S T A T E   O F   N E W   Y O R K
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                                   126

                     Fifteenth Extraordinary Session

                            I N  S E N A T E

                              July 2, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend the education law, in relation  to  the  New  York  city
  board  of  education,  chancellor,  community  councils  and community
  superintendents; to amend chapter 738 of the laws  of  1988,  amending
  the  administrative  code of the city of New York, the public authori-
  ties law  and  other  laws  relating  to  the  New  York  city  school
  construction authority, in relation to extending certain provisions of
  such  chapter relating to certain contracts of the authority; to amend
  the  public  authorities  law,  in  relation  to   extending   certain
  provisions;  to  amend  chapter  91  of  the laws of 2002 amending the
  education law and other laws relating to the reorganization of the New
  York city school construction authority, board of education and commu-
  nity boards, in relation to extending certain provisions of such chap-
  ter; and providing for the repeal of certain provisions of the  educa-
  tion law relating thereto

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

  Section 1. Section 2590-b of the education law, as  added  by  chapter
330  of  the  laws  of  1969,  the  section heading and subdivision 2 as
amended and subdivision 4 as added by chapter 123 of the laws  of  2003,
subdivision 1 as added by chapter 91 of the laws of 2002 and subdivision
3  as  amended by chapter 727 of the laws of 1994, is amended to read as
follows:
  S 2590-b. Continuation of city board and  establishment  of  community
districts; establishment of the city-wide [council on special education]
COUNCILS  ON  SPECIAL  EDUCATION,  ENGLISH  LANGUAGE  LEARNERS, AND 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 thirteen APPOINTED members: one member  to  be  appointed  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12138-01-9
              

S. 126                              2

each  borough  president  of  the  city  of  New York; [seven] AND EIGHT
members to be appointed by the mayor of   the   city of New  York[;  and
the].  THE chancellor SHALL SERVE AS AN EX-OFFICIO NON-VOTING  MEMBER OF
THE  CITY  BOARD.  [The chancellor shall serve as the chairperson of the
city board.] THE CITY BOARD SHALL ELECT ITS OWN CHAIRPERSON  FROM  AMONG
ITS  VOTING MEMBERS. All [twelve] THIRTEEN appointed members shall serve
at the pleasure of the appointing authority and shall not be employed in
any capacity by the city of New York, or a subdivision thereof,  or  the
city  board.  NO  APPOINTED  MEMBER  OF  THE  CITY BOARD SHALL ALSO BE A
MEMBER, OFFICER, OR EMPLOYEE OF ANY PUBLIC  CORPORATION,  AUTHORITY,  OR
COMMISSION WHERE THE MAYOR OF THE CITY OF NEW YORK HAS A MAJORITY OF THE
APPOINTMENTS.  Each borough president's appointee shall be a resident of
the borough for which the borough president appointing him  or  her  was
elected  and  shall  be  the parent of a child attending a public school
within the city school district of the city of New  York.  Each  mayoral
appointee  shall be a resident of the city AND TWO SHALL BE PARENTS OF A
CHILD ATTENDING A PUBLIC SCHOOL WITHIN THE  CITY  DISTRICT.  ALL  PARENT
MEMBERS SHALL BE ELIGIBLE TO CONTINUE TO SERVE ON THE CITY BOARD FOR TWO
YEARS  FOLLOWING  THE CONCLUSION OF THEIR CHILD'S ATTENDANCE AT A PUBLIC
SCHOOL WITHIN THE CITY DISTRICT. Any vacancy shall be filled by appoint-
ment by the appropriate appointing authority WITHIN NINETY DAYS OF  SUCH
VACANCY.  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 city board shall hold at least  [twelve]  ONE  REGULAR  PUBLIC
[meetings]  MEETING per MONTH. AT LEAST ONE REGULAR PUBLIC MEETING SHALL
BE HELD IN EACH BOROUGH OF THE CITY OF NEW YORK PER year; any additional
meetings may be called at the request of the  [chancellor]  CHAIRPERSON.
THE  CITY  BOARD  SHALL  CONSIDER APPROPRIATE PUBLIC ACCOMMODATIONS WHEN
SELECTING A VENUE SO AS TO MAXIMIZE PARTICIPATION  BY  PARENTS  AND  THE
COMMUNITY.
  (C)  (I) NOTICE OF THE TIME, PLACE AND AGENDA FOR ALL CITY BOARD REGU-
LAR PUBLIC MEETINGS SHALL BE PUBLICLY PROVIDED, INCLUDING VIA  THE  CITY
BOARD'S  OFFICIAL  INTERNET WEB SITE, AND SPECIFICALLY CIRCULATED TO ALL
COMMUNITY SUPERINTENDENTS, COMMUNITY DISTRICT EDUCATION COUNCILS, COMMU-
NITY BOARDS, AND SCHOOL BASED MANAGEMENT TEAMS, AT  LEAST  TEN  BUSINESS
DAYS IN ADVANCE OF SUCH MEETING.
  (II)  A CITY BOARD REGULAR PUBLIC MEETING AGENDA SHALL BE COMPRISED OF
A LIST AND BRIEF DESCRIPTION OF THE  SUBJECT  MATTER  BEING  CONSIDERED,
IDENTIFICATION  OF ALL ITEMS SUBJECT TO A CITY BOARD VOTE, AND THE NAME,
OFFICE, ADDRESS, EMAIL ADDRESS AND TELEPHONE NUMBER OF A  CITY  DISTRICT
REPRESENTATIVE,  KNOWLEDGEABLE  ON THE AGENDA, FROM WHOM ANY INFORMATION
MAY BE OBTAINED AND TO WHOM WRITTEN COMMENTS MAY BE SUBMITTED CONCERNING
ITEMS ON SUCH AGENDA.
  (D) THE CHAIRPERSON OF THE CITY BOARD SHALL ENSURE THAT AT EVERY REGU-
LAR PUBLIC MEETING THERE IS A SUFFICIENT PERIOD OF  TIME  TO  ALLOW  FOR
PUBLIC COMMENT ON ANY TOPIC ON THE AGENDA PRIOR TO ANY CITY BOARD VOTE.
  (E)  MINUTES  OF  ALL CITY BOARD REGULAR PUBLIC MEETINGS SHALL BE MADE
PUBLICLY AVAILABLE, INCLUDING VIA THE  CITY  BOARD'S  OFFICIAL  INTERNET
WEBSITE,  IN  A  TIMELY  MANNER BUT NO LATER THAN THE SUBSEQUENT REGULAR
CITY BOARD MEETING.
  2. (a) There shall be a community council for each community  district
created pursuant to this article.

S. 126                              3

  (b) The city board shall define, adjust, alter, maintain and adopt the
boundaries  of the community districts pursuant to this chapter no later
than February first, nineteen hundred ninety-five.  There  shall  be  no
less 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, commencing  with  the  year  two  thousand
four. The city board in conjunction with the chancellor and the communi-
ty  council  representatives,  shall  prepare  and make public a plan to
ensure the smooth transition of pupils and school personnel, creation of
new boards, and allocation of school facilities and resources among  the
districts  established  pursuant  to  paragraph (b) of this subdivision.
Prior to the adoption of the transition plan, 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 council represen-
tatives, 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 herein.
  (b)  The study group shall prepare a report containing recommendations
for  dividing  the  city  into  no  more  than  thirty-seven   community
districts.
  (c)  In  preparation of its recommendations for dividing the city into
community districts, the study group shall ensure that  the  recommenda-
tions  provide  for  the most effective delivery of educational services
and shall be guided by the following criteria:
  (1) each community district shall: (i) be a suitable  size  for  effi-
cient  policy-making  and economic management; (ii) contain a reasonable
number of pupils; (iii) be  compact  and  contiguous,  contained  within
county  lines,  and to the maximum extent possible, keep intact communi-
ties and  neighborhoods;  and  (iv)  bear  a  rational  relationship  to
geographic  areas  for  which  the  city  of New York plans and provides
services;
  (2) to the extent possible, keep existing lines intact;
  (3) the common and special education  needs  of  the  communities  and
school children involved;
  (4) effective utilization of existing and planned school facilities;
  (5)  minimum disruption of existing and planned elementary school-jun-
ior high/middle school-high school feeder patterns;
  (6) transportation facilities;
  (7) additional administrative costs involved in the creation  of  such
new districts; and
  (8)  ensure  fair  and effective representation of racial and language
groups pursuant to the Voting Rights Act of 1965, as amended;
  (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.

S. 126                              4

  (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, nineteen hundred ninety-four.
  (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, nineteen hundred ninety-five to take effect
July first, nineteen hundred  ninety-six,  provided  that  such  revised
boundaries  adopted  by the city board pursuant to this chapter shall be
used for purposes of community school board elections to be held on  the
first Tuesday in May, nineteen hundred ninety-six.
  (f) Provided, however, that the city board may make minor adjustments,
(i)  to  correct  errors that may occur in the district lines adopted by
the city board, or (ii) 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 four.
  (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.
  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 one non-voting member, as
follows:
  (1) nine voting members who shall be parents of students [who  receive
services  pursuant to article eighty-nine of this chapter] WITH INDIVID-
UALIZED EDUCATION PROGRAMS, to be selected by parents of  students  [who
receive  such  services] WITH INDIVIDUALIZED EDUCATION PROGRAMS pursuant
to a representative process developed by the  chancellor.  Such  members
shall serve a two year term;
  (2) two voting members appointed by the public advocate of the city of
New  York,  who shall be individuals 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  members  shall
serve a two year term; and
  (3)  one  non-voting  member  who  is  a high school senior [receiving
services pursuant to article eighty-nine of this chapter] WITH AN  INDI-
VIDUALIZED  EDUCATION PROGRAM, appointed by the administrator designated
by the chancellor to supervise [city-wide] special  education  programs.
Such member 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

S. 126                              5

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] FOR STUDENTS WITH DISABILITIES;
  (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) issue an annual report on the effectiveness of the  city  district
in  providing services [pursuant to article eighty-nine of this chapter]
TO STUDENTS WITH DISABILITIES and making recommendations,  as  appropri-
ate, on how to improve the efficiency and delivery of such services; and
  (4)  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 educa-
tion  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 coun-
cil on special education 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 conven-
tion, or member of a county committee.
  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.
  f. (1) In addition to the conditions enumerated in the public officers
law  creating  a  vacancy,  a member of the city-wide council on special
education who refuses or neglects to attend three meetings of such coun-
cil 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)]  C.  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]

S. 126                              6

WITH INDIVIDUALIZED EDUCATIONAL PROGRAMS; PROVIDED HOWEVER, THAT WHERE A
VACANCY  OCCURS  IN  A  POSITION  APPOINTED  BY THE PUBLIC ADVOCATE, THE
PUBLIC ADVOCATE SHALL APPOINT A MEMBER TO SERVE  THE  REMAINDER  OF  THE
UNEXPIRED TERM.
  5. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS
CREATED  PURSUANT  TO  THIS  SECTION.  THE  CITY-WIDE COUNCIL ON ENGLISH
LANGUAGE LEARNERS  SHALL  CONSIST  OF  ELEVEN  VOTING  MEMBERS  AND  ONE
NON-VOTING MEMBER, AS FOLLOWS:
  (I)  NINE VOTING MEMBERS WHO SHALL BE PARENTS OF STUDENTS WHO ARE IN A
BILINGUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAM CONDUCTED PURSUANT  TO
SECTION  THIRTY-TWO  HUNDRED  FOUR  OF  THIS  CHAPTER, TO BE SELECTED BY
PARENTS OF STUDENTS WHO RECEIVE SUCH SERVICES PURSUANT  TO  A  REPRESEN-
TATIVE  PROCESS  DEVELOPED BY THE CHANCELLOR. SUCH MEMBERS SHALL SERVE A
TWO YEAR TERM;
  (II) TWO VOTING MEMBERS APPOINTED BY THE PUBLIC ADVOCATE OF  THE  CITY
OF  NEW  YORK,  WHO  SHALL  BE INDIVIDUALS WITH EXTENSIVE EXPERIENCE AND
KNOWLEDGE IN THE EDUCATION OF ENGLISH LANGUAGE LEARNERS AND WILL MAKE  A
SIGNIFICANT  CONTRIBUTION TO IMPROVING BILINGUAL AND ENGLISH AS A SECOND
LANGUAGE PROGRAMS IN THE CITY DISTRICT. SUCH MEMBERS SHALL SERVE  A  TWO
YEAR TERM; AND
  (III)  ONE NON-VOTING MEMBER WHO IS A HIGH SCHOOL SENIOR WHO IS OR HAS
BEEN IN A BILINGUAL OR ENGLISH AS A SECOND LANGUAGE  PROGRAM,  APPOINTED
BY  THE  ADMINISTRATOR  DESIGNATED  BY  THE CHANCELLOR TO SUPERVISE SUCH
PROGRAMS. SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  (B) THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS SHALL HAVE  THE
POWER TO:
  (I)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING BILINGUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAMS;
  (II) ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY  DISTRICT
IN  PROVIDING SERVICES TO ENGLISH LANGUAGE LEARNERS AND MAKING RECOMMEN-
DATIONS, AS APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY  AND  DELIVERY
OF SUCH SERVICES; AND
  (III)  HOLD  AT  LEAST  ONE  MEETING  PER MONTH OPEN TO THE PUBLIC AND
DURING WHICH THE PUBLIC MAY DISCUSS ISSUES FACING ENGLISH LANGUAGE LEAR-
NERS.
  (C) VACANCIES SHALL BE FILLED FOR AN UNEXPIRED TERM BY  THE  CITY-WIDE
COUNCIL ON ENGLISH LANGUAGE LEARNERS, PURSUANT TO A PROCESS DEVELOPED BY
THE  CHANCELLOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF STUDENTS
WHO RECEIVE SERVICES FOR ENGLISH LANGUAGE  LEARNERS;  PROVIDED  HOWEVER,
THAT  WHERE A VACANCY OCCURS IN A POSITION APPOINTED BY THE PUBLIC ADVO-
CATE, THE PUBLIC ADVOCATE SHALL APPOINT A MEMBER TO SERVE THE  REMAINDER
OF THE UNEXPIRED TERM.
  6.  (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  THIRTEEN  VOTING  MEMBERS  AND  ONE  NON-VOTING  MEMBER, AS
FOLLOWS:
  (I) TEN VOTING MEMBERS WHO SHALL  BE  PARENTS  OF  STUDENTS  ATTENDING
PUBLIC  HIGH  SCHOOLS.  TWO  MEMBERS  REPRESENTING EACH BOROUGH SHALL BE
SELECTED BY PRESIDENTS AND OFFICERS  OF  THE  PARENTS'  ASSOCIATIONS  OR
PARENT-TEACHERS'  ASSOCIATIONS  IN  THE  RELEVANT BOROUGH, PURSUANT TO A
PROCESS ESTABLISHED BY THE CHANCELLOR. SUCH MEMBERS SHALL  SERVE  A  TWO
YEAR TERM;
  (II)  ONE VOTING MEMBER WHO SHALL BE A PARENT OF A HIGH SCHOOL STUDENT
WITH AN INDIVIDUALIZED EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED
BY THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION, AND  SHALL  SERVE  A  TWO
YEAR TERM;

