NY State Senate Bill 2011-S2848

Senate Bill S2848

2011-2012 Legislative Session

Establishes a review panel for the waiver for qualifications for superintendents in cities having a population of one million or more; appropriation

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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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to finance
Feb 02, 2011	referred to finance

2011-S2848 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: Appropriations
Laws Affected:: Amd §3003, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8515
2013-2014: S3219

2011-S2848 (ACTIVE) - Summary

Establishes a review panel for the waiver for qualifications for superintendents in cities having a population of one million or more.

2011-S2848 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2848

TITLE OF BILL:
An act
to amend the education law, in relation to establishing a review panel
for the waiver for qualifications for superintendents in cities having a
population of one million or more; and making an appropriation therefor

PURPOSE OF BILL:
This bill would establish a review panel for the nomination of
superintendents in cities having a population of million or more.

SUMMARY OF SPECIFIC PROVISIONS:
Section 3003(1) subdivision 3(a) of the Education Law would be amended
to establish a review panel.

Subdivision 3(b) would be added to create a 13 member review panel.

Subdivision 3(c) establishes that no compensation will be provided to
panel except for their actual expenses incurred in the performance of
their official duties.

Subdivision 3(d) establishes that the panel shall meet at the request
of the Commissioner or the Board of Regents

Subdivision 3(e) establishes that approval by the panel shall require

an affirmative vote of the majority of the members.

Section 3003 (2) shall be added to appropriate $25,000 to the
Department of Education for the purpose of carrying out the
provisions of this act.

Section 3003(3) makes this act effect on the first of July succeeding
the date on which the act becomes law.

JUSTIFICATION:
Pursuant to existing law, the commissioner of education may issue a
superintendent's certificate to a candidate that meets certain
graduate course or teaching requirements. The current law also allows
the commissioner of education to issue this certificate to a
candidate who does not specifically meet the enumerated
qualifications. However, there is no review process for the issuance
of this certificate, which is also known as the granting of a waiver.

While such a waiver may have been good policy when school districts
were less complex, and the schools faced less intractable pedagogical
challenges, waivers are no longer justifiable. Today's
superintendents must combine the skills of a manager, with the
experience, professionalism, educational background and insight of a
professional educator.

When we fly on a plane, we want the most experienced pilot we can get.
When an emergency occurs, we want trained emergency personnel to be
the first responders. When our house is on fire, we want firefighters
with experience facing flame that will not buckle under the heat.
Moreover, we want those professionals chosen in a manner that is


fully transparent and accountable to all the people who depend upon
their skills.

It is not alarmist to say that our nation's schools are on fire.
Graduation rates are shameful, particularly among children of lower
economic means and in schools from distressed census tracts. Violence
is, sadly, epidemic. It is time we remembered that our schools
deserve that same level of care and professionalism that we require
in so many other services provided to us, and to our children, and it
is time to remember that we must choose the superintendents of our
schools in as transparent and accountable a manner as possible.

Empanelling a board to examine the credentials of a person proposed
for the New York City Schools' Chancellor's position, but needing a
waiver, is logical and the least we can do to protect the investment
we have made in the school system and our children. Such a board will
be able to ask questions about a proposed Chancellor's experience,
and in a manner designed to probe deeper than talking points,
determine whether such an individual possesses the experience, skills
and character necessary to a position such as that of the Chancellor.

The Chancellor of New York City's schools has 51 powers and duties
including promulgating minimum educational standards, curriculum
requirements, and mandatory educational objectives. The Chancellor is
also entrusted with developing a plan to establish comprehensive high
schools for New York City, analyzing the impact of proposed school
closings, and appointing teachers' aides. In sum, the Chancellor of
New York City's schools plays a vital part in making sure New York
City schools adequately prepare our 1.1 million students, to be
productive participants in today's global society.

It is important that we ensure that if a candidate does not meet the
qualifications enumerated, there is a panel to review such a
candidate to ensure the candidate's competency.

LEGISLATIVE HISTORY:
2009-10:  S.8515 - Referred to Finance

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
$25,000 Appropriated to the Department of Education.

