S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8321
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 13, 2019
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to establish the Rochester city school district empowerment  act;
   and providing for the repeal of such provisions upon expiration there-
   of
 
   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 "Rochester city school district empowerment act".
   §  2.  Legislative intent.  The legislature hereby finds the Rochester
 city school district has historically underperformed and is in  need  of
 intervention to improve the outcomes of all students in the district. In
 August  2018,  the  commissioner  of education appointed a distinguished
 educator who conducted a review of the Rochester  city  school  district
 and  proposed a series of recommendations related to the areas of gover-
 nance and leadership, teaching and learning,  professional  development,
 district  operations,  the  education  of students with disabilities and
 English language learners, and  parent  and  community  engagement.  The
 distinguished  educator has made it clear that the Rochester city school
 district needs support in improving the district's  systems,  structures
 and  operations  and  addressing  gaps  in student services and academic
 performance.
   § 3. Definitions. As used in this act:
   (a) "commissioner" shall mean the commissioner of education;
   (b) "board of education" or "board" shall mean the board of  education
 of the Rochester city school district;
   (c)  "superintendent"  shall  mean the superintendent of the Rochester
 city school district; and
   (d) "school district" shall mean the Rochester city school district.
   § 4. Beginning in the 2020-21 school year, with funds  available  from
 the  state,  the  superintendent, in consultation with the commissioner,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13158-05-9

 A. 8321                             2
 
 shall convert all schools that have  been  designated  as  comprehensive
 support and improvement schools by the commissioner to community schools
 to provide expanded health, mental health and other services to students
 and  their families.   Before the conclusion of the 2019-20 school year,
 the superintendent shall develop a strategic plan setting forth how  the
 district  plans to transform such schools into community hubs to deliver
 co-located or school-linked academic, health, mental health,  nutrition,
 counseling,  legal  and/or other services to students and their families
 in a manner that will lead to improved educational and  other  outcomes.
 Nothing  in  this  act  shall  preclude any school in the Rochester city
 school district from converting to a community school.
   § 5. Board member training. (a) In addition to the  training  required
 under  section 2102-a of the education law, every member of the board of
 education shall annually complete a minimum of twelve hours of  training
 on  the roles and responsibilities of board members. Such training shall
 include education on ethics, public relations, cultural sensitivity  and
 responsiveness, dispute resolution, governance, and the appropriate role
 of board members, the board president, and the superintendent.
   (b)  The  curriculum  used  for such training shall be approved by the
 commissioner. Such curricula may be offered together as a single  course
 or separately. The training required by this section shall be offered by
 providers approved by the commissioner. In approving providers for these
 trainings,  the  commissioner  shall  consider  the potential provider's
 understanding of the educational environment, the roles of trustees  and
 boards  of education and boards of cooperative educational services, and
 the experience of the provider in delivering such training.
   (c) Each board member of the school district shall demonstrate compli-
 ance with these requirements by filing with the district clerk a certif-
 icate of completion of such training issued by the provider. Actual  and
 necessary  expenses  incurred  by  a  board member in complying with the
 foregoing requirements shall be a charge against the school district.
   § 6. Powers and duties. (a) The board of education and the superinten-
 dent shall jointly develop written guidelines  clearly  delineating  the
 powers  and  duties  of  such board of education and superintendent. The
 superintendent shall be the chief executive  officer  of  the  board  of
 education and the school district educational system. As the chief exec-
 utive  officer,  the  superintendent shall execute all powers and duties
 authorized in this act, section 2566 of the education law, and any other
 applicable state law or regulations, including managing all  pre-kinder-
 garten,  elementary, and secondary schools under the jurisdiction of the
 school district.  The board of education shall execute only  the  powers
 and  duties authorized in this act, article 52 of the education law, and
 any other applicable state law or regulation.
   (b) In the event of a disagreement between the board of education  and
 the  superintendent  or amongst members of such board, including but not
 limited to disagreements arising from a failure to adhere to the  powers
 and  duties  established under paragraph (a) of this section, such board
 of education or superintendent shall initiate mediation. Such  mediation
 shall  be  conducted by a mediator that is chosen from a mutually agreed
 upon list of qualifed mediators furnished by a community dispute  resol-
 ution  center  under article 21-A of the judiciary law.  Such list shall
 be established within 60 days of enactment of this act and renewed annu-
 ally at the start of each school year.  The superintendent and the board
 of education shall participate in good faith with any request for  medi-
 ation.

 A. 8321                             3
 
   §  7.  Strategic academic improvement plan. The board of education and
 superintendent shall develop a long term strategic academic  improvement
 plan  within  60  days  from  the enactment of this act. Such plan shall
 include a set of goals with appropriate benchmarks and measurable objec-
 tives  to  address  areas  where  improvements  are needed in the school
 district including but not limited to communication,  the  education  of
 English  language learners, the education of students with disabilities,
 professional development, and parent engagement.
   § 8. Rochester city school district children's advisory council. There
 is hereby established the  Rochester  city  school  district  children's
 advisory  council.  The council shall provide advice and guidance to the
 superintendent with the mission of improving the educational outcomes of
 all students in the school district. The council  shall  meet  at  least
 once  per  month  for the first year following the enactment of this act
 and thereafter at least  three  times  annually  and  consist  of  seven
 members  who  shall  be  appointed  by  the district-wide Rochester city
 school district school-based planning executive committee.  The  members
 of  the  council shall be residents of the county of Monroe and include,
 but not be limited to, community groups and experts  in  child  develop-
 ment,  mental  health,  trauma informed learning, English language lear-
 ners, students with disabilities, and  culturally  responsive  teaching.
 No  member of the council shall hold any elected public office or office
 in any political party.  Members of such council shall serve a  term  of
 five  years,  and  shall not be compensated for their service and may be
 reappointed. A vacancy occurring for any reason shall be filled  by  the
 district-wide  Rochester city school district planning executive commit-
 tee.
   § 9. Nothing in this act shall be construed to abrogate or affect  any
 provision of a collective bargaining agreement pursuant to article 14 of
 the civil service law.
   § 10. This act shall take effect immediately, and shall expire on July
 1,  2025  when upon such date the provisions of this act shall be deemed
 repealed.