S. 126                              7

  (III) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT IN A BILIN-
GUAL  OR ENGLISH AS A SECOND LANGUAGE PROGRAM CONDUCTED IN A PUBLIC HIGH
SCHOOL.  SUCH MEMBER SHALL BE APPOINTED  BY  THE  CITY-WIDE  COUNCIL  ON
ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;
  (IV) ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
NEW  YORK,  WHO SHALL BE A RESIDENT OF THE CITY AND SHALL HAVE EXTENSIVE
BUSINESS, TRADE, OR EDUCATION EXPERIENCE AND KNOWLEDGE WHO WILL  MAKE  A
SIGNIFICANT  CONTRIBUTION  TO  IMPROVING EDUCATION IN THE CITY DISTRICT.
SUCH MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AND
  (V) ONE  NON-VOTING  MEMBER  WHO  IS  A  PUBLIC  HIGH  SCHOOL  SENIOR,
APPOINTED BY THE CHANCELLOR PURSUANT TO A PROCESS DEVELOPED BY THE CHAN-
CELLOR.  SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO
ARE  CANDIDATES  IN  THE SELECTION PROCESS ESTABLISHED BY THE CHANCELLOR
PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH
SELECTION PROCESS. THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE  IN  THE
PLACE OF EACH SUCH OFFICER FOR PURPOSES OF THE SELECTION PROCESS.
  (B) THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL HAVE THE POWER TO:
  (I)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING HIGH SCHOOLS;
  (II) ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY  DISTRICT
IN  PROVIDING  SERVICES  TO  HIGH SCHOOL STUDENTS AND MAKING RECOMMENDA-
TIONS, AS APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY  OF
SUCH SERVICES; AND
  (III)  HOLD  AT  LEAST  ONE  MEETING  PER MONTH OPEN TO THE PUBLIC AND
DURING WHICH THE PUBLIC MAY DISCUSS ISSUES FACING HIGH SCHOOLS.
  (C) 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 ATTENDING
PUBLIC HIGH SCHOOL; PROVIDED, HOWEVER, THAT WHERE A VACANCY OCCURS IN  A
POSITION  APPOINTED  BY  THE  PUBLIC ADVOCATE, THE PUBLIC ADVOCATE SHALL
APPOINT A MEMBER TO SERVE THE REMAINDER OF THE UNEXPIRED TERM.
  7. (A) MEMBERS OF THE CITY-WIDE COUNCILS ESTABLISHED PURSUANT TO  THIS
SECTION  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 WHICH THEY SERVE.
  (B) EACH SUCH CITY-WIDE COUNCIL MAY APPOINT A SECRETARY,  PURSUANT  TO
THE  POLICIES  OF  THE CITY BOARD, WHO SHALL PERFORM THE FOLLOWING FUNC-
TIONS:
  (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (II) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS AND MEETINGS; AND
  (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS.
  EACH CITY-WIDE COUNCIL  SHALL  BE  RESPONSIBLE  FOR  THE  APPOINTMENT,
SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (C)  NO  PERSON  MAY SERVE AT THE SAME TIME ON MORE THAN ONE CITY-WIDE
COUNCIL ESTABLISHED PURSUANT TO THIS SECTION, NOR MAY ANY  PERSON  SERVE
AT  THE SAME TIME ON SUCH A CITY-WIDE COUNCIL AND ANY COMMUNITY DISTRICT
EDUCATION COUNCIL.
  (D) A MEMBER OF A  CITY-WIDE  COUNCIL  ESTABLISHED  PURSUANT  TO  THIS
SECTION  SHALL  BE  INELIGIBLE  TO  BE EMPLOYED BY ANY SUCH COUNCIL, ANY
COMMUNITY DISTRICT EDUCATION COUNCIL, OR THE CITY BOARD.
  (E) NO PERSON SHALL BE ELIGIBLE FOR MEMBERSHIP ON A CITY-WIDE  COUNCIL
ESTABLISHED  PURSUANT  TO  THIS  SECTION IF HE OR SHE HOLDS ANY ELECTIVE
PUBLIC OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF

S. 126                              8

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 A CITY-WIDE COUNCIL ESTABLISHED PURSUANT TO THIS SECTION OR  COMMU-
NITY DISTRICT EDUCATION COUNCIL FOR ANY OF THE FOLLOWING SHALL BE PERMA-
NENTLY INELIGIBLE FOR APPOINTMENT TO A CITY-WIDE COUNCIL:
  (I)  AN  ACT  OF MALFEASANCE DIRECTLY RELATED TO HIS OR HER SERVICE ON
SUCH CITY-WIDE COUNCIL OR COMMUNITY DISTRICT EDUCATION COUNCIL; OR
  (II) CONVICTION OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED  TO  HIS
OR  HER SERVICE UPON SUCH CITY-WIDE COUNCIL OR COMMUNITY DISTRICT EDUCA-
TION COUNCIL.
  (G) IN ADDITION TO THE CONDITIONS ENUMERATED IN  THE  PUBLIC  OFFICERS
LAW  CREATING  A  VACANCY,  A  MEMBER OF A CITY-WIDE COUNCIL ESTABLISHED
PURSUANT TO THIS SECTION WHO REFUSES OR NEGLECTS TO ATTEND  THREE  MEET-
INGS  OF  SUCH  CITY-WIDE  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 SUCH  CITY-WIDE  COUNCIL
SHALL DECLARE A VACANCY TO THE CHANCELLOR.
  S  2.  Section 2590-c of the education law, as added by chapter 123 of
the laws of 2003, is amended to read as follows:
  S 2590-c. Composition of community  district  education  councils.  1.
Each community district shall be governed by a community district educa-
tion  council.  The  community  councils  shall consist of eleven voting
members and one non-voting member, as follows:
  (a) Nine voting members shall be parents whose children are  attending
a  school  under  the  jurisdiction  of  the community district, OR HAVE
ATTENDED A SCHOOL UNDER THE JURISDICTION OF THE COMMUNITY DISTRICT WITH-
IN THE PRECEDING TWO YEARS, and shall be selected by the presidents  and
officers  of  the  parents' association or parent-teachers' association.
Such members shall serve for a term of two years.  PRESIDENTS AND  OFFI-
CERS  OF  PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO ARE
CANDIDATES IN THE SELECTION PROCESS PURSUANT TO THIS SECTION  SHALL  NOT
BE  ELIGIBLE  TO  CAST  VOTES IN SUCH SELECTION PROCESS. THE ASSOCIATION
SHALL ELECT A MEMBER TO VOTE IN THE PLACE  OF  EACH  SUCH  PRESIDENT  OR
OFFICER FOR THE PURPOSES OF THE SELECTION PROCESS.
  (b)  Two  voting  members shall be appointed by the borough presidents
corresponding to such district. Such appointees shall be  residents  of,
or  own  or operate a business in, the district and shall be individuals
with extensive business, trade, or education experience  and  knowledge,
who  will  make a significant contribution to improving education in the
district. Such members shall serve for a term of two years and may  only
be reappointed for one additional two year term.
  (c)  One non-voting member who is a high school senior residing in the
district, appointed by the superintendent from among the elected student
leadership. Such member shall serve for a one year term.
  Members 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 community council.
  2. For the initial community council, such members must be selected on
or before October thirty-first, two thousand three, with terms  commenc-
ing on December first, two thousand three. Thereafter, commencing in May
of  two  thousand five, the selection of community council members shall
occur on the second Tuesday in May, with terms commencing on the follow-
ing July first.

S. 126                              9

  3. Each such council shall select one of its voting members  to  serve
as chair.
  4. Notwithstanding any provisions of law to the contrary, the communi-
ty  district  education council may appoint a secretary, pursuant to the
policies of the city board, who shall perform the  following  functions:
(a)  prepare  meeting notices, agendas and minutes; (b) record and main-
tain accounts of proceedings and other council meetings; and (c) prepare
briefing materials and other related informational  materials  for  such
meetings.  Each council shall be responsible for the appointment, super-
vision, evaluation and discharge of the secretary.
  5. No person may serve on more than one community council or on [both]
the city-wide council on special education,  THE  CITY-WIDE  COUNCIL  ON
ENGLISH  LANGUAGE LEARNERS, OR THE CITY-WIDE COUNCIL ON HIGH SCHOOLS and
a community council. A member of a community council shall be ineligible
to be employed by the community council of which he or she is a  member,
any other community council, the city-wide council on special education,
THE  CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS, THE CITY-WIDE COUN-
CIL ON HIGH SCHOOLS, or the city board.  No person shall be eligible for
membership on a community council 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.
  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, THE CITY-WIDE COUNCIL ON ENGLISH
LANGUAGE  LEARNERS,  OR THE CITY-WIDE COUNCIL ON HIGH SCHOOLS for any of
the following shall be permanently ineligible  for  appointment  to  any
community district education council: (a) an act of malfeasance directly
related to his or her service on [such] THE city-wide council on special
education,  THE  CITY-WIDE  COUNCIL  ON  ENGLISH  LANGUAGE LEARNERS, THE
CITY-WIDE COUNCIL ON HIGH SCHOOLS, community school board  or  community
district  education council; or (b) conviction of a crime, if such crime
is directly related to his or her  service  upon  [such]  THE  city-wide
council  on special education, THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE
LEARNERS, THE CITY-WIDE COUNCIL ON HIGH SCHOOLS, community school  board
or community district education council.
  Any decision rendered by the chancellor or the city board with respect
to  the  eligibility  or  qualifications  of  the nominees for community
district education councils must  be  written  and  made  available  for
public inspection within seven days of its issuance at the office of the
chancellor  and  the city board. Such written decision shall include the
factual and legal basis for its issuance and a record  of  the  vote  of
each board member who participated in the decision, if applicable.
  6. (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  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 community council shall declare a vacancy  to  the
chancellor.
  (b)  (1)  Vacancies  IN POSITIONS THAT WERE NOT APPOINTED BY A BOROUGH
PRESIDENT 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

S. 126                             10

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.
  (2)  IF  SUCH  VACANCY  RESULTS IN THE COUNCIL NOT HAVING AT LEAST ONE
MEMBER WHO IS A PARENT OF A STUDENT WHO IS AN ENGLISH LANGUAGE  LEARNER,
OR RESULTS IN THE COUNCIL NOT HAVING AT LEAST ONE MEMBER WHO IS A PARENT
OF  A  STUDENT  WITH  AN INDIVIDUALIZED EDUCATION PROGRAM, THE COMMUNITY
COUNCIL SHALL SELECT A PARENT HAVING SUCH  QUALIFICATIONS  TO  FILL  THE
VACANCY.
  (c) If the vacancy is not filled by the community council within sixty
days  after  it  is declared due to a tie vote for such appointment, the
chancellor shall vote with the community  council,  to  break  such  tie
vote.  If  the  community  council has failed to fill the vacancy within
sixty days after it is declared because of any other reason,  the  chan-
cellor  shall  order  the community council to do so pursuant to section
twenty-five hundred ninety-1 of this article.
  (D) WHERE A VACANCY OCCURS IN A POSITION APPOINTED BY A BOROUGH PRESI-
DENT, THE BOROUGH PRESIDENT SHALL APPOINT A MEMBER TO SERVE THE  REMAIN-
DER OF THE UNEXPIRED TERM.
  7.  (a)  Each  community  council shall prepare and submit to the city
board a performance report every month. The information  provided  shall
include  community council members' attendance records; participation in
community council committees and  other  community  council  activities;
visits  to schools; and voting records on major issues before the commu-
nity council.
  (b) The city  board  shall  review  and  consolidate  the  performance
reports into one comprehensive city district-wide report, which shall be
disseminated to the community and the media semiannually.
  8.  The  chancellor  shall:  (a) develop a process to ensure a uniform
election process for  parent  associations  and  parent-teacher  associ-
ations.  Such  process shall ensure uniformity with respect to timing of
elections and the structure and size of the body.
  (b) develop a process for nomination of candidates for community coun-
cil membership. Such process will outline in detail the procedure  which
must  be  followed  to present a name for consideration, [shall prohibit
officers of any parent association or  parent-teacher  association  from
being  nominated,]  may include qualifications and prohibitions in addi-
tion to those outlined in this section and may allow  for  an  interview
process for nominees.
  (c)  develop  selection procedures for community council members which
shall attempt to ensure membership that reflects a representative cross-
section of the communities within the school district and  diversity  of
the  student  population  including  those  with  particular educational
needs, shall include consideration of the enrollment figures within each
community district and the potential disparity of such  enrollment  from
school  to  school  within  the  district, and shall ensure that, to the
extent possible, a school may have no more  than  one  parent  represen-
tative  on  the community council.  SUCH PROCEDURES SHALL ENSURE THAT AT
LEAST ONE POSITION ON THE COMMUNITY COUNCIL IS FILLED BY A PARENT  OF  A
STUDENT WHO IS AN ENGLISH LANGUAGE LEARNER, AND AT LEAST ONE POSITION IS
FILLED  BY  A  PARENT  OF  A  STUDENT  WITH  AN INDIVIDUALIZED EDUCATION
PROGRAM, AND SHALL ALLOW FOR THE SEVEN REMAINING POSITIONS TO BE  FILLED
BY PARENTS WHO ARE OTHERWISE ELIGIBLE.

S. 126                             11

  (d) promulgate rules and regulations requiring financial disclosure by
the  nominees  and  policies  prohibiting  political endorsements of and
campaign contributions to nominees.
  (e)  beginning in January of each school year and continuing until the
date of selection, ensure the distribution of guides to parents in addi-
tion to information regarding community council  roles,  functions,  and
activities,  including  upcoming parents' association and parent-teacher
association elections, candidate information,  and  the  nature  of  the
selection process.
  Prior  to  the  adoption  of the processes, procedures, rules or regu-
lations set forth in this subdivision, the chancellor shall ensure  that
there  is an inclusive public process which allows for sufficient public
input from parents and the community including public hearings. All such
processes, procedures, rules or regulations must be final in  sufficient
time  to  assure  for an orderly implementation and notification of such
processes, procedures, rules or regulations to allow for full  community
participation in the nomination and selection processes and procedures.
  S  3. Subdivision 1 of section 2590-d of the education law, as amended
by chapter 123 of the laws of 2003, is amended to read as follows:
  1. The city board and the chancellor shall prescribe such by-laws  and
regulations as may be necessary to make effectual the provisions of this
chapter  and for the conduct of the proceedings of said board CONSISTENT
WITH THE REQUIREMENTS OF THIS ARTICLE.  THE  CITY  BOARD  BY-LAWS  SHALL
INCLUDE A PROCESS BY WHICH ANY MEMBER OF THE CITY BOARD MAY REQUEST THAT
ITEMS  BE PLACED ON THE CITY BOARD'S AGENDA. SUCH REQUEST MAY BE MADE AT
A CITY BOARD REGULAR PUBLIC MEETING OR PRIOR TO  SUCH  MEETING.    IF  A
MEMBER  OF  THE CITY BOARD REQUESTS THAT AN ITEM BE PLACED ON THE AGENDA
AT A REGULAR PUBLIC MEETING OF THE  CITY  BOARD,  THEN  THE  CHAIRPERSON
SHALL  RESPOND  TO  THE REQUEST AT SUCH MEETING. IF A MEMBER OF THE CITY
BOARD REQUESTS THAT AN ITEM BE PLACED ON THE AGENDA AT ANY TIME PRIOR TO
A REGULAR PUBLIC MEETING OF THE CITY BOARD, THEN THE  CHAIRPERSON  SHALL
RESPOND  TO  THE  REQUEST  AT  ANY  TIME PRIOR TO THE SUBSEQUENT REGULAR
PUBLIC MEETING.  Said by-laws and regulations  shall  be  published  and
indexed  and revised at least annually. Copies of such by-laws and regu-
lations shall be made available  for  public  inspection  VIA  THE  CITY
BOARD'S  OFFICIAL  INTERNET  WEB SITE, at the offices of the city board,
each community council, the office of the commissioner of education, and
the legislative library in Albany, and at such other places as the  city
board may deem proper.
  S  4. Section 2590-e of the education law is amended by adding two new
subdivisions 20 and 21 to read as follows:
  20. CONSULT ON THE SELECTION OF A COMMUNITY SUPERINTENDENT PURSUANT TO
SUBDIVISION THIRTY OF SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTI-
CLE.
  21. HOLD A JOINT PUBLIC HEARING WITH THE CHANCELLOR OR DEPUTY CHANCEL-
LOR, OR IN THE CASE OF A PROPOSED SIGNIFICANT CHANGE IN SCHOOL  UTILIZA-
TION  THE  CHANCELLOR  OR  HIS  OR HER DESIGNEE, AND THE IMPACTED SCHOOL
BASED MANAGEMENT TEAM REGARDING ANY PROPOSED SCHOOL CLOSING  OR  SIGNIF-
ICANT  CHANGE  IN  SCHOOL  UTILIZATION,  INCLUDING  THE PHASE-OUT, GRADE
RECONFIGURATION, RE-SITING, OR CO-LOCATION OF  SCHOOLS,  OF  ANY  PUBLIC
SCHOOL  LOCATED  WITHIN  THE  COMMUNITY DISTRICT PURSUANT TO SUBDIVISION
TWO-A OF SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
  S 5. Section 2590-f of the education law, as added by chapter  720  of
the  laws  of 1996, paragraphs (s) and (t) of subdivision 1 and subdivi-
sions 2 and 3 as amended and paragraph (u) of subdivision 1 as added  by
chapter 123 of the laws of 2003, is amended to read as follows:

S. 126                             12

  S  2590-f.  Community  superintendents.  1.  Subject  in every case to
powers devolved to principals and schools consistent with this  article,
the  COMMUNITY superintendent shall have the following powers and duties
AS SUPERINTENDENT OF SCHOOLS FOR THE COMMUNITY DISTRICT, WHICH SHALL  BE
EXERCISED  IN A MANNER TO ENSURE THE IMPLEMENTATION OF ALL PROVISIONS OF
LAW, RULES AND REGULATIONS RELATING TO THE MANAGEMENT OF THE SCHOOLS AND
THE DELIVERY OF INSTRUCTIONAL SERVICES:
  (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 her or his powers and duties to such subordi-
nate officers or employees of her or his community district as she or he
deems appropriate, AT HIS OR HER  SOLE  DISCRETION,  and  to  modify  or
rescind any power and duty so delegated.
  (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
SCREENING  committee  [including  parents,  teachers, and school support
personnel,  who  shall  be  selected  and  shall  operate  in  a  manner
prescribed  by  chancellor's regulations] CONSISTENT WITH REGULATIONS OF
THE CHANCELLOR ESTABLISHING A PROCESS THAT PROMOTES PARENTAL  AND  STAFF
INVOLVEMENT  IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
TION  OF  CANDIDATES  AND  CONSISTENT  WITH  QUALIFICATIONS  ESTABLISHED
THROUGH CHANCELLOR'S REGULATIONS.
  (e)  to appoint or reject the principal AND ASSISTANT PRINCIPAL candi-
dates screened by screening 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 twen-
ty-five hundred ninety-h of this article] CONSISTENT WITH REGULATIONS OF
THE CHANCELLOR ESTABLISHING A PROCESS THAT PROMOTES PARENTAL  AND  STAFF
INVOLVEMENT  IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
TION OF CANDIDATES, AND AFTER CONSULTING  WITH  MEMBERS  OF  THE  SCHOOL
BASED  MANAGEMENT TEAM.   CANDIDATES MUST MEET THE REQUIREMENTS OF REGU-
LATIONS OF THE  CHANCELLOR  ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
ADMINISTRATIVE  QUALIFICATIONS, INCLUDING EVALUATION OF EACH CANDIDATE'S
RECORD OF PERFORMANCE IN COMPARABLE POSITIONS AND SHALL  BE  SUBJECT  TO
THE  CHANCELLOR'S  POWER TO REJECT SUCH APPOINTMENTS PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
  (f) to SUPERVISE AND 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 promot-
ing student achievement and parental involvement, DEVELOPING  AN  EFFEC-
TIVE  SHARED  DECISION-MAKING RELATIONSHIP WITH THE SCHOOL BASED MANAGE-
MENT  TEAM,   and   maintaining   school   discipline;   THE   COMMUNITY
SUPERINTENDENT  SHALL  HAVE  ACCESS TO ALL SCHOOL RECORDS THAT HE OR SHE
DEEMS NECESSARY AND SHALL CONSIDER COMMENTS CONTAINED WITHIN AN  ASSESS-
MENT  MADE BY THE SCHOOL BASED MANAGEMENT TEAM, PURSUANT TO SUBPARAGRAPH
(VII) OF PARAGRAPH (B-1) OF SUBDIVISION FIFTEEN OF  SECTION  TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE, WHEN CARRYING OUT SUCH EVALUATIONS.
  (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

S. 126                             13

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
article, PROVIDED HOWEVER, THAT THE COMMUNITY SUPERINTENDENT SHALL  ONLY
APPROVE  A  SCHOOL-BASED  BUDGET  PROPOSAL  AFTER  CERTIFYING THAT IT IS
SUFFICIENTLY  ALIGNED  WITH  ITS  CORRESPONDING  SCHOOL'S  COMPREHENSIVE
EDUCATIONAL  PLAN. THE COMMUNITY SUPERINTENDENT SHALL PRESCRIBE THE FORM
AND MANNER IN WHICH PRINCIPALS  MUST  SUBMIT  WRITTEN  JUSTIFICATION  TO
DEMONSTRATE  THAT  THE  PROPOSED SCHOOL-BASED BUDGET IS ALIGNED WITH THE
SCHOOL'S COMPREHENSIVE  EDUCATIONAL  PLAN,  AND  SHALL  ALSO  INCLUDE  A
PROVISION  ALLOWING  FOR  THE SCHOOL BASED MANAGEMENT TEAM TO RESPOND TO
SUCH JUSTIFICATION. THE  COMMUNITY  SUPERINTENDENT  SHALL  CONSIDER  THE
PRINCIPAL'S  WRITTEN  JUSTIFICATION, ALONG WITH ANY RESPONSE PROVIDED BY
THE SCHOOL BASED MANAGEMENT TEAM, PRIOR TO MAKING SUCH CERTIFICATION.
  (H-1) TO ESTABLISH A PROCESS THAT ALLOWS FOR SCHOOL  BASED  MANAGEMENT
TEAM  MEMBERS, OTHER THAN THE PRINCIPAL, TO DISPUTE ANY DECISION MADE BY
THE PRINCIPAL WHERE SUCH TEAM MEMBERS REACH A CONSENSUS THAT  THE  DECI-
SION  IS  INCONSISTENT  WITH  THE  GOALS AND POLICIES SET FORTH IN THEIR
SCHOOL'S EXISTING COMPREHENSIVE EDUCATIONAL PLAN. THE  COMMUNITY  SUPER-
INTENDENT  SHALL  PROVIDE A WRITTEN RESPONSE TO THE SCHOOL BASED MANAGE-
MENT TEAM AND THE PRINCIPAL THAT INCLUDES THE INFORMATION  REVIEWED  AND
THE  BASIS  FOR  THE  COMMUNITY SUPERINTENDENT'S DECISION REGARDING SUCH
DISPUTE.
  (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
section  twenty-five  hundred ninety-h of this article, for services and
supplies provided by the chancellor, the  COMMUNITY  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 jurisdic-
tion.
  (k) subject to subdivision three of section twenty-five hundred  nine-
ty-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) (1) TO PROVIDE ASSISTANCE AND DIRECT SUPPORT TO PARENTS IN ACCESS-
ING INFORMATION, ADDRESSING CONCERNS AND RESPONDING TO COMPLAINTS RELAT-
ING TO THEIR CHILD'S EDUCATION THAT CANNOT BE  RESOLVED  AT  THE  SCHOOL
LEVEL.
  (2)  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.    THE  COMMUNITY  SUPERINTENDENT  SHALL ESTABLISH A
CENTRAL OFFICE WITHIN THE DISTRICT AND  HIRE  AND  SUPERVISE  SUFFICIENT
STAFF   TO  DIRECTLY  INTERACT  WITH  PARENTS,  RESPOND  TO  INFORMATION
REQUESTS, RECEIVE INPUT AND COMMENTS, ASSIST THE  COMMUNITY  SUPERINTEN-
DENT  IN  RESOLVING COMPLAINTS IN A TIMELY MANNER, AND WORK TO DEVELOP A
COOPERATIVE RELATIONSHIP WITH PARENTS AND THE SCHOOL COMMUNITY.

S. 126                             14

  (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 STANDARDS, POLICIES, OBJECTIVES,
AND regulations [promulgated by the chancellor and the  city  board]  OF
THE CITY DISTRICT.
  (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 (b) of] subdivision [four] FORTY-EIGHT of section  twenty-
five  hundred  [ninety-c]  NINETY-H 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.
  (V)  TO  HOLD  AT  LEAST TWO PUBLIC FORUMS WITHIN THE DISTRICT, DURING
EACH SCHOOL YEAR,  FOR  THE  PURPOSE  OF  REPORTING  ON  THE  DISTRICT'S
PERFORMANCE,  INCLUDING  PROGRESS  MADE  TOWARD  ACHIEVING  THE DISTRICT
COMPREHENSIVE EDUCATIONAL PLAN GOALS, DISCUSSING PLANS FOR  IMPROVEMENT,
AND RECEIVING PARENTAL AND COMMUNITY COMMENTS AND CONCERNS; THE COMMUNI-
TY  SUPERINTENDENT  SHALL  ENSURE  THAT  NOTICE FOR THE PUBLIC FORUMS IS
POSTED IN A MANNER TO MAXIMIZE THE PARTICIPATION  OF  PARENTS,  STUDENTS
AND  SCHOOL  PERSONNEL  AND IS SPECIFICALLY CIRCULATED TO MEMBERS OF THE
SCHOOL BASED MANAGEMENT TEAMS, COMMUNITY DISTRICT EDUCATION COUNCIL  AND
THE RELEVANT COMMUNITY BOARDS.
  (W)  TO  PROVIDE  NOTICE OF ANY PROPOSED SCHOOL CLOSING OR SIGNIFICANT
CHANGE IN SCHOOL UTILIZATION, INCLUDING THE PHASE-OUT,  GRADE  RECONFIG-

S. 126                             15

URATION,  RE-SITING,  OR  CO-LOCATION  OF SCHOOLS, FOR ANY PUBLIC SCHOOL
WITHIN THE COMMUNITY DISTRICT TO ALL IMPACTED PARENTS, INCLUDING  INFOR-
MATION  AS  TO  WHERE  A  COPY  OF  THE EDUCATIONAL IMPACT STATEMENT, OR
REVISED  EDUCATIONAL IMPACT STATEMENT IF APPLICABLE, MAY BE OBTAINED AND
THE DATE OF ANY HEARING ON SUCH SCHOOL CLOSURE OR SIGNIFICANT CHANGE  IN
SCHOOL  UTILIZATION PURSUANT TO SUBDIVISION TWO-A OF SECTION TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE.
  2. In exercising such powers and duties each community  superintendent
shall  comply  with  all applicable provisions of law, by-laws, rules or
regulations, directives or agreements of the chancellor and his  or  her
community  district education council and with the city-wide educational
policies established by the city board and his or her community district
education council, including performance standards addressed to adminis-
tration and educational effectiveness, and any requirements for continu-
ing training and education, embodied in standards,  circulars  or  regu-
lations  promulgated  by  the  chancellor  PROVIDED  HOWEVER,  THAT  THE
CHANCELLOR SHALL ENSURE THAT COMMUNITY SUPERINTENDENTS ARE  ASSIGNED  TO
TASKS  PREDOMINANTLY WITHIN THEIR OWN COMMUNITY DISTRICTS AND THAT IN NO
EVENT SHALL COMMUNITY SUPERINTENDENTS BE ASSIGNED ANY TASK  WHICH  WOULD
IMPAIR THEIR ABILITY TO EXERCISE THE POWERS AND DUTIES ENUMERATED WITHIN
THIS  SECTION,  SUCH  AS  RESPONDING  TO PARENTAL COMMENTS AND CONCERNS,
APPOINTING AND EVALUATING PRINCIPALS,  APPROVING  SCHOOL-BASED  BUDGETS,
OVERSEEING  EDUCATIONAL INSTRUCTION, PROVIDING ACCESS TO INFORMATION AND
ASSISTING WITH RESOLVING COMPLAINTS.
  3. No person who has served as a member of a community district educa-
tion council may be employed by that board or the COMMUNITY  superinten-
dent  of  that  district within a period of three years after the termi-
nation of such service unless such person  qualifies  for  the  position
pursuant  to  a competitive examination and applicable provisions of the
civil service law.
  S 6. Section 2590-g of the education law, as amended by chapter 91  of
the laws of 2002, subdivision 4 as amended by chapter 123 of the laws of
2003, is amended 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  school district and its pupils. The board shall exercise no execu-
tive power and perform no executive or administrative functions.   Noth-
ing  herein  contained  shall  be  construed to require or authorize the
day-to-day supervision or the administration of the  operations  of  any
school  within  the  city  school  district of the city of New York. The
board shall have the power and duty to:
  1. (a) approve standards, policies, AND objectives[, and  regulations]
proposed  by  the chancellor directly related to educational achievement
and student performance; [and]
  (b) consider and approve any other  standards,  policies,  AND  objec-
tives[, and regulations] as specifically authorized or required by state
or federal law or regulation;
  (C)  APPROVE  ALL  REGULATIONS  PROPOSED BY THE CHANCELLOR OR THE CITY
BOARD AND ANY AMENDMENTS MADE THERETO;
  (D) APPROVE THE EDUCATIONAL FACILITIES CAPITAL PLAN,  AND  ANY  AMEND-
MENTS  REQUIRING  CITY  BOARD  APPROVAL  PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-P OF THIS  ARTICLE,  FOLLOWING  ANY  APPLICABLE  HEARINGS
CONDUCTED BY THE COMMUNITY DISTRICT EDUCATION COUNCILS;
  (E)  APPROVE ANNUAL ESTIMATES OF THE TOTAL SUM OF MONEY WHICH IT DEEMS
NECESSARY FOR THE OPERATION OF THE CITY DISTRICT AND THE CAPITAL  BUDGET
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-Q OF THIS ARTICLE;

S. 126                             16

  (F)  APPROVE  THE  ALLOCATION  OF  PROJECTED  REVENUES AMONG COMMUNITY
DISTRICTS AND THEIR SCHOOLS PURSUANT TO SUBDIVISION A OF  SECTION  TWEN-
TY-FIVE  HUNDRED NINETY-R OF THIS ARTICLE AND TO APPROVE THE AGGREGATION
OF THE COMMUNITY DISTRICT BUDGETS, WITH A PROPOSED BUDGET  FOR  ADMINIS-
TRATIVE  AND OPERATIONAL EXPENDITURES OF THE CITY BOARD AND THE CHANCEL-
LOR, FOLLOWING A PUBLIC HEARING PURSUANT TO  SUBDIVISION  F  OF  SECTION
TWENTY-FIVE HUNDRED NINETY-R OF THIS ARTICLE;
  (G) APPROVE A PROCUREMENT POLICY FOR THE CITY DISTRICT, AND ANY AMEND-
MENTS  MADE  THERETO,  DEVELOPED  PURSUANT  TO SUBDIVISION THIRTY-SIX OF
SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE; AND
  (H) APPROVE PROPOSALS FOR ALL SCHOOL CLOSURES OR  SIGNIFICANT  CHANGES
IN  SCHOOL  UTILIZATION  INCLUDING THE PHASE-OUT, GRADE RECONFIGURATION,
RE-SITING, OR CO-LOCATION OF SCHOOLS, FOLLOWING ANY HEARING PURSUANT  TO
SUBDIVISION  TWO-A OF SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTI-
CLE.
  2. for all purposes, be the  government  or  public  employer  of  all
persons  appointed  or  assigned  by  the  city  board  or the community
districts; provided, however, that the chancellor shall have the author-
ity to appoint staff pursuant to subdivision forty-one of section  twen-
ty-five hundred ninety-h of this article;
  2-A.    ADOPT  A  POLICY  PROPOSED BY THE CHANCELLOR THAT PROMOTES THE
RECRUITMENT AND RETENTION OF A WORKFORCE AT THE CITY DISTRICT, COMMUNITY
DISTRICT AND SCHOOL LEVEL THAT CONSIDERS THE DIVERSITY OF  THE  STUDENTS
ATTENDING  THE  PUBLIC SCHOOLS WITHIN THE CITY DISTRICT.  THE CITY BOARD
SHALL REVIEW AT A REGULAR PUBLIC MEETING AN ANNUAL REPORT ISSUED BY  THE
CHANCELLOR  OUTLINING  THE  INITIATIVES  TAKEN  TO ENHANCE DIVERSITY AND
EQUITY IN RECRUITMENT AND RETENTION AND THE IMPACTS OF SUCH  INITIATIVES
TO  THE  WORKFORCE  AT  THE CITY DISTRICT, COMMUNITY DISTRICT AND SCHOOL
LEVEL;
  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 contracts that would significantly impact the provision of
educational  services  or  programming within the district.] (A) APPROVE
ANY CONTRACT AWARDED BY THE CITY DISTRICT  OR  THE  COMMUNITY  DISTRICTS
WHERE:
  (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
ITIVE SEALED BIDDING PURSUANT TO SUBDIVISION THIRTY-SIX OF SECTION TWEN-
TY-FIVE HUNDRED NINETY-H OF THIS ARTICLE, INCLUDING BUT NOT  LIMITED  TO
COMPETITIVE SEALED PROPOSALS, OR SOLE SOURCE CONTRACTS;
  (II)  SUCH  CONTRACT  PROVIDES  FOR  TECHNICAL, CONSULTANT OR PERSONAL
SERVICES;
  (III) THE VALUE OF  SUCH  CONTRACT  EXCEEDS,  OR  PROJECTS  AN  ANNUAL
EXPENDITURE EXCEEDING ONE MILLION DOLLARS; OR
  (IV) THE VALUE OF ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS ONE
MILLION DOLLARS ANNUALLY;

