senate Bill S6366

2013-2014 Legislative Session

Creates the New York character development commission and establishes the New York character development fund; and providing for the repeal of such provisions upon expiration thereof

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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 21, 2014 referred to education

S6366 - Bill Details

See Assembly Version of this Bill:
A8595
Current Committee:
Law Section:
Education Law
Laws Affected:
Add §141, Ed L; add §99-v, St Fin L

S6366 - Bill Texts

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Creates the New York character development commission and establishes the New York character development fund; and providing for the repeal of such provisions upon expiration thereof.

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BILL NUMBER:S6366

TITLE OF BILL: An act to amend the education law, in relation to
creating the New York character development commission; to amend the
state finance law, in relation to establishing the New York character
development fund; and providing for the repeal of such provisions upon
expiration thereof

PURPOSE OR GENERAL IDEA OF BILL: To authorize a two year commission
to answer the question: How do we create the best schools that can
spark purpose and sustain passion in our students?

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the education law is amended by adding a new section 141
which will establish the commission and outline its purpose.

2. Outlines appointment of members.

3. Outlines provisions for commission staff and agency liaison and how
they will be paid.

4. Powers and duties of the commission.

5. Commission recommendations.

Section 2 of the state finance law is amended by adding a new section
99-v which establishes the New York character development fund and the
provisions thereof.

Section 3 outlines the severability clause.

JUSTIFICATION: "Character" refers to the soft and emotional skills
that are proven to produce successful leaders: grit, zest,
perseverance, curiosity, self-control, tenacity, optimism, gratitude,
and social intelligence.

One clear way to accomplish this is to teach and equip our students
with the soft and non-cognitive skills (character) for them to pursue
their passion. Unfortunately, the Common Core State Standards are
shifting our education culture to robotic classrooms based on
immediate performance instead of purpose-driven learning. The
Character Development Commission and Fund (CDCF) is a clear
counter-solution to this dangerous shift.

CDCF will accomplish the following goals to ultimately determine if
and how we can teach and measure "character" in our schools:

1. Study and research the effectiveness of building character among
K-12 public school students in new York State.

2. Study, explore, and research future measures for different
character traits.

3. Propose specific programs and a plan to allocate resources to
develop and grow character among all public school students.


4. Study, explore, and propose a plan to implement character trait
measures that may be one of the considered factors for grade
advancement.

5. Study, explore, and propose how to incorporate digital platforms
and technology to teach, measure, and analyze character.

6. Provide any other recommendations germane to character development
in schools.

PRIOR LEGISLATIVE HISTORY: New.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: Immediately and shall be deemed repealed June 30,
2016.

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

                                  6366

                            I N  S E N A T E

                            January 21, 2014
                               ___________

Introduced  by Sen. STAVISKY -- 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 creating the New  York
  character  development  commission; to amend the state finance law, in
  relation to establishing the New York character development fund;  and
  providing for the repeal of such provisions upon expiration thereof

  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 141 to
read as follows:
  S 141. NEW YORK  CHARACTER  DEVELOPMENT  COMMISSION.  1.    COMMISSION
ESTABLISHED.   (A) THERE IS HEREBY CREATED IN THE EDUCATION DEPARTMENT A
COMMISSION TO BE KNOWN AS THE "NEW YORK  CHARACTER  DEVELOPMENT  COMMIS-
SION" WHICH SHALL BE CHARGED WITH INVESTIGATING AND DETERMINING THE BEST
PRACTICES  IN  BUILDING  CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN
GRADES KINDERGARTEN THROUGH TWELVE AND FORMULATING  RECOMMENDATIONS  FOR
THE IMPLEMENTATION OF THOSE PRACTICES IN PUBLIC SCHOOLS.
  (B)  THE  COMMISSION  SHALL  BEGIN  TO  ACT FORTY-FIVE DAYS AFTER THIS
SECTION SHALL HAVE BECOME A LAW.
  2. MEMBERS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIST OF  TEN
MEMBERS  TO  BE APPOINTED AS FOLLOWS: (I) TWO MEMBERS SHALL BE APPOINTED
BY THE TEMPORARY PRESIDENT OF THE SENATE;  (II)  TWO  MEMBERS  SHALL  BE
APPOINTED  BY  THE  SPEAKER  OF  THE ASSEMBLY; (III) ONE MEMBER SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE SENATE; (IV) ONE MEMBER SHALL BE
APPOINTED BY THE MINORITY LEADER OF THE ASSEMBLY; (V) TWO MEMBERS  SHALL
BE APPOINTED BY THE GOVERNOR; AND (VI) TWO MEMBERS SHALL BE APPOINTED BY
THE  BOARD  OF  REGENTS.  THE BOARD OF REGENTS SHALL DESIGNATE THE CHAIR
FROM AMONG THE MEMBERS OF THE COMMISSION.
  (B) ONE MEMBER APPOINTED BY EACH OF THE  TEMPORARY  PRESIDENT  OF  THE
SENATE,  THE  SPEAKER  OF  THE  ASSEMBLY,  THE GOVERNOR AND THE BOARD OF
REGENTS SHALL BE AN ACADEMIC  AND  RESEARCH  EXPERT.  THE  OTHER  MEMBER
APPOINTED  BY  THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE GOVERNOR AND THE BOARD OF REGENTS SHALL BE AN EDUCATOR. AT
LEAST SEVENTY PERCENT OF THE MEMBERS OF THE COMMISSION SHALL  COME  FROM

