NY State Senate Bill 2015-S5659

Senate Bill S5659

2015-2016 Legislative Session

Extends expiration of current management of the city school district of the city of New York until June 30, 2020; aligns community district education council boundries with community board lines

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Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to cities
May 26, 2015	referred to cities

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2015-S5659 (ACTIVE) - Details

Current Committee:: Senate Cities
Law Section:: New York City Charter
Laws Affected:: Amd §2800, NYC Chart; amd §§2590-b, 2590-c, 2590-e & 2590-f, Ed L; amd §34, Chap 91 of 2002; amd §17, Chap 345 of 2009

2015-S5659 (ACTIVE) - Summary

Extends expiration of current management of the city school district of the city of New York until June 30, 2020; aligns community district education council boundaries with community board lines.

2015-S5659 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5659

TITLE OF BILL:

An act to amend the New York city charter and the education law, in
relation to the New York city community school district system; to
amend chapter 91 of the laws of 2002, amending the education law and
other laws relating to the reorganization of the New York city school
construction authority, board of education and community boards; and
to amend chapter 345 of the laws of 2009, amending the education law
relating to the New York city board of education, chancellor,
community councils and community superintendents, in relation to
extending the expiration and repeal date of certain provisions thereof

PURPOSE OR GENERAL IDEA OF BILL:

This legislation expands the board of education of the New York city
school district from thirteen to fifteen members by giving the public
advocate and city comptroller appointees on the board, mandates that
one of the mayoral appointees be a parent with a child in a charter
school in New York city, and gives the board members fixed two year
terms. The legislation also expands the number of community education
councils by making them coterminous with community boards, makes
changes to ensure that the community education councils are fully
staffed, and gives community boards the ability to coordinate with and
provide assistance and expertise to the community education councils.

The legislation also extends mayoral control of the New York city
community school district by five years.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision d of section 2800 of the New York city
charter by adding a new paragraph 22 that gives community boards the
power to coordinate with community education councils. This
coordination includes providing space for meetings, providing
administrative and clerical support, and helping to disseminate
information to the community.

Section two amends section 2950-b of the education law to expands the
number of members in the board of education of the city school
district from thirteen to fifteen. This is done by giving the public
advocate and the city comptroller one appointee each. The appointees
must be city residents. Members of the boards are given fixed two year
terms. One of the mayoral appointees must now be a parent of a child
attending a charter school within the city school district.

Section 2950-b is further amended by mandating that the city board
align the borders of community school districts with the lines of
community districts as established by chapter sixty-nine of the New
York city charter. This is to be done by the board's redistricting
advisory study group. The board shall make available its report on
redrawing the district lines no later. than November 1st, 2016. The
final recommendation of the board shall be adopted no later than
February 1st, 2017, and shall take effect on July 1st, 2018. No
student attending a school prior to July 1st, 2018 will be forced to
leave the school they are attending prior to that date.


Section three of the bill amends subparagraph 2 of paragraph b of
subdivision 6 of section 2950-c of the education law by giving the
borough president the power to fill vacancies due to there being no
parents on the community education council with a child who is an
English language learner or who has a child with an individualized
education program.

Section four of the bill paragraph c of subdivision 6 of section
2950-c of the education law to give the borough president the tie
breaking vote if there is a vacancy in a community education council
for more than six months due to a tie vote in the election.

Section five of the bill amends paragraph b of subdivision 8 of
section 2950c of the education law to state that the borough president
shall have the power to nominate candidates for the community
education council elections if there is a shortage of candidates
nominated.

Section six of the bill amends subdivision 8 of section 2590-e of the
education law to mandate that community education councils present
their annual school report card at the subsequent community board
meeting following the issuing of the report card.

Section seven of the bill makes a technical change to paragraph v of
subdivision 1 of section 2590-f of the education law based on making
community school districts coterminous with community board lines.

Section eight of the bill amends section 34 of chapter 91 of the laws
of 2002 amending the education law, as amended by chapter 345 of the
laws of 2009 to extend the effective date of these laws to June 30,
2020.

