S T A T E O F N E W Y O R K
________________________________________________________________________
6085
2009-2010 Regular Sessions
I N S E N A T E
July 12, 2009
___________
Introduced by Sen. SMITH -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to the governance of the
city school system for the city of New York; creating a temporary
commission on public safety in the city school district of the city of
New York; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading of section 2590-b of the education law,
as amended by a chapter of the laws of 2009 amending the education law
and other laws relating to the New York city board of education, as
proposed in legislative bills numbers S.5887 and A.8903-A, is amended to
read as follows:
Continuation of city board and establishment of community districts;
establishment of the city-wide councils on special education, English
language learners, THE ARTS, and high schools.
S 2. Subdivision 7 of section 2590-b of the education law, as added by
a chapter of the laws of 2009 amending the education law and other laws
relating to the New York city board of education, as proposed in legis-
lative bills numbers S.5887 and A.8903-A is renumbered subdivision 8 and
a new subdivision 7 is added to read as follows:
7. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON THE ARTS CREATED PURSUANT
TO THIS SECTION. THE CITY-WIDE COUNCIL ON THE ARTS SHALL CONSIST OF
THIRTEEN VOTING MEMBERS AND ONE NON-VOTING MEMBER, AS FOLLOWS:
(I) TEN VOTING MEMBERS WHO SHALL BE PARENTS OF STUDENTS ATTENDING
PUBLIC SCHOOLS. TWO MEMBERS REPRESENTING EACH BOROUGH SHALL BE SELECTED
BY PRESIDENTS AND OFFICERS OF THE PARENT-TEACHERS' ASSOCIATIONS IN THE
RELEVANT BOROUGH, PURSUANT TO A PROCESS ESTABLISHED BY THE CHANCELLOR.
SUCH MEMBERS SHALL SERVE A TWO YEAR TERM;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14515-05-9
S. 6085 2
(II) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT WITH AN
INDIVIDUALIZED EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED BY THE
CITY-WIDE COUNCIL ON SPECIAL EDUCATION, AND SHALL SERVE A TWO YEAR TERM;
(III) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT IN A BILIN-
GUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAM CONDUCTED IN A PUBLIC
SCHOOL. SUCH MEMBER SHALL BE APPOINTED BY THE CITY-WIDE COUNCIL ON
ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;
(IV) ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
NEW YORK, WHO SHALL BE A RESIDENT OF THE CITY AND SHALL HAVE EXTENSIVE
BUSINESS, TRADE, OR EDUCATION EXPERIENCE AND KNOWLEDGE WHO WILL MAKE A
SIGNIFICANT CONTRIBUTION TO IMPROVING EDUCATION IN THE CITY DISTRICT.
SUCH MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AND
(V) ONE NON-VOTING MEMBER WHO IS A PUBLIC HIGH SCHOOL SENIOR,
APPOINTED BY THE CHANCELLOR PURSUANT TO A PROCESS DEVELOPED BY THE CHAN-
CELLOR. SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO
ARE CANDIDATES IN THE SELECTION PROCESS ESTABLISHED BY THE CHANCELLOR
PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH
SELECTION PROCESS. THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE IN THE
PLACE OF EACH SUCH OFFICER FOR PURPOSES OF THE SELECTION PROCESS.
(B) THE CITY-WIDE COUNCIL ON THE ARTS SHALL HAVE THE POWER TO:
(I) ADVISE AND COMMENT ON ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING THE ARTS;
(II) ISSUE AN ANNUAL REPORT ON COMPLIANCE WITH STATE REGULATIONS
GOVERNING ARTS EDUCATION, THE EFFECTIVENESS OF THE CITY DISTRICT IN
PROVIDING ARTS INSTRUCTION AND PROGRAMMING TO PUBLIC SCHOOL STUDENTS,
AND MAKING RECOMMENDATIONS, AS APPROPRIATE, ON HOW TO IMPROVE THE
ADEQUACY, EFFICIENCY AND DELIVERY OF SUCH SERVICES; AND
(III) HOLD AT LEAST ONE MEETING PER MONTH OPEN TO THE PUBLIC AND
DURING WHICH THE PUBLIC MAY DISCUSS ISSUES FACING THE DESIGN, IMPLEMEN-
TATION AND EFFECTIVENESS ON ARTS CURRICULUM AND PROGRAMMING IN THE
SCHOOLS.
