S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5659
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 26, 2015
                                      ___________
       Introduced  by  Sen.  KLEIN  -- read twice and ordered printed, and when
         printed to be committed to the Committee on Cities
       AN ACT to amend the New York city charter  and  the  education  law,  in
         relation  to  the  New  York city community school district system; to
         amend chapter 91 of the laws of 2002, amending the education  law  and
         other  laws relating to the reorganization of the New York city school
         construction authority, board of education and community  boards;  and
         to  amend  chapter 345 of the laws of 2009, amending the education law
         relating to the New York city board of education, chancellor, communi-
         ty councils and community superintendents, in  relation  to  extending
         the expiration and repeal date of certain provisions thereof
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  Paragraphs 20 and 21 of subdivision d of section  2800  of
    2  the  New  York city charter, paragraph 20 as amended and paragraph 21 as
    3  added by a vote of the people of the city of New  York  at  the  general
    4  election  held  in  November 1989, are amended and a new paragraph 22 is
    5  added to read as follows:
    6    (20) Within budgetary appropriations for  such  purposes,  disseminate
    7  information  about  city  services  and  programs,  process  complaints,
    8  requests, and inquiries of residents of the community district; [and]
    9    (21) Conduct substantial public outreach,  including  identifying  the
   10  organizations  active  in  the community district, maintaining a list of
   11  the names and mailing addresses of  such  community  organizations,  and
   12  making  such  names  and,  with the consent of the organization, mailing
   13  addresses available to the public upon request[.]; AND
   14    (22) COORDINATE WITH THE COMMUNITY EDUCATION COUNCIL,  AS  ESTABLISHED
   15  UNDER  ARTICLE  FIFTY-TWO-A  OF  THE EDUCATION LAW, WHOSE BOUNDARIES ARE
   16  EQUAL TO THOSE  OF  THE  COMMUNITY  DISTRICT.  THIS  COORDINATION  SHALL
   17  INCLUDE, BUT SHALL NOT BE LIMITED TO, MAKING SPACE AVAILABLE FOR MONTHLY
   18  MEETINGS, HELPING TO PUBLICIZE MEETINGS OF THE COMMUNITY EDUCATION COUN-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11005-03-5
