Bill Text: NY S02840 | 2023-2024 | General Assembly | Introduced
Bill Title: Enacts the "New York city board for education policy members public responsibility act" requiring a quorum of the members of the city board to attend any hearing scheduled for purposes of allowing public comment on changes to educational plans for the school district of the city of New York.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S02840 Detail]
Download: New_York-2023-S02840-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2840 2023-2024 Regular Sessions IN SENATE January 25, 2023 ___________ Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Education AN ACT to amend the education law, in relation to enacting the "New York city board for education policy members public responsibility act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York city board for education policy members public responsi- 3 bility act". 4 § 2. Subdivision 8 of section 2590-g of the education law is amended 5 by adding a new paragraph (d) to read as follows: 6 (d)(i) A quorum of the members of the city board must attend any hear- 7 ing scheduled for purposes of allowing public comments as provided in 8 this subdivision. The city board shall not vote on any measure for which 9 a public hearing is required or set by the board unless a quorum of the 10 members of the city board attended the hearing relating to such measure. 11 (ii) As used in this paragraph: 12 (1) "quorum" means one-half of the members of the city board plus one 13 additional member; and 14 (2) "attendance" means personally recorded to be present in an offi- 15 cial capacity during at least seventy-five percent of the hearing. 16 (iii) In the event the city board or the chancellor determines that 17 immediate adoption of any item requiring city board approval is neces- 18 sary for the preservation of student health, safety or general welfare 19 and that compliance with the quorum requirements of this subdivision 20 would be contrary to the public interest, then such proposed item may be 21 adopted at a meeting of the city board on an emergency basis. The city 22 board or chancellor shall provide written justification for such deter- 23 mination and make such justification publicly available including via 24 the city board's official internet web site. All emergency adoptions 25 shall only remain in effect for sixty days, during such time the city EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03800-01-3S. 2840 2 1 board shall comply with the requirements of this subdivision in order 2 for the adoption of the item to become permanent. 3 § 3. Section 2590-g of the education law, as added by chapter 720 of 4 the laws of 1996, is amended by adding a new subdivision 8 to read as 5 follows: 6 8. (a) Prior to the approval of any proposed item listed in subdivi- 7 sion one of this section, undertake a public review process to afford 8 the public an opportunity to submit comments on the proposed item. Such 9 public review process shall include notice of the item under city board 10 consideration which shall be made available to the public, including via 11 the city board's official internet website, and specifically circulated 12 to all community superintendents, community district education councils, 13 community boards, and school based management teams, at least forty-five 14 days in advance of any city board vote on such item. Notice of the 15 proposed item under city board consideration shall include: 16 (i) a description of the subject, purpose and substance of the 17 proposed item under consideration; 18 (ii) information regarding where the full text of the proposed item 19 may be obtained; 20 (iii) the name, office, address, email and telephone number of a city 21 district representative, knowledgeable on the item under consideration, 22 from whom any information may be obtained concerning such item; 23 (iv) date, time and place of any hearing regarding the proposed item, 24 if applicable; 25 (v) date, time and place of the city board meeting at which the city 26 board will vote on the proposed item; and 27 (vi) information on how to submit written or oral comments regarding 28 the item under consideration. 29 (b) In the event that a proposed item listed in subdivision one of 30 this section is substantially revised at any time following the public 31 notice provided pursuant to paragraph (a) of this subdivision, the city 32 board shall issue a revised public notice. Such revised notice shall be 33 available at least fifteen days in advance of any city board vote on the 34 proposed item, but in no event shall the city board vote on any such 35 item within forty-five days from the initial public notice provided 36 pursuant to paragraph (a) of this subdivision. Revised public notice of 37 the item under city board consideration shall include: 38 (i) a description of the subject, purpose and substance of the revised 39 item under consideration; 40 (ii) identification of all substantial revisions to the item; 41 (iii) a summary of all public comments received on such item following 42 the initial public notice pursuant to paragraph (a) of this subdivision; 43 (iv) information regarding where the full text of the revised item may 44 be obtained; 45 (v) the name, office, address, email and telephone number of a city 46 district representative, knowledgeable on the item under consideration, 47 from whom any information may be obtained concerning such item; 48 (vi) date, time and place of any hearing regarding the item, if appli- 49 cable; 50 (vii) date, time and place of the city board meeting at which the city 51 board will vote on the item; and 52 (viii) information on how to submit written or oral comments regarding 53 the item under consideration. 54 (c) Following the public review process pursuant to paragraph (a) or 55 (b) of this subdivision but prior to voting on any proposed item listed 56 in subdivision one of this section, the city board shall make availableS. 2840 3 1 to the public, including via the city board's official internet web 2 site, an assessment of all public comments concerning the item under 3 consideration received prior to twenty-four hours before the city board 4 meeting at which such item is subject to a vote. Such assessment shall 5 include: 6 (i) a summary and an analysis of the issues raised and significant 7 alternatives suggested; 8 (ii) a statement of the reasons why any significant alternatives were 9 not incorporated into the proposed item; 10 (iii) a description of any changes made to the proposed item as a 11 result of public comments received; and 12 (iv) information as to where the full text of any approved item may be 13 obtained. 14 (d)(i) A quorum of the members of the city board must attend any hear- 15 ing scheduled for purposes of allowing public comments as provided in 16 this subdivision. The city board shall not vote on any measure for which 17 a public hearing is required or set by the board unless a quorum of the 18 members of the city board attended the hearing relating to such measure. 19 (ii) As used in this paragraph: 20 (1) "quorum" means one-half of the members of the city board plus one 21 additional member; and 22 (2) "attendance" means personally recorded to be present in an offi- 23 cial capacity during at least seventy-five percent of the hearing. 24 (iii) In the event the city board or the chancellor determines that 25 immediate adoption of any item requiring city board approval is neces- 26 sary for the preservation of student health, safety or general welfare 27 and that compliance with the quorum requirements of this subdivision 28 would be contrary to the public interest, then such proposed item may be 29 adopted at a meeting of the city board on an emergency basis. The city 30 board or chancellor shall provide written justification for such deter- 31 mination and make such justification publicly available including via 32 the city board's official internet web site. All emergency adoptions 33 shall only remain in effect for sixty days, during such time the city 34 board shall comply with the requirements of this subdivision in order 35 for the adoption of the item to become permanent. 36 § 4. This act shall take effect immediately; provided, however, that 37 the amendments to section 2590-g of the education law made by section 38 two of this act shall be subject to the expiration and reversion of such 39 section pursuant to section 34 of chapter 91 of the laws of 2002, as 40 amended, when upon such date the provisions of section three of this act 41 shall take effect.
