S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5175
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced by M. of A. REILLY -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation to mayoral control of the
   city school district of the city of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision 1 of  section  2590-b  of  the
 education  law,  as amended by section 43-b of part YYY of chapter 59 of
 the laws of 2019, is amended and a new paragraph (f) is added to read as
 follows:
   (a) The board of education of the city school district of the city  of
 New York is hereby continued.
   (1)  (A)  Such  board of education shall consist of thirteen appointed
 members: ONE MEMBER TO BE APPOINTED BY THE PUBLIC ADVOCATE OF  THE  CITY
 OF NEW YORK, one member to be appointed by each borough president of the
 city of New York; and [eight] SEVEN members to be appointed by the mayor
 of the city of New York.
   (B) Commencing on July first, two thousand twenty, the board of educa-
 tion  shall  consist  of  fifteen members: one member to be appointed by
 each borough president of the city of New York, one member to be elected
 by community district education council presidents, and nine members  to
 be appointed by the mayor of the city of New York. On or before December
 thirty-first,  two  thousand  nineteen,  the chancellor shall promulgate
 regulations establishing a  process  for  community  district  education
 council  presidents  to  elect  a member of the board, and processes for
 removal of such member and for the filling of such position in the event
 of a vacancy. The first member elected by community  district  education
 council  presidents  pursuant  to  such regulations shall take office on
 July first, two thousand twenty and shall serve a term that ends on June
 thirtieth, two thousand twenty-two.  Thereafter, the member  elected  by
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08887-01-1
              

 A. 5175                             2
 
 community  district  education  council presidents shall serve for a two
 year term commencing on July first.
   (2)  The  chancellor shall serve as an ex-officio non-voting member of
 the city board.
   (3) The city board shall elect its  own  chairperson  from  among  its
 voting members.
   (4)  All  appointed members shall serve for terms coterminous with the
 terms of their appointing authority[, provided that any  member  may  be
 removed  at  the pleasure of the appointing authority, who shall provide
 written notice to the public explaining the reasons  therefor  at  least
 ten days in advance of the removal].
   (5)  Except  for the chancellor, no board members shall be employed in
 any capacity by the city of New York, or a subdivision thereof,  or  the
 city board.
   (6)  No  appointed or elected member of the city board shall also be a
 member, officer, or employee of any public  corporation,  authority,  or
 commission where the mayor of the city of New York has a majority of the
 appointments. THE PUBLIC ADVOCATE'S APPOINTEE SHALL BE A RESIDENT OF THE
 CITY OF NEW YORK.
   (7)  Each  borough  president's  appointee  shall be a resident of the
 borough for which the  borough  president  appointing  him  or  her  was
 elected  and  shall  be  the parent of a child attending a public school
 within the city school district of the city of New York.
   (8) Each mayoral appointee shall be a resident of the city  and  [two]
 FOUR  shall  be  parents of a child attending a public school within the
 city district AND THREE SHALL HAVE EXPERTISE  IN  AN    AREA  THAT  WILL
 ASSIST THE CITY BOARD IN ACHIEVING ITS PURPOSE.
   (9)  All  parent members shall be eligible to continue to serve on the
 city board for two years  following  the  conclusion  of  their  child's
 attendance at a public school within the city district.
   (10)  Any  vacancy  shall  be filled by appointment by the appropriate
 appointing authority within ninety days of such vacancy.
   (11) Notwithstanding any provision of local law, the  members  of  the
 board  shall  not  have  staff, offices, or vehicles assigned to them or
 receive compensation for their services, but shall be reimbursed for the
 actual and necessary expenses incurred by them  in  the  performance  of
 their duties.
   (12)  ALL APPOINTEES SHALL SERVE FOR A TERM OF TWO YEARS AND SHALL NOT
 BE REMOVED WITHOUT JUST CAUSE. ANY RECOMMENDATION FOR THE REMOVAL OF  AN
 APPOINTEE  SHALL  BE  MADE  BY  THE  APPOINTING  AUTHORITY  AND SHALL BE
 APPROVED ONLY BY A MAJORITY VOTE OF  THE  OTHER  TWELVE  MEMBERS.  THERE
 SHALL BE NO LIMIT ON THE AMOUNT OF TERMS AN APPOINTEE CAN SERVE.
   (F) THERE SHALL BE AN ADVISORY STUDY GROUP TO REPORT ON THE CITY BOARD
 ESTABLISHED UNDER THIS SUBDIVISION. THE ADVISORY STUDY GROUP SHALL:
   (I) BE CHAIRED BY THE PUBLIC ADVOCATE;
   (II) CONSIST OF FIVE MEMBERS TO BE APPOINTED BY THE FIVE BOROUGH PRES-
 IDENTS,  WHO  SHALL  EACH  APPOINT  ONE MEMBER, AND EACH APPOINTEE SHALL
 SERVE UNDER THE SAME RESIDENCY AND TERM LIMIT REQUIREMENTS  PURSUANT  TO
 SUBDIVISION (A) OF THIS SECTION;
   (III)  HOLD AT LEAST ONE MEETING ANNUALLY TO DISCUSS THE EFFECTIVENESS
 OF THE CITY BOARD IN ACCOMPLISHING ITS PURPOSE; AND
   (IV) ISSUE A REPORT EVERY FIVE YEARS ON THE EFFECTIVENESS OF THE  CITY
 BOARD  IN  ACCOMPLISHING  ITS PURPOSE AND MAKE RECOMMENDATIONS ON HOW TO
 IMPROVE THE EFFICIENCY AND QUALITY OF THE CITY BOARD'S PERFORMANCE.

