Relates to the board of education in the city of Rochester; repealer

BILL NUMBER:A2552A

Title of bill

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

Purpose or general idea of bill

To streamline the decision-making process at the Rochester City School District and make the Chief Executive Officer accountable for the management and operation of the schools.

Summary of specific provisions

Section one would make it clear that boards of education of city school districts should not exercise executive powers and perform executive or administrative functions.

Sections two, five, six and seven would give the superintendent of the Rochester School District the following duties and powers:

* prepare and deliver to the board of education for review and approval an annual itemized budget and an educational facilities plan.

* prepare a bimonthly summary of the district's actual revenues, expenses, and indebtedness and compare such information to the annual budget.

* authorize contracts for goods and services in amounts less than $50,000.

* develop with the board of education policies and procedures for the hiring, firing and evaluation of all district employees.

* appoint certified and uncertified supervising staff and related admin- istrative staff who are excluded from collective bargaining agreements.

Section three would remove the ability of the board of education of the Rochester City School District to abolish the office of auditor and prohibit the auditor from holding any other position or perform in any capacity within the school district. The auditor would be given the powers to access and demand certain financial documents of the school district.

This section also provides that if the board of education decides to appoint an examiner, then the examiner would be allowed to access and demand all documents and information material to any investigation or hearing. The examiner would have to conclude and report the result of investigations or hearing to the board of education within 6 months of the authorization of the investigation or hearing. This section would also require the board of education of the Rochester City School District to: authorize contracts for goods and services in amounts of

$50,000 or more; review, require amendments from the superintendent, and to file with the mayor the annual itemized budget and capital plan for the district submitted by superintendent; develop jointly, with the superintendent, policies and procedures for the hiring, firing and eval- uation of all employees of the district.

Section four would require that the superintendent of the Rochester City School District serve for a term pursuant to a contract, and would require a two-thirds vote of the members of the board of education for the removal of the superintendent.

Effects of present law which this bill would alter

Amends §§2554, 2565, 2566 and 2573 of the Education Law.

Justification

This bill will empower the educators and school professionals by taking the politics out of our school decision-making process. It will clarify lines of authority and responsibility, establish an effective system of checks and balances over the powers and duties of educational policymak- ers and facilitate decision-making that is based on goals not on poli- tical expediency.

The management problems faced by the Rochester city school district have more to do with overlapping responsibilities and the difficulty in establishing accountability for actions and decisions than with individ- ual actors. The new structure of governance set forth in this proposal would clarify those lines of responsibility and allow the school district to begin functioning properly.

Prior legislative history

2007-2008; A.742A

Fiscal implications for state and local governments

Undetermined.

Effective date

July 1, 2009.