A. 8553 2
appointee shall be a resident of the city. Any vacancy shall be filled
by appointment FOR THE UNEXPIRED TERM by the appropriate appointing
authority. Notwithstanding any provision of local law, the members of
the board shall not have staff, offices, or vehicles assigned to them or
receive compensation for their services, but shall be reimbursed for the
actual and necessary expenses incurred by them in the performance of
their duties; PROVIDED, HOWEVER, THAT THE CHAIRPERSON SHALL BE ALLOCATED
THE FUNDS AS ARE NECESSARY TO CARRY OUT HIS OR HER DUTIES AND FUNCTIONS,
INCLUDING FUNDS TO RETAIN AND EMPLOY AN ADEQUATE STAFF.
(b) The city board shall hold at least twelve meetings per year; any
additional meetings may be called at the request of the chancellor.
(C)(I) THE CITY BOARD SHALL HOLD AT A MINIMUM TWELVE PUBLIC HEARINGS
HELD ON A MONTHLY BASIS. SUCH HEARINGS CAN BE PART OF OR IN ADDITION TO
THE TWELVE MEETINGS HELD PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION,
ANY OTHER PUBLIC HEARING OR MEETING SCHEDULED PURSUANT TO THIS SECTION.
(II) PUBLIC HEARINGS PROVIDED FOR BY THIS SECTION SHALL INCLUDE A
DESCRIPTION OF ALL CITY-WIDE EDUCATIONAL PLANS TO BE PROPOSED FOR THE
CITY BOARD THAT AFFECTS: (A) EDUCATIONAL STANDARDS AND POLICY PURSUANT
TO SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS ARTI-
CLE; (B) PROPOSALS PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE; (C) BUDGETARY PROPOSALS ADOPTED PURSU-
ANT TO SECTION TWENTY-FIVE HUNDRED NINETY-Q OF THIS ARTICLE; (D)
CONTRACTS OVER ONE HUNDRED THOUSAND DOLLARS PURSUANT TO SUBDIVISION FIVE
OF SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS ARTICLE; AND (E) EDUCA-
TIONAL FACILITIES CAPITAL PLAN PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
THREE OF SECTION TWENTY-FIVE HUNDRED NINETY-P OF THIS ARTICLE. SUCH
PUBLIC HEARINGS, SHALL BE SUBJECT TO THE PROVISIONS OF SECTION
TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTICLE, EXCEPT PUBLIC HEARINGS OF
THE CITY BOARD ON ALL OTHER MATTERS SHALL, UNLESS OTHERWISE PROVIDED FOR
BY LAW, BE SUBJECT TO THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED
NINETY-W OF THIS ARTICLE, EXCEPT FOR THE PUBLIC COMMENTS REQUIREMENTS IN
SECTION TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTICLE.
(D) ALL CITY BOARD MEETINGS AND HEARINGS ARE SUBJECT TO ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW.
S 2. Paragraph (c) of subdivision 2 of section 2590-b of the education
law, as amended by chapter 123 of the laws of 2003, is amended to read
as follows:
(c) The city board may readjust or alter the districts in such plan
only once in every ten years, commencing with the year two thousand
four. The city board in conjunction with the chancellor and the communi-
ty council representatives, shall prepare and make public a plan to
ensure the smooth transition of pupils and school personnel, creation of
new boards, and allocation of school facilities and resources among the
districts established pursuant to paragraph (b) of this subdivision.
Prior to the adoption of [the transition plan] ANY READJUSTMENTS OR
ALTERATIONS OF THE DISTRICTS PROVIDED FOR BY THIS SUBDIVISION, the city
board shall hold one or more public hearings in each borough[. The],
SUBJECT TO THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED NINETY-W OF
THIS ARTICLE, EXCEPT THAT THE city board shall make the [transition]
REVISED plan available not less than three weeks before the first such
public hearing. Upon receipt of comments, the city board, in conjunction
with the chancellor and the community council representatives, shall
prepare a revised [transition] REDISTRICTING plan, if necessary and make
such plan available to the public for comment.
A. 8553 3
S 3. Subdivisions 4 and 7 and paragraph (e) of subdivision 8 of
section 2590-c of the education law, as added by chapter 123 of the laws
of 2003, are amended to read as follows:
4. Notwithstanding any provisions of law to the contrary, the communi-
ty district education council may appoint a secretary, pursuant to the
policies of the city board, who shall perform the following functions:
(a) prepare meeting notices, agendas and minutes; (b) record and main-
tain accounts of proceedings and other council meetings; [and] (c)
prepare briefing materials and other related informational materials for
such meetings; AND (D) PREPARE PUBLIC HEARING NOTICES, AGENDAS AND
MINUTES FOR PUBLIC HEARINGS HELD PURSUANT TO SECTION TWENTY-FIVE HUNDRED
NINETY-W OF THIS ARTICLE. Each council shall be responsible for the
appointment, supervision, evaluation and discharge of the secretary.
7. (a) Each community council shall prepare and submit to the city
board a performance report every month. The information provided shall
include community council members' attendance records; participation in
community council committees and other community council activities;
visits to schools; and voting records on major issues before the commu-
nity council.
(b) The city board shall review and consolidate the performance
reports into one comprehensive city district-wide report, which shall be
disseminated to the community and the media semiannually. SUCH
DISTRICT-WIDE REPORT SHALL BE PUBLISHED ON THE SCHOOL DISTRICT'S WEBSITE
WITHIN FORTY-EIGHT HOURS OF COMPLETION.
(C) MEETINGS OF THE COMMUNITY DISTRICT EDUCATION COUNCILS SHALL BE
SUBJECT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
(e) beginning in January of each school year and continuing until the
date of selection, ensure the distribution of guides to parents in addi-
tion to information regarding community council roles, functions, and
activities, including upcoming parents' association and parent-teacher
association elections, candidate information, and the nature of the
selection process.
Prior to the adoption of the processes, procedures, rules or regu-
lations set forth in this subdivision, the chancellor shall ensure that
there is an inclusive public process which allows for sufficient public
input from parents and the community including public hearings. SUCH
PUBLIC HEARINGS SHALL BE CONDUCTED PURSUANT TO THE PROVISIONS OF SECTION
TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTICLE. All such processes, proce-
dures, rules or regulations must be final in sufficient time to assure
for an orderly implementation and notification of such processes, proce-
dures, rules or regulations to allow for full community participation in
the nomination and selection processes and procedures.
S 4. Subdivision 1 and the opening paragraph of subdivision 2 of
section 2590-d of the education law, as amended by chapter 123 of the
laws of 2003, are amended to read as follows:
1. 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. Said
by-laws and regulations shall be published and indexed and revised at
least annually. Copies of such by-laws and regulations shall be made
available for public inspection at the offices of the city board, each
community council, the office of the commissioner of education, and the
legislative library in Albany, PUBLISHED ON THE SCHOOL DISTRICT'S
WEBSITE and at such other places as the city board may deem proper.
Each community council shall prescribe such by-laws and regulations as
may be necessary to make effectual the provisions of this chapter and
A. 8553 4
for the conduct of the proceedings of said board. Such by-laws and regu-
lations shall be filed with the city board and the commissioner of
education and shall be made available for inspection by the public at
the offices of the community council AND PUBLISHED ON THE SCHOOL
DISTRICT'S WEBSITE. Such by-laws shall include, but not be limited to
the following requirements:
S 5. Subdivisions 8, 14, 17 and 18 of section 2590-e of the education
law, subdivision 8 as amended and subdivisions 14, 17 and 18 as added by
chapter 123 of the laws of 2003, is amended to read as follows:
8. Each year prepare a school district report card pursuant to regu-
lations of the commissioner, and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to copies of the proposed budget made publicly available as required by
law, making it available for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. SCHOOL
DISTRICT REPORT CARDS SHALL BE PUBLISHED ON THE SCHOOL DISTRICT'S
WEBSITE WITHIN FORTY-EIGHT HOURS OF COMPLETION. Such report card shall
include measures of the academic performance of the school district, on
a school by school basis, and measures of the fiscal performance of the
district, as prescribed by the commissioner. Pursuant to regulations of
the commissioner, the report card shall also compare these measures to
statewide averages for all public schools, and statewide averages for
public schools of comparable wealth and need, developed by the commis-
sioner. Such report card shall include, at a minimum, any information on
the school district regarding pupil performance and expenditure per
pupil required to be included in the annual report by the requests to
the governor and the legislature pursuant to section two hundred
fifteen-a of this chapter; and any other information required by the
commissioner. School districts (i) identified as having fifteen percent
or more of their students in special education, or (ii) which have fifty
percent or more of their students with disabilities in special education
programs or services sixty percent or more of the school day in a gener-
al education building, or (iii) which have eight percent or more of
their students with disabilities in special education programs in public
or private separate educational settings shall indicate on their school
district report card their respective percentages as defined in this
paragraph and paragraphs (i) and (ii) of this subdivision as compared to
the statewide average.
14. Hold public meetings at least every month with the superintendent
during which the public may speak so that parents and the community have
a voice and a public forum to air their concerns. PUBLIC MEETINGS
PROVIDED FOR BY THIS SECTION SHALL BE SUBJECT TO ARTICLE SEVEN OF THE
PUBLIC OFFICERS LAW.
17. Hold a public hearing on the district's annual capacity plans,
recommended by the superintendent and based on data from the chancellor
on enrollment/utilization for each school within the district and submit
such plan, upon approval by the community council, to the chancellor for
his or her approval and implementation. PUBLIC HEARINGS REQUIRED BY THIS
SECTION SHALL BE SUBJECT TO THE PROVISIONS OF SECTION TWENTY-FIVE
HUNDRED NINETY-W OF THIS ARTICLE.
18. (A) Provide input, as it deems necessary, to the chancellor and
the city board on matters of concern to the district, INCLUDING BUT NOT
LIMITED TO, PARTICIPATION OF ALL PUBLIC HEARINGS, AND THE RIGHT TO
PROVIDE COMMENTS AT ALL CITY BOARD MEETINGS, SUBJECT TO THE RULES
PROMULGATED BY THE CHANCELLOR.
A. 8553 5
(B) THE CHANCELLOR AND THE CITY BOARD SHALL ON A TIMELY BASIS AND UPON
WRITTEN REQUEST, PROVIDE ALL INFORMATION AND DATA TO A COMMUNITY
DISTRICT EDUCATION COUNCIL NECESSARY TO PERFORM ITS DUTIES UNDER THIS
SECTION.
