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S09459 Summary:

BILL NOS09459
 
SAME ASSAME AS A10499
 
SPONSORLIU
 
COSPNSRJACKSON
 
MLTSPNSR
 
Amd §§2590-b, 2590-c, 2590-e, 2590-g & 2590-h, Ed L; amd §17, Chap 345 of 2009; amd §34, Chap 91 of 2002
 
Relates to governance of community school districts in the city of New York; includes representatives for education of students with disabilities; directs the commissioner of education to examine, evaluate, and make recommendations to the legislature and the governor on school governance in the city of New York.
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S09459 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9459
 
                    IN SENATE
 
                                      May 30, 2022
                                       ___________
 
        Introduced  by  Sen.  LIU  --  read  twice and ordered printed, and when
          printed to be committed to the Committee on New York City Education
 
        AN ACT to amend the education law, in relation to school  governance  in
          the city of New York; to amend chapter 345 of the laws of 2009, amend-
          ing  the  education  law  and other laws relating to the New York city
          board of education,  chancellor,  community  councils,  and  community
          superintendents,  in  relation  to the effectiveness thereof; to amend
          chapter 91 of the laws of 2002, amending the education law  and  other
          laws   relating   to  reorganization  of  the  New  York  city  school
          construction authority, board of education, and community  boards,  in
          relation to the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The section heading and subdivision 1 of section 2590-b  of
     2  the education law, as amended by chapter 345 of the laws of 2009,  para-
     3  graph  (a)  of  subdivision  1 as amended by section 43-b of part YYY of
     4  chapter 59 of the laws of 2019, are amended to read as follows:
     5    Continuation of city board and establishment of  community  districts;
     6  establishment  of  the  city-wide councils on special education, English
     7  language learners, [and] high schools, and district seventy-five. 1. (a)
     8  The board of education of the city school district of the  city  of  New
     9  York is hereby continued.
    10    (1)  (A)  Such  board of education shall consist of thirteen appointed
    11  members: one member to be appointed by each  borough  president  of  the
    12  city  of New York; and eight members to be appointed by the mayor of the
    13  city of New York.
    14    (B) Commencing on July first, two thousand twenty, the board of educa-
    15  tion shall consist of fifteen members: one member  to  be  appointed  by
    16  each borough president of the city of New York, one member to be elected
    17  by  community district education council presidents, and nine members to
    18  be appointed by the mayor of the city of New York. On or before December
    19  thirty-first, two thousand nineteen,  the  chancellor  shall  promulgate
    20  regulations  establishing  a  process  for  community district education
    21  council presidents to elect a member of the  board,  and  processes  for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16014-01-2

