Senate Bill S8156

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

                                  8156

                            I N  S E N A T E

                              June 13, 2010
                               ___________

Introduced  by  Sen. SMITH -- (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 mayoral control of the
  city school district of the city of Rochester; to amend the  Rochester
  city charter, in relation to an independent budget office; and provid-
  ing for the repeal of certain provisions upon expiration thereof

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

  Section 1. Short title. The act shall be known and may be cited as the
"City of Rochester school district governance reform act".
  S 2. The education law is amended by adding a new article 52-B to read
as follows:
                              ARTICLE 52-B
                CITY OF ROCHESTER SCHOOL DISTRICT SYSTEM
SECTION 2591-A. APPLICATION OF ARTICLE.
        2591-B. DEFINITIONS.
        2591-C. BOARD OF EDUCATION; COMPOSITION; ESTABLISHMENT OF  CITY-
                  WIDE   COUNCILS   ON  SPECIAL  EDUCATION  AND  ENGLISH
                  LANGUAGE LEARNERS.
        2591-D. BOARD OF EDUCATION; POWERS AND DUTIES.
        2591-E. SUPERINTENDENT  OF  SCHOOLS;  APPOINTMENT;  POWERS   AND
                  DUTIES.
        2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS
                  AND DUTIES.
        2591-G. APPOINTMENT OF TEACHERS, ADMINISTRATORS, SUPERVISORS AND
                  OTHER EMPLOYEES.
        2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES.
        2591-I. BUDGETARY AND FISCAL PROCESSES.
        2591-J. CUSTODY AND DISBURSEMENT OF FUNDS.
  S 2591-A. APPLICATION OF ARTICLE. THIS ARTICLE SHALL APPLY TO THE CITY
SCHOOL DISTRICT OF THE CITY OF ROCHESTER.
  S  2591-B.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL MEAN:

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

                                                           LBD12275-01-0

S. 8156                             2

  1. BOARD OF EDUCATION. THE TERM "BOARD OF EDUCATION" OR "BOARD"  SHALL
MEAN  THE  BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF
ROCHESTER,  ESTABLISHED  PURSUANT   TO   SECTION   TWENTY-FIVE   HUNDRED
NINETY-ONE-C OF THIS ARTICLE.
  2. CITY. THE TERM "CITY" SHALL MEAN THE CITY OF ROCHESTER.
  3.  CITY DISTRICT. THE TERM "CITY DISTRICT" SHALL MEAN THE CITY SCHOOL
DISTRICT OF THE CITY OF ROCHESTER.
  4. CLAIMS AUDITOR OR OFFICE OF CLAIMS AUDITOR. THE TERM "CLAIMS  AUDI-
TOR"  OR  "OFFICE  OF  CLAIMS AUDITOR" SHALL MEAN THE OFFICE ESTABLISHED
PURSUANT TO SUBDIVISION TWO-A OF SECTION TWENTY-FIVE HUNDRED  FIFTY-FOUR
OF THIS TITLE.
  5.  COMMON  COUNCIL.  THE  TERM "COMMON COUNCIL" SHALL MEAN THE COMMON
COUNCIL OF THE CITY OF ROCHESTER.
  6. COMMISSIONER. THE TERM "COMMISSIONER" SHALL MEAN  THE  COMMISSIONER
OF THE STATE EDUCATION DEPARTMENT.
  7.  COUNCIL  DISTRICT. THE TERM "COUNCIL DISTRICT" SHALL MEAN THE FOUR
DISTRICTS INTO WHICH THE CITY OF ROCHESTER IS DIVIDED  PURSUANT  TO  THE
CHARTER  OF  SUCH  CITY  FOR  THE  PURPOSES OF ELECTING DISTRICT COUNCIL
MEMBERS.
  8. COMMUNITY SCHOOLS ADVISORY COUNCIL.  THE  TERM  "COMMUNITY  SCHOOLS
ADVISORY  COUNCIL" OR "ADVISORY COUNCIL" SHALL MEAN THE ADVISORY COUNCIL
ESTABLISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS
ARTICLE.
  9. MAYOR. THE TERM "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF ROCHES-
TER.
  10. RSC BOARD. THE TERM "RSC  BOARD"  SHALL  MEAN  THE  JOINT  SCHOOLS
CONSTRUCTION  BOARD OF THE CITY AND THE CITY SCHOOL DISTRICT ESTABLISHED
PURSUANT TO CHAPTER FOUR HUNDRED SIXTEEN OF THE  LAWS  OF  TWO  THOUSAND
SEVEN.
  11. SUPERINTENDENT OR SUPERINTENDENT OF SCHOOLS. THE TERM "SUPERINTEN-
DENT"  OR  "SUPERINTENDENT  OF SCHOOLS" SHALL MEAN THE SUPERINTENDENT OF
THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER.
  S 2591-C. BOARD OF EDUCATION; COMPOSITION; ESTABLISHMENT OF  CITY-WIDE
COUNCILS  ON  SPECIAL  EDUCATION  AND ENGLISH LANGUAGE LEARNERS.  1. THE
BOARD OF EDUCATION OF THE CITY OF ROCHESTER IS HEREBY CONTINUED.    SUCH
BOARD  MAY BE COMMONLY KNOWN AND REFERRED TO AS THE EDUCATION COMMISSION
OF THE CITY OF ROCHESTER.
  2. THE BOARD SHALL CONSIST OF NINE MEMBERS, AS FOLLOWS:
  (A) ONE MEMBER FROM EACH OF THE FOUR COUNCIL DISTRICTS  OF  THE  CITY,
APPOINTED  BY THE COMMON COUNCIL, WHO SHALL BE A RESIDENT OF THE COUNCIL
DISTRICT;
  (B) FIVE MEMBERS, APPOINTED BY THE MAYOR, WHO SHALL  BE  RESIDENTS  OF
THE CITY;
  (C) ALL MEMBERS SHALL POSSESS EXTENSIVE EDUCATIONAL, BUSINESS OR TRADE
EXPERIENCE AND KNOWLEDGE, AND MAKE A SIGNIFICANT CONTRIBUTION TO IMPROV-
ING THE EDUCATION OF THE STUDENTS OF THE CITY DISTRICT.
  3.  ALL  MEMBERS  SHALL  SERVE THREE YEAR TERMS.   THE TERMS OF OFFICE
SHALL BE STAGGERED PURSUANT TO SECTION THIRTEEN OF THE  CHAPTER  OF  THE
LAWS  OF  TWO  THOUSAND  TEN  THAT  ADDED  THIS ARTICLE. A MEMBER MAY BE
REMOVED FROM OFFICE BY THE APPOINTING AUTHORITY DURING HIS OR  HER  TERM
FOR  GOOD  CAUSE  SHOWN,  AFTER  NOTICE AND OPPORTUNITY TO BE HEARD.   A
MEMBER WHO REFUSES OR FAILS TO ATTEND THREE SUCCESSIVE MEETINGS OF  SUCH
BOARD  VACATES HIS OR HER OFFICE BY REFUSAL TO SERVE.  ANY VACANCY SHALL
BE FILLED BY THE APPOINTING AUTHORITY WITHIN THIRTY DAYS OF THE VACANCY.
  4. 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. 8156                             3