S. 126                             17

  (B)  APPROVE  ALL  FRANCHISES,  REVOCABLE  CONSENTS,  AND  CONCESSIONS
AWARDED BY THE CITY DISTRICT OR THE COMMUNITY DISTRICTS.
  (C)  NOTWITHSTANDING  PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION, CITY
BOARD APPROVAL SHALL NOT BE REQUIRED FOR ANY CONTRACT  WITH  THE  UNITED
STATES  GENERAL  SERVICES ADMINISTRATION OR ANY OTHER FEDERAL AGENCY, IF
THE PRICE IS LOWER THAN THE PREVAILING MARKET PRICE,  OR  THE  NEW  YORK
STATE OFFICE OF GENERAL SERVICES OR ANY OTHER STATE AGENCY, IF THE PRICE
IS  LOWER  THAN  THE  PREVAILING  MARKET PRICE, OR FOR ANY CONTRACT MADE
DIRECTLY BY AN INDIVIDUAL SCHOOL.
  6. Approve litigation settlements  only  when  such  settlement  would
significantly  impact  the provision of educational services or program-
ming within the district.
  6-A.  APPROVE  BY-LAWS  FOR  THE  CITY  BOARD  PURSUANT   TO   SECTION
TWENTY-FIVE HUNDRED NINETY-D OF THIS ARTICLE.
  7.  ALL  ITEMS REQUIRING CITY BOARD APPROVAL SHALL BE BY A PUBLIC VOTE
AT A REGULAR PUBLIC MEETING, CONSISTENT WITH THE REQUIREMENTS  CONTAINED
WITHIN  SUBDIVISION  ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-B OF THIS
ARTICLE, AND SUCH ITEMS SHALL NOT BECOME EFFECTIVE UNTIL AFTER SUCH VOTE
OCCURS EXCEPT AS  EXPRESSLY  AUTHORIZED  IN  SUBDIVISION  NINE  OF  THIS
SECTION.
  8.  (A)  PRIOR TO THE APPROVAL OF ANY PROPOSED ITEM LISTED IN SUBDIVI-
SION ONE OF THIS SECTION, UNDERTAKE A PUBLIC REVIEW  PROCESS  TO  AFFORD
THE  PUBLIC AN OPPORTUNITY TO SUBMIT COMMENTS ON THE PROPOSED ITEM. SUCH
PUBLIC REVIEW PROCESS SHALL INCLUDE NOTICE OF THE ITEM UNDER CITY  BOARD
CONSIDERATION WHICH SHALL BE MADE AVAILABLE TO THE PUBLIC, INCLUDING VIA
THE  CITY BOARD'S OFFICIAL INTERNET WEBSITE, AND SPECIFICALLY CIRCULATED
TO ALL COMMUNITY SUPERINTENDENTS, COMMUNITY DISTRICT EDUCATION COUNCILS,
COMMUNITY BOARDS, AND SCHOOL BASED MANAGEMENT TEAMS, AT LEAST FORTY-FIVE
DAYS IN ADVANCE OF ANY CITY BOARD VOTE  ON  SUCH  ITEM.  NOTICE  OF  THE
PROPOSED ITEM UNDER CITY BOARD CONSIDERATION SHALL INCLUDE:
  (I)  A  DESCRIPTION  OF  THE  SUBJECT,  PURPOSE  AND  SUBSTANCE OF THE
PROPOSED ITEM UNDER CONSIDERATION;
  (II) INFORMATION REGARDING WHERE THE FULL TEXT OF  THE  PROPOSED  ITEM
MAY BE OBTAINED;
  (III)  THE NAME, OFFICE, ADDRESS, EMAIL AND TELEPHONE NUMBER OF A CITY
DISTRICT REPRESENTATIVE, KNOWLEDGEABLE ON THE ITEM UNDER  CONSIDERATION,
FROM WHOM ANY INFORMATION MAY BE OBTAINED CONCERNING SUCH ITEM;
  (IV)  DATE, TIME AND PLACE OF ANY HEARING REGARDING THE PROPOSED ITEM,
IF APPLICABLE;
  (V) DATE, TIME AND PLACE OF THE CITY BOARD MEETING AT WHICH  THE  CITY
BOARD WILL VOTE ON THE PROPOSED ITEM; AND
  (VI)  INFORMATION  ON HOW TO SUBMIT WRITTEN OR ORAL COMMENTS REGARDING
THE ITEM UNDER CONSIDERATION.
  (B) IN THE EVENT THAT A PROPOSED ITEM LISTED  IN  SUBDIVISION  ONE  OF
THIS  SECTION  IS SUBSTANTIALLY REVISED AT ANY TIME FOLLOWING THE PUBLIC
NOTICE PROVIDED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, THE  CITY
BOARD  SHALL ISSUE A REVISED PUBLIC NOTICE. SUCH REVISED NOTICE SHALL BE
AVAILABLE AT LEAST FIFTEEN DAYS IN ADVANCE OF ANY CITY BOARD VOTE ON THE
PROPOSED ITEM, BUT IN NO EVENT SHALL THE CITY BOARD  VOTE  ON  ANY  SUCH
ITEM  WITHIN  FORTY-FIVE  DAYS  FROM  THE INITIAL PUBLIC NOTICE PROVIDED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION. REVISED PUBLIC NOTICE  OF
THE ITEM UNDER CITY BOARD CONSIDERATION SHALL INCLUDE:
  (I) A DESCRIPTION OF THE SUBJECT, PURPOSE AND SUBSTANCE OF THE REVISED
ITEM UNDER CONSIDERATION;
  (II) IDENTIFICATION OF ALL SUBSTANTIAL REVISIONS TO THE ITEM;

S. 126                             18

  (III) A SUMMARY OF ALL PUBLIC COMMENTS RECEIVED ON SUCH ITEM FOLLOWING
THE INITIAL PUBLIC NOTICE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION;
  (IV) INFORMATION REGARDING WHERE THE FULL TEXT OF THE REVISED ITEM MAY
BE OBTAINED;
  (V)  THE  NAME,  OFFICE, ADDRESS, EMAIL AND TELEPHONE NUMBER OF A CITY
DISTRICT REPRESENTATIVE, KNOWLEDGEABLE ON THE ITEM UNDER  CONSIDERATION,
FROM WHOM ANY INFORMATION MAY BE OBTAINED CONCERNING SUCH ITEM;
  (VI) DATE, TIME AND PLACE OF ANY HEARING REGARDING THE ITEM, IF APPLI-
CABLE;
  (VII) DATE, TIME AND PLACE OF THE CITY BOARD MEETING AT WHICH THE CITY
BOARD WILL VOTE ON THE ITEM; AND
  (VIII) INFORMATION ON HOW TO SUBMIT WRITTEN OR ORAL COMMENTS REGARDING
THE ITEM UNDER CONSIDERATION.
  (C)  FOLLOWING  THE PUBLIC REVIEW PROCESS PURSUANT TO PARAGRAPH (A) OR
(B) OF THIS SUBDIVISION BUT PRIOR TO VOTING ON ANY PROPOSED ITEM  LISTED
IN  SUBDIVISION ONE OF THIS SECTION, THE CITY BOARD SHALL MAKE AVAILABLE
TO THE PUBLIC, INCLUDING VIA THE  CITY  BOARD'S  OFFICIAL  INTERNET  WEB
SITE,  AN  ASSESSMENT  OF  ALL PUBLIC COMMENTS CONCERNING THE ITEM UNDER
CONSIDERATION RECEIVED PRIOR TO TWENTY-FOUR HOURS BEFORE THE CITY  BOARD
MEETING  AT  WHICH SUCH ITEM IS SUBJECT TO A VOTE. SUCH ASSESSMENT SHALL
INCLUDE:
  (I) A SUMMARY AND AN ANALYSIS OF THE  ISSUES  RAISED  AND  SIGNIFICANT
ALTERNATIVES SUGGESTED;
  (II)  A STATEMENT OF THE REASONS WHY ANY SIGNIFICANT ALTERNATIVES WERE
NOT INCORPORATED INTO THE PROPOSED ITEM;
  (III) A DESCRIPTION OF ANY CHANGES MADE TO  THE  PROPOSED  ITEM  AS  A
RESULT OF PUBLIC COMMENTS RECEIVED; AND
  (IV) INFORMATION AS TO WHERE THE FULL TEXT OF ANY APPROVED ITEM MAY BE
OBTAINED.
  9. IN THE EVENT THE CITY BOARD OR THE CHANCELLOR DETERMINES THAT IMME-
DIATE  ADOPTION  OF  ANY ITEM REQUIRING CITY BOARD APPROVAL IS NECESSARY
FOR THE PRESERVATION OF STUDENT HEALTH, SAFETY OR  GENERAL  WELFARE  AND
THAT  COMPLIANCE  WITH THE REQUIREMENTS OF SUBDIVISION SEVEN OR EIGHT OF
THIS SECTION WOULD  BE  CONTRARY  TO  THE  PUBLIC  INTEREST,  THEN  SUCH
PROPOSED  ITEM  MAY  BE ADOPTED ON AN EMERGENCY BASIS. THE CITY BOARD OR
CHANCELLOR SHALL PROVIDE WRITTEN JUSTIFICATION  FOR  SUCH  DETERMINATION
AND  MAKE  SUCH  JUSTIFICATION PUBLICLY AVAILABLE INCLUDING VIA THE CITY
BOARD'S OFFICIAL INTERNET WEB SITE.  EXCEPT AS EXPRESSLY AUTHORIZED  FOR
SCHOOL  CLOSURES  OR SIGNIFICANT CHANGES IN SCHOOL UTILIZATIONS PURSUANT
TO PARAGRAPH (F) OF SUBDIVISION TWO-A  OF  SECTION  TWENTY-FIVE  HUNDRED
NINETY-H  OF  THIS ARTICLE, ALL EMERGENCY ADOPTIONS SHALL ONLY REMAIN IN
EFFECT FOR SIXTY DAYS, DURING SUCH TIME THE CITY BOARD SHALL COMPLY WITH
THE REQUIREMENTS OF THIS SUBDIVISION IN ORDER FOR THE  ADOPTION  OF  THE
ITEM TO BECOME PERMANENT.
  10.  RESPOND,  AT  A  REGULAR  PUBLIC  MEETING, TO THE RECOMMENDATIONS
RAISED IN THE ANNUAL REPORTS ISSUED BY THE CITY-WIDE COUNCIL ON  SPECIAL
EDUCATION,  THE  CITY-WIDE  COUNCIL ON ENGLISH LANGUAGE LEARNERS AND THE
CITY-WIDE COUNCIL ON HIGH SCHOOLS.
  11. CONDUCT AN ANNUAL SURVEY TO ALLOW  PARENTS,  TEACHERS  AND  SCHOOL
PERSONNEL TO EVALUATE THE PERFORMANCE OF THE CITY BOARD AND THE CHANCEL-
LOR  WITH  REGARDS TO CITY DISTRICT RESOURCES, OVERSIGHT AND CURRICULUM.
THE RESULTS OF SUCH SURVEY SHALL BE MADE  PUBLICLY  AVAILABLE  INCLUDING
VIA THE CITY BOARD'S OFFICIAL INTERNET WEBSITE.
  12.  PROVIDE INFORMATION, DATA, ESTIMATES AND STATISTICS REGARDING ALL
MATTERS RELATING TO THE CITY DISTRICT AS REQUESTED BY  THE  DIRECTOR  OF

S. 126                             19

THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK OR THE COMPTROLLER
OF THE CITY OF NEW YORK, IN A TIMELY FASHION.
  S 7. Section 2590-h of the education law, as amended by chapter 720 of
the laws of 1996, the opening paragraph, subdivisions 16, 17, 18, 29, 36
and  37  as  amended and subdivisions 16-a, 30, 38-a, 41, 42, 43, 45, 46
and 47 as added by chapter 91 of the laws  of  2002,  paragraph  (a)  of
subdivision  1,  subdivisions 2, 9, 11, 13, 15, 31, 38, 39, 40 and 44 as
amended and paragraph (b-1) of subdivision 15 as added by chapter 123 of
the laws of 2003, subdivision 20 as amended by chapter 100 of  the  laws
of  2003 and paragraph (b) of subdivision 39 and paragraph (c) of subdi-
vision 40 as amended by chapter 285 of the laws of 2007, is  amended  to
read as follows:
  S  2590-h.  Powers and duties of chancellor.  The office of chancellor
of the city district is hereby continued. Such chancellor shall serve at
the pleasure of and be employed by the mayor of the city of New York  by
contract.  The length of such contract shall not exceed by more than two
years the term of office of the mayor  authorizing  such  contract.  The
chancellor  shall  receive  a salary to be fixed by the mayor within the
budgetary allocation therefor. He or she shall exercise all his  or  her
powers and duties in a manner not inconsistent with the city-wide educa-
tional  policies  of  the  city  board.    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:
  1. Control and operate:
  (a) academic and vocational senior high schools until such time as the
same  may  be  transferred  to the jurisdiction of appropriate community
district education councils pursuant to this article;
  (b) all specialized senior high  schools.  The  special  high  schools
shall include the present schools known as:
  The  Bronx  High  School  of Science, Stuyvesant High School, Brooklyn
Technical High School, Fiorello H. LaGuardia High School  of  Music  and
the Arts in the borough of Manhattan, and such further schools which the
city board may designate from time to time. The special schools shall be
permitted  to maintain a discovery program in accordance with the law in
effect on the date preceding the effective date of this section;  admis-
sions  to  the special schools shall be conducted in accordance with the
law in effect on the date preceding the effective date of this section;
  (c) all special education programs and services conducted pursuant  to
this chapter;
  (d)  subject to the provisions of section twenty-five hundred ninety-i
of this article, devolving powers to the schools, city-wide programs for
city-wide services to a substantial number of persons from more than one
community district, including transportation; food services; payroll and
personnel functions, including  pension  and  retirement  services;  and
enforcement  of  laws  and  regulations  promoting  equal opportunity in
employment, access to public accommodations and facilities, equal oppor-
tunity in education, and preventing and  addressing  unlawful  discrimi-
nation;  provided,  however,  that a community district may also operate
within its district programs which provide  similar  services  otherwise
authorized by this article.
  2. Establish, control and operate new schools or programs of the types
specified in subdivision one of this section, or to discontinue any such

S. 126                             20

schools and programs as he or she may determine; provided, however, that
the chancellor shall consult with the affected community district educa-
tion council before:
  (a)  substantially  expanding  or  reducing such an existing school or
program within a community district;
  (b) initially utilizing a community district school  or  facility  for
such a school or program;
  (c) instituting any new program within a community district.
  2-A.  (A) NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, PREPARE
AN EDUCATIONAL IMPACT STATEMENT REGARDING ANY PROPOSED SCHOOL CLOSING OR
SIGNIFICANT CHANGE IN SCHOOL UTILIZATION, INCLUDING THE PHASE-OUT, GRADE
RECONFIGURATION, RE-SITING, OR CO-LOCATION OF SCHOOLS,  FOR  ANY  PUBLIC
SCHOOL LOCATED WITHIN THE CITY DISTRICT.
  (B)  SUCH  EDUCATIONAL  IMPACT  STATEMENT  SHALL INCLUDE THE FOLLOWING
INFORMATION REGARDING THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT  CHANGE
IN SCHOOL UTILIZATION:
  (I) THE CURRENT AND PROJECTED PUPIL ENROLLMENT OF THE AFFECTED SCHOOL,
THE PROSPECTIVE NEED FOR SUCH SCHOOL BUILDING, THE RAMIFICATIONS OF SUCH
SCHOOL  CLOSING  OR  SIGNIFICANT  CHANGE  IN SCHOOL UTILIZATION UPON THE
COMMUNITY, INITIAL COSTS AND SAVINGS RESULTING FROM SUCH SCHOOL  CLOSING
OR SIGNIFICANT CHANGE IN SCHOOL UTILIZATION, THE POTENTIAL DISPOSABILITY
OF ANY CLOSED SCHOOL;
  (II)  THE IMPACTS OF THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE
IN SCHOOL UTILIZATION TO ANY AFFECTED STUDENTS;
  (III) AN OUTLINE OF ANY PROPOSED OR POTENTIAL USE OF THE SCHOOL BUILD-
ING FOR OTHER EDUCATIONAL PROGRAMS OR ADMINISTRATIVE SERVICES;
  (IV) THE EFFECT OF SUCH SCHOOL CLOSING OR SIGNIFICANT CHANGE IN SCHOOL
UTILIZATION ON PERSONNEL  NEEDS,  THE  COSTS  OF  INSTRUCTION,  ADMINIS-
TRATION, TRANSPORTATION, AND OTHER SUPPORT SERVICES;
  (V)  THE  TYPE,  AGE,  AND PHYSICAL CONDITION OF SUCH SCHOOL BUILDING,
MAINTENANCE, AND ENERGY COSTS, RECENT OR PLANNED  IMPROVEMENTS  TO  SUCH
SCHOOL BUILDING, AND SUCH BUILDING'S SPECIAL FEATURES;
  (VI)  THE  ABILITY OF OTHER SCHOOLS IN THE AFFECTED COMMUNITY DISTRICT
TO ACCOMMODATE PUPILS FOLLOWING THE SCHOOL CLOSURE OR SIGNIFICANT CHANGE
IN SCHOOL UTILIZATION; AND
  (VII) INFORMATION REGARDING SUCH SCHOOL'S ACADEMIC PERFORMANCE INCLUD-
ING WHETHER SUCH SCHOOL HAS BEEN IDENTIFIED AS A SCHOOL UNDER  REGISTRA-
TION  REVIEW  OR  HAS  BEEN  IDENTIFIED  AS  A SCHOOL REQUIRING ACADEMIC
PROGRESS, A SCHOOL IN NEED OF IMPROVEMENT, OR  A  SCHOOL  IN  CORRECTIVE
ACTION OR RESTRUCTURING STATUS.
  (C)  SUCH  EDUCATIONAL  IMPACT STATEMENT SHALL BE MADE PUBLICLY AVAIL-
ABLE, INCLUDING VIA THE CITY BOARD'S OFFICIAL INTERNET  WEBSITE,  AND  A
COPY  SHALL  ALSO  BE  FILED WITH THE CITY BOARD, THE IMPACTED COMMUNITY
COUNCIL, COMMUNITY BOARDS, COMMUNITY SUPERINTENDENT,  AND  SCHOOL  BASED
MANAGEMENT  TEAM  AT  LEAST  SIX  MONTHS  IN ADVANCE OF THE FIRST DAY OF
SCHOOL IN THE SUCCEEDING SCHOOL YEAR.
  (D) NO SOONER THAN THIRTY DAYS, BUT  NO  LATER  THAN  FORTY-FIVE  DAYS
FOLLOWING THE FILING OF THE EDUCATIONAL IMPACT STATEMENT, THE CHANCELLOR
OR DEPUTY CHANCELLOR, OR IN THE CASE OF A PROPOSED SIGNIFICANT CHANGE IN
SCHOOL  UTILIZATION  THE CHANCELLOR OR HIS OR HER DESIGNEE, SHALL HOLD A
JOINT PUBLIC HEARING WITH THE  IMPACTED  COMMUNITY  COUNCIL  AND  SCHOOL
BASED  MANAGEMENT  TEAM,  AT  THE SCHOOL THAT IS SUBJECT TO THE PROPOSED
SCHOOL CLOSING OR SIGNIFICANT CHANGE IN SCHOOL  UTILIZATION,  AND  SHALL
ALLOW  ALL  INTERESTED  PARTIES  AN  OPPORTUNITY  TO PRESENT COMMENTS OR
CONCERNS REGARDING THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE  IN
SCHOOL  UTILIZATION.  THE  CHANCELLOR  SHALL  ENSURE THAT NOTICE OF SUCH

