Bill Text: NY A03944 | 2011-2012 | General Assembly | Introduced

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Bill Title: Establishes the office of ombudsman for public schools to investigate and report upon complaints of environmental, health and safety conditions in public schools; provides that such office shall operate independent of the board of regents and the education department.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2012-01-04 - referred to education [A03944 Detail]

Download: New_York-2011-A03944-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3944
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 31, 2011
                                      ___________
       Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
         Committee on Education
       AN ACT to amend the education  law,  in  relation  to  establishing  the
         office of ombudsman for public schools
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section  103-a
    2  to read as follows:
    3    S  103-A.  OFFICE  OF  OMBUDSMAN  FOR PUBLIC SCHOOLS. 1. THE OFFICE OF
    4  OMBUDSMAN FOR PUBLIC SCHOOLS IS HEREBY CREATED WITHIN THE DEPARTMENT  TO
    5  INDEPENDENTLY INVESTIGATE COMPLAINTS OF ENVIRONMENTAL, HEALTH AND SAFETY
    6  VIOLATIONS AND CONCERNS IN PUBLIC SCHOOLS; AND TO PROVIDE INFORMATION TO
    7  THE  PUBLIC  ON  HOW  TO  FILE SUCH COMPLAINTS AND THE REQUIREMENTS THAT
    8  PUBLIC SCHOOLS MUST COMPLY WITH RELATING TO  ENVIRONMENTAL,  HEALTH  AND
    9  SAFETY  ISSUES.   SUCH OFFICE SHALL ACT INDEPENDENTLY OF THE DEPARTMENT,
   10  AND SHALL NOT BE SUBJECT TO THE CONTROL OR SUPERVISION OF  THE  REGENTS,
   11  DEPARTMENT OR COMMISSIONER. THE OFFICE OF THE OMBUDSMAN SHALL BE SUBJECT
   12  TO THE CONTROL AND SUPERVISION OF THE BOARD THEREOF.
   13    2.  THE  BOARD  OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL BE
   14  COMPOSED OF NINE MEMBERS TO BE APPOINTED BY THE REGENTS.  THE MEMBERS OF
   15  SUCH BOARD SHALL EACH SERVE A TERM OF OFFICE OF  FIVE  YEARS;  PROVIDED,
   16  HOWEVER,  THAT  THE  INITIAL  APPOINTEES  TO  THE  BOARD SHALL SERVE THE
   17  FOLLOWING TERMS OF OFFICE:  TWO MEMBERS SHALL SERVE TERMS OF  ONE  YEAR;
   18  TWO  MEMBERS  SHALL  SERVE  TERMS  OF TWO YEARS; TWO MEMBERS SHALL SERVE
   19  TERMS OF THREE YEARS; TWO MEMBERS SHALL SERVE TERMS OF FOUR  YEARS;  AND
   20  ONE  MEMBER  SHALL SERVE A TERM OF FIVE YEARS. THE MEMBERS OF SUCH BOARD
   21  SHALL BE BROADLY REPRESENTATIVE OF THE GEOGRAPHIC AREAS  OF  THE  STATE,
   22  AND  SHALL HAVE EXPRESSED AN ACTIVE INTEREST IN OR OBTAINED PROFESSIONAL
   23  KNOWLEDGE IN ENVIRONMENTAL,  HEALTH  AND  SAFETY  CONDITIONS  IN  PUBLIC
   24  SCHOOLS.  THE  CHAIR  OF THE BOARD SHALL BE DESIGNATED BY THE BOARD FROM
   25  AMONGST ITS MEMBERS. VACANCIES IN THE MEMBERSHIP OF THE BOARD  SHALL  BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05270-01-1
       A. 3944                             2
    1  FILLED  IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS. THE MEMBERS OF
    2  THE BOARD SHALL RECEIVE NO COMPENSATION FOR THEIR SERVICES, BUT SHALL BE
    3  ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE  PERFORMANCE
    4  OF THEIR DUTIES PURSUANT TO THIS SECTION.
    5    3.  THE BOARD OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL HAVE
    6  A QUORUM OF SIX MEMBERS FOR THE CONDUCT OF BUSINESS.  SUCH  BOARD  SHALL
    7  ALSO:
    8    A.  PROMULGATE  RULES AND REGULATIONS NECESSARY TO EXERCISE THE POWERS
    9  AND DUTIES OF THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS;
   10    B. EMPLOY AND AT PLEASURE REMOVE AN EXECUTIVE DIRECTOR AND SUCH  OTHER
   11  PERSONNEL  AS IT MAY DEEM NECESSARY FOR THE PERFORMANCE OF SUCH OFFICE'S
   12  FUNCTIONS, AND FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE  AVAILABLE
   13  THEREFOR;
   14    C. HOLD PUBLIC HEARINGS;
   15    D.  HAVE  ALL  THE  POWERS  OF A LEGISLATIVE COMMITTEE PURSUANT TO THE
   16  LEGISLATIVE LAW;
   17    E. BE ENTITLED TO  REQUEST  AND  RECEIVE  AND  SHALL  UTILIZE  AND  BE
   18  PROVIDED  WITH  SUCH FACILITIES, RESOURCES AND DATA OF THE DEPARTMENT AS
   19  IT MAY REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS  AND  DUTIES,
   20  AND THOSE OF THE OFFICE;
   21    F.  BE  ENTITLED  TO  REQUEST  AND  RECEIVE  AND  SHALL UTILIZE AND BE
   22  PROVIDED WITH SUCH RESOURCES, DATA AND INFORMATION OF THE DEPARTMENT  OF
   23  HEALTH  AND  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  AS IT MAY
   24  REASONABLY REQUEST TO CARRY OUT PROPERLY IT POWERS AND DUTIES, AND THOSE
   25  OF THE OFFICE;
   26    G. BE ENTITLED TO  REQUEST  AND  RECEIVE  AND  SHALL  UTILIZE  AND  BE
   27  PROVIDED  WITH  SUCH  RESOURCES,  DATA  AND  INFORMATION  BY  ANY SCHOOL
   28  DISTRICT AS IT MAY REASONABLY REQUEST TO PROPERLY  CONDUCT  AN  INVESTI-
   29  GATION OF A COMPLAINT PURSUANT TO THIS SECTION;
   30    H.  ESTABLISH AND OPERATE A TOLL-FREE TELEPHONE NUMBER AND AN INTERNET
   31  WEBSITE AT WHICH INTERESTED PERSONS CAN OBTAIN  INFORMATION  ON  HOW  TO
   32  FILE  A  COMPLAINT WITH THE OFFICE AND INFORMATION ON THE ENVIRONMENTAL,
   33  HEALTH AND SAFETY REQUIREMENTS FOR PUBLIC SCHOOLS;
   34    I. ESTABLISH AND CONDUCT A  PUBLIC  INFORMATION  CAMPAIGN  TO  PROVIDE
   35  AWARENESS OF THE POWERS AND DUTIES OF SUCH OFFICE;
   36    J. HAVE SUBPOENA POWERS AND THE POWER TO COMPEL THE SWORN TESTIMONY OF
   37  ANY WITNESS WHICH THE EXECUTIVE DIRECTOR DEEMS NECESSARY IN THE SCOPE OF
   38  ANY INVESTIGATION AUTHORIZED BY THIS SECTION; AND
   39    K.  RECEIVE  AND  INVESTIGATE  COMPLAINTS FROM ANY PERSONS RELATING TO
   40  ENVIRONMENTAL, HEALTH AND SAFETY ISSUES IN PUBLIC SCHOOLS.
   41    4. THE OFFICE OF OMBUDSMAN FOR PUBLIC SCHOOLS SHALL,  NOT  LATER  THAN
   42  SEVEN  DAYS  AFTER THE RECEIPT OF A COMPLAINT, COMMENCE AN INVESTIGATION
   43  OF SUCH COMPLAINT. NOT MORE THAN THIRTY DAYS AFTER COMMENCING AN  INVES-
   44  TIGATION,  SUCH  OFFICE  SHALL  SEND A PRELIMINARY WRITTEN REPORT OF THE
   45  INITIAL INVESTIGATION TO THE COMPLAINANT. UPON FINAL  COMPLETION  OF  AN
   46  INVESTIGATION,  THE  OFFICE SHALL SEND A FINAL REPORT OF ITS FINDINGS TO
   47  THE COMPLAINANT, THE SCHOOL DISTRICT, AND ANY LOCAL, STATE AND/OR FEDER-
   48  AL AGENCY HAVING JURISDICTION OVER THE ISSUE INVESTIGATED,  AND  TO  THE
   49  APPROPRIATE  DISTRICT  ATTORNEY  OR  THE  ATTORNEY  GENERAL  IF CRIMINAL
   50  VIOLATIONS ARE ALLEGED TO HAVE OCCURRED.
   51    5. ANNUALLY, ON OR BEFORE SEPTEMBER FIRST, THE OFFICE OF OMBUDSMAN FOR
   52  PUBLIC SCHOOLS SHALL SUBMIT A REPORT TO THE GOVERNOR,  TEMPORARY  PRESI-
   53  DENT  OF  THE  SENATE,  SPEAKER OF THE ASSEMBLY AND REGENTS, WHICH SHALL
   54  INCLUDE THE NUMBER AND TYPES OF COMPLAINTS RECEIVED DURING THE  PREVIOUS
   55  SCHOOL  YEAR,  THE  RESULTS  OF  THE INVESTIGATIONS CONDUCTED DURING THE
       A. 3944                             3
    1  PREVIOUS SCHOOL YEAR, AND RECOMMENDATIONS FOR THE IMPROVEMENT  OF  ENVI-
    2  RONMENTAL, HEALTH AND SAFETY CONDITIONS IN PUBLIC SCHOOLS.
    3    S  2.  This act shall take effect on the first of July next succeeding
    4  the date on which it shall have become a law.