S T A T E   O F   N E W   Y O R K
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                                  5739

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 2, 2009
                               ___________

Introduced  by  Sen. HUNTLEY -- 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  reform  of  the
  system of school governance in the city school district of the city of
  New  York;  to repeal certain provisions of such law relating thereto;
  making an appropriation therefor; and providing for the repeal of such
  provisions upon expiration thereof

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

  Section  1.  Legislative  findings. Bronx, Kings, New York, Queens and
Richmond counties, including the five Boroughs of New York city  contain
a  population  of  approximately  8.25 million people. Approximately 1.1
million youth attend public schools in the New York city  public  school
system.  For  the  last  six years, this public school system, by act of
this legislature, has been governed by mayoral control.
  Mayoral control will sunset in June 2009. Hearings have been  held  on
behalf  of  the senate by the democratic taskforce on school governance,
the assembly education committee, and by the New York city public  advo-
cate's  commission.  The  legislature  has received recommendations from
individuals, from the New York city council, the  united  federation  of
teachers, from other groups, and from the mayor of the city of New York.
There  is  a general, if not unanimous agreement, that changes in school
governance are needed to provide improved transparency,  accountability,
and  representation  of  parent,  teacher and student views in the deci-
sion-making process at the central and  local  district  levels  and  at
school site level.
  The  unacceptable  conditions  of  New  York  city public schools with
regard to graduation rates, literacy and numeracy, scientific, artistic,
and civic knowledge and engagement for the majority of its students have
persisted despite numerous changes in governance structures  and  proce-
dures  over  the  past  40  years. There is presently no explicit artic-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14072-01-9
              

S. 5739                             2

ulation of the goals of education in New York city, or  how  to  achieve
these goals.
  The legislature therefore determines that it is necessary to establish
a commission on public education.
  S 2. Section 2590-b of the education law is REPEALED and a new section
2590-b is added to read as follows:
  S 2590-B. CONTINUATION OF THE CITY BOARD AND ESTABLISHMENT OF COMMUNI-
TY  DISTRICTS;  ESTABLISHMENT OF THE CITY-WIDE COUNCIL ON SPECIAL EDUCA-
TION; ESTABLISHMENT OF THE CITY-WIDE COUNCIL ON HIGH SCHOOLS.    1.  (A)
THE  BOARD  OF  EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK IS HEREBY CONTINUED. SUCH  BOARD  OF  EDUCATION  SHALL  CONSIST  OF
FIFTEEN  VOTING MEMBERS AND ONE NON-VOTING MEMBER. THE VOTING MEMBERSHIP
ON THE BOARD SHALL BE COMPOSED AS FOLLOWS: SIX MEMBERS TO BE PARENTS WHO
ARE ELECTED PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION; THREE MEMBERS
TO BE APPOINTED BY THE MAYOR OF THE CITY OF NEW YORK; ONE MEMBER  TO  BE
APPOINTED  BY THE PUBLIC ADVOCATE OF THE CITY OF NEW YORK; ONE MEMBER TO
BE APPOINTED BY THE COUNCIL OF THE CITY OF NEW YORK  BY  MAJORITY  VOTE;
AND  FOUR  "EXPERT"  MEMBERS SELECTED BY THE OTHER VOTING MEMBERS OF THE
BOARD, THROUGH A COLLABORATIVE PROCESS PURSUANT TO PARAGRAPH (C) OF THIS
SUBDIVISION.  THE ONE NON-VOTING MEMBER SHALL BE APPOINTED BY THE  COMP-
TROLLER  OF  THE  CITY OF NEW YORK AND SHALL HAVE EXPERTISE IN FINANCIAL
AND BUDGETARY MATTERS. ALL MEMBERS SHALL  SERVE  FOUR-YEAR  FIXED  TERMS
BEGINNING  IN JANUARY, EXCEPT THOSE MEMBERS WHO BEGIN THEIR TERMS IN THE
FIRST JANUARY AFTER THE EFFECTIVE DATE OF THIS SECTION, PURSUANT TO  THE
FOLLOWING  STAGGERED  TERM EXPIRATION SCHEDULE:  THE FOUR EXPERTS' TERMS
SHALL EXPIRE IN JANUARY, TWO THOUSAND TWELVE; THE PUBLIC ADVOCATE,  CITY
COUNCIL,  AND COMPTROLLER APPOINTEES' TERMS SHALL EXPIRE IN JANUARY, TWO
THOUSAND THIRTEEN; THE THREE MAYORAL APPOINTEES' TERMS SHALL  EXPIRE  IN
JANUARY,  TWO THOUSAND FOURTEEN; AND THE SIX PARENTS' TERMS SHALL EXPIRE
IN JANUARY, TWO THOUSAND FIFTEEN. THEREAFTER, ALL  MEMBERS  SHALL  SERVE
FIXED  TERMS  WITH  EXPIRATION  DATES  FOUR YEARS AFTER THEIR RESPECTIVE
COMMENCEMENT DATES. NO MEMBER SHALL BE EMPLOYED IN ANY CAPACITY  BY  THE
DEPARTMENT,  AND  NO  APPOINTED MEMBER SHALL BE A GOVERNMENT EMPLOYEE OR
EMPLOYED BY AN ENTITY WITH A CONTRACT OF OVER FIFTY THOUSAND DOLLARS PER
YEAR WITH THE CITY. EACH MEMBER SHALL BE A RESIDENT OF THE CITY. A BOARD
MEMBER MAY BE REMOVED FOR CAUSE  BY  A  MAJORITY  OF  THE  VOTING  BOARD
MEMBERS.  ANY  VACANCY  IN  AN  APPOINTED  POSITION  SHALL  BE FILLED BY
APPOINTMENT BY THE APPROPRIATE APPOINTING AUTHORITY AND  ONLY  TO  SERVE
OUT  THE  TIME  REMAINING IN THAT TERM. NOTWITHSTANDING ANY PROVISION OF
LOCAL LAW, THE MEMBERS OF THE BOARD SHALL NOT HAVE  STAFF,  OFFICES,  OR
VEHICLES  ASSIGNED  TO  THEM OR RECEIVE COMPENSATION FOR THEIR SERVICES,
BUT SHALL BE REIMBURSED FOR THE ACTUAL AND NECESSARY  EXPENSES  INCURRED
BY THEM IN THE PERFORMANCE OF THEIR DUTIES.
  (B) THE SIX PARENT MEMBERS SHALL BE PARENTS, AS OF THE DATE THEIR TERM
BEGINS,  OF ONE OR MORE STUDENTS WHO CURRENTLY ATTEND OR HAVE WITHIN THE
LAST FIVE YEARS ATTENDED ONE OR MORE SCHOOLS IN THE  CITY  DISTRICT.  AT
LEAST  ONE OF THESE MEMBERS MUST ALSO BE A PARENT OF A SPECIAL EDUCATION
CHILD. THIS MEMBER SHALL BE ELECTED BY THE CITY-WIDE COUNCIL ON  SPECIAL
EDUCATION  CREATED  PURSUANT  TO  THIS  SECTION  IN CONJUNCTION WITH THE
SPECIAL EDUCATION  REPRESENTATIVE  ON  THE  CITY-WIDE  COUNCIL  OF  HIGH
SCHOOLS CREATED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-C OF THIS
ARTICLE  AND THE SPECIAL EDUCATION REPRESENTATIVES OF EACH OF THE COMMU-
NITY DISTRICT EDUCATION COUNCILS. ANY MEMBER ELECTED  BY  THE  CITY-WIDE
COUNCIL  ON  SPECIAL  EDUCATION, THE SPECIAL EDUCATION REPRESENTATIVE OF
THE CITY-WIDE COUNCIL OF HIGH SCHOOLS AND THE SPECIAL  EDUCATION  REPRE-
SENTATIVES  OF  EACH  COMMUNITY  DISTRICT EDUCATION COUNCIL SHALL BE THE

S. 5739                             3

PARENT  OF  A  STUDENT  WHO  RECEIVES  SERVICES  PURSUANT   TO   ARTICLE
EIGHTY-NINE OF THIS CHAPTER, INCLUDING ANY SERVICES MANDATED BY AN INDI-
VIDUALIZED  EDUCATION  PROGRAM,  AS  THAT  TERM  IS  DEFINED PURSUANT TO
SECTION  1401  OF  TITLE TWENTY OF THE UNITED STATES CODE. THE REMAINING
FIVE MEMBERS SHALL EACH REPRESENT A DISCRETE  GEOGRAPHICAL  AREA  WITHIN
THE  CITY  DISTRICT, WITH EACH GEOGRAPHICAL AREA HAVING ROUGHLY THE SAME
STUDENT POPULATION, AND SHALL BE ELECTED BY  MEMBERS  OF  THE  COMMUNITY
DISTRICT  EDUCATION  COUNCILS WITHIN THEIR RESPECTIVE GEOGRAPHICAL AREA,
THE BOUNDARIES OF SUCH GEOGRAPHICAL AREAS TO BE INITIALLY DETERMINED  BY
THE  COMMISSIONER,  IN  CONSULTATION  WITH THE PUBLIC ADVOCATE, WHO WILL
ADVISE THE BOARD OF ELECTIONS OF  THE  DETERMINATIONS.  SUCH  BOUNDARIES
SHALL  BE RE-DETERMINED THEREAFTER BY THE BOARD, WITH ITS FIRST DETERMI-
NATION OF SUCH BOUNDARIES TO BE COMPLETED BY FEBRUARY FIRST,  TWO  THOU-
SAND  THIRTEEN,  AND EVERY TEN YEARS THEREAFTER, IN EACH INSTANCE TAKING
INTO ACCOUNT RECENT CENSUS DATA AND ANY CHANGES IN DISTRICT  BOUNDARIES.
THE  ELECTIONS  FOR  THESE  SIX  MEMBERS  SHALL TAKE PLACE ON THE CITY'S
PRIMARY ELECTION DAY ON THE SECOND TUESDAY OF SEPTEMBER, WITH THE  FIRST
ELECTION  TO  TAKE  PLACE ON THE SECOND TUESDAY OF SEPTEMBER OF THE YEAR
THIS SECTION TAKES EFFECT. THE  YEAR  THIS  SECTION  TAKES  EFFECT,  THE
MEMBER  WHO  IS A PARENT OF A CHILD RECEIVING SPECIAL EDUCATION SERVICES
SHALL BE ELECTED BY THE CITY-WIDE  COUNCIL  ON  SPECIAL  EDUCATION,  THE
SPECIAL  EDUCATION  REPRESENTATIVE  OF  THE  CITY-WIDE  COUNCIL  OF HIGH
SCHOOLS, AND EACH COMMUNITY DISTRICT EDUCATION COUNCIL, WITH EACH COMMU-
NITY DISTRICT EDUCATION COUNCIL TO HAVE ONE VOTE IN SUCH ELECTION.  SUCH
MEMBER SHALL SERVE A ONE-YEAR TERM, AND A SPECIAL ELECTION SHALL BE HELD
TO ELECT A MEMBER WHO IS A PARENT OF A CHILD RECEIVING SPECIAL EDUCATION
SERVICES THE FOLLOWING SEPTEMBER AFTER THE COMMUNITY EDUCATION DISTRICTS
ARE RECONSTITUTED PURSUANT TO THIS SECTION.
  (C)  THE  COLLABORATIVE  PROCESS  BY  WHICH  THE  FOUR "EXPERT" VOTING
MEMBERS ARE SELECTED BY THE ELEVEN OTHER VOTING  MEMBERS  OF  THE  BOARD
SHALL PROCEED AS FOLLOWS:  (1) THERE SHALL BE AN OPEN NOMINATION PROCESS
AT  THE  VERY  FIRST BOARD MEETING FOLLOWING A VACANCY (INCLUDING AT THE
VERY FIRST MEETING OF THE FIRST BOARD CONSTITUTED  UNDER  THIS  SECTION,
WHEN  THERE ARE FOUR VACANCIES), ANY NOMINEE SHALL BE PHYSICALLY PRESENT
AT THAT MEETING TO BE ELIGIBLE, AND THERE SHALL BE  NO  SELF-NOMINATIONS
OR  NOMINATIONS  BY ANY VOTING MEMBER OF THE BOARD; (2) THE NOMINEES WHO
ACCEPT THEIR NOMINATIONS SHALL COMPLETE AN APPLICATION PREPARED  BY  THE
BOARD,  WHICH  SHALL  INCLUDE QUESTIONS DESIGNED TO ELICIT THE NOMINEE'S
EXPERTISE IN EDUCATION POLICY AND/OR IN SPECIFIC  AREAS  OF  EDUCATIONAL
EXPERIENCE  NOT OTHERWISE REPRESENTED ON THE BOARD; (3) NO LATER THAN AT
THE VERY NEXT NON-EMERGENCY MEETING OF THE  BOARD,  THE  NOMINEES  SHALL
SUBMIT  THEIR  COMPLETED APPLICATIONS TO THE BOARD; (4) AT THE VERY NEXT
NON-EMERGENCY MEETING OF  THE  BOARD,  THE  ELEVEN  VOTING  MEMBERS  MAY
DISCUSS THE NOMINEES AND THEIR QUALIFICATIONS AND THEN SHALL EACH SUBMIT
A  BALLOT  WITH  THE  NAMES OF THE NOMINEES FOR WHOM THEY VOTE, WITH THE
NUMBER OF NAMES EQUAL TO THE NUMBER OF VACANCIES; AND (5) THE NOMINEE OR
NOMINEES RECEIVING THE GREATEST NUMBER OF VOTES SHALL  IMMEDIATELY  FILL
THE VACANCY OR VACANCIES.
  (D) THE CHAIRPERSON OF THE CITY BOARD SHALL BE CHOSEN EVERY FOUR YEARS
FROM  AMONG  THE FIFTEEN VOTING MEMBERS BY A MAJORITY VOTE. IN THE FIRST
BOARD CONSTITUTED UNDER THIS SECTION, THE CHAIRPERSON SHALL BE CHOSEN BY
A MAJORITY VOTE OF THE ELEVEN VOTING MEMBERS AS  THEIR  FIRST  ORDER  OF
BUSINESS  AT  THEIR  VERY FIRST MEETING, PRIOR TO THEIR SELECTION OF THE
FOUR "EXPERT" MEMBERS AT A SUBSEQUENT MEETING PURSUANT TO PARAGRAPH  (C)
OF THIS SUBDIVISION.

S. 5739                             4

  (E)  THE  CITY BOARD SHALL HOLD AT LEAST TWELVE MEETINGS PER YEAR; ANY
ADDITIONAL MEETINGS MAY BE CALLED AT THE REQUEST OF THE  CHAIRPERSON  OF
THE BOARD.
  (F) CONTACT INFORMATION, INCLUDING E-MAIL ADDRESSES, OF ALL CITY BOARD
MEMBERS  SHALL  BE MADE AVAILABLE TO THE PUBLIC; MINUTES AND TRANSCRIPTS
OF EVERY BOARD MEETING SHALL BE POSTED ON THE BOARD'S WEBSITE WITHIN ONE
WEEK FOLLOWING THE MEETING; AND ALL MEETINGS SHALL BE VIDEO RECORDED AND
MADE AVAILABLE AS A LIVE WEBCAST ON THE  BOARD'S  WEBSITE,  WHICH  VIDEO
RECORDING  SHALL  BE ARCHIVED TO THE BOARD'S WEBSITE WITHIN ONE BUSINESS
DAY FOLLOWING THE MEETING.
  (G) ANY MEMBER OF THE CITY BOARD SHALL HAVE THE POWER TO PUT  AN  ITEM
ON  THE  AGENDA  OR A BUDGET QUESTION OR POLICY ISSUE TO A VOTE WITH THE
ASSENT OF AT LEAST ONE-THIRD OF THE VOTING MEMBERS. ANY  MEMBER  OF  THE
BOARD  SHALL HAVE THE POWER TO PROPOSE THAT THE INDEPENDENT ACCOUNTABIL-
ITY OFFICE ANALYZE  THE  RESULTS  OF  POLICIES  OR  SPENDING  PRIORITIES
ADOPTED  BY  THE BOARD, OR TO PROPOSE THAT AN INDEPENDENT RESEARCH STUDY
BE COMMISSIONED TO DO SO; SUCH A PROPOSAL SHALL BE ADOPTED ONLY UPON THE
MAJORITY ASSENT OF THE VOTING MEMBERS OF THE BOARD.
  2. (A) THERE SHALL BE A COMMUNITY DISTRICT EDUCATION COUNCIL 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 SECTION NO LATER
THAN FEBRUARY FIRST, TWO THOUSAND THIRTEEN.   THERE SHALL  BE  NO  FEWER
THAN THIRTY 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, IN THE YEAR FOLLOWING THE FEDERAL  CENSUS.
THE  CITY  BOARD  IN  CONJUNCTION  WITH THE CHANCELLOR AND THE COMMUNITY
DISTRICT EDUCATION  COUNCIL  REPRESENTATIVES,  SHALL  PREPARE  AND  MAKE
PUBLIC  A  PLAN  TO  ENSURE  THE  SMOOTH TRANSITION OF PUPILS AND SCHOOL
PERSONNEL, CREATION OF NEW BOARDS, AND ALLOCATION OF  SCHOOL  FACILITIES
AND  RESOURCES AMONG THE DISTRICTS ESTABLISHED PURSUANT TO PARAGRAPH (B)
OF THIS SUBDIVISION. PRIOR TO THE ADOPTION OF THE TRANSITION  PLAN,  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  CHANCELLOR  AND  THE  COMMUNITY
DISTRICT  EDUCATION  COUNCIL  REPRESENTATIVES,  SHALL  PREPARE A REVISED
TRANSITION PLAN, IF NECESSARY AND MAKE SUCH PLAN AVAILABLE TO THE PUBLIC
FOR COMMENT.
  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 IN THIS SUBDIVISION.
  (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

S. 5739                             5

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;
  (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;
  (8) ENSURE FAIR AND EFFECTIVE REPRESENTATION OF  RACIAL  AND  LANGUAGE
GROUPS PURSUANT TO THE VOTING RIGHTS ACT OF 1965, AS AMENDED; AND
  (9)  NOTWITHSTANDING  THE PROVISIONS OF THIS SUBPARAGRAPH AND SUBPARA-
GRAPHS ONE THROUGH EIGHT OF THIS PARAGRAPH: (I)  THE  RESIDENTS  OF  THE
COUNTY  OF  NEW  YORK  IN SCHOOL DISTRICT TEN AS IT EXISTED PRIOR TO THE
IMPLEMENTATION OF THIS PARAGRAPH SHALL  CONTINUE  TO  REMAIN  IN  SCHOOL
DISTRICT  TEN  AS  SUCH  DISTRICT  IS  COMPRISED; (II) THE BOUNDARIES OF
COMMUNITY DISTRICT THIRTY-ONE SHALL  CONTINUE  TO  REMAIN  AS  THEY  ARE
CURRENTLY  COMPRISED;  AND  (III)  NO  COUNTY SHALL HAVE FEWER COMMUNITY
SCHOOL DISTRICTS THAN IN EXISTENCE ON THE EFFECTIVE DATE OF  THIS  PARA-
GRAPH.
  (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 TWELVE.
  (E)  THE  CITY  BOARD  OF EDUCATION 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 EDUCATION NO
LATER  THAN  FEBRUARY  FIRST,  TWO THOUSAND THIRTEEN TO TAKE EFFECT JULY
FIRST, TWO THOUSAND THIRTEEN,  PROVIDED  THAT  SUCH  REVISED  BOUNDARIES
ADOPTED  BY  THE  CITY  BOARD PURSUANT TO THIS SECTION SHALL BE USED FOR
PURPOSES OF COMMUNITY SCHOOL BOARD ELECTIONS TO BE HELD  ON  THE  SECOND
TUESDAY OF SEPTEMBER, TWO THOUSAND THIRTEEN.
  (F) PROVIDED, HOWEVER, THAT THE CITY BOARD MAY MAKE MINOR ADJUSTMENTS,
(1)  TO  CORRECT  ERRORS THAT MAY OCCUR IN THE DISTRICT LINES ADOPTED BY
THE CITY BOARD, OR (2) UPON SHOWING A CHANGE IN CIRCUMSTANCES. ANY  SUCH
LIMITED  REVISIONS  TO COMMUNITY SCHOOL DISTRICT LINES MAY OCCUR BETWEEN
THE EFFECTIVE DATE OF THIS PARAGRAPH AND  THE  CITY  BOARD  READJUSTMENT
SCHEDULED IN THE YEAR TWO THOUSAND THIRTEEN.
  (G)  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. 5739                             6

