A. 8551 2
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.
(C) THE CITY BOARD MAY APPOINT A SECRETARY WHO SHALL PERFORM THE
FOLLOWING FUNCTIONS:
(I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
(II) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER CITY BOARD
MEETINGS; AND
(III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS. THE CITY BOARD SHALL BE RESPONSIBLE FOR THE
APPOINTMENT, SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
S 2. The opening paragraph of paragraph e of subdivision 4 of section
2590-b of the education law, as added by chapter 123 of the laws of
2003, is amended to read as follows:
No person may serve on [both] MORE THAN ONE OF THE FOLLOWING: the
city-wide council on special education [and], THE CITY-WIDE COUNCIL ON
HIGH SCHOOLS OR a community district education council. A member of the
city-wide council on special education shall be ineligible to be
employed by such council, THE CITY-WIDE COUNCIL ON HIGH SCHOOLS, any
community district education council, or the city board. No person shall
be eligible for membership on the city-wide council on special education
if he or she holds any elective public office or any elective or
appointed party position except that of delegate or alternate delegate
to a national, state, judicial or other party convention, or member of a
county committee.
S 3. Section 2590-b of the education law is amended by adding a new
subdivision 5 to read as follows:
5. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON HIGH SCHOOLS CREATED
PURSUANT TO THIS SUBDIVISION. THE CITY-WIDE COUNCIL ON HIGH SCHOOLS
SHALL CONSIST OF TEN VOTING PARENT MEMBERS, TWO FROM EACH BOROUGH, WHO
SHALL SERVE TWO-YEAR TERMS AND ONE VOTING STUDENT MEMBER WHO SHALL SERVE
A ONE-YEAR TERM. EACH PARENT MEMBER SHALL BE THE PARENT OF A STUDENT
ATTENDING A HIGH SCHOOL IN THE BOROUGH THE PARENT SEEKS TO REPRESENT.
PARENT MEMBERS SHALL BE SELECTED BY THE PRESIDENT AND OFFICERS OF THE
HIGH SCHOOL PARENT ASSOCIATION OR PARENT-TEACHER ASSOCIATION IN EACH
BOROUGH. THE STUDENT MEMBER SHALL BE APPOINTED BY THE CHANCELLOR, AND
SHALL BE A SENIOR SERVING ON THE ELECTED STUDENT LEADERSHIP OF HIS OR
HER SCHOOL.
(B) MEMBERS SHALL NOT BE PAID A SALARY OR STIPEND, BUT SHALL BE REIM-
BURSED FOR ALL ACTUAL AND NECESSARY EXPENSES DIRECTLY RELATED TO THE
DUTIES AND RESPONSIBILITIES OF THE CITY-WIDE COUNCIL ON HIGH SCHOOLS.
(C) THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL HAVE THE POWER TO:
(I) ADVISE AND COMMENT ON ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING HIGH SCHOOLS;
(II) ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF HIGH SCHOOL EDUCA-
TION IN THE CITY SCHOOL DISTRICT, MAKING RECOMMENDATIONS ON HOW TO
IMPROVE;
(III) HOLD AT LEAST ONE MEETING PER MONTH OPEN TO THE PUBLIC AND
DURING WHICH THE PUBLIC MAY DISCUSS ISSUES RELATING TO HIGH SCHOOL
EDUCATION;
(IV) MEET WITH PARENT ASSOCIATION OR PARENT-TEACHER ASSOCIATION OFFI-
CERS AT LEAST QUARTERLY;
(V) SELECT A PARENT MEMBER TO SERVE ON THE NOMINATING PANEL AS
DESCRIBED IN SECTION TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE; AND
(VI) SELECT A PARENT MEMBER TO SERVE AS CHAIR.
A. 8551 3
(D) THE CITY-WIDE COUNCIL ON HIGH SCHOOLS MAY APPOINT A SECRETARY,
PURSUANT TO THE POLICIES OF THE CITY BOARD WHO SHALL PERFORM THE FOLLOW-
ING FUNCTIONS:
(I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
(II) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER CITY-WIDE
COUNCIL ON HIGH SCHOOLS MEETINGS; AND
(III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS. THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL BE
RESPONSIBLE FOR THE APPOINTMENT, SUPERVISION, EVALUATION AND DISCHARGE
OF THE SECRETARY.
(E) NO PERSON MAY SERVE ON MORE THAN ONE OF THE FOLLOWING:
(I) THE CITY-WIDE COUNCIL ON HIGH SCHOOLS;
(II) THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION; OR
(III) A COMMUNITY DISTRICT EDUCATION COUNCIL. A MEMBER OF THE
CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL BE INELIGIBLE TO BE EMPLOYED BY
SUCH COUNCIL, ANY COMMUNITY DISTRICT EDUCATION COUNCIL, OR THE CITY
BOARD. NO PERSON SHALL BE ELIGIBLE FOR MEMBERSHIP ON THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS IF HE OR SHE HOLDS ANY ELECTIVE PUBLIC OFFICE OR
ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF DELEGATE OR
ALTERNATE DELEGATE TO A NATIONAL, STATE, JUDICIAL OR OTHER PARTY CONVEN-
TION, OR MEMBER OF A COUNTY COMMITTEE. A PERSON WHO HAS BEEN CONVICTED
OF A FELONY, OR HAS BEEN REMOVED FROM THE CITY-WIDE COUNCIL ON HIGH
SCHOOLS, THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION, A COMMUNITY SCHOOL
BOARD, OR COMMUNITY DISTRICT EDUCATION COUNCIL FOR ANY OF THE FOLLOWING
SHALL BE PERMANENTLY INELIGIBLE FOR APPOINTMENT TO THE CITY-WIDE COUNCIL
ON HIGH SCHOOLS: (I) AN ACT OF MALFEASANCE DIRECTLY RELATED TO HIS OR
HER SERVICE ON SUCH CITY-WIDE COUNCIL ON HIGH SCHOOLS, COMMUNITY SCHOOL
BOARD OR COMMUNITY DISTRICT EDUCATION COUNCIL; OR (II) CONVICTION OF A
CRIME, IF SUCH CRIME IS DIRECTLY RELATED TO HIS OR HER SERVICE UPON SUCH
CITY-WIDE COUNCIL ON HIGH SCHOOLS, COMMUNITY SCHOOL BOARD OR COMMUNITY
DISTRICT EDUCATION COUNCIL.
(F) (I) IN ADDITION TO THE CONDITIONS ENUMERATED IN THE PUBLIC OFFI-
CERS LAW CREATING A VACANCY, A MEMBER OF THE CITY-WIDE COUNCIL ON HIGH
SCHOOLS WHO REFUSES OR NEGLECTS TO ATTEND THREE MEETINGS OF SUCH COUNCIL
OF WHICH HE OR SHE IS DULY NOTIFIED, WITHOUT RENDERING IN WRITING A GOOD
AND VALID EXCUSE THEREFORE VACATES HIS OR HER OFFICE BY REFUSAL TO
SERVE. EACH ABSENCE AND ANY WRITTEN EXCUSE RENDERED SHALL BE INCLUDED
WITHIN THE OFFICIAL WRITTEN MINUTES OF SUCH MEETING. AFTER THE THIRD
UNEXCUSED ABSENCE THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL DECLARE A
VACANCY TO THE CHANCELLOR.
(II) VACANCIES SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS AT A PUBLIC MEETING. THE BOROUGH HIGH SCHOOL
PRESIDENTS' COUNCIL AND OTHER EDUCATION GROUPS SHALL BE GIVEN THE OPPOR-
TUNITY TO MAKE WRITTEN RECOMMENDATIONS FOR FILING THE VACANCY AND TO
CONSULT WITH THE CITYWIDE COUNCIL ON HIGH SCHOOLS BEFORE THE VACANCY IS
FILLED. IF THE VACANCY IS NOT FILLED BY THE CITY-WIDE COUNCIL ON HIGH
SCHOOLS WITHIN SIXTY DAYS AFTER IT IS DECLARED DUE TO A TIE VOTE, THE
CHANCELLOR SHALL VOTE TO BREAK THE TIE. IF FOR ANY OTHER REASON THE
VACANCY IS NOT FILLED WITHIN SIXTY DAYS, THE CHANCELLOR MAY FILL THE
VACANCY. IN THE CASE OF A STUDENT VACANCY, THE CHANCELLOR'S CITY-WIDE
STUDENT ADVISORY COUNCIL SHALL RECOMMEND ANOTHER SENIOR WHO PREVIOUSLY
SELF-NOMINATED TO THE CHANCELLOR FOR CONSIDERATION.
S 4. The education law is amended by adding a new section 2590-t to
read as follows:
S 2590-T. NOMINATING PANEL. 1. THERE SHALL BE A NOMINATING PANEL
COMPOSED OF THIRTEEN MEMBERS WHOSE SOLE FUNCTION SHALL BE TO NOMINATE
A. 8551 4
PERSONS FOR CONSIDERATION BY THE MAYOR FOR APPOINTMENT TO THE BOARD OF
EDUCATION. REPRESENTATION ON THE PANEL AND THE SELECTION OF SUCH MEMBERS
SHALL BE AS FOLLOWS: THREE MEMBERS SHALL BE SELECTED CITY-WIDE BY THE
COMMUNITY EDUCATIONAL COUNCILS AS A BODY; ONE MEMBER SHALL BE SELECTED
BY THE CITY-WIDE COUNCIL ON HIGH SCHOOLS; ONE MEMBER SHALL BE SELECTED
BY THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION; ONE TEACHER SHALL BE
SELECTED BY THE UNION REPRESENTING THE TEACHERS; ONE ADMINISTRATOR SHALL
BE SELECTED BY THE COUNCIL OF SUPERVISORS AND ADMINISTRATORS; ONE REPRE-
SENTATIVE OF THE BUSINESS COMMUNITY SHALL BE SELECTED BY THE NEW YORK
CITY PARTNERSHIP; ONE MEMBER SHALL BE SELECTED BY THE CHANCELLOR OF THE
STATE UNIVERSITY OF NEW YORK WHO SHALL CHOOSE A PRESIDENT OF A PUBLIC OR
PRIVATE COLLEGE OR UNIVERSITY WITHIN THE STATE OF NEW YORK; AND FOUR
MEMBERS SHALL BE SELECTED BY THE MAYOR.
2. THE MEMBERS OF THE NOMINATING PANEL SHALL BE SELECTED FROM TIME TO
TIME NO LATER THAN SEPTEMBER THIRTIETH AND SHALL SERVE FOR A TERM OF TWO
YEARS, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION. IN THE EVENT THAT
ANY MEMBER DOES NOT COMPLETE HIS OR HER TERM FOR ANY REASON, THE PERSON
OR ENTITY WHO SELECTED SUCH MEMBER SHALL SELECT ANOTHER PERSON IN LIKE
MANNER TO COMPLETE THE UNEXPIRED TERM.
3. THE NOMINATING PANEL ANNUALLY SHALL FROM AMONG ITS MEMBERSHIP ELECT
A CHAIR WHO SHALL FORTHWITH PUBLISH A LIST OF THE NAMES AND ADDRESSES OF
THE MEMBERS OF THE PANEL ON THE BOARD OF EDUCATION WEBSITE. THE PANEL
SHALL MEET IN PUBLIC FOR THE SOLE PURPOSE OF DELIBERATING UPON, HEARING
PUBLIC COMMENT WITH RESPECT TO, AND FINALLY SELECTING A LIST OF NOMINEES
TO BE PRESENTED TO THE MAYOR FROM TIME TO TIME. EACH NOMINEE SHALL BE A
RESIDENT OF THE CITY OF NEW YORK AT THE TIME OF SUCH NOMINATION. THE
PANEL SHALL STRIVE TO NOMINATE INDIVIDUALS WHO REFLECT THE ETHNIC,
RACIAL AND SOCIOECONOMIC DIVERSITY OF THE CITY OF NEW YORK AND ITS
PUBLIC SCHOOL POPULATION.
4. MEMBERS OF THE BOARD OF EDUCATION SHALL SERVE FOR A TERM OF THREE
YEARS. PROVIDED, HOWEVER, OF THE MEMBERS FIRST APPOINTED:
(A) THREE OF THE MEMBERS APPOINTED BY THE MAYOR SHALL SERVE A TERM OF
ONE YEAR. THE MAYOR SHALL DESIGNATE WHICH THREE MEMBERS ARE TO SERVE
ONE-YEAR TERMS.
(B) THE FOUR REMAINING MEMBERS APPOINTED BY THE MAYOR SHALL EACH SERVE
A TWO-YEAR TERM.
(C) THE MEMBERS APPOINTED BY THE BOROUGH PRESIDENTS SHALL EACH SERVE A
THREE-YEAR TERM.
5. THE FIRST NOMINATING PANEL SHALL CONVENE ITSELF IN A MUNICIPAL
BUILDING WITHIN THIRTY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.
IT SHALL HOLD SUCH MEETINGS AS IT DEEMS NECESSARY AND SHALL PRESENT TO
THE MAYOR A LIST CONTAINING THE NAMES AND ADDRESSES OF NOT FEWER THAN
FOURTEEN NOMINEES NOT LATER THAN DECEMBER SECOND, TWO THOUSAND NINE,
FROM WHICH THE MAYOR SHALL APPOINT SEVEN PERSONS TO SERVE AS MEMBERS OF
THE PANEL ON EDUCATIONAL POLICY; PROVIDED, HOWEVER, SHOULD THE PANEL
FAIL TO PRESENT SUCH LIST TO THE MAYOR BY DECEMBER SECOND, TWO THOUSAND
NINE, THE MAYOR SHALL HAVE THE POWER TO APPOINT ANY PERSON HE DEEMS
SUITABLE TO THE PANEL FOR THE TERMS TO COMMENCE IN THE FOLLOWING JANU-
ARY.
6. IN TWO THOUSAND TEN AND THEREAFTER, ON THE FIRST WEDNESDAY OF OCTO-
BER OF EVERY YEAR THE NOMINATING PANEL SHALL CONVENE TO SELECT TWO NOMI-
NEES FOR EACH OFFICE OF PANEL ON EDUCATIONAL POLICY THAT SHALL BECOME
VACANT ON THE FIRST DAY OF THE NEXT MUNICIPAL YEAR. NO LATER THAN THE
FIRST MONDAY IN DECEMBER OF EACH YEAR, THE PANEL SHALL PRESENT TO THE
MAYOR A LIST CONTAINING THE NAMES AND ADDRESSES OF SUCH NOMINEES FOR
EACH TERM OF OFFICE TO COMMENCE ON THE FIRST DAY OF THE NEXT MUNICIPAL
A. 8551 5
YEAR; PROVIDED, HOWEVER, SHOULD THE PANEL FAIL TO PRESENT SUCH LIST TO
THE MAYOR BY THE FIRST MONDAY IN DECEMBER, THE MAYOR SHALL HAVE THE
POWER TO APPOINT ANY PERSON HE DEEMS SUITABLE TO THE OFFICE OF SCHOOL
COMMITTEE FOR THE TERM TO COMMENCE IN THE FOLLOWING JANUARY.
7. UPON NOTICE PROVIDED BY THE CHANCELLOR THAT A VACANCY EXISTS IN THE
OFFICE OF ANY SCHOOL COMMITTEE MEMBER DUE TO DEATH OR RESIGNATION, THE
PANEL SHALL CONVENE WITHIN TEN DAYS OF SUCH NOTICE AND SHALL, WITHIN
THIRTY DAYS AFTER SO CONVENING, SELECT AND PRESENT TO THE MAYOR A LIST
CONTAINING THE NAMES AND ADDRESSES OF TWO NOMINEES. WITHIN FIFTEEN DAYS
AFTER SUCH PRESENTMENT, THE MAYOR SHALL APPOINT A SCHOOL COMMITTEE
MEMBER TO SERVE THE UNEXPIRED TERM OF THE VACANT OFFICE; PROVIDED,
HOWEVER, SHOULD THE PANEL FAIL TO PRESENT SUCH LIST WITHIN SUCH THIRTY
DAYS, THE MAYOR SHALL HAVE THE POWER TO APPOINT ANY PERSON HE OR SHE
DEEMS SUITABLE TO THE VACANT OFFICE TO SERVE SUCH UNEXPIRED TERM.
S 5. Subdivision 36 of section 2590-h of the education law, as amended
by chapter 91 of the laws of 2002, is amended to read as follows:
36. [Develop a procurement policy for the city school district of the
city of New York and the districts and public schools therein. Such
policy shall ensure the wise and prudent use of public money in the best
interest of the taxpayers of the state; guard against favoritism, impro-
vidence, extravagance, fraud, and corruption; and ensure that contracts
are awarded consistent with law and on the basis of best value, includ-
ing, but not limited to, the following criteria: quality, cost and effi-
ciency. Such policy shall also include: (a) standards for quality, func-
tion, and utility of all material goods, supplies, and services
purchased by the chancellor, superintendents, or schools; (b) regu-
lations for the purchase of material goods, supplies, and services by
the chancellor, the superintendents, and the schools, including clearly
articulated procedures which require a clear statement of product spec-
ifications, requirements or work to be performed, a documentable process
of soliciting bids, proposals, or other offers, and a balanced and fair
method, established in advance of receipt of offers, for evaluating
offers and awarding contracts; (c) regulations which enable superinten-
dents and schools to purchase material goods, supplies, and services
directly from vendors or suppliers when such products are available at
prices or other terms more economically beneficial for the purposes of
the acquiring superintendent or school; and (d) regulations shall
include repair services and building supplies, as defined in such regu-
lations, for expenditures from each district's minor repair and purchas-
ing funds pursuant to section twenty-five hundred ninety-r of this arti-
cle.] (A) ENSURE THAT ALL CONTRACTS OR AGREEMENTS INVOLVING THE PURCHASE
OR DELIVERY OF MATERIAL GOODS, SUPPLIES AND SERVICES BY OR TO THE CHAN-
CELLOR, THE SUPERINTENDENTS OR THE SCHOOLS, INCLUDING ANY FRANCHISE OR
CONCESSION AGREEMENTS, REGARDLESS OF THE SOURCE OF FUNDS, ARE ENTERED
INTO IN ACCORDANCE WITH THE PROVISIONS OF CHAPTERS THIRTEEN AND FOURTEEN
OF THE NEW YORK CITY CHARTER AND THE RULES OF THE NEW YORK CITY PROCURE-
MENT POLICY BOARD AND OF THE NEW YORK CITY FRANCHISE CONCESSION AND
REVIEW COMMITTEE, PROVIDED THAT WHERE SUCH LAW OR RULES REQUIRE ACTION
BY OR APPEAL TO THE MAYOR OR AN APPOINTEE OF THE MAYOR, OTHER THAN THE
CHANCELLOR, SUCH ACTION SHALL INSTEAD BE TAKEN BY THE CHANCELLOR OR SUCH
APPOINTEE OF THE CHANCELLOR AS THE CHANCELLOR MAY DELEGATE IN WRITING,
AND PROVIDED FURTHER, ANY CONTRACT AWARDED WITHOUT COMPETITION OR IN
EXCESS OF ONE MILLION DOLLARS SHALL BE SUBJECT TO THE VOTE OF THE FULL
BOARD OF EDUCATION UNLESS SUCH CONTRACT SHALL BE DEEMED AN EMERGENCY AS
DEFINED IN SECTION THREE HUNDRED FIFTEEN OF THE NEW YORK CITY CHARTER OR
SHALL BE MADE IN ACCORDANCE WITH RULES OF THE PROCUREMENT POLICY BOARD
A. 8551 6
ESTABLISHED PURSUANT TO SECTION THREE HUNDRED FOURTEEN OF THE NEW YORK
CITY CHARTER. NO SUCH CONTRACT OR AGREEMENT SHALL BE IMPLEMENTED UNTIL
IT HAS BEEN FILED AND REGISTERED BY THE COMPTROLLER PURSUANT TO CHAPTERS
FIVE AND THIRTEEN OF THE NEW YORK CITY CHARTER. FOR THE PURPOSES OF THIS
SUBDIVISION, THE TERMS "CONTRACT" OR "AGREEMENT" SHALL INCLUDE ANY
CONTRACT THAT DIRECTLY OR INDIRECTLY BENEFITS THE CITY DISTRICT, INCLUD-
ING ANY CONTRACT OR OTHER INSTRUMENT IN WHICH THE CITY, CITY BOARD OR
ANY OF ITS OFFICERS AGREES TO GIVE OR RECEIVE A CONSIDERATION OTHER THAN
THE PAYMENT OF MONEY;
(B) ESTABLISH STANDARDS FOR QUALITY, FUNCTION, AND UTILITY OF ALL
MATERIAL GOODS, SUPPLIES, AND SERVICES PURCHASED BY THE CHANCELLOR,
SUPERINTENDENTS, OR SCHOOLS; AND
(C) PROMULGATE REGULATIONS WHICH ENABLE SUPERINTENDENTS AND SCHOOLS TO
PURCHASE MATERIAL GOODS, SUPPLIES, AND SERVICES DIRECTLY FROM VENDORS OR
SUPPLIERS WHEN SUCH PRODUCTS ARE AVAILABLE AT PRICES OR OTHER TERMS MORE
ECONOMICALLY BENEFICIAL FOR THE PURPOSES OF THE ACQUIRING SUPERINTENDENT
OR SCHOOL. SUCH REGULATIONS SHALL ALSO INCLUDE REPAIR SERVICES AND
BUILDING SUPPLIES, AS DEFINED IN SUCH REGULATIONS, FOR EXPENDITURES FROM
EACH DISTRICT'S MINOR REPAIR AND PURCHASING FUNDS PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-R OF THIS ARTICLE.
S 6. This act shall take effect immediately; provided that:
1. the amendments to paragraph (a) of subdivision 1 of section 2590-b
of the education law made by section one of this act shall not affect
the expiration of such subdivision and shall be deemed to expire there-
with;
2. the amendments to subdivision 4 of section 2590-b of the education
law made by section two of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith; and
3. the amendments to subdivision 36 of section 2590-h of the education
law made by section five of this act shall not affect the expiration of
such subdivision and shall be deemed to expire therewith.