Establishes a review panel for the waiver for qualifications for superintendents in cities having a population of one million or more; appropriation

Summary of specific provisions

Section 3003(1) subdivision 3(a) of the Education Law would be amended to establish a review panel.

Subdivision 3(b) would be added to create a 13 member review panel.

Subdivision 3(c) establishes that no compensation will be provided to panel except for their actual expenses incurred in the performance of their official duties.

Subdivision 3(d) establishes that the panel shall meet at the request of the Commissioner or the Board of Regents

Subdivision 3(e) establishes that approval by the panel shall require an affirmative vote of the majority of the members.

Section 3003 (2) shall be added to appropriate $25,000 to the Department of Education for the purpose of carrying out the provisions of this act.

Section 3003(3) makes this act effect on the first of July succeeding the date on which the act becomes law.

Justification

Pursuant to existing law, the commissioner of education may issue a superintendent's certificate to a candidate that meets certain graduate course or teaching requirements. The current law also allows the commissioner of education to issue this certificate to a candidate who does not specifically meet the enumerated qualifications. However, there is no review process for the issuance of this certif- icate, which is also known as the granting of a waiver.

While such a waiver may have been good policy when school districts were less complex, and the schools faced less intractable pedagogical chal- lenges, waivers are no longer justifiable. Today's superintendents must combine the skills of a manager, with the experience, professionalism, educational background and insight of a professional educator.

When we fly on a plane, we want the most experienced pilot we can get. When an emergency occurs, we want trained emergency personnel to be the first responders. When our house is on fire, we want firefighters with experience facing flame that will not buckle under the heat. Moreover, we want those professionals chosen in a manner that is fully transparent and accountable to all the people who depend upon their skills.

It is not alarmist to say that our nation's schools are on fire. Gradu- ation rates are shameful, particularly among children of lower economic means and in schools from distressed census tracts. Violence is, sadly, epidemic. It is time we remembered that our schools deserve that same level of care and professionalism that we require in so many other services provided to us, and to our children, and it is time to remember that we must choose the superintendents of our schools in as transparent and accountable a manner as possible.

Empanelling a board to examine the credentials of a person proposed for the New York City Schools' Chancellor's position, but needing a waiver, is logical and the least we can do to protect the investment we have made in the school system and our children. Such a board will be able to ask questions about a proposed Chancellor's experience, and in a manner designed to probe deeper than talking points, determine whether such an individual possesses the experience, skills and character necessary to a position such as that of the Chancellor.

The Chancellor of New York City's schools has 51 powers and duties including promulgating minimum educational standards, curriculum requirements, and mandatory educational objectives. The Chancellor is also entrusted with developing a plan to establish comprehensive high schools for New York City, analyzing the impact of proposed school clos- ings, and appointing teachers' aides. In sum, the Chancellor of New York City's schools plays a vital part in making sure New York City schools adequately prepare our 1.1 million students, to be productive partic- ipants in today's global society.

It is important that we ensure that if a candidate does not meet the qualifications enumerated, there is a panel to review such a candidate to ensure the candidate's competency.

Legislative history

None.

Fiscal implications for state and local governments

$25,000 Appropri- ated to the Department of Education.

Effective date

July 1, 2011 provided, however, that effective imme- diately, the addition, amended and or repeal of any rules or regulations necessary for the implementation of the foregoing section of this act on its effective date are authorized and directed to be made and completed on or before such effective date.