S T A T E O F N E W Y O R K
________________________________________________________________________
8442
I N S E N A T E
July 14, 2010
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT in relation to establishing the commission on education in the
twenty-first century; 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 executive department a commission to be known as the "commission on
3 education in the twenty-first century", hereafter referred to as the
4 "commission", which shall be charged with examining the system of school
5 districts and the delivery of education related services in New York
6 state and recommending changes to that system in light of factors
7 submitted pursuant to section four of this act and any additional
8 factors established by the commission.
9 (b) The commission shall consist of eighteen statewide members, and
10 regional members appointed pursuant to section six of this act. The
11 eighteen statewide members shall be appointed as follows: (i) two
12 members shall be appointed by the temporary president of the senate;
13 (ii) two members shall be appointed by the speaker of the assembly;
14 (iii) one member shall be appointed by the minority leader of the
15 senate; (iv) one member shall be appointed by the minority leader of the
16 assembly; (v) two members shall be appointed by the governor; and (vi)
17 ten members shall be appointed by the board of regents. The board of
18 regents shall designate the chair from among the statewide members of
19 the commission.
20 (c) The members of the commission shall receive no compensation for
21 their services as members, but shall be allowed their actual and neces-
22 sary expenses incurred in the performance of their duties. Members of
23 the commission shall be considered public officers for purposes of
24 section 17 of the public officers law.
25 (d) The commission shall begin to act forty-five days after this act
26 shall have become a law. A quorum shall consist of a majority of the
27 members of the commission entitled to vote on the matter under consider-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15046-02-0
S. 8442 2
1 ation. Approval of any matter shall require the affirmative vote of a
2 majority of the members voting thereon.
3 (e) The statewide members of the commission shall adopt by-laws for
4 the management and regulation of its affairs.
5 S 2. Appointments to commission. The legislative leaders and the
6 governor shall submit their appointments to the board of regents, and
7 the board of regents shall make appointments, no later than forty-five
8 days after this act becomes a law. If any such appointment is not made
9 by such date, the person or board responsible for making the appointment
10 pursuant to subdivision (b) of section one of this act may make the
11 appointment after that date, but the vacant appointment shall not count
12 for calculation of a quorum until it is filled. Vacancies in the commis-
13 sion shall be filled in the same manner as the member whose vacancy is
14 being filled was appointed.
15 S 3. Commission staff and agency liaison. (a) The commissioner of
16 education shall designate such employees of the state education depart-
17 ment as are reasonably necessary to provide support services to the
18 commission. The commission, acting by the chair of the commission, may
19 employ additional staff and consultants, who shall be paid from amounts
20 available to the commission for that purpose.
21 (b) The commissioner of education shall appoint one or more represen-
22 tatives of the department of education to serve as liaison between such
23 department and the commission. All state agencies, public authorities
24 and public benefit corporations shall provide such assistance as may be
25 reasonably requested by the chair of the commission.
26 S 4. Factors and information for consideration. (a) The commissioner
27 of education shall submit to the commission, no later than ninety days
28 after this act becomes a law, a list of factors to be considered in its
29 deliberations, which shall include but not be limited to: (i) geography,
30 including physical proximity and the size of the current school
31 districts and boards of cooperative educational services in each region
32 of the state; (ii) demographics, including student enrollment trends and
33 the composition and nature of communities in the current school
34 districts and boards of cooperative educational services in each region
35 of the state; (iii) economics, including existing collaborations to be
36 preserved or enhanced and opportunities to deliver commodities and
37 services through boards of cooperative educational services or other
38 entities; (iv) transportation and the potential for regional transporta-
39 tion services; (v) special education and the potential for regional
40 special education services; (vi) population density; and (vii) other
41 unique circumstances including the need to preserve existing or develop-
42 ing relationships, meet the needs of students, maximize educational
43 opportunities for students, assure local control, maintain the character
44 of community schools and ensure equitable access to rigorous programs
45 for all students.
46 (b) The commissioner of education may submit additional relevant
47 factors to be considered in the deliberations of the commission. The
48 commission may also adopt additional factors to be considered in its
49 deliberations.
