S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5570
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 10, 2017
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, COLTON -- Multi-Sponsored by -- M.
   of A. HOOPER, PERRY, RIVERA -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education  law,  in  relation  to  establishing  the
   office of ombudsman for public schools

   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  103-a
 to read as follows:
   §  103-A.  OFFICE  OF  OMBUDSMAN  FOR PUBLIC SCHOOLS. 1. THE OFFICE OF
 OMBUDSMAN FOR PUBLIC SCHOOLS IS HEREBY CREATED WITHIN THE DEPARTMENT  TO
 INDEPENDENTLY INVESTIGATE COMPLAINTS OF ENVIRONMENTAL, HEALTH AND SAFETY
 VIOLATIONS AND CONCERNS IN PUBLIC SCHOOLS; AND TO PROVIDE INFORMATION TO
 THE  PUBLIC  ON  HOW  TO  FILE SUCH COMPLAINTS AND THE REQUIREMENTS THAT
 PUBLIC SCHOOLS MUST COMPLY WITH RELATING TO  ENVIRONMENTAL,  HEALTH  AND
 SAFETY  ISSUES.   SUCH OFFICE SHALL ACT INDEPENDENTLY OF THE DEPARTMENT,
 AND SHALL NOT BE SUBJECT TO THE CONTROL OR SUPERVISION OF  THE  REGENTS,
 DEPARTMENT OR COMMISSIONER. THE OFFICE OF THE OMBUDSMAN SHALL BE SUBJECT
 TO THE CONTROL AND SUPERVISION OF THE BOARD THEREOF.
   2.  THE  BOARD  OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL BE
 COMPOSED OF NINE MEMBERS TO BE APPOINTED BY THE REGENTS.  THE MEMBERS OF
 SUCH BOARD SHALL EACH SERVE A TERM OF OFFICE OF  FIVE  YEARS;  PROVIDED,
 HOWEVER,  THAT  THE  INITIAL  APPOINTEES  TO  THE  BOARD SHALL SERVE THE
 FOLLOWING TERMS OF OFFICE:  TWO MEMBERS SHALL SERVE TERMS OF  ONE  YEAR;
 TWO  MEMBERS  SHALL  SERVE  TERMS  OF TWO YEARS; TWO MEMBERS SHALL SERVE
 TERMS OF THREE YEARS; TWO MEMBERS SHALL SERVE TERMS OF FOUR  YEARS;  AND
 ONE  MEMBER  SHALL SERVE A TERM OF FIVE YEARS. THE MEMBERS OF SUCH BOARD
 SHALL BE BROADLY REPRESENTATIVE OF THE GEOGRAPHIC AREAS  OF  THE  STATE,
 AND  SHALL HAVE EXPRESSED AN ACTIVE INTEREST IN OR OBTAINED PROFESSIONAL
 KNOWLEDGE IN ENVIRONMENTAL,  HEALTH  AND  SAFETY  CONDITIONS  IN  PUBLIC
 SCHOOLS.  THE  CHAIR  OF THE BOARD SHALL BE DESIGNATED BY THE BOARD FROM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03166-01-7