EFFECTIVE DATE:
On the first of July next succeeding the date on which it shall have
become law, provided, however, that effective immediately, the
addition, amended and or repeal of any rules or regulations
necessary for the implementation of the foregoing section of this
act on its effective date are authorized and directed to be made
and completed on or before such effective date.

2011-S2848 (ACTIVE) - Bill Text download pdf

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

                                  2848

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 2, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the education law, in relation to establishing a  review
  panel  for the waiver for qualifications for superintendents in cities
  having a population of one million or more; and  making  an  appropri-
  ation therefor

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

  Section 1. Subdivision 3 of section 3003  of  the  education  law,  as
amended  by  chapter  149  of  the  laws  of 1974, is amended to read as
follows:
  3. A. The commissioner, at the request of  a  board  of  education  or
board  of cooperative educational services, may provide for the issuance
of a certificate as superintendent of schools to exceptionally qualified
persons who do not meet all of the graduate course or teaching  require-
ments of subdivision one of this section, but whose exceptional training
and  experience  are the substantial equivalent of such requirements and
qualify such persons for the duties  of  a  superintendent  of  schools,
PROVIDED  HOWEVER, IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE,
THE ISSUANCE OF SUCH CERTIFICATE SHALL BE SUBJECT TO THE APPROVAL OF THE
REVIEW PANEL ESTABLISHED PURSUANT TO PARAGRAPH B OF THIS SUBDIVISION.
  B. THERE IS HEREBY CREATED A REVIEW PANEL FOR THE  WAIVER  FOR  EXCEP-
TIONALLY QUALIFIED PERSONS FOR SUPERINTENDENTS. SUCH PANEL SHALL CONSIST
OF THIRTEEN VOTING MEMBERS AS FOLLOWS:
  (I) THE COMPTROLLER OF THE CITY OF NEW YORK;
  (II) THE PUBLIC ADVOCATE OF THE CITY OF NEW YORK;
  (III)  TWO  MEMBERS  TO  BE DESIGNATED BY THE MAYOR OF THE CITY OF NEW
YORK;
  (IV) ONE MEMBER TO BE DESIGNATED BY EACH  BOROUGH  PRESIDENT  OF  EACH
BOROUGH IN THE CITY OF NEW YORK;
  (V) ONE MEMBER DESIGNATED BY THE TEMPORARY PRESIDENT OF THE SENATE;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06094-01-1

S. 2848                             2

  (VI) ONE MEMBER DESIGNATED BY THE SPEAKER OF THE ASSEMBLY;
  (VII) ONE MEMBER DESIGNATED BY THE MINORITY LEADER OF THE SENATE; AND
  (VIII) ONE MEMBER DESIGNATED BY THE MINORITY LEADER OF THE ASSEMBLY.
  C.  THE  MEMBERS  SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES BUT
SHALL BE ENTITLED TO THEIR ACTUAL EXPENSES INCURRED IN  THE  PERFORMANCE
OF THEIR OFFICIAL DUTIES.
  D.  THE  PANEL  SHALL  MEET  AT THE REQUEST OF THE COMMISSIONER OR THE
BOARD OF REGENTS, AND SHALL VOTE ON WHETHER TO APPROVE SUCH WAIVER WITH-
IN THIRTY DAYS FROM THE REQUEST FROM SUCH BOARD.
  E. APPROVAL OF ANY MATTER SHALL REQUIRE  THE  AFFIRMATIVE  VOTE  OF  A
MAJORITY OF THE MEMBERS VOTING THEREON.
  S  2.    The  sum  of twenty-five thousand dollars ($25,000) is hereby
appropriated to the department of education out of  any  moneys  in  the
state  treasury  in the general fund to the credit of the state purposes
account, not otherwise appropriated, and made immediately available, for
the purpose of carrying out the provisions  of  this  act.  Such  moneys
shall be payable on the audit and warrant of the comptroller on vouchers
certified or approved by the commissioner of the department of education
in the manner prescribed by law.
  S  3.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law,  provided,  however,  that
effective  immediately,  the  addition,  amendment  and/or repeal of any
rules or regulations necessary for the implementation of  the  foregoing
section of this act on its effective date are authorized and directed to
be made and completed on or before such effective date.

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