S T A T E O F N E W Y O R K
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2629--B
Cal. No. 109
2017-2018 Regular Sessions
I N S E N A T E
January 13, 2017
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Education -- reported
favorably from said committee, ordered to first and second report,
ordered to a third reading, amended and ordered reprinted, retaining
its place in the order of third reading -- recommitted to the Commit-
tee on Education in accordance with Senate Rule 6, sec. 8 -- reported
favorably from said committee, ordered to first report, amended on
first report, ordered to a second report and ordered reprinted,
retaining its place in the order of second report
AN ACT to amend the education law, in relation to enacting the "New York
city board for education policy members public responsibility act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "New York city board for education policy members public responsi-
bility act".
§ 2. Subdivision 8 of section 2590-g of the education law is amended
by adding a new paragraph (d) to read as follows:
(D)(I) A QUORUM OF THE MEMBERS OF THE CITY BOARD MUST ATTEND ANY HEAR-
ING SCHEDULED FOR PURPOSES OF ALLOWING PUBLIC COMMENTS AS PROVIDED IN
THIS SUBDIVISION. THE CITY BOARD SHALL NOT VOTE ON ANY MEASURE FOR WHICH
A PUBLIC HEARING IS REQUIRED OR SET BY THE BOARD UNLESS A QUORUM OF THE
MEMBERS OF THE CITY BOARD ATTENDED THE HEARING RELATING TO SUCH MEASURE.
(II) AS USED IN THIS PARAGRAPH:
(1) "QUORUM" MEANS ONE-HALF OF THE MEMBERS OF THE CITY BOARD PLUS ONE
ADDITIONAL MEMBER; AND
(2) "ATTENDANCE" MEANS PERSONALLY RECORDED TO BE PRESENT IN AN OFFI-
CIAL CAPACITY DURING AT LEAST SEVENTY-FIVE PERCENT OF THE HEARING.
(III) IN THE EVENT THE CITY BOARD OR THE CHANCELLOR DETERMINES THAT
IMMEDIATE ADOPTION OF ANY ITEM REQUIRING CITY BOARD APPROVAL IS NECES-
SARY FOR THE PRESERVATION OF STUDENT HEALTH, SAFETY OR GENERAL WELFARE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02350-04-8
S. 2629--B 2
AND THAT COMPLIANCE WITH THE QUORUM REQUIREMENTS OF THIS SUBDIVISION
WOULD BE CONTRARY TO THE PUBLIC INTEREST, THEN SUCH PROPOSED ITEM MAY BE
ADOPTED AT A MEETING OF THE CITY BOARD ON AN EMERGENCY BASIS. THE CITY
BOARD OR CHANCELLOR SHALL PROVIDE WRITTEN JUSTIFICATION FOR SUCH DETER-
MINATION AND MAKE SUCH JUSTIFICATION PUBLICLY AVAILABLE INCLUDING VIA
THE CITY BOARD'S OFFICIAL INTERNET WEB SITE. ALL EMERGENCY ADOPTIONS
SHALL ONLY REMAIN IN EFFECT FOR SIXTY DAYS, DURING SUCH TIME THE CITY
BOARD SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION IN ORDER
FOR THE ADOPTION OF THE ITEM TO BECOME PERMANENT.
