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

                                  8478

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 21, 2009
                               ___________

Introduced by M. of A. HEASTIE, AUBRY, JEFFRIES -- Multi-Sponsored by --
  M.  of  A. COLTON, GLICK -- read once and referred to the Committee on
  Education

AN ACT to amend the education law and the  New  York  city  charter,  in
  relation to enacting the "better schools act"; expanding the duties of
  the  city  board  and other officials of the city of New York, and the
  independent budget office; establishing procedures  and  policies  for
  certain  education related matters, and creating the center for parent
  and student service and empowerment

  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 "better
schools act".
  S 2. Legislative intent.  The intent of the  legislature  in  enacting
the "better schools act" is to strengthen the decision making process by
which  education policies and reforms are developed and executed, and to
restore the trust that families and communities have put in  the  school
system,  by  promoting  and  emphasizing the importance of open communi-
cation and public forum, and shared decision making between  administra-
tors, public officials, parents, students and community organizations.
  S 3. Subdivision 1 of section 2590-b of the education law, as added by
chapter 91 of the laws of 2002, is amended to read as follows:
  1.  (a) The board of education of the city school district of the city
of New York is hereby continued. Such board of education  shall  consist
of  [thirteen]  SEVENTEEN  members:  one  member to be appointed by each
borough president of the city of New York; [seven] EIGHT members  to  be
appointed by the mayor of the city of New York; [and the chancellor] ONE
MEMBER  TO  BE  APPOINTED BY THE GOVERNOR; ONE MEMBER TO BE APPOINTED BY
THE TEMPORARY PRESIDENT OF THE SENATE; ONE MEMBER TO BE APPOINTED BY THE
SPEAKER OF THE ASSEMBLY; AND ONE MEMBER TO BE APPOINTED BY THE CITY-WIDE
COUNCIL.  The [chancellor shall serve as the  chairperson  of  the  city

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11485-02-9
              

A. 8478                             2

board] BOARD OF EDUCATION SHALL SELECT A BOARD MEMBER TO SERVE AS CHAIR.
All [twelve] SEVENTEEN appointed members shall serve [at the pleasure of
the  appointing  authority] UNTIL THE COMPLETION OF THEIR TERM, SHALL BE
REMOVABLE  ONLY  FOR  CAUSE and shall not be employed in any capacity by
the city of New York, or a  subdivision  thereof,  or  the  city  board.
APPOINTING  BODIES SHOULD CONSIDER RACIAL, GEOGRAPHIC AND SOCIO-ECONOMIC
DIVERSITY IN THEIR  APPOINTMENTS.  Each  borough  president's  appointee
shall  be  a  resident  of  the  borough for which the borough president
appointing him or her was elected and shall be the parent of a child  OR
SHALL  BE  A  STUDENT  attending  a public school within the city school
district  of  the  city  of  New  York  OR  AN  ACTIVE   MEMBER   OF   A
COMMUNITY-BASED ORGANIZATION WITHIN THE CITY OF NEW YORK.  [Each mayoral
appointee]  THE  REMAINING TWELVE APPOINTEES shall be [a resident] RESI-
DENTS of the city OF NEW YORK. THE TERM OF OFFICE OF EACH  MEMBER  SHALL
BE  TWO YEARS.  Any vacancy shall be filled by appointment by the appro-
priate appointing authority.   Notwithstanding any  provision  of  local
law, the members of the board shall not have staff, offices, or vehicles
assigned  to  them or receive compensation for their services, but shall
be reimbursed for the actual and necessary expenses incurred by them  in
the performance of their duties.
  (b)  The  city  board shall hold at least twelve meetings per year, AT
LEAST ONE MEETING PER MONTH; any additional meetings may  be  called  at
the  request  of the [chancellor] CHAIR OF THE CITY BOARD.  THE CHAIR OF
THE CITY BOARD SHALL PREPARE THE AGENDAS FOR ALL  BOARD  MEETINGS.  SUCH
MEETINGS  SHALL  BE  OPEN  TO THE PUBLIC; THE BOARD SHALL SOLICIT PUBLIC
COMMENT ON ALL ISSUES TO BE VOTED ON. NOTICE OF AN UPCOMING MEETING  AND
A  COPY  OF  SUCH  MEETING'S  AGENDA,  ALONG  WITH  THE  LANGUAGE OF ANY
PROPOSALS TO BE VOTED UPON, SHALL BE PUBLICLY DISSEMINATED, IN THE EIGHT
MOST COMMON LANGUAGES SPOKEN BY PARENTS, AT LEAST TWO WEEKS  IN  ADVANCE
OF SUCH MEETING. SUCH MEETINGS SHALL BE HELD IN VENUES THAT CAN ACCOMMO-
DATE  LARGE PUBLIC ATTENDANCE; LANGUAGE INTERPRETATION SERVICES SHALL BE
PROVIDED AT ALL MEETINGS.
  S 4. Section 2590-f of the education law, as added by chapter  720  of
the  laws of 1996, paragraphs (s) and (t) of subdivision 1, subdivisions
2 and 3 as amended and paragraph (u) of subdivision 1 as added by  chap-
ter 123 of the laws of 2003, is amended to read as follows:
  S  2590-f.  Community  superintendents.  1.  Subject  in every case to
powers devolved to principals and schools consistent with this  article,
the superintendent shall have the following powers and duties:
  (a) to assist district schools in obtaining waivers from state, feder-
al  and  city  board  regulations  where  appropriate to promote student
achievement and school performance.
  (b) to delegate any of her or his powers and duties to  such  subordi-
nate officers or employees of her or his community district as she or he
deems  appropriate and to modify or rescind any power and duty so deleg-
ated.
  (c) except for the appointment of supervisors  pursuant  to  paragraph
(d)  of  this  subdivision,  to  appoint,  define the duties of, assign,
promote and discharge all employees,  including  teacher-aides,  of  the
community  district,  and fix their compensation and terms of employment
within amounts appropriated  therefor  and  not  inconsistent  with  the
provisions of this article and any collective bargaining agreement.
  (d)  to  appoint  supervisory  personnel from candidates screened by a
committee including parents, teachers, and school support personnel, who
shall  be  selected  and  shall  operate  in  a  manner  prescribed   by
chancellor's regulations.

