| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 06, 2010 |
referred to education |
| Jun 01, 2009 |
referred to education |
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Senate Bill S5719
2009-2010 Legislative Session
Continues the New York city community school district system; repealer
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
2009-S5719 (ACTIVE) - Details
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Rpld & add Art 52-A ยงยง2590 - 2590-u, Ed L
2009-S5719 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5719 REVISED 06/02/09
TITLE OF BILL :
An act to amend the education law, in relation to the continuation of
the New York city community school district system; and to repeal
certain provisions of the education law relating thereto
PURPOSE :
To amend the education law in relation to establishing procedures and
policies for education related matters, establishing a board of
educational policy.
SUMMARY OF PROVISIONS :
This bill establishes a 13 member Board of Educational Policy; 5
Mayoral, One each B.P., One City Council Speaker. NYC Comptroller, 1
Public Advocate. Five year staggered terms. All meetings open to
public. At least one meeting per month.
Board of Education to be run as a City agency for procurement, payment
and contract purposes.
Approval of Budget and major expenditures by the Board is required.
Enacts school based budgeting with the principals of the schools in consultation with the PTA's, through public meetings, develop the budget. Audit of the system by the City Comptroller. Commissioner of Education appoints Borough Superintendents who must be residents of the Borough. Borough Superintendents appoint district superintendents, in consultation with the Commissioner, from list of four candidates approved by District Board. Borough Superintendents must consult with the respective Borough President on educational policy, staff, and performance of the district councils. Commissioner appointed by Mayor, five year term, ex-officio on City Board. All powers and duties are subject to law and the commissioner can be removed for failure to follow law. Commissioner and all superintendents must hold valid Superintendent license. District Board elected from each school by PTA. Must be a parent to be a member of the Board. Staggered terms. All meetings of District Board open to public. Establishes Independent Budget Office for Independent Audit of School Budget. Requires Commissioner and all Superintendents to cooperate with IBO. District Superintendents must be appointed pursuant to the original Circular 30 on Appointments of Superintendents. JUSTIFICATION : The law adopted in 2002 and 2003 governing the New York City School System expires June 30 2009. Without legislative action, the prior system of governance will be reenacted, a system that was shown over the course of 35 years to be inefficient and unworkable. The current system however, has limited community involvement and has over centralized the system as well as being non responsive to the parents of children attending New York City schools. This legislation will let all constituencies participate in the process of school governance, while assuring a strong Commissioner of Education and that schools in the City of New York will improve their performance. LEGISLATIVE HISTORY : This is new legislation. FISCAL IMPLICATIONS : None to the State. LOCAL FISCAL IMPLICATIONS : Minimal. EFFECTIVE DATE : June 30, 2009
2009-S5719 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5719
2009-2010 Regular Sessions
I N S E N A T E
June 1, 2009
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the continuation of
the New York city community school district system; and to repeal
certain provisions of the education law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Article 52-a of the education law is REPEALED and a new
article 52-a is added to read as follows:
ARTICLE 52-A
NEW YORK CITY COMMUNITY SCHOOL DISTRICT SYSTEM
SECTION 2590. APPLICATION OF ARTICLE.
2590-A. DEFINITIONS.
2590-B. CREATION OF CITY BOARD OF EDUCATIONAL POLICY AND ESTAB-
LISHMENT OF COMMUNITY DISTRICTS; ESTABLISHMENT OF THE
CITY-WIDE COUNCIL ON SPECIAL EDUCATION.
2590-C. POWERS AND DUTIES OF THE COMMISSIONER.
2590-D. BOROUGH AND COMMUNITY SCHOOL DISTRICTS.
2590-E. BY-LAWS; REGULATIONS AND DECISIONS.
2590-F. POWERS AND DUTIES OF COMMUNITY BOARDS.
2590-G. POWERS AND DUTIES OF THE CITY BOARD OF EDUCATIONAL POLI-
CY.
2590-H. COMPOSITION OF COMMUNITY DISTRICT EDUCATION COUNCIL.
2590-I. POWERS AND DUTIES OF SCHOOLS; PRINCIPALS; PROVISIONS FOR
THE TRANSFER OF JURISDICTION OF HIGH SCHOOLS.
2590-J. APPOINTMENT AND REMOVAL OF PERSONS IN THE TEACHING AND
SUPERVISORY SERVICE.
2590-K. CONTRACTS WITH CITY UNIVERSITY OF NEW YORK FOR ADMINIS-
TRATION OF HIGH SCHOOLS.
2590-L. ENFORCEMENT OF APPLICABLE LAW, REGULATIONS AND DIREC-
TIVES; ESTABLISHMENT OF APPEAL BOARD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14032-02-9
S. 5719 2
2590-M. CUSTODY AND DISBURSEMENT OF FUNDS.
2590-N. CONFLICTS OF INTEREST.
2590-O. NEUTRALITY OF SCHOOL EMPLOYEES IN COMMUNITY BOARD
ELECTIONS.
2590-P. EDUCATIONAL FACILITIES CAPITAL PLAN.
2590-Q. BUDGETARY AND FISCAL PROCESSES.
2590-R. SCHOOL BASED BUDGETING AND EXPENDITURE REPORTING.
2590-S. PROMPT PAYMENT OF SALARIES.
2590-T. EDUCATIONAL FACILITIES MASTER PLAN.
2590-U. COMMUNITY DISTRICT EDUCATION COUNCIL COMMITTEES; ESTAB-
LISHED.
S 2590. APPLICATION OF ARTICLE. THIS ARTICLE SHALL APPLY TO THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK.
S 2590-A. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL MEAN:
1. CITY DISTRICT. THE TERM "CITY DISTRICT" SHALL MEAN THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK.
2. COMMUNITY DISTRICT. THE TERM "COMMUNITY DISTRICT" SHALL MEAN A
COMMUNITY SCHOOL DISTRICT CREATED OR TO BE CREATED WITHIN THE CITY
DISTRICT UNDER THE PROVISIONS OF THIS ARTICLE.
3. CITY BOARD. THE TERM "CITY BOARD" SHALL MEAN THE BOARD OF EDUCA-
TIONAL POLICY OF THE CITY DISTRICT.
4. COMMUNITY BOARD. THE TERM "COMMUNITY BOARD" SHALL MEAN THE BOARD OF
EDUCATIONAL POLICY OF A COMMUNITY DISTRICT.
5. COMMISSIONER. THE TERM "COMMISSIONER" SHALL MEAN THE CHIEF EXECU-
TIVE OFFICER OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK.
6. COMMUNITY SUPERINTENDENT. THE TERM "COMMUNITY SUPERINTENDENT" SHALL
MEAN THE SUPERINTENDENT OF SCHOOLS OF A COMMUNITY DISTRICT.
7. PARENT. THE TERM "PARENT" SHALL MEAN A PERSON IN PARENTAL RELATION
TO A CHILD, AS THAT PHRASE IS DEFINED IN SUBDIVISION TEN OF SECTION TWO
OF THIS CHAPTER.
8. EDUCATIONAL FACILITIES. THE TERM "EDUCATIONAL FACILITIES" SHALL
MEAN LAND AND THE IMPROVEMENTS THEREON FOR USE IN CONNECTION WITH ANY
EDUCATIONAL ACTIVITY TO BE UNDERTAKEN OR PROVIDED BY THE CITY BOARD OR
ANY COMMUNITY SCHOOL BOARD OR ANY FACILITY ATTENDANT THERETO OR ANY
FACILITY NECESSARY, USEFUL OR DESIRABLE IN CONNECTION WITH SUCH ACTIV-
ITY.
9. PROJECT. THE TERM "PROJECT" SHALL MEAN, WITH RESPECT TO AN EDUCA-
TIONAL FACILITIES CAPITAL PLAN, (A) THE PERFORMANCE, AT A SPECIFIED
EDUCATIONAL FACILITY, OF ONE OR MORE PROGRAM ELEMENTS, AS DEFINED IN
PARAGRAPH A, B, C OR D OF SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED
NINETY-P OF THIS ARTICLE; OR (B) THE PERFORMANCE OF THE PROGRAM ELEMENTS
DEFINED IN PARAGRAPHS F AND G OF SUCH SUBDIVISION OR ANY SYSTEM REPLACE-
MENT IDENTIFIED IN PARAGRAPH E OF SUCH SUBDIVISION.
S 2590-B. CREATION OF CITY BOARD OF EDUCATIONAL POLICY AND ESTABLISH-
MENT OF COMMUNITY DISTRICTS; ESTABLISHMENT OF THE CITY-WIDE COUNCIL ON
SPECIAL EDUCATION. 1. (A) THE BOARD OF EDUCATIONAL POLICY OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK IS HEREBY CREATED. SUCH BOARD
SHALL CONSIST OF THIRTEEN MEMBERS, A MEMBER TO BE APPOINTED BY EACH
BOROUGH PRESIDENT OF THE CITY OF NEW YORK, FIVE MEMBERS APPOINTED BY THE
MAYOR, A MEMBER APPOINTED BY THE PUBLIC ADVOCATE, A MEMBER APPOINTED BY
THE COMPTROLLER OF THE CITY OF NEW YORK AND A MEMBER APPOINTED BY THE
SPEAKER OF THE CITY COUNCIL OF NEW YORK.
(B) THE BOROUGH PRESIDENT APPOINTEE SHALL BE A RESIDENT OF THE BOROUGH
FOR WHICH THE BOROUGH PRESIDENT APPOINTING HIM OR HER WAS ELECTED, ALL
OTHER APPOINTEES SHALL BE RESIDENTS OF THE CITY OF NEW YORK. THE TERM OF
S. 5719 3
OFFICE FOR EACH MEMBER SHALL BE FIVE YEARS, COMMENCING WITH THE FIRST
DAY OF JULY AND EVERY FIVE YEARS THEREAFTER, EXCEPT THAT THE TWO MAYORAL
APPOINTMENTS AND THE COMPTROLLER'S APPOINTMENTS IN TWO THOUSAND NINE
SHALL BE FOR TERMS OF THREE YEARS INITIALLY, AND TWO OF THE MAYORAL
APPOINTMENTS, THE PUBLIC ADVOCATE AND THE APPOINTMENTS OF THE SPEAKER OF
THE CITY COUNCIL OF NEW YORK MADE IN TWO THOUSAND NINE SHALL BE FOR FOUR
YEARS INITIALLY. A VACANCY OCCURRING OTHER THAN BY EXPIRATION OF THE
TERM OF A MEMBER SHALL BE FILLED FOR THE UNEXPIRED TERM BY THE APPROPRI-
ATE APPOINTING AUTHORITY. THE PRESIDENT OF THE BOARD SHALL BE CHOSEN BY
THE MEMBERS. NOTWITHSTANDING ANY PROVISION OF LOCAL LAW, THE MEMBERS OF
THE BOARD SHALL RECEIVE COMPENSATION FOR THEIR SERVICES AS FOLLOWS:
TWENTY THOUSAND DOLLARS FOR THE BOARD PRESIDENT AND FIFTEEN THOUSAND
DOLLARS FOR EACH BOARD MEMBER AND SHALL BE REIMBURSED FOR THE ACTUAL AND
NECESSARY EXPENSES INCURRED BY THEM IN THE PERFORMANCE OF THEIR DUTIES.
2. (A) THERE SHALL BE A COMMUNITY BOARD OF EDUCATIONAL POLICY FOR EACH
COMMUNITY DISTRICT CREATED PURSUANT TO THIS ARTICLE.
(B) THE CITY BOARD SHALL DEFINE, ADJUST, ALTER, MAINTAIN AND ADOPT THE
BOUNDARIES OF THE COMMUNITY DISTRICTS PURSUANT TO THIS CHAPTER NO LATER
THAN FEBRUARY FIRST, TWO THOUSAND TEN. THERE SHALL BE NO LESS THAN THIR-
TY NOR MORE THAN THIRTY-SEVEN COMMUNITY DISTRICTS.
(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
NINETEEN. THE CITY BOARD IN CONJUNCTION WITH THE COMMUNITY BOARD, 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 TRANSI-
TION PLAN, THE CITY BOARD SHALL HOLD ONE OR MORE PUBLIC HEARINGS IN EACH
BOROUGH. THE CITY BOARD SHALL MAKE THE TRANSITION PLAN AVAILABLE NOT
LESS THAN THREE WEEKS BEFORE THE FIRST SUCH PUBLIC HEARING. UPON
RECEIPT OF COMMENTS, THE CITY BOARD, IN CONJUNCTION WITH THE COMMUNITY
BOARD, SHALL PREPARE A REVISED TRANSITION PLAN, IF NECESSARY AND MAKE
SUCH PLAN AVAILABLE TO THE PUBLIC FOR COMMENT. A FINAL TRANSITION PLAN
SHALL BE ADOPTED BY THE CITY BOARD BY NOVEMBER FIFTEENTH, TWO THOUSAND
TEN.
3. (A) THE REDISTRICTING ADVISORY STUDY GROUP ESTABLISHED PRIOR TO THE
EFFECTIVE DATE OF THIS PARAGRAPH FOR THE PURPOSE OF STUDY AND MAKING
RECOMMENDATIONS ON COMMUNITY SCHOOL DISTRICT BOUNDARIES, IS HEREBY
CONTINUED AND SHALL PERFORM THE DUTIES REQUIRED HEREIN.
(B) THE STUDY GROUP SHALL PREPARE A REPORT CONTAINING RECOMMENDATIONS
FOR DIVIDING THE CITY INTO NO MORE THAN THIRTY-SEVEN COMMUNITY
DISTRICTS.
(C) IN PREPARATION OF ITS RECOMMENDATIONS FOR DIVIDING THE CITY INTO
COMMUNITY DISTRICTS, THE STUDY GROUP SHALL ENSURE THAT THE RECOMMENDA-
TIONS PROVIDE FOR THE MOST EFFECTIVE DELIVERY OF EDUCATIONAL SERVICES
AND SHALL BE GUIDED BY THE FOLLOWING CRITERIA:
(1) EACH COMMUNITY DISTRICT SHALL: (I) BE A SUITABLE SIZE FOR EFFI-
CIENT POLICY-MAKING AND ECONOMIC MANAGEMENT; (II) CONTAIN A REASONABLE
NUMBER OF PUPILS; (III) BE COMPACT AND CONTIGUOUS, CONTAINED WITHIN
COUNTY LINES, AND TO THE MAXIMUM EXTENT POSSIBLE, KEEP INTACT COMMUNI-
TIES AND NEIGHBORHOODS; AND (IV) BEAR A RATIONAL RELATIONSHIP TO
GEOGRAPHIC AREAS FOR WHICH THE CITY OF NEW YORK PLANS AND PROVIDES
SERVICES;
(2) TO THE EXTENT POSSIBLE, KEEP EXISTING LINES INTACT;
(3) THE COMMON AND SPECIAL EDUCATION NEEDS OF THE COMMUNITIES AND
SCHOOL CHILDREN INVOLVED;
S. 5719 4
(4) EFFECTIVE UTILIZATION OF EXISTING AND PLANNED SCHOOL FACILITIES;
(5) MINIMUM DISRUPTION OF EXISTING AND PLANNED ELEMENTARY SCHOOL-JUN-
IOR HIGH/MIDDLE SCHOOL-HIGH SCHOOL FEEDER PATTERNS;
(6) TRANSPORTATION FACILITIES;
(7) ADDITIONAL ADMINISTRATIVE COSTS INVOLVED IN THE CREATION OF SUCH
NEW DISTRICTS; AND
(8) NO COUNTY SHALL HAVE FEWER COMMUNITY SCHOOL DISTRICTS THAN IN
EXISTENCE ON THE EFFECTIVE DATE OF THIS PARAGRAPH.
(D) THE STUDY GROUP SHALL HOLD ONE OR MORE PUBLIC HEARINGS IN EACH
BOROUGH BEFORE FINAL ADOPTION OF ITS RECOMMENDATIONS. THE STUDY GROUP
SHALL MAKE ITS RECOMMENDATIONS AVAILABLE TO THE PUBLIC FOR INSPECTION
AND COMMENT NOT LESS THAN ONE MONTH BEFORE THE FIRST SUCH PUBLIC HEAR-
ING. FOLLOWING ITS CONSIDERATION OF THE COMMENTS RECEIVED ON THE RECOM-
MENDATIONS, THE STUDY GROUP SHALL PREPARE A REPORT CONTAINING ITS FINAL
RECOMMENDATIONS. THE STUDY GROUP SHALL SUBMIT ITS REPORT TO THE CITY
BOARD AND MAKE SUCH REPORT AVAILABLE TO THE PUBLIC FOR INSPECTION NO
LATER THAN NOVEMBER FIRST, TWO THOUSAND NINE.
(E) THE CITY BOARD OF EDUCATIONAL POLICY SHALL HOLD PUBLIC HEARINGS IN
EACH BOROUGH ON THE RECOMMENDATIONS SUBMITTED BY THE STUDY GROUP AND MAY
ADOPT, REVISE OR REJECT IN WHOLE OR IN PART SUCH RECOMMENDATIONS, OR,
MAY REQUEST THE STUDY GROUP TO SUBMIT ADJUSTED RECOMMENDATIONS. THE
FINAL RECOMMENDATIONS SHALL BE ADOPTED BY THE CITY BOARD OF EDUCATIONAL
POLICY NO LATER THAN FEBRUARY FIRST, TWO THOUSAND TEN TO TAKE EFFECT
JULY FIRST, TWO THOUSAND ELEVEN, PROVIDED THAT SUCH REVISED BOUNDARIES
ADOPTED BY THE CITY BOARD PURSUANT TO THIS CHAPTER SHALL BE USED FOR
PURPOSES OF COMMUNITY SCHOOL BOARD ELECTIONS TO BE HELD ON THE FIRST
TUESDAY IN MAY, TWO THOUSAND ELEVEN.
(F) NO PUBLIC HEARINGS REQUIRED PURSUANT TO THIS SUBDIVISION SHALL BE
HELD DURING THE MONTHS OF JULY AND AUGUST. ALL PUBLIC HEARINGS SHALL BE
HELD AT A TIME AND PLACE DESIGNATED TO MAXIMIZE COMMUNITY AND PARENT
PARTICIPATION. NOTICE OF ALL SUCH PUBLIC HEARINGS SHALL BE PROVIDED IN A
TIMELY MANNER TO ALL PRINT AND ELECTRONIC MEDIA AND SHALL BE WIDELY
DISTRIBUTED TO ALL INTERESTED PARTIES, SO AS TO MAXIMIZE PARTICIPATION
BY PARENTS AND THE COMMUNITY. IN ADDITION SUCH NOTICE SHALL BE POSTED IN
EACH SCHOOL BUILDING AND DISTRICT OFFICE.
S 2590-C. POWERS AND DUTIES OF THE COMMISSIONER. THE OFFICE OF THE
COMMISSIONER OF EDUCATION IS HEREBY CREATED. IT SHALL BE FILLED BY A
PERSON WHO IS NOMINATED BY THE CITY BOARD, AND APPOINTED BY THE MAYOR
FOR A TERM OF FIVE YEARS, AND IS SUBJECT TO REMOVAL BY THE BOARD FOR
CAUSE. NO NOMINATION CAN BE CONSIDERED OR A NOMINEE APPOINTED BY THE
MAYOR UNLESS THE NOMINEE HOLDS, AND HAS HELD, A VALID SUPERVISORY
LICENSE FOR A PERIOD OF ONE YEAR PRIOR TO NOMINATION BY THE BOARD. THE
COMMISSIONER SHALL RECEIVE A SALARY TO BE FIXED BY THE CITY BOARD WITHIN
THE BUDGETARY ALLOCATION THEREFOR. HE OR SHE SHALL EXERCISE ALL OF HIS
OR HER POWERS AND DUTIES IN A MANNER NOT INCONSISTENT WITH THE POLICIES
OF THE CITY BOARD. THE COMMISSIONER SHALL HAVE THE FOLLOWING POWERS AND
DUTIES AS THE SUPERINTENDENT OF SCHOOLS AND CHIEF EXECUTIVE OFFICER FOR
THE CITY DISTRICT, WHICH THE COMMISSIONER SHALL EXERCISE TO PROMOTE AN
EQUAL EDUCATIONAL OPPORTUNITY FOR ALL STUDENTS IN THE SCHOOLS OF THE
CITY DISTRICT, PROMOTE FISCAL AND EDUCATIONAL EQUITY, INCREASE STUDENT
ACHIEVEMENT AND SCHOOL PERFORMANCE AND ENCOURAGE LOCAL SCHOOL-BASED
INNOVATION, INCLUDING THE POWER AND DUTY TO:
1. CONTROL AND OPERATE:
(A) ACADEMIC AND VOCATIONAL SENIOR HIGH SCHOOLS UNTIL SUCH TIME AS THE
SAME MAY BE TRANSFERRED TO THE JURISDICTION OF APPROPRIATE COMMUNITY
BOARDS PURSUANT TO THIS ARTICLE;
S. 5719 5
(B) ALL SPECIALIZED SENIOR HIGH SCHOOLS. THE SPECIAL HIGH SCHOOLS
SHALL INCLUDE THE PRESENT SCHOOLS KNOWN AS: THE BRONX HIGH SCHOOL OF
SCIENCE, STUYVESANT HIGH SCHOOL, BROOKLYN TECHNICAL HIGH SCHOOL, FIOREL-
LO H. LAGUARDIA HIGH SCHOOL OF MUSIC AND THE ARTS IN THE BOROUGH OF
MANHATTAN, AND SUCH FURTHER SCHOOLS WHICH THE CITY BOARD MAY DESIGNATE
FROM TIME TO TIME. THE SPECIAL SCHOOLS SHALL BE PERMITTED TO MAINTAIN A
DISCOVERY PROGRAM IN ACCORDANCE WITH THE LAW IN EFFECT ON THE DATE
PRECEDING THE EFFECTIVE DATE OF THIS SECTION; ADMISSIONS TO THE SPECIAL
SCHOOLS SHALL BE CONDUCTED IN ACCORDANCE WITH THE LAW IN EFFECT ON THE
DATE PRECEDING THE EFFECTIVE DATE OF THIS SECTION;
(C) ALL SPECIAL EDUCATION PROGRAMS AND SERVICES CONDUCTED PURSUANT TO
THIS CHAPTER;
(D) SUBJECT TO THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED NINETY-I
OF THIS ARTICLE, DEVOLVING POWERS TO THE SCHOOLS, CITY-WIDE PROGRAMS FOR
CITY-WIDE SERVICES TO A SUBSTANTIAL NUMBER OF PERSONS FROM MORE THAN ONE
COMMUNITY DISTRICT, INCLUDING TRANSPORTATION; FOOD SERVICES; PAYROLL AND
PERSONNEL FUNCTIONS, INCLUDING PENSION AND RETIREMENT SERVICES; AND
ENFORCEMENT OF LAWS AND REGULATIONS PROMOTING EQUAL OPPORTUNITY IN
EMPLOYMENT, ACCESS TO PUBLIC ACCOMMODATIONS AND FACILITIES, EQUAL OPPOR-
TUNITY IN EDUCATION, AND PREVENTING AND ADDRESSING UNLAWFUL DISCRIMI-
NATION; PROVIDED, HOWEVER, THAT A COMMUNITY DISTRICT MAY ALSO OPERATE
WITHIN ITS DISTRICT PROGRAMS WHICH PROVIDE SIMILAR SERVICES OTHERWISE
AUTHORIZED BY THIS ARTICLE.
2. APPOINT, IN CONSULTATION WITH THE CITY BOARD, BOROUGH SUPERINTEN-
DENTS WHO SHALL BE QUALIFIED AS SUCH AND SHALL BE RESIDENTS OF THE
BOROUGH IN WHICH THEY ARE APPOINTED AT THE TIME OF THEIR APPOINTMENT.
3. 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
HE OR SHE SHALL CONSULT WITH THE AFFECTED COMMUNITY BOARD AND BOROUGH
SUPERINTENDENT 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.
4. 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.
