NY State Assembly Bill 2009-A8686

Assembly Bill A8686

2009-2010 Legislative Session

Relates to the control and governance of the city school system for the city of New York; repealer

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Jun 03, 2009	referred to education

multi-Sponsors

2009-A8686 (ACTIVE) - Details

Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§402-a, 2590-a, 2590-b, 2590-e, 2590-f & 2590-h, rpld §2590-h subs 31 & 36, add §2590-t, Ed L amd §1734, Pub Auth L; amd §34, Chap 91 of 2002; amd §17, Chap 123 of 2003

2009-A8686 (ACTIVE) - Summary

Relates to the control and governance of the city school system for the city of New York; creates an independent school performance data and budget office.

2009-A8686 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8686

TITLE OF BILL:  An act to amend the education law and the public author-
ities  law,  in  relation  to  the powers and duties of community school
superintendents, to expand the membership of the board of  education  of
the city school district of the city of New York, in relation to requir-
ing community district education councils to hold a public hearing prior
to  the closure of a school, prior to procurement by the board of educa-
tion of the city school district of the city of New York, and  prior  to
procurement  by  the New York city school construction authority; and to
amend the education law, in relation to the creation of  an  independent
school  performance  data  and budget office; to amend 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 community boards,  in  relation  to  the  effectiveness
thereof; to amend chapter 123 of the laws of 2003 amending the education
law  relating  to  establishing the community district education council
within the New York city community school district system,  in  relation
to  the  effectiveness  thereof; and to repeal certain provisions of the
education law relating thereto; and providing for the repeal of  certain
provisions upon the expiration thereof

PURPOSE  OR  GENERAL  IDEA OF THE BILL:   The purpose of this bill is to
provide amendments to education law  which  sets  forth  parameters  for
school  governance  within  the  New York City school district. The bill
proposes to amend the composition of the City Board of Education, clari-

fy and strengthen  the  role  of  community  superintendents,  encourage
parental and community participation and establish an Independent School
Performance and Data Office to gather, analyze and report on performance
data and school budgets.

SUMMARY  OF  SPECIFIC  PROVISIONS:    Section 1. Amends subdivision 1 of
section 402-a of the Education law closing a school building

Section 2. Renumbers subdivision 7, of §2590-a of the Education  law  as
subdivision  8,  and  adds new subdivision 7 establishing definitions to
the following: "independent school performance data and budget office."

Section 3. Amends subdivision (1) of §2590-b of  the  Education  law  to
provide  that  there  shall  be  a  thirteen member board which shall be
appointed in the following manner:  seven  members  by  the  Mayor,  one
member  appointed by each borough president of the city of New York, one
member appointed by a vote of the New York City Council.

Paragraph b of subdivision 1 of §2590-b of the Education law  as  renum-
bered  and  amended  as  paragraph  c  and a new paragraph b is added to
provide that the members of the Board of Education  shall  be  appointed
for  fixed terms of two years and may not be removed by their appointing
authorities except for malfeasance or misfeasance.   The  terms  of  the
appointees  of  the Mayor and Borough presidents shall not extend beyond
that of  the  authority  appointing  them.  In  addition,  this  section
provides  that  at least twelve meetings shall be held by the City Board

of Education, and any additional meetings shall occur at the call of the
Chairperson of the City Board of Education.

Section  4. Amends §2590-e of the Education law by adding a new subdivi-
sion 20 to require the CDEC to hold public hearings on  the  closure  of
schools  within  the  community  school district.The CDEC is required to
issue an advisory recommendation regarding the proposed  action  to  the
Chancellor.

Section  5. Paragraph b of subdivision 1 of §2590-f of the Education law
is amended to provide that a Community Superintendent may  not  delegate
their power and duty to appoint or reject a principal candidate.

Section  6. Paragraph 1 of subdivision 1 of §2590-f of the Education law
is amended to prohibit the Chancellor from assigning duties to Community
Superintendents outside of their appointed districts.

Section 7. Subdivision 30 of §2590-h of the Education law is amended  to
provide  that  Community  Superintendents  shall be employed pursuant to
contract terms derived from a model contract developed by the Chancellor
which shall include performance targets.  In  addition,  the  Chancellor
must  provide  sufficient  funding  to each community school district so
there is an administrative office in each  district  that  is  open  and
accessible to the public that is sufficiently staffed to support schools
and parents and perform their statutory powers and duties.

