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

Education Law 2590-h is amended to require the Chancellor to prepare an educational impact statement regarding any proposed school closing or significant change in school utilization, and to conduct a public hearing about the proposal with the impacted community council and school based management team. The Chancellor must also adopt a procurement policy addressing specific procurement methods; procedures for determining bidders' responsibility; the manner for administering contracts and overseeing performance; procedures for resolving contract disputes; and measures to enhance the ability of minority and women owned businesses to compete for contracts. Provisions regarding the Comptroller's role in registering contracts are also added to section 2590-h.

Education Law 2590-b is amended to codify the Citywide Council on High Schools and create a new Citywide Council for English Language Learners. Sections 2590-b and 2590-c of the Education Law are amended to allow officers of PTAs to seek positions on these councils, as well as the community district education council and the Citywide Council

on Special Education, as long as they do not cast votes in the selection process.

Education Law 2590-f, concerning district superintendents, is amended to specify that the superintendents exercise their powers in a manner to ensure implementation of all provisions of law, rules and regulations relating to the management of the schools and delivery of instructional services and delegate duties to their sub,ordinates at their sole discretion; explicitly reference parental and staff involvement in recruitment of supervisory personnel; explicitly state that the superintendent supervises principals; provide for principals' effectiveness in developing a shared decision-making relationship with the school-based management team to be a factor in principals' evaluations; provide for the superintendent's approval of school-based budgets to include certification of alignment with the corresponding comprehensive educational plan; provide for the establishment of a process for school based management teams to dispute decisions made by a principal where there is a consensus among team members that the decision is inconsistent with their comprehensive educational plan; require the superintendents to have staff to address parents' concerns; and require superintendents to hold at least two public fora in their district each school year. The bill also specifies that the Chancellor assign tasks such that superintendents work predominantly within their own districts.

The role of school based management teams is enhanced by an amendment to Education Law 2590-e requiring their participation at hearings conducted by the Chancellor and the affected district council regarding school closings and changes in school utilization; amendments to Education Law 2590-f and 2590-h requiring superintendents to consult with the teams about recruitment of principals and assistant principals and requiring the superintendents to consider teams' comments concerning principals' evaluations; allowing the teams to be consulted on the school-based budget and respond to superintendents' certification of school based budgets; allowing the teams to object to principals' decisions they view as inconsistent with the existing comprehensive management plan; amendment to Education Law 2590-h and 2590-i explicitly requiring principals to consult the teams about the management of schools.

A new section 2590-t is added to authorize the Comptroller of the City of New York to conduct program audits of the City school district to the same extent as the Comptroller has such authority for agencies of the City of New York (as the Comptroller has already been doing pursuant to an MOU with the City Board of Education). A new section 2590-u is added requiring the New York City Independent Budget Office to analyze and issue public reports regarding a number of financial and educational matters, and authorizing the IBO to secure information needed to prepare such reports. A corresponding amendment to section 2590-h requires the Chancellor to provide information to the IBO or the Comptroller as requested.

Public Authorities Law 1735(1) and section 19 of Chapter 738 of the Laws of 1988 are amended to extend the School Construction Authority's exemption from General Municipal Law §101 (Wicks Law) to June 30, 2014.

Reasons for support

Before the landmark Mayoral control legislation enacted in 2002, meaningful educational progress in New York City was stymied by a governance structure in which there were frequent political battles and plenty of finger pointing but no real accountability for results. In the past, the Mayor had very limited ability to impact school reform. The lack of real responsibility for education management also

meant limited opportunities for public engagement on education issues on a Citywide basis.

Giving the Mayor authority to appoint the Chancellor and the majority of the Board of Education, with these officials serving at the Mayor's pleasure, has made the Mayor responsible for establishing a vision for school reform, and for implementing that vision and achieving results. Mayoral control has also brought stability to the New York City school system, after many years in which Chancellors served brief terms that were at times dominated by fights with the Mayor and/or the Board of Education. Under Mayoral control, New York City has ended social promotion, developed a fairer system for funding schools, given principals more autonomy to run their schools, and opened many new smaller schools throughout the City. The results have been a better educational experience for New York City school children. New York City children have made substantial progress on State tests since the beginning of·· Mayoral control; fewer students are dropping out; and the achievement gap is narrowing. Renewing Mayoral control will make possible continued progress and better educational opportunities for the City's children.

The extension of the Wicks Law exemption for the School Construction Authority until 2014 is critical to enable SCA to seek contracts that will maximize the use of limited capital dollars in the construction of schools in New York City

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.