I'm uncertain of what happened here but Borough President Stringer correctly acted here in attempting to block Mayor Bloomberg from directly submitting the name of Cathie Black to the Commissioner of Education David M. Steiner. The procedures in NYS Education Law gives this body the authority to request the certificate from the Commissioner. The Education Policy Panel decision to allow the Mayor to directly submit the request violated the procedures set up Education Law. That's why the Commissioner Steiner erred in his decision to accept it directly from the Mayor issuing a professional certificate to Cathie Black. Until the Commissioner follows the proper procedure that certificate is invalid open to procedural challenges.
The procedure for requesting the certificate:
"the Commissioner of Education at the request of a board of education..., may provide for the issuance of a professional certificate as a school district leader (superintendent of schools)...Prior to the appointment of such individual the board must obtain the approval from the Commissioner. In its formal request to the department the board must submit its resolution noting...approval of the request..."
Education Law S3003(3) and 8 NYCRR S80-3.10(b) (3) (iii)
And as long as the NYS Assembly and Senate "maintained" the board of education in the mayoral control legislation it passed 2002 and 2009, it must request the certificate not the mayor though in this case requested on behalf of the mayor.
The procedure for requesting the certificate:
"the Commissioner of Education at the request of a board of education..., may provide for the issuance of a professional certificate as a school district leader (superintendent of schools)...Prior to the appointment of such individual the board must obtain the approval from the Commissioner. In its formal request to the department the board must submit its resolution noting...approval of the request..."
Education Law S3003(3) and 8 NYCRR S80-3.10(b) (3) (iii)
And as long as the NYS Assembly and Senate "maintained" the board of education in the mayoral control legislation it passed 2002 and 2009, it must request the certificate not the mayor though in this case requested on behalf of the mayor.
Education Law section 3003(3) has procedural steps for a very specific reason. A violation of section 3003(3) probably triggers a violation of something else...so I would suggest getting the 'bill jackets' from the NYS Senate and Assembly to see WHY 3003(3) was structured the way it was...this may lead to the real fight.
ReplyDeleteHow do you get these jackets? This is a significant school law case with intrigue, scandal, a powerful billionaire mayor and lots of media attention not to say the lives of teachers, administrators, parents and 1.1 million students most of them black and Latinos. We have to take some leadership position here. Already a parent is suing the schools and a Supreme Court justice order the parties to court on December 23, i.e, the State Education Commissioner, Board of regents Chancellor and others to answer why they waived the master's degree requirement when the education law only mentions graduate courses not the degree, something Cathie Black lacks.
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