DUTIES AND RESPONSIBILITIES OF THE BOARD.  THE MAYOR SHALL ASSIGN APPRO-
PRIATE STAFF AND OFFICES TO THE MEMBERS OF THE BOARD.
  5.    (A)  NO PERSON SHALL BE ELIGIBLE FOR THE OFFICE OF MEMBER OF THE
BOARD WHO IS NOT A QUALIFIED VOTER UNDER SECTION 5-102 OF  THE  ELECTION
LAW  OF SUCH CITY SCHOOL DISTRICT. NO PERSON SHALL HOLD AT THE SAME TIME
THE OFFICE OF MEMBER OF THE BOARD AND  ANY  OTHER  ELECTIVE  OFFICE  NOR
SHALL  SUCH  PERSON  BE A CANDIDATE FOR ANY OTHER ELECTIVE OFFICE AT THE
SAME TIME HE OR SHE IS A MEMBER OF THE BOARD.
  (B) NO APPOINTED MEMBER OF THE BOARD SHALL BE EMPLOYED BY THE CITY  OR
THE  CITY  DISTRICT  OR  SHALL  BE  A  MEMBER OF ANY PUBLIC CORPORATION,
AUTHORITY, COMMISSION OR ENTITY IN WHICH THE MAYOR  HAS  A  MAJORITY  OF
APPOINTMENTS  INCLUDING  THE  ROCHESTER JOINT SCHOOLS CONSTRUCTION BOARD
ESTABLISHED PURSUANT TO CHAPTER FOUR HUNDRED SIXTEEN OF THE LAWS OF  TWO
THOUSAND SEVEN.
  6. THE BOARD SHALL HOLD AT LEAST ONE REGULAR PUBLIC MEETING PER MONTH.
AT LEAST ONE REGULAR PUBLIC MEETING SHALL BE HELD IN EACH OF THE COUNCIL
DISTRICTS PER YEAR. THE BOARD SHALL CONSIDER APPROPRIATE PUBLIC ACCOMMO-
DATIONS  WHEN  SELECTING  A  VENUE  SO  AS  TO MAXIMIZE PARTICIPATION BY
PARENTS AND THE COMMUNITY. NOTICE OF THE TIME, PLACE AND AGENDA FOR  ALL
BOARD  REGULAR PUBLIC MEETINGS SHALL BE PUBLICLY PROVIDED, INCLUDING VIA
THE BOARD'S OFFICIAL INTERNET WEB SITE, AT LEAST TEN  BUSINESS  DAYS  IN
ADVANCE OF SUCH MEETING.
  7. ALL MEMBERS SHALL BE REQUIRED TO PREPARE AND FILE FINANCIAL DISCLO-
SURE STATEMENTS PURSUANT TO THE CHARTER OF THE CITY OF ROCHESTER.
  8. (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 FOUR MEMBERS, ONE FROM EACH COUNCIL DISTRICT,  SELECTED
BY THE BOARD OF EDUCATION IN ACCORDANCE WITH THIS PARAGRAPH. EACH COMMU-
NITY  SCHOOLS  ADVISORY  COUNCIL  SHALL SUBMIT A LIST OF NOMINEES TO THE
BOARD OF EDUCATION FOR CONSIDERATION AND  THE  BOARD  SHALL  SELECT  ONE
PERSON  FROM  EACH SUCH SUBMITTED LIST TO SERVE ON THE CITY-WIDE COUNCIL
ON SPECIAL EDUCATION. MEMBERS OF THE CITY-WIDE COUNCIL ON SPECIAL EDUCA-
TION SHALL SERVE A TWO YEAR TERM. VACANCIES SHALL BE FILLED BY THE BOARD
OF EDUCATION FOR AN UNEXPIRED TERM  IN  ACCORDANCE  WITH  THE  SELECTION
PROCESS ESTABLISHED BY THIS PARAGRAPH.
  (B)  THE  BOARD  OF  EDUCATION SHALL SELECT INDIVIDUALS WITH EXTENSIVE
EXPERIENCE AND KNOWLEDGE IN THE EDUCATION OF INDIVIDUALS WITH  DISABILI-
TIES  WHO  WILL  MAKE  A  SIGNIFICANT  CONTRIBUTION TO IMPROVING SPECIAL
EDUCATION IN THE CITY DISTRICT, INCLUDING PARENTS OF STUDENTS WITH INDI-
VIDUALIZED EDUCATION PROGRAMS.
  (C) THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION SHALL  HAVE  THE  POWER
TO:
  (I)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING THE PROVISION OF SERVICES FOR STUDENTS WITH DISABILITIES;
  (II) ADVISE AND COMMENT ON  THE  PROCESS  OF  ESTABLISHING  COMMITTEES
AND/OR  SUBCOMMITTEES ON SPECIAL EDUCATION IN THE CITY DISTRICT PURSUANT
TO SECTION FORTY-FOUR HUNDRED TWO OF THIS CHAPTER;
  (III) ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY DISTRICT
IN PROVIDING SERVICES TO STUDENTS WITH DISABILITIES AND MAKE RECOMMENDA-
TIONS, AS APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY  OF
SUCH SERVICES; AND
  (IV) HOLD REGULAR MEETINGS OPEN TO THE PUBLIC, DURING WHICH THE PUBLIC
MAY DISCUSS ISSUES FACING STUDENTS WITH DISABILITIES.
  9. (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 FOUR MEMBERS, ONE FORM  EACH  COUNCIL

S. 8156                             4

DISTRICT,  SELECTED  BY  THE  BOARD OF EDUCATION IN ACCORDANCE WITH THIS
PARAGRAPH. EACH COMMUNITY SCHOOLS ADVISORY COUNCIL SHALL SUBMIT  A  LIST
OF  NOMINEES  TO  THE BOARD OF EDUCATION FOR CONSIDERATION AND THE BOARD
SHALL  SELECT  ONE  PERSON FROM EACH SUCH SUBMITTED LIST TO SERVE ON THE
CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS. MEMBERS OF THE CITY-WIDE
COUNCIL ON ENGLISH LANGUAGE LEARNERS SHALL SERVE A TWO YEAR TERM. VACAN-
CIES SHALL BE FILLED BY THE BOARD OF EDUCATION FOR AN UNEXPIRED TERM  IN
ACCORDANCE WITH THE SELECTION PROCESS ESTABLISHED BY THIS PARAGRAPH.
  (B)  THE  BOARD  OF  EDUCATION SHALL SELECT INDIVIDUALS WITH EXTENSIVE
EXPERIENCE AND KNOWLEDGE IN THE EDUCATION OF ENGLISH  LANGUAGE  LEARNERS
WHO  WILL  MAKE  A  SIGNIFICANT  CONTRIBUTION TO IMPROVING BILINGUAL AND
ENGLISH AS A SECOND LANGUAGE PROGRAMS IN THE  CITY  DISTRICT,  INCLUDING
PARENTS OF STUDENTS WHO RECEIVE SUCH SERVICES.
  (C)  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 MAKE  RECOMMENDA-
TIONS,  AS APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY OF
SUCH SERVICES; AND
  (III) HOLD REGULAR MEETINGS OPEN  TO  THE  PUBLIC,  DURING  WHICH  THE
PUBLIC MAY DISCUSS ISSUES FACING ENGLISH LANGUAGE LEARNERS.
  S  2591-D.  BOARD  OF EDUCATION; POWERS AND DUTIES. 1. THE BOARD SHALL
ADVISE THE SUPERINTENDENT ON MATTERS OF POLICY AFFECTING THE WELFARE  OF
THE  CITY  SCHOOL  DISTRICT  AND ITS PUPILS. THE BOARD SHALL EXERCISE NO
EXECUTIVE POWER AND PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTIONS.
  2. THE BOARD SHALL PERFORM ANY DUTY IMPOSED UPON BOARDS  OF  EDUCATION
OR  TRUSTEES  OF COMMON SCHOOLS UNDER THIS CHAPTER OR OTHER STATUTES, OR
THE RULES OF THE REGENTS AND REGULATIONS OF THE COMMISSIONER SO  FAR  AS
THEY  MAY  BE APPLICABLE TO THE SCHOOL OR OTHER EDUCATIONAL AFFAIRS OF A
CITY, AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
  3. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE BOARD  SHALL  FOR
ALL  PURPOSES  BE  THE  GOVERNMENT  OR  PUBLIC  EMPLOYER  OF ALL PERSONS
APPOINTED OR ASSIGNED TO WORK FOR THE CITY DISTRICT.
  4. THE BOARD SHALL ALSO HAVE THE POWER AND DUTY TO:
  (A) APPROVE STANDARDS, POLICIES, AND OBJECTIVES PROPOSED BY THE SUPER-
INTENDENT  DIRECTLY  RELATED  TO  EDUCATIONAL  ACHIEVEMENT  AND  STUDENT
PERFORMANCE;
  (B)  APPROVE  ANY OTHER STANDARDS, POLICIES, AND OBJECTIVES AS SPECIF-
ICALLY AUTHORIZED OR REQUIRED BY FEDERAL OR STATE LAW OR REGULATION;
  (C) APPROVE A PROTOCOL DEVELOPED BY  THE  SUPERINTENDENT  RELATING  TO
SCHOOL  CLOSURES PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
THIS ARTICLE;
  (D) APPROVE A  PROCUREMENT  POLICY  DEVELOPED  BY  THE  SUPERINTENDENT
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE;
  (E)  APPROVE  THE  PURCHASE  OF  SUCH  APPARATUS, MAPS, GLOBES, BOOKS,
FURNITURE AND OTHER EQUIPMENT AND SUPPLIES AS MAY BE NECESSARY  FOR  THE
PROPER  AND  EFFICIENT  MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL,
SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS IN THE CITY DISTRICT;
  (F) APPROVE A PLAN DEVELOPED BY THE SUPERINTENDENT TO ENSURE THAT  ALL
INSTRUCTIONAL  MATERIALS  TO  BE USED IN THE SCHOOLS OF THE DISTRICT ARE
AVAILABLE IN A USABLE ALTERNATIVE FORMAT FOR EACH STUDENT WITH  A  DISA-
BILITY,  AS  DEFINED  IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
AND FOR EACH STUDENT WHO IS A QUALIFIED INDIVIDUAL WITH A DISABILITY  AS
DEFINED  IN  THE REHABILITATION ACT OF NINETEEN HUNDRED NINETY-THREE (29

