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

                                  7731

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 22, 2009
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law and the  New  York  city  charter,  in
  relation  to  enacting  the  "New  York  city  department of education
  accountability act"; and to repeal certain provisions of the education
  law relating thereto

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

  Section  1.  This act shall be known and may be cited as the "New York
city department of education accountability act".
  S 2. Legislative findings. The legislature hereby finds  and  declares
that  transparency,  fiscal  accountability,  community  involvement and
governmental oversight are essential  ingredients  in  providing  educa-
tional  services  and  opportunities  to the children of the city of New
York. To achieve these objectives, the department of  education  of  the
city of New York should comply with the provisions of the charter of the
city of New York.
  S  3. Subdivision 5 of section 2590-a of the education law is REPEALED
and two new subdivisions 5 and 11 are added to read as follows:
  5. NEW YORK CITY COMMISSIONER OF EDUCATION. THE TERM  "NEW  YORK  CITY
COMMISSIONER  OF  EDUCATION" SHALL MEAN THE INDIVIDUAL FORMERLY KNOWN AS
THE CHANCELLOR, WHO SHALL BE THE OPERATIONAL AND ADMINISTRATIVE HEAD  OF
THE  DEPARTMENT  OF  EDUCATION, AND WHO SHALL BE APPOINTED IN ACCORDANCE
WITH THE TERMS OF THIS ARTICLE.    WHENEVER  THE  FORMER  CHANCELLOR  IS
REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT PERTAINING TO
THE  FUNCTIONS,  POWERS,  OBLIGATIONS  AND DUTIES HEREBY TRANSFERRED AND
ASSIGNED, SUCH REFERENCE OR DESIGNATION SHALL BE DEEMED TO REFER TO  THE
NEW YORK CITY COMMISSIONER OF EDUCATION.
  11.  DEPARTMENT OF EDUCATION. THE TERM "DEPARTMENT OF EDUCATION" SHALL
MEAN THE ENTITY RESPONSIBLE FOR OPERATING, MANAGING AND PROVIDING EDUCA-
TIONAL SERVICES WITHIN THE CITY DISTRICT, AND FOR PURPOSES OF  COMPLYING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10449-09-9
              

A. 7731                             2

WITH  ARTICLE  FIFTY-TWO-A OF THIS CHAPTER, THE "NEW YORK CITY COMMUNITY
SCHOOL DISTRICT SYSTEM," SHALL COMPLY WITH THE CHARTER OF  THE  CITY  OF
NEW  YORK  AND  BE  AN  "AGENCY"  OF THE CITY AS THAT TERM IS DEFINED IN
SECTIONS  ONE  THOUSAND  FORTY-ONE,  ELEVEN HUNDRED FIFTY AND TWENTY-SIX
HUNDRED ONE OF SUCH CHARTER, PROVIDED THAT (A) SECTION  TWENTY-EIGHT  OF
SUCH  CHARTER  DOES  NOT APPLY TO THE POWERS AND DUTIES DELEGATED TO THE
CITY BOARD PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF SECTION TWEN-
TY-FIVE HUNDRED NINETY-G OF THIS ARTICLE OR THE POWERS AND DUTIES DELEG-
ATED TO THE COMMISSIONER PURSUANT TO SUBDIVISIONS EIGHT  AND  THIRTY-ONE
OF SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE, AND (B) CHAPTER
THIRTEEN  OF  SUCH CHARTER DOES NOT APPLY TO THE POWERS AND RESPONSIBIL-
ITIES DELEGATED TO PRINCIPALS PURSUANT TO  SECTION  TWENTY-FIVE  HUNDRED
NINETY-I OF THIS ARTICLE.
  S  4.  The  section heading of section 2590-b of the education law, as
amended by chapter 123 of the laws of 2003, is amended and a new  subdi-
vision 1-a is added to read as follows:
  Continuation  of  city board and establishment of community districts;
establishment of the city-wide council on special education;  ESTABLISH-
MENT OF THE DEPARTMENT OF EDUCATION.
  1-A.  DEPARTMENT OF EDUCATION. THERE IS HEREBY ESTABLISHED THE DEPART-
MENT OF EDUCATION OF THE CITY OF NEW YORK,  RESPONSIBLE  FOR  OPERATING,
MANAGING  AND  PROVIDING  EDUCATIONAL SERVICES WITHIN THE CITY DISTRICT,
AND FOR PURPOSES OF COMPLYING WITH ARTICLE FIFTY-TWO-A OF THIS  CHAPTER,
THE  "NEW YORK CITY COMMUNITY SCHOOL DISTRICT SYSTEM," SHALL COMPLY WITH
THE CHARTER OF THE CITY OF NEW YORK AND BE AN "AGENCY" OF  THE  CITY  AS
THAT  TERM IS DEFINED IN SECTIONS ONE THOUSAND FORTY-ONE, ELEVEN HUNDRED
FIFTY AND TWENTY-SIX HUNDRED ONE OF  SUCH  CHARTER,  PROVIDED  THAT  (A)
SECTION  TWENTY-EIGHT  OF  SUCH CHARTER DOES NOT APPLY TO THE POWERS AND
DUTIES DELEGATED TO THE CITY BOARD PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
SION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS ARTICLE OR  THE
POWERS AND DUTIES DELEGATED TO THE COMMISSIONER PURSUANT TO SUBDIVISIONS
EIGHT  AND  THIRTY-ONE  OF  SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS
ARTICLE, AND (B) CHAPTER THIRTEEN OF SUCH CHARTER DOES NOT APPLY TO  THE
POWERS  AND RESPONSIBILITIES DELEGATED TO PRINCIPALS PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-I OF THIS ARTICLE.
  S 5. The chapter heading of chapter 20 of the New York city charter is
amended to read as follows:
                          DEPARTMENT OF EDUCATION
  S 6. The New York city charter is amended by adding a new section  519
to read as follows:
  S  519.  DEPARTMENT;  COMMISSIONER; RESPONSIBILITIES. THERE SHALL BE A
DEPARTMENT OF EDUCATION  TO  OPERATE,  MANAGE  AND  PROVIDE  EDUCATIONAL
SERVICES  WITHIN  THE SCHOOL DISTRICT OF THE CITY OF NEW YORK IN ACCORD-
ANCE WITH THE STATE EDUCATION LAW, THE HEAD OF WHICH SHALL  BE  THE  NEW
YORK  CITY  COMMISSIONER OF EDUCATION, WHOSE APPOINTMENT, TENURE, POWERS
AND DUTIES SHALL BE DETERMINED IN ACCORDANCE WITH STATE LAW.
  S 7. Notwithstanding any other provision of  law,  on  and  after  the
effective  date  of  this  act, any place in the law which refers to the
chancellor in the city of New York, shall be deemed to refer to the  New
York  city  commissioner  of education as defined in subdivision five of
section 2590-a of the education law as added by section  three  of  this
act.
  S 8. This act shall take effect immediately, provided however that the
amendments to the section heading of section 2590-b of the education law
made by section four of this act shall not affect the expiration of such
section heading and shall be deemed to expire therewith.