NY State Senate Bill 2023-S6824

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to education
May 10, 2023	referred to education

2023-S6824 (ACTIVE) - Details

See Assembly Version of this Bill:: A7044
Current Committee:: Senate Education
Law Section:: Education
Laws Affected:: Amd §4, Chap 19 of 2020

2023-S6824 (ACTIVE) - Summary

Provides additional powers and duties of the Hempstead union free school district monitors including overriding and proposing resolutions adopted by the school board, requiring the board and school district officers to undergo training, and the approving of the appointment of the superintendent.

2023-S6824 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6824

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend chapter 19 of the laws of 2020 authorizing  the  commis-
sioner of education  to  appoint  a  monitor to oversee the Hempstead
union free school district and establishing the powers and duties of
such  monitor, in relation to additional powers of such monitors

 
PURPOSE:

This bill relates to the powers and duties of the Hempstead union free
school district monitors.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 4 of chapter 19 of the laws of 2020
authorizing the commissioner of education to appoint a monitor to over-
see the Hempstead union free school district and establishing the powers
and duties of such monitor by adding three new subdivisions 3, 4, and 5.

Subdivision 3 allows the school monitor to override decisions or
proposed resolutions if they violate state law, regulations, or are
inconsistent with the long-term strategic academic and fiscal improve-
ment plan no later than 48 hours after decisions. This subdivision also
requires the board clerk to provide the monitor with all proposed resol-
utions and motions up for discussion at a board meeting no later than 48
hours before such meeting.

Subdivision 4 allows the school monitor to direct the board, superinten-
dent, and/or other school officials to undergo any training deemed
necessary.

Subdivision 5 grants the school monitor the authority to approve or
disapprove the board's superintendent recommendation. The school monitor
has 10 days to approve or disapprove of the board's recommendation. If a
vacancy occurs because of the monitor's disapproval, the monitor may
recommend a current school employee as an interim superintendent.

Section 2 of the bill states the effective date.

 
JUSTIFICATION:

In 2019, the State installed a monitor in the Hempstead Union Free
School District to provide oversight and assistance over the academic
and fiscal operations of the school district. Since the enactment of the
law, it has become clear that additional power for the monitor is neces-
sary to provide meaningful oversight that benefit and protects the
students.

In the area of governance, the Board exhibits a strong lack of transpar-
ency and failure to observe open meeting laws. Over the past three
years, the Board has held 137 meetings and almost half (60 meetings) as
either special or emergency meetings. Additionally, the minutes of
school board meetings show the reasoning for entering into executive
session are improper and begs the question of whether the board enters
executive session to avoid public scrutiny.

This bill would provide the appropriate tools to the monitor to restore
the public's trust in the board, improve district operations, and deliv-
er the oversight the students and parents in this district deserve.

 
LEGISLATIVE HISTORY:

Chapter amendment to a law of 2019 as proposed in S.6599 & A.8403.

2020: S.7321 - CHAPTER 19.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed on the same date as chapter 19 of the laws of 2020.

2023-S6824 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 6824                                                  A. 7044
 
                        2023-2024 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Education
 
 IN ASSEMBLY -- Introduced by M. of A. DARLING -- read once and  referred
   to the Committee on Education
 
 AN ACT to amend chapter 19 of the laws of 2020 authorizing  the  commis-
   sioner  of education  to  appoint  a  monitor to oversee the Hempstead
   union free school district and establishing the powers and  duties  of
   such  monitor, in relation to additional powers of such monitors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 4 of chapter 19 of the  laws  of  2020  authorizing
 the  commissioner   of education  to  appoint  a  monitor to oversee the
 Hempstead union free school district and  establishing  the  powers  and
 duties of  such  monitor, is amended by adding three new subdivisions 3,
 4 and 5 to read as follows:
   3.  IN  THE  EVENT  THAT  THE MONITOR OR MONITORS FIND THAT AN ADOPTED
 RESOLUTION OR MOTION, A PROPOSED  RESOLUTION  OR  MOTION,  OR  THAT  THE
 BOARD'S  FAILURE  TO  ACT  VIOLATES STATE LAW, THE RULES OF THE BOARD OF
 REGENTS, THE REGULATIONS OF THE COMMISSIONER, OR  IS  INCONSISTENT  WITH
 THE  TERMS  OF  THE  LONG TERM STRATEGIC ACADEMIC AND FISCAL IMPROVEMENT
 PLAN, THE MONITOR OR MONITORS MAY:
   (A) OVERRIDE ADOPTED OR PROPOSED RESOLUTIONS OR MOTIONS BY  THE  BOARD
 THROUGH  THE  ISSUANCE  OF  A DIRECTIVE WHICH SHALL CONTAIN THE SPECIFIC
 FINDINGS AS TO THE NECESSITY OF SUCH OVERRIDE AND ANY POTENTIAL  CORREC-
 TIVE  ACTION  BY  THE  BOARD  THAT  WOULD ADDRESS THE DEFICIENCY IN SUCH
 ADOPTED OR PROPOSED RESOLUTION OR MOTION. THE MONITOR OR MONITORS  SHALL
 PROVIDE  WRITTEN NOTICE TO THE BOARD, SUPERINTENDENT AND COMMISSIONER OF
 THEIR INTENTION TO OVERRIDE THE ADOPTED OR PROPOSED RESOLUTION OR MOTION
 AT ANY TIME BUT IN NO EVENT LATER THAN 48 HOURS AFTER SUCH RESOLUTION OR
 MOTION WAS ADOPTED BY THE BOARD UNLESS THE COMMISSIONER HAS EXTENDED THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11036-01-3

