S T A T E O F N E W Y O R K
________________________________________________________________________
3915
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Education
AN ACT to amend the education law and the public officers law, in
relation to the board of regents of the university of the state of New
York
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Subdivisions 1 and 2 of section 202 of the education law,
2 subdivision 1 as amended by chapter 547 of the laws of 1993 and subdivi-
3 sion 2 as amended by chapter 296 of the laws of 1984 and designated by
4 chapter 892 of the laws of 1985, are amended to read as follows:
5 1. The University of the State of New York shall be governed and all
6 its corporate powers exercised by a board of regents the number of whose
7 members shall at all times be four more than the number of the then
8 existing judicial districts of the state and shall not be less than
9 fifteen. [The regents in office April first, nineteen hundred seventy-
10 four shall hold office, in the order of their election, for such times
11 that the term of one such regent will expire in each year on the first
12 day of April.] Commencing April first, nineteen hundred seventy-four,
13 each regent shall be elected for a term of seven years, each such term
14 to expire on the first day of April. Commencing on April first, nineteen
15 hundred ninety-four, each regent shall be elected for a term of five
16 years, each such term to expire on the first day of April. REGENTS IN
17 OFFICE MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN, WHOSE TERMS EXPIRE ON
18 APRIL FIRST, TWO THOUSAND FIFTEEN SHALL HOLD OFFICE UNTIL THEIR TERMS
19 ARE FILLED AS PROVIDED IN THIS SUBDIVISION. COMMENCING APRIL FIRST, TWO
20 THOUSAND FIFTEEN, EACH REGENT SHALL BE ELECTED TO A TERM OF FIVE YEARS,
21 EACH SUCH TERM TO EXPIRE ON THE LAST DAY OF JUNE. Each regent shall be
22 elected by the legislature by concurrent resolution [in the preceding
23 March, on or before the first Tuesday of such month. If, however, the
24 legislature fails to agree on such concurrent resolution by the first
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04365-01-5
A. 3915 2
1 Tuesday of such month, then the two houses shall meet in joint session
2 at noon on the second Tuesday of such month and proceed to elect such
3 regent by joint ballot] ON THE THIRD TUESDAY IN MAY, PROVIDED, HOWEVER,
4 THAT SUCH ELECTION SHALL BE HELD ON THE SECOND TUESDAY IN MAY IF THE
5 SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE CERTI-
6 FY NO LATER THAN MARCH FIRST THAT SUCH ELECTION WOULD CONFLICT WITH
7 RELIGIOUS OBSERVANCES. SUCH ELECTION SHALL BE FROM A LIST OF THREE
8 NAMES SUBMITTED BY THE COMMISSION ON REGENT NOMINATION NOT LESS THAN
9 THIRTY DAYS PRIOR TO THE DATE CHOSEN FOR THE ELECTION. THE STANDING
10 COMMITTEES ON EDUCATION AND HIGHER EDUCATION OF THE SENATE AND ASSEMBLY
11 SHALL CONDUCT PUBLIC HEARINGS ON THE NOMINEES SUBMITTED BY THE COMMIS-
12 SION AT WHICH NOMINEES SHALL HAVE THE OPPORTUNITY TO BE HEARD, AND SHALL
13 FORWARD TO THE FULL MEMBERSHIP OF EACH HOUSE ONE NAME FOR EACH SEAT FOR
14 WHICH NOMINEES WERE SUBMITTED. WHEN THE TERM OF THE REGENT SERVING AS
15 CHANCELLOR SHALL EXPIRE AND SUCH REGENT IS NOMINATED FOR ANOTHER TERM,
16 THE EDUCATION AND HIGHER EDUCATION COMMITTEES SHALL CONSIDER SUCH NOMI-
17 NEE'S RECORD OF SERVICE AS CHANCELLOR AS WELL AS HIS SERVICE AS A
18 REGENT.
19 2. All vacancies in such office, either for full or unexpired terms,
20 shall be so filled that there shall always be in the membership of the
21 board of regents at least one resident of each of the judicial
22 districts. A vacancy in the office of regent for other cause than expi-
23 ration of term of service shall be filled for the unexpired term by an
