7 Point Report Markowitz Stringer

July 23, 2009 Dennis M. Walcott President New York City Board of Education City Hall New York, NY 10007 Dear President Walcott: As two of the appointing authorities of the New York City Board of Education, we are writing to share with you steps that we believe must be taken without delay in order to ensure the continued successful operation of our schools. As strong and continuing supporters of mayoral control, we join you and members of the public in being appalled at the political gamesmanship and intransigence that has led to the sunset of the city’s school governance legislation and the continuing stalemate about its renewal. We have met the immediate crisis by reconstituting the Board and delegating immediate responsibility for day-to-day operations of the system to Chancellor Klein. While these steps have stabilized what could have been a chaotic situation, we believe circumstances now require that we do more. The political situation in Albany remains unsettled, and while the Senate may return in the fall, experience has sadly shown us that even weeks of negotiation can prove fruitless. We must prepare for the possibility that the stalemate will continue and the Board as presently constituted will be the governing authority of the system and its more than one million children for some months. As the accompanying report specifies, we believe there are three critical steps we must take quickly, thereby creating the need for a Board meeting well before the next calendared meeting on September 10, 2009. Those three issues are: the adoption of bylaws and scheduling of regular public meetings; the review and approval by the Board of all contracts with a monetary value over $1 million; and the temporary reconstitution of local community school boards. 

Public meetings and bylaws. Under the bylaws that guided the Board before mayoral control was instituted, public sessions were held biweekly: first, a Committee of the Whole that was largely informational; and the second a business meeting followed by a public agenda session at which members of the public were free to comment on Board matters.

While the exact schedule of meetings is a matter for discussion among Board members, we believe the Board should meet often enough for members and their appointing authorities to have a strong sense of the operations of the system, and for the public to comment on Board issues and problems. Meeting agendas should be published as far in advance as possible, and meetings should be held in a public space large enough for and accessible to interested parents and members of the public. 

Contracts. Appointing authorities and members of the Board have a clear fiduciary duty under the law to monitor and oversee spending within the Board’s $22 billion budget. While members cannot and should not attempt to micromanage operations, we believe they can and should review all major new or renewal contracts for goods and services, along with changes in the budget and capital plan.

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Community School Boards. This issue is particularly difficult to address within the law as written, since the boards have a clear role to play in elementary and middle schools, but no local school boards now exist and their elections will not be held until next spring. After consulting with attorneys and experts in school governance, we are recommending a compromise that we believe could help us through the legal thicket we face. The Chancellor has the legal authority to name trustees to take over the operations of community school boards in cases where the boards are not functioning. We suggest that the board direct Chancellor Klein to use that power to nominate two citywide trustees for each of the 32 community school districts, and name as the third trustee in each district the current president of the local community education council. This solution would help ensure that the community school districts are responsive to central authority, but still have a strong local voice. We must maintain an effective structure for meaningful parental input. In addition to the trustees, community education councils, although not officially recognized under the current governance structure, should continue to act in an advisory capacity for each district and remain a forum for parental engagement.

In addition to these three priority matters, there are a number of other issues that should be dealt with soon, such as a resolution making permanent and legally binding (as well as applicable to all active city employees serving on the Board) the pledge by our appointees to not collect additional compensation for their service and to forego all amenities such as cars and drivers as part of their Board membership. The attached report catalogues other administrative matters that we, as a board, must also address, including the employment of the community school district superintendents and Board review of educational regulations and policies.

As appointing authorities and members of the current Board, we have clear responsibilities and duties to parents and children. And with the passage of time and the unwelcome developments in Albany, we are obligated to more fully exercise our statutory responsibilities for the operation of the New York City schools. It is in that spirit that we ask for a meeting of the Board to be scheduled as early in the month of August as is practical and consistent with Board bylaws. Sincerely,

Scott M. Stringer Manhattan Borough President

Marty Markowitz Brooklyn Borough President

Encl.: "A 7-Point Plan to Reconstitute the Pre-2002 School Governance Structure" Cc:

First Deputy Mayor Patricia E. Harris, Mayor Bloomberg Appointee Deputy Mayor Edward Skyler, Mayor Bloomberg Appointee Dolores M. Fernández, Bronx Borough President Ruben Diaz Jr. Appointee Carlo A. Scissura, Brooklyn Borough President Marty Markowitz Appointee Jimmy Yan, Manhattan Borough President Scott M. Stringer Appointee Edward Burke, Staten Island Borough President James E. Molinaro Appointee Chancellor Joel I. Klein, Department of Education Michael Best, Secretary, Department of Education