 A. 5175                             3
 
   § 2. The opening paragraph of section 2590-h of the education law,  as
 amended  by  section 43-d of part YYY of chapter 59 of the laws of 2019,
 is amended to read as follows:
   The  office  of  chancellor  of the city district is hereby continued.
 Such chancellor shall BE APPOINTED BY THE MAYOR AFTER THE MAYOR PROPOSES
 THREE CANDIDATES TO THE PANEL FOR EDUCATION POLICY  AND  THE  PANEL  FOR
 EDUCATION  POLICY MAKES A RECOMMENDATION BASED ON WHICH CANDIDATE IS THE
 MOST QUALIFIED. THE CHANCELLOR SHALL serve at the  pleasure  of  and  be
 employed  by the mayor of the city of New York by contract. The chancel-
 lor shall meet the requirements of  subdivision  one  of  section  three
 thousand  three  of  this  chapter[, provided that a person who has been
 issued a certificate as superintendent of schools pursuant  to  subdivi-
 sion  three of such section may serve as chancellor on the basis of such
 certificate for no longer than six months]. The length of such  contract
 shall  not exceed by more than two years the term of office of the mayor
 authorizing such contract. The chancellor shall receive a salary  to  be
 fixed  by  the mayor within the budgetary allocation therefor. He or she
 shall exercise all his or her powers and duties in a manner  not  incon-
 sistent  with  the city-wide educational policies of the city board. The
 chancellor shall have the following powers and duties as the superinten-
 dent of schools and chief executive officer for the city district, which
 the chancellor shall exercise to promote an equal  educational  opportu-
 nity  for  all  students  in  the  schools of the city district, promote
 fiscal and educational equity, increase student achievement  and  school
 performance  and  encourage local school-based innovation, including the
 power and duty to:
   § 3. This act shall take effect on the thirtieth day  after  it  shall
 have become a law; provided, however, that the amendments to subdivision
 1 of section 2590-b of the education law made by section one of this act
 shall not affect the expiration of such subdivision and such section and
 shall  be  deemed to expire therewith; provided further, that the amend-
 ments to the opening paragraph of section 2590-h of  the  education  law
 made  by section two of this act shall not affect the expiration of such
 section and shall be deemed to expire therewith.