
WEBSITE  AT  WHICH  INTERESTED  PERSONS CAN OBTAIN INFORMATION ON HOW TO
FILE A COMPLAINT WITH THE OFFICE AND INFORMATION ON  THE  ENVIRONMENTAL,
HEALTH AND SAFETY REQUIREMENTS FOR PUBLIC SCHOOLS;
  I.  ESTABLISH  AND  CONDUCT  A  PUBLIC INFORMATION CAMPAIGN TO PROVIDE
AWARENESS OF THE POWERS AND DUTIES OF SUCH OFFICE;
  J. HAVE SUBPOENA POWERS AND THE POWER TO COMPEL THE SWORN TESTIMONY OF
ANY WITNESS WHICH THE EXECUTIVE DIRECTOR DEEMS NECESSARY IN THE SCOPE OF
ANY INVESTIGATION AUTHORIZED BY THIS SECTION; AND
  K. RECEIVE AND INVESTIGATE COMPLAINTS FROM  ANY  PERSONS  RELATING  TO
ENVIRONMENTAL, HEALTH AND SAFETY ISSUES IN PUBLIC SCHOOLS.
  4.  THE  OFFICE  OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL, NOT LATER THAN
SEVEN DAYS AFTER THE RECEIPT OF A COMPLAINT, COMMENCE  AN  INVESTIGATION
OF  SUCH COMPLAINT. NOT MORE THAN THIRTY DAYS AFTER COMMENCING AN INVES-
TIGATION, SUCH OFFICE SHALL SEND A PRELIMINARY  WRITTEN  REPORT  OF  THE
INITIAL  INVESTIGATION  TO  THE COMPLAINANT. UPON FINAL COMPLETION OF AN
INVESTIGATION, THE OFFICE SHALL SEND A FINAL REPORT OF ITS  FINDINGS  TO
THE COMPLAINANT, THE SCHOOL DISTRICT, AND ANY LOCAL, STATE AND/OR FEDER-
AL  AGENCY  HAVING  JURISDICTION OVER THE ISSUE INVESTIGATED, AND TO THE
APPROPRIATE DISTRICT  ATTORNEY  OR  THE  ATTORNEY  GENERAL  IF  CRIMINAL
VIOLATIONS ARE ALLEGED TO HAVE OCCURRED.
  5. ANNUALLY, ON OR BEFORE SEPTEMBER FIRST, THE OFFICE OF OMBUDSMAN FOR
PUBLIC  SCHOOLS  SHALL SUBMIT A REPORT TO THE GOVERNOR, TEMPORARY PRESI-
DENT OF THE SENATE, SPEAKER OF THE ASSEMBLY  AND  REGENTS,  WHICH  SHALL
INCLUDE  THE NUMBER AND TYPES OF COMPLAINTS RECEIVED DURING THE PREVIOUS

A. 1592                             3

SCHOOL YEAR, THE RESULTS OF  THE  INVESTIGATIONS  CONDUCTED  DURING  THE
PREVIOUS  SCHOOL  YEAR, AND RECOMMENDATIONS FOR THE IMPROVEMENT OF ENVI-
RONMENTAL, HEALTH AND SAFETY CONDITIONS IN PUBLIC SCHOOLS.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.