senate Bill S1406

2013-2014 Legislative Session

Relates to the appointment of members of the New York city school board of education

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

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S1406 - Bill Details

See Assembly Version of this Bill:
A792
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §§2590-b & 2590-h, Ed L
Versions Introduced in 2011-2012 Legislative Session:
S6915, A9955

S1406 - Bill Texts

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Relates to the appointment of members of the New York city school board of education; increases membership to thirteen and includes parent representatives, a member from a college or university and a member of a community district education council; provides that the board shall appoint the chancellor.

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BILL NUMBER:S1406

TITLE OF BILL:
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

PURPOSE:
To distribute the appointing authority of the board of education of
the city school district of New York City among each borough
president, city council, and mayor of NYC, to give parents and
education professionals a greater voice in the process, and to grant
the authority to appoint the city school district chancellor to the
board of education.

SUMMARY OF PROVISIONS:

Section 1: Amends paragraph (a) of subdivision 1 of section 2590-b of
the education law, as amended by chapter 345 of the laws of 2009, to
require that the thirteen appointed members of the NYC Board of
Education consist of the following: (1) consistent with current law,
one member to be appointed by each borough president of NYC, with
said ember being a resident of the borough and the parent of a child
attending a public school within the city school district of NYC; (2)
four appointed by the city council, one of which must be a
representative of a college or university, one of which must be a
member of a parent organization, and one of which must be a member of
a community district education counsel; and (3) four members to be
appointed by the NYC mayor. Each mayoral appointee must be a resident
of NYC and one must be a parent of a child attending a public school
within the city district.

Section 2: Amends the opening paragraph of section 2590-h of the
education law, as amended by chapter 345 of the laws of 2009, to
require that the chancellor of the city school district of NYC be
elected by the city school board. The contract length and salary of
the chancellor shall be decided by the city school board.

EXISTING LAW:
Under current law, members of the city school board of NYC are
appointed by the five borough presidents and the mayor. Those members
appointed by the borough presidents must be parents of a child
attending a public school in the NYC school district. As such, the
mayor appoints a majority of the thirteen members of the board.
Additionally, the mayor is currently responsible for appointing the
chancellor of the city school district of NYC, as well as determining
the chancellor's contract length and salary.

JUSTIFICATION:
This legislation will require that the New York City Board of
Education be comprised of individuals appointed by several entities.
This fact, coupled with the proposal that the Board appoint the city
school district chancellor, will allow the Board to operate as an
independent entity apart from the office of the NYC mayor. By


removing mayoral control over the selection of the chancellor, there
will be checks and balances and a chance for public review of
decisions made by the Board to ensure transparency and accountability.

Additionally, this bill will allow those with a vested interest in
education, such as parents of school children and those in higher
education, to be directly involved in the policy creation and
decision making of the education system.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
amendments to subdivision 1 of section 2590-b and the opening
paragraph of section 2590-h of the education law made by sections one
and two of this act shall not affect the repeal of such provisions
and shall be deemed repealed therewith.

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

                                  1406

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. MONTGOMERY, DILAN, PARKER, PERKINS -- read twice and
  ordered  printed, and when printed to be committed 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03936-01-3

S. 1406                             2

city  of  New  York.   Each mayoral appointee shall be a resident of the
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.

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