| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to finance |
| Jul 12, 2009 |
referred to rules |
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Senate Bill S6087
2009-2010 Legislative Session
Relates to the school governance of the New York city school system; appropriation; repealer
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Finance 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
Actions
co-Sponsors
(D, WF) Senate District
2009-S6087 (ACTIVE) - Details
- Current Committee:
- Senate Finance
- Law Section:
- Appropriations
- Laws Affected:
- Amd §§2590-b & 2590-h, rpld & add §2590-c, chap of 2009 as proposed in (S.5887/ A.8903-A), amd §306, add 2590-w, Ed L
2009-S6087 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6087
TITLE OF BILL :
An act to amend the education law, in relation to the governance of
the city school system for the city of New York; and creating a
temporary commission on public safety in the city school district of
the city of New York; and making an appropriation therefor; and to
repeal certain provisions of such law relating thereto
PURPOSE OR GENERAL IDEA OF THE BILL :
To expand upon legislation reauthorizing the governance structure of
the New York City school district by enhancing the opportunities for
parental and community input into the school district's decision
making process.
SUMMARY OF SPECIFIC PROVISIONS :
Section one:
Adds a city-wide council on English Language Learners and high schools
in addition to the current city-wide council on the arts.
Makes the Chancellor an ex-officio, non-voting member of the Board and
adds a Mayoral appointee as a replacement.
Establishes a two-year term for Board appointees. Requires that one of the Mayoral parent appointees be the parent of a student receiving special education services. Section two: Creates a City-wide Council on the Arts to focus on arts education in the school district with thirteen voting members and one non-voting member. Section three: Establishes a two term limit for members elected to Community District Education Councils. Establishes a system for CEC elections. Prohibits a school from having more than one parent representative on a district education council. Section four: Prohibits the Commissioner of Education from waiving the education qualifications for any Chancellor appointed after July 1,2009. Section five: Clarifies that the Commissioner of Education can remove the New York City Chancellor if the Chancellor is found to have willingly violated a law or regulation. Section six: Create a Temporary Commission on School Safety. The commission will examine, evaluate and make recommendations concerning the impact that the current Chancellor's regulations and the New York police department have on student safety, welfare and achievement. Section seven: Creates the office of the Inspector General for schools who will investigate the impact of New York City Department of Education policies and practices on the educational environment of New York City schools but will not investigate individual acts of fraud or corruption. Section eight: Establishes a parent and student training center under the Metropolitan Center for Urban Education at New York University. The Center will be tasked with the conducting outreach, recruitment, training and support programs for parents and students in order to increase their capacity to participate with local, district, and city-wide school governance. The Center will also be authorized to implement programs to enhance parents and students ability to support students educational success and assist parents and students in interacting with city school district personnel and understand the function, structure and operation of the city of New York department of education. The Center will also work with the Department of Education to continue implementation of student success centers as pilot projects designed to increase the rate of college enrollment and train students to become youth leaders. Section nine: Requires New York City to provide $3.2 million over two years to the Center to implement the parent program. Section ten: Establishes the effective date. PRIOR LEGISLATIVE HISTORY : This is a new bill. JUSTIFICATION : The sunset provision of legislation which empowered the Mayor of New York City to oversee the New York City School system was inserted to provide the legislature with an opportunity to assess seven years of Mayoral Control of the New York City school system. Although progress has been made beyond the inefficiencies of the previous school governance structure, the current practices initiated and enforced by the Mayor are not without faults. In 2008, numerous public hearings were held throughout New York City. Each of these hearings afforded any vested party the opportunity to share concerns and opinions relating to the current education system. Additionally, during this time, countless advocates have visited their respective representatives in their districts and in Albany. Following these hearings and forums for expression, it became apparent that many of the system's most intimately vested parties have become marginalized. This includes parents, teachers and school administrators. These groups, often times, find themselves without recourse for policies they believe are counterproductive to the education system's goals. Concurrently, parents are encountering individualized issues with minimal and cursory means of resolution. This legislation aims to empower those groups who are most intimately involved with the city's students and too ultimately improve the education system for all students. Through restructuring, the school governance system will retain the ability to act in a more efficient and responsible manner, but which incorporates increased involvement and empowerment of parents, teachers and school administrators. FISCAL IMPACT : The bill requires New York City to provide $3.2 million over two years to the Metropolitan Center for Urban Education at New York University. EFFECTIVE DATE : Immediately and will have been considered to be in effect on the same date as the chapter it is amending.
2009-S6087 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
6087
2009-2010 Regular Sessions
I N S E N A T E
July 12, 2009
___________
Introduced by Sens. DILAN, PERKINS -- 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; and creating a temporary
commission on public safety in the city school district of the city of
New York; and making an appropriation therefor; and to repeal certain
provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The section heading and paragraph (a) of subdivision 1 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, are 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.
(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 appointed members: one member to be appointed by each borough
president of the city of New York; and eight members to be appointed by
the mayor of the city of New York. The chancellor shall serve as an
ex-officio non-voting member of the city board. The city board shall
elect its own chairperson from among its voting members. [All thirteen
appointed members shall serve at the pleasure of the appointing authori-
ty] EACH VOTING MEMBER SHALL SERVE A TWO YEAR TERM, and shall not be
employed in any capacity by the city of New York, or a subdivision ther-
eof, or the city board. No appointed member of the city board shall also
be a member, officer, or employee of any public corporation, authority,
or commission where the mayor of the city of New York has a majority of
the appointments. Each borough president's appointee shall be a resi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14515-06-9
S. 6087 2
dent 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 and [two] ONE shall be
[parents] A PARENT of a child attending a public school within the city
district, AND ONE SHALL BE A PARENT OF A CHILD WITH AN INDIVIDUALIZED
EDUCATION PROGRAM ATTENDING A PUBLIC SCHOOL WITHIN THE CITY DISTRICT.
All parent members shall be eligible to continue to serve on the city
board for two years following the conclusion of their child's attendance
at a public school within the city district. Any vacancy shall be filled
by appointment by the appropriate appointing authority within ninety
days of such vacancy. 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 reim-
bursed for the actual and necessary expenses incurred by them in the
performance of their duties.
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;
(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,
S. 6087 3
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. 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 REPEALED and a new section 2590-c is
added to read as follows:
S 2590-C. COMPOSITION OF COMMUNITY DISTRICT EDUCATION COUNCILS. 1.
(A) EACH COMMUNITY DISTRICT SHALL BE GOVERNED BY A COMMUNITY DISTRICT
EDUCATION COUNCIL TO CONSIST OF ELEVEN VOTING MEMBERS TO BE ELECTED FOR
A TERM OF TWO YEARS, SUBJECT TO THE TERMS OF SUBDIVISION TWO OF THIS
SECTION, AND TO SERVE WITHOUT COMPENSATION, AND TWO NON-VOTING MEMBERS
WHICH ARE HIGH SCHOOL STUDENTS RESIDING IN THE DISTRICT TO BE APPOINTED
BY THE SUPERINTENDENT, IN COLLABORATION WITH THE DISTRICT HIGH SCHOOL
PRINCIPALS, TO SERVE FOR A TERM OF ONE YEAR WITHOUT COMPENSATION. NO
VOTING MEMBER SHALL SERVE MORE THAN TWO TERMS. EACH SUCH COUNCIL SHALL
SELECT ONE OF ITS MEMBERS TO SERVE AS CHAIRPERSON. NOTWITHSTANDING ANY
PROVISIONS OF LAW TO THE CONTRARY, THE COMMUNITY DISTRICT EDUCATION
COUNCIL MAY APPOINT A SECRETARY, PURSUANT TO THE POLICIES OF THE CITY
BOARD, WHO SHALL PERFORM THE FOLLOWING FUNCTIONS: (1) PREPARE MEETING
NOTICES, AGENDAS AND MINUTES; (2) RECORD AND MAINTAIN ACCOUNTS OF
PROCEEDINGS AND OTHER BOARD MEETINGS; AND (3) PREPARE BRIEFING MATERIALS
AND OTHER RELATED INFORMATIONAL MATERIALS FOR SUCH MEETINGS. EACH COUN-
CIL SHALL BE RESPONSIBLE FOR THE APPOINTMENT, SUPERVISION, EVALUATION
AND DISCHARGE OF THE SECRETARY.
(B) THE NINE ELECTED VOTING MEMBERS OF EACH COMMUNITY DISTRICT EDUCA-
TION COUNCIL SHALL BE DISTRIBUTED AMONG DESIGNATED CATEGORIES AS
FOLLOWS:
(1) ONE MEMBER WHO IS, AT THE TIME OF HIS OR HER ELECTION, A PARENT
WHOSE CHILD IS ATTENDING A SCHOOL UNDER THE JURISDICTION OF THE COMMUNI-
TY DISTRICT AND WHO RECEIVES SPECIAL EDUCATION AND RELATED SERVICES
PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER;
(2) ONE MEMBER WHO IS, AT THE TIME OF HIS OR HER ELECTION, A PARENT OF
A STUDENT AT A DISTRICT SCHOOL WHO IS AN ENGLISH LANGUAGE LEARNER;
(3) ONE MEMBER WHO IS, AT THE TIME OF HIS OR HER ELECTION, A PARENT OF
A STUDENT AT A HIGH SCHOOL LOCATED WITHIN THE DISTRICT;
(4) SIX MEMBERS FROM THE GENERAL POOL OF ELIGIBLE CANDIDATES, PROVIDED
THAT ANY SUCH MEMBER MAY ALSO MEET THE CRITERIA OF ONE OR MORE OTHER
CATEGORIES IN THIS PARAGRAPH;
(5) ONLY ONE MEMBER MAY BE A PARENT OF A STUDENT WHO ATTENDS A CHARTER
SCHOOL, IF SUCH PARENT DOES NOT ALSO HAVE A CHILD WHO ATTENDS A DISTRICT
SCHOOL; AND
(6) NO SCHOOL IN A DISTRICT MAY HAVE MORE THAN ONE PARENT REPRESEN-
TATIVE ON A DISTRICT EDUCATION COUNCIL.
2. NINE VOTING MEMBERS OF THE COMMUNITY DISTRICT EDUCATION COUNCIL
SHALL BE ELECTED AT AN ELECTION CONDUCTED BY THE BOARD OF ELECTIONS IN
S. 6087 4
THE CITY OF NEW YORK TO BE HELD ON THE FIRST TUESDAY IN MAY IN THE YEAR
TWO THOUSAND TEN AND EVERY SECOND YEAR THEREAFTER, FOR A TERM COMMENCING
ON THE FIRST DAY OF JULY NEXT FOLLOWING.
3. (A) EVERY REGISTERED VOTER RESIDING IN A COMMUNITY DISTRICT, EVERY
PARENT OF A CHILD ATTENDING ANY SCHOOL UNDER THE JURISDICTION OF THE
COMMUNITY DISTRICT EDUCATION COUNCIL OF SUCH DISTRICT, AND EVERY PARENT
OF A CHILD RECEIVING SPECIAL EDUCATION AND RELATED SERVICES UNDER ARTI-
CLE EIGHTY-NINE OF THIS CHAPTER AND SUCH SERVICES ARE BEING PROVIDED
PRIMARILY WITHIN THE GEOGRAPHICAL BOUNDARIES OF SUCH COMMUNITY DISTRICT
WHO IS A RESIDENT OF THE CITY OF NEW YORK FOR AT LEAST THIRTY DAYS AND
AT LEAST EIGHTEEN YEARS OF AGE SHALL BE ELIGIBLE TO VOTE AT SUCH
ELECTION FOR THE MEMBERS OF SUCH COMMUNITY DISTRICT EDUCATION COUNCIL,
EXCEPT THAT NO PERSON MAY VOTE MORE THAN ONCE OR IN MORE THAN ONE COMMU-
NITY DISTRICT, AND NO PERSON SHALL HAVE THE RIGHT TO REGISTER OR VOTE AT
ANY COMMUNITY DISTRICT EDUCATION COUNCIL ELECTION WHO WOULD NOT BE QUAL-
IFIED TO REGISTER OR VOTE AT ANY ELECTION IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 5-106 OF THE ELECTION LAW.
(B) THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL PROVIDE FOR
THE PERSONAL AND MAIL REGISTRATION, AND CANCELLATION OF REGISTRATION, OF
PERSONS QUALIFIED BY THIS SUBDIVISION TO VOTE AS "PARENTS," IN A MANNER
DETERMINED JOINTLY BY THE BOARD OF ELECTIONS AND THE CITY BOARD. EACH
PARENT SHALL BE OFFERED THE OPPORTUNITY TO REGISTER AS A PARENT VOTER AT
THE TIME SUCH PARENT REGISTERS HIS CHILD WITH THE SCHOOL AND AT SUCH
OTHER TIMES AS THE BOARD OF ELECTIONS DEEMS NECESSARY TO ACHIEVE THE
REGISTRATION OF THE MAXIMUM NUMBER OF PARENTS POSSIBLE. THE REGISTRATION
PROCESS SHALL PROVIDE A PROCEDURE FOR DETERMINING WHEN SUCH PARENTS
SHALL CEASE TO BE ELIGIBLE TO VOTE AS PARENT VOTERS BECAUSE THEIR CHILD
NO LONGER ATTENDS A SCHOOL UNDER THE JURISDICTION OF THE COMMUNITY
DISTRICT EDUCATION COUNCIL.
(C) IN JANUARY NEXT PRECEDING EACH COMMUNITY DISTRICT EDUCATION COUN-
CIL ELECTION, THE CITY BOARD SHALL PROVIDE WRITTEN NOTICE TO EVERY
PARENT OF A CHILD ATTENDING SCHOOL UNDER THE JURISDICTION OF EVERY
COMMUNITY DISTRICT EDUCATION COUNCIL OF SUCH PARENT'S RIGHT TO VOTE IN
THE COMMUNITY DISTRICT EDUCATION COUNCIL ELECTION, THE METHOD AND TIME
BY WHICH A PARENT MAY REGISTER TO VOTE, AND A FORM BY WHICH SUCH PARENT
MAY REGISTER BY MAIL.
(D) THE BOARD OF ELECTIONS SHALL CERTIFY QUALIFIED REGISTRATIONS
PURSUANT TO THE CERTIFICATION PROCEDURES AGREED TO BY THE BOARD OF
ELECTIONS AND THE CITY BOARD. THE BOARD OF ELECTIONS SHALL CERTIFY ALL
QUALIFIED REGISTRATIONS AND TRANSMIT NOTICE OF SUCH CERTIFICATION TO THE
CITY BOARD PROMPTLY.
4. (A) EVERY REGISTERED VOTER RESIDING IN A COMMUNITY DISTRICT AND
EVERY PARENT OF A CHILD ATTENDING ANY SCHOOL UNDER THE JURISDICTION OF
THE COMMUNITY DISTRICT EDUCATION COUNCIL OF SUCH DISTRICT WHO IS A RESI-
DENT OF THE CITY OF NEW YORK FOR AT LEAST NINETY DAYS PRIOR TO THE DATE
OF THE ELECTION, AND AT LEAST EIGHTEEN YEARS OF AGE SHALL BE ELIGIBLE
FOR MEMBERSHIP ON SUCH COMMUNITY DISTRICT EDUCATION COUNCIL, PROVIDED
THAT SUCH PERSON NOT BE DISQUALIFIED FROM REGISTERING FOR OR VOTING AT
AN ELECTION UNDER THE PROVISIONS OF SECTION 5-106 OF THE ELECTION LAW OR
INELIGIBLE TO SERVE, UNDER THE PROVISIONS OF PARAGRAPH (B) OF THIS
SUBDIVISION. NO PERSON MAY SERVE ON MORE THAN ONE COMMUNITY DISTRICT
EDUCATION COUNCIL OR ON BOTH A COMMUNITY DISTRICT EDUCATION COUNCIL AND
THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION OR THE CITY-WIDE COUNCIL ON
HIGH SCHOOLS. A MEMBER OF A COMMUNITY DISTRICT EDUCATION COUNCIL SHALL
BE INELIGIBLE TO BE EMPLOYED BY THE COMMUNITY DISTRICT EDUCATION COUNCIL
OF WHICH HE OR SHE IS A MEMBER, ANY OTHER COMMUNITY DISTRICT EDUCATION
S. 6087 5
COUNCIL, THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION, THE CITY-WIDE COUN-
CIL ON HIGH SCHOOLS OR THE CITY BOARD. NO PERSON SHALL BE ELIGIBLE FOR
MEMBERSHIP ON A COMMUNITY DISTRICT EDUCATION COUNCIL 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. AN
OFFICER OF A PARENTS' ASSOCIATION SHALL BE ELIGIBLE FOR MEMBERSHIP ON A
COMMUNITY DISTRICT EDUCATION COUNCIL PROVIDED THAT HE OR SHE RESIGN SUCH
PARENTS' ASSOCIATION POSITION UPON ELECTION TO THE COUNCIL.
(B) A PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR HAS BEEN REMOVED
FROM A COMMUNITY SCHOOL BOARD, COMMUNITY DISTRICT EDUCATION COUNCIL, OR
THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION OR THE CITY-WIDE COUNCIL ON
HIGH SCHOOLS FOR ANY OF THE FOLLOWING SHALL BE PERMANENTLY INELIGIBLE
FOR APPOINTMENT OR ELECTION TO ANY COMMUNITY DISTRICT EDUCATION COUNCIL:
(1) AN ACT OF MALFEASANCE DIRECTLY RELATED TO HIS OR HER SERVICE ON
SUCH CITY-WIDE COUNCIL, COMMUNITY SCHOOL BOARD OR COMMUNITY DISTRICT
EDUCATION COUNCIL; OR
(2) CONVICTION OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED TO HIS OR
HER SERVICE UPON SUCH CITY-WIDE COUNCIL, COMMUNITY SCHOOL BOARD OR
COMMUNITY DISTRICT EDUCATION COUNCIL.
(C) A PERSON MAY BE ELIGIBLE AND MAY BE NOMINATED AS A MEMBER IN ONE
OR MORE CATEGORIES BUT MAY ONLY BE PERMITTED TO SERVE AS A REPRESEN-
TATIVE OF ONE SUCH CATEGORY.
5. EACH REGISTERED VOTER SHALL VOTE AT SUCH POLLING PLACE WITHIN HIS
OR HER COMMUNITY DISTRICT AS SHALL BE DESIGNATED BY THE BOARD OF
ELECTIONS IN THE CITY OF NEW YORK OR MAY VOTE AS A REGISTERED PARENT
VOTER, BUT NOT BOTH. EACH PERSON VOTING AS A REGISTERED PARENT SHALL
VOTE AT SUCH POLLING PLACE WITHIN THE COMMUNITY DISTRICT IN WHICH HIS OR
HER CHILD IS ATTENDING SCHOOL AS SHALL BE DESIGNATED BY THE BOARD OF
ELECTIONS IN THE CITY OF NEW YORK. IN THE EVENT A PARENT HAS CHILDREN
ATTENDING SCHOOL IN DIFFERENT COMMUNITY DISTRICTS, THE PARENT MAY VOTE
AT EITHER POLLING PLACE DESIGNATED FOR EACH OF THE COMMUNITY DISTRICTS
BY THE BOARD OF ELECTIONS, BUT NOT BOTH. THE POLLS OF SUCH ELECTIONS
SHALL BE OPEN BETWEEN THE HOURS OF SIX O'CLOCK IN THE FORENOON AND NINE
O'CLOCK IN THE EVENING ON THE DAYS OF ELECTIONS.
6. (A) THE PROVISIONS OF THE ELECTION LAW WITH RESPECT TO REGISTRATION
OF VOTERS, NOMINATION OF CANDIDATES, DECLINATION OF NOMINATIONS, FILLING
OF VACANCIES IN NOMINATIONS, NOTICES TO CANDIDATES, OBJECTIONS TO
PETITIONS, RULINGS THEREON, JUDICIAL PROCEEDINGS, CAMPAIGN RECEIPTS AND
EXPENDITURES, CONDUCT OF THE ELECTION, INCLUDING THE USE OF VOTING
MACHINES, COUNTING AND CANVASSING OF VOTES, AND ALL OTHER MATTERS SO FAR
AS APPLICABLE SHALL GOVERN THE ELECTION OF COMMUNITY DISTRICT EDUCATION
COUNCIL MEMBERS; PROVIDED, HOWEVER, THAT: (1) CANDIDATES FOR COMMUNITY
DISTRICT EDUCATION COUNCIL MEMBER SHALL BE NOMINATED BY PETITIONS IN
ACCORDANCE WITH REGULATIONS, NOT INCONSISTENT WITH THE PROVISIONS OF
THIS ARTICLE, PROMULGATED BY THE BOARD OF ELECTIONS IN THE CITY OF NEW
YORK. SUCH PETITIONS SHALL BE FILED WITH THE BOARD OF ELECTIONS AT LEAST
FOUR WEEKS BEFORE THE ELECTION;
(2) NOMINATING PETITIONS SHALL BE SIGNED BY NOT FEWER THAN TWO HUNDRED
REGISTERED VOTERS RESIDING IN SUCH COMMUNITY DISTRICT, OR PERSONS ELIGI-
BLE TO VOTE AS REGISTERED PARENTS IN SUCH COMMUNITY DISTRICT;
(3) EACH CANDIDATE SHALL BE NOMINATED BY A SEPARATE PETITION AND NO
ELECTOR SHALL SIGN MORE THAN ONE SUCH PETITION. SHOULD AN ELECTOR SIGN
MORE THAN ONE SUCH PETITION, HIS OR HER SIGNATURE SHALL BE VOID EXCEPT
UPON THE PETITION FIRST SIGNED;
S. 6087 6
(4) NO CANDIDATE SHALL BE IDENTIFIED BY POLITICAL PARTY OR OTHER
ORGANIZATIONAL AFFILIATION ON THE NOMINATING PETITIONS OR THE BALLOT;
(5) EACH CANDIDATE'S NOMINATING PETITION SHALL IDENTIFY WHICH CATEGORY
OF COMMUNITY DISTRICT EDUCATION COUNCIL MEMBERSHIP HE OR SHE IS SEEKING;
(6) CERTIFICATION OF ACCEPTANCE OR DECLINATION ARE NOT REQUIRED TO BE
ACKNOWLEDGED; AND
(7) THE ORDER OF THE NAMES OF CANDIDATES ON THE BALLOT SHALL BE DETER-
MINED IN THE SAME MANNER AS THE ORDER OF NAMES OF CANDIDATES IN A PRIMA-
RY ELECTION. THE CATEGORIES SHALL BE LISTED WITH THE GENERAL CATEGORY
FIRST, THEN THE REMAINING CATEGORIES IN ALPHABETICAL ORDER I.E. (A)
GENERAL REPRESENTATIVE; (B) ENGLISH LANGUAGE LEARNERS REPRESENTATIVE;
(C) HIGH SCHOOL REPRESENTATIVE; AND (D) SPECIAL EDUCATION REPRESEN-
TATIVE.
(B) NOTWITHSTANDING THE PROVISIONS OF SECTION 14-102 OF THE ELECTION
LAW TO THE CONTRARY, ALL RECEIPTS AND CONTRIBUTIONS RECEIVED BY A CANDI-
DATE FOR COMMUNITY DISTRICT EDUCATION COUNCIL OR A POLITICAL COMMITTEE
ON BEHALF OF A CANDIDATE FOR COMMUNITY DISTRICT EDUCATION COUNCIL FROM
ANY ONE CONTRIBUTOR MUST BE SPECIFICALLY ACCOUNTED FOR BY SEPARATE ITEMS
IN SUCH CANDIDATE'S OR COMMITTEE'S FINANCIAL DISCLOSURE STATEMENT.
(C) AT EACH ELECTION, ANY CANDIDATE FOR COMMUNITY DISTRICT EDUCATION
COUNCIL MEMBER SHALL BE ENTITLED TO EXERCISE ALL THE RIGHTS GRANTED BY
SECTION 8-500 OF THE ELECTION LAW TO A POLITICAL PARTY OR INDEPENDENT
BODY IN REGARD TO THE APPOINTMENT OF WATCHERS AND CHALLENGERS FOR THE
POLLS.
(D) ANY PUBLIC HEARING HELD BY THE BOARD OF ELECTIONS OR THE CITY
BOARD WITH RESPECT TO THE COMMUNITY SCHOOL BOARD ELECTIONS OR TO CANDI-
DATES FOR COMMUNITY DISTRICT EDUCATION COUNCILS MUST BE STENOGRAPHICALLY
TRANSCRIBED OR RECORDED IN ANOTHER MANNER AND SUCH TRANSCRIPTS OR WRIT-
TEN RECORDS OF SUCH RECORDINGS MUST BE MADE AVAILABLE FOR PUBLIC
INSPECTION AT THE OFFICES OF THE CITY BOARD AND THE BOARD OF ELECTIONS.
(E) ANY DECISION RENDERED BY THE BOARD OF ELECTIONS OR THE CITY BOARD
WITH RESPECT TO CANDIDATES FOR COMMUNITY DISTRICT EDUCATION COUNCILS
MUST BE WRITTEN AND MADE AVAILABLE FOR PUBLIC INSPECTION WITHIN SEVEN
DAYS OF ITS ISSUANCE AT THE OFFICES OF THE CITY BOARD AND THE BOARD OF
ELECTIONS. SUCH WRITTEN DECISION SHALL INCLUDE THE FACTUAL AND LEGAL
BASIS FOR ITS ISSUANCE AND A RECORD OF THE VOTE OF EACH BOARD MEMBER OR
COMMISSIONER OF ELECTIONS WHO PARTICIPATED IN THE DECISION.
7. THE MEMBERS OF EACH COMMUNITY DISTRICT EDUCATION COUNCIL SHALL BE
ELECTED BY PROPORTIONAL REPRESENTATION IN ACCORDANCE WITH THE FOLLOWING
RULES:
(A) PAPER BALLOTS. COMMUNITY DISTRICT EDUCATION COUNCIL MEMBERS SHALL
BE VOTED FOR, IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED IN PARAGRAPH
(C) OF THIS SUBDIVISION, ON PAPER BALLOTS ON WHICH THE CANDIDATES ARE
LISTED BY NAME AND BY CATEGORY ONLY. THE BALLOTS SHALL CONFORM TO THE
PROVISIONS OF THE ELECTION LAW FOR PAPER BALLOTS, SO FAR AS APPLICABLE,
EXCEPT AS TO SIZE AND AS HEREINAFTER PROVIDED. THE BALLOTS SHALL CONTAIN
A SQUARE FOR VOTING BEFORE EACH CANDIDATE'S NAME.
(B) ORDER OF NAMES ON BALLOT. THE NAMES OF THE CANDIDATES SHALL BE
PRINTED IN THE ALPHABETICAL ORDER OF THEIR SURNAMES, EXCEPT THAT THEY
SHALL BE ROTATED BY POLLING PLACES BY TRANSPOSING THE FIRST NAMED CANDI-
DATE TO THE BOTTOM OF THE ORDER AT EACH SUCCEEDING POLLING PLACE; SO
THAT EACH NAME SHALL APPEAR FIRST AND IN EACH OTHER POSITION IN AN EQUAL
NUMBER, AS NEARLY AS POSSIBLE, OF THE POLLING PLACES.
(C) INSTRUCTIONS TO VOTERS. THE INSTRUCTIONS TO VOTERS SHALL READ AS
FOLLOWS:
INSTRUCTIONS
S. 6087 7
MARK YOUR CHOICES WITH X MARKS.
PUT AN X MARK IN THE SQUARE OPPOSITE THE NAME OF YOUR SIX CHOICE(S)
FOR GENERAL REPRESENTATIVE.
PUT AN X MARK IN THE SQUARE OPPOSITE THE NAME OF YOUR CHOICE FOR
ENGLISH LANGUAGE LEARNERS REPRESENTATIVE.
PUT AN X MARK IN THE SQUARE OPPOSITE THE NAME OF YOUR CHOICE FOR HIGH
SCHOOL REPRESENTATIVE.
PUT AN X MARK IN THE SQUARE OPPOSITE THE NAME OF YOUR CHOICE FOR
SPECIAL EDUCATION REPRESENTATIVE.
TO VOTE FOR A PERSON IN THE GENERAL REPRESENTATIVE CATEGORY WHOSE NAME
IS NOT PRINTED ON THIS BALLOT, WRITE HIS OR HER NAME ON A BLANK LINE
UNDER THE NAMES OF THE CANDIDATES.
IF YOU TEAR OR DEFACE OR WRONGLY MARK THIS BALLOT, DRAW LINES ACROSS
ITS FACE TO PREVENT ITS BEING USED, RETURN IT AND OBTAIN ANOTHER.
(D) CENTRAL COUNT. PRIOR TO EVERY ELECTION AT WHICH COMMUNITY DISTRICT
EDUCATION COUNCIL MEMBERS ARE TO BE ELECTED, THE BOARD OF ELECTIONS
SHALL DESIGNATE A CENTRAL COUNTING PLACE FOR EACH COMMUNITY DISTRICT
WHERE THE BALLOTS SHALL BE BROUGHT TOGETHER AND COUNTED PUBLICLY; SHALL
APPOINT FOR EACH CENTRAL COUNTING PLACE A BOARD OF TWO COMPETENT
PERSONS, TO ACT AS DIRECTORS OF THE COUNT FOR SUCH COUNTING PLACE; SHALL
EMPLOY A SUFFICIENT STAFF OF ASSISTANTS FOR EACH COUNTING PLACE, AND
SHALL MAKE SUITABLE ARRANGEMENTS FOR THE COUNTING AND RECORDING OF THE
BALLOTS, SUBJECT TO THE PROVISIONS OF THIS ARTICLE. IF THE BOARD OF
ELECTIONS AND THE CITY BOARD DETERMINE IT TO BE FEASIBLE AND DESIRABLE,
THE BOARD OF ELECTIONS MAY PROVIDE FOR THE COUNTING OF THE BALLOTS BY
ANY COMBINATION OF ELECTRONIC, MECHANICAL OR OTHER DEVICES TO CARRY OUT
THE PROVISIONS OF THIS SECTION. THE BOARD OF ELECTIONS SHALL PREPARE AND
PROVIDE ALL NECESSARY FORMS AND EQUIPMENT.
(E) ASSEMBLING BALLOTS. AS SOON AS THE POLLS HAVE CLOSED, THE ELECTION
OFFICIALS ASSIGNED BY THE BOARD OF ELECTIONS AT EACH POLLING PLACE SHALL
SEAL THE BALLOT BOXES WITHOUT OPENING THEM AND SHALL SEND THEM AT ONCE,
AS THE BOARD OF ELECTIONS MAY DIRECT, TO THE CENTRAL COUNTING PLACE FOR
THE DISTRICT WITH A RECORD OF THE NUMBER OF BALLOTS FOR COMMUNITY
DISTRICT EDUCATION COUNCIL MEMBER WHICH HAVE BEEN VOTED IN THEIR POLLING
PLACE.
(F) CHECKING NUMBER OF BALLOTS. AT THE CENTRAL COUNTING PLACE THE
NUMBER OF BALLOTS FOR COMMUNITY DISTRICT EDUCATION COUNCIL MEMBER FOUND
IN EACH BALLOT BOX SHALL BE RECORDED AND COMPARED WITH THE RECORD SENT
FROM THE CORRESPONDING POLLING PLACE. THE RECORDS THUS COMPARED SHALL
BE MADE AVAILABLE TO THE PUBLIC WITH NOTATIONS EXPLAINING ANY
CORRECTIONS OR CHANGES MADE THEREIN. DISCREPANCIES WHICH CANNOT BE
RECONCILED SHALL BE SHOWN ON THE RECORD. ALL BALLOTS FOUND IN THE
BALLOT BOXES WHICH BEAR NO EVIDENCE OF HAVING BEEN IMPROPERLY CAST SHALL
BE ACCEPTED.
(G) SORTING OF BALLOTS. BALLOTS SHALL BE SORTED BY POLLING PLACES IN
AN ORDER DETERMINED BY LOT.
(H) RULES FOR VALIDITY. IF A BALLOT DOES NOT CLEARLY SHOW WHICH CANDI-
DATES THE VOTER PREFERS TO ALL OTHERS IN EACH CATEGORY OR IF IT CONTAINS
THE SIGNATURE OF THE VOTER, IT SHALL BE HELD AS INVALID. EVERY BALLOT
NOT THUS INVALID SHALL BE COUNTED ACCORDING TO THE INTENT OF THE VOTER
SO FAR AS THAT CAN BE CLEARLY ASCERTAINED, WHETHER MARKED ACCORDING TO
THE INSTRUCTIONS PRINTED ON IT OR NOT. NO BALLOT SHALL BE HELD INVALID
BECAUSE IT IS MARKED IN INK OR PENCIL DIFFERENT FROM THE ONE SUPPLIED AT
THE POLLING PLACE, OR BECAUSE THE NAMES OF CANDIDATES THEREON HAVE BEEN
STRICKEN OUT BY THE VOTER.
S. 6087 8
(I) COUNT OF CHOICES. AT THE BEGINNING OF THE COUNT FOR EACH DISTRICT
THE BALLOTS SHALL BE SORTED AND COUNTED ACCORDING TO THE CHOICES MARKED
ON THEM. THE BALLOTS SHALL BE SO CREDITED TO THE CANDIDATES OF THEIR
CHOICE IN EACH CATEGORY IN THE ORDER OF POLLING PLACES CHOSEN BY LOT AS
SPECIFIED IN PARAGRAPH (G) OF THIS SUBDIVISION. THE NUMBER OF VALID
BALLOTS CAST FOR EACH CANDIDATE IN EACH CATEGORY IN EACH POLLING PLACE
AND THE TOTAL NUMBER OF VALID BALLOTS FOR EACH CANDIDATE AND FOR ALL
CANDIDATES IN EACH CATEGORY SHALL BE DETERMINED AND RECORDED.
(J) TIES. ANY TIE IN ANY CATEGORY SHALL BE DECIDED BY LOT, PROVIDED,
HOWEVER, THAT IF ONE OF THE CANDIDATES TIED WITH ONE OTHER PERSON HAS
BEEN ELECTED IN ANOTHER CATEGORY, THE TIE SHALL BE DECIDED IN FAVOR OF
THE OTHER CANDIDATE.
(K) CORRECTION OF ERRORS. IF AT ANY TIME AFTER THE FIRST SORTING OF
THE BALLOTS A BALLOT IS FOUND TO HAVE BEEN MISPLACED, IT SHALL BE CRED-
ITED TO THE CANDIDATES WHO SHOULD HAVE BEEN CREDITED WITH IT.
(L) INELIGIBLE CANDIDATES. IF A CANDIDATE DIES OR IS OFFICIALLY DETER-
MINED TO BE INELIGIBLE BEFORE THE COUNTING OF THE BALLOTS IS COMPLETED,
ALL CHOICES FOR SUCH CANDIDATE SHALL BE DISREGARDED BUT ALL OTHER CHOIC-
ES ON EACH SUCH BALLOT SHALL BE HONORED IN ACCORDANCE WITH THE TERMS OF
THIS SECTION.
(M) PUBLIC ATTENDANCE AT COUNT. THE CANDIDATES, REPRESENTATIVES OF THE
PRESS AND OTHER MEDIA AND, SO FAR AS MAY BE CONSISTENT WITH GOOD ORDER
AND CONVENIENCE, THE PUBLIC SHALL BE AFFORDED EVERY FACILITY FOR BEING
PRESENT AND WITNESSING THE COUNT.
(N) SUPPLEMENTARY REGULATIONS. ADMINISTRATIVE REGULATIONS FOR THE
CONDUCT OF ELECTIONS BY PROPORTIONAL REPRESENTATION, NOT INCONSISTENT
WITH THE PROVISIONS OF THIS ARTICLE MAY BE MADE BY THE CITY BOARD AND,
SUBJECT TO ANY SUCH REGULATION, BY THE BOARD OF ELECTIONS IN THE CITY OF
NEW YORK.
8. (A) IN ADDITION TO THE CONDITIONS ENUMERATED IN THE PUBLIC OFFICERS
LAW CREATING A VACANCY, A MEMBER OF A COMMUNITY DISTRICT EDUCATION COUN-
CIL 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 THEREFOR 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 COMMUNITY DISTRICT EDUCATION COUNCIL SHALL DECLARE A VACANCY
TO THE CHANCELLOR.
(B) VACANCIES SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE COMMUNITY
DISTRICT EDUCATION COUNCIL AFTER CONSULTATION WITH THE PRESIDENTS' COUN-
CIL OR OTHER CONSULTATIVE BODY REPRESENTING PARENTS' ASSOCIATIONS AND
OTHER EDUCATIONAL GROUPS WITHIN THE DISTRICT. RECOMMENDATIONS MADE BY
SUCH PARENTS AND OTHER EDUCATIONAL GROUPS SHALL BE SUBMITTED IN WRITING
AND INCLUDED WITHIN THE RECORD OF THE MEETING AT WHICH THE VACANCY IS
FILLED.
(C) IF THE VACANCY IS NOT FILLED BY THE COMMUNITY DISTRICT EDUCATION
COUNCIL WITHIN SIXTY DAYS AFTER IT IS DECLARED DUE TO A TIE VOTE FOR
SUCH APPOINTMENT, THE CHANCELLOR SHALL VOTE WITH THE COMMUNITY DISTRICT
EDUCATION COUNCIL, TO BREAK SUCH TIE VOTE. IF THE COMMUNITY DISTRICT
EDUCATION COUNCIL HAS FAILED TO FILL THE VACANCY WITHIN SIXTY DAYS AFTER
IT IS DECLARED BECAUSE OF ANY OTHER REASON, THE CHANCELLOR SHALL ORDER
THE COMMUNITY DISTRICT EDUCATION COUNCIL TO DO SO PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-L OF THIS ARTICLE.
9. (A) EACH COMMUNITY DISTRICT EDUCATION COUNCIL SHALL PREPARE AND
SUBMIT TO THE CITY BOARD A PERFORMANCE REPORT EVERY MONTH. THE INFORMA-
TION PROVIDED SHALL INCLUDE COMMUNITY DISTRICT EDUCATION COUNCIL
S. 6087 9
MEMBERS' ATTENDANCE RECORDS; PARTICIPATION IN COMMUNITY DISTRICT EDUCA-
TION COUNCIL COMMITTEES AND OTHER COMMUNITY DISTRICT EDUCATION COUNCIL
ACTIVITIES; VISITS TO SCHOOLS; AND VOTING RECORDS ON MAJOR ISSUES BEFORE
THE COMMUNITY DISTRICT EDUCATION COUNCIL.
(B) THE CITY BOARD SHALL REVIEW AND CONSOLIDATE THE PERFORMANCE
REPORTS INTO ONE COMPREHENSIVE CITY DISTRICT-WIDE REPORT, WHICH SHALL BE
DISSEMINATED TO THE COMMUNITY AND THE MEDIA SEMIANNUALLY.
10. THE BOARD OF ELECTIONS SHALL PROVIDE AT THE LOCATIONS DESIGNATED
AS POLLING PLACES ON THE DAYS OF THE COMMUNITY BOARD ELECTIONS, SUFFI-
CIENT EMPLOYEES WHO HAVE RECEIVED FORMAL TRAINING REGARDING THE CONDUCT
OF COMMUNITY DISTRICT EDUCATION COUNCIL ELECTIONS, INCLUDING THE PROCE-
DURES APPLICABLE TO PARENT VOTERS. THE BOARD OF ELECTIONS OF THE CITY OF
NEW YORK SHALL PROVIDE POLLING PLACE EMPLOYEES WHO SPEAK OTHER LANGUAGES
AS REQUIRED BY LAW.
11. BEGINNING IN OCTOBER OF THE SCHOOL YEAR IN WHICH THE COMMUNITY
SCHOOL ELECTION WILL TAKE PLACE, AND CONTINUING UNTIL THE DATE OF
ELECTION, THE CITY BOARD SHALL ENSURE THE DISTRIBUTION OF VOTER GUIDES
TO PARENTS IN ADDITION TO INFORMATION REGARDING COMMUNITY DISTRICT
EDUCATION COUNCIL ROLES, FUNCTIONS, AND ACTIVITIES, INCLUDING UPCOMING
ELECTIONS, VOTER REGISTRATION, CANDIDATE INFORMATION, AND THE NATURE OF
THE ELECTION PROCESS TO PARENTS AND TO THE GENERAL PUBLIC THROUGH CITY-
WIDE AND LOCAL MEDIA. THE CITY BOARD AND THE BOARD OF ELECTIONS OF THE
CITY OF NEW YORK SHALL USE FOREIGN LANGUAGE AND ETHNIC NEWSPAPERS AND
TELEVISION STATIONS TO MAXIMIZE MINORITY PARTICIPATION IN THE ELECTORAL
PROCESS.
12. ONE VOTING MEMBER OF THE COMMUNITY DISTRICT EDUCATION COUNCIL
SHALL BE APPOINTED BY THE APPLICABLE BOROUGH PRESIDENT.
13. ONE VOTING MEMBER OF THE COMMUNITY DISTRICT EDUCATION COUNCIL WILL
BE SELECTED BY THE COUNCIL FROM THE RESIDENTS IN THE DISTRICT. EACH
COMMUNITY DISTRICT EDUCATION COUNCIL SHALL SUBMIT ITS PROPOSED ELECTORAL
PROCESS TO THE CITY BOARD WITHIN SIX MONTHS FOLLOWING THE EFFECTIVE DATE
OF THIS SECTION.
14. FOR THE PURPOSES OF THIS SECTION, THE TERM "PARENT OF A CHILD"
SHALL INCLUDE A LEGAL GUARDIAN OF A CHILD.
S 4. The opening paragraph of section 2590-h 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:
The office of chancellor of the city district is hereby continued.
Such chancellor shall serve at the pleasure of and be employed by the
mayor of the city of New York by contract. The length of such contract
shall not exceed by more than two years the term of office of the mayor
authorizing such contract. The chancellor shall receive a salary to be
fixed by the mayor within the budgetary allocation therefor. ANY CHAN-
CELLOR APPOINTED AFTER JULY FIRST, TWO THOUSAND NINE, AT THE TIME OF
APPOINTMENT, SHALL POSSESS THE VALID CERTIFICATION APPLICABLE TO SCHOOL
SUPERINTENDENTS PURSUANT TO PART 80 OF THE NEW YORK STATE CODES, RULES
AND REGULATIONS AND THE COMMISSIONER SHALL NOT CONSIDER ANY APPLICATIONS
FOR A WAIVER OF SUCH CERTIFICATE. He or she shall exercise all his or
her powers and duties in a manner not inconsistent with the city-wide
educational policies of the city board. The chancellor shall have the
following powers and duties as the superintendent of schools and chief
executive officer for the city district, which the chancellor shall
exercise to promote an equal educational opportunity for all students in
the schools of the city district, promote fiscal and educational equity,
S. 6087 10
increase student achievement and school performance and encourage local
school-based innovation, including the power and duty to:
S 5. Subdivisions 1 and 2 of section 306 of the education law, subdi-
vision 1 as amended by chapter 298 of the laws of 1957, are amended to
read as follows:
1. Whenever it shall be proved to his OR HER satisfaction that any
trustee, member of a board of education, clerk, collector, treasurer,
district superintendent, superintendent of schools, CHANCELLOR OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, or other school officer is
a member of an organization listed as subversive by the board of regents
pursuant to the provisions of section three thousand twenty-two of this
chapter, or has been guilty of any [wilful] WILLFUL violation or neglect
of duty under this chapter, or any other act pertaining to common
schools or other educational institution participating in state funds,
or [wilfully] WILLFULLY disobeying any decision, order, rule or regu-
lation of the regents or of the commissioner [of education], said
commissioner, after a hearing at which the school officer shall have the
right of representation by counsel, may, by an order under his OR HER
hand and seal, which order shall be recorded in his OR HER office,
remove such school officer from his OR HER office.
2. [Said] THE commissioner [of education] may also withhold from any
district or city its share of the public money of the state for [wilful-
ly] WILLFULLY disobeying any provision of law or any decision, order or
regulation as aforesaid.
S 6. 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-
S. 6087 11
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
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 6 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 6 of this section in
order that the commission may maintain an accurate and timely effective
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 legislative
law and section 70-b of the public officers law.
S 7. The education law is amended by adding a new section 2590-w to
read as follows:
S 2590-W. INSPECTOR GENERAL OF EDUCATION. 1. DEFINITIONS. FOR THE
PURPOSES OF THIS SECTION, THE FOLLOWING DEFINITIONS SHALL APPLY:
(A) "INSPECTOR GENERAL" MEANS THE INSPECTOR GENERAL OF EDUCATION
CREATED BY THIS SECTION.
(B) "ASSISTANT INSPECTOR GENERAL" MEANS AN EDUCATION ASSISTANT INSPEC-
TOR GENERAL CREATED BY THIS SECTION.
2. APPOINTMENT, COMPENSATION AND REMOVAL. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, THE GOVERNOR SHALL APPOINT THE INSPECTOR GENERAL. THE
GOVERNOR SHALL FIX THE COMPENSATION OF THE INSPECTOR GENERAL. THE
INSPECTOR GENERAL SHALL APPOINT SUCH ASSISTANT INSPECTOR GENERAL AND
OTHER PERSONS AS HE OR SHE DEEMS NECESSARY, DETERMINE THEIR DUTIES AND
FIX THEIR COMPENSATION. SUCH ASSISTANT INSPECTOR GENERAL SHALL ASSIST
THE INSPECTOR GENERAL IN CARRYING OUT THE INSPECTOR GENERAL'S DUTIES AND
RESPONSIBILITIES AS SET FORTH IN THIS SECTION AND SHALL HAVE SUCH POWERS
AS GRANTED BY THE INSPECTOR GENERAL UNDER THIS SECTION.
S. 6087 12
3. POWERS, DUTIES AND RESPONSIBILITIES. THE INSPECTOR GENERAL SHALL
INVESTIGATE THE IMPACT OF NEW YORK CITY DEPARTMENT OF EDUCATION POLICIES
AND PRACTICES ON THE EDUCATIONAL ENVIRONMENT OF NEW YORK CITY SCHOOLS.
THE INSPECTOR GENERAL SHALL NOT INVESTIGATE INDIVIDUAL ACTS OF FRAUD OR
CORRUPTION. THE INSPECTOR GENERAL SHALL HAVE THE FOLLOWING POWERS,
DUTIES AND FUNCTIONS:
(A) TO CONDUCT AND SUPERVISE INVESTIGATIONS;
(B) TO SUBPOENA WITNESSES, ADMINISTER OATHS OR AFFIRMATIONS, TAKE
TESTIMONY AND COMPEL THE PRODUCTION OF SUCH BOOKS, PAPERS, RECORDS AND
DOCUMENTS AS THE INSPECTOR GENERAL MAY DEEM TO BE RELEVANT TO AN INVES-
TIGATION UNDERTAKEN PURSUANT TO THIS SECTION;
(C) TO SUBMIT A WRITTEN REPORT, ON AN ANNUAL BASIS, TO THE GOVERNOR,
LISTING ALL ACTIVITIES UNDERTAKEN TO THE EXTENT SUCH ACTIVITIES CAN BE
DISCLOSED; AND
(D) TO RECOMMEND LEGISLATIVE AND REGULATORY CHANGES TO THE GOVERNOR.
S 8. 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. 6087 13
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 9. 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 10. This act shall take effect immediately; provided, however, that
sections one, two, three, and four 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 provided further that the amendments to section 2590-b of the educa-
tion law made by sections one and two of this act, section 2590-c of the
education law made by section three of this act, and section 2590-h of
the education law made by section four of this act, shall not affect the
repeal of such provisions and shall expire and be deemed repealed there-
with.
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