Bill Text: NY S02864 | 2013-2014 | General Assembly | Amended
Bill Title: Relates to the school governance of the New York city school system and establishes a city-wide council on the arts, the commission on public safety in the city school district of the city of New York and the parent and student training center within the department of education; appropriates $3,200,000 therefor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-28 - PRINT NUMBER 2864A [S02864 Detail]
Download: New_York-2013-S02864-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
2864--A
2013-2014 Regular Sessions
I N S E N A T E
January 24, 2013
___________
Introduced by Sen. SMITH -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance -- recommitted to
the Committee on Finance in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the education law, in relation to the governance of the
city school system for the city of New York; creating a temporary
commission on public safety in the city school district of the city of
New York; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The section heading of section 2590-b of the education law,
2 as amended by chapter 345 of the laws of 2009, is amended to read as
3 follows:
4 Continuation of city board and establishment of community districts;
5 establishment of the city-wide councils on special education, English
6 language learners, THE ARTS, and high schools.
7 S 2. Subdivision 7 of section 2590-b of the education law is renum-
8 bered subdivision 8 and a new subdivision 7 is added to read as follows:
9 7. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON THE ARTS CREATED PURSUANT
10 TO THIS SECTION. THE CITY-WIDE COUNCIL ON THE ARTS SHALL CONSIST OF
11 THIRTEEN VOTING MEMBERS AND ONE NON-VOTING MEMBER, AS FOLLOWS:
12 (I) TEN VOTING MEMBERS WHO SHALL BE PARENTS OF STUDENTS ATTENDING
13 PUBLIC SCHOOLS. TWO MEMBERS REPRESENTING EACH BOROUGH SHALL BE SELECTED
14 BY PRESIDENTS AND OFFICERS OF THE PARENT-TEACHERS' ASSOCIATIONS IN THE
15 RELEVANT BOROUGH, PURSUANT TO A PROCESS ESTABLISHED BY THE CHANCELLOR.
16 SUCH MEMBERS SHALL SERVE A TWO YEAR TERM;
17 (II) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT WITH AN
18 INDIVIDUALIZED EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED BY THE
19 CITY-WIDE COUNCIL ON SPECIAL EDUCATION, AND SHALL SERVE A TWO YEAR TERM;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07226-02-4
S. 2864--A 2
1 (III) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT IN A BILIN-
2 GUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAM CONDUCTED IN A PUBLIC
3 SCHOOL. SUCH MEMBER SHALL BE APPOINTED BY THE CITY-WIDE COUNCIL ON
4 ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;
5 (IV) ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
6 NEW YORK, WHO SHALL BE A RESIDENT OF THE CITY AND SHALL HAVE EXTENSIVE
7 BUSINESS, TRADE, OR EDUCATION EXPERIENCE AND KNOWLEDGE WHO WILL MAKE A
8 SIGNIFICANT CONTRIBUTION TO IMPROVING EDUCATION IN THE CITY DISTRICT.
9 SUCH MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AND
10 (V) ONE NON-VOTING MEMBER WHO IS A PUBLIC HIGH SCHOOL SENIOR,
11 APPOINTED BY THE CHANCELLOR PURSUANT TO A PROCESS DEVELOPED BY THE CHAN-
12 CELLOR. SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
13 OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO
14 ARE CANDIDATES IN THE SELECTION PROCESS ESTABLISHED BY THE CHANCELLOR
15 PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH
16 SELECTION PROCESS. THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE IN THE
17 PLACE OF EACH SUCH OFFICER FOR PURPOSES OF THE SELECTION PROCESS.
18 (B) THE CITY-WIDE COUNCIL ON THE ARTS SHALL HAVE THE POWER TO:
19 (I) ADVISE AND COMMENT ON ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
20 INVOLVING THE ARTS;
21 (II) ISSUE AN ANNUAL REPORT ON COMPLIANCE WITH STATE REGULATIONS
22 GOVERNING ARTS EDUCATION, THE EFFECTIVENESS OF THE CITY DISTRICT IN
23 PROVIDING ARTS INSTRUCTION AND PROGRAMMING TO PUBLIC SCHOOL STUDENTS,
24 AND MAKING RECOMMENDATIONS, AS APPROPRIATE, ON HOW TO IMPROVE THE
25 ADEQUACY, EFFICIENCY AND DELIVERY OF SUCH SERVICES; AND
26 (III) HOLD AT LEAST ONE MEETING PER MONTH OPEN TO THE PUBLIC AND
27 DURING WHICH THE PUBLIC MAY DISCUSS ISSUES FACING THE DESIGN, IMPLEMEN-
28 TATION AND EFFECTIVENESS ON ARTS CURRICULUM AND PROGRAMMING IN THE
29 SCHOOLS.
30 (C) VACANCIES SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
31 COUNCIL ON HIGH SCHOOLS, PURSUANT TO A PROCESS DEVELOPED BY THE CHANCEL-
32 LOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF STUDENTS ATTENDING
33 PUBLIC HIGH SCHOOL; PROVIDED, HOWEVER, THAT WHERE A VACANCY OCCURS IN A
34 POSITION APPOINTED BY THE PUBLIC ADVOCATE, THE PUBLIC ADVOCATE SHALL
35 APPOINT A MEMBER TO SERVE THE REMAINDER OF THE UNEXPIRED TERM.
36 S 3. Paragraph (a) of subdivision 1 of section 2590-c of the education
37 law, as amended by chapter 345 of the laws of 2009, is amended to read
38 as follows:
39 (a) Nine voting members shall be parents whose children are attending
40 a school under the jurisdiction of the community district, or have
41 attended a school under the jurisdiction of the community district with-
42 in the preceding two years, and shall be selected by the presidents and
43 officers of the parents' association or parent-teachers' association.
44 Such members shall serve for a term of two years, AND MAY NOT SERVE MORE
45 THAN TWO TERMS. Presidents and officers of parents' associations or
46 parent-teachers' associations who are candidates in the selection proc-
47 ess pursuant to this section shall not be eligible to cast votes in such
48 selection process. The association shall elect a member to vote in the
49 place of each such president or officer for the purposes of the
50 selection process.
51 S 4. 1. A temporary state commission, to be known as the commission on
52 public safety in the city school district of the city of New York, and
53 hereinafter referred to as the commission, is hereby created to examine,
54 evaluate and make recommendations concerning the impact that the current
55 chancellor's regulations and New York police department policies have on
S. 2864--A 3
1 student safety, welfare, and achievement. Specifically the commission
2 shall examine at least the following:
3 (a) the impact police and school safety officers have had on student
4 safety and a safe learning environment;
5 (b) the methodology used to determine how many school safety and secu-
6 rity officers are assigned to each school;
7 (c) the impact of law enforcement presence and activities on student
8 rights and emotional welfare; and
9 (d) the appropriateness of the chancellor's current regulations.
10 2. The commission shall consist of twelve members, to be appointed as
11 follows: one member to be appointed by the New York city chancellor, one
12 member appointed by the New York city police commissioner, one member by
13 the speaker of the New York city council, one member by the New York
14 city public advocate, one by the collective bargaining unit representing
15 public school teachers, one appointed by the organization representing
16 New York city school supervisors, one appointed by the organization
17 representing police officers in the city of New York and each borough
18 president shall appoint one parent of a public school student who
19 resides in the borough. The members of the temporary state commission
20 established pursuant to this section shall be appointed no later than
21 January 15, 2015 and shall convene the first meeting of the commission
22 no later than January 22, 2015. The commission shall elect a chair, a
23 vice-chair and a secretary from amongst its members. Notwithstanding the
24 provisions of section 74 of the public officers law, section 806 of the
25 general municipal law or any other provision of law, membership on the
26 commission of any state or municipal officer or employee shall not
27 constitute the violation of any code of ethics or a conflict of inter-
28 est. The commission shall meet at least monthly. Vacancies in the
29 membership of the commission and among its officers shall be filled in
30 the manner provided for original appointments.
31 3. The commission may meet within and without the state, shall hold
32 public hearings, and shall have all the powers of a legislative commit-
33 tee pursuant to the legislative law. The commission shall hold at least
34 one hearing in each borough of New York city to solicit input from
35 members of the public, students, and community based organizations. Such
36 hearings shall be publicized in such manner as to solicit maximum public
37 participation. The members of the commission shall select the commission
38 chair.
39 4. The members of the commission shall receive no compensation for
40 their services.
41 5. To the maximum extent feasible, the commission shall be entitled to
42 request and receive, and shall utilize and be provided with such facili-
43 ties, resources and data of any department, division, board, bureau,
44 commission or agency of the state or any political subdivision thereof
45 as it may reasonably request to properly carry out its powers and duties
46 pursuant to this section. The speaker of the city council shall provide
47 administrative support as necessary for the commission to carry out
48 powers and duties of the commission.
49 6. The commission shall make a report to the chancellor of New York
50 city schools, the city board, the New York city police department, the
51 mayor of New York city, the speaker of the New York city council, the
52 commissioner of education, and the chair and ranking member of the
53 senate and assembly education committees of its findings, conclusions
54 and recommendations on or before January 16, 2016, and shall submit with
55 such report such legislative proposals as it deems necessary to imple-
56 ment its recommendations.
S. 2864--A 4
1 7. The temporary state commission established pursuant to this section
2 shall expire and be terminated on the first day next succeeding the date
3 of the submission of its report as provided in subdivision six of this
4 section, and the chairperson of the temporary commission shall notify
5 the legislative bill drafting commission upon the submission of the
6 commission's report as provided for in subdivision six of this section
7 in order that the commission may maintain an accurate and timely effec-
8 tive data base of the official text of the laws of the state of New York
9 in furtherance of effecting the provisions of section 44 of the legisla-
10 tive law and section 70-b of the public officers law.
11 S 5. Operation of a parent and student training center. 1. The Metro-
12 politan Center for Urban Education at New York University, Steinhardt
13 School of Culture, Education, and Human Development shall operate a
14 parent and student training center, known as the parent and student
15 training center ("center") for the support and training of parents or
16 persons in parental relation to a student or students attending public
17 school in the city of New York, and students attending public schools in
18 the city of New York. The center shall design and implement programs for
19 parent and student engagement within public schools in the city of New
20 York, coordinating, where appropriate, with the city school district of
21 the city of New York. The center shall:
22 (a) conduct outreach, recruitment, training and support programs for
23 parents and students in order to increase their capacity to participate
24 in and engage with local, district, and city-wide school governance and
25 participatory structures designed to support and include parental and
26 student input including but not limited to school leadership teams,
27 community education councils, district leadership teams, parent associ-
28 ations, city-wide councils and other existing formal governance and
29 participatory structures designed to support and include parental and
30 student input;
31 (b) implement programs to enhance parents' and students' ability to
32 support students' educational success;
33 (c) assist parents and students in interacting with city school
34 district personnel and in developing an understanding of the function,
35 structure and operations of the city of New York department of educa-
36 tion, including providing basic information concerning school improve-
37 ment strategies, school budget procedures and state and city structures
38 and policies that impact education, and the effect of such strategies,
39 procedures, structures and policies on the education being provided by
40 the student's school; and
41 (d) ensure successful establishment and implementation of student
42 success centers as pilot projects designed to increase the rate of
43 college enrollment and train students to become youth leaders, including
44 administering subcontracts between community-based organizations and the
45 city school district for the implementation of student success centers
46 in public high schools, with preference being given to existing student
47 success centers, providing technical assistance to community-based
48 organizations to successfully implement student success centers, and
49 conducting annual evaluations of each student success center. At least
50 $600,000 annually of total annual funds appropriated to the center shall
51 be provided in the form of annual subcontracts to student success
52 centers.
53 2. Priority in designing and implementing programs shall be given to
54 schools and districts in which there is low overall academic achievement
55 by students or which have a high density of English language learning
S. 2864--A 5
1 students or low-income families. Schools with ineffective parent associ-
2 ations or without parent associations shall receive target support.
3 3. Upon request by the center, the city school district shall provide
4 the center with the names and contact information of the officers of
5 parent associations, members of councils of presidents, members of the
6 chancellor's parent advisory council, members of community education
7 councils, members of school leadership teams, members of district lead-
8 ership teams, and members of the city-wide councils.
9 4. The center shall be strictly non-partisan, shall not engage in
10 issues of advocacy, and shall remain neutral in all policy matters and
11 disputes.
12 S 6. The sum of three million two hundred thousand dollars
13 ($3,200,000) is hereby appropriated to the parent and student training
14 center created pursuant to section five of this act out of any moneys in
15 the treasury of the city of New York in the fund set aside for the city
16 school district of the city of New York to the credit of the city
17 account not otherwise appropriated, to be paid as follows: (a) the sum
18 of one million six hundred thousand dollars ($1,600,000) to be paid out
19 during the fiscal year that the center is established; and (b) the sum
20 of one million six hundred thousand dollars ($1,600,000) to be paid out
21 in the fiscal year immediately following the fiscal year that the center
22 is established.
23 S 7. This act shall take effect immediately; provided, however, that
24 the amendments to section 2590-b of the education law made by sections
25 one and two of this act, and the amendments to section 2590-c of the
26 education law made by section three of this act shall not affect the
27 expiration or repeal of such provisions and shall expire and be deemed
28 repealed therewith.