       S. 5659                             2
    1  CIL,  ALLOWING COMMUNITY BOARD STAFF TO PROVIDE CLERICAL AND ADMINISTRA-
    2  TIVE SUPPORT TO THE MEMBERS OF THE COMMUNITY EDUCATION COUNCIL,  RECEIV-
    3  ING  REPORTS  FROM  THE  COMMUNITY EDUCATION COUNCIL INCLUDING AN ANNUAL
    4  REPORT  CARD  ON  THE CONDITION OF SCHOOLS IN THE COMMUNITY DISTRICT AND
    5  ANY PROPOSED OR PENDING CHANGES IN EDUCATION POLICY, AND HELPING DISSEM-
    6  INATE INFORMATION ON EDUCATION ISSUES PREPARED BY THE  COMMUNITY  EDUCA-
    7  TION COUNCIL TO PARENTS AND OTHER COMMUNITY ORGANIZATIONS AND MEMBERS.
    8    S 2. Section 2590-b of the education law, as amended by chapter 345 of
    9  the  laws of 2009, subparagraph (i) of paragraph (a) of subdivision 5 as
   10  amended by chapter 103 of the laws  of  2013,  is  amended  to  read  as
   11  follows:
   12    S 2590-b.  Continuation  of  city board and establishment of community
   13  districts; establishment of the city-wide councils on special education,
   14  English language learners, and high schools. 1. (a) The board of  educa-
   15  tion  of  the  city  school  district  of the city of New York is hereby
   16  continued. Such board of education shall consist of  [thirteen]  FIFTEEN
   17  appointed  members: one member to be appointed by each borough president
   18  of the city of New York; ONE MEMBER TO BE APPOINTED BY  THE  COMPTROLLER
   19  OF  THE CITY OF NEW YORK; ONE MEMBER TO BE APPOINTED BY THE PUBLIC ADVO-
   20  CATE OF THE CITY OF NEW YORK; and eight members to be appointed  by  the
   21  mayor of the city of New York. The chancellor shall serve as an ex-offi-
   22  cio  non-voting member of the city board. The city board shall elect its
   23  own chairperson from among its voting members.  All  [thirteen]  FIFTEEN
   24  appointed members shall serve [at the pleasure of the appointing author-
   25  ity]  FOR  A  FIXED  TERM  OF TWO YEARS and shall not be employed in any
   26  capacity by the city of New York, or a subdivision thereof, or the  city
   27  board.  No  appointed  member  of the city board shall also be a member,
   28  officer, or employee of any public corporation, authority, or commission
   29  where the mayor of the city of New York has a majority of  the  appoint-
   30  ments.  Each  borough  president's  appointee shall be a resident of the
   31  borough for which the  borough  president  appointing  him  or  her  was
   32  elected  and  shall  be  the parent of a child attending a public school
   33  within the city school district of the city of New York.  THE APPOINTEES
   34  FROM THE COMPTROLLER AND THE PUBLIC ADVOCATE SHALL BE RESIDENTS  OF  THE
   35  CITY.  Each mayoral appointee shall be a resident of the city [and], two
   36  shall be parents of a child attending a public school  within  the  city
   37  district;  AND  ONE  SHALL  BE  A  PARENT OF A CHILD ATTENDING A CHARTER
   38  SCHOOL CHARTERED PURSUANT TO ARTICLE FIFTY-SIX OF  THIS  CHAPTER  WITHIN
   39  THE  CITY DISTRICT.  All parent members shall be eligible to continue to
   40  serve on the city board for two years following the conclusion of  their
   41  child's  attendance at a public school OR CHARTER SCHOOL within the city
   42  district. Any vacancy shall be filled by appointment by the  appropriate
   43  appointing authority within ninety days of such vacancy. Notwithstanding
   44  any  provision  of  local  law,  the members of the board shall not have
   45  staff, offices, or vehicles assigned to them or receive compensation for
   46  their services, but shall be reimbursed for  the  actual  and  necessary
   47  expenses incurred by them in the performance of their duties.
   48    (b)  The city board shall hold at least one regular public meeting per
   49  month. At least one regular public meeting shall be held in each borough
   50  of the city of New York per year; any additional meetings may be  called
   51  at  the request of the chairperson. The city board shall consider appro-
   52  priate public accommodations when selecting a venue so  as  to  maximize
   53  participation by parents and the community.
   54    (c)  (i) Notice of the time, place and agenda for all city board regu-
   55  lar public meetings shall be publicly provided, including via  the  city
   56  board's  official  internet web site, and specifically circulated to all
       S. 5659                             3
    1  community superintendents, community district education councils, commu-
    2  nity boards, and school based management teams, at  least  ten  business
    3  days in advance of such meeting.
    4    (ii)  A city board regular public meeting agenda shall be comprised of
    5  a list and brief description of the  subject  matter  being  considered,
    6  identification  of all items subject to a city board vote, and the name,
    7  office, address, email address and telephone number of a  city  district
    8  representative,  knowledgeable  on the agenda, from whom any information
    9  may be obtained and to whom written comments may be submitted concerning
   10  items on such agenda.
   11    (d) The chairperson of the city board shall ensure that at every regu-
   12  lar public meeting there is a sufficient period of  time  to  allow  for
   13  public comment on any topic on the agenda prior to any city board vote.
   14    (e)  Minutes  of  all city board regular public meetings shall be made
   15  publicly available, including via the  city  board's  official  internet
   16  website,  in  a  timely  manner but no later than the subsequent regular
   17  city board meeting.
   18    2. (a) There shall be a community council for each community  district
   19  created pursuant to this article.
   20    [(b)  The  city  board shall define, adjust, alter, maintain and adopt
   21  the boundaries of the community districts pursuant to  this  chapter  no
   22  later  than February first, nineteen hundred ninety-five. There shall be
   23  no less than thirty nor more than thirty-seven community districts.
