The New York State Senate

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

                                 2864--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 24, 2013
                               ___________

Introduced  by  Sen.  SMITH  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the education law, in relation to the governance of the
  city school system for the city of  New  York;  creating  a  temporary
  commission on public safety in the city school district of the city of
  New York; and making an appropriation therefor

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

  Section 1. The section heading of section 2590-b of the education law,
as amended by chapter 345 of the laws of 2009, is  amended  to  read  as
follows:
  Continuation  of  city board and establishment of community districts;
establishment of the city-wide councils on  special  education,  English
language learners, THE ARTS, and high schools.
  S  2.  Subdivision  7 of section 2590-b of the education law is renum-
bered subdivision 8 and a new subdivision 7 is added to read as follows:
  7. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON THE ARTS CREATED PURSUANT
TO THIS SECTION. THE CITY-WIDE COUNCIL ON  THE  ARTS  SHALL  CONSIST  OF
THIRTEEN VOTING MEMBERS AND ONE NON-VOTING MEMBER, AS FOLLOWS:
  (I)  TEN  VOTING  MEMBERS  WHO  SHALL BE PARENTS OF STUDENTS ATTENDING
PUBLIC SCHOOLS. TWO MEMBERS REPRESENTING EACH BOROUGH SHALL BE  SELECTED
BY  PRESIDENTS  AND OFFICERS OF THE PARENT-TEACHERS' ASSOCIATIONS IN THE
RELEVANT BOROUGH, PURSUANT TO A PROCESS ESTABLISHED BY  THE  CHANCELLOR.
SUCH MEMBERS SHALL SERVE A TWO YEAR TERM;
  (II)  ONE  VOTING  MEMBER  WHO  SHALL BE A PARENT OF A STUDENT WITH AN
INDIVIDUALIZED EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED BY  THE
CITY-WIDE COUNCIL ON SPECIAL EDUCATION, AND SHALL SERVE A TWO YEAR TERM;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07226-02-4

S. 2864--A                          2

  (III) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT IN A BILIN-
GUAL  OR  ENGLISH  AS  A  SECOND  LANGUAGE PROGRAM CONDUCTED IN A PUBLIC
SCHOOL. SUCH MEMBER SHALL BE  APPOINTED  BY  THE  CITY-WIDE  COUNCIL  ON
ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;
  (IV) ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
NEW  YORK,  WHO SHALL BE A RESIDENT OF THE CITY AND SHALL HAVE EXTENSIVE
BUSINESS, TRADE, OR EDUCATION EXPERIENCE AND KNOWLEDGE WHO WILL  MAKE  A
SIGNIFICANT  CONTRIBUTION  TO  IMPROVING EDUCATION IN THE CITY DISTRICT.
SUCH MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AND
  (V) ONE  NON-VOTING  MEMBER  WHO  IS  A  PUBLIC  HIGH  SCHOOL  SENIOR,
APPOINTED BY THE CHANCELLOR PURSUANT TO A PROCESS DEVELOPED BY THE CHAN-
CELLOR.  SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO
ARE  CANDIDATES  IN  THE SELECTION PROCESS ESTABLISHED BY THE CHANCELLOR
PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH
SELECTION PROCESS. THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE  IN  THE
PLACE OF EACH SUCH OFFICER FOR PURPOSES OF THE SELECTION PROCESS.
  (B) THE CITY-WIDE COUNCIL ON THE ARTS SHALL HAVE THE POWER TO:
  (I)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING THE ARTS;
  (II) ISSUE AN ANNUAL  REPORT  ON  COMPLIANCE  WITH  STATE  REGULATIONS
GOVERNING  ARTS  EDUCATION,  THE  EFFECTIVENESS  OF THE CITY DISTRICT IN
PROVIDING ARTS INSTRUCTION AND PROGRAMMING TO  PUBLIC  SCHOOL  STUDENTS,
AND  MAKING  RECOMMENDATIONS,  AS  APPROPRIATE,  ON  HOW  TO IMPROVE THE
ADEQUACY, EFFICIENCY AND DELIVERY OF SUCH SERVICES; AND
  (III) HOLD AT LEAST ONE MEETING PER  MONTH  OPEN  TO  THE  PUBLIC  AND
DURING  WHICH THE PUBLIC MAY DISCUSS ISSUES FACING THE DESIGN, IMPLEMEN-
TATION AND EFFECTIVENESS ON  ARTS  CURRICULUM  AND  PROGRAMMING  IN  THE
SCHOOLS.
  (C)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS, PURSUANT TO A PROCESS DEVELOPED BY THE CHANCEL-
LOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF  STUDENTS  ATTENDING
PUBLIC  HIGH SCHOOL; PROVIDED, HOWEVER, THAT WHERE A VACANCY OCCURS IN A
POSITION APPOINTED BY THE PUBLIC ADVOCATE,  THE  PUBLIC  ADVOCATE  SHALL
APPOINT A MEMBER TO SERVE THE REMAINDER OF THE UNEXPIRED TERM.
  S 3. Paragraph (a) of subdivision 1 of section 2590-c of the education
law,  as  amended by chapter 345 of the laws of 2009, is amended to read
as follows:
  (a) Nine voting members shall be parents whose children are  attending
a  school  under  the  jurisdiction  of  the community district, or have
attended a school under the jurisdiction of the community district with-
in the preceding two years, and shall be selected by the presidents  and
officers  of  the  parents' association or parent-teachers' association.
Such members shall serve for a term of two years, AND MAY NOT SERVE MORE
THAN TWO TERMS.   Presidents and officers of  parents'  associations  or
parent-teachers'  associations who are candidates in the selection proc-
ess pursuant to this section shall not be eligible to cast votes in such
selection process. The association shall elect a member to vote  in  the
place  of  each  such  president  or  officer  for  the  purposes of the
selection process.
  S 4. 1. A temporary state commission, to be known as the commission on
public safety in the city school district of the city of New  York,  and
hereinafter referred to as the commission, is hereby created to examine,
evaluate and make recommendations concerning the impact that the current
chancellor's regulations and New York police department policies have on