S 6. The opening paragraph of subdivision 1 of section 2590-f of the
education law, as added by chapter 720 of the laws of 1996, is amended
to read as follows:
Subject in every case to powers devolved to principals and schools
consistent with this article, the superintendent shall have the follow-
ing powers and duties AND SHALL BE ALLOCATED THE FUNDS AS ARE NECESSARY
TO CARRY OUT SUCH POWERS AND DUTIES, INCLUDING FUNDS TO RETAIN AND
EMPLOY AN ADEQUATE STAFF:
S 7. The opening paragraph and subdivision 5 of section 2590-g of the
education law, as amended by chapter 91 of the laws of 2002, are amended
to read as follows:
The city board shall advise the chancellor on matters of policy
affecting the welfare of the city school district and its pupils. The
board shall exercise no executive power and perform no executive or
administrative functions. Nothing herein contained shall be construed
to require or authorize the day-to-day supervision or the administration
of the operations of any school within the city school district of the
city of New York, EXCEPT AS OTHERWISE PROVIDED BY LAW, THE POWER AND
DUTY OF THE BOARD SHALL BE EXERCISED BY A MAJORITY VOTE OF THE MEMBERS.
The board shall have the power and duty to:
5. Approve contracts that would significantly impact the provision of
educational services or programming within the district AND ARE VALUED
AT MORE THAN ONE HUNDRED THOUSAND DOLLARS. APPROVE CONTRACTS TO PROVIDE
TECHNICAL OR CONSULTANT SERVICES WITHIN THE DISTRICT THAT ARE VALUED AT
MORE THAN ONE HUNDRED THOUSAND DOLLARS.
S 8. Subdivisions 2, 3, 9, 15, 21, 24 and 27 of section 2590-h of the
education law, subdivisions 2, 9 and 15 as amended by chapter 123 of the
laws of 2003, subdivisions 3, 21, 24 and 27 as amended by chapter 720 of
the laws of 1996, are amended and two new subdivisions 9-a and 22-a are
added to read as follows:
2. Establish, control and operate new schools or programs of the types
specified in subdivision one of this section, or to discontinue any such
schools and programs as he or she may determine; provided, however, that
the chancellor shall consult with the affected community district educa-
tion council AND HOLD PUBLIC HEARINGS PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-W OF THIS ARTICLE before:
(a) substantially expanding or reducing such an existing school or
program within a community district;
(b) initially utilizing a community district school or facility for
such a school or program;
(c) instituting any new program within a community district.
3. Subject to the approval of the city board, develop a plan to
provide for the establishment of comprehensive high schools within the
city district so that every community district shall have available to
its graduates further education and a comprehensive high school. Such
plan may provide for the conversion of academic and vocational high
schools and may be amended or modified from time to time, SUBJECT TO
PUBLIC HEARINGS PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-W OF THIS
ARTICLE.
9. Furnish community district education councils and the city board
periodically with the results of such examinations and evaluations and
A. 8553 6
to make the same public, INCLUDING BUT NOT LIMITED TO PUBLISHING ON THE
SCHOOL DISTRICT'S WEBSITE WITHIN FORTY-EIGHT HOURS OF COMPLETION.
9-A. DEVELOP, SUBJECT TO THE APPROVAL OF THE CITY BOARD BY A MAJORITY
VOTE OF ITS MEMBERS, AN ANNUAL EDUCATIONAL PLAN FOR THE CITY SCHOOL
DISTRICT FOR THE CURRENT FISCAL YEAR THAT PROVIDES THE ANNUAL PRIORITIES
AND PROGRAMS ALIGNED WITH THE BUDGET. SUCH PLAN SHALL BE MADE PUBLIC AND
SUBMITTED TO THE CITY BOARD ON OR BEFORE OCTOBER FIRST OF EACH YEAR. THE
CITY BOARD SHALL HOLD AT LEAST ONE HEARING PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTICLE. SUCH PLAN SHALL PROVIDE
THE FOLLOWING INFORMATION: (A) NEEDS ASSESSMENT FINDINGS; (B) STATEMENT
OF THE POLICY PRIORITIES, INCLUDING OVERALL GOALS AND OBJECTIVES; (C)
KEY PRIORITIES AND STRATEGIES OR PROGRAMS FOR IMPROVING INSTRUCTIONAL
PROGRAMS; STUDENT OUTCOMES; STUDENT TIME ON TASK; SPECIAL EDUCATION
PROGRAMS AND SERVICE DELIVERY; PROFESSIONAL DEVELOPMENT; MIDDLE AND HIGH
SCHOOL RESTRUCTURING; AVAILABILITY AND QUALITY OF FULL-DAY PRE-KINDER-
GARTEN PROGRAMS; PARENTAL INVOLVEMENT AND CONSULTATION; AVAILABILITY AND
QUALITY OF VOCATIONAL HIGH SCHOOLS; AND ANY OTHER EDUCATIONAL MATTERS
DEEMED NECESSARY; (D) PERFORMANCE GOALS AND MEASURES FOR EACH PRIORITY
AND STRATEGY OR PROGRAM; AND (E) ESTIMATED FUNDING APPROPRIATIONS FOR
EACH STRATEGY OR PROGRAM.
15. Promote the involvement and appropriate input of all members of
the school community pursuant to the provisions of this article, includ-
ing parents, teachers, and other school personnel, including:
(a) establishing a parents' association or a parent-teachers' associ-
ation in each school under the chancellor's jurisdiction; and ensuring
that the districts do the same;
(b) pursuant to a plan prepared in consultation with associations of
parents, and representatives of teachers, supervisors, paraprofessionals
and other school personnel within the city district, and promulgated no
later than January thirty-first, nineteen hundred ninety-eight, (i)
taking all necessary steps to ensure that no later than October first,
nineteen hundred ninety-nine, the city district and the community
districts are in full compliance, and remain in compliance thereafter,
with state and federal law and regulations concerning school-based
management and shared decision-making, including section 100.11 of the
commissioner's regulations, in a manner which balances participation by
parents with participation by school personnel in advising in the deci-
sions devolved to schools pursuant to sections twenty-five hundred nine-
ty-i and twenty-five hundred ninety-r of this article, and (ii) pursuant
to such plan providing for appropriate training to any parent and school
personnel who participate in the school-based management and shared
decision-making process;
(b-1) school based management teams developed pursuant to paragraph
(b) of this subdivision shall possess the following powers and duties:
(i) develop an annual school comprehensive educational plan that is
aligned with the school based budget. Such plan shall be submitted to
the district superintendent and be made available for public inspection,
INCLUDING BUT NOT LIMITED TO PUBLISHING ON THE SCHOOL DISTRICT'S OR
SCHOOL BASED MANAGEMENT TEAM'S WEBSITE;
(ii) hold at least one meeting per month during the school year. Each
monthly meeting shall be held at a time that is convenient for the
parent representatives;
(iii) [provide notice of] ENSURE ALL monthly meetings [that is
consistent with the open meetings law] SHALL BE SUBJECT TO ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW;
A. 8553 7
(iv) have parent members of such teams make recommendations, consist-
ent with the chancellor's regulations, on the selection of the school
principal;
(v) undergo initial and ongoing training that will allow its members
to carry out their duties effectively; and
(c) developing, in consultation with associations of parents in the
city district, and implementing no later than October first, nineteen
hundred ninety-eight, a parental bill of rights which provides for, at
minimum:
(i) reasonable access by parents, persons in parental relation and
guardians to schools, classrooms, and academic and attendance records of
their own children, consistent with federal and state laws, provided
that such access does not disrupt or interfere with the regular school
process;
(ii) the rights of parents, persons in parental relation and guardians
to take legal action and appeal the decisions of the school adminis-
tration, as authorized by law;
(iii) the right of parents, persons in parental relation and guardians
to have information on their own child's educational materials;
(iv) access to and information about all public meetings, hearings of
the chancellor, the city board, the community superintendents, the
community district education councils, and the schools; [and]
(v) access to information regarding programs that allow students to
apply for admission where appropriate to schools outside a student's own
attendance zone; AND
(VI) THE CHANCELLOR, THE CITY BOARD, THE COMMUNITY DISTRICT EDUCATION
COUNCILS, SUPERINTENDENTS AND PRINCIPALS OF SCHOOLS, SHALL ON A TIMELY
BASIS AND UPON WRITTEN REQUEST, PROVIDE ALL INFORMATION AND DATA TO A
SCHOOL LEADERSHIP TEAM NECESSARY TO PERFORM ITS DUTIES UNDER THIS
SECTION.
21. Perform the functions of the bureau of audit throughout the city
district, including ensuring compliance with [subdivisions thirty-six
and] SUBDIVISION thirty-seven of this section AND SECTION TWENTY-FIVE
HUNDRED NINETY-T OF THIS ARTICLE.
22-A. TAKE ALL NECESSARY STEPS TO INTEGRATE THE CENTRALIZED ACCOUNTING
AND BUDGETING SYSTEM OF THE CITY SCHOOL DISTRICT INTO THE FINANCIAL
MANAGEMENT SYSTEM OF THE CITY OF NEW YORK THAT WAS IMPLEMENTED PURSUANT
TO SECTION EIGHT HUNDRED SIXTY-ONE OF THE NEW YORK CITY CHARTER AND TO
COMPLETE SUCH INTEGRATION OF SYSTEMS NO LATER THAN JULY FIRST, TWO THOU-
SAND ELEVEN.
24. Develop and implement a five-year educational facilities capital
plan, and amendments thereto, as defined in section twenty-five hundred
ninety-p of this article. CONDUCT PUBLIC HEARINGS, PROVIDED FOR IN
SECTION TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTICLE, ON SUCH FIVE YEAR
FACILITIES CAPITAL PLAN. The chancellor shall also appoint a person, who
reports directly to the chancellor or his or her designee, to assist in
the development and implementation of such plan and amendments thereto
and to oversee the school buildings program.
27. Develop, in conjunction with each community superintendent, a plan
for providing access to school facilities in each community school
district, when not in use for school purposes, in accordance with the
provisions of section four hundred fourteen of this chapter. Such plan
shall set forth a reasonable system of fees not to exceed the actual
costs and specify that no part of any fee shall directly or indirectly
benefit or be deposited into an account which inures to the benefit of
the custodians or custodial engineers. SUCH PLAN SHALL ONLY BE IMPLE-
A. 8553 8
MENTED, SUBJECT TO A PUBLIC HEARING AS PROVIDED FOR IN SECTION
TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTICLE, AND SHALL BE PUBLISHED ON
THE SCHOOL DISTRICT'S WEBSITE WITHIN FORTY-EIGHT HOURS AFTER ADOPTION.
