S T A T E O F N E W Y O R K
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8705
2009-2010 Regular Sessions
I N A S S E M B L Y
June 4, 2009
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Introduced by M. of A. PERALTA, ESPAILLAT -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to establishing a parent
participation board and an office of education ombudsperson for each
community school district in the city school district of the city of
New York, and directing each borough president of the city of New York
to establish a parent academy
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding three new sections
2590-cc, 2590-ee and 2590-t to read as follows:
S 2590-CC. PARENT PARTICIPATION BOARDS; COMPOSITION, POWERS AND
DUTIES. 1. THERE SHALL BE ESTABLISHED AND MAINTAINED A PARENT PARTIC-
IPATION BOARD WITHIN EACH COMMUNITY DISTRICT. EACH PARENT PARTICIPATION
BOARD SHALL BE COMPOSED OF FIFTY-ONE VOTING MEMBERS, EACH OF WHOM SHALL
SERVE A TERM OF TWO YEARS. SUCH MEMBERS SHALL BE APPOINTED AS FOLLOWS:
(A) SEVENTEEN MEMBERS SHALL BE APPOINTED BY THE BOROUGH PRESIDENT OF
THE BOROUGH IN WHICH THE COMMUNITY DISTRICT IS LOCATED;
(B) SEVENTEEN MEMBERS SHALL BE APPOINTED BY A MAJORITY VOTE OF THE
CITY COUNCIL OF THE CITY OF NEW YORK; AND
(C) SEVENTEEN MEMBERS SHALL BE APPOINTED BY A MAJORITY VOTE OF EACH
HOUSE OF THE LEGISLATURE.
2. OF THE MEMBERS APPOINTED TO A PARENT PARTICIPATION BOARD:
(A) NOT LESS THAN ONE MEMBER SHALL BE THE PARENT OF AN ENGLISH
LANGUAGE LEARNER ATTENDING A SCHOOL IN THE COMMUNITY DISTRICT;
(B) NOT LESS THAN ONE MEMBER SHALL BE THE PARENT OF A STUDENT RECEIV-
ING SPECIAL EDUCATION SERVICES IN A SCHOOL IN THE COMMUNITY DISTRICT;
(C) NOT LESS THAN ONE MEMBER SHALL BE OR HAVE BEEN A GRADUATING SENIOR
FROM A HIGH SCHOOL IN THE COMMUNITY DISTRICT DURING HIS OR HER TERM OF
OFFICE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14107-01-9
A. 8705 2
(D) NOT LESS THAN ONE MEMBER SHALL BE THE PARENT OF A STUDENT ATTEND-
ING A CHARTER SCHOOL IN THE COMMUNITY DISTRICT;
(E) NOT LESS THAN ONE MEMBER SHALL BE A TEACHER AT A SCHOOL IN THE
COMMUNITY DISTRICT, WHO IS A MEMBER OF THE UNITED FEDERATION OF TEACH-
ERS;
(F) NOT LESS THAN ONE MEMBER SHALL BE AN EMPLOYEE OF A SCHOOL IN THE
COMMUNITY DISTRICT, WHO IS A MEMBER OF DISTRICT COUNCIL 37; AND
(G) NOT LESS THAN ONE MEMBER SHALL BE A MEMBER OF THE COUNCIL OF
SCHOOL ADMINISTRATORS FOR THE COMMUNITY DISTRICT.
3. VACANCIES IN THE MEMBERSHIP OF A PARENT PARTICIPATION BOARD SHALL
BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. THE MEMBERS
OF A PARENT PARTICIPATION BOARD MAY BE REAPPOINTED, PROVIDED THAT NO
MEMBER SHALL SERVE AS A MEMBER FOR MORE THAN EIGHT YEARS.
4. EVERY MEMBER OF A PARENT PARTICIPATION BOARD SHALL BE A RESIDENT OF
THE CITY OF NEW YORK, AND BE A RESIDENT OF, BE EMPLOYED IN OR HAVE A
CHILD ATTENDING A SCHOOL IN THE COMMUNITY DISTRICT. NO SUCH MEMBER SHALL
BE EMPLOYED BY A BOROUGH PRESIDENT, THE CITY COUNCIL OF THE CITY OF NEW
YORK OR THE STATE LEGISLATURE. EVERY MEMBER SHALL BE SUBJECT TO AND
SHALL COMPLY WITH ALL STATE AND CITY OF NEW YORK CONFLICT OF INTEREST
LAWS.