24 election at the session of the legislature immediately following such
25 vacancy in the manner prescribed in the preceding paragraph, unless the
26 legislature is in session when such vacancy occurs, in which case the
27 vacancy shall be filled by such legislature in the manner prescribed in
28 the preceding paragraph, except as hereinafter provided. However, [if
29 such vacancy occurs after the second Tuesday in March and before a
30 resolution to adjourn sine die has been adopted by either house, then
31 the vacancy shall be filled by concurrent resolution, unless the legis-
32 lature fails to agree on such concurrent resolution within three legis-
33 lative days after its passage by one house, in which case the two houses
34 shall meet in joint session at noon on the next legislative day and
35 proceed to elect such regent by joint ballots; provided, however, that]
36 if the vacancy occur after the adoption by either house of a resolution
37 to adjourn sine die, then the vacancy shall be filled at the next
38 session of the legislature in the manner prescribed in the preceding
39 paragraph.
40 S 2. Section 203 of the education law is amended to read as follows:
41 S 203. Officers. The [elective officers of the university shall be a
42 chancellor and a vice-chancellor who shall serve without salary, and
43 such other officers as are deemed necessary by the regents, all of whom]
44 UNIVERSITY SHALL BE PRESIDED OVER BY A CHANCELLOR AND A VICE-CHANCELLOR
45 WHO SHALL BE DESIGNATED FROM AMONG THE MEMBERS OF THE BOARD OF REGENTS
46 BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE. THEY SHALL
47 SERVE WITHOUT SALARY. ADDITIONALLY, SUCH OTHER OFFICERS AS ARE DEEMED
48 NECESSARY BY THE REGENTS shall be chosen by ballot by the regents and
49 shall hold office during their pleasure; but no election, removal or
50 change of salary of an elective officer shall be made by [less than six
51 votes] A VOTE OF LESS THAN A MAJORITY OF THE MEMBERS OF THE BOARD OF
52 REGENTS in favor thereof. Each regent and each elective officer shall,
53 before entering on his duties, take and file with the secretary of state
54 the oath of office required of state officers.
55 The chancellor shall preside at all convocations and at all meetings
56 of the regents, and confer all degrees which they shall authorize. In
A. 3915 3
1 his absence or inability to act, the vice-chancellor, or if he be also
2 absent, the senior regent present, shall perform all the duties and have
3 all the powers of the chancellor.
4 S 3. Section 204 of the education law is amended to read as follows:
5 S 204. Meetings and absences. The regents may provide for regular
6 meetings, and the chancellor, or the commissioner [of education], or any
7 five regents, may at any time call a special meeting of the board of
8 regents and fix the time and place therefor; and at least ten days'
9 notice of every meeting shall be mailed to the usual address of each
10 regent. MEETINGS OF THE BOARD OF REGENTS SHALL BE GOVERNED BY SECTIONS
11 ONE HUNDRED THROUGH ONE HUNDRED ELEVEN OF THE PUBLIC OFFICERS LAW RELAT-
12 ING TO OPEN MEETINGS. A VERBATIM TRANSCRIPT OF EACH MEETING SHALL BE
13 MAINTAINED. If any regent shall fail to attend three consecutive meet-
14 ings, without excuse accepted as satisfactory by the regents, he may be
15 deemed to have resigned and the regents shall then report the vacancy to
16 the legislature, which shall fill it.
17 S 4. Section 205 of the education law is amended to read as follows:
18 S 205. Quorum. [Seven] A MAJORITY OF THE regents [attending] shall
19 be a quorum for the transaction of business.
20 S 5. The education law is amended by adding a new section 206-a to
21 read as follows:
22 S 206-A. LOCAL PUBLIC HEARINGS. NOTWITHSTANDING THE PROVISIONS OF
23 SECTION TWO HUNDRED SIX OF THIS ARTICLE, EACH REGENT SHALL CONDUCT AT
24 LEAST ONE PUBLIC HEARING EACH YEAR IN HIS OR HER JUDICIAL DISTRICT TO
25 SOLICIT PUBLIC COMMENT ON ISSUES RELEVANT TO THE BOARD'S ROLE IN SETTING
26 EDUCATION POLICY IN THE STATE. REGENTS ELECTED AT-LARGE MAY CONDUCT SUCH
27 HEARINGS AT ANY LOCATION WITHIN THE STATE. EACH REGENT SHALL SUBMIT A
28 REPORT TO THE BOARD ON SUCH HEARING.
29 S 6. The education law is amended by adding a new section 206-b to
30 read as follows:
31 S 206-B. EDUCATION ADVISORY COMMITTEES. THERE IS HEREBY CREATED IN
32 EACH JUDICIAL DISTRICT AN EDUCATION ADVISORY COMMITTEE TO ACTIVELY
33 ASSIST AND ADVISE THE REGENT REPRESENTING THAT JUDICIAL DISTRICT IN THE
34 ANALYSIS AND DEVELOPMENT OF EDUCATION POLICY IN NEW YORK STATE. EACH
35 COMMITTEE SHALL BE BROADLY REPRESENTATIVE OF THE EDUCATION COMMUNITY AND
36 SHALL CONSIST OF NOT LESS THAN ELEVEN MEMBERS WHO SHALL BE RESIDENTS OF
37 THE JUDICIAL DISTRICT. THE INITIAL MEMBERS OF THE ADVISORY COMMITTEE
38 SHALL INCLUDE A REPRESENTATIVE APPOINTED BY THE NEW YORK STATE CONGRESS
39 OF PARENTS AND TEACHERS, NEW YORK STATE UNITED TEACHERS, NATIONAL EDUCA-
40 TION ASSOCIATION OF NEW YORK, COUNCIL OF SCHOOL SUPERINTENDENTS, CONFER-
41 ENCE OF BIG FIVE SCHOOL DISTRICTS, NEW YORK LIBRARY ASSOCIATION, NEW
42 YORK STATE CATHOLIC CONFERENCE, UNITED FEDERATION OF TEACHERS, BUSINESS
43 COUNCIL OF NEW YORK, SCHOOL BOARDS ASSOCIATION, AND THE ASSOCIATION OF
44 COLLEGES AND UNIVERSITIES OF THE STATE OF NEW YORK. THE ADVISORY COMMIT-
45 TEE MAY BE EXPANDED AS NECESSARY TO INCORPORATE OTHER INTERESTS IN THE
46 ANALYSIS AND DEVELOPMENT OF EDUCATION POLICY IN NEW YORK STATE. ADDI-
47 TIONALLY, EACH MEMBER OF THE SENATE AND ASSEMBLY MAY APPOINT ONE MEMBER
48 WHO SHALL BE A RESIDENT OF THE JUDICIAL DISTRICT IN WHICH THE SENATOR OR
49 ASSEMBLY MEMBER LIVES. EACH ADVISORY COMMITTEE MEMBER SHALL SERVE AT
50 THE PLEASURE OF THE LEGISLATOR OR ENTITY WHICH DESIGNATED IT.
51 MEMBERS OF THE COMMITTEE SHALL SERVE WITHOUT COMPENSATION. THE REGENT
52 FROM THAT JUDICIAL DISTRICT SHALL SERVE AS CHAIR OF THE ADVISORY COMMIT-
53 TEE.
54 EACH COMMITTEE SHALL MEET AT LEAST TWICE EACH YEAR. AT LEAST THIRTY
55 DAYS NOTICE OF EACH MEETING SHALL BE GIVEN BY THE CHAIR. SUCH NOTICE
56 SHALL CONTAIN THE TIME AND PLACE OF THE PUBLIC MEETING. THE CHAIR OF
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1 EACH COMMITTEE SHALL SUBMIT A REPORT ANNUALLY ON THE WORK OF THE COMMIT-
2 TEE TO THE BOARD OF REGENTS AND TO THE LEGISLATURE.
3 S 7. The education law is amended by adding a new section 200 to read
4 as follows:
5 S 200. DEFINITIONS. 1. FOR THE PURPOSE OF THIS ARTICLE, THE FOLLOWING
6 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
7 (A) "COMMISSION" MEANS THE COMMISSION ON REGENT NOMINATION.
8 (B) "CANDIDATE" MEANS A PERSON WHO IS ELIGIBLE TO SERVE AS A MEMBER OF
9 THE BOARD OF REGENTS AND (1) WHO HAS REQUESTED THE COMMISSION TO CONSID-
10 ER HIS QUALIFICATIONS TO SERVE ON SUCH BOARD; OR (2) WHO HAS BEEN RECOM-
11 MENDED FOR CONSIDERATION BY THE COMMISSION BY ANOTHER PERSON, INCLUDING
12 A COMMUNITY OR PROFESSIONAL ORGANIZATION; OR (3) WHO HAS AGREED TO BE
13 CONSIDERED BY THE COMMISSION AT THE COMMISSION'S REQUEST.
14 2. ORGANIZATION OF THE COMMISSION. (A) A COMMISSION ON REGENT NOMI-
15 NATION IS HEREBY ESTABLISHED. THE COMMISSION SHALL CONSIST OF EIGHT
16 MEMBERS OF WHOM TWO SHALL BE APPOINTED BY THE SPEAKER OF THE ASSEMBLY,
17 TWO BY THE TEMPORARY PRESIDENT OF THE SENATE, TWO BY THE MINORITY LEADER
18 OF THE SENATE, AND TWO BY THE MINORITY LEADER OF THE ASSEMBLY. NO MEMBER
19 OF THE COMMISSION SHALL HOLD OR HAVE HELD ANY ELECTED PUBLIC OFFICE FOR
20 WHICH HE OR SHE RECEIVES COMPENSATION DURING HIS OR HER PERIOD OF
21 SERVICE. NO MEMBER OF THE COMMISSION SHALL HOLD ANY OFFICE IN ANY POLI-
22 TICAL PARTY. NO MEMBER OF THE COMMISSION SHALL BE ELIGIBLE FOR APPOINT-
23 MENT TO THE BOARD OF REGENTS DURING THE MEMBER'S PERIOD OF SERVICE OR
24 WITHIN ONE YEAR THEREAFTER. THE MEMBERS OF THE COMMISSION SHALL BE RESI-
25 DENTS OF THE STATE.
26 (B) THE MEMBERS FIRST APPOINTED BY THE TEMPORARY PRESIDENT OF THE
27 SENATE AND THE SPEAKER OF THE ASSEMBLY SHALL HAVE RESPECTIVELY TWO-YEAR
28 AND FOUR-YEAR TERMS AS THE APPOINTING OFFICER SHALL DESIGNATE. THE
29 MEMBERS FIRST APPOINTED BY THE MINORITY LEADER OF THE SENATE SHALL HAVE
30 ONE-YEAR AND THREE-YEAR TERMS, RESPECTIVELY. THE MEMBERS FIRST APPOINTED
31 BY THE MINORITY LEADER OF THE ASSEMBLY SHALL HAVE ONE-YEAR AND
32 THREE-YEAR TERMS, RESPECTIVELY. EACH SUBSEQUENT APPOINTMENT SHALL BE FOR
33 A TERM OF FOUR YEARS.
34 (C) A VACANCY SHALL BE DEEMED TO OCCUR IMMEDIATELY UPON THE APPOINT-
35 MENT OR ELECTION OF ANY MEMBER TO AN OFFICE THAT WOULD DISQUALIFY HIM OR
36 HER FOR APPOINTMENT TO, OR MEMBERSHIP ON, THE COMMISSION. A VACANCY
37 OCCURRING FOR ANY REASON OTHER THAN BY EXPIRATION OF TERM SHALL BE
38 FILLED BY THE APPOINTING OFFICER FOR THE REMAINDER OF THE UNEXPIRED
39 TERM.
40 (D) THE MEMBERS SHALL DESIGNATE ONE OF THEIR NUMBER TO SERVE AS CHAIR-
41 MAN FOR A PERIOD OF TWO YEARS OR UNTIL HIS TERM OF OFFICE EXPIRES,
42 WHICHEVER PERIOD IS SHORTER.
43 (E) EACH MEMBER OF THE COMMISSION SHALL BE ENTITLED TO RECEIVE HIS OR
44 HER ACTUAL AND NECESSARY EXPENSES INCURRED IN THE DISCHARGE OF HIS OR
45 HER DUTIES.
46 (F) SIX MEMBERS OF THE COMMISSION SHALL CONSTITUTE A QUORUM.
