Relates to the New York city school district, board of education, chancellor, community councils and community superintendents

Summary of specific provisions

This legislation extends changes to the structure of the New York City school district adopted in 2002 and 2003 and provides for several modifications to the management and operation of such school district at the school level, community district level and city district level.

In order to provide for greater parental participation and input at the school level, this legislation strengthens the role of school leadership teams by increasing collaboration between the principal and the school leadership team so that the school's budget is aligned with the educa- tional goals set forth in the school's comprehensive educational plan. The school leadership team must be consulted regarding the selection of the school principal and may also provide an assessment of the princi- pal's record in developing an effective shared decision-making relation- ship with members of the school leadership team. Additionally, the school leadership team may bring disputes to the Community Superinten- dent relating to decisions made by the principal that are inconsistent with the goals and policies contained within the school's comprehensive, educational plan. The Chancellor shall make all comprehensive educa- tional plans publicly accessible, including on the Board of Education's website.

Parents and members of the school community have greater notification and an opportunity to voice concerns regarding proposed school closings or significant changes in school utilization. A new mandatory public input process is established which guarantees that parents, students, staff and the community will have at least six months notice and an opportunity to review and comment on proposed school closings and significant changes in school utilization, including the phase-out,

grade reconfiguration, re-siting, and co-location of schools, before they could become effective. This process requires the Chancellor to develop and make public an educational impact statement that details the impacts of the proposed school closing or significant change in school utilization to the students, staff, building, and school community. Following the educational impact statement, a public hearing is held in conjunction with the affected community council and school leadership team so that the public may present questions, comments and concerns. All school closures or significant changes in school utilization must be approved by the Board of Education and may not take effect until the school year after the board vote.

At the district level, parents will be provided with increased access to information and assistance from community district leadership. Community superintendents are reinstated with a clear role and physical presence within the community district. In order to provide parents with a local- ized resource to obtain information, provide input and comments, and to receive assistance in resolving issues related to their child's educa- tion, superintendents must establish a central office within the district and hire and supervise sufficient staff to develop a cooper- ative relationship with parents and the school community. Superinten- dents will only be assigned to tasks predominantly within their communi- ty district. The Chancellor may not assign any tasks to superintendents that would impair their ability to effectively deliver services required by statute such as responding to parental comments and concerns, approv- ing school budgets, overseeing educational instruction, providing access to information and assisting with resolving complaints. Superintendents will also report to parents and the community during two open forums each year in order to review the district's achievements to prioritize areas for improvement, and to receive comments and concerns.

In order to increase participation and representation of the diverse educational needs and interests of the students of the city school district, eligibility for service on the community councils is broadened to require that each community council contain at least one parent of a student with a disability and one parent of an English language learner and to allow parent teacher association and parent association officers to serve. Additionally, members of the community councils will be consulted on the selection of the community superintendent.

Parents will have an opportunity to raise the individual educational needs of their children directly to the Chancellor. The Chancellor is required to hold a public meeting in each community district, over a two year period, so that parents are provided with an opportunity to bring comments and concerns to the Chancellor. The Chancellor will also report on school finances, school performance, and the district's educational goals.

City level changes focus on increasing transparency of actions taken by the Board of Education in order to give parents and other stake-holders greater insight into the operation of the city school district. The Board of Education is required to hold monthly meetings with at least

ten days public notice of the time, place and agenda. The items that require a Board of Education vote prior to implementation are signif- icantly expanded to include school closures, significant changes in utilization, the school district budget and capital plan, a new procure- ment policy, and all regulations and by-laws. The Board of Education will also be required to approve all city district and community district contracts that are not competitively bid and contracts that exceed $1 million. A new extensive public review process is created to provide information and require a Board of Education response to public comments prior to the adoption of major proposals including school clos- ings, or significant changes in school utilization, capital plan, budg- et, procurement policy, and all regulations.

To respond to criticisms regarding procurement matters, the Chancellor will be required to develop a meaningful procurement policy with provisions to increase the transparency and accountability of city school district contracts. This includes requiring written justification of the basis for procuring contracts without competitive sealed bidding and for procuring technical, consultant, personal services, franchises, concessions, and revocable consents. All contracts must be registered with the New York City Comptroller and subject to his or her oversight. Additionally the procurement policy must include a plan to enhance the ability of minority and women owned business enterprises to compete for contracts and to ensure their meaningful participation in the city school district's procurement process.

The Chancellor will develop and the Board of Education will approve a new policy that promotes the recruitment and retention of a workforce at the city district, community district and school level that considers the diversity of the students attending the public schools within the district. Each year the Board of Education will review a report that outlines the diversity initiatives taken and the impacts of such initi- atives on the workforce of the school district.

In order to provide an independent analysis of student and district educational matters, the New York City Independent Budget Office is authorized to issue reports on issues such as student graduation and performance, class sizes, pupil to teacher ratios, student enrollment projections, assessment data, school utilization, the delivery of services to English language learners and students with disabilities, the utilization of federal funds for parental involvement, and all matters relating to the school district's finances. The Independent Budget Office will also be provided with additional resources and access to school district information.

In addition, greater oversight and review of the educational operations and programs is provided through new City Comptroller audits. The New York City Comptroller is provided the authority to conduct programmatic audits of the New York City school district, in addition to the authori- ty to conduct financial audits, to the same extent as all other New York City agencies.

The Board of Education is reconfigured so that parents constitute a majority of the board members. The Chancellor is made an ex officio non-voting member. The Mayor of the city of New York will continue to appoint eight members and each borough president will continue to appoint one member. Two of the Mayor's appointments must now be parents of public school students and no appointed member may serve or be employed by any other board or entity where the majority of its members are appointed by the Mayor of the City of New York. The Board of Educa- tion chairperson will be elected from among the voting members and all members will be able to request that items be placed on the board's agenda.

In order to obtain greater feedback from parents and other educational stakeholders regarding the education of high school students and English language learners, the city-wide council on high schools is codified and a new city-wide council on English language learners is created. These citywide councils are modeled after the current city-wide council on special education and will hold monthly meetings, advise and comment on instructional policies, and issue an annual report on the effectiveness of programs and services for students.

Justification

During the 2002 and 2003 Legislative sessions, the Legislature approved the most comprehensive governance changes to the New York City School District in over three decades. In reviewing the impacts of this legislation there have been successes and also areas where concerns have been raised. This legislation seeks to address issues of concern regarding the operation and management of the city school district by making modifications to increase parental partic- ipation and input, transparency, and accountability at the school level, community district level, and city district level.

Prior legislative history

New legislation.

Fiscal implications

This bill would not result in any additional costs to the state. The New York City School District would see some addi- tional costs for functions related to increased transparency, account- ability, greater parental involvement, additional public meetings and reports, and increased costs for expanded Independent Budget Office responsibilities.

Effective date

June 30, 2009, except sections thirteen, fourteen, fifteen take effective immediately.