§ 3. Section 2590-g of the education law, as added by chapter 720 of
the laws of 1996, is amended by adding a new subdivision 8 to read as
follows:
8. (A) PRIOR TO THE APPROVAL OF ANY PROPOSED ITEM LISTED IN SUBDIVI-
SION ONE OF THIS SECTION, UNDERTAKE A PUBLIC REVIEW PROCESS TO AFFORD
THE PUBLIC AN OPPORTUNITY TO SUBMIT COMMENTS ON THE PROPOSED ITEM. SUCH
PUBLIC REVIEW PROCESS SHALL INCLUDE NOTICE OF THE ITEM UNDER CITY BOARD
CONSIDERATION WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC, INCLUDING VIA
THE CITY BOARD'S OFFICIAL INTERNET WEBSITE, AND SPECIFICALLY CIRCULATED
TO ALL COMMUNITY SUPERINTENDENTS, COMMUNITY DISTRICT EDUCATION COUNCILS,
COMMUNITY BOARDS, AND SCHOOL BASED MANAGEMENT TEAMS, AT LEAST FORTY-FIVE
DAYS IN ADVANCE OF ANY CITY BOARD VOTE ON SUCH ITEM. NOTICE OF THE
PROPOSED ITEM UNDER CITY BOARD CONSIDERATION SHALL INCLUDE:
(I) A DESCRIPTION OF THE SUBJECT, PURPOSE AND SUBSTANCE OF THE
PROPOSED ITEM UNDER CONSIDERATION;
(II) INFORMATION REGARDING WHERE THE FULL TEXT OF THE PROPOSED ITEM
MAY BE OBTAINED;
(III) THE NAME, OFFICE, ADDRESS, EMAIL AND TELEPHONE NUMBER OF A CITY
DISTRICT REPRESENTATIVE, KNOWLEDGEABLE ON THE ITEM UNDER CONSIDERATION,
FROM WHOM ANY INFORMATION MAY BE OBTAINED CONCERNING SUCH ITEM;
(IV) DATE, TIME AND PLACE OF ANY HEARING REGARDING THE PROPOSED ITEM,
IF APPLICABLE;
(V) DATE, TIME AND PLACE OF THE CITY BOARD MEETING AT WHICH THE CITY
BOARD WILL VOTE ON THE PROPOSED ITEM; AND
(VI) INFORMATION ON HOW TO SUBMIT WRITTEN OR ORAL COMMENTS REGARDING
THE ITEM UNDER CONSIDERATION.
(B) IN THE EVENT THAT A PROPOSED ITEM LISTED IN SUBDIVISION ONE OF
THIS SECTION IS SUBSTANTIALLY REVISED AT ANY TIME FOLLOWING THE PUBLIC
NOTICE PROVIDED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE CITY
BOARD SHALL ISSUE A REVISED PUBLIC NOTICE. SUCH REVISED NOTICE SHALL BE
AVAILABLE AT LEAST FIFTEEN DAYS IN ADVANCE OF ANY CITY BOARD VOTE ON THE
PROPOSED ITEM, BUT IN NO EVENT SHALL THE CITY BOARD VOTE ON ANY SUCH
ITEM WITHIN FORTY-FIVE DAYS FROM THE INITIAL PUBLIC NOTICE PROVIDED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. REVISED PUBLIC NOTICE OF
THE ITEM UNDER CITY BOARD CONSIDERATION SHALL INCLUDE:
(I) A DESCRIPTION OF THE SUBJECT, PURPOSE AND SUBSTANCE OF THE REVISED
ITEM UNDER CONSIDERATION;
(II) IDENTIFICATION OF ALL SUBSTANTIAL REVISIONS TO THE ITEM;
(III) A SUMMARY OF ALL PUBLIC COMMENTS RECEIVED ON SUCH ITEM FOLLOWING
THE INITIAL PUBLIC NOTICE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
(IV) INFORMATION REGARDING WHERE THE FULL TEXT OF THE REVISED ITEM MAY
BE OBTAINED;
(V) THE NAME, OFFICE, ADDRESS, EMAIL AND TELEPHONE NUMBER OF A CITY
DISTRICT REPRESENTATIVE, KNOWLEDGEABLE ON THE ITEM UNDER CONSIDERATION,
FROM WHOM ANY INFORMATION MAY BE OBTAINED CONCERNING SUCH ITEM;
(VI) DATE, TIME AND PLACE OF ANY HEARING REGARDING THE ITEM, IF APPLI-
CABLE;
S. 2629--B 3
(VII) DATE, TIME AND PLACE OF THE CITY BOARD MEETING AT WHICH THE CITY
BOARD WILL VOTE ON THE ITEM; AND
(VIII) INFORMATION ON HOW TO SUBMIT WRITTEN OR ORAL COMMENTS REGARDING
THE ITEM UNDER CONSIDERATION.