(C) VACANCIES SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS, PURSUANT TO A PROCESS DEVELOPED BY THE CHANCEL-
LOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF STUDENTS ATTENDING
PUBLIC HIGH SCHOOL; PROVIDED, HOWEVER, THAT WHERE A VACANCY OCCURS IN A
POSITION APPOINTED BY THE PUBLIC ADVOCATE, THE PUBLIC ADVOCATE SHALL
APPOINT A MEMBER TO SERVE THE REMAINDER OF THE UNEXPIRED TERM.
S 3. Paragraph (a) of subdivision 1 of section 2590-c of the education
law, as amended by a chapter of the laws of 2009 amending the education
law and other laws relating to the New York city board of education, as
proposed in legislative bills numbers S.5887 and A.8903-A, is amended to
read as follows:
(a) Nine voting members shall be parents whose children are attending
a school under the jurisdiction of the community district, or have
attended a school under the jurisdiction of the community district with-
in the preceding two years, and shall be selected by the presidents and
officers of the parents' association or parent-teachers' association.
Such members shall serve for a term of two years, AND MAY NOT SERVE MORE
THAN TWO TERMS. Presidents and officers of parents' associations or
parent-teachers' associations who are candidates in the selection proc-
ess pursuant to this section shall not be eligible to cast votes in such
selection process. The association shall elect a member to vote in the
place of each such president or officer for the purposes of the
selection process.
S. 6085 3
S 4. 1. A temporary state commission, to be known as the commission on
public safety in the city school district of the city of New York, and
hereinafter referred to as the commission, is hereby created to examine,
evaluate and make recommendations concerning the impact that the current
chancellor's regulations and New York police department policies have on
student safety, welfare, and achievement. Specifically the commission
shall examine at least the following:
(a) the impact police and school safety officers have had on student
safety and a safe learning environment;
(b) the methodology used to determine how many school safety and secu-
rity officers are assigned to each school;
(c) the impact of law enforcement presence and activities on student
rights and emotional welfare; and
(d) the appropriateness of the chancellor's current regulations.
2. The commission shall consist of twelve members, to be appointed as
follows: one member to be appointed by the New York city chancellor, one
member appointed by the New York city police commissioner, one member by
the speaker of the New York city council, one member by the New York
city public advocate, one by the collective bargaining unit representing
public school teachers, one appointed by the organization representing
New York city school supervisors, one appointed by the organization
representing police officers in the city of New York and each borough
president shall appoint one parent of a public school student who
resides in the borough. The members of the temporary state commission
established pursuant to this section shall be appointed no later than
January 15, 2010 and shall convene the first meeting of the commission
no later than January 22, 2010. The commission shall elect a chair, a
vice-chair and a secretary from amongst its members. Notwithstanding the
provisions of section 74 of the public officers law, section 806 of the
general municipal law or any other provision of law, membership on the
commission of any state or municipal officer or employee shall not
constitute the violation of any code of ethics or a conflict of inter-
est. The commission shall meet at least monthly. Vacancies in the
membership of the commission and among its officers shall be filled in
the manner provided for original appointments.
3. The commission may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative commit-
tee pursuant to the legislative law. The commission shall hold at least
one hearing in each borough of New York city to solicit input from
members of the public, students, and community based organizations. Such
hearings shall be publicized in such manner as to solicit maximum public
participation. The members of the commission shall select the commission
chair.
4. The members of the commission shall receive no compensation for
their services.
5. To the maximum extent feasible, the commission shall be entitled to
request and receive, and shall utilize and be provided with such facili-
ties, resources and data of any department, division, board, bureau,
commission or agency of the state or any political subdivision thereof
as it may reasonably request to properly carry out its powers and duties
pursuant to this section. The speaker of the city council shall provide
administrative support as necessary for the commission to carry out
powers and duties of the commission.
6. The commission shall make a report to the chancellor of New York
city schools, the city board, the New York city police department, the
mayor of New York city, the speaker of the New York city council, the
S. 6085 4
commissioner of education, and the chair and ranking member of the
senate and assembly education committees of its findings, conclusions
and recommendations on or before January 16, 2011, and shall submit with
such report such legislative proposals as it deems necessary to imple-
ment its recommendations.
7. The temporary state commission established pursuant to this section
shall expire and be terminated on the first day next succeeding the date
of the submission of its report as provided in subdivision six of this
section, and the chairperson of the temporary commission shall notify
the legislative bill drafting commission upon the submission of the
commission's report as provided for in subdivision six of this section
in order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.
S 5. Operation of a parent and student training center. 1. The Metro-
politan Center for Urban Education at New York University, Steinhardt
School of Culture, Education, and Human Development shall operate a
parent and student training center, known as the parent and student
training center ("center") for the support and training of parents or
persons in parental relation to a student or students attending public
school in the city of New York, and students attending public schools in
the city of New York. The center shall design and implement programs for
parent and student engagement within public schools in the city of New
York, coordinating, where appropriate, with the city school district of
the city of New York. The center shall:
(a) conduct outreach, recruitment, training and support programs for
parents and students in order to increase their capacity to participate
in and engage with local, district, and city-wide school governance and
participatory structures designed to support and include parental and
student input including but not limited to school leadership teams,
community education councils, district leadership teams, parent associ-
ations, city-wide councils and other existing formal governance and
participatory structures designed to support and include parental and
student input;
(b) implement programs to enhance parents' and students' ability to
support students' educational success;
(c) assist parents and students in interacting with city school
district personnel and in developing an understanding of the function,
structure and operations of the city of New York department of educa-
tion, including providing basic information concerning school improve-
ment strategies, school budget procedures and state and city structures
and policies that impact education, and the effect of such strategies,
procedures, structures and policies on the education being provided by
the student's school; and
(d) ensure successful establishment and implementation of student
success centers as pilot projects designed to increase the rate of
college enrollment and train students to become youth leaders, including
administering subcontracts between community-based organizations and the
city school district for the implementation of student success centers
in public high schools, with preference being given to existing student
success centers, providing technical assistance to community-based
organizations to successfully implement student success centers, and
conducting annual evaluations of each student success center. At least
$600,000 annually of total annual funds appropriated to the center shall
S. 6085 5
be provided in the form of annual subcontracts to student success
centers.
2. Priority in designing and implementing programs shall be given to
schools and districts in which there is low overall academic achievement
by students or which have a high density of English language learning
students or low-income families. Schools with ineffective parent associ-
ations or without parent associations shall receive target support.
3. Upon request by the center, the city school district shall provide
the center with the names and contact information of the officers of
parent associations, members of councils of presidents, members of the
chancellor's parent advisory council, members of community education
councils, members of school leadership teams, members of district lead-
ership teams, and members of the city-wide councils.
4. The center shall be strictly non-partisan, shall not engage in
issues of advocacy, and shall remain neutral in all policy matters and
disputes.
S 6. The sum of three million two hundred thousand dollars
($3,200,000) is hereby appropriated to the parent and student training
center created pursuant to section five of this act out of any moneys in
the treasury of the city of New York in the fund set aside for the city
school district of the city of New York to the credit of the city
account not otherwise appropriated, to be paid as follows: (a) the sum
of one million six hundred thousand dollars ($1,600,000) to be paid out
during the fiscal year that the center is established; and (b) the sum
of one million six hundred thousand dollars ($1,600,000) to be paid out
in the fiscal year immediately following the fiscal year that the center
is established.
S 7. This act shall take effect immediately; provided, however, that:
a. sections one, two and three of this act shall take effect on the
same date as a chapter of the laws of 2009 amending the education law
and other laws relating to the New York city board of education, as
proposed in legislative bills numbers S.5887 and A.8903-A, takes effect;
and
b. the amendments to section 2590-b of the education law made by
sections one and two of this act, and section 2590-c of the education
law made by section three of this act shall not affect the expiration or
repeal of such provisions and shall expire and be deemed repealed there-
with.