A. 8478                             3

  (e)  to appoint or reject the principal candidates screened by screen-
ing committees, in accordance with procedures and criteria prescribed by
chancellor's regulations, and  subject  to  the  chancellor's  power  to
reject  such  appointments pursuant to section twenty-five hundred nine-
ty-h of this article.
  (f)  to  SUPERVISE AND evaluate, at least annually, the performance of
principals for every school in the district with respect to  educational
effectiveness and school performance, including effectiveness of promot-
ing student achievement and parental involvement, and maintaining school
discipline.   THE SUPERINTENDENT SHALL HAVE ACCESS TO ALL SCHOOL RECORDS
NECESSARY TO CARRY OUT SUCH EVALUATIONS.
  (g) the authority to transfer  or  remove  principals  for  persistent
educational  failure,  conflicts of interest, and ethics violations, and
to require principals to participate  in  training  and  other  remedial
programs to address identified factors affecting student achievement and
school  performance,  consistent with sections twenty-five hundred nine-
ty-h, twenty-five hundred ninety-i and twenty-five hundred  ninety-l  of
this article.
  (h) to review, modify and approve school-based budgets proposed by the
school,  pursuant  to section twenty-five hundred ninety-r of this arti-
cle.
  (i) to retain one or more district  fiscal  officers  to  monitor  and
report on schools' expenditures pursuant to the school-based budgets.
  (j)  within  the  amounts appropriated therefor to administer district
minor repair and purchasing funds, and make them  available  to  schools
consistent  with  sections  twenty-five  hundred  ninety-i,  twenty-five
hundred  ninety-r,  and  subdivisions  thirty-six  and  thirty-seven  of
section  twenty-five  hundred ninety-h of this article, for services and
supplies provided by the chancellor, the superintendent, or purchased by
the schools, and to provide for minor repairs to  all  school  buildings
and other buildings and sites under the district's jurisdiction.
  (k)  subject to subdivision three of section twenty-five hundred nine-
ty-e of this article and this section, to approve or disapprove  matters
relating  to  the instruction of students, including the power to disap-
prove school choices with respect to selection of  textbooks  and  other
instructional materials.
  (l)  to operate administrative offices and similar facilities, includ-
ing social centers, and recreational and extracurricular programs, under
the district's jurisdiction, and the duty to support  the  operation  of
school facilities.
  (m)  subject to regulations or resolutions of the city board, to oper-
ate cafeteria or restaurant services for pupils and teachers and for the
use by the community for school related functions and activities and  to
furnish  meals  to  the  elderly,  sixty  years  of age or older, of the
district. Charges shall be sufficient to meet the direct cost of prepar-
ing and serving such meals, reducible by available reimbursements.
  (n) to maintain discipline in the  educational  and  other  facilities
under the jurisdiction of the district, including the duty to assist the
schools in maintaining discipline.
  (o)  to  employ  or retain counsel subject to the powers and duties of
the corporation counsel of the city of New York  to  be  the  district's
attorney  and counsel pursuant to subdivision a of section three hundred
ninety-four of the New York city charter;  provided,  however,  that  in
actions or proceedings between community districts or between a communi-
ty  district  and the city board, each community district may be repres-
ented by its own counsel.

