Bill Text: NY S08004 | 2017-2018 | General Assembly | Introduced

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Bill Title: Establishes the commission on diversity in specialized schools.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2018-03-19 - REFERRED TO EDUCATION [S08004 Detail]

Download: New_York-2017-S08004-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          8004
                    IN SENATE
                                     March 19, 2018
                                       ___________
        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Education
        AN ACT in relation  to  establishing  the  commission  on  diversity  in
          specialized  schools;  and providing for the repeal of such provisions
          upon expiration thereof
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Commission established. (a) There is hereby created in the
     2  department of education a commission to be known as the  "commission  on
     3  diversity in specialized schools", hereafter referred to as the "commis-
     4  sion",  which  shall  be  charged  with examining the City of New York's
     5  specialized senior high schools' admission policies to evaluate  current
     6  diversity  initiatives and make recommendations on how to improve diver-
     7  sity in such schools.
     8    (b) The commission shall consist of 18 members. The 18  members  shall
     9  be  appointed  as  follows:  (i)  two  members shall be appointed by the
    10  temporary president of the senate; (ii) two members shall  be  appointed
    11  by  the  speaker of the assembly; (iii) one member shall be appointed by
    12  the minority leader of the senate; (iv) one member shall be appointed by
    13  the minority leader of the assembly; (v) two members shall be  appointed
    14  by  the  governor;  (vi) five members shall be appointed by the board of
    15  regents; (vii) two members appointed by the mayor of  the  City  of  New
    16  York;  and  (viii) three members appointed by the chancellor of the city
    17  school district of the City of New York.  The  board  of  regents  shall
    18  designate the chair from among the members of the commission.
    19    (c)  The  members  of the commission shall receive no compensation for
    20  their services as members, but shall be allowed their actual and  neces-
    21  sary  expenses  incurred  in the performance of their duties. Members of
    22  the commission shall be  considered  public  officers  for  purposes  of
    23  section 17 of the public officers law.
    24    (d)  The  commission  shall  begin to act 45 days after this act shall
    25  have become a law. A quorum shall consist of a majority of  the  members
    26  of  the  commission  entitled to vote on the matter under consideration.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15121-01-8
        S. 8004                             2
     1  Approval of any matter shall require the affirmative vote of a  majority
     2  of the members voting thereon.
     3    (e)  The members of the commission shall adopt by-laws for the manage-
     4  ment and regulation of its affairs.
     5    § 2. Appointments to commission. The legislative leaders,  the  gover-
     6  nor,  the  mayor  of the City of New York and the chancellor of the city
     7  school district of the City of New York shall submit their  appointments
     8  to  the  board  of regents, and the board of regents shall make appoint-
     9  ments, no later than 45 days after this act becomes a law. If  any  such
    10  appointment  is  not  made by such date, the person or board responsible
    11  for making the appointment pursuant to subdivision (b) of section one of
    12  this act may make the  appointment  after  that  date,  but  the  vacant
    13  appointment  shall  not  count  for  calculation of a quorum until it is
    14  filled. Vacancies in the commission shall be filled in the  same  manner
    15  as the member whose vacancy is being filled was appointed.
    16    §  3.  Commission  staff  and  agency liaison. (a) The commissioner of
    17  education shall designate such employees of the department of  education
    18  as  are  reasonably necessary to provide support services to the commis-
    19  sion. The commissioner of education shall appoint one or more  represen-
    20  tatives  of the department of education to serve as liaison between such
    21  department and the commission.
    22    (b) The chancellor of the city school district of the City of New York
    23  shall designate such employees of the city school district of  the  City
    24  of  New  York as are reasonably necessary to provide support services to
    25  the commission. The chancellor of the city school district of  the  City
    26  of  New  York shall appoint one or more representatives of the office of
    27  the chancellor of the city school district of the City of  New  York  to
    28  serve as liaison between such office and the commission.
