Rochester School Control Reform

Section 1. Short title. This act shall be known and may be cited as the "city of Rochester school district governance reform act".

§ 2. The education law is amended by adding a new article 52-B to read as follows:

ARTICLE 52-B

CITY OF ROCHESTER SCHOOL DISTRICT SYSTEM Section 2591-a. Application of article.

2591-b. Definitions.

2591-c. Board of education; composition; establishment of city-

wide councils on special education and English

language learners.

2591-d. Board of education; powers and duties.

2591-e. Superintendent of schools; appointment; powers and

duties.

2591-f. Community schools advisory councils; composition; powers

and duties.

2591-g. Appointment of teachers, administrators, supervisors and

other employees.

2591-h. School principals; selection process; powers and duties.

2591-i. Budgetary and fiscal processes.

2591-j. Custody and disbursement of funds.

§ 2591-a. Application of article. This article shall apply to the city school district of the city of Rochester.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD06336-01-9

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§ 2591-b. Definitions. As used in this article, the following terms shall mean:

1. Board of education. The term "board of education" or "board" shall mean the board of education of the city school district of the city of Rochester, established pursuant to section twenty-five hundred ninetyone-c of this article.

2. City. The term "city" shall mean the city of Rochester.

3. City district. The term "city district" shall mean the city school district of the city of Rochester.

4. Claims auditor or office of claims auditor. The term "claims auditor" or "office of claims auditor" shall mean the office established pursuant to subdivision two-a of section twenty-five hundred fifty-four of this title.

5. Common council. The term "common council" shall mean the common council of the city of Rochester.

6. Commissioner. The term "commissioner" shall mean the commissioner of the state education department.

7. Council district. The term "council district" shall mean the four districts into which the city of Rochester is divided pursuant to the charter of such city for the purposes of electing district council members.

8. Community schools advisory council. The term "community schools advisory council" or "advisory council" shall mean the advisory council established pursuant to section twenty-five hundred ninety-one-f of this article.

9. Mayor. The term "mayor" shall mean the mayor of the city of Rochester.

10. RSC board. The term "RSC board" shall mean the joint schools construction board of the city and the city school district established pursuant to chapter four hundred sixteen of the laws of two thousand seven.

11. Superintendent or superintendent of schools. The term "superintendent" or "superintendent of schools" shall mean the superintendent of the city school district of the city of Rochester.

§ 2591-c. Board of education; composition; establishment of city-wide councils on special education and English language learners. 1. The board of education of the city of Rochester is hereby continued. Such board may be commonly known and referred to as the education commission of the city of Rochester.

2. The board shall consist of nine members, as follows:

(a) one member from each of the four council districts of the city, appointed by the common council, who shall be a resident of the council district;

(b) five members, appointed by the mayor, who shall be residents of the city;

(c) all members shall possess extensive educational, business or trade experience and knowledge, and make a significant contribution to improving the education of the students of the city district.

3. All members shall serve three year terms. The terms of office shall be staggered pursuant to section thirteen of the chapter of the laws of two thousand nineteen that added this article. A member may be removed from office by the appointing authority during his or her term for good cause shown, after notice and opportunity to be heard. A member who refuses or fails to attend three successive meetings of such board vacates his or her office by refusal to serve. Any vacancy shall be filled by the appointing authority within thirty days of the vacancy.

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4. Members shall not be paid a salary or stipend, but shall be reimbursed for all actual and necessary expenses directly related to the duties and responsibilities of the board. The mayor shall assign appropriate staff and offices to the members of the board.

5. (a) No person shall be eligible for the office of member of the board who is not a qualified voter under section 5-102 of the election law of such city school district. No person shall hold at the same time the office of member of the board and any other elective office nor shall such person be a candidate for any other elective office at the same time he or she is a member of the board.

(b) No appointed member of the board shall be employed by the city or the city district or shall be a member of any public corporation, authority, commission or entity in which the mayor has a majority of appointments including the Rochester joint schools construction board established pursuant to chapter four hundred sixteen of the laws of two thousand seven.

6. The board shall hold at least one regular public meeting per month. At least one regular public meeting shall be held in each of the council districts per year. The board shall consider appropriate public accommodations when selecting a venue so as to maximize participation by parents and the community. Notice of the time, place and agenda for all board regular public meetings shall be publicly provided, including via the board's official internet web site, at least ten business days in advance of such meeting.