A. 8478                             4

  (p) in compliance with rules  and  regulations  of  the  commissioner,
promulgated  pursuant  to  section one hundred one-a of this chapter, to
give written notice to the family court pursuant to subdivision three of
section seven hundred fifty-eight-a and  subdivision  three  of  section
353.6  of  the  family  court  act of the desire of any school under the
jurisdiction of the community district to  act  in  the  supervision  of
certain juveniles while performing services for the public good.
  (q)  to  take all necessary steps to ensure the integrity of community
district operations, consistent  with  regulations  promulgated  by  the
chancellor and the city board.
  (r)   where   so   authorized  by  the  chancellor,  to  exercise  the
chancellor's powers under subdivision thirty-one of section  twenty-five
hundred ninety-h of this article.
  (s)  to provide written notice and other related information described
in paragraph (b) of subdivision  four  of  section  twenty-five  hundred
ninety-c  of  this article to every parent of a child, including a child
with a disability, attending a school under the jurisdiction of  his  or
her community district education council as directed by the chancellor.
  (t) notwithstanding any provisions of law to the contrary, to exercise
all  of  the  duties  and responsibilities of the employing board as set
forth in section three thousand twenty-a of this chapter pursuant  to  a
delegation  of the chancellor under section twenty-five hundred ninety-h
of this article.
  (u) to provide relevant data to the community district education coun-
cil to encourage informed and  adequate  public  discussion  on  student
achievement and the state of each school within the district.
  (V)  TO  ADDRESS  ISSUES  REGARDING  SCHOOL CHOICE, DISCIPLINE SUCH AS
SUSPENSIONS OR EXPULSIONS, LANGUAGE ASSISTANCE ACCESS  FOR  PARENTS  AND
STUDENTS,  EDUCATION  OF  STUDENTS WITH DISABILITIES AND SHARED DECISION
MAKING.
  (W) TO HOLD PUBLIC MEETINGS AT LEAST TWICE DURING THE SCHOOL YEAR  FOR
THE  PURPOSE  OF  REPORTING ON DISTRICT PERFORMANCE AND TO DISCUSS PLANS
FOR IMPROVEMENT OF DISTRICT SCHOOLS.
  2. In exercising such powers and duties each community  superintendent
shall  comply  with  all applicable provisions of law, by-laws, rules or
regulations, directives or agreements of the chancellor and his  or  her
community  district education council and with the city-wide educational
policies established by the city board and his or her community district
education council, including performance standards addressed to adminis-
tration and educational effectiveness, and any requirements for continu-
ing training and education, embodied in standards,  circulars  or  regu-
lations promulgated by the chancellor.
  3. No person who has served as a member of a community district educa-
tion council may be employed by that board or the superintendent of that
district  within  a  period of three years after the termination of such
service unless such person qualifies for  the  position  pursuant  to  a
competitive  examination  and applicable provisions of the civil service
law.
  S 5. Subdivision 1 of section 2590-g of the education law, as  amended
by chapter 91 of the laws of 2002, is amended to read as follows:
  1.  (a)  approve  standards,  policies,  objectives,  and  regulations
proposed by the chancellor directly related to  educational  achievement
and  student  performance;  [and]  (b)  APPROVE THE ANNUAL DEPARTMENT OF
EDUCATION OPERATING BUDGET PROPOSED BY THE CHANCELLOR; (C)  APPROVE  THE
FIVE-YEAR  EDUCATIONAL  FACILITIES CAPITAL PLAN PROPOSED BY THE CHANCEL-
LOR; AND (D) consider and approve any other standards, policies,  objec-

A. 8478                             5

tives,  and  regulations as specifically authorized or required by state
or federal law or regulation;
  S  6.  Section  2590-g of the education law is amended by adding a new
subdivision 7 to read as follows:
  7. APPROVE LARGE PROCUREMENT CONTRACTS THAT WOULD SIGNIFICANTLY IMPACT
THE PROVISION OF EDUCATIONAL SERVICES OR PROGRAMMING WITHIN  THE  SCHOOL
DISTRICT.    FOR  PURPOSES OF THIS SECTION "LARGE PROCUREMENT CONTRACTS"
SHALL MEAN PROCUREMENT CONTRACTS  IN  EXCESS  OF  TWO  HUNDRED  THOUSAND
DOLLARS.
  S  7.  The  opening  paragraph  and  subdivisions 16 and 30 of section
2590-h of the education law, as amended and subdivision 30 as  added  by
chapter  91 of the laws of 2002, are amended and a new subdivision 48 is
added to read as follows:
  The office of chancellor of the city  district  is  hereby  continued.
Such  chancellor  shall  serve at the pleasure of and be employed by the
mayor of the city of New York by contract. The length of  such  contract
shall  not exceed by more than two years the term of office of the mayor
authorizing such contract. The chancellor shall receive a salary  to  be
fixed  by  the mayor within the budgetary allocation therefor. He or she
shall exercise all his or her powers and duties in a manner  not  incon-
sistent  with the city-wide educational policies of the city board.  The
chancellor shall NOT BE A VOTING MEMBER OF THE CITY BOARD, BUT MAY SERVE
AS AN EX-OFFICIO MEMBER OF SUCH BOARD. THE  CHANCELLOR  SHALL  have  the
following  powers  and duties as the superintendent of schools and chief
executive officer for the city  district,  which  the  chancellor  shall
exercise to promote an equal educational opportunity for all students in
the schools of the city district, promote fiscal and educational equity,
increase  student achievement and school performance and encourage local
school-based innovation, including the power and duty to:
  16. Promulgate such rules and regulations as he or she  may  determine
to  be  necessary or convenient to accomplish the purposes of this [act]
SECTION, not inconsistent with the provisions of this  article  and  the
city-wide  educational policies of the city board, AND SUBJECT TO EXIST-
ING LAW REQUIRING PUBLIC NOTICE, PUBLICATION, HEARINGS  AND  OPPORTUNITY
FOR PUBLIC COMMENT AND CONSIDERATION THEREOF PRIOR TO SUCH PROMULGATION.
  30.  Select and appoint a community superintendent, in compliance with
the qualifications required by subdivision twenty-nine of  this  section
and  subject to the provisions of subdivision two of section twenty-five
hundred ninety-j of this article, AND IN CONSULTATION WITH THE COMMUNITY
DISTRICT EDUCATION COUNCIL AND  THE  PRESIDENTS'  COUNCIL  AND  DISTRICT
LEADERSHIP TEAM, at a salary to be fixed within the budgetary allocation
therefor.
  48.  THE  CHANCELLOR  SHALL  PROVIDE  TO THE NEW YORK CITY INDEPENDENT
BUDGET OFFICE INFORMATION, DATA, ESTIMATES AND STATISTICS REGARDING  ALL
MATTERS RELATING TO SCHOOLS UNDER THE DISTRICT'S JURISDICTION, INCLUDING
BUT  NOT  LIMITED  TO, FINANCIAL STATEMENTS, SCHOOL PERFORMANCE, STUDENT
ACHIEVEMENT, STUDENT SAFETY, AND SUCH REPORTS, DATA STATISTICS OR EVALU-
ATIONS PROPOSED, REVIEWED, APPROVED OR SUBMITTED TO OR BY THE CHANCELLOR
IN ACCORDANCE WITH THIS SECTION, AS  THE  DIRECTOR  OF  THE  INDEPENDENT
BUDGET  OFFICE DETERMINES TO BE NECESSARY TO ENHANCE PUBLIC AND OFFICIAL
UNDERSTANDING OF THE SCHOOL DISTRICT. SUCH INFORMATION SHALL BE  SUBMIT-
TED  TO  THE INDEPENDENT BUDGET OFFICE IN A TIMELY FASHION AND IN A FORM
WHICH THE DIRECTOR DEEMS MOST APPROPRIATE.
  S 8. Paragraph (i) of subdivision 1 of section 2590-i of the education
law, as added by chapter 720 of the laws of 1996, is amended and  a  new
paragraph (j) is added to read as follows:

A. 8478                             6

  (i)  to  manage  and  operate the school building and other facilities
under its jurisdiction[.],
  (J)  TO HOLD PUBLIC MEETINGS AT LEAST TWICE DURING THE SCHOOL YEAR FOR
THE PURPOSE OF REPORTING ON SCHOOL FINANCES AND STUDENT PERFORMANCE, AND
TO DISCUSS PLANS  FOR  MEETING  SCHOOLS'  COMPREHENSIVE  EDUCATION  PLAN
BENCHMARKS AND BUDGET TARGETS.
  S 9. Paragraph (c) of subdivision 2 of section 2590-i of the education
law, as amended by chapter 91 of the laws of 2002, is amended to read as
follows:
  (c)  Principals  AND ASSISTANT PRINCIPALS shall be selected consistent
with regulations of the chancellor establishing a process that  promotes
AND  ENSURES  THAT parental [and], staff, STUDENT AND COMMUNITY involve-
ment in the recruitment, screening, interviewing and  recommendation  of
candidates.  Candidates must meet the requirements of regulations of the
chancellor  establishing  educational,  managerial,  and  administrative
qualifications,  including  evaluation  of  each  candidate's  record of
performance in comparable positions. In the case of  schools  under  the
jurisdiction  of  the  community  districts,  a  candidate approved by a
community superintendent may nonetheless, before assuming the  position,
be rejected by the chancellor for cause.
  S 10. Subdivision 4 of section 2590-q of the education law, as amended
by chapter 123 of the laws of 2003, is amended to read as follows:
  4. On such date as the mayor shall direct, the chancellor shall submit
to  the  mayor THE DATA PRESCRIBED IN PARAGRAPHS (A) THROUGH (D) OF THIS
SUBDIVISION.  BEFORE SUCH DATA CAN BE SUBMITTED TO THE MAYOR, THE  CHAN-
CELLOR  MUST  FIRST SECURE THE APPROVAL OF THE BOARD OF EDUCATION OF THE
CITY SCHOOL DISTRICT OF NEW YORK. THE DATA  MUST  BE  SUBMITTED  TO  THE
BOARD  OF EDUCATION AT LEAST SIXTY DAYS PRIOR TO THE DATE THE MAYOR SETS
FOR SUBMISSION OF SUCH DATA. SUCH SUBMISSION SHALL INCLUDE:
  (a) estimates[, as adopted by the city board,] of  the  total  sum  of
money which [it] HE OR SHE deems necessary for the operation of the city
district  [(other  than functions to be financed from funds provided for
in the capital budget of the city)] during the next fiscal year  of  the
city,  together  with  the estimates submitted by the community district
education councils;
  (b) estimates of the amount to be received as a result of  the  appor-
tionment of moneys payable from the state in such fiscal year; [and]
  (c)  estimates of the amount to be received for school system expendi-
tures by the city district in such fiscal year from sources  other  than
appropriations  of  city  funds or appropriations or other provisions of
funds in the capital budget of the city or apportionment of moneys  from
the state payable in such fiscal year; AND
  (D)  ESTIMATES  OF THE TOTAL SUM OF MONEY WHICH HE OR SHE DEEMS NECES-
SARY FOR THE OPERATION AND MAINTENANCE OF THE DEPARTMENT OF  EDUCATION'S
FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN.
  S  11.  Subdivision b of section 2590-r of the education law, as added
by chapter 720 of the laws of 1996, is amended to read as follows:
  b. the principal of each school, IN CONSULTATION WITH  SCHOOL  LEADER-
SHIP  TEAMS,  SUCH  STUDENT LEADERS TO BE ELECTED BY STUDENT COUNCIL, to
propose a school-based expenditure budget, after soliciting input pursu-
ant to section twenty-five hundred  ninety-h,  and  twenty-five  hundred
ninety-i  of  this  article on budget priorities from all members of the
school community, AND TO ENSURE THAT SUCH BUDGETS  ARE  ALIGNED  WITH  A
SCHOOL'S COMPREHENSIVE EDUCATION PLAN;
  S  12.  Section 402-a of the education law, as added by chapter 196 of
the laws of 1990, is amended to read as follows:

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  S 402-a. Procedures for closing, RESTRUCTURING, RESITING OR  INSERTING
a  school  [building].   1. At least six months in advance of a proposed
school closing, RESTRUCTURING, RESITING OR  INSERTION  the  trustees  or
board  of  education  of  a  school  district  in which such building is
located  are  hereby authorized and recommended to establish an advisory
committee on school building utilization to investigate the  educational
impact  of  such  a closing, RESTRUCTURING, RESITING OR INSERTION.  In a
city with a population of one million or more, when the  city  board  is
considering  the  closing,  RESTRUCTURING,  RESITING OR INSERTION of any
school building, such city board is hereby authorized and recommended to
establish such advisory committee on  school  building  utilization  for
schools within its jurisdiction and delegate to the appropriate communi-
ty  school  board the responsibility for appointing such a committee for
any school within the jurisdiction of such community school board.  Each
committee may be comprised of but not limited to school district author-
ities,  teaching and nonteaching personnel, parents of pupils who attend
public schools in the district, other residents  of  the  district,  and
representatives  from business, labor and local government. Such commit-
tee, if established, shall prepare  in  writing  an  educational  impact
statement which shall consider the criteria stated in subdivision two of
this section.
  2.  The  factors  to be considered by the committee in the educational
impact statement shall include, but not be limited to:
  (a) The current and projected pupil enrollment, the  prospective  need
for  such  building,  the  ramifications of such closing, RESTRUCTURING,
RESITING OR INSERTION upon the  community,  initial  costs  and  savings
resulting  from  such closing, RESTRUCTURING, RESITING OR INSERTION, the
potential disposability of the closed school;
  (b) Possible  use  of  such  school  building  for  other  educational
programs or administrative services;
  (c)  The  effect of such closing, RESTRUCTURING, RESITING OR INSERTION
on personnel needs, and on the  costs  of  instruction,  administration,
transportation and other support services;
  (d)  Type,  age  and  physical condition of such building, outstanding
indebtedness, maintenance and energy costs, recent or  planned  improve-
ments for the building, and such building's special features;
  (e)  Ability of the other schools in the affected district to accommo-
date pupils if such school building  closes,  RESTRUCTURES,  RESITES  OR
INSERTS; [and]
  (f)  Possible  shared  utilization  of  space  in such school building
during or after regular school  hours,  as  permitted  in  section  four
hundred fourteen of this chapter; AND
  (G)  THE  EFFECT OF SUCH CLOSING, RESTRUCTURING, RESITING OR INSERTION
ON STUDENTS WHO ARE ENGLISH LANGUAGE LEARNERS, STUDENTS  WITH  DISABILI-
TIES AND ON CLOSING THE ACHIEVEMENT GAP.
  3. (a) Such educational impact statement shall be filed with the board
of education or in a city with a population of one million or more, with
the  city board and/or the appropriate community school board, INCLUDING
WHEN APPLICABLE THE COMMUNITY DISTRICT EDUCATION COUNCILS, THE  CITYWIDE
COUNCIL  ON  HIGH  SCHOOLS OR THE CITYWIDE COUNCIL ON SPECIAL EDUCATION.
Such board of education shall publish a notice of such proposed closing,
RESTRUCTURING, RESITING OR INSERTION in at least one newspaper of gener-
al circulation in the community once a week for  two  weeks,  and  shall
post a notice conspicuously in the affected school district, which shall
also  be  circulated  to  elected  state  and local public officials who
represent the affected communities, AND SHALL SUBMIT WRITTEN  NOTICE  OF

