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THE STATE
EDUCATION DEPARTMENT / THE UNIVERSITY
OF THE STATE OF NEW YORK / ALBANY, NY 12234 |
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TO: |
EMSC-VESID Committee |
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FROM: |
James A. Kadamus |
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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 |
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DATE: |
July 29, 2005 |
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STRATEGIC
GOAL: |
Goals 1 and 2 |
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AUTHORIZATION(S): |
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Summary
Issue for
Discussion
Should the 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
September 8, 2005 for adoption as a permanent rule. In addition, it is proposed that the
Board of Regents also adopt the regulation by emergency action so that qualified
public members may be timely appointed to special act school district boards of
education for the 2005-2006 school year.
A statement of facts and circumstances which necessitate emergency action
is attached.
Procedural History
The proposed regulation was first submitted for discussion at your June meeting. A Notice of Proposed Rule Making was published in the State Register on June 22, 2005. Subsequently, the proposed regulation was revised in response to comments from interested parties. A Notice of Revised Rule Making was published in the State Register on July 27, 2005.
Background
Information
The purpose of the proposed regulation is to implement Chapters 628 and 629 of the Laws of 2004 that authorize 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. (Listing of special act school districts is attached.) Supporting materials for the proposed regulation are available upon request from the Secretary to the Board of Regents.
Recommendation
VOTED: That Part 105 of the Regulations of the Commissioner of Education be added, as submitted, effective September 29, 2005.
VOTED: That Part 105 of the Regulations of the Commissioner of Education be added, as submitted, effective September 13, 2005, as an emergency action upon a finding of the Board of Regents that such action is necessary for the preservation of the general welfare in order to immediately establish a process for the appointment of qualified public members to boards of education of each special act school district, so that they may timely assume their duties during the 2005-2006 school year, and thereby ensure public accountability for educational services and use of public funds, consistent with Chapters 628 and 629 of the Laws of 2004.
Timetable
for Implementation
Upon approval by the Regents, the emergency adoption would become
effective on September 13, 2005, and the permanent adoption would become
effective on September 29, 2005.
Attachment
Attachment
Special Act School
Districts
|
Special Act School
District |
Location
|
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Randolph Academy Union Free
School |
Randolph (Cattaraugus
County) |
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Berkshire Union Free School District
|
Canaan (Columbia
County) |
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Hopevale Union Free School District at
Hamburg |
Hamburg (Erie
County) |
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Edwin Gould
Academy-Lakeside-Ramapo Union Free School
District |
Chestnut Ridge (Rockland
County) |
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Little Flower Union Free School
District |
Wading River (Suffolk
County) |
|
George Junior Republic Union Free
School District |
Freeville (Tompkins
County) |
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West Park Union Free School
District |
West Park (Ulster
County) |
|
Greenburgh-Graham Union Free School
District |
Hastings-on-Hudson (Westchester
County) |
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Greenburgh Eleven Union Free School
District |
Dobbs Ferry (Westchester
County) |
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Greenburgh-North Castle Union Free
School District |
Dobbs Ferry (Westchester
County) |
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Abbott Union Free School District
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Irvington (Westchester
County) |
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Hawthorne-Cedar Knolls Union Free
School District |
Hawthorne (Westchester
County) |
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Mt. Pleasant-Cottage Union Free School
District |
Pleasantville (Westchester
County) |
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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. A district
superintendent of schools shall coordinate the activities of the team. 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.
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 13, 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. A district
superintendent of schools shall coordinate the activities of the team. 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.
PROPOSED PROMULGATION OF PART 105 OF 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, RELATING TO THE COMPOSITION OF BOARDS OF EDUCATION OF SPECIAL ACT SCHOOL DISTRICTS
STATEMENT OF FACTS AND CIRCUMSTANCES WHICH
NECESSITATE EMERGENCY ACTION
The proposed rule is necessary to implement Chapters 628 and 629 of the Laws of 2004 by adding a new Part 105 that establishes requirements for the appointment by the Commissioner of two public members to the board of education of each special act school district. 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 amendment was adopted as a permanent rule at the September 8-9, 2005 meeting of the Board of Regents, which is the first scheduled meeting after expiration of the 45-day public comment period mandated by the State Administrative Procedure Act. Pursuant to SAPA section 202(5), the permanent adoption cannot become effective until after its publication in the State Register on September 29, 2005. However, delaying until that date the implementation of the process to appoint public members to the boards of education of special act school districts will adversely affect special act boards of education by resulting in the appointment of their public members in October or possibly later in the 2005-2006 school year.
Emergency action to adopt the proposed amendment is necessary for the preservation of the general welfare in order to immediately establish a process for the appointment of qualified public members to boards of education of each special act school district, so that they may timely assume their duties during the 2005-2006 school year, and thereby ensure public accountability for educational services and use of public funds, consistent with Chapters 628 and 629 of the Laws of 2004.