S. 8156                             5

U.S.C. 701), AS AMENDED, IN ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS
AND COURSE SELECTION, AT THE SAME TIME AS SUCH  INSTRUCTIONAL  MATERIALS
ARE AVAILABLE TO NON-DISABLED STUDENTS. AS PART OF SUCH PLAN, THE SUPER-
INTENDENT SHALL AMEND THE CITY DISTRICT'S PROCUREMENT POLICIES TO GIVE A
PREFERENCE  IN  THE  PURCHASE  OF INSTRUCTIONAL MATERIALS TO VENDORS WHO
AGREE TO PROVIDE MATERIALS IN ALTERNATIVE FORMATS. FOR PURPOSES OF  THIS
SUBDIVISION,  "ALTERNATIVE  FORMAT"  SHALL MEAN ANY MEDIUM OR FORMAT FOR
THE PRESENTATION OF INSTRUCTIONAL MATERIALS, OTHER  THAN  A  TRADITIONAL
PRINT  TEXTBOOK,  THAT  IS  NEEDED  AS  AN  ACCOMMODATION FOR A DISABLED
STUDENT ENROLLED IN THE SCHOOL DISTRICT, INCLUDING BUT  NOT  LIMITED  TO
BRAILLE, LARGE PRINT, OPEN AND CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC
FILE IN AN APPROVED FORMAT, AS DEFINED IN THE REGULATIONS OF THE COMMIS-
SIONER.  WHEN AN ELECTRONIC FILE IS PROVIDED, THE PLAN SHALL SPECIFY HOW
THE  FORMAT  WILL  BE ACCESSED BY STUDENTS AND/OR HOW THE DISTRICT SHALL
CONVERT TO AN ACCESSIBLE FORMAT. SUCH PLAN SHALL IDENTIFY THE  NEEDS  OF
STUDENTS RESIDING IN THE DISTRICT FOR ALTERNATIVE FORMAT MATERIALS. SUCH
PLAN  SHALL  ALSO  SPECIFY ORDERING TIMELINES TO ENSURE THAT ALTERNATIVE
FORMAT MATERIALS ARE AVAILABLE AT THE SAME TIME AS REGULAR FORMAT  MATE-
RIALS.    SUCH  PLANS  SHALL  INCLUDE  PROCEDURES TO ADDRESS THE NEED TO
OBTAIN MATERIALS  IN  ALTERNATIVE  FORMAT  WITHOUT  DELAY  FOR  DISABLED
STUDENTS WHO MOVE INTO THE SCHOOL DISTRICT DURING THE SCHOOL YEAR;
  (G)  APPROVE  THE  ESTABLISHMENT OF SUCH FREE ELEMENTARY SCHOOLS, HIGH
SCHOOLS, TRAINING SCHOOLS, VOCATIONAL AND INDUSTRIAL SCHOOLS, KINDERGAR-
TENS, NURSERY SCHOOLS, TECHNICAL SCHOOLS, NIGHT  SCHOOLS,  PART-TIME  OR
CONTINUATION  SCHOOLS, VOCATION SCHOOLS, SCHOOLS FOR ADULTS, SCHOOLS FOR
PHYSICALLY OR MENTALLY HANDICAPPED OR DELINQUENT CHILDREN OR SUCH  OTHER
SCHOOLS  OR  CLASSES  AS THE SUPERINTENDENT SHALL DEEM NECESSARY TO MEET
THE NEEDS AND DEMANDS OF THE CITY;
  (H) AUTHORIZE THE GENERAL COURSES OF STUDY WHICH SHALL BE GIVEN IN THE
SCHOOLS AND TO APPROVE THE CONTENT OF SUCH COURSES  BEFORE  THEY  BECOME
OPERATIVE;
  (I)  AUTHORIZE  AND  APPROVE  THE  TEXTBOOKS TO BE USED IN THE SCHOOLS
UNDER ITS JURISDICTION;
  (J) PERFORM SUCH OTHER DUTIES AND POSSESS SUCH OTHER POWERS AS MAY  BE
REQUIRED  TO ADMINISTER THE AFFAIRS PLACED UNDER ITS CONTROL AND MANAGE-
MENT, TO EXECUTE ALL POWERS VESTED IN IT, AND TO PROMOTE THE BEST INTER-
ESTS OF THE SCHOOLS AND OTHER ACTIVITIES COMMITTED TO ITS CARE;
  (K) APPROVE  TRANSPORTATION,  HOME-TEACHING  OR  SPECIAL  CLASSES,  AS
DEFINED UNDER SECTIONS FORTY-FOUR HUNDRED ONE AND FORTY-FOUR HUNDRED TWO
OF  THIS  CHAPTER  FOR PHYSICALLY OR MENTALLY HANDICAPPED AND DELINQUENT
CHILDREN. SUCH TRANSPORTATION, HOME-TEACHING OR  SPECIAL  CLASSES,  WHEN
PROVIDED  PURSUANT  TO  THIS  SUBDIVISION,  SHALL BE GRANTED TO ALL SUCH
CHILDREN IRRESPECTIVE OF THE SCHOOL THEY LEGALLY ATTEND;
  (L) APPROVE ANY CONTRACT PROPOSED BY THE SUPERINTENDENT FOR THE TRANS-
PORTATION OF CHILDREN TO AND FROM ANY SCHOOL OR INSTITUTION OF  LEARNING
WHENEVER  IN  THE  JUDGMENT OF THE SUPERINTENDENT SUCH TRANSPORTATION IS
REQUIRED BECAUSE OF THE REMOTENESS OF THE SCHOOL TO THE PUPIL OR FOR THE
PROMOTION OF THE BEST INTERESTS OF SUCH CHILDREN.  ANY SUCH CONTRACT MAY
BE MADE FOR A PERIOD  NOT  EXCEEDING  FIVE  YEARS,  NOTWITHSTANDING  ANY
PROVISION OF STATE OR LOCAL LAW;
  (M)  APPROVE,  OUTSIDE THE TERRITORIAL LIMITS OF THE CITY DISTRICT BUT
WITHIN THE STATE OR WITHIN AN ADJOINING STATE, THE PROVISION  OF  EDUCA-
TION  FOR  CHILDREN  RESIDENT  WITHIN  THE CITY DISTRICT WHENEVER IN THE
JUDGMENT OF THE BOARD, APPROVED  BY  THE  COMMISSIONER,  THE  HEALTH  OR
WELFARE  OF  SUCH  CHILDREN MAKES SUCH PROVISION NECESSARY OR DESIRABLE,
AND THE AVERAGE DAILY ATTENDANCE OF SUCH PUPILS SHALL BE INCLUDED IN THE