S. 126                             21

HEARING IS WIDELY AND CONSPICUOUSLY POSTED IN SUCH A MANNER TO  MAXIMIZE
THE  NUMBER  OF  AFFECTED  INDIVIDUALS  THAT  RECEIVE  NOTICE, INCLUDING
PROVIDING NOTICE TO AFFECTED PARENTS AND STUDENTS, AND SHALL ALSO NOTIFY
MEMBERS  OF  THE  COMMUNITY BOARDS AND THE ELECTED STATE AND LOCAL OFFI-
CIALS WHO REPRESENT THE AFFECTED COMMUNITY DISTRICT.
  (D-1) SO LONG AS THE REVISED PROPOSAL DOES NOT IMPACT ANY SCHOOL OTHER
THAN A SCHOOL THAT WAS IDENTIFIED  IN  THE  INITIAL  EDUCATIONAL  IMPACT
STATEMENT,  THE  CHANCELLOR,  AFTER RECEIVING PUBLIC INPUT, MAY SUBSTAN-
TIALLY REVISE THE PROPOSED  SCHOOL  CLOSING  OR  SIGNIFICANT  CHANGE  IN
SCHOOL  UTILIZATION PROVIDED THAT THE CHANCELLOR SHALL PREPARE A REVISED
EDUCATIONAL IMPACT STATEMENT, IN THE FORM PRESCRIBED IN PARAGRAPH (B) OF
THIS SUBDIVISION, AND PUBLISH AND FILE SUCH EDUCATIONAL IMPACT STATEMENT
IN THE SAME MANNER AS PRESCRIBED IN PARAGRAPH (C) OF  THIS  SUBDIVISION.
NO  SOONER THAN FIFTEEN DAYS FOLLOWING THE FILING OF SUCH REVISED EDUCA-
TIONAL IMPACT STATEMENT, THE CHANCELLOR OR DEPUTY CHANCELLOR, OR IN  THE
CASE OF A SIGNIFICANT CHANGE IN SCHOOL UTILIZATION THE CHANCELLOR OR HIS
OR  HER  DESIGNEE,  SHALL  HOLD A JOINT PUBLIC HEARING WITH THE IMPACTED
COMMUNITY COUNCIL AND SCHOOL BASED MANAGEMENT TEAM, AT THE  SCHOOL  THAT
IS  SUBJECT  TO  THE  PROPOSED  SCHOOL  CLOSING OR SIGNIFICANT CHANGE IN
SCHOOL UTILIZATION AND SHALL ALLOW ALL INTERESTED PARTIES AN OPPORTUNITY
TO PRESENT COMMENTS AND CONCERNS REGARDING SUCH PROPOSAL.  THE  CHANCEL-
LOR SHALL ENSURE THAT NOTICE OF SUCH HEARING IS WIDELY AND CONSPICUOUSLY
POSTED  IN  SUCH A MANNER TO MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS
THAT RECEIVE NOTICE, INCLUDING PROVIDING NOTICE TO AFFECTED PARENTS  AND
STUDENTS,  AND SHALL ALSO NOTIFY MEMBERS OF THE COMMUNITY BOARDS AND THE
ELECTED STATE AND LOCAL OFFICIALS WHO REPRESENT THE  AFFECTED  COMMUNITY
DISTRICT.
  (E) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVISION,
ALL  PROPOSED  SCHOOL CLOSINGS OR SIGNIFICANT CHANGES IN SCHOOL UTILIZA-
TION SHALL BE APPROVED BY THE CITY BOARD PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-G OF THIS ARTICLE AND SHALL NOT TAKE EFFECT UNTIL ALL THE
PROVISIONS OF THIS SUBDIVISION HAVE BEEN SATISFIED AND THE  SCHOOL  YEAR
IN WHICH SUCH CITY BOARD APPROVAL WAS GRANTED, HAS ENDED.
  (F)  IN THE EVENT THAT THE CHANCELLOR DETERMINES THAT A SCHOOL CLOSING
OR SIGNIFICANT CHANGE IN SCHOOL UTILIZATION IS IMMEDIATELY NECESSARY FOR
THE PRESERVATION OF STUDENT HEALTH, SAFETY OR GENERAL WELFARE, THE CHAN-
CELLOR MAY TEMPORARILY CLOSE A PUBLIC  SCHOOL  OR  ADOPT  A  SIGNIFICANT
CHANGE IN THE SCHOOL'S UTILIZATION ON AN EMERGENCY BASIS. SUCH EMERGENCY
SCHOOL  CLOSING  OR  SIGNIFICANT CHANGE IN SCHOOL UTILIZATION SHALL ONLY
REMAIN IN EFFECT FOR SIX MONTHS, DURING SUCH TIME THE  CHANCELLOR  SHALL
COMPLY  WITH  THE  REQUIREMENTS  OF  THIS  SUBDIVISION IN ORDER FOR SUCH
SCHOOL CLOSURE OR SIGNIFICANT CHANGE IN  SCHOOL  UTILIZATION  TO  EXTEND
BEYOND THE SIX MONTH PERIOD.
  3.  Subject  to  the  approval  of  the  city board, develop a plan to
provide for the establishment of comprehensive high schools  within  the
city  district  so that every community district shall have available to
its graduates further education and a comprehensive  high  school.  Such
plan  may  provide  for  the  conversion of academic and vocational high
schools and may be amended or modified from time to time.
  4. Appoint teacher-aides for the schools and programs under his or her
jurisdiction within the budgetary allocation therefor.
  5.  Retain  jurisdiction  over  all  employees  who  are  required  in
connection  with  the  performance of duties with respect to the design,
construction, operation and maintenance of all school buildings  in  the
city school district. Such employees shall have all rights accorded them
under  the  provisions  of  the  civil  service law, including manner of

S. 126                             22

appointment, classification, promotion, transfer and  removal  including
an  opportunity to be heard provided, however, that each custodian shall
be responsible for the performance of his OR HER duties to the principal
of the school who shall be responsible to the district superintendent.
  6.  Employ  or  retain counsel subject to the powers and duties of the
corporation counsel of the city of New York to be his  or  her  attorney
and  counsel  pursuant to subdivision a of section three hundred ninety-
four of the New York city charter; provided, however, that in actions or
proceedings between the city board or the chancellor  and  one  or  more
community  boards, the city board or the chancellor shall be represented
by the corporation counsel of the city of New York.
  7. To  continue  existing  voluntary  programs  or  to  establish  new
programs  under  which  students may choose to attend a public school in
another community district.
  8. Promulgate minimum clear educational standards, curriculum require-
ments and frameworks, and mandatory educational objectives applicable to
all schools and programs throughout the city district, and  examine  and
evaluate periodically all such schools and programs with respect to
  (i) compliance with such educational standards and other requirements,
and
  (ii)  the educational effectiveness of such schools and programs, in a
manner not inconsistent with the policies of the city board.
  9. Furnish community district education councils and  the  city  board
periodically  with  the results of such examinations and evaluations and
to make the same public.
  10. Require each community superintendent to  make  an  annual  report
covering  all matters relating to schools under the district's jurisdic-
tion including, but not limited to, the evaluation  of  the  educational
effectiveness of such schools and programs connected therewith.
  11.  Require  such community district education council or superinten-
dent to make such number of periodic reports  as  may  be  necessary  to
accomplish the purposes of this chapter.
  13.  Perform  the  following  functions  throughout the city district;
provided, however, that the chancellor and any community district educa-
tion council may agree that  any  such  function  may  be  appropriately
performed  by  the  community district education council with respect to
the schools and programs under its jurisdiction:
  (a) Technical assistance to community districts and schools;
  (b) Such warehouse space on a regional basis as he or  she  determines
to  be  necessary  or  appropriate after consultation with the community
superintendents;
  (c) Purchasing services on a city-wide, regional or community district
basis subject to subdivision thirty-six of this section;
  (d) Reinforce and foster connections to institutions of higher  educa-
tion to promote student achievement.
  14.  Develop  and furnish pre-service and in-service training programs
for principals and other employees  throughout  the  city  district.  In
addition,  the  chancellor  shall prepare and annually update a training
plan for  participating  parents,  and  school  personnel,  which  shall
include,  at  minimum,  such training as may be required for exercise of
their responsibilities,  full  participation  and  compliance  with  the
provisions  of  this  section. The chancellor shall, in addition, within
amounts appropriated, allocate sufficient  funds  directly  and  to  the
superintendents  for  teacher  and principal training to meet identified
needs for school improvement.

S. 126                             23

  15. Promote the involvement and appropriate input of  all  members  of
the school community pursuant to the provisions of this article, includ-
ing parents, teachers, and other school personnel, including:
  (a)  establishing a parents' association or a parent-teachers' associ-
ation in each school under the chancellor's jurisdiction;  and  ensuring
that  the  districts do the same; THE CHANCELLOR SHALL ENSURE THAT MEET-
INGS OF SUCH  PARENTS'  ASSOCIATIONS  OR  PARENT-TEACHERS'  ASSOCIATIONS
SHALL COMPLY WITH SECTION FOUR HUNDRED FOURTEEN OF THIS CHAPTER;
  (b)  pursuant  to a plan prepared in consultation with associations of
parents, and representatives of teachers, supervisors, paraprofessionals
and other school personnel within the city district, and promulgated  no
later  than  January  thirty-first,  nineteen  hundred ninety-eight, (i)
taking all necessary steps to ensure that no later than  October  first,
nineteen  hundred  ninety-nine,  the  city  district  and  the community
districts are in full compliance, and remain in  compliance  thereafter,
with  state  and  federal  law  and  regulations concerning school-based
management and shared decision-making, including section 100.11  of  the
commissioner's  regulations, in a manner which balances participation by
parents with participation by school personnel in advising in the  deci-
sions devolved to schools pursuant to sections twenty-five hundred nine-
ty-i and twenty-five hundred ninety-r of this article, and (ii) pursuant
to such plan providing for appropriate training to any parent and school
personnel  who participate in the [school-based] SCHOOL BASED management
and shared decision-making process;
  (b-1) school based management teams developed  pursuant  to  paragraph
(b) of this subdivision shall possess the following powers and duties:
  (i)  develop  an annual school comprehensive educational plan [that is
aligned with] AND CONSULT ON THE SCHOOL-BASED BUDGET PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-R OF THIS ARTICLE. SUCH SCHOOL  COMPREHENSIVE
EDUCATIONAL PLAN SHALL BE DEVELOPED CONCURRENTLY WITH THE DEVELOPMENT OF
THE  SCHOOL-BASED BUDGET SO THAT IT MAY INFORM THE DECISION-MAKING PROC-
ESS AND RESULT IN THE ALIGNMENT OF THE  COMPREHENSIVE  EDUCATIONAL  PLAN
AND  the [school based] SCHOOL-BASED budget FOR THE ENSUING SCHOOL YEAR.
Such plan shall be submitted to the [district] COMMUNITY  superintendent
ALONG  WITH THE PRINCIPAL'S WRITTEN JUSTIFICATION DEMONSTRATING THAT THE
SCHOOL-BASED BUDGET PROPOSAL IS ALIGNED WITH THE SCHOOL'S  COMPREHENSIVE
EDUCATIONAL PLAN AND THE SCHOOL BASED MANAGEMENT TEAM'S RESPONSE TO SUCH
JUSTIFICATION  PURSUANT  TO  PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION
TWENTY-FIVE HUNDRED NINETY-F OF THIS ARTICLE.  IN THE CASE  OF  SPECIAL-
IZED,  ACADEMIC,  VOCATIONAL,  AND OTHER HIGH SCHOOLS THAT ARE NOT UNDER
THE JURISDICTION OF A  COMMUNITY  SUPERINTENDENT,  SUCH  PLAN  SHALL  BE
SUBMITTED  TO  THE CHANCELLOR PURSUANT TO SUBDIVISION E OF SECTION TWEN-
TY-FIVE HUNDRED NINETY-R OF THIS ARTICLE.  THE CHANCELLOR  SHALL  ENSURE
THAT  THE COMPREHENSIVE EDUCATIONAL PLAN OF EVERY SCHOOL WITHIN THE CITY
DISTRICT  IS  EASILY  ACCESSIBLE  and  be  made  available  for   public
inspection INCLUDING VIA THE CITY BOARD'S OFFICIAL INTERNET WEBSITE;
  (ii)  hold at least one meeting per month during the school year. Each
monthly meeting shall be held at a  time  that  is  convenient  for  the
parent representatives;
  (iii)  provide  notice of monthly meetings that is consistent with the
open meetings law;
  (iv) have parent members of such teams make recommendations,  consist-
ent  with  the  chancellor's regulations, on the selection of the school
principal AND HAVE ALL MEMBERS BE CONSULTED PRIOR TO THE APPOINTMENT  OF
ANY PRINCIPAL CANDIDATE TO ITS SCHOOL;

S. 126                             24

  (v)  undergo  initial and ongoing training that will allow its members
to carry out their duties effectively; [and]
  (VI)  DISPUTE  ANY  DECISION  MADE  BY  THE PRINCIPAL TO THE COMMUNITY
SUPERINTENDENT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-F OF  THIS
ARTICLE  WHERE  MEMBERS  OF THE SCHOOL BASED MANAGEMENT TEAM, OTHER THAN
THE PRINCIPAL, REACH A CONSENSUS THAT THE DECISION IS INCONSISTENT  WITH
THE  GOALS AND POLICIES SET FORTH IN THE SCHOOL'S EXISTING COMPREHENSIVE
EDUCATIONAL PLAN; AND
  (VII) PROVIDE TO THE COMMUNITY SUPERINTENDENT AN ANNUAL ASSESSMENT  OF
THE  SCHOOL  PRINCIPAL'S  RECORD OF DEVELOPING AN EFFECTIVE SHARED DECI-
SION-MAKING RELATIONSHIP WITH SCHOOL BASED MANAGEMENT TEAM MEMBERS; AND
  (c) developing, in consultation with associations of  parents  in  the
city  district,  and  implementing no later than October first, nineteen
hundred ninety-eight, a parental bill of rights which provides  for,  at
minimum:
  (i)  reasonable  access  by  parents, persons in parental relation and
guardians to schools, classrooms, and academic and attendance records of
their own children, consistent with federal  and  state  laws,  provided
that  such  access does not disrupt or interfere with the regular school
process;
  (ii) the rights of parents, persons in parental relation and guardians
to take legal action and appeal the decisions  of  the  school  adminis-
tration, as authorized by law;
  (iii) the right of parents, persons in parental relation and guardians
to have information on their own child's educational materials;
  (iv)  access to and information about all public meetings, hearings of
the chancellor, the  city  board,  the  community  superintendents,  the
community district education councils, and the schools; and
  (v)  access  to  information regarding programs that allow students to
apply for admission where appropriate to schools outside a student's own
attendance zone.
  16. Promulgate such rules and regulations as he or she  may  determine
to  be  necessary  or convenient to accomplish the purposes of this act,
not inconsistent with the provisions of this article and  the  city-wide
educational policies of the city board.
  16-a.  Create standards, policies, and objectives and promulgate regu-
lations directly related to maintaining the internal fiscal integrity of
administrative operations by the chancellor,  the  community  districts,
and the schools.
  17.  Possess  those powers and duties described in section twenty-five
hundred fifty-four of this title, the exercise of which shall  be  in  a
manner  not  inconsistent  with  the  provisions of this article and the
city-wide educational policies of the city board.
  18. Possess those powers and duties contained in section nine  hundred
twelve  of  this chapter and those provisions of article fifteen of this
chapter which relate to non-public  schools,  those  powers  and  duties
contained  in section five hundred twenty-two of the New York city char-
ter, and those powers and duties contained in article  seventy-three  of
this  chapter, the exercise of which shall be in a manner not inconsist-
ent with the provisions of this article and  the  city-wide  educational
policies of the city board.
  19.  Delegate  any of his or her powers and duties to such subordinate
officers or employees as he or she deems appropriate and  to  modify  or
rescind any power and duty so delegated.
  20.  Ensure compliance with qualifications established for all person-
nel employed in the city district, including the taking of  fingerprints

