S T A T E   O F   N E W   Y O R K
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                                  4136

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
  of A. CLARK, HOOPER, PERRY, RIVERA -- 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07600-01-3
              

A. 4136                             2

AMONGST  ITS  MEMBERS. VACANCIES IN THE MEMBERSHIP OF THE BOARD SHALL BE
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

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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.