S 9. The opening paragraph and paragraphs (g) and (h) of subdivision 1
of section 2590-i of the education law, as added by chapter 720 of the
laws of 1996, are amended to read as follows:
The principal shall be the administrative and instructional leader of
the school. Subject to the regulations of the chancellor and applicable
collective bargaining agreements and obligations, the principal shall be
responsible for the day to day operation of the school and shall carry
out these duties in consultation with parents, teachers, MEMBERS OF
SCHOOL LEADERSHIP TEAMS and other staff pursuant to section twenty-five
hundred ninety-h of this article including:
(g) to make or arrange for minor repairs as delegated by the chancel-
lor or superintendent pursuant to regulations of the chancellor, or as
otherwise authorized by law subject to [subdivisions thirty-six and]
SUBDIVISION thirty-seven of section twenty-five hundred ninety-h of this
article AND TO SECTION TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE,
(h) subject to [subdivisions thirty-six and] SUBDIVISION thirty-seven
of section twenty-five hundred [nine-h] NINETY-H AND TO SECTION TWENTY-
FIVE HUNDRED NINETY-T, of this article, identifying and purchasing
equipment and supplies that can be purchased for less than if purchased
through purchasing arrangements entered into through the city board, the
chancellor or the superintendent,
S 10. Section 2590-o of the education law, as added by chapter 738 of
the laws of 1988, is amended by adding a new subdivision 3-a to read as
follows:
3-A. NO LATER THAN JANUARY FIRST, TWO THOUSAND TEN, THE CHANCELLOR
SHALL PREPARE AND SUBMIT A PRELIMINARY PROPOSED REVISION TO THE EDUCA-
TIONAL FACILITIES MASTER PLAN TO THE CITY BOARD AND TO EACH COMMUNITY
SCHOOL BOARD. THIS PROPOSED REVISION SHALL REFLECT THE PROGRESS ACHIEVED
DURING THE FIRST THREE YEARS OF THE MASTER PLAN AND SHALL INCORPORATE
SUCH CHANGES TO THE MASTER PLAN AS THE CHANCELLOR DEEMS NECESSARY. EACH
SUCH COMMUNITY SCHOOL BOARD SHALL CONDUCT A PUBLIC HEARING AND SHALL
PREPARE AND SUBMIT RECOMMENDATIONS TO THE CHANCELLOR ON OR BEFORE MARCH
FIRST, TWO THOUSAND TEN WITH RESPECT TO MATTERS IN THE PLAN THAT INVOLVE
THAT SCHOOL DISTRICT. THE CHANCELLOR SHALL CONSIDER THE RECOMMENDATIONS
RECEIVED FROM THE COMMUNITY SCHOOL BOARDS, AND, ON OR BEFORE APRIL
FIRST, TWO THOUSAND TEN, SHALL SUBMIT A FINAL PROPOSED REVISION TO THE
MASTER PLAN TO THE CITY BOARD FOR ITS APPROVAL. ON OR BEFORE MAY FIRST
OF SUCH YEAR, THE CITY BOARD SHALL APPROVE BY A MAJORITY VOTE OF ITS
MEMBERS THE REVISION TO THE EDUCATIONAL FACILITIES MASTER PLAN SUBMITTED
BY THE CHANCELLOR.
S 11. Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by chapter 123 of the laws of 2003, is amended to read
as follows:
b. Commencing on November first, nineteen hundred ninety-three, and
every five years thereafter, the chancellor shall submit a proposed
five-year educational facilities capital plan to take effect on the
succeeding July first to each community district education council,
which shall conduct a public hearing SUBJECT TO THE PROVISIONS OF
SECTION TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTICLE and shall prepare
and submit recommendations to the chancellor on or before January first
of the ensuing year with respect to matters in the plan that involve
that school district. The chancellor shall consider the recommendations
received from the community district education councils, and ALL PUBLIC
A. 8553 9
COMMENTS AND TESTIMONY PROVIDED FOR AT PUBLIC HEARINGS, on or before
February first of such year, shall submit a final proposed five-year
educational facilities capital plan to the city board for its approval.
On or before March first of such year, the city board shall approve BY A
MAJORITY VOTE OF ITS MEMBERS the five-year educational facilities capi-
tal plan submitted by the chancellor. THE CITY BOARD SHALL HOLD PUBLIC
HEARINGS ON SUCH FINAL PROPOSED FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL
PLAN, PRIOR TO THE APPROVAL PURSUANT TO SECTION TWENTY-FIVE HUNDRED
NINETY-W OF THIS ARTICLE.
S 12. Subdivision 5 of section 2590-p of the education law, as added
by chapter 738 of the laws of 1988, paragraph a as amended by chapter 91
of the laws of 2002, is amended to read as follows:
5. a. The chancellor may in his or her discretion, SUBJECT TO PARA-
GRAPH B OF THIS SUBDIVISION, submit amendments to an approved five-year
educational facilities capital plan to the city board, mayor, and city
council for their approval.
b. The chancellor shall submit such amendments in the event (i) the
estimated cost of any program element shall increase by more than ten
percent from the estimate contained in the plan, (ii) a project will not
be commenced within six months from the date set forth in the plan,
(iii) a project to be performed at an identified educational facility is
proposed to be performed at a different educational facility or (iv) a
project not identified in the plan, other than projects to be performed
pursuant to paragraph h of subdivision two of this section, is proposed
to be initiated.
c. In the event the city shall appropriate an amount less than the
amount proposed to be funded by the city in the then approved five-year
educational facilities capital plan, or in the event an appropriation
shall be reduced below such level as provided in subdivision four of
this section, the chancellor shall prepare and submit to the city board
for its approval an amendment to such plan to reflect the reduced amount
of funding from the city.
d. If the effect of any plan amendment would require an additional
appropriation by the city, no such amendment shall be implemented unless
and until the city shall make such additional appropriation.
e. Amendments submitted by the chancellor as described in paragraph c
and in clauses (iii) and (iv) of paragraph b of this subdivision shall
also be submitted to each affected community [school board] DISTRICT
EDUCATION COUNCIL, which [may] SHALL conduct a public hearing and
prepare and submit recommendations to the city board within forty-five
days of such submission. PUBLIC HEARINGS PROVIDED FOR BY THIS SECTION
SHALL BE CONDUCTED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-W OF
THIS ARTICLE, EXCEPT THAT AN EXPEDITED COMMENT AND ASSESSMENT PERIOD, AS
DEFINED IN SUCH SECTION, SHALL BE USED.
S 13. Paragraph c of subdivision 6 of section 2590-p of the education
law, as amended by chapter 123 of the laws of 2003, is amended to read
as follows:
c. The chancellor shall prepare preliminary scopes (i) for each
project contained within the program elements defined in paragraphs a
and b of subdivision two of this section and, where appropriate, para-
graph g of subdivision two of this section, (ii) for each major modern-
ization project contained in paragraph c of such subdivision two, and
(iii) for each new construction project contained in paragraph d of such
subdivision two, and shall transmit such preliminary scopes to the
affected community district education councils. The community district
education council [may] SHALL hold hearings on such scope SUBJECT TO THE
A. 8553 10
PROVISIONS OF SECTION TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTICLE;
provided, however, that the community district education council must
submit any comments to the chancellor no later than thirty days follow-
ing the date of submission, AND THAT AN EXPEDITED COMMENT AND ASSESSMENT
PERIOD AS DEFINED IN SECTION TWENTY-FIVE HUNDRED NINETY-W OF THIS ARTI-
CLE BE UTILIZED. The chancellor shall consider the comments in prepar-
ing the scope that he or she will submit to the director of management
and budget of the city pursuant to paragraph d of this subdivision.
S 14. Paragraph (a) of subdivision 4 and subdivisions 10, 11 and 13 of
section 2590-q of the education law, paragraph (a) of subdivision 4 and
subdivisions 10 and 11 as amended by chapter 123 of the laws of 2003 and
subdivision 13 as amended by chapter 91 of the laws of 2002, are amended
to read as follows:
(a) estimates, as adopted by the city board BY A MAJORITY VOTE OF THE
MEMBERS, of the total sum of money which it deems necessary for the
operation of the city district (other than functions to be financed from
funds provided for in the capital budget of the city) during the next
fiscal year of the city, together with the estimates submitted by the
community district education councils;
10. Notwithstanding any provisions of law to the contrary, any moneys
appropriated to or authorized for expenditure by the city board BY A
MAJORITY VOTE OF THE MEMBERS including moneys so appropriated to finance
innovative programs or activities by community district education coun-
cils (but other than moneys so appropriated for the exercise of powers
or duties reserved to the city board) may be allocated by the chancellor
to any community district education council. Allocations made pursuant
to this subdivision shall be based on the needs of the recipient commu-
nity district education councils, considered in conjunction with the
needs of the schools and programs under the jurisdiction of the city
board, in the case of moneys appropriated for innovative programs or
activities, the relative merit of the programs or activities proposed by
the respective community district education councils.
11. The chancellor shall perform all functions in connection with
article seventy-three of this chapter; provided that the chancellor
shall allocate to the community district education councils the state
funds apportioned to the city district pursuant to such article seven-
ty-three, less the amount of such funds necessary to enable the chancel-
lor to carry out his or her responsibilities, on the basis of an objec-
tive formula established by the chancellor and approved by the city
board annually BY A MAJORITY VOTE OF THE MEMBERS, after consultation
with the community district education councils and the mayor, which
formula shall reflect the relative educational needs of the community
districts to the maximum extent feasible.
13. The city board, BY A MAJORITY VOTE OF THE MEMBERS, through the
chancellor shall perform all functions in connection with the capital
budget as provided in chapter nine of the charter of the city of New
York, except as otherwise provided herein.
S 15. Subdivisions a, b, h and n of section 2590-r of the education
law, as added by chapter 720 of the laws of 1996, are amended to read as
follows:
a. the allocation of projected revenues among community districts and
their schools on the basis of objective formulae developed by the chan-
cellor, after consultation with the community boards, community super-
intendents and the mayor, and approved by the city board, such formulae
shall reflect the relative educational needs of the community districts
and their schools to the maximum extent feasible; PROVIDED THAT SUCH
A. 8553 11
REGULATIONS SHALL INCLUDE A PROCESS MANDATING THAT PRIOR TO APPROVAL BY
THE CITY BOARD OF SUCH FORMULAE, OR AMENDMENTS THERETO, THE CHANCELLOR
SHALL CONDUCT PUBLIC HEARINGS PURSUANT TO SECTION TWENTY-FIVE HUNDRED
NINETY-W OF THIS ARTICLE;
b. the principal of each school to propose a school-based expenditure
budget ALIGNED WITH THE SCHOOL COMPREHENSIVE EDUCATIONAL PLAN, after
soliciting input pursuant to section twenty-five hundred ninety-h, and
twenty-five hundred ninety-i of this article on budget priorities from
all members of the school community, INCLUDING CONSULTING SCHOOL-BASED
MANAGEMENT TEAMS;
h. a comprehensive system of public reporting, INCLUDING BUT NOT
LIMITED TO PUBLICATION ON THE SCHOOL DISTRICT'S WEBSITE WITHIN
FORTY-EIGHT HOURS OF ENACTMENT, on the final enacted budget including
the levels of appropriation provided by the city, the state and the
federal government with a comparison of the level of such funding
against previous years' totals, and an explanation of the final budget;
n. a collaborative school-based planning process involving parents,
teachers, SCHOOL LEADERSHIP TEAMS OR OTHER SCHOOL-BASED MANAGEMENT
TEAMS, other school personnel and, where appropriate, students to effec-
tuate the purposes of this section. THE COLLABORATIVE SCHOOL-BASED
PLANNING PROCESS SHALL INCLUDE AT LEAST ONE PUBLIC HEARING ON EACH ANNU-
AL SCHOOL-BASED BUDGET, PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-W
OF THIS ARTICLE.
