JEAN JACOBS
GOP MAYORAL CANDIDATE
LESSON IN SCHOOL LAW 101
I have the background and experience to speak to the New York State School System and the laws that govern the educational system. Recently Ms. Andi Turco Levin, GOP Candidate for Mayor has proposed that the City of Kingston Investigate Schools in Freeman article on August 27, 2011. Ms. Turco Levins proposal would over step the authority of the City, as I have outlined in my statement today. There are rules and regulations and standards of compliance that clearly defines and governs the State and Federal Governments role in education. Based on STATE LAW Kingston City School District is out of city government's jurisdiction. Turco Levin called for the city to investigate the Kingston School district and HELP school officials put procedures in place. Procedures are in place as defined in School Law and the chain of command identifies with every one's role and responsibility, which I have confirmed in my statement.
Both the governor and the Legislature have proposed and enacted numerous statutes in the Education Law that affect education at the state level. Section l604 for common school districts, section 1804 for central school districts, section 1950 for boards of cooperative educational services (BOCES) and Articles 51, 52, and 52a for city school districts' specify school duties. In addition the Legislature has delegate authority to the New York State Board of Regents through the Education Law. The regents and the State Education Department SED also can establish policy adopting rules and regulations within the limitations of the state law. These regulations have the authority of law, unless overruled by decisions of the states courts or the Legislature, or until superseded by the promulgating agency. The State delegates powers to school districts as it does to municipalities. School districts are considered branches or agencies of the state government. School boards must develop and implement policies in some areas and may do the same in other areas where the state and federal government have not spoken.
The New York State Eduction Department under the direction of the commissioner of education, is the administrative arm of the Board of Regents. It is charged with carrying out legislative mandates and the Regents policies. The State Education Department is charged with the general management and supervision of all public schools and all of the educational work of the state, including the operations of the University of New York State and the exercise of all the powers and duties of the Regents and the commissioner of education.
The Commissioner of Eduction:
The commissioner of eduction is the president of the University of the State of New York ad the Chief Executive officer of the State Education Department. The commissioner of education's powers and duties are contained in section 305 of the educational law. They include enforcement of laws relating to the educational system, execution of all educational policies determined by the Board of Regents, supervision of all schools and institutions subject to the provisions of the Education Law, granting and annulment of teaching certificates, review of appeals and petitions pursuant to section 310 and execution of other such powers and duties determined by the Board of Regents.
School Boards:
A school board is corporate body that oversees and manages a public school district's affairs, personnel and properties. Its members are elected by the residents of the school district the board oversees. The term corporate body indicates that a school board is treated as a corporation, a legal entity that has an existence distinct and apart from its members and has the capacity for continuous existence without regard to changes in its membership. As such, the legality of the school board's contracts as well as the validity of its policies and resolutions do not depend on its individual members. Board members do not assume any personal liability for the school district; generally they take action official action only by majority vote at an official meeting.
City school district
In those cities with populations exceeding 125,000 (New York City, Buffalo, Yonkers, Rochester, and Syracuse), the city school districts are coterminous with the city limits, and education is part of the municipal budget. These districts cannot incur debts or levy taxes. The governmental structure in all of these except for New York is that of an elected or appointed board of education. New York's public education is headed by a chancellor and has a 13-member all-appointed Department of Education Panel for Education Policy.[65]
The city school districts for the 57 cities having fewer than 125,000 people are separate from the municipal government and are authorized to levy taxes and incur debt. Each of them is governed by an elected board of education with five, seven, or nine members. Districts for smaller cities often extend beyond the city borders and are referred to as "enlarged city school districts", seven of which have reorganized as "central city school districts".[65]
I am running for office because I believe I have the requisite experience and skill needed to be successful as your next Mayor in the City of Kingston.
GOP Candidate for Mayor
Jean Jacobs
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