S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1635
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2015
                                      ___________
       Introduced by M. of A. WRIGHT -- read once and referred to the Committee
         on Education
       AN  ACT  to  amend chapter 91 of the laws of 2002 amending the education
         law and other laws relating to reorganization of  the  New  York  city
         school  construction  authority,  board  of  education  and  community
         boards, in relation to extending certain provisions of  such  chapter;
         and  to  amend  chapter 345 of the laws of 2009 amending the education
         law and other laws relating to the New York city board  of  education,
         chancellor,  community  councils  and  community  superintendents,  in
         relation to the effectiveness of certain provisions  thereof;  and  to
         amend  the  education  law,  in  relation  to increasing the number of
         members of the board of education of the school district of  the  city
         of New York
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 34 of chapter 91 of the laws of 2002  amending  the
    2  education  law and other laws relating to reorganization of the New York
    3  city school construction authority, board  of  education  and  community
    4  boards,  as  amended  by  chapter 345 of the laws of 2009, is amended to
    5  read as follows:
    6    S 34. This act shall take effect July 1, 2002; provided, that sections
    7  one through twenty, twenty-four, and twenty-six through thirty  of  this
    8  act  shall expire and be deemed repealed June 30, [2015] 2017; provided,
    9  further, that notwithstanding any provision of article 5 of the  general
   10  construction law, on June 30, [2015] 2017 the provisions of subdivisions
   11  3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
   12  b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
   13  2554  of  the  education  law  as repealed by section three of this act,
   14  subdivision 1 of section 2590-b of the  education  law  as  repealed  by
   15  section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
   16  2590-b of the education law as repealed by section seven  of  this  act,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05848-01-5
       A. 1635                             2
    1  section 2590-c of the education law as repealed by section eight of this
    2  act, paragraph c of subdivision 2 of section 2590-d of the education law
    3  as  repealed by section twenty-six of this act, subdivision 1 of section
    4  2590-e  of the education law as repealed by section twenty-seven of this
    5  act, subdivision 28 of section 2590-h of the education law  as  repealed
    6  by section twenty-eight of this act, subdivision 30 of section 2590-h of
    7  the education law as repealed by section twenty-nine of this act, subdi-
    8  vision  30-a  of  section  2590-h  of  the  education law as repealed by
    9  section thirty of this  act  shall  be  revived  and  be  read  as  such
   10  provisions  existed  in law on the date immediately preceding the effec-
   11  tive date of this act; provided, however, that sections seven and  eight
   12  of  this  act  shall  take effect on November 30, 2003; provided further
   13  that the amendments to subdivision 25 of section 2554 of  the  education
   14  law  made  by section two of this act shall be subject to the expiration
   15  and reversion of such subdivision pursuant to section 12 of chapter  147
   16  of  the  laws of 2001, as amended, when upon such date the provisions of
   17  section four of this act shall take effect.
   18    S 2. Subdivision 12 of section 17 of chapter 345 of the laws  of  2009
   19  amending  the education law and other laws relating to the New York city
   20  board of education, chancellor, community councils and community  super-
   21  intendents, is amended to read as follows:
   22    12. any provision in sections one, two, three, four, five, six, seven,
   23  eight,  nine,  ten  and  eleven  of this act not otherwise set to expire
   24  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
   25  section 17 of chapter 123 of the laws of 2003, as amended, shall  expire
   26  and be deemed repealed June 30, [2015] 2017.
   27    S 3. Paragraph (a) of subdivision 1 of section 2590-b of the education
   28  law,  as  amended by chapter 742 of the laws of 1988, is amended to read
   29  as follows:
   30    (a) The board of education of the city school district of the city  of
   31  New  York  is hereby continued. Such board of education shall consist of
   32  [seven] NINE members, a member to be appointed by each borough president
   33  of the city of New York, A MEMBER TO BE APPOINTED BY THE COMMISSIONER, A
   34  MEMBER TO BE APPOINTED BY THE CITY COUNCIL and two by  the  mayor.  Each
   35  borough president appointee shall be a resident of the borough for which
   36  the  borough  president appointing him was elected. Two members at large
   37  shall be appointed by the mayor of the city of New  York.  Each  mayoral
   38  appointee  shall  be a resident of such city. The term of office of each
   39  member shall be four years, commencing the first day of  July,  nineteen
   40  hundred  seventy-four  and every four years thereafter. A vacancy occur-
   41  ring other than by expiration of term of a member appointed by a borough
   42  president shall be filled for the unexpired term by appointment  by  the
   43  appropriate  borough  president  of  a  person who is a resident of such
   44  borough. A VACANCY OCCURRING OTHER THAN BY EXPIRATION  OF  TERM  OF  THE
   45  MEMBER  APPOINTED  BY THE COMMISSIONER SHALL BE FILLED FOR THE UNEXPIRED
   46  TERM BY APPOINTMENT BY THE COMMISSIONER. A VACANCY OCCURRING OTHER  THAN
   47  BY  EXPIRATION OF TERM OF THE MEMBER APPOINTED BY THE CITY COUNCIL SHALL
   48  BE FILLED FOR THE UNEXPIRED TERM BY APPOINTMENT BY THE CITY COUNCIL. The
   49  mayor shall fill vacancies for an unexpired term of any of his  appoint-
   50  ees. The president of the board shall be chosen by the members. Notwith-
   51  standing  any  provision  of  local  law, the members of the board shall
   52  receive compensation for their services  as  follows:  $20,000  for  the
   53  board  president  and  $15,000  for each board member and shall be reim-
   54  bursed for the actual and necessary expenses incurred  by  them  in  the
   55  performance of their duties.
       A. 1635                             3
    1    S 4. The commissioner of education and the city council of the city of
    2  New  York  are  hereby directed and authorized to appoint members to the
    3  board of education of the school district of the city of  New  York,  as
    4  provided  in the amendments to paragraph (a) of subdivision 1 of section
    5  2590-b  of  the  education  law  made  by section three of this act, not
    6  earlier than April 1, 2015 and not later than June 1, 2015.
    7    S 5. This  act  shall  take  effect  immediately;  provided  that  the
    8  provisions  of  section  three of this act shall take effect on the same
    9  date as the reversion of subdivision 1 of section 2590-b of  the  educa-
   10  tion law as provided in section 34 of chapter 91 of the laws of 2002, as
   11  amended.