NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A2569
SPONSOR: Gantt TITLE OF BILL:
An act to amend the education law, in relation to mayoral control of the
city school district of the city of Rochester; to amend the Rochester
city charter, in relation to an independent budget office; and providing
for the repeal of certain provisions upon expiration thereof
PURPOSE:
This bill would establish a school governance model within the City of
Rochester to provide to provide for greater parental participation and
input, transparency, and accountability in relation to the management
and operation of the City School District, and would provide the Mayor
and the District Superintendent with greater control over the management
of the City School District.
SUMMARY OF PROVISIONS:
Section 1 of the bill would establish the short title, "City of Roches-
ter School District Governance Reform Act."
Section 2 of the bill would amend the Education Law by adding-an Article
52-B under Title 2 of the Education Law.
* § 2591-a. would establish the application of the article to the City
School District of the City of Rochester.
* § 2591-b. would provide for definitions.
* § 2591-c. would establish the Board of Education and its composition
and would establish city-wide councils on special education and English
language learners.
* § 2591-c(1) would continue the Boards' existence.
* § 2591-c(2) (a)-(c) would provide that the Board consist of nine
members. One from each of the four council districts of the City
appointed by the Common Council, five appointed by the Mayor, who need
to be residents of the City and requires members of the Board posses the
knowledge ,and education required to do this job successfully.
* § 2591-c (3) would, provide that all members of the Board serve three
year terms, which are staggered, and would provide that a member may be
removed from office with good causes notice and an opportunity to be
heard: This section also would provide that a vacancy be filled within
thirty days and filed by the appointed authority.
* § 2591-c-(4) would prohibit members of the Board to receive any salary
or stipend, would be reimbursed for certain costs.
* § 2591-c (5)(a) and (b) would require any member of the Board to be a
registered voter and would provide that the member cannot hold office or
be a candidate, of any other elective office at the same time and would
prohibit members from being employed by the City or city district or be
a member of any public corporation, authority in which the Mayor has
substantial control.
* § 2591-c (6) would require that the Board hold at least one regular
public meeting per month and at least one regular public meeting in each
of the council districts per year.
* § 2591-c (7) would require all members to Prepare and file financial
disclosure statements.
* § 2591-c (8)(a) would establish a city-wide council on special educa-
tion consisting of four members, one from each council district, serving
two year terms, and (b) would require that they hold the requisite know-
ledge and expertise required to conduct their job successfully.
* § 2591-c (8)(c) would give the city-wide council the power to advise
and comment on educational or instructional policies involving students
with disabilities; issue annual reports and hold regular meetings open
to the public that concern issues facing students with disabilities.
* § 2591-c (9)(a) and (b) would establish a city-wide council on English
'Language Learners consisting of four members, one from each council
district, serving two year terms, and would require that they hold the
requisite knowledge and expertise required to do this job successfully.
* § 2591-c (9)(c) would give the city-wide council on English Language
Learners the power to advise and comment on any educational or instruc-
tional policy involving bilingual or English as a second language
program as well as the power to issue an annual report and to hold regu-
lar open meetings on issues facing English language learners.
* § 2591-d (1)-(3) would establish the powers and duties of the Board of
Education, including advising the Superintendent on school policies and
any power of trusteeship that is imposed on them.
* § 2591-d (4) (a) and (b) would give the Board the power and duty to
approve standards, policies and objectives proposed by the Superinten-
dent and approve standards and polices authorized by federal or state
law, (c) approve protocols relating to school closure, (d) approve
procurement policies, (e) approve certain expenses, (f) approve any
plans by the Superintendent that relate to instructional Materials, (g)
approve the establishment of free schooling that the Superintendent
deems necessary, (h) authorize the general course of study, (i) author-
ize and approve textbooks, (j) promote the best interest of the schools,
(k) approve transportation, home-teaching and special classes, (i)
approve any contracts that are proposed by the Superintendent for the
transportation of children, (m) approve the provision for education of
district residents (n) approve the process for screening principals, and
(o) approve the process for the selection of members to the community
schools advisory councils.