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13487-01-4

S. 6366                             2

PUBLIC,  NON-PROFIT  OR GOVERNMENT SECTORS.   TO THE EXTENT PRACTICABLE,
THE MEMBERSHIP OF THE COMMISSION SHALL INCLUDE  ADMINISTRATORS,  FACULTY
AND  OTHER  INDIVIDUALS  COMMITTED TO ADVANCING THE EDUCATIONAL OPPORTU-
NITIES OF THE CHILDREN OF THE STATE.
  (C)  THE  LEGISLATIVE  LEADERS  AND  THE  GOVERNOR  SHALL SUBMIT THEIR
APPOINTMENTS TO THE BOARD OF REGENTS, AND THE  BOARD  OF  REGENTS  SHALL
MAKE  APPOINTMENTS,  NO  LATER  THAN  FORTY-FIVE DAYS AFTER THIS SECTION
BECOMES A LAW. VACANCIES IN THE COMMISSION SHALL BE FILLED IN  THE  SAME
MANNER AS THE MEMBER WHOSE VACANCY IS BEING FILLED WAS APPOINTED.
  (D)  THE  MEMBERS  OF THE COMMISSION SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES AS MEMBERS, BUT SHALL BE ALLOWED THEIR ACTUAL AND  NECES-
SARY  EXPENSES  INCURRED  IN THE PERFORMANCE OF THEIR DUTIES. MEMBERS OF
THE COMMISSION SHALL BE  CONSIDERED  PUBLIC  OFFICERS  FOR  PURPOSES  OF
SECTION SEVENTEEN OF THE PUBLIC OFFICERS LAW.
  3.  COMMISSION  STAFF  AND  AGENCY LIAISON. (A) THE COMMISSIONER SHALL
DESIGNATE SUCH EMPLOYEES OF THE DEPARTMENT AS ARE  REASONABLY  NECESSARY
TO PROVIDE SUPPORT SERVICES TO THE COMMISSION. THE COMMISSION, ACTING BY
THE  CHAIR  OF  THE COMMISSION, MAY EMPLOY ADDITIONAL STAFF AND CONSULT-
ANTS, WHO SHALL BE PAID FROM AMOUNTS AVAILABLE  TO  THE  COMMISSION  FOR
THAT PURPOSE.
  (B)  THE COMMISSIONER SHALL APPOINT ONE OR MORE REPRESENTATIVES OF THE
DEPARTMENT TO SERVE AS LIAISON BETWEEN SUCH DEPARTMENT AND  THE  COMMIS-
SION.   ALL STATE AGENCIES, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPO-
RATIONS SHALL PROVIDE SUCH ASSISTANCE AS MAY BE REASONABLY REQUESTED  BY
THE CHAIR OF THE COMMISSION.
  4.  POWERS AND DUTIES OF THE COMMISSION. (A) THE COMMISSION SHALL HAVE
THE POWER AND DUTY TO :
  (1) STUDY AND RESEARCH THE EFFECTIVENESS OF BUILDING  CHARACTER  AMONG
STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGARTEN THROUGH TWELVE;
  (2) STUDY, EXPLORE, AND RESEARCH FUTURE MEASURES FOR DIFFERENT CHARAC-
TER TRAITS;
  (3)  PROPOSE  SPECIFIC  PROGRAMS  AND  A PLAN TO ALLOCATE RESOURCES TO
DEVELOP AND GROW CHARACTER AMONG ALL PUBLIC SCHOOL STUDENTS;
  (4) STUDY, EXPLORE AND PROPOSE A PLAN TO IMPLEMENT THE CHARACTER TRAIT
MEASURES THAT MAY BE ONE OF THE CONSIDERED FACTORS  FOR  GRADE  ADVANCE-
MENT;
  (5)  STUDY,  EXPLORE AND PROPOSE MEASURES TO INCORPORATE DIGITAL PLAT-
FORMS;
  (6) ESTABLISH, PUBLISH AND PUBLICIZE A PROPOSAL FOR THE IMPLEMENTATION
OF A PILOT PROGRAM AND/OR A STATE-WIDE INITIATIVE CONCERNING THE  BUILD-
ING OF CHARACTER AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGAR-
TEN  THROUGH  TWELVE AND PROVIDE RECOMMENDATIONS GERMANE TO THE DEVELOP-
MENT OF SUCH PROGRAMS IN SCHOOLS;
  (7) PREPARE AND DELIVER A REPORT CONCERNING THE COMMISSION'S  FINDINGS
AND RECOMMENDATIONS AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION;
  (8)  RAISE  FUNDING FOR THE NEW YORK CHARACTER DEVELOPMENT FUND ESTAB-
LISHED BY SECTION NINETY-NINE-V OF THE STATE FINANCE LAW; AND
  (9) TAKE SUCH OTHER ACTIONS AND MEASURES AS MAY BE NECESSARY TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  (B) AS USED IN THIS  SECTION,  "CHARACTER"  REFERS  TO  THE  SOFT  AND
EMOTIONAL  SKILLS THAT ARE PROVEN TO PRODUCE SUCCESSFUL LEADERS, INCLUD-
ING, BUT NOT LIMITED TO GRIT, ZEST, PERSEVERANCE,  CURIOSITY,  SELF-CON-
TROL, TENACITY, OPTIMISM, GRATITUDE, AND SOCIAL INTELLIGENCE.
  5.  COMMISSION RECOMMENDATIONS. ON OR BEFORE JUNE THIRTIETH, TWO THOU-
SAND SIXTEEN, THE COMMISSION SHALL TRANSMIT TO THE GOVERNOR, THE  TEMPO-
RARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY

S. 6366                             3

LEADER OF THE SENATE, THE MINORITY LEADER OF THE ASSEMBLY AND THE  BOARD
OF  REGENTS  A REPORT CONCERNING ITS FINDINGS AND RECOMMENDATIONS, WHICH
SHALL INCLUDE SPECIFIC RECOMMENDATIONS FOR IMPLEMENTATION OF A  PROPOSED
PILOT PLAN OR STATE-WIDE INITIATIVE CONCERNING THE BUILDING OF CHARACTER
AMONG STATE PUBLIC SCHOOL CHILDREN IN GRADES KINDERGARTEN THROUGH TWELVE
AND  PROVIDE RECOMMENDATIONS. UPON THE TRANSMISSION OF THE REPORT TO THE
GOVERNOR AND THE LEGISLATURE THE COMMISSION SHALL BE DISSOLVED.
  S 2. The state finance law is amended by adding a new section 99-v  to
read as follows:
  S 99-V. NEW YORK CHARACTER DEVELOPMENT FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSION-
ER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK
CHARACTER DEVELOPMENT FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONIES CREDITED OR TRANSFERRED THER-
ETO FROM THE GENERAL FUND OR FROM ANY OTHER FUND OR SOURCES PURSUANT  TO
LAW.  NOTHING CONTAINED HEREIN SHALL PREVENT THE DEPARTMENT OF EDUCATION
FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE PURPOSES OF THE FUND AS
DEFINED  IN  THIS SECTION AND DEPOSITING THEM INTO THE FUND ACCORDING TO
LAW. EXCEPT AS PROVIDED IN SUBDIVISION FIVE OF THIS SECTION,  MONIES  OF
THE FUND SHALL NOT BE CO-MINGLED WITH ANY OTHER FUND.
  3.  MONIES  OF THE FUND SHALL BE EXPENDED FOR THE PURPOSES OF CARRYING
OUT THE PROVISIONS OF SECTION ONE HUNDRED  FORTY-ONE  OF  THE  EDUCATION
LAW.
  4.  MONIES  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE STATE COMPTROLLER ON VOUCHERS APPROVED AND CERTIFIED BY THE CHAIR OF
THE NEW YORK CHARACTER DEVELOPMENT COMMISSION.
  5. UPON THE DISSOLUTION OF THE NEW YORK CHARACTER DEVELOPMENT  COMMIS-
SION,  ANY  MONIES  REMAINING  IN  THE  FUND SHALL BE DEPOSITED INTO THE
GENERAL FUND PURSUANT TO THE PROVISIONS OF SECTION SEVENTY-TWO  OF  THIS
ARTICLE.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 4. This act shall take effect immediately and shall  expire  and  be
deemed repealed June 30, 2016.

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