Bill Text: NY A00112 | 2017-2018 | General Assembly | Amended
Bill Title: Establishes the commission on education in the twenty-first century which shall examine the system of school districts and the delivery of education related services in the state and shall recommend changes to that system.
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: (Introduced - Dead) 2018-02-01 - print number 112a [A00112 Detail]
Download: New_York-2017-A00112-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 112--A 2017-2018 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2017 ___________ Introduced by M. of A. CAHILL, PERRY -- Multi-Sponsored by -- M. of A. CYMBROWITZ, GALEF, JAFFEE, MONTESANO, PEOPLES-STOKES, RAIA, THIELE, TITONE -- read once and referred to the Committee on Education -- recommitted to the Committee on Education in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to establishing the commission on education in the twenty-first century; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Commission established. (a) There is hereby created in the 2 executive department a commission to be known as the "commission on 3 education in the twenty-first century", hereafter referred to as the 4 "commission", which shall be charged with examining the system of school 5 districts and the delivery of education related services in New York 6 state and recommending changes to that system in light of factors 7 submitted pursuant to section four of this act and any additional 8 factors established by the commission. 9 (b) The commission shall consist of eighteen statewide members, and 10 regional members appointed pursuant to section six of this act. The 11 eighteen statewide members shall be appointed as follows: (i) two 12 members shall be appointed by the temporary president of the senate; 13 (ii) two members shall be appointed by the speaker of the assembly; 14 (iii) one member shall be appointed by the minority leader of the 15 senate; (iv) one member shall be appointed by the minority leader of the 16 assembly; (v) two members shall be appointed by the governor; and (vi) 17 ten members shall be appointed by the board of regents. The board of 18 regents shall designate the chair from among the statewide members of 19 the commission. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01421-02-8A. 112--A 2 1 (c) The members of the commission shall receive no compensation for 2 their services as members, but shall be allowed their actual and neces- 3 sary expenses incurred in the performance of their duties. Members of 4 the commission shall be considered public officers for purposes of 5 section 17 of the public officers law. 6 (d) The commission shall begin to act forty-five days after this act 7 shall have become a law. A quorum shall consist of a majority of the 8 members of the commission entitled to vote on the matter under consider- 9 ation. Approval of any matter shall require the affirmative vote of a 10 majority of the members voting thereon. 11 (e) The statewide members of the commission shall adopt by-laws for 12 the management and regulation of its affairs. 13 § 2. Appointments to commission. The legislative leaders and the 14 governor shall submit their appointments to the board of regents, and 15 the board of regents shall make appointments, no later than forty-five 16 days after this act becomes a law. If any such appointment is not made 17 by such date, the person or board responsible for making the appointment 18 pursuant to subdivision (b) of section one of this act may make the 19 appointment after that date, but the vacant appointment shall not count 20 for calculation of a quorum until it is filled. Vacancies in the commis- 21 sion shall be filled in the same manner as the member whose vacancy is 22 being filled was appointed. 23 § 3. Commission staff and agency liaison. (a) The commissioner of 24 education shall designate such employees of the state education depart- 25 ment as are reasonably necessary to provide support services to the 26 commission. The commission, acting by the chair of the commission, may 27 employ additional staff and consultants, who shall be paid from amounts 28 available to the commission for that purpose. 29 (b) The commissioner of education shall appoint one or more represen- 30 tatives of the department of education to serve as liaison between such 31 department and the commission. All state agencies, public authorities 32 and public benefit corporations shall provide such assistance as may be 33 reasonably requested by the chair of the commission. 34 § 4. Factors and information for consideration. (a) The commissioner 35 of education shall submit to the commission, no later than ninety days 36 after this act becomes a law, a list of factors to be considered in its 37 deliberations, which shall include but not be limited to: (i) geography, 38 including physical proximity and the size of the current school 39 districts and boards of cooperative educational services in each region 40 of the state; (ii) demographics, including student enrollment trends and 41 the composition and nature of communities in the current school 42 districts and boards of cooperative educational services in each region 43 of the state; (iii) economics, including existing collaborations to be 44 preserved or enhanced and opportunities to deliver commodities and 45 services through boards of cooperative educational services or other 46 entities; (iv) transportation and the potential for regional transporta- 47 tion services; (v) special education and the potential for regional 48 special education services; (vi) population density; and (vii) other 49 unique circumstances including the need to preserve existing or develop- 50 ing relationships, meet the needs of students, maximize educational 51 opportunities for students, assure local control, maintain the character 52 of community schools and ensure equitable access to rigorous programs 53 for all students. 