What's happening
This bill requires the New York City Board of Education to ensure public participation, notice, and a quorum at hearings before voting on major policy items, with limited emergency exceptions.
Why it matters
Increases transparency and accountability. By mandating detailed public notice and opportunities for comment before major education policy decisions, the bill ensures that stakeholders (parents, teachers, community members) are informed and have meaningful input on decisions affecting NYC schools.
Requires decision-maker engagement. The quorum and attendance rules mean that the majority of board members must actually attend and participate in public hearings—preventing key decisions from being made by a small, potentially unrepresentative group, and making it harder for the board to ignore public feedback.
Limits emergency decision-making. While allowing for emergency actions in cases affecting student health, safety, or welfare, the bill requires that such decisions be temporary, publicly justified, and subject to the same transparency and participation rules within 60 days—guarding against misuse of emergency powers.
Guarantees feedback is considered. The board must publicly assess and respond to public comments, including explaining why alternative suggestions were accepted or rejected, increasing the likelihood that community voices have a real impact on policy outcomes.
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Who cares
Headline styles
Require School Board Attendance
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to new york city education
- Committee discharged and committed to new york city education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Require Board Attendance at Hearings
In Assembly Committee · Education · Sponsor N. Nick Perry
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
401
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to enacting the "New York city board for education policy members public responsibility act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known and may be cited as the "New York city board for education policy members public responsibility act".
§ 2. Subdivision 8 of section 2590-g of the education law is amended by adding a new paragraph (d) to read as follows:
(d)(i) A quorum of the members of the city board must attend any hearing scheduled for purposes of allowing public comments as provided in this subdivision. The city board shall not vote on any measure for which a public hearing is required or set by the board unless a quorum of the members of the city board attended the hearing relating to such measure.
(ii) As used in this paragraph:
(1) "quorum" means one-half of the members of the city board plus one additional member; and
(2) "attendance" means personally recorded to be present in an official capacity during at least seventy-five percent of the hearing.
(iii) In the event the city board or the chancellor determines that immediate adoption of any item requiring city board approval is necessary for the preservation of student health, safety or general welfare and that compliance with the quorum requirements of this subdivision would be contrary to the public interest, then such proposed item may be adopted at a meeting of the city board on an emergency basis. The city board or chancellor shall provide written justification for such determination and make such justification publicly available including via the city board's official internet web site. All emergency adoptions
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03254-01-9
S. 401 2
shall only remain in effect for sixty days, during such time the city board shall comply with the requirements of this subdivision in order for the adoption of the item to become permanent.
§ 3. Section 2590-g of the education law, as added by chapter 720 of the laws of 1996, is amended by adding a new subdivision 8 to read as follows:
8. (a) Prior to the approval of any proposed item listed in subdivision one of this section, undertake a public review process to afford the public an opportunity to submit comments on the proposed item. Such public review process shall include notice of the item under city board consideration which shall be made available to the public, including via the city board's official internet website, and specifically circulated to all community superintendents, community district education councils, community boards, and school based management teams, at least forty-five days in advance of any city board vote on such item. Notice of the proposed item under city board consideration shall include:
(i) a description of the subject, purpose and substance of the proposed item under consideration;
(ii) information regarding where the full text of the proposed item may be obtained;
(iii) the name, office, address, email and telephone number of a city district representative, knowledgeable on the item under consideration, from whom any information may be obtained concerning such item;
(iv) date, time and place of any hearing regarding the proposed item, if applicable;
(v) date, time and place of the city board meeting at which the city board will vote on the proposed item; and
(vi) information on how to submit written or oral comments regarding the item under consideration.
(b) In the event that a proposed item listed in subdivision one of this section is substantially revised at any time following the public notice provided pursuant to paragraph (a) of this subdivision, the city board shall issue a revised public notice. Such revised notice shall be available at least fifteen days in advance of any city board vote on the proposed item, but in no event shall the city board vote on any such item within forty-five days from the initial public notice provided pursuant to paragraph (a) of this subdivision. Revised public notice of the item under city board consideration shall include:
(i) a description of the subject, purpose and substance of the revised item under consideration;
(ii) identification of all substantial revisions to the item;
(iii) a summary of all public comments received on such item following the initial public notice pursuant to paragraph (a) of this subdivision;
(iv) information regarding where the full text of the revised item may be obtained;
(v) the name, office, address, email and telephone number of a city district representative, knowledgeable on the item under consideration, from whom any information may be obtained concerning such item;
(vi) date, time and place of any hearing regarding the item, if applicable;
(vii) date, time and place of the city board meeting at which the city board will vote on the item; and
(viii) information on how to submit written or oral comments regarding the item under consideration.
(c) Following the public review process pursuant to paragraph (a) or (b) of this subdivision but prior to voting on any proposed item listed
S. 401 3
in subdivision one of this section, the city board shall make available to the public, including via the city board's official internet web site, an assessment of all public comments concerning the item under consideration received prior to twenty-four hours before the city board meeting at which such item is subject to a vote. Such assessment shall include:
(i) a summary and an analysis of the issues raised and significant alternatives suggested;
(ii) a statement of the reasons why any significant alternatives were not incorporated into the proposed item;
(iii) a description of any changes made to the proposed item as a result of public comments received; and
(iv) information as to where the full text of any approved item may be obtained.
(d)(i) A quorum of the members of the city board must attend any hearing scheduled for purposes of allowing public comments as provided in this subdivision. The city board shall not vote on any measure for which a public hearing is required or set by the board unless a quorum of the members of the city board attended the hearing relating to such measure.
(ii) As used in this paragraph:
(1) "quorum" means one-half of the members of the city board plus one additional member; and
(2) "attendance" means personally recorded to be present in an official capacity during at least seventy-five percent of the hearing.
(iii) In the event the city board or the chancellor determines that immediate adoption of any item requiring city board approval is necessary for the preservation of student health, safety or general welfare and that compliance with the quorum requirements of this subdivision would be contrary to the public interest, then such proposed item may be adopted at a meeting of the city board on an emergency basis. The city board or chancellor shall provide written justification for such determination and make such justification publicly available including via the city board's official internet web site. All emergency adoptions shall only remain in effect for sixty days, during such time the city board shall comply with the requirements of this subdivision in order for the adoption of the item to become permanent.
§ 4. This act shall take effect immediately; provided, however, that the amendments to section 2590-g of the education law made by section two of this act shall be subject to the expiration and reversion of such section pursuant to section 34 of chapter 91 of the laws of 2002 and pursuant to subdivision 12 of section 17 of chapter 345 of the laws of 2009, as amended, when upon such date the provisions of section three of this act shall take effect.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to enacting the "New York city board for education policy members public responsibility act"
Purpose
An act to amend the education law to require a quorum of the board members to attend any public hearing scheduled for the purposes of allowing public comment on changes to education plans for public schools within New York City school districts.
Summary of specific provisions
Section one of the bill provides that the act shall be known as the New York City Board For Education Policy Members Public Responsibility Act"
Read the full memo (747 words)
Section two of the bill adds paragraph (d) to subdivision 8 of § 2590-0 of the education law. Subparagraph (i) requires a quorum of the members of the board for education policy which must attend any hearing sched- uled for purposes of allowing public comment as provided for in this section. The board shall not vote on a proposal unless there is a quorum of the members of the board. Subparagraph (ii) defines "attendance" and "quorum" for purposes of this new legislation. Subparagraph (iii) stipu- lates that if the board or chancellor determines that immediate adoption of an item requiring the approval of the board is necessary for the preservation of student health, safety, or general welfare and that compliance with the quorum requirements would be contrary to the public interest, then the item may be adopted at a meeting of the board on an emergency basis provided that the panel or chancellor provide written justification for the determination and make it available to the public on the board's website. Any item adopted pursuant to this subparagraph will only remain in effect for sixty days. The board would be required to meet the requirements of subparagraph (i) of this section for the item to be adopted on permanently.
Section four of the bill provides the effective date.
Justification
The New York City Board for Education Policy (PEP) is the highest deci- sion 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 clear that it was the intent of the legislature to require that the members of this Board participate in public hearings prior to voting and taking final actions on policy decisions affecting millions of families in the New York City school district. Board members' lack of attendance at the public hearings regarding proposals for significant changes in school utilization plans i.e., school closures and co-locations, reflect a subterfuge approach and a mockery of the democratic process required under state laws. The rights of ordi- nary citizens to appear before the actual members of the body who will cast the final vote is an indispensable cog of democracy. Under current practice, parents and communities are compelled 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 Board. This practice under Mayoral school control has purposefully circumvented the legislature's intent to provide the public with a direct voice to final decision makers. The Board members who primarily vote its approval of the Chancellor and DOE's recommendations without the required attend- ance and participation, are provided with the convenient opportunity to shirk their public responsibility which comes with the oath of office. Enactment of this bill into law will not only clarify the legislature's intent, but also close this loophole and establish a mechanism that enforces the law and public responsibility of each Board member.
Prior legislative history
2018: S.2629-B - Passed Senate / A.2949-B - Referred to Education 2017: S.2629-A - Passed Senate / A.2949-A - Referred to Education 2016: S.2824 - Passed Senate / A.6431 - Referred to Education 2015: S.2824 - Passed Senate / A.6431 - Referred to Education 2014: S.3615 - Referred to Education / A.4811 - Referred to Education 2013: S.3615 - Referred to Education / A.4811 - Referred to Education 2012: S.7673 - Referred to Rules / A.10409 - Referred to Education
Fiscal implications
No known fiscal impact.
Effective date
Immediately; provided, however, that the amendments to 5 2590g of the education law made by section two of this act shall not affect the expi- ration of such section and shall be deemed to expire therewith.
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