  4. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON SPECIAL EDUCATION CREATED
PURSUANT TO THIS SECTION. THE CITY-WIDE  COUNCIL  ON  SPECIAL  EDUCATION
SHALL  CONSIST  OF  ELEVEN VOTING MEMBERS AND TWO NON-VOTING MEMBERS, AS
FOLLOWS:
  (1)  TEN  VOTING  MEMBERS,  OF  WHOM  NO FEWER THAN TWO RESIDE IN EACH
BOROUGH OF THE CITY OF NEW YORK, WHO SHALL BE PARENTS  OF  STUDENTS  WHO
RECEIVE  SERVICES  PURSUANT  TO  ARTICLE  EIGHTY-NINE  OF  THIS CHAPTER,
INCLUDING ANY SERVICES MANDATED BY AN INDIVIDUALIZED EDUCATION  PROGRAM,
AS  THAT TERM IS DEFINED PURSUANT TO SECTION 1401 OF TITLE TWENTY OF THE
UNITED STATES CODE.  SUCH  MEMBERS  SHALL  BE  SELECTED  BY  PARENTS  OF
STUDENTS  WHO  RECEIVE SUCH SERVICES PURSUANT TO THE ELECTION PROCEDURES
SET FORTH IN SECTION TWENTY-FIVE HUNDRED NINETY-C OF THIS ARTICLE,  WITH
A SEPARATE BALLOT FOR ELECTION OF SUCH MEMBERS. SUCH MEMBERS SHALL SERVE
FOUR-YEAR TERMS;
  (2)  ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
NEW YORK, WHO SHALL BE AN INDIVIDUAL WITH EXTENSIVE EXPERIENCE AND KNOW-
LEDGE IN THE AREAS OF EDUCATING, TRAINING OR EMPLOYING INDIVIDUALS  WITH
HANDICAPPING  CONDITIONS  AND  WILL  MAKE  A SIGNIFICANT CONTRIBUTION TO
IMPROVING SPECIAL EDUCATION IN THE  CITY  DISTRICT.  SUCH  MEMBER  SHALL
SERVE A FOUR-YEAR TERM;
  (3)  ONE  NON-VOTING  MEMBER  WHO  IS  A HIGH SCHOOL STUDENT RECEIVING
SERVICES PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER, INCLUDING  ANY
SERVICES  MANDATED  BY AN INDIVIDUALIZED EDUCATION PROGRAM, AS THAT TERM
IS DEFINED PURSUANT TO SECTION 1401 OF TITLE TWENTY OF THE UNITED STATES
CODE. SUCH MEMBER SHALL BE NOMINATED  BY  ANY  STUDENTS  RECEIVING  SUCH
SERVICES,  PRINCIPALS  AND  TEACHERS  IN  THE CITY DISTRICT AND SHALL BE
APPOINTED BY THE VOTING MEMBERS OF  THE  CITY-WIDE  COUNCIL  ON  SPECIAL
EDUCATION  CREATED  PURSUANT  TO THIS SECTION. SUCH MEMBER SHALL SERVE A
ONE-YEAR TERM; AND
  (4) ONE NON-VOTING MEMBER WHO IS EITHER (I) A RESIDENT OF, OR OWNER OR
OPERATOR OF A BUSINESS IN, THE DISTRICT AND AN INDIVIDUAL WITH EXTENSIVE
BUSINESS, TRADE, OR EDUCATION EXPERIENCE AND KNOWLEDGE, WHO WILL MAKE  A
SIGNIFICANT CONTRIBUTION TO IMPROVING EDUCATION IN THE DISTRICT; OR (II)
THE PARENT OF A STUDENT WHO RECEIVES SERVICES PURSUANT TO ARTICLE EIGHT-
Y-NINE OF THIS CHAPTER INCLUDING ANY SERVICES MANDATED BY AN INDIVIDUAL-
IZED EDUCATION PROGRAM, AS THAT TERM IS DEFINED PURSUANT TO SECTION 1401
OF TITLE TWENTY OF THE UNITED STATES CODE.
  (B)  MEMBERS SHALL NOT BE PAID A SALARY OR STIPEND, BUT SHALL BE REIM-
BURSED FOR ALL ACTUAL AND NECESSARY EXPENSES  DIRECTLY  RELATED  TO  THE
DUTIES  AND  RESPONSIBILITIES OF THE CITY-WIDE COUNCIL ON SPECIAL EDUCA-
TION.
  (C) THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION SHALL  HAVE  THE  POWER
TO:
  (1)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING THE PROVISION OF SERVICES PURSUANT TO ARTICLE  EIGHTY-NINE  OF
THIS CHAPTER;
  (2)  ADVISE  AND  COMMENT  ON  THE  PROCESS OF ESTABLISHING COMMITTEES
AND/OR SUBCOMMITTEES ON SPECIAL EDUCATION IN COMMUNITY SCHOOL  DISTRICTS
PURSUANT TO SECTION FORTY-FOUR HUNDRED TWO OF THIS CHAPTER;
  (3) REVIEW, ADVISE AND COMMENT ON COMPLIANCE BY THE CITY DISTRICT, ANY
COMMUNITY  DISTRICT  OR  ANY INDIVIDUAL SCHOOL WITH SECTION 794 OF TITLE
TWENTY-NINE OF THE UNITED STATES CODE AND  ANY  REGULATIONS  PROMULGATED
THERETO;
  (4)  ISSUE  AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY DISTRICT
IN PROVIDING SERVICES PURSUANT TO ARTICLE EIGHTY-NINE  OF  THIS  CHAPTER

S. 5739                             7

AND  MAKING RECOMMENDATIONS, AS APPROPRIATE, ON HOW TO IMPROVE THE EFFI-
CIENCY AND DELIVERY OF SUCH SERVICES; AND
  (5)  HOLD AT LEAST ONE MEETING PER MONTH OPEN TO THE PUBLIC AND DURING
WHICH THE PUBLIC MAY DISCUSS ISSUES FACING STUDENTS WITH DISABILITIES.
  (D) THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION MAY  APPOINT  A  SECRE-
TARY,  PURSUANT  TO THE POLICIES OF THE CITY BOARD WHO SHALL PERFORM THE
FOLLOWING FUNCTIONS: (1) PREPARE MEETING NOTICES, AGENDAS  AND  MINUTES;
(2)  RECORD  AND  MAINTAIN  ACCOUNTS  OF PROCEEDINGS AND OTHER CITY-WIDE
COUNCIL ON SPECIAL EDUCATION MEETINGS; AND (3) PREPARE BRIEFING  MATERI-
ALS  AND  OTHER  RELATED  INFORMATIONAL MATERIALS FOR SUCH MEETINGS. THE
CITY-WIDE COUNCIL ON SPECIAL EDUCATION  SHALL  BE  RESPONSIBLE  FOR  THE
APPOINTMENT, SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (E)  NO  PERSON  MAY  SERVE  ON  BOTH THE CITY-WIDE COUNCIL ON SPECIAL
EDUCATION AND A COMMUNITY DISTRICT EDUCATION COUNCIL. A  MEMBER  OF  THE
CITY-WIDE  COUNCIL  ON  SPECIAL  EDUCATION  SHALL  BE  INELIGIBLE  TO BE
EMPLOYED BY SUCH COUNCIL, ANY COMMUNITY DISTRICT EDUCATION  COUNCIL,  OR
THE  CITY BOARD. NO PERSON SHALL BE ELIGIBLE FOR MEMBERSHIP ON THE CITY-
WIDE COUNCIL ON SPECIAL EDUCATION IF HE OR SHE HOLDS ANY ELECTIVE PUBLIC
OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF  DELE-
GATE OR ALTERNATE DELEGATE TO A NATIONAL, STATE, JUDICIAL OR OTHER PARTY
CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.
  (F)  A  PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR HAS BEEN REMOVED
FROM THE CITY-WIDE COUNCIL ON  SPECIAL  EDUCATION,  A  COMMUNITY  SCHOOL
BOARD,  OR COMMUNITY DISTRICT EDUCATION COUNCIL FOR ANY OF THE FOLLOWING
SHALL BE PERMANENTLY INELIGIBLE FOR APPOINTMENT TO THE CITY-WIDE COUNCIL
ON SPECIAL EDUCATION: (1) AN ACT OF MALFEASANCE DIRECTLY RELATED TO  HIS
OR HER SERVICE ON SUCH CITY-WIDE COUNCIL ON SPECIAL EDUCATION, COMMUNITY
SCHOOL  BOARD OR COMMUNITY DISTRICT EDUCATION COUNCIL; OR (2) CONVICTION
OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED TO HIS OR HER SERVICE UPON
SUCH CITY-WIDE COUNCIL ON SPECIAL EDUCATION, COMMUNITY SCHOOL  BOARD  OR
COMMUNITY DISTRICT EDUCATION COUNCIL.
  (G)  (1)  IN ADDITION TO THE CONDITIONS ENUMERATED IN THE PUBLIC OFFI-
CERS LAW CREATING A VACANCY,  A  MEMBER  OF  THE  CITY-WIDE  COUNCIL  ON
SPECIAL  EDUCATION  WHO  REFUSES OR NEGLECTS TO ATTEND THREE MEETINGS OF
SUCH COUNCIL OF WHICH HE OR SHE IS DULY NOTIFIED, WITHOUT  RENDERING  IN
WRITING  A  GOOD AND VALID EXCUSE THEREFORE VACATES HIS OR HER OFFICE BY
REFUSAL TO SERVE. EACH ABSENCE AND ANY WRITTEN EXCUSE RENDERED SHALL  BE
INCLUDED  WITHIN THE OFFICIAL WRITTEN MINUTES OF SUCH MEETING. AFTER THE
THIRD UNEXCUSED ABSENCE THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION SHALL
DECLARE A VACANCY TO THE CHANCELLOR.
  (2) VACANCIES SHALL BE FILLED FOR AN UNEXPIRED TERM BY  THE  CITY-WIDE
COUNCIL  ON  SPECIAL  EDUCATION,  PURSUANT TO A PROCESS DEVELOPED BY THE
CHANCELLOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF STUDENTS  WHO
RECEIVE SERVICES PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER.
  5.  (A)  THERE  SHALL  BE  A CITY-WIDE COUNCIL ON HIGH SCHOOLS CREATED
PURSUANT TO THIS SECTION.  THE CITY-WIDE COUNCIL ON HIGH  SCHOOLS  SHALL
CONSIST OF TEN VOTING MEMBERS AND ONE NON-VOTING MEMBER, AS FOLLOWS:
  (1)  TEN  VOTING  MEMBERS,  OF  WHOM  NO FEWER THAN TWO RESIDE IN EACH
BOROUGH OF THE CITY OF NEW YORK, WHO SHALL BE PARENTS  OF  STUDENTS  WHO
ATTEND  A  HIGH  SCHOOL IN THE BOROUGH. SUCH MEMBERS SHALL BE ELECTED BY
ALL HIGH SCHOOL PARENTS IN ACCORDANCE WITH THE PROCEDURES SET  FORTH  IN
SECTION  TWENTY-FIVE  HUNDRED  NINETY-C OF THIS ARTICLE, WITH A SEPARATE
BALLOT FOR ELECTION OF SUCH MEMBERS. SUCH MEMBERS SHALL SERVE  FOUR-YEAR
TERMS.
  (2)  AT  ALL TIMES, ONE VOTING MEMBER SHALL BE THE PARENT OF A STUDENT
WHO RECEIVES SERVICES PURSUANT TO ARTICLE EIGHTY-NINE OF  THIS  CHAPTER,

S. 5739                             8

INCLUDING  ANY SERVICES MANDATED BY AN INDIVIDUALIZED EDUCATION PROGRAM,
AS THAT TERM IS DEFINED PURSUANT TO SECTION 1401 OF TITLE TWENTY OF  THE
UNITED  STATES  CODE.  SUCH  MEMBER  SHALL BE NOMINATED FROM A DIFFERENT
BOROUGH  IN SUBSEQUENT ELECTIONS SUCH THAT EACH BOROUGH SHALL BE REPRES-
ENTED IN A ROTATING FASHION, ONCE EVERY TEN YEARS.
  (3) ONE VOTING MEMBER SHALL BE A SENIOR ATTENDING A HIGH SCHOOL IN THE
CITY DISTRICT. SUCH MEMBER SHALL BE  APPOINTED  BY  THE  CHANCELLOR  AND
SHALL SERVE A ONE-YEAR TERM.
  (B)  MEMBERS SHALL NOT BE PAID A SALARY OR STIPEND, BUT SHALL BE REIM-
BURSED FOR ALL ACTUAL AND NECESSARY EXPENSES  DIRECTLY  RELATED  TO  THE
DUTIES AND RESPONSIBILITIES OF THE CITY-WIDE COUNCIL ON HIGH SCHOOLS.
  (C)  THE  CITY-WIDE  COUNCIL  ON HIGH SCHOOLS SHALL HAVE THE FOLLOWING
DUTIES AND RESPONSIBILITIES:
  (1) ADVISE AND COMMENT ON  ANY  EDUCATIONAL  OR  INSTRUCTIONAL  POLICY
INVOLVING HIGH SCHOOLS;
  (2)  ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF HIGH SCHOOL EDUCA-
TION IN THE CITY DISTRICT AND MAKE RECOMMENDATIONS  ON  HOW  TO  IMPROVE
SUCH EFFECTIVENESS;
  (3)  HOLD AT LEAST ONE MEETING PER MONTH OPEN TO THE PUBLIC AND DURING
WHICH THE PUBLIC MAY DISCUSS ISSUES RELATING TO HIGH SCHOOL EDUCATION;
  (4) NO LESS THAN ONCE EVERY THREE MONTHS, MEET WITH  OFFICERS  OF  THE
PARENT  ASSOCIATIONS, PARENT-TEACHER ASSOCIATIONS AND INDEPENDENT PARENT
ORGANIZATION CREATED PURSUANT TO SECTIONS TWENTY-FIVE  HUNDRED  NINETY-H
AND TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE; AND
  (5) SELECT A MEMBER TO SERVE AS A CHAIRPERSON OF THE CITY-WIDE COUNCIL
ON HIGH SCHOOLS.
  (D) (1) THE CITY-WIDE COUNCIL ON HIGH SCHOOLS MAY APPOINT A SECRETARY,
PURSUANT TO THE POLICIES OF THE CITY BOARD WHO SHALL PERFORM THE FOLLOW-
ING FUNCTIONS:
  (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (II)  RECORD  AND MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER CITY-WIDE
COUNCIL ON HIGH SCHOOLS MEETINGS; AND
  (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS.
  (2) THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL BE RESPONSIBLE FOR THE
APPOINTMENT, SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (E) NO PERSON MAY SERVE ON BOTH THE CITY-WIDE COUNCIL ON HIGH  SCHOOLS
AND  A  COMMUNITY  DISTRICT EDUCATION COUNCIL. A MEMBER OF THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS SHALL BE INELIGIBLE TO BE EMPLOYED BY SUCH COUN-
CIL, ANY COMMUNITY DISTRICT EDUCATION COUNCIL, OR  THE  CITY  BOARD.  NO
PERSON SHALL BE ELIGIBLE FOR MEMBERSHIP ON THE CITY-WIDE COUNCIL ON HIGH
SCHOOLS IF HE OR SHE HOLDS ANY ELECTIVE PUBLIC OFFICE OR ANY ELECTIVE OR
APPOINTED  PARTY  POSITION EXCEPT THAT OF DELEGATE OR ALTERNATE DELEGATE
TO A NATIONAL, STATE, JUDICIAL OR OTHER PARTY CONVENTION, OR MEMBER OF A
COUNTY COMMITTEE.
  (F) A PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR HAS  BEEN  REMOVED
FROM THE CITY-WIDE COUNCIL ON HIGH SCHOOLS, A COMMUNITY SCHOOL BOARD, OR
COMMUNITY  DISTRICT  EDUCATION COUNCIL FOR ANY OF THE FOLLOWING SHALL BE
PERMANENTLY INELIGIBLE FOR APPOINTMENT TO THE CITY-WIDE COUNCIL ON  HIGH
SCHOOLS:
  (1)  AN  ACT  OF MALFEASANCE DIRECTLY RELATED TO HIS OR HER SERVICE ON
SUCH CITY-WIDE COUNCIL ON HIGH SCHOOLS, COMMUNITY SCHOOL BOARD OR COMMU-
NITY DISTRICT EDUCATION COUNCIL; OR
  (2) CONVICTION OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED TO HIS OR
HER SERVICE UPON SUCH  CITY-WIDE  COUNCIL  ON  HIGH  SCHOOLS,  COMMUNITY
SCHOOL BOARD OR COMMUNITY DISTRICT EDUCATION COUNCIL.

S. 5739                             9

  (G)(1) IN ADDITION TO THE CONDITIONS ENUMERATED IN THE PUBLIC OFFICERS
LAW  CREATING  A  VACANCY,  A  MEMBER  OF  THE CITY-WIDE COUNCIL ON HIGH
SCHOOLS WHO REFUSES OR NEGLECTS TO ATTEND THREE MEETINGS OF SUCH COUNCIL
OF WHICH HE OR SHE IS DULY NOTIFIED, WITHOUT RENDERING IN WRITING A GOOD
AND  VALID  EXCUSE  THEREFORE  VACATES  HIS  OR HER OFFICE BY REFUSAL TO
SERVE. EACH ABSENCE AND ANY WRITTEN EXCUSE RENDERED  SHALL  BE  INCLUDED
WITHIN  THE  OFFICIAL  WRITTEN  MINUTES OF SUCH MEETING. AFTER THE THIRD
UNEXCUSED ABSENCE THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL DECLARE  A
VACANCY TO THE CHANCELLOR.
  (2)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS, PURSUANT TO A PROCESS DEVELOPED BY THE CHANCEL-
LOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF STUDENTS WHO  ATTEND
HIGH SCHOOLS WITHIN THE CITY DISTRICT.
  S 3. Section 2590-c of the education law is REPEALED and a new section
2590-c is added to read as follows:
  S  2590-C.    COMPOSITION OF COMMUNITY DISTRICT EDUCATION COUNCILS. 1.
(A) EACH COMMUNITY DISTRICT SHALL BE GOVERNED BY  A  COMMUNITY  DISTRICT
EDUCATION  COUNCIL TO CONSIST OF ELEVEN VOTING MEMBERS TO BE ELECTED FOR
A TERM OF FOUR YEARS, SUBJECT TO THE TERMS OF SUBDIVISION  TWO  OF  THIS
SECTION,  AND  TO SERVE WITHOUT COMPENSATION, AND TWO NON-VOTING MEMBERS
WHICH ARE HIGH SCHOOL STUDENTS RESIDING IN THE DISTRICT TO BE  APPOINTED
BY  THE  SUPERINTENDENT,  IN COLLABORATION WITH THE DISTRICT HIGH SCHOOL
PRINCIPALS, TO SERVE FOR A TERM OF ONE YEAR WITHOUT  COMPENSATION.  EACH
SUCH  COUNCIL  SHALL  SELECT ONE OF ITS MEMBERS TO SERVE AS CHAIRPERSON.
NOTWITHSTANDING ANY PROVISIONS OF LAW TO  THE  CONTRARY,  THE  COMMUNITY
DISTRICT  EDUCATION  COUNCIL  MAY  APPOINT  A SECRETARY, PURSUANT TO THE
POLICIES OF THE CITY BOARD, WHO SHALL PERFORM THE  FOLLOWING  FUNCTIONS:
(1)  PREPARE  MEETING NOTICES, AGENDAS AND MINUTES; (2) RECORD AND MAIN-
TAIN ACCOUNTS OF PROCEEDINGS AND OTHER BOARD MEETINGS; AND  (3)  PREPARE
BRIEFING  MATERIALS  AND  OTHER RELATED INFORMATIONAL MATERIALS FOR SUCH
MEETINGS. EACH COUNCIL SHALL BE RESPONSIBLE FOR THE APPOINTMENT,  SUPER-
VISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (B)  THE NINE ELECTED VOTING MEMBERS OF EACH COMMUNITY DISTRICT EDUCA-
TION  COUNCIL  SHALL  BE  DISTRIBUTED  AMONG  DESIGNATED  CATEGORIES  AS
FOLLOWS:
  (1)  ONE  MEMBER  WHO IS, AT THE TIME OF HIS OR HER ELECTION, A PARENT
WHOSE CHILD IS ATTENDING A SCHOOL UNDER THE JURISDICTION OF THE COMMUNI-
TY DISTRICT AND WHO RECEIVES  SPECIAL  EDUCATION  AND  RELATED  SERVICES
PURSUANT TO ARTICLE EIGHTY-NINE OF THIS CHAPTER;
  (2) ONE MEMBER WHO IS, AT THE TIME OF HIS OR HER ELECTION, A PARENT OF
A STUDENT AT A DISTRICT SCHOOL WHO IS AN ENGLISH LANGUAGE LEARNER;
  (3) ONE MEMBER WHO IS, AT THE TIME OF HIS OR HER ELECTION, A PARENT OF
A STUDENT AT A DISTRICT HIGH SCHOOL;
  (4) SIX MEMBERS FROM THE GENERAL POOL OF ELIGIBLE CANDIDATES, PROVIDED
THAT  ANY  SUCH  MEMBER  MAY ALSO MEET THE CRITERIA OF ONE OR MORE OTHER
CATEGORIES IN THIS PARAGRAPH; AND
  (5) ONLY ONE MEMBER MAY BE A PARENT OF A STUDENT WHO ATTENDS A CHARTER
SCHOOL, IF SUCH PARENT DOES NOT ALSO HAVE A CHILD WHO ATTENDS A DISTRICT
SCHOOL.
  2. (A) NINE VOTING MEMBERS OF THE COMMUNITY DISTRICT EDUCATION COUNCIL
SHALL BE ELECTED AT AN ELECTION CONDUCTED BY THE BOARD OF  ELECTIONS  IN
THE  CITY OF NEW YORK TO BE HELD ON THE FIRST TUESDAY IN MAY IN THE YEAR
TWO THOUSAND TEN AND THE YEAR TWO THOUSAND FOURTEEN,  AND  EVERY  SECOND
YEAR  THEREAFTER,  FOR  A  TERM COMMENCING ON THE FIRST DAY OF JULY NEXT
FOLLOWING.  WITH THE ELECTION CONDUCTED IN THE YEAR TWO  THOUSAND  FOUR-
TEEN, FOUR OF THE NINE VOTING MEMBERS WILL BE ELECTED FOR TWO-YEAR TERMS