Section nine of the bill amends subdivision 12 of section 17 of
chapter 345 of the laws of 2009 amending the education law to set its
expiration date as the same for the laws of chapter 91 of the laws of
2002.

Section ten of the bill sets the effective date.

JUSTIFICATION:

Chapter 91 of the laws of 2002 established a system of mayoral control
over the New York city community school district which replaced the
previous system in which local school boards determined education
policy in New York city. During the first five years of mayoral
control there were complaints that the system had swung too far away
from parental participation in the schools and into the hands of a
Department of Education run by the mayor of New York city.  Chapter
345 of the laws of 2009 amended mayoral control in a number of ways
meant to increase community and parental input and involvement in the
running of city schools. Unfortunately these changes failed to go far
enough to provide for meaningful parental involvement. While parent
involvement was brought into the city board by mandating the inclusion
of two parents with children in the public schools and the powers and
responsibilities of the community education councils were expanded,
the way these changes were made has not substantially increased
parental involvement.


This legislation aims to make changes that will give parents the
greater voice and support they need.

This legislation would give members of the city board fixed two year
terms, as opposed to having them serve at the pleasure of their
appointing authority. This change is meant to allow for greaten
independent of the board - while the mayor and borough presidents
continue to have the power to make appointments, those people they
chose to appoint will have the ability to vote their conscience
regarding controversial policy changes without having to fear that
they will be removed. This legislation also increases the number of
voices being heard at the city board. The board is being expanded to
fifteen member, from the current thirteen, with the inclusion of
appointees by the public advocate and the city comptroller. These
city-wide elected offices play important roles in the governance of
the city and should have a say in education policy. In addition, over
the last decade and a half the number of parents with children in
charters schools has increased significantly and the current system of
parental involvement does not include their voices. For this reason,
the legislation mandates that in addition to two mayoral appointees
that have to be parents of children in public schools, one mayoral
appointee has to be a parent with a child in a charter school in New
York city.

The 2009 amendments to Mayoral control increased the powers and
responsibilities of the community education councils. Unfortunately,
those changes did not provide the councils with any additional support
that would allow them to utilize these new powers effectively. In
recent years many of these councils have also had problems in
attracting the participation of parents. In 2011 the elections for
community educational councils suffered from having dangerously anemic
turnout in large parts of the city. Many councils report that they
lack the resources and support to carry out their powers. This
legislation aims to fix this in three important ways.  First, it will
increase the number of community education councils, currently at 32,
to 59 by aligning community education council lines to those of
community boards. This will give more parents the chance to
participate. The legislation then empowers community boards to provide
support and coordinate activities with their concurrent community
education councils. They will be able to provide administrative and
clerical assistance, their expertise in reaching out to the community,
and space for meetings. In addition, the community education councils
will keep the community board informed on education issues, including
by providing the boards directly with the annual report card on the
condition of schools in the district.  Finally, in order to ensure
that there are enough parents participating in all the community
education councils, borough presidents are given the ability to ensure
that vacancies in the councils are filled, so that the councils can be
fully staffed at all times.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

none


EFFECTIVE DATE:

This act shall take effect immediately, provided that:

Sections one through seven shall take effect on the hundred twentieth
day after this act shall have become law; and provided that the
amendments to sections 2590-b, 2590-c, 2590-e, and section 2590-f of
the education law in the appropriate sections of the bill shall not
affect the expiration and repeal or reversion of such sections and
shall expire and be deemed repealed therewith.

