The New York State Senate

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

                                   792

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. WEPRIN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation to the members and powers
  of  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
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; FOUR BY THE CITY COUNCIL, ONE OF WHOM
SHALL  BE A REPRESENTATIVE OF A COLLEGE OR UNIVERSITY, ONE OF WHOM SHALL
BE A MEMBER OF PARENT ORGANIZATIONS AND ONE OF WHOM SHALL BE A MEMBER OF
A COMMUNITY DISTRICT EDUCATION COUNCIL; and [eight] FOUR 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
authority  and  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 pres-
ident 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

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

                                                           LBD03936-01-3

A. 792                              2

city  and  [two]  ONE shall be [parents] A PARENT of a child 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 appro-
priate appointing authority within ninety days of such vacancy. Notwith-
standing any provision of local law, the members of the board shall  not
have  staff,  offices,  or  vehicles assigned to them or receive compen-
sation for their services, but shall be reimbursed for  the  actual  and
necessary expenses incurred by them in the performance of their duties.
  S  2. The opening paragraph of section 2590-h of the education law, as
amended by chapter 345 of the laws  of  2009,  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]  CITY  BOARD  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] CITY BOARD  authorizing  such  contract.  The  chancellor
shall  receive a salary to be fixed by the [mayor] CITY BOARD within the
budgetary allocation therefor. He or she shall exercise all his  or  her
powers and duties in a manner not inconsistent with the city-wide educa-
tional policies of the city board. The chancellor shall have the follow-
ing  powers and duties as the superintendent of schools and chief execu-
tive 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,
increase  student achievement and school performance and encourage local
school-based innovation, including the power and duty to:
  S 3. This act shall take effect immediately; provided,  however,  that
the  amendments to subdivision 1 of section 2590-b and the opening para-
graph of section 2590-h of the education law made by  sections  one  and
two  of  this act shall not affect the expiration of such provisions and
shall be deemed to expire therewith.