S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8553

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2009
                               ___________

Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law and the  New  York  city  charter,  in
  relation   to   the   reorganization  of  the  New  York  city  school
  construction authority, board of education and community  boards;  and
  to repeal subdivision 36 of section 2590-h of the education law relat-
  ing to certain powers and duties of the chancellor; and to amend chap-
  ter  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 community boards, in
  relation to extending certain provisions of such chapter

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  1 of section 2590-b of the education law, as
added by chapter 91 of the laws of 2002, is amended to read as follows:
  1.  (a) The board of education of the city school district of the city
of New York is hereby continued. Such board of education  shall  consist
of  thirteen  members: one member to be appointed by each borough presi-
dent of the city of New York; seven members to be appointed by the mayor
of the city of New York; and the chancellor. The chancellor shall  serve
as AN EX-OFFICIO, NON-VOTING MEMBER AND SHALL ATTEND ALL MEETINGS EXCEPT
EXECUTIVE  SESSIONS CONDUCTED BY THE CITY BOARD. THE BOARD BY A MAJORITY
VOTE SHALL ELECT FROM ITS VOTING MEMBERS the  chairperson  of  the  city
board FOR A TERM OF FOUR YEARS. All twelve appointed members shall serve
[at the pleasure] A TERM COTERMINOUS WITH THAT of the appointing author-
ity,  SHALL BE SUBJECT TO REMOVAL FOR CAUSE and shall not be employed in
any capacity by the city of New York, or a subdivision thereof,  or  the
city  board.  Each  borough president's appointee shall be a resident of
the borough for which the borough president appointing him  or  her  was
elected  and  shall  be  the parent of a child attending a public school
within the city school district of the city of New  York.  Each  mayoral

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14095-01-9
              

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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.

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  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-

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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.