S T A T E O F N E W Y O R K
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3944
2011-2012 Regular Sessions
I N A S S E M B L Y
January 31, 2011
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Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to establishing the
office of ombudsman for public schools
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 a new section 103-a
to read as follows:
S 103-A. OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS. 1. THE OFFICE OF
OMBUDSMAN FOR PUBLIC SCHOOLS IS HEREBY CREATED WITHIN THE DEPARTMENT TO
INDEPENDENTLY INVESTIGATE COMPLAINTS OF ENVIRONMENTAL, HEALTH AND SAFETY
VIOLATIONS AND CONCERNS IN PUBLIC SCHOOLS; AND TO PROVIDE INFORMATION TO
THE PUBLIC ON HOW TO FILE SUCH COMPLAINTS AND THE REQUIREMENTS THAT
PUBLIC SCHOOLS MUST COMPLY WITH RELATING TO ENVIRONMENTAL, HEALTH AND
SAFETY ISSUES. SUCH OFFICE SHALL ACT INDEPENDENTLY OF THE DEPARTMENT,
AND SHALL NOT BE SUBJECT TO THE CONTROL OR SUPERVISION OF THE REGENTS,
DEPARTMENT OR COMMISSIONER. THE OFFICE OF THE OMBUDSMAN SHALL BE SUBJECT
TO THE CONTROL AND SUPERVISION OF THE BOARD THEREOF.
2. THE BOARD OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL BE
COMPOSED OF NINE MEMBERS TO BE APPOINTED BY THE REGENTS. THE MEMBERS OF
SUCH BOARD SHALL EACH SERVE A TERM OF OFFICE OF FIVE YEARS; PROVIDED,
HOWEVER, THAT THE INITIAL APPOINTEES TO THE BOARD SHALL SERVE THE
FOLLOWING TERMS OF OFFICE: TWO MEMBERS SHALL SERVE TERMS OF ONE YEAR;
TWO MEMBERS SHALL SERVE TERMS OF TWO YEARS; TWO MEMBERS SHALL SERVE
TERMS OF THREE YEARS; TWO MEMBERS SHALL SERVE TERMS OF FOUR YEARS; AND
ONE MEMBER SHALL SERVE A TERM OF FIVE YEARS. THE MEMBERS OF SUCH BOARD
SHALL BE BROADLY REPRESENTATIVE OF THE GEOGRAPHIC AREAS OF THE STATE,
AND SHALL HAVE EXPRESSED AN ACTIVE INTEREST IN OR OBTAINED PROFESSIONAL
KNOWLEDGE IN ENVIRONMENTAL, HEALTH AND SAFETY CONDITIONS IN PUBLIC
SCHOOLS. THE CHAIR OF THE BOARD SHALL BE DESIGNATED BY THE BOARD FROM
AMONGST ITS MEMBERS. VACANCIES IN THE MEMBERSHIP OF THE BOARD SHALL BE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05270-01-1
A. 3944 2
FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. THE MEMBERS OF
THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
OF THEIR DUTIES PURSUANT TO THIS SECTION.