    29    (c)  All  state  agencies,  public  authorities, public benefit corpo-
    30  rations and the city school district of  the  City  of  New  York  shall
    31  provide  such  assistance as may be reasonably requested by the chair of
    32  the commission.
    33    (d) The commission, acting by the chair of the commission, may  employ
    34  additional  staff and consultants, who shall be paid from amounts avail-
    35  able to the commission for that purpose.
    36    § 4. Factors and information for consideration. The chancellor of  the
    37  city school district of the City of New York shall submit to the commis-
    38  sion,  no later than ninety days after this act becomes a law, a list of
    39  all diversity initiatives currently used by the specialized senior  high
    40  schools.  The  chancellor  may  submit additional relevant factors to be
    41  considered in the deliberations of the commission.  The  commission  may
    42  also adopt additional factors to be considered in its deliberations.
    43    §  5.  Deliberations  of  commission.  The deliberations, meetings and
    44  other proceedings of the commission and any committee thereof  shall  be
    45  governed  by  article  7  of  the  public  officers law. Any one or more
    46  members of a committee may participate in a meeting of such committee by
    47  means of a conference telephone, conference video  or  similar  communi-
    48  cations  equipment  allowing all persons participating in the meeting to
    49  hear each other at the same time.   Participation by  such  means  shall
    50  constitute  presence  in  person  at  a  meeting. At any meetings of the
    51  commission conducted by means  of  a  conference  telephone,  conference
    52  video   or   similar  communications  equipment,  other  than  executive
    53  sessions, the public shall be given an opportunity to listen. If a meet-
    54  ing other than an executive session is to be conducted  by  means  of  a
    55  conference  telephone, conference video or similar communications equip-
    56  ment, the public notice for the meeting shall  inform  the  public  that
        S. 8004                             3
     1  such  equipment will be used, and identify the means by which the public
     2  may listen to such meeting.
     3    §  6.  Commission  recommendations. (a) The commission, upon consider-
     4  ation of demographic,  geographic,  educational  and  fiscal  indicators
     5  shall develop recommendations for improving diversity in the City of New
     6  York's  specialized  senior  high  schools.  Such  recommendations shall
     7  include, but not be limited to, changes in the schools' admission  proc-
     8  esses.  In  carrying out its functions, the commission shall collaborate
     9  with the city school district of the City of New York insofar as practi-
    10  cable to foster discussions among, and conduct  formal  public  hearings
    11  with  requisite  public notice to solicit input and recommendations from
    12  stakeholder interests including  but  not  limited  to  school  district
    13  administrators,  teachers, school board members, parents, students, non-
    14  pedagogical school support personnel, representatives  from  post-secon-
    15  dary  institutions  and  other  pertinent  groups  and  individuals. The
    16  commission shall formally solicit recommendations from  school  district
    17  administrators,  teachers, school board members, parents, students, non-
    18  pedagogical school support personnel, representatives  from  post-secon-
    19  dary institutions and other interested parties.
    20    (b)  The  commission  shall  make  recommendations  relating  to  each
    21  specialized senior high school.
    22    (c) On or before July 1, 2019, the commission shall  transmit  to  the
    23  governor,  the  legislature,  the  mayor of the City of New York and the
    24  chancellor of the city school district of the City of New York a  report
    25  containing  its  recommendations. Upon the transmission of the report to
    26  the governor and the legislature the commission shall be dissolved.
    27    § 7. Severability clause. If any clause, sentence, paragraph, subdivi-
    28  sion, section or part of this act shall be  adjudged  by  any  court  of
    29  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    30  impair, or invalidate the remainder thereof, but shall  be  confined  in
    31  its  operation  to the clause, sentence, paragraph, subdivision, section
    32  or part thereof directly involved in the controversy in which such judg-
    33  ment shall have been rendered. It is hereby declared to be the intent of
    34  the legislature that this act would  have  been  enacted  even  if  such
    35  invalid provisions had not been included herein.
    36    §  8.  This  act shall take effect immediately and shall expire and be
    37  deemed repealed June 30, 2020.