S. 8156                             6

AVERAGE DAILY ATTENDANCE OF SUCH DISTRICT AS CERTIFIED  TO  THE  COMMIS-
SIONER IN THE REPORT OF THE BOARD;
  (N)  APPROVE  THE  PROCESS  DEVELOPED  BY  THE  SUPERINTENDENT FOR THE
RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES  FOR  SCHOOL  PRINCI-
PALS; AND
  (O)  APPROVE  THE  PROCESSES  DEVELOPED  BY THE SUPERINTENDENT FOR THE
SELECTION OF MEMBERS TO THE COMMUNITY SCHOOLS ADVISORY COUNCILS PURSUANT
TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
  5. THE BOARD SHALL ADOPT A POLICY PROPOSED BY THE SUPERINTENDENT  THAT
PROMOTES  THE  RECRUITMENT  AND  RETENTION  OF  A  WORKFORCE AT THE CITY
DISTRICT THAT CONSIDERS THE DIVERSITY  OF  THE  STUDENTS  ATTENDING  THE
PUBLIC  SCHOOLS  WITHIN  THE  CITY DISTRICT. THE BOARD SHALL REVIEW AT A
REGULAR PUBLIC MEETING AN ANNUAL REPORT  ISSUED  BY  THE  SUPERINTENDENT
OUTLINING  THE  INITIATIVES  TAKEN  TO  ENHANCE  DIVERSITY AND EQUITY IN
RECRUITMENT AND RETENTION AND THE IMPACTS OF  SUCH  INITIATIVES  TO  THE
CITY WORKFORCE.
  S  2591-E.  SUPERINTENDENT OF SCHOOLS; APPOINTMENT; POWERS AND DUTIES.
1. THE SUPERINTENDENT OF SCHOOLS SHALL SERVE AT THE PLEASURE OF  AND  BE
EMPLOYED  BY  THE MAYOR, SUBJECT TO THE CONFIRMATION OF THE COMMON COUN-
CIL.  THE SUPERINTENDENT SHALL RECEIVE A SALARY TO BE FIXED BY THE MAYOR
WITHIN THE BUDGETARY ALLOCATION THEREFOR.   THE  SUPERINTENDENT  MAY  BE
REMOVED BY THE MAYOR WITHOUT PRIOR APPROVAL OF THE COMMON COUNCIL.
  2. THE SUPERINTENDENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  (A)  TO BE THE CHIEF EXECUTIVE OFFICER OF THE CITY DISTRICT, AND SHALL
BE A NON-VOTING EX OFFICIO MEMBER OF THE BOARD.
  (B) CONTROL AND OPERATE ALL  PRE-KINDERGARTEN,  ELEMENTARY,  SECONDARY
AND SPECIAL EDUCATION SCHOOLS, PROGRAMS AND SERVICES UNDER THE JURISDIC-
TION OF THE CITY DISTRICT.
  (C)   PROMULGATE   MINIMUM  CLEAR  EDUCATIONAL  STANDARDS,  CURRICULUM
REQUIREMENTS AND FRAMEWORKS AND MANDATORY EDUCATIONAL OBJECTIVES  APPLI-
CABLE  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 BOARD.
  (D) PREPARE THE CONTENT OF EACH COURSE  OF  STUDY  AUTHORIZED  BY  THE
BOARD.  THE  CONTENT OF EACH SUCH COURSE SHALL BE SUBMITTED TO THE BOARD
FOR ITS APPROVAL AND, WHEN APPROVED, THE SUPERINTENDENT SHALL CAUSE SUCH
COURSES OF STUDY TO BE USED IN THE GRADES, CLASSES AND SCHOOLS FOR WHICH
THEY ARE AUTHORIZED.
  (E) PREPARE AND FILE A BUDGET ESTIMATE WITH THE  MAYOR  FOR  THE  CITY
DISTRICT  PURSUANT  TO  SECTION TWENTY-FIVE HUNDRED NINETY-ONE-I OF THIS
ARTICLE.
  (F) RECOMMEND SUITABLE LISTS OF TEXTBOOKS TO BE USED IN THE SCHOOLS.
  (G) PROMULGATE  POLICIES  ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
ADMINISTRATIVE QUALIFICATIONS, PERFORMANCE RECORD CRITERIA, AND PERFORM-
ANCE STANDARDS FOR THE POSITIONS OF PRINCIPAL.
  (H) ESTABLISH, SUBJECT TO THE APPROVAL OF THE BOARD, A PUBLICLY INCLU-
SIVE  PROCESS FOR THE RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES
FOR SCHOOL PRINCIPALS.
  (I) APPOINT AND HAVE SUPERVISION AND DIRECTION OF  ASSOCIATE,  ASSIST-
ANT,  AND  OTHER  SUPERINTENDENTS,  DIRECTORS,  SUPERVISORS, PRINCIPALS,
TEACHERS, ATTENDANCE OFFICERS, JANITORS AND OTHER  PERSONS  EMPLOYED  IN

S. 8156                             7

THE MANAGEMENT OF THE SCHOOLS OR THE OTHER EDUCATIONAL ACTIVITIES OF THE
CITY AUTHORIZED BY THIS ARTICLE.
  (J) TRANSFER TEACHERS FROM ONE SCHOOL TO ANOTHER, OR FROM ONE GRADE OF
THE  COURSE  OF STUDY TO ANOTHER GRADE IN SUCH COURSE, AND TO SUSPEND AN
ASSOCIATE, ASSISTANT  OR  OTHER  SUPERINTENDENT,  DIRECTOR,  SUPERVISOR,
PRINCIPAL,  TEACHER  OR  OTHER  EMPLOYEE  UNTIL SUCH TIME WHEN ALL FACTS
RELATING TO THE CASE SHALL BE SUBMITTED TO THE BOARD FOR  ITS  CONSIDER-
ATION AND ACTION.
  (K) HAVE SUPERVISION AND DIRECTION OVER THE ENFORCEMENT AND OBSERVANCE
OF  THE  COURSES  OF STUDY, THE EXAMINATION AND PROMOTION OF PUPILS, AND
OVER ALL OTHER MATTERS PERTAINING TO  PLAYGROUNDS,  MEDICAL  INSPECTION,
RECREATION  AND  SOCIAL  CENTER  WORK, LIBRARIES, LECTURES AND ALL OTHER
EDUCATIONAL ACTIVITIES AND INTEREST UNDER THE MANAGEMENT, DIRECTION  AND
CONTROL OF THE BOARD.
  (L)  PROMOTE  THE  INVOLVEMENT AND APPROPRIATE INPUT OF ALL MEMBERS OF
THE SCHOOL COMMUNITY, INCLUDING  PARENTS,  TEACHERS,  AND  OTHER  SCHOOL
PERSONNEL,   INCLUDING,   ESTABLISHING   A  PARENTS'  ASSOCIATION  OR  A
PARENT-TEACHERS' ASSOCIATION IN EACH SCHOOL IN THE CITY DISTRICT.
  (M) CREATE STANDARDS, POLICIES  AND  OBJECTIVES  DIRECTLY  RELATED  TO
MAINTAINING  THE  INTERNAL FISCAL INTEGRITY OF ADMINISTRATIVE OPERATIONS
OF THE CITY DISTRICT.
  (N) ESTABLISH UNIFORM PROCEDURES FOR RECORD  KEEPING,  ACCOUNTING  AND
REPORTING  THROUGHOUT THE CITY DISTRICT, INCLUDING PUPIL RECORD KEEPING,
ACCOUNTING AND REPORTING.
  (O) DEVELOP, SUBJECT TO THE APPROVAL OF THE BOARD, A PROCUREMENT POLI-
CY FOR THE CITY DISTRICT, CONSISTENT WITH THE PROVISIONS OF SECTION  ONE
HUNDRED  THREE  OF THE GENERAL MUNICIPAL LAW, WHICH POLICY SHALL INCLUDE
PROVISIONS FOR  EMERGENCY  PROCUREMENTS;  A  PLAN  TO  ENSURE  THAT  ALL
INSTRUCTIONAL MATERIALS ARE AVAILABLE IN A USABLE ALTERNATIVE FORMAT FOR
DISABLED  STUDENTS  PURSUANT  TO SUBDIVISION FOUR OF SECTION TWENTY-FIVE
HUNDRED NINETY-ONE-D  OF  THIS  ARTICLE;  AND  SHALL  ALSO  INCLUDE  THE
REQUIREMENT THAT THE BOARD MUST APPROVE ANY CONTRACT AWARDED BY THE CITY
DISTRICT OR THE SUPERINTENDENT WHERE:
  (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
ITIVE SEALED BIDDING, INCLUDING BUT NOT LIMITED  TO  COMPETITIVE  SEALED
PROPOSALS,  OR  SOLE  SOURCE  CONTRACTS.  IN  THE  CASE OF A SOLE SOURCE
CONTRACT, PRIOR TO THE SUBMISSION OF  THE  CONTRACT  FOR  APPROVAL,  THE
CORPORATION  COUNSEL OF THE CITY SHALL CERTIFY THAT THE LEGAL AND PROCE-
DURAL REQUISITES FOR  THE  SOLICITATION  AND  AWARD  OF  A  SOLE  SOURCE
CONTRACT HAVE BEEN COMPLIED WITH;
  (II)  SUCH  CONTRACT  PROVIDES  FOR  TECHNICAL, CONSULTANT OR PERSONAL
SERVICES;
  (III) THE VALUE OF  SUCH  CONTRACT  EXCEEDS,  OR  PROJECTS  AN  ANNUAL
EXPENDITURE EXCEEDING, FIFTY THOUSAND DOLLARS; OR
  (IV)  THE  VALUE  OF  ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS
FIFTY THOUSAND DOLLARS ANNUALLY.
  (P) PROVIDE TRANSPORTATION, HOME-TEACHING OR SPECIAL CLASSES FOR PHYS-
ICALLY OR MENTALLY DISABLED AND DELINQUENT  CHILDREN.  SUCH  TRANSPORTA-
TION,  HOME-TEACHING  OR SPECIAL CLASSES, WHEN PROVIDED PURSUANT TO THIS
PARAGRAPH, SHALL BE GRANTED TO ALL SUCH  CHILDREN  IRRESPECTIVE  OF  THE
SCHOOL THEY LEGALLY ATTEND.
  (Q)  TO  HOLD  REGULAR  PUBLIC  MEETINGS  IN EACH COUNCIL DISTRICT, IN
CONJUNCTION WITH THE ADVISORY COUNCIL  IN  ORDER  TO  REPORT  ON  PUBLIC
SCHOOL  FINANCES, STUDENT PERFORMANCE, AND EDUCATIONAL GOALS AND PRIORI-
TIES OF THE CITY DISTRICT AND TO RECEIVE AND RESPOND TO PUBLIC  COMMENTS
AND  CONCERNS.  THE  SUPERINTENDENT  SHALL PROVIDE PUBLIC NOTICE OF SUCH