5. A MAJORITY OF THE DULY APPOINTED MEMBERS OF A PARENT PARTICIPATION
BOARD SHALL CONSTITUTE A QUORUM AND NOT LESS THAN A MAJORITY OF SUCH
MEMBERS CONCURRING MAY TRANSACT ANY BUSINESS OR PERFORM ANY DUTY OR
EXERCISE ANY POWER OF SUCH BOARD.
6. EACH PARENT PARTICIPATION BOARD SHALL ESTABLISH ITS OWN EXECUTIVE
BOARD WHICH SHALL BE COMPOSED OF THE FOLLOWING OFFICES ELECTED FROM THE
MEMBERSHIP OF SUCH BOARD:
(A) PRESIDENT;
(B) VICE-PRESIDENT;
(C) TREASURER;
(D) SECRETARY; AND
(E) ASSISTANT SECRETARY.
7. (A) EVERY PARENT PARTICIPATION BOARD SHALL ESTABLISH THE FOLLOWING
COMMITTEES:
(1) BUDGET AND FINANCE;
(2) SCHOOL CITING AND FACILITIES USAGE;
(3) SCHOOL SAFETY AND STUDENT ATTENDANCE;
(4) CURRICULUM AND TESTING;
(5) AFTER-SCHOOL AND GIFTED PROGRAMS;
(6) UNIVERSAL PRE-KINDERGARTEN AND EARLY CHILDHOOD EDUCATION;
(7) SPECIAL EDUCATION; AND
(8) BILINGUAL EDUCATION.
(B) THE CHAIRPERSON OF EACH COMMITTEE SHALL BE APPOINTED BY THE PRESI-
DENT OF THE PARENT PARTICIPATION BOARD, WITH THE ADVICE AND CONSENT OF
THE EXECUTIVE BOARD; PROVIDED, THAT THE FOLLOWING COMMITTEES SHALL HAVE
THE FOLLOWING CO-CHAIRPERSONS:
(1) SPECIAL EDUCATION COMMITTEE: A MEMBER OF THE BOROUGH SPECIAL
EDUCATION COUNCIL APPOINTED BY THE BOROUGH PRESIDENT; AND
(2) BILINGUAL COMMITTEE: A MEMBER OF THE BOROUGH ENGLISH LANGUAGE
LEARNERS TASK FORCE APPOINTED BY THE BOROUGH PRESIDENT.
8. EVERY PARENT PARTICIPATION BOARD SHALL HAVE THE POWER AND DUTY TO:
(A) ESTABLISH ITS PROCEDURES AND BY-LAWS;
(B) PROVIDE ACCESS, ASSISTANCE AND ADVICE TO THE CHANCELLOR, CITY
DISTRICT AND DEPARTMENT ON ALL EDUCATION AND BUDGET ISSUES IN THE COMMU-
NITY DISTRICT;
A. 8705 3
(C) ESTABLISH FORMAL PROCESSES FOR REVIEW AND INPUT ON MATTERS OF
IMPORTANCE TO STUDENTS, PARENTS, TEACHERS AND THE COMMUNITY DISTRICT;
(D) ESTABLISH A FORMAL SCHOOL CITING PARENTAL REVIEW PROCEDURE FOR THE
REVIEW OF SCHOOL CITING, SELECTION, RESTRUCTURING, EXPANSION AND RECON-
FIGURATION BY CONVENING PUBLIC HEARINGS, SOLICITING INPUT FROM PARENTS,
TEACHERS AND THE COMMUNITY, AND ISSUING FORMAL RECOMMENDATIONS;
(E) CONDUCT AN ANNUAL REVIEW OF AND MAKE RECOMMENDATIONS ON THE FIVE-
YEAR CAPITAL PLAN AND COMMUNITY DISTRICT OPERATING COSTS;
(F) PREPARE THE COMMUNITY DISTRICT REPORT CARD FOCUSING ON TEST
SCORES, ATTENDANCE, PUPIL TO TEACHER RATIO, GRADUATION RATE AND DROP OUT
RATE;
(G) ENGAGE AND CONSULT WITH COMMUNITY BASED ENTITIES INCLUDING COMMU-
NITY PLANNING BOARDS, PRECINCT COMMUNITY COUNCILS, PARENT ASSOCIATIONS,
PARENT AND TEACHER ASSOCIATIONS, AND SCHOOL LEADERSHIP TEAMS. PROVIDED
THAT THE PRESIDENT, OR HIS OR HER DESIGNEE, SHALL ATTEND AND REPORT UPON
EACH MEETING OF THE COMMUNITY PLANNING BOARD AND THE PRECINCT COMMUNITY
COUNCIL;
(H) REVIEW AND MAKE RECOMMENDATIONS ON ALL POLICY ISSUES BEFORE THE
PANEL FOR EDUCATION POLICY; AND
(I) PROVIDE FOR THE TERMINATION AND REMOVAL OF ANY MEMBER WHO FAILS TO
MEET THE QUALIFICATIONS OF MEMBERSHIP, OR FAILS TO FULFILL HIS OR HER
DUTIES BY NOT ENGAGING IN REGULAR ATTENDANCE AT AND PARTICIPATION IN
BOARD MEETINGS AND HEARINGS.