2015-S5659 (ACTIVE) - Bill Text download pdf

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

                                  5659

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 26, 2015
                               ___________

Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Cities

AN ACT to amend the New York city charter  and  the  education  law,  in
  relation  to  the  New  York city community school district system; to
  amend chapter 91 of the laws of 2002, amending the education  law  and
  other  laws relating to the reorganization of the New York city school
  construction authority, board of education and community  boards;  and
  to  amend  chapter 345 of the laws of 2009, amending the education law
  relating to the New York city board of education, chancellor, communi-
  ty councils and community superintendents, in  relation  to  extending
  the expiration and repeal date of certain provisions thereof

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

  Section 1.  Paragraphs 20 and 21 of subdivision d of section  2800  of
the  New  York city charter, paragraph 20 as amended and paragraph 21 as
added by a vote of the people of the city of New  York  at  the  general
election  held  in  November 1989, are amended and a new paragraph 22 is
added to read as follows:
  (20) Within budgetary appropriations for  such  purposes,  disseminate
information  about  city  services  and  programs,  process  complaints,
requests, and inquiries of residents of the community district; [and]
  (21) Conduct substantial public outreach,  including  identifying  the
organizations  active  in  the community district, maintaining a list of
the names and mailing addresses of  such  community  organizations,  and
making  such  names  and,  with the consent of the organization, mailing
addresses available to the public upon request[.]; AND
  (22) COORDINATE WITH THE COMMUNITY EDUCATION COUNCIL,  AS  ESTABLISHED
UNDER  ARTICLE  FIFTY-TWO-A  OF  THE EDUCATION LAW, WHOSE BOUNDARIES ARE
EQUAL TO THOSE  OF  THE  COMMUNITY  DISTRICT.  THIS  COORDINATION  SHALL
INCLUDE, BUT SHALL NOT BE LIMITED TO, MAKING SPACE AVAILABLE FOR MONTHLY
MEETINGS, HELPING TO PUBLICIZE MEETINGS OF THE COMMUNITY EDUCATION COUN-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11005-03-5

S. 5659                             2

CIL,  ALLOWING COMMUNITY BOARD STAFF TO PROVIDE CLERICAL AND ADMINISTRA-
TIVE SUPPORT TO THE MEMBERS OF THE COMMUNITY EDUCATION COUNCIL,  RECEIV-
ING  REPORTS  FROM  THE  COMMUNITY EDUCATION COUNCIL INCLUDING AN ANNUAL
REPORT  CARD  ON  THE CONDITION OF SCHOOLS IN THE COMMUNITY DISTRICT AND
ANY PROPOSED OR PENDING CHANGES IN EDUCATION POLICY, AND HELPING DISSEM-
INATE INFORMATION ON EDUCATION ISSUES PREPARED BY THE  COMMUNITY  EDUCA-
TION COUNCIL TO PARENTS AND OTHER COMMUNITY ORGANIZATIONS AND MEMBERS.
  S 2. Section 2590-b of the education law, as amended by chapter 345 of
the  laws of 2009, subparagraph (i) of paragraph (a) of subdivision 5 as
amended by chapter 103 of the laws  of  2013,  is  amended  to  read  as
follows:
  S 2590-b.  Continuation  of  city board and establishment of community
districts; establishment of the city-wide councils on special education,
English language learners, and high schools. 1. (a) The board of  educa-
tion  of  the  city  school  district  of the city of New York is hereby
continued. Such board of education shall consist of  [thirteen]  FIFTEEN
appointed  members: one member to be appointed by each borough president
of the city of New York; ONE MEMBER TO BE APPOINTED BY  THE  COMPTROLLER
OF  THE CITY OF NEW YORK; ONE MEMBER TO BE APPOINTED BY THE PUBLIC ADVO-
CATE 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-offi-
cio  non-voting member of the city board. The city board shall elect its
own chairperson from among its voting members.  All  [thirteen]  FIFTEEN
appointed members shall serve [at the pleasure of the appointing author-
ity]  FOR  A  FIXED  TERM  OF TWO YEARS 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  appoint-
ments.  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.  THE APPOINTEES
FROM THE COMPTROLLER AND THE PUBLIC ADVOCATE SHALL BE RESIDENTS  OF  THE
CITY.  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;  AND  ONE  SHALL  BE  A  PARENT OF A CHILD ATTENDING A CHARTER
SCHOOL CHARTERED PURSUANT TO ARTICLE FIFTY-SIX OF  THIS  CHAPTER  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 OR CHARTER SCHOOL within the city
district. Any vacancy shall be filled 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.
  (b)  The city board shall hold at least one regular public meeting per
month. At least one regular public meeting shall be held in each borough
of the city of New York per year; any additional meetings may be  called
at  the request of the chairperson. The city board shall consider appro-
priate public accommodations when selecting a venue so  as  to  maximize
participation by parents and the community.
  (c)  (i) Notice of the time, place and agenda for all city board regu-
lar public meetings shall be publicly provided, including via  the  city
board's  official  internet web site, and specifically circulated to all

