S T A T E   O F   N E W   Y O R K
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                                  4311

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2013
                               ___________

Introduced  by M. of A. BRENNAN, ROBINSON, COLTON, CRESPO, COOK, WEPRIN,
  MILLMAN -- Multi-Sponsored by -- M. of A. ABBATE,  GOTTFRIED,  JACOBS,
  MARKEY -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to reforming the board of
  education of the city school district of the city of New York

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

  Section 1.  Paragraph (a) of subdivision 1 of section  2590-b  of  the
education law, as amended by chapter 345 of the laws of 2009, is amended
and a new paragraph (a-1) is added to read as follows:
  (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 and] THE TERM OF OFFICE OF EACH MEMBER SHALL BE TWO YEARS, COMMENCING
THE FIRST DAY OF SEPTEMBER, TWO THOUSAND THIRTEEN AND  EVERY  TWO  YEARS
THEREAFTER.  NO  MEMBER  shall  [not] be employed in any capacity by the
city of New York, or a  subdivision  thereof,  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 resident  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 shall be parents of a child  attending
a  public  school within the city district.  All parent members shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08216-01-3
              

A. 4311                             2

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 FOR THE UNEXPIRED TERM 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 reimbursed  for
the actual and necessary expenses incurred by them in the performance of
their duties.  BOARD MEMBERS SHALL PERFORM EACH OF THEIR DUTIES AS BOARD
MEMBERS,  INCLUDING BUT NOT LIMITED TO THOSE IMPOSED BY THIS SECTION, IN
GOOD FAITH AND WITH THAT DEGREE OF DILIGENCE, CARE AND  SKILL  WHICH  AN
ORDINARILY  PRUDENT  PERSON  IN  LIKE  POSITION  WOULD USE UNDER SIMILAR
CIRCUMSTANCES, AND MAY TAKE INTO CONSIDERATION THE VIEWS AND POLICIES OF
ANY ELECTED OFFICIAL OR BODY, OR ANY OTHER PERSON, AND ULTIMATELY  APPLY
INDEPENDENT  JUDGMENT  IN  THE BEST INTEREST OF THE SCHOOL DISTRICT, AND
ITS MISSION. AT THE TIME THAT EACH MEMBER TAKES AND  SUBSCRIBES  HIS  OR
HER  OATH  OF OFFICE, OR WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF A
CHAPTER OF THE LAWS OF TWO THOUSAND THIRTEEN WHICH  AMENDED  THIS  PARA-
GRAPH  IF THE MEMBER HAS ALREADY TAKEN AND SUBSCRIBED HIS OR HER OATH OF
OFFICE, SUCH MEMBER SHALL EXECUTE AN ACKNOWLEDGMENT IN THE  FORM  DEVEL-
OPED  BY  THE  AUTHORITIES  BUDGET  OFFICE  PURSUANT TO PARAGRAPH (I) OF
SUBDIVISION ONE OF SECTION SIX OF THE PUBLIC AUTHORITIES LAW,  IN  WHICH
THE  BOARD  MEMBER  ACKNOWLEDGES  THAT  HE OR SHE UNDERSTANDS HIS OR HER
ROLE, AND FIDUCIARY RESPONSIBILITIES AS SET FORTH IN  THIS  SUBDIVISION,
AND  ACKNOWLEDGES  THAT HE OR SHE UNDERSTANDS HIS OR HER DUTY OF LOYALTY
AND CARE TO THE SCHOOL DISTRICT AND COMMITMENT TO THE SCHOOL  DISTRICT'S
MISSION.
  (A-1)  THE  MEMBERS TO BE APPOINTED BY THE BOROUGH PRESIDENTS SHALL BE
APPOINTED NOT LATER THAN JULY FIRST, TWO  THOUSAND  THIRTEEN  AND  THEIR
SUCCESSORS  THEREAFTER.  THE MEMBERS TO BE APPOINTED BY THE MAYOR OF THE
CITY OF NEW YORK SHALL BE APPOINTED NOT LATER  THAN  AUGUST  FIRST,  TWO
THOUSAND THIRTEEN AND THEIR SUCCESSORS THEREAFTER.
  S  2.  This  act shall take effect immediately; provided however, that
the amendments to subdivision 1 of section 2590-b of the  education  law
made  by  section  two  of  this act shall not affect the expiration and
repeal of such subdivision and shall expire and be deemed repealed ther-
ewith.