NY State Senate Bill 2025-S3720

Current 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 29, 2025	referred to education

2025-S3720 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §2590-g, Ed L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7673
2013-2014: S3615
2015-2016: S2824
2017-2018: S2629
2019-2020: S401
2021-2022: S4494
2023-2024: S2840

2025-S3720 (ACTIVE) - Summary

Enacts the "New York city board for education policy members public responsibility act" requiring a quorum of the members of the city board to attend any hearing scheduled for purposes of allowing public comment on changes to educational plans for the school district of the city of New York.

2025-S3720 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3720

SPONSOR: LANZA
 
TITLE OF BILL:

An act to amend the education law, in relation to enacting the "New York
city board for education policy members public responsibility act"

 
PURPOSE:

An act to amend the education law to require a quorum of the board
members to attend any public hearing scheduled for the purposes of
allowing public comment on changes to education plans for public schools
within New York City school districts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill provides that the act shall be known as the New
York City Board For Education Policy Members Public Responsibility Act"

Section two of the bill adds paragraph (d) to subdivision 8 of § 2590-0
of the education law. Subparagraph (i) requires a quorum of the members

of the board for education policy which must attend any hearing sched-
uled for purposes of allowing public comment as provided for in this
section. The board shall not vote on a proposal unless there is a quorum
of the members of the board. Subparagraph (ii) defines "attendance" and
"quorum" for purposes of this new legislation. Subparagraph (iii) stipu-
lates that if the board or chancellor determines that immediate adoption
of an item requiring the approval of the board is necessary for the
preservation of student health, safety, or general welfare and that
compliance with the quorum requirements would be contrary to the public
interest, then the item may be adopted at a meeting of the board on an
emergency basis provided that the panel or chancellor provide written
justification for the determination and make it available to the public
on the board's website. Any item adopted pursuant to this subparagraph
will only remain in effect for sixty days. The board would be required
to meet the requirements of subparagraph (i) of this section for the
item to be adopted on permanently.

Section four of the bill provides the effective date.

 
JUSTIFICATION:

The New York City Board for Education Policy (PEP) is the highest deci-
sion making body for educational policy in the New York City school
district. The PEP, as envisioned and structured by the legislature when
mayoral control was enacted, is an independent body, empowered to make
the final judgment and decisions on education matters including school
specific issues. It is clear that it was the intent of the legislature
to require that the members of this Board participate in public hearings
prior to voting and taking final actions on policy decisions affecting
millions of families in the New York City school district. Board
members' lack of attendance at the public hearings regarding proposals
for significant changes in school utilization plans i.e., school
closures and co-locations, reflect a subterfuge approach and a mockery
of the democratic process required under state laws. The rights of ordi-
nary citizens to appear before the actual members of the body who will
cast the final vote is an indispensable cog of democracy. Under current
practice, parents and communities are compelled to express their
concerns and views with regard to proposed changes to their school at
public hearings held by a DOE administrator, not members of t he Board.
This practice under Mayoral school control has purposefully circumvented
the legislature's intent to provide the public with a direct voice to
final decision makers.  The Board members who primarily vote its
approval of the Chancellor and DOE's recommendations without the
required attendance and participation, are provided with the convenient
opportunity to shirk their public responsibility which comes with the
oath of office.

Enactment of this bill into law will not only clarify the legislature's
intent, but also close this loophole and establish a mechanism that
enforces the law and public responsibility of each Board member.

 
PRIOR LEGISLATIVE HISTORY:

2024: 5.2840 - Referred to NYC Education

2023: S.2840 - Referred to NYC Education

2022: 5.4494 - Referred to NYC Education

2021: S.4494 - Referred to NYC Education

2020: S401- Referred to NYC Education / A6486 Referred to Education

2019: 5401- Referred to NYC Education / A6486 Referred to Education

2018: S.2629-8 - Passed Senate / A.2949-B - Referred to Education

2017: S.2629-A - Passed Senate / A.2949-A - Referred to Education

2016: S.2824 - Passed Senate / A.6431 - Referred to Education

2015: S.2824 - Passed Senate / A.6431 - Referred to Education

2014: S.3615 - Referred to Education / A.4811 - Referred to Education

2013: S.3615 - Referred to Education / A.4811 - Referred to Education

2012: S.7673  - Referred to Rules / A.10409 - Referred to Education

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately; provided, however, that the amendments to 5 2590g of the
education law made by section two of this act shall not affect the expi-
ration of such section and shall be deemed to expire therewith

2025-S3720 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3720
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2025
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed 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.
                                                            LBD07424-01-5

 S. 3720                             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
 S. 3720                             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, as
 amended, when upon such date the provisions of section three of this act
 shall take effect.

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Senate Bill S3720

Sponsored By

Current Bill Status - In Senate Committee Education Committee

2025-S3720 (ACTIVE) - Details

2025-S3720 (ACTIVE) - Summary

2025-S3720 (ACTIVE) - Sponsor Memo

2025-S3720 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S3720

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Sponsored By

Andrew J. Lanza

Current Bill Status - In Senate Committee Education Committee

2025-S3720 (ACTIVE) - Details

2025-S3720 (ACTIVE) - Summary

2025-S3720 (ACTIVE) - Sponsor Memo

2025-S3720 (ACTIVE) - Bill Text download pdf

Comments