S. 5659                             3

community superintendents, community district education councils, commu-
nity boards, and school based management teams, at  least  ten  business
days in advance of such meeting.
  (ii)  A city board regular public meeting agenda shall be comprised of
a list and brief description of the  subject  matter  being  considered,
identification  of all items subject to a city board vote, and the name,
office, address, email address and telephone number of a  city  district
representative,  knowledgeable  on the agenda, from whom any information
may be obtained and to whom written comments may be submitted concerning
items on such agenda.
  (d) The chairperson of the city board shall ensure that at every regu-
lar public meeting there is a sufficient period of  time  to  allow  for
public comment on any topic on the agenda prior to any city board vote.
  (e)  Minutes  of  all city board regular public meetings shall be made
publicly available, including via the  city  board's  official  internet
website,  in  a  timely  manner but no later than the subsequent regular
city board meeting.
  2. (a) There shall be a community council for each community  district
created pursuant to this article.
  [(b)  The  city  board shall define, adjust, alter, maintain and adopt
the boundaries of the community districts pursuant to  this  chapter  no
later  than February first, nineteen hundred ninety-five. There shall be
no less than thirty nor more than thirty-seven community districts.
  (c) The city board may readjust or alter the districts  in  such  plan
only  once  in  every  ten  years, commencing with the year two thousand
four. The city board in conjunction with the chancellor and the communi-
ty council representatives, shall prepare and  make  public  a  plan  to
ensure the smooth transition of pupils and school personnel, creation of
new  boards, and allocation of school facilities and resources among the
districts established pursuant to paragraph  (b)  of  this  subdivision.
Prior  to the adoption of the transition plan, the city board shall hold
one or more public hearings in each borough. The city board  shall  make
the transition plan available not less than three weeks before the first
such  public  hearing.  Upon  receipt  of  comments,  the city board, in
conjunction with the chancellor  and  the  community  council  represen-
tatives,  shall prepare a revised transition plan, if necessary and make
such plan available to the public for comment.
  3. (a)] (B) The redistricting advisory study group  established  prior
to  the  effective  date  of this paragraph for the purpose of study and
making recommendations on community school district boundaries, is here-
by continued and shall MAKE RECOMMENDATIONS ON ALIGNING COMMUNITY SCHOOL
DISTRICT BOUNDARIES TO THE BOUNDARIES OF COMMUNITY DISTRICTS AS  CREATED
BY  CHAPTER  SIXTY-NINE  OF  THE  NEW  YORK CITY CHARTER AND perform the
duties required herein.
  [(b) The study group shall prepare a report containing recommendations
for  dividing  the  city  into  no  more  than  thirty-seven   community
districts.]
  (c)  In  preparation of its recommendations for dividing the city into
community districts, the study group shall ensure that  the  recommenda-
tions  provide  for  the most effective delivery of educational services
and shall be guided by the following criteria:
  (1) [each community district shall: (i) be a suitable size  for  effi-
cient  policy-making  and economic management; (ii) contain a reasonable
number of pupils; (iii) be  compact  and  contiguous,  contained  within
county  lines,  and to the maximum extent possible, keep intact communi-
ties and  neighborhoods;  and  (iv)  bear  a  rational  relationship  to