   24    (c) The city board may readjust or alter the districts  in  such  plan
   25  only  once  in  every  ten  years, commencing with the year two thousand
   26  four. The city board in conjunction with the chancellor and the communi-
   27  ty council representatives, shall prepare and  make  public  a  plan  to
   28  ensure the smooth transition of pupils and school personnel, creation of
   29  new  boards, and allocation of school facilities and resources among the
   30  districts established pursuant to paragraph  (b)  of  this  subdivision.
   31  Prior  to the adoption of the transition plan, the city board shall hold
   32  one or more public hearings in each borough. The city board  shall  make
   33  the transition plan available not less than three weeks before the first
   34  such  public  hearing.  Upon  receipt  of  comments,  the city board, in
   35  conjunction with the chancellor  and  the  community  council  represen-
   36  tatives,  shall prepare a revised transition plan, if necessary and make
   37  such plan available to the public for comment.
   38    3. (a)] (B) The redistricting advisory study group  established  prior
   39  to  the  effective  date  of this paragraph for the purpose of study and
   40  making recommendations on community school district boundaries, is here-
   41  by continued and shall MAKE RECOMMENDATIONS ON ALIGNING COMMUNITY SCHOOL
   42  DISTRICT BOUNDARIES TO THE BOUNDARIES OF COMMUNITY DISTRICTS AS  CREATED
   43  BY  CHAPTER  SIXTY-NINE  OF  THE  NEW  YORK CITY CHARTER AND perform the
   44  duties required herein.
   45    [(b) The study group shall prepare a report containing recommendations
   46  for  dividing  the  city  into  no  more  than  thirty-seven   community
   47  districts.]
   48    (c)  In  preparation of its recommendations for dividing the city into
   49  community districts, the study group shall ensure that  the  recommenda-
   50  tions  provide  for  the most effective delivery of educational services
   51  and shall be guided by the following criteria:
   52    (1) [each community district shall: (i) be a suitable size  for  effi-
   53  cient  policy-making  and economic management; (ii) contain a reasonable
   54  number of pupils; (iii) be  compact  and  contiguous,  contained  within
   55  county  lines,  and to the maximum extent possible, keep intact communi-
   56  ties and  neighborhoods;  and  (iv)  bear  a  rational  relationship  to
       S. 5659                             4
    1  geographic  areas  for  which  the  city  of New York plans and provides
    2  services;
    3    (2) to the extent possible, keep existing lines intact;
    4    (3)]  the  common  and  special education needs of the communities and
    5  school children involved;
    6    [(4)] (2) effective utilization of existing and planned school facili-
    7  ties;
    8    [(5)] (3)  minimum  disruption  of  existing  and  planned  elementary
    9  school-junior high/middle school-high school feeder patterns;
   10    [(6)] (4) transportation facilities; AND
   11    [(7)]  (5) additional administrative costs involved in the creation of
   12  such new districts[; and
   13    (8) ensure fair and effective representation of  racial  and  language
   14  groups pursuant to the Voting Rights Act of 1965, as amended;
   15    (9)  notwithstanding  the provisions of this subparagraph and subpara-
   16  graphs one through eight of this paragraph: (i)  the  residents  of  the
   17  county  of  New  York  in school district ten as it existed prior to the
   18  implementation of this paragraph shall  continue  to  remain  in  school
   19  district  ten  as  such  district  is  comprised; (ii) the boundaries of
   20  community district thirty-one shall  continue  to  remain  as  they  are
   21  currently  comprised;  and  (iii)  no  county shall have fewer community
   22  school districts than in existence on the effective date of  this  para-
   23  graph].