5. APPOINT TEACHER-AIDES FOR THE SCHOOLS AND PROGRAMS UNDER HIS OR HER
JURISDICTION WITHIN THE BUDGETARY ALLOCATION THEREFOR.
6. RETAIN JURISDICTION OVER ALL EMPLOYEES WHO ARE REQUIRED IN
CONNECTION WITH THE PERFORMANCE OF DUTIES WITH RESPECT TO THE DESIGN,
CONSTRUCTION, OPERATION AND MAINTENANCE OF ALL SCHOOL BUILDINGS IN THE
CITY SCHOOL DISTRICT. SUCH EMPLOYEES SHALL HAVE ALL RIGHTS ACCORDED THEM
UNDER THE PROVISIONS OF THE CIVIL SERVICE LAW, INCLUDING MANNER OF
APPOINTMENT, CLASSIFICATION, PROMOTION, TRANSFER AND REMOVAL INCLUDING
AN OPPORTUNITY TO BE HEARD PROVIDED, HOWEVER, THAT EACH CUSTODIAN SHALL
BE RESPONSIBLE FOR THE PERFORMANCE OF HIS OR HER DUTIES TO THE PRINCIPAL
OF THE SCHOOL WHO SHALL BE RESPONSIBLE TO THE BOROUGH DISTRICT SUPER-
INTENDENT.
7. EMPLOY OR RETAIN COUNSEL SUBJECT TO THE POWERS AND DUTIES OF THE
CORPORATION COUNSEL OF THE CITY OF NEW YORK TO BE HIS OR HER ATTORNEY
S. 5719 6
AND COUNSEL PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED
NINETY-FOUR OF THE NEW YORK CITY CHARTER; PROVIDED, HOWEVER, THAT IN
ACTIONS OR PROCEEDINGS BETWEEN THE CITY BOARD OR THE COMMISSIONER AND
ONE OR MORE COMMUNITY BOARDS, THE CITY BOARD OR THE COMMISSIONER SHALL
BE REPRESENTED BY THE CORPORATION COUNSEL OF THE CITY OF NEW YORK.
8. TO CONTINUE EXISTING VOLUNTARY PROGRAMS OR TO ESTABLISH NEW
PROGRAMS UNDER WHICH STUDENTS MAY CHOOSE TO ATTEND A PUBLIC SCHOOL IN
ANOTHER COMMUNITY DISTRICT.
9. PROMULGATE MINIMUM CLEAR EDUCATIONAL STANDARDS, CURRICULUM REQUIRE-
MENTS AND FRAMEWORKS, AND MANDATORY EDUCATIONAL OBJECTIVES APPLICABLE TO
ALL SCHOOLS AND PROGRAMS THROUGHOUT THE CITY DISTRICT, AND EXAMINE AND
EVALUATE PERIODICALLY ALL SUCH SCHOOLS AND PROGRAMS WITH RESPECT TO:
(A) COMPLIANCE WITH SUCH EDUCATIONAL STANDARDS AND OTHER REQUIREMENTS,
AND
(B) THE EDUCATIONAL EFFECTIVENESS OF SUCH SCHOOLS AND PROGRAMS, IN A
MANNER NOT INCONSISTENT WITH THE POLICIES OF THE CITY BOARD.
10. FURNISH COMMUNITY BOARDS AND THE CITY BOARD PERIODICALLY WITH THE
RESULTS OF SUCH EXAMINATIONS AND EVALUATIONS AND TO MAKE THE SAME
PUBLIC.
11. REQUIRE EACH BOROUGH AND COMMUNITY SUPERINTENDENT TO MAKE AN ANNU-
AL REPORT COVERING ALL MATTERS RELATING TO SCHOOLS UNDER THE DISTRICT'S
JURISDICTION INCLUDING, BUT NOT LIMITED TO, THE EVALUATION OF THE EDUCA-
TIONAL EFFECTIVENESS OF SUCH SCHOOLS AND PROGRAMS CONNECTED THEREWITH.
12. REQUIRE SUCH COMMUNITY BOARD OR SUPERINTENDENT TO MAKE SUCH NUMBER
OF PERIODIC REPORTS AS MAY BE NECESSARY TO ACCOMPLISH THE PURPOSES OF
THIS CHAPTER.
13. PERFORM THE FOLLOWING FUNCTIONS THROUGHOUT THE CITY DISTRICT;
PROVIDED, HOWEVER, THAT THE COMMISSIONER AND ANY COMMUNITY BOARD MAY
AGREE THAT ANY SUCH FUNCTION MAY BE APPROPRIATELY PERFORMED BY THE
COMMUNITY BOARD WITH RESPECT TO THE SCHOOLS AND PROGRAMS UNDER ITS
JURISDICTION:
(A) TECHNICAL ASSISTANCE TO COMMUNITY DISTRICTS AND SCHOOLS;
(B) SUCH WAREHOUSE SPACE ON A REGIONAL BASIS AS HE OR SHE DETERMINES
TO BE NECESSARY OR APPROPRIATE AFTER CONSULTATION WITH THE COMMUNITY
SUPERINTENDENTS;
(C) PURCHASING SERVICES ON A CITY-WIDE, REGIONAL OR COMMUNITY DISTRICT
BASIS SUBJECT TO SUBDIVISION THIRTY-FIVE OF THIS SECTION;
(D) REINFORCE AND FOSTER CONNECTIONS TO INSTITUTIONS OF HIGHER EDUCA-
TION TO PROMOTE STUDENT ACHIEVEMENT.
14. DEVELOP AND FURNISH PRE-SERVICE AND IN-SERVICE TRAINING PROGRAMS
FOR PRINCIPALS AND OTHER EMPLOYEES THROUGHOUT THE CITY DISTRICT. IN
ADDITION, THE COMMISSIONER SHALL PREPARE AND ANNUALLY UPDATE A TRAINING
PLAN FOR PARTICIPATING PARENTS, AND SCHOOL PERSONNEL, WHICH SHALL
INCLUDE, AT MINIMUM, SUCH TRAINING AS MAY BE REQUIRED FOR EXERCISE OF
THEIR RESPONSIBILITIES, FULL PARTICIPATION AND COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION. THE COMMISSIONER SHALL, IN ADDITION, WITHIN
AMOUNTS APPROPRIATED, ALLOCATE SUFFICIENT FUNDS DIRECTLY AND TO THE
SUPERINTENDENTS FOR TEACHER AND PRINCIPAL TRAINING TO MEET IDENTIFIED
NEEDS FOR SCHOOL IMPROVEMENT.
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 COMMISSIONER'S JURISDICTION; AND ENSURING
THAT THE DISTRICTS DO THE SAME;
S. 5719 7
(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, TWO THOUSAND TEN,
(I) TAKING ALL NECESSARY STEPS TO ENSURE THAT NO LATER THAN OCTOBER
FIRST, TWO THOUSAND ELEVEN, 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 MANAGE-
MENT AND SHARED DECISION-MAKING PROCESS; AND
(C) DEVELOPING, IN CONSULTATION WITH ASSOCIATIONS OF PARENTS IN THE
CITY DISTRICT, AND IMPLEMENTING NO LATER THAN OCTOBER FIRST, TWO THOU-
SAND TEN, 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 COMMISSIONER, THE CITY BOARD, THE COMMUNITY SUPERINTENDENTS, THE
COMMUNITY BOARDS, 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.
16. PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE MAY DETERMINE
TO BE NECESSARY OR CONVENIENT TO ACCOMPLISH THE PURPOSES OF THIS ARTI-
CLE, NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE AND THE POLI-
CIES OF THE CITY BOARD.
17. POSSESS THOSE POWERS AND DUTIES DESCRIBED IN SECTION TWENTY-FIVE
HUNDRED FIFTY-FOUR OF THIS CHAPTER, THE EXERCISE OF WHICH SHALL BE IN A
MANNER NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE AND THE
POLICIES OF THE CITY BOARD.
18. POSSESS THOSE POWERS AND DUTIES CONTAINED IN SECTION NINE HUNDRED
TWELVE OF THIS CHAPTER AND THOSE PROVISIONS OF ARTICLE FIFTEEN WHICH
RELATE TO NON-PUBLIC SCHOOLS, THOSE POWERS AND DUTIES CONTAINED IN
SECTION FIVE HUNDRED TWENTY-TWO OF THE NEW YORK CITY CHARTER AND THOSE
POWERS AND DUTIES CONTAINED IN ARTICLE SEVENTY-THREE OF THIS CHAPTER,
THE EXERCISE OF WHICH SHALL BE IN A MANNER NOT INCONSISTENT WITH THE
PROVISIONS OF THIS ARTICLE AND THE POLICIES OF THE CITY BOARD.
19. DELEGATE ANY OF HIS OR HER POWERS AND DUTIES TO SUCH SUBORDINATE
OFFICERS OR EMPLOYEES AS HE OR SHE DEEMS APPROPRIATE AND TO MODIFY OR
RESCIND ANY POWER AND DUTY SO DELEGATED.
20. ENSURE COMPLIANCE WITH QUALIFICATIONS ESTABLISHED FOR ALL PERSON-
NEL EMPLOYED IN THE CITY DISTRICT, INCLUDING THE TAKING OF FINGERPRINTS
AS A PREREQUISITE FOR LICENSURE AND/OR EMPLOYMENT OF SUCH PERSONNEL.
S. 5719 8
EVERY SET OF FINGERPRINTS TAKEN PURSUANT TO THIS SUBDIVISION SHALL BE
PROMPTLY SUBMITTED TO THE DIVISION OF CRIMINAL JUSTICE SERVICES WHERE IT
SHALL BE APPROPRIATELY PROCESSED.
21. PERFORM THE FUNCTIONS OF THE BUREAU OF AUDIT THROUGHOUT THE CITY
DISTRICT, INCLUDING ENSURING COMPLIANCE WITH SUBDIVISIONS THIRTY-FIVE
AND THIRTY-SIX OF THIS SECTION.
22. ESTABLISH UNIFORM PROCEDURES FOR RECORD KEEPING, ACCOUNTING AND
REPORTING THROUGHOUT THE CITY DISTRICT, INCLUDING PUPIL RECORD KEEPING,
ACCOUNTING AND REPORTING.
23. DEVELOP AN EDUCATIONAL FACILITIES MASTER PLAN, AND REVISIONS THER-
ETO, AS DEFINED IN SECTION TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE.
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. THE COMMISSIONER SHALL ALSO APPOINT A PERSON,
WHO REPORTS DIRECTLY TO THE COMMISSIONER 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.
25. ON THE COMMISSIONER'S OWN INITIATIVE, OR AT THE REQUEST OF A
COMMUNITY SUPERINTENDENT, TRANSFER A PRINCIPAL EMPLOYED BY A COMMUNITY
SCHOOL DISTRICT PURSUANT TO AN AGREEMENT WITH THE EMPLOYEE ORGANIZATION
REPRESENTING SUCH PRINCIPALS. THE COMMISSIONER SHALL ESTABLISH A PROCE-
DURE FOR CONSULTING WITH AFFECTED PARENTS TO EXPLAIN ANY SUCH TRANSFER.
CONSISTENT WITH SECTION TWENTY-FIVE HUNDRED NINETY-I OF THIS ARTICLE,
INCLUDING WITHOUT LIMITATION SUBDIVISION THREE THEREOF, AND SUBDIVISION
ONE THEREOF WITH RESPECT TO THE RIGHTS AND OBLIGATIONS OF A SCHOOL TO
WHICH A PRINCIPAL IS TRANSFERRED, IN ADDITION TO ANY OTHER LAW PROVIDING
FOR THE TRANSFER OF PRINCIPALS, THE COMMISSIONER ALSO MAY CAUSE THE
TRANSFER OR REMOVAL OF PRINCIPALS FOR PERSISTENT EDUCATIONAL FAILURE,
CONFLICTS OF INTEREST, AND ETHICS VIOLATIONS, AND MAY REQUIRE PRINCIPALS
TO PARTICIPATE IN TRAINING AND OTHER REMEDIAL PROGRAMS TO ADDRESS IDEN-
TIFIED FACTORS AFFECTING STUDENT ACHIEVEMENT AND SCHOOL PERFORMANCE.
26. ESTABLISH EDUCATIONAL AND EXPERIENCE QUALIFICATIONS AND REQUIRE-
MENTS FOR ALL CUSTODIAL POSITIONS INCLUDING, BUT NOT LIMITED TO, CUSTO-
DIANS AND CUSTODIAL ENGINEERS AND DEVELOP STANDARDS FOR EVALUATING THE
PERFORMANCE OF ALL SUCH INDIVIDUALS, SUBJECT TO APPROVAL OF THE CITY
BOARD. SUCH PERFORMANCE STANDARDS SHALL INCLUDE, BUT NOT BE LIMITED TO:
THE CLEANLINESS OF FACILITIES; ADEQUACY AND TIMELINESS OF MINOR REPAIRS;
MAINTENANCE OF GOOD WORKING ORDER OF FACILITIES AND GROUNDS; GENERAL
FACILITIES IMPROVEMENT; AND EMERGENCY SERVICES. THE COMMISSIONER SHALL
PROMULGATE REGULATIONS SETTING FORTH THE RESPECTIVE RESPONSIBILITIES OF
THE DISTRICT PLANT MANAGER, WHICH SHALL INCLUDE REGULAR CONSULTATION AND
ONGOING REPORTS TO THE COMMUNITY SUPERINTENDENT, AND THE PRINCIPAL OF
EACH SCHOOL FOR EVALUATING THE PERFORMANCE OF THE CUSTODIAL EMPLOYEES
ASSIGNED TO HIS OR HER SCHOOL, IN ACCORDANCE WITH SUCH PERFORMANCE STAN-
DARDS, AND SUCH PERFORMANCE EVALUATIONS SHALL BE GIVEN DOMINANT WEIGHT
IN ANY DECISION FOR THE PURPOSES OF: ADVANCEMENT; CONTINUED EMPLOYMENT;
BUILDING TRANSFERS; AND OTHER PERFORMANCE INCENTIVES. THE RESPONSIBILITY
OF THE PRINCIPAL OF EACH SCHOOL IN THE EVALUATION OF CUSTODIAL EMPLOYEES
MAY BE A MATTER FOR COLLECTIVE BARGAINING WITH COLLECTIVE BARGAINING
REPRESENTATIVES FOR PRINCIPALS.
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
S. 5719 9
BENEFIT OR BE DEPOSITED INTO AN ACCOUNT WHICH INURES TO THE BENEFIT OF
THE CUSTODIANS OR CUSTODIAL ENGINEERS.
28. PROMULGATE REGULATIONS, SUBJECT TO THE APPROVAL OF THE CITY BOARD,
ESTABLISHING EDUCATIONAL, MANAGERIAL, AND ADMINISTRATIVE QUALIFICATIONS,
PERFORMANCE RECORD CRITERIA, AND PERFORMANCE STANDARDS FOR THE POSITIONS
OF SUPERINTENDENT AND PRINCIPAL. IN NO CASE SHALL THE REGULATIONS
PROMULGATED BE OF A LESSER STANDARD THAN REGULATIONS THAT WERE IN EFFECT
ON JANUARY FIRST, TWO THOUSAND.
29. SELECT A COMMUNITY SUPERINTENDENT FROM CANDIDATES RECOMMENDED BY
COMMUNITY BOARDS, BASED UPON COMPLIANCE WITH THE PROCEDURES FOR
SELECTION REQUIRED BY SUBDIVISION TWENTY-EIGHT OF THIS SECTION, THE
QUALIFICATIONS REQUIRED BY THIS SECTION, AND CONSISTENT WITH A MODEL
CONTRACT DEVELOPED BY THE COMMISSIONER.
30. REMOVE A COMMUNITY SUPERINTENDENT WHO FAILS TO COMPLY WITH THE
PROVISIONS OF SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED NINETY-F OF
THIS ARTICLE.
31. INTERVENE IN ANY DISTRICT OR SCHOOL WHICH IS PERSISTENTLY FAILING
TO ACHIEVE EDUCATIONAL RESULTS AND STANDARDS APPROVED BY THE CITY BOARD
OR ESTABLISHED BY THE STATE BOARD OF REGENTS, OR HAS FAILED TO IMPROVE
ITS EDUCATIONAL RESULTS AND STUDENT ACHIEVEMENT IN ACCORDANCE WITH SUCH
STANDARDS OR STATE OR CITY BOARD REQUIREMENTS, OR IN ANY SCHOOL OR
DISTRICT IN WHICH THERE EXISTS, IN THE COMMISSIONER'S JUDGMENT, A STATE
OF UNCONTROLLED OR UNADDRESSED VIOLENCE. THE COMMISSIONER MAY, IN ADDI-
TION TO EXERCISING ANY OTHER POWERS AUTHORIZED BY THIS ARTICLE, REQUIRE
SUCH SCHOOL PRINCIPAL, OR DISTRICT AS THE CASE MAY BE, TO PREPARE A
CORRECTIVE ACTION PLAN, WITH A TIMETABLE FOR IMPLEMENTATION OF STEPS
ACCEPTABLE TO THE COMMISSIONER TO REACH IMPROVEMENT GOALS CONSISTENT
WITH CITY BOARD STANDARDS AND EDUCATIONAL RESULTS. THE COMMISSIONER MAY
REQUIRE THE SCHOOL OR DISTRICT TO ALTER OR IMPROVE THE CORRECTIVE ACTION
PLAN, OR MAY DIRECTLY MODIFY THE PLAN. THE COMMISSIONER SHALL MONITOR
IMPLEMENTATION OF THE PLAN, AND, IF THE SCHOOL OR DISTRICT FAILS TO
IMPLEMENT IT, MAY SUPERSEDE ANY INCONSISTENT DECISION OF THE SCHOOL
PRINCIPAL, COMMUNITY BOARD OR COMMUNITY SUPERINTENDENT; ASSUME JOINT OR
DIRECT CONTROL OF THE OPERATION OF THE SCHOOL OR DISTRICT TO IMPLEMENT
THE CORRECTIVE ACTION PLAN; OR TAKE ANY OTHER ACTION AUTHORIZED BY THIS
ARTICLE. ANY ACTION OF THE COMMISSIONER TO SUPERCEDE AN INCONSISTENT
DECISION OF THE SCHOOL PRINCIPAL, COMMUNITY BOARD OR COMMUNITY SUPER-
INTENDENT, OR TO ASSUME JOINT OR DIRECT CONTROL OF THE OPERATION OF THE
SCHOOL OR DISTRICT PURSUANT TO THIS SUBDIVISION MAY BE APPEALED TO THE
CITY BOARD IN ACCORDANCE WITH SECTION TWENTY-FIVE HUNDRED NINETY-G OF
THIS ARTICLE.
32. DIRECT THE BOROUGH SUPERINTENDENT TO COORDINATE AND PERIODICALLY
MEET AND CONSULT WITH THE BOROUGH PRESIDENT AND THE COMMUNITY SUPER-
INTENDENTS IN THE BOROUGH ON BOROUGH-SPECIFIC ISSUES AND ISSUES OF
BOROUGH-WIDE SIGNIFICANCE, INCLUDING THE PROVISION OF SERVICES IN
SUPPORT OF SCHOOLS AND COMMUNITY DISTRICTS SUCH AS TRANSPORTATION,
PURCHASING, CAPITAL PLANNING, AND COORDINATION WITH MUNICIPAL SERVICES,
AND COMMISSIONER AND CITY BOARD POLICY WITH RESPECT TO THE HIGH SCHOOLS.
33. REQUIRE COMMUNITY SCHOOL BOARD MEMBERS TO PARTICIPATE IN TRAINING
AND RETRAINING IN ORDER TO PROMOTE DISTRICT AND SCHOOL PERFORMANCE AND
STUDENT ACHIEVEMENT, AS A CONTINUING CONDITION FOR MEMBERSHIP.
34. TAKE ALL NECESSARY STEPS TO PROMOTE THE EFFECTIVENESS AND INTEGRI-
TY OF SCHOOL-BASED BUDGETING PURSUANT TO SECTION TWENTY-FIVE HUNDRED
NINETY-R OF THIS ARTICLE, INCLUDING THE OBLIGATIONS IMPOSED BY SUBDIVI-
SION THIRTY-SIX OF THIS SECTION.
S. 5719 10
35. DEVELOP IN CONSULTATION WITH THE CITY BOARD AND THE MAYOR, A
PROCUREMENT POLICY FOR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,
AND THE DISTRICTS AND PUBLIC SCHOOLS THEREIN. SUCH POLICY SHALL ENSURE
THE WISE AND PRUDENT USE OF PUBLIC MONEY IN THE BEST INTEREST OF THE
TAXPAYERS OF THE STATE; GUARD AGAINST FAVORITISM, IMPROVIDENCE, EXTRAVA-
GANCE, FRAUD AND CORRUPTION; AND ENSURE THAT CONTRACTS ARE AWARDED
CONSISTENT WITH LAW AND ON THE BASIS OF BEST VALUE, INCLUDING, BUT NOT
LIMITED TO, THE FOLLOWING CRITERIA: QUALITY, COST AND EFFICIENCY. SUCH
POLICY SHALL ALSO INCLUDE:
(A) STANDARDS FOR QUALITY, FUNCTION AND UTILITY OF ALL MATERIAL GOODS,
SUPPLIES AND SERVICES PURCHASED BY THE COMMISSIONER, SUPERINTENDENTS OR
SCHOOLS;
(B) REGULATIONS FOR THE PURCHASE OF MATERIAL GOODS, SUPPLIES AND
SERVICES BY THE COMMISSIONER IN CONSULTATION WITH THE MAYOR, THE SUPER-
INTENDENTS AND THE SCHOOLS, INCLUDING CLEARLY ARTICULATED PROCEDURES
WHICH REQUIRE A CLEAR STATEMENT OF PRODUCT SPECIFICATIONS, REQUIREMENTS
OR WORK TO BE PERFORMED, A DOCUMENTABLE PROCESS OF SOLICITING BIDS,
PROPOSALS OR OTHER OFFERS, AND A BALANCED AND FAIR METHOD, ESTABLISHED
IN ADVANCE OF RECEIPT OF OFFERS, FOR EVALUATING OFFERS AND AWARDING
CONTRACTS;
(C) REGULATIONS WHICH ENABLE SUPERINTENDENTS AND SCHOOLS TO PURCHASE
MATERIAL GOODS, SUPPLIES AND SERVICES THROUGH THE CITY OF NEW YORK FROM
VENDORS OR SUPPLIERS WHEN SUCH PRODUCTS ARE AVAILABLE AT PRICES OR OTHER
TERMS MORE ECONOMICALLY BENEFICIAL FOR THE PURPOSES OF THE ACQUIRING
SUPERINTENDENT OR SCHOOL; AND
(D) REGULATIONS SHALL INCLUDE REPAIR SERVICES AND BUILDING SUPPLIES,
AS DEFINED IN SUCH REGULATIONS, FOR EXPENDITURES FROM EACH DISTRICT'S
MINOR REPAIR AND PURCHASING FUNDS PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-R OF THIS ARTICLE.