S. 5659                             4

geographic  areas  for  which  the  city  of New York plans and provides
services;
  (2) to the extent possible, keep existing lines intact;
  (3)]  the  common  and  special education needs of the communities and
school children involved;
  [(4)] (2) effective utilization of existing and planned school facili-
ties;
  [(5)] (3)  minimum  disruption  of  existing  and  planned  elementary
school-junior high/middle school-high school feeder patterns;
  [(6)] (4) transportation facilities; AND
  [(7)]  (5) additional administrative costs involved in the creation of
such new districts[; and
  (8) ensure fair and effective representation of  racial  and  language
groups pursuant to the Voting Rights Act of 1965, as amended;
  (9)  notwithstanding  the provisions of this subparagraph and subpara-
graphs one through eight of this paragraph: (i)  the  residents  of  the
county  of  New  York  in school district ten as it existed prior to the
implementation of this paragraph shall  continue  to  remain  in  school
district  ten  as  such  district  is  comprised; (ii) the boundaries of
community district thirty-one shall  continue  to  remain  as  they  are
currently  comprised;  and  (iii)  no  county shall have fewer community
school districts than in existence on the effective date of  this  para-
graph].
  (d)  The  study  group  shall hold one or more public hearings in each
borough before final adoption of its recommendations.  The  study  group
shall  make  its  recommendations available to the public for inspection
and comment not less than one month before the first such  public  hear-
ing.  Following its consideration of the comments received on the recom-
mendations, the study group shall prepare a report containing its  final
recommendations.  The  study  group  shall submit its report to the city
board and make such report available to the  public  for  inspection  no
later  than  November first, [nineteen hundred ninety-four] TWO THOUSAND
SIXTEEN.
  (e) The city board of education shall hold  public  hearings  in  each
borough  on  the  recommendations  submitted  by the study group and may
adopt, revise or reject in whole or in part  such  recommendations,  or,
may  request  the  study  group  to submit adjusted recommendations. The
final recommendations shall be adopted by the city board of education no
later than February first, [nineteen hundred ninety-five]  TWO  THOUSAND
SEVENTEEN  to  take  effect  July  first,  [nineteen hundred ninety-six,
provided that such revised boundaries adopted by the city board pursuant
to this chapter shall be used for purposes  of  community  school  board
elections to be held on the first Tuesday in May, nineteen hundred nine-
ty-six] TWO THOUSAND EIGHTEEN.
  (f)  [Provided,  however,  that  the city board may make minor adjust-
ments, (i) to correct errors  that  may  occur  in  the  district  lines
adopted  by  the  city  board,  or (ii) upon showing a change in circum-
stances. Any such limited revisions to community school  district  lines
may  occur  between  the  effective  date of this paragraph and the city
board readjustment scheduled in the year two thousand four.
  (g)] No public hearings required pursuant to this subdivision shall be
held during the months of July and August. All public hearings shall  be
held  at  a  time  and place designated to maximize community and parent
participation. Notice of all such public hearings shall be provided in a
timely manner to all print and electronic  media  and  shall  be  widely
distributed  to  all interested parties, so as to maximize participation