 S. 6824                             2                            A. 7044
 
 PERIOD TO OVERRIDE DUE TO  EXTENUATING  CIRCUMSTANCES  THAT  NECESSITATE
 ADDITIONAL  TIME.  THE OVERRIDE NOTICE SHALL STAY THE PROCEEDINGS OF THE
 BOARD ON SUCH ADOPTED RESOLUTION OR MOTION OR, IF THE NOTICE IS PROVIDED
 PRIOR  TO  ACTION BY THE BOARD, IT SHALL REMOVE SUCH PROPOSED RESOLUTION
 OR MOTION FROM CONSIDERATION BY THE BOARD  PENDING  THE  ISSUANCE  OF  A
 DIRECTIVE  BY  THE  MONITOR  OR  MONITORS.  THE MONITOR OR MONITORS MUST
 SUBMIT THE DIRECTIVE TO THE BOARD, SUPERINTENDENT AND  THE  COMMISSIONER
 NO  LATER THAN 10 DAYS FOLLOWING NOTICE OF SUCH OVERRIDE. UPON THE ISSU-
 ANCE OF A DIRECTIVE, THE OVERRIDE OF THE  BOARD'S  ADOPTED  OR  PROPOSED
 RESOLUTION OR MOTION SHALL BE FINAL AND CONCLUSIVE UNLESS THE MONITOR OR
 MONITORS  FAIL  TO  ISSUE  SUCH  DIRECTIVE WITHIN 10 DAYS OR WITHIN SUCH
 PERIOD ESTABLISHED  BY  THE  MONITOR  OR  MONITORS  IF  THE  PERIOD  WAS
 EXTENDED,  WITHDRAWS  SUCH  OVERRIDE,  OR THE COMMISSIONER OVERRULES THE
 MONITOR OR MONITORS' OVERRIDE WITHIN 10 DAYS  OF  THE  ISSUANCE  OF  THE
 DIRECTIVE.  THE MONITOR OR MONITORS MAY EXTEND THE PERIOD TO SUBMIT SUCH
 DIRECTIVE, AT INTERVALS OF 10 ADDITIONAL DAYS FOR EACH EXTENSION, IF THE
 BOARD, SUPERINTENDENT OR SCHOOL DISTRICT EMPLOYEES FAIL TO  PROVIDE  ALL
 RELEVANT INFORMATION REQUESTED BY THE MONITOR OR MONITORS RELATED TO THE
 ADOPTED OR PROPOSED RESOLUTION OR MOTION SUBJECT TO SUCH OVERRIDE WITHIN
 48 HOURS OF SUCH REQUEST.
   (B)  SUBMIT  A  RESOLUTION  FOR  ADOPTION BY THE BOARD. THE RESOLUTION
 SHALL BE SUBMITTED TO THE CLERK NO LATER THAN 48 HOURS PRIOR TO THE NEXT
 SCHEDULED BOARD MEETING WHO SHALL CAUSE THE RESOLUTION TO BE  PLACED  ON
 THE  NEXT  BOARD  MEETING  AGENDA  AND A COPY TO BE ISSUED TO THE BOARD,
 SUPERINTENDENT AND COMMISSIONER ACCOMPANIED BY SPECIFIC FINDINGS  AS  TO
 THE NECESSITY OF SUCH RESOLUTION. THE MONITOR OR MONITORS MAY DIRECT THE
 BOARD  TO  MEET AT A DATE PRIOR TO THEIR NEXT SCHEDULED BOARD MEETING TO
 TAKE UP SUCH RESOLUTION. THE MONITOR OR MONITORS MAY WITHDRAW THE RESOL-
 UTION PRIOR TO, OR DURING, THE NEXT BOARD MEETING, IF  THE  BOARD  TAKES
 SUFFICIENT  ACTION TO RESOLVE THE ISSUES CONTAINED IN THE RESOLUTION. IF
 THE RESOLUTION IS NOT WITHDRAWN, IT SHALL BE DEEMED TO BE ADOPTED AT THE
 NEXT BOARD MEETING THROUGH ITS SUBMISSION AND SHALL HAVE THE FULL  FORCE
 AND EFFECT AS ANY OTHER RESOLUTION ADOPTED BY THE BOARD.