S. 5739                            10

INSTEAD  OF  FOUR-YEAR TERMS, RESULTING IN AN INITIAL STAGGERED ELECTION
WITH FOUR MEMBERS EACH ELECTED FOR TWO  YEARS,  AND  FIVE  MEMBERS  EACH
ELECTED  FOR  FOUR  YEARS. AFTER SUCH ELECTION, ALL MEMBERS RUN FOR FOUR
YEAR TERMS.
  (B) WHOSE TERMS ARE STAGGERED BEGINNING IN THE YEAR TWO THOUSAND FOUR-
TEEN  IS  DETERMINED  BY LOTS DRAWN BY THE ELECTORAL BOARD. THE LOTS ARE
DRAWN AT THE ELECTORAL BOARD'S MEETING ON THE DAY AFTER THE ELECTION  OF
THE  BOARD  OF  SUPERVISORS  AND  IMMEDIATELY  UPON CERTIFICATION OF THE
ELECTION RESULTS.
  3. (A) EVERY REGISTERED VOTER RESIDING IN A COMMUNITY DISTRICT,  EVERY
PARENT  OF  A  CHILD  ATTENDING ANY SCHOOL UNDER THE JURISDICTION OF THE
COMMUNITY DISTRICT EDUCATION COUNCIL OF SUCH DISTRICT, AND EVERY  PARENT
OF  A CHILD RECEIVING SPECIAL EDUCATION AND RELATED SERVICES UNDER ARTI-
CLE EIGHTY-NINE OF THIS CHAPTER AND SUCH  SERVICES  ARE  BEING  PROVIDED
PRIMARILY  WITHIN THE GEOGRAPHICAL BOUNDARIES OF SUCH COMMUNITY DISTRICT
WHO IS A RESIDENT OF THE CITY OF NEW YORK FOR AT LEAST THIRTY  DAYS  AND
AT  LEAST  EIGHTEEN  YEARS  OF  AGE  SHALL  BE  ELIGIBLE TO VOTE AT SUCH
ELECTION FOR THE MEMBERS OF SUCH COMMUNITY DISTRICT  EDUCATION  COUNCIL,
EXCEPT THAT NO PERSON MAY VOTE MORE THAN ONCE OR IN MORE THAN ONE COMMU-
NITY DISTRICT, AND NO PERSON SHALL HAVE THE RIGHT TO REGISTER OR VOTE AT
ANY COMMUNITY DISTRICT EDUCATION COUNCIL ELECTION WHO WOULD NOT BE QUAL-
IFIED  TO  REGISTER  OR  VOTE  AT  ANY  ELECTION  IN ACCORDANCE WITH THE
PROVISIONS OF SECTION 5-106 OF THE ELECTION LAW.
  (B) THE BOARD OF ELECTIONS OF THE CITY OF NEW YORK SHALL  PROVIDE  FOR
THE PERSONAL AND MAIL REGISTRATION, AND CANCELLATION OF REGISTRATION, OF
PERSONS  QUALIFIED BY THIS SUBDIVISION TO VOTE AS "PARENTS," IN A MANNER
DETERMINED JOINTLY BY THE BOARD OF ELECTIONS AND THE CITY BOARD.    EACH
PARENT SHALL BE OFFERED THE OPPORTUNITY TO REGISTER AS A PARENT VOTER AT
THE  TIME  SUCH  PARENT  REGISTERS HIS CHILD WITH THE SCHOOL AND AT SUCH
OTHER TIMES AS THE BOARD OF ELECTIONS DEEMS  NECESSARY  TO  ACHIEVE  THE
REGISTRATION OF THE MAXIMUM NUMBER OF PARENTS POSSIBLE. THE REGISTRATION
PROCESS  SHALL  PROVIDE  A  PROCEDURE  FOR DETERMINING WHEN SUCH PARENTS
SHALL CEASE TO BE ELIGIBLE TO VOTE AS PARENT VOTERS BECAUSE THEIR  CHILD
NO  LONGER  ATTENDS  A  SCHOOL  UNDER  THE JURISDICTION OF THE COMMUNITY
DISTRICT EDUCATION COUNCIL.
  (C) IN JANUARY NEXT PRECEDING EACH COMMUNITY DISTRICT EDUCATION  COUN-
CIL  ELECTION,  THE  CITY  BOARD  SHALL  PROVIDE WRITTEN NOTICE TO EVERY
PARENT OF A CHILD ATTENDING  SCHOOL  UNDER  THE  JURISDICTION  OF  EVERY
COMMUNITY  DISTRICT  EDUCATION COUNCIL OF SUCH PARENT'S RIGHT TO VOTE IN
THE COMMUNITY DISTRICT EDUCATION COUNCIL ELECTION, THE METHOD  AND  TIME
BY  WHICH A PARENT MAY REGISTER TO VOTE, AND A FORM BY WHICH SUCH PARENT
MAY REGISTER BY MAIL.
  (D) THE BOARD  OF  ELECTIONS  SHALL  CERTIFY  QUALIFIED  REGISTRATIONS
PURSUANT  TO  THE  CERTIFICATION  PROCEDURES  AGREED  TO BY THE BOARD OF
ELECTIONS AND THE CITY BOARD. THE BOARD OF ELECTIONS SHALL  CERTIFY  ALL
QUALIFIED REGISTRATIONS AND TRANSMIT NOTICE OF SUCH CERTIFICATION TO THE
CITY BOARD PROMPTLY.
  4.  (A)  EVERY  REGISTERED  VOTER RESIDING IN A COMMUNITY DISTRICT AND
EVERY PARENT OF A CHILD ATTENDING ANY SCHOOL UNDER THE  JURISDICTION  OF
THE COMMUNITY DISTRICT EDUCATION COUNCIL OF SUCH DISTRICT WHO IS A RESI-
DENT  OF THE CITY OF NEW YORK FOR AT LEAST NINETY DAYS PRIOR TO THE DATE
OF THE ELECTION, AND AT LEAST EIGHTEEN YEARS OF AGE  SHALL  BE  ELIGIBLE
FOR  MEMBERSHIP  ON  SUCH COMMUNITY DISTRICT EDUCATION COUNCIL, PROVIDED
THAT SUCH PERSON NOT BE DISQUALIFIED FROM REGISTERING FOR OR  VOTING  AT
AN ELECTION UNDER THE PROVISIONS OF SECTION 5-106 OF THE ELECTION LAW OR
INELIGIBLE  TO  SERVE,  UNDER  THE  PROVISIONS  OF PARAGRAPH (B) OF THIS

S. 5739                            11

SUBDIVISION. NO PERSON MAY SERVE ON MORE  THAN  ONE  COMMUNITY  DISTRICT
EDUCATION  COUNCIL OR ON BOTH A COMMUNITY DISTRICT EDUCATION COUNCIL AND
THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION OR THE CITY-WIDE  COUNCIL  ON
HIGH  SCHOOLS.  A MEMBER OF A COMMUNITY DISTRICT EDUCATION COUNCIL SHALL
BE INELIGIBLE TO BE EMPLOYED BY THE COMMUNITY DISTRICT EDUCATION COUNCIL
OF WHICH HE OR SHE IS A MEMBER, ANY OTHER COMMUNITY  DISTRICT  EDUCATION
COUNCIL, THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION, THE CITY-WIDE COUN-
CIL  ON  HIGH SCHOOLS OR THE CITY BOARD. NO PERSON SHALL BE ELIGIBLE FOR
MEMBERSHIP ON A COMMUNITY DISTRICT EDUCATION COUNCIL IF HE OR SHE  HOLDS
ANY  ELECTIVE  PUBLIC OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION
EXCEPT THAT OF DELEGATE OR ALTERNATE  DELEGATE  TO  A  NATIONAL,  STATE,
JUDICIAL OR OTHER PARTY CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.  AN
OFFICER  OF A PARENTS' ASSOCIATION SHALL BE ELIGIBLE FOR MEMBERSHIP ON A
COMMUNITY DISTRICT EDUCATION COUNCIL PROVIDED THAT HE OR SHE RESIGN SUCH
PARENTS' ASSOCIATION POSITION UPON ELECTION TO THE COUNCIL.
  (B) A PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR HAS  BEEN  REMOVED
FROM  A COMMUNITY SCHOOL BOARD, COMMUNITY DISTRICT EDUCATION COUNCIL, OR
THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION OR THE CITY-WIDE  COUNCIL  ON
HIGH  SCHOOLS  FOR  ANY OF THE FOLLOWING SHALL BE PERMANENTLY INELIGIBLE
FOR APPOINTMENT OR ELECTION TO ANY COMMUNITY DISTRICT EDUCATION COUNCIL:
  (1) AN ACT OF MALFEASANCE DIRECTLY RELATED TO HIS OR  HER  SERVICE  ON
SUCH  CITY-WIDE  COUNCIL,  COMMUNITY  SCHOOL BOARD OR COMMUNITY DISTRICT
EDUCATION COUNCIL; OR
  (2) CONVICTION OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED TO HIS OR
HER SERVICE UPON SUCH  CITY-WIDE  COUNCIL,  COMMUNITY  SCHOOL  BOARD  OR
COMMUNITY DISTRICT EDUCATION COUNCIL.
  (C)  A  PERSON MAY BE ELIGIBLE AND MAY BE NOMINATED AS A MEMBER IN ONE
OR MORE CATEGORIES BUT MAY ONLY BE PERMITTED TO  SERVE  AS  A  REPRESEN-
TATIVE OF ONE SUCH CATEGORY.
  5.  EACH  REGISTERED VOTER SHALL VOTE AT SUCH POLLING PLACE WITHIN HIS
OR HER COMMUNITY DISTRICT  AS  SHALL  BE  DESIGNATED  BY  THE  BOARD  OF
ELECTIONS  IN  THE  CITY  OF NEW YORK OR MAY VOTE AS A REGISTERED PARENT
VOTER, BUT NOT BOTH. EACH PERSON VOTING AS  A  REGISTERED  PARENT  SHALL
VOTE AT SUCH POLLING PLACE WITHIN THE COMMUNITY DISTRICT IN WHICH HIS OR
HER  CHILD  IS  ATTENDING  SCHOOL AS SHALL BE DESIGNATED BY THE BOARD OF
ELECTIONS IN THE CITY OF NEW YORK. IN THE EVENT A  PARENT  HAS  CHILDREN
ATTENDING  SCHOOL  IN DIFFERENT COMMUNITY DISTRICTS, THE PARENT MAY VOTE
AT EITHER POLLING PLACE DESIGNATED FOR EACH OF THE  COMMUNITY  DISTRICTS
BY  THE  BOARD  OF  ELECTIONS, BUT NOT BOTH. THE POLLS OF SUCH ELECTIONS
SHALL BE OPEN BETWEEN THE HOURS OF SIX O'CLOCK IN THE FORENOON AND  NINE
O'CLOCK IN THE EVENING ON THE DAYS OF ELECTIONS.
  6. (A) THE PROVISIONS OF THE ELECTION LAW WITH RESPECT TO REGISTRATION
OF VOTERS, NOMINATION OF CANDIDATES, DECLINATION OF NOMINATIONS, FILLING
OF  VACANCIES  IN  NOMINATIONS,  NOTICES  TO  CANDIDATES,  OBJECTIONS TO
PETITIONS, RULINGS THEREON, JUDICIAL PROCEEDINGS, CAMPAIGN RECEIPTS  AND
EXPENDITURES,  CONDUCT  OF  THE  ELECTION,  INCLUDING  THE USE OF VOTING
MACHINES, COUNTING AND CANVASSING OF VOTES, AND ALL OTHER MATTERS SO FAR
AS APPLICABLE SHALL GOVERN THE ELECTION OF COMMUNITY DISTRICT  EDUCATION
COUNCIL  MEMBERS; PROVIDED, HOWEVER, THAT:  (1) CANDIDATES FOR COMMUNITY
DISTRICT EDUCATION COUNCIL MEMBER SHALL BE  NOMINATED  BY  PETITIONS  IN
ACCORDANCE  WITH  REGULATIONS,  NOT  INCONSISTENT WITH THE PROVISIONS OF
THIS ARTICLE, PROMULGATED BY THE BOARD OF ELECTIONS IN THE CITY  OF  NEW
YORK. SUCH PETITIONS SHALL BE FILED WITH THE BOARD OF ELECTIONS AT LEAST
FOUR WEEKS BEFORE THE ELECTION;

S. 5739                            12

  (2) NOMINATING PETITIONS SHALL BE SIGNED BY NOT FEWER THAN TWO HUNDRED
REGISTERED VOTERS RESIDING IN SUCH COMMUNITY DISTRICT, OR PERSONS ELIGI-
BLE TO VOTE AS REGISTERED PARENTS IN SUCH COMMUNITY DISTRICT;
  (3)  EACH  CANDIDATE  SHALL BE NOMINATED BY A SEPARATE PETITION AND NO
ELECTOR SHALL SIGN MORE THAN ONE SUCH PETITION. SHOULD AN  ELECTOR  SIGN
MORE  THAN  ONE SUCH PETITION, HIS OR HER SIGNATURE SHALL BE VOID EXCEPT
UPON THE PETITION FIRST SIGNED;
  (4) NO CANDIDATE SHALL BE  IDENTIFIED  BY  POLITICAL  PARTY  OR  OTHER
ORGANIZATIONAL AFFILIATION ON THE NOMINATING PETITIONS OR THE BALLOT;
  (5) EACH CANDIDATE'S NOMINATING PETITION SHALL IDENTIFY WHICH CATEGORY
OF COMMUNITY DISTRICT EDUCATION COUNCIL MEMBERSHIP HE OR SHE IS SEEKING;
  (6)  CERTIFICATION OF ACCEPTANCE OR DECLINATION ARE NOT REQUIRED TO BE
ACKNOWLEDGED; AND
  (7) THE ORDER OF THE NAMES OF CANDIDATES ON THE BALLOT SHALL BE DETER-
MINED IN THE SAME MANNER AS THE ORDER OF NAMES OF CANDIDATES IN A PRIMA-
RY ELECTION. THE CATEGORIES SHALL BE LISTED WITH  THE  GENERAL  CATEGORY
FIRST,  THEN  THE  REMAINING  CATEGORIES  IN ALPHABETICAL ORDER I.E. (A)
GENERAL REPRESENTATIVE; (B) ENGLISH  LANGUAGE  LEARNERS  REPRESENTATIVE;
(C)  HIGH  SCHOOL  REPRESENTATIVE;  AND  (D) SPECIAL EDUCATION REPRESEN-
TATIVE.
  (B) NOTWITHSTANDING THE PROVISIONS OF SECTION 14-102 OF  THE  ELECTION
LAW TO THE CONTRARY, ALL RECEIPTS AND CONTRIBUTIONS RECEIVED BY A CANDI-
DATE  FOR  COMMUNITY DISTRICT EDUCATION COUNCIL OR A POLITICAL COMMITTEE
ON BEHALF OF A CANDIDATE FOR COMMUNITY DISTRICT EDUCATION  COUNCIL  FROM
ANY ONE CONTRIBUTOR MUST BE SPECIFICALLY ACCOUNTED FOR BY SEPARATE ITEMS
IN SUCH CANDIDATE'S OR COMMITTEE'S FINANCIAL DISCLOSURE STATEMENT.
  (C)  AT  EACH ELECTION, ANY CANDIDATE FOR COMMUNITY DISTRICT EDUCATION
COUNCIL MEMBER SHALL BE ENTITLED TO EXERCISE ALL THE RIGHTS  GRANTED  BY
SECTION  8-500  OF  THE ELECTION LAW TO A POLITICAL PARTY OR INDEPENDENT
BODY IN REGARD TO THE APPOINTMENT OF WATCHERS AND  CHALLENGERS  FOR  THE
POLLS.
  (D)  ANY  PUBLIC  HEARING  HELD  BY THE BOARD OF ELECTIONS OR THE CITY
BOARD WITH RESPECT TO THE COMMUNITY SCHOOL BOARD ELECTIONS OR TO  CANDI-
DATES FOR COMMUNITY DISTRICT EDUCATION COUNCILS MUST BE STENOGRAPHICALLY
TRANSCRIBED  OR RECORDED IN ANOTHER MANNER AND SUCH TRANSCRIPTS OR WRIT-
TEN RECORDS OF  SUCH  RECORDINGS  MUST  BE  MADE  AVAILABLE  FOR  PUBLIC
INSPECTION AT THE OFFICES OF THE CITY BOARD AND THE BOARD OF ELECTIONS.
  (E)  ANY DECISION RENDERED BY THE BOARD OF ELECTIONS OR THE CITY BOARD
WITH RESPECT TO CANDIDATES FOR  COMMUNITY  DISTRICT  EDUCATION  COUNCILS
MUST  BE  WRITTEN  AND MADE AVAILABLE FOR PUBLIC INSPECTION WITHIN SEVEN
DAYS OF ITS ISSUANCE AT THE OFFICES OF THE CITY BOARD AND THE  BOARD  OF
ELECTIONS.  SUCH  WRITTEN  DECISION  SHALL INCLUDE THE FACTUAL AND LEGAL
BASIS FOR ITS ISSUANCE AND A RECORD OF THE VOTE OF EACH BOARD MEMBER  OR
COMMISSIONER OF ELECTIONS WHO PARTICIPATED IN THE DECISION.
  7.  THE  MEMBERS OF EACH COMMUNITY DISTRICT EDUCATION COUNCIL SHALL BE
ELECTED BY PROPORTIONAL REPRESENTATION IN ACCORDANCE WITH THE  FOLLOWING
RULES:
  (A)  PAPER BALLOTS. COMMUNITY DISTRICT EDUCATION COUNCIL MEMBERS SHALL
BE VOTED FOR, IN ACCORDANCE WITH THE INSTRUCTIONS PROVIDED IN  PARAGRAPH
(C)  OF  THIS  SUBDIVISION, ON PAPER BALLOTS ON WHICH THE CANDIDATES ARE
LISTED BY NAME AND BY CATEGORY ONLY. THE BALLOTS SHALL  CONFORM  TO  THE
PROVISIONS  OF THE ELECTION LAW FOR PAPER BALLOTS, SO FAR AS APPLICABLE,
EXCEPT AS TO SIZE AND AS HEREINAFTER PROVIDED. THE BALLOTS SHALL CONTAIN
A SQUARE FOR VOTING BEFORE EACH CANDIDATE'S NAME.
  (B) ORDER OF NAMES ON BALLOT. THE NAMES OF  THE  CANDIDATES  SHALL  BE
PRINTED  IN  THE  ALPHABETICAL ORDER OF THEIR SURNAMES, EXCEPT THAT THEY

S. 5739                            13

SHALL BE ROTATED BY POLLING PLACES BY TRANSPOSING THE FIRST NAMED CANDI-
DATE TO THE BOTTOM OF THE ORDER AT EACH  SUCCEEDING  POLLING  PLACE;  SO
THAT EACH NAME SHALL APPEAR FIRST AND IN EACH OTHER POSITION IN AN EQUAL
NUMBER, AS NEARLY AS POSSIBLE, OF THE POLLING PLACES.
  (C)  INSTRUCTIONS  TO VOTERS. THE INSTRUCTIONS TO VOTERS SHALL READ AS
FOLLOWS:
  INSTRUCTIONS
  MARK YOUR CHOICES WITH X MARKS.
  PUT AN X MARK IN THE SQUARE OPPOSITE THE NAME OF  YOUR  SIX  CHOICE(S)
FOR GENERAL REPRESENTATIVE.
  PUT  AN  X  MARK  IN  THE  SQUARE OPPOSITE THE NAME OF YOUR CHOICE FOR
ENGLISH LANGUAGE LEARNERS REPRESENTATIVE.
  PUT AN X MARK IN THE SQUARE OPPOSITE THE NAME OF YOUR CHOICE FOR  HIGH
SCHOOL REPRESENTATIVE.
  PUT  AN  X  MARK  IN  THE  SQUARE OPPOSITE THE NAME OF YOUR CHOICE FOR
SPECIAL EDUCATION REPRESENTATIVE.
  TO VOTE FOR A PERSON IN THE GENERAL REPRESENTATIVE CATEGORY WHOSE NAME
IS NOT PRINTED ON THIS BALLOT, WRITE HIS OR HER NAME  ON  A  BLANK  LINE
UNDER THE NAMES OF THE CANDIDATES.
  IF  YOU  TEAR OR DEFACE OR WRONGLY MARK THIS BALLOT, DRAW LINES ACROSS
ITS FACE TO PREVENT ITS BEING USED, RETURN IT AND OBTAIN ANOTHER.
  (D) CENTRAL COUNT. PRIOR TO EVERY ELECTION AT WHICH COMMUNITY DISTRICT
EDUCATION COUNCIL MEMBERS ARE TO BE  ELECTED,  THE  BOARD  OF  ELECTIONS
SHALL  DESIGNATE  A  CENTRAL  COUNTING PLACE FOR EACH COMMUNITY DISTRICT
WHERE THE BALLOTS SHALL BE BROUGHT TOGETHER AND COUNTED PUBLICLY;  SHALL
APPOINT  FOR  EACH  CENTRAL  COUNTING  PLACE  A  BOARD  OF TWO COMPETENT
PERSONS, TO ACT AS DIRECTORS OF THE COUNT FOR SUCH COUNTING PLACE; SHALL
EMPLOY A SUFFICIENT STAFF OF ASSISTANTS FOR  EACH  COUNTING  PLACE,  AND
SHALL  MAKE  SUITABLE ARRANGEMENTS FOR THE COUNTING AND RECORDING OF THE
BALLOTS, SUBJECT TO THE PROVISIONS OF THIS  ARTICLE.  IF  THE  BOARD  OF
ELECTIONS  AND THE CITY BOARD DETERMINE IT TO BE FEASIBLE AND DESIRABLE,
THE BOARD OF ELECTIONS MAY PROVIDE FOR THE COUNTING OF  THE  BALLOTS  BY
ANY  COMBINATION OF ELECTRONIC, MECHANICAL OR OTHER DEVICES TO CARRY OUT
THE PROVISIONS OF THIS SECTION. THE BOARD OF ELECTIONS SHALL PREPARE AND
PROVIDE ALL NECESSARY FORMS AND EQUIPMENT.
  (E) ASSEMBLING BALLOTS. AS SOON AS THE POLLS HAVE CLOSED, THE ELECTION
OFFICIALS ASSIGNED BY THE BOARD OF ELECTIONS AT EACH POLLING PLACE SHALL
SEAL THE BALLOT BOXES WITHOUT OPENING THEM AND SHALL SEND THEM AT  ONCE,
AS  THE BOARD OF ELECTIONS MAY DIRECT, TO THE CENTRAL COUNTING PLACE FOR
THE DISTRICT WITH A RECORD  OF  THE  NUMBER  OF  BALLOTS  FOR  COMMUNITY
DISTRICT EDUCATION COUNCIL MEMBER WHICH HAVE BEEN VOTED IN THEIR POLLING
PLACE.
  (F)  CHECKING  NUMBER  OF  BALLOTS.  AT THE CENTRAL COUNTING PLACE THE
NUMBER OF BALLOTS FOR COMMUNITY DISTRICT EDUCATION COUNCIL MEMBER  FOUND
IN  EACH  BALLOT BOX SHALL BE RECORDED AND COMPARED WITH THE RECORD SENT
FROM THE CORRESPONDING POLLING PLACE.  THE RECORDS THUS  COMPARED  SHALL
BE   MADE   AVAILABLE  TO  THE  PUBLIC  WITH  NOTATIONS  EXPLAINING  ANY
CORRECTIONS OR CHANGES  MADE  THEREIN.  DISCREPANCIES  WHICH  CANNOT  BE
RECONCILED  SHALL  BE  SHOWN  ON  THE RECORD.   ALL BALLOTS FOUND IN THE
BALLOT BOXES WHICH BEAR NO EVIDENCE OF HAVING BEEN IMPROPERLY CAST SHALL
BE ACCEPTED.
  (G) SORTING OF BALLOTS. BALLOTS SHALL BE SORTED BY POLLING  PLACES  IN
AN ORDER DETERMINED BY LOT.
  (H) RULES FOR VALIDITY. IF A BALLOT DOES NOT CLEARLY SHOW WHICH CANDI-
DATES THE VOTER PREFERS TO ALL OTHERS IN EACH CATEGORY OR IF IT CONTAINS
THE  SIGNATURE  OF  THE VOTER, IT SHALL BE HELD AS INVALID. EVERY BALLOT

S. 5739                            14

NOT THUS INVALID SHALL BE COUNTED ACCORDING TO THE INTENT OF  THE  VOTER
SO  FAR  AS THAT CAN BE CLEARLY ASCERTAINED, WHETHER MARKED ACCORDING TO
THE INSTRUCTIONS PRINTED ON IT OR NOT. NO BALLOT SHALL BE  HELD  INVALID
BECAUSE IT IS MARKED IN INK OR PENCIL DIFFERENT FROM THE ONE SUPPLIED AT
THE  POLLING PLACE, OR BECAUSE THE NAMES OF CANDIDATES THEREON HAVE BEEN
STRICKEN OUT BY THE VOTER.
  (I) COUNT OF CHOICES. AT THE BEGINNING OF THE COUNT FOR EACH  DISTRICT
THE  BALLOTS SHALL BE SORTED AND COUNTED ACCORDING TO THE CHOICES MARKED
ON THEM. THE BALLOTS SHALL BE SO CREDITED TO  THE  CANDIDATES  OF  THEIR
CHOICE  IN EACH CATEGORY IN THE ORDER OF POLLING PLACES CHOSEN BY LOT AS
SPECIFIED IN PARAGRAPH (G) OF THIS  SUBDIVISION.  THE  NUMBER  OF  VALID
BALLOTS  CAST  FOR EACH CANDIDATE IN EACH CATEGORY IN EACH POLLING PLACE
AND THE TOTAL NUMBER OF VALID BALLOTS FOR EACH  CANDIDATE  AND  FOR  ALL
CANDIDATES IN EACH CATEGORY SHALL BE DETERMINED AND RECORDED.
  (J)  TIES.  ANY TIE IN ANY CATEGORY SHALL BE DECIDED BY LOT, PROVIDED,
HOWEVER, THAT IF ONE OF THE CANDIDATES TIED WITH ONE  OTHER  PERSON  HAS
BEEN  ELECTED  IN ANOTHER CATEGORY, THE TIE SHALL BE DECIDED IN FAVOR OF
THE OTHER CANDIDATE.
  (K) CORRECTION OF ERRORS. IF AT ANY TIME AFTER THE  FIRST  SORTING  OF
THE  BALLOTS A BALLOT IS FOUND TO HAVE BEEN MISPLACED, IT SHALL BE CRED-
ITED TO THE CANDIDATES WHO SHOULD HAVE BEEN CREDITED WITH IT.
  (L) INELIGIBLE CANDIDATES. IF A CANDIDATE DIES OR IS OFFICIALLY DETER-
MINED TO BE INELIGIBLE BEFORE THE COUNTING OF THE BALLOTS IS  COMPLETED,
ALL CHOICES FOR SUCH CANDIDATE SHALL BE DISREGARDED BUT ALL OTHER CHOIC-
ES  ON EACH SUCH BALLOT SHALL BE HONORED IN ACCORDANCE WITH THE TERMS OF
THIS SECTION.
  (M) PUBLIC ATTENDANCE AT COUNT. THE CANDIDATES, REPRESENTATIVES OF THE
PRESS AND OTHER MEDIA AND, SO FAR AS MAY BE CONSISTENT WITH  GOOD  ORDER
AND  CONVENIENCE,  THE PUBLIC SHALL BE AFFORDED EVERY FACILITY FOR BEING
PRESENT AND WITNESSING THE COUNT.
  (N) SUPPLEMENTARY  REGULATIONS.  ADMINISTRATIVE  REGULATIONS  FOR  THE
CONDUCT  OF  ELECTIONS  BY PROPORTIONAL REPRESENTATION, NOT INCONSISTENT
WITH THE PROVISIONS OF THIS ARTICLE MAY BE MADE BY THE CITY  BOARD  AND,
SUBJECT TO ANY SUCH REGULATION, BY THE BOARD OF ELECTIONS IN THE CITY OF
NEW YORK.
  8. (A) IN ADDITION TO THE CONDITIONS ENUMERATED IN THE PUBLIC OFFICERS
LAW CREATING A VACANCY, A MEMBER OF A COMMUNITY DISTRICT EDUCATION COUN-
CIL  WHO REFUSES OR NEGLECTS TO ATTEND THREE MEETINGS OF SUCH COUNCIL OF
WHICH HE OR SHE IS DULY NOTIFIED, WITHOUT RENDERING IN  WRITING  A  GOOD
AND VALID EXCUSE THEREFOR VACATES HIS OR HER OFFICE BY REFUSAL TO SERVE.
EACH  ABSENCE  AND  ANY WRITTEN EXCUSE RENDERED SHALL BE INCLUDED WITHIN
THE OFFICIAL WRITTEN MINUTES OF SUCH MEETING. AFTER THE THIRD  UNEXCUSED
ABSENCE THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL DECLARE A VACANCY
TO THE CHANCELLOR.
  (B)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE COMMUNITY
DISTRICT EDUCATION COUNCIL AFTER CONSULTATION WITH THE PRESIDENTS' COUN-
CIL OR OTHER CONSULTATIVE BODY REPRESENTING  PARENTS'  ASSOCIATIONS  AND
OTHER  EDUCATIONAL  GROUPS WITHIN THE DISTRICT.  RECOMMENDATIONS MADE BY
SUCH PARENTS AND OTHER EDUCATIONAL GROUPS SHALL BE SUBMITTED IN  WRITING
AND  INCLUDED  WITHIN  THE RECORD OF THE MEETING AT WHICH THE VACANCY IS
FILLED.
  (C) IF THE VACANCY IS NOT FILLED BY THE COMMUNITY  DISTRICT  EDUCATION
COUNCIL  WITHIN  SIXTY  DAYS  AFTER IT IS DECLARED DUE TO A TIE VOTE FOR
SUCH APPOINTMENT, THE CHANCELLOR SHALL VOTE WITH THE COMMUNITY  DISTRICT
EDUCATION  COUNCIL,  TO  BREAK SUCH TIE VOTE.  IF THE COMMUNITY DISTRICT
EDUCATION COUNCIL HAS FAILED TO FILL THE VACANCY WITHIN SIXTY DAYS AFTER

S. 5739                            15

IT IS DECLARED BECAUSE OF ANY OTHER REASON, THE CHANCELLOR  SHALL  ORDER
THE  COMMUNITY  DISTRICT  EDUCATION COUNCIL TO DO SO PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-L OF THIS ARTICLE.
  9.  (A)  EACH  COMMUNITY  DISTRICT EDUCATION COUNCIL SHALL PREPARE AND
SUBMIT TO THE CITY BOARD A PERFORMANCE REPORT EVERY MONTH. THE  INFORMA-
TION   PROVIDED  SHALL  INCLUDE  COMMUNITY  DISTRICT  EDUCATION  COUNCIL
MEMBERS' ATTENDANCE RECORDS; PARTICIPATION IN COMMUNITY DISTRICT  EDUCA-
TION  COUNCIL  COMMITTEES AND OTHER COMMUNITY DISTRICT EDUCATION COUNCIL
ACTIVITIES; VISITS TO SCHOOLS; AND VOTING RECORDS ON MAJOR ISSUES BEFORE
THE COMMUNITY DISTRICT EDUCATION 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.
  10.  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 DISTRICT EDUCATION COUNCIL ELECTIONS, INCLUDING THE  PROCE-
DURES 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.
  11.  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  DISTRICT
EDUCATION  COUNCIL  ROLES, FUNCTIONS, AND ACTIVITIES, INCLUDING UPCOMING
ELECTIONS, VOTER REGISTRATION, 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 SHALL USE FOREIGN LANGUAGE AND ETHNIC NEWSPAPERS AND
TELEVISION STATIONS TO MAXIMIZE MINORITY PARTICIPATION IN THE  ELECTORAL
PROCESS.
  12.  ONE  VOTING  MEMBER  OF  THE COMMUNITY DISTRICT EDUCATION COUNCIL
SHALL BE APPOINTED BY THE APPLICABLE BOROUGH PRESIDENT.
  13. ONE VOTING MEMBER OF THE COMMUNITY DISTRICT EDUCATION COUNCIL WILL
BE SELECTED BY THE COUNCIL FROM THE  RESIDENTS  IN  THE  DISTRICT.  EACH
COMMUNITY DISTRICT EDUCATION COUNCIL SHALL SUBMIT ITS PROPOSED ELECTORAL
PROCESS TO THE CITY BOARD WITHIN SIX MONTHS FOLLOWING THE EFFECTIVE DATE
OF THIS SECTION.
  14.  FOR  THE  PURPOSES  OF THIS SECTION, THE TERM "PARENT OF A CHILD"
SHALL INCLUDE A LEGAL GUARDIAN OF A CHILD.
  S 4. Section 2590-e of the education law is REPEALED and a new section
2590-e is added to read as follows:
  S 2590-E.  POWERS AND DUTIES OF COMMUNITY DISTRICT EDUCATION  COUNCIL.
EACH  COMMUNITY  DISTRICT  EDUCATION  COUNCIL  SHALL  HAVE THE FOLLOWING
POWERS AND DUTIES TO ESTABLISH EDUCATIONAL POLICIES AND OBJECTIVES,  NOT
INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE AND THE POLICIES ESTAB-
LISHED BY THE CITY BOARD, WITH RESPECT TO ALL PRE-KINDERGARTEN, NURSERY,
KINDERGARTEN,  ELEMENTARY,  INTERMEDIATE  AND  JUNIOR HIGH SCHOOLS, HIGH
SCHOOLS, OTHER THAN ANY  SPECIAL  SENIOR  ACADEMIC  OR  VOCATIONAL  HIGH
SCHOOL  OF  CITY-WIDE  COMPETITIVE ADMISSION, AND PROGRAMS IN CONNECTION
THEREWITH IN THE COMMUNITY DISTRICT. THE  COMMUNITY  DISTRICT  EDUCATION
COUNCILS  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  CHANCELLOR  IN
ACCORDANCE  WITH  THE PROVISIONS OF THIS ARTICLE, BY CONTRACT FOR A TERM
NOT TO EXCEED BY MORE THAN ONE YEAR THE TERM OF OFFICE OF THE  COMMUNITY

S. 5739                            16

DISTRICT EDUCATION COUNCIL 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  TWEN-
TY-FIVE  HUNDRED NINETY-J OF THIS ARTICLE. CONSISTENT WITH PROCEDURES OF
THE  CHANCELLOR  ESTABLISHING  A  PUBLICLY  INCLUSIVE  PROCESS  FOR  THE
RECRUITMENT,  SCREENING  AND SELECTION OF SUPERINTENDENT CANDIDATES, AND
REGULATIONS ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND  ADMINISTRATIVE
QUALIFICATIONS  AND  PERFORMANCE  RECORD CRITERIA FOR SUCH POSITION, THE
COMMUNITY DISTRICT EDUCATION COUNCIL SHALL SELECT  NO  MORE  THAN  THREE
FINAL CANDIDATES FOR SUPERINTENDENT FROM CANDIDATES FOR APPOINTMENT, WHO
SHALL  HAVE  BEEN INTERVIEWED AND SCREENED BY AND WITH THE ASSISTANCE OF
PARENTS, INCLUDING INPUT FROM THE PRESIDENTS' COUNCIL OR OTHER CONSULTA-
TIVE BODY  REPRESENTING  PARENTS'  ASSOCIATIONS  AND  OTHER  EDUCATIONAL
GROUPS  WITHIN THE DISTRICT, TEACHERS, REPRESENTATIVES OF SCHOOL SUPPORT
PERSONNEL, AND ADMINISTRATORS, AND FORWARD SUCH NAMES TO THE  CHANCELLOR
FOR  SELECTION  TOGETHER WITH THE REASONS FOR THE RECOMMENDATION OF SUCH
CANDIDATES. IF THE CHANCELLOR SHOULD REJECT ALL THE CANDIDATES FOR WRIT-
TEN REASONS WITHIN THIRTY DAYS AFTER THE RECEIPT OF THE PROPOSED  NAMES,
THE COMMUNITY DISTRICT EDUCATION COUNCIL SHALL MAKE ANOTHER SELECTION OF
NO  MORE  THAN  FOUR NEW NAMES CONSISTENT WITH SUCH PROCEDURES AND REGU-
LATIONS, UNTIL THE CHANCELLOR  SELECTS  A  CANDIDATE.  THE  CONTRACT  OF
EMPLOYMENT  SHALL BE CONSISTENT WITH A MODEL CONTRACT PROMULGATED BY THE
CHANCELLOR WHICH SHALL INCLUDE PROVISIONS FOR REAPPOINTMENT.
  2. PROMOTE ACHIEVEMENT OF EDUCATIONAL STANDARDS AND OBJECTIVES  RELAT-
ING TO THE INSTRUCTION OF STUDENTS.
  3.  COOPERATE AS REQUIRED BY THE CHANCELLOR IN THE REMOVAL FROM OFFICE
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-L OF THIS ARTICLE OF  ANY
COMMUNITY  DISTRICT EDUCATION COUNCIL MEMBER FOR WILLFUL, INTENTIONAL OR
KNOWING INVOLVEMENT IN THE HIRING, APPOINTMENT OR ASSIGNMENT OF  EMPLOY-
EES OTHER THAN AS SPECIFICALLY AUTHORIZED IN THIS ARTICLE.
  4.  (A)  REQUIRE  COMMUNITY  DISTRICT  EDUCATION  COUNCIL MEMBERS, THE
COMMUNITY SUPERINTENDENT, AND ANY OTHER OFFICER OR EMPLOYEE  IN  SCHOOLS
AND  PROGRAMS UNDER THE JURISDICTION OF THE COMMUNITY DISTRICT EDUCATION
COUNCILS, TO MAKE ANNUAL WRITTEN DISCLOSURE, IN  ACCORDANCE  WITH  REGU-
LATIONS  AND BYLAWS OF THE CITY BOARD DEVELOPED IN CONSULTATION WITH THE
COMMUNITY DISTRICT EDUCATION COUNCILS, TO THE COMMUNITY DISTRICT  EDUCA-
TION  COUNCIL  AND  THE CITY BOARD, OF THE FOLLOWING INFORMATION OR SUCH
ALTERNATE INFORMATION AS MAY BE REASONABLY REQUIRED PURSUANT  TO  FINAN-
CIAL  DISCLOSURE FORMS WHICH MAY BE PROMULGATED FROM TIME TO TIME BY THE
CITY BOARD OR THE CHANCELLOR:
  (1) THE EMPLOYMENT BY THE CITY SCHOOL BOARD OR ANY COMMUNITY  DISTRICT
EDUCATION  COUNCIL  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  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  DISTRICT
EDUCATION COUNCIL MEMBER TO ASSIST IN THE ELECTION OR REELECTION OF SUCH
MEMBER  OF  THE  COMMUNITY DISTRICT EDUCATION COUNCIL, AND THE AMOUNT OF
SUCH CONTRIBUTION, CONSISTENT WITH ANY  APPLICABLE  REGULATIONS  OF  THE
CITY BOARD AND THE BOARD OF ELECTIONS.