* § 2591-d (5) would require that the Board adopt a policy proposed by
the Superintendent that promotes the recruitment and retention of a
diverse workforce and student body.
* § 2591-e (1) would provide for the appointment, powers and duties of
the Superintendent of Schools. The Superintendent would be employed by
the Mayor subject to confirmation of the common a council. He or she
would receive a salary fixed by the Mayor.
* § 2591-e (2) would provide the Superintendent with the power to (a) be
the chief executive officer of the city district, (b) control and oper-
ate all pre-kindergarten, elementary, secondary and special education
schools programs and services, (c) promulgate minimum educational stand-
ards and curriculum to all schools and programs throughout the city
district, (d) prepare the content of each course of study authorized by
the Board, (e) prepare and file a budget estimate with the Mayor, (f)
recommend suitable lists of text books, (g) promulgate policies, (h)
establish a process for selection of school principals, (i) appoint and
supervise certain employees, (j) transfer teachers from one school to
another, (k) supervise the course of study, examination and promotion of
students, and all matters relating to the playground, parks, libraries,
(1) promote the involvement of all members of the community, (m) create
standards relating to the internal fiscal integrity of administrative
operations, (n) establish procedures for record keeping, (o) develop
procedures and policies and approve contracts awarded by the City, (p)
provide transportation, home-teaching or special classes for physically
or mentally disabled and delinquent children, (q) hold regular public
meetings in each council district, (r) provide information relating to
the City District, (s) issue annual reports on the participation of
minority and women owned business enterprises in the City District, (t)
propose a policy for Board approval that promotes the recruitment of a
workforce, (u) enforce all provisions of law and policies relating to
the management of the schools, (v) create, abolish, and consolidate such
positions, divisions, boards or bureaus as may be necessary, (w) provide
care, custody, control and safekeeping over school property, .(x) estab-
lish and maintain libraries, equip playgrounds, recreation centers,
social centers and reading rooms, (y) conduct and maintain extra class-
room activities, (z) purchase personal injury insurance, (aa) provide
transportation when there is a school sponsored filed trip or extracur-
ricular activity, (bb) prepare a school district report card, (cc) amend
the City district's five year capital facilities plan, (dd) use his or
her discretion to provide group insurance or policies, life insurance,
medical and health insurance to employees, and (ee) develop a process
for the selection of members to the Community Schools Advisory Council.
* § 2591-e (3)(a) would require that the Superintendent develop a proto-
col for school closings and in each proposal for school closing include,
(i) the school's academic performance, (ii) the. school's responsiveness
to previous school improvements or turnaround efforts, and (iii) the
current and projected pupil enrollment Of the school and prospective
need for such school buildings.
* § 2591-e (3)(b) would require the Superintendent to prepare a school
closure plan for each of the proposed closures and include: (i) the
ramifications of the closures on the community, (ii) the costs and
savings of such closings, (iii) the impacts of the closures on students
and the availability of other schools, (iv) any potential use of the
school buildings, (v) the Effect of the closure on personal needs, and
(vi) the type, age, and condition of the school building.
* § 2591-e (3) (c) would require that any school closure proposal be
made available to the public. * 2591-e (3) (d) would require that sixty
days after a school closing proposal the Superintendent hold a joint
public hearing regarding the closing.
* § 2591-e (3) (e) would require that the Superintendent make a decision
on all proposed school closures.
* § 2591-e (4) would require, that the Superintendent conduct a finger
print and criminal history check on all prospective employees.
* § 2591-f would establish a Community Schools Advisory Council ("Advi-
sory Council"), its composition, power and duties.
* § 2591-f (1)(a) would provide that the Advisory Council consist of
five members each of whom must be: (i) a resident of the Council
district, and (ii) an eligible voter, (iii) a parent of a child attend-
ing a school located within the councils district or having attended a
school within that district within !he preceding year.
* § 2591-f (b) would provide that members of the Community School Advi-
sory Council serve a two-year term and would not be paid a salary or
stipend.
* § 2591-f (c) would allow the president of the parent teacher associ-
ation to select a member to vote in his place.
* § 2591-f (2)(a) would provide that the Superintendent would develop
selection procedures to attempt to ensure a membership that reflects
representatives within the Council and diversity of the student popu-
lation, the Superintendent shall also require financial disclosure by
appointees, establish policies prohibiting political endorsements of
campaign contributions and ensure the distribution of guides to parents.
* § 2591-f (2)(b) would require that members of the Advisory Council be
selected on or before October thirty-first, two thousand and twenty.
* § 2591-f (2)(c) would require that one member of the advisory council
be the chair and also appoint a secretary who will: (i) prepare meet-
ings, notices, agendas and minutes, (ii) record and maintain accounts of
other advisory meetings, (iii) prepare briefing materials and other such
information.
* § 2591-f (3)(a) would provide that no member shall serve on more than
one council at one time and will not be eligible for any of the councils
if they hold any elective public offices or appointed party position.
* § 2591-f (3)(b) would provide that a person will be permanently ineli-
gible for any of the council positions if he or she (i) perform an act
of malfeasance directly related to his or her services; or (ii) is
convicted of a crime which is related to their services.
* § 2591-f (4) would provide the powers and duties of the Advisory Coun-
cil. Specifically the Advisory council-would: (a) promote achievements
of educational standards and objectives, (b) review, conduct public
hearings and comment on budgetary and fiscal matters, (c) conduct a
joint hearing with the Superintendent regarding school closings, (d)
conduct regular meetings with the Superintendent, (e) review Council
districts educational programs, (f) submit an annual evaluation of the
Superintendent to the Mayor, (g) provide input to the Superintendent as
necessary, and (h) submit a list to the Board of education of residents
to be considered by such board for membership.
* § 2591-g would provide for the appointment of teachers, administra-
tors, supervisors and other employees.
* § 2591-g (1) would provide that leachers and teaching staff shall be
appointed by the Superintendent and provides for the probationary period
for various teachers.
* § 2591-g (2) would provide that administrators, principals, directors
and supervisors and all other members of the supervising staff shall be
appointed by the Superintendent.
* § 2591-g (3) would provide that clerks, draftspersons, inspectors,
chemists, tabulating machine operators, secretaries, stenographers,
copyist, statisticians, janitors, custodians, custodian-engineers and
all others administrative employees of the District would be appointed
for the probationary period in the Civil Service Law.
* § 2591-g (4) would require that principals, supervisors, directors and
teachers have the necessary qualifications required under this chapter
and also would give the Superintendent the ability to prescribe higher
qualifications.
* § 2591-g (5) would provide that a period of time when service is not
required would not be considered a break in the probationary period.
* § 2591-h (1) would provide that the school principal be the adminis-
trative and instructional leader of the school.
* § 2591-h (2) would state that the Superintendent shall appoint school
principals.
* § 2591-h (3) would require the principal to be responsible for day-to-
day operation of the school and the principal would carry out the
following duties: (a) promote equal opportunity for the students, (b)
survey the environment of the school and its surroundings, and (c)
manage and operate the school building and other facilities under his or
her jurisdiction.
* § 2591-i (1) (a) would provide that the Superintendent prepare annual-
ly an itemized estimate a the sum of Money that is necessary for the
school year and to file the report with the Mayor, who would deliver it
to the Common Council.
* § 2591-i (1) (b) would require that the Superintendent transmit the
estimate to each community schools advisory council before submitting it
to the Mayor.
* § 2591-i (1) (c) would provide that the estimate must include: (i)
salaries, (ii) all expenses, and (iii) remodeling of the building or
construction.
* § 2591-i (2) (a) would define "city funds," "city amount," and "base
year."
* § 2591-i (2) (b) would provide that the city amount shall not be less
that the city amount appropriated in the base year determined at the
time of adoption of the budget for the ensuing fiscal year and that it
shall not be less than the city amount expended in the base year deter-
mined at the end of the school year.
* 2591-i (2) (c) would provide that the Mayor must certify to the
Commissioner that the city amount is in compliance with paragraph (b) of
this section.
* 2591-i (2) (d) would require that the school district audit report be
certified by an independent certified public accountant or independent
accountant.
* 2591-i (3) of this article provides that the Superintendent may submit
a special estimate in order to respond to emergencies which may arise.
*§ 2591-i (4) would state that the Board will not incur liability or an
expense chargeable against the funds under its control or to the City.
* § 2591-j (1) would provide that all money coming from whatever source
for purposes to be used by the Board will be paid into the treasury of
the city and credited to the Board.
* § 2591-j (2) would provide that such funds will be disbursed by the
authority of the Board after a written order drawn on the City Treasurer
or other fiscal officer.
* § 2591-j (3) would provide that if there are fixed salaries, or inter-
est on indebtedness becomes due on lawful contracts then these payments
may be made without prior audit of the Board or claims auditor. This
section also would permit the Board to enter into a contract with a bank
or trust company to provide for the deposit of the payroll of the School
District.
* § 2591-j (4) would make it unlawful for the City Treasurer or other
officer to have control of funds 10 permit their use for another purpose
other then which they are authorized. It also would require that the
Beard make a classification of the funds under its management and
control and furnish any data in relation to the funds and their
disbursement.
Section 3 of this bill would amend the Charter of the City of Rochester
by adding a new Chapter 17, which would establish an Independent Educa-
tion Budget Office.
* § 17-1 would establish an Independent Education Budget Office that
would be headed by a director that is appointed by the Mayor upon the
recommendation of a special committee established for this purpose.
* § 17-2 (a) would provide that the special committee be made up of five
members, two appointed by the Mayor two by the common council and one
mutually agreed upon by the two and that all of the members have the
requisite knowledge to perform their duties successfully.
* § 17-2 (b) would provide that the special committee recommend three
candidates to the Mayor for their appointments.
* § 17-2 (c) would provide that the director of the committee be hired
solely on his qualifications, for a term of four years, and provides
measures for filling his or her vacancy.
* § 17-2 (d) would provide that the special committee dissolve after the
appointment of a director by the Mayor.
* § 17-3 (a) states that the director will provide the Mayor with
certain information including information with respect to the budget,
appropriation bills, proposed local law, information relating to the
changing revenue conditions and other information that may be requested
by such officials and bodies.
* § 17-3 (b) would require that the director issue regular reports in
order to enhance public and official understanding of certain matters.
* § 17-3 (c) would authorize the director to gather any data he needs,
except for privileged information, from the Mayor, Common Council,
departments and agencies that he needs to perform his duties, except for
privileged information.
* § 17-3 (d) would require that the director make information obtained
under this section available to the public to the extent practicable,
and be able to furnish them with a copy of such information or report to
another person with reasonable costs.
* § 17-4 would provide that the funding for expenses of the Independent
Education Budget Office during each year will not be less that five
percent of the appropriations to pay the expenses of the office of
management during the fiscal year.
Section 4 of this bill would amend Education Law § 2552 by adding an
Article 52-b to this Chapter.
Section 5 of this bill would makes changes to subdivisions 1, 2, 3, 4,
5, 6, 7, 8 and 9 of § 2553 of the Education Law to establish th gender
neutrality in the law.
Section 6 of this bill would amend Education Law § 2554 to exempt the
City of Rochester from certain provisions in this chapter.
Section 7 of this bill would amend Education Law § 2554 to add that the
Superintendent will have the power to appoint associates, assistant and
district superintendents, and other supervising staff and list their
duties rather than giving this authority to the Board.
Section 7-a of this bill would amend Education Law § 2554 to provide
that the Board shall not abolish the office of claims auditor.
Section 8 of this bill would amend Education Law § 2563 to require that
the annual meeting of the Board take place on the first Tuesday in July.
Section 9 of this bill would amend Education Law § 2565 to allow the
Superintendent to serve at the pleasure of thy: Board but for a term not
to exceed four years.
Section 10 of this bill would amend Education Law § 2566-to permit the
Superintendent to appoint associates, assistant and district superinten-
dents and all other supervising staff, to transfer and suspend teachers
and to report to the Board on specific regulations and cases of insubor-
dination.
Section 11 of this bill would amend Education Law § 2573 to end the
exemption on hiring of associate superintendents by the City of Roches-
ter outside of the collective bargaining process.
Section 12 of this bill would amend Education Law § 2576 to add the City
of Rochester to the list of cities that has to file an annual estimate
of costs with the mayor or city manager.
Section 13 of this bill would provide that the terms of the current
members of the Board of Education shall expire on June 30, 2011. The
bill also would provide the dates on which the Mayor and Board must
appoint the members of the Board, so they are staggered pursuant to
Education Law § 2591-c.
Section 14 of this bill would prohibit the City of Rochester from rene-
gotiating or amending any collective bargaining agreements or other
contracts that expire when this act takes effect. If the agreement
expires prior to the effect of this act, then the Board may only negoti-
ate and enter into a new contract for a period until December 31, 2011.
Section 15 of this bill would provide that Article 52 of the Education
Law would continue to apply to the City of Rochester.
Section 16 of this bill would provide for a severability clause.
Section 17 of this bill would provide for the effective date.
EXISTING LAW:
Currently, a school board is elected by the City of Rochester residents.
This board controls the school district. This bill would provide for a
shift in governance that would eliminate the existing school board and
cede control of the district to the city government.
STATEMENT IN SUPPORT:
The current educational system in the City of Rochester is broken. For
decades four-year graduation rates of the Rochester City School District
(RCSD) have hovered around 50% - reaching as low as 39% in 2007. More-
over, too many students who do graduate are not well prepared for
college. Of 346 city graduates who enrolled in Monroe Community College
four years ago, less than 9% received their degree or certificate in the
standard two years. Half of the City's high schools are failing to meet
basic standards established under the No Child Left Behind Act. In some
Rochester schools, more than 80% of the students are failing to-attain
the basic skills necessary to advance. It is clear by these numbers that
Rochester City schools are not doing well.
These failures directly impact public safety nearly 70% of crime in the
city of Rochester is committed by high school dropouts. The future of
the City depends on its children, and they deserve a better educational
opportunity, which means that the community must demand changes. Chil-
dren and their parents must be the first priority of any education
system.
The State and the City have increased funding to address Rochester's
education problem for decades without measurable success. The City of
Rochester dedicates 73% of its property tax levy to the RCSD. When
combined with state and federal aid, the District spends between $18,000
and $20,000 per student, each year. The City can no longer afford to
continue to overburden its taxpayers, whose median household income is
only $29,000 per year, to support a system that has failed its children.
Change is needed now. The "City of Rochester School District Governance
Reform Act" would allow for a 5-year trial period to provide that needed
transformation. This legislation enables the Education Commission, in
consultation with four Community Schools Advisory Councils, to develop
policy changes that will indeed put children first.
The Mayor would appoint five non-paid members to the Education Commis-
sion, with the City Council adding four. This will create greater
accountability and oversight than the current diffuse system that is
spread out over seven elected School Board members. The Mayor, as the
Chief executive of the City, would be held accountable for producing
results.
The goals of this new management structure would include: *Higher gradu-
ation rates;
* Increased safety measures for students and teachers; *Guaranteed
school choice for parents;
* Guaranteed transportation to neighborhood schools;
* Creation of true neighborhood schools with access to facilities and
resources on nights, weekends and during the summer;
* An effective anti-truancy intervention program;
* Performance and needs tracking for children K-12 and beyond;
* Comprehensive college readiness and vocational training programs;
* Greatly increased opportunities for parental involvement;
* Ending wasteful duplication and reinvesting the savings in the class-
room; and
* Increased accountability and accessibility of the entire-educational
system.
This school governance issue has been studied for decades. The time for
fundamental change is now. We cannot afford to lose another class of
students due to our inaction.
BUDGET IMPLICATIONS:
There would be no cost to the State to implement this bill and there
will be a minimal cost to the local government to implement the new
Independent Education Budget Office.
EFFECTIVE DATE:
This bill would take effect immediately: provided, however that the
amendments to the opening paragraph of section 2554 of the education law
made by section six of this act shall not affect the expiration of such
paragraph and shall expire on the same date as such paragraph expires
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
expire and be deemed repealed June 30, 2024. Whichever occur first.