        S. 9459                             2
 
     1  removal of such member and for the filling of such position in the event
     2  of  a  vacancy. The first member elected by community district education
     3  council presidents pursuant to such regulations  shall  take  office  on
     4  July first, two thousand twenty and shall serve a term that ends on June
     5  thirtieth,  two  thousand twenty-two.  Thereafter, the member elected by
     6  community district education council presidents shall serve  for  a  two
     7  year term commencing on July first.
     8    (C) Commencing on August fifteenth, two thousand twenty-two, the board
     9  of  education  shall  consist  of twenty-three members: one member to be
    10  appointed by each borough president  of  the  city  of  New  York;  five
    11  members, one from each borough of the city of New York, to be elected by
    12  community district education council presidents; and thirteen members to
    13  be appointed by the mayor of the city of New York. The term of the first
    14  member elected by community district education council presidents pursu-
    15  ant  to  clause  (B)  of  this subparagraph shall be extended and end on
    16  August fourteenth, two thousand twenty-two. On or before July fifteenth,
    17  two thousand twenty-two, the  chancellor  shall  promulgate  regulations
    18  establishing  a  process for community district education council presi-
    19  dents to elect members of the board, and processes for removal  of  such
    20  members and for the filling of such positions in the event of a vacancy.
    21  All  appointed  members  and  members elected by the community education
    22  council presidents pursuant to such regulations  shall  take  office  on
    23  August  fifteenth,  two  thousand twenty-two and shall serve a term that
    24  ends on June thirtieth, two thousand twenty-three. Thereafter, appointed
    25  members and the members elected by community district education  council
    26  presidents shall serve for a one year term commencing on July first.
    27    (2) The chancellor and comptroller of the city of New York shall serve
    28  as [an] ex-officio non-voting [member] members of the city board.
    29    (3)  The  city  board  shall  elect its own chairperson from among its
    30  voting members.
    31    (4) All appointed members shall serve for [terms coterminous with  the
    32  terms  of their appointing authority] a one year term, provided that any
    33  member may be removed [at the pleasure of] for good cause, provided that
    34  voting against the appointing authority's direction shall not  be  cause
    35  for  removal,  by  the  appointing  authority, who shall provide written
    36  notice to the member and public explaining the reasons therefor at least
    37  ten days in advance of the removal and provide the  member  a  full  and
    38  fair opportunity to refute such reasons before removal.
    39    (5)  Except  for the chancellor, no board members shall be employed in
    40  any capacity by the city of New York, or a subdivision thereof,  or  the
    41  city board.
    42    (6)  No  appointed or elected member of the city board shall also be a
    43  member, officer, or employee of any public  corporation,  authority,  or
    44  commission where the mayor of the city of New York has a majority of the
    45  appointments.
    46    (7)  Each  borough  president's  appointee  shall be a resident of the
    47  borough for which the  borough  president  appointing  him  or  her  was
    48  elected  and  shall  be  the parent of a child attending a public school
    49  within the city school district of the city of New York.
    50    (8) Each mayoral appointee shall be a resident of the city  and  [two]
    51  four  shall  be  parents of a child attending a public school within the
    52  city district, provided that at least one appointee shall be the  parent
    53  of  a  child  with  an  individualized  education  program, at least one
    54  appointee shall be the parent of a  child  who  is  in  a  bilingual  or
    55  English as a second language program conducted pursuant to section thir-
    56  ty-two hundred four of this chapter, and at least one appointee shall be

        S. 9459                             3
 
     1  the parent of a child who is attending a district seventy-five school or
     2  program.
     3    (9)  All  parent members shall be eligible to continue to serve on the
     4  city board for two years  following  the  conclusion  of  their  child's
     5  attendance at a public school within the city district.
     6    (10)  Any  vacancy other than by an expiration of term shall be filled
     7  by appointment by the appropriate  appointing  authority  within  ninety
     8  days  of such vacancy and shall serve for the remainder of the unexpired
     9  term.
    10    (11) Notwithstanding any provision of local law, the  members  of  the
    11  board  shall  not  have  staff, offices, or vehicles assigned to them or
    12  receive compensation for their services, but shall be reimbursed for the
    13  actual and necessary expenses incurred by them  in  the  performance  of
    14  their duties.
    15    (12) Every appointed and elected member of the city board shall, with-
    16  in  the first three months of his or her term, complete a minimum of six
    17  hours of training on the financial oversight, accountability and fiduci-
    18  ary responsibilities of a city board  member,  as  well  as  a  training
    19  course on the powers, functions and duties of the city board.
    20    (b)  The city board shall hold at least one regular public meeting per
    21  month. At least one regular public meeting shall be held in each borough
    22  of the city of New York per year; any additional meetings may be  called
    23  at  the request of the chairperson. The city board shall consider appro-
    24  priate public accommodations when selecting a venue so  as  to  maximize
    25  participation by parents and the community.
    26    (c)  (i) Notice of the time, place and agenda for all city board regu-
    27  lar public meetings shall be publicly provided, including via  the  city
    28  board's  official  internet web site, and specifically circulated to all
    29  community superintendents, community district education councils, commu-
    30  nity boards, and school based management teams, at  least  ten  business
    31  days in advance of such meeting.
    32    (ii)  A city board regular public meeting agenda shall be comprised of
    33  a list and brief description of the  subject  matter  being  considered,
    34  identification  of all items subject to a city board vote, and the name,
    35  office, address, email address and telephone number of a  city  district
    36  representative,  knowledgeable  on the agenda, from whom any information
    37  may be obtained and to whom written comments may be submitted concerning
    38  items on such agenda.
    39    (iii) A city board meeting that includes an item  subject  to  a  city
    40  board vote related to approval of a school closure or significant change
    41  in  school  utilization  including the phase-out, grade reconfiguration,
    42  re-siting, or co-location of a school pursuant to paragraph h of  subdi-
    43  vision one of section twenty-five hundred ninety-g of this article shall
    44  be  held in the borough of the city of New York where the school that is
    45  subject to such proposed school closing or significant change in  school
    46  utilization is located.
    47    (d) The chairperson of the city board shall ensure that at every regu-
    48  lar  public  meeting  there  is a sufficient period of time to allow for
    49  public comment on any topic on the agenda prior to any city board vote.
    50    (e) Minutes of all city board regular public meetings  shall  be  made
    51  publicly  available,  including  via  the city board's official internet
    52  website, in a timely manner but no later  than  the  subsequent  regular
    53  city board meeting.
    54    §  2.  Subdivision  7 of section 2590-b of the education law is renum-
    55  bered subdivision 8 and a new subdivision 7 is added to read as follows:

        S. 9459                             4
 
     1    7. (a) There shall be a city-wide  council  on  district  seventy-five
     2  created  pursuant  to  this  section. The city-wide council for district
     3  seventy-five shall consist of eleven voting members and  one  non-voting
     4  member, as follows:
     5    (i)  nine  voting  members  who shall be parents of students receiving
     6  city-wide special education services in a district  seventy-five  school
     7  or  program  to  be  selected  by  parents  of students who receive such
     8  services pursuant to a representative process developed by the  chancel-
     9  lor. Such members shall serve a two year term;
    10    (ii)  two  voting members appointed by the public advocate of the city
    11  of New York, who shall be  individuals  with  extensive  experience  and
    12  knowledge  in  the areas of educating, training or employing individuals
    13  with disabilities and  who  will  make  a  significant  contribution  to
    14  improving  special  education  in  the city district. Such members shall
    15  serve a two year term; and
    16    (iii) one non-voting member who is a high school senior  appointed  by
    17  the  administrator  designated  by  the chancellor to supervise district
    18  seventy-five schools and programs. Such member shall serve  a  one  year
    19  term.
    20    (b)  The  city-wide  council  on  district seventy-five shall have the
    21  power to:
    22    (i) advise and comment on  any  educational  or  instructional  policy
    23  involving the provision of district seventy-five services;
    24    (ii)  issue an annual report on the effectiveness of the city district
    25  in providing services to district seventy-five students and make  recom-
    26  mendations,  as appropriate, on how to improve the efficiency and deliv-
    27  ery of such services; and
    28    (iii) hold at least one meeting per  month  open  to  the  public  and
    29  during  which the public may discuss issues facing district seventy-five
    30  students.
    31    (c) Vacancies shall be filled for an unexpired term by  the  city-wide
    32  council  for  district  seventy-five, pursuant to a process developed by
    33  the chancellor that shall include consultation with parents of  students
    34  attending  district seventy-five schools or programs; provided, however,
    35  that where a vacancy occurs in a position appointed by the public  advo-
    36  cate,  the public advocate shall appoint a member to serve the remainder
    37  of the unexpired term.
    38    § 3. Subdivisions 1, 4, 5 and 6 of section  2590-c  of  the  education
    39  law,  subdivision 1 as amended by section 43-c of part YYY of chapter 59
    40  of the laws of 2019, subdivisions 4 and 6 as amended by chapter  345  of
    41  the  laws  of  2009, subparagraph 2 of paragraph (b) of subdivision 6 as
    42  amended by chapter 103 of the laws of 2014 and subdivision 5 as  amended
    43  by  section 2 of subpart B of part II of chapter 55 of the laws of 2019,
    44  are amended to read as follows:
    45    1. Each community district shall be governed by a  community  district
    46  education  council.  The  community  councils  shall consist of [eleven]
    47  twelve voting members and [one]  two  non-voting  [member]  members,  as
    48  follows:
    49    (a)  (1)  For councils whose terms begin prior to two thousand twenty,
    50  nine voting members shall be parents  whose  children  are  attending  a
    51  school  or  a  pre-kindergarten  program  offered  by a school under the
    52  jurisdiction of the community district, or have attended a school  or  a
    53  pre-kindergarten  program  offered by a school under the jurisdiction of
    54  the community district within the preceding  two  years,  and  shall  be
    55  selected  by  the presidents and officers of the parents' association or
    56  parent-teachers' association. Such members shall serve for a term of two