S. 8156                             8

MEETINGS IN ORDER TO MAXIMIZE THE PARTICIPATION OF PARENTS, STUDENTS AND
ALL OTHER INTERESTED PARTIES.
  (R)  PROVIDE INFORMATION, DATA, ESTIMATES AND STATISTICS REGARDING ALL
MATTERS RELATING TO THE CITY DISTRICT AS REQUESTED BY  THE  DIRECTOR  OF
THE  INDEPENDENT  EDUCATION  BUDGET  OFFICE  ESTABLISHED PURSUANT TO THE
CHARTER OF THE CITY OF ROCHESTER.
  (S) 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.
  (T)  PROPOSE A POLICY FOR BOARD APPROVAL THAT PROMOTES THE RECRUITMENT
AND RETENTION OF A WORKFORCE AT THE CITY  DISTRICT  THAT  CONSIDERS  THE
DIVERSITY  OF  THE STUDENTS ATTENDING THE PUBLIC SCHOOLS WITHIN THE CITY
DISTRICT. THE SUPERINTENDENT SHALL ISSUE AN ANNUAL REPORT 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.
  (U)  ENFORCE  ALL  PROVISIONS  OF LAW AND ALL POLICIES RELATING TO THE
MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL, SOCIAL AND RECREATIONAL
ACTIVITIES UNDER THE DIRECTION OF THE BOARD.
  (V) CREATE, ABOLISH, AND CONSOLIDATE SUCH POSITIONS, DIVISIONS, BOARDS
OR BUREAUS AS MAY BE NECESSARY FOR THE  PROPER  AND  EFFICIENT  ADMINIS-
TRATION OF THE CITY DISTRICT.
  (W)  HAVE  THE  CARE,  CUSTODY,  CONTROL AND SAFEKEEPING OF ALL SCHOOL
PROPERTY OR OTHER PROPERTY OF THE CITY USED FOR EDUCATIONAL,  SOCIAL  OR
RECREATIONAL  WORK  AND NOT SPECIFICALLY PLACED BY LAW UNDER THE CONTROL
OF SOME OTHER BODY OR OFFICER, AND TO PRESCRIBE POLICIES FOR THE PRESER-
VATION OF SUCH PROPERTY.
  (X) ESTABLISH AND MAINTAIN LIBRARIES WHICH MAY BE OPEN TO THE  PUBLIC,
TO  ORGANIZE  AND  MAINTAIN PUBLIC LECTURE COURSES, AND TO ESTABLISH AND
EQUIP PLAYGROUNDS, RECREATION CENTERS, SOCIAL CENTERS, AND READING ROOMS
FROM SUCH FUNDS AS THIS CHAPTER OR  OTHER  STATUTES  AUTHORIZE  AND  THE
STATE  APPROPRIATES  FOR SUCH PURPOSES, AND FROM SUCH OTHER FUNDS AS MAY
BE PROVIDED THEREFOR FROM LOCAL TAXATION OR OTHER SOURCES.
  (Y) CONDUCT AND MAINTAIN SUCH EXTRA  CLASSROOM  ACTIVITIES,  INCLUDING
THE  OPERATION OF CAFETERIAS OR RESTAURANT SERVICE FOR PUPILS AND TEACH-
ERS, AS THE SUPERINTENDENT, FROM TIME TO TIME, SHALL DEEM PROPER.   SUCH
CAFETERIAS OR RESTAURANT SERVICE MAY BE USED BY THE COMMUNITY FOR SCHOOL
RELATED  FUNCTIONS  AND  ACTIVITIES  AND TO FURNISH MEALS TO THE ELDERLY
RESIDENTS, SIXTY YEARS OF AGE OR OLDER, OF THE DISTRICT.  CHARGES  SHALL
BE  SUFFICIENT  TO  MEET  THE  DIRECT COST OF PREPARING AND SERVING SUCH
MEALS, REDUCIBLE BY AVAILABLE REIMBURSEMENTS.
  (Z) IN HIS OR HER  DISCRETION,  PURCHASE  INSURANCE  AGAINST  PERSONAL
INJURIES  INCURRED  BY  AN  AUTHORIZED PARTICIPANT IN A SCHOOL VOLUNTEER
PROGRAM, INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED PARTICIPANTS WHO
ASSIST ON SCHOOL BUSES, SCHOOL  SPONSORED  TRANSPORTATION  TO  AND  FROM
SCHOOL, OR ON SCHOOL SPONSORED FIELD TRIPS OR ANY OTHER SCHOOL SPONSORED
ACTIVITY;  PROVIDED,  HOWEVER, THAT THE INJURIES WERE INCURRED WHILE THE
AUTHORIZED PARTICIPANT WAS FUNCTIONING EITHER WITHIN THE SCOPE OF HIS OR
HER AUTHORIZED VOLUNTEER DUTIES OR UNDER THE DIRECTION OF THE BOARD.

S. 8156                             9

  (AA) WHERE  THE  DISTRICT  HAS  PROVIDED  TRANSPORTATION  TO  STUDENTS
ENROLLED IN SUCH DISTRICT TO A SCHOOL SPONSORED FIELD TRIP, EXTRACURRIC-
ULAR ACTIVITY OR ANY OTHER SIMILAR EVENT, PROVIDE TRANSPORTATION BACK TO
EITHER  THE  POINT  OF  DEPARTURE  OR  TO  THE APPROPRIATE SCHOOL IN THE
DISTRICT, UNLESS THE PARENT OR LEGAL GUARDIAN OF A STUDENT PARTICIPATING
IN  SUCH  EVENT  HAS  PROVIDED  THE SCHOOL DISTRICT WITH WRITTEN NOTICE,
CONSISTENT WITH DISTRICT POLICY,  AUTHORIZING  AN  ALTERNATIVE  FORM  OF
RETURN  TRANSPORTATION  FOR  SUCH  STUDENT OR UNLESS INTERVENING CIRCUM-
STANCES MAKE SUCH TRANSPORTATION IMPRACTICAL. IN CASES WHERE INTERVENING
CIRCUMSTANCES MAKE TRANSPORTATION OF A STUDENT  BACK  TO  THE  POINT  OF
DEPARTURE  OR  TO  THE APPROPRIATE SCHOOL IN THE DISTRICT IMPRACTICAL, A
REPRESENTATIVE OF THE SCHOOL DISTRICT  SHALL  REMAIN  WITH  THE  STUDENT
UNTIL SUCH STUDENT'S PARENT OR LEGAL GUARDIAN HAS BEEN (I) CONTACTED AND
INFORMED OF THE INTERVENING CIRCUMSTANCES WHICH MAKE SUCH TRANSPORTATION
IMPRACTICAL  AND  (II)  SUCH  STUDENT  HAD  BEEN DELIVERED TO HIS OR HER
PARENT OR LEGAL GUARDIAN.
  (BB) EACH YEAR, PREPARE A SCHOOL DISTRICT REPORT  CARD  IN  ACCORDANCE
WITH  SUBDIVISION  TWENTY-FOUR OF SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR
OF THIS TITLE.
  (CC) AMEND THE CITY DISTRICT'S FIVE YEAR CAPITAL  FACILITIES  PLAN  TO
INCLUDE  INFORMATION  ON ANY NEW PROJECT CONTAINED IN THE ANNUAL COMPRE-
HENSIVE SCHOOL FACILITIES MODERNIZATION PLAN APPROVED PURSUANT TO  CHAP-
TER FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND SEVEN.
  (DD)  IN  HIS  OR  HER  DISCRETION, TO PROVIDE UNDER A GROUP INSURANCE
POLICY OR POLICIES ISSUED BY ANY INSURANCE COMPANY OR  INSURANCE  COMPA-
NIES  AUTHORIZED  TO DO BUSINESS IN THIS STATE OR UNDER A GROUP CONTRACT
ISSUED BY ONE OR MORE CORPORATIONS SUBJECT TO ARTICLE FORTY-THREE OF THE
INSURANCE LAW, LIFE INSURANCE OR ACCIDENT AND HEALTH INSURANCE  BENEFITS
OR MEDICAL AND SURGICAL BENEFITS OR HOSPITAL SERVICE BENEFITS OR ANY TWO
OR MORE OF SUCH KINDS OF BENEFITS TO TEACHERS AND OTHER EMPLOYEES OF THE
SCHOOL  DISTRICT  WHO  PARTICIPATE  IN  A  PLAN OR PLANS, AS HEREINAFTER
PROVIDED. THE DISBURSING OFFICER OF THE SCHOOL DISTRICT IS AUTHORIZED TO
DEDUCT FROM THE SALARY  OF  SUCH  PARTICIPANT  WITH  HIS  OR  HER  PRIOR
CONSENT,  IN  WRITING,  THE SUMS REPRESENTING THE PARTICIPANT'S SHARE OF
THE PREMIUM OR PREMIUMS WHICH ARE PAYABLE BY SUCH OFFICER TO SUCH INSUR-
ANCE COMPANY OR CORPORATION. THE SUPERINTENDENT  IS  AUTHORIZED  TO  PAY
FROM  SUCH  MONEYS AS ARE AVAILABLE FOR THE PURPOSE, A SHARE OF THE COST
OF SUCH BENEFIT OR BENEFITS IN SUCH AMOUNT AS IS  REQUIRED  TO  BE  PAID
UNDER  SUCH  GROUP  INSURANCE  POLICY  OR  POLICIES OR GROUP CONTRACT OR
CONTRACTS BY THE BOARD, AS EMPLOYER. THE SUM TO BE PAID  BY  THE  SUPER-
INTENDENT UNDER SUCH POLICY OR POLICIES OR CONTRACT OR CONTRACTS, IN THE
DISCRETION  OF  THE  SUPERINTENDENT,  MAY BE ANY PERCENTAGE OF THE TOTAL
COST OF THE BENEFIT OR BENEFITS INCLUDING THE WHOLE THEREOF.
  (EE) DEVELOP A PROCESS, TO BE APPROVED BY THE BOARD, FOR THE SELECTION
OF MEMBERS TO  THE  COMMUNITY  SCHOOLS  ADVISORY  COUNCILS  PURSUANT  TO
SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
  3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, PUBLIC
SCHOOLS  WITHIN  THE  CITY  DISTRICT  SHALL  BE  CLOSED  PURSUANT TO THE
REQUIREMENTS OF THIS SUBDIVISION.
  (A) THE SUPERINTENDENT SHALL DEVELOP A PROTOCOL  FOR  SCHOOL  CLOSURES
THAT  SHALL  BE  APPROVED BY THE BOARD OF EDUCATION. SUCH PROTOCOL SHALL
INCLUDE THE ESTABLISHMENT OF QUANTIFIABLE  STANDARDS  AND  CRITERIA  FOR
EVERY PROPOSED SCHOOL CLOSURE THAT ADDRESS:
  (I)  THE SCHOOL'S ACADEMIC PERFORMANCE, INCLUDING STANDARDS AND CRITE-
RIA TO IDENTIFY FOR CLOSURE THE PERSISTENTLY LOWEST-ACHIEVING SCHOOLS IN

