THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234

 

TO:

EMSC-VESID Committee

 

FROM:

James A. Kadamus

SUBJECT:

Proposed Promulgation of Part 105 of the Regulations of the Commissioner Relating to the Composition of Boards of Education of Special Act School Districts

 

DATE:

June 3, 2005

 

STRATEGIC GOAL:

Goals 1 and 2

 

AUTHORIZATION(S):

 

 

Summary

 

Issue for Discussion

 

          Should the Board of Regents approve the proposed new Part 105 of the Commissioner's Regulations, relating to the composition of boards of education of special act school districts?

 

Reason(s) for Consideration

 

          Required by State statute.

 

Proposed Handling

 

          The proposed regulation will come before the EMSC-VESID Committee on June 20, 2005 for discussion, and will be submitted for action at the September Regents meeting.

 

Procedural History

 

          This is the first time that your EMSC-VESID Committee will review this item.

 

Background Information

 

The purpose of the proposed regulation is to implement Chapters 628 and 629 of the Laws of 2004, which require the Commissioner to appoint, pursuant to regulations promulgated by the Commissioner, two public members to the board of education of each special act school district for four year terms, from candidates who submit a letter of intent to the State Education Department.  The proposed Part 105 of the Regulations of the Commissioner will establish the requirements for these appointments. Proposed section 105.1 provides for definitions of terms used in the new Part.  Proposed section 105.2 establishes eligibility requirements for appointment as a public member.  Proposed section 105.3 establishes appointment procedures, term lengths, procedures to fill vacancies, and provides that public members, upon appointment, shall have all the rights, privileges, powers, duties and responsibilities of members of the board of education of a union free school district.  The proposed regulation will provide for the appointment of qualified public members to boards of education of each special act school district to ensure public accountability for educational services and use of public funds.  (A list of special act school districts is attached.)

 

A Notice of Proposed Rule Making will be published in the State Register on June 22, 2005.  Supporting materials for the proposed regulation are available upon request from the Secretary to the Board of Regents.

         

Recommendation

 

          The Board of Regents should reach consensus on the proposed regulation prior to its presentation for adoption at the September meeting.

 

Timetable for Implementation

 

          Upon approval by the Regents, the proposed regulation would become effective on September 29, 2005.

 

 

Attachments

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Special Act School Districts

 

 

Special Act School District

Location

 

Randolph Academy Union Free School District

Randolph

(Cattaraugus County)

Berkshire Union Free School District

Canaan

(Columbia County)

Hopevale Union Free School District at Hamburg

Hamburg

(Erie County)

Edwin Gould Academy-Lakeside-Ramapo

Union Free School District

Chestnut Ridge

(Rockland County)

Little Flower Union Free School District

Wading River

(Suffolk County)

George Junior Republic Union Free School District

Freeville

(Tompkins County)

West Park Union Free School District

West Park

(Ulster County)

Greenburgh-Graham Union Free School District

Hastings-on-Hudson

(Westchester County)

Greenburgh Eleven Union Free School District

Dobbs Ferry

(Westchester County)

Greenburgh-North Castle Union Free School District

Dobbs Ferry

(Westchester County)

Abbott Union Free School District

Irvington

(Westchester County)

Hawthorne-Cedar Knolls Union Free School District

Hawthorne

(Westchester County)

Mt. Pleasant-Cottage Union Free School District

Pleasantville

(Westchester County)

Mt. Pleasant-Blythedale Union Free School District

Valhalla

(Westchester County)

 

 

 


AMENDMENT TO THE REGULATIONS OF THE COMMISSIONER OF EDUCATION

Pursuant to Education Law sections 101, 207, 305, 308 and 309 and Chapters 628 and 629 of the Laws of 2004

          Part 105 of the Regulations of the Commissioner of Education is added, effective September 29, 2005, as follows:

PART 105

APPOINTMENT OF PUBLIC MEMBERS OF BOARDS OF EDUCATION OF SPECIAL ACT SCHOOL DISTRICTS

          105.1 Definitions.  Except as otherwise provided herein, as used in this Part, the following terms shall have the following meanings:

          (a) Board of education means the board of education of a special act school district.

          (b) Child care agency means an authorized agency, as defined in subdivision 1 of section 4001 of the Education Law that operates a child care institution affiliated with a special act school district.

          (c) Public member means a member of a board of education appointed by the Commissioner pursuant to this Part.

          (d) Special act school district means a special act school district as defined in subdivision 8 of section 4001 of the Education Law.

          (e) Supervisory district means the supervisory district of a board of cooperative educational services established pursuant to section 2201 of the Education Law.

          105.2 Eligibility for appointment as public member. (a) Any person shall be eligible to apply for appointment by the Commissioner as a public member who:

(i) is eligible to vote in a general election;

(ii) is a resident of a component school district of the supervisory district in which the special act school district is located, of a contiguous supervisory district or of a school district that is not a component school district of any supervisory district but is contiguous to a component school district of the supervisory district in which the special act school district is located;

(iii) submits a letter of intent to the department, in the manner and by the date prescribed by the Commissioner, that specifies the boards of education to which he or she is seeking appointment, with a resume and an application in a form and containing such information as the Commissioner may prescribe; and

(iv) is not disqualified from serving as a public member under subdivision (b) of this section.

          (b) A person shall be disqualified from serving as a public member of a special act school district if he or she:

          (i) is an officer or employee of the child care agency that appoints members to the board of education of the special act school district;

          (ii) serves as an officer or employee of the special act school district other than as a public member;

          (ii) has a prohibited interest in a contract with the special act school district within the meaning of Article 18 of the General Municipal Law;

          (iii) is an officer or employee of a school district, or a board of cooperative educational services, or a public agency as defined in subdivision 6 of section 4001 of the Education Law that contracts with the special act school district; or

          (iv) is an officer or employee of an employee organization that represents employees of the special act school district pursuant to article 14 of the Civil Service Law  or its parent employee organization.

          (c) In appointing public members, preference shall be given to eligible persons with one or more of the following characteristics:

          (i) a background and experience in corporate or school finance;

          (ii) experience as a member of the governing board of an education corporation, another not-for-profit corporation or a school district; and/or

          (iii) a background in the education or treatment of troubled youth.

          105.3  Appointment of public members.  (a) The Commissioner shall appoint two public members to the board of education of each special act school district pursuant to the provisions of this Part.  Appointments shall be made from candidates recommended by a regional interview team appointed by the Commissioner and chaired by a district superintendent of schools.  Such regional interview team may include, but need not be limited to, a duly licensed certified public accountant or public accountant and individuals recommended by organizations representing superintendents of schools, boards of education, teachers, and individuals with disabilities and/or parents of individuals with disabilities.

          (b) The full term of office of a public member shall be 4 school years, provided that the public members initially appointed in the 2005-06 school year shall be appointed for the balance of the term commencing on July 1, 2005 and ending on June 30, 2009, and provided further that after such initial appointments, the term of public members may be changed in accordance with subdivision 3 of section 2105 of the Education Law upon at least sixty days advance notice to the Commissioner.

          (c) In the event a public member vacates his or her office during its term pursuant to section 2112 of the Education Law, the Commissioner may appoint an eligible person in the manner prescribed in this section for the remaining balance of the term of office or may fill such position by appointment for a full term commencing on July 1 next succeeding the date on which the vacancy occurred. 

          (d) Upon appointment, the public members shall have all the rights, privileges, powers, duties and responsibilities of members of the board of education of a union free school district under the Education Law and other laws pertaining to such school districts.