        S. 9459                             5
 
     1  years. Presidents and officers of parents' associations or parent-teach-
     2  ers' associations who are candidates in the selection  process  pursuant
     3  to  this  section  shall not be eligible to cast votes in such selection
     4  process.  The  association  shall elect a member to vote in the place of
     5  each such president or officer for the purposes of the  selection  proc-
     6  ess.  Provided, however, that a parent of a pre-kindergarten pupil shall
     7  vacate his or her membership on such community district education  coun-
     8  cil  where  the  parent  no  longer has a child that attends a school or
     9  pre-kindergarten program offered by a school under the  jurisdiction  of
    10  the community district.
    11    (2)  For  councils  whose  terms  begin in two thousand twenty-one and
    12  thereafter, nine voting members shall  be  parents  whose  children  are
    13  attending  a  school  or  a pre-kindergarten program offered by a school
    14  under the jurisdiction of the community district,  or  have  attended  a
    15  school  under  the  jurisdiction  of  the  community district within the
    16  preceding two years, and shall be elected by parents of children attend-
    17  ing such schools and pre-kindergarten  programs  in  accordance  with  a
    18  process  developed  by  the  chancellor pursuant to subdivision eight of
    19  this section. Provided, however, that a  parent  of  a  pre-kindergarten
    20  pupil  shall  vacate  his  or  her membership on such community district
    21  education council when the parent no longer has a child that  attends  a
    22  school  or pre-kindergarten program offered by a school under the juris-
    23  diction of the community district.
    24    (b) Two voting members shall be appointed by  the  borough  presidents
    25  corresponding  to  such district. Such appointees shall be residents of,
    26  or own or operate a business in, the district and shall  be  individuals
    27  with  extensive  business, trade, or education experience and knowledge,
    28  who will make a significant contribution to improving education  in  the
    29  district. Such members shall serve for a term of two years.
    30    (c)  One  voting  member  shall be a parent whose child is attending a
    31  district seventy-five school or program,  or  has  attended  a  district
    32  seventy-five school or program within the preceding two years, and shall
    33  be  elected by parents of children attending such schools or programs in
    34  accordance with a process developed by  the  chancellor.    Such  member
    35  shall serve for a term of two years.
    36    (d)  Two  non-voting  [member]  members  who  [is  a]  are high school
    37  [senior] seniors residing in the district, shall  be  appointed  by  the
    38  superintendent  from among the elected student leadership. Such [member]
    39  members shall serve for a one year term.
    40    Members shall not be paid a salary or stipend, but shall be reimbursed
    41  for all actual and necessary expenses directly related to the duties and
    42  responsibilities of the community council.
    43    4. Notwithstanding any provisions of law to the contrary, the communi-
    44  ty district education council may appoint [a secretary]  an  administra-
    45  tive  assistant,  pursuant  to the policies of the city board, who shall
    46  perform the following functions:  (a) prepare meeting  notices,  agendas
    47  and  minutes;  (b) record and maintain accounts of proceedings and other
    48  council meetings; and (c) prepare briefing materials and  other  related
    49  informational materials for such meetings. Each council shall be respon-
    50  sible  for the appointment, supervision, evaluation and discharge of the
    51  [secretary] administrative assistant.
    52    5. No person may serve on more than one community council  or  on  the
    53  city-wide council on special education, the city-wide council on English
    54  language  learners,  [or]  the city-wide council on high schools, or the
    55  city-wide council on district seventy-five and a  community  council.  A
    56  member  of a community council shall be ineligible to be employed by the