S. 5739                            17

  (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 DISTRICT EDUCATION COUNCIL OR FOR ANY  OTHER  OFFICER  OR  EMPLOYEE
DISCIPLINARY ACTION AND SUCH OTHER PENALTY AS PROVIDED BY LAW.
  (C)  ALL  WRITTEN  DISCLOSURES REQUIRED IN THIS SECTION SHALL BE FILED
WITH THE COMMUNITY DISTRICT EDUCATION COUNCIL AND  THE  CITY  BOARD  AND
SHALL  BE  AVAILABLE FOR PUBLIC INSPECTION DURING REGULAR BUSINESS HOURS
ON REGULAR BUSINESS DAYS.
  5. REQUIRE COMMUNITY DISTRICT EDUCATION  COUNCIL  MEMBERS,  CANDIDATES
FOR  COMMUNITY DISTRICT EDUCATION COUNCILS, THE COMMUNITY SUPERINTENDENT
AND, FOR GOOD CAUSE SHOWN, ANY OTHER OFFICER OR EMPLOYEE IN SCHOOLS  AND
PROGRAMS  UNDER  THE  JURISDICTION  OF  THE COMMUNITY DISTRICT EDUCATION
COUNCILS TO SUBMIT TO THE CITY BOARD AND THE COMMUNITY  DISTRICT  EDUCA-
TION  COUNCILS,  IN  ACCORDANCE  WITH REGULATIONS AND BYLAWS OF THE CITY
BOARD DEVELOPED IN CONSULTATION WITH THE  COMMUNITY  DISTRICT  EDUCATION
COUNCILS,  FINANCIAL  REPORTS FOR THEMSELVES AND THEIR SPOUSES, PROVIDED
THAT IN THE CASE OF COMMUNITY DISTRICT  EDUCATION  COUNCIL  MEMBERS  AND
CANDIDATES  FOR  COMMUNITY  DISTRICT EDUCATION COUNCILS THE STATEMENT OF
FINANCIAL DISCLOSURE 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 DISTRICT EDUCATION COUNCIL 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  DISTRICT
EDUCATION COUNCIL MEMBER WITHOUT PREVIOUSLY COMPLYING WITH THIS SUBDIVI-
SION  AND  WITH ALL APPLICABLE FINANCIAL DISCLOSURE REQUIREMENTS PROMUL-
GATED BY THE BOARD OF ELECTIONS.
  6. PARTICIPATE IN TRAINING AND CONTINUING EDUCATION PROGRAMS  PURSUANT
TO THE PROVISIONS OF THIS SUBDIVISION:
  (A)  COMMUNITY DISTRICT EDUCATION COUNCIL MEMBERS SHALL PARTICIPATE IN
TRAINING TO ACQUAINT THEM WITH  THE  POWERS,  FUNCTIONS  AND  DUTIES  OF
COMMUNITY  DISTRICT  EDUCATION COUNCIL MEMBERS, AS WELL AS THE POWERS OF
OTHER GOVERNING AND  ADMINISTERING  AUTHORITIES  THAT  AFFECT  EDUCATION
INCLUDING  THE  POWERS  OF  THE COMMISSIONER, CITY BOARD, CHANCELLOR AND
COMMUNITY SUPERINTENDENTS. SUCH  PARTICIPATION  SHALL  BE  COMPLETED  NO
LATER  THAN  THREE  MONTHS  FROM  THE DATE IN WHICH A COMMUNITY DISTRICT
EDUCATION COUNCIL MEMBER TAKES OFFICE FOR THE FIRST TIME.
  (B) EACH COMMUNITY DISTRICT EDUCATION COUNCIL MEMBER SHALL BE REQUIRED
TO PARTICIPATE IN CONTINUING EDUCATION PROGRAMS ON AN  ANNUAL  BASIS  AS
DEFINED  BY  THE  CHANCELLOR. PARTICIPATION IN TRAINING PURSUANT TO THIS
SUBDIVISION BY A COMMUNITY DISTRICT EDUCATION COUNCIL MEMBER  WHO  TAKES
OFFICE FOR THE FIRST TIME SHALL BE DEEMED TO SATISFY THE REQUIREMENTS OF
THIS SUBDIVISION FOR THE FIRST YEAR OF SUCH MEMBER'S TERM.
  (C)  SUCH TRAINING AND CONTINUING EDUCATION PROGRAMS SHALL BE APPROVED
BY THE CHANCELLOR, FOLLOWING CONSULTATION WITH THE COMMISSIONER, AND MAY
BE PROVIDED BY THE DEPARTMENT, THE  CITY  BOARD,  THE  CHANCELLOR  OR  A
NONPROFIT PROVIDER AUTHORIZED BY THE CHANCELLOR TO PROVIDE SUCH TRAINING
AND CONTINUING EDUCATION PROGRAMS.
  (D)  THE  CHANCELLOR IS AUTHORIZED TO PROMULGATE REGULATIONS REGARDING
PROVIDERS AND THEIR CERTIFICATION, THE CONTENT AND IMPLEMENTATION OF THE

S. 5739                            18

TRAINING AND CONTINUING EDUCATION PROGRAMS.  ANY SUCH REGULATIONS  SHALL
BE DEVELOPED AFTER CONSULTATION WITH THE COMMISSIONER.
  (E)  SUCH  TRAINING AND CONTINUING EDUCATION PROGRAMS SHALL BE OFFERED
ON AN ANNUAL BASIS OR MORE FREQUENTLY, AS NEEDED,  TO  ENABLE  COMMUNITY
DISTRICT EDUCATION COUNCIL MEMBERS TO COMPLY WITH THIS SUBDIVISION.
  (F)  FAILURE OF COMMUNITY DISTRICT EDUCATION COUNCIL 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 PURSUANT TO REGU-
LATIONS OF THE COMMISSIONER, AND SHALL MAKE  IT  PUBLICLY  AVAILABLE  BY
TRANSMITTING IT TO LOCAL NEWSPAPERS OF GENERAL CIRCULATION, APPENDING IT
TO  COPIES OF THE PROPOSED BUDGET MADE PUBLICLY AVAILABLE AS REQUIRED BY
LAW, MAKING IT AVAILABLE FOR DISTRIBUTION AT  THE  ANNUAL  MEETING,  AND
OTHERWISE  DISSEMINATING IT AS REQUIRED BY THE COMMISSIONER. SUCH REPORT
CARD SHALL INCLUDE MEASURES OF THE ACADEMIC PERFORMANCE  OF  THE  SCHOOL
DISTRICT,  ON  A  SCHOOL  BY  SCHOOL  BASIS,  AND MEASURES OF THE FISCAL
PERFORMANCE OF THE DISTRICT, AS PRESCRIBED BY THE COMMISSIONER.   PURSU-
ANT  TO  REGULATIONS  OF  THE  COMMISSIONER,  THE REPORT CARD SHALL ALSO
COMPARE THESE MEASURES TO STATEWIDE AVERAGES FOR ALL PUBLIC SCHOOLS, AND
STATEWIDE AVERAGES FOR PUBLIC SCHOOLS OF  COMPARABLE  WEALTH  AND  NEED,
DEVELOPED  BY  THE  COMMISSIONER.  SUCH  REPORT CARD SHALL INCLUDE, AT A
MINIMUM, ANY INFORMATION ON THE SCHOOL DISTRICT REGARDING PUPIL PERFORM-
ANCE AND EXPENDITURE PER PUPIL REQUIRED TO BE  INCLUDED  IN  THE  ANNUAL
REPORT  BY  THE REQUESTS TO THE GOVERNOR AND THE LEGISLATURE PURSUANT TO
SECTION TWO HUNDRED FIFTEEN-A OF THIS CHAPTER; AND ANY OTHER INFORMATION
REQUIRED BY THE COMMISSIONER. SCHOOL DISTRICTS (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 DISABILITIES  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.  SUBJECT TO PARAGRAPH (O) OF SUBDIVISION ONE OF SECTION TWENTY-FIVE
HUNDRED NINETY-F OF THIS ARTICLE, 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 ATTORNEY AND COUNSEL PURSUANT TO SUBDIVISION  A  OF
SECTION  THREE  HUNDRED  NINETY-FOUR  OF  THE  NEW  YORK CITY CHARTER IN
ACTIONS OR PROCEEDINGS IN WHICH THE COUNCIL OR ANY MEMBER THEREOF  IS  A
DEFENDANT OR A RESPONDENT, AND MAY EMPLOY OR RETAIN COUNSEL TO REPRESENT
THE  COMMUNITY  DISTRICT  EDUCATION COUNCIL AS A PLAINTIFF OR PETITIONER
AGAINST ANY INDIVIDUAL OR ENTITY FOR VIOLATION OF APPLICABLE CITY, STATE
OR FEDERAL EDUCATION LAW.
  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

S. 5739                            19

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.
  10. APPROVE ZONING LINES AND ANY ZONING PROPOSALS THAT WOULD RESULT IN
THE  OPENING,  SITING,  CLOSING, LEASE OR SALE OF ANY SCHOOL BUILDING IN
THE DISTRICT AND/OR WHICH WOULD RESULT IN  THE  CLOSING,  RELOCATION  OR
IMPLEMENTATION  OF  ANY EXISTING OR NEW SCHOOL PROGRAMS IN THE DISTRICT,
INCLUDING CHARTER SCHOOLS AND THE RECONFIGURATION OF  GRADE  LEVELS,  IN
EACH  CASE AS SUBMITTED BY THE SUPERINTENDENT, CONSISTENT WITH THE REGU-
LATIONS OF THE CHANCELLOR, APPLICABLE TO SCHOOLS UNDER THE  JURISDICTION
OF THE COMMUNITY DISTRICT.
  11.  HOLD  MEETINGS  AT  LEAST  EVERY MONTH WITH THE SUPERINTENDENT TO
DISCUSS THE CURRENT STATE OF THE SCHOOLS IN THE  DISTRICT  AND  PROGRESS
MADE TOWARD THE IMPLEMENTATION OF THE DISTRICT'S COMPREHENSIVE EDUCATION
PLAN REQUIRED BY THE CHANCELLOR.
  12.  REVIEW  OF  THE  DISTRICT'S EDUCATIONAL PROGRAMS AND ASSESS THEIR
EFFECT ON STUDENT ACHIEVEMENT.
  13. HOLD PUBLIC MEETINGS AT LEAST EVERY MONTH WITH THE  SUPERINTENDENT
DURING WHICH THE PUBLIC MAY SPEAK SO THAT PARENTS AND THE COMMUNITY HAVE
A VOICE AND A PUBLIC FORUM TO AIR THEIR CONCERNS.
  14.  SUBMIT  AN ANNUAL EVALUATION OF THE PERFORMANCE AND EFFECTIVENESS
OF THE SUPERINTENDENT TO THE CHANCELLOR, TOGETHER WITH A LIST  OF  GOALS
FOR  THE  UPCOMING YEAR, WHICH MATERIALS SHALL BE SUBMITTED TO THE CHAN-
CELLOR WITHIN SIXTY DAYS FOLLOWING THE END OF EACH CALENDAR YEAR.
  15. SUBMIT AN ANNUAL EVALUATION CONSISTENT WITH PROCEDURES WHICH SHALL
BE DEVELOPED BY THE CHANCELLOR OF ALL  OTHER  INSTRUCTIONAL  SUPERVISORY
PERSONNEL  WHO  HAVE  RESPONSIBILITY FOR MORE THAN ONE SCHOOL WITHIN THE
DISTRICT.
  16. HOLD A PUBLIC HEARING ON THE  DISTRICT'S  ANNUAL  CAPACITY  PLANS,
RECOMMENDED  BY THE SUPERINTENDENT AND BASED ON DATA FROM THE CHANCELLOR
ON ENROLLMENT/UTILIZATION FOR EACH SCHOOL WITHIN THE DISTRICT AND SUBMIT
SUCH PLAN, UPON APPROVAL BY THE COMMUNITY DISTRICT EDUCATION COUNCIL, TO
THE CHANCELLOR FOR HIS OR HER APPROVAL AND IMPLEMENTATION.
  17. PROVIDE INPUT, AS IT DEEMS NECESSARY, TO THE  CHANCELLOR  AND  THE
CITY BOARD ON MATTERS OF CONCERN TO THE DISTRICT.
  18.  LIAISE  WITH  SCHOOL  LEADERSHIP  TEAMS  AS  MAY BE NECESSARY AND
PROVIDE ASSISTANCE TO THE SCHOOL LEADERSHIP TEAMS WHERE POSSIBLE.
  19. REVIEW ALL PROPOSALS FOR AND APPROVE  ANY  RESEARCH  PERFORMED  ON
STUDENTS  IN  THE  DISTRICT  WITH  RESPECT  TO WHICH PRIVATE FUNDS IN AN
AMOUNT EQUAL TO OR GREATER THAN ONE HUNDRED THOUSAND  DOLLARS,  IN  EACH
INSTANCE, HAVE BEEN ALLOCATED.
  20.  REVIEW  EACH  PROPOSED EDUCATIONAL FACILITY'S CAPITAL PLAN OF THE
CHANCELLOR PURSUANT TO SECTION  TWENTY-FIVE  HUNDRED  NINETY-P  OF  THIS
ARTICLE  AND  PROVIDE COMMENTS TO THE CHANCELLOR PRIOR TO THE RELEASE OF
THE DRAFT CAPITAL PLAN FOR PUBLIC COMMENT. THE COMMUNITY DISTRICT EDUCA-
TION COUNCIL SHALL PROVIDE THE CHANCELLOR PERIODICALLY WITH  INFORMATION
ON  DEMOGRAPHIC  CHANGES, DEVELOPMENT AND IMMIGRATION TRENDS, CHANGES IN
THE SPECIAL NEEDS POPULATION AND OTHER  DATA  REGARDING  THE  APPLICABLE
DISTRICT THAT ARE RELEVANT TO THE PREPARATION OF SUCH PLAN.
  21.  PROVIDE  INPUT AND RECOMMENDATIONS TO THE CITY BOARD WITH RESPECT
TO ANY MAJOR POLICY INITIATIVES AND BUDGETS, PRIOR TO A  FINAL  VOTE  BY
THE CITY BOARD WITH RESPECT TO THE MATTER IN QUESTION.

S. 5739                            20

  22.  LIAISE  AND COLLABORATE WITH LOCAL COMMUNITY BOARDS IN ACCORDANCE
WITH REGULATIONS OF THE CHANCELLOR AND APPLICABLE LAWS WITH  RESPECT  TO
MATTERS  WHICH  AFFECT  DISTRICT  SCHOOLS OR THE DISTRICT STUDENT AND/OR
FAMILY POPULATIONS. THE COMMUNITY DISTRICT EDUCATION COUNCIL MAY  PERMIT
THE  PARTICIPATION  OF A REPRESENTATIVE FROM ANY SUCH COMMUNITY BOARD AT
MEETINGS OF THE COMMUNITY DISTRICT EDUCATION COUNCIL,  AND,  SUBJECT  TO
APPLICABLE  LAW,  SHALL  ARRANGE  FOR  A REPRESENTATIVE OF THE COMMUNITY
DISTRICT EDUCATION COUNCIL TO ATTEND RELEVANT COMMUNITY  BOARD  MEETINGS
WHERE DESIRABLE AND PRACTICABLE.
  S 5. Section 2590-f of the education law is REPEALED and a new section
2590-f is added to read as follows:
  S  2590-F.  COMMUNITY  SUPERINTENDENTS.  1.  SUBJECT  IN EVERY CASE TO
POWERS DEVOLVED TO PRINCIPALS AND SCHOOLS CONSISTENT WITH THIS  ARTICLE,
THE SUPERINTENDENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  (A) TO ASSIST DISTRICT SCHOOLS IN OBTAINING WAIVERS FROM STATE, FEDER-
AL  AND  CITY  BOARD  REGULATIONS  WHERE  APPROPRIATE TO PROMOTE STUDENT
ACHIEVEMENT AND SCHOOL PERFORMANCE.
  (B) TO DELEGATE ANY OF HIS OR HER POWERS AND DUTIES TO  SUCH  SUBORDI-
NATE OFFICERS OR EMPLOYEES OF HIS OR HER COMMUNITY DISTRICT AS HE OR SHE
DEEMS  APPROPRIATE AND TO MODIFY OR RESCIND ANY POWER AND DUTY SO DELEG-
ATED.
  (C) EXCEPT FOR THE APPOINTMENT OF SUPERVISORS  PURSUANT  TO  PARAGRAPH
(D)  OF  THIS  SUBDIVISION,  TO  APPOINT,  DEFINE THE DUTIES OF, ASSIGN,
PROMOTE AND DISCHARGE ALL EMPLOYEES,  INCLUDING  TEACHER-AIDES,  OF  THE
COMMUNITY  DISTRICT,  AND FIX THEIR COMPENSATION AND TERMS OF EMPLOYMENT
WITHIN AMOUNTS APPROPRIATED  THEREFOR  AND  NOT  INCONSISTENT  WITH  THE
PROVISIONS OF THIS ARTICLE AND ANY COLLECTIVE BARGAINING AGREEMENT.
  (D)  TO  APPOINT  SUPERVISORY  PERSONNEL FROM CANDIDATES SCREENED BY A
COMMITTEE INCLUDING PARENTS, TEACHERS, AND SCHOOL SUPPORT PERSONNEL, WHO
SHALL  BE  SELECTED  AND  SHALL  OPERATE  IN  A  MANNER  PRESCRIBED   BY
CHANCELLOR'S REGULATIONS.
  (E)  TO APPOINT OR REJECT THE PRINCIPAL CANDIDATES SCREENED BY SCREEN-
ING COMMITTEES, IN ACCORDANCE WITH PROCEDURES AND CRITERIA PRESCRIBED BY
CHANCELLOR'S REGULATIONS, AND  SUBJECT  TO  THE  CHANCELLOR'S  POWER  TO
REJECT  SUCH  APPOINTMENTS PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINE-
TY-H OF THIS ARTICLE.
  (F) TO EVALUATE, AT LEAST ANNUALLY, THE PERFORMANCE OF PRINCIPALS  FOR
EVERY  SCHOOL  IN THE DISTRICT WITH RESPECT TO EDUCATIONAL EFFECTIVENESS
AND SCHOOL PERFORMANCE, INCLUDING  EFFECTIVENESS  OF  PROMOTING  STUDENT
ACHIEVEMENT AND PARENTAL INVOLVEMENT, AND MAINTAINING SCHOOL DISCIPLINE.
  (G)  THE  AUTHORITY  TO  TRANSFER  OR REMOVE PRINCIPALS FOR PERSISTENT
EDUCATIONAL FAILURE, CONFLICTS OF INTEREST, AND ETHICS  VIOLATIONS,  AND
TO  REQUIRE  PRINCIPALS  TO  PARTICIPATE  IN TRAINING AND OTHER REMEDIAL
PROGRAMS TO ADDRESS IDENTIFIED FACTORS AFFECTING STUDENT ACHIEVEMENT AND
SCHOOL PERFORMANCE, CONSISTENT WITH SECTIONS TWENTY-FIVE  HUNDRED  NINE-
TY-H,  TWENTY-FIVE  HUNDRED NINETY-I AND TWENTY-FIVE HUNDRED NINETY-L OF
THIS ARTICLE.
  (H) TO REVIEW, MODIFY AND APPROVE SCHOOL-BASED BUDGETS PROPOSED BY THE
SCHOOL, PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-R OF  THIS  ARTI-
CLE.
  (I)  TO  RETAIN  ONE  OR  MORE DISTRICT FISCAL OFFICERS TO MONITOR AND
REPORT ON SCHOOLS' EXPENDITURES PURSUANT TO THE SCHOOL-BASED BUDGETS.
  (J) WITHIN THE AMOUNTS APPROPRIATED THEREFOR  TO  ADMINISTER  DISTRICT
MINOR  REPAIR  AND  PURCHASING FUNDS, AND MAKE THEM AVAILABLE TO SCHOOLS
CONSISTENT  WITH  SECTIONS  TWENTY-FIVE  HUNDRED  NINETY-I,  TWENTY-FIVE
HUNDRED  NINETY-R,  AND  SUBDIVISIONS  THIRTY-SIX  AND  THIRTY-SEVEN  OF

S. 5739                            21

SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE, FOR  SERVICES  AND
SUPPLIES PROVIDED BY THE CHANCELLOR, THE SUPERINTENDENT, OR PURCHASED BY
THE  SCHOOLS,  AND  TO PROVIDE FOR MINOR REPAIRS TO ALL SCHOOL BUILDINGS
AND OTHER BUILDINGS AND SITES UNDER THE DISTRICT'S JURISDICTION.
  (K) SUBJECT TO SUBDIVISION TWO OF SECTION TWENTY-FIVE HUNDRED NINETY-E
OF  THIS  ARTICLE  AND  THIS  SECTION,  TO APPROVE OR DISAPPROVE MATTERS
RELATING TO THE INSTRUCTION OF STUDENTS, INCLUDING THE POWER  TO  DISAP-
PROVE  SCHOOL  CHOICES  WITH RESPECT TO SELECTION OF TEXTBOOKS AND OTHER
INSTRUCTIONAL MATERIALS.
  (L) TO OPERATE ADMINISTRATIVE OFFICES AND SIMILAR FACILITIES,  INCLUD-
ING SOCIAL CENTERS, AND RECREATIONAL AND EXTRACURRICULAR PROGRAMS, UNDER
THE  DISTRICT'S  JURISDICTION,  AND THE DUTY TO SUPPORT THE OPERATION OF
SCHOOL FACILITIES.
  (M) SUBJECT TO REGULATIONS OR RESOLUTIONS OF THE CITY BOARD, TO  OPER-
ATE CAFETERIA OR RESTAURANT SERVICES FOR PUPILS AND TEACHERS AND FOR THE
USE  BY THE COMMUNITY FOR SCHOOL RELATED FUNCTIONS AND ACTIVITIES AND TO
FURNISH MEALS TO THE ELDERLY, SIXTY  YEARS  OF  AGE  OR  OLDER,  OF  THE
DISTRICT. CHARGES SHALL BE SUFFICIENT TO MEET THE DIRECT COST OF PREPAR-
ING AND SERVING SUCH MEALS, REDUCIBLE BY AVAILABLE REIMBURSEMENTS.
  (N)  TO  MAINTAIN  DISCIPLINE  IN THE EDUCATIONAL AND OTHER FACILITIES
UNDER THE JURISDICTION OF THE DISTRICT, INCLUDING THE DUTY TO ASSIST THE
SCHOOLS IN MAINTAINING DISCIPLINE.
  (O) 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
ATTORNEY 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 COMMUNITY DISTRICTS OR BETWEEN A COMMUNI-
TY DISTRICT AND THE CITY BOARD, EACH COMMUNITY DISTRICT MAY  BE  REPRES-
ENTED BY ITS OWN COUNSEL.
  (P)  IN  COMPLIANCE  WITH  RULES  AND REGULATIONS OF THE COMMISSIONER,
PROMULGATED PURSUANT TO SECTION ONE HUNDRED ONE-A OF  THIS  CHAPTER,  TO
GIVE WRITTEN NOTICE TO THE FAMILY COURT PURSUANT TO SUBDIVISION THREE OF
SECTION  SEVEN  HUNDRED  FIFTY-EIGHT-A  AND SUBDIVISION THREE OF SECTION
353.6 OF THE FAMILY COURT ACT OF THE DESIRE  OF  ANY  SCHOOL  UNDER  THE
JURISDICTION  OF  THE  COMMUNITY  DISTRICT  TO ACT IN THE SUPERVISION OF
CERTAIN JUVENILES WHILE PERFORMING SERVICES FOR THE PUBLIC GOOD.
  (Q) TO TAKE ALL NECESSARY STEPS TO ENSURE THE INTEGRITY  OF  COMMUNITY
DISTRICT  OPERATIONS,  CONSISTENT  WITH  REGULATIONS  PROMULGATED BY THE
CHANCELLOR AND THE CITY BOARD.
  (R)  WHERE  SO  AUTHORIZED  BY  THE  CHANCELLOR,   TO   EXERCISE   THE
CHANCELLOR'S  POWERS UNDER SUBDIVISION THIRTY-ONE OF SECTION TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE.
  (S) TO PROVIDE WRITTEN NOTICE AND OTHER RELATED INFORMATION  DESCRIBED
IN  PARAGRAPH  (C)  OF  SUBDIVISION THREE OF SECTION TWENTY-FIVE HUNDRED
NINETY-C OF THIS ARTICLE TO EVERY PARENT OF A CHILD, INCLUDING  A  CHILD
WITH  A  DISABILITY, ATTENDING A SCHOOL UNDER THE JURISDICTION OF HIS OR
HER COMMUNITY DISTRICT EDUCATION COUNCIL AS DIRECTED BY THE CHANCELLOR.
  (T) NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, TO EXERCISE
ALL OF THE DUTIES AND RESPONSIBILITIES OF THE  EMPLOYING  BOARD  AS  SET
FORTH  IN  SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER PURSUANT TO A
DELEGATION OF THE CHANCELLOR UNDER SECTION TWENTY-FIVE HUNDRED  NINETY-H
OF THIS ARTICLE.
  (U) TO PROVIDE RELEVANT DATA TO THE COMMUNITY DISTRICT EDUCATION COUN-
CIL  TO  ENCOURAGE  INFORMED  AND  ADEQUATE PUBLIC DISCUSSION ON STUDENT
ACHIEVEMENT AND THE STATE OF EACH SCHOOL WITHIN THE DISTRICT.

