NY State Senate Bill 2009-S5384

Archive: Last Bill Status - In Senate Committee Education 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Apr 27, 2009	referred to education

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2009-S5384 (ACTIVE) - Details

See Assembly Version of this Bill:: A7731
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Rpld & add §2590-a sub 5, amd §2590-b, Ed L; amd Chap 20 Chap Head, add §519, NYC Chart

2009-S5384 (ACTIVE) - Summary

Enacts the "New York city department of education accountability act"; changes references in the law referring to the chancellor of the city school district of New York city to the New York city commissioner of education.

2009-S5384 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5384

 TITLE OF BILL :
An act to amend the education law and the New York city charter, in
relation to enacting the "New York city department of education
accountability act"; and to repeal certain provisions of the education
law relating thereto


 PURPOSE OR GENERAL IDEA OF BILL :
The purpose of this bill is to formally establish the New York City
Department of Education and require it to comply with the provisions
of the New York City charter, with certain exemptions, as if it were a
city agency for the purposes of carrying out the provisions of the
state education law set forth in the "New York City Community School
District" (Article 52-a of the education law) relating to procurement,
budgeting, aspects of land use, rulemaking, community input and city
council, city comptroller and public advocate oversight, and to
establish the head of the Department of Education to be the New York
City Education Commissioner. These changes will clarify the law and
improve transparency, accountability and efficiency in delivering
educational services to New York City's one million school children.
This law does not address the fundamental tenets of mayoral control;
rather, it is intended to fill a gap in existing law by clarifying
oversight of the Department of Education.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 2590-a of the education law is amended to define the terms
"New York City commissioner of education" and "department of education
of the city of New York"; section 2590-b of the education law is
amended to add a new section I-a formally establishing the "department
of education of the city of New York" within state law and making it a
city agency pursuant to the New York City charter for the purposes of
carrying out Article 52-a of the state education law, with certain
exceptions (excepted from this provision are legislative authority
with respect to certain educational powers and duties of the city
board and the Commissioner, and procurement rules as applied to
principals acting pursuant to section 2590-i); chapter twenty of the
New York City charter is renamed "Department of Education," and
amended to establish the New York City Department of Education and the
Education Commissioner, while preserving the sole power of the state
legislature to modify the appointment, tenure, powers and duties of
the Commissioner as set forth in state law.

 JUSTIFICATION :
Since the establishment of "mayoral control" pursuant to chapter 91 of
the laws of 2002, the New York City Department of Education, which
runs the day-to-day operations of the New York City school district,
has operated in a grey area with respect to state and city law;
existing by name in neither the state education law nor the city
charter. There is no clear definition of the government entity
responsible for oversight of the New York City school district. Given
the size and importance of the Department's function, this gap should
be corrected. The New York City Department of Education should operate
under the rules that govern New York City agencies, unless exempted by
state law, either through this statute or another. This law will
increase transparency and accountability within "mayoral control" by
codifying the Department of Education as an agency of the City for
most purposes, while preserving the powers and duties of the city
board (known as the Panel for Educational Policy) and the Commissioner
with respect to setting educational policy, the powers and duties that
may be delegated to principals with respect to procurement, and the
sole ability of the state legislature to define the powers and duties
of the Department and the Commissioner.

 LEGISLATIVE HISTORY :
New Bill.

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5384 (ACTIVE) - Bill Text download pdf

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

                                  5384

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by Sens. SQUADRON, MONSERRATE, ONORATO, PARKER -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Education

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

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

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

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

S. 5384                             2

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

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Senate Bill S5384

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

2009-S5384 (ACTIVE) - Details

2009-S5384 (ACTIVE) - Summary

2009-S5384 (ACTIVE) - Sponsor Memo

2009-S5384 (ACTIVE) - Bill Text download pdf

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Sponsored By

Daniel L. Squadron

Archive: Last Bill Status - In Senate Committee Education Committee

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co-Sponsors

Ruth Hassell-Thompson

Shirley L. Huntley

Liz Krueger

Hiram Monserrate

2009-S5384 (ACTIVE) - Details

2009-S5384 (ACTIVE) - Summary

2009-S5384 (ACTIVE) - Sponsor Memo

2009-S5384 (ACTIVE) - Bill Text download pdf

Comments