A. 8478                             8

THE  PROPOSED  CLOSING, RESTRUCTURING, RESITING OR INSERTION PROMPTLY TO
THE APPROPRIATE  COMMUNITY  SCHOOL  BOARD,  INCLUDING  WHEN  APPLICABLE,
COMMUNITY  DISTRICT  EDUCATION  COUNCILS,  THE  CITYWIDE COUNCIL ON HIGH
SCHOOLS OR THE CITYWIDE COUNCIL ON SPECIAL EDUCATION.
  (b)  After  the  statement has been filed and circulated, the board of
education, and in a city with a population of one million or  more,  the
city  board or, where applicable, the community school board, THE COMMU-
NITY DISTRICT EDUCATION COUNCILS, THE CITYWIDE COUNCIL ON  HIGH  SCHOOLS
OR THE CITYWIDE COUNCIL ON SPECIAL EDUCATION shall hold a public hearing
to  evaluate the impact of the proposed closing, RESTRUCTURING, RESITING
OR INSERTION on the affected district. Such hearing shall be held within
sixty days of the issuance of the educational impact statement at  times
and places convenient and accessible to the public. Notice of such hear-
ing  shall be published by such board of education in at least one news-
paper of general circulation in the community once a week for two weeks,
and shall be posted conspicuously in the affected school  district,  and
shall also be circulated to elected state and local public officials who
represent  the affected communities. At such hearing, factors enumerated
in subdivision two of this section shall be considered and  alternatives
may be presented by interested parties.
  (c)  The  board  of  education shall render a decision at a regular or
special meeting, the results of which shall be recorded and made  avail-
able  to  the  public.  In  a city having a population of one million or
more, the community school board, THE COMMUNITY DISTRICT EDUCATION COUN-
CILS, THE CITYWIDE COUNCIL ON HIGH SCHOOLS OR THE  CITYWIDE  COUNCIL  ON
SPECIAL  EDUCATION  SHALL  VOTE  AT A REGULAR MEETING OR SPECIAL MEETING
REGARDING ITS APPROVAL OR DISAPPROVAL OF  THE  PROPOSED  ACTION.    SUCH
COMMUNITY  SCHOOL BOARDS, THE COMMUNITY DISTRICT EDUCATION COUNCILS, THE
CITYWIDE COUNCIL ON HIGH SCHOOLS OR  THE  CITYWIDE  COUNCIL  ON  SPECIAL
EDUCATION  shall  submit written [recommendations] DECISIONS for schools
within its jurisdiction to the city board. THE CHANCELLOR OR ANY  MEMBER
OF  THE CITY BOARD MAY SUBMIT AN APPEAL TO THE CITY BOARD REGARDING SUCH
DECISION. The city board shall render a  decision  ON  APPEALS  for  all
proposed   school   building   closings,  RESTRUCTURINGS,  RESITINGS  OR
INSERTIONS at a regular or special meeting, the results of  which  shall
be recorded and made available to the public.
  S 12-a. Section 93 of the New York city charter is amended by adding a
new subdivision s to read as follows:
  S.  THE  COMPTROLLER  SHALL  HAVE  POWER  TO AUDIT MATTERS RELATING TO
SCHOOLS.   THE DIRECTOR OF THE  INDEPENDENT  BUDGET  OFFICE  SHALL  MAKE
AVAILABLE  TO  THE  COMPTROLLER, FOR AUDITING PURPOSES, ALL INFORMATION,
DATA, ESTIMATES, EVALUATIONS,  REPORTS,  AND  STATISTICS  REGARDING  THE
DEPARTMENT OF EDUCATION'S FINANCES, INCLUDING BUT NOT LIMITED TO, REVEN-
UES, EXPENDITURES, FINANCIAL MANAGEMENT PRACTICES AND RELATED MATTERS.
  S  13.  Subdivision  b of section 259 of the New York city charter, as
added by a vote of the people of the city of New  York  at  the  general
election held in November of 1989, is amended to read as follows:
  b.  The  appropriations available to pay for the expenses of the inde-
pendent budget office during each fiscal year shall not be less than ten
percentum of the  appropriations available to pay for  the  expenses  of
the office of management and budget during such fiscal year.  The direc-
tor  shall  appoint  such  personnel  and  procure  the services of such
experts and consultants, within the appropriations  available  therefor,
as  may  be necessary for the director to carry out the duties and func-
tions assigned herein.  Such personnel and experts  shall  perform  such
duties as may be assigned to them by the director.  AN ADDITIONAL AMOUNT