54 (b) The commissioner of education may submit additional relevant 55 factors to be considered in the deliberations of the commission. TheA. 112--A 3 1 commission may also adopt additional factors to be considered in its 2 deliberations. 3 § 5. Deliberations of commission. The deliberations, meetings and 4 other proceedings of the commission and any committee thereof shall be 5 governed by article 7 of the public officers law. Any one or more 6 members of a committee may participate in a meeting of such committee by 7 means of a conference telephone, conference video or similar communi- 8 cations equipment allowing all persons participating in the meeting to 9 hear each other at the same time. Participation by such means shall 10 constitute presence in person at a meeting. At any meetings of the 11 commission conducted by means of a conference telephone, conference 12 video or similar communications equipment, other than executive 13 sessions, the public shall be given an opportunity to listen. If a meet- 14 ing other than an executive session is to be conducted by means of a 15 conference telephone, conference video or similar communications equip- 16 ment, the public notice for the meeting shall inform the public that 17 such equipment will be used, and identify the means by which the public 18 may listen to such meeting. 19 § 6. Regional input. (a) There shall be eight regional members of the 20 commission for each region established pursuant to this section. For 21 each region, two regional members shall be appointed by the governor, 22 two regional members shall be appointed by the temporary president of 23 the senate, two regional members shall be appointed by the speaker of 24 the assembly, and two regional members shall be appointed by the board 25 of regents. Regional members shall be considered to be members of the 26 commission for purposes of this act, provided that: 27 (i) Regional members shall vote and be counted for quorum purposes 28 only when the commission is acting on recommendations relating solely to 29 the regional members' respective region; and 30 (ii) Regional members shall not be considered to be members of the 31 commission for purposes of participation in commission meetings, except 32 where items relating specifically to that member's region are on the 33 agenda of a commission meeting. 34 (b) For purposes of this act, there shall be six regions: 35 (i) Long Island, consisting of the Eastern Suffolk, Nassau and Western 36 Suffolk boards of cooperative educational services; 37 (ii) New York City; 38 (iii) Hudson Valley, consisting of the Dutchess, Orange-Ulster, 39 Putnam-Northern Westchester, Rockland, Southern Westchester, Sullivan 40 and Ulster boards of cooperative educational services; 41 (iv) Eastern, consisting of the Capital Region, Clinton-Essex-Warren- 42 Washington, Delaware-Chenango-Madison-Otsego, Franklin-Essex-Hamilton, 43 Hamilton-Fulton-Montgomery, Otsego-Delaware-Schoharie-Greene, Questar 44 III, St. Lawrence-Lewis and Washington-Saratoga-Warren-Hamilton-Essex 45 boards of cooperative educational services; 46 (v) Central, consisting of the Broome-Tioga, Cayuga-Onondaga, Jeffer- 47 son-Lewis-Hamilton-Herkimer-Oneida, Herkimer-Hamilton-Fulton-Oswego, 48 Madison-Oneida, Oneida-Herkimer-Madison, Onondaga-Cortland-Madison, 49 Oswego, Schuyler, Chemung, Tioga and Tompkins-Seneca-Tioga boards of 50 cooperative educational services; 51 (vi) Western, consisting of the Cattaraugus-Allegany-Erie-Wyoming, 52 Erie 1, Erie 2-Chautauqua-Cattaraugus, Genesee Valley, Monroe 1, Monroe 53 2-Orleans, Ontario-Seneca-Yates-Cayuga-Wayne, Orleans-Niagara and Great- 54 er Southern Tier boards of cooperative educational services. 55 (c) The commission shall establish a regional advisory committee for 56 each region. The maximum number of members of each regional advisoryA. 112--A 4 1 committee shall be determined by the commission. Members of each 2 regional advisory committee shall be appointed in equal numbers by the 3 governor, the temporary president of the senate, the speaker of the 4 assembly and the board of regents. The governor, the temporary president 5 of the senate, the speaker of the assembly, and the board of regents 6 shall submit to the commission their appointments to the regional advi- 7 sory committees no later than ninety days after this act shall have 8 become a law. If any such appointment is not made by such date, the 9 person or board responsible for making such appointment may make the 10 appointment after that date, but the vacant appointment shall not count 11 for calculation of a quorum until such position is filled. Vacancies in 12 regional advisory committees shall be filled in the same manner as the 13 member whose vacancy is being filled was appointed. The regional advi- 14 sory committees shall begin to act ninety days after this act shall have 15 become a law. 16 (d) Each regional advisory committee upon consideration of demograph- 17 ic, geographic, educational and fiscal indicators within each board of 18 cooperative educational services region, shall develop recommendations 19 for reconfiguring such region's school districts and administrative 20 functions to align educational services with regional and local needs. 21 In carrying out its functions, a regional advisory committee shall 22 foster discussions among, and conduct formal public hearings with requi- 23 site public notice to solicit input from, local stakeholders' interests, 24 including but not limited to, school district administrators, district 25 superintendents and superintendents of schools, teachers, school board 26 members, parents, students, non-pedagogical school support personnel, 27 representatives from post-secondary institutions and other pertinent 28 groups and individuals. In developing its recommendations, each regional 29 advisory committee shall as far as practicable estimate the efficiencies 30 that may be derived from such school district or administrative recon- 31 figuration. On November 15, 2019, each regional advisory committee shall 32 transmit to the commission a report containing its recommendations, 33 which shall include specific recommendations for school district and 34 administrative reconfigurations. Such recommendations shall include but 35 not be limited to: delivery of commodities and services; pupil transpor- 36 tation; specialized professional development; maintenance; insurance 37 procurement; payroll administration; human resources and employee bene- 38 fit coordination; cooperative purchasing coordination; centralization of 39 business operations; printing services; state aid planning; textbook 40 purchasing and substitute teacher coordination; safety and risk manage- 41 ment; the units of school administration to be included in the reconfig- 42 ured school district; the units of school administration that will be 43 transferred to the board of cooperative educational services; size, 44 composition and apportionment of the governing body; the composition, 45 powers and duties of any local school committees to be created; the 46 disposition of real and personal school property; the disposition of 47 existing school indebtedness and lease-purchase; the assignment of 48 school personnel contracts, school collective bargaining agreements and 49 other school contractual obligations; the disposition of existing school 50 funds and existing financial obligations, including undesignated fund 51 balances, trust funds, reserve funds and other funds appropriated for 52 school purposes; a transition plan that addresses the development of a 53 budget for the first school year and interim personnel policies; an 54 estimate of the cost savings to be achieved through reconfiguration and 55 how costs will be reduced; recommended dates by which such actions 56 should occur; necessary investments, if any, that should be made in eachA. 112--A 5 1 case to carry out the regional advisory committee's recommendations; and 2 the regional advisory committee's justification for its recommendations, 3 including the use of any factors developed pursuant to section four of 4 this act. 5 (e) The failure of any regional advisory committee to perform the 6 duties imposed by this section shall not affect the obligation of the 7 commission to perform the duties imposed by section seven of this act. 8 § 7. Commission recommendations. (a) The commission, upon consider- 9 ation of demographic, geographic, educational and fiscal indicators 10 within each board of cooperative educational services region, shall 11 develop recommendations for reconfiguring school districts and adminis- 12 trative functions to align educational services with regional and local 13 needs. In carrying out its functions, the commission shall collaborate 14 with the regional advisory committees insofar as practicable to foster 15 discussions among, and conduct formal public hearings with requisite 16 public notice to solicit input and recommendations from statewide and 17 regional stakeholder interests including but not limited to school 18 district administrators, district superintendents and superintendents of 19 schools, teachers, school board members, parents, students, non-pedagog- 20 ical school support personnel, representatives from post-secondary 21 institutions and other pertinent groups and individuals. The commission 22 shall formally solicit recommendations from school district administra- 23 tors, district superintendents and superintendents of schools, teachers, 24 school board members, parents, students, non-pedagogical school support 25 personnel, representatives from post-secondary institutions and other 26 interested parties in each region of the state, and it shall take into 27 account such recommendations and the recommendations of the regional 28 advisory committees during its deliberations. In developing its recom- 29 mendations, the commission shall as far as practicable estimate the 30 efficiencies that may be derived from such school district and adminis- 31 trative reconfiguration, and shall consider the recommendations of the 32 regional advisory committees. 33 (b) The commission shall make recommendations relating to school 34 district and administrative reconfiguration, within each region. The 35 regional commission members shall vote as members of the commission only 36 when the commission is acting on recommendations relating solely to the 37 regional commission members' region. 38 (c) Such recommendations shall include but not be limited to: delivery 39 of commodities and services; pupil transportation; specialized profes- 40 sional development; maintenance; insurance procurement; payroll adminis- 41 tration; human resources and employee benefit coordination; cooperative 42 purchasing coordination; centralization of business operations; printing 43 services; state aid planning; textbook purchasing and substitute teacher 44 coordination; safety and risk management; the units of school adminis- 45 tration to be included in the reconfigured school district; the units of 46 school administration that will be transferred to the board of cooper- 47 ative educational services; size, composition and apportionment of the 48 governing body; the composition, powers and duties of any local school 49 committees to be created; the disposition of real and personal school 50 property; the disposition of existing school indebtedness and lease-pur- 51 chase; the assignment of school personnel contracts, school collective 52 bargaining agreements and other school contractual obligations; the 53 disposition of existing school funds and existing financial obligations, 54 including undesignated fund balances, trust funds, reserve funds and 55 other funds appropriated for school purposes; a transition plan that 56 addresses the development of a budget for the first school year andA. 112--A 6 1 interim personnel policies; an estimate of the cost savings to be 2 achieved through reconfiguration and how costs will be reduced; recom- 3 mended dates by which such actions should occur; necessary investments, 4 if any, that should be made in each case to carry out the commission's 5 recommendations; the commission's response to the recommendations of the 6 regional advisory committees; and the commissioner's justification for 7 its recommendations, including the use of the factors pursuant to 8 section four of this act. 9 (d) On or before December 1, 2019, the commission shall transmit to 10 the governor and the legislature a report containing its recommenda- 11 tions, which shall include specific recommendations for school districts 12 to be reconfigured and specific recommendations for administrative 13 services to be transferred to boards of cooperative educational 14 services. Upon the transmission of the report to the governor and the 15 legislature the commission shall be dissolved. 16 § 8. Implementation of recommendations. (a) Notwithstanding any 17 contrary provision of law, rule or regulation related to the reconfigur- 18 ing of school districts and administrative services the commissioner of 19 education shall take all actions necessary to implement, in a reason- 20 able, cost-efficient manner, the recommendations of the commission 21 pursuant to subdivisions (b) and (c) of section seven of this act. Such 22 school districts and boards of cooperative educational services shall 23 submit to the commissioner of education, at a time and in a form as 24 determined by the commissioner of education, an acceptable plan of 25 reconfiguration in accordance with applicable regulations. 26 (b) The provisions of subdivision (a) of this section shall not apply: 27 (i) unless the governor has transmitted the commission's report under 28 section seven of this act with his or her written approval of the recom- 29 mendations of the commission pursuant to subdivisions (b) and (c) of 30 section seven of this act to the commissioner of education and transmit- 31 ted a message to the legislature stating his or her approval of the 32 report on or before December 5, 2019; and (ii) if a majority of the 33 members of each house of the legislature vote to adopt a concurrent 34 resolution rejecting the recommendations of the commission pursuant to 35 subdivisions (b) and (c) of section seven of this act in their entirety 36 by December 31, 2019, after receiving a message from the governor under 37 this subdivision. In no event shall the commissioner of education begin 38 to implement the recommendations of the commission pursuant to subdivi- 39 sions (b) and (c) of section seven of this act prior to December 31, 40 2019. 41 § 9. The commission shall be authorized and entitled to receive any 42 grants offered pursuant to section 54 of the state finance law. 43 § 10. Severability clause. If any clause, sentence, paragraph, subdi- 44 vision, section or part of this act shall be adjudged by any court of 45 competent jurisdiction to be invalid, such judgment shall not affect, 46 impair, or invalidate the remainder thereof, but shall be confined in 47 its operation to the clause, sentence, paragraph, subdivision, section 48 or part thereof directly involved in the controversy in which such judg- 49 ment shall have been rendered. It is hereby declared to be the intent of 50 the legislature that this act would have been enacted even if such 51 invalid provisions had not been included herein. 52 § 11. This act shall take effect immediately and shall expire and be 53 deemed repealed June 30, 2021.