Section  8. Subdivision 31 of §2590-h of the Education law is amended to
require the Chancellor in the event of  a  school  closure  to  publicly
respond  to recommendations of the Community District Education Council.
In addition, such closure must be deferred until the conclusion  of  the
school year in which the final determination had been made.

Section  9.  Subdivision  36 of §2590-h of the Education law is repealed
and replaced with a new subdivision 36 relating to procurement.

Section 10. A new §2580-t of the Education law is added to establish  an
independent  school  performance  data  and  budget  office  to  gather,
analyze, and provide comprehensive and timely information to the  school
system  and  the public, regarding: enrollment, attendance, test scores,
graduation rates, dropout rates, pupil-teacher ratios, and ALL DOE budg-
ets - centrally, in districts, and in schools.

Section 11. Paragraph b of subdivision 1 of §1734 of the Public Authori-
ties law  is  amended  as  it  relates  to  the  New  York  City  School
Construction  Authority.  The  bill provides that the authority shall be
subject to the provisions of section 101 of the general  municipal  law,
the  provisions  of chapters 13 and 14 of the New York City Charter, the
rules of NYC procurement policy board, and the NYC franchise and conces-
sion review committee. No 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.

Sections 12 & 13. Amends §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
community boards, as amended by chapter 123 of the laws of 2003,  relat-
ing to effective dates.

Section 14. Severability Clause

Section 15. Effective Date.

JUSTIFICATIONS:    The  reforms  to  the New York City school governance
statute enacted in 2002 are set to expire in June 2009. While there have
been benefits realized  through  the  enactment  of  school  governance,
improvements  as  set  forth  in these amendments will ensure a balanced
distribution of power and  responsibility,  transparency,  accountabili-
ty,and parental and community participation.

Balancing  the City Board of Education by having the Chancellor serve as
a non-voting ex-officio member while still maintaining  Mayoral  control
will allow City Board members to vet educational policies in a transpar-
ent  forum.  The two year term ensures that decisions are based on board
deliberations of evidenced based best practices.

However, essential to improving school governance  is  strengthening  of
the  role  of  the  Community  Superintendent and providing for adequate
resources to enable that office to effectively engage  parents  and  the
community   regarding  schools  within  the  Community  Superintendent's
appointed district. This measure would restore  School  Superintendents'
role  in  local communities. By making this change, parents and communi-
ties will have a resource and a place to go on the local  level  to  ask
questions and resolve problems.

This  bill  would  also  mandate a role for Community District Education
Councils (CDECs) in reviewing the opening and  closing  of  schools.  By
making this change, schools can more effectively involve parents and the
community,  and  DOE  will have to improve communications with public on
school closings, as well as additions of new schools.

The bill provides for formal oversight of contracts and procurements  by
the  Department  of Education, as well as, establishes a new Independent
School Performance and Data Office to provide for the independent review
and analysis of performance data and school budgets.

PRIOR LEGISLATIVE HISTORY:  New Legislation

FISCAL IMPLICATIONS:  To be determined

EFFECTIVE DATE:  Sections one through five, seven through nine,  eleven,
thirteen,  sixteen, seventeen, nineteen, twenty-four, twenty-six through
twenty-eight, and thirty of this  education  law  shall  expire  and  be
deemed  repealed June 30, 2009; provided, further, that sections six and
twenty-nine shall expire  and  be  deemed  repealed  on  June  20,  2015

provided,  further,  that  notwithstanding any provision of article 5 of
the general construction law, on June 30, 2009 the provisions of  subdi-
visions  3,  5,  9 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 education 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, subdi-
vision 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.

2009-A8686 (ACTIVE) - Bill Text download pdf

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

                                  8686

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 3, 2009
                               ___________

Introduced  by M. of A. MAISEL -- Multi-Sponsored by -- M. of A. BRENNAN
  -- read once and referred to the Committee on Education