S 16. The education law is amended by adding four new sections 2590-t,
2590-u, 2590-v and 2590-w to read as follows:
S 2590-T. PROCUREMENT POLICY AND COMPTROLLER AUDITS. 1. ALL GOODS,
SERVICES OR CONSTRUCTION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK SHALL BE PROCURED AS PRESCRIBED IN CHAPTER THIRTEEN OF THE NEW YORK
CITY CHARTER. NO CONTRACT SHALL BE IMPLEMENTED UNTIL (A) A COPY HAS BEEN
FILED WITH THE CITY COMPTROLLER AND (B) THE CITY COMPTROLLER HAS REGIS-
TERED IT IN ACCORDANCE WITH SECTION THREE HUNDRED TWENTY-EIGHT OF THE
NEW YORK CITY CHARTER.
2. THE CITY COMPTROLLER SHALL HAVE THE POWER TO AUDIT THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE CITY
DISTRICT'S OPERATIONS AND PROGRAMS, AND SHALL EXERCISE THE POWERS AND
DUTIES AS SET FORTH IN SUBDIVISIONS B, C, D AND E OF SECTION
NINETY-THREE OF THE NEW YORK CITY CHARTER IN CONDUCTING AUDITS OF THE
CITY DISTRICT.
3. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH OR IMPAIR THE
STATE COMPTROLLER'S POWERS AND DUTIES TO AUDIT THE CITY SCHOOL DISTRICT
OF THE CITY OF NEW YORK.
S 2590-U. POWERS AND DUTIES OF THE CITY INDEPENDENT BUDGET OFFICE
APPLYING TO THE CITY SCHOOL DISTRICT. 1. THE INDEPENDENT BUDGET OFFICE
ESTABLISHED PURSUANT TO CHAPTER ELEVEN OF THE NEW YORK CITY CHARTER
SHALL BE AUTHORIZED TO SECURE SUCH INFORMATION, DATA, ESTIMATES AND
STATISTICS FROM THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AS THE
DIRECTOR OF THE OFFICE DETERMINES TO BE NECESSARY FOR THE PERFORMANCE OF
THE FUNCTIONS AND DUTIES OF THE OFFICE, AND THE CITY DISTRICT SHALL
PROVIDE SUCH INFORMATION IN A TIMELY FASHION AND IN THE FORMAT REQUESTED
BY THE OFFICE, INCLUDING GENERATING INFORMATION MAINTAINED ELECTRON-
ICALLY. THE DIRECTOR SHALL NOT BE ENTITLED TO OBTAIN RECORDS WHICH ARE
PROTECTED BY THE PRIVILEGES FOR ATTORNEY-CLIENT COMMUNICATIONS, ATTORNEY
WORK PRODUCT, AND MATERIAL PREPARED FOR LITIGATION.
2. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH ANNUALLY REPORTS THAT
PROVIDE INFORMATION DATA, AND ANALYSIS FOR THE CITY DISTRICT RELATING TO
THE FOLLOWING SUBJECTS: (A) CLASS SIZES AND THEIR DISTRIBUTION; (B)
A. 8553 12
SCHOOL OVERCROWDING AND ITS DISTRIBUTION; (C) STATUS OF THE FIVE-YEAR
EDUCATIONAL FACILITIES CAPITAL PLAN; (D) OPERATIONAL AND CAPITAL BUDGET
FUNDS RECEIVED AND EXPENDED IN CONNECTION WITH THE MAJOR FUNCTIONS OF
THE CITY DISTRICT; (E) HEADCOUNT OF THE CITY DISTRICT DISAGGREGATED BY
FUNCTION AND OFFICE; (F) GRADUATION RATES AND TRENDS; AND (G) TEST
RESULTS AND PROGRESS ASSESSMENTS AND TRENDS. IN ADDITION, THE OFFICE
SHALL FROM TIME TO TIME PUBLISH REPORTS RELATING TO THE CITY DISTRICT AS
MAY BE APPROPRIATE TO ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF THE
BUDGETARY PROCESS AND MATTERS RELATING TO REVENUES, EXPENDITURES, FINAN-
CIAL MANAGEMENT PRACTICES AND RELATED MATTERS.
3. THE APPROPRIATIONS AVAILABLE TO PAY FOR THE EXPENSES OF THE INDE-
PENDENT BUDGET OFFICE DURING EACH FISCAL YEAR AS REQUIRED PURSUANT TO
SECTION TWO HUNDRED FIFTY-NINE OF THE NEW YORK CITY CHARTER SHALL NOT BE
LESS THAN FIFTEEN PERCENTUM OF THE APPROPRIATIONS AVAILABLE TO PAY FOR
THE EXPENSES OF THE OFFICE OF MANAGEMENT AND BUDGET DURING SUCH FISCAL
YEAR.
S 2590-V. POWERS AND DUTIES OF THE PUBLIC ADVOCATE APPLYING TO THE
CITY SCHOOL DISTRICT. 1. THE PUBLIC ADVOCATE OF THE CITY OF NEW YORK,
ELECTED PURSUANT TO SECTION TWENTY-FOUR OF THE NEW YORK CITY CHARTER,
SHALL BE AUTHORIZED TO (A) MONITOR THE OPERATION OF THE PUBLIC INFORMA-
TION AND SERVICE COMPLAINT PROGRAMS OF THE CITY SCHOOL DISTRICT OF THE
CITY OF NEW YORK AND MAKE PROPOSALS TO IMPROVE SUCH PROGRAMS; (B) REVIEW
COMPLAINTS OF A RECURRING AND MULTI-BOROUGH OR CITY-WIDE NATURE RELATING
TO SERVICES AND PROGRAMS, AND MAKE PROPOSALS TO IMPROVE THE RESPONSE OF
THE CITY SCHOOL DISTRICT TO SUCH COMPLAINTS; (C) RECEIVE INDIVIDUAL
COMPLAINTS CONCERNING SERVICES PROVIDED BY THE CITY SCHOOL DISTRICT AND
OTHER ADMINISTRATIVE ACTIONS OF THE CITY SCHOOL DISTRICT; AND (D) INVES-
TIGATE AND OTHERWISE ATTEMPT TO RESOLVE SUCH INDIVIDUAL COMPLAINTS
EXCEPT FOR THOSE WHICH (I) ANOTHER CITY AGENCY OR THE CITY SCHOOL
DISTRICT IS REQUIRED BY LAW TO ADJUDICATE, (II) MAY BE RESOLVED THROUGH
A GRIEVANCE MECHANISM ESTABLISHED BY COLLECTIVE BARGAINING AGREEMENT OR
CONTRACT, OR (III) INVOLVE ALLEGATIONS OF CONDUCT WHICH MAY CONSTITUTE A
VIOLATION OF CRIMINAL LAW OR A CONFLICT OF INTEREST. IF THE PUBLIC ADVO-
CATE RECEIVES A COMPLAINT WHICH IS SUBJECT TO A PROCEDURE DESCRIBED IN
SUBPARAGRAPHS (I) OR (II) OF PARAGRAPH (D) OF THIS SUBDIVISION, THE
PUBLIC ADVOCATE SHALL ADVISE THE COMPLAINANT OF THE APPROPRIATE PROCE-
DURE FOR THE RESOLUTION OF SUCH COMPLAINT. IF THE PUBLIC ADVOCATE
RECEIVES A COMPLAINT OF THE TYPE DESCRIBED IN SUBPARAGRAPH (III) OF
PARAGRAPH (D) OF THIS SUBDIVISION, THE PUBLIC ADVOCATE SHALL PROMPTLY
REFER THE MATTER IN ACCORDANCE WITH SUBDIVISION K OF SECTION TWENTY-FOUR
OF THE NEW YORK CITY CHARTER.
2. UPON AN INITIAL DETERMINATION THAT A COMPLAINT MAY BE VALID, THE
PUBLIC ADVOCATE SHALL REFER IT TO THE APPROPRIATE AGENCY OR THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK. IF SUCH AGENCY OR THE CITY
SCHOOL DISTRICT DOES NOT RESOLVE THE COMPLAINT WITHIN A REASONABLE TIME,
THE PUBLIC ADVOCATE MAY CONDUCT AN INVESTIGATION AND MAKE SPECIFIC
RECOMMENDATIONS TO THE AGENCY OR THE CITY SCHOOL DISTRICT FOR RESOLUTION
OF THE COMPLAINT. IF, WITHIN A REASONABLE TIME AFTER THE PUBLIC ADVOCATE
HAS COMPLETED AN INVESTIGATION AND SUBMITTED RECOMMENDATIONS TO AN AGEN-
CY OR THE CITY SCHOOL DISTRICT, SUCH AGENCY OR THE CITY SCHOOL DISTRICT
HAS FAILED TO RESPOND IN A SATISFACTORY MANNER TO THE RECOMMENDATIONS,
THE PUBLIC ADVOCATE MAY ISSUE A REPORT TO THE COUNCIL AND THE MAYOR.
SUCH REPORT SHALL DESCRIBE THE CONCLUSIONS OF THE INVESTIGATION AND MAKE
SUCH RECOMMENDATIONS FOR ADMINISTRATIVE, LEGISLATIVE, OR BUDGETARY
ACTION, TOGETHER WITH THEIR FISCAL IMPLICATIONS, AS THE PUBLIC ADVOCATE
A. 8553 13
DEEMS NECESSARY TO RESOLVE THE INDIVIDUAL COMPLAINT OR COMPLAINTS OR TO
ADDRESS THE UNDERLYING PROBLEMS DISCOVERED IN THE INVESTIGATION.