S. 5739                            22

  (V) TO OVERSEE THE COMMUNITY DISTRICT  EDUCATION  COUNCIL  AND  ENSURE
THAT IT COMPLIES WITH ITS OBLIGATIONS UNDER LAW AND UNDER ANY APPLICABLE
REGULATIONS OR RESOLUTIONS OF THE CITY BOARD OR THE CHANCELLOR.
  (W)  TO  HOLD QUARTERLY MEETINGS WITH THE PRESIDENTS' COUNCIL OR OTHER
CONSULTATIVE BODY REPRESENTING PARENTS' ASSOCIATIONS  AND  OTHER  EDUCA-
TIONAL GROUPS WITHIN THE DISTRICT.
  (X)  TO  REVIEW AND PROVIDE INPUT IN A TIMELY MANNER ON THE DISTRICT'S
COMPREHENSIVE EDUCATION PLAN, THE ANNUAL CAPITAL PLAN, ANY REPORT ON THE
ENROLLMENT, CAPACITY, AND UTILIZATION OF CITY  SCHOOL  BUILDINGS,  CLASS
SIZE  REPORT,  MID-YEAR REPORT ON DISTRICT GOALS AND OBJECTIVES, AND THE
RELEVANT DISTRICT ANNUAL REPORT CARD.
  2. IN EXERCISING SUCH POWERS AND DUTIES EACH COMMUNITY  SUPERINTENDENT
SHALL  COMPLY  WITH  ALL  APPLICABLE PROVISIONS OF LAW, BYLAWS, RULES OR
REGULATIONS, DIRECTIVES OR AGREEMENTS OF THE CITY BOARD, THE  CHANCELLOR
AND  HIS OR HER COMMUNITY DISTRICT EDUCATION COUNCIL AND WITH THE EDUCA-
TIONAL POLICIES ESTABLISHED BY THE CITY BOARD AND HIS OR  HER  COMMUNITY
DISTRICT EDUCATION COUNCIL, INCLUDING PERFORMANCE STANDARDS ADDRESSED TO
ADMINISTRATION  AND  EDUCATIONAL EFFECTIVENESS, AND ANY REQUIREMENTS FOR
CONTINUING TRAINING AND EDUCATION, EMBODIED IN STANDARDS,  CIRCULARS  OR
REGULATIONS PROMULGATED BY THE CHANCELLOR.
  3. NO PERSON WHO HAS SERVED AS A MEMBER OF A COMMUNITY DISTRICT EDUCA-
TION COUNCIL MAY BE EMPLOYED BY THAT BOARD OR THE SUPERINTENDENT OF THAT
DISTRICT  WITHIN  A  PERIOD OF THREE YEARS AFTER THE TERMINATION OF SUCH
SERVICE UNLESS SUCH PERSON QUALIFIES FOR  THE  POSITION  PURSUANT  TO  A
COMPETITIVE  EXAMINATION  AND APPLICABLE PROVISIONS OF THE CIVIL SERVICE
LAW.
  4. EACH COMMUNITY SUPERINTENDENT SHALL SPEND AT LEAST  NINETY  PERCENT
OF HIS OR HER TIME IN THE COMMUNITY DISTRICT TO WHICH HE OR SHE HAS BEEN
ASSIGNED, ATTENDING TO HIS OR HER ROLE IN SUPPORTING SCHOOLS AND PARENTS
IN THE DISTRICT IN THE MANNER SET FORTH IN THIS SECTION.
  S 6. Section 2590-g of the education law is REPEALED and a new section
2590-g is added to read as follows:
  S  2590-G.   POWERS AND DUTIES OF THE CITY BOARD. THE CITY BOARD SHALL
ADVISE THE CHANCELLOR ON MATTERS OF POLICY AFFECTING THE WELFARE OF  THE
CITY DISTRICT AND ITS PUPILS. THE BOARD SHALL PERFORM NO EXECUTIVE FUNC-
TIONS.  NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE OR AUTHOR-
IZE THE DAY-TO-DAY SUPERVISION OR THE ADMINISTRATION OF  THE  OPERATIONS
OF  ANY  SCHOOL WITHIN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK.
ALL POLICIES, ACTS AND DECISIONS OF THE CITY BOARD SHALL BE  SUBJECT  TO
ALL  APPLICABLE  FEDERAL,  STATE  AND CITY LAWS AND REGULATIONS. WITHOUT
LIMITING THE FOREGOING, THE BOARD SHALL HAVE THE POWER AND DUTY TO:
  1.  (A)  APPROVE  STANDARDS,  POLICIES,  OBJECTIVES,  AND  REGULATIONS
PROPOSED  BY  THE CHANCELLOR DIRECTLY RELATED TO EDUCATIONAL ACHIEVEMENT
AND STUDENT PERFORMANCE; (B) CONSIDER AND APPROVE ANY OTHER MAJOR STAND-
ARDS, POLICIES, OBJECTIVES, AND REGULATIONS AS  SPECIFICALLY  AUTHORIZED
OR REQUIRED BY STATE OR FEDERAL LAW OR REGULATION; (C) VOTE ON THE OVER-
ALL  BUDGET  AND  THE  ALLOCATION OF SPENDING WITHIN THE BUDGET; AND (D)
WITH RESPECT TO PARAGRAPHS (A), (B), AND (C) OF  THIS  SUBDIVISION,  THE
BOARD SHALL REQUIRE TWO MONTHS' NOTICE IN ADVANCE OF EVERY VOTE, SO THAT
CIVIC  ORGANIZATIONS,  ADVOCACY GROUPS, AND COMMUNITY DISTRICT EDUCATION
COUNCILS HAVE THE OPPORTUNITY TO COMMENT  IN  ADVANCE.  THE  SIX  PARENT
MEMBERS  OF  THE  BOARD  SHALL READ AND SUMMARIZE THE POSITIONS OF THEIR
RESPECTIVE COMMUNITY DISTRICT  EDUCATION  COUNCILS  BEFORE  VOTING.  THE
BOARD  MEMBER  APPOINTED BY THE PUBLIC ADVOCATE SHALL READ AND SUMMARIZE
THE POSITION OF THE INDEPENDENT PARENT ORGANIZATIONS AND OTHER  ADVOCACY

S. 5739                            23

GROUPS  BEFORE  VOTING.  PUBLIC COMMENT SHALL BE TAKEN BEFORE EVERY VOTE
UNDER THIS SUBDIVISION.
  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 CITY-WIDE EDUCATIONAL
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 DISTRICT EDUCATION COUNCILS 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. APPROVE LITIGATION SETTLEMENTS  ONLY  WHEN  SUCH  SETTLEMENT  WOULD
SIGNIFICANTLY  IMPACT  THE PROVISION OF EDUCATIONAL SERVICES OR PROGRAM-
MING WITHIN THE DISTRICT.
  6. APPROVE ALL AGREEMENTS WITH UNIONS.
  7. EVALUATE THE CHANCELLOR.
  8. FORM WORKING COMMITTEES OF EXPERTS AND  OTHER  INTERESTED  INDIVID-
UALS,  SUCH  AS  BUT  NOT LIMITED TO SPECIAL EDUCATION, ENGLISH LANGUAGE
LEARNERS, CAPITAL, AND ARTS EDUCATION AS WARRANTED, WHOSE  MEMBERS  NEED
NOT BE MEMBERS OF THE BOARD.
  9.  FORM  AN  AUDIT  COMMITTEE, TO BE FINALIZED BY THE THIRD SCHEDULED
NON-EMERGENCY MEETING OF THE CITY BOARD, OF FIVE  MEMBERS  OF  THE  CITY
BOARD,  AT  LEAST  ONE OF WHOM SHALL BE A PARENT MEMBER, AND ONE OF WHOM
SHALL BE THE MEMBER APPOINTED BY THE COMPTROLLER  OF  THE  CITY  OF  NEW
YORK,  AND  THIS  LATTER  MEMBER  SHALL ALSO SERVE AS CHAIRPERSON OF THE
AUDIT COMMITTEE. THE AUDIT  COMMITTEE  SHALL  HAVE  ACCESS  TO  INTERNAL
AUDITS  AND  SHALL  ISSUE  ANNUAL  PUBLIC REPORTS OF THE EXPENDITURES OF
PUBLIC AND PRIVATE FUNDS AND CAPITAL SPENDING.
  10. APPROVE ALL CONTRACTS FOR THE PROVISION OF GOODS  AND/OR  SERVICES
TO  BE  PAID FOR WITH FUNDS OF ANY DISTRICT. FOR ANY SUCH CONTRACT IN AN
AMOUNT OF FIVE HUNDRED THOUSAND DOLLARS OR  LESS,  THE  CITY  BOARD  MAY
DELEGATE  PURCHASING  AUTHORITY  TO  THE  CHANCELLOR OR THE CHANCELLOR'S
DESIGNEES.
  11. REVIEW AND APPROVE ALL CONTRACTS IN AN AMOUNT EQUAL TO OR  GREATER
THAN FIVE HUNDRED THOUSAND DOLLARS. WITH RESPECT TO CONSULTING SERVICES,
THE  BOARD  MUST  APPROVE  CONTRACTS  IN  EXCESS OF ONE HUNDRED THOUSAND
DOLLARS. FOR THE PURPOSE OF THIS SUBDIVISION AND SUBDIVISION TEN OF THIS
SECTION, "CONTRACTS" SHALL BE DEEMED TO MEAN ANY NEW CONTRACTS, RENEWALS
OR EXTENSIONS THAT INCREASE THE TOTAL AMOUNT ABOVE THE ONE HUNDRED THOU-
SAND DOLLARS THRESHOLD.  SEVERAL SMALLER CONTRACTS OF  SIMILAR  DURATION
WITH  THE SAME VENDOR SHALL BE CONSIDERED A SINGLE CONTRACT FOR PURPOSES
OF CITY BOARD REVIEW AND APPROVAL. THE CITY BOARD SHALL  APPROVE  APPRO-
PRIATION  OF PRIVATE FUNDS TO DISTRICT PROGRAMS WHEN FUNDING EXCEEDS ONE
HUNDRED THOUSAND DOLLARS IN ONE FISCAL YEAR.
  S 7. The opening paragraph, paragraph (a) of subdivision 1 and  subdi-
visions  15  and  30 of section 2590-h of the education law are REPEALED
and a new opening paragraph, paragraph (a) of subdivision 1 and subdivi-
sions 15 and 30 are added to read as follows:
  THE OFFICE OF CHANCELLOR OF THE CITY DISTRICT IS HEREBY CONTINUED.  IT
SHALL  BE FILLED BY AN EDUCATOR WITH AT LEAST THREE YEARS' EXPERIENCE AS

S. 5739                            24

A TEACHER AND THREE YEARS' EXPERIENCE AS A PRINCIPAL, IN  EACH  INSTANCE
IN  AN  URBAN  PUBLIC SCHOOL DISTRICT. THIS REQUIREMENT IS NON-WAIVABLE.
THE BOARD SHALL NOMINATE THREE ELIGIBLE  CANDIDATES  FOR  CHANCELLOR  NO
LATER  THAN  THE  THIRD NON-EMERGENCY MEETING OF THE BOARD FOLLOWING THE
COMMENCEMENT OF THE TERM OF OFFICE OF THE MAYOR OF THE CITY OF NEW YORK,
AND THE MAYOR SHALL THEN SELECT AND APPOINT ONE OF THE THREE CANDIDATES,
NO LATER THAN THE SECOND NON-EMERGENCY MEETING OF  THE  BOARD  FOLLOWING
THE  COMMENCEMENT OF THE MAYOR'S TERM OF OFFICE. THE CHANCELLOR SHALL BE
EMPLOYED BY THE CITY BOARD BY CONTRACT FOR A TERM ALIGNED WITH THE  TERM
OF  THE MAYOR OF THE CITY OF NEW YORK, EXCEPT DURING THE PERIOD OF OVER-
LAP BETWEEN THE COMMENCEMENT OF THE  MAYOR'S  TERM  OF  OFFICE  AND  THE
APPOINTMENT  OF  A NEW CHANCELLOR, DURING WHICH TIME THE INCUMBENT CHAN-
CELLOR SHALL SERVE. THE CHANCELLOR SHALL BE SUBJECT TO  REMOVAL  BY  THE
CITY  BOARD FOR CAUSE. THE CHANCELLOR SHALL RECEIVE A SALARY TO BE FIXED
BY THE CITY BOARD WITHIN THE BUDGETARY ALLOCATION THEREFOR. THE CHANCEL-
LOR SHALL ATTEND ALL MEETINGS OF THE  CITY  BOARD,  BUT  THE  CHANCELLOR
SHALL  NOT  BE  A MEMBER THEREOF, AND SHALL NOT SERVE AS THE CHAIRPERSON
THEREOF. HE OR SHE SHALL EXERCISE ALL HIS OR HER POWERS AND DUTIES IN  A
MANNER  NOT  INCONSISTENT WITH THE POLICIES OF THE CITY BOARD. ALL POLI-
CIES, ACTS AND DECISIONS OF THE  CHANCELLOR  SHALL  BE  SUBJECT  TO  ALL
APPLICABLE  FEDERAL, STATE AND CITY LAWS AND REGULATIONS. WITHOUT LIMIT-
ING THE FOREGOING, THE CHANCELLOR SHALL HAVE THE  FOLLOWING  POWERS  AND
DUTIES  AS THE SUPERINTENDENT OF SCHOOLS AND CHIEF EXECUTIVE OFFICER FOR
THE CITY DISTRICT, WHICH THE CHANCELLOR 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:
  (A) ACADEMIC AND VOCATIONAL SENIOR HIGH SCHOOLS UNTIL SUCH TIME AS THE
SAME MAY BE TRANSFERRED TO THE  JURISDICTION  OF  APPROPRIATE  COMMUNITY
DISTRICT  EDUCATION  COUNCILS  PURSUANT TO THIS ARTICLE, WHICH TRANSFERS
THE CHANCELLOR SHALL EFFECT IN A TIMELY MANNER;
  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)  IN  THE ABSENCE OF A CHAPTER OF THE INDEPENDENT PARENTS ORGANIZA-
TION ESTABLISHED PURSUANT TO SECTION  TWENTY-FIVE  HUNDRED  NINETY-T  OF
THIS  ARTICLE, ESTABLISHING A PARENTS' ASSOCIATION OR A PARENT-TEACHERS'
ASSOCIATION IN EACH SCHOOL  UNDER  THE  CHANCELLOR'S  JURISDICTION,  AND
ENSURING THAT THE DISTRICTS DO THE SAME;
  (B)  PURSUANT  TO A PLAN PREPARED IN CONSULTATION WITH ASSOCIATIONS OF
PARENTS, AND REPRESENTATIVES OF TEACHERS, SUPERVISORS, PARAPROFESSIONALS
AND OTHER SCHOOL PERSONNEL WITHIN THE CITY DISTRICT, AND PROMULGATED  NO
LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND TEN, (I) TAKING ALL NECES-
SARY  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 LEADERSHIP AND SHARED  DECI-
SION-MAKING,  INCLUDING  SECTION  100.11  OF  NYCRR,  IN  A MANNER WHICH
BALANCES PARTICIPATION BY PARENTS WITH PARTICIPATION BY SCHOOL PERSONNEL
IN ADVISING IN THE DECISIONS DEVOLVED TO SCHOOLS  PURSUANT  TO  SECTIONS
TWENTY-FIVE  HUNDRED  NINETY-I  AND TWENTY-FIVE HUNDRED NINETY-R OF THIS
ARTICLE, AND (II) PURSUANT TO SUCH PLAN  AND  IN  CONJUNCTION  WITH  THE
PARENT ACADEMY ESTABLISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINE-
TY-T  OF  THIS ARTICLE, PROVIDING FOR APPROPRIATE TRAINING TO ANY PARENT
AND SCHOOL PERSONNEL WHO PARTICIPATE IN THE SCHOOL-BASED LEADERSHIP  AND