S. 126                             25

as  a  prerequisite  for  licensure and/or employment of such personnel.
Every set of fingerprints taken pursuant to this  subdivision  shall  be
promptly submitted to the division of criminal justice services where it
shall  be appropriately processed. Furthermore, the division of criminal
justice services is authorized to submit the fingerprints to the federal
bureau of investigation for a national criminal history record check.
  21. Perform the functions of the bureau of audit throughout  the  city
district, including ensuring compliance with subdivisions thirty-six and
thirty-seven of this section.
  22.  Establish  uniform  procedures for record keeping, accounting and
reporting throughout the city district, including pupil record  keeping,
accounting and reporting.
  23. Develop an educational facilities master plan, and revisions ther-
eto, as defined in section twenty-five hundred ninety-o of this article.
  24.  Develop  and implement a five-year educational facilities capital
plan, and amendments thereto, as defined in section twenty-five  hundred
ninety-p  of  this  article. The chancellor shall also appoint a person,
who reports directly to the chancellor or his or her designee, to assist
in the development and implementation of such plan and amendments there-
to and to oversee the school buildings program.
  25. On the chancellor's own initiative, or at the request of a  commu-
nity superintendent, transfer a principal employed by a community school
district pursuant to an agreement with the employee organization repres-
enting  such  principals. The chancellor shall establish a procedure for
consulting with affected parents to explain any such transfer.  Consist-
ent with section twenty-five hundred ninety-i of this article, including
without limitation subdivision three thereof, and subdivision one there-
of with respect to the rights and obligations of a  school  to  which  a
principal is transferred, in addition to any other law providing for the
transfer  of  principals,  the chancellor also may cause the transfer or
removal of principals for persistent educational failure,  conflicts  of
interest,  and  ethics violations, and may require principals to partic-
ipate in training and other  remedial  programs  to  address  identified
factors affecting student achievement and school performance.
  26.  Establish  educational and experience qualifications and require-
ments for all custodial positions including, but not limited to,  custo-
dians  and  custodial engineers and develop standards for evaluating the
performance of all such individuals, subject to  approval  of  the  city
board.  Such performance standards shall include, but not be limited to:
the cleanliness of facilities; adequacy and timeliness of minor repairs;
maintenance of good working order of  facilities  and  grounds;  general
facilities  improvement;  and  emergency  services. The chancellor shall
promulgate regulations setting forth the respective responsibilities  of
the district plant manager, which shall include regular consultation and
ongoing  reports  to  the community superintendent, and the principal of
each school for evaluating the performance of  the  custodial  employees
assigned to his or her school, in accordance with such performance stan-
dards,  and  such performance evaluations shall be given dominant weight
in any decision for the purposes of: advancement; continued  employment;
building transfers; and other performance incentives. The responsibility
of the principal of each school in the evaluation of custodial employees
may  be  a  matter  for collective bargaining with collective bargaining
representatives for principals.
  27. [Develop] PROMULGATE REGULATIONS, in conjunction with each  commu-
nity  superintendent, ESTABLISHING a plan for providing access to school
facilities in each community school district, when not in use for school

S. 126                             26

purposes, in accordance with the  provisions  of  section  four  hundred
fourteen  of this chapter. Such plan shall set forth a reasonable system
of fees not to exceed the actual costs and specify that no part  of  any
fee shall directly or indirectly benefit or be deposited into an account
which inures to the benefit of the custodians or custodial engineers.
  29.  Promulgate  regulations establishing educational, managerial, and
administrative qualifications, performance record criteria, and perform-
ance standards for the positions of superintendent and principal.
  30. Select and appoint a community superintendent, in compliance  with
the  qualifications  required by subdivision twenty-nine of this section
and subject to the provisions of subdivision two of section  twenty-five
hundred  ninety-j  of  this article, AND IN CONSULTATION WITH THE CORRE-
SPONDING COMMUNITY DISTRICT EDUCATION COUNCIL, at a salary to  be  fixed
within the budgetary allocation therefor.
  31.  Intervene in any district or school which is persistently failing
to achieve educational results and standards approved by the city  board
or  established  by the state board of regents, or has failed to improve
its educational results and student achievement in accordance with  such
standards  or  state  or  city  board  requirements, or in any school or
district in which there exists, in the chancellor's judgment, a state of
uncontrolled or unaddressed violence. The chancellor may, in addition to
exercising any other powers authorized by  this  article,  require  such
school  principal,  or district as the case may be, to prepare a correc-
tive action plan, with a timetable for implementation of steps  accepta-
ble  to  the  chancellor to reach improvement goals consistent with city
board standards and educational results. The chancellor may require  the
school  or  district  to alter or improve the corrective action plan, or
may directly modify the plan. The chancellor shall  monitor  implementa-
tion  of the plan, and, if the school or district fails to implement it,
may supersede any inconsistent decision of the school principal,  commu-
nity  district  education  council  or  community superintendent; assume
joint or direct control of the operation of the school  or  district  to
implement  the  corrective action plan; or take any other action author-
ized by this article. Any action  of  the  chancellor  to  supercede  an
inconsistent decision of the school principal, community district educa-
tion  council  or community superintendent, or to assume joint or direct
control of the operation of the school  or  district  pursuant  to  this
subdivision may be appealed to the city board in accordance with section
twenty-five hundred ninety-g of this article.
  32.  Appoint  a  deputy,  for  each  borough  of the city of New York,
responsible for coordinating and  periodically  meeting  and  consulting
with the borough president, the chancellor and the community superinten-
dents  in  the borough on borough-specific issues and issues of borough-
wide significance, including the provision of  services  in  support  of
schools  and  community  districts  such  as transportation, purchasing,
capital planning, and coordination with municipal services, and chancel-
lor and city board policy with respect to the high schools.
  33. Require community school board members to participate in  training
and  retraining  in order to promote district and school performance and
student achievement, as a continuing condition for membership.
  35. Take all necessary steps to promote the effectiveness and integri-
ty of school-based budgeting pursuant  to  section  twenty-five  hundred
ninety-r  of this article, including the obligations imposed by subdivi-
sion thirty-seven of this section.
  36. Develop a procurement policy for the city school district  of  the
city  of  New York and the COMMUNITY districts and public schools there-

S. 126                             27

in[. Such policy shall] TO ensure the wise and  prudent  use  of  public
money  in the best interest of the taxpayers of the state; guard against
favoritism,  improvidence,  extravagance,  fraud,  and  corruption;  and
ensure  that  contracts are awarded consistent with law and on the basis
of best value, including, but not limited to,  the  following  criteria:
quality, cost and efficiency.
  (A) Such POLICY SHALL SPECIFICALLY INCLUDE:
  (I) A COMPETITIVE SEALED BIDDING PROCESS FOR THE AWARDING OF CONTRACTS
IN  WHICH  SEALED  BIDS  ARE  PUBLICLY  SOLICITED  AND OPENED AND THAT A
CONTRACT IS AWARDED TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER;
  (II) PROCESSES FOR AWARDING CONTRACTS USING  ALTERNATIVES  TO  COMPET-
ITIVE SEALED BIDDING WHERE COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE
OR  NOT  ADVANTAGEOUS,  IN  WHICH  CASE THE MOST COMPETITIVE ALTERNATIVE
METHOD OF PROCUREMENT, WHICH IS  APPROPRIATE  UNDER  THE  CIRCUMSTANCES,
SHALL BE USED CONSISTENT  WITH THE REQUIREMENTS OF SUBPARAGRAPH (VII) OF
THIS PARAGRAPH;
  (III)  MEASURES  TO  ENHANCE  THE  ABILITY OF MINORITY AND WOMEN OWNED
BUSINESS ENTERPRISES TO COMPETE FOR CONTRACTS AND TO ENSURE THEIR  MEAN-
INGFUL PARTICIPATION IN THE PROCUREMENT PROCESS;
  (IV)  THE  MANNER  FOR  ADMINISTERING  CONTRACTS  AND  OVERSEEING  THE
PERFORMANCE OF CONTRACTS AND CONTRACTORS;
  (V) STANDARDS AND PROCEDURES TO BE USED IN DETERMINING WHETHER BIDDERS
ARE RESPONSIBLE;
  (VI) CIRCUMSTANCES  UNDER  WHICH  PROCUREMENT  MAY  BE  USED  FOR  THE
PROVISION OF TECHNICAL, CONSULTANT OR PERSONAL SERVICES;
  (VII)  REQUIRING  WRITTEN  JUSTIFICATION  FOR THE BASIS, INCLUDING THE
EFFICIENCY, BENEFIT,  AND  NECESSITY,  FOR  AWARDING  A  CONTRACT  USING
PROCUREMENT  METHODS  OTHER  THAN  COMPETITIVE  SEALED BIDDING INCLUDING
COMPETITIVE SEALED PROPOSALS AND SOLE SOURCE CONTRACTS, AND FOR AWARDING
TECHNICAL, CONSULTANT, OR PERSONAL SERVICES CONTRACTS, FRANCHISES, REVO-
CABLE CONSENTS, OR CONCESSIONS.  SUCH  WRITTEN  JUSTIFICATION  SHALL  BE
FILED WITH THE COMPTROLLER OF THE CITY OF NEW YORK ALONG WITH THE CORRE-
SPONDING CONTRACT, FRANCHISE, REVOCABLE CONSENT, OR CONCESSION;
  (VIII)  MAINTAINING  A  FILE  FOR  EVERY CONTRACT FRANCHISE, REVOCABLE
CONSENT, AND CONCESSION CONTAINING INFORMATION PERTAINING TO THE  SOLIC-
ITATION,  AWARD AND MANAGEMENT OF EVERY SUCH CONTRACT OR AGREEMENT. SUCH
FILE SHALL CONTAIN COPIES  OF  EACH  DETERMINATION,  WRITING  OR  FILING
REQUIRED BY THIS SUBDIVISION AND SHALL BE OPEN TO PUBLIC INSPECTION WITH
ADEQUATE PROTECTION FOR INFORMATION WHICH IS CONFIDENTIAL;
  (IX)  A PROCESS FOR THE FILING OF ALL CONTRACTS, FRANCHISES, REVOCABLE
CONSENTS, AND CONCESSIONS WITH THE COMPTROLLER OF THE CITY OF NEW YORK;
  (X) A PROCESS FOR EMERGENCY PROCUREMENT IN THE CASE OF  AN  UNFORESEEN
DANGER  TO  LIFE,  SAFETY, PROPERTY OR A NECESSARY SERVICE PROVIDED THAT
SUCH PROCUREMENT SHALL BE MADE WITH SUCH COMPETITION AS  IS  PRACTICABLE
UNDER  THE  CIRCUMSTANCES  AND THAT A WRITTEN DETERMINATION OF THE BASIS
FOR THE EMERGENCY PROCUREMENT SHALL BE REQUIRED AND FILED WITH THE COMP-
TROLLER OF THE CITY OF NEW YORK WHEN SUCH EMERGENCY  CONTRACT  IS  FILED
WITH SUCH COMPTROLLER; AND
  (XI)  PROCEDURES  FOR  THE  FAIR  AND EQUITABLE RESOLUTION OF CONTRACT
DISPUTES.
  (B) CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION  SUCH  policy  shall also include: [(a)] (I) standards for quality,
function, and utility of all  material  goods,  supplies,  and  services
purchased  by  the  chancellor,  superintendents, or schools; [(b) regu-
lations for the purchase of material goods, supplies,  and  services  by
the  chancellor, the superintendents, and the schools, including clearly

S. 126                             28

articulated procedures which require a clear statement of product  spec-
ifications, requirements or work to be performed, a documentable process
of  soliciting bids, proposals, or other offers, and a balanced and fair
method,  established  in  advance  of  receipt of offers, for evaluating
offers and awarding contracts; (c)] (II) regulations which enable super-
intendents  and  schools  to  purchase  material  goods,  supplies,  and
services  directly  from  vendors  or  suppliers  when such products are
available at prices or other terms more economically beneficial for  the
purposes  of  the  acquiring  superintendent  or school; and [(d)] (III)
regulations shall include repair  services  and  building  supplies,  as
defined in such regulations, for expenditures from each district's minor
repair  and  purchasing  funds  pursuant  to section twenty-five hundred
ninety-r of this article.
  (C) THE CHANCELLOR SHALL BE RESPONSIBLE FOR CERTIFYING THAT THE PROCE-
DURAL REQUISITES PURSUANT TO THIS SUBDIVISION  AND  SECTION  TWENTY-FIVE
HUNDRED  NINETY-G OF THIS ARTICLE HAVE BEEN MET, PRIOR TO THE FILING ANY
CONTRACT AWARDED BY A PROCUREMENT METHOD OTHER THAN  COMPETITIVE  SEALED
BIDDING,  OR  PRIOR  TO  FILING  ANY  TECHNICAL, CONSULTANT, OR PERSONAL
SERVICES CONTRACT, FRANCHISE, REVOCABLE CONSENT, OR CONCESSION WITH  THE
COMPTROLLER  OF  THE  CITY  OF NEW YORK. THE CORPORATION COUNSEL FOR THE
CITY OF NEW YORK SHALL CERTIFY PRIOR TO THE FILING OF SUCH  CONTRACT  OR
AGREEMENT  WITH  THE  COMPTROLLER OF THE CITY OF NEW YORK, THAT THE CITY
DISTRICT HAS LEGAL AUTHORITY TO AWARD EACH SUCH CONTRACT OR AGREEMENT.
  (D) (I) NO CONTRACT, FRANCHISE, REVOCABLE CONSENT OR CONCESSION  SHALL
BE  IMPLEMENTED  UNTIL A COPY HAS BEEN FILED WITH THE COMPTROLLER OF THE
CITY OF NEW YORK AND EITHER SUCH COMPTROLLER HAS REGISTERED IT OR THIRTY
DAYS HAVE ELAPSED FROM THE DATE OF FILING, WHICHEVER IS  SOONER,  UNLESS
AN OBJECTION HAS BEEN FILED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARA-
GRAPH,  OR  THE  COMPTROLLER OF THE CITY OF NEW YORK HAS GROUNDS FOR NOT
REGISTERING SUCH CONTRACT OR AGREEMENT UNDER SUBPARAGRAPH (II)  OF  THIS
PARAGRAPH.
  (II)  SUBJECT  TO  THE  PROVISIONS OF SUBPARAGRAPH (III) OF THIS PARA-
GRAPH, THE COMPTROLLER OF THE CITY  OF  NEW  YORK  SHALL  REGISTER  SUCH
CONTRACT  OR  AGREEMENT  WITHIN  THIRTY DAYS UNLESS SUCH COMPTROLLER HAS
INFORMATION INDICATING THAT:
  (1) THERE REMAINS NO UNEXPENDED AND UNAPPLIED BALANCE OF THE APPROPRI-
ATION OR FUND  APPLICABLE  THERETO,  SUFFICIENT  TO  PAY  THE  ESTIMATED
EXPENSE OF EXECUTING SUCH CONTRACT OR AGREEMENT;
  (2)  A  CERTIFICATION REQUIRED PURSUANT TO THIS PARAGRAPH HAS NOT BEEN
MADE; OR
  (3) THE PROPOSED VENDOR HAS BEEN DEBARRED BY THE CITY OF NEW YORK.
  (III) THE COMPTROLLER OF THE CITY OF NEW YORK MAY, WITHIN THIRTY  DAYS
OF  THE  DATE OF FILING OF THE CONTRACT, FRANCHISE, REVOCABLE CONSENT OR
CONCESSION WITH HIS OR HER OFFICE, OBJECT IN WRITING TO THE REGISTRATION
OF SUCH CONTRACT OR AGREEMENT, IF IN SUCH COMPTROLLER'S  JUDGMENT  THERE
IS SUFFICIENT REASON TO BELIEVE THAT THERE IS POSSIBLE CORRUPTION IN THE
LETTING OF SUCH CONTRACT OR AGREEMENT OR THAT THE PROPOSED CONTRACTOR IS
INVOLVED  IN  CORRUPT ACTIVITY. SUCH OBJECTION SHALL BE DELIVERED WITHIN
SUCH THIRTY DAY PERIOD TO THE MAYOR OF THE  CITY  OF  NEW  YORK  SETTING
FORTH IN DETAIL THE GROUNDS FOR THE NEW YORK CITY COMPTROLLER'S DETERMI-
NATION.    THE MAYOR OF THE CITY OF NEW YORK MAY REQUIRE REGISTRATION OF
THE CONTRACT OR  AGREEMENT  DESPITE  THE  NEW  YORK  CITY  COMPTROLLER'S
OBJECTIONS  IF  THE  MAYOR OF THE CITY OF NEW YORK HAS RESPONDED TO SUCH
COMPTROLLER'S OBJECTIONS IN WRITING, INDICATING:
  (1) THE CORRECTIVE ACTIONS IF ANY, THAT HAVE BEEN  TAKEN  OR  WILL  BE
TAKEN IN RESPONSE TO SUCH COMPTROLLER'S OBJECTIONS, OR