S. 8156                            10

THE CITY SCHOOL DISTRICT THAT TAKE INTO ACCOUNT STUDENT  PERFORMANCE  ON
EXISTING STATE ASSESSMENTS AND GRADUATION RATES;
  (II)  THE  SCHOOL'S  RESPONSIVENESS  TO PREVIOUS SCHOOL IMPROVEMENT OR
TURNAROUND EFFORTS; AND
  (III) THE CURRENT AND  PROJECTED  PUPIL  ENROLLMENT  OF  THE  AFFECTED
SCHOOL AND THE PROSPECTIVE NEED FOR SUCH SCHOOL BUILDING.
  (B)  THE  SUPERINTENDENT  SHALL PREPARE A SCHOOL CLOSURE PLAN FOR EACH
PROPOSED CLOSURE BASED ON THE PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION THAT SHALL INCLUDE THE FOLLOWING INFORMATION:
  (I) THE RAMIFICATIONS OF  SUCH  SCHOOL  CLOSURE  UPON  THE  COMMUNITY,
INITIAL COSTS AND SAVINGS RESULTING FROM SUCH SCHOOL CLOSURE, THE POTEN-
TIAL DISPOSABILITY OF ANY CLOSED SCHOOL;
  (II)  THE  IMPACTS  OF  THE  PROPOSED  SCHOOL  CLOSURE TO ANY AFFECTED
STUDENTS AND THE ABILITY OF OTHER SCHOOLS IN THE AFFECTED  COMMUNITY  TO
ACCOMMODATE PUPILS FOLLOWING THE SCHOOL CLOSURE;
  (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 CLOSURE ON PERSONNEL NEEDS, THE COSTS
OF  INSTRUCTION,  ADMINISTRATION,  TRANSPORTATION,  AND  OTHER   SUPPORT
SERVICES; AND
  (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.
  (C) SUCH SCHOOL CLOSURE PLAN SHALL BE MADE PUBLICLY AVAILABLE, INCLUD-
ING  VIA  THE BOARD OF EDUCATION'S OFFICIAL INTERNET WEBSITE, AND A COPY
SHALL ALSO BE FILED WITH THE AFFECTED COMMUNITY SCHOOLS ADVISORY COUNCIL
AT LEAST SIX MONTHS IN ADVANCE  OF  THE  FIRST  DAY  OF  SCHOOL  IN  THE
SUCCEEDING SCHOOL YEAR.
  (D) WITHIN SIXTY DAYS FOLLOWING THE FILING OF THE SCHOOL CLOSURE PLAN,
THE  SUPERINTENDENT  SHALL HOLD A JOINT PUBLIC HEARING WITH THE IMPACTED
COMMUNITY SCHOOLS ADVISORY COUNCIL AT THE SCHOOL THAT IS SUBJECT TO  THE
PROPOSED  SCHOOL  CLOSING,  AND  SHALL  ALLOW  ALL INTERESTED PARTIES AN
OPPORTUNITY TO PRESENT  COMMENTS  OR  CONCERNS  REGARDING  THE  PROPOSED
SCHOOL  CLOSING.  THE  SUPERINTENDENT  SHALL  ENSURE THAT NOTICE OF SUCH
JOINT HEARING IS WIDELY AND CONSPICUOUSLY POSTED IN  SUCH  A  MANNER  TO
MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS THAT RECEIVE NOTICE, INCLUD-
ING  PROVIDING  NOTICE  TO AFFECTED PARENTS AND STUDENTS AND THE ELECTED
STATE AND LOCAL OFFICIALS WHO REPRESENT THE AFFECTED COMMUNITIES.
  (E) THE SUPERINTENDENT SHALL RENDER A DECISION ON ALL PROPOSED  SCHOOL
CLOSURES;  PROVIDED,  HOWEVER,  A  SCHOOL  CLOSURE SHALL NOT TAKE EFFECT
UNTIL ALL THE PROVISIONS OF THIS SUBDIVISION HAVE BEEN SATISFIED AND THE
SCHOOL YEAR IN WHICH THE DECISION TO CLOSE SUCH  SCHOOL  WAS  MADE,  HAS
ENDED.
  4. THE SUPERINTENDENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
RY  RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES PURSU-
ANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER,  WHO  DO  NOT
HOLD  VALID  CLEARANCE  PURSUANT  TO SUCH SECTION OR PURSUANT TO SECTION
THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR
TWELVE HUNDRED TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW  IN  ACCORD-
ANCE   WITH   THE  PROVISIONS  OF  SUBDIVISION  TWENTY-FIVE  OF  SECTION
TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
  5. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE THE  SUPER-
INTENDENT TO BE OR ACT AS A CHARTER ENTITY PURSUANT TO ARTICLE FIFTY-SIX
OF THIS TITLE.
  S 2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS AND
DUTIES.  1.  (A)  THERE  SHALL BE ESTABLISHED IN EACH COUNCIL DISTRICT A

