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History
- Referred to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Enacts the "New York city department of education accountability act"; repealer
In Assembly Committee · Education · Sponsor Rory Lancman
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the education law and the New York city charter, in relation to enacting the "New York city department of education accountability act"; and to repeal certain provisions of the education law relating thereto
Purpose or general idea of bill
The purpose of this bill is to formally establish the New York City Department of Education and require it to comply with the provisions of the New York City charter, with certain exemptions, as if it were a city agency for the purposes of carrying out the provisions of the state education law set forth in the "New York City Community School District" (Article 52-a of the education law) relating to procurement, budgeting, aspects of land use, rulemaking, community input and city council, city comptroller and public advocate oversight, and to establish the head of the Department of Education to be the New York City Education Commissioner. These changes will clarify the law and improve transparency, accountability and efficiency in delivering educational services to New York City's one million school children. This law does not address the fundamental tenets of mayoral control; rather, it is intended to fill a gap in existing law by clarifying oversight of the Department of Education.
Summary of specific provisions
Section 2590-a of the education law is amended to define the terms "New York City commissioner of education" and "department of education of the city of New York"; section 2590-b of the education law is amended to add a new section I-a formally establishing the "department of education of the city of New York" within state law and making it a city agency pursuant to the New York City charter for the purposes of carrying out Article 52-a of the state education law, with certain exceptions (excepted from this provision are legislative authority with respect to certain educational powers and duties of the city board and the Commissioner, and procurement rules as applied to principals acting pursuant to section 2590-i); chapter twenty of the New York City charter is renamed "Department of Education," and amended to establish the New York City Department of Education and the Education Commissioner, while preserving the sole power of the state legislature to modify the appointment, tenure, powers and duties of the Commissioner as set forth in state law.
Read the full memo (618 words)
Justification
Since the establishment of "mayoral control" pursuant to chapter 91 of the laws of 2002, the New York City Department of Education, which runs the day-to-day operations of the New York City school district, has operated in a grey area with respect to state and city law; existing by name in neither the state education law nor the city charter. There is no clear definition of the government entity responsible for oversight of the New York City school district. Given the size and importance of the Department's function, this gap should be corrected. The New York City Department of Education should operate under the rules that govern New York City agencies, unless exempted by state law, either through this statute or another. This law will increase transparency and accountability within "mayoral control" by codifying the Department of Education as an agency of the City for most purposes, while preserving the powers and duties of the city board (known as the Panel for Educational Policy) and the Commissioner with respect to setting educational policy, the powers and duties that may be delegated to principals with respect to procurement, and the sole ability of the state legislature to define the powers and duties of the Department and the Commissioner.
Legislative history
New Bill.
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.