        S. 9459                             6
 
     1  community council of which he or she is a member,  any  other  community
     2  council, the city-wide council on special education, the city-wide coun-
     3  cil on English language learners, the city-wide council on high schools,
     4  the  city-wide  council  on district seventy-five, or the city board. No
     5  person shall be eligible for membership on a community council if he  or
     6  she  holds any elective public office or any elective or appointed party
     7  position except that of delegate or alternate delegate  to  a  national,
     8  state, judicial or other party convention, or member of a county commit-
     9  tee.
    10    A person may be permanently ineligible for appointment to any communi-
    11  ty  district  education  council for any of the following: (a) an act of
    12  malfeasance directly related to his or  her  service  on  the  city-wide
    13  council  on special education, the city-wide council on English language
    14  learners, the city-wide council on high schools, the  city-wide  council
    15  on  district  seventy-five, community school board or community district
    16  education council; or (b) conviction of a crime, provided that any  such
    17  conviction shall be considered in accordance with article twenty-three-A
    18  of the correction law.
    19    Any decision rendered by the chancellor or the city board with respect
    20  to  the  eligibility  or  qualifications  of  the nominees for community
    21  district education councils must  be  written  and  made  available  for
    22  public inspection within seven days of its issuance at the office of the
    23  chancellor  and  the city board. Such written decision shall include the
    24  factual and legal basis for its issuance and a record  of  the  vote  of
    25  each board member who participated in the decision, if applicable.
    26    6. (a) In addition to the conditions enumerated in the public officers
    27  law creating a vacancy, a member of a community district education coun-
    28  cil  who refuses or neglects to attend three meetings of such council of
    29  which he or she is duly notified, without rendering in  writing  a  good
    30  and  valid  excuse  therefore  vacates  his  or her office by refusal to
    31  serve. Each absence and any written excuse rendered  shall  be  included
    32  within  the  official  written  minutes of such meeting. After the third
    33  unexcused absence the community council shall declare a vacancy  to  the
    34  chancellor.
    35    (b)  (1)  Vacancies  in positions that were not appointed by a borough
    36  president or elected by parents of children attending district  seventy-
    37  five  schools  or  programs shall be filled for an unexpired term by the
    38  community district education council after consultation with the  presi-
    39  dents'  council or other consultative body representing parents' associ-
    40  ations and other educational groups within the district. Recommendations
    41  made by such parents and other educational groups shall be submitted  in
    42  writing  and  included  within  the  record  of the meeting at which the
    43  vacancy is filled.
    44    (2) If such vacancy results in the council not  having  at  least  one
    45  member  who  is a parent of a student who is an English language learner
    46  or who has been an English language learner  within  the  preceding  two
    47  years, or results in the council not having at least one member who is a
    48  parent of a student with an individualized education program, the commu-
    49  nity  council  shall  select a parent having such qualifications to fill
    50  the vacancy.
    51    (c) If the vacancy is not filled by the community council within sixty
    52  days after it is declared due to a tie vote for  such  appointment,  the
    53  chancellor  shall  vote  with  the  community council, to break such tie
    54  vote. If the community council has failed to  fill  the  vacancy  within
    55  sixty  days  after it is declared because of any other reason, the chan-