S. 5659                             5

by parents and the community. In addition such notice shall be posted in
each school building and district office.
  (G)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS SUBDIVISION, ANY
STUDENT WHO IS ALREADY ATTENDING A PUBLIC  SCHOOL  UNDER  THE  COMMUNITY
DISTRICT  BOUNDARIES  AS  THEY EXISTED PRIOR TO JULY FIRST, TWO THOUSAND
EIGHTEEN MAY ATTEND SUCH PUBLIC SCHOOL.
  4. a. There shall be a city-wide council on special education  created
pursuant  to  this  section.  The city-wide council on special education
shall consist of eleven voting members and  one  non-voting  member,  as
follows:
  (1) nine voting members who shall be parents of students with individ-
ualized  education  programs, to be selected by parents of students with
individualized education programs pursuant to a  representative  process
developed by the chancellor. Such members shall serve a two year term;
  (2) two voting members appointed by the public advocate of the city of
New  York,  who shall be individuals with extensive experience and know-
ledge in the areas of educating, training or employing individuals  with
handicapping  conditions  and  will  make  a significant contribution to
improving special education in the city  district.  Such  members  shall
serve a two year term; and
  (3) one non-voting member who is a high school senior with an individ-
ualized  education program, appointed by the administrator designated by
the chancellor to supervise special education  programs.    Such  member
shall serve a one year term.
  b. The city-wide council on special education shall have the power to:
  (1)  advise  and  comment  on  any educational or instructional policy
involving the provision of services for students with disabilities;
  (2) advise and comment  on  the  process  of  establishing  committees
and/or  subcommittees on special education in community school districts
pursuant to section forty-four hundred two of this chapter;
  (3) issue an annual report on the effectiveness of the  city  district
in providing services to students with disabilities and making recommen-
dations,  as  appropriate, on how to improve the efficiency and delivery
of such services; and
  (4) hold at least one meeting per month open to the public and  during
which the public may discuss issues facing students with disabilities.
  c.  Vacancies  shall  be filled for an unexpired term by the city-wide
council on special education, pursuant to a  process  developed  by  the
chancellor that shall include consultation with parents of students with
individualized  educational  programs;  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.
  5. (a) There shall be a city-wide council on English language learners
created pursuant to this  section.  The  city-wide  council  on  English
language  learners  shall  consist of eleven voting members and one non-
voting member, as follows:
  (i) nine voting members who shall be parents of students who are in  a
bilingual  or English as a second language program conducted pursuant to
section thirty-two hundred four of this chapter, some  of  whom  may  be
parents of students who have been in such a program within the preceding
two  years,  to  be  selected  by  parents  of students who receive such
services pursuant to a representative process developed by the  chancel-
lor. Such members shall serve a two year term;
  (ii)  two  voting members appointed by the public advocate of the city
of New York, who shall be  individuals  with  extensive  experience  and

S. 5659                             6

knowledge  in the education of English language learners and will make a
significant contribution to improving bilingual and English as a  second
language  programs  in the city district. Such members shall serve a two
year term; and
  (iii)  one non-voting member who is a high school senior who is or has
been in a bilingual or English as a second language  program,  appointed
by  the  administrator  designated  by  the chancellor to supervise such
programs. Such member shall serve a one year term.
  (b) The city-wide council on English language learners shall have  the
power to:
  (i)  advise  and  comment  on  any educational or instructional policy
involving bilingual or English as a second language programs;
  (ii) issue an annual report on the effectiveness of the city  district
in  providing services to English language learners and making recommen-
dations, as appropriate, on how to improve the 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 English language lear-
ners.
  (c) Vacancies shall be filled for an unexpired term by  the  city-wide
council on English language learners, pursuant to a process developed by
the  chancellor that shall include consultation with parents of students
who receive services for English language  learners;  provided  however,
that  where a vacancy occurs in a position appointed by the public advo-
cate, the public advocate shall appoint a member to serve the  remainder
of the unexpired term.
  6.  (a)  There  shall  be  a city-wide council on high schools created
pursuant to this section. The city-wide council on  high  schools  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  high  schools.  Two  members  representing each borough shall be
selected by presidents and officers  of  the  parents'  associations  or
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 high school 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;
  (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 high
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

