Relates to the control and governance of the city school system for the city of New York; repealer

Summary of specific provisions

Section 1. Amends subdivision 1 of section 402-a of the Education law closing a school building

Section 2. Renumbers subdivision 7, of §2590-a of the Education law as subdivision 8, and adds new subdivision 7 establishing definitions to the following: "independent school performance data and budget office."

Section 3. Amends subdivision (1) of §2590-b of the Education law to provide that there shall be a thirteen member board which shall be appointed in the following manner: seven members by the Mayor, one member appointed by each borough president of the city of New York, one member appointed by a vote of the New York City Council.

Paragraph b of subdivision 1 of §2590-b of the Education law as renum- bered and amended as paragraph c and a new paragraph b is added to provide that the members of the Board of Education shall be appointed for fixed terms of two years and may not be removed by their appointing authorities except for malfeasance or misfeasance. The terms of the appointees of the Mayor and Borough presidents shall not extend beyond that of the authority appointing them. In addition, this section provides that at least twelve meetings shall be held by the City Board

of Education, and any additional meetings shall occur at the call of the Chairperson of the City Board of Education.

Section 4. Amends §2590-e of the Education law by adding a new subdivi- sion 20 to require the CDEC to hold public hearings on the closure of schools within the community school district.The CDEC is required to issue an advisory recommendation regarding the proposed action to the Chancellor.

Section 5. Paragraph b of subdivision 1 of §2590-f of the Education law is amended to provide that a Community Superintendent may not delegate their power and duty to appoint or reject a principal candidate.

Section 6. Paragraph 1 of subdivision 1 of §2590-f of the Education law is amended to prohibit the Chancellor from assigning duties to Community Superintendents outside of their appointed districts.

Section 7. Subdivision 30 of §2590-h of the Education law is amended to provide that Community Superintendents shall be employed pursuant to contract terms derived from a model contract developed by the Chancellor which shall include performance targets. In addition, the Chancellor must provide sufficient funding to each community school district so there is an administrative office in each district that is open and accessible to the public that is sufficiently staffed to support schools and parents and perform their statutory powers and duties.

Section 8. Subdivision 31 of §2590-h of the Education law is amended to require the Chancellor in the event of a school closure to publicly respond to recommendations of the Community District Education Council. In addition, such closure must be deferred until the conclusion of the school year in which the final determination had been made.

Section 9. Subdivision 36 of §2590-h of the Education law is repealed and replaced with a new subdivision 36 relating to procurement.

Section 10. A new §2580-t of the Education law is added to establish an independent school performance data and budget office to gather, analyze, and provide comprehensive and timely information to the school system and the public, regarding: enrollment, attendance, test scores, graduation rates, dropout rates, pupil-teacher ratios, and ALL DOE budg- ets - centrally, in districts, and in schools.

Section 11. Paragraph b of subdivision 1 of §1734 of the Public Authori- ties law is amended as it relates to the New York City School Construction Authority. The bill provides that the authority shall be subject to the provisions of section 101 of the general municipal law, the provisions of chapters 13 and 14 of the New York City Charter, the rules of NYC procurement policy board, and the NYC franchise and conces- sion review committee. No contract or agreement shall be implemented until it has been filed and registered by the Comptroller pursuant to Chapters five and thirteen of the New York City Charter.

Sections 12 & 13. Amends §34 of Chapter 91 of the Laws of 2002, amending the education law and other laws relating to the reorganization of the New York City school construction authority, board of education and community boards, as amended by chapter 123 of the laws of 2003, relat- ing to effective dates.

Section 14. Severability Clause

Section 15. Effective Date.

Justifications

The reforms to the New York City school governance statute enacted in 2002 are set to expire in June 2009. While there have been benefits realized through the enactment of school governance, improvements as set forth in these amendments will ensure a balanced distribution of power and responsibility, transparency, accountabili- ty,and parental and community participation.

Balancing the City Board of Education by having the Chancellor serve as a non-voting ex-officio member while still maintaining Mayoral control will allow City Board members to vet educational policies in a transpar- ent forum. The two year term ensures that decisions are based on board deliberations of evidenced based best practices.

However, essential to improving school governance is strengthening of the role of the Community Superintendent and providing for adequate resources to enable that office to effectively engage parents and the community regarding schools within the Community Superintendent's appointed district. This measure would restore School Superintendents' role in local communities. By making this change, parents and communi- ties will have a resource and a place to go on the local level to ask questions and resolve problems.

This bill would also mandate a role for Community District Education Councils (CDECs) in reviewing the opening and closing of schools. By making this change, schools can more effectively involve parents and the community, and DOE will have to improve communications with public on school closings, as well as additions of new schools.

The bill provides for formal oversight of contracts and procurements by the Department of Education, as well as, establishes a new Independent School Performance and Data Office to provide for the independent review and analysis of performance data and school budgets.

Prior legislative history

New Legislation

Fiscal implications

To be determined

Effective date

Sections one through five, seven through nine, eleven, thirteen, sixteen, seventeen, nineteen, twenty-four, twenty-six through twenty-eight, and thirty of this education law shall expire and be deemed repealed June 30, 2009; provided, further, that sections six and twenty-nine shall expire and be deemed repealed on June 20, 2015

provided, further, that notwithstanding any provision of article 5 of the general construction law, on June 30, 2009 the provisions of subdi- visions 3, 5, 9 and 8, paragraph b of subdivision 13, subdivision 14, paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of section 2554 of the education law as repealed by section three of this act, subdivision 1 of section 2590-b of the education law as repealed by section six of this act, paragraph (a) of subdivision 2 of section 2590-b of the education law as repealed by section seven of this act, section 2590-c of the education law as repealed by section eight of this act, paragraph c of subdivision 2 of section 2590-d of the education law as repealed by section twenty-six of this act, subdivision 1 of section 2590-e of the education law as repealed by section twenty-seven of this act, subdivision 28 of section 2590-h of the education law as repealed by section twenty-eight of this act, subdivision 30 of section 2590-h of the education law as repealed by section twenty-nine of this act, subdi- vision 30-a of section 2590-h of the education law as repealed by section thirty of this act shall be revived and be read as such provisions existed in law on the date immediately preceding the effec- tive date of this act; provided, however, that sections seven and eight of this act shall take effect on November 30, 2003; provided further that the amendments to subdivision 25 of section 2554 of the education law made by section two of this act shall be subject to the expiration and reversion of such subdivision pursuant to section 12 of chapter 147 of the laws of 2001,as amended, when upon such date the provisions of section four of this act shall take effect.