S. 8156                            11

COMMUNITY SCHOOLS ADVISORY COUNCIL.  THE COUNCILS SHALL CONSIST OF  FIVE
VOTING MEMBERS, WHO SHALL BE:
  (I) A RESIDENT OF THE COUNCIL DISTRICT;
  (II)  AN ELIGIBLE VOTER PURSUANT TO SECTION 5-102 OF THE ELECTION LAW;
AND
  (III) A PARENT OF A CHILD ATTENDING A SCHOOL LOCATED WITHIN THE  COUN-
CIL  DISTRICT,  OR  HAVE  ATTENDED  A SCHOOL WITHIN THE COUNCIL DISTRICT
WITHIN THE PRECEDING YEAR, AND SELECTED BY THE PRESIDENTS  AND  OFFICERS
OF THE PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS OF SCHOOLS
LOCATED IN THE COUNCIL DISTRICT.
  (B)  SUCH MEMBERS SHALL SERVE FOR A TERM OF TWO YEARS AND 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 ADVISORY COUNCIL.
  (C) PRESIDENTS AND OFFICERS OF PARENTS' ASSOCIATIONS OR  PARENT-TEACH-
ERS'  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  PROC-
ESS.
  2. (A) THE SUPERINTENDENT SHALL:
  (I) DEVELOP SELECTION PROCEDURES TO BE APPROVED BY THE BOARD FOR ADVI-
SORY  COUNCIL  MEMBERS  WHICH,  TO  THE  MAXIMUM  EXTENT POSSIBLE, SHALL
ATTEMPT TO ENSURE A MEMBERSHIP THAT REFLECTS A REPRESENTATIVE CROSS-SEC-
TION OF THE COMMUNITIES WITHIN THE COUNCIL DISTRICT AND DIVERSITY OF THE
STUDENT POPULATION INCLUDING THOSE WITH PARTICULAR EDUCATIONAL NEEDS;
  (II) REQUIRE FINANCIAL DISCLOSURE BY THE APPOINTEES;
  (III) ESTABLISH POLICIES PROHIBITING  POLITICAL  ENDORSEMENTS  OF  AND
CAMPAIGN CONTRIBUTIONS TO NOMINEES; AND
  (IV)  BEGINNING  IN SEPTEMBER OF EACH SCHOOL YEAR AND CONTINUING UNTIL
THE DATE OF SELECTION, ENSURE THE DISTRIBUTION OF GUIDES TO  PARENTS  IN
ADDITION TO INFORMATION REGARDING ADVISORY COUNCIL ROLES, FUNCTIONS, AND
ACTIVITIES, INCLUDING UPCOMING PARENTS' ASSOCIATION AND PARENT-TEACHERS'
ASSOCIATION  ELECTIONS,  CANDIDATE  INFORMATION,  AND  THE NATURE OF THE
SELECTION PROCESS.
  (B) FOR THE INITIAL ADVISORY COUNCIL, SUCH MEMBERS MUST BE SELECTED ON
OR BEFORE OCTOBER THIRTY-FIRST, TWO THOUSAND ELEVEN, WITH TERMS COMMENC-
ING ON DECEMBER FIRST, TWO THOUSAND ELEVEN.  THEREAFTER,  COMMENCING  IN
THE  YEAR  TWO  THOUSAND  THIRTEEN,  THE  SELECTION  OF ADVISORY COUNCIL
MEMBERS SHALL OCCUR ON THE SECOND TUESDAY IN MAY, WITH TERMS  COMMENCING
ON THE FOLLOWING JULY FIRST.
  (C)  EACH SUCH ADVISORY COUNCIL SHALL SELECT ONE OF ITS VOTING MEMBERS
TO SERVE AS CHAIR, AND SHALL ALSO APPOINT, FROM  AMONG  ITS  MEMBERS,  A
SECRETARY, WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
  (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (II)  RECORD  AND  MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER ADVISORY
COUNCIL MEETINGS; AND
  (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS.
  3. (A) NO PERSON MAY SERVE ON MORE THAN ONE ADVISORY COUNCIL OR ON THE
CITY-WIDE COUNCIL ON SPECIAL EDUCATION, THE CITY-WIDE COUNCIL ON ENGLISH
LANGUAGE LEARNERS AND AN ADVISORY COUNCIL.  NO PERSON SHALL BE  ELIGIBLE
FOR  MEMBERSHIP  ON  AN ADVISORY COUNCIL IF HE OR SHE HOLDS ANY ELECTIVE
PUBLIC OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF
DELEGATE OR ALTERNATE DELEGATE TO A NATIONAL, STATE, JUDICIAL  OR  OTHER
PARTY CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.

S. 8156                            12

  (B)  A  PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR HAS BEEN REMOVED
FROM AN ADVISORY COUNCIL, THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION, OR
THE CITY-WIDE COUNCIL ON  ENGLISH  LANGUAGE  LEARNERS  FOR  ANY  OF  THE
FOLLOWING  SHALL  BE PERMANENTLY INELIGIBLE FOR APPOINTMENT TO ANY ADVI-
SORY COUNCIL:
  (I)  AN  ACT  OF MALFEASANCE DIRECTLY RELATED TO HIS OR HER SERVICE ON
THE ADVISORY COUNCIL, THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION, OR THE
CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS; OR
  (II) CONVICTION OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED  TO  HIS
OR HER SERVICE ON THE ADVISORY COUNCIL, THE CITY-WIDE COUNCIL ON SPECIAL
EDUCATION, OR THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS.
  (C)  VACANCIES  SHALL BE FILLED BY THE SUPERINTENDENT FOR AN UNEXPIRED
TERM, AFTER CONSULTATION WITH THE OTHER MEMBERS OF THE ADVISORY COUNCIL.
  4. EACH ADVISORY COUNCIL SHALL HAVE THE FOLLOWING  POWERS  AND  DUTIES
WITH  RESPECT TO ALL PRE-KINDERGARTEN, PRIMARY AND SECONDARY SCHOOLS AND
PROGRAMS IN THE COUNCIL DISTRICT. THE ADVISORY COUNCILS  SHALL  HAVE  NO
EXECUTIVE  OR  ADMINISTRATIVE  POWERS  OR  FUNCTIONS, BUT SHALL HAVE THE
FOLLOWING POWERS AND DUTIES:
  (A) PROMOTE ACHIEVEMENT OF EDUCATIONAL STANDARDS AND OBJECTIVES RELAT-
ING TO THE INSTRUCTION OF STUDENTS.
  (B) REVIEW, CONDUCT PUBLIC HEARINGS AND COMMENT ON THE ITEMIZED  ESTI-
MATE  PREPARED  BY  THE  SUPERINTENDENT  PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-ONE-I OF THIS ARTICLE AND SUBMIT ANY COMMENTS OR TESTIMO-
NY BY THE PUBLIC TO THE SUPERINTENDENT.
  (C) CONDUCT A JOINT PUBLIC HEARING WITH THE  SUPERINTENDENT  REGARDING
ANY  PROPOSED  SCHOOL  CLOSING  OF  ANY PUBLIC SCHOOL LOCATED WITHIN THE
COUNCIL DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
THIS ARTICLE.
  (D) CONDUCT REGULAR MEETINGS WITH THE SUPERINTENDENT  TO  DISCUSS  THE
CURRENT STATE OF THE SCHOOLS IN THE COUNCIL DISTRICT.
  (E)  REVIEW  THE  COUNCIL  DISTRICT'S  EDUCATIONAL PROGRAMS AND ASSESS
THEIR EFFECT ON STUDENT ACHIEVEMENT.
  (F) SUBMIT AN ANNUAL EVALUATION OF THE SUPERINTENDENT TO THE MAYOR.
  (G) PROVIDE INPUT, AS IT DEEMS NECESSARY, TO  THE  SUPERINTENDENT  AND
THE BOARD ON MATTERS OF CONCERN TO THE COUNCIL DISTRICT.
  (H)  SUBMIT A LIST TO THE BOARD OF EDUCATION OF COUNCIL DISTRICT RESI-
DENTS TO BE CONSIDERED BY SUCH BOARD FOR  MEMBERSHIP  ON  THE  CITY-WIDE
COUNCILS ON SPECIAL EDUCATION AND ENGLISH LANGUAGE LEARNERS.
  S  2591-G.  APPOINTMENT  OF  TEACHERS, ADMINISTRATORS, SUPERVISORS AND
OTHER EMPLOYEES.   1. TEACHERS AND ALL OTHER  MEMBERS  OF  THE  TEACHING
STAFF  OF  THE CITY DISTRICT SHALL BE APPOINTED BY THE SUPERINTENDENT OF
SCHOOLS FOR A PROBATIONARY PERIOD OF THREE YEARS,  EXCEPT  THAT  IN  THE
CASE  OF  A  TEACHER  WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR
SUBSTITUTE FOR A PERIOD OF TWO YEARS OR AS  A  SEASONALLY  LICENSED  PER
SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
ITY  FOR  A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME
SUBJECT IN DAY SCHOOLS ON AN  ANNUAL  SALARY,  THE  PROBATIONARY  PERIOD
SHALL  BE  LIMITED TO ONE YEAR; PROVIDED, HOWEVER, THAT IN THE CASE OF A
TEACHER WHO HAS BEEN APPOINTED ON  TENURE  IN  ANOTHER  SCHOOL  DISTRICT
WITHIN  THE  STATE,  THE  SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND  WHO  WAS  NOT  DISMISSED
FROM  SUCH  DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT PURSUANT TO
SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER,  THE
PROBATIONARY  PERIOD SHALL NOT EXCEED TWO YEARS. THE SERVICE OF A PERSON
APPOINTED TO ANY OF SUCH POSITIONS  MAY  BE  DISCONTINUED  AT  ANY  TIME
DURING  SUCH  PROBATIONARY PERIOD BY THE SUPERINTENDENT OF SCHOOLS. EACH