A 7-Point Plan to Reconstitute The Pre-2002 School Governance Structure

Manhattan Borough President

Brooklyn Borough President

Scott M. Stringer

Marty Markowitz

July 2009

July 2009

Table of Contents I. Background.................................................................................................................................. 1 II. Recommendations ...................................................................................................................... 2 1. Schedule an August meeting of the Board of Education to establish clear and lawful policies of governance and allow for public input; adopt bylaws and a regular meeting schedule for the Board. ............................................................................................................... 2 2. Pass a resolution waiving compensation for Board of Education members and non-member officers. ....................................................................................................................................... 3 3. Require Board of Education review and approval of all pending and upcoming procurements valued over $1 million. ........................................................................................ 3 4. Appoint three trustees to constitute each community school board comprised of two citywide trustees and the current Community Education Council (CEC) president of each district. ........................................................................................................................................ 3 5. Re-appoint current superintendents to serve as the local community school district superintendents. .......................................................................................................................... 4 6. Make Community Education Councils (CECs) official advisory bodies to the current Community School Boards. ........................................................................................................ 5 7. Review and approve budget and fiscal processes and policies and regulations directly related to educational achievement and fiscal integrity of administrative operations. ............... 5

I. Background On June 30, 2009 the school governance law for the New York City public school system expired. Although legislation renewing the 2002 school governance law had been passed by the New York State Assembly with amendments in June, inaction by the Senate caused the law to sunset. As a result, the school governance law that had been in place prior to 2002 became the effective statute governing New York City schools and required that several structural changes be made. On July 1, 2009, at the urging of Manhattan Borough President Scott Stringer, the Mayor and the City’s five Borough Presidents met to make their interim appointments to the newly created Board of Education to ensure a lawful and functioning school system. Two resolutions were passed that morning: the first appointing Joel Klein to continue in his role as Chancellor and delegating powers to him, and the second urging the State Senate to act immediately to adopt State Senate legislation to renew the 2002 school governance law (S. 5887). Deputy Mayor Dennis Walcott was also selected as President of the Board and the Board set its next meeting for September 10, 2009. As of the end of July 2009, the Senate has still not acted and is in recess until the next legislative session. The decentralized system that existed prior to 2002 is currently the governing structure of the City’s public schools. From 1969 to 2002, the Board of Education, comprised of appointees by the Mayor and the five Borough Presidents, had the responsibility of running the system and overseeing budgets and contracts, hiring a Chancellor, governing the high schools, making curriculum decisions, hiring superintendents and working with the State Board of Regents. The governance of the elementary and junior high schools fell on the local community school boards which ceased to exist with the 2002 law. Although the common expectation is that mayoral control will be renewed, it is unclear when this will occur and what specific version of the law will be passed. As a result, certain measures need to be taken to ensure the proper and lawful functioning of the city’s schools during this transitory period. The following report outlines a 7-point plan recommending immediate action by the Board of Education and Chancellor to ensure the lawful and responsible management of the public school system, and outlines the responsibilities and procedures of the Chancellor, the Board of Education, and local Community School Boards necessitated by New York State Education law and other applicable laws and policies.

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II. Recommendations

1. Schedule an August meeting of the Board of Education to establish clear and lawful policies of governance and allow for public input; adopt bylaws and a regular meeting schedule for the Board. As the new school year quickly approaches and the Board of Education (BOE) remains, it is necessary to establish transparent and efficient policies of governance that comply with the law and serve New York City’s schoolchildren and parents. The Board of Education must meet in August prior to the commencement of the school year to set fundamental rules and policies that allow for clear and legal lines of decision making. At the public August meeting, the Board should adopt bylaws and regulations governing, at a minimum, the schedule and procedure of meetings, the organization of the Board and other matters as required by law, and to allow a public comment period immediately following the business meeting of the Board. New York State Education Law Section 2590-d provides that “the city board and the chancellor shall prescribe such by-laws and regulations as may be necessary to make effectual the provisions of this chapter and for the conduct of the proceedings of said board.” The law also requires that all Board of Education meetings be open to the public in accordance with the Open Meetings Law. In devising its bylaws, the current Board should consider the most recent bylaws of the Board of Education that immediately preceded mayoral control in 2002 which provide important guidelines for Board organization, procedure and meetings. We recommend adopting the following protocols: Calendar meetings to be held biweekly to take official action, in public, on matters for which the Board is responsible as prescribed in its bylaws. Public agenda meetings to be held usually immediately following one of the calendar meetings and are meant to encourage maximum participation of the general public and are called at the discretion of the Board. The Board listens to the views of the public on a variety of topics. No quorum is necessary and no votes are taken at these meetings. Committee of the whole meetings to be held every month (on a different day than calendar meetings) for the Board to discuss any matters requested or reported by any member or by the Chancellor and to take positions on proposed legislation. Special public calendar meetings to be held on the call of the president or three members of the Board provided that written notice of such meeting shall be given to each member 24 hours in advance. The Board should adopt additional officer positions to ensure an efficient and transparent delegation of responsibility and authority. While a president and secretary have already been

