Prohibits waivers for nominees to the office of chancellor of NYC school districts

1 Co-sponsor

• Martin Malavé Dilan

BILL NUMBER:S7398

Title of bill

An act to amend the education law, in relation to the superintendent of the New York city school district

Purpose

To ensure that the education commissioner cannot issue a waiver allowing an unqualified individual to be appointed to the position of chancellor of the New York City school district.

Summary of provisions

This bill amends section 3003 of the education law by adding a new subdivision 6. The new subdivision 6 would bar the education commissioner from issuing a waiver from the qualifications required for a person to serve as the superintendent or chancellor of the NYC school district.

Existing law

Under current law, a superintendent of a school district must have completed sixty semester hours in graduate courses approved by the commissioner, and must have completed three years of teaching experience satisfactory to the commissioner in public or non-public schools. Furthermore, the candidate for superintendent must have successfully (1) completed a New York State program (or its equivalent if out of state) leading to a professional certificate as a school district leader in the educational leadership service, or (2) performed on the New York State assessment for school district leadership.

When a candidate lacks those educational or experiential requirements, the commissioner of education may nonetheless issue a superintendent's certificate for that candidate. The commissioner is empowered to grant an exception (waiver) to the education or experience requirements if he finds that the candidate has "exceptional training and experience" which are the "substantial equivalent of such requirements."

Although the commissioner's regulations clearly state that the request for the professional certificate must come from the board, there is a strong argument that the mayoral control statute presumes that the authority to request a waiver would rest with the Mayor.

Justification

This legislation will ensure that only qualified professionals in the education field are appointed to the position of Chancellor/Superintendent of the New York City school district, the largest public school district in the State of New York. Under current law, these qualifications can be waived, resulting in disastrous consequences for school children when major

education-related decisions are made by unqualified individuals. By prohibiting waivers and thus removing mayoral control over the selection of the chancellor, we can ensure that the leader of NYC schools is truly qualified to work in the education system.

Legislative history

None.

Fiscal implications

None.

Effective date

This act shall take effect immediately.