AN ACT to amend the education law and the  public  authorities  law,  in
  relation to the powers and duties of community school superintendents,
  to  expand the membership of the board of education of the city school
  district of the city of New York, in relation to  requiring  community
  district  education  councils  to  hold  a public hearing prior to the
  closure of a school, prior to procurement by the board of education of
  the city school district of  the  city  of  New  York,  and  prior  to
  procurement by the New York city school construction authority; and to
  amend the education law, in relation to the creation of an independent
  school  performance data and budget office; to amend 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 community boards, in relation to the effective-
  ness  thereof;  to  amend chapter 123 of the laws of 2003 amending the
  education law relating to establishing the community  district  educa-
  tion  council  within  the  New  York  city  community school district
  system, in relation  to  the  effectiveness  thereof;  and  to  repeal
  certain  provisions of the education law relating thereto; and provid-
  ing for the repeal of certain provisions upon the expiration thereof

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

  Section  1.  Subdivision  1  of section 402-a of the education law, as
added by chapter 196 of the laws of 1990, is amended to read as follows:
  1. At least six months in advance of a proposed  school  closing,  the
trustees or board of education of a school district in which such build-
ing  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. In a city with a population of one
million  or  more, when the city board is considering the closing of any

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14077-02-9

A. 8686                             2

school building, such city board is hereby [authorized and  recommended]
REQUIRED  to establish such advisory committee on school building utili-
zation for schools within its jurisdiction and delegate to the appropri-
ate community [school board] DISTRICT EDUCATION COUNCIL the responsibil-
ity   for  appointing  such  a  committee  for  any  school  within  the
jurisdiction  of  such  community  [school  board]  DISTRICT   EDUCATION
COUNCIL.  Each  committee  may be comprised of but not limited to school
district authorities, 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  committee, if established, shall prepare in writing an educational
impact statement which shall consider the criteria stated in subdivision
two of this section.
  S 2. Subdivision 7 of section 2590-a of the education  law  is  renum-
bered subdivision 8 and a new subdivision 7 is added to read as follows:
  7.  INDEPENDENT  SCHOOL  PERFORMANCE  DATA AND BUDGET OFFICE. THE TERM
"INDEPENDENT SCHOOL PERFORMANCE DATA AND BUDGET OFFICE" SHALL  MEAN  THE
INDEPENDENT SCHOOL PERFORMANCE DATA AND BUDGET OFFICE CREATED BY SECTION
TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE.
  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  members: one member to be appointed by each borough presi-
dent of the city of New York; seven members to be appointed by the mayor
of the city of New York; and [the chancellor] ONE  MEMBER  APPOINTED  BY
THE  SPEAKER  OF THE NEW YORK CITY COUNCIL.  The [chancellor shall serve
as the] chairperson of the city board SHALL BE A DULY  APPOINTED  MEMBER
ELECTED  EACH  YEAR  BY  A  MAJORITY OF MEMBERS OF THE CITY BOARD.  [All
twelve appointed members shall serve at the pleasure of  the  appointing
authority  and shall not] NO MEMBER SHALL be employed in any capacity by
the city of New York, or a subdivision thereof, or the city board.  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  attending a public school within the city
school district of the city of New York. Each mayoral appointee shall be
a resident of the city. Any vacancy shall be filled  by  appointment  by
the  appropriate 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) MEMBERS OF THE CITY BOARD SHALL SERVE FOR FIXED TERMS OF TWO YEARS
AND  MAY  NOT  BE  REMOVED  BY  THEIR  APPOINTING AUTHORITIES EXCEPT FOR
MALFEASANCE OR MISFEASANCE, AND PROVIDED FURTHER THAT THE TERMS  OF  THE
APPOINTEES  OF  THE MAYOR AND BOROUGH PRESIDENTS SHALL NOT EXTEND BEYOND
THAT OF THE AUTHORITY APPOINTING THEM.
  (C) The city board shall hold at least twelve meetings per  year;  any
additional  meetings  may  be  called at the request of the [chancellor]
CHAIRPERSON OF THE CITY BOARD.
  S 4. Section 2590-e of the education law is amended by  adding  a  new
subdivision 20 to read as follows:
  20. HOLD A PUBLIC HEARING ON THE PROPOSED CLOSURE OF ANY SCHOOL.  SUCH
HEARING  SHALL BE HELD AT THE SCHOOL THAT IS THE SUBJECT OF THE HEARING.
SUCH HEARING SHALL BE HELD AT LEAST SIX MONTHS AND NO MORE THAN ONE YEAR
PRIOR TO SUCH ANTICIPATED CLOSURE DATE. THE COUNCIL  SHALL  ENSURE  THAT