S. 5739                            25

SHARED  DECISION-MAKING  PROCESS INCLUDING, BUT NOT LIMITED TO, TRAINING
FOR DEVELOPING THE SCHOOL-BASED BUDGET AND USE  OF  THE  CITY-DISTRICT'S
BUDGETING SYSTEM.
  (C)  SCHOOL-BASED LEADERSHIP TEAMS DEVELOPED PURSUANT TO PARAGRAPH (B)
OF THIS SUBDIVISION SHALL POSSESS THE FOLLOWING POWERS AND DUTIES:
  (I) DEVELOP AN ANNUAL  SCHOOL  COMPREHENSIVE  EDUCATIONAL  PLAN  WHICH
SHALL  BE SUBMITTED TO THE DISTRICT SUPERINTENDENT AND BE MADE AVAILABLE
FOR PUBLIC INSPECTION;
  (II) DEVELOP A SCHOOL-BASED BUDGET AND STAFFING PLAN ALIGNED WITH  THE
COMPREHENSIVE EDUCATIONAL PLAN;
  (III)  COLLABORATE,  CONSISTENT WITH SECTION TWENTY-FIVE HUNDRED NINE-
TY-I OF THIS ARTICLE AND THE CHANCELLOR'S REGULATIONS, ON THE  SELECTION
OF THE SCHOOL PRINCIPAL;
  (IV) COLLABORATE WITH THE DISTRICT SUPERINTENDENT IN THE REGULAR SCHE-
DULED PERFORMANCE REVIEW OF THE PRINCIPAL;
  (V)  UNDERGO  INITIAL AND ONGOING TRAINING THAT WILL ALLOW ITS MEMBERS
TO CARRY OUT THEIR DUTIES EFFECTIVELY, INCLUDING SUCH TRAINING AS MAY BE
PROVIDED  BY  THE  PARENT  ACADEMY  ESTABLISHED  PURSUANT   TO   SECTION
TWENTY-FIVE HUNDRED NINETY-T OF THIS ARTICLE;
  (VI)  MONITOR  INTERNAL  SCHOOL ISSUES, INCLUDING, BUT NOT LIMITED TO,
MAINTENANCE OF PHYSICAL CAPITAL, THE RELATIONSHIP BETWEEN TEACHING STAFF
AND THE PARENT COMMUNITY, AND PARENTAL CONCERNS REGARDING THE SAFETY AND
WELL-BEING OF CHILDREN; AND
  (VII)  PERFORM  AN  ANNUAL  SPACE  ASSESSMENT  OF  THE  SCHOOL,  BY  A
WALK-THROUGH OF THE SCHOOL BUILDING.
  (D)  SCHOOL-BASED LEADERSHIP TEAMS DEVELOPED PURSUANT TO PARAGRAPH (B)
OF THIS SUBDIVISION SHALL CONSIST OF NO FEWER THAN  EIGHT  AND  NO  MORE
THAN SIXTEEN MEMBERS, SUBJECT TO THE FOLLOWING CONDITIONS:
  (I) THERE SHALL AT ALL TIMES BE AN EQUAL REPRESENTATION OF PARENTS AND
STAFF;
  (II)  THE PRESIDENT OF THE SCHOOL'S PARENT ASSOCIATION, PARENT-TEACHER
ASSOCIATION AND INDEPENDENT PARENT ORGANIZATION, ESTABLISHED PURSUANT TO
THIS SECTION AND SECTION TWENTY-FIVE HUNDRED NINETY-T OF  THIS  ARTICLE,
SHALL BE DESIGNATED A PARENT MEMBER;
  (III)  NOTWITHSTANDING  THE  FOREGOING,  ALL  PARENT  MEMBERS SHALL BE
ELECTED BY SECRET BALLOT FOR TERMS OF TWO YEARS;
  (IV) THE PRINCIPAL OF THE SCHOOL SHALL BE DESIGNATED A STAFF MEMBER;
  (V) NO FEWER THAN TWO MEMBERS SHALL BE TEACHERS AT THE SCHOOL, WITH AT
LEAST ONE SPECIAL  EDUCATION  TEACHER  WHERE  DESIRABLE,  AND  SHALL  BE
APPOINTED  BY THE LOCAL CHAPTER OF THE UNITED FEDERATION OF TEACHERS FOR
TERMS OF TWO YEARS;
  (VI) WHERE PRACTICAL, ONE MEMBER SHALL BE  A  MEMBER  OF  THE  SPECIAL
SERVICES  STAFF,  REPRESENTING  THE  PARAPROFESSIONALS AND OTHER SPECIAL
PROVIDERS OF SERVICES TO STUDENTS; AND
  (VII) FOR HIGH SCHOOLS, STUDENTS MAY BE MEMBERS, BUT NO MORE THAN  TWO
MEMBERS SHALL BE STUDENTS.
  (E)  SCHOOL-BASED LEADERSHIP TEAMS DEVELOPED PURSUANT TO PARAGRAPH (B)
OF THIS SUBDIVISION SHALL HOLD MONTHLY MEETINGS AND  PROVIDE  NOTICE  OF
SUCH  MEETINGS  AS  IS CONSISTENT WITH THE OPEN MEETINGS LAW. CHILD CARE
SERVICES OR STIPENDS FOR CHILD CARE SERVICES, MADE  AVAILABLE  FROM  THE
SCHOOL'S BUDGET, SHALL BE PROVIDED TO MEMBERS AS NECESSARY TO FACILITATE
MEETINGS  REQUIRING  ATTENDANCE  BY ALL MEMBERS. VOTING AT SUCH MEETINGS
AND IN ALL AFFAIRS OF THE  SCHOOL-BASED  LEADERSHIP  TEAM  SHALL  BE  BY
MAJORITY RULE. EACH MEMBER SHALL POSSESS ONE VOTE.
  (F)  DEVELOPING, IN CONSULTATION WITH THE INDEPENDENT PARENT ORGANIZA-
TION, COMMUNITY DISTRICT EDUCATION COUNCILS, THE  CITY-WIDE  COUNCIL  ON

S. 5739                            26

SPECIAL EDUCATION, THE CITY-WIDE COUNCIL ON HIGH SCHOOLS, DISTRICT PRES-
IDENTS'  COUNCIL  AND THE DISTRICT SUPERINTENDENTS IN THE CITY DISTRICT,
AND IMPLEMENTING NO LATER  THAN  OCTOBER  FIRST,  TWO  THOUSAND  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 CHANCELLOR, THE  CITY  BOARD,  THE  COMMUNITY  SUPERINTENDENTS,  THE
COMMUNITY DISTRICT EDUCATION COUNCILS, AND THE SCHOOLS; AND
  (V)  ACCESS  TO  INFORMATION REGARDING PROGRAMS THAT ALLOW STUDENTS TO
APPLY FOR ADMISSION WHERE APPROPRIATE TO SCHOOLS OUTSIDE A STUDENT'S OWN
ATTENDANCE ZONE.
  30. SELECT A COMMUNITY SUPERINTENDENT FROM A LIST OF THREE  CANDIDATES
RECOMMENDED  BY  THE  APPLICABLE  COMMUNITY  DISTRICT EDUCATION COUNCIL,
BASED UPON COMPLIANCE WITH THE  PROCEDURES  FOR  SELECTION  REQUIRED  BY
SUBDIVISION TWENTY-EIGHT OF THIS SECTION, THE QUALIFICATIONS REQUIRED BY
SUBDIVISION  TWENTY-NINE  OF  THIS  SECTION, AND CONSISTENT WITH A MODEL
CONTRACT DEVELOPED BY THE CHANCELLOR, TAKING  INTO  ACCOUNT  RECOMMENDA-
TIONS  FROM  THE  COMMUNITY  DISTRICT EDUCATION COUNCILS, WHICH CONTRACT
SHALL PROVIDE THAT THE PRIMARY RESPONSIBILITY OF THE  SUPERINTENDENT  IS
TO  OVERSEE AND PROVIDE SUPPORT TO SCHOOLS AND PARENTS WITHIN THE APPLI-
CABLE DISTRICT.
  S 8. Section 2590-h of the education law is amended by  adding  a  new
subdivision 39 to read as follows:
  39.  (A) APPOINT A DEPUTY RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE
INDIVIDUALS WITH DISABILITIES EDUCATION ACT AS CODIFIED IN CHAPTER 33 OF
TITLE TWENTY OF THE UNITED STATES CODE.
  (B) THE DEPUTY SHALL BE AN EDUCATOR WITH AT LEAST THREE YEARS' EXPERI-
ENCE AS A TEACHER, A SCHOOL PSYCHOLOGIST, OR RELATED  SERVICES  PROVIDER
AND  THREE YEARS' EXPERIENCE AS AN ADMINISTRATOR, IN EACH INSTANCE IN AN
URBAN PUBLIC SCHOOL DISTRICT IN THE FIELD  OF  SPECIAL  EDUCATION.  THIS
REQUIREMENT IS NON-WAIVABLE.
  S  9. Subdivision 3 of section 2590-i of the education law is REPEALED
and a new subdivision 3 is added to read as follows:
  3. PROVISIONS FOR TRANSFER OF JURISDICTION OF HIGH SCHOOLS.   PURSUANT
TO  REGULATIONS  OF  THE CHANCELLOR APPROVED BY THE CITY BOARD, ANY HIGH
SCHOOL, OTHER THAN A SPECIAL SENIOR ACADEMIC OR VOCATIONAL  HIGH  SCHOOL
OF  CITY-WIDE  COMPETITIVE  ADMISSION,  SHALL  BE  TRANSFERRED, PROMPTLY
FOLLOWING THE EFFECTIVE DATE OF THIS SECTION, TO THE JURISDICTION OF THE
COMMUNITY DISTRICT IN WHICH IT IS  LOCATED.    THE  CHANCELLOR  AND  THE
SUPERINTENDENT SHALL PROMPTLY TAKE ALL NECESSARY STEPS TO EFFECTUATE THE
TRANSFER.
  S  10.  Section  2590-r  of  the  education  law is REPEALED and a new
section 2590-r is added to read as follows:
  S 2590-R. SCHOOL-BASED BUDGETING AND EXPENDITURE REPORTING. THE  CHAN-
CELLOR SHALL, IN CONSULTATION WITH THE CITY BOARD AND COMMUNITY DISTRICT
SUPERINTENDENTS,  ESTABLISH  IN  REGULATIONS  A COMPREHENSIVE PROCESS OF
SCHOOL-BASED BUDGETING AND EXPENDITURE REPORTING NO LATER THAN  NOVEMBER

S. 5739                            27

FIRST,  TWO  THOUSAND  TEN,  AND  WHICH  SHALL  BE MADE AVAILABLE ON THE
WEBSITE OF THE CITY BOARD.  NOTWITHSTANDING  ANY  PROVISION  OF  SECTION
TWENTY-FIVE HUNDRED NINETY-Q OF THIS ARTICLE TO THE CONTRARY, SUCH REGU-
LATIONS 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  CHAN-
CELLOR,  AFTER  CONSULTATION WITH THE COMMUNITY BOARDS, COMMUNITY SUPER-
INTENDENTS AND THE MAYOR, AND APPROVED BY THE CITY BOARD, SUCH  FORMULAE
SHALL  REFLECT THE RELATIVE EDUCATIONAL NEEDS OF THE COMMUNITY DISTRICTS
AND THEIR SCHOOLS TO THE MAXIMUM EXTENT FEASIBLE;
  2. THE PRINCIPAL OF EACH SCHOOL TO PROPOSE A SCHOOL-BASED  EXPENDITURE
BUDGET,  AFTER SOLICITING INPUT PURSUANT TO SECTIONS TWENTY-FIVE HUNDRED
NINETY-H AND 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 CHANCELLOR, THE AGGREGATION OF THE
PROPOSED SCHOOL-BASED BUDGETS, AS MODIFIED AND APPROVED BY THE COMMUNITY
SUPERINTENDENT, WITH A PROPOSED BUDGET FOR THE ADMINISTRATIVE AND OPERA-
TIONAL EXPENSES OF THE COMMUNITY SUPERINTENDENT AND COMMUNITY BOARD,  AS
DEVELOPED  BY  THE COMMUNITY SUPERINTENDENT, FOR SUBMISSION TO THE CHAN-
CELLOR;
  5. THE CHANCELLOR 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 CHANCELLOR, WITH A PROPOSED  BUDGET  FOR  ADMINISTRATIVE
AND  OPERATIONAL  EXPENDITURES  OF THE CITY BOARD AND THE CHANCELLOR, AS
PREPARED BY THE CHANCELLOR, 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 CHANCELLOR TO MODI-
FY 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-BASED LEADERSHIP TEAMS, PERSONNEL, PARENTS AND OTHER PARTICIPANTS
IN SCHOOL-BASED BUDGETING;

S. 5739                            28

  12.  COMPREHENSIVE  PLANNING  AND  MONITORING  PROCESS  TO PROMOTE THE
IMPLEMENTATION OF SCHOOL-BASED BUDGETING;
  13.  AN ANNUAL UPDATE, TO BE MADE AVAILABLE ON THE WEBSITE OF THE CITY
BOARD, OF A CAPITAL PLAN BY THE  SUPERINTENDENT  WITH  PARTICIPATION  OF
SCHOOL-BASED LEADERSHIP TEAMS, PRINCIPALS, PARENTS AND SCHOOLS, ADDRESS-
ING HEALTH AND SAFETY, MAINTENANCE, CAPACITY AND TECHNOLOGY;
  14.   A   COLLABORATIVE   SCHOOL-BASED   PLANNING   PROCESS  INVOLVING
SCHOOL-BASED LEADERSHIP TEAMS, PARENTS, TEACHERS, OTHER SCHOOL PERSONNEL
AND, WHERE APPROPRIATE, STUDENTS TO  EFFECTUATE  THE  PURPOSES  OF  THIS
SECTION; AND
  15.  THE PROVISION OF ALL NECESSARY FUNDING FOR THE INDEPENDENT PARENT
ORGANIZATION AND PARENT ACADEMY ESTABLISHED PURSUANT TO SECTION  TWENTY-
FIVE  HUNDRED NINETY-T OF THIS ARTICLE, TO BE DRAWN FROM A PERCENTAGE OF
THE STATE EDUCATION BUDGET FOR THE CITY DISTRICT.
  S 11. The education law is amended by adding a new section  2590-t  to
read as follows:
  S  2590-T. ESTABLISHMENT OF THE CITY-WIDE INDEPENDENT PARENT ORGANIZA-
TION AND PARENT ACADEMY. 1. A CITY-WIDE INDEPENDENT PARENT ORGANIZATION,
FUNDED THROUGH A PERCENTAGE OF THE STATE EDUCATION BUDGET FOR  THE  CITY
DISTRICT,  SHALL BE ESTABLISHED. THE CITY-WIDE INDEPENDENT PARENT ORGAN-
IZATION SHALL PERFORM THE FOLLOWING FUNCTIONS:
  (A) PROVIDE PARENTS WITH SUCH ONGOING TRAINING WHICH,  AT  A  MINIMUM,
MAY  BE  REQUIRED  FOR  EXERCISE  OF THEIR PARENTAL RESPONSIBILITIES AND
THEIR FULL PARTICIPATION WITHIN THE CITY  DISTRICT  INCLUDING,  BUT  NOT
LIMITED  TO,  PARTICIPATION  IN  SCHOOL-BASED LEADERSHIP TEAMS DEVELOPED
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE;
  (B) PROVIDE PARENTS WITH THE ADVISORY,  LEGAL  AND  TECHNICAL  SUPPORT
WHICH,  AT  A  MINIMUM,  MAY  BE REQUIRED FOR EXERCISE OF THEIR PARENTAL
RESPONSIBILITIES AND THEIR FULL PARTICIPATION WITHIN THE  CITY  DISTRICT
INCLUDING,  BUT NOT LIMITED TO, PARTICIPATION IN SCHOOL-BASED LEADERSHIP
TEAMS DEVELOPED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS
ARTICLE; AND
  (C) MAINTAIN A PARENT ACADEMY TO DISTRIBUTE SUCH  TRAINING  AND  ADVI-
SORY, LEGAL AND TECHNICAL SUPPORT AS DESCRIBED IN THIS SECTION.
  2.  (A) THE CITY-WIDE INDEPENDENT PARENT ORGANIZATION SHALL BE MANAGED
BY AN EXECUTIVE COMMITTEE, HEREAFTER REFERRED TO AS THE CITY-WIDE EXECU-
TIVE COMMITTEE, WHICH SHALL CONSIST OF TWELVE VOTING MEMBERS  WHO  SHALL
BE PARENTS OF STUDENTS CURRENTLY ENROLLED IN THE CITY DISTRICT.
  (B)  MEMBERS OF THE CITY-WIDE EXECUTIVE COMMITTEE SHALL BE SELECTED BY
SECRET BALLOT BY PARENTS OF STUDENTS  CURRENTLY  ENROLLED  IN  THE  CITY
DISTRICT, PURSUANT TO THE BYLAWS OF THE INDEPENDENT PARENT ORGANIZATION.
SUCH  PROCESS  SHALL  INCORPORATE  PROCEDURES  NECESSARY  TO REFLECT THE
MULTICULTURAL, GEOGRAPHIC AND SOCIOECONOMIC DIVERSITY OF  THE  CITY-WIDE
STUDENT POPULATION.  MEMBERS OF THE EXECUTIVE COMMITTEE SHALL BE ELECTED
AND SERVE FOR STAGGERED THREE-YEAR TERMS.  TERMS SHALL BE STAGGERED SUCH
THAT DURING EACH SUBSEQUENT NEW YORK CITY GENERAL ELECTION, FOUR MEMBERS
OF  THE  EXECUTIVE  COMMITTEE  SHALL BE ELECTED.   TWELVE MEMBERS OF THE
EXECUTIVE COMMITTEE SHALL BE ELECTED IN  TWO  THOUSAND  NINE.  OF  THOSE
ELECTED, THE FOUR MEMBERS WITH THE HIGHEST IN NUMBER OF VOTES SHALL EACH
HAVE  THREE-YEAR  TERMS,  THE  FOUR MEMBERS WITH THE LOWEST IN NUMBER OF
VOTES SHALL EACH HAVE ONE-YEAR TERMS, AND  THE  REMAINING  FOUR  MEMBERS
SHALL EACH SERVE FOR TWO-YEAR TERMS.
  (C) THE EXECUTIVE COMMITTEE OF THE CITY-WIDE INDEPENDENT PARENT ORGAN-
IZATION SHALL HAVE THE POWER TO:
  (1)  EMPLOY AND SUPERVISE PROFESSIONAL STAFF TO ADMINISTRATE AND TRAIN
PARENTS IN THE PARENT ACADEMY CREATED PURSUANT TO THIS SECTION;

S. 5739                            29

  (2) CREATE A BUDGET FOR THE CITY-WIDE INDEPENDENT PARENT  ORGANIZATION
AND THE PARENT ACADEMY CREATED PURSUANT TO THIS SECTION;
  (3) DISTRIBUTE FUNDS FOR THE CITY-WIDE INDEPENDENT PARENT ORGANIZATION
AND THE PARENT ACADEMY CREATED PURSUANT TO THIS SECTION;
  (4)  ADVISE AND COMMENT ON THE PROCESS OF ESTABLISHING CHAPTERS OF THE
INDEPENDENT PARENT ORGANIZATION IN COMMUNITY SCHOOL DISTRICTS AND  INDI-
VIDUAL NEW YORK CITY PUBLIC SCHOOLS;
  (5)  HOLD AT LEAST ONE MEETING PER MONTH OPEN TO THE PUBLIC AND DURING
WHICH THE PUBLIC MAY DISCUSS ISSUES FACING STUDENTS IN THE NEW YORK CITY
PUBLIC SCHOOL SYSTEM; AND
  (6) ESTABLISH RULES AND REGULATIONS FOR THE ORGANIZATION AND FUNCTION-
ING OF LOCAL CHAPTERS OF THE INDEPENDENT PARENT ORGANIZATION ESTABLISHED
PURSUANT TO THIS SECTION.
  (D) MEMBERS OF THE CITY-WIDE EXECUTIVE COMMITTEE SHALL NOT BE  PAID  A
SALARY  OR STIPEND, BUT SHALL BE REIMBURSED FOR ALL ACTUAL AND NECESSARY
EXPENSES DIRECTLY RELATED TO THE  DUTIES  AND  RESPONSIBILITIES  OF  THE
CITY-WIDE COUNCIL ON HIGH SCHOOLS.
  (E) THE EXECUTIVE COMMITTEE OF THE CITY-WIDE INDEPENDENT PARENT ORGAN-
IZATION  MAY  APPOINT  A SECRETARY, PURSUANT TO THE POLICIES OF THE CITY
BOARD WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
  (1) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (2) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS  AND  OTHER  EXECUTIVE
COMMITTEE MEETINGS; AND
  (3) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATERI-
ALS FOR SUCH MEETINGS.
  THE  EXECUTIVE  COMMITTEE  SHALL  BE  RESPONSIBLE FOR THE APPOINTMENT,
SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (F) NO PERSON MAY SERVE ON BOTH THE CITY-WIDE EXECUTIVE COMMITTEE  AND
A COMMUNITY DISTRICT EDUCATION COUNCIL. A MEMBER OF THE CITY-WIDE EXECU-
TIVE  COMMITTEE  SHALL BE INELIGIBLE TO BE EMPLOYED BY SUCH COUNCIL, ANY
COMMUNITY DISTRICT EDUCATION COUNCIL, OR THE CITY BOARD. NO PERSON SHALL
BE ELIGIBLE FOR MEMBERSHIP ON THE EXECUTIVE COMMITTEE OF  THE  CITY-WIDE
INDEPENDENT  PARENT  ORGANIZATION IF HE OR SHE HOLDS ANY ELECTIVE PUBLIC
OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF  DELE-
GATE OR ALTERNATE DELEGATE TO A NATIONAL, STATE, JUDICIAL OR OTHER PARTY
CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.
  3.  (A)  THE  CITY-WIDE INDEPENDENT PARENT ORGANIZATION MAY BE REPRES-
ENTED LOCALLY BY CHAPTERS FOR EACH SCHOOL IN THE CITY  DISTRICT,  FORMED
BY  PARENTS  AT  THE  SCHOOL.  SUCH CHAPTERS MAY BE FORMED FROM EXISTING
PARENT ASSOCIATIONS CREATED  PURSUANT  TO  SECTION  TWENTY-FIVE  HUNDRED
NINETY-H  OF  THIS  ARTICLE OR MAY BE FORMED INDEPENDENTLY BY INDIVIDUAL
PARENTS.
  (B) EVERY PARENT IN THE SCHOOL REPRESENTED BY A LOCAL CHAPTER  OF  THE
INDEPENDENT  PARENT  ORGANIZATION  SHALL HAVE AN EQUAL VOTE IN THE CHAP-
TER'S DECISION-MAKING PROCESS.
  (C) LOCAL CHAPTERS OF THE INDEPENDENT PARENT ORGANIZATION  SHALL  HAVE
AN  EXECUTIVE  COMMITTEE  RESPONSIBLE FOR ENCOURAGING PARENTS TO DEVELOP
PARENTING AND GOVERNING SKILLS IN THE PARENT ACADEMY.
  (D) FORMATION OF A LOCAL CHAPTER OF THE INDEPENDENT  PARENT  ORGANIZA-
TION SHALL ENTITLE PARENTS IN THE RESPECTIVE SCHOOL TO ACCESS THE PARENT
ACADEMY ESTABLISHED PURSUANT TO THIS SECTION.
  4.  (A)  A PARENT ACADEMY SHALL BE CREATED PURSUANT TO THIS SECTION TO
DISTRIBUTE SUCH TRAINING AND ADVISORY, LEGAL AND  TECHNICAL  SUPPORT  AS
DESCRIBED IN THIS SECTION AND AS REQUIRED TO EFFECTUATE.
  (B)  THE  PARENT  ACADEMY  SHALL HAVE LOCAL BRANCHES DEDICATED TO EACH
COMMUNITY DISTRICT.

