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.

 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 Marty Markowitz

Manhattan Borough President 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 non-
member 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 re-
appointed 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.