47 3. FUNCTIONS OF THE COMMISSION. (A) THE COMMISSION SHALL CONSIDER AND
48 EVALUATE THE QUALIFICATIONS OF CANDIDATES FOR ELECTION TO THE BOARD OF
49 REGENTS AND, AS EACH TERM EXPIRES OR A VACANCY OCCURS ON SUCH BOARD,
50 SHALL RECOMMEND TO THE LEGISLATURE THREE PERSONS WHO BY THEIR CHARACTER,
51 TEMPERAMENT, PROFESSIONAL APTITUDE AND EXPERIENCE ARE WELL QUALIFIED TO
52 SERVE ON SUCH BOARD.
53 (B) A RECOMMENDATION TO THE LEGISLATURE SHALL REQUIRE THE CONCURRENCE
54 OF SIX MEMBERS OF THE COMMISSION. THE RECOMMENDATIONS SHALL BE TRANSMIT-
55 TED TO THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEM-
56 BLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER OF THE
A. 3915 5
1 ASSEMBLY IN A SINGLE WRITTEN REPORT WHICH SHALL BE RELEASED TO THE
2 PUBLIC BY THE COMMISSION AT THE TIME IT IS SUBMITTED TO THE LEGISLATURE.
3 THE REPORT SHALL BE IN WRITING, SIGNED ONLY BY THE CHAIRMAN, AND SHALL
4 INCLUDE THE COMMISSION'S FINDINGS RELATING TO THE CHARACTER, TEMPER-
5 AMENT, PROFESSIONAL APTITUDE, EXPERIENCE, QUALIFICATIONS AND FITNESS FOR
6 OFFICE OF EACH CANDIDATE WHO IS RECOMMENDED TO THE LEGISLATURE.
7 (C) NO PERSON SHALL BE RECOMMENDED TO THE LEGISLATURE WHO HAS NOT
8 CONSENTED TO BE A CANDIDATE, WHO HAS NOT BEEN PERSONALLY INTERVIEWED BY
9 A QUORUM OF THE MEMBERSHIP OF THE COMMISSION, AND WHO HAS NOT FILED A
10 FINANCIAL STATEMENT WITH THE COMMISSION, ON A FORM TO BE PRESCRIBED BY
11 THE COMMISSION. THE FINANCIAL STATEMENT SHALL CONSIST OF A SWORN STATE-
12 MENT OF THE PERSON'S ASSETS, LIABILITIES AND SOURCES OF INCOME, AND ANY
13 OTHER RELEVANT FINANCIAL INFORMATION WHICH THE COMMISSION MAY REQUIRE.
14 THE COMMISSION SHALL TRANSMIT TO THE TEMPORARY PRESIDENT OF THE SENATE
15 AND THE SPEAKER OF THE ASSEMBLY THE FINANCIAL STATEMENT FILED BY EACH
16 PERSON WHO IS RECOMMENDED. THE FINANCIAL STATEMENT FILED BY THE PERSON
17 WHO IS APPOINTED TO FILL A VACANCY SHALL BE MADE AVAILABLE TO THE
18 PUBLIC. THE FINANCIAL STATEMENTS FILED BY ALL OTHER PERSONS RECOMMENDED
19 TO THE LEGISLATURE, BUT NOT ELECTED TO THE BOARD OF REGENTS, SHALL BE
20 CONFIDENTIAL.
21 (D) IN CONSIDERING WHETHER TO RECOMMEND A CANDIDATE FOR SERVICE AS A
22 REGENT, THE COMMISSION SHALL CONSIDER WHETHER THE CANDIDATE'S PROFES-
23 SIONAL INTERESTS MIGHT CREATE A CONFLICT OF INTEREST OR WHETHER THE
24 BOARD'S ABILITY TO MAINTAIN A QUORUM FOR ACTION ON BUSINESS BEFORE IT
25 MIGHT BE IN JEOPARDY IF THE MEMBER ABSTAINED FROM VOTING.
26 4. ADDITIONAL FUNCTIONS OF THE COMMISSION. THE COMMISSION SHALL HAVE
27 THE FOLLOWING FUNCTIONS, POWERS AND DUTIES:
28 (A) ESTABLISH PROCEDURES TO ASSURE THAT PERSONS WHO MAY BE WELL QUALI-
29 FIED FOR SERVICE ON THE BOARD OF REGENTS, OTHER THAN THOSE WHO HAVE
30 REQUESTED CONSIDERATION OR WHO HAVE BEEN RECOMMENDED FOR CONSIDERATION
31 BY OTHERS, ARE ENCOURAGED TO AGREE TO BE CONSIDERED BY THE COMMISSION.
32 (B) REQUIRE THE APPEARANCE OF ANY CANDIDATE BEFORE IT AND INTERVIEW
33 ANY PERSON CONCERNING THE QUALIFICATIONS OF ANY CANDIDATE.
34 (C) COMMUNICATE WITH THE LEGISLATURE CONCERNING THE QUALIFICATIONS OF
35 ANY PERSON WHOM IT HAS RECOMMENDED FOR SERVICE ON THE BOARD OF REGENTS.
36 (D) THE COMMISSION MAY APPOINT, AND AT PLEASURE REMOVE, A COUNSEL AND
37 SUCH OTHER STAFF AS IT MAY REQUIRE FROM TIME TO TIME, AND PRESCRIBE
38 THEIR POWERS AND DUTIES. THE COMMISSION SHALL FIX THE COMPENSATION OF
39 ITS STAFF AND PROVIDE FOR REIMBURSEMENT OF THEIR EXPENSES WITHIN THE
40 AMOUNTS APPROPRIATED BY LAW.
41 (E) DO ALL OTHER THINGS NECESSARY AND CONVENIENT TO CARRY OUT ITS
42 FUNCTIONS PURSUANT TO THIS ARTICLE.
43 5. RULES OF THE COMMISSION. (A) THE COMMISSION SHALL ADOPT, AND MAY
44 AMEND, WRITTEN RULES OF PROCEDURE NOT INCONSISTENT WITH LAW.
45 (B) RULES OF THE COMMISSION SHALL BE FILED WITH THE SECRETARY OF STATE
46 AND SHALL BE PUBLISHED IN THE OFFICIAL COMPILATION OF CODES, RULES AND
47 REGULATIONS OF THE STATE. UPON REQUEST OF ANY PERSON, THE SECRETARY OF
48 STATE SHALL FURNISH A COPY OF THE COMMISSION'S RULES WITHOUT CHARGE.
49 (C) RULES OF THE COMMISSION MAY PRESCRIBE FORMS AND QUESTIONNAIRES TO
50 BE COMPLETED AND, IF REQUIRED BY THE COMMISSION, VERIFIED BY CANDIDATES.
51 (D) RULES OF THE COMMISSION SHALL PROVIDE THAT UPON THE COMPLETION BY
52 THE COMMISSION OF ITS CONSIDERATION AND EVALUATION OF THE QUALIFICATIONS
53 OF A CANDIDATE, THERE SHALL BE NO RECONSIDERATION OF SUCH CANDIDATE FOR
54 THE VACANCY FOR WHICH HE WAS CONSIDERED, EXCEPT WITH THE CONCURRENCE OF
55 NINE MEMBERS OF THE COMMISSION.
A. 3915 6
1 S 8. Subdivision 1 of section 215-a of the education law, as amended
2 by chapter 44 of the laws of 2000, is amended to read as follows:
3 1. The regents of the university of the state of New York shall
4 prepare and submit to the governor, the temporary president of the
5 senate, and the speaker of the assembly, not later than the first day of
6 January, nineteen hundred eighty-nine, nineteen hundred ninety and nine-
7 teen hundred ninety-one and the fifteenth day of February of each year
8 thereafter, a report concerning the schools of the state which shall set
9 forth with respect to the preceding school year: enrollment trends;
