S T A T E O F N E W Y O R K
________________________________________________________________________
6725--A
2017-2018 Regular Sessions
I N A S S E M B L Y
March 16, 2017
___________
Introduced by M. of A. NOLAN, SEAWRIGHT, O'DONNELL, BLAKE, COLTON, COOK,
CRESPO, D'URSO, GLICK, GOTTFRIED, HARRIS, JAFFEE, MOYA, ORTIZ,
PHEFFER AMATO, RIVERA, ROZIC, SIMON, SIMOTAS, QUART -- Multi-Sponsored
by -- M. of A. LENTOL -- read once and referred to the Committee on
Education -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the education law, in relation to community district
education councils
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 4, paragraph (a) of subdivision
5 and subdivision 6 of section 2590-b of the education law, paragraph a
of subdivision 4 as amended and paragraph (a) of subdivision 5 and
subdivision 6 as added by chapter 345 of the laws of 2009, and subpara-
graph (i) of paragraph (a) of subdivision 5 as amended by chapter 103 of
the laws of 2013, are amended to read as follows:
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] THIRTEEN voting members and one non-voting
member, as follows:
(1) [nine] TEN voting members who shall be parents of students with
individualized education programs, to be selected by parents of students
with individualized education programs, WITH TWO MEMBERS FROM EACH OF
THE FIVE BOROUGHS, COMPOSED OF ONE PARENT OF A DISTRICT SEVENTY-FIVE
STUDENT AND ONE PARENT OF A NON-DISTRICT SEVENTY-FIVE STUDENT 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] THREE 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09993-02-7
A. 6725--A 2
handicapping conditions and will make a significant contribution to
improving special education in the city district. Such members shall
serve a [two] THREE year term; [and]
(3) ONE VOTING MEMBER TO BE APPOINTED BY THE CITYWIDE COUNCIL ON HIGH
SCHOOLS; AND
(4) 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.
(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 preced-
ing two years] AT ANY TIME IN THE PAST, to be selected by parents of
students who receive such services pursuant to a representative process
developed by the chancellor. Such members shall serve a [two] THREE 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
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]
THREE 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.
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]
THREE 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]
THREE 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] THREE 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] THREE years; and
A. 6725--A 3
(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 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.
(D) THE ELIGIBILITY SHALL BE DETERMINED AT THE TIME OF THE SELECTION
PROCESS. MEMBERS THUS ELECTED TO THE CITYWIDE COUNCIL SHALL SERVE A FULL
TERM REGARDLESS OF ANY CHANGES IN THE ELIGIBILITY STATUS SUBSEQUENT TO
THE COMPLETION OF THE SELECTION PROCESS.
§ 2. Subdivision 1 and paragraph (c) of subdivision 8 of section
2590-c of the education law, subdivision 1 as amended by chapter 345 of
the laws of 2009 and paragraph (c) of subdivision 8 as amended by chap-
ter 103 of the laws of 2014, are amended to read as follows:
1. Each community district shall be governed by a community district
education council. The community councils shall consist of eleven voting
members and one non-voting member, 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] THREE years. Presidents
and officers of parents' associations or parent-teachers' associations
who are candidates in the selection process pursuant to this section
shall not be eligible to cast votes in such selection process. The asso-
ciation shall elect a member to vote in the place of each such president
or officer for the purposes of the selection process. THE ELIGIBILITY
SHALL BE DETERMINED AT THE TIME OF THE SELECTION PROCESS. MEMBERS THUS
ELECTED TO THE COUNCIL SHALL SERVE A FULL TERM REGARDLESS OF ANY CHANGES
IN THE ELIGIBILITY STATUS SUBSEQUENT TO THE COMPLETION OF THE SELECTION
PROCESS.
(b) Two voting members shall be appointed by the borough presidents
corresponding to such district. Such appointees shall be residents of,
or own or operate a business in, the district and shall be individuals
with extensive business, trade, or education experience and knowledge,
who will make a significant contribution to improving education in the
district. Such members shall serve for a term of [two] THREE years [and
may only be reappointed for one additional two year term].
A. 6725--A 4
(c) One non-voting member who is a high school senior residing in the
district, appointed by the superintendent from among the elected student
leadership. Such member shall serve for a one year term.
Members 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 community council.
(c) develop selection procedures for community council members which
shall attempt to ensure membership that reflects a representative cross-
section of the communities within the school district and diversity of
the student population including those with particular educational
needs, shall include consideration of the enrollment figures within each
community district and the potential disparity of such enrollment from
school to school within the district[, and shall ensure that, to the
extent possible, a school may have no more than one parent represen-
tative on the community council]. Such procedures shall ensure that at
least one position on the community council is filled by a parent of a
student who is an English language learner or who has been an English
language learner [within the preceding two years] IN THE PAST, and at
least one position is filled by a parent of a student with an individ-
ualized education program, and shall allow for the seven remaining posi-
tions to be filled by parents who are otherwise eligible.
§ 3. Subdivision 7 of section 2590-e of the education law, as amended
by chapter 123 of the laws of 2003, is amended to read as follows:
7. participate in training and continuing education programs pursuant
to the provisions of this subdivision.
(1) Community district education council members shall participate in
training to acquaint them with the powers, functions and duties of
community council members, as well as the powers of other governing and
administering authorities that affect education including the powers of
the commissioner, city board, chancellor [and], community superinten-
dents, OPEN MEETINGS LAW, PARLIAMENTARY PROCEDURES AND FIDUCIARY RESPON-
SIBILITIES. Such participation shall be completed no later than three
months from the date in which a community council member takes office
for the first time.
(2) Each community district education council member shall be required
to participate in continuing education programs on an annual basis as
defined by the chancellor. [Participation in training pursuant to para-
graph one of this subdivision by a community district education council
member who takes office for the first time shall be deemed to satisfy
the requirements of this subdivision for the first year of such member's
term.]
(3) such training and continuing education programs shall be approved
by the chancellor, following consultation with the commissioner, and may
be provided by the state education department, the city board, the chan-
cellor or a nonprofit provider authorized by the chancellor to provide
such training and continuing education programs.
(4) the chancellor is authorized to promulgate regulations regarding
providers and their certification, the content and implementation of the
training and continuing education programs. Any such regulations shall
be developed after consultation with the commissioner.
(5) such training and continuing education programs shall be offered
on an annual basis or more frequently, as needed, to enable community
council members to comply with this subdivision.
(6) failure of community council members to comply with the training
and continuing education requirements mandated by this subdivision shall
A. 6725--A 5
constitute cause for removal from office pursuant to section twenty-five
hundred ninety-1 of this article.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to sections 2590-b, 2590-c and 2590-e of the education
law made by sections one, two and three of this act shall not affect the
expiration or repeal of such sections and shall be deemed to expire or
repeal therewith.