(C) FOLLOWING THE PUBLIC REVIEW PROCESS PURSUANT TO PARAGRAPH (A) OR
(B) OF THIS SUBDIVISION BUT PRIOR TO VOTING ON ANY PROPOSED ITEM LISTED
IN SUBDIVISION ONE OF THIS SECTION, THE CITY BOARD SHALL MAKE AVAILABLE
TO THE PUBLIC, INCLUDING VIA THE CITY BOARD'S OFFICIAL INTERNET WEB
SITE, AN ASSESSMENT OF ALL PUBLIC COMMENTS CONCERNING THE ITEM UNDER
CONSIDERATION RECEIVED PRIOR TO TWENTY-FOUR HOURS BEFORE THE CITY BOARD
MEETING AT WHICH SUCH ITEM IS SUBJECT TO A VOTE. SUCH ASSESSMENT SHALL
INCLUDE:
(I) A SUMMARY AND AN ANALYSIS OF THE ISSUES RAISED AND SIGNIFICANT
ALTERNATIVES SUGGESTED;
(II) A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
NOT INCORPORATED INTO THE PROPOSED ITEM;
(III) A DESCRIPTION OF ANY CHANGES MADE TO THE PROPOSED ITEM AS A
RESULT OF PUBLIC COMMENTS RECEIVED; AND
(IV) INFORMATION AS TO WHERE THE FULL TEXT OF ANY APPROVED ITEM MAY BE
OBTAINED.
(D)(I) A QUORUM OF THE MEMBERS OF THE CITY BOARD MUST ATTEND ANY HEAR-
ING SCHEDULED FOR PURPOSES OF ALLOWING PUBLIC COMMENTS AS PROVIDED IN
THIS SUBDIVISION. THE CITY BOARD SHALL NOT VOTE ON ANY MEASURE FOR WHICH
A PUBLIC HEARING IS REQUIRED OR SET BY THE BOARD UNLESS A QUORUM OF THE
MEMBERS OF THE CITY BOARD ATTENDED THE HEARING RELATING TO SUCH MEASURE.
(II) AS USED IN THIS PARAGRAPH:
(1) "QUORUM" MEANS ONE-HALF OF THE MEMBERS OF THE CITY BOARD PLUS ONE
ADDITIONAL MEMBER; AND
(2) "ATTENDANCE" MEANS PERSONALLY RECORDED TO BE PRESENT IN AN OFFI-
CIAL CAPACITY DURING AT LEAST SEVENTY-FIVE PERCENT OF THE HEARING.
(III) IN THE EVENT THE CITY BOARD OR THE CHANCELLOR DETERMINES THAT
IMMEDIATE ADOPTION OF ANY ITEM REQUIRING CITY BOARD APPROVAL IS NECES-
SARY FOR THE PRESERVATION OF STUDENT HEALTH, SAFETY OR GENERAL WELFARE
AND THAT COMPLIANCE WITH THE QUORUM REQUIREMENTS OF THIS SUBDIVISION
WOULD BE CONTRARY TO THE PUBLIC INTEREST, THEN SUCH PROPOSED ITEM MAY BE
ADOPTED AT A MEETING OF THE CITY BOARD ON AN EMERGENCY BASIS. THE CITY
BOARD OR CHANCELLOR SHALL PROVIDE WRITTEN JUSTIFICATION FOR SUCH DETER-
MINATION AND MAKE SUCH JUSTIFICATION PUBLICLY AVAILABLE INCLUDING VIA
THE CITY BOARD'S OFFICIAL INTERNET WEB SITE. ALL EMERGENCY ADOPTIONS
SHALL ONLY REMAIN IN EFFECT FOR SIXTY DAYS, DURING SUCH TIME THE CITY
BOARD SHALL COMPLY WITH THE REQUIREMENTS OF THIS SUBDIVISION IN ORDER
FOR THE ADOPTION OF THE ITEM TO BECOME PERMANENT.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to section 2590-g of the education law made by section
two of this act shall be subject to the expiration and reversion of such
section pursuant to section 34 of chapter 91 of the laws of 2002 and
pursuant to subdivision 12 of section 17 of chapter 345 of the laws of
2009, as amended, when upon such date the provisions of section three of
this act shall take effect.