10 indicators of student achievement in reading, writing, mathematics,
11 science and vocational courses; graduation, college attendance and
12 employment rates; such other indicators of student performance as the
13 regents shall determine; information concerning teacher and administra-
14 tor preparation, turnover, in-service education and performance; infor-
15 mation concerning school library expenditures and school library media
16 specialist employment; expenditure per pupil on regular education and
17 expenditure per pupil on special education and such other information as
18 requested by the governor, the temporary president of the senate, or the
19 speaker of the assembly. To the extent practicable, all such information
20 shall be displayed on both a statewide and individual district basis and
21 by racial/ethnic group and gender. The regents are authorized to require
22 school districts, boards of cooperative educational services and nonpub-
23 lic schools to provide such information as is necessary to prepare the
24 report. In preparing the report, the regents shall consult with other
25 interested parties, including local school districts, teachers' and
26 faculty organizations, school administrators, parents and students. THE
27 EDUCATION AND HIGHER EDUCATION COMMITTEES OF THE SENATE AND ASSEMBLY
28 SHALL CONDUCT AT LEAST ONE PUBLIC HEARING AT WHICH THE CHANCELLOR,
29 COMMISSIONER, AND OTHER MEMBERS OF THE BOARD OF REGENTS SHALL DISCUSS
30 AND DEFEND THE REPORT.
31 S 9. The education law is amended by adding a new section 215-e to
32 read as follows:
33 S 215-E. MEETINGS WITH THE LEGISLATURE. EACH REGENT SHALL MEET AT
34 LEAST ONCE EACH YEAR WITH THE MEMBERS OF THE SENATE AND ASSEMBLY FROM
35 HIS OR HER REGION OF THE STATE. IN ADDITION, ANY COMMITTEE OR SUBCOMMIT-
36 TEE OF THE BOARD OF REGENTS SHALL MEET AT LEAST ANNUALLY WITH THE CHAIRS
37 OF THE APPROPRIATE STANDING COMMITTEES OF THE SENATE AND ASSEMBLY.
38 S 10. The temporary president of the senate and the speaker of the
39 assembly shall commission an independent management study of the organ-
40 ization of the board of regents and the state education department. Such
41 study shall include recommendations on reorganization and streamlining
42 the department of education and on the scope of responsibilities of the
43 board of regents, and shall be presented to the temporary president of
44 the senate and the speaker of the assembly no later than July 1, 2016.
45 S 11. The public officers law is amended by adding a new section 32-a
46 to read as follows:
47 S 32-A. REMOVAL OF MEMBERS OF THE BOARD OF REGENTS. MEMBERS OF THE
48 BOARD OF REGENTS MAY BE REMOVED AS PROVIDED HEREIN BY THE LEGISLATURE
49 FOR MISCONDUCT OR MALVERSATION IN OFFICE. NO SUCH REMOVAL SHALL BE MADE
50 UNLESS THE PERSON WHO IS SOUGHT TO BE REMOVED SHALL HAVE BEEN SERVED
51 WITH A COPY OF THE CHARGES AGAINST HIM OR HER AND HAVE AN OPPORTUNITY OF
52 BEING HEARD. THE SENATE AND ASSEMBLY SHALL HAVE POWER TO MAKE SUCH JOINT
53 RULES AS THEY MAY SEE FIT FOR THE PRACTICE BEFORE THEM. AT THE TIME
54 APPOINTED FOR THE INVESTIGATION, THE EDUCATION AND HIGHER EDUCATION
55 COMMITTEES OF THE SENATE AND ASSEMBLY SHALL PROCEED TO HEAR AND TRY THE
56 CHARGES AGAINST SUCH OFFICER, AND MAY TAKE PROOFS IN RELATION THERETO.
A. 3915 7
1 ANY RECOMMENDATION FOR REMOVAL SHALL REQUIRE A VOTE OF TWO-THIRDS OF
2 THE MEMBERS OF THE EDUCATION AND HIGHER EDUCATION COMMITTEES OF THE
3 SENATE AND ASSEMBLY. SUCH RECOMMENDATION SHALL BE APPROVED IF TWO-THIRDS
4 OF ALL THE MEMBERS ELECTED TO THE SENATE AND ASSEMBLY SHALL CONCUR THER-
5 EIN. ON THE QUESTION OF REMOVAL, THE YEAS AND NAYS SHALL BE ENTERED ON
6 THE JOURNAL.
7 IF THE SENATE AND ASSEMBLY SHALL REJECT A RECOMMENDATION OF REMOVAL
8 THE SECRETARY OF THE SENATE AND THE CLERK OF THE ASSEMBLY SHALL, BY A
9 WRITING SIGNED BY THEM AND BY THE PRESIDENT OF THE SENATE AND SPEAKER OF
10 THE ASSEMBLY, COMMUNICATE THE FACT OF SUCH REJECTION TO THE REGENT. IF
11 THE SENATE AND ASSEMBLY SHALL CONCUR IN SUCH A RECOMMENDATION THE
12 REMOVAL SHALL TAKE EFFECT UPON THE PASSAGE OF THE RESOLUTION OF CONCUR-
13 RENCE, AND DUPLICATE COPIES OF SUCH RESOLUTION, CERTIFIED BY THE SECRE-
14 TARY AND PRESIDENT OF THE SENATE AND THE CLERK AND SPEAKER OF THE ASSEM-
15 BLY, SHALL BE EXECUTED AND DELIVERED BY SUCH SECRETARY TO THE REGENT AND
16 THE CHANCELLOR OF THE BOARD OF REGENTS.
17 S 12. This act shall take effect immediately.