36. ESTABLISH, SUBJECT TO THE APPROVAL OF THE CITY BOARD, GUIDELINES
AND A SYSTEM OF INTERNAL CONTROLS, INCLUDING INTERNAL ADMINISTRATIVE
CONTROLS AND INTERNAL ACCOUNTING CONTROLS, WITH PROVISIONS FOR INTERNAL
AUDITS, AS SUCH TERMS ARE DEFINED IN SECTION NINE HUNDRED FIFTY OF THE
EXECUTIVE LAW. SUCH SYSTEM SHALL ALSO INCLUDE A SYSTEM OF INTERNAL
CONTROL REVIEW DESIGNED TO IDENTIFY WEAKNESSES AND IDENTIFY ACTIONS TO
RECTIFY THEM; A CLEAR AND CONCISE STATEMENT OF THE GENERALLY APPLICABLE
MANAGEMENT POLICIES AND STANDARDS MADE AVAILABLE TO EACH OFFICER AND
EMPLOYEE RELEVANT TO FISCAL AND EXPENDITURE CONTROL, IN ADDITION TO
EDUCATION AND TRAINING EFFORTS TO ENSURE ADEQUATE UNDERSTANDING OF
INTERNAL CONTROL STANDARDS AND EVALUATION TECHNIQUES; AND THE DESIG-
NATION OF AN INTERNAL CONTROL OFFICER FOR EACH COMMUNITY DISTRICT, EACH
OF WHOM SHALL REPORT TO THE COMMISSIONER AND THE AUDITOR GENERAL, TO
EXECUTE A REGULAR INTERNAL AUDIT FUNCTION WHICH SHALL OPERATE IN ACCORD-
ANCE WITH GENERALLY ACCEPTED GOVERNMENTAL AUDITING STANDARDS. THE INTER-
NAL AUDITORS FOR THE COMMUNITY DISTRICTS SHALL OPERATE IN COOPERATION
WITH THE AUDITOR GENERAL, APPOINTED BY THE COMMISSIONER SUBJECT TO THE
APPROVAL OF THE CITY BOARD, WHO SHALL, IN ADDITION TO THE FUNCTIONS OF
THE INTERNAL AUDITORS, MONITOR AND CONDUCT RANDOM AUDITS OF SCHOOL
DISTRICTS AT LEAST ONCE EVERY TWO YEARS FOR FRAUD, WASTE AND MISMANAGE-
MENT. NOTWITHSTANDING ANY PROVISION OF STATE LAW OR STATE, CITY OR CITY
BOARD REGULATION, THE INTERNAL AUDITORS, AND THE AUDITOR GENERAL, SHALL
BE ENTITLED, UPON THEIR REQUEST, TO ALL AND ANY DOCUMENTS AND MATERIALS
BEARING IN THEIR JUDGMENT ON THE FINANCES AND COST-EFFECTIVENESS OF THE
SCHOOLS AND THE SCHOOL DISTRICTS THAT IS IN THE POSSESSION OF THE COMMU-
NITY DISTRICTS, THE SCHOOLS, OR ANY OFFICER THEREOF.
S. 5719 11
37. EXERCISE ALL OF THE DUTIES AND RESPONSIBILITIES OF THE EMPLOYING
BOARD AS SET FORTH IN SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER
WITH RESPECT TO ANY MEMBER OF THE TEACHING OR SUPERVISORY STAFF OF
SCHOOLS UNDER THE JURISDICTION OF THE COMMUNITY BOARDS. THE COMMISSIONER
SHALL EXERCISE ALL SUCH DUTIES AND RESPONSIBILITIES FOR ALL COMMUNITY
DISTRICTS OR MAY DELEGATE THE EXERCISE OF ALL SUCH DUTIES AND RESPONSI-
BILITIES TO ALL OF THE COMMUNITY SUPERINTENDENTS OF THE CITY DISTRICT.
S 2590-D. BOROUGH AND COMMUNITY SCHOOL DISTRICTS. 1. EACH BOROUGH IN
THE CITY OF NEW YORK SHALL HAVE A SUPERINTENDENT APPOINTED BY THE CITY
BOARD WHO SHALL IN TURN APPOINT SUPERINTENDENTS FOR THE COMMUNITY SCHOOL
DISTRICTS. ALL SUPERINTENDENTS MUST HOLD A VALID SUPERVISORY LICENSE.
THIS REQUIREMENT CANNOT BE WAIVED.
2. (A) EACH COMMUNITY DISTRICT SHALL BE COMPOSED OF REPRESENTATIVES
ELECTED AMONG THE PARENTS FROM EACH SCHOOL WITHIN THE COMMUNITY
DISTRICT.
(B) EACH COMMUNITY BOARD SHALL SELECT ONE OF ITS MEMBERS AS CHAIR-
PERSON.
(C) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE COMMUNI-
TY BOARD MAY APPOINT A BOARD SECRETARY PURSUANT TO THE POLICIES OF THE
CITY BOARD WHO SHALL PERFORM THE FOLLOWING FUNCTIONS: (1) PREPARE MEET-
ING NOTICES, AGENDAS AND MINUTES; AND (2) RECORD AND MAINTAIN ACCOUNTS
OF PROCEEDINGS AND OTHER BOARD MEETINGS. EACH BOARD SHALL BE RESPONSIBLE
FOR APPOINTMENT, EVALUATION, SUPERVISION AND DISCHARGE OF THE BOARD
SECRETARY.
(D) ALL COMMUNITY BOARD MEMBERS SHALL SERVE WITHOUT COMPENSATION.
3. (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.
4. THE COMMISSIONER SHALL: (A) DEVELOP A PROCESS TO ENSURE A UNIFORM
ELECTION PROCESS FOR PARENT ASSOCIATIONS AND PARENT-TEACHER ASSOCI-
ATIONS. SUCH PROCESS SHALL ENSURE UNIFORMITY WITH RESPECT TO TIMING OF
ELECTIONS AND THE STRUCTURE AND SIZE OF THE BODY.
(B) DEVELOP A PROCESS FOR NOMINATION OF CANDIDATES FOR COMMUNITY COUN-
CIL MEMBERSHIP. SUCH PROCESS WILL OUTLINE IN DETAIL THE PROCEDURE WHICH
MUST BE FOLLOWED TO PRESENT A NAME FOR CONSIDERATION, SHALL PROHIBIT
OFFICERS OF ANY PARENT ASSOCIATION OR PARENT-TEACHER ASSOCIATION FROM
BEING NOMINATED, MAY INCLUDE QUALIFICATIONS AND PROHIBITIONS IN ADDITION
TO THOSE OUTLINED IN THIS SECTION AND MAY ALLOW FOR AN INTERVIEW PROCESS
FOR NOMINEES.
(C) DEVELOP SELECTION PROCEDURES FOR COMMUNITY COUNCIL MEMBERS WHICH
SHALL ATTEMPT TO ENSURE MEMBERSHIP THAT REFLECTS A REPRESENTATIVE
CROSS-SECTION OF THE COMMUNITIES WITHIN THE SCHOOL DISTRICT AND DIVERSI-
TY OF THE STUDENT POPULATION INCLUDING THOSE WITH PARTICULAR EDUCATIONAL
NEEDS, SHALL INCLUDE CONSIDERATION OF THE ENROLLMENT FIGURES WITHIN EACH
COMMUNITY DISTRICT AND THE POTENTIAL DISPARITY OF SUCH ENROLLMENT FROM
SCHOOL TO SCHOOL WITHIN THE DISTRICT, AND SHALL ENSURE THAT, TO THE
EXTENT POSSIBLE, A SCHOOL MAY HAVE NO MORE THAN ONE PARENT REPRESEN-
TATIVE ON THE COMMUNITY COUNCIL.
S. 5719 12
(D) PROMULGATE RULES AND REGULATIONS REQUIRING FINANCIAL DISCLOSURE BY
THE NOMINEES AND POLICIES PROHIBITING POLITICAL ENDORSEMENTS OF AND
CAMPAIGN CONTRIBUTIONS TO NOMINEES.
(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.
5. PRIOR TO THE ADOPTION OF THE PROCESSES, PROCEDURES, RULES OR REGU-
LATIONS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION, THE COMMISSIONER
SHALL ENSURE THAT THERE IS AN INCLUSIVE PUBLIC PROCESS WHICH ALLOWS FOR
SUFFICIENT PUBLIC INPUT FROM PARENTS AND THE COMMUNITY INCLUDING PUBLIC
HEARINGS. ALL SUCH PROCESSES, PROCEDURES, RULES OR REGULATIONS MUST BE
FINAL IN SUFFICIENT TIME TO ASSURE FOR AN ORDERLY IMPLEMENTATION AND
NOTIFICATION OF SUCH PROCESSES, PROCEDURES, RULES OR REGULATIONS TO
ALLOW FOR FULL COMMUNITY PARTICIPATION IN THE NOMINATION AND SELECTION
PROCESSES AND PROCEDURES.
S 2590-E. BY-LAWS; REGULATIONS AND DECISIONS. 1. THE CITY BOARD AND
THE COMMISSIONER 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 BOARD, THE
OFFICE OF THE COMMISSIONER OF EDUCATION, AND THE LEGISLATIVE LIBRARY IN
ALBANY, AND AT SUCH OTHER PLACES AS THE CITY BOARD MAY DEEM PROPER.
2. EACH COMMUNITY BOARD 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. 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 BOARD. SUCH BY-LAWS SHALL INCLUDE, BUT NOT
BE LIMITED TO THE FOLLOWING REQUIREMENTS:
(A) THAT THERE SHALL BE A PARENTS' ASSOCIATION OR A PARENT-TEACHERS'
ASSOCIATION IN EACH SCHOOL UNDER ITS JURISDICTION.
(B) THAT THE BOARD, THE COMMUNITY SUPERINTENDENT AND THE PRINCIPAL OF
EACH SCHOOL SHALL HAVE REGULAR COMMUNICATION WITH ALL PARENTS' ASSOCI-
ATIONS AND PARENT-TEACHERS' ASSOCIATIONS WITHIN THE COMMUNITY DISTRICT,
AND MEET WITH THEIR ELECTED OFFICERS AT LEAST QUARTERLY DURING THE
SCHOOL YEAR, TO THE END THAT SUCH ASSOCIATIONS ARE PROVIDED WITH FULL
FACTUAL INFORMATION PERTAINING TO MATTERS OF PUPIL ACHIEVEMENT, INCLUD-
ING BUT NOT LIMITED TO: ANNUAL READING SCORES, COMPARISON OF THE
ACHIEVEMENT OF PUPILS IN COMPARABLE GRADES AND SCHOOLS, AS WELL AS THE
RECORD OF ACHIEVEMENT OF THE SAME CHILDREN AS THEY PROGRESS THROUGH THE
SCHOOL; PROVIDED, HOWEVER, THAT SUCH RECORD AND SCORES SHALL NOT BE
DISCLOSED IN A MANNER WHICH WILL IDENTIFY INDIVIDUAL PUPILS.
(C) THAT DISTRICTS IMPLEMENT A PROCESS FOR COMMUNITY INVOLVEMENT IN
CONNECTION WITH THE PERIODIC RECOMMENDATION OF SUPERINTENDENT CANDIDATES
TO THE COMMISSIONER PURSUANT TO REGULATIONS OF THE COMMISSIONER, SUBJECT
TO THE REVIEW AND APPROVAL OF THE COMMISSIONER, AND SUCH INVOLVEMENT IN
CONNECTION WITH THE PERIODIC REVIEW OF THE SUPERINTENDENT'S PERFORMANCE.
(D) THAT ALL MEETINGS OF THE COMMUNITY BOARD BE SUBJECT TO ARTICLE
SEVEN OF THE PUBLIC OFFICERS LAW.
3. COPIES OF ALL WRITTEN DECISIONS RENDERED BY THE CITY BOARD ACTING
AS AN APPEAL BOARD AND COPIES OF ALL WRITTEN DECISIONS RENDERED BY THE
S. 5719 13
COMMISSIONER PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-L OF THIS
ARTICLE SHALL BE PUBLISHED, INDEXED AND REVISED AT LEAST SEMI-ANNUALLY.
COPIES OF SAID DECISIONS SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION
AT THE OFFICES OF THE CITY BOARD, EACH COMMUNITY BOARD, THE OFFICE OF
THE COMMISSIONER OF EDUCATION, AND AT SUCH OTHER PLACES AS THE CITY
BOARD SHALL DEEM PROPER.
S 2590-F. POWERS AND DUTIES OF COMMUNITY BOARDS. EACH COMMUNITY BOARD
SHALL HAVE THE FOLLOWING POWERS AND DUTIES TO ESTABLISH EDUCATIONAL
POLICIES AND OBJECTIVES, NOT INCONSISTENT WITH THE PROVISIONS OF THIS
ARTICLE AND THE POLICIES ESTABLISHED BY THE CITY BOARD, WITH RESPECT TO
ALL PRE-KINDERGARTEN, NURSERY, KINDERGARTEN, ELEMENTARY, INTERMEDIATE
AND JUNIOR HIGH SCHOOLS AND PROGRAMS IN CONNECTION THEREWITH IN THE
COMMUNITY DISTRICT. THE COMMUNITY BOARDS SHALL HAVE NO EXECUTIVE OR
ADMINISTRATIVE POWERS OR FUNCTIONS, BUT SHALL HAVE THE FOLLOWING POWERS
AND DUTIES:
1. EMPLOY A COMMUNITY SUPERINTENDENT, SELECTED BY THE COMMISSIONER, BY
CONTRACT FOR A TERM NOT TO EXCEED FIVE YEARS THE TERM OF OFFICE OF THE
COMMUNITY SCHOOL BOARD AUTHORIZING SUCH CONTRACT, SUBJECT TO REMOVAL FOR
CAUSE, AT A SALARY TO BE FIXED WITHIN THE BUDGETARY ALLOCATION THEREFOR,
SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION TWENTY-FIVE
HUNDRED NINETY-J OF THIS ARTICLE. CONSISTENT WITH PROCEDURES OF THE
COMMISSIONER ESTABLISHING A PUBLICLY INCLUSIVE PROCESS FOR THE RECRUIT-
MENT, SCREENING AND SELECTION OF SUPERINTENDENT CANDIDATES, AND REGU-
LATIONS ESTABLISHING EDUCATIONAL, MANAGERIAL, AND ADMINISTRATIVE QUALI-
FICATIONS AND PERFORMANCE RECORD CRITERIA FOR SUCH POSITION, THE
COMMUNITY BOARD SHALL SELECT NO MORE THAN FOUR FINAL CANDIDATES FOR
SUPERINTENDENT FROM CANDIDATES FOR APPOINTMENT PURSUANT TO SECTION TWEN-
TY-FIVE HUNDRED NINETY-U OF THIS ARTICLE, WHO SHALL HAVE BEEN INTER-
VIEWED AND SCREENED BY AND WITH THE ASSISTANCE OF PARENTS, TEACHERS,
REPRESENTATIVES OF SCHOOL SUPPORT PERSONNEL, AND ADMINISTRATORS, AND
FORWARD SUCH NAMES, TO THE COMMISSIONER FOR SELECTION TOGETHER WITH THE
REASONS FOR THE RECOMMENDATION OF SUCH CANDIDATES. IF THE COMMISSIONER
SHOULD REJECT ALL THE CANDIDATES FOR WRITTEN REASONS WITHIN THIRTY DAYS
AFTER THE RECEIPT OF THE PROPOSED NAMES, THE COMMUNITY BOARD SHALL MAKE
ANOTHER SELECTION OF NO MORE THAN FOUR NEW NAMES CONSISTENT WITH SUCH
PROCEDURES AND REGULATIONS, UNTIL THE COMMISSIONER SELECTS A CANDIDATE.
THE CONTRACT OF EMPLOYMENT SHALL BE CONSISTENT WITH A MODEL CONTRACT
PROMULGATED BY THE COMMISSIONER WHICH SHALL INCLUDE PROVISIONS FOR REAP-
POINTMENT.
2. PROMOTE ACHIEVEMENT OF EDUCATIONAL STANDARDS AND OBJECTIVES RELAT-
ING TO THE INSTRUCTION OF STUDENTS.
3. COOPERATE AS REQUIRED BY THE COMMISSIONER IN THE REMOVAL FROM
OFFICE PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-L OF THIS ARTICLE
OF ANY COMMUNITY BOARD MEMBER FOR WILLFUL, INTENTIONAL OR KNOWING
INVOLVEMENT IN THE HIRING, APPOINTMENT OR ASSIGNMENT OF EMPLOYEES OTHER
THAN AS SPECIFICALLY AUTHORIZED IN THIS ARTICLE.
4. (A) REQUIRE COMMUNITY BOARD MEMBERS, THE COMMUNITY SUPERINTENDENT,
AND ANY OTHER OFFICER OR EMPLOYEE IN SCHOOLS AND PROGRAMS UNDER THE
JURISDICTION OF THE COMMUNITY BOARDS, TO MAKE ANNUAL WRITTEN DISCLOSURE,
IN ACCORDANCE WITH REGULATIONS AND BYLAWS OF THE CITY BOARD DEVELOPED IN
CONSULTATION WITH THE COMMUNITY BOARDS, TO THE COMMUNITY BOARD AND THE
CITY BOARD, OF THE FOLLOWING INFORMATION:
(1) THE EMPLOYMENT BY THE CITY SCHOOL BOARD OR ANY COMMUNITY BOARD OF
ANY PERSON RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY
TO THE PERSON MAKING DISCLOSURE, INCLUDING THE EMPLOYMENT OF ANY SUCH
PERSON FOR WHICH A TWO-THIRDS VOTE WAS REQUIRED UNDER PARAGRAPH (E) OF
S. 5719 14
SUBDIVISION FOUR OF SECTION TWENTY-FIVE HUNDRED NINETY-J OF THIS ARTICLE
WITH A NOTATION OF THE DATE SUCH VOTE WAS TAKEN.
(2) THE SOURCE OF ANY INCOME, REIMBURSEMENT, GIFT OR OTHER FORM OF
COMPENSATION FOR SERVICES RENDERED TOGETHER WITH A DESCRIPTION OF SUCH
SERVICES.
(3) THE SOURCE OF ANY FINANCIAL CONTRIBUTION MADE WITHIN THE YEAR
PRECEDING THE ELECTION OR THE TERM OF OFFICE OF A COMMUNITY BOARD MEMBER
TO ASSIST IN THE ELECTION OR REELECTION OF SUCH MEMBER OF THE COMMUNITY
BOARD, AND THE AMOUNT OF SUCH CONTRIBUTION, CONSISTENT WITH ANY APPLICA-
BLE REGULATIONS OF THE CITY BOARD AND THE BOARD OF ELECTIONS.
(B) WILLFUL OR REPEATED FAILURE TO MAKE FULL AND TIMELY DISCLOSURE
SHALL CONSTITUTE CAUSE FOR REMOVAL FROM OFFICE OF ANY MEMBER OF A COMMU-
NITY BOARD OR FOR ANY OTHER OFFICER OR EMPLOYEE DISCIPLINARY ACTION AND
SUCH OTHER PENALTY AS PROVIDED BY LAW.
(C) ALL WRITTEN DISCLOSURES REQUIRED HEREUNDER SHALL BE FILED WITH THE
COMMUNITY BOARD AND THE CITY BOARD AND SHALL BE AVAILABLE FOR PUBLIC
INSPECTION DURING REGULAR BUSINESS HOURS ON REGULAR BUSINESS DAYS.
5. REQUIRE COMMUNITY BOARD MEMBERS, CANDIDATES FOR COMMUNITY BOARDS,
THE COMMUNITY SUPERINTENDENT AND, FOR GOOD CAUSE SHOWN, ANY OTHER OFFI-
CER OR EMPLOYEE IN SCHOOLS AND PROGRAMS UNDER THE JURISDICTION OF THE
COMMUNITY BOARDS TO SUBMIT TO THE CITY BOARD AND THE COMMUNITY BOARDS,
IN ACCORDANCE WITH REGULATIONS AND BYLAWS OF THE CITY BOARD DEVELOPED IN
CONSULTATION WITH THE COMMUNITY BOARDS, FINANCIAL REPORTS FOR THEMSELVES
AND THEIR SPOUSES, PROVIDED THAT IN THE CASE OF COMMUNITY BOARD MEMBERS
AND CANDIDATES FOR COMMUNITY BOARDS THE STATEMENT OF FINANCIAL DISCLO-
SURE AND THE FREQUENCY WITH WHICH IT MUST BE FILED MUST SATISFY AT LEAST
THE REQUIREMENTS AND STANDARDS FOR DISCLOSURE OF SECTION SEVENTY-THREE-A
OF THE PUBLIC OFFICERS LAW.
(A) THE FREQUENCY AND PERIOD OF COVERAGE, THE DESIGNATION OF PERSONS
TO SUBMIT SUCH REPORTS BY NAME, TITLE OR INCOME LEVEL OR BY A COMBINA-
TION THEREOF, AND THE CONTENT OF SUCH REPORTS, INCLUDING MINIMUM DOLLAR
AMOUNTS, SHALL BE DETERMINED BY THE CITY BOARD.
(B) WILLFUL OR REPEATED FAILURE TO FILE REQUIRED FINANCIAL REPORTS OR
MAKE OTHER REQUIRED DISCLOSURES SHALL CONSTITUTE CAUSE FOR REMOVAL FROM
OFFICE OF ANY MEMBER OF A COMMUNITY BOARD OR FOR ANY OTHER OFFICER OR
EMPLOYEE DISCIPLINARY ACTION AND SUCH OTHER PENALTY AS PROVIDED BY LAW.
NO PERSON MAY ASSUME OFFICE AS A COMMUNITY BOARD MEMBER WITHOUT PREVI-
OUSLY COMPLYING WITH THIS SUBDIVISION, AND WITH ALL APPLICABLE FINANCIAL
DISCLOSURE REQUIREMENTS PROMULGATED BY THE BOARD OF ELECTIONS.
6. PARTICIPATE IN TRAINING AND CONTINUING EDUCATION PROGRAMS PURSUANT
TO THE PROVISIONS OF THIS SUBDIVISION.
(A) COMMUNITY BOARD MEMBERS SHALL PARTICIPATE IN TRAINING TO ACQUAINT
THEM WITH THE POWERS, FUNCTIONS AND DUTIES OF COMMUNITY BOARD MEMBERS,
AS WELL AS THE POWERS OF OTHER GOVERNING AND ADMINISTERING AUTHORITIES
THAT AFFECT EDUCATION INCLUDING THE POWERS OF THE COMMISSIONER, CITY
BOARD, AND COMMUNITY SUPERINTENDENTS. SUCH PARTICIPATION SHALL BE
COMPLETED NO LATER THAN SIX MONTHS FROM THE DATE IN WHICH A COMMUNITY
BOARD MEMBER TAKES OFFICE FOR THE FIRST TIME.
(B) EACH COMMUNITY BOARD MEMBER SHALL BE REQUIRED TO PARTICIPATE IN
CONTINUING EDUCATION PROGRAMS ON AN ANNUAL BASIS AS DEFINED BY THE
COMMISSIONER. PARTICIPATION IN TRAINING PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION BY A COMMUNITY BOARD MEMBER WHO TAKES OFFICE FOR THE
FIRST TIME SHALL BE DEEMED TO SATISFY THE REQUIREMENTS OF THIS SUBDIVI-
SION FOR THE FIRST YEAR OF SUCH MEMBER'S TERM.
(C) SUCH TRAINING AND CONTINUING EDUCATION PROGRAMS SHALL BE APPROVED
BY THE COMMISSIONER AND MAY BE PROVIDED BY THE STATE EDUCATION DEPART-
S. 5719 15
MENT, THE CITY BOARD OR A NONPROFIT PROVIDER AUTHORIZED BY THE COMMIS-
SIONER TO PROVIDE SUCH TRAINING AND CONTINUING EDUCATION PROGRAMS.
(D) THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS REGARDING
PROVIDERS AND THEIR CERTIFICATION, THE CONTENT AND IMPLEMENTATION OF THE
TRAINING AND CONTINUING EDUCATION PROGRAMS.
(E) SUCH TRAINING AND CONTINUING EDUCATION PROGRAMS SHALL BE OFFERED
ON AN ANNUAL BASIS OR MORE FREQUENTLY, AS NEEDED, TO ENABLE COMMUNITY
BOARD MEMBERS TO COMPLY WITH THIS SUBDIVISION.
(F) FAILURE OF COMMUNITY BOARD MEMBERS TO COMPLY WITH THE TRAINING AND
CONTINUING EDUCATION REQUIREMENTS MANDATED BY THIS SUBDIVISION SHALL
CONSTITUTE CAUSE FOR REMOVAL FROM OFFICE PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-L OF THIS ARTICLE.
7. EACH YEAR PREPARE A SCHOOL DISTRICT REPORT CARD 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 AND MAKING IT AVAILABLE FOR DISTRIBUTION AT
THE ANNUAL MEETING. 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. THE
REPORT CARD SHALL ALSO COMPARE THESE MEASURES TO STATEWIDE AVERAGES FOR
ALL PUBLIC SCHOOLS, AND STATEWIDE AVERAGES FOR PUBLIC SCHOOLS OF COMPA-
RABLE WEALTH AND NEED. 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. SCHOOL DISTRICTS (A) IDENTIFIED AS
HAVING FIFTEEN PERCENT OR MORE OF THEIR STUDENTS IN SPECIAL EDUCATION,
OR (B) WHICH HAVE FIFTY PERCENT OR MORE OF THEIR STUDENTS WITH DISABILI-
TIES IN SPECIAL EDUCATION PROGRAMS OR SERVICES SIXTY PERCENT OR MORE OF
THE SCHOOL DAY IN A GENERAL EDUCATION BUILDING, OR (C) WHICH HAVE EIGHT
PERCENT OR MORE OF THEIR STUDENTS WITH DISABILITIES IN SPECIAL EDUCATION
PROGRAMS IN PUBLIC OR PRIVATE SEPARATE EDUCATIONAL SETTINGS SHALL INDI-
CATE ON THEIR SCHOOL DISTRICT REPORT CARD THEIR RESPECTIVE PERCENTAGES
AS DEFINED IN THIS PARAGRAPH AND PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION AS COMPARED TO THE STATEWIDE AVERAGE.
8. TO EMPLOY OR RETAIN COUNSEL SUBJECT TO THE POWERS AND DUTIES OF THE
CORPORATION COUNSEL OF THE CITY OF NEW YORK TO BE THE DISTRICT'S ATTOR-
NEY AND COUNSEL PURSUANT TO SUBDIVISION A OF SECTION THREE HUNDRED NINE-
TY-FOUR OF THE NEW YORK CITY CHARTER IN ACTIONS OR PROCEEDINGS IN WHICH
THE BOARD OR ANY MEMBER THEREOF IS A DEFENDANT OR A RESPONDENT.
9. WHERE THE DISTRICT HAS PROVIDED TRANSPORTATION TO STUDENTS ENROLLED
IN SUCH DISTRICT TO A SCHOOL SPONSORED FIELD TRIP, EXTRACURRICULAR
ACTIVITY OR ANY OTHER SIMILAR EVENT, IT SHALL PROVIDE TRANSPORTATION
BACK TO EITHER THE POINT OF DEPARTURE OR TO THE APPROPRIATE SCHOOL IN
THE DISTRICT, UNLESS THE PARENT OR LEGAL GUARDIAN OF A STUDENT PARTIC-
IPATING IN SUCH EVENT HAS PROVIDED THE SCHOOL DISTRICT WITH WRITTEN
NOTICE, CONSISTENT WITH DISTRICT POLICY, AUTHORIZING AN ALTERNATIVE FORM
OF RETURN TRANSPORTATION FOR SUCH STUDENT OR UNLESS INTERVENING CIRCUM-
STANCES MAKE SUCH TRANSPORTATION IMPRACTICAL. IN CASES WHERE INTERVENING
CIRCUMSTANCES MAKE TRANSPORTATION OF A STUDENT BACK TO THE POINT OF
DEPARTURE OR TO THE APPROPRIATE SCHOOL IN THE DISTRICT IMPRACTICAL, A
REPRESENTATIVE OF THE SCHOOL DISTRICT SHALL REMAIN WITH THE STUDENT
UNTIL SUCH STUDENT'S PARENT OR LEGAL GUARDIAN HAS BEEN (A) CONTACTED AND
INFORMED OF THE INTERVENING CIRCUMSTANCES WHICH MAKE SUCH TRANSPORTATION
IMPRACTICAL AND (B) SUCH STUDENT HAD BEEN DELIVERED TO HIS OR HER PARENT
OR LEGAL GUARDIAN.
S. 5719 16
S 2590-G. POWERS AND DUTIES OF THE CITY BOARD OF EDUCATIONAL POLICY.
THE CITY BOARD SHALL ADVISE THE COMMISSIONER ON MATTERS OF POLICY
AFFECTING THE WELFARE OF THE CITY SCHOOL DISTRICT AND ITS PUPILS. EXCEPT
AS OTHERWISE PROVIDED BY LAW, THE BOARD SHALL EXERCISE NO EXECUTIVE
POWER AND PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTIONS. THE BOARD
SHALL HAVE THE POWER AND DUTY TO:
1. (A) APPROVE STANDARDS, POLICIES, OBJECTIVES AND REGULATIONS
PROPOSED BY THE COMMISSIONER DIRECTLY RELATED TO EDUCATIONAL ACHIEVEMENT
AND STUDENT PERFORMANCE;
(B) APPROVE STANDARDS, POLICIES, OBJECTIVES AND REGULATIONS DIRECTLY
RELATED TO MAINTAINING THE INTERNAL FISCAL INTEGRITY OF ADMINISTRATIVE
OPERATIONS BY THE COMMISSIONER, THE COMMUNITY DISTRICTS AND THE SCHOOLS;
AND
(C) CONSIDER AND APPROVE ANY OTHER STANDARDS, POLICIES, OBJECTIVES AND
REGULATIONS AT THE REQUEST OF THE COMMISSIONER, OR OTHERWISE ONLY AS
SPECIFICALLY AUTHORIZED OR REQUIRED BY STATE OR FEDERAL LAW OR REGU-
LATION;
2. FOR ALL PURPOSES, BE THE GOVERNMENT OR PUBLIC EMPLOYER OF ALL
PERSONS APPOINTED OR ASSIGNED BY THE CITY BOARD OR THE COMMUNITY
DISTRICTS;
3. SERVE AS THE APPEAL BOARD AS PROVIDED IN SECTION TWENTY-FIVE
HUNDRED NINETY-L OF THIS ARTICLE, AND SUBJECT TO SUCH POWERS, DUTIES AND
RESTRICTIONS AS WERE IN EFFECT BEFORE THE EFFECTIVE DATE OF THIS
SECTION;
4. SUBJECT TO THE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED NINETY-I
OF THIS ARTICLE, MAINTAIN SUCH JURISDICTION OVER POLICIES GOVERNING THE
SPECIAL, ACADEMIC, VOCATIONAL AND OTHER HIGH SCHOOLS AUTHORIZED BY THIS
ARTICLE BEFORE THE EFFECTIVE DATE OF THIS SECTION AS THE RESPECTIVE
COMMUNITY BOARDS MAINTAIN OVER THE SCHOOLS WITHIN THEIR JURISDICTION,
WHICH SHALL NOT BE CONSTRUED TO REQUIRE OR AUTHORIZE THE DAY-TO-DAY
SUPERVISION OR THE ADMINISTRATION OF THE OPERATIONS OF SUCH SCHOOLS.
5. (A) PRESCRIBE REGULATIONS AND BYLAWS REQUIRING MEMBERS OF THE CITY
BOARD, THE COMMISSIONER, AND ANY OTHER OFFICER OR EMPLOYEE IN SCHOOLS
AND PROGRAMS UNDER THE JURISDICTION OF THE CITY BOARD AND THE COMMIS-
SIONER, TO MAKE ANNUAL WRITTEN DISCLOSURE TO THE CITY BOARD, OF THE
FOLLOWING INFORMATION:
(I) THE EMPLOYMENT BY THE CITY SCHOOL BOARD OR ANY COMMUNITY BOARD OF
ANY PERSON RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY OR AFFINITY
TO THE PERSON MAKING DISCLOSURE.
(II) THE SOURCE OF ANY INCOME, REIMBURSEMENT, GIFT OR OTHER FORM OF
COMPENSATION FOR SERVICES RENDERED TOGETHER WITH A DESCRIPTION OF SUCH
SERVICES.
(B) REGULATIONS AND BYLAWS AUTHORIZED PURSUANT TO THIS SECTION SHALL
APPLY WITH EQUAL FORCE AND EFFECT TO COMMUNITY BOARD MEMBERS, COMMUNITY
SUPERINTENDENTS AND ALL OTHER OFFICERS AND EMPLOYEES IN SCHOOLS AND
PROGRAMS UNDER THE JURISDICTION OF THE COMMUNITY BOARDS.
(C) THE CITY BOARD SHALL REVIEW, AT LEAST ONCE ANNUALLY, COMPLIANCE
WITH THE REQUIREMENTS OF SECTION TWENTY-FIVE HUNDRED NINETY-E OF THIS
ARTICLE AND REGULATIONS OR BYLAWS PRESCRIBED HEREUNDER. ANY COMMUNITY
BOARD MEMBER, COMMUNITY SUPERINTENDENT OR OTHER OFFICER OR EMPLOYEE
REQUIRED TO MAKE DISCLOSURE WHO FAILS TO MAKE SUCH DISCLOSURE SHALL BE
NOTIFIED IN WRITING OF THEIR FAILURE TO DO SO AND GIVEN THIRTY DAYS
WITHIN WHICH TO COMPLY.
(D) WILLFUL FAILURE TO MAKE FULL AND TIMELY DISCLOSURE SHALL CONSTI-
TUTE CAUSE FOR REMOVAL FROM OFFICE OF ANY MEMBER OF THE CITY BOARD OR
S. 5719 17
FOR ANY OTHER OFFICER OR EMPLOYEE DISCIPLINARY ACTION AND SUCH OTHER
PENALTY AS PROVIDED BY LAW.
(E) DISCLOSURES MADE PURSUANT TO THE REQUIREMENTS IN THIS SECTION AND
ANY NOTIFICATION OF FAILURE TO MAKE DISCLOSURES SHALL BE MADE AVAILABLE
FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS ON REGULAR BUSINESS
DAYS; AND
6. (A) PRESCRIBE REGULATIONS AND BYLAWS REQUIRING MEMBERS OF THE CITY
BOARD, THE COMMISSIONER AND, FOR GOOD CAUSE SHOWN, ANY OTHER OFFICER OR
EMPLOYEE IN SCHOOLS AND PROGRAMS UNDER THE JURISDICTION OF THE CITY
BOARD AND THE COMMISSIONER, TO SUBMIT TO THE CITY BOARD, IN THE
DISCRETION OF THE CITY BOARD, FINANCIAL REPORTS FOR THEMSELVES AND THEIR
SPOUSES.
(B) THE FREQUENCY AND PERIOD OF COVERAGE, THE DESIGNATION OF PERSONS
TO SUBMIT SUCH REPORTS BY NAME, TITLE OR INCOME LEVEL OR BY A COMBINA-
TION THEREOF, AND THE CONTENT OF SUCH REPORTS, INCLUDING MINIMUM DOLLAR
AMOUNTS, SHALL BE DETERMINED BY THE CITY BOARD AND SUCH REPORTS MAY
INCLUDE BUT NOT NECESSARILY BE LIMITED TO THE FOLLOWING:
(I) AMOUNT AND SOURCE OF INCOME FOR SERVICES RENDERED, TOGETHER WITH A
DESCRIPTION OF SUCH SERVICES;
(II) AMOUNT AND SOURCE OF GIFTS, CAPITAL GAINS, REIMBURSEMENTS FOR
EXPENDITURES, AND HONORARIA;
(III) INVESTMENTS IN SECURITIES AND REAL PROPERTY;
(IV) AMOUNT OF DEBTS AND NAMES OF CREDITORS;
(V) OUTSTANDING LOANS AND OTHER FORMS OF INDEBTEDNESS DUE TO PERSON
REPORTING OR SPOUSE, BY NAME AND AMOUNTS;
(VI) TRUSTS AND OTHER FIDUCIARY RELATIONSHIPS AND THEIR ASSETS IN
WHICH A BENEFICIAL INTEREST IS HELD.
(C) REGULATIONS AND BYLAWS AUTHORIZED HEREIN SHALL APPLY WITH EQUAL
FORCE AND EFFECT TO COMMUNITY BOARD MEMBERS, COMMUNITY SUPERINTENDENTS
AND ALL OTHER OFFICERS AND EMPLOYEES IN SCHOOLS AND PROGRAMS UNDER THE
JURISDICTION OF THE COMMUNITY BOARDS.
(D) WILLFUL FAILURE TO FILE REQUIRED FINANCIAL REPORTS SHALL CONSTI-
TUTE CAUSE FOR REMOVAL FROM OFFICE OF ANY MEMBER OF THE CITY BOARD OR
FOR ANY OTHER OFFICER OR EMPLOYEE DISCIPLINARY ACTION AND SUCH OTHER
PENALTY AS PROVIDED BY LAW.
S 2590-H. COMPOSITION OF COMMUNITY DISTRICT EDUCATION COUNCIL. 1.
EACH COMMUNITY DISTRICT EDUCATION COUNCIL SHALL BE GOVERNED BY A BOARD
TO CONSIST OF PARENT REPRESENTATIVES FROM EACH SCHOOL IN THE DISTRICT.
THE MEMBERS SHALL SERVE TERMS OF THREE YEARS OR UNTIL THEIR CHILD NO
LONGER ATTENDS THE SCHOOL THEY REPRESENT.
2. ON THE FIRST TUESDAY IN MAY COMMENCING WITH THE YEAR TWO THOUSAND
TEN AND EVERY THIRD YEAR THEREAFTER OR, WHEN A VACANCY OCCURS, IN THAT
YEAR, AND EVERY THIRD YEAR FOLLOWING THAT, EACH SCHOOL SHALL HOLD AN
ELECTION FOR A TERM COMMENCING ON THE FIRST DAY OF JULY NEXT SUCCEEDING.
3. PARENTS OF CHILDREN ATTENDING THE SCHOOL ARE ELIGIBLE VOTERS.
4. EACH SCHOOL ELECTION SHALL BE BY BALLOT.
5. PARENTS WHO WISH TO HAVE THEIR NAME PLACED IN NOMINATION SHALL
NOTIFY THE PRINCIPAL'S OFFICE THIRTY DAYS IN ADVANCE, IN WRITING, OF
THEIR INTENTION TO BE A CANDIDATE. NOTWITHSTANDING THE FOREGOING, THE
BALLOT SHALL CONTAIN A SPACE FOR A WRITE-IN CANDIDATE.
6. THE CANDIDATE WITH THE GREATEST NUMBER OF VOTES SHALL BE ELECTED TO
REPRESENT THE SCHOOL ON THE BOARD.
7. ALL ELECTION RECORDS, BALLOTS AND OTHER MATERIAL SHALL BE PRESERVED
BY THE SCHOOL AND THE BOARD FOR A PERIOD OF TWENTY-FOUR MONTHS.
8. ALL ELECTIONS SHALL BE REVIEWABLE IN THE SUPREME COURT UNDER ARTI-
CLE SIXTEEN OF THE ELECTION LAW.
S. 5719 18
9. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE COMMUNI-
TY BOARD MAY APPOINT A BOARD SECRETARY, PURSUANT TO THE POLICIES OF THE
CITY BOARD, WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
(A) PREPARE MEETING NOTICES, AGENDAS AND MINUTES; AND
(B) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER BOARD MEET-
INGS.
EACH BOARD SHALL BE RESPONSIBLE FOR THE APPOINTMENT, SUPERVISION,
EVALUATION AND DISCHARGE OF THE BOARD SECRETARY.
10. (A) EACH COMMUNITY BOARD SHALL PREPARE AND SUBMIT TO THE CITY
BOARD MONTHLY A PERFORMANCE REPORT. THE INFORMATION PROVIDED SHALL
INCLUDE COMMUNITY BOARD MEMBERS' ATTENDANCE RECORDS; PARTICIPATION IN
COMMUNITY BOARD COMMITTEES AND OTHER COMMUNITY BOARD ACTIVITIES; VISITS
TO SCHOOLS; AND VOTING RECORDS ON MAJOR ISSUES BEFORE THE COMMUNITY
BOARD.
(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.
11. THE BOARD OF ELECTIONS SHALL PROVIDE AT THE LOCATIONS DESIGNATED
AS POLLING PLACES ON THE DAYS OF THE COMMUNITY BOARD ELECTIONS, SUFFI-
CIENT EMPLOYEES WHO HAVE RECEIVED FORMAL TRAINING REGARDING THE CONDUCT
OF COMMUNITY BOARD ELECTIONS, INCLUDING THE PROCEDURES APPLICABLE TO
PARENT VOTERS. THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL
PROVIDE POLLING PLACE EMPLOYEES WHO SPEAK OTHER LANGUAGES AS REQUIRED BY
LAW.
12. BEGINNING IN OCTOBER OF THE SCHOOL YEAR IN WHICH THE COMMUNITY
SCHOOL ELECTION WILL TAKE PLACE, AND CONTINUING UNTIL THE DATE OF
ELECTION, THE CITY BOARD SHALL ENSURE THE DISTRIBUTION OF VOTER GUIDES
TO PARENTS IN ADDITION TO INFORMATION REGARDING COMMUNITY BOARD ROLES,
FUNCTIONS, AND ACTIVITIES, INCLUDING UPCOMING ELECTIONS, VOTER REGISTRA-
TION, CANDIDATE INFORMATION, AND THE NATURE OF THE ELECTION PROCESS TO
PARENTS AND TO THE GENERAL PUBLIC THROUGH CITY-WIDE AND LOCAL MEDIA.
THE CITY BOARD AND THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHOULD
USE FOREIGN LANGUAGE AND ETHNIC NEWSPAPERS AND TELEVISION STATIONS TO
MAXIMIZE MINORITY PARTICIPATION IN THE ELECTORAL PROCESS.
13. FOR THE PURPOSES OF THIS SECTION, THE TERM "PARENT OF A CHILD"
SHALL INCLUDE A PARENT OF A CHILD WITH A DISABILITY, AS DEFINED IN ARTI-
CLE EIGHTY-NINE OF THIS CHAPTER.
S 2590-I. POWERS AND DUTIES OF SCHOOLS; PRINCIPALS; PROVISIONS FOR THE
TRANSFER OF JURISDICTION OF HIGH SCHOOLS. 1. THE PRINCIPAL SHALL BE THE
ADMINISTRATIVE AND INSTRUCTIONAL LEADER OF THE SCHOOL. SUBJECT TO THE
REGULATIONS OF THE COMMISSIONER 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 AND OTHER STAFF TO:
(A) PROMOTE AN EQUAL EDUCATIONAL OPPORTUNITY FOR STUDENTS IN THE
SCHOOL,
(B) SUBJECT TO SCHOOL-BASED BUDGETING PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-R OF THIS ARTICLE,
(C) SUBJECT TO COLLECTIVE BARGAINING OBLIGATIONS AND AGREEMENTS, THE
BUDGET APPLICABLE TO THE SCHOOL, AND THE OTHER PROVISIONS OF THIS ARTI-
CLE INCLUDING SECTION TWENTY-FIVE HUNDRED NINETY-J OF THIS ARTICLE, TO
MAKE RECOMMENDATION ON STAFF SELECTION, INCLUDING THROUGH THE ESTABLISH-
MENT OF APPROPRIATE OBJECTIVE CRITERIA CONSISTENT WITH COMMISSIONER'S
REGULATIONS FOR FILLING VACANCIES BASED UPON THE SCHOOL'S INSTRUCTIONAL
AND FACILITY NEEDS,
S. 5719 19
(D) SUBJECT TO THE STANDARDS AND ASSESSMENTS PROMULGATED BY THE
COMMISSIONER, TO DEVELOP SCHOOL-BASED CURRICULA AND SYLLABI FOR INSTRUC-
TION, AND TO ADDRESS OTHER MATTERS RELATING TO THE INSTRUCTION OF
STUDENTS, INCLUDING THE SELECTION OF TEXTS FROM LISTS APPROVED BY THE
COMMISSIONER AND INSTRUCTIONAL MATERIALS, CONSISTENT WITH REGULATIONS OF
THE COMMISSIONER, AND SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT,
(E) SUBJECT TO THE APPROVAL OF THE SUPERINTENDENT AND WITHIN THE
LIMITS OF FUNDS MADE AVAILABLE THEREFOR, TO ENHANCE TEACHER AND STAFF
DEVELOPMENT RELEVANT TO INCREASING STUDENT ACHIEVEMENT, SUPPORT EXTENDED
DAY PROGRAMS, SCHOOL REFORM PROGRAMS, AND PUPIL-SUPPORT SERVICES,
(F) ENHANCE PUPIL SUPPORT SERVICES BY COORDINATING RELATED PROGRAMS,
(G) TO MAKE OR ARRANGE FOR MINOR REPAIRS AS DELEGATED BY THE COMMIS-
SIONER OR SUPERINTENDENT PURSUANT TO REGULATIONS OF THE COMMISSIONER,
(H) 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 COMMISSIONER OR THE SUPERINTEN-
DENT,
(I) TO MANAGE AND OPERATE THE SCHOOL BUILDING AND OTHER FACILITIES
UNDER ITS JURISDICTION.
2. (A) THE PRINCIPAL MAY BE REMOVED OR TRANSFERRED BY THE SUPERINTEN-
DENT OR THE COMMISSIONER FOR PERSISTENT EDUCATIONAL FAILURE OF THE
SCHOOL OR OTHER CAUSE. REMOVALS MAY BE CAUSED PURSUANT TO SECTION THREE
THOUSAND TWENTY-A OF THIS CHAPTER IF APPLICABLE. ANY SUCH REMOVAL OR
TRANSFER MAY BE APPEALED TO THE CITY BOARD, DURING WHICH TIME THE SUPER-
INTENDENT MAY APPOINT AN ACTING PRINCIPAL SUBJECT TO THE APPROVAL OF THE
COMMISSIONER. PERSISTENT EDUCATIONAL FAILURE OF THE SCHOOL SHALL BE
DEFINED IN REGULATIONS OF THE COMMISSIONER TO INCLUDE A PATTERN OF POOR
OR DECLINING ACHIEVEMENT; A PATTERN OF POOR OR DECLINING ATTENDANCE;
DISRUPTION OR VIOLENCE; AND CONTINUING FAILURE TO MEET COMMISSIONER'S
PERFORMANCE STANDARDS OR OTHER STANDARDS.
(B) THE PRINCIPAL MAY BE REQUIRED BY THE COMMISSIONER OR THE SUPER-
INTENDENT TO PARTICIPATE IN TRAINING OR OTHER FORMS OF STAFF DEVELOPMENT
OR TO ADDRESS IDENTIFIED AREAS OF EDUCATIONAL NEED AND PROMOTE STUDENT
ACHIEVEMENT AND SCHOOL PERFORMANCE.
(C) PRINCIPALS SHALL BE SELECTED CONSISTENT WITH REGULATIONS OF THE
COMMISSIONER ESTABLISHING A PROCESS THAT PROMOTES PARENTAL AND STAFF
INVOLVEMENT IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
TION OF CANDIDATES. CANDIDATES MUST MEET THE REQUIREMENTS OF REGULATIONS
OF THE COMMISSIONER AND THE CITY BOARD ESTABLISHING EDUCATIONAL, MANAGE-
RIAL, AND ADMINISTRATIVE QUALIFICATIONS, INCLUDING EVALUATION OF EACH
CANDIDATE'S RECORD OF PERFORMANCE IN COMPARABLE POSITIONS. IN THE CASE
OF SCHOOLS UNDER THE JURISDICTION OF THE COMMUNITY DISTRICTS, A CANDI-
DATE APPROVED BY A COMMUNITY SUPERINTENDENT MAY NONETHELESS, BEFORE
ASSUMING THE POSITION, BE REJECTED BY THE COMMISSIONER FOR CAUSE.
3. PROVISIONS FOR TRANSFER OF JURISDICTION OF HIGH SCHOOLS. PURSUANT
TO REGULATIONS OF THE COMMISSIONER APPROVED BY THE CITY BOARD, ANY HIGH
SCHOOL, OTHER THAN A SPECIAL SENIOR ACADEMIC OR VOCATIONAL HIGH SCHOOL
OF CITY-WIDE COMPETITIVE ADMISSION, MAY BE TRANSFERRED FROM THE JURIS-
DICTION OF THE CITY BOARD TO THE JURISDICTION OF THE COMMUNITY DISTRICT
IN WHICH IT IS LOCATED, OR FROM SUCH COMMUNITY DISTRICT TO THE CITY
BOARD, UPON THE CONSENT OF THE COMMISSIONER AND THE COMMUNITY SUPER-
INTENDENT. IN SUCH EVENT, THE COMMISSIONER AND THE SUPERINTENDENT SHALL
PROMPTLY TAKE ALL NECESSARY STEPS TO EFFECTUATE THE TRANSFER.
S 2590-J. APPOINTMENT AND REMOVAL OF PERSONS IN THE TEACHING AND
SUPERVISORY SERVICE. 1. PERSONS IN THE TEACHING AND SUPERVISORY SERVICE
S. 5719 20
IN ALL SCHOOLS IN THE CITY SYSTEM SHALL BE APPOINTED AS PRESCRIBED BY
THIS SECTION.
2. THE COMMISSIONER SHALL PROMULGATE MINIMUM EDUCATION AND EXPERIENCE
REQUIREMENTS FOR ALL TEACHING AND SUPERVISORY SERVICE POSITIONS WHICH
SHALL NOT BE LESS THAN MINIMUM STATE REQUIREMENTS FOR CERTIFICATION, AND
WITH THE APPROVAL OF THE CITY BOARD SHALL CREATE AND ABOLISH THE TITLES
OF ALL POSITIONS IN THE TEACHING AND SUPERVISORY SERVICE.
3. (A) THE COMMISSIONER SHALL APPOINT AND ASSIGN TEACHERS FOR ALL
SCHOOLS AND PROGRAMS UNDER THE JURISDICTION OF THE CITY BOARD FROM
ELIGIBLE LISTS OF PROSPECTIVE APPOINTEES SELECTED BY RANDOM SELECTION
FROM QUALIFYING ELIGIBLE LISTS.
(B) THE COMMISSIONER SHALL APPOINT AND ASSIGN ALL SUPERVISORY PERSON-
NEL FOR ALL SCHOOLS AND PROGRAMS UNDER THE JURISDICTION OF THE CITY
BOARD FROM PERSONS ON QUALIFYING ELIGIBLE LISTS.
(C) CONSISTENT WITH THE PROVISIONS OF SECTIONS TWENTY-FIVE HUNDRED
NINETY-F AND TWENTY-FIVE HUNDRED NINETY-I OF THIS ARTICLE, THE DISTRICT
SUPERINTENDENT SHALL APPOINT TEACHERS FOR ALL SCHOOLS AND PROGRAMS UNDER
THE COMMUNITY DISTRICT'S JURISDICTION WHO ARE ASSIGNED TO THE DISTRICT
BY THE COMMISSIONER FROM ELIGIBLE LISTS OF PROSPECTIVE APPOINTEES
SELECTED BY RANDOM SELECTION FROM QUALIFYING ELIGIBLE LISTS. INSOFAR AS
PRACTICABLE THE COMMISSIONER, WHEN MAKING SUCH ASSIGNMENTS SHALL GIVE
EFFECT TO THE REQUESTS FOR ASSIGNMENT OF SPECIFIC PERSONS BY THE COMMU-
NITY SUPERINTENDENT. THE COMMUNITY SUPERINTENDENT SHALL APPOINT SUCH
TEACHERS TO SCHOOLS WITHIN SUCH DISTRICT WITHIN THIRTY DAYS IF SUCH
APPOINTMENT IS TO BE EFFECTIVE ON A DATE SUBSEQUENT THERETO AND WITHIN
THREE DAYS IF SUCH APPOINTMENT IS TO BE EFFECTIVE IMMEDIATELY.
(D) EACH COMMUNITY SUPERINTENDENT SHALL APPOINT AND ASSIGN ALL SUPER-
VISORY PERSONNEL FOR ALL SCHOOLS AND PROGRAMS UNDER HIS OR HER JURISDIC-
TION FROM PERSONS ON QUALIFYING ELIGIBLE LISTS.
(E) NO PERSON WHO IS RELATED WITHIN THE THIRD DEGREE OF CONSANGUINITY
OR AFFINITY TO THE COMMISSIONER OR TO ANY MEMBER OF THE CITY BOARD OR TO
ANY COMMUNITY SUPERINTENDENT OR TO ANY MEMBER OF A COMMUNITY BOARD SHALL
COMMENCE EMPLOYMENT WITH THE CITY OR COMMUNITY DISTRICT OF WHICH SUCH
RELATIVE IS A MEMBER, COMMISSIONER OR SUPERINTENDENT, EXCEPT UPON THE
CONSENT OF TWO-THIRDS OF THE MEMBERS OF THE CITY BOARD OR SUCH COMMUNITY
BOARD, AS THE CASE MAY BE, TO BE DETERMINED AT A PUBLIC MEETING OF THE
CITY BOARD OR SUCH COMMUNITY BOARD.
4. (A) THE COMMISSIONER SHALL CAUSE A COMPREHENSIVE READING EXAMINA-
TION TO BE ADMINISTERED TO ALL PUPILS IN ALL SCHOOLS UNDER THE JURISDIC-
TION OF THE COMMUNITY DISTRICTS ANNUALLY. PRIOR TO OCTOBER FIRST OF
EVERY YEAR EACH SCHOOL SHALL BE RANKED IN ORDER OF THE PERCENTAGE OF
PUPILS READING AT OR ABOVE GRADE LEVEL AS DETERMINED BY SUCH EXAMINA-
TION, IN ACCORDANCE WITH RULES TO BE PROMULGATED BY THE COMMISSIONER.
(B) IF THE RANKING OF A SCHOOL UNDER THE JURISDICTION OF A COMMUNITY
DISTRICT FALLS IN THE LOWER FORTY-FIVE PERCENT OF THE RANKING OF ALL
SUCH SCHOOLS, AS PROVIDED IN PARAGRAPH (A) OF THIS SUBDIVISION, THE
COMMUNITY SUPERINTENDENT OF SUCH SCHOOL (HEREINAFTER CALLED AN ELIGIBLE
SCHOOL) MAY APPOINT TEACHERS TO SUCH SCHOOL IN CONFORMITY WITH THIS
SUBDIVISION, ANY OTHER PROVISION OF THIS SECTION OR CHAPTER NOTWITH-
STANDING, PROVIDED, THAT IN THE FIRST YEAR DURING WHICH THIS PARAGRAPH
IS OPERATIVE, ONLY A SCHOOL IN THE LOWER FORTY PERCENT SHALL BE AN
ELIGIBLE SCHOOL.
(C) THE COMMUNITY SUPERINTENDENT OF EACH ELIGIBLE SCHOOL MAY BETWEEN
OCTOBER FIRST IN THE YEAR IN WHICH THE FOREGOING EXAMINATION WAS ADMIN-
ISTERED AND THE FOLLOWING MAY FIRST, APPOINT ANY PERSON A TEACHER IN
SUCH SCHOOL FOR THE SCHOOL YEAR COMMENCING IN SEPTEMBER OF THE YEAR
S. 5719 21
FOLLOWING SUCH EXAMINATION WITHOUT REGARD TO ANY COMPETITIVE ELIGIBILITY
LISTS OR OPEN QUALIFYING LISTS ESTABLISHED PURSUANT TO THIS SECTION,
PROVIDED THAT SUCH PERSON, WILL ON THE EFFECTIVE DATE OF SUCH APPOINT-
MENT, HAVE THE EDUCATION AND EXPERIENCE QUALIFICATIONS FOR CERTIFICATION
AS A TEACHER PURSUANT TO ARTICLE SIXTY-ONE OF THIS CHAPTER AND SHALL:
(I) BE ON A QUALIFYING ELIGIBLE LIST OR BE ON AN EXISTING COMPETITIVE
ELIGIBLE LIST FOR SUCH POSITION; OR
(II) HAVE PASSED A TEST OR TESTS ACCEPTABLE TO THE COMMISSIONER AT A
PASS MARK ESTABLISHED BY THE COMMISSIONER. THIS PARAGRAPH SHALL NOT
RESTRICT THE RIGHT OF THE COMMISSIONER TO ESTABLISH APPROPRIATE MEDICAL
REQUIREMENTS FOR ALL TEACHERS. THE COMMISSIONER SHALL CAUSE SUCH TEST OR
TESTS TO BE OFFERED AT REASONABLE INTERVALS AT ONE OR MORE CITIES IN THE
COMMONWEALTH OF PUERTO RICO.
(D) SUCH COMMUNITY SUPERINTENDENT MAY WAIVE HIS OR HER RIGHTS UNDER
PARAGRAPH (C) OF THIS SUBDIVISION AND ELECT TO APPOINT TEACHERS UNDER
PARAGRAPH (C) OF THIS SUBDIVISION.
5. IF A VACANCY EXISTS FOR A TEACHING POSITION IN ANY COMMUNITY
DISTRICT FOR WHICH THERE ARE NO NAMES ON ANY APPROPRIATE ELIGIBLE LIST
IN FORCE, THE COMMUNITY SUPERINTENDENT OF SUCH DISTRICT MAY APPOINT AND
ASSIGN ANY PERSON TO FILL SUCH POSITION WHO COMPLIES WITH PARAGRAPH (C)
OF SUBDIVISION FOUR OF THIS SECTION.
6. (A) NO MEMBER OF THE TEACHING OR SUPERVISORY STAFF OF SCHOOLS WHO
HAS SERVED THE FULL AND APPROPRIATE PROBATIONARY PERIOD PRESCRIBED BY,
OR IN ACCORDANCE WITH LAW, SHALL BE FOUND GUILTY OF ANY CHARGES EXCEPT
AFTER A HEARING AS PROVIDED BY SECTION THREE THOUSAND TWENTY-A OF THIS
CHAPTER.
(B) CHARGES MAY BE INITIATED BY THE COMMUNITY SUPERINTENDENT AGAINST
ANY SUCH EMPLOYEE FOR ANY OF THE FOLLOWING OFFENSES:
(1) UNAUTHORIZED ABSENCE FROM DUTY OR EXCESSIVE LATENESS;
(2) NEGLECT OF DUTY;
(3) CONDUCT UNBECOMING HIS OR HER POSITION, OR CONDUCT PREJUDICIAL TO
THE GOOD ORDER, EFFICIENCY OR DISCIPLINE OF THE SERVICE;
(4) INCOMPETENT OR INEFFICIENT SERVICE;
(5) A VIOLATION OF THE BY-LAWS, RULES OR REGULATIONS OF THE CITY
BOARD, COMMISSIONER, OR THE COMMUNITY BOARD; OR
(6) ANY SUBSTANTIAL CAUSE THAT RENDERS THE EMPLOYEE UNFIT TO PERFORM
HIS OR HER OBLIGATIONS PROPERLY TO THE SERVICE.
(C) THE COMMUNITY SUPERINTENDENT, IN ADVANCE OF THE FILING OF CHARGES
AND SPECIFICATIONS, SHALL INFORM THE EMPLOYEE ACCUSED AND THE COMMUNITY
BOARD OF THE NATURE OF THE COMPLAINT. NO CHARGE SHALL BE BROUGHT OUTSIDE
THE STATUTE OF LIMITATION PERIOD PROVIDED FOR IN SECTION THREE THOUSAND
TWENTY-A OF THIS CHAPTER.
(D) UPON THE SERVICE OF A COPY OF THE CHARGES UPON SUCH EMPLOYEE, THE
COMMUNITY SUPERINTENDENT MAY RECOMMEND TO THE COMMISSIONER THE SUSPEN-
SION OF ANY SUCH EMPLOYEE. IF THE COMMISSIONER SHALL DETERMINE THAT THE
NATURE OF THE CHARGE REQUIRES THE IMMEDIATE REMOVAL OF THE EMPLOYEE FROM
HIS OR HER ASSIGNED DUTIES, HE MAY SUSPEND SUCH EMPLOYEE FOR A PERIOD
NOT EXCEEDING NINETY DAYS PENDING HEARING AND DETERMINATION OF CHARGES,
PROVIDED HOWEVER, THAT SUCH EMPLOYEE SHALL BE ENTITLED TO RECEIVE FULL
COMPENSATION DURING THE PERIOD OF SUSPENSION. IN CASE THE EMPLOYEE IS
ACQUITTED, HE SHALL BE RESTORED TO HIS OR HER POSITION.
7. THE COMMUNITY SUPERINTENDENT MAY TRANSFER MEMBERS OF THE TEACHING
AND SUPERVISORY SERVICE WITHOUT THEIR CONSENT WITHIN THE DISTRICT FOR
THE FOLLOWING REASONS ONLY:
(A) DISCIPLINARY ACTION PURSUANT TO SUBDIVISION SIX OF THIS SECTION,
(B) EXCESS STAFF IN A SPECIFIC SCHOOL,
S. 5719 22
(C) TO STAFF A NEW SCHOOL, OR
(D) TO FILL A VACANCY IN ANOTHER SCHOOL WITHIN THE DISTRICT; PROVIDED,
HOWEVER, (I) THAT SUCH TRANSFERS SHALL BE MADE IN INVERSE ORDER OF
SENIORITY IN THE SCHOOL FROM WHICH MADE, (II) THAT THE SCHOOL TO WHICH
THE PERSON IS TRANSFERRED HAS A HIGHER NUMBER OF VACANT POSITIONS SUBSE-
QUENT TO SUCH TRANSFER THAN THE SCHOOL FROM WHICH TRANSFERRED, (III)
THAT THERE IS NO APPROPRIATE ELIGIBLE LIST FOR SUCH POSITION, (IV) THAT
NO OTHER QUALIFIED PERSON WITHIN THE DISTRICT MAKES APPLICATION TO FILL
SUCH POSITION, AND (V) SUCH VACANCY HAS EXISTED FOR AT LEAST TWO WEEKS.
IN EXERCISING THE POWER GRANTED IN PARAGRAPHS (B) AND (C) OF THIS
SUBDIVISION THE COMMUNITY SUPERINTENDENT SHALL COMPLY WITH ALL COLLEC-
TIVE NEGOTIATION AGREEMENTS.
8. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SEVEN OF THIS
SECTION, A COMMUNITY SUPERINTENDENT SHALL REQUEST THE COMMISSIONER TO
TRANSFER A PRINCIPAL OR TO REMOVE OR OTHERWISE DISCIPLINE THE PRINCIPAL
PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER, OR TO
REQUIRE THE PRINCIPAL TO PARTICIPATE IN TRAINING AND STAFF DEVELOPMENT,
OR TO TAKE OTHER ACTIONS TO PROMOTE STUDENT ACHIEVEMENT AND SCHOOL
PERFORMANCE, WHERE APPROPRIATE, CONSISTENT WITH THE OBLIGATIONS OF THE
SUPERINTENDENT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-F AND THE
PROVISIONS OF SECTION TWENTY-FIVE HUNDRED NINETY-I OF THIS ARTICLE.
9. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, APPOINTMENTS OF
PERSONS TO VACANCIES IN TEACHING POSITIONS IN THE CITY SYSTEM SHALL BE
MADE IN THE FOLLOWING ORDER:
(1) PERSONS WHO HAVE BEEN DISPLACED FROM OTHER POSITIONS AND PERSONS
ON PREFERRED LISTS, IN ACCORDANCE WITH THE PROVISIONS OF SECTION TWEN-
TY-FIVE HUNDRED EIGHTY-EIGHT OF THIS CHAPTER.
(2) PERSONS ON ELIGIBLE LISTS WHO WERE EMPLOYED IN THE CITY SCHOOL
DISTRICT WHO HAVE SERVED SATISFACTORILY FOR TWO TERMS AS A REGULAR
APPOINTEE OR AS A REGULAR SUBSTITUTE OR AS A PER DIEM CERTIFICATE HOLDER
IN ANY LICENSE AREA OR FOUR TERMS AS A PARAPROFESSIONAL OR SCHOOL AIDE
PROVIDED THAT SUCH SERVICE WAS NOT RENDERED MORE THAN FIVE YEARS PRIOR
TO THE DATE OF PROMULGATION OF THE QUALIFYING ELIGIBLE LIST ON WHICH
THEIR NAMES APPEAR.
(3) ALL OTHER PERSONS, AS OTHERWISE PROVIDED IN THIS CHAPTER.
(4) NOTHING CONTAINED IN SUBPARAGRAPHS TWO OR THREE OF THIS PARAGRAPH
SHALL BE CONSTRUED TO PREVENT A COMMUNITY SUPERINTENDENT OF AN ELIGIBLE
SCHOOL AS DEFINED IN SUBDIVISION FIVE OF THIS SECTION FROM ELECTING TO
APPOINT PERSONS IN THE MANNER AUTHORIZED IN SAID SUBDIVISION.
(B) SUBJECT TO THE PROVISIONS OF SUBDIVISION TWO OF SECTION
TWENTY-FIVE HUNDRED NINETY-I OF THIS ARTICLE WITH RESPECT TO PRINCIPALS,
APPOINTMENTS PURSUANT TO SUBPARAGRAPH TWO OF PARAGRAPH (A) OF THIS
SUBDIVISION SHALL BE MADE IN THE MANNER PRESCRIBED IN SUBDIVISION TEN OF
SECTION TWENTY-FIVE HUNDRED SEVENTY-THREE OF THIS CHAPTER AND IN SUBDI-
VISION FOUR OF THIS SECTION AS IF THE PERSONS COVERED BY SUCH SUBDIVI-
SIONS CONSTITUTED THE ENTIRE LIST.
S 2590-K. CONTRACTS WITH CITY UNIVERSITY OF NEW YORK FOR ADMINIS-
TRATION OF HIGH SCHOOLS. 1. THE CITY BOARD AND THE CITY UNIVERSITY OF
NEW YORK ARE HEREBY AUTHORIZED AND EMPOWERED TO ENTER INTO A CONTRACT OR
CONTRACTS WHEREBY SUCH UNIVERSITY WILL ADMINISTER NOT MORE THAN FIVE
HIGH SCHOOLS UNDER THE JURISDICTION OF THE CITY BOARD SELECTED FROM
AMONG THOSE SCHOOLS WHICH EXHIBIT THE GREATEST DEGREE OF DISADVANTAGE AS
MEASURED BY SUCH FACTORS AS THE PROPORTION OF STUDENTS EARNING GENERAL
DIPLOMAS, THE PERCENTAGE OF STUDENTS READING BELOW GRADE LEVEL, THE
ATTRITION RATE, THE PROPORTION OF STUDENTS RESIDING IN OFFICIALLY DESIG-
NATED POVERTY AREAS, AND SIMILAR MEASURES.
S. 5719 23
2. SUCH CONTRACT MAY PROVIDE FOR THE DELEGATION BY THE CITY BOARD OF
ANY OF ITS FUNCTIONS, POWERS, AND DUTIES OR OF A COMMUNITY BOARD, OR
THOSE OF THE COMMISSIONER OR A COMMUNITY SUPERINTENDENT, IN CONNECTION
WITH THE OPERATION OF SUCH HIGH SCHOOLS, TO THE CITY UNIVERSITY OF NEW
YORK, EXCEPT THE POWER TO APPOINT OR TERMINATE THE EMPLOYMENT OF ANY
EMPLOYEE. THE TERMS AND CONDITIONS OF EMPLOYMENT SHALL CONTINUE TO
REMAIN UNDER THE JURISDICTION OF THE CITY BOARD.
3. THE PROVISIONS OF SECTION SIXTY-TWO HUNDRED NINE OF THIS CHAPTER
WITH RESPECT TO THE APPORTIONMENT OF PUBLIC SCHOOL MONEYS SHALL BE
APPLICABLE TO THE HIGH SCHOOLS INCLUDED IN ANY SUCH CONTRACT OR
CONTRACTS.
S 2590-L. ENFORCEMENT OF APPLICABLE LAW, REGULATIONS AND DIRECTIVES;
ESTABLISHMENT OF APPEAL BOARD. 1. (A) IF, IN THE JUDGMENT OF THE COMMIS-
SIONER ANY COMMUNITY BOARD AND/OR SUPERINTENDENT FAILS TO COMPLY WITH
ANY APPLICABLE PROVISIONS OF LAW, BY-LAWS, RULES OR REGULATIONS, STAND-
ARDS, DIRECTIVES AND AGREEMENTS, HE OR SHE MAY, IN ADDITION TO OR AS AN
ALTERNATIVE TO ANY OTHER REMEDIES AUTHORIZED BY THIS ARTICLE, ISSUE AN
ORDER REQUIRING THE COMMUNITY BOARD AND/OR SUPERINTENDENT TO CEASE ITS
IMPROPER CONDUCT OR TO TAKE REQUIRED ACTION AND CONSISTENT WITH THE
PROVISIONS OF THIS ARTICLE AND THE EDUCATIONAL AND OPERATIONAL POLICIES
OF THE CITY BOARD, MAY ENFORCE THAT ORDER BY THE USE OF APPROPRIATE
MEANS, INCLUDING:
(I) SUPERSESSION OF THE COMMUNITY BOARD AND/OR SUPERINTENDENT BY THE
COMMISSIONER OR ONE OR MORE TRUSTEES APPOINTED BY HIM OR HER WHO MAY BE,
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EMPLOYEES OF THE CITY BOARD
WITH RESPECT TO THOSE POWERS AND DUTIES OR DECISIONS OF SUCH COMMUNITY
BOARD AND/OR SUPERINTENDENT DEEMED NECESSARY TO ENSURE COMPLIANCE WITH
THE ORDER; AND
(II) SUSPENSION OR REMOVAL OF THE COMMUNITY BOARD AND/OR SUPERINTEN-
DENT OR ANY MEMBER OR MEMBERS THEREOF.
(B) PRIOR TO THE ENFORCEMENT OF ANY ORDER AUTHORIZED UNDER THIS
SECTION, THE COMMISSIONER SHALL PROVIDE AN OPPORTUNITY FOR CONCILIATION,
EXCEPT THAT THE COMMISSIONER WITHOUT CONCILIATION MAY SUSPEND OR REMOVE
ONE OR MORE MEMBERS OF A COMMUNITY BOARD OR A COMMUNITY SUPERINTENDENT
WHERE THE CONDUCT (I) IS CRIMINAL IN NATURE; (II) POSES AN IMMEDIATE
DANGER TO THE SAFETY OR WELFARE OF STUDENTS OR ANY SCHOOL STAFF OR
EMPLOYEE, OR (III) IN THE JUDGMENT OF THE COMMISSIONER, IS CONTRARY TO
THE BEST INTEREST OF THE CITY SCHOOL DISTRICT.
2. THE COMMUNITY BOARD OR ANY SUSPENDED OR REMOVED MEMBER AND/OR
SUPERINTENDENT THEREOF MAY, WITHIN FIFTEEN DAYS AFTER ISSUANCE OF SUCH
ORDER, FILE AN APPEAL WITH THE CITY BOARD ACTING AS AN APPEAL BOARD.
3. A MEMBER OF A COMMUNITY SCHOOL DISTRICT BOARD MAY BE REMOVED UPON A
FINDING THAT THE MEMBER WILLFULLY, INTENTIONALLY OR KNOWINGLY INTERFERED
WITH OR WAS INVOLVED IN THE HIRING, APPOINTMENT OR ASSIGNMENT OF EMPLOY-
EES OTHER THAN AS SPECIFICALLY AUTHORIZED IN THIS ARTICLE. SUCH A FIND-
ING, UNLESS JUDICIALLY OVERTURNED PURSUANT TO ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES, SHALL PERMANENTLY DISQUALIFY THAT
MEMBER FROM EMPLOYMENT, CONTRACTING OR MEMBERSHIP WITH OR ON ANY COMMU-
NITY BOARD OR THE CITY BOARD OR ANY EMPLOYMENT OR CONTRACTUAL RELATION-
SHIP, DIRECT OR INDIRECT, WITH THE CITY DISTRICT, ANY COMMUNITY
DISTRICT, OR ANY PUBLIC SCHOOL IN SUCH DISTRICTS.
S 2590-M. CUSTODY AND DISBURSEMENT OF FUNDS. 1. PUBLIC MONEYS APPOR-
TIONED TO THE CITY DISTRICT BY THE STATE AND ALL FUNDS RAISED OR
COLLECTED BY THE AUTHORITIES OF SUCH CITY FOR SCHOOL PURPOSES OR TO BE
USED BY THE CITY BOARD OR BY ANY COMMUNITY BOARD FOR ANY PURPOSE AUTHOR-
IZED BY THIS CHAPTER, OR ANY OTHER FUNDS BELONGING TO THE CITY DISTRICT
S. 5719 24
OR A COMMUNITY DISTRICT AND RECEIVED FROM ANY SOURCE WHATSOEVER FOR
SCHOOL PURPOSES, SHALL BE PAID INTO THE CITY TREASURY AND SHALL BE CRED-
ITED TO THE CITY BOARD OR TO THE RESPECTIVE COMMUNITY BOARDS.
2. THE FUND SO RECEIVED INTO SUCH TREASURY SHALL BE KEPT SEPARATE AND
DISTINCT FROM ANY OTHER FUNDS RECEIVED THEREIN. THE OFFICER HAVING
CHARGE THEREOF SHALL GIVE SUCH ADDITIONAL SECURITY FOR THE SAFE CUSTODY
THEREOF AS THE CORPORATE AUTHORITIES OF THE CITY OF NEW YORK SHALL
REQUIRE.
3. (A) FUNDS CREDITED TO THE CITY BOARD SHALL BE DISBURSED UPON WRIT-
TEN ORDERS OF THE DIRECTOR OF FINANCE OF THE CITY SIGNED BY THE COMMIS-
SIONER OR SUCH OTHER OFFICER OR OFFICERS AS THE CITY BOARD AUTHORIZE.
FUNDS CREDITED TO A COMMUNITY BOARD SHALL BE DISBURSED UPON WRITTEN
ORDERS OF THE DIRECTOR OF FINANCE OF THE CITY SIGNED BY THE COMMUNITY
SUPERINTENDENT AND SUCH OTHER OFFICER OR OFFICERS AS SUCH BOARD MAY
AUTHORIZE.
(B) IF AN AUDITOR SHALL HAVE BEEN APPOINTED BY THE CITY BOARD OR ANY
COMMUNITY BOARD, SUCH ORDERS SHALL BE SIGNED BY SUCH AUDITOR; PROVIDED,
HOWEVER, THAT THE CITY BOARD AND ANY SUCH BOARD MAY IN ADDITION REQUIRE
THE SIGNATURE OF SUCH OTHER OFFICER OR OFFICERS AS IT MAY BY RESOLUTION
DIRECT.
(C) ORDERS ISSUED UNDER THIS SUBDIVISION SHALL SPECIFY THE PURPOSE FOR
WHICH THEY ARE DRAWN AND THE PERSON TO WHOM THEY ARE PAYABLE.
4. (A) IT SHALL BE UNLAWFUL FOR THE DIRECTOR OF FINANCE OF THE CITY TO
PERMIT ANY FUNDS PLACED IN HIS OR HER CUSTODY UNDER THE PROVISIONS OF
THIS SECTION TO BE USED FOR ANY PURPOSE OTHER THAN THAT FOR WHICH THEY
ARE LAWFULLY AUTHORIZED.
(B) SUCH FUNDS SHALL BE PAID OUT ONLY ON AUDIT OF THE CITY BOARD
THROUGH THE COMMISSIONER OR THE COMMUNITY BOARD TO WHICH SUCH FUNDS ARE
CREDITED, EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION FIVE OF THIS
SECTION.
(C) PAYMENTS FROM SUCH FUNDS SHALL BE MADE ONLY BY CHECKS SIGNED BY
THE DIRECTOR OF FINANCE OF THE CITY AND PAYABLE TO THE PERSON ENTITLED
THERETO AND COUNTERSIGNED BY THE COMPTROLLER OF THE CITY OF NEW YORK.
5. FIXED SALARIES, PRINCIPAL OF AND INTEREST ON INDEBTEDNESS AND
AMOUNTS BECOMING DUE UPON LAWFUL CONTRACTS FOR PERIODS EXCEEDING ONE
YEAR MAY BE DISBURSED WITHOUT PRIOR AUDIT BY THE CITY BOARD OR THE BOARD
TO WHICH SUCH FUNDS ARE CREDITED.
6. THE CITY BOARD AND EACH BOARD REFERRED TO IN THIS SECTION SHALL
MAKE, IN ADDITION TO SUCH CLASSIFICATION OF ITS FUNDS AS IT DESIRES FOR
ITS OWN USE AND INFORMATION, SUCH FURTHER CLASSIFICATION OF THE FUNDS
CREDITED TO IT AND OF THE DISBURSEMENT THEREOF AS THE COMPTROLLER OF THE
CITY OF NEW YORK SHALL REQUIRE. THE CITY BOARD AND COMMUNITY BOARDS
SHALL FURNISH SUCH DATA IN RELATION TO SUCH FUNDS AND THEIR DISBURSE-
MENTS AS THE COMPTROLLER OF THE CITY OF NEW YORK SHALL REQUIRE.
7. THE COMPTROLLER OF THE CITY OF NEW YORK SHALL AUDIT THE ACCOUNTS OF
THE CITY BOARD AND EACH COMMUNITY DISTRICT, AND, SUBJECT TO LAWS SAFE-
GUARDING THE DISCLOSURE OF INDIVIDUAL INFORMATION, MAKE PUBLIC THE
RESULTS OF SUCH AUDITS, AT LEAST ONCE EVERY FOUR YEARS; PROVIDED THAT
THIS SECTION SHALL NOT LIMIT THE OBLIGATIONS OF THE SCHOOL DISTRICTS
PURSUANT TO SECTION TWENTY-ONE HUNDRED SIXTEEN-A OF THIS CHAPTER. THE
COMPTROLLER OF THE CITY OF NEW YORK SHALL BE ENTITLED TO THE COOPERATION
OF THE COMMISSIONER OF FINANCE OF THE CITY OF NEW YORK, THE CHIEF FISCAL
INVESTIGATIONS OFFICER AND THE INTERNAL AUDITORS.
8. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE POWERS
AND DUTIES CONFERRED ON A COMMUNITY SCHOOL BOARD BY THIS SECTION SHALL
S. 5719 25
BE EXERCISED EXCLUSIVELY BY THE COMMUNITY SUPERINTENDENT EMPLOYED BY
SUCH BOARD.
S 2590-N. CONFLICTS OF INTEREST. 1. IT SHALL BE UNLAWFUL FOR ANY
COMMUNITY BOARD MEMBER, COMMUNITY SUPERINTENDENT OR ANY SUCH OTHER OFFI-
CER OR EMPLOYEE IN SCHOOLS AND PROGRAMS UNDER THE JURISDICTION OF THE
COMMUNITY BOARD AS THE CITY BOARD BY REGULATION SHALL SPECIFY, TO BE
DIRECTLY OR INDIRECTLY INTERESTED IN THE FURNISHING OF ANY SUPPLIES OR
MATERIALS, OR IN THE DOING OF ANY WORK OR LABOR, OR IN THE SALE OR LEAS-
ING OF ANY REAL ESTATE, OR IN ANY PROPOSAL, AGREEMENT OR CONTRACT FOR
ANY OF THESE PURPOSES, IN ANY CASE IN WHICH THE PRICE OR CONSIDERATION
IS TO BE PAID, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF ANY
SCHOOL MONEYS, OR WHO SHALL HAVE RECEIVED FROM ANY SOURCE WHATEVER ANY
COMMISSION OR COMPENSATION IN CONNECTION WITH ANY OF THE MATTERS AFORE-
SAID.
2. (A) A COMMUNITY BOARD MEMBER MAY NOT (I) USE HIS OR HER OFFICIAL
AUTHORITY OR INFLUENCE FOR THE PURPOSE OF INTERFERING WITH OR AFFECTING
THE RESULT OF AN ELECTION OR A NOMINATION FOR OFFICE; OR (II) DIRECTLY
OR INDIRECTLY COERCE, ATTEMPT TO COERCE OR COMMAND A COMMUNITY BOARD
EMPLOYEE OR A CITY BOARD EMPLOYEE TO PAY, LEND OR CONTRIBUTE ANYTHING OF
VALUE TO A PARTY, COMMITTEE, ORGANIZATION, AGENCY OR PERSON FOR POLI-
TICAL PURPOSES OR TO PARTICIPATE IN ANY POLITICAL CAMPAIGN.
(B) NOTWITHSTANDING ANY PROVISION OF THIS SUBDIVISION TO THE CONTRARY,
A COMMUNITY BOARD MEMBER MAY PARTICIPATE IN, AFFECT OR AID THE RESULT OF
SUCH PERSON'S OWN ELECTION OR NOMINATION FOR OFFICE OR EXPRESS OPINIONS
ON POLITICAL SUBJECTS AND CANDIDATES.
(C) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED (I) TO LIMIT THE
APPLICABILITY OF SECTION ONE HUNDRED SEVEN OF THE CIVIL SERVICE LAW TO
COMMUNITY BOARD MEMBERS; OR (II) TO PRECLUDE A COMMUNITY BOARD MEMBER
FROM CARRYING OUT ANY DUTY PRESCRIBED BY LAW.
3. VIOLATION OF THIS SECTION SHALL CONSTITUTE CAUSE FOR REMOVAL FROM
OFFICE IN ACCORDANCE WITH NOTICE AND HEARING PROVISIONS CONTAINED IN
REGULATIONS AND BY-LAWS OF THE CITY BOARD.
4. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AUTHORS OF SCHOOL
BOOKS USED IN ANY OF THE PUBLIC SCHOOLS BECAUSE OF ANY INTEREST THEY MAY
HAVE AS AUTHORS IN SUCH BOOKS.
S 2590-O. NEUTRALITY OF SCHOOL EMPLOYEES IN COMMUNITY BOARD ELECTIONS.
1. IN THEIR OFFICIAL CAPACITIES DURING SCHOOL HOURS ALL SCHOOL, COMMUNI-
TY DISTRICT AND CITY DISTRICT EMPLOYEES SHALL MAINTAIN A POSTURE OF
COMPLETE NEUTRALITY WITH RESPECT TO ELECTIONS OF CANDIDATES FOR COMMUNI-
TY BOARD. NO SCHOOL, COMMUNITY DISTRICT OR CITY DISTRICT FACILITIES OR
SUPPLIES SHALL BE USED ON BEHALF OF ANY CANDIDATE.
2. THE CITY BOARD SHALL HAVE THE AUTHORITY AND RESPONSIBILITY WITH
REGARD TO THE INVESTIGATION AND TRIAL OF EMPLOYEES AGAINST WHOM
VIOLATIONS OF THIS SECTION ARE CHARGED. WILFUL VIOLATIONS OF THIS
SECTION SHALL CONSTITUTE CAUSE FOR REMOVAL FROM OFFICE OR TERMINATION OF
EMPLOYMENT.
3. THE CITY BOARD SHALL ADOPT REGULATIONS TO ACHIEVE THE PURPOSES OF
THIS SECTION.
S 2590-P. EDUCATIONAL FACILITIES CAPITAL PLAN. 1. IN ACCORDANCE WITH
SUBDIVISION THREE OF THIS SECTION, THE COMMISSIONER SHALL PREPARE
PROPOSED FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLANS. EACH SUCH PLAN
SHALL DESCRIBE EACH PROGRAM ELEMENT PROPOSED IN THE PLAN, AND SHALL SET
FORTH AN ESTIMATE OF THE COST OF EACH PROGRAM ELEMENT, AN ESTIMATE OF
THE CAPITAL FUNDING REQUIRED EACH YEAR AND THE EXPECTED SOURCES OF SUCH
FUNDING. THE PLAN SHALL ALSO SET FORTH AN ESTIMATE OF THE COST OF EACH
PROJECT IDENTIFIED IN THE PLAN, SHALL ASSIGN PRIORITIES TO THE PROJECTS
S. 5719 26
INCLUDED THEREIN AND SHALL STATE THE YEAR IN WHICH EACH SUCH PROJECT'S
DESIGN AND CONSTRUCTION IS PROPOSED TO BE INITIATED AND ESTIMATED TO BE
COMPLETED.
2. PROGRAM ELEMENTS SHALL MEAN THE FOLLOWING CATEGORIES OF WORK AND,
WITH RESPECT TO EACH SUCH CATEGORY, THE PLAN SHALL INCLUDE THE FOLLOWING
INFORMATION:
(A) NEW CONSTRUCTION: THE PLAN SHALL IDENTIFY THE TYPE, APPROXIMATE
SIZE IN TERMS OF GROSS SQUARE FOOTAGE AND STUDENT CAPACITY AND APPROXI-
MATE LOCATION OF EACH PROPOSED NEW EDUCATIONAL FACILITY, AND IF THE
CONSTRUCTION OF SUCH NEW FACILITY IS TO RESULT IN THE CLOSING OR
REPLACEMENT OF AN EXISTING EDUCATIONAL FACILITY OR FACILITIES, THE PLAN
SHALL IDENTIFY EACH SUCH FACILITY TO BE CLOSED OR REPLACED.
(B) BUILDING ADDITIONS: THE PLAN SHALL IDENTIFY EACH EDUCATIONAL
FACILITY FOR WHICH A BUILDING ADDITION IS PROPOSED AND DESCRIBE THE
NATURE, PURPOSE AND APPROXIMATE SIZE OF SUCH ADDITION.
(C) MAJOR MODERNIZATION AND REHABILITATION: THE PLAN SHALL IDENTIFY
EACH EDUCATIONAL FACILITY AT WHICH A REHABILITATION OR MAJOR MODERNIZA-
TION IS TO BE PERFORMED, DESCRIBE THE GENERAL SCOPE OF SUCH WORK AT EACH
SUCH FACILITY AND DESCRIBE THE NATURE AND ESTIMATED COST OF THE ARRANGE-
MENTS PROPOSED IN ORDER TO ACCOMMODATE ANY STUDENTS WHO WILL BE TEMPO-
RARILY DISPLACED AS A RESULT OF THE WORK.
(D) ATHLETIC FIELDS, PLAYGROUNDS AND POOLS: THE PLAN SHALL IDENTIFY
EACH EDUCATIONAL FACILITY AT WHICH AN ATHLETIC FIELD, PLAYGROUND OR POOL
IS TO BE CONSTRUCTED OR AT WHICH AN EXISTING ATHLETIC FIELD, PLAYGROUND
OR POOL IS TO BE THE SUBJECT OF A MAJOR REPAIR OR REHABILITATION.
(E) SYSTEM REPLACEMENTS: THE PLAN SHALL IDENTIFY (I) EACH PARTICULAR
SYSTEM TO BE REPLACED, IN PART OR IN ITS ENTIRETY, INCLUDING ELECTRICAL,
PLUMBING, BOILERS, ELEVATORS, HEATING, VENTILATION AND AIR CONDITIONING,
ROOF REPLACEMENT, WINDOW REPLACEMENT, KITCHENS AND WARMING PANTRIES,
LIGHTING, EXTERIOR MASONRY AND PAINTING AND PLASTER, (II) THE GENERAL
STANDARDS TO BE ADOPTED FOR SUCH REPLACEMENT SYSTEMS AND (III) THE
NUMBER, AND TO THE EXTENT ASCERTAINABLE, THE IDENTITY OF EDUCATIONAL
FACILITIES IN EACH BOROUGH AT WHICH EACH SUCH SYSTEM REPLACEMENT IS TO
BE PERFORMED.
(F) SECURITY: THE PLAN SHALL DESCRIBE THE NATURE OF SECURITY DEVICES
AND SYSTEMS PROPOSED TO BE INSTALLED AT EDUCATIONAL FACILITIES AND THE
NUMBER, AND TO THE EXTENT ASCERTAINABLE, THE IDENTITY OF FACILITIES IN
EACH BOROUGH AT WHICH SUCH A SECURITY SYSTEM IS TO BE INSTALLED.
(G) EDUCATIONAL ENHANCEMENTS: THE PLAN SHALL DESCRIBE PROGRAMS FOR THE
REDESIGN AND RECONFIGURATION OF SPACE WITHIN EDUCATIONAL FACILITIES IN
ORDER TO ENHANCE EDUCATIONAL ACTIVITIES THEREIN, INCLUDING THE INSTALLA-
TION OF WIRING OR OTHER FACILITIES TO PERMIT OR FACILITATE THE USE OF
COMPUTERS OR OTHER EDUCATIONAL DEVICES AND EQUIPMENT AND SHALL IDENTIFY
THE NUMBER, AND TO THE EXTENT ASCERTAINABLE, THE IDENTITY OF EDUCATIONAL
FACILITIES IN EACH BOROUGH AT WHICH SUCH EDUCATIONAL ENHANCEMENT
PROGRAMS SHALL BE UNDERTAKEN.
(H) EMERGENCY, UNSPECIFIED AND MISCELLANEOUS: THE PLAN SHALL INCLUDE
AN ESTIMATE OF THE FUNDING REQUIREMENTS TO PERFORM EMERGENCY PROJECTS,
UNSPECIFIED PROJECTS AND MISCELLANEOUS CAPITAL ACTIVITIES; PROVIDED,
HOWEVER, THAT THE COST OF SUCH PROGRAM ELEMENT SHALL NOT EXCEED FIVE
PERCENT OF THE TOTAL ESTIMATED COST OF THE FIVE-YEAR CAPITAL PLAN.
3. (A) NO LATER THAN JANUARY SIXTH, TWO THOUSAND TEN, THE COMMISSIONER
SHALL, IN CONJUNCTION WITH THE SUBMISSION OF THE EDUCATIONAL FACILITIES
MASTER PLAN REQUIRED BY SECTION TWENTY-FIVE HUNDRED NINETY-T OF THIS
ARTICLE, SUBMIT THE INITIAL PROPOSED FIVE-YEAR EDUCATIONAL FACILITIES
CAPITAL PLAN TO EACH COMMUNITY SCHOOL BOARD, WHICH SHALL CONDUCT A
S. 5719 27
PUBLIC HEARING ON BOTH THE EDUCATIONAL FACILITIES MASTER PLAN AND THE
FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN AND SHALL PREPARE AND
SUBMIT RECOMMENDATIONS TO THE COMMISSIONER ON OR BEFORE FEBRUARY TWENTI-
ETH, TWO THOUSAND TEN WITH RESPECT TO MATTERS IN THE PLANS THAT INVOLVE
THAT SCHOOL DISTRICT. THE COMMISSIONER SHALL CONSIDER THE RECOMMENDA-
TIONS RECEIVED FROM THE COMMUNITY SCHOOL BOARDS ON BOTH THE PROPOSED
EDUCATIONAL FACILITIES MASTER PLAN AND THE PROPOSED FIVE-YEAR EDUCA-
TIONAL FACILITIES CAPITAL PLAN, AND, ON OR BEFORE MARCH EIGHTH, TWO
THOUSAND TEN, SHALL SUBMIT A FINAL PROPOSED FIVE-YEAR EDUCATIONAL FACIL-
ITIES CAPITAL PLAN TO THE CITY BOARD FOR ITS APPROVAL. ON OR BEFORE
MARCH TWENTY-SECOND, TWO THOUSAND TEN, THE CITY BOARD SHALL APPROVE THE
FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN SUBMITTED BY THE COMMIS-
SIONER OR SUCH PLAN AS IS DETERMINED BY THE CITY BOARD, WHICH SHALL TAKE
EFFECT ON JULY FIRST, TWO THOUSAND TEN.
(B) COMMENCING ON NOVEMBER FIRST, TWO THOUSAND TWELVE, AND EVERY FIVE
YEARS THEREAFTER, THE COMMISSIONER SHALL SUBMIT A PROPOSED FIVE-YEAR
EDUCATIONAL FACILITIES CAPITAL PLAN TO TAKE EFFECT ON THE SUCCEEDING
JULY FIRST TO EACH COMMUNITY SCHOOL BOARD, WHICH SHALL CONDUCT A PUBLIC
HEARING AND SHALL PREPARE AND SUBMIT RECOMMENDATIONS TO THE COMMISSIONER
ON OR BEFORE JANUARY FIRST OF THE ENSUING YEAR WITH RESPECT TO MATTERS
IN THE PLAN THAT INVOLVE THAT SCHOOL DISTRICT. THE COMMISSIONER SHALL
CONSIDER THE RECOMMENDATIONS RECEIVED FROM THE COMMUNITY SCHOOL BOARDS,
AND, 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 THE FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN SUBMIT-
TED BY THE COMMISSIONER OR SUCH PLAN AS IS DETERMINED BY THE CITY BOARD.
4. FOLLOWING APPROVAL BY THE CITY BOARD OF A FIVE-YEAR EDUCATIONAL
FACILITIES CAPITAL PLAN, THE COMMISSIONER SHALL TRANSMIT SUCH PLAN TO
THE MAYOR AND THE COUNCIL OF THE CITY OF NEW YORK. AFTER CONSULTATION
WITH THE COMMISSIONER AND THE CITY BOARD, THE MAYOR SHALL INCLUDE IN THE
CITY'S EXECUTIVE CAPITAL BUDGET FOR THE FISCAL YEAR IN WHICH THE
FIVE-YEAR PLAN IS TO COMMENCE AN APPROPRIATION FOR EDUCATIONAL FACILI-
TIES IN AN AMOUNT HE OR SHE RECOMMENDS AS SUFFICIENT TO PROVIDE FOR THE
FUNDING OF A FIVE-YEAR CAPITAL PROGRAM FOR THE CITY BOARD AND SHALL
SPECIFY AMOUNTS FOR EACH FISCAL YEAR WITHIN SUCH FIVE-YEAR PERIOD. SUCH
FIVE-YEAR APPROPRIATION, WHICH SHALL SPECIFY THE ANNUAL AMOUNTS FOR EACH
FISCAL YEAR TO BE MADE AVAILABLE, SHALL BE SUBJECT TO ADOPTION, VETO
AND, EXCEPT AS HEREINAFTER PROVIDED, AMENDMENT IN ACCORDANCE WITH THE
PROCEDURES SET FORTH IN THE CHARTER OF THE CITY OF NEW YORK. UPON
ADOPTION OF A FIVE-YEAR APPROPRIATION PURSUANT TO SUCH PROCESS, THE
CAPITAL PROGRAM OF THE CITY BOARD SHALL, IF THE AMOUNT SO APPROPRIATED
DIFFERS FROM THE COST ESTIMATED IN THE PLAN APPROVED BY THE CITY BOARD,
BE AMENDED TO REFLECT THE FUNDING SO PROVIDED. NO REDUCTION SHALL THERE-
AFTER BE MADE BY THE CITY IN THE AMOUNT OF SUCH APPROPRIATION UNTIL
COMPLETION OF THE PLAN UNLESS (I) THE CITY BOARD SHALL SO RECOMMEND OR
(II) A GENERAL, ACROSS-THE-BOARD REDUCTION IS MADE IN THE CITY'S CAPITAL
APPROPRIATIONS IN ORDER TO ACCOMMODATE AN UNFORESEEN REDUCTION IN THE
AVAILABILITY OF CITY CAPITAL FUNDS. IN THE EVENT THE CITY BOARD SO
RECOMMENDS OR SUCH A REDUCTION IS MADE, THE APPROPRIATION MAY BE REDUCED
IN ACCORDANCE WITH SUCH RECOMMENDATION OR PROPORTIONATELY TO THE
REDUCTION IN THE CITY'S GENERAL CAPITAL APPROPRIATIONS. IN THE EVENT THE
CITY BOARD REQUESTS ADDITIONAL APPROPRIATIONS FROM SUCH CITY DURING THE
FIVE-YEAR PERIOD OF THE THEN EFFECTIVE PLAN, THE CITY BOARD SHALL SPECI-
FY THE NEEDS TO BE MET BY SUCH ADDITIONAL APPROPRIATIONS. THE CITY MAY
APPROPRIATE AN ADDITIONAL AMOUNT FOR THE FIVE-YEAR EDUCATIONAL FACILI-
S. 5719 28
TIES CAPITAL PLAN, PROVIDED THAT IN NO EVENT SHALL SUCH AN ADDITIONAL
APPROPRIATION BE CONDITIONED UPON A REDUCTION OR ALTERATION OF THE
FIVE-YEAR PLAN THEN IN EFFECT. THE AUTHORITY MAY NOT SPEND MORE IN ANY
FISCAL YEAR OF THE CAPITAL PROGRAM THAN THE AMOUNT SPECIFIED IN THE
FIVE-YEAR CITY APPROPRIATION THEREFOR, AS AMENDED FROM TIME TO TIME;
PROVIDED THAT ANY AMOUNTS NOT EXPENDED DURING A FISCAL YEAR MAY BE
EXPENDED IN ANY SUCCEEDING FISCAL YEAR, AND PROVIDED FURTHER THAT THE
MAYOR MAY AUTHORIZE FUNDS TO BE EXPENDED AT A RATE FASTER THAN THE
AMOUNTS SO SPECIFIED, WITHIN THE BALANCE OF THE FIVE-YEAR APPROPRIATION
AVAILABLE THEREFOR.
5. (A) THE COMMISSIONER MAY IN HIS OR HER DISCRETION SUBMIT AMENDMENTS
TO AN APPROVED FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN TO THE CITY
BOARD FOR ITS APPROVAL.
(B) THE COMMISSIONER 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 COMMISSIONER 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 COMMISSIONER AS DESCRIBED IN PARAGRAPH
(C) AND IN SUBPARAGRAPHS (III) AND (IV) OF PARAGRAPH (B) OF THIS SUBDI-
VISION SHALL ALSO BE SUBMITTED TO EACH AFFECTED COMMUNITY SCHOOL BOARD,
WHICH MAY CONDUCT A PUBLIC HEARING AND PREPARE AND SUBMIT RECOMMENDA-
TIONS TO THE CITY BOARD WITHIN FORTY-FIVE DAYS OF SUCH SUBMISSION.
6. (A) FOR EACH PROJECT INCLUDED IN AN APPROVED FIVE-YEAR EDUCATIONAL
FACILITIES CAPITAL PLAN, THE COMMISSIONER SHALL DEVELOP A DETAILED SCOPE
OF THE PROJECT, WHICH SHALL INCLUDE THE FOLLOWING: (I) THE PURPOSES AND
PUBLIC TO BE SERVED, (II) THE PROGRAMS TO BE CONDUCTED IN THE FACILITY,
(III) THE GROSS AMOUNTS OF SPACE AND BULK FOR ANY BUILDING OR STRUCTURE,
(IV) IDENTIFICATION OF THE INTENT TO USE ARCHITECTURAL, ENGINEERING OR
OTHER CONSULTANT SERVICES AND ESTIMATED FEES FOR SUCH CONSULTANT
SERVICES, (V) THE SCHEDULE OF DESIGN AND CONSTRUCTION, (VI) THE TOTAL
ESTIMATED PROJECT COSTS, INCLUDING COSTS FOR SITE ACQUISITION, PREPARA-
TION AND TENANT RELOCATION, DESIGN, CONSTRUCTION AND EQUIPMENT, (VII)
MAXIMUM ESTIMATED EXPENDITURES FOR THE PROJECT FOR EACH FISCAL YEAR
UNTIL ITS COMPLETION, (VIII) COSTS ASSOCIATED WITH MAINTENANCE AND OPER-
ATION OF THE PHYSICAL PLANT, AND (IX) SUCH OTHER INFORMATION AS THE
COMMISSIONER SHALL SPECIFY. IN THE EVENT, A PROJECT CONSISTS OF A
PROGRAM ELEMENT WITHOUT IDENTIFICATION OF THE PARTICULAR EDUCATION
FACILITY AT WHICH SUCH PROJECT IS TO BE PERFORMED, THE DETAILED SCOPE OF
THE PROJECT SHALL SPECIFY THE NATURE OF THE WORK TO BE PERFORMED, APPLI-
CABLE PRICE AND QUALITY STANDARDS, A LIST OF THE SCHOOLS ELIGIBLE FOR
S. 5719 29
SUCH WORK, ANNUAL PERFORMANCE TARGETS AND THE TOTAL ESTIMATED COSTS OF
SUCH PROJECT DURING EACH FISCAL YEAR UNTIL ITS COMPLETION.
(B) THE COMMISSIONER MAY REQUEST THE NEW YORK CITY SCHOOL CONSTRUCTION
AUTHORITY, AND THE AUTHORITY SHALL BE AUTHORIZED, TO DEVELOP PRELIMINARY
PLANS FOR EACH PROJECT, TO ASSIST THE COMMISSIONER IN THE DEVELOPMENT OF
THE DETAILED SCOPE OF PROJECT, TO PROCEED WITH SITE ACQUISITION FOR SUCH
PROJECT AND TO ASSIST IN RESPONDING TO EMERGENCY PROJECTS UNDERTAKEN
PURSUANT OF PARAGRAPH (H) OF SUBDIVISION TWO OF THIS SECTION. THE
AUTHORITY MAY EXPEND MONEYS FOR SUCH PURPOSES FOR PROJECTS TO BE FUNDED
PURSUANT TO SUBDIVISION FOUR OF THIS SECTION IN SUCH AMOUNTS AS ARE
CONSISTENT WITH THE CITY CAPITAL BUDGET APPROPRIATION THEREFOR.
(C) THE COMMISSIONER 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
MODERNIZATION 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 SCHOOL BOARDS. THE COMMUNITY SCHOOL BOARD MAY
HOLD HEARINGS ON SUCH SCOPE, PROVIDED, HOWEVER, THAT THE COMMUNITY
SCHOOL BOARD MUST SUBMIT ANY COMMENTS TO THE COMMISSIONER NO LATER THAN
THIRTY DAYS FOLLOWING THE DATE OF SUBMISSION. THE COMMISSIONER SHALL
CONSIDER THE COMMENTS IN PREPARING THE SCOPE THAT HE WILL SUBMIT TO THE
DIRECTOR OF MANAGEMENT AND BUDGET OF THE CITY PURSUANT TO PARAGRAPH (D)
OF THIS SUBDIVISION.
(D) FOR PROJECTS TO BE FUNDED PURSUANT TO SUBDIVISION FOUR OF THIS
SECTION, THE COMMISSIONER SHALL TRANSMIT THE DETAILED SCOPE OF EACH SUCH
PROJECT TO THE DIRECTOR OF MANAGEMENT AND BUDGET OF THE CITY FOR
APPROVAL.
(I) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, NO
EXPENSES SHALL BE INCURRED BY THE CITY BOARD OR THE AUTHORITY FOR ANY
SUCH PROJECT PRIOR TO APPROVAL OF THE DETAILED SCOPE OF ANY SUCH
PROJECT.
(II) NO DETAILED SCOPE OF PROJECT SHALL BE APPROVED UNLESS THE TOTAL
ESTIMATED COSTS OF SUCH PROJECT, TOGETHER WITH THE AGGREGATE ESTIMATED
COSTS OF ALL PROJECTS FOR WHICH A DETAILED SCOPE HAS THERETOFORE BEEN
APPROVED, ARE WITHIN CITY CAPITAL BUDGET APPROPRIATIONS AVAILABLE THERE-
FOR. A DETAILED SCOPE OF PROJECT THAT IS NOT DISAPPROVED BY THE DIRECTOR
OF MANAGEMENT AND BUDGET WITHIN THIRTY DAYS OF ITS SUBMISSION SHALL BE
DEEMED APPROVED. TO THE EXTENT THE DIRECTOR DISAPPROVES ALL OR PART OF A
SCOPE, HE SHALL SET FORTH IN WRITING THE REASONS THEREFOR.
(III) UPON APPROVAL OF THE DETAILED SCOPE OF PROJECT, THE COMMISSIONER
SHALL REFER SUCH PROJECT TO THE NEW YORK CITY SCHOOL CONSTRUCTION
AUTHORITY FOR IMPLEMENTATION IN ACCORDANCE WITH AN AGREEMENT BETWEEN THE
AUTHORITY AND THE CITY BOARD AND SHALL TRANSMIT THE APPROVED PROJECT
SCOPE TO THE COMPTROLLER WHEREUPON THE TOTAL ESTIMATED COSTS OF SUCH
PROJECT AS SET FORTH IN SUCH APPROVED PROJECT SCOPE SHALL BE AVAILABLE
FOR EXPENDITURE.
(IV) APPROVAL OF THE DIRECTOR OF MANAGEMENT AND BUDGET SHALL BE
REQUIRED FOR ANY MATERIAL CHANGE IN THE APPROVED DETAILED SCOPE OF
PROJECT OR FOR ANY INCREASE IN THE TOTAL COST OF SUCH PROJECT IN EXCESS
OF ANY RESERVE PROVIDED IN THE APPROVED DETAILED SCOPE OF PROJECT. SUCH
APPROVAL SHALL BE GIVEN OR DEEMED GIVEN IN THE MANNER PROVIDED HEREIN.
(V) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO EMERGENCY
PROJECTS UNDERTAKEN PURSUANT TO PARAGRAPH (H) OF SUBDIVISION TWO OF THIS
SECTION, THE ESTIMATED COSTS OF WHICH, TOGETHER WITH THE COSTS OF OTHER
S. 5719 30
PROJECTS UNDERTAKEN PURSUANT TO SUCH PARAGRAPH (H), DOES NOT EXCEED THE
AMOUNT SET FORTH IN THE EDUCATIONAL FACILITIES CAPITAL PLAN FOR ACTIV-
ITIES PURSUANT TO PARAGRAPH (H) OF SUBDIVISION TWO OF THIS SECTION.
(E) FOR PROJECTS CONTAINED WITHIN A FIVE-YEAR EDUCATIONAL FACILITIES
CAPITAL PLAN AND NOT FUNDED IN WHOLE OR IN PART BY THE CITY, THE COMMIS-
SIONER SHALL REFER SUCH PROJECTS TO THE NEW YORK CITY SCHOOL
CONSTRUCTION AUTHORITY FOR IMPLEMENTATION IN ACCORDANCE WITH ANY AGREE-
MENT BETWEEN THE AUTHORITY AND THE CITY BOARD.
(F) THE COMMISSIONER AND THE PRESIDENT OF THE NEW YORK CITY SCHOOL
CONSTRUCTION AUTHORITY SHALL NOTIFY THE MAYOR OF THE AMOUNT OF APPROPRI-
ATED FUNDS PROJECTED TO BE SPENT FOR (I) DEVELOPMENT OF DETAILED SCOPES,
(II) DEVELOPMENT OF PRELIMINARY PLANS, (III) SITE ACQUISITION, AND (IV)
EMERGENCIES, AND THE MAYOR SHALL THEREUPON AUTHORIZE THE ISSUANCE OF
BONDS THEREFOR IN ACCORDANCE WITH THE LOCAL FINANCE LAW AND SHALL NOTIFY
THE CITY COMPTROLLER OF HIS OR HER AUTHORIZATION TO EXPEND SUCH AMOUNTS
FOR SUCH PURPOSES. SUCH NOTICE SHALL BE GIVEN OR AMENDED AT LEAST TEN
DAYS PRIOR TO ANY EXPENDITURE INCLUDED THEREIN; PROVIDED THAT THE
COMMISSIONER, THE PRESIDENT OF THE AUTHORITY AND THE MAYOR SHALL DEVELOP
PROCEDURES TO EXPEDITE AUTHORIZATION OF EMERGENCY EXPENDITURES. NEITHER
THE CITY BOARD NOR THE AUTHORITY SHALL EXPEND FUNDS FOR SUCH PURPOSES IN
EXCESS OF THE AMOUNTS SPECIFIED IN SUCH NOTICE UNTIL THE COMMISSIONER
SHALL HAVE AMENDED SUCH NOTICE TO REFLECT SUCH EXCESS. UPON APPROVAL OF
THE DETAILED SCOPE OF A PROJECT, THE MAYOR SHALL AUTHORIZE THE ISSUANCE
OF BONDS THEREFOR IN ACCORDANCE WITH THE LOCAL FINANCE LAW AND SHALL
NOTIFY THE CITY COMPTROLLER OF HIS OR HER AUTHORIZATION TO EXPEND APPRO-
PRIATED FUNDS FOR THE ENTIRE ESTIMATED COST OF SUCH PROJECT.
7. THE PROVISIONS OF SUBDIVISION A OF SECTION TWO HUNDRED FOURTEEN OF
THE CHARTER OF THE CITY OF NEW YORK SHALL NOT APPLY TO A PROPOSED FIVE-
YEAR APPROPRIATION MADE IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS
SECTION, AND THE PROVISIONS OF SUBDIVISION B OF SECTION TWO HUNDRED
SEVENTEEN OF SUCH CHARTER SHALL APPLY ONLY AFTER THE END OF THE FIFTH
YEAR OF A FIVE-YEAR APPROPRIATION MADE PURSUANT TO SUCH SUBDIVISION. TO
THE EXTENT ANY OTHER PROVISION OF CHAPTER NINE OR TEN OF SUCH CHARTER IS
INCONSISTENT WITH THE PROVISIONS OF THIS SECTION, THE PROVISIONS OF THIS
SECTION SHALL GOVERN.
S 2590-Q. BUDGETARY AND FISCAL PROCESSES. 1. THE COMMISSIONER SHALL
ANNUALLY ADVISE THE COMMUNITY BOARDS WITH RESPECT TO THE FORM AND
CONTENT OF THE BUDGET REQUESTS AND ACCOMPANYING FISCAL ESTIMATES
REQUIRED TO BE SUBMITTED BY THE MAYOR OF THE CITY OF NEW YORK FOR THE
NEXT ENSUING FISCAL YEAR, TOGETHER WITH SUCH ADDITIONAL INFORMATION AS
HE OR SHE MAY REQUIRE.
2. ON SUCH DATE AS THE MAYOR SHALL DIRECT, THE CITY BOARD SHALL SUBMIT
TO THE MAYOR:
(A) ESTIMATES, AS ADOPTED, 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 ESTI-
MATES SUBMITTED BY THE COMMUNITY BOARDS, AS ORIGINALLY SUBMITTED AND AS
MODIFIED PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
(B) ESTIMATES OF THE AMOUNT TO BE RECEIVED AS A RESULT OF THE APPOR-
TIONMENT OF MONEYS PAYABLE FROM THE STATE IN SUCH FISCAL YEAR; AND
(C) ESTIMATES OF THE AMOUNT TO BE RECEIVED FOR SCHOOL SYSTEM EXPENDI-
TURES BY THE CITY DISTRICT IN SUCH FISCAL YEAR FROM SOURCES OTHER THAN
APPROPRIATIONS OF CITY FUNDS OR APPROPRIATIONS OR OTHER PROVISIONS OF
FUNDS IN THE CAPITAL BUDGET OF THE CITY OR APPORTIONMENT OF MONEYS FROM
THE STATE PAYABLE IN SUCH FISCAL YEAR.
S. 5719 31
3. ALL ESTIMATES SUBMITTED BY THE CITY BOARD SHALL BE PREPARED IN THE
MANNER PRESCRIBED BY THE NEW YORK CITY CHARTER FOR SUBMISSION OF DEPART-
MENTAL ESTIMATES FOR CURRENT EXPENSES TO THE MAYOR AND SHALL SET FORTH
THE TOTAL AMOUNTS PROPOSED FOR PROGRAMS OR ACTIVITIES OF THE COMMUNITY
BOARDS IN UNITS OF APPROPRIATION SEPARATE FROM THOSE SET FORTH FOR
PROGRAMS OR ACTIVITIES OPERATED BY THE CITY BOARD; PROVIDED, HOWEVER,
THAT NOTHING SHALL PREVENT THE CITY BOARD FROM INCLUDING IN SUCH ESTI-
MATES A UNIT OR UNITS OF APPROPRIATION TO BE ALLOCATED TO IT IN ITS
DISCRETION, TO COMMUNITY BOARDS PURSUANT TO SUBDIVISION TEN OF THIS
SECTION TO FINANCE INNOVATIVE PROGRAMS OR ACTIVITIES BY SUCH COMMUNITY
BOARDS.
4. IN ACTING ON THE PROPOSED UNITS OF APPROPRIATION FOR PROGRAMS OR
ACTIVITIES OF COMMUNITY BOARDS, THE BOARD OF ESTIMATE AND CITY COUNCIL
OF THE CITY OF NEW YORK MAY, SUBJECT TO THE VETO OF THE MAYOR, INCREASE
OR DECREASE THE TOTAL AMOUNT OF EACH SUCH UNIT OF APPROPRIATION BUT,
NOTWITHSTANDING ANY PROVISION OF THE NEW YORK CITY CHARTER OR ANY OTHER
LAW TO THE CONTRARY, THEY SHALL NOT HAVE POWER TO ADD ANY OTHER UNIT OF
APPROPRIATION FOR ONE OR MORE COMMUNITY BOARDS.
5. (A) NOT LATER THAN THIRTY DAYS AFTER THE AMOUNT OF SUCH FUNDS
BECOMES DETERMINED BY ADOPTION OF THE BUDGET PURSUANT TO SUBDIVISION
SIX, BY ALLOCATION PURSUANT TO SUBDIVISIONS TEN, ELEVEN, FOURTEEN AND
FIFTEEN OF THIS SECTION, OR OTHERWISE, THE COMMISSIONER SHALL TRANSMIT
TO EACH COMMUNITY BOARD A STATEMENT ENUMERATING THE FEDERAL, STATE, CITY
AND PRIVATE FUNDS WHICH HAVE BEEN ALLOCATED THEREUNDER TO SUCH COMMUNITY
BOARD FOR ITS PROGRAMS.
(B) AT THE SAME TIME, THE COMMISSIONER SHALL TRANSMIT TO THE COMMUNITY
BOARDS A STATEMENT OF THE ALLOCATION OF THE BALANCE OF SUCH FUNDS TO THE
SEVERAL PROGRAMS ADMINISTERED BY HIM OR HER AND THE CITY BOARD INCLUDING
THE DISTINCT AMOUNTS ASSIGNED TO EACH CATEGORY OF SCHOOLS AND PROGRAMS
SET FORTH IN SECTION TWENTY-FIVE HUNDRED NINETY-I AND THE AMOUNT ALLO-
CATED FOR THE OPERATION OF THE CITY BOARD, HIS OR HER OFFICE AND THE
OTHER ADMINISTRATIVE BUREAUS AND DIVISIONS THEREOF.
6. SPECIAL ESTIMATES TO MEET EXTRAORDINARY EXPENSES OF EMERGENCIES
WHICH MAY ARISE IN THE COURSE OF A FISCAL YEAR MAY BE SUBMITTED TO THE
COMMISSIONER BY ANY COMMUNITY BOARD AND, PURSUANT TO SUBDIVISION SIX OF
SECTION TWENTY-FIVE HUNDRED SEVENTY-SIX OF THIS CHAPTER, THE COMMISSION-
ER MAY, IN ITS DISCRETION, SUBMIT SUCH SPECIAL ESTIMATES TO THE MAYOR OF
THE CITY OF NEW YORK. THE COMMISSIONER MAY ALSO SUBMIT SPECIAL ESTIMATES
TO THE MAYOR IN CONNECTION WITH THE SCHOOLS AND PROGRAMS UNDER HIS OR
HER JURISDICTION.
7. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, ANY MONEYS
APPROPRIATED TO OR AUTHORIZED FOR EXPENDITURE BY THE CITY BOARD INCLUD-
ING MONEYS SO APPROPRIATED TO FINANCE INNOVATIVE PROGRAMS OR ACTIVITIES
BY COMMUNITY BOARDS (BUT OTHER THAN MONEYS SO APPROPRIATED FOR THE EXER-
CISE OF POWERS OR DUTIES RESERVED TO THE CITY BOARD) MAY BE ALLOCATED BY
THE COMMISSIONER TO ANY COMMUNITY BOARD. ALLOCATIONS MADE PURSUANT TO
THIS SUBDIVISION SHALL BE BASED ON THE NEEDS OF THE RECIPIENT COMMUNITY
BOARDS, 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
BOARDS.
8. THE COMMISSIONER SHALL PERFORM ALL FUNCTIONS IN CONNECTION WITH
ARTICLE SEVENTY-THREE OF THIS CHAPTER; PROVIDED THAT THE COMMISSIONER
SHALL ALLOCATE TO THE COMMUNITY BOARDS THE STATE FUNDS APPORTIONED TO
THE CITY DISTRICT PURSUANT TO ARTICLE SEVENTY-THREE OF THIS CHAPTER,
S. 5719 32
LESS THE AMOUNT OF SUCH FUNDS NECESSARY TO ENABLE THE COMMISSIONER TO
CARRY OUT HIS OR HER RESPONSIBILITIES, ON THE BASIS OF AN OBJECTIVE
FORMULA ESTABLISHED BY THE CITY BOARD ANNUALLY, AFTER CONSULTATION WITH
THE COMMUNITY BOARDS AND THE MAYOR, WHICH FORMULA SHALL REFLECT THE
RELATIVE EDUCATIONAL NEEDS OF THE COMMUNITY DISTRICTS TO THE MAXIMUM
EXTENT FEASIBLE.
9. THE COMMISSIONER SHALL PERFORM ALL FUNCTIONS IN CONNECTION WITH
SECTIONS TWENTY-FIVE HUNDRED SEVENTY-SIX, TWENTY-FIVE HUNDRED
SEVENTY-SEVEN, TWENTY-FIVE HUNDRED SEVENTY-NINE, TWENTY-FIVE HUNDRED
EIGHTY-ONE, TWENTY-FIVE HUNDRED EIGHTY-TWO, TWENTY-FIVE HUNDRED EIGHTY-
THREE AND TWENTY-FIVE HUNDRED EIGHTY-FOUR OF THIS CHAPTER.
10. THE CITY BOARD THROUGH THE COMMISSIONER SHALL PERFORM ALL FUNC-
TIONS IN CONNECTION WITH THE CAPITAL BUDGET AS PROVIDED IN CHAPTER NINE
OF THE CHARTER OF THE CITY OF NEW YORK, EXCEPT AS OTHERWISE PROVIDED IN
THIS ARTICLE.
