Bill Text: NY A02552 | 2009-2010 | General Assembly | Amended
Bill Title: Relates to the board of education in the city of Rochester; regulates school governance in the city of Rochester; enumerates the powers and duties of the board of education in such city; enumerates the powers and duties of the chancellor of schools in such city.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-01-12 - amended on third reading 2552a [A02552 Detail]
Download: New_York-2009-A02552-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2552--A
Cal. No. 214
2009-2010 Regular Sessions
I N A S S E M B L Y
January 20, 2009
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Education -- reported from committee, advanced to a third reading,
amended and ordered reprinted, retaining its place on the order of
third reading
AN ACT to amend the education law, in relation to the board of education
in the city of Rochester; and to repeal certain provisions of such law
relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The opening paragraph of section 2554 of the education law,
2 as amended by chapter 91 of the laws of 2002, is amended to read as
3 follows:
4 THE BOARD OF EDUCATION IN A CITY SHALL EXERCISE NO EXECUTIVE POWER AND
5 PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTION. Subject to the
6 provisions of this chapter, the board of education in a city, except the
7 city board of the city of New York, shall have the power and it shall be
8 its duty:
9 S 2. Subdivision 2 of section 2554 of the education law, as amended by
10 section 2 of part B of chapter 88 of the laws of 2000, is amended to
11 read as follows:
12 2. To create, abolish, maintain and consolidate such positions, divi-
13 sions, boards or bureaus as, in its judgment, may be necessary for the
14 proper and efficient administration of its work; to appoint a super-
15 intendent of schools, such associate, assistant, district and other
16 superintendents, [examiners,] directors, supervisors, principals, teach-
17 ers, lecturers, special instructors, medical inspectors, nurses, audi-
18 tors, attendance officers, secretaries, clerks, custodians, janitors and
19 other employees and other persons or experts in educational, social or
20 recreational work or in the business management or direction of its
21 affairs as said board shall determine necessary for the efficient
22 management of the schools and other educational, social, recreational
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05666-02-0
A. 2552--A 2
1 and business activities; provided, however, that in the city school
2 [districts] DISTRICT of the [cities] CITY of Buffalo [and Rochester]
3 appointment of associate, assistant and district superintendents, and
4 other supervising staff who are excluded from the right to bargain
5 collectively pursuant to article fourteen of the civil service law
6 shall, within the amounts budgeted for such positions, be by the super-
7 intendent of such city school district AND THOSE SO APPOINTED SHALL BE
8 IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR CIVIL SERVICE AND
9 RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN THE
10 CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER APPOINTMENT OF ASSOCIATE,
11 ASSISTANT, DISTRICT SUPERINTENDENTS AND OTHER CERTIFIED AND UNCERTIFIED
12 SUPERVISING STAFF AND RELATED ADMINISTRATIVE STAFF WHO ARE EXCLUDED FROM
13 THE RIGHT TO BARGAIN COLLECTIVELY PURSUANT TO ARTICLE FOURTEEN OF THE
14 CIVIL SERVICE LAW SHALL, WITHIN AMOUNTS BUDGETED FOR SUCH POSITIONS, BE
15 BY THE SUPERINTENDENT OF SUCH CITY SCHOOL DISTRICT AND THOSE SO
16 APPOINTED SHALL BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR
17 CIVIL SERVICE AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION
18 OF LAW; and to determine their duties except as otherwise provided here-
19 in.
20 S 3. Subdivision 2-a of section 2554 of the education law is REPEALED
21 and five new subdivisions 2-a, 2-b, 28, 29 and 30 are added to read as
22 follows:
23 2-A. IN ITS DISCRETION TO ADOPT A RESOLUTION ESTABLISHING THE OFFICE
24 OF AUDITOR, AND AT ANY TIME AFTER THE ESTABLISHMENT OF THE OFFICE OF
25 AUDITOR, TO ADOPT A RESOLUTION ABOLISHING THE OFFICE; PROVIDED, HOWEVER,
26 THAT THE SCHOOL DISTRICT OF THE CITY OF ROCHESTER SHALL ADOPT A RESOL-
27 UTION ESTABLISHING THE OFFICE OF AUDITOR, AND SHALL NOT ABOLISH SUCH
28 OFFICE. A BOARD OF EDUCATION WHICH HAS ESTABLISHED THE OFFICE OF AUDITOR
29 SHALL APPOINT AN AUDITOR WHO SHALL HOLD SUCH POSITION SUBJECT TO THE
30 PLEASURE OF THE BOARD. NO PERSON SHALL BE ELIGIBLE FOR APPOINTMENT TO
31 THE OFFICE OF AUDITOR WHO SHALL BE A MEMBER OF THE BOARD OF EDUCATION OR
32 THE SUPERINTENDENT OF SCHOOLS OR WHO SHALL HOLD ANY OTHER POSITION OR
33 PERFORM IN ANY CAPACITY WITHIN THE SCHOOL DISTRICT. WHEN THE OFFICE OF
34 AUDITOR SHALL HAVE BEEN ESTABLISHED AND AN AUDITOR QUALIFIED, THE POWERS
35 AND DUTIES OF THE BOARD OF EDUCATION WITH RESPECT TO AUDITING ACCOUNTS,
36 CHARGES, CLAIMS OR DEMANDS AGAINST THE CITY SCHOOL DISTRICT SHALL
37 DEVOLVE UPON AND THEREAFTER BE EXERCISED BY SUCH AUDITOR, DURING THE
38 CONTINUANCE OF THE OFFICE. THE AUDITOR SHALL HAVE ACCESS TO AND MAY
39 DEMAND PRODUCTION OF ANY RECORDS OF THE SCHOOL DISTRICT, INCLUDING BUT
40 NOT LIMITED TO ESTIMATES OF REVENUES, EXPENSES, INDEBTEDNESS AND CAPITAL
41 NEEDS AND PLANS, WHETHER IN DRAFT OR FINAL FORM WITH ALL BACK-UP INFOR-
42 MATION AND WORK PAPERS, AND WHETHER BEFORE OR AFTER SUBMISSION TO OR
43 APPROVAL BY THE SCHOOL BOARD.
44 2-B. IN ITS DISCRETION TO ASSIGN AN EXAMINER WITH POWER TO CONDUCT
45 INVESTIGATIONS AND HEARINGS ON BEHALF OF THE BOARD OF EDUCATION. EACH
46 EXAMINER SHALL HAVE ACCESS TO AND MAY REQUIRE THE PRODUCTION OF BOOKS,
47 PAPERS AND OTHER DOCUMENTS AND INFORMATION MATERIAL RELATED TO ANY
48 INVESTIGATION OR HEARING. EACH EXAMINER SHALL CONCLUDE AND REPORT THE
49 RESULT OF ANY SUCH INVESTIGATION OR HEARING TO THE BOARD OF EDUCATION NO
50 LATER THAN SIX MONTHS AFTER THE DATE OF AUTHORIZATION OF SUCH INVESTI-
51 GATION OR HEARING.
52 28. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO AUTHORIZE
53 CONTRACTS FOR GOODS AND SERVICES IN AMOUNTS OF FIFTY THOUSAND DOLLARS OR
54 MORE.
55 29. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, UPON RECEIPT
56 FROM THE SUPERINTENDENT, TO REVIEW AND EITHER RETURN TO THE SUPERINTEN-
A. 2552--A 3
1 DENT FOR AMENDMENT OR APPROVE AND FILE WITH THE MAYOR, PURSUANT TO
2 SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX OF THIS ARTICLE, THE ANNUAL
3 ITEMIZED ESTIMATE AND CAPITAL PLAN FOR THE DISTRICT. SUCH BUDGET AND
4 CAPITAL PLAN SHALL INCLUDE MULTI-YEAR PROJECTIONS OF REVENUES, EXPENSES,
5 INDEBTEDNESS AND CAPITAL NEEDS.
6 30. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO DEVELOP
7 JOINTLY, WITH THE SUPERINTENDENT, POLICIES AND PROCEDURES FOR THE
8 HIRING, FIRING AND EVALUATION OF ALL EMPLOYEES OF THE DISTRICT.
9 S 4. Subdivision 3 of section 2565 of the education law, as added by
10 chapter 302 of the laws of 1980, is amended to read as follows:
11 3. Notwithstanding the provisions of subdivisions one and two of this
12 section, the superintendent of schools of the Rochester city school
13 district shall serve [at the pleasure of the board of education] FOR A
14 TERM PURSUANT TO A CONTRACT; provided, however, that such term shall, in
15 no event, exceed a period of four years. FURTHER, THE SUPERINTENDENT
16 SHALL NOT BE REMOVED FROM OFFICE EXCEPT UPON THE VOTE OF TWO-THIRDS OF
17 THE MEMBERS OF THE BOARD.
18 S 5. Subdivision 6 of section 2566 of the education law, as amended by
19 chapter 263 of the laws of 2005, is amended to read as follows:
20 6. To have supervision and direction of associate, assistant, district
21 and other superintendents, directors, supervisors, principals, teachers,
22 lecturers, medical inspectors, nurses, claims auditors, attendance offi-
23 cers, janitors and other persons employed in the management of the
24 schools or the other educational activities of the city authorized by
25 this chapter and under the direction and management of the board of
26 education, except that in the city school [districts] DISTRICT of the
27 [cities] CITY of Buffalo [and Rochester] to also appoint, within the
28 amounts budgeted therefor, such associate, assistant and district super-
29 intendents and all other supervising staff who are excluded from the
30 right to bargain collectively pursuant to article fourteen of the civil
31 service law AND THOSE SO APPOINTED SHALL BE IN THE UNCLASSIFIED SERVICE
32 UPON SUCH APPOINTMENT FOR CIVIL SERVICE AND RELATED PURPOSES NOTWITH-
33 STANDING ANY OTHER PROVISION OF LAW, AND IN THE CITY SCHOOL DISTRICT OF
34 THE CITY OF ROCHESTER TO ALSO APPOINT, WITHIN AMOUNTS BUDGETED THEREFOR,
35 SUCH ASSOCIATE, ASSISTANT, DISTRICT SUPERINTENDENTS AND ALL OTHER CERTI-
36 FIED AND UNCERTIFIED SUPERVISING STAFF AND RELATED ADMINISTRATIVE STAFF
37 WHO ARE EXCLUDED FROM THE RIGHT TO BARGAIN COLLECTIVELY PURSUANT TO
38 ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW AND THOSE SO APPOINTED SHALL
39 BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR CIVIL SERVICE
40 AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW; to
41 transfer teachers from one school to another, or from one grade of the
42 course of study to another grade in such course, and to report imme-
43 diately such transfers to said board for its consideration and action;
44 to report to said board of education violations of regulations and cases
45 of insubordination, and to suspend an associate, assistant, district or
46 other superintendent, director, supervisor, expert, principal, teacher
47 or other employee until the next regular meeting of the board, when all
48 facts relating to the case shall be submitted to the board for its
49 consideration and action.
50 S 6. Section 2566 of the education law is amended by adding four new
51 subdivisions 10, 11, 12 and 13 to read as follows:
52 10. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO PREPARE
53 AND DELIVER TO THE BOARD OF EDUCATION FOR REVIEW AND APPROVAL AN ANNUAL
54 ITEMIZED ESTIMATE AS PROVIDED FOR IN SECTION TWENTY-FIVE HUNDRED SEVEN-
55 TY-SIX OF THIS ARTICLE AND AN EDUCATIONAL FACILITIES CAPITAL PLAN. EACH
56 SUCH ESTIMATE AND CAPITAL PLAN SHALL BE AT SUCH LEVEL OF DETAIL AS
A. 2552--A 4
1 NECESSARY SO AS TO ENABLE THE BOARD TO MAKE AN INFORMED REVIEW OF SUCH
2 ESTIMATE AND CAPITAL. ALSO, EACH SUCH ESTIMATE AND CAPITAL PLAN SHALL
3 INCLUDE A FOUR-YEAR PROJECTION OF ESTIMATED REVENUES, EXPENSES, CAPITAL
4 NEEDS, AND INDEBTEDNESS.
5 11. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO PREPARE
6 AND SUBMIT FOR EVERY PERIOD OF TWO MONTHS, IN A FORMAT APPROVED BY THE
7 BOARD OF EDUCATION AND THE MAYOR, A SUMMARY OF THE DISTRICT'S ACTUAL
8 REVENUES, EXPENSES, AND INDEBTEDNESS, AND COMPARING THE SAME WITH THE
9 ANNUAL ESTIMATE.
10 12. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO AUTHORIZE
11 CONTRACTS FOR GOODS AND SERVICES IN AMOUNTS LESS THAN FIFTY THOUSAND
12 DOLLARS.
13 13. IN THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, TO DEVELOP
14 JOINTLY, WITH THE BOARD OF EDUCATION, POLICIES AND PROCEDURES FOR THE
15 HIRING, FIRING, AND EVALUATION OF ALL EMPLOYEES OF THE DISTRICT.
16 S 7. Subdivision 3 of section 2573 of the education law, as amended by
17 section 4 of part B of chapter 88 of the laws of 2000, is amended to
18 read as follows:
19 3. Associate superintendents, examiners and all other employees
20 authorized by section twenty-five hundred fifty-four of this article,
21 except as otherwise provided in subdivision one of this section, shall
22 be appointed by the board of education except that in the city school
23 [districts] DISTRICT of the [cities] CITY of Buffalo [and Rochester],
24 the associate, assistant and district superintendents and all other
25 supervising staff who are excluded from the right to bargain collective-
26 ly pursuant to article fourteen of the civil service law shall be
27 appointed, within amounts budgeted therefor, by the superintendent of
28 such city school district AND THOSE SO APPOINTED SHALL BE IN THE UNCLAS-
29 SIFIED SERVICE UPON SUCH APPOINTMENT FOR CIVIL SERVICE AND RELATED
30 PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AND IN THE CITY
31 SCHOOL DISTRICT OF THE CITY OF ROCHESTER THE ASSOCIATE, ASSISTANT,
32 DISTRICT SUPERINTENDENTS AND ALL OTHER CERTIFIED AND UNCERTIFIED SUPER-
33 VISING STAFF AND RELATED ADMINISTRATIVE STAFF WHO ARE EXCLUDED FROM THE
34 RIGHT TO BARGAIN COLLECTIVELY PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL
35 SERVICE LAW SHALL BE APPOINTED, WITHIN AMOUNTS BUDGETED THEREFOR, BY THE
36 SUPERINTENDENT OF SUCH CITY SCHOOL DISTRICT AND THOSE SO APPOINTED SHALL
37 BE IN THE UNCLASSIFIED SERVICE UPON SUCH APPOINTMENT FOR CIVIL SERVICE
38 AND RELATED PURPOSES NOTWITHSTANDING ANY OTHER PROVISION OF LAW. In a
39 city having a population of one million or more, such appointments shall
40 be made on nomination of the superintendent of schools. Notwithstanding
41 any other provision in this chapter to the contrary, whenever an associ-
42 ate superintendent of schools in the employ of the board of education in
43 a city having a population of one million or more fails of reappoint-
44 ment, said person shall be immediately appointed an assistant super-
45 intendent of schools with permanent appointment as said term permanent
46 appointment is defined in subdivisions four, five and six of this
47 section. The salary of such assistant superintendent shall be less than
48 the salary of an associate superintendent, but said differential in
49 salary shall not exceed ten per centum of the annual salary of an asso-
50 ciate superintendent of schools. When, however, an associate super-
51 intendent of schools who fails of reappointment has to his credit thirty
52 or more years of city service including ten or more years of service as
53 such associate superintendent of schools, he shall suffer no reduction
54 of salary or of pension prospects while serving as such assistant super-
55 intendent of schools.
A. 2552--A 5
1 S 8. This act shall take effect immediately; provided, however, that
2 sections one through seven of this act shall take effect July 1, 2010;
3 provided, further, that the amendments to the opening paragraph of
4 section 2554 of the education law made by section one of this act shall
5 not affect the expiration of such opening paragraph and shall be deemed
6 to expire therewith.