7. All members shall be required to prepare and file financial disclosure statements pursuant to the charter of the city of Rochester.

8. (a) There shall be a city-wide council on special education created pursuant to this section. The city-wide council on special education shall consist of four members, one from each council district, selected by the board of education in accordance with this paragraph. Each community schools advisory council shall submit a list of nominees to the board of education for consideration and the board shall select one person from each such submitted list to serve on the city-wide council on special education. Members of the city-wide council on special education shall serve a two year term. Vacancies shall be filled by the board of education for an unexpired term in accordance with the selection process established by this paragraph.

(b) The board of education shall select individuals with extensive experience and knowledge in the education of individuals with disabilities who will make a significant contribution to improving special education in the city district, including parents of students with individualized education programs.

(c) The city-wide council on special education shall have the power to:

(i) advise and comment on any educational or instructional policy involving the provision of services for students with disabilities;

(ii) advise and comment on the process of establishing committees and/or subcommittees on special education in the city district pursuant to section forty-four hundred two of this chapter;

(iii) issue an annual report on the effectiveness of the city district in providing services to students with disabilities and make recommendations, as appropriate, on how to improve the efficiency and delivery of such services; and

(iv) hold regular meetings open to the public, during which the public may discuss issues facing students with disabilities.

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9. (a) There shall be a city-wide council on English language learners created pursuant to this section. The city-wide council on English language learners shall consist of four members, one from each council district, selected by the board of education in accordance with this paragraph. Each community schools advisory council shall submit a list of nominees to the board of education for consideration and the board shall select one person from each such submitted list to serve on the city-wide council on English language learners. Members of the city-wide council on English language learners shall serve a two year term. Vacancies shall be filled by the board of education for an unexpired term in accordance with the selection process established by this paragraph.

(b) The board of education shall select individuals with extensive experience and knowledge in the education of English language learners who will make a significant contribution to improving bilingual and English as a second language programs in the city district, including parents of students who receive such services.

(c) The city-wide council on English language learners shall have the power to:

(i) advise and comment on any educational or instructional policy involving bilingual or English as a second language programs;

(ii) issue an annual report on the effectiveness of the city district in providing services to English language learners and make recommendations, as appropriate, on how to improve the efficiency and delivery of such services; and

(iii) hold regular meetings open to the public, during which the public may discuss issues facing English language learners.

§ 2591-d. Board of education; powers and duties. 1. The board shall advise the superintendent on matters of policy affecting the welfare of the city school district and its pupils. The board shall exercise no executive power and perform no executive or administrative functions.

2. The board shall perform any duty imposed upon boards of education or trustees of common schools under this chapter or other statutes, or the rules of the regents and regulations of the commissioner so far as they may be applicable to the school or other educational affairs of a city, and not inconsistent with the provisions of this article.

3. Except as otherwise provided in this article, the board shall for all purposes be the government or public employer of all persons appointed or assigned to work for the city district.

4. The board shall also have the power and duty to:

(a) approve standards, policies, and objectives proposed by the superintendent directly related to educational achievement and student performance;

(b) approve any other standards, policies, and objectives as specifically authorized or required by federal or state law or regulation;

(c) approve a protocol developed by the superintendent relating to school closures pursuant to section twenty-five hundred ninety-one-e of this article;

(d) approve a procurement policy developed by the superintendent pursuant to section twenty-five hundred ninety-one-e of this article;

(e) approve the purchase of such apparatus, maps, globes, books, furniture and other equipment and supplies as may be necessary for the proper and efficient management of the schools and other educational, social and recreational activities and programs in the city district;

(f) approve a plan developed by the superintendent to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for each student with a disa-

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bility, as defined in section forty-four hundred one of this chapter, and for each student who is a qualified individual with a disability as defined in the rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701), as amended, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students. As part of such plan, the superintendent shall amend the city district's procurement policies to give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. For purposes of this subdivision, "alternative format" shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in an approved format, as defined in the regulations of the commissioner. When an electronic file is provided, the plan shall specify how the format will be accessed by students and/or how the district shall convert to an accessible format. Such plan shall identify the needs of students residing in the district for alternative format materials. Such plan shall also specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials. Such plans shall include procedures to address the need to obtain materials in alternative format without delay for disabled students who move into the school district during the school year;