S. 5659                             7

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 high schools shall have the power to:
  (i)  advise  and  comment  on  any educational or instructional policy
involving high schools;
  (ii) issue an annual report on the effectiveness of the city  district
in  providing  services  to  high school students and making recommenda-
tions, as appropriate, on how to improve the 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 high 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.
  7. (a) Members of the city-wide councils established pursuant to  this
section  shall  not be paid a salary or stipend, but shall be reimbursed
for all actual and necessary expenses directly related to the duties and
responsibilities of the city-wide council on which they serve.
  (b) Each such city-wide council may appoint a secretary,  pursuant  to
the  policies  of  the city board, who shall perform the following func-
tions:
  (i) prepare meeting notices, agendas and minutes;
  (ii) record and maintain accounts of proceedings and meetings; and
  (iii) prepare briefing materials and other related informational mate-
rials for such meetings.
  Each city-wide council  shall  be  responsible  for  the  appointment,
supervision, evaluation and discharge of the secretary.
  (c)  No  person  may serve at the same time on more than one city-wide
council established pursuant to this section, nor may any  person  serve
at  the same time on such a city-wide council and any community district
education council.
  (d) A member of a  city-wide  council  established  pursuant  to  this
section  shall  be  ineligible  to  be employed by any such council, any
community district education council, or the city board.
  (e) No person shall be eligible for membership on a city-wide  council
established  pursuant  to  this  section if he or she holds any elective
public office or any elective or appointed party position except that of
delegate or alternate delegate to a national, state, judicial  or  other
party convention, or member of a county committee.
  (f)  A  person who has been convicted of a felony, or has been removed
from a city-wide council established pursuant to this section or  commu-
nity district education council for any of the following shall be perma-
nently ineligible for appointment to a city-wide council:
  (i)  an  act  of malfeasance directly related to his or her service on
such city-wide council or community district education council; or
  (ii) conviction of a crime, if such crime is directly related  to  his
or  her service upon such city-wide council or community district educa-
tion council.
  (g) In addition to the conditions enumerated in  the  public  officers
law  creating  a  vacancy,  a  member of a city-wide council established
pursuant to this section who refuses or neglects to attend  three  meet-
ings  of  such  city-wide  council  of which he or she is duly notified,
without rendering in writing a good and valid  excuse  therefor  vacates

S. 5659                             8

his  or  her  office  by  refusal to serve. Each absence and any written
excuse rendered shall be included within the official written minutes of
such meeting. After the third unexcused absence such  city-wide  council
shall declare a vacancy to the chancellor.
  S  3.  Subparagraph  2  of  paragraph  (b) of subdivision 6 of section
2590-c of the education law, as amended by chapter 103 of  the  laws  of
2014, is amended to read as follows:
  (2)  If  such  vacancy  results in the council not having at least one
member who is a parent of a student who is an English  language  learner
or  who  has  been  an English language learner within the preceding two
years, or results in the council not having at least one member who is a
parent of a  student  with  an  individualized  education  program,  the
[community  council] BOROUGH PRESIDENT shall select a parent having such
qualifications to fill the vacancy.
  S 4. Paragraph (c) of subdivision 6 of section 2590-c of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  (c) If the vacancy is not filled by the community council within sixty
days  after  it  is declared due to a tie vote for such appointment, the
[chancellor] BOROUGH PRESIDENT shall vote with the community council, to
break such tie vote. If the community council has  failed  to  fill  the
vacancy  within  sixty  days  after  it is declared because of any other
reason, the chancellor shall order the community council to do so pursu-
ant to section twenty-five hundred ninety-1 of this article.
  S 5. Paragraph (b) of subdivision 8 of section 2590-c of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  (b) develop a process for nomination of candidates for community coun-
cil  membership. Such process will outline in detail the procedure which
must be followed to present a name for consideration, may include quali-
fications and prohibitions in addition to those outlined in this section
and may allow for an interview process for nominees.  FURTHERMORE,  SUCH
PROCESS  SHALL  PROVIDE  FOR THE NOMINATION OF CANDIDATES BY THE BOROUGH
PRESIDENT IN THE EVENT AN INSUFFICIENT NUMBER OF  CANDIDATES  ARE  NOMI-
NATED.
  S  6. Subdivision 8 of section 2590-e of the education law, as amended
by chapter 123 of the laws of 2003, is amended to read as follows:
  8. Each year prepare a school district report card pursuant  to  regu-
lations  of  the  commissioner,  and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to copies of the proposed budget made publicly available as required  by
law,  making it available for distribution at the annual meeting, SUBMIT
IT TO THE COMMUNITY BOARD WHICH SHALL PRESENT SUCH REPORT  CARD  AT  ITS
NEXT  SCHEDULED  MEETING,  and otherwise disseminating it as required by
the commissioner. Such report card shall include measures of the academ-
ic performance of the school district, on a school by school basis,  and
measures of the fiscal performance of the district, as prescribed by the
commissioner.  Pursuant  to  regulations of the commissioner, the report
card shall also compare these measures to  statewide  averages  for  all
public  schools, and statewide averages for public schools of comparable
wealth and need, developed by the commissioner. Such report  card  shall
include,  at a minimum, any information on the school district regarding
pupil performance and expenditure per pupil required to be  included  in
the  annual  report  by the requests to the governor and the legislature
pursuant to section two hundred fifteen-a of this chapter; and any other
information required by the commissioner. School districts  (i)  identi-