S. 126                             29

  (2)  THE  REASONS WHY THE MAYOR OF THE CITY OF NEW YORK DISAGREES WITH
SUCH COMPTROLLER'S OBJECTIONS.
  SUCH  RESPONSE BY THE MAYOR OF THE CITY OF NEW YORK SHALL NOT SERVE AS
THE BASIS FOR FURTHER OBJECTION BY THE NEW YORK  CITY  COMPTROLLER,  AND
SUCH  COMPTROLLER  SHALL  REGISTER  THE  CONTRACT,  FRANCHISE, REVOCABLE
CONSENT OR CONCESSION WITHIN TEN DAYS OF RECEIPT OF  THE  MAYOR  OF  THE
CITY OF NEW YORK'S RESPONSE.
  (E)  THE  REQUIREMENTS  OF  PARAGRAPHS (C) AND (D) OF THIS SUBDIVISION
SHALL NOT APPLY TO AN EMERGENCY CONTRACT AWARDED  PURSUANT  TO  SUBPARA-
GRAPH  (X) OF PARAGRAPH (A) OF THIS SUBDIVISION, PROVIDED THAT THE CHAN-
CELLOR SHALL COMPLY WITH THE REQUIREMENTS OF PARAGRAPHS (C) AND  (D)  OF
THIS SUBDIVISION AS SOON AS PRACTICABLE.
  37.  Establish guidelines and a system of internal controls, including
internal administrative controls and internal accounting controls,  with
provisions  for  internal  audits,  as such terms are defined in section
nine hundred fifty of the executive law. Such system shall also  include
a  system of internal control review designed to identify weaknesses and
identify actions to rectify them; a clear and concise statement  of  the
generally applicable management policies and standards made available to
each officer and employee relevant to fiscal and expenditure control, in
addition  to  education  and  training efforts to ensure adequate under-
standing of internal control standards and  evaluation  techniques;  and
the  designation  of  an  internal  control  officer  for each community
district, each of whom shall report to the chancellor  and  the  auditor
general, to execute a regular internal audit function, which shall oper-
ate  in  accordance with generally accepted governmental auditing stand-
ards. The internal auditors for the community districts shall operate in
cooperation with the auditor general, appointed by the  chancellor,  who
shall,  in  addition  to the functions of the internal auditors, monitor
and conduct random audits of school districts at least  once  every  two
years   for  fraud,  waste,  and  mismanagement.    Notwithstanding  any
provision of state law or state or city regulation, the  internal  audi-
tors, and the auditor general, shall be entitled, upon their request, to
all  and  any  documents  and materials bearing in their judgment on the
finances and cost-effectiveness of the schools and the school  districts
that  is  in  the possession of the community districts, the schools, or
any officer thereof.
  38. To exercise all of the duties and responsibilities of the  employ-
ing  board as set forth in section three thousand twenty-a of this chap-
ter with respect to any member of the teaching or supervisory  staff  of
schools under the jurisdiction of the community district education coun-
cils. The chancellor shall exercise all such duties and responsibilities
for  all  community  districts  or may delegate the exercise of all such
duties and responsibilities to all of the community  superintendents  of
the city district.
  38-a.  To  exercise  all  of  the  duties  and responsibilities of the
employing board as set forth in section three thousand twenty-a of  this
chapter  with respect to any member of the teaching or supervisory staff
of schools which are not covered under subdivision thirty-eight of  this
section.  Provided, however that the city board shall maintain jurisdic-
tion over any consequence resulting from an employee waiver of  a  hear-
ing,  as  provided  for  in  paragraph (d) of subdivision two of section
three thousand twenty-a of this chapter.
  39. (a) Prescribe regulations and by-laws  requiring  members  of  the
city board, the chancellor, and any other officer or employee in schools
and programs under the jurisdiction of the city board and the chancellor

S. 126                             30

to  make  annual  written disclosure to the chancellor, of the following
information:
  (i)  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] (E)  of  subdivision  four  of  section  twenty-five
hundred  ninety-j of this article, with a notation of the date such vote
was taken.
  (ii) the source of any income, reimbursement, gift, or other  form  of
compensation  for services rendered, together with a description of such
services.
  (b) The chancellor shall review, at least  once  annually,  compliance
with  the  requirements  of subdivisions five and six of section twenty-
five hundred  ninety-e  of  this  article  and  regulations  or  by-laws
prescribed in this subdivision. Any community district education council
member,  community superintendent, or other officer or employee required
to make disclosure, who fails to make such disclosure, shall be notified
in writing of his or her failure to do so and given thirty  days  within
which to comply.
  (d)  Willful  failure to make full and timely disclosure shall consti-
tute cause for removal from office of any member of the  city  board  or
for  any  other  officer  or employee disciplinary action and such other
penalty as may be provided by law.
  (e) Disclosures made pursuant to the requirements of this  subdivision
and any notification of failure to make disclosures shall be made avail-
able  for  public  inspection  during  regular business hours on regular
business days.
  40. (a) Prescribe regulations and by-laws  requiring  members  of  the
city board, the chancellor, and, for good cause shown, any other officer
or  employee  in schools and programs under the jurisdiction of the city
board and the chancellor, to submit to the chancellor, in the discretion
of the chancellor, financial reports for themselves and their spouses.
  (b) The frequency and period of coverage, the designation  of  persons
to submit such reports by name, title, or income level, or by a combina-
tion  thereof, and the content of such reports, including minimum dollar
amounts, shall be determined by the chancellor,  and  such  reports  may
include but not necessarily be limited to the following:
  (i) amount and source of income for services rendered, together with a
description of such services;
  (ii)  amount  and  source  of gifts, capital gains, reimbursements for
expenditures, and honoraria;
  (iii) investments in securities and real property;
  (iv) amount of debts and names of creditors;
  (v) outstanding loans and other forms of indebtedness  due  to  person
reporting or spouse, by name and amounts; and
  (vi)  trusts  and  other  fiduciary  relationships and their assets in
which a beneficial interest is held.
  (c) Willful failure to file required financial reports  shall  consti-
tute  cause  for  removal from office of any member of the city board or
for any other officer or employee disciplinary  action  and  such  other
penalty as may be provided by law.
  41.  Appoint  and set salaries for staff in non-represented managerial
titles.
  42. (a) To dispose of such personal property used in the  schools  and
other  buildings  of  the  city of New York under the charge of the city

S. 126                             31

board as shall no longer be required for use therein.  Such  disposition
shall be made in the name of the city of New York and for such city.
  (b)  The  chancellor  may  sell, at prices as may be agreed upon, such
manufactured articles or other products of any school of  the  district,
day  and  evening,  as  may  not  be utilized by the city board, and all
moneys realized by the sale thereof shall be paid into the city treasury
and shall at once be appropriated by the city to a special  fund  to  be
administered  by  the city board for such purposes as such board, in its
discretion, may determine. All other moneys  realized  by  the  sale  of
personal property shall be paid into the city treasury and shall at once
be appropriated by the city to the special school fund of the city board
for use in the borough in which the property sold was situated.
  (c) Such method of disposal shall be deemed not to apply to the dispo-
sition  of  school  books  pursuant  to  subdivision forty-three of this
section.
  43. To dispose of, to the best advantage of  the  city  of  New  York,
either  by  sale or on the basis of money allowance for waste paper, all
books delivered to the several public schools of  such  city  that  have
been discarded either by reason of being obsolete, no longer required by
the  course  of  study, worn by long usage, or mutilated by accident. If
disposal is made by sale, it shall be to the  highest  bidder,  and  the
money realized shall be paid into the city treasury and shall at once be
appropriated  by  the  city to the special school fund of the city board
entitled "supplies". If disposal is made on the basis of money allowance
for waste paper, it shall be to the highest bidder. Such discarded books
may be disposed of without public advertisement or entry into  a  formal
contract.  Should  the discarded books be in such condition that no sale
or exchange can be made, or should there be reason to believe that  such
discarded  books  have become infected through disease among the pupils,
or should the superintendent of  schools  certify  that  such  discarded
books  contain  erroneous,  inaccurate,  obsolete, or antiquated subject
matter, illustrations, maps, charts, or other material, the committee on
supplies of the board of education, if such books cannot be sold,  given
away,  or otherwise salvaged as waste paper without danger to the public
health, may authorize their destruction by  fire,  in  which  event  the
superintendent  of  school  supplies shall obtain and file in his or her
office a certificate that such books have been so destroyed,  signed  by
the principal of the school in which the books are located.
  44. To provide the proper book or books in which he or she shall cause
the  class teachers under the direction and supervision of the principal
to enter the names, ages, and residences of  the  pupils  attending  the
school,  the  name of the parent or guardian of each pupil, and the days
on which the pupils shall have attended respectively, and the  aggregate
attendance  of  each  pupil during the year, and also the day upon which
the school shall have been visited by the superintendent of  schools  or
by an associate superintendent of schools or by an assistant superinten-
dent,  or  by  members of the city board, or by members of the community
district education council, or by any of  them,  which  entry  shall  be
verified  by  such  oath  or  affirmation  of  the  principal  as may be
prescribed by the chancellor. Such books shall be preserved as the prop-
erty of the chancellor and shall at all times be open to  inspection  by
members  of  the city board, by members of the community councils and by
the superintendent of schools, or by  any  associate  superintendent  of
schools, or by the assistant superintendents.
  45. Make rules and regulations for the conduct, operation, and mainte-
nance  of  extra classroom activities and for the safeguarding, account-

S. 126                             32

ing, and audit of all moneys received and derived therefrom. In the case
of any extra classroom activity as it shall deem  proper,  and  notwith-
standing  the  provisions  of section twenty-five hundred thirty of this
title,  it  may  direct  that  the  moneys  received or derived from the
conduct, operation, or maintenance of such an extra  classroom  activity
be  deposited with the auditor, who in such event shall be the treasurer
of such an extra classroom activity, the moneys of which are required to
be so deposited. In the procurement of articles  and  services  for  the
conduct,  operation,  and  maintenance  of  a  cafeteria  or  restaurant
service, the chancellor shall be subject  to  applicable  provisions  of
law, except that said chancellor need not have duly advertised for esti-
mates  in  order  to contract for such articles or services in an amount
exceeding one thousand dollars. The chancellor shall also have power  to
assign any officers or employees to perform such duties as he or she may
prescribe  in  connection with an extra classroom activity and to desig-
nate such officers and employees when so assigned from whom a bond shall
be required for faithful performance of their duties and to fix the  sum
in which each such bond shall be given.
  46.  To maintain, through such representatives as he or she may desig-
nate, an effective visitation and inspection of all schools and  classes
maintained in institutions controlled by the department of correction of
the city of New York.
  47.  To assign, in his or her discretion, one or more employees of the
city board to serve as trial examiner with  power  to  conduct  investi-
gations  and  hearings  on behalf of the chancellor. Each trial examiner
shall report the result of any such  investigation  or  hearing  to  the
chancellor.
  48.  TO  HOLD A PUBLIC MEETING IN EACH COMMUNITY DISTRICT, IN CONJUNC-
TION WITH THE COMMUNITY DISTRICT EDUCATION COUNCIL, DURING  A  TWO  YEAR
PERIOD,  BEGINNING  WITH  THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL
YEAR, IN ORDER TO REPORT ON PUBLIC SCHOOL FINANCES, STUDENT PERFORMANCE,
AND EDUCATIONAL GOALS AND PRIORITIES OF THE CITY DISTRICT AND TO RECEIVE
AND RESPOND TO PUBLIC COMMENTS AND CONCERNS. THE CHANCELLOR SHALL DIRECT
THE COMMUNITY SUPERINTENDENT TO PROVIDE PUBLIC NOTICE OF SUCH MEETING IN
ORDER TO MAXIMIZE THE PARTICIPATION OF PARENTS, STUDENTS, AND ALL  OTHER
INTERESTED PARTIES.
  49.  TO  PROVIDE INFORMATION, DATA, ESTIMATES AND STATISTICS REGARDING
ALL MATTERS RELATING TO THE CITY DISTRICT AS REQUESTED BY  THE  DIRECTOR
OF  THE  INDEPENDENT  BUDGET OFFICE OF THE CITY OF NEW YORK OR THE COMP-
TROLLER OF THE CITY OF NEW YORK, IN A TIMELY FASHION.
  50. TO ISSUE AN ANNUAL REPORT ON THE  PARTICIPATION  OF  MINORITY  AND
WOMEN  OWNED  BUSINESS  ENTERPRISES  IN  THE CITY DISTRICT'S PROCUREMENT
PROCESS INCLUDING THE NUMBER OF CONTRACTS AWARDED TO MINORITY AND  WOMEN
OWNED BUSINESS ENTERPRISES, THE PERCENT OF CONTRACTS AWARDED TO MINORITY
AND  WOMEN  OWNED  BUSINESS  ENTERPRISES OF THE TOTAL NUMBER OF ALL CITY
DISTRICT CONTRACTS, THE AGGREGATE VALUE  OF  ALL  CONTRACTS  AWARDED  TO
MINORITY  AND  WOMEN  OWNED BUSINESS ENTERPRISES, AND THE PERCENT OF THE
AGGREGATE VALUE OF CONTRACTS AWARDED TO MINORITY AND WOMEN  OWNED  BUSI-
NESS  ENTERPRISES  OF  THE  TOTAL  AGGREGATE  VALUE OF ALL CITY DISTRICT
CONTRACTS.
  51.   PROPOSE A POLICY FOR  CITY  BOARD  APPROVAL  THAT  PROMOTES  THE
RECRUITMENT AND RETENTION OF A WORKFORCE AT THE CITY DISTRICT, COMMUNITY
DISTRICT,  AND SCHOOL LEVEL THAT CONSIDERS THE DIVERSITY OF THE STUDENTS
ATTENDING THE PUBLIC SCHOOLS WITHIN THE CITY  DISTRICT.  THE  CHANCELLOR
SHALL  ISSUE AN ANNUAL REPORT OUTLINING THE INITIATIVES TAKEN TO ENHANCE
DIVERSITY AND EQUITY IN RECRUITMENT AND RETENTION  AND  THE  IMPACTS  OF

S. 126                             33

SUCH  INITIATIVES  TO  THE  WORKFORCE  AT  THE  CITY DISTRICT, COMMUNITY
DISTRICT AND SCHOOL LEVEL.
  S  8.  Section 2590-i of the education law, as added by chapter 720 of
the laws of 1996, paragraph (c) of subdivision 2 as amended  by  chapter
91 of the laws of 2002, is amended to read as follows:
  S 2590-i. Powers and duties of schools; principals; provisions for the
transfer  of jurisdiction of high schools. 1. The principal shall be the
administrative and instructional leader of the school.   Subject to  the
regulations  of  the  chancellor  and  applicable  collective bargaining
agreements and obligations, the principal shall be responsible  for  the
day  to  day operation of the school and shall carry out these duties in
consultation with parents, teachers and  other  staff,  AND  THE  SCHOOL
BASED  MANAGEMENT  TEAM pursuant to section twenty-five hundred ninety-h
of this article including:
  (a) promote an equal  educational  opportunity  for  students  in  the
school,
  (b)  subject to school-based budgeting pursuant to section twenty-five
hundred ninety-r of this article,
  (c) subject to collective bargaining obligations and  agreements,  the
budget  applicable to the school, and the other provisions of this arti-
cle including section twenty-five hundred ninety-j of this  article,  to
make recommendation on staff selection, including through the establish-
ment  of  appropriate  objective  criteria  consistent with chancellor's
regulations for filling vacancies based upon the school's  instructional
and facility needs,
  (d)  subject to the standards and assessments promulgated by the chan-
cellor, to develop school-based curricula and syllabi  for  instruction,
and  to  address  other matters relating to the instruction of students,
including the selection of texts from lists approved by  the  chancellor
and  instructional materials, consistent with regulations of the commis-
sioner, and subject to the approval of the superintendent, or chancellor
in the case of schools under the jurisdiction of the city board,
  (e) subject to the approval of the superintendent, or, where appropri-
ate, the chancellor and within the limits of funds made available there-
for, to enhance teacher and staff  development  relevant  to  increasing
student  achievement,  support  extended  day  programs,  school  reform
programs, and pupil-support services,
  (f) enhance pupil support services by coordinating related programs,
  (g) to make or arrange for minor repairs as delegated by the  chancel-
lor  or  superintendent pursuant to regulations of the chancellor, or as
otherwise authorized by law subject to subdivisions thirty-six and thir-
ty-seven of section twenty-five hundred ninety-h of this article,
  (h) subject to subdivisions thirty-six  and  thirty-seven  of  section
twenty-five  hundred  [nine-h] NINETY-H of this article, identifying and
purchasing equipment and supplies that can be purchased for less than if
purchased through purchasing arrangements entered into through the  city
board, the chancellor or the superintendent,
  (i)  to  manage  and  operate the school building and other facilities
under its jurisdiction.
  2. (a) The principal may be removed or transferred by the  superinten-
dent  or the chancellor for persistent educational failure of the school
or other cause. Removals may be caused pursuant to section  three  thou-
sand  twenty-a  of  this  chapter if applicable. Transfers may be caused
pursuant to subdivision twenty-five of section twenty-five hundred nine-
ty-h of this article. Any such removal or transfer may  be  appealed  to
the  city  board,  during  which  time the superintendent may appoint an

S. 126                             34

acting principal subject to the approval of the  chancellor.    Provided
however  that  such appointee must meet qualifications pursuant to para-
graph [(d)] (C) of this subdivision.  Persistent educational failure  of
the  school shall be defined in regulations of the chancellor to include
a pattern of poor or declining achievement; a pattern of poor or declin-
ing attendance; disruption or violence; and continuing failure  to  meet
chancellor's performance standards or other standards.
  (b) The principal may be required by the chancellor or the superinten-
dent  to  participate in training or other forms of staff development or
to address identified areas of  educational  need  and  promote  student
achievement and school performance.
  (c)  Principals  shall  be selected consistent with regulations of the
chancellor establishing a  process  that  promotes  parental  and  staff
involvement  in the recruitment, screening, interviewing and recommenda-
tion of candidates.   Candidates must meet  the  requirements  of  regu-
lations  of  the  chancellor  establishing  educational, managerial, and
administrative qualifications, including evaluation of each  candidate's
record  of  performance  in comparable positions. In the case of schools
under the jurisdiction of the community districts, a candidate  approved
by  a  community superintendent PURSUANT TO PARAGRAPH (E) OF SUBDIVISION
ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-F OF THIS ARTICLE may nonethe-
less, before assuming the position, be rejected by  the  chancellor  for
cause.   IN THE CASE OF SCHOOLS NOT UNDER THE JURISDICTION OF THE COMMU-
NITY DISTRICTS, THE CHANCELLOR SHALL ADDITIONALLY CONSULT  WITH  MEMBERS
OF  THE  SCHOOL  BASED  MANAGEMENT  TEAM PRIOR TO APPOINTING A PRINCIPAL
CANDIDATE TO ANY SUCH SCHOOL.
  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, may be transferred from the juris-
diction of the city board to the jurisdiction of the community  district
in  which  it  is  located,  or from such community district to the city
board, upon the consent of the chancellor and the community  superinten-
dent. In such event, the chancellor and the superintendent shall prompt-
ly take all necessary steps to effectuate the transfer.
  S  9.  Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by chapter 123 of the laws of 2003, is amended  to  read
as follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first to  each  community  district  education  council,
which shall conduct a public hearing and shall prepare and submit recom-
mendations  to  the chancellor on or before January first of the ensuing
year with respect to matters  in  the  plan  that  involve  that  school
district.  The  chancellor  shall  consider the recommendations received
from the community district education councils, and, on or before Febru-
ary first of such year, shall submit a final proposed  five-year  educa-
tional facilities capital plan to the city board for its approval PURSU-
ANT  TO  PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED
NINETY-G OF THIS ARTICLE.  [On or before March first of such  year,  the
city  board  shall  approve the five-year educational facilities capital
plan submitted by the chancellor.]
  S 10. Section 2590-r of the education law, as added by chapter 720  of
the laws of 1996, is amended to read as follows:

S. 126                             35

  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
first,  nineteen hundred ninety-eight.  Notwithstanding any provision of
section twenty-five hundred ninety-q of this article  to  the  contrary,
such regulations shall include provisions for:
  a.  the allocation of projected revenues among community districts and
their schools on the basis of objective formulae developed by the  chan-
cellor,  after consultation with the community [boards] COUNCILS, commu-
nity superintendents and the mayor, and approved by the city board, such
formulae shall reflect the relative educational needs of  the  community
districts and their schools to the maximum extent feasible;
  b.  (I)  FOLLOWING  RELEASE OF THE EXECUTIVE BUDGET OF THE CITY OF NEW
YORK BY THE MAYOR OF THE CITY OF NEW YORK, THE CHANCELLOR TO INFORM  THE
PRINCIPAL OF EACH SCHOOL OF THAT SCHOOL'S PRELIMINARY BUDGET ALLOCATION,
AND  the  principal [of each school] to propose a school-based [expendi-
ture] budget, after CONSULTING WITH MEMBERS OF THE SCHOOL BASED  MANAGE-
MENT  TEAM  AND  soliciting input pursuant to [section] 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;
  (II) FOR SCHOOLS UNDER THE JURISDICTION OF A COMMUNITY SUPERINTENDENT,
THE  PRINCIPAL  SHALL BE REQUIRED TO PROVIDE WRITTEN JUSTIFICATION, IN A
FORM AND MANNER PRESCRIBED BY THE COMMUNITY SUPERINTENDENT  PURSUANT  TO
PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-F
OF THIS ARTICLE, TO DEMONSTRATE THAT THE SCHOOL-BASED BUDGET PROPOSAL IS
ALIGNED WITH THE SCHOOL'S COMPREHENSIVE EDUCATIONAL PLAN;
  c.   the review, modification [and], approval AND CERTIFICATION of the
proposed school budget [by the] FOR SCHOOLS UNDER THE JURISDICTION OF  A
community superintendent PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE OF
SECTION TWENTY-FIVE HUNDRED NINETY-F OF THIS ARTICLE;
  d.  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]
COUNCIL, as developed by the community superintendent, for submission to
the chancellor;
  e.    the  chancellor  to develop a school-based budgeting process for
schools under his or her jurisdiction consistent with this section WHICH
SHALL REQUIRE THAT: (I) EACH  PRINCIPAL  PROVIDE  WRITTEN  JUSTIFICATION
DEMONSTRATING THAT THE SCHOOL-BASED BUDGET IS ALIGNED WITH SUCH SCHOOL'S
COMPREHENSIVE  EDUCATIONAL  PLAN;  (II) THE SCHOOL BASED MANAGEMENT TEAM
SUBMIT COMMENTS REGARDING SUCH JUSTIFICATION; AND (III)  THE  CHANCELLOR
CERTIFY  THAT  THE SCHOOL-BASED BUDGET IS SUFFICIENTLY ALIGNED WITH SUCH
SCHOOL'S COMPREHENSIVE EDUCATIONAL PLAN AFTER REVIEWING THE  PRINCIPAL'S
JUSTIFICATION AND THE SCHOOL BASED MANAGEMENT TEAM'S COMMENTS;
  f.  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;
  g.  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

S. 126                             36

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;
  h.  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;
  i.   procedures for schools, superintendents  and  the  chancellor  to
modify and reallocate monies in the enacted budget;
  j.    a uniform system of budget requests, reports and appropriations.
Such units of appropriation shall  include  (i)  such  compensation  and
benefits  for  staff; (ii) 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; (iii) administrative and non-in-
structional cost and (iv) extra-curricular activities;
  k.    the  provision  of appropriate technical support and training to
school personnel, parents and other participants in school-based budget-
ing;
  l. a comprehensive planning and  monitoring  process  to  promote  the
implementation of school-based budgeting;
  m.  an  annual  update  of  a  capital plan by the superintendent with
participation of principals and schools, addressing health  and  safety,
maintenance, capacity and technology; and
  n.  a  collaborative  school-based planning process involving parents,
teachers, other school personnel and,  where  appropriate,  students  to
effectuate the purposes of this section.
  S  11.  The education law is amended by adding two new sections 2590-t
and 2590-u to read as follows:
  S 2590-T. NEW YORK CITY COMPTROLLER AUDITS.   THE COMPTROLLER  OF  THE
CITY  OF  NEW  YORK  SHALL HAVE THE AUTHORITY TO CONDUCT OPERATIONAL AND
PROGRAMMATIC AUDITS, IN  ADDITION  TO  FINANCIAL  AUDITS,  OF  THE  CITY
DISTRICT TO THE SAME EXTENT THAT SUCH COMPTROLLER HAS SUCH AUTHORITY FOR
AGENCIES OF THE CITY OF NEW YORK.
  S  2590-U.  NEW  YORK  CITY INDEPENDENT BUDGET OFFICE REPORTS. 1.  THE
INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK SHALL BE AUTHORIZED TO
PROVIDE ANALYSIS AND ISSUE PUBLIC REPORTS REGARDING FINANCIAL AND EDUCA-
TIONAL MATTERS OF THE CITY DISTRICT,  TO  ENHANCE  OFFICIAL  AND  PUBLIC
UNDERSTANDING OF SUCH MATTERS INCLUDING BUT NOT LIMITED TO:
  (A) STUDENT GRADUATION AND DROPOUT DATA;
  (B) STUDENT ENROLLMENT PROJECTIONS;
  (C) SCHOOL UTILIZATION, CLASS SIZES AND PUPIL-TO-TEACHER RATIOS;
  (D) STUDENT ASSESSMENT DATA;
  (E)  THE  DELIVERY  OF  SERVICES  TO  STUDENTS WHO ARE IN BILINGUAL OR
ENGLISH AS A SECOND LANGUAGE PROGRAMS;
  (F) THE  DELIVERY OF SERVICES TO STUDENTS WITH DISABILITIES;
  (G) THE UTILIZATION OF FEDERAL FUNDS INCLUDING FUNDS PURSUANT TO TITLE
I OF THE ELEMENTARY AND SECONDARY  EDUCATION  ACT  OF  NINETEEN  HUNDRED
SIXTY-FIVE, AS AMENDED, DIRECTED AT PARENTAL INVOLVEMENT; AND
  (H) MATTERS RELATING TO CITY DISTRICT FINANCES.
  2.  IN ADDITION TO THE APPROPRIATION AVAILABLE PURSUANT TO SECTION TWO
HUNDRED FIFTY-NINE OF THE NEW YORK CITY CHARTER, THE CITY  OF  NEW  YORK
SHALL  APPROPRIATE  DURING EACH FISCAL YEAR AN AMOUNT TO THE INDEPENDENT

S. 126                             37

BUDGET OFFICE OF THE CITY OF NEW YORK NOT LESS THAN TWO AND ONE-HALF PER
CENTUM OF THE APPROPRIATIONS AVAILABLE TO PAY FOR THE  EXPENSES  OF  THE
OFFICE  OF  MANAGEMENT  AND  BUDGET  OF THE CITY OF NEW YORK DURING EACH
FISCAL  YEAR,  TO  CARRY  OUT  THE DUTIES AND FUNCTIONS ASSIGNED IN THIS
SUBDIVISION.
  3.  THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE OF THE CITY  OF  NEW
YORK SHALL BE AUTHORIZED TO SECURE SUCH INFORMATION, DATA, ESTIMATES AND
STATISTICS  FROM  THE  CITY  BOARD  AND  THE CHANCELLOR AS SUCH DIRECTOR
DETERMINES TO BE NECESSARY FOR THE  PERFORMANCE  OF  THE  FUNCTIONS  AND
DUTIES  OF  SUCH  OFFICE,  AND  THE  CITY BOARD AND THE CHANCELLOR SHALL
PROVIDE SUCH INFORMATION, TO THE EXTENT THAT IT IS AVAILABLE, IN A TIME-
LY FASHION. THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE OF THE CITY OF
NEW YORK  SHALL NOT BE ENTITLED TO OBTAIN RECORDS WHICH ARE PROTECTED BY
THE PRIVILEGES FOR ATTORNEY-CLIENT COMMUNICATIONS, ATTORNEY  WORK  PROD-
UCT, AND MATERIAL PREPARED FOR LITIGATION.
  4.  THE  DIRECTOR  OF THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW
YORK SHALL ENSURE THAT  SUCH  OFFICE  USES  UP-TO-DATE  APPROPRIATE  AND
PROFESSIONALLY  ACCEPTED  METHODOLOGIES IN PRODUCING ANNUAL DATA REPORTS
RELATED TO THE CITY DISTRICT AND THAT SUCH METHODOLOGIES USED ARE  IDEN-
TIFIED IN SUCH REPORTS.
  S  12.  Paragraph (c) of subdivision 1 of section 414 of the education
law, as amended by chapter 257 of the laws of 1976, is amended  to  read
as follows:
  (c)  For  holding  social,  civic and recreational meetings and enter-
tainments, and other uses pertaining to the welfare  of  the  community;
but  such  meetings,  entertainment  and uses shall be non-exclusive and
shall be open to the general public.  CIVIC MEETINGS SHALL INCLUDE,  BUT
NOT  BE  LIMITED  TO, MEETINGS OF PARENT ASSOCIATIONS AND PARENT-TEACHER
ASSOCIATIONS.
  S 13. Section 19 of chapter 738 of the  laws  of  1988,  amending  the
administrative  code of the city of New York, the public authorities law
and other laws relating to the New York city school construction author-
ity, as amended by chapter 134 of the laws of 2004, is amended  to  read
as follows:
  S  19. This act shall take effect immediately, provided, however, that
the provisions of subdivision 6 of section 209 of the civil service law,
as added by section four  of  this  act,  shall  expire  and  be  deemed
repealed  on  and  after  June  30,  1995, and further provided that the
provisions of section 1735 of the public authorities law,  as  added  by
section  fourteen  of  this  act, shall expire and be deemed repealed on
June 30, [2009] 2014.
  S 14. Subdivision 1 of section 1735 of the public authorities law,  as
amended  by  chapter  410  of  the  laws  of 1999, is amended to read as
follows:
  1. Notwithstanding the provisions of paragraph b of subdivision one of
section seventeen hundred  thirty-four  of  this  title,  the  award  of
construction  contracts  by  the  authority between July first, nineteen
hundred eighty-nine and June thirtieth,  two  thousand  [two]  FOURTEEN,
shall not be subject to the provisions of section one hundred one of the
general municipal law.
  S 15. Section 34 of chapter 91 of the laws of 2002 amending the educa-
tion  law  and other laws relating to the reorganization of the New York
city school construction authority, board  of  education  and  community
boards,  as  amended  by  chapter 123 of the laws of 2003, is amended to
read as follows:

S. 126                             38

  S 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty  of  this
act  shall expire and be deemed repealed June 30, [2009] 2015; provided,
further, that notwithstanding any provision of article 5 of the  general
construction law, on June 30, [2009] 2015 the provisions of subdivisions
3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
2554  of  the  education  law  as repealed by section three of this act,
subdivision 1 of section 2590-b of the  education  law  as  repealed  by
section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven  of  this  act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as  repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of  this
act,  subdivision  28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
section  thirty  of  this  act  shall  be  revived  and  be read as such
provisions existed in law on the date immediately preceding  the  effec-
tive  date of this act; provided, however, that sections seven and eight
of this act shall take effect on November  30,  2003;  provided  further
that  the  amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to  the  expiration
and  reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the  provisions  of
section four of this act shall take effect.
  S  16.    Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S 17. This act shall take effect immediately, except that if this  act
shall  have  become a law on or after June 30, 2009, this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect on and after June 30, 2009; provided that:
  1. sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven and twelve of this act shall take effect June 30, 2009;
  2.    the  amendments  to  section 2590-b of the education law made by
section one of this act shall not affect the  expiration  or  repeal  of
certain  provisions  of  such  section  and  shall  expire and be deemed
repealed therewith;
  3.  the amendments to section 2590-c of  the  education  law  made  by
section  two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith;
  4.  the amendments to subdivision 1 of section 2590-d of the education
law made by section three of this act shall not affect the expiration of
such section and shall be deemed to expire therewith;
  5. the amendments to section 2590-e  of  the  education  law  made  by
section four of this act shall not affect the repeal of such section and
shall expire and be deemed repealed therewith;
  6.  the  amendments  to  paragraphs  (s)  and (t) of subdivision 1 and
subdivisions 2 and 3 of section 2590-f of  the  education  law  made  by

S. 126                             39

section  five  of this act shall not affect the expiration and reversion
of such provisions and shall expire and be  deemed  repealed  therewith;
provided  further  that the amendments to paragraph (u) of subdivision 1
of  section 2590-f of the education law made by section five of this act
shall not affect the repeal of such paragraph and shall  expire  and  be
deemed repealed therewith;
  7.  the  amendments  to  section  2590-g  of the education law made by
section six of this act shall not affect the expiration and reversion of
such section and shall expire and be deemed repealed therewith;
  8. the amendments to section 2590-h  of  the  education  law  made  by
section  seven of this act shall not affect the expiration and repeal of
certain provisions of such  section  and  shall  expire  and  be  deemed
repealed therewith;
  9.  the amendments to paragraph (c) of subdivision 2 of section 2590-i
of the education law made by section eight of this act shall not  affect
the  expiration  and reversion of such paragraph and shall expire and be
deemed repealed therewith;
  10. the amendments to subdivision 3 of section 2590-p of the education
law made by section nine of this act shall not affect the expiration and
reversion of such subdivision and shall expire and  be  deemed  repealed
therewith;
  11.  the amendments to section 1735 of the public authorities law made
by  section  thirteen  of  this  act shall not affect the repeal of such
section and shall be deemed repealed therewith; and
  12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section  17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, 2015.