   24    (d)  The  study  group  shall hold one or more public hearings in each
   25  borough before final adoption of its recommendations.  The  study  group
   26  shall  make  its  recommendations available to the public for inspection
   27  and comment not less than one month before the first such  public  hear-
   28  ing.  Following its consideration of the comments received on the recom-
   29  mendations, the study group shall prepare a report containing its  final
   30  recommendations.  The  study  group  shall submit its report to the city
   31  board and make such report available to the  public  for  inspection  no
   32  later  than  November first, [nineteen hundred ninety-four] TWO THOUSAND
   33  SIXTEEN.
   34    (e) The city board of education shall hold  public  hearings  in  each
   35  borough  on  the  recommendations  submitted  by the study group and may
   36  adopt, revise or reject in whole or in part  such  recommendations,  or,
   37  may  request  the  study  group  to submit adjusted recommendations. The
   38  final recommendations shall be adopted by the city board of education no
   39  later than February first, [nineteen hundred ninety-five]  TWO  THOUSAND
   40  SEVENTEEN  to  take  effect  July  first,  [nineteen hundred ninety-six,
   41  provided that such revised boundaries adopted by the city board pursuant
   42  to this chapter shall be used for purposes  of  community  school  board
   43  elections to be held on the first Tuesday in May, nineteen hundred nine-
   44  ty-six] TWO THOUSAND EIGHTEEN.
   45    (f)  [Provided,  however,  that  the city board may make minor adjust-
   46  ments, (i) to correct errors  that  may  occur  in  the  district  lines
   47  adopted  by  the  city  board,  or (ii) upon showing a change in circum-
   48  stances. Any such limited revisions to community school  district  lines
   49  may  occur  between  the  effective  date of this paragraph and the city
   50  board readjustment scheduled in the year two thousand four.
   51    (g)] No public hearings required pursuant to this subdivision shall be
   52  held during the months of July and August. All public hearings shall  be
   53  held  at  a  time  and place designated to maximize community and parent
   54  participation. Notice of all such public hearings shall be provided in a
   55  timely manner to all print and electronic  media  and  shall  be  widely
   56  distributed  to  all interested parties, so as to maximize participation
       S. 5659                             5
    1  by parents and the community. In addition such notice shall be posted in
    2  each school building and district office.
    3    (G)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  THIS SUBDIVISION, ANY
    4  STUDENT WHO IS ALREADY ATTENDING A PUBLIC  SCHOOL  UNDER  THE  COMMUNITY
    5  DISTRICT  BOUNDARIES  AS  THEY EXISTED PRIOR TO JULY FIRST, TWO THOUSAND
    6  EIGHTEEN MAY ATTEND SUCH PUBLIC SCHOOL.
    7    4. a. There shall be a city-wide council on special education  created
    8  pursuant  to  this  section.  The city-wide council on special education
    9  shall consist of eleven voting members and  one  non-voting  member,  as
   10  follows:
   11    (1) nine voting members who shall be parents of students with individ-
   12  ualized  education  programs, to be selected by parents of students with
   13  individualized education programs pursuant to a  representative  process
   14  developed by the chancellor. Such members shall serve a two year term;
   15    (2) two voting members appointed by the public advocate of the city of
   16  New  York,  who shall be individuals with extensive experience and know-
   17  ledge in the areas of educating, training or employing individuals  with
   18  handicapping  conditions  and  will  make  a significant contribution to
   19  improving special education in the city  district.  Such  members  shall
   20  serve a two year term; and
   21    (3) one non-voting member who is a high school senior with an individ-
   22  ualized  education program, appointed by the administrator designated by
   23  the chancellor to supervise special education  programs.    Such  member
   24  shall serve a one year term.
   25    b. The city-wide council on special education shall have the power to:
   26    (1)  advise  and  comment  on  any educational or instructional policy
   27  involving the provision of services for students with disabilities;
   28    (2) advise and comment  on  the  process  of  establishing  committees
   29  and/or  subcommittees on special education in community school districts
   30  pursuant to section forty-four hundred two of this chapter;
   31    (3) issue an annual report on the effectiveness of the  city  district
   32  in providing services to students with disabilities and making recommen-
   33  dations,  as  appropriate, on how to improve the efficiency and delivery
   34  of such services; and
   35    (4) hold at least one meeting per month open to the public and  during
   36  which the public may discuss issues facing students with disabilities.
   37    c.  Vacancies  shall  be filled for an unexpired term by the city-wide
   38  council on special education, pursuant to a  process  developed  by  the
   39  chancellor that shall include consultation with parents of students with
   40  individualized  educational  programs;  provided  however,  that where a
   41  vacancy occurs in a position  appointed  by  the  public  advocate,  the
   42  public  advocate  shall  appoint  a member to serve the remainder of the
   43  unexpired term.
