Amd §§2554, 2565, 2566 & 2573, rpld §2554 sub 2-a, Ed L
 
Relates to the board of education in the city of Rochester; regulates school governance in the city of Rochester; enumerates the powers and duties of the board of education in such city; enumerates the powers and duties of the chancellor of schools in such city.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2129
SPONSOR: Gantt
 
TITLE OF BILL:
An act to amend the education law, in relation to the board of education
in the city of Rochester; and to repeal certain provisions of such law
relating thereto
 
PURPOSE OR GENERAL IDEA OF BILL:
To streamline the decision-making process at the Rochester City School
District and make the Chief Executive Officer accountable for the
management and operation of the schools.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one would make it clear that boards of education of city school
districts should not exercise executive powers and perform executive or
administrative functions.
Sections two, five, six and seven would give the superintendent of the
Rochester School District the following duties and powers:
*prepare and deliver to the board of education for review and approval
an annual itemized budget and an educational facilities plan.
*prepare a bimonthly summary of the district's actual revenues,
expenses, and indebtedness and compare such information to the annual
budget.
*authorize contracts for goods and services in amounts less than
$50,000.
*develop with the board of education policies and procedures for the
hiring, firing and evaluation of all district employees.
*appoint certified and uncertified supervising staff and related admin-
istrative staff who are excluded from collective bargaining agreements.
Section three would remove the ability of the board of education of the
Rochester City School District to abolish the office of auditor and
prohibit the auditor from holding any other position or perform in any
capacity within the school district. The auditor would be given the
powers to access and demand certain financial documents of the school
district.
This section also provides that if the board of education decides to
appoint an examiner, then the examiner would be allowed to access and
demand all documents and information material to any investigation or
hearing. The examiner would have to conclude and report the result of
investigations or hearing to the board of education within 6 months of
the authorization of the investigation or hearing. This section would
also require the board of education of the Rochester City School
District to: authorize contracts for goods and services in amounts of
$50,000 or more; review, require amendments from the superintendent, and
to file with the mayor the annual itemized budget and capital plan for
the district submitted by superintendent; develop jointly, with the
superintendent, policies anti procedures for the hiring, firing and
evaluation of all employees of the district.
Section four would require that the superintendent of the Rochester City
School District serve for a term pursuant to a contract, and would
require a two-thirds vote of the members of the board of education for
the removal of the superintendent.
 
EFFECTS OF PRESENT LAW WHICH THIS PILL WOULD ALTER:
Amends §§ 2554, 2565, 2566 and 2573 of the Education Law.
 
JUSTIFICATION:
This bill will empower the educators and school professionals by taking
the politics out of our school decision-making process. It will clarify
lines of authority and responsibility, establish an effective system of
checks and balances over the powers and duties of educational policymak-
ers and facilitate decision-making that is based on goals not on poli-
tical expediency.
The management problems faced by the Rochester city school district have
more to do with overlapping responsibilities and the difficulty in
establishing accountability for actions and decisions than with individ-
ual actors. The new structure of governance set forth in this proposal
would clarify those lines of responsibility and allow the school
district to begin functioning properly.
 
PRIOR LEGISLATIVE HISTORY:
2011-2012: A.2552A
2013-2014: A.1015
2015-2016: A.457
2017-2018: A.200
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
Undetermined.
 
EFFECTIVE DATE:
July 1, 2019.