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A02129 Summary:

BILL NOA02129
 
SAME ASNo Same As
 
SPONSORGantt
 
COSPNSR
 
MLTSPNSR
 
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.
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A02129 Actions:

BILL NOA02129
 
01/22/2019referred to education
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A02129 Memo:

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.
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A02129 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2129
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 22, 2019
                                       ___________
 
        Introduced  by M. of A. GANTT -- read once and referred to the Committee
          on Education
 
        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
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. The opening paragraph of section 2554 of the education law,
     2  as  amended  by  chapter  91  of the laws of 2002, is amended to read as
     3  follows:
     4    The board of education in a city shall exercise no executive power and
     5  perform  no  executive  or  administrative  function.  Subject  to   the
     6  provisions of this chapter, the board of education in a city, except the
     7  city board of the city of New York, shall have the power and it shall be
     8  its duty:
     9    §  1-a.  The  opening  paragraph of section 2554 of the education law,
    10  such section as renumbered by chapter  762  of  the  laws  of  1950,  is
    11  amended to read as follows:
    12    The board of education in a city shall exercise no executive power and
    13  perform   no  executive  or  administrative  function.  Subject  to  the
    14  provisions of this chapter, the board of education in a city shall  have
    15  the power and it shall be its duty:
    16    § 2. Subdivision 2 of section 2554 of the education law, as amended by
    17  chapter 27 of the laws of 2012, is amended to read as follows:
    18    2.  To create, abolish, maintain and consolidate such positions, divi-
    19  sions, boards or bureaus as, in its judgment, may be necessary  for  the
    20  proper  and  efficient  administration  of its work; to appoint a super-
    21  intendent of schools, such  associate,  assistant,  district  and  other
    22  superintendents, [examiners,] directors, supervisors, principals, teach-
    23  ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
    24  tors, attendance officers, secretaries, clerks, custodians, janitors and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00298-01-9

        A. 2129                             2
 
     1  other employees and other persons or experts in educational,  social  or
     2  recreational  work  or  in  the  business management or direction of its
     3  affairs as said  board  shall  determine  necessary  for  the  efficient
     4  management  of  the  schools and other educational, social, recreational
     5  and business activities; provided, however,  that  in  the  city  school
     6  districts  of  the cities of Buffalo[, Rochester,] and Syracuse appoint-
     7  ment of associate, assistant and  district  superintendents,  and  other
     8  supervising staff who are excluded from the right to bargain collective-
     9  ly  pursuant  to article fourteen of the civil service law shall, within
    10  the amounts budgeted for such positions, be  by  the  superintendent  of
    11  such city school district and those so appointed shall be in the unclas-
    12  sified  service  upon  such  appointment  for  civil service and related
    13  purposes notwithstanding any other provision of law,  and  in  the  city
    14  school  district  of  the  city  of  Rochester appointment of associate,
    15  assistant, district superintendents and other certified and  uncertified
    16  supervising staff and related administrative staff who are excluded from
    17  the  right  to  bargain collectively pursuant to article fourteen of the
    18  civil service law shall, within amounts budgeted for such positions,  be
    19  by  the  superintendent  of  such  city  school  district  and  those so
    20  appointed shall be in the unclassified service upon such appointment for
    21  civil service and related purposes notwithstanding any  other  provision
    22  of law; and to determine their duties except as otherwise provided here-
    23  in.
    24    §  3. Subdivision 2-a of section 2554 of the education law is REPEALED
    25  and five new subdivisions 2-a, 2-b, 28, 29 and 30 are added to  read  as
    26  follows:
    27    2-a.  In  its discretion to adopt a resolution establishing the office
    28  of auditor, and at any time after the establishment  of  the  office  of
    29  auditor, to adopt a resolution abolishing the office; provided, however,
    30  that  the  school district of the city of Rochester shall adopt a resol-
    31  ution establishing the office of auditor, and  shall  not  abolish  such
    32  office. A board of education which has established the office of auditor
    33  shall  appoint  an  auditor  who shall hold such position subject to the
    34  pleasure of the board. No person shall be eligible  for  appointment  to
    35  the office of auditor who shall be a member of the board of education or
    36  the  superintendent  of  schools or who shall hold any other position or
    37  perform in any capacity within the school district. When the  office  of
    38  auditor shall have been established and an auditor qualified, the powers
    39  and  duties of the board of education with respect to auditing accounts,
    40  charges, claims or  demands  against  the  city  school  district  shall
    41  devolve  upon  and  thereafter  be exercised by such auditor, during the
    42  continuance of the office. The auditor shall  have  access  to  and  may
    43  demand  production  of any records of the school district, including but
    44  not limited to estimates of revenues, expenses, indebtedness and capital
    45  needs and plans, whether in draft or final form with all back-up  infor-
    46  mation  and  work  papers,  and whether before or after submission to or
    47  approval by the school board.
    48    2-b. In its discretion to assign an examiner  with  power  to  conduct
    49  investigations  and  hearings on behalf of the board of education.  Each
    50  examiner shall have access to and may require the production  of  books,
    51  papers  and  other  documents  and  information  material related to any
    52  investigation or hearing. Each examiner shall conclude  and  report  the
    53  result of any such investigation or hearing to the board of education no
    54  later  than  six months after the date of authorization of such investi-
    55  gation or hearing.

        A. 2129                             3
 
     1    28. In the city school district of the city of Rochester, to authorize
     2  contracts for goods and services in amounts of fifty thousand dollars or
     3  more.
     4    29. In the city school district of the city of Rochester, upon receipt
     5  from  the superintendent, to review and either return to the superinten-
     6  dent for amendment or approve and  file  with  the  mayor,  pursuant  to
     7  section  twenty-five  hundred  seventy-six  of  this article, the annual
     8  itemized estimate and capital plan for the  district.  Such  budget  and
     9  capital plan shall include multi-year projections of revenues, expenses,
    10  indebtedness and capital needs.
    11    30.   In the city school district of the city of Rochester, to develop
    12  jointly, with  the  superintendent,  policies  and  procedures  for  the
    13  hiring, firing and evaluation of all employees of the district.
    14    §  4.  Subdivision 3 of section 2565 of the education law, as added by
    15  chapter 302 of the laws of 1980, is amended to read as follows:
    16    3. Notwithstanding the provisions of subdivisions one and two of  this
    17  section,  the  superintendent  of  schools  of the Rochester city school
    18  district shall serve [at the pleasure of the board of education]  for  a
    19  term pursuant to a contract; provided, however, that such term shall, in
    20  no  event,  exceed  a  period of four years. Further, the superintendent
    21  shall not be removed from office except upon the vote of  two-thirds  of
    22  the members of the board.
    23    § 5. Subdivision 6 of section 2566 of the education law, as amended by
    24  chapter 27 of the laws of 2012, is amended to read as follows:
    25    6. To have supervision and direction of associate, assistant, district
    26  and other superintendents, directors, supervisors, principals, teachers,
    27  lecturers,  medical  inspectors,  nurses, claims auditors, deputy claims
    28  auditors, attendance officers, janitors and other  persons  employed  in
    29  the management of the schools or the other educational activities of the
    30  city  authorized  by this chapter and under the direction and management
    31  of the board of education, except that in the city school  districts  of
    32  the cities of Buffalo[, Rochester,] and Syracuse to also appoint, within
    33  the  amounts  budgeted  therefor, such associate, assistant and district
    34  superintendents and all other supervising staff who  are  excluded  from
    35  the  right  to  bargain collectively pursuant to article fourteen of the
    36  civil service law and those so appointed shall be  in  the  unclassified
    37  service  upon  such  appointment  for civil service and related purposes
    38  notwithstanding any other provision of  law,  and  in  the  city  school
    39  district  of the city of Rochester to also appoint, within amounts budg-
    40  eted therefor, such associate, assistant, district  superintendents  and
    41  all other certified and uncertified supervising staff and related admin-
    42  istrative  staff who are excluded from the right to bargain collectively
    43  pursuant to article fourteen of the  civil  service  law  and  those  so
    44  appointed shall be in the unclassified service upon such appointment for
    45  civil  service  and related purposes notwithstanding any other provision
    46  of law; to transfer teachers from one school to  another,  or  from  one
    47  grade  of  the  course  of study to another grade in such course, and to
    48  report immediately such transfers to said board  for  its  consideration
    49  and  action;  to  report  to said board of education violations of regu-
    50  lations and cases of  insubordination,  and  to  suspend  an  associate,
    51  assistant,  district  or  other  superintendent,  director,  supervisor,
    52  expert, principal, teacher or other  employee  until  the  next  regular
    53  meeting  of  the  board,  when  all  facts relating to the case shall be
    54  submitted to the board for its consideration and action.
    55    § 6. Section 2566 of the education law is amended by adding  four  new
    56  subdivisions 10, 11, 12 and 13 to read as follows:

        A. 2129                             4
 
     1    10.  In  the city school district of the city of Rochester, to prepare
     2  and deliver to the board of education for review and approval an  annual
     3  itemized  estimate as provided for in section twenty-five hundred seven-
     4  ty-six of this article and an educational facilities capital plan.  Each
     5  such  estimate  and  capital  plan  shall  be at such level of detail as
     6  necessary so as to enable the board to make an informed review  of  such
     7  estimate  and  capital.  Also, each such estimate and capital plan shall
     8  include a four-year projection of estimated revenues, expenses,  capital
     9  needs, and indebtedness.
    10    11.  In  the city school district of the city of Rochester, to prepare
    11  and submit for every period of two months, in a format approved  by  the
    12  board  of  education  and  the mayor, a summary of the district's actual
    13  revenues, expenses, and indebtedness, and comparing the  same  with  the
    14  annual estimate.
    15    12. In the city school district of the city of Rochester, to authorize
    16  contracts  for  goods  and  services in amounts less than fifty thousand
    17  dollars.
    18    13. In the city school district of the city of Rochester,  to  develop
    19  jointly,  with  the  board of education, policies and procedures for the
    20  hiring, firing, and evaluation of all employees of the district.
    21    § 7. Subdivision 3 of section 2573 of the education law, as amended by
    22  chapter 27 of the laws of 2012, is amended to read as follows:
    23    3.  Associate  superintendents,  examiners  and  all  other  employees
    24  authorized  by  section  twenty-five hundred fifty-four of this article,
    25  except as otherwise provided in subdivision one of this  section,  shall
    26  be  appointed  by  the board of education except that in the city school
    27  districts of the cities of Buffalo[, Rochester,] and Syracuse, the asso-
    28  ciate, assistant and district superintendents and all other  supervising
    29  staff  who  are excluded from the right to bargain collectively pursuant
    30  to article fourteen of the civil service law shall be appointed,  within
    31  amounts  budgeted  therefor,  by  the superintendent of such city school
    32  district and those so appointed shall be  in  the  unclassified  service
    33  upon  such  appointment  for civil service and related purposes notwith-
    34  standing any other provision of law, and in the city school district  of
    35  the city of Rochester the associate, assistant, district superintendents
    36  and  all  other  certified and uncertified supervising staff and related
    37  administrative staff who are excluded from the right to bargain  collec-
    38  tively  pursuant  to  article fourteen of the civil service law shall be
    39  appointed, within amounts budgeted therefor, by  the  superintendent  of
    40  such city school district and those so appointed shall be in the unclas-
    41  sified  service  upon  such  appointment  for  civil service and related
    42  purposes notwithstanding any other provision of law.  In a city having a
    43  population of one million or more, such appointments shall  be  made  on
    44  nomination  of  the superintendent of schools. Notwithstanding any other
    45  provision in this chapter to the contrary, whenever an associate  super-
    46  intendent  of  schools in the employ of the board of education in a city
    47  having a population of one million or more fails of reappointment,  said
    48  person  shall  be  immediately  appointed an assistant superintendent of
    49  schools with permanent appointment as said term permanent appointment is
    50  defined in subdivisions four, five and six of this section.  The  salary
    51  of  such  assistant  superintendent  shall be less than the salary of an
    52  associate superintendent, but said  differential  in  salary  shall  not
    53  exceed  ten  per centum of the annual salary of an associate superinten-
    54  dent of schools.  When, however, an associate superintendent of  schools
    55  who  fails  of  reappointment  has to his credit thirty or more years of
    56  city service including ten or more years of service  as  such  associate

        A. 2129                             5
 
     1  superintendent  of schools, he shall suffer no reduction of salary or of
     2  pension prospects while serving  as  such  assistant  superintendent  of
     3  schools.
     4    §  8. This act shall take effect July 1, 2019; provided, further, that
     5  the amendments to the opening paragraph of section 2554 of the education
     6  law made by section one of this act shall be subject to  the  expiration
     7  and  reversion of such paragraph pursuant to section 34 of chapter 91 of
     8  the laws of 2002, as amended, when upon  such  date  the  provisions  of
     9  section one-a of this act shall take effect.
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