S. 8156                            13

PERSON WHO IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE  SHALL  BE
SO  NOTIFIED  BY THE SUPERINTENDENT OF SCHOOLS IN WRITING NOT LATER THAN
SIXTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION OF HIS OR HER PROBATION-
ARY PERIOD.  FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAP-
TER  AND  BY  THE  REGULATIONS  OF  THE  COMMISSIONER SHALL BE CAUSE FOR
REMOVAL.
  2. ADMINISTRATORS, PRINCIPALS, DIRECTORS, SUPERVISORS  AND  ALL  OTHER
MEMBERS  OF  THE SUPERVISING STAFF SHALL BE APPOINTED BY THE SUPERINTEN-
DENT FOR A PROBATIONARY PERIOD OF THREE YEARS. SCHOOL  PRINCIPALS  SHALL
BE  SELECTED  PURSUANT  TO A PUBLICLY-INCLUSIVE PROCESS FOR THE RECRUIT-
MENT, SCREENING AND SELECTION OF CANDIDATES FOR PRINCIPAL  DEVELOPED  BY
THE  SUPERINTENDENT  AND  APPROVED BY THE BOARD. THE SERVICE OF A PERSON
APPOINTED TO ANY OF SUCH POSITIONS  MAY  BE  DISCONTINUED  AT  ANY  TIME
DURING THE PROBATIONARY PERIOD BY THE SUPERINTENDENT OF SCHOOLS.
  3.  CLERKS, DRAFTSMEN, INSPECTORS, CHEMISTS, TABULATING MACHINE OPERA-
TORS, SECRETARIES,  STENOGRAPHERS,  COPYISTS,  STATISTICIANS,  JANITORS,
CUSTODIANS,  CUSTODIAN-ENGINEERS  AND ALL OTHER ADMINISTRATIVE EMPLOYEES
OF THE CITY DISTRICT, UNLESS OTHERWISE PROVIDED IN THIS  CHAPTER,  SHALL
BE APPOINTED FOR A PROBATIONARY PERIOD PROVIDED IN THE CIVIL SERVICE LAW
AND  REGULATIONS BASED THEREON. THE SERVICE OF A PERSON APPOINTED TO ANY
OF SUCH POSITIONS MAY BE DISCONTINUED BY THE SUPERINTENDENT AT ANY  TIME
DURING  SUCH  PROBATIONARY PERIOD. SUCH PERSONS WHO HAVE SERVED THE FULL
PROBATIONARY PERIOD SHALL HOLD THEIR RESPECTIVE  POSITIONS  DURING  GOOD
BEHAVIOR  AND  EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT BE REMOVED
EXCEPT FOR CAUSE.
  4. NO PRINCIPAL, SUPERVISOR, DIRECTOR, OR TEACHER SHALL  BE  APPOINTED
TO  THE  TEACHING  FORCE  OF  A CITY WHO DOES NOT POSSESS QUALIFICATIONS
REQUIRED UNDER THIS CHAPTER AND UNDER THE REGULATIONS PRESCRIBED BY  THE
COMMISSIONER  FOR  THE PERSONS EMPLOYED IN SUCH POSITIONS IN THE SCHOOLS
OF THE CITIES OF THE STATE, BUT THE SUPERINTENDENT MAY  PRESCRIBE  ADDI-
TIONAL  OR HIGHER QUALIFICATIONS FOR THE PERSONS EMPLOYED IN ANY OF SUCH
POSITIONS.
  5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO  PERIOD  IN
ANY  SCHOOL YEAR FOR WHICH THERE IS NO REQUIRED SERVICE AND/OR FOR WHICH
NO COMPENSATION IS PROVIDED SHALL IN ANY EVENT  CONSTITUTE  A  BREAK  OR
SUSPENSION  OF PROBATIONARY PERIOD OR CONTINUITY OF TENURE RIGHTS OF ANY
OF THE PERSONS DESCRIBED IN THIS SECTION.
  S 2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES.  1.
THE  PRINCIPAL  SHALL  BE THE ADMINISTRATIVE AND INSTRUCTIONAL LEADER OF
THE SCHOOL.
  2. THE SUPERINTENDENT SHALL APPOINT A PRINCIPAL PURSUANT TO A PROCESS,
WHICH SHALL BE APPROVED BY THE BOARD, THAT PROMOTES PARENTAL  AND  STAFF
INVOLVEMENT  IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
TION OF CANDIDATES FOR SCHOOL PRINCIPAL. CANDIDATES MUST MEET THE  LEGAL
AND  REGULATORY  REQUIREMENTS  ESTABLISHING EDUCATIONAL, MANAGERIAL, AND
ADMINISTRATIVE QUALIFICATIONS, INCLUDING EVALUATION OF EACH  CANDIDATE'S
RECORD OF PERFORMANCE IN COMPARABLE POSITIONS.
  3.  SUBJECT  TO  THE  REGULATIONS  OF  THE COMMISSIONER AND APPLICABLE
COLLECTIVE BARGAINING AGREEMENTS AND OBLIGATIONS, THE PRINCIPAL SHALL BE
RESPONSIBLE FOR THE DAY TO DAY OPERATION OF THE SCHOOL AND  SHALL  CARRY
OUT  THE  FOLLOWING  DUTIES  IN  CONSULTATION WITH PARENTS, TEACHERS AND
OTHER STAFF:
  (A) PROMOTE AN EQUAL  EDUCATIONAL  OPPORTUNITY  FOR  STUDENTS  IN  THE
SCHOOL,
  (B)  (I) SURVEY THE ENVIRONMENT OF THE SCHOOL AND ITS SURROUNDINGS AND
ISSUE AN ANNUAL REPORT THAT ASSESSES THE NEED FOR RESOURCES OR SERVICES,

S. 8156                            14

SUCH AS INCREASING SAFETY, IMPROVING INFRASTRUCTURE, AND  OTHER  CHANGES
THAT  COULD  BE IMPLEMENTED TO IMPROVE OR ENHANCE THE QUALITY OF LIFE OF
THE NEIGHBORHOOD WHERE THE SCHOOL IS LOCATED.
  (II)  IN  PREPARING  THE  REPORT,  THE PRINCIPAL SHALL, TO THE MAXIMUM
EXTENT AS  PRACTICABLE,  SEEK  AND  CONSIDER  COMMENTS  AND  INPUT  FROM
AFFECTED  STAKEHOLDERS, INCLUDING STUDENTS, TEACHERS, PARENTS, AND OTHER
INTERESTED COMMUNITY MEMBERS. THE PRINCIPAL SHALL SUBMIT THE REPORT  AND
RECOMMENDATIONS TO THE SUPERINTENDENT.
  (C)  MANAGE AND OPERATE THE SCHOOL BUILDING AND OTHER FACILITIES UNDER
HIS OR HER JURISDICTION.
  S 2591-I. BUDGETARY AND FISCAL PROCESSES. 1.  (A)  THE  SUPERINTENDENT
SHALL  PREPARE  ANNUALLY AN ITEMIZED ESTIMATE FOR THE CURRENT OR ENSUING
FISCAL YEAR OF SUCH SUM OF MONEY AS HE OR SHE MAY DEEM NECESSARY FOR THE
PURPOSES STATED IN THIS SECTION,  AFTER  CREDITING  THERETO  THE  AMOUNT
ANTICIPATED IN THE NEXT APPORTIONMENT OF SCHOOL FUNDS FROM THE STATE AND
THE  ESTIMATED AMOUNT TO BE RECEIVED FROM ALL OTHER SOURCES.  SUCH ESTI-
MATE SHALL BE FILED WITH THE MAYOR, WHO SHALL PLACE SUCH ESTIMATE BEFORE
THE COMMON COUNCIL AT THE SAME TIME AND IN THE SAME MANNER AS  ESTIMATES
FROM  CITY  DEPARTMENTS  ARE  PLACED BEFORE SAID BODY, AND SUCH ESTIMATE
SHALL THEREAFTER BE SUBJECT TO THE SAME CONSIDERATION, ACTION AND PROCE-
DURE AS ALL OTHER ESTIMATES FROM CITY DEPARTMENTS.  THE  COMMON  COUNCIL
MAY  INCREASE,  DIMINISH  OR REJECT ANY ITEM CONTAINED IN SUCH ESTIMATE,
EXCEPT FOR FIXED CHARGES FOR WHICH THE CITY IS LIABLE AND SUBJECT TO THE
LIMITATIONS PROVIDED BY SUBDIVISION TWO OF THIS SECTION.
  (B) PRIOR TO FILING SUCH ESTIMATE WITH THE MAYOR,  THE  SUPERINTENDENT
SHALL  TRANSMIT  A  PROPOSED ESTIMATE TO EACH COMMUNITY SCHOOLS ADVISORY
COUNCIL. EACH COMMUNITY SCHOOLS ADVISORY COUNCIL SHALL CONDUCT A  PUBLIC
HEARING  WITHIN  ITS  RESPECTIVE  COUNCIL DISTRICT TO REVIEW AND SOLICIT
COMMUNITY INPUT AND COMMENTS ON SUCH PROPOSED ESTIMATE.  EACH  COMMUNITY
SCHOOLS  ADVISORY COUNