Bill Text: NY A03223 | 2019-2020 | General Assembly | Introduced


Bill Title: Establishes the commission on diversity in specialized schools.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A03223 Detail]

Download: New_York-2019-A03223-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          3223
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 29, 2019
                                       ___________
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on Education
        AN  ACT  in  relation  to  establishing  the  commission on diversity in
          specialized schools; 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  department  of  education a commission to be known as the "commission on
     3  diversity in specialized schools", hereafter referred to as the "commis-
     4  sion", which shall be charged with examining  the  City  of  New  York's
     5  specialized  senior high schools' admission policies to evaluate current
     6  diversity initiatives and make recommendations on how to improve  diver-
     7  sity in such schools.
     8    (b)  The  commission shall consist of 18 members. The 18 members shall
     9  be appointed as follows: (i) two  members  shall  be  appointed  by  the
    10  temporary  president  of the senate; (ii) two members shall be appointed
    11  by the speaker of the assembly; (iii) one member shall be  appointed  by
    12  the minority leader of the senate; (iv) one member shall be appointed by
    13  the  minority leader of the assembly; (v) two members shall be appointed
    14  by the governor; (vi) five members shall be appointed by  the  board  of
    15  regents;  (vii)  two  members  appointed by the mayor of the City of New
    16  York; and (viii) three members appointed by the chancellor of  the  city
    17  school  district  of  the  City  of New York. The board of regents shall
    18  designate the chair from among the members of the commission.
    19    (c) The members of the commission shall receive  no  compensation  for
    20  their  services as members, but shall be allowed their actual and neces-
    21  sary expenses incurred in the performance of their  duties.  Members  of
    22  the  commission  shall  be  considered  public  officers for purposes of
    23  section 17 of the public officers law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05624-01-9

        A. 3223                             2
     1    (d) The commission shall begin to act 45 days  after  this  act  shall
     2  have  become  a law. A quorum shall consist of a majority of the members
     3  of the commission entitled to vote on the  matter  under  consideration.
     4  Approval  of any matter shall require the affirmative vote of a majority
     5  of the members voting thereon.
     6    (e)  The members of the commission shall adopt by-laws for the manage-
     7  ment and regulation of its affairs.
     8    § 2. Appointments to commission. The legislative leaders,  the  gover-
     9  nor,  the  mayor  of the City of New York and the chancellor of the city
    10  school district of the City of New York shall submit their  appointments
    11  to  the  board  of regents, and the board of regents shall make appoint-
    12  ments, no later than 45 days after this act becomes a law. If  any  such
    13  appointment  is  not  made by such date, the person or board responsible
    14  for making the appointment pursuant to subdivision (b) of section one of
    15  this act may make the  appointment  after  that  date,  but  the  vacant
    16  appointment  shall  not  count  for  calculation of a quorum until it is
    17  filled. Vacancies in the commission shall be filled in the  same  manner
    18  as the member whose vacancy is being filled was appointed.
    19    §  3.  Commission  staff  and  agency liaison. (a) The commissioner of
    20  education shall designate such employees of the department of  education
    21  as  are  reasonably necessary to provide support services to the commis-
    22  sion. The commissioner of education shall appoint one or more  represen-
    23  tatives  of the department of education to serve as liaison between such
    24  department and the commission.
    25    (b) The chancellor of the city school district of the City of New York
    26  shall designate such employees of the city school district of  the  City
    27  of  New  York as are reasonably necessary to provide support services to
    28  the commission. The chancellor of the city school district of  the  City
    29  of  New  York shall appoint one or more representatives of the office of
    30  the chancellor of the city school district of the City of  New  York  to
    31  serve as liaison between such office and the commission.
    32    (c)  All  state  agencies,  public  authorities, public benefit corpo-
    33  rations and the city school district of  the  City  of  New  York  shall
    34  provide  such  assistance as may be reasonably requested by the chair of
    35  the commission.
    36    (d) The commission, acting by the chair of the commission, may  employ
    37  additional  staff and consultants, who shall be paid from amounts avail-
    38  able to the commission for that purpose.
    39    § 4. Factors and information for consideration. The chancellor of  the
    40  city school district of the City of New York shall submit to the commis-
    41  sion,  no later than ninety days after this act becomes a law, a list of
    42  all diversity initiatives currently used by the specialized senior  high
    43  schools.  The  chancellor  may  submit additional relevant factors to be
    44  considered in the deliberations of the commission.  The  commission  may
    45  also adopt additional factors to be considered in its deliberations.
    46    §  5.  Deliberations  of  commission.  The deliberations, meetings and
    47  other proceedings of the commission and any committee thereof  shall  be
    48  governed  by  article  7  of  the  public  officers law. Any one or more
    49  members of a committee may participate in a meeting of such committee by
    50  means of a conference telephone, conference video  or  similar  communi-
    51  cations  equipment  allowing all persons participating in the meeting to
    52  hear each other at the same time.   Participation by  such  means  shall
    53  constitute  presence  in  person  at  a  meeting. At any meetings of the
    54  commission conducted by means  of  a  conference  telephone,  conference
    55  video   or   similar  communications  equipment,  other  than  executive
    56  sessions, the public shall be given an opportunity to listen. If a meet-

        A. 3223                             3
     1  ing other than an executive session is to be conducted  by  means  of  a
     2  conference  telephone, conference video or similar communications equip-
     3  ment, the public notice for the meeting shall  inform  the  public  that
     4  such  equipment will be used, and identify the means by which the public
     5  may listen to such meeting.
     6    § 6. Commission recommendations. (a) The  commission,  upon  consider-
     7  ation  of  demographic,  geographic,  educational  and fiscal indicators
     8  shall develop recommendations for improving diversity in the City of New
     9  York's specialized  senior  high  schools.  Such  recommendations  shall
    10  include,  but not be limited to, changes in the schools' admission proc-
    11  esses. In carrying out its functions, the commission  shall  collaborate
    12  with the city school district of the City of New York insofar as practi-
    13  cable  to  foster  discussions among, and conduct formal public hearings
    14  with requisite public notice to solicit input and  recommendations  from
    15  stakeholder  interests  including  but  not  limited  to school district
    16  administrators, teachers, school board members, parents, students,  non-
    17  pedagogical  school  support personnel, representatives from post-secon-
    18  dary institutions  and  other  pertinent  groups  and  individuals.  The
    19  commission  shall  formally solicit recommendations from school district
    20  administrators, teachers, school board members, parents, students,  non-
    21  pedagogical  school  support personnel, representatives from post-secon-
    22  dary institutions and other interested parties.
    23    (b)  The  commission  shall  make  recommendations  relating  to  each
    24  specialized senior high school.
    25    (c)  On  or  before July 1, 2020, the commission shall transmit to the
    26  governor, the legislature, the mayor of the City of  New  York  and  the
    27  chancellor  of the city school district of the City of New York a report
    28  containing its recommendations. Upon the transmission of the  report  to
    29  the governor and the legislature the commission shall be dissolved.
    30    § 7. Severability clause. If any clause, sentence, paragraph, subdivi-
    31  sion,  section  or  part  of  this act shall be adjudged by any court of
    32  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    33  impair,  or  invalidate  the remainder thereof, but shall be confined in
    34  its operation to the clause, sentence, paragraph,  subdivision,  section
    35  or part thereof directly involved in the controversy in which such judg-
    36  ment shall have been rendered. It is hereby declared to be the intent of
    37  the  legislature  that  this  act  would  have been enacted even if such
    38  invalid provisions had not been included herein.
    39    § 8. This act shall take effect immediately and shall  expire  and  be
    40  deemed repealed June 30, 2021.
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