3. IN ADDITION TO OTHER DUTIES AND RESPONSIBILITIES, THE PUBLIC ADVO-
CATE SHALL BE AUTHORIZED TO REVIEW THE PROGRAMS OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK. SUCH REVIEWS SHALL INCLUDE, BUT NOT BE
LIMITED TO, ANNUAL EVALUATIONS OF: (A) THE IMPLEMENTATION OF THE
REQUIREMENTS FOR COTERMINALITY OF LOCAL SERVICES CONTAINED IN ALL SUBDI-
VISIONS OF SECTION TWENTY-SEVEN HUNDRED FOUR OF THE NEW YORK CITY CHAR-
TER; (B) THE EFFECTIVENESS OF THE PUBLIC INFORMATION AND SERVICE
COMPLAINT PROGRAMS OF THE CITY SCHOOL DISTRICT; AND (C) THE RESPONSIVE-
NESS OF THE CITY SCHOOL DISTRICT TO INDIVIDUAL AND GROUP REQUESTS FOR
DATA OR INFORMATION REGARDING THE CITY SCHOOL DISTRICT'S STRUCTURE,
ACTIVITIES AND OPERATIONS. THE PUBLIC ADVOCATE SHALL SUBMIT ANY REPORTS
DOCUMENTING OR SUMMARIZING SUCH REVIEWS TO THE COUNCIL, MAYOR AND APPRO-
PRIATE AGENCY OR THE CITY SCHOOL DISTRICT AND SHALL INCLUDE IN SUCH
REPORTS HIS OR HER RECOMMENDATIONS FOR ADDRESSING THE PROBLEMS IDENTI-
FIED AND THE FISCAL IMPLICATIONS OF SUCH RECOMMENDATIONS.
4. EXCEPT FOR THOSE MATTERS WHICH INVOLVE CONDUCT WHICH MAY CONSTITUTE
A VIOLATION OF CRIMINAL LAW OR A CONFLICT OF INTEREST, THE PUBLIC ADVO-
CATE SHALL BE AUTHORIZED, AT THE REQUEST OF A RESIDENT, TAXPAYER, COMMU-
NITY BOARD, COUNCIL MEMBER OR BOROUGH PRESIDENT, OR ON HIS OR HER OWN
MOTION, TO INQUIRE INTO ANY ALLEGED FAILURE OF A CITY OFFICER OR THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK TO COMPLY WITH ANY
PROVISION OF THE CHARTER. IF AS A RESULT OF SUCH INQUIRY, THE PUBLIC
ADVOCATE CONCLUDES THAT THERE IS ANY SUBSTANTIAL FAILURE TO COMPLY WITH
ANY PROVISION OF THE CHARTER, HE OR SHE SHALL SUBMIT A PRELIMINARY
REPORT DOCUMENTING THE CONCLUSIONS OF THE INQUIRY TO THE OFFICER OR
OFFICERS AND THE HEAD OF THE CITY SCHOOL DISTRICT INVOLVED WITHIN A
REASONABLE TIME AFTER SUBMITTING SUCH PRELIMINARY REPORT. THE PUBLIC
ADVOCATE SHALL ISSUE A FINAL REPORT TO THE COUNCIL, MAYOR, AND THE CITY
SCHOOL DISTRICT DOCUMENTING THE CONCLUSIONS OF THE INQUIRY.
5. THE PUBLIC ADVOCATE SHALL HAVE TIMELY ACCESS TO THOSE RECORDS AND
DOCUMENTS OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK WHICH THE
PUBLIC ADVOCATE DEEMS NECESSARY TO COMPLETE THE INVESTIGATIONS,
INQUIRIES AND REVIEWS REQUIRED BY THIS SECTION. IF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK DOES NOT COMPLY WITH THE PUBLIC ADVO-
CATE'S REQUEST FOR SUCH RECORDS AND DOCUMENTS, THE PUBLIC ADVOCATE MAY
REQUEST AN APPROPRIATE COMMITTEE OF THE COUNCIL TO REQUIRE THE
PRODUCTION OF SUCH RECORDS AND DOCUMENTS PURSUANT TO SECTION TWENTY-NINE
OF THE NEW YORK CITY CHARTER. THE PROVISIONS OF THIS SUBDIVISION SHALL
NOT APPLY TO THOSE RECORDS AND DOCUMENTS OF THE CITY SCHOOL DISTRICT FOR
WHICH A CLAIM OF PRIVILEGE MAY PROPERLY BE RAISED OR WHICH ARE PREPARED
OR MAINTAINED BY THE DEPARTMENT OF INVESTIGATION FOR USE IN ANY INVESTI-
GATION AUTHORIZED BY CHAPTER THIRTY-FOUR OF THE NEW YORK CITY CHARTER.
6. BEFORE MAKING PUBLIC ANY PORTION OF ANY DRAFT, PRELIMINARY OR FINAL
REPORT RELATING TO THE OPERATIONS OR ACTIVITIES OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK OR A CITY OFFICER OF THE CITY SCHOOL
DISTRICT, THE PUBLIC ADVOCATE SHALL SEND A COPY OF THE DRAFT REPORT TO
THE HEAD OF THE CITY SCHOOL DISTRICT AND ANY SUCH OFFICER DISCUSSED IN
SUCH REPORT AND PROVIDE THE OFFICER AND THE CITY SCHOOL DISTRICT, IN
WRITING, WITH A REASONABLE DEADLINE FOR THEIR REVIEW AND RESPONSE. THE
PUBLIC ADVOCATE SHALL INCLUDE IN ANY REPORT, OR PORTION THEREOF, WHICH
IS MADE PUBLIC A COPY OF ALL SUCH OFFICER AND CITY SCHOOL DISTRICT
RESPONSES.
7. THE ANNUAL REPORT ON THE ACTIVITIES OF HIS OR HER OFFICE PRESENTED
BY THE PUBLIC ADVOCATE TO THE CITY COUNCIL PURSUANT TO SUBDIVISION N OF
A. 8553 14
SECTION TWENTY-FOUR OF THE NEW YORK CITY CHARTER SHALL INCLUDE ANY RELE-
VANT DATA, ANALYSIS, FINDINGS, RECOMMENDATIONS AND CHARTER COMPLIANCE
INFORMATION RELATING TO THE CITY SCHOOL DISTRICT AND ANY OTHER INFORMA-
TION RELATING TO THE CITY SCHOOL DISTRICT DEEMED APPROPRIATE BY THE
PUBLIC ADVOCATE.
S 2590-W. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE,
PROPOSALS SUBJECT TO THIS SECTION SHALL NOT BE ADOPTED BY THE CHANCEL-
LOR, CITY BOARD, OR THE COMMUNITY DISTRICT EDUCATION COUNCILS, AS
DESCRIBED IN THIS ARTICLE, UNLESS THE PUBLIC PROCESS SET FORTH IN THIS
SECTION IS FOLLOWED. ALL PUBLIC HEARINGS PROVIDED FOR IN THIS SECTION
SHALL BE SUBJECT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW UNLESS
OTHERWISE PROVIDED FOR IN THIS SECTION. ALL DECISIONS MADE PURSUANT TO
THIS SECTION SHALL BE DEVELOPED THROUGH A PUBLIC PROCESS IN CONSULTATION
WITH PARENTS OF STUDENTS OR PERSONS IN PARENTAL RELATION TO STUDENTS,
TEACHERS, ADMINISTRATORS, MEMBERS OF COMMUNITY DISTRICT EDUCATION COUN-
CILS AND MEMBERS OF SCHOOL LEADERSHIP TEAMS AND HELD AT A TIME AND PLACE
DESIGNATED TO MAXIMIZE THEIR PARTICIPATION, WHICH SHALL INCLUDE AT LEAST
ONE PUBLIC HEARING. FOR ALL HEARINGS WHICH SUBJECT MATTER AFFECTS THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, AT LEAST ONE PUBLIC HEAR-
ING SHALL BE HELD WITHIN EACH COUNTY OF THE CITY.
1. THE CHANCELLOR, CITY BOARD OR COMMUNITY DISTRICT EDUCATION COUNCIL
SHALL EACH DESIGNATE A HEARING OFFICER WHO SHALL BE RESPONSIBLE FOR THE
IMPLEMENTATION OF THIS SECTION.
2. UNLESS CIRCUMSTANCES REQUIRING EMERGENCY PROCEDURES SUBJECT TO
SUBDIVISION FOURTEEN OF THIS SECTION EXIST, ALL PUBLIC HEARINGS SHALL BE
SCHEDULED AT LEAST SEVEN DAYS PRIOR TO THE HEARING.
3. (A) ALL NOTICES OF PUBLIC HEARINGS SCHEDULED AT LEAST SEVEN DAYS
PRIOR THERETO SHALL BE GIVEN TO THE NEWS MEDIA AND LOCAL PUBLICATIONS
AND SHALL BE CONSPICUOUSLY POSTED IN ONE OR MORE DESIGNATED PUBLIC
LOCATIONS, INCLUDING IN AFFECTED SCHOOLS AND SCHOOL DISTRICT OFFICES, AT
LEAST SEVENTY-TWO HOURS BEFORE SUCH HEARINGS; HOWEVER ALL SUCH NOTICES
SHALL BE PLACED IN THE CITY RECORD OF THE CITY OF NEW YORK AND ON THE
CITY SCHOOL DISTRICT'S WEBSITE AT LEAST SEVEN DAYS PRIOR TO ANY PUBLIC
HEARING.
(B) PUBLIC NOTICE OF THE TIME AND PLACE OF PUBLIC HEARINGS HELD PURSU-
ANT TO SUBDIVISION FOURTEEN OF THIS SECTION SHALL BE GIVEN, TO THE
EXTENT PRACTICABLE, TO THE NEWS MEDIA AND LOCAL PUBLICATIONS AND SHALL
BE CONSPICUOUSLY POSTED IN ONE OR MORE DESIGNATED PUBLIC LOCATIONS,
INCLUDING IN AFFECTED SCHOOLS AND SCHOOL DISTRICT OFFICES AT A REASON-
ABLE TIME PRIOR THERETO.
(C) NOTICES MAY ALSO BE INCLUDED IN SCHOOL DISTRICT MAILINGS AND
DISTRIBUTIONS, OR IN ANY OTHER MANNER UPON INPUT TO THE CHANCELLOR, CITY
BOARD OR COMMUNITY DISTRICT EDUCATION COUNCILS FOR PARENTS, STAFF OR
SCHOOL LEADERSHIP TEAMS TO MAXIMIZE DISTRIBUTION OF SUCH NOTICES.
(D) NOTICES SHALL BE PROVIDED TO: (I) ANY AFFECTED COMMUNITY DISTRICT
EDUCATION COUNCIL OR COUNCILS, SPECIAL EDUCATION COUNCIL OR COUNCILS OR
SCHOOL LEADERSHIP TEAM OR TEAMS; AND (II) THE OFFICES OF THE MEMBERS OF
THE CITY COUNCIL, AND NEW YORK STATE ASSEMBLY AND SENATE WHOSE DISTRICT
CONTAINS A SCHOOL AFFECTED BY ANY PROPOSAL WHICH IS THE SUBJECT MATTER
OF A HEARING, AND TO THE PUBLIC ADVOCATE OF THE CITY OF NEW YORK.
4. FOR ALL PUBLIC HEARINGS WHICH SUBJECT MATTER IMPACTS MORE THAN ONE
COMMUNITY DISTRICT OR SCHOOL, NOTICE SHALL BE PLACED IN RELEVANT
WEBSITES AND SCHOOL OFFICES OF ALL SUCH COMMUNITY DISTRICTS OR SCHOOLS,
AND MEDIA COVERING EACH COMMUNITY DISTRICT OR SCHOOLS.
A. 8553 15
5. ALL NOTICES SHALL BE TRANSLATED INTO THE LANGUAGES OTHER THAN
ENGLISH THAT ARE MOST COMMONLY SPOKEN IN THE COMMUNITY DISTRICT OR
COMMUNITY DISTRICTS AFFECTED BY THE SUBJECT MATTER OF A HEARING.
6. FOR ANY MATTERS RELATED TO ARTICLE EIGHTY-NINE OF THIS CHAPTER OR
THAT AFFECT SPECIAL EDUCATION SERVICES OR STUDENTS WITH DISABILITIES,
NOTICE SHALL BE PROVIDED TO EACH MEMBER OF THE CITY-WIDE COUNCIL ON
SPECIAL EDUCATION.
7. (A) THE HEARING OFFICER SHALL PROVIDE REASONABLE NOTICE TO THE
PUBLIC OF EACH PUBLIC HEARING, AND PUBLIC COMMENT PERIOD, PROVIDED FOR
IN SUBDIVISION THREE OF THIS SECTION. PUBLIC HEARINGS NOTICES MAY
INCLUDE NOTICE OF PUBLIC COMMENT PERIODS OR THE HEARING OFFICER MAY
ELECT TO PROVIDE FOR SEPARATE NOTICE IF THE COMMENT PERIOD BEGINS PRIOR
TO OR AFTER THE PUBLIC HEARING DATE. UPON SUCH ELECTION, PUBLIC COMMENT
NOTICES SHALL BE SENT PURSUANT TO THE SAME REQUIREMENTS AS PROVIDED FOR
PUBLIC HEARING NOTICES.
(B) PUBLIC HEARING AND PUBLIC COMMENT NOTICES SHALL INCLUDE, AT A
MINIMUM:
(I) THE DATE, TIME AND LOCATION OF THE PUBLIC HEARING OR DATE;
(II) A DESCRIPTION OF THE PROCESS FOR SUBMITTING WRITTEN COMMENTS,
INCLUDING, BUT NOT LIMITED TO, THE HEARING OFFICER'S ADDRESS TO WHICH
COMMENTS MAY BE SENT AND THE DATE BY WHICH COMMENTS MUST BE RECEIVED BY
THE HEARING OFFICER;
(III) A GENERAL DESCRIPTION OF THE SUBJECT MATTER OF THE HEARING;
(IV) A DETAILED DESCRIPTION OF ANY PROPOSED MODIFICATIONS, IF APPLICA-
BLE, INCLUDING SUCH IMPACT:
(A) ON A SCHOOL LEVEL;
(B) BY PROGRAM AREA, INCLUDING DETAILS CONCERNING PROPOSED PROGRAM
MODIFICATIONS;
(C) BY STUDENT ACHIEVEMENT PERFORMANCE TARGETS; AND
(D) BY AFFECTED STUDENT POPULATION GROUPINGS, INCLUDING, BUT NOT
LIMITED TO:
(1) STUDENTS WITH LIMITED ENGLISH PROFICIENCY AND STUDENTS WHO ARE
ENGLISH LANGUAGE LEARNERS;
(2) STUDENTS IN POVERTY;
(3) STUDENTS WITH DISABILITIES; AND
(4) STUDENTS WITH LOW ACADEMIC ACHIEVEMENT;
(V) INFORMATION ON WHERE TO OBTAIN A COPY OF THE FULL TEXT OF THE
PROPOSAL OR SUBJECT MATTER OF THE HEARING; AND
(VI) A DESCRIPTION OF THE PUBLIC HEARING PROCESS, INCLUDING THE PROCE-
DURES FOR PARTICIPATION AND SUBMISSION OF COMMENTS.
8. PUBLIC HEARINGS SHALL PROVIDE AN OPPORTUNITY FOR ORAL AND WRITTEN
COMMENTS TO BE SUBMITTED BY ANY INTERESTED PARTY INCLUDING, BUT NOT
LIMITED TO, PARENTS OF STUDENTS OR PERSONS IN PARENTAL RELATION TO
STUDENTS, TEACHERS, ADMINISTRATORS, MEMBERS OF THE COMMUNITY DISTRICT
EDUCATION COUNCILS OR SCHOOL LEADERSHIP TEAMS, AND ANY DISTINGUISHED
EDUCATOR APPOINTED PURSUANT TO SECTION TWO HUNDRED ELEVEN-C OF THIS
CHAPTER.
9. (A) EXCEPT AS OTHERWISE PROVIDED FOR BY LAW, THERE SHALL BE A THIR-
TY DAY PERIOD FOR RECEIPT OF WRITTEN PUBLIC COMMENT ON EACH ISSUE
PROPOSED FOR ADOPTION AND THE SUBJECT MATTER OF A HEARING.
(B) AN EXPEDITED COMMENT AND ASSESSMENT PERIOD, SHALL BE REQUIRED
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TEN OF THIS SECTION AND SHALL
BE DEFINED AS A TEN DAY PERIOD FOR RECEIPT OF WRITTEN PUBLIC COMMENT,
AND A SEVEN DAY PERIOD BY THE HEARING OFFICER'S ASSESSMENT AS PROVIDED
FOR IN SUBDIVISION TEN OF THIS SECTION.
A. 8553 16
10. (A) EACH HEARING OFFICER SHALL PREPARE, AND MAKE AVAILABLE UPON
REQUEST, A RECORD OF PUBLIC COMMENT RECEIVED, INCLUDING EACH WRITTEN
COMMENT RECEIVED AND THE TRANSCRIPT OF ORAL COMMENTS PRESENTED AT ANY
PUBLIC HEARING HELD PURSUANT TO THIS SUBDIVISION.
(B) ANY TRANSCRIPT OF THE TESTIMONY PRESENTED AT ALL PUBLIC HEARINGS
PROVIDED BY THE HEARING OFFICER SHALL BE MADE AVAILABLE UPON REQUEST AT
LEAST SEVEN DAYS PRIOR TO THE ACTUAL VOTE OF THE CITY BOARD OR COMMUNITY
DISTRICT EDUCATION COUNCIL FOR SUCH PROPOSAL.
(C) NOT LATER THAN TWELVE DAYS, OR SEVEN DAYS FOR AN EXPEDITED COMMENT
AND ASSESSMENT PERIOD, AFTER EXPIRATION OF THE PUBLIC COMMENT PERIOD OR
CONCLUSION OF PUBLIC HEARINGS, WHICHEVER OCCURS LATER, THE HEARING OFFI-
CER SHALL PREPARE A PUBLIC COMMENT ASSESSMENT, BASED UPON ANY WRITTEN
COMMENTS SUBMITTED TO THE HEARING OFFICER AND ANY ORAL COMMENTS
PRESENTED AT ANY PUBLIC HEARING HELD PURSUANT TO THIS SUBDIVISION. (I)
THE PUBLIC COMMENT ASSESSMENT SHALL CONTAIN:
(A) A SUMMARY OF THE SUBSTANCE OF THE COMMENTS RECEIVED, GROUPED BY
SUBJECT MATTER; AND
(B) THE RESPONSE TO EACH SUBSTANTIVE COMMENT, INCLUDING A STATEMENT OF
ANY CHANGES MADE TO THE PROPOSAL AS A RESULT OF SUCH COMMENT, OR AN
EXPLANATION OF WHY THE COMMENT'S SUGGESTIONS WERE NOT INCORPORATED INTO
THE PROPOSAL.
(II) THE PUBLIC COMMENT ASSESSMENT SHALL BE POSTED ON A SCHOOL
DISTRICT WEBSITE AND OTHERWISE MADE AVAILABLE UPON REQUEST.
11. (A) THE SCHOOL DISTRICT OR COMMUNITY DISTRICT EDUCATION COUNCIL
SHALL NOT ADOPT ANY PROPOSAL FOR APPROVAL PURSUANT TO THIS SECTION UNTIL
AFTER: (I) THE THIRTY DAY PUBLIC COMMENT PERIOD HAS ENDED; (II) ALL
PUBLIC HEARINGS HAVE BEEN CONDUCTED; (III) THE PUBLIC COMMENT RECORD HAS
BEEN PREPARED; AND (IV) THE PUBLIC COMMENT ASSESSMENT HAS BEEN PREPARED
AND POSTED ON A SCHOOL DISTRICT WEBSITE.
(B) THE SCHOOL DISTRICT OR COMMUNITY DISTRICT EDUCATION COUNCIL SHALL
POST WITHIN FORTY-EIGHT HOURS OF ANY FINALIZED VOTE, ON ITS WEBSITE, THE
FULL TEXT OF ALL ADOPTED PROPOSALS SUBJECT TO THIS SECTION.
12. THE CHANCELLOR SHALL PROMULGATE REGULATIONS THAT ASSURE THAT
PROCEDURES ARE IN PLACE BY WHICH PARENTS OF STUDENTS OR PERSONS IN
PARENTAL RELATION TO STUDENTS, THE COMMUNITY DISTRICT EDUCATION COUN-
CILS, SCHOOL LEADERSHIP TEAMS, OR ANY OTHER MEMBER OF THE PUBLIC MAY
BRING COMPLAINTS CONCERNING IMPLEMENTATION OF THIS SECTION.
(A) SUCH PROCEDURES SHALL PROVIDE THAT COMPLAINTS RELATED TO OPER-
ATIONS OF THE COMMUNITY DISTRICT EDUCATION COUNCILS MAY BE FILED WITH
THE COMMUNITY SUPERINTENDENT, AND THAT APPEAL OF THE DETERMINATION OF A
COMMUNITY SUPERINTENDENT SHALL BE MADE TO THE CHANCELLOR.
(B) THE DETERMINATION OF THE CHANCELLOR MAY BE APPEALED TO THE COMMIS-
SIONER.
(C) SUCH PROCEDURES SHALL PROVIDE THAT COMPLAINTS RELATED TO OPER-
ATIONS OF THE CHANCELLOR MAY BE FILED WITH THE CITY BOARD.
(D) SUCH PROCEDURES SHALL PROVIDE THAT COMPLAINTS RELATED TO OPER-
ATIONS OF THE CITY BOARD MAY BE FILED WITH THE STATE COMMISSIONER.
13. IN ADDITION TO THE COMPLAINT PROCEDURES ESTABLISHED BY THE CITY
SCHOOL DISTRICT PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, THE CITY
SCHOOL DISTRICT SHALL ALSO COMPLY WITH THE FOLLOWING:
(A) THE SCHOOL DISTRICT SHALL DEVELOP A COMPLAINT FORM, WHICH SHALL
ALSO INCLUDE INSTRUCTIONS FOR ITS USE, WHICH SHALL BE WRITTEN TO THE
EXTENT PRACTICABLE IN PLAIN LANGUAGE AND ORGANIZED IN A MANNER WHICH
BEST PROMOTES PUBLIC COMPREHENSION OF THE CONTENTS. THE COMPLAINT FORM
SHALL SPECIFY THE LOCATION OR LOCATIONS WHERE A COMPLAINT MAY BE FILED
AND THE DEADLINE FOR FILING A COMPLAINT. A SCHOOL DISTRICT SHALL ALSO
A. 8553 17
PROVIDE TRANSLATIONS OF THE COMPLAINT FORM INTO THE LANGUAGES OTHER THAN
ENGLISH THAT ARE MOST COMMONLY SPOKEN IN THE SCHOOL DISTRICT.
(B) USE OF THE COMPLAINT FORM IS RECOMMENDED, BUT SHALL NOT BE DEEMED
MANDATORY, FOR PURPOSES OF BRINGING A COMPLAINT PURSUANT TO THIS SUBDI-
VISION. A SCHOOL DISTRICT OR THE COMMISSIONER SHALL ACCEPT A COMPLAINT
THAT SUBSTANTIALLY COMPLIES WITH THE SCHOOL DISTRICT'S COMPLAINT PROCE-
DURES AND THE PROVISIONS OF THIS SUBDIVISION.
(C) THE CITY SCHOOL DISTRICT SHALL PROVIDE REASONABLE NOTICE OF THE
FOLLOWING:
(I) THE PROCEDURES FOR BRINGING A COMPLAINT CONCERNING IMPLEMENTATION
OF THE PROPOSAL;
(II) THE LOCATION OR LOCATIONS WHERE A COMPLAINT FORM MAY BE OBTAINED;
(III) THE LOCATION OR LOCATIONS WHERE A COMPLAINT MAY BE FILED; AND
(IV) THE DEADLINE FOR FILING A COMPLAINT.
(D) THE CITY SCHOOL DISTRICT SHALL PROVIDE TRANSLATIONS OF THE NOTICE
OF COMPLAINT PROCEDURES INTO THE LANGUAGES OTHER THAN ENGLISH THAT ARE
MOST COMMONLY SPOKEN IN THE SCHOOL DISTRICT.
(E) THE CITY SCHOOL DISTRICT SHALL POST, AND MAKE AVAILABLE FOR DOWN-
LOADING, ITS NOTICE OF COMPLAINT PROCEDURES AND COMPLAINT FORM ON A CITY
SCHOOL DISTRICT WEBSITE AND SHALL MAKE COPIES OF THE COMPLAINT NOTICE
AND COMPLAINT FORM AVAILABLE IN SCHOOLS AND SCHOOL DISTRICT OFFICES. A
SCHOOL DISTRICT MAY ALSO USE ADDITIONAL METHODS TO PROVIDE NOTICE,
INCLUDING, BUT NOT LIMITED TO, COPIES OF THE COMPLAINT NOTICE AND
COMPLAINT FORM IN SCHOOL DISTRICT MAILINGS AND DISTRIBUTIONS.
(F) (I) A COMPLAINT SHALL BE COMMENCED WITHIN THE TIME PERIOD ESTAB-
LISHED BY THE SCHOOL DISTRICT OR STATE COMMISSIONER. SUCH TIME PERIOD
SHALL PROVIDE FOR THE COMMENCEMENT OF A COMPLAINT WITHIN A REASONABLE,
SPECIFIED NUMBER OF DAYS, AS DETERMINED BY THE SCHOOL DISTRICT OR THE
COMMISSIONER, FROM THE MAKING OF THE DECISION OR THE PERFORMANCE OF THE
ACT COMPLAINED OF, AND SHALL INCLUDE A PROVISION AUTHORIZING THE SCHOOL
DISTRICT TO EXCUSE A FAILURE TO COMMENCE AN APPEAL WITHIN THE TIME SPEC-
IFIED FOR GOOD CAUSE SHOWN.
(II) THE COMMUNITY SUPERINTENDENT OR SUPERINTENDENT, CHANCELLOR, CITY
BOARD OR STATE COMMISSIONER, AS APPLICABLE, SHALL MAKE REASONABLE
EFFORTS TO INVESTIGATE A COMPLAINT, AND SHALL NOTIFY THE COMPLAINANT IN
WRITING OF HIS OR HER COMPLAINT DETERMINATION AND THE BASIS FOR SUCH
DETERMINATION WITHIN THIRTY DAYS FROM THE DATE OF RECEIPT OF THE
COMPLAINT. THE WRITTEN NOTIFICATION SHALL ALSO PROVIDE AN EXPLANATION OF
THE PROCEDURES FOR APPEALING THE COMPLAINT DETERMINATION.
(III) IF THE COMPLAINANT APPEALS THE COMPLAINT DETERMINATION OF A
SUPERINTENDENT OR COMMUNITY SUPERINTENDENT, THE CHANCELLOR, CITY BOARD
OR STATE COMMISSIONER, SHALL NOTIFY THE COMPLAINANT IN WRITING OF HIS OR
HER APPEAL DETERMINATION AND THE BASIS FOR SUCH DETERMINATION WITHIN
THIRTY DAYS FROM THE DATE OF RECEIPT OF THE APPEAL.
(IV) APPEALS OF DETERMINATIONS PURSUANT TO SUBPARAGRAPHS (II) AND
(III) OF THIS PARAGRAPH SHALL BE COMMENCED WITHIN THE TIME PERIODS FOR
SUCH APPEALS AS ESTABLISHED BY THE CITY SCHOOL DISTRICT. IN THE EVENT
THE COMPLAINANT DOES NOT RECEIVE THE WRITTEN NOTIFICATION OF DETERMI-
NATION SPECIFIED IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH WITH-
IN THIRTY-FIVE DAYS FROM THE DATE THE SCHOOL DISTRICT RECEIVED THE
COMPLAINT, THE COMPLAINANT MAY DEEM THE FAILURE TO PROVIDE SUCH NOTIFI-
CATION AS AN UNSATISFACTORY DETERMINATION AND MAY COMMENCE AN APPEAL TO
THE SUPERINTENDENT OR COMMUNITY SUPERINTENDENT, OR TO THE CHANCELLOR OR
CITY BOARD OR STATE COMMISSIONER AS APPLICABLE, WITHIN THE TIME PERIOD
FOR SUCH APPEALS AS ESTABLISHED BY THE CITY SCHOOL DISTRICT.
A. 8553 18
14. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE CITY
SCHOOL DISTRICT OR COMMUNITY DISTRICT EDUCATION COUNCILS MAY ADOPT
PROPOSALS SUBJECT TO THIS SECTION PRIOR TO THE NOTICE AND COMMENT OTHER-
WISE REQUIRED BY THIS SECTION IF THE IMMEDIATE EFFECTIVENESS OF SUCH
PROPOSAL IS NECESSARY TO ADDRESS AN IMMINENT THREAT TO HEALTH, SAFETY,
PROPERTY OR A NECESSARY SERVICE. A FINDING OF SUCH IMMINENT THREAT AND
THE SPECIFIC REASONS FOR THE FINDING MUST BE MADE IN WRITING BY THE CITY
SCHOOL DISTRICT OR COMMUNITY DISTRICT EDUCATION COUNCIL ADOPTING SUCH
PROPOSAL AND SHALL BE APPROVED BY THE CITY BOARD BEFORE SUCH PROPOSAL
MAY BE MADE EFFECTIVE. THE ADOPTED PROPOSAL AND ACCOMPANYING FINDING
SHALL BE MADE PUBLIC FORTHWITH AND SHALL BE PUBLISHED IN THE CITY RECORD
AS SOON AS PRACTICABLE, AND POSTED ON THE SCHOOL DISTRICT'S WEBSITE
WITHIN FORTY-EIGHT HOURS OF ADOPTION.
(B) A PROPOSAL ADOPTED ON AN EMERGENCY BASIS SHALL NOT REMAIN IN
EFFECT FOR LONGER THAN SIXTY DAYS UNLESS THE SCHOOL DISTRICT HAS INITI-
ATED NOTICE AND COMMENT OTHERWISE REQUIRED BY THIS SECTION WITHIN SUCH
SIXTY DAY PERIOD AND PUBLISHES WITH SUCH NOTICE A STATEMENT THAT AN
EXTENSION OF SUCH RULE ON AN EMERGENCY BASIS IS NECESSARY FOR AN ADDI-
TIONAL SIXTY DAYS TO AFFORD AN OPPORTUNITY FOR NOTICE AND COMMENT AND TO
ADOPT A FINAL PROPOSAL AS REQUIRED BY THIS SECTION; PROVIDED THAT NO
FURTHER SUCH FINDING OF AN EMERGENCY MAY BE MADE WITH RESPECT TO THE
SAME OR A SUBSTANTIALLY SIMILAR PROPOSAL.
S 17. Subdivisions b and c of section 259 of the New York city char-
ter, as added by a vote of the people of the city of New York at the
general election held in November of 1989, are amended to read as
follows:
b. The appropriations available to pay for the expenses of the inde-
pendent budget office during each fiscal year shall not be less than
[ten] FIFTEEN percentum of the appropriations available to pay for the
expenses of the office of management and budget during such fiscal year.
The director shall appoint such personnel and procure the services of
such experts and consultants, within the appropriations available there-
for, as may be necessary for the director to carry out the duties and
functions assigned herein. Such personnel and experts shall perform
such duties as may be assigned to them by the director.
c. The director shall be authorized to secure such information, data,
estimates and statistics from the agencies of the city AND THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK as the director determines to be
necessary for the performance of the functions and duties of the office,
and such agencies AND THE CITY SCHOOL DISTRICT shall provide such infor-
mation[, to the extent that it is available,] in a timely fashion AND IN
THE FORMAT REQUESTED BY THE DIRECTOR, INCLUDING GENERATING INFORMATION
MAINTAINED ELECTRONICALLY. The director shall not be entitled to obtain
records which are protected by the privileges for attorney-client commu-
nications, attorney work product, and material prepared for litigation.