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NOT  TO  BE LESS THAN FIVE PER CENTUM OF THE APPROPRIATIONS AVAILABLE TO
PAY FOR THE EXPENSES OF THE OFFICE OF MANAGEMENT AND BUDGET DURING  EACH
FISCAL  YEAR  SHALL  BE MADE AVAILABLE TO PAY FOR CARRYING OUT THE FUNC-
TIONS PRESCRIBED IN SUBDIVISIONS F, G AND H OF SECTION TWO HUNDRED SIXTY
OF THIS CHAPTER.
  S  14.  Section 260 of the New York city charter, as amended by a vote
of the people of the city of New York at the general  election  held  in
November of 1989, is amended to read as follows:
  S  260. Powers and duties. a.  It shall be the duty of the INDEPENDENT
BUDGET office to provide to the comptroller, the president of the  coun-
cil,  the members and committees of the council, the borough presidents,
and the community boards information which will  assist  such  officials
and  bodies in the discharge of their responsibilities which are related
to the budgetary process, including:
  (1)  information with respect to the budget, appropriations bills  and
proposed local laws with fiscal implications;
  (2)    information with respect to estimated revenues and receipts and
changing revenue conditions;  and
  (3)  to the extent practicable, such other information or analyses  as
may be requested by such officials and bodies.
  b. The director, upon the request of a borough president or the presi-
dent  of  the  council for a proposed local law introduced by such offi-
cial, or the chair or ranking minority member  of  a  committee  of  the
council  for  a  proposed  local law being considered by such committee,
shall complete a fiscal impact statement  of  such  proposed  local  law
consistent  with  the  requirements  of  section  thirty-three  OF  THIS
CHARTER.
  c. The director shall from time to time publish such reports as may be
appropriate to enhance official and public understanding of the  budget-
ary process and of the budget documents published in accordance with the
provisions  of chapters six, nine and ten OF THIS CHARTER.  The director
shall from time to time publish such reports  as  may  be  necessary  or
appropriate  to  provide  such  information,  data, and analysis as will
enhance official and public understanding of matters  relating  to  city
revenues,  expenditures,  financial  management  practices  and  related
matters.
  d.   The director may procure, for  the  office,  up-to-date  computer
equipment,  obtain  the  services of experts and consultants in computer
technology, and develop techniques for the evaluation of revenue projec-
tions and budgetary requirements.
  e. The director shall  make  all  information,  data,  estimates,  and
statistics  obtained  [under subdivision c of section ninety-eight], and
all studies and reports prepared by the  office,  available  for  public
inspection  and  copying  during normal business hours and shall, to the
extent practicable, furnish a copy of any such information or report  to
any person upon request at a reasonable cost.
  F.   THE DIRECTOR SHALL ENSURE THAT THE OFFICE USES UP-TO-DATE, APPRO-
PRIATE, AND PROFESSIONALLY ACCEPTED METHODOLOGIES  IN  PRODUCING  ANNUAL
DATA  REPORTS  AND  THAT  SUCH METHODOLOGIES USED ARE IDENTIFIED IN SUCH
REPORTS.
  G. THE DIRECTOR SHALL ANNUALLY COMPILE, PRODUCE AND WIDELY DISSEMINATE
SCHOOL  SYSTEM  STUDENT  DEMOGRAPHICS  AND  ACHIEVEMENT  OUTCOMES,   AND
ANALYSES  OF  THE USE OF SCHOOL SYSTEM EXPENSE BUDGET AND CAPITAL BUDGET
RESOURCES.
  H. THE DIRECTOR SHALL UNDERTAKE FROM TIME TO TIME ANALYSES OF CRITICAL
FISCALLY RELATED SCHOOL DISTRICT POLICY ISSUES. SUCH  INFORMATION  SHALL

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BE  INCLUDED  IN  REPORTS PREPARED BY THE OFFICE AND DISSEMINATED TO THE
PUBLIC.
  S 15. The New York city charter is amended by adding a new section 530
to read as follows:
  S  530.  CENTER  FOR  PARENT  AND  STUDENT SERVICE AND EMPOWERMENT. A.
THERE SHALL BE A CENTER FOR PARENT AND STUDENT SERVICE  AND  EMPOWERMENT
TO BE HEADED BY THE PUBLIC ADVOCATE.
  B. THE PURPOSE OF THE CENTER FOR PARENT AND STUDENT SERVICE AND EMPOW-
ERMENT  SHALL  BE  TO PROVIDE OUTREACH, TRAINING AND SUPPORT FOR PARENTS
AND STUDENTS OF SCHOOLS WITHIN THE CITY SCHOOL DISTRICT OF THE  CITY  OF
NEW YORK. THE DUTIES OF THE CENTER SHALL BE AS FOLLOWS:
  1.  PROVIDE  TRAINING  AND  CONTINUOUS  SUPPORT FOR CURRENT MEMBERS OF
PARENT-TEACHER ASSOCIATIONS, SCHOOL LEADERSHIP TEAMS, COMMUNITY DISTRICT
EDUCATION COUNCILS, DISTRICT LEADERSHIP TEAMS, THE CITYWIDE  COUNCIL  ON
HIGH  SCHOOLS  AND  THE CITYWIDE COUNCIL ON SPECIAL EDUCATION. TOPICS OF
TRAINING SHALL INCLUDE:
  (I) BASELINE KNOWLEDGE OF CENTRAL DEPARTMENT  OF  EDUCATION  STRUCTURE
AND  OPERATIONS, SCHOOL BUDGET PROCEDURES, STATE AND CITY STRUCTURES AND
POLICIES THAT IMPACT EDUCATION; AND
  (II) SKILLS-BUILDING INFORMATION REGARDING MEETING FACILITATION, TOOLS
FOR PARENT OUTREACH AND LEADERSHIP DEVELOPMENT;
  2. ADMINISTER OUTREACH TO PARENTS AND STUDENTS REGARDING  THE  PROCESS
FOR GETTING INVOLVED WITH PARENT-TEACHER ASSOCIATIONS, SCHOOL LEADERSHIP
TEAMS, COMMUNITY DISTRICT EDUCATION COUNCILS, DISTRICT LEADERSHIP TEAMS,
THE CITYWIDE COUNCIL ON HIGH SCHOOLS AND THE CITYWIDE COUNCIL ON SPECIAL
EDUCATION, AND OTHER BASIC TOOLS FOR NAVIGATING THE SCHOOL SYSTEM;
  3.  PROVIDE  CAPACITY  BUILDING OPPORTUNITIES FOR PARENT COORDINATORS;
AND
  4. HOLD CONFERENCES AND EVENTS TO EDUCATE PARENTS AND STUDENTS ON  HOW
TO GET MORE INVOLVED IN THEIR SCHOOL SYSTEMS AND COMMUNITIES.
  C.  FUNDING  FOR  DEVELOPMENT AND MAINTENANCE OF THE CENTER FOR PARENT
AND STUDENT SERVICE AND EMPOWERMENT SHALL BE DRAWN  FROM  ANY  APPROPRI-
ATIONS  AVAILABLE  THROUGH THE DEPARTMENT OF EDUCATION, AND PUBLIC FUND-
ING.
  D. THE PUBLIC ADVOCATE SHALL APPOINT SUCH PERSONNEL  AND  PROCURE  THE
SERVICES  OF  SUCH  EXPERTS  AND  CONSULTANTS, WITHIN THE APPROPRIATIONS
AVAILABLE PURSUANT TO SUBDIVISION B OF SECTION TWO HUNDRED FIFTY-NINE OF
THIS CHARTER, AS MAY BE NECESSARY FOR THE PUBLIC ADVOCATE TO  CARRY  OUT
THE  DUTIES  AND  FUNCTIONS  ASSIGNED HEREIN. SUCH PERSONNEL AND EXPERTS
SHALL PERFORM SUCH DUTIES AS MAY BE ASSIGNED TO THEM BY THE PUBLIC ADVO-
CATE.
  S 16. Subdivision 1 of section 2590-c of the education law,  as  added
by chapter 123 of the laws of 2003, is amended to read as follows:
  1.   Each community district shall be governed by a community district
education council. The community councils shall consist of eleven voting
members [and one non-voting member], as follows:
  (a) [Nine voting] EIGHT members shall be parents  whose  children  are
attending  a school under the jurisdiction of the community district and
shall be selected by the presidents and officers of the parents' associ-
ation or parent-teachers' association. Such members shall  serve  for  a
term of two years.
  (b)  Two [voting] members shall be appointed by the borough presidents
corresponding to such district. Such appointees shall be  residents  of,
or  own  or operate a business in, the district and shall be individuals
with extensive business, trade, or education experience  and  knowledge,
who  will  make a significant contribution to improving education in the

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district. Such members shall serve for a term of two years and may  only
be reappointed for one additional two year term.
  (c)  One  [non-voting]  member who is a high school senior residing in
the district, appointed by the superintendent  from  among  the  elected
student leadership. Such member shall serve for a one year term.
  Members shall not be paid a salary or stipend, but shall be reimbursed
for all actual and necessary expenses directly related to the duties and
responsibilities of the community council.
  S  17.  Section  34  of  chapter  91 of the laws of 2002, amending the
education law and other laws relating to the reorganization of  the  New
York city school construction authority, board of education and communi-
ty  boards, as amended by chapter 123 of the laws of 2003, is amended to
read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one, THREE, FIVE through twenty,  twenty-four,  and  twenty-six  through
thirty  of  this act shall expire and be deemed repealed June 30, [2009]
2013; provided, further, that notwithstanding any provision of article 5
of the general construction law, on June 30, [2009] 2013 the  provisions
of  subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision
14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21
of section 2554 of the education law as repealed  by  section  three  of
this  act,  subdivision  1  of  section  2590-b  of the education law as
repealed by section six of this act, paragraph (a) of subdivision  2  of
section 2590-b of the education law as repealed by section seven of this
act, section 2590-c of the education law as repealed by section eight of
this  act,  paragraph c of subdivision 2 of section 2590-d of the educa-
tion law as repealed by section twenty-six of this act, subdivision 1 of
section 2590-e of the education law as repealed by section  twenty-seven
of  this  act,  subdivision 28 of section 2590-h of the education law as
repealed by section twenty-eight of this act, subdivision 30 of  section
2590-h  of  the education law as repealed by section twenty-nine of this
act, subdivision 30-a of section 2590-h of the education law as repealed
by section thirty of this act shall be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
  S 18. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 2590-b of the education  law  made  by
section three of this act shall not affect the expiration of such subdi-
vision and shall be deemed to expire therewith; provided that the amend-
ments to paragraphs (s), (t) and (u) of subdivision 1 and subdivisions 2
and  3  of  section  2590-f of the education law made by section four of
this act shall not affect the expiration and repeal  of  such  provision
and  shall  be deemed to expire and be repealed therewith; provided that
the amendments to section 2590-g of the education law  made  by  section
five  of  this  act  shall not affect the expiration of such section and
shall be deemed to expire therewith; provided  that  the  amendments  to
section  2590-g  of  the  education  law made by section six of this act
shall survive the expiration and reversion of such section  as  provided
in  section  34  of chapter 91 of the laws of 2002, as amended; provided
that the amendments to the opening paragraph and subdivisions 16 and  30

A. 8478                            12

of section 2590-h of the education law made by section seven of this act
shall  not  affect  the  repeal  of  such provisions and shall be deemed
repealed therewith; provided that the amendments  to  paragraph  (c)  of
subdivision  2  of  section  2590-i of the education law made by section
nine of this act shall not affect the repeal of such paragraph and shall
be deemed repealed therewith; and provided that the amendments to subdi-
vision 4 of section 2590-q of the education law made by section  ten  of
this  act  shall not affect the expiration of such subdivision and shall
be deemed to expire therewith.