3. THE BOARD OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL HAVE
A QUORUM OF SIX MEMBERS FOR THE CONDUCT OF BUSINESS. SUCH BOARD SHALL
ALSO:
A. PROMULGATE RULES AND REGULATIONS NECESSARY TO EXERCISE THE POWERS
AND DUTIES OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS;
B. EMPLOY AND AT PLEASURE REMOVE AN EXECUTIVE DIRECTOR AND SUCH OTHER
PERSONNEL AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF SUCH OFFICE'S
FUNCTIONS, AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE
THEREFOR;
C. HOLD PUBLIC HEARINGS;
D. HAVE ALL THE POWERS OF A LEGISLATIVE COMMITTEE PURSUANT TO THE
LEGISLATIVE LAW;
E. BE ENTITLED TO REQUEST AND RECEIVE AND SHALL UTILIZE AND BE
PROVIDED WITH SUCH FACILITIES, RESOURCES AND DATA OF THE DEPARTMENT AS
IT MAY REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS AND DUTIES,
AND THOSE OF THE OFFICE;
F. BE ENTITLED TO REQUEST AND RECEIVE AND SHALL UTILIZE AND BE
PROVIDED WITH SUCH RESOURCES, DATA AND INFORMATION OF THE DEPARTMENT OF
HEALTH AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AS IT MAY
REASONABLY REQUEST TO CARRY OUT PROPERLY IT POWERS AND DUTIES, AND THOSE
OF THE OFFICE;
G. BE ENTITLED TO REQUEST AND RECEIVE AND SHALL UTILIZE AND BE
PROVIDED WITH SUCH RESOURCES, DATA AND INFORMATION BY ANY SCHOOL
DISTRICT AS IT MAY REASONABLY REQUEST TO PROPERLY CONDUCT AN INVESTI-
GATION OF A COMPLAINT PURSUANT TO THIS SECTION;
H. ESTABLISH AND OPERATE A TOLL-FREE TELEPHONE NUMBER AND AN INTERNET
WEBSITE AT WHICH INTERESTED PERSONS CAN OBTAIN INFORMATION ON HOW TO
FILE A COMPLAINT WITH THE OFFICE AND INFORMATION ON THE ENVIRONMENTAL,
HEALTH AND SAFETY REQUIREMENTS FOR PUBLIC SCHOOLS;
I. ESTABLISH AND CONDUCT A PUBLIC INFORMATION CAMPAIGN TO PROVIDE
AWARENESS OF THE POWERS AND DUTIES OF SUCH OFFICE;
J. HAVE SUBPOENA POWERS AND THE POWER TO COMPEL THE SWORN TESTIMONY OF
ANY WITNESS WHICH THE EXECUTIVE DIRECTOR DEEMS NECESSARY IN THE SCOPE OF
ANY INVESTIGATION AUTHORIZED BY THIS SECTION; AND
K. RECEIVE AND INVESTIGATE COMPLAINTS FROM ANY PERSONS RELATING TO
ENVIRONMENTAL, HEALTH AND SAFETY ISSUES IN PUBLIC SCHOOLS.
4. THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL, NOT LATER THAN
SEVEN DAYS AFTER THE RECEIPT OF A COMPLAINT, COMMENCE AN INVESTIGATION
OF SUCH COMPLAINT. NOT MORE THAN THIRTY DAYS AFTER COMMENCING AN INVES-
TIGATION, SUCH OFFICE SHALL SEND A PRELIMINARY WRITTEN REPORT OF THE
INITIAL INVESTIGATION TO THE COMPLAINANT. UPON FINAL COMPLETION OF AN
INVESTIGATION, THE OFFICE SHALL SEND A FINAL REPORT OF ITS FINDINGS TO
THE COMPLAINANT, THE SCHOOL DISTRICT, AND ANY LOCAL, STATE AND/OR FEDER-
AL AGENCY HAVING JURISDICTION OVER THE ISSUE INVESTIGATED, AND TO THE
APPROPRIATE DISTRICT ATTORNEY OR THE ATTORNEY GENERAL IF CRIMINAL
VIOLATIONS ARE ALLEGED TO HAVE OCCURRED.
5. ANNUALLY, ON OR BEFORE SEPTEMBER FIRST, THE OFFICE OF OMBUDSMAN FOR
PUBLIC SCHOOLS SHALL SUBMIT A REPORT TO THE GOVERNOR, TEMPORARY PRESI-
DENT OF THE SENATE, SPEAKER OF THE ASSEMBLY AND REGENTS, WHICH SHALL
INCLUDE THE NUMBER AND TYPES OF COMPLAINTS RECEIVED DURING THE PREVIOUS
SCHOOL YEAR, THE RESULTS OF THE INVESTIGATIONS CONDUCTED DURING THE
A. 3944 3
PREVIOUS SCHOOL YEAR, AND RECOMMENDATIONS FOR THE IMPROVEMENT OF ENVI-
RONMENTAL, HEALTH AND SAFETY CONDITIONS IN PUBLIC SCHOOLS.
S 2. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.