11. WITH RESPECT TO SPECIAL, FEDERAL, STATE AND PRIVATE FUNDS, EACH
COMMUNITY BOARD MAY:
(A) CONTRACT FOR AND RECEIVE FUNDS TO BE TRANSMITTED TO THE CITY BOARD
AND DISBURSED THROUGH THE COMMISSIONER. NO SPECIAL FUNDS MAY BE USED AS
A MEANS OF BRINGING ABOUT THE ELIMINATION OF EXISTING PERSONNEL LINES,
TITLES OR EMPLOYEES. COMMUNITY BOARDS MAY USE BUDGET FUNDS ALLOCATED
AND RESOURCES OBTAINED WITHIN THE SCOPE OF EXISTING LAW AND CONTRACTUAL
OBLIGATIONS TO DESIGN PROGRAMS OF EDUCATIONAL EXCELLENCE TAILORED TO THE
NEEDS AND PECULIAR CHARACTERISTICS OF THE DISTRICT;
(B) ENTER INTO CONTRACTS NECESSARY OR CONVENIENT TO THE DISCHARGE OF
THE POWERS AND DUTIES WITH THE CITY, STATE AND FEDERAL GOVERNMENTS,
PRIVATE FOUNDATIONS, AGENCIES AND INDIVIDUALS, THE CITY BOARD AND OTHER
COMMUNITY BOARDS SUBJECT TO THE APPROVAL OF THE COMMISSIONER;
(C) IN THE CASE OF FEDERAL OR STATE FUNDS NOT ALLOCATED TO THE CITY
DISTRICT ON A FORMULA BASIS, TO APPLY TO THE FUNDING AGENCY, AS A LOCAL
EDUCATIONAL AGENCY, AND TO ACCEPT ANY FUNDS GRANTED OR APPORTIONED IN
THIS CONNECTION FOR ITS USE AND ACCOUNT, PROVIDED, HOWEVER, THAT AS TO
FEDERAL FUNDS AVAILABLE TO AREAS AFFECTED BY FEDERAL ACTIVITIES PURSUANT
TO PUBLIC LAW EIGHT HUNDRED SEVENTY-FOUR, COMMUNITY BOARDS SHALL NOT BE
CONSIDERED LOCAL EDUCATIONAL AGENCIES AND SHALL HAVE NO POWER TO APPLY
DIRECTLY TO THE FUNDING AGENCY BUT SUCH FUNDS SHALL BE REALLOCATED TO
COMMUNITY BOARDS BY THE COMMISSIONER IN ACCORDANCE WITH A FORMULA DETER-
MINED BY THE CITY BOARD; AND
(D) IN THE CASE OF SPECIAL FUNDS ALLOCATED TO THE CITY DISTRICT ON A
FORMULA BASIS, TO SUBMIT PROPOSALS TO THE COMMISSIONER FOR A REVIEW AS
TO FORM ONLY AND PROMPT TRANSMITTAL TO THE FUNDING AGENCY; PROVIDED,
HOWEVER, THAT IN THE CASE OF SUCH SPECIAL FUNDS COMMUNITY BOARDS SHALL
NOT BE CONSIDERED LOCAL EDUCATIONAL AGENCIES; AND PROVIDED FURTHER THAT
THE TOTAL AMOUNT OF SUCH PROPOSALS SUBMITTED BY ANY COMMUNITY BOARD
SHALL NOT EXCEED THE AMOUNT OF AN APPORTIONMENT MADE BY THE COMMISSIONER
ON THE BASIS OF A FORMULA DETERMINED BY THE CITY BOARD, AFTER CONSIDER-
ING THE RECOMMENDATION OF THE COMMISSIONER AND AFTER CONSULTATION WITH
COMMUNITY BOARDS AND THE MAYOR, WHICH FORMULA REFLECTS THE SAME EDUCA-
TIONAL AND ECONOMIC FACTORS AS THE FORMULA FOR APPORTIONMENT OF SUCH
SPECIAL FUNDS TO THE CITY DISTRICT; AND PROVIDED FURTHER THAT EACH
COMMUNITY BOARD SHALL CONSULT FULLY WITH NON-PUBLIC SCHOOL AUTHORITIES
ON A CONTINUING BASIS WITH RESPECT TO ANY OF SUCH SPECIAL FUNDS APPLICA-
BLE TO NON-PUBLIC SCHOOL PROGRAMS AND STUDENTS SUBJECT TO THE POWER AND
DUTY OF THE CITY BOARD THROUGH THE COMMISSIONER TO ENSURE THAT APPLICA-
BLE PROVISIONS OF STATE AND FEDERAL LAW AND REGULATIONS WITH RESPECT TO
S. 5719 33
PROGRAMS FOR STUDENTS IN ATTENDANCE AT NON-PUBLIC SCHOOLS THROUGHOUT THE
CITY DISTRICT SHALL BE CARRIED OUT.
12. WITH RESPECT TO SPECIAL, FEDERAL, STATE AND PRIVATE FUNDS, THE
COMMISSIONER SHALL PROVIDE COMMUNITY BOARDS WITH INFORMATION ABOUT THE
AVAILABILITY OF SUCH FUNDS AND FURNISH TECHNICAL ASSISTANCE WITH RESPECT
TO THE PREPARATION OF PROPOSALS, RECORD KEEPING AND THE ADMINISTRATION
OF SUCH PROGRAMS.
13. ON OR BEFORE OCTOBER FIRST OF EACH YEAR, THE CITY BOARD SHALL
SUBMIT TO THE COMMISSIONER, IN THE FORM TO BE PRESCRIBED BY HIM, THE
ANNUAL BUDGET FOR THE CITY DISTRICT FOR THE CURRENT FISCAL YEAR.
14. (A) EACH COMMUNITY SUPERINTENDENT SHALL PREPARE SEMI-ANNUAL
REPORTS WHICH SHALL BE DUE BY DECEMBER FIFTEENTH AND APRIL FIFTEENTH OF
EACH YEAR. EACH REPORT SHALL INCLUDE BUT NOT BE LIMITED TO AN ACCOUNTING
OF ALL FUNDS RECEIVED AND EXPENDED BY THE SUBJECT COMMUNITY BOARD FROM
ALL SOURCES INCLUDING APPROPRIATIONS FOR PROGRAMS AND ACTIVITIES OF THE
SCHOOL BOARD AND RECEIPTS FROM EXTERNAL SOURCES.
(B) IN ADDITION, A FINAL YEAR-END REPORT SHALL BE DUE ON AUGUST
FIFTEENTH AND SHALL INCLUDE AN ACCOUNTING OF ALL FUNDS RECEIVED AND
EXPENDED BY THE SUBJECT COMMUNITY BOARD FROM ALL SOURCES INCLUDING
APPROPRIATIONS FOR PROGRAMS AND ACTIVITIES OF THE SCHOOL BOARD.
(C) COPIES OF REPORTS OUTLINED IN PARAGRAPHS (A) AND (B) OF THIS
SUBDIVISION SHALL BE GIVEN TO THE CITY BOARD AND THE SUBJECT COMMUNITY
BOARD AND SHALL BE AVAILABLE TO THE PUBLIC.
15. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, THE POWERS
AND DUTIES CONFERRED ON A COMMUNITY SCHOOL BOARD BY THIS SECTION SHALL
BE EXERCISED EXCLUSIVELY BY THE COMMUNITY SUPERINTENDENT EMPLOYED BY
SUCH BOARD.
S 2590-R. SCHOOL BASED BUDGETING AND EXPENDITURE REPORTING. THE
COMMISSIONER SHALL, IN CONSULTATION WITH THE CITY BOARD AND COMMUNITY
DISTRICT SUPERINTENDENTS, ESTABLISH IN REGULATIONS A COMPREHENSIVE PROC-
ESS OF SCHOOL-BASED BUDGETING AND EXPENDITURE REPORTING NO LATER THAN
NOVEMBER FIRST, TWO THOUSAND FOURTEEN. NOTWITHSTANDING ANY PROVISION OF
SECTION TWENTY-FIVE HUNDRED NINETY-Q OF THIS ARTICLE TO THE CONTRARY,
SUCH REGULATIONS SHALL INCLUDE PROVISIONS FOR:
1. THE ALLOCATION OF PROJECTED REVENUES AMONG COMMUNITY DISTRICTS AND
THEIR SCHOOLS ON THE BASIS OF OBJECTIVE FORMULAE DEVELOPED BY THE
COMMISSIONER, AFTER CONSULTATION WITH THE COMMUNITY BOARDS, COMMUNITY
SUPERINTENDENTS 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;
2. THE PRINCIPAL OF EACH SCHOOL TO PROPOSE A SCHOOL-BASED EXPENDITURE
BUDGET, AFTER SOLICITING INPUT PURSUANT TO SECTION TWENTY-FIVE HUNDRED
NINETY-I OF THIS ARTICLE ON BUDGET PRIORITIES FROM ALL MEMBERS OF THE
SCHOOL COMMUNITY;
3. THE REVIEW, MODIFICATION AND APPROVAL OF THE PROPOSED SCHOOL BUDGET
BY THE COMMUNITY SUPERINTENDENT;
4. WITHIN AMOUNTS ESTIMATED BY THE COMMISSIONER, THE AGGREGATION OF
THE PROPOSED SCHOOL-BASED BUDGETS, AS MODIFIED AND APPROVED BY THE
COMMUNITY SUPERINTENDENT, WITH A PROPOSED BUDGET FOR THE ADMINISTRATIVE
AND OPERATIONAL EXPENSES OF THE COMMUNITY SUPERINTENDENT AND COMMUNITY
BOARD, AS DEVELOPED BY THE COMMUNITY SUPERINTENDENT, FOR SUBMISSION TO
THE COMMISSIONER;
5. THE COMMISSIONER TO DEVELOP A SCHOOL-BASED BUDGETING PROCESS FOR
SCHOOLS UNDER HIS OR HER JURISDICTION CONSISTENT WITH THIS SECTION;
6. THE AGGREGATION OF THE COMMUNITY DISTRICT BUDGETS, AS MODIFIED AND
APPROVED BY THE COMMISSIONER, WITH A PROPOSED BUDGET FOR ADMINISTRATIVE
S. 5719 34
AND OPERATIONAL EXPENDITURES OF THE CITY BOARD AND THE COMMISSIONER, AS
PREPARED BY THE COMMISSIONER, FOR SUBMISSION TO AND ADOPTION BY THE CITY
BOARD AFTER A PUBLIC HEARING;
7. AFTER FINAL ADOPTION OF THE BUDGET FOR THE CITY DISTRICT BY THE
MAYOR AND CITY COUNCIL, A PROCESS OF DISTRIBUTING ANY REDUCTIONS OR
INCREASES REQUIRED BY SUCH ADOPTION IN AN EQUITABLE MANNER WHICH CONSID-
ERS THE RELATIVE NEEDS OF COMMUNITY DISTRICTS AND SCHOOLS TO THE MAXIMUM
EXTENT FEASIBLE AND FOR MODIFYING THE PROPOSED BUDGET ACCORDINGLY. SUCH
PROCESS SHALL INCLUDE AN ANALYSIS OF THE RELATIVE FUNDING LEVELS OF THE
STATE, THE CITY, THE FEDERAL GOVERNMENT, AND OTHER SOURCES OF FUNDS; A
COMPARISON OF THE LEVEL OF SUCH FUNDING AGAINST PREVIOUS YEARS' TOTAL
APPROPRIATIONS AND ACTUAL EXPENDITURES; AND AN ANALYSIS OF THE DISTRIB-
UTION OF FUNDS;
8. A COMPREHENSIVE SYSTEM OF PUBLIC REPORTING 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;
9. PROCEDURES FOR SCHOOLS, SUPERINTENDENTS AND THE COMMISSIONER TO
MODIFY AND REALLOCATE MONIES IN THE ENACTED BUDGET;
10. A UNIFORM SYSTEM OF BUDGET REQUESTS, REPORTS AND APPROPRIATIONS.
SUCH UNITS OF APPROPRIATION SHALL INCLUDE (A) SUCH COMPENSATION AND
BENEFITS FOR STAFF; (B) INSTRUCTION AND FOR PUPIL SERVICES, INCLUDING
COSTS FOR PURCHASES, LIBRARY SERVICES, INSTRUCTIONAL MATERIALS, AND ALL
OTHER SCHOOL-BASED INSTRUCTIONAL AND INSTRUCTIONAL SUPPORT COSTS ATTRIB-
UTABLE TO OTHER THAN PERSONAL SERVICES; (C) ADMINISTRATIVE AND NON-IN-
STRUCTIONAL COST AND (D) EXTRA-CURRICULAR ACTIVITIES;
11. THE PROVISION OF APPROPRIATE TECHNICAL SUPPORT AND TRAINING TO
SCHOOL PERSONNEL, PARENTS AND OTHER PARTICIPANTS IN SCHOOL-BASED BUDGET-
ING;
12. A COMPREHENSIVE PLANNING AND MONITORING PROCESS TO PROMOTE THE
IMPLEMENTATION OF SCHOOL-BASED BUDGETING;
13. AN ANNUAL UPDATE OF A CAPITAL PLAN BY THE SUPERINTENDENT WITH
PARTICIPATION OF PRINCIPALS AND SCHOOLS, ADDRESSING HEALTH AND SAFETY,
MAINTENANCE, CAPACITY AND TECHNOLOGY; AND
14. A COLLABORATIVE SCHOOL-BASED PLANNING PROCESS INVOLVING PARENTS,
TEACHERS, OTHER SCHOOL PERSONNEL AND, WHERE APPROPRIATE, STUDENTS TO
EFFECTUATE THE PURPOSES OF THIS SECTION.
S 2590-S. PROMPT PAYMENT OF SALARIES. IN A CITY WITH A POPULATION OF
ONE MILLION OR MORE, ALL EMPLOYEES OF THE BOARD OF EDUCATION SHALL BE
PAID THE AMOUNT OF COMPENSATION DUE THEM PURSUANT TO COLLECTIVE BARGAIN-
ING AGREEMENTS, EXCEPT AS IS OTHERWISE PROVIDED IN SECTION THREE THOU-
SAND ELEVEN OF THIS CHAPTER. IF SUCH PAYMENTS ARE NOT MADE ON THE DATES
SO REQUIRED, INTEREST SHALL BE RECOVERED BEGINNING THIRTY DAYS, FOLLOW-
ING THE LATER OF THE EFFECTIVE DATE OF THIS SECTION OR THE REQUIRED
PAYMENT DATE THROUGH THE DAY THAT PAYMENT IS IN FACT TENDERED. IN THE
CASE OF A SALARY DIFFERENTIAL, THE DATE COMPENSATION IS DUE SHALL BE
DEFINED AS THIRTY DAYS FOLLOWING THE DATE AN EMPLOYEE'S APPLICATION IS
FILED BY THE EMPLOYEE WITH THE BOARD OF EDUCATION OF THE CITY OF NEW
YORK. INTEREST SHALL BE COMPUTED AT THE RATE SET FORTH IN PARAGRAPH ONE
OF SUBSECTION (E) OF SECTION ONE THOUSAND NINETY-SIX OF THE TAX LAW AND
SHALL BE ADDED TO ANY COMPENSATION AMOUNTS REFERRED TO IN THIS SECTION
THAT HAVE NOT BEEN PAID WHEN OWED.
S 2590-T. EDUCATIONAL FACILITIES MASTER PLAN. 1. IN ACCORDANCE WITH
THE SCHEDULE SET FORTH IN SUBDIVISION TWO OF THIS SECTION, THE COMMIS-
SIONER SHALL PREPARE AN EDUCATIONAL FACILITIES MASTER PLAN TO TAKE
S. 5719 35
EFFECT ON JULY FIRST, TWO THOUSAND TEN, WHICH SHALL SET FORTH ALL THE
ACTIONS NECESSARY TO RESTORE THE CITY'S EDUCATIONAL FACILITIES TO A
STATE OF GOOD REPAIR BY JANUARY FIRST, TWO THOUSAND TWENTY. THE PLAN
SHALL (A) SET FORTH THE MINIMUM ACCEPTABLE STANDARDS FOR EACH TYPE OF
EDUCATIONAL FACILITY AND THE NUMBER AND IDENTITY TO THE EXTENT ASCER-
TAINABLE OF FACILITIES OF EACH SUCH TYPE THAT THE COMMISSIONER BELIEVES
DO NOT CURRENTLY MEET SUCH MINIMUM STANDARDS, (B) IDENTIFY THOSE FACILI-
TY DEFECTS AND SHORTCOMINGS THAT MOST SERIOUSLY IMPEDE LEARNING AND
TEACHING, (C) DESCRIBE THE REMEDIAL MEASURES PROPOSED TO BE TAKEN, (D)
ESTABLISH PRIORITIES FOR THEIR INITIATION AND COMPLETION, INCLUDING A
LIST OF PRIORITIZED PROJECTS TO THE EXTENT ASCERTAINABLE, AND (E) LIST
EACH PROPOSED NEW EDUCATIONAL FACILITY AND SET FORTH A JUSTIFICATION,
INCLUDING DEMOGRAPHIC DATA, DOCUMENTING THE LONGTERM NEED THEREFOR. IN
ADDITION, THE MASTER PLAN SHALL INCLUDE AN ESTIMATE OF ITS COST AND SUCH
OTHER INFORMATION AS THE COMMISSIONER SHALL DETERMINE.
2. NO LATER THAN JANUARY SIXTH, TWO THOUSAND TEN, THE COMMISSIONER
SHALL, IN CONJUNCTION WITH THE SUBMISSION OF THE FIVE-YEAR EDUCATIONAL
FACILITIES CAPITAL PLAN REQUIRED BY SECTION TWENTY-FIVE HUNDRED NINETY-P
OF THIS ARTICLE, SUBMIT THE MASTER PLAN TO EACH COMMUNITY SCHOOL BOARD,
WHICH SHALL CONDUCT A PUBLIC HEARING ON BOTH THE EDUCATIONAL FACILITIES
MASTER PLAN AND THE FIVE-YEAR EDUCATIONAL FACILITIES CAPITAL PLAN AND
SHALL PREPARE AND SUBMIT RECOMMENDATIONS TO THE COMMISSIONER ON OR
BEFORE FEBRUARY TWENTIETH, TWO THOUSAND TEN, WITH RESPECT TO MATTERS IN
THE PLANS THAT INVOLVE THAT SCHOOL DISTRICT. THE COMMISSIONER SHALL
CONSIDER THE RECOMMENDATIONS RECEIVED FROM THE COMMUNITY SCHOOL BOARDS,
AND, ON OR BEFORE MARCH EIGHTH, TWO THOUSAND TEN, SHALL SUBMIT A FINAL
EDUCATIONAL FACILITIES MASTER PLAN TO THE CITY BOARD FOR ITS APPROVAL.
ON OR BEFORE MARCH TWENTY-SECOND, TWO THOUSAND TEN, THE CITY BOARD SHALL
APPROVE THE EDUCATIONAL FACILITIES MASTER PLAN SUBMITTED BY THE COMMIS-
SIONER OR SUCH PLAN AS IS DETERMINED BY THE CITY BOARD.
S 2590-U. COMMUNITY DISTRICT EDUCATION COUNCIL COMMITTEES; ESTAB-
LISHED. 1. THERE IS HEREBY ESTABLISHED A COMMITTEE WITHIN EACH COMMUNITY
SCHOOL DISTRICT TO ASSIST THE NEW YORK CITY DEPARTMENT OF EDUCATION, IN
CONJUNCTION WITH THE COMMUNITY DISTRICT EDUCATION COUNCILS, IN APPOINT-
ING INDIVIDUALS TO SERVE COMMUNITY SUPERINTENDENT AND PUBLIC SCHOOL
PRINCIPAL POSITIONS WITHIN SUCH DISTRICT. EACH COMMITTEE SHALL BE NAMED
AND REFERRED TO AS THE COMMUNITY DISTRICT EDUCATION COUNCIL SELECTION
COMMITTEE.
2. THE COMMITTEE SHALL CONSIST OF NINE VOTING MEMBERS, ONE MEMBER TO
BE APPOINTED BY THE COUNCIL OF SUPERVISORS AND ADMINISTRATORS, ONE
MEMBER TO BE APPOINTED BY THE UNITED FEDERATION OF TEACHERS, THREE
MEMBERS, WHO ARE PARENTS OF CHILDREN ATTENDING SCHOOL WITHIN THE JURIS-
DICTION OF THE COMMUNITY DISTRICT, TO BE SELECTED BY THE PRESIDENTS AND
OFFICERS OF THE PARENTS' ASSOCIATION OR PARENT-TEACHERS' ASSOCIATION,
AND FOUR MEMBERS TO BE MEMBERS OF THE APPROPRIATE COMMUNITY DISTRICT
EDUCATION COUNCIL. EACH COMMITTEE SHALL BE RESPONSIBLE FOR SECURING
NAMES OF RESPECTIVE CANDIDATES FROM THE NEW YORK CITY DEPARTMENT OF
EDUCATION AND SCHEDULING AN INTERVIEW WITH EACH PROSPECTIVE CANDIDATE.
EACH COMMITTEE SHALL SELECT ONE OF ITS VOTING MEMBERS TO SERVE AS CHAIR.
RULES FOR CONDUCTING THESE INTERVIEWS SHALL BE PROMULGATED BY THE
COMMITTEE.
3. FOLLOWING COMPLETION OF THE APPLICATION PROCESS, AS DESCRIBED IN
SUBDIVISIONS FIVE, SIX AND SEVEN OF THIS SECTION, THE COMMITTEE SHALL
SUBMIT WRITTEN EVALUATIONS OF EACH CANDIDATE AND ANY RECOMMENDATION FOR
THE SELECTION OF A CANDIDATE TO THE NEW YORK CITY DEPARTMENT OF EDUCA-
TION WITHIN FIVE BUSINESS DAYS FROM THE DATE OF THE LAST CANDIDATE'S
S. 5719 36
INTERVIEW. THE NEW YORK CITY DEPARTMENT OF EDUCATION SHALL CONSIDER ALL
EVALUATIONS AND RECOMMENDATIONS OF THE CANDIDATES MADE BY THE COMMITTEE
PRIOR TO SELECTING A CANDIDATE FOR THE POSITION.
4. THE NEW YORK CITY DEPARTMENT OF EDUCATION SHALL NOT EXTEND ANY
EMPLOYMENT OFFER TO ANY CANDIDATE PRIOR TO THE COMMITTEE'S SUBMISSION OF
EVALUATIONS AND RECOMMENDATIONS TO SUCH DEPARTMENT. ANY OFFER EXTENDED
WITHOUT PRIOR SUBMISSION OF SUCH EVALUATION SHALL CONSTITUTE A VIOLATION
OF THE PROVISIONS OF THIS SECTION.
5. THE COMMITTEE SHALL REVIEW ALL PRE-SELECTED APPLICATIONS FOR PUBLIC
SCHOOL PRINCIPAL OR SUPERINTENDENT POSITIONS WITHIN THEIR COMMUNITY
SCHOOL DISTRICT. THE COMMITTEE SHALL BE RESPONSIBLE FOR SETTING FORTH
PARTICULAR GUIDELINES AND CRITERIA FOR EVALUATING THE APPLICANTS. AFTER
REVIEWING EACH APPLICATION, THE COMMITTEE SHALL SUBMIT EVALUATIONS OF
EACH APPLICANT TO THE NEW YORK CITY DEPARTMENT OF EDUCATION. SUCH
DEPARTMENT SHALL REVIEW ALL EVALUATIONS SUBMITTED BY THE COMMITTEE AND
SHALL CONSIDER THE EVALUATIONS IN SELECTING THE FINAL APPLICANTS OR
CANDIDATES TO PROCEED TO THE INTERVIEWING STAGE OF THE APPLICATION PROC-
ESS.
6. AT ANY TIME DURING THE APPLICATION PERIOD FOR A PARTICULAR POSI-
TION, THE COMMITTEE MAY, IN GOOD FAITH, SUBMIT A WRITTEN REQUEST TO
REVIEW ALL APPLICATIONS SUBMITTED TO THE NEW YORK CITY DEPARTMENT OF
EDUCATION FOR SUCH POSITION. THE NEW YORK CITY DEPARTMENT OF EDUCATION
SHALL PERMIT THE COMMITTEE TO REVIEW THE APPLICATIONS. THE COMMITTEE
SHALL BE PERMITTED TO PRESENT TO SUCH DEPARTMENT ANY OTHER APPLICATIONS
DEEMED WORTHY OF CONSIDERATION.
7. DURING THE INTERVIEW STAGE OF THE APPLICATION PROCESS, THE NEW YORK
CITY DEPARTMENT OF EDUCATION SHALL PERMIT THE COMMITTEE TO INTERVIEW ALL
FINAL CANDIDATES FOR THE POSITION. THE NEW YORK CITY DEPARTMENT OF
EDUCATION SHALL ARRANGE A SECOND INTERVIEW WITH THE CANDIDATES TO AFFORD
THE COMMITTEE AN OPPORTUNITY TO INTERVIEW SUCH CANDIDATES. THE COMMIT-
TEE, BY A MAJORITY VOTE, SHALL MAKE AT LEAST FIVE RECOMMENDATIONS TO
SUCH DEPARTMENT, WHICH SHALL, IN TURN, MAKE A FINAL SELECTION OF A
CANDIDATE FOR THE POSITION FROM THE COMMITTEE'S LIST OF RECOMMENDATIONS.
S 2. This act shall take effect June 30, 2009.
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