   44    5. (a) There shall be a city-wide council on English language learners
   45  created pursuant to this  section.  The  city-wide  council  on  English
   46  language  learners  shall  consist of eleven voting members and one non-
   47  voting member, as follows:
   48    (i) nine voting members who shall be parents of students who are in  a
   49  bilingual  or English as a second language program conducted pursuant to
   50  section thirty-two hundred four of this chapter, some  of  whom  may  be
   51  parents of students who have been in such a program within the preceding
   52  two  years,  to  be  selected  by  parents  of students who receive such
   53  services pursuant to a representative process developed by the  chancel-
   54  lor. Such members shall serve a two year term;
   55    (ii)  two  voting members appointed by the public advocate of the city
   56  of New York, who shall be  individuals  with  extensive  experience  and
       S. 5659                             6
    1  knowledge  in the education of English language learners and will make a
    2  significant contribution to improving bilingual and English as a  second
    3  language  programs  in the city district. Such members shall serve a two
    4  year term; and
    5    (iii)  one non-voting member who is a high school senior who is or has
    6  been in a bilingual or English as a second language  program,  appointed
    7  by  the  administrator  designated  by  the chancellor to supervise such
    8  programs. Such member shall serve a one year term.
    9    (b) The city-wide council on English language learners shall have  the
   10  power to:
   11    (i)  advise  and  comment  on  any educational or instructional policy
   12  involving bilingual or English as a second language programs;
   13    (ii) issue an annual report on the effectiveness of the city  district
   14  in  providing services to English language learners and making recommen-
   15  dations, as appropriate, on how to improve the efficiency  and  delivery
   16  of such services; and
   17    (iii)  hold  at  least  one  meeting  per month open to the public and
   18  during which the public may discuss issues facing English language lear-
   19  ners.
   20    (c) Vacancies shall be filled for an unexpired term by  the  city-wide
   21  council on English language learners, pursuant to a process developed by
   22  the  chancellor that shall include consultation with parents of students
   23  who receive services for English language  learners;  provided  however,
   24  that  where a vacancy occurs in a position appointed by the public advo-
   25  cate, the public advocate shall appoint a member to serve the  remainder
   26  of the unexpired term.
   27    6.  (a)  There  shall  be  a city-wide council on high schools created
   28  pursuant to this section. The city-wide council on  high  schools  shall
   29  consist  of  thirteen  voting  members  and  one  non-voting  member, as
   30  follows:
   31    (i) ten voting members who shall  be  parents  of  students  attending
   32  public  high  schools.  Two  members  representing each borough shall be
   33  selected by presidents and officers  of  the  parents'  associations  or
   34  parent-teachers'  associations  in  the  relevant borough, pursuant to a
   35  process established by the chancellor. Such members shall  serve  a  two
   36  year term;
   37    (ii)  one voting member who shall be a parent of a high school student
   38  with an individualized education program. Such member shall be appointed
   39  by the city-wide council on special education, and  shall  serve  a  two
   40  year term;
   41    (iii) one voting member who shall be a parent of a student in a bilin-
   42  gual  or English as a second language program conducted in a public high
   43  school. Such member shall be  appointed  by  the  city-wide  council  on
   44  English language learners, and shall serve a two year term;
   45    (iv) one voting member appointed by the public advocate of the city of
   46  New  York,  who shall be a resident of the city and shall have extensive
   47  business, trade, or education experience and knowledge who will  make  a
   48  significant  contribution  to  improving education in the city district.
   49  Such member shall serve for a term of two years; and
   50    (v) one  non-voting  member  who  is  a  public  high  school  senior,
   51  appointed by the chancellor pursuant to a process developed by the chan-
   52  cellor.  Such member shall serve a one year term.
   53    Officers of parents' associations or parent-teachers' associations who
   54  are  candidates  in  the selection process established by the chancellor
   55  pursuant to this subdivision shall not be eligible to cast votes in such
       S. 5659                             7
    1  selection process. The association shall elect a member to vote  in  the
    2  place of each such officer for purposes of the selection process.