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chosen, other key roles should be formalized as well. In addition, the Board should adopt a regular schedule of monthly meetings to enable it to conduct business as required by law and to provide opportunity for public input and participation. The bylaws should identify procedures for addressing the following important matters that fall within its responsibilities: teacher tenure grants, appeals, approval of collective bargaining agreements, tenure removals, budget and capital plan approvals, the algorithm for school budget distribution and new school creation. 2. Pass a resolution waiving compensation for Board of Education members and nonmember officers. State law entitles that the president of the Board receive $20,000 a year and other members receive $15,000 (see New York State Education Law §2590-b(1)(a)). Members of the Board may also be provided other resources, including the use of automobiles, for purposes of performing their duties (see New York City Charter §520). Given the expected transitory existence of the Board of Education, it is fiscally prudent that Board of Education members waive their right to compensation and any other resource allocations. All BOE appointees pledged to not collect additional compensation for their service and to forego all amenities such as cars and drivers as part of their Board membership and the hiring of support staff. While current Board members have already individually waived their rights to such compensation, the Board of Education as a whole should adopt a resolution reaffirming this condition of current Board membership. 3. Require Board of Education review and approval of all pending and upcoming procurements valued over $1 million. The Board of Education has responsibility over the procurement policy of the City schools. Pursuant to Education Law §2590-h(36), Board consultation is required for the development of “a procurement policy for the city school district of the city of New York, and the districts and public schools therein.” Historically, this responsibility has been executed through required review by the Board of contracts of certain categories. The Bylaws of the Board of Education amended through May 15, 1985 provided such a procedure in article 8. The most recently passed State Assembly bill would require Board review of contracts exceeding one million dollars in one year (see New York State Assembly Bill A. 8903). The Board should, at a minimum, amend the procurement policy to require Board review and approval of all contracts pertaining to the construction and operation of the school system exceeding one million dollars in one year. Instituting this level of oversight is integral to fulfilling the fiduciary duty of the Board and reflects the current sense of the legislature relating to school governance. 4. Appoint three trustees to constitute each community school board comprised of two citywide trustees and the current Community Education Council (CEC) president of each district.

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When the State legislature reorganized the school system in 1969 it gave local control to the community school districts. The nine member local school boards were responsible for running the elementary through junior high schools (grades Pre K - 8) in their districts. School board elections were held every three years in May. With the expiration of the law authorizing mayoral control, community education councils have also expired, and community schools boards must be reconstituted to complete the system of governance. Pursuant to Education Law §2590-c(8)(c) and §2590-l, the Chancellor has the authority to appoint trustees to fulfill the responsibilities of school board members in the event of vacancies or failure to perform their legal responsibilities. We recommend that the Chancellor exercise his power to appoint trustees to community school boards now to ensure that lawful community governing bodies exist until elections can be held. We specifically recommend that the Chancellor appoint three trustees to constitute each community school board comprised of two citywide trustees and the current Community Education Council (CEC) president of each district. Appointing two citywide trustees to serve simultaneously on all boards will promote the uniformity and continuity of operations across the school system. Appointing current CEC presidents to serve as the third trustee in their respective school districts will increase parental and community participation and ensure parents have an official seat at the table that they currently do not have. Community school boards must then adopt bylaws which may be modeled upon the bylaws of the Community Education Councils. We urge that trustee appointments be made by the Chancellor by the end of August to ensure functioning local governance bodies by the beginning of the school year. 5. Re-appoint current superintendents to serve as the local community school district superintendents. Upon the constitution of community school boards, current superintendents should be reappointed by the Chancellor to serve at the district level. They should maintain their current budgets and salaries and be afforded all the powers and responsibilities outlined in the pre-2002 statute. The Board and Chancellor should determine an appropriate process by which to conduct such reappointments. This will ensure smooth continuation of school governance at a local level during this transitory period. By law, while the Chancellor has the authority to select superintendents, the superintendents are to contract with and be employed by the community school boards. Education Law §2590-e(1) provides that community school boards shall “employ a community superintendent, selected by the chancellor, by contract…subject to removal for cause….”

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6. Make Community Education Councils (CECs) official advisory bodies to the current Community School Boards. Although CECs ceased to exist on July 1, 2009 they had been the official representation of parents to the Department of Education. As a result, they have a great deal of expertise and are a critical and necessary voice to debates concerning the governing policies and practices of the city’s school system. We request that the Board Of Education pass a resolution formally nominating them as the advisory bodies to the Community School Boards and central Board, and invite CECs to issue written advisory opinions which must be considered by the Board of Education on certain decisions. This will ensure a greater degree of parental and community input. 7. Review and approve budget and fiscal processes and policies and regulations directly related to educational achievement and fiscal integrity of administrative operations. The Board of Education has the power and duty to “approve standards, policies, objectives and regulations proposed by the chancellor directly related to educational achievement and student performance…[and to] the internal fiscal integrity of administrative operations by the chancellor, the community districts and the schools” (see New York State Education Law §2590-g(1)). The Chancellor and Board of Education must immediately define the scope of standards, policies, objective and regulations that must be submitted to the Board for review and approval in accordance with the law. The bylaws must also provide a procedure for such review and approval. In addition, the Board of Education has control and oversight authority over the city district’s fiscal procedures, capital plans and budget and should discuss and approve next year’s budget. Education Law Section 2590-m through 2590-q outline required approvals and reports by the Board in the areas of custody and disbursement of funds, capital plans and budgetary and fiscal processes. The Board and Chancellor must ensure procedures for implementing such review and approval as required by law.

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