A. 8686                             3

NOTICE  OF THE HEARING IS POSTED IN SUCH A MANNER TO MAXIMIZE THE NUMBER
OF AFFECTED INDIVIDUALS THAT RECEIVE NOTICE, INCLUDING PROVIDING  NOTICE
TO  STUDENTS  AND  PARENTS  OF  THE STUDENTS. UPON THE CONCLUSION OF THE
PUBLIC  HEARING,  THE  COUNCIL  SHALL  ISSUE  AN ADVISORY RECOMMENDATION
REGARDING THE PROPOSED ACTION TO THE CHANCELLOR.
  S 5. Paragraph (b) of subdivision 1 of section 2590-f of the education
law, as added by chapter 720 of the laws of 1996, is amended to read  as
follows:
  (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,  PROVIDED  HOWEVER  THAT  A  SUPERINTENDENT MAY NOT DELEGATE THEIR
POWER AND DUTY TO APPOINT OR REJECT PRINCIPAL CANDIDATES SCREENED PURSU-
ANT TO PARAGRAPH (E) OF THIS SUBDIVISION.
  S 6. Paragraph (l) of subdivision 1 of section 2590-f of the education
law, as added by chapter 720 of the laws of 1996, is amended to read  as
follows:
  (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, PROVIDED HOWEVER THE CHANCELLOR MAY NOT ASSIGN DUTIES
TO  COMMUNITY  SUPERINTENDENTS OUTSIDE OF THE DISTRICT TO WHICH THEY ARE
APPOINTED.
  S 7. Subdivision 30 of section 2590-h of the education law,  as  added
by chapter 91 of the laws of 2002, is amended to read as follows:
  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, at a salary to  be  fixed  within  the
budgetary  allocation  therefor.    COMMUNITY  SUPERINTENDENTS  SHALL BE
EMPLOYED PURSUANT TO AND  UPON  EXECUTION  OF  A  CONTRACT  USING  TERMS
DERIVED  FROM  A MODEL CONTRACT DEVELOPED BY THE CHANCELLOR, WHICH SHALL
INCLUDE PERFORMANCE TARGETS.   THE CHANCELLOR SHALL  PROVIDE  SUFFICIENT
FUNDING TO EACH COMMUNITY SCHOOL DISTRICT SO AS TO ENSURE THAT AN ADMIN-
ISTRATIVE  OFFICE  IN  EACH DISTRICT SHALL BE OPEN AND ACCESSIBLE TO THE
PUBLIC AND SUFFICIENTLY STAFFED  TO  SUPPORT  SCHOOLS  AND  PARENTS  AND
PROVIDE RESOURCES SO THAT COMMUNITY SUPERINTENDENTS SHALL EXERCISE THEIR
STATUTORY POWERS AND DUTIES WITHIN THE COMMUNITY SCHOOL DISTRICT.
  S 8. Subdivision 31 of section 2590-h of the education law is REPEALED
and a new subdivision 31 is added to read as follows:
  31.  INTERVENE IN ANY DISTRICT OR SCHOOL WHICH IS PERSISTENTLY FAILING
TO  ACHIEVE EDUCATIONAL RESULTS AND STANDARDS APPROVED BY THE CITY BOARD
OR ESTABLISHED BY THE STATE BOARD OF REGENTS, OR HAS FAILED  TO  IMPROVE
ITS  EDUCATIONAL RESULTS AND STUDENT ACHIEVEMENT IN ACCORDANCE WITH SUCH
STANDARDS OR STATE OR CITY BOARD  REQUIREMENTS,  OR  IN  ANY  SCHOOL  OR
DISTRICT IN WHICH THERE EXISTS, IN THE CHANCELLOR'S JUDGMENT, A STATE OF
UNCONTROLLED OR UNADDRESSED VIOLENCE. THE CHANCELLOR MAY, IN ADDITION TO
EXERCISING  ANY  OTHER  POWERS  AUTHORIZED BY THIS ARTICLE, REQUIRE SUCH
SCHOOL PRINCIPAL, OR DISTRICT AS THE CASE MAY BE, TO PREPARE  A  CORREC-
TIVE  ACTION PLAN, WITH A TIMETABLE FOR IMPLEMENTATION OF STEPS ACCEPTA-
BLE TO THE CHANCELLOR TO REACH IMPROVEMENT GOALS  CONSISTENT  WITH  CITY
BOARD  STANDARDS AND EDUCATIONAL RESULTS. THE CHANCELLOR MAY REQUIRE THE
SCHOOL OR DISTRICT TO ALTER OR IMPROVE THE CORRECTIVE  ACTION  PLAN,  OR
MAY  DIRECTLY  MODIFY THE PLAN. THE CHANCELLOR SHALL MONITOR IMPLEMENTA-
TION OF THE PLAN, AND, IF THE SCHOOL OR DISTRICT FAILS TO IMPLEMENT  IT,
MAY  SUPERSEDE ANY INCONSISTENT DECISION OF THE SCHOOL PRINCIPAL, COMMU-