S 18. Subdivision d of section 260 of the New York city charter is
redesignated subdivision e and a new subdivision d is added to read as
follows:
D. THE DIRECTOR SHALL PUBLISH ANNUALLY REPORTS THAT PROVIDE INFORMA-
TION, DATA AND ANALYSIS FOR THE CITY DISTRICT RELATING TO THE FOLLOWING
SUBJECTS: (1) CLASS SIZES AND THEIR DISTRIBUTION; (2) SCHOOL OVERCROWD-
ING AND ITS DISTRIBUTION; (3) STATUS OF THE FIVE-YEAR EDUCATIONAL FACIL-
ITIES CAPITAL PLAN; (4) OPERATIONAL AND CAPITAL BUDGET FUNDS RECEIVED
AND EXPENDED IN CONNECTION WITH THE MAJOR FUNCTIONS OF THE CITY
DISTRICT; (5) HEADCOUNT OF THE CITY DISTRICT DISAGGREGATED BY FUNCTION
AND OFFICE; (6) GRADUATION RATES AND TRENDS; AND (7) TEST RESULTS AND
A. 8553 19
PROGRESS ASSESSMENTS AND TRENDS. IN ADDITION, THE OFFICE SHALL FROM TIME
TO TIME PUBLISH REPORTS RELATING TO THE CITY DISTRICT AS MAY BE APPRO-
PRIATE TO ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING OF THE BUDGETARY
PROCESS AND MATTERS RELATING TO REVENUES, EXPENDITURES, FINANCIAL
MANAGEMENT PRACTICES AND RELATED MATTERS.
S 19. Subdivisions f, g, h, i, j, l and n of section 24 of the New
York city charter, as amended by local law number 19 of the city of New
York for the year 1993, are amended to read as follows:
f. In addition to other duties and responsibilities, the public advo-
cate shall serve as the public advocate and shall (1) monitor the opera-
tion of the public information and service complaint programs of city
agencies AND THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK and make
proposals to improve such programs; (2) review complaints of a recurring
and multiborough or city-wide nature relating to services and programs,
and make proposals to improve the [city's] response OF THE CITY AND THE
CITY SCHOOL DISTRICT to such complaints; (3) receive individual
complaints concerning [city] services PROVIDED BY THE CITY AND THE CITY
SCHOOL DISTRICT and other administrative actions of city agencies AND
THE CITY SCHOOL DISTRICT; and (4) investigate and otherwise attempt to
resolve such individual complaints except for those which (i) another
city agency OR THE CITY SCHOOL DISTRICT is required by law to adjudi-
cate, (ii) may be resolved through a grievance mechanism established by
collective bargaining agreement or contract, or (iii) involve allega-
tions of conduct which may constitute a violation of criminal law or a
conflict of interest. If the public advocate receives a complaint which
is subject to a procedure described in items (i) or (ii) of this para-
graph, the public advocate shall advise the complainant of the appropri-
ate procedure for the resolution of such complaint. If the public advo-
cate receives a complaint of the type described in item (iii) of this
paragraph, the public advocate shall promptly refer the matter in
accordance with subdivision k of this section.
g. The public advocate shall establish procedures for receiving and
processing complaints, responding to complainants, conducting investi-
gations, and reporting findings, and shall inform the public about such
procedures. Upon an initial determination that a complaint may be valid,
the public advocate shall refer it to the appropriate agency OR THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK. If such agency OR THE CITY
SCHOOL DISTRICT does not resolve the complaint within a reasonable time,
the public advocate may conduct an investigation and make specific
recommendations to the agency OR THE CITY SCHOOL DISTRICT for resolution
of the complaint. If, within a reasonable time after the public advocate
has completed an investigation and submitted recommendations to an agen-
cy OR THE CITY SCHOOL DISTRICT, such agency OR THE CITY SCHOOL DISTRICT
has failed to respond in a satisfactory manner to the recommendations,
the public advocate may issue a report to the council and the mayor.
Such report shall describe the conclusions of the investigation and make
such recommendations for administrative, legislative, or budgetary
action, together with their fiscal implications, as the public advocate
deems necessary to resolve the individual complaint or complaints or to
address the underlying problems discovered in the investigation.
h. In addition to other duties and responsibilities, the public advo-
cate may review the programs of city agencies AND THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK. Such reviews shall include, but not
be limited to, annual evaluations of: (1) the implementation of the
requirements for coterminality of local services contained in all subdi-
visions of section twenty seven hundred four; (2) the effectiveness of
A. 8553 20
the public information and service complaint programs of city agencies
AND THE CITY SCHOOL DISTRICT; and (3) the responsiveness of city agen-
cies AND THE CITY SCHOOL DISTRICT to individual and group requests for
data or information regarding the agencies' AND THE CITY SCHOOL
DISTRICT'S structure, activities and operations. The public advocate
shall submit any reports documenting or summarizing such reviews to the
council, mayor and appropriate agency OR THE CITY SCHOOL DISTRICT and
shall include in such reports his or her recommendations for addressing
the problems identified and the fiscal implications of such recommenda-
tions.
i. Except for those matters which involve conduct which may constitute
a violation of criminal law or a conflict of interest, the public advo-
cate may, on the request of a resident, taxpayer, community board, coun-
cil member or borough president, or on his or her own motion, inquire
into any alleged failure of a city officer or agency OR THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK to comply with any provision of the
charter. If as a result of such inquiry, the public advocate concludes
that there is any substantial failure to comply with any provision of
the charter, he or she shall submit a preliminary report documenting the
conclusions of the inquiry to the officer or officers and the head of
each agency OR THE CITY SCHOOL DISTRICT involved. Within a reasonable
time after submitting such preliminary report, the public advocate shall
issue a final report to the council, mayor, and agency OR THE CITY
SCHOOL DISTRICT documenting the conclusions of the inquiry.
j. The public advocate shall have timely access to those records and
documents of city agencies AND THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW YORK which the public advocate deems necessary to complete the
investigations, inquiries and reviews required by this section. If a
city agency OR THE CITY SCHOOL DISTRICT does not comply with the public
advocate's request for such records and documents, the public advocate
may request an appropriate committee of the council to require the
production of such records and documents pursuant to section twenty-nine
of the charter. The provisions of this subdivision shall not apply to
those records and documents of city agencies OR THE CITY SCHOOL DISTRICT
for which a claim of privilege may properly be raised or which are
prepared or maintained by the department of investigation for use in any
investigation authorized by chapter thirty-four of the charter.
l. Before making public any portion of any draft, preliminary or final
report relating to the operations or activities of a city officer or
agency OR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, the public
advocate shall send a copy of the draft report to any such officer, and
to the head of any agency OR THE CITY SCHOOL DISTRICT, discussed in such
report and provide the officer and agency OR THE CITY SCHOOL DISTRICT,
in writing, with a reasonable deadline for their review and response.
The public advocate shall include in any report, or portion thereof,
which is made public a copy of all such officer and agency OR CITY
SCHOOL DISTRICT responses.
n. Not later than the thirty-first day of October of each year, the
public advocate shall present to the council a report on the activities
of the office during the preceding fiscal year. The report shall
include: (1) a statistical summary of the complaints received during
such fiscal year, categorized by agency AND THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK, type of complaint, agency OR THE CITY SCHOOL
DISTRICT response, mode of resolution, and such other factors as the
public advocate deems appropriate; (2) an analysis of recurring
complaints and the public advocate's recommendations for administrative,
A. 8553 21
legislative or budgetary actions to resolve the underlying problems
causing the complaints; (3) a summary of the findings and recommenda-
tions of the agency OR THE CITY SCHOOL DISTRICT program reviews
conducted during the fiscal year and a summary of the agency OR THE CITY
SCHOOL DISTRICT responses to such findings and recommendations; (4) a
summary of the charter requirements which, in the opinion of the public
advocate are not being implemented by the city agencies OR THE CITY
SCHOOL DISTRICT and officers subject to them, including a description of
the nature and extent of the failure to comply and a summary of the
responses of the agencies OR THE CITY SCHOOL DISTRICT or officers to the
public advocate's conclusions; and (5) a summary of improvements in
charter compliance since the public advocate's last annual report. The
public advocate shall include an assessment of the fiscal implications
of any recommendations presented in this report.
S 20. Subdivision 36 of section 2590-h of the education law is
REPEALED.
S 21. Section 34 of chapter 91 of the laws of 2002, amending the
education law and other laws relating to the reorganization of the New
York city school construction authority, board of education and communi-
ty boards, as amended by chapter 123 of the laws of 2003, is amended to
read as follows:
S 34. This act shall take effect July 1, [2002] 2016; provided, that
sections one, THREE, FIVE through twenty, twenty-four, and twenty-six
through thirty of this act shall expire and be deemed repealed June 30,
2009; provided, further, that notwithstanding any provision of article 5
of the general construction law, on June 30, 2009 the provisions of
subdivisions 3, 5, and 8, paragraph b of subdivision 13, subdivision 14,
paragraphs b, d, and e of subdivision 15, and subdivisions 17 and 21 of
section 2554 of the education law as repealed by section three of this
act, subdivision 1 of section 2590-b of the education law as repealed by
section six of this act, paragraph (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of this
act, subdivision 28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h of the education law as repealed by
section thirty of this act shall be revived and be read as such
provisions existed in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and eight
of this act shall take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
S 22. This act shall take effect immediately; provided, however, that:
(1) the amendments to subdivision 1 of section 2590-b of the education
law made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to repeal therewith;
(2) the amendments to subdivision two of section 2590-b of the educa-
tion law made by section two of this act shall not affect the expiration
of such subdivision and shall be deemed to expire therewith;
A. 8553 22
(3) the amendments to subdivisions 4 and 7 and paragraph (e) of subdi-
vision 8 of section 2590-c of the education law made by section three of
this act shall not affect the repeal of such section and shall be deemed
to be repealed therewith;
(4) the amendments to subdivision 1 and the opening paragraph of
subdivision 2 of section 2590-d of the education law made by section
four of this act shall not affect the expiration of such subdivision and
paragraph and shall be deemed to expire therewith;
(5) the amendments to subdivisions 8, 14, 17 and 18 of section 2590-e
of the education law made by section five of this act shall not affect
the expiration or repeal of such subdivisions and shall be deemed to
expire or repeal respectively, therewith;
(6) the amendments to the opening paragraph and subdivision 5 of
section 2590-g of the education law made by section seven of this act
shall not affect the expiration of such section and shall be deemed to
expire therewith;
(7) the amendments to subdivisions 2, 9 and 15 of section 2590-h of
the education law made by section eight of this act shall not affect the
expiration of such subdivisions and shall be deemed to expire therewith;
(8) the amendments to paragraph b of subdivision 3, paragraph a of
subdivision 5 and paragraph c of subdivision 6 of section 2590-p of the
education law, made by sections eleven, twelve and thirteen of this act
shall not affect the expiration or repeal of such provisions and shall
be deemed to expire or repeal, respectively, therewith; and
(9) the amendments to section 2590-q of the education law, made by
section fourteen of this act shall not affect the expiration or repeal
of such provisions and shall be deemed to expire or repeal therewith.