    3    (b) The city-wide council on high schools shall have the power to:
    4    (i)  advise  and  comment  on  any educational or instructional policy
    5  involving high schools;
    6    (ii) issue an annual report on the effectiveness of the city  district
    7  in  providing  services  to  high school students and making recommenda-
    8  tions, as appropriate, on how to improve the efficiency and delivery  of
    9  such services; and
   10    (iii)  hold  at  least  one  meeting  per month open to the public and
   11  during which the public may discuss issues facing high schools.
   12    (c) Vacancies shall be filled for an unexpired term by  the  city-wide
   13  council on high schools, pursuant to a process developed by the chancel-
   14  lor  that  shall include consultation with parents of students attending
   15  public high school; provided, however, that where a vacancy occurs in  a
   16  position  appointed  by  the  public advocate, the public advocate shall
   17  appoint a member to serve the remainder of the unexpired term.
   18    7. (a) Members of the city-wide councils established pursuant to  this
   19  section  shall  not be paid a salary or stipend, but shall be reimbursed
   20  for all actual and necessary expenses directly related to the duties and
   21  responsibilities of the city-wide council on which they serve.
   22    (b) Each such city-wide council may appoint a secretary,  pursuant  to
   23  the  policies  of  the city board, who shall perform the following func-
   24  tions:
   25    (i) prepare meeting notices, agendas and minutes;
   26    (ii) record and maintain accounts of proceedings and meetings; and
   27    (iii) prepare briefing materials and other related informational mate-
   28  rials for such meetings.
   29    Each city-wide council  shall  be  responsible  for  the  appointment,
   30  supervision, evaluation and discharge of the secretary.
   31    (c)  No  person  may serve at the same time on more than one city-wide
   32  council established pursuant to this section, nor may any  person  serve
   33  at  the same time on such a city-wide council and any community district
   34  education council.
   35    (d) A member of a  city-wide  council  established  pursuant  to  this
   36  section  shall  be  ineligible  to  be employed by any such council, any
   37  community district education council, or the city board.
   38    (e) No person shall be eligible for membership on a city-wide  council
   39  established  pursuant  to  this  section if he or she holds any elective
   40  public office or any elective or appointed party position except that of
   41  delegate or alternate delegate to a national, state, judicial  or  other
   42  party convention, or member of a county committee.
   43    (f)  A  person who has been convicted of a felony, or has been removed
   44  from a city-wide council established pursuant to this section or  commu-
   45  nity district education council for any of the following shall be perma-
   46  nently ineligible for appointment to a city-wide council:
   47    (i)  an  act  of malfeasance directly related to his or her service on
   48  such city-wide council or community district education council; or
   49    (ii) conviction of a crime, if such crime is directly related  to  his
   50  or  her service upon such city-wide council or community district educa-
   51  tion council.
   52    (g) In addition to the conditions enumerated in  the  public  officers
   53  law  creating  a  vacancy,  a  member of a city-wide council established
   54  pursuant to this section who refuses or neglects to attend  three  meet-
   55  ings  of  such  city-wide  council  of which he or she is duly notified,
   56  without rendering in writing a good and valid  excuse  therefor  vacates
       S. 5659                             8
    1  his  or  her  office  by  refusal to serve. Each absence and any written
    2  excuse rendered shall be included within the official written minutes of
    3  such meeting. After the third unexcused absence such  city-wide  council
    4  shall declare a vacancy to the chancellor.
    5    S  3.  Subparagraph  2  of  paragraph  (b) of subdivision 6 of section
    6  2590-c of the education law, as amended by chapter 103 of  the  laws  of
    7  2014, is amended to read as follows:
    8    (2)  If  such  vacancy  results in the council not having at least one
    9  member who is a parent of a student who is an English  language  learner
   10  or  who  has  been  an English language learner within the preceding two
   11  years, or results in the council not having at least one member who is a
   12  parent of a  student  with  an  individualized  education  program,  the
   13  [community  council] BOROUGH PRESIDENT shall select a parent having such
   14  qualifications to fill the vacancy.
   15    S 4. Paragraph (c) of subdivision 6 of section 2590-c of the education
   16  law, as amended by chapter 345 of the laws of 2009, is amended  to  read
   17  as follows:
   18    (c) If the vacancy is not filled by the community council within sixty
   19  days  after  it  is declared due to a tie vote for such appointment, the
   20  [chancellor] BOROUGH PRESIDENT shall vote with the community council, to
   21  break such tie vote. If the community council has  failed  to  fill  the
   22  vacancy  within  sixty  days  after  it is declared because of any other
   23  reason, the chancellor shall order the community council to do so pursu-
   24  ant to section twenty-five hundred ninety-1 of this article.
   25    S 5. Paragraph (b) of subdivision 8 of section 2590-c of the education
   26  law, as amended by chapter 345 of the laws of 2009, is amended  to  read
   27  as follows:
   28    (b) develop a process for nomination of candidates for community coun-
   29  cil  membership. Such process will outline in detail the procedure which
   30  must be followed to present a name for consideration, may include quali-
   31  fications and prohibitions in addition to those outlined in this section
   32  and may allow for an interview process for nominees.  FURTHERMORE,  SUCH
   33  PROCESS  SHALL  PROVIDE  FOR THE NOMINATION OF CANDIDATES BY THE BOROUGH
   34  PRESIDENT IN THE EVENT AN INSUFFICIENT NUMBER OF  CANDIDATES  ARE  NOMI-
   35  NATED.
   36    S  6. Subdivision 8 of section 2590-e of the education law, as amended
   37  by chapter 123 of the laws of 2003, is amended to read as follows:
   38    8. Each year prepare a school district report card pursuant  to  regu-
   39  lations  of  the  commissioner,  and shall make it publicly available by
   40  transmitting it to local newspapers of general circulation, appending it
   41  to copies of the proposed budget made publicly available as required  by
   42  law,  making it available for distribution at the annual meeting, SUBMIT
   43  IT TO THE COMMUNITY BOARD WHICH SHALL PRESENT SUCH REPORT  CARD  AT  ITS
   44  NEXT  SCHEDULED  MEETING,  and otherwise disseminating it as required by
   45  the commissioner. Such report card shall include measures of the academ-
   46  ic performance of the school district, on a school by school basis,  and
   47  measures of the fiscal performance of the district, as prescribed by the
   48  commissioner.  Pursuant  to  regulations of the commissioner, the report
   49  card shall also compare these measures to  statewide  averages  for  all
   50  public  schools, and statewide averages for public schools of comparable
   51  wealth and need, developed by the commissioner. Such report  card  shall
   52  include,  at a minimum, any information on the school district regarding
   53  pupil performance and expenditure per pupil required to be  included  in
   54  the  annual  report  by the requests to the governor and the legislature
   55  pursuant to section two hundred fifteen-a of this chapter; and any other
   56  information required by the commissioner. School districts  (i)  identi-
       S. 5659                             9
    1  fied  as  having  fifteen  percent  or more of their students in special
    2  education, or (ii) which have fifty percent or more  of  their  students
    3  with  disabilities  in  special  education  programs  or  services sixty
    4  percent  or  more  of the school day in a general education building, or
    5  (iii) which have eight percent or more of their students with  disabili-
    6  ties  in special education programs in public or private separate educa-
    7  tional settings shall indicate on  their  school  district  report  card
    8  their respective percentages as defined in this paragraph and paragraphs
    9  (i) and (ii) of this subdivision as compared to the statewide average.
   10    S 7. Paragraph (v) of subdivision 1 of section 2590-f of the education
   11  law,  as added by chapter 345 of the laws of 2009, is amended to read as
   12  follows:
   13    (v) to hold at least two public forums  within  the  district,  during
   14  each  school  year,  for  the  purpose  of  reporting  on the district's
   15  performance, including  progress  made  toward  achieving  the  district
   16  comprehensive  educational plan goals, discussing plans for improvement,
   17  and receiving parental and community comments and concerns; the communi-
   18  ty superintendent shall ensure that notice  for  the  public  forums  is
   19  posted  in  a  manner to maximize the participation of parents, students
   20  and school personnel and is specifically circulated to  members  of  the
   21  school  based management teams, community district education council and
   22  the [relevant] community [boards] BOARD.