S. 2864--A                          3

student  safety,  welfare, and achievement.  Specifically the commission
shall examine at least the following:
  (a)  the  impact police and school safety officers have had on student
safety and a safe learning environment;
  (b) the methodology used to determine how many school safety and secu-
rity officers are assigned to each school;
  (c) the impact of law enforcement presence and activities  on  student
rights and emotional welfare; and
  (d) the appropriateness of the chancellor's current regulations.
  2.  The commission shall consist of twelve members, to be appointed as
follows: one member to be appointed by the New York city chancellor, one
member appointed by the New York city police commissioner, one member by
the speaker of the New York city council, one member  by  the  New  York
city public advocate, one by the collective bargaining unit representing
public  school  teachers, one appointed by the organization representing
New York city school supervisors,  one  appointed  by  the  organization
representing  police  officers  in the city of New York and each borough
president shall appoint one  parent  of  a  public  school  student  who
resides  in  the  borough. The members of the temporary state commission
established pursuant to this section shall be appointed  no  later  than
January  15,  2015 and shall convene the first meeting of the commission
no later than January 22, 2015. The commission shall elect  a  chair,  a
vice-chair and a secretary from amongst its members. Notwithstanding the
provisions  of section 74 of the public officers law, section 806 of the
general municipal law or any other provision of law, membership  on  the
commission  of  any  state  or  municipal  officer or employee shall not
constitute the violation of any code of ethics or a conflict  of  inter-
est.  The  commission  shall  meet  at  least  monthly. Vacancies in the
membership of the commission and among its officers shall be  filled  in
the manner provided for original appointments.
  3.  The  commission  may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative  commit-
tee  pursuant to the legislative law. The commission shall hold at least
one hearing in each borough of New  York  city  to  solicit  input  from
members of the public, students, and community based organizations. Such
hearings shall be publicized in such manner as to solicit maximum public
participation. The members of the commission shall select the commission
chair.
  4.  The  members  of  the commission shall receive no compensation for
their services.
  5. To the maximum extent feasible, the commission shall be entitled to
request and receive, and shall utilize and be provided with such facili-
ties, resources and data of any  department,  division,  board,  bureau,
commission  or  agency of the state or any political subdivision thereof
as it may reasonably request to properly carry out its powers and duties
pursuant to this section. The speaker of the city council shall  provide
administrative  support  as  necessary  for  the commission to carry out
powers and duties of the commission.
  6. The commission shall make a report to the chancellor  of  New  York
city  schools,  the city board, the New York city police department, the
mayor of New York city, the speaker of the New York  city  council,  the
commissioner  of  education,  and  the  chair  and ranking member of the
senate and assembly education committees of  its  findings,  conclusions
and recommendations on or before January 16, 2016, and shall submit with
such  report  such legislative proposals as it deems necessary to imple-
ment its recommendations.