S. 5659                             9

fied  as  having  fifteen  percent  or more of their students in special
education, or (ii) which have fifty percent or more  of  their  students
with  disabilities  in  special  education  programs  or  services sixty
percent  or  more  of the school day in a general education building, or
(iii) which have eight percent or more of their students with  disabili-
ties  in special education programs in public or private separate educa-
tional settings shall indicate on  their  school  district  report  card
their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.
  S 7. Paragraph (v) of subdivision 1 of section 2590-f of the education
law,  as added by chapter 345 of the laws of 2009, is amended to read as
follows:
  (v) to hold at least two public forums  within  the  district,  during
each  school  year,  for  the  purpose  of  reporting  on the district's
performance, including  progress  made  toward  achieving  the  district
comprehensive  educational plan goals, discussing plans for improvement,
and receiving parental and community comments and concerns; the communi-
ty superintendent shall ensure that notice  for  the  public  forums  is
posted  in  a  manner to maximize the participation of parents, students
and school personnel and is specifically circulated to  members  of  the
school  based management teams, community district education council and
the [relevant] community [boards] BOARD.
  S 8. Section 34 of chapter 91 of the laws of 2002 amending the  educa-
tion  law  and other laws relating to the reorganization of the New York
city school construction authority, board  of  education  and  community
boards,  as  amended  by  chapter 345 of the laws of 2009, is amended to
read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty  of  this
act  shall expire and be deemed repealed June 30, [2015] 2020; provided,
further, that notwithstanding any provision of article 5 of the  general
construction law, on June 30, [2015] 2020 the provisions of subdivisions
3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
2554  of  the  education  law  as repealed by section three of this act,
subdivision 1 of section 2590-b of the  education  law  as  repealed  by
section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven  of  this  act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as  repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of  this
act,  subdivision  28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
section  thirty  of  this  act  shall  be  revived  and  be read as such
provisions existed in law on the date immediately preceding  the  effec-
tive  date of this act; provided, however, that sections seven and eight
of this act shall take effect on November  30,  2003;  provided  further
that  the  amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to  the  expiration
and  reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the  provisions  of
section four of this act shall take effect.

S. 5659                            10

  S  9. Subdivision 12 of section 17 of chapter 345 of the laws of 2009,
amending the education law relating to the New York city board of educa-
tion, chancellor, community councils and community  superintendents,  is
amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
and  be  deemed repealed [June 30, 2015] IN THE SAME MANNER AND UPON THE
SAME DATE AS THE EXPIRATIONS AND REPEALS PROVIDED FOR IN SUCH SECTION OF
CHAPTER 91 OF THE LAWS OF 2002.
  S 10. This act shall take effect immediately, provided that:
  (a) sections one, two, three, four, five, six and seven  of  this  act
shall  take effect on the one hundred twentieth day after this act shall
have become a law;
  (b) the amendments to section 2590-b of  the  education  law  made  by
section  two  of  this  act shall not affect the expiration or repeal of
certain provisions of such  section  and  shall  expire  and  be  deemed
repealed therewith;
  (c)  the  amendments  to  section  2590-c of the education law made by
sections three, four and five of this act shall not affect the repeal of
such section and shall expire and be deemed repealed therewith;
  (d) the amendments to section 2590-e of  the  education  law  made  by
section  six  of  this act shall not affect the expiration and repeal of
such section and shall expire and be deemed repealed therewith; and
  (e) the amendments to section 2590-f of  the  education  law  made  by
section  seven of this act shall not affect the expiration and reversion
of such provisions and shall expire and be deemed repealed therewith.

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Senate Bill S5659

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Sponsored By

Jeffrey D. Klein