   23    S 8. Section 34 of chapter 91 of the laws of 2002 amending the  educa-
   24  tion  law  and other laws relating to the reorganization of the New York
   25  city school construction authority, board  of  education  and  community
   26  boards,  as  amended  by  chapter 345 of the laws of 2009, is amended to
   27  read as follows:
   28    S 34. This act shall take effect July 1, 2002; provided, that sections
   29  one through twenty, twenty-four, and twenty-six through thirty  of  this
   30  act  shall expire and be deemed repealed June 30, [2015] 2020; provided,
   31  further, that notwithstanding any provision of article 5 of the  general
   32  construction law, on June 30, [2015] 2020 the provisions of subdivisions
   33  3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
   34  b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
   35  2554  of  the  education  law  as repealed by section three of this act,
   36  subdivision 1 of section 2590-b of the  education  law  as  repealed  by
   37  section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
   38  2590-b of the education law as repealed by section seven  of  this  act,
   39  section 2590-c of the education law as repealed by section eight of this
   40  act, paragraph c of subdivision 2 of section 2590-d of the education law
   41  as  repealed by section twenty-six of this act, subdivision 1 of section
   42  2590-e of the education law as repealed by section twenty-seven of  this
   43  act,  subdivision  28 of section 2590-h of the education law as repealed
   44  by section twenty-eight of this act, subdivision 30 of section 2590-h of
   45  the education law as repealed by section twenty-nine of this act, subdi-
   46  vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
   47  section  thirty  of  this  act  shall  be  revived  and  be read as such
   48  provisions existed in law on the date immediately preceding  the  effec-
   49  tive  date of this act; provided, however, that sections seven and eight
   50  of this act shall take effect on November  30,  2003;  provided  further
   51  that  the  amendments to subdivision 25 of section 2554 of the education
   52  law made by section two of this act shall be subject to  the  expiration
   53  and  reversion of such subdivision pursuant to section 12 of chapter 147
   54  of the laws of 2001, as amended, when upon such date the  provisions  of
   55  section four of this act shall take effect.
       S. 5659                            10
    1    S  9. Subdivision 12 of section 17 of chapter 345 of the laws of 2009,
    2  amending the education law relating to the New York city board of educa-
    3  tion, chancellor, community councils and community  superintendents,  is
    4  amended to read as follows:
    5    12. any provision in sections one, two, three, four, five, six, seven,
    6  eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
    7  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
    8  section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
    9  and  be  deemed repealed [June 30, 2015] IN THE SAME MANNER AND UPON THE
   10  SAME DATE AS THE EXPIRATIONS AND REPEALS PROVIDED FOR IN SUCH SECTION OF
   11  CHAPTER 91 OF THE LAWS OF 2002.
   12    S 10. This act shall take effect immediately, provided that:
   13    (a) sections one, two, three, four, five, six and seven  of  this  act
   14  shall  take effect on the one hundred twentieth day after this act shall
   15  have become a law;
   16    (b) the amendments to section 2590-b of  the  education  law  made  by
   17  section  two  of  this  act shall not affect the expiration or repeal of
   18  certain provisions of such  section  and  shall  expire  and  be  deemed
   19  repealed therewith;
   20    (c)  the  amendments  to  section  2590-c of the education law made by
   21  sections three, four and five of this act shall not affect the repeal of
   22  such section and shall expire and be deemed repealed therewith;
   23    (d) the amendments to section 2590-e of  the  education  law  made  by
   24  section  six  of  this act shall not affect the expiration and repeal of
   25  such section and shall expire and be deemed repealed therewith; and
   26    (e) the amendments to section 2590-f of  the  education  law  made  by
   27  section  seven of this act shall not affect the expiration and reversion
   28  of such provisions and shall expire and be deemed repealed therewith.