S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6486
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 8, 2019
                                ___________
 
 Introduced  by  M. of A. PERRY, COLTON, WEPRIN -- read once and referred
   to the Committee on Education
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03254-01-9

 A. 6486                             2
 
 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;
   (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

 A. 6486                             3
 
 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.