9. THE CHANCELLOR OR A MEMBER OF HIS OR HER OFFICE SHALL ANNUALLY
ATTEND NOT LESS THAN ONE MEETING OF EACH PARENT PARTICIPATION BOARD IN
THE CITY DISTRICT. THE COMMUNITY DISTRICT SUPERINTENDENT SHALL ATTEND
EVERY MEETING OF THE PARENT PARTICIPATION BOARD.
S 2590-EE. OFFICE OF EDUCATION OMBUDSPERSON. 1. EACH PARENT PARTIC-
IPATION BOARD SHALL ESTABLISH AN OFFICE OF EDUCATION OMBUDSPERSON FOR
THE COMMUNITY DISTRICT.
2. THE OFFICE OF EDUCATION OMBUDSPERSON SHALL PROVIDE SUPPORT TO AND
OPERATE THE OFFICES OF THE PARENT PARTICIPATION BOARD. SUCH OFFICES'
DUTIES SHALL INCLUDE PARENTAL SERVICES, SUPERVISION OF STAFF, RECORD
KEEPING, MAINTAINING PARENT PARTICIPATION BOARD MEETINGS, PUBLIC NOTIFI-
CATION OF PARENT PARTICIPATION BOARD MEETINGS AND HEARINGS, AND FORMAL
COMMUNICATIONS WITH CITY OF NEW YORK AND STATE AGENCIES AND OFFICIALS.
3. SUCH OFFICE SHALL ACCEPT APPLICATIONS FOR MEMBERSHIP ON THE PARENT
PARTICIPATION BOARD, AND ENSURE THAT APPLICANTS AND MEMBERS MEET THE
QUALIFICATIONS FOR MEMBERSHIP THEREON PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-CC OF THIS ARTICLE.
4. EVERY MEMBER OF A PARENT PARTICIPATION BOARD SHALL IMMEDIATELY
NOTIFY THE APPROPRIATE OFFICE OF EDUCATION OMBUDSPERSON OF ANY CHANGE
WHICH DISQUALIFIES SUCH MEMBER FROM MEMBERSHIP ON SUCH BOARD, AND SUCH
OFFICE SHALL NOTIFY THE APPOINTING OFFICER OR ENTITY OF SUCH MEMBER OF
HIS OR HER DISQUALIFICATION.
S 2590-T. PARENT ACADEMY. EVERY BOROUGH PRESIDENT IN THE CITY OF NEW
YORK SHALL ESTABLISH AND MAINTAIN A PARENT ACADEMY FOR HIS OR HER
BOROUGH. EACH PARENT ACADEMY SHALL PROVIDE TRAINING FOR ALL MEMBERS OF
THE PARENT PARTICIPATION BOARDS WITHIN THE BOROUGH; AND PROVIDE TRAINING
TO PARENTS OF CHILDREN ATTENDING SCHOOLS IN THE BOROUGH IN SKILLS BUILD-
ING, LEADERSHIP DEVELOPMENT, EDUCATION POLICY, AND BUDGET AND FINANCE.
EACH ACADEMY SHALL ALSO PROVIDE PARENTS TO INTERACT TO LEARN HOW TO
ASSIST THEIR CHILDREN TO SUCCEED IN SCHOOL AND AFTER GRADUATION. THE
PARENT ACADEMIES SHALL BE TAILORED TO THE DIVERSE COMMUNITIES WITHIN THE
BOROUGH IN WHICH IT IS LOCATED IN ORDER TO FACILITATE THE MAXIMUM
INVOLVEMENT OF PARENTS IN THE BOROUGH.
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S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, that effective immediately any
actions necessary to implement the provisions of this act on its effec-
tive date are authorized and directed to be completed on or before such
date.