        S. 9459                             7
 
     1  cellor shall order the community council to do so  pursuant  to  section
     2  twenty-five hundred ninety-1 of this article.
     3    (d) Where a vacancy occurs in a position appointed by a borough presi-
     4  dent,  the borough president shall appoint a member to serve the remain-
     5  der of the unexpired term.
     6    (e) Where a vacancy occurs in a position elected by parents  of  chil-
     7  dren attending district seventy-five schools or programs, the chancellor
     8  shall  develop  a  process  for  parents  of children attending district
     9  seventy-five schools or programs to select a member to serve the remain-
    10  der of the unexpired term.
    11    § 4. Subdivisions 7, 19 and 20 of section 2590-e of the education law,
    12  subdivision 7 as amended and subdivision 19 as added by chapter  123  of
    13  the  laws of 2003, subdivision 20 as amended by section 43-a of part YYY
    14  of chapter 59 of the laws of 2019, are amended to read as follows:
    15    7. participate in training and continuing education programs  pursuant
    16  to the provisions of this subdivision.
    17    (1)  Community district education council members shall participate in
    18  training to acquaint them with  the  powers,  functions  and  duties  of
    19  community  council members, as well as the powers of other governing and
    20  administering authorities that affect education including the powers  of
    21  the  commissioner, city board, chancellor and community superintendents.
    22  Such participation shall be completed no later than  three  months  from
    23  the  date in which a community council member takes office for the first
    24  time.
    25    (2) Each community district education council member shall be required
    26  to participate in continuing education programs on an  annual  basis  as
    27  defined  by  the chancellor. Participation in training pursuant to para-
    28  graph one of this subdivision by a community district education  council
    29  member  who  takes  office for the first time shall be deemed to satisfy
    30  the requirements of this subdivision for the first year of such member's
    31  term.
    32    (3) such training and continuing education programs shall be  approved
    33  by the chancellor, following consultation with the commissioner, and may
    34  be provided by the state education department, the city board, the chan-
    35  cellor  or  a nonprofit provider authorized by the chancellor to provide
    36  such training and continuing education programs.
    37    (4) the chancellor is authorized to promulgate  regulations  regarding
    38  providers and their certification, the content and implementation of the
    39  training  and  continuing education programs. Any such regulations shall
    40  be developed after consultation with the commissioner.
    41    (5) such training and continuing education programs shall  be  offered
    42  by  the  chancellor on an annual basis or more frequently, as needed, to
    43  enable community council members to comply with this subdivision.
    44    (6) failure of community council members to comply with  the  training
    45  and continuing education requirements mandated by this subdivision shall
    46  constitute cause for removal from office pursuant to section twenty-five
    47  hundred ninety-1 of this article.
    48    19.  Liaison  with  school leadership teams as may be necessary [and],
    49  provide assistance to the school leadership teams  where  possible,  and
    50  serve on the district leadership team by designating a representative.
    51    20. Consult on the selection of a community superintendent pursuant to
    52  subdivision thirty of section twenty-five hundred ninety-h of this arti-
    53  cle.  Such  consultation  shall include an opportunity for the community
    54  council to [meet with the final candidate or]  interview  a  minimum  of
    55  three  final  candidates the chancellor is considering appointing and to

        S. 9459                             8
 
     1  provide feedback to the chancellor, which may include a ranked  list  of
     2  such candidates, prior to the appointment being made.
     3    §  5.  Paragraph  (h)  of  subdivision 1 and subdivision 10 of section
     4  2590-g of the education law, paragraph (h) of subdivision 1  as  amended
     5  by  section 43-f of part YYY of chapter 59 of the laws of 2019, subdivi-
     6  sion 10 as added by chapter 345 of the laws of 2009, are amended to read
     7  as follows:
     8    (h) approve proposals for all school closures or  significant  changes
     9  in  school  utilization  including the phase-out, grade reconfiguration,
    10  re-siting, or co-location of schools, following any hearing pursuant  to
    11  subdivision  two-a of section twenty-five hundred ninety-h of this arti-
    12  cle. If the city board approves such a proposal that the relevant commu-
    13  nity council affirmatively voted against pursuant to  subdivision  twen-
    14  ty-one  of  section  twenty-five  hundred  ninety-e of this article, the
    15  board shall provide such council an explanation  for  its  determination
    16  within thirty days of such determination.
    17    10.  Respond,  at  a  regular  public  meeting, to the recommendations
    18  raised in the annual reports issued by the city-wide council on  special
    19  education, the city-wide council on English language learners [and], the
    20  city-wide  council on high schools and the city-wide council on district
    21  seventy-five.
    22    § 6. Subparagraph (v) of paragraph (c) of subdivision  15  of  section
    23  2590-h  of  the  education law, as amended by chapter 345 of the laws of
    24  2009, is amended and a new paragraph (d) is added to read as follows:
    25    (v) access to information regarding programs that  allow  students  to
    26  apply for admission where appropriate to schools outside a student's own
    27  attendance zone[.]; and
    28    (d)  require each public school under the chancellor's jurisdiction to
    29  have a parent coordinator who shall be responsible for engaging with and
    30  involving parents in the school community by  working  with  the  school
    31  principal,  school personnel, school based management team, parent asso-
    32  ciations, and community groups to identify parent and related school and
    33  community issues. The  community  district  education  council  of  each
    34  school shall be consulted prior to the selection of the parent coordina-
    35  tor.    Such consultation shall include an opportunity for the community
    36  district education council to meet with the final  candidate  or  candi-
    37  dates the school principal is considering selecting and to provide feed-
    38  back to the principal prior to the selection being made.
    39    §  7.  Section  2590-h of the education law is amended by adding a new
    40  subdivision 56 to read as follows:
    41    56. Render written responses to resolutions passed  by  the  city-wide
    42  education  councils  and  community  district  education councils within
    43  thirty days of receipt.
    44    § 8. 1. The commissioner of education shall  conduct  a  comprehensive
    45  review  and  assessment  of the overall effectiveness of the city of New
    46  York's school  governance  system.  Such  review  and  assessment  shall
    47  include  a study of school governance models and best practices utilized
    48  by other school districts. The commissioner of education shall  contract
    49  with  an  institute  of  higher  education  to assist in conducting such
    50  review and assessment.
    51    2. The commissioner of education shall hold at least one public  hear-
    52  ing in each borough of the city of New York and engage and solicit input
    53  from  a  broad  and  diverse  range of stakeholders and other interested
    54  parties, including but  not  limited  to  students,  parents,  teachers,
    55  administrators,  staff  and individuals with experience and expertise in
    56  education policy and school governance.

