What's happening
This bill creates a temporary state commission to study segregation in New York's schools and report findings and recommendations.
Why it matters
Commission will investigate both the extent and impact of segregation in schools. including not just where segregation exists, but also its links to school funding and long-term economic effects on students and society, potentially revealing systemic inequities.
The commission has broad investigative powers. including subpoena authority, public and private hearings, and the ability to require documents and testimony. This means it can conduct a thorough, evidence-based review rather than a superficial or symbolic one.
Membership rules aim for political balance and independence. with appointments spread across political leaders and limits on party dominance, public office holding, and lobbying, which may increase the credibility and impartiality of its findings.
Annual reporting and recommendations to state leaders. ensure that the commission’s work can directly inform future legislative or policy actions, potentially setting the stage for meaningful reform based on its findings.
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Who cares
Headline styles
Study School Segregation Now
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to finance
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2204
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
Introduced by Sens. BAILEY, HOYLMAN, PARKER, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance
AN ACT creating a temporary state commission to examine the degree and effect of segregation in primary and secondary schools; and providing for the repeal of such provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. There is established within the department of education a temporary state commission to examine and review the degree of segregation in primary and secondary schools; here and after referred to as the commission. The commission shall have the following functions, powers and duties:
a. To appoint an executive director who shall act in accordance with the policies of the commission. The commission may delegate authority to the executive director to act in the name of the commission between meetings of the commission provided such delegation is in writing and the specific powers to be delegated are enumerated;
b. To appoint such other staff as are necessary to carry out its duties under this section;
c. To conduct investigations in connection with: the level of segregation in New York's primary and secondary schools; any correlation between segregation and inadequate school funding; and the long-term economic impact of inadequate educational resources on segregated students and society;
d. To make an annual report to the governor and the legislature not later than July first of each year which shall include its recommendations. The commission shall make such further interim reports to the governor, or to the governor and legislature, as it shall deem advisable, or as shall be required to do by the governor, the temporary president of the senate or the speaker of the assembly;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05452-01-9
S. 2204 2
e. To conduct any investigation authorized by this section at any place within the state; and to maintain offices, hold meetings and function at any place within the state as it may deem necessary;
f. To conduct private and public hearings and to designate one or more members of the commission or of its staff to preside over any such hearings; and
g. To administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation and require the production of any books, records, documents or other evidence it may deem relevant or material to an investigation.
§ 2. The commission shall consist of ten members, to be known as commissioners to be appointed as follows: Two members of the commission shall be appointed by the governor, two by the temporary president of the senate, two by the minority leader of the senate, two by the speaker of the assembly and two by the minority leader of the assembly, each to serve a three year term. No more than five members shall belong to the same political party. No member or employee of the commission shall hold any other public office or public employment and no member shall be employed as a lobbyist. The governor shall designate the chairperson of the commission from among the members thereof, who shall serve as chairperson at the pleasure of the governor. The chairperson or any six members of the commission may call a meeting. Any vacancy occurring on the commission shall be filled within 60 days of its occurrence in the same manner as the original appointment. A vacancy in the commission shall not impair the right of the remaining members to exercise all the powers of the commission. A person appointed to fill a vacancy shall be appointed for the unexpired term of the member he or she succeeds. Six members of the commission shall constitute a quorum and the commission shall have power to act by majority vote of the total number of members of the commission without vacancy. Members of the commission may be removed by the governor for substantial neglect of duty, gross misconduct in office, inability to discharge the powers or duties of office or violation of this section, after written notice and opportunity for a reply.
§ 3. The members of the commission shall not receive compensation but shall be reimbursed for reasonable expenses incurred in the performance of their official duties.
§ 4. The commission may request and shall receive from every department, division, board, bureau, commission or other agency of the state, or of any political subdivision thereof, cooperation and assistance in the performance of its duties.
§ 5. This act shall take effect July 1, 2019 and shall expire March 31, 2022, when upon such date the provisions of this act shall be deemed repealed.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act creating a temporary state commission to examine the degree and effect of segregation in primary and secondary schools; and providing for the repeal of such provisions upon expiration thereof
Purpose or general idea of bill
Authorizes the state department of education to investigate. the degree and effect of segregation in flew York's primary and secondary schools, and make subsequent recommendations to the governor and legislature.
Summary of specific provisions
Section 1 of this bill establishes the commission within the education department. This section also outlines the powers of the commission to appoint a director and staff, to conduct investigations, to conduct hearings, to subpoena witnesses, administer oaths, and procure documents as deemed relevant to an investigation, and to submit their findings to the governor and legislature.
Section 2 sets the rules by which the members of the commission shall be appointed, and by which vacancies may be fulfilled; and the term limits of such members.
Section 3 provides for the reimbursement of reasonable expenses by members of the commission.
Section 4 enables the commission to obtain cooperation from all bodies within the state government.
Section 5 is the effective date.
Justification
Segregation within public schools has been a. problem that state govern- ments have been trying to eliminate for decades. More than fifty years have passed since the Supreme Court decided the landmark case of Brown v. Board of Education. A high degree of racial sepa- ration in many of New York's Public schools still remains. According to information based on The 2014 Civil Rights Project conducted by UCLA, "New York State's Extreme School Segregation: inequality, Inaction and a Damaged Future." New York State ranks number one in the most segregated states for black students cateefory.
Segregation likely contributes to the resultant inequality in funding and educational achievement gaps seen in many minority school districts.
The establishment of a temporary, state-supported, nonpartisan commis- sion will serve to address this critical issue directly.. The commis- sion's powers will enable it to bring specific incidefits'bf segregation to the attention of the governor and state legislature, and recommend legislative action should a detailed investigation prove such action to be necessary. By doing such, the state will have taken a major step in ensuring an equal opportunity for all of its students to be educated.
Prior legislative history
2015-16: S.3794A - Referred to Finance
Fiscal implications
To be determined.
Effective date
July 1, 2018, with provisions
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.