 A. 5570                             2
 
 AMONGST ITS MEMBERS. VACANCIES IN THE MEMBERSHIP OF THE BOARD  SHALL  BE
 FILLED  IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. THE MEMBERS OF
 THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
 ALLOWED  THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE
 OF THEIR DUTIES PURSUANT TO THIS SECTION.
   3. THE BOARD OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL  HAVE
 A  QUORUM  OF  SIX MEMBERS FOR THE CONDUCT OF BUSINESS. SUCH BOARD SHALL
 ALSO:
   A. PROMULGATE RULES AND REGULATIONS NECESSARY TO EXERCISE  THE  POWERS
 AND DUTIES OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS;
   B.  EMPLOY AND AT PLEASURE REMOVE AN EXECUTIVE DIRECTOR AND SUCH OTHER
 PERSONNEL AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF SUCH  OFFICE'S
 FUNCTIONS,  AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE
 THEREFOR;
   C. HOLD PUBLIC HEARINGS;
   D. HAVE ALL THE POWERS OF A  LEGISLATIVE  COMMITTEE  PURSUANT  TO  THE
 LEGISLATIVE LAW;
   E.  BE  ENTITLED  TO  REQUEST  AND  RECEIVE  AND  SHALL UTILIZE AND BE
 PROVIDED WITH SUCH FACILITIES, RESOURCES AND DATA OF THE  DEPARTMENT  AS
 IT  MAY  REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS AND DUTIES,
 AND THOSE OF THE OFFICE;
   F. BE ENTITLED TO  REQUEST  AND  RECEIVE  AND  SHALL  UTILIZE  AND  BE
 PROVIDED  WITH SUCH RESOURCES, DATA AND INFORMATION OF THE DEPARTMENT OF
 HEALTH AND THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AS  IT  MAY
 REASONABLY REQUEST TO CARRY OUT PROPERLY IT POWERS AND DUTIES, AND THOSE
 OF THE OFFICE;
   G.  BE  ENTITLED  TO  REQUEST  AND  RECEIVE  AND  SHALL UTILIZE AND BE
 PROVIDED WITH  SUCH  RESOURCES,  DATA  AND  INFORMATION  BY  ANY  SCHOOL
 DISTRICT  AS  IT  MAY REASONABLY REQUEST TO PROPERLY CONDUCT AN INVESTI-
 GATION OF A COMPLAINT PURSUANT TO THIS SECTION;
   H. ESTABLISH AND OPERATE A TOLL-FREE TELEPHONE NUMBER AND AN  INTERNET
 WEBSITE  AT  WHICH  INTERESTED  PERSONS CAN OBTAIN INFORMATION ON HOW TO
 FILE A COMPLAINT WITH THE OFFICE AND INFORMATION ON  THE  ENVIRONMENTAL,
 HEALTH AND SAFETY REQUIREMENTS FOR PUBLIC SCHOOLS;
   I.  ESTABLISH  AND  CONDUCT  A  PUBLIC INFORMATION CAMPAIGN TO PROVIDE
 AWARENESS OF THE POWERS AND DUTIES OF SUCH OFFICE;
   J. HAVE SUBPOENA POWERS AND THE POWER TO COMPEL THE SWORN TESTIMONY OF
 ANY WITNESS WHICH THE EXECUTIVE DIRECTOR DEEMS NECESSARY IN THE SCOPE OF
 ANY INVESTIGATION AUTHORIZED BY THIS SECTION; AND
   K. RECEIVE AND INVESTIGATE COMPLAINTS FROM  ANY  PERSONS  RELATING  TO
 ENVIRONMENTAL, HEALTH AND SAFETY ISSUES IN PUBLIC SCHOOLS.
   4.  THE  OFFICE  OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL, NOT LATER THAN
 SEVEN DAYS AFTER THE RECEIPT OF A COMPLAINT, COMMENCE  AN  INVESTIGATION
 OF  SUCH COMPLAINT. NOT MORE THAN THIRTY DAYS AFTER COMMENCING AN INVES-
 TIGATION, SUCH OFFICE SHALL SEND A PRELIMINARY  WRITTEN  REPORT  OF  THE
 INITIAL  INVESTIGATION  TO  THE COMPLAINANT. UPON FINAL COMPLETION OF AN
 INVESTIGATION, THE OFFICE SHALL SEND A FINAL REPORT OF ITS  FINDINGS  TO
 THE COMPLAINANT, THE SCHOOL DISTRICT, AND ANY LOCAL, STATE AND/OR FEDER-
 AL  AGENCY  HAVING  JURISDICTION OVER THE ISSUE INVESTIGATED, AND TO THE
 APPROPRIATE DISTRICT  ATTORNEY  OR  THE  ATTORNEY  GENERAL  IF  CRIMINAL
 VIOLATIONS ARE ALLEGED TO HAVE OCCURRED.
   5. ANNUALLY, ON OR BEFORE SEPTEMBER FIRST, THE OFFICE OF OMBUDSMAN FOR
 PUBLIC  SCHOOLS  SHALL SUBMIT A REPORT TO THE GOVERNOR, TEMPORARY PRESI-
 DENT OF THE SENATE, SPEAKER OF THE ASSEMBLY  AND  REGENTS,  WHICH  SHALL
 INCLUDE  THE NUMBER AND TYPES OF COMPLAINTS RECEIVED DURING THE PREVIOUS
 SCHOOL YEAR, THE RESULTS OF  THE  INVESTIGATIONS  CONDUCTED  DURING  THE

 A. 5570                             3
 
 PREVIOUS  SCHOOL  YEAR, AND RECOMMENDATIONS FOR THE IMPROVEMENT OF ENVI-
 RONMENTAL, HEALTH AND SAFETY CONDITIONS IN PUBLIC SCHOOLS.
   §  2.  This act shall take effect on the first of July next succeeding
 the date on which it shall have become a law.