S. 5739                            30

  S 12. The education law is amended by adding a new section  2590-u  to
read as follows:
  S  2590-U.    COMPREHENSIVE EDUCATION PLANS AND DISTRICT COMPREHENSIVE
EDUCATION PLANS. 1.  (A) IN ACCORDANCE WITH THE REGULATIONS OF THE CHAN-
CELLOR AND THE COMMISSIONER, EACH SCHOOL LEADERSHIP TEAM  SHALL  PREPARE
AN ANNUAL COMPREHENSIVE EDUCATION PLAN.
  (B)  EACH  DISTRICT  MANAGEMENT  TEAM  SHALL  REVIEW THE COMPREHENSIVE
EDUCATION PLANS WITH RESPECT TO SCHOOLS  LOCATED  IN  ITS  DISTRICT  AND
SHALL  INCORPORATE AND REFLECT THE CONTENTS OF SUCH COMPREHENSIVE EDUCA-
TION PLANS INTO THE DISTRICT COMPREHENSIVE EDUCATION PLAN.
  2. EACH DISTRICT COMPREHENSIVE EDUCATION PLAN SHALL BE PREPARED BY THE
DISTRICT MANAGEMENT TEAM IN CONSULTATION WITH THE  DISTRICT  PRESIDENTS'
COUNCIL  OR  OTHER  CONSULTATIVE BODY REPRESENTING PARENTS' ASSOCIATIONS
AND OTHER EDUCATIONAL GROUPS WITHIN THE DISTRICT, AND SHALL BE COMPLETED
WITHIN NINETY DAYS FOLLOWING THE SUBMISSION OF THE  RELEVANT  COMPREHEN-
SIVE EDUCATION PLANS FOR SUCH DISTRICT.
  S  13.  The education law is amended by adding a new section 2590-v to
read as follows:
  S 2590-V. INDEPENDENT ACCOUNTABILITY  OFFICE.    1.    AN  INDEPENDENT
ACCOUNTABILITY  OFFICE, STAFFED BY EXPERTS ON TESTING AND STATISTICS AND
FUNDED THROUGH A PERCENTAGE OF THE STATE EDUCATION BUDGET FOR  THE  CITY
DISTRICT, SHALL BE ESTABLISHED AND HAVE THE POWER AND DUTY TO:
  (A)  ACCESS  ALL  PERTINENT  DATA  FROM THE ADMINISTRATION OF THE CITY
DISTRICT, INCLUDING TEST SCORES AND GRADUATION RATES, AUDIT  REPORTS  ON
EDUCATIONAL STATISTICS, AND PRODUCE THESE ON A REGULAR BASIS TO THE CITY
BOARD AND THE PUBLIC.
  (B)  REVIEW CONTRACTS WITH THIRD-PARTY VENDORS FOR ASSESSMENT AND DATA
COLLECTION IN THIS AREA, AND MAKE  RECOMMENDATIONS  TO  THE  CITY  BOARD
REGARDING RENEWAL OR REPLACEMENT OF CONTRACTS AND THIRD-PARTY VENDORS.
  (C) WORK WITH AN ADVISORY BOARD, WHICH SHALL REPRESENT PARENTS, TEACH-
ERS, PRINCIPALS, AND COMMUNITY MEMBERS.
  (D)  BE  REPRESENTED BY THE DIRECTOR OF THE INDEPENDENT ACCOUNTABILITY
OFFICE AT ALL CITY BOARD MEETINGS TO ANSWER QUESTIONS  FROM  THE  PUBLIC
AND MEMBERS OF THE CITY BOARD.
  2.  AN OFFICE OF THE INSPECTOR GENERAL SHALL BE ESTABLISHED AND FUNDED
THROUGH A  PERCENTAGE  OF  THE  STATE  EDUCATION  BUDGET  FOR  THE  CITY
DISTRICT.  THE  INSPECTOR  GENERAL  SHALL  BE  APPOINTED  JOINTLY BY ALL
DISTRICT ATTORNEYS FROM THE FIVE BOROUGHS OF THE CITY OF NEW YORK FOR  A
FIXED  FOUR-YEAR  TERM.  THE  INSPECTOR GENERAL SHALL HAVE THE POWER AND
DUTY TO:
  (A) INVESTIGATE THE CENTRAL ADMINISTRATION AND SCHOOL EMPLOYEES OF THE
CITY DISTRICT FOR ANY MISMANAGEMENT OR MALFEASANCE.
  (B) REFER CASES FOR ENFORCEMENT TO THE ATTORNEY GENERAL OF  THE  STATE
OF NEW YORK OR ANY DISTRICT ATTORNEY OF THE CITY OF NEW YORK.
  (C)  RELEASE ALL REPORTS OF SUBSTANTIATED CASES UNREDACTED TO THE CITY
BOARD.
  (D) RELEASE ALL REPORTS OF SUBSTANTIATED CASES  TO  THE  PUBLIC,  WITH
PORTIONS REDACTED TO THE EXTENT REQUIRED BY THE LAW.
  (E)  ISSUE  REPORTS  TO  THE PUBLIC ON THE REASONS OR CAUSES FOR DELAY
WITH RESPECT TO ALL CASES STILL UNDER  INVESTIGATION  AFTER  SIX  MONTHS
WITHOUT RESOLUTION.
  (F) ISSUE AN ANNUAL REPORT TO THE PUBLIC OF ACTIVITIES AND RECOMMENDA-
TIONS  FOR  IMPROVEMENTS,  TO  WHICH THE CITY BOARD AND CHANCELLOR SHALL
RESPOND IN WRITING.
  (G) ATTEND ALL MEETINGS OF THE CITY BOARD TO RESPOND TO QUESTIONS FROM
THE PUBLIC AND MEMBERS OF THE CITY BOARD.

S. 5739                            31

  3. AN INDEPENDENT OFFICE OF THE OMBUDSPERSON SHALL BE ESTABLISHED  AND
FUNDED  THROUGH  A PERCENTAGE OF THE STATE EDUCATION BUDGET FOR THE CITY
DISTRICT. THE OMBUDSPERSON SHALL BE NOMINATED BY THE PUBLIC ADVOCATE  OF
THE  CITY  OF  NEW  YORK  AND  APPOINTED  BY  THE CITY BOARD FOR A FIXED
FOUR-YEAR TERM. THE OMBUDSPERSON SHALL HAVE THE POWER AND DUTY TO:
  (A)  MAKE  RECOMMENDATIONS  TO  ADDRESS  THE  COMPLAINTS OF INDIVIDUAL
PARENTS THAT CANNOT BE RESOLVED AT THE COMMUNITY DISTRICT LEVEL, INCLUD-
ING THOSE INVOLVING PRESIDENT COUNCILS AND COMMUNITY DISTRICT  EDUCATION
COUNCILS.
  (B)  SERVE  AS  THE  APPEALS OFFICER FOR REQUESTS UNDER THE FREEDOM OF
INFORMATION ACT.
  (C) REPORT TWICE A YEAR TO THE CITY BOARD ON HIS OR HER ACTIVITIES AND
PROVIDE RECOMMENDATIONS FOR IMPROVEMENTS IN POLICIES OR PROCEDURES.
  (D) ATTEND ALL MEETINGS OF THE CITY BOARD TO RESPOND TO QUESTIONS FROM
THE PUBLIC AND MEMBERS OF THE CITY BOARD.
  4. THE CITY DISTRICT'S FINANCES SHALL BE UNDER THE JURISDICTION OF THE
COMPTROLLER OF THE CITY OF NEW YORK.  THE  COMPTROLLER  SHALL  HAVE  THE
FOLLOWING  POWERS AND DUTIES IN ADDITION TO HIS OR HER POWERS AND DUTIES
AS PROVIDED ELSEWHERE BY LAW:
  (A) MEET REGULARLY WITH THE CENTRAL  ADMINISTRATION'S  FINANCE  STAFF,
FROM WHOM THE COMPTROLLER SHALL RECEIVE FULL ACCESS TO FINANCIAL RECORDS
AND DATA.
  (B)  AUDIT  ANY  PAYMENTS  MADE  BY  ANY  CITY DISTRICT SCHOOL OR CITY
DISTRICT ENTITY TO CONTRACTORS.
  (C) MAY MAKE RECOMMENDATIONS TO THE CITY BOARD  REGARDING  THE  TERMI-
NATION OF WASTEFUL CONTRACTS.
  (D)  REQUIRE DOCUMENTATION OF CENTRAL ADMINISTRATION EXPENDITURES THAT
ARE SHIFTED TO THE SCHOOL LEVEL.
  (E) REQUIRE THE CENTRAL ADMINISTRATION TO ISSUE SCHOOL-BASED  EXPENDI-
TURE REPORTS.
  5.  THE INDEPENDENT BUDGET OFFICE, IN ADDITION TO ITS OTHER POWERS AND
DUTIES AS PROVIDED ELSEWHERE BY LAW, SHALL HAVE THE POWER  AND  DUTY  TO
MEET  REGULARLY  WITH  THE  CENTRAL ADMINISTRATION'S FINANCE STAFF, FROM
WHOM THE INDEPENDENT BUDGET OFFICE SHALL RECEIVE FULL ACCESS  TO  FINAN-
CIAL  RECORDS  AND  DATA,  AND  SHALL HAVE THE POWER AND DUTY TO ANALYZE
SPENDING PRACTICES WITH RESPECT TO EDUCATIONAL POLICIES.
  S 14. The education law is amended by adding a new section  2590-w  to
read as follows:
  S  2590-W.  COMMISSION  ON PUBLIC EDUCATION. 1. THERE IS HEREBY ESTAB-
LISHED A COMMISSION ON PUBLIC EDUCATION SET TO (A) ESTABLISH BROAD-BASED
COMMUNITY CONSENSUS ON THE  FUTURE,  MISSION,  CORE  PRINCIPLES,  GOALS,
ACCOUNTABILITIES  AND  POLICY FRAMEWORK FOR PUBLIC PRIMARY AND SECONDARY
EDUCATION IN NEW YORK CITY; AND (B) DRAFT A CONSTITUTION  BASED  ON  THE
FOREGOING  WHICH  WILL  BE  CODIFIED BY THE STATE AND NEW YORK CITY, AND
WILL BECOME THE FOUNDATION OF AN ANNUAL COMPREHENSIVE  EDUCATIONAL  PLAN
AND  BUDGET  PROCESS  BY WHICH THE PUBLIC SCHOOL DISTRICT OF THE CITY OF
NEW YORK WILL BE MANAGED BY THE CIVIL SERVANTS CHARGED  TO  DO  SO,  AND
WHICH  WILL (1) GUARANTEE EVERY CHILD'S RIGHT TO AN EXCELLENT EDUCATION,
DISTRIBUTE RESOURCES EQUITABLY ACCORDING TO STUDENT NEEDS AND THE  NEEDS
OF  THE  COMMUNITIES  SERVED,  PROMOTE  CURRICULA  AND  PEDAGOGIES WHICH
ENCOURAGE PROBLEM-SOLVING, CRITICAL AND CREATIVE THINKING,  REFLECT  AND
BUILD  UPON  THE HISTORIES, CULTURES, INTERESTS, LANGUAGES, CAPABILITIES
AND SPECIAL NEEDS OF EACH STUDENT, AND ASSESS  EDUCATIONAL  QUALITY  AND
STUDENT  ACHIEVEMENT  IN MULTIPLE AND AUTHENTIC WAYS; AND (2) ASSURE THE
PARTICIPATION OF PARENTS, STUDENTS, TEACHERS, ADMINISTRATORS AND  COMMU-
NITY  MEMBERS  AND RESOURCES IN DEVELOPING AND IMPLEMENTING THESE GOALS;

S. 5739                            32

AND (3) DEVELOP INTERACTIVE  PARTNERSHIPS  WITH  COMMUNITY-BASED  GROUPS
WHICH  SUPPORT  THE  EDUCATION, DEVELOPMENT, AND CIVIC RESPONSIBILITY OF
CHILDREN, AND THE WELL-BEING OF THEIR FAMILIES AND THEIR COMMUNITIES.
  2.  THE COMMISSION SHALL SUBMIT THE DRAFT CONSTITUTION REQUIRED PURSU-
ANT TO SUBDIVISION ONE OF THIS SECTION TO THE LEGISLATURE BY  JUNE,  TWO
THOUSAND TEN. THE CONSTITUTION SHALL BE THE BASIS FOR ALL LAWS AND REGU-
LATIONS  ENACTED  BY THE STATE LEGISLATURE, THE NEW YORK CITY CHANCELLOR
OF EDUCATION, AND THE NEW YORK CITY COUNCIL, AMONG  OTHER  AGENCIES  AND
BODIES,  AS THEY PERTAIN TO THE GOVERNANCE OF PUBLIC PRIMARY AND SECOND-
ARY EDUCATION IN NEW YORK CITY.
  3. THE COMMISSION MAY CONSULT WITH SUCH SPECIALISTS IN  THE  FIELD  OF
PUBLIC  EDUCATION, MANAGEMENT, AND GOVERNANCE AS IT CHOOSES. THE COMMIS-
SION SHALL DRAFT A CONSTITUTION THAT ARTICULATES A BROAD-BASED COMMUNITY
CONSENSUS ON THE FUTURE, MISSION, CORE PRINCIPLES,  GOALS,  ACCOUNTABIL-
ITIES AND POLICY FRAMEWORK FOR PUBLIC PRIMARY AND SECONDARY EDUCATION IN
NEW  YORK  CITY, AND WHICH PROMISES TRANSPARENCY, SYSTEMATIC CONSTITUENT
INVOLVEMENT IN  DECISION-MAKING,  HIGH  LEVELS  OF  STUDENT  ACHIEVEMENT
ACROSS ALL SUBJECT AREAS, AND HIGH LEVELS OF PARENT, STUDENT AND EMPLOY-
EE INVOLVEMENT AND SATISFACTION.
  4.  COMMISSION  MEMBERS  SHALL  SERVE AT THE PLEASURE OF THE SELECTION
COMMITTEE. THE SELECTION COMMITTEE SHALL BE APPOINTED  AS  FOLLOWS:  ONE
EDUCATION EXPERT OR ADVOCATE SHALL BE APPOINTED BY EACH OF THE GOVERNOR,
THE MAYOR OF THE CITY OF NEW YORK, AND EACH OF THE CHAIRS OF THE SENATE,
ASSEMBLY, AND CITY COUNCIL EDUCATION COMMITTEES. THE SELECTION COMMITTEE
SHALL  EMPANEL A COMMISSION OF FIFTY TO SIXTY MEMBERS THAT (A) GENUINELY
REFLECTS THE DIVERSE COMPOSITION OF THE PUBLIC SCHOOL COMMUNITIES WITHIN
ALL FIVE BOROUGHS OF NEW YORK CITY, ESPECIALLY WITH RESPECT TO SOCIOECO-
NOMIC STATUS, RACE, GENDER, LANGUAGE,  NATIONAL  ORIGIN  AND  DISABILITY
STATUS;  AND  (B) IS COMPOSED OF A MAJORITY OF MEMBERS WHO REPRESENT THE
INTERESTS OF PARENTS, STUDENTS, TEACHERS, ADMINISTRATORS, AND  COMMUNITY
MEMBERS  IN THE DEVELOPMENT OF THE CONSTITUTION. THE SELECTION COMMITTEE
SHALL ADVISE AND CONSULT WITH THE COMMISSION CONCERNING  THE  MEANS  FOR
ESTABLISHING  A  BROAD-BASED COMMUNITY CONSENSUS ON THE FUTURE, MISSION,
CORE PRINCIPLES, GOALS, ACCOUNTABILITIES AND POLICY FRAMEWORK FOR PUBLIC
PRIMARY AND SECONDARY EDUCATION IN NEW YORK CITY. THE SELECTION  COMMIT-
TEE MAY ADVISE AND CONSULT WITH THE COMMISSION DURING THE DRAFTING PROC-
ESS.
  5.  THE  COMMISSION  IS  HEREBY AUTHORIZED TO RECEIVE FINANCIAL AND IN
KIND SUPPORT FROM CHARITABLE FOUNDATIONS, ON BEHALF OF THE STATE OF  NEW
YORK.    MONEYS  APPROPRIATED  BY  THE STATE SHALL BE USED TO FACILITATE
TRAINING OF THE  COMMISSION  MEMBERS  IN  COLLABORATIVE  DECISION-MAKING
PROCESSES,  FOR  MEMBER  REIMBURSEMENT OF ACTUAL AND NECESSARY EXPENSES,
AND FOR TRANSLATION SERVICES. IN ADDITION, ANY FUNDS APPROPRIATED  SHALL
PAY  FOR  TWO  STAFF MEMBERS WHO SHALL FACILITATE THE COMMISSION'S WORK,
AND SHALL PAY CONSULTANCY FEES AS NEEDED AND APPROVED BY  THE  SELECTION
COMMITTEE.
  6.  THE  COMMISSION'S MEETINGS SHALL BE PUBLICLY NOTICED, AT LEAST TEN
DAYS IN ADVANCE, AND SHALL BE OPEN TO THE PUBLIC. THE  COMMISSION  SHALL
HAVE  THE  OPTION,  BUT  NOT THE OBLIGATION, TO SCHEDULE TIME FOR PUBLIC
COMMENT, AND THAT DECISION SHALL BE NOTICED IN THE COMMISSION'S  MEETING
NOTICE. COMMISSION MEETINGS SHALL BE HELD AT NEW YORK CITY DEPARTMENT OF
EDUCATION SCHOOLS IN ALL FIVE BOROUGHS, AT NO EXPENSE TO THE COMMISSION.
THE  NEW YORK CITY BOARD OF EDUCATION SHALL FACILITATE SUCH MEETINGS, BY
MAKING APPROPRIATE SPACE AND FURNITURE AVAILABLE, AND BY  PROVIDING  ANY
NEEDED  SITE  SUPERVISION PERSONNEL. THE COMMISSION MAY MEET AS A WHOLE,
AND IN BOROUGH OR OTHER SUBCOMMITTEES AT ITS DISCRETION. MEETING MINUTES

S. 5739                            33

SHALL BE KEPT FOR ALL MEETINGS, AND  SHALL  BE  MADE  AVAILABLE  TO  THE
PUBLIC, ON A WEBSITE TO BE DEVELOPED BY THE COMMISSION. CONTEMPORANEOUS-
LY WITH THE SUBMISSION TO THE LEGISLATURE OF THE DRAFT CONSTITUTION, THE
COMMISSION  SHALL REPORT TO THE LEGISLATURE THAT ITS RECOMMENDATIONS ARE
BASED ON A BROAD-BASED COMMUNITY CONSENSUS AND SHALL SPECIFY  THE  MEANS
THROUGH WHICH SUCH CONSENSUS WAS ESTABLISHED.
  S 15. The sum of eighty thousand dollars ($80,000), or so much thereof
as  may be necessary, is hereby appropriated to the commission on public
education out of any moneys in the state treasury in the  general  fund,
not  otherwise  appropriated,  and  made  immediately available, for the
purpose of carrying out the provisions of this act. Such moneys shall be
payable on the audit and warrant of the comptroller on  vouchers  certi-
fied  or  approved  by  the New York city chancellor of education in the
manner prescribed by law.
  S 16. This act shall take effect immediately and shall expire June 30,
2015 when upon such date the provisions of  this  act  shall  be  deemed
repealed;  provided,  that notwithstanding any provision of article 5 of
the general construction law, on June 30, 2015 the provisions of section
2590-b of the education law as repealed by  section  two  of  this  act,
section 2590-c of the education law as repealed by section three of this
act,  section 2590-e of the education law as repealed by section four of
this act, section 2590-f of the education law  as  repealed  by  section
five  of  this  act,  section 2590-g of the education law as repealed by
section six of this act, the opening paragraph, paragraph (a) of  subdi-
vision  1  and subdivisions 15 and 30 of section 2590-h of the education
law as repealed by section seven of this act, subdivision 3  of  section
2590-i  of the education law as repealed by section nine of this act and
section 2590-r of the education law as repealed by section ten  of  this
act  shall  be  revived and be read as such provisions existed in law on
the date immediately preceding the effective date of this act.