S. 2864--A                          4

  7. The temporary state commission established pursuant to this section
shall expire and be terminated on the first day next succeeding the date
of the submission of its report as provided in subdivision six  of  this
section,  and  the  chairperson of the temporary commission shall notify
the  legislative  bill  drafting  commission  upon the submission of the
commission's report as provided for in subdivision six of  this  section
in  order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.
  S 5. Operation of a parent and student training center.  1. The Metro-
politan Center for Urban Education at New  York  University,  Steinhardt
School  of  Culture,  Education,  and  Human Development shall operate a
parent and student training center, known  as  the  parent  and  student
training  center  ("center")  for the support and training of parents or
persons in parental relation to a student or students  attending  public
school in the city of New York, and students attending public schools in
the city of New York. The center shall design and implement programs for
parent  and  student engagement within public schools in the city of New
York, coordinating, where appropriate, with the city school district  of
the city of New York. The center shall:
  (a)  conduct  outreach, recruitment, training and support programs for
parents and students in order to increase their capacity to  participate
in  and engage with local, district, and city-wide school governance and
participatory structures designed to support and  include  parental  and
student  input  including  but  not  limited to school leadership teams,
community education councils, district leadership teams, parent  associ-
ations,  city-wide  councils  and  other  existing formal governance and
participatory structures designed to support and  include  parental  and
student input;
  (b)  implement  programs  to enhance parents' and students' ability to
support students' educational success;
  (c) assist parents  and  students  in  interacting  with  city  school
district  personnel  and in developing an understanding of the function,
structure and operations of the city of New York  department  of  educa-
tion,  including  providing basic information concerning school improve-
ment strategies, school budget procedures and state and city  structures
and  policies  that impact education, and the effect of such strategies,
procedures, structures and policies on the education being  provided  by
the student's school; and
  (d)  ensure  successful  establishment  and  implementation of student
success centers as pilot projects  designed  to  increase  the  rate  of
college enrollment and train students to become youth leaders, including
administering subcontracts between community-based organizations and the
city  school  district for the implementation of student success centers
in public high schools, with preference being given to existing  student
success  centers,  providing  technical  assistance  to  community-based
organizations to successfully implement  student  success  centers,  and
conducting  annual evaluations of each student success center.  At least
$600,000 annually of total annual funds appropriated to the center shall
be provided in the  form  of  annual  subcontracts  to  student  success
centers.
  2.  Priority  in designing and implementing programs shall be given to
schools and districts in which there is low overall academic achievement
by students or which have a high density of  English  language  learning

S. 2864--A                          5

students or low-income families. Schools with ineffective parent associ-
ations or without parent associations shall receive target support.
  3.  Upon request by the center, the city school district shall provide
the center with the names and contact information  of  the  officers  of
parent  associations,  members of councils of presidents, members of the
chancellor's parent advisory council,  members  of  community  education
councils,  members of school leadership teams, members of district lead-
ership teams, and members of the city-wide councils.
  4. The center shall be strictly  non-partisan,  shall  not  engage  in
issues  of  advocacy, and shall remain neutral in all policy matters and
disputes.
  S  6.  The  sum  of  three  million  two  hundred   thousand   dollars
($3,200,000)  is  hereby appropriated to the parent and student training
center created pursuant to section five of this act out of any moneys in
the treasury of the city of New York in the fund set aside for the  city
school  district  of  the  city  of  New  York to the credit of the city
account not otherwise appropriated, to be paid as follows: (a)  the  sum
of  one million six hundred thousand dollars ($1,600,000) to be paid out
during the fiscal year that the center is established; and (b)  the  sum
of  one million six hundred thousand dollars ($1,600,000) to be paid out
in the fiscal year immediately following the fiscal year that the center
is established.
  S 7. This act shall take effect immediately; provided,  however,  that
the  amendments  to section 2590-b of the education law made by sections
one and two of this act, and the amendments to  section  2590-c  of  the
education  law  made  by  section three of this act shall not affect the
expiration or repeal of such provisions and shall expire and  be  deemed
repealed therewith.