   (C)  THE MONITOR OR MONITORS SHALL NOT OVERRIDE AN ADOPTED OR PROPOSED
 RESOLUTION OR MOTION  OR  SUBMIT  A  RESOLUTION  RELATED  TO  COLLECTIVE
 BARGAINING  AGREEMENTS  NEGOTIATED  IN ACCORDANCE WITH ARTICLE 14 OF THE
 CIVIL SERVICE LAW.
   4. THE MONITOR OR  MONITORS  MAY  DIRECT  THE  BOARD,  SUPERINTENDENT,
 AND/OR  OTHER SCHOOL DISTRICT OFFICERS TO UNDERGO ANY TRAINING AS DEEMED
 NECESSARY AND PURSUANT TO TIMELINES ESTABLISHED BY THE STATE MONITOR  OR
 MONITORS.
   5.  THE  MONITOR OR MONITORS SHALL HAVE THE POWER TO APPROVE OR DISAP-
 PROVE THE APPOINTMENT OF A SUPERINTENDENT BY THE BOARD OF  EDUCATION  ON
 OR  AFTER  THE  EFFECTIVE  DATE  OF THIS ACT. THE BOARD SHALL SUBMIT THE
 RECOMMENDATION  FOR  SUPERINTENDENT  TO  THE  MONITOR  OR  MONITORS  FOR
 APPROVAL.  THE  MONITOR  OR  MONITORS  SHALL  HAVE 10 DAYS TO APPROVE OR
 DISAPPROVE THE BOARD'S RECOMMENDATION. IF AFTER SUCH PERIOD NO ACTION IS
 TAKEN BY THE MONITOR OR MONITORS, THE RECOMMENDATION FOR  SUPERINTENDENT
 SHALL  BE DEEMED APPROVED. IF THE MONITOR OR MONITORS DISAPPROVES OF THE
 APPOINTMENT, THEN THE BOARD SHALL RECOMMEND  A  NEW  CANDIDATE  FOR  THE
 MONITOR  OR  MONITORS  TO  APPROVE OR DISAPPROVE UNTIL AN APPOINTMENT IS
 APPROVED BY THE MONITOR OR MONITORS. IN THE EVENT THAT A VACANCY  OCCURS
 IN  THE POSITION OF SUPERINTENDENT DUE TO THE DISAPPROVAL OF A RECOMMEN-
 DATION, THE MONITOR OR MONITORS MAY APPOINT A CURRENT SCHOOL EMPLOYEE AS
 INTERIM SUPERINTENDENT UNTIL  A  RECOMMENDATION  FOR  SUPERINTENDENT  IS
 APPROVED.
 S. 6824                             3                            A. 7044
 
   §  2. This act shall take effect immediately; provided that the amend-
 ments to chapter 19 of the laws of 2020  made by section one of this act
 shall not affect the expiration of such chapter and shall expire and  be
 deemed repealed therewith.

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Senate Bill S6824

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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2023-S6824 (ACTIVE) - Details

2023-S6824 (ACTIVE) - Summary

2023-S6824 (ACTIVE) - Sponsor Memo

2023-S6824 (ACTIVE) - Bill Text download pdf

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Sponsored By

Kevin Thomas

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2023-S6824 (ACTIVE) - Details

2023-S6824 (ACTIVE) - Summary

2023-S6824 (ACTIVE) - Sponsor Memo

2023-S6824 (ACTIVE) - Bill Text download pdf

Comments