Enacts the "New York City Panel for Education Policy Members Public Responsibility Act"

BILL NUMBER:S3615

Title of bill

An act to amend the education law, in relation to enact- ing the "New York city panel for education policy members public respon- sibility act"

Purpose or general idea of bill

An act that amends the education law requiring a quorum of the Panel members to attend any public hearing scheduled for the purposes of allowing for public comment on changes to education plans for public schools within the New York City school districts.

Summary of specific provisions

This bill amends the education law by adding a new paragraph (d) to subdivision 8 of section 2590(g) to require a quorum of the members of the Panel for Education Policy must attend any hearing scheduled for purposes of allowing public comments as provided in this section. In addition, the Panel may not vote on the proposal unless a quorum of the members of the Panel attended the hear- ing relating to such measure. Bill also defines "attendance", and "Quorum" for purposes of this new legislation.

Justification

The New York City Panel for Education Policy (PEP) is the highest decision making body for educational policy in the New York City school district. The PEP, as envisioned and structured by the legislature when mayoral control was enacted, is an independent body, empowered to make the final judgment and decisions on education matters including school specific issues. It is quite clear from legislative history, that it was the intent of the legislature to have the members of this Panel substantially participate in public hearings required prior to voting and taking final actions on policy decisions affecting millions of families in the city district. The current Panel members lack of attendance at the public hearings on proposals for significant changes in school utilization plans i.e. school closure, co-locations, reflects a subterfuge approach and a mockery of the democratic process required under state laws.

The rights of ordinary citizens to appear before the actual members of the body who will cast the final vote is an indispensable cog of democ- racy. Under current practice, parents and communities are being forced to express their concerns and views with regard to proposed changes to their school at public hearings held by a DOE administrator, not members of the Panel. This practice under Mayoral-school control has purposeful- ly circumvented the legislature's intent to provide the public a direct voice to the final decision makers.

The Panel members who over 98% of time, vote approval of the Chancellor and DOE's recommendations without the required attendance and partic- ipation are provided and convenient opportunity to shirk their public responsibility that comes with the oath of office. Enactment of this bill into law will not only clarify the legislature's intent, but also

close the loophole and establish a mechanism that enforces the law and public responsibility of each Panel member.

Prior legislative history

2012: S.7673 - Referred to Rules/A.10409 - Referred to Education

Fiscal implications

No known fiscal impact.

Effective date

This act shall take effective immediately.