50 S 5. Deliberations of commission. The deliberations, meetings and
51 other proceedings of the commission and any committee thereof shall be
52 governed by article 7 of the public officers law. Any one or more
53 members of a committee may participate in a meeting of such committee by
54 means of a conference telephone, conference video or similar communi-
55 cations equipment allowing all persons participating in the meeting to
56 hear each other at the same time. Participation by such means shall
S. 8442 3
1 constitute presence in person at a meeting. At any meetings of the
2 commission conducted by means of a conference telephone, conference
3 video or similar communications equipment, other than executive
4 sessions, the public shall be given an opportunity to listen. If a meet-
5 ing other than an executive session is to be conducted by means of a
6 conference telephone, conference video or similar communications equip-
7 ment, the public notice for the meeting shall inform the public that
8 such equipment will be used, and identify the means by which the public
9 may listen to such meeting.
10 S 6. Regional input. (a) There shall be eight regional members of the
11 commission for each region established pursuant to this section. For
12 each region, two regional members shall be appointed by the governor,
13 two regional members shall be appointed by the temporary president of
14 the senate, two regional members shall be appointed by the speaker of
15 the assembly, and two regional members shall be appointed by the board
16 of regents. Regional members shall be considered to be members of the
17 commission for purposes of this act, provided that:
18 (i) Regional members shall vote and be counted for quorum purposes
19 only when the commission is acting on recommendations relating solely to
20 the regional members' respective region; and
21 (ii) Regional members shall not be considered to be members of the
22 commission for purposes of participation in commission meetings, except
23 where items relating specifically to that member's region are on the
24 agenda of a commission meeting.
25 (b) For purposes of this act, there shall be six regions:
26 (i) Long Island, consisting of the Eastern Suffolk, Nassau and Western
27 Suffolk boards of cooperative educational services;
28 (ii) New York City;
29 (iii) Hudson Valley, consisting of the Dutchess, Orange-Ulster,
30 Putnam-Northern Westchester, Rockland, Southern Westchester, Sullivan
31 and Ulster boards of cooperative educational services;
32 (iv) Eastern, consisting of the Capital Region, Clinton-Essex-Warren-
33 Washington, Delaware-Chenango-Madison-Otsego, Franklin-Essex-Hamilton,
34 Hamilton-Fulton-Montgomery, Otsego-Delaware-Schoharie-Greene, Questar
35 III, St. Lawrence-Lewis and Washington-Saratoga-Warren-Hamilton-Essex
36 boards of cooperative educational services;
37 (v) Central, consisting of the Broome-Tioga, Cayuga-Onondaga, Jeffer-
38 son-Lewis-Hamilton-Herkimer-Oneida, Herkimer-Hamilton-Fulton-Oswego,
39 Madison-Oneida, Oneida-Herkimer-Madison, Onondaga-Cortland-Madison,
40 Oswego, Schuyler, Chemung, Tioga and Tompkins-Seneca-Tioga boards of
41 cooperative educational services;
42 (vi) Western, consisting of the Cattaraugus-Allegany-Erie-Wyoming,
43 Erie 1, Erie 2-Chautauqua-Cattaraugus, Genesee Valley, Monroe 1, Monroe
44 2-Orleans, Ontario-Seneca-Yates-Cayuga-Wayne, Orleans-Niagara and Great-
45 er Southern Tier boards of cooperative educational services.
46 (c) The commission shall establish a regional advisory committee for
47 each region. The maximum number of members of each regional advisory
48 committee shall be determined by the commission. Members of each
49 regional advisory committee shall be appointed in equal numbers by the
50 governor, the temporary president of the senate, the speaker of the
51 assembly and the board of regents. The governor, the temporary president
52 of the senate, the speaker of the assembly, and the board of regents
53 shall submit to the commission their appointments to the regional advi-
54 sory committees no later than ninety days after this act shall have
55 become a law. If any such appointment is not made by such date, the
56 person or board responsible for making such appointment may make the
S. 8442 4
1 appointment after that date, but the vacant appointment shall not count
2 for calculation of a quorum until such position is filled. Vacancies in
3 regional advisory committees shall be filled in the same manner as the
4 member whose vacancy is being filled was appointed. The regional advi-
5 sory committees shall begin to act ninety days after this act shall have
6 become a law.
7 (d) Each regional advisory committee upon consideration of demograph-
8 ic, geographic, educational and fiscal indicators within each board of
9 cooperative educational services region, shall develop recommendations
10 for reconfiguring such region's school districts and administrative
11 functions to align educational services with regional and local needs.
12 In carrying out its functions, a regional advisory committee shall
13 foster discussions among, and conduct formal public hearings with requi-
14 site public notice to solicit input from, local stakeholders interests,
15 including but not limited to, school district administrators, district
16 superintendents and superintendents of schools, teachers, school board
17 members, parents, students, non-pedagogical school support personnel,
18 representatives from post-secondary institutions and other pertinent
19 groups and individuals. In developing its recommendations, each regional
20 advisory committee shall as far as practicable estimate the efficiencies
21 that may be derived from such school district or administrative recon-
22 figuration. On November 15, 2011, each regional advisory committee shall
23 transmit to the commission a report containing its recommendations,
24 which shall include specific recommendations for school district and
25 administrative reconfigurations. Such recommendations shall include but
26 not be limited to: delivery of commodities and services; pupil transpor-
27 tation; specialized professional development; maintenance; insurance
28 procurement; payroll administration; human resources and employee bene-
29 fit coordination; cooperative purchasing coordination; centralization of
30 business operations; printing services; state aid planning; textbook
31 purchasing and substitute teacher coordination; safety and risk manage-
32 ment; the units of school administration to be included in the reconfig-
33 ured school district; the units of school administration that will be
34 transferred to the board of cooperative educational services; size,
35 composition and apportionment of the governing body; the composition,
36 powers and duties of any local school committees to be created; the
37 disposition of real and personal school property; the disposition of
38 existing school indebtedness and lease-purchase; the assignment of
39 school personnel contracts, school collective bargaining agreements and
40 other school contractual obligations; the disposition of existing school
41 funds and existing financial obligations, including undesignated fund
42 balances, trust funds, reserve funds and other funds appropriated for
43 school purposes; a transition plan that addresses the development of a
44 budget for the first school year and interim personnel policies; an
45 estimate of the cost savings to be achieved through reconfiguration and
46 how costs will be reduced; recommended dates by which such actions
47 should occur; necessary investments, if any, that should be made in each
48 case to carry out the regional advisory committee's recommendations; and
49 the regional advisory committee's justification for its recommendations,
50 including the use of any factors developed pursuant to section four of
51 this act.
52 (e) The failure of any regional advisory committee to perform the
53 duties imposed by this section shall not affect the obligation of the
54 commission to perform the duties imposed by section seven of this act.
55 S 7. Commission recommendations. (a) The commission, upon consider-
56 ation of demographic, geographic, educational and fiscal indicators
S. 8442 5
1 within each board of cooperative educational services region, shall
2 develop recommendations for reconfiguring school districts and adminis-
3 trative functions to align educational services with regional and local
4 needs. In carrying out its functions, the commission shall collaborate
5 with the regional advisory committees insofar as practicable to foster
6 discussions among, and conduct formal public hearings with requisite
7 public notice to solicit input and recommendations from statewide and
8 regional stakeholder interests including but not limited to school
9 district administrators, district superintendents and superintendents of
10 schools, teachers, school board members, parents, students, non-pedagog-
11 ical school support personnel, representatives from post-secondary
12 institutions and other pertinent groups and individuals. The commission
13 shall formally solicit recommendations from school district administra-
14 tors, district superintendents and superintendents of schools, teachers,
15 school board members, parents, students, non-pedagogical school support
16 personnel, representatives from post-secondary institutions and other
17 interested parties in each region of the state, and it shall take into
18 account such recommendations and the recommendations of the regional
19 advisory committees during its deliberations. In developing its recom-
20 mendations, the commission shall as far as practicable estimate the
21 efficiencies that may be derived from such school district and adminis-
22 trative reconfiguration, and shall consider the recommendations of the
23 regional advisory committees.
24 (b) The commission shall make recommendations relating to school
25 district and administrative reconfiguration, within each region. The
26 regional commission members shall vote as members of the commission only
27 when the commission is acting on recommendations relating solely to the
28 regional commission members' region.
29 (c) Such recommendations shall include but not be limited to: delivery
30 of commodities and services; pupil transportation; specialized profes-
31 sional development; maintenance; insurance procurement; payroll adminis-
32 tration; human resources and employee benefit coordination; cooperative
33 purchasing coordination; centralization of business operations; printing
34 services; state aid planning; textbook purchasing and substitute teacher
35 coordination; safety and risk management; the units of school adminis-
36 tration to be included in the reconfigured school district; the units of
37 school administration that will be transferred to the board of cooper-
38 ative educational services; size, composition and apportionment of the
39 governing body; the composition, powers and duties of any local school
40 committees to be created; the disposition of real and personal school
41 property; the disposition of existing school indebtedness and lease-pur-
42 chase; the assignment of school personnel contracts, school collective
43 bargaining agreements and other school contractual obligations; the
44 disposition of existing school funds and existing financial obligations,
45 including undesignated fund balances, trust funds, reserve funds and
46 other funds appropriated for school purposes; a transition plan that
47 addresses the development of a budget for the first school year and
48 interim personnel policies; an estimate of the cost savings to be
49 achieved through reconfiguration and how costs will be reduced; recom-
50 mended dates by which such actions should occur; necessary investments,
51 if any, that should be made in each case to carry out the commission's
52 recommendations; the commission's response to the recommendations of the
53 regional advisory committees; and the commissioner's justification for
54 its recommendations, including the use of the factors pursuant to
55 section four of this act.
S. 8442 6
1 (d) On or before December 1, 2011, the commission shall transmit to
2 the governor and the legislature a report containing its recommenda-
3 tions, which shall include specific recommendations for school districts
4 to be reconfigured and specific recommendations for administrative
5 services to be transferred to boards of cooperative educational
6 services. Upon the transmission of the report to the governor and the
7 legislature the commission shall be dissolved.
8 S 8. Implementation of recommendations. (a) Notwithstanding any
9 contrary provision of law, rule or regulation related to the reconfigur-
10 ing of school districts and administrative services the commissioner of
11 education shall take all actions necessary to implement, in a reason-
12 able, cost-efficient manner, the recommendations of the commission
13 pursuant to subdivisions (b) and (c) of section seven of this act. Such
14 school districts and boards of cooperative educational services shall
15 submit to the commissioner of education, at a time and in a form as
16 determined by the commissioner of education, an acceptable plan of
17 reconfiguration in accordance with applicable regulations.
18 (b) The provisions of subdivision (a) of this section shall not apply:
19 (i) unless the governor has transmitted the commission's report under
20 section seven of this act with his or her written approval of the recom-
21 mendations of the commission pursuant to subdivisions (b) and (c) of
22 section seven of this act to the commissioner of education and transmit-
23 ted a message to the legislature stating his or her approval of the
24 report on or before December 5, 2011; and (ii) if a majority of the
25 members of each house of the legislature vote to adopt a concurrent
26 resolution rejecting the recommendations of the commission pursuant to
27 subdivisions (b) and (c) of section seven of this act in their entirety
28 by December 31, 2011, after receiving a message from the governor under
29 this subdivision. In no event shall the commissioner of education begin
30 to implement the recommendations of the commission pursuant to subdivi-
31 sions (b) and (c) of section seven of this act prior to December 31,
32 2011.
33 S 9. The commission shall be authorized and entitled to receive any
34 grants offered pursuant to section 54 of the state finance law.
35 S 10. Severability clause. If any clause, sentence, paragraph, subdi-
36 vision, section or part of this act shall be adjudged by any court of
37 competent jurisdiction to be invalid, such judgment shall not affect,
38 impair, or invalidate the remainder thereof, but shall be confined in
39 its operation to the clause, sentence, paragraph, subdivision, section
40 or part thereof directly involved in the controversy in which such judg-
41 ment shall have been rendered. It is hereby declared to be the intent of
42 the legislature that this act would have been enacted even if such
43 invalid provisions had not been included herein.
44 S 11. This act shall take effect immediately and shall expire and be
45 deemed repealed June 30, 2013.