A. 8686                             4

NITY DISTRICT EDUCATION  COUNCIL  OR  COMMUNITY  SUPERINTENDENT;  ASSUME
JOINT  OR  DIRECT  CONTROL OF THE OPERATION OF THE SCHOOL OR DISTRICT TO
IMPLEMENT THE CORRECTIVE ACTION PLAN; OR TAKE ANY OTHER  ACTION  AUTHOR-
IZED  BY  THIS  ARTICLE.    IN  THE  EVENT OF A DETERMINATION TO CLOSE A
SCHOOL, THE CHANCELLOR SHALL BE REQUIRED  TO  PUBLICLY  RESPOND  TO  THE
RECOMMENDATIONS OF THE COMMUNITY DISTRICT EDUCATION COUNCIL SET FORTH IN
SUBDIVISION TWENTY OF SECTION TWENTY-FIVE HUNDRED NINETY-E OF THIS ARTI-
CLE,  AND  SUCH  CLOSURE  MUST  BE  DEFERRED UNTIL THE CONCLUSION OF THE
SCHOOL YEAR IN WHICH THE FINAL DETERMINATION HAD BEEN MADE.  ANY  ACTION
OF  THE  CHANCELLOR  TO SUPERSEDE AN INCONSISTENT DECISION OF THE SCHOOL
PRINCIPAL, COMMUNITY DISTRICT EDUCATION COUNCIL OR COMMUNITY SUPERINTEN-
DENT, OR TO ASSUME JOINT OR DIRECT  CONTROL  OF  THE  OPERATION  OF  THE
SCHOOL  OR  DISTRICT PURSUANT TO THIS SUBDIVISION MAY BE APPEALED TO THE
CITY BOARD IN ACCORDANCE WITH SECTION TWENTY-FIVE  HUNDRED  NINETY-G  OF
THIS ARTICLE.
  S 9. Subdivision 36 of section 2590-h of the education law is REPEALED
and a new subdivision 36 is added to read as follows:
  36.  (A)  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, ENSURE THAT ALL
CONTRACTS OR AGREEMENTS INVOLVING THE PURCHASE OR DELIVERY  OF  MATERIAL
GOODS,  SUPPLIES,  AND SERVICES BY OR TO THE CHANCELLOR, THE SUPERINTEN-
DENTS 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,  THE RULES OF THE NEW YORK CITY PROCUREMENT POLICY BOARD AND OF
THE NEW YORK CITY FRANCHISE CONCESSION AND  REVIEW  COMMITTEE.  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,  INCLUDING  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  10.  The education law is amended by adding a new section 2590-t to
read as follows:
  S 2590-T. INDEPENDENT SCHOOL PERFORMANCE DATA AND  BUDGET  OFFICE.  1.
THERE  IS HEREIN ESTABLISHED THE INDEPENDENT SCHOOL PERFORMANCE DATA AND
BUDGET OFFICE TO GATHER, ANALYZE, AND PROVIDE COMPREHENSIVE  AND  TIMELY
INFORMATION TO THE DISTRICT AND THE PUBLIC REGARDING ENROLLMENT, ATTEND-
ANCE,  TEST  SCORES,  GRADUATION  RATES,  DROPOUT  RATES,  PUPIL-TEACHER
RATIOS, AND ALL BUDGETS OF THE CITY SCHOOL DISTRICT OF THE CITY  OF  NEW
YORK, INCLUDING CENTRAL, DISTRICT AND INDIVIDUAL SCHOOLS.
  2.  THE  INFORMATION REQUIRED BY SUBDIVISION ONE OF THIS SECTION SHALL
BE GATHERED, ANALYZED AND PROVIDED BY DISCREET CATEGORIES INCLUDING  BUT
NOT LIMITED TO CENTRAL OFFICES, SCHOOL ORGANIZATIONS UNDER THE JURISDIC-

A. 8686                             5

TION OF THE CHANCELLOR, COMMUNITY SCHOOL DISTRICTS, CHARTER SCHOOLS, AND
INDIVIDUAL SCHOOLS.
  S  11.  Paragraph  b  of  subdivision  1 of section 1734 of the public
authorities law, as added by chapter 738 of the laws of 1988, is amended
to read as follows:
  b. The authority shall be subject to the  provisions  of  section  one
hundred  one of the general municipal law AND TO THE PROVISIONS OF CHAP-
TERS THIRTEEN AND FOURTEEN OF THE NEW YORK  CITY  CHARTER,  AND  TO  THE
RULES  OF THE NEW YORK CITY PROCUREMENT POLICY BOARD AND OF THE NEW YORK
CITY FRANCHISE AND CONCESSION REVIEW COMMITTEE. NO CONTRACT OR AGREEMENT
AWARDED PURSUANT TO THIS SECTION SHALL BE IMPLEMENTED UNTIL IT HAS  BEEN
FILED  AND REGISTERED BY THE NEW YORK CITY COMPTROLLER PURSUANT TO CHAP-
TERS FIVE AND THIRTEEN OF THE NEW YORK CITY CHARTER.
  S 12. 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  through  [twenty]  FIVE,  SEVEN  THROUGH  NINE,  ELEVEN,  THIRTEEN,
SIXTEEN, SEVENTEEN,  NINETEEN,  twenty-four,  [and]  twenty-six  through
TWENTY-EIGHT, AND thirty of this act shall expire and be deemed repealed
June  30,  2009; PROVIDED, FURTHER, THAT SECTIONS SIX AND TWENTY-NINE OF
THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON JUNE 20, 2015; provided,
further, that notwithstanding any provision of article 5 of the  general
construction  law, on June 30, 2009 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 educa-
tion 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 education 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, subdivi-
sion 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 educa-
tion  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 thir-
ty of this act shall be revived and be read as such  provisions  existed
in law on the date immediately preceding the effective 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  13.  Section  17  of  chapter  123 of the laws of 2003 amending the
education law relating to establishing the community district  education
council  within  the  New  York city community school district system is
amended to read as follows:
  S 17. This act shall take effect immediately; provided, however,  that
[the provisions of this act shall be deemed repealed on the same date as

A. 8686                             6

sections 1 through 20, 24 and 26 through 30 of chapter 91 of the laws of
2002]:
  (A)  SECTIONS  ONE,  TWO, THREE, FOUR, FIVE, SIX, TEN, ELEVEN, TWELVE,
AND THIRTEEN OF THIS ACT SHALL EXPIRE AND BE DEEMED REPEALED ON JUNE 30,
2015; AND
  (B) SECTIONS EIGHT AND NINE OF THIS ACT SHALL  EXPIRE  AND  BE  DEEMED
REPEALED ON NOVEMBER 30, 2015.
  S  14. Severability clause. If any clause, sentence, paragraph, subdi-
vision, or section of this act shall be adjudged by any court of  compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its opera-
tion to the clause, sentence, paragraph, subdivision, or section thereof
directly  involved  in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if  such  invalid  provisions
had not been included herein.
  S 15. This act shall take effect immediately; provided, however, that:
  (a)  sections  one,  two,  three, four, five, six, seven, eight, nine,
ten, and eleven of this act shall take effect on July 1, 2009;
  (b) sections one, two, five, six, nine, ten, and eleven  of  this  act
shall expire and be deemed repealed on June 30, 2015;
  (c) the amendments to subdivision 1 of section 2590-b of the education
law  made  by  section three of this act shall not affect the expiration
and reversion of such subdivision and shall expire therewith;
  (d) the amendments to section 2590-e of  the  education  law  made  by
section  four  of this act shall be subject to the expiration and rever-
sion of such section and shall expire therewith;
  (e) the amendments to subdivision 30 of section 2590-h of  the  educa-
tion  law made by section seven of this act shall not affect the expira-
tion and reversion of such subdivision and shall expire therewith; and
  (f) section eight of this act shall  expire  and  be  deemed  repealed
November 30, 2015.

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Assembly Bill A8686

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