        S. 9459                             9
 
     1    3. The commissioner of education shall issue a report to the governor,
     2  the temporary president of the senate, and the speaker of  the  assembly
     3  of its findings and recommendations on or before December 1, 2023.
     4    §  9.  Subdivision 12 of section 17 of chapter 345 of the laws of 2009
     5  amending the education law and other laws relating to the New York  city
     6  board of education, chancellor, community councils, and community super-
     7  intendents,  as  amended  by section 43 of part YYY of chapter 59 of the
     8  laws of 2019, is amended to read as follows:
     9    12. any provision in sections one, two, three, four, five, six, seven,
    10  eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
    11  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
    12  section  17 of chapter 123 of the laws of 2003, as amended, shall expire
    13  and be deemed repealed June 30, [2022] 2024.
    14    § 10. Section 34 of chapter 91 of the laws of 2002 amending the educa-
    15  tion law and other laws relating to reorganization of the New York  city
    16  school construction authority, board of education, and community boards,
    17  as  amended by section 42 of part YYY of chapter 59 of the laws of 2019,
    18  is amended to read as follows:
    19    § 34. This act shall take effect July 1, 2002; provided, that sections
    20  one through twenty, twenty-four, and twenty-six through thirty  of  this
    21  act  shall  expire and be deemed repealed June 30, [2022] 2024 provided,
    22  further, that notwithstanding any provision of article 5 of the  general
    23  construction law, on June 30, [2022] 2024 the provisions of subdivisions
    24  3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
    25  b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
    26  2554  of  the  education  law  as repealed by section three of this act,
    27  subdivision 1 of section 2590-b of the  education  law  as  repealed  by
    28  section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
    29  2590-b of the education law as repealed by section seven  of  this  act,
    30  section 2590-c of the education law as repealed by section eight of this
    31  act, paragraph c of subdivision 2 of section 2590-d of the education law
    32  as  repealed by section twenty-six of this act, subdivision 1 of section
    33  2590-e of the education law as repealed by section twenty-seven of  this
    34  act,  subdivision  28 of section 2590-h of the education law as repealed
    35  by section twenty-eight of this act, subdivision 30 of section 2590-h of
    36  the education law as repealed by section twenty-nine of this act, subdi-
    37  vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
    38  section  thirty  of  this  act  shall  be  revived  and  be read as such
    39  provisions existed in law on the date immediately preceding  the  effec-
    40  tive  date of this act; provided, however, that sections seven and eight
    41  of this act shall take effect on November  30,  2003;  provided  further
    42  that  the  amendments to subdivision 25 of section 2554 of the education
    43  law made by section two of this act shall be subject to  the  expiration
    44  and  reversion of such subdivision pursuant to section 12 of chapter 147
    45  of the laws of 2001, as amended, when upon such date the  provisions  of
    46  section four of this act shall take effect.
    47    § 11. This act shall take effect immediately; provided that the amend-
    48  ments  to  sections  2590-b,  2590-c,  2590-e,  2590-g and 2590-h of the
    49  education law made by sections one, two,  three,  four,  five,  six  and
    50  seven  of  this  act  shall  not affect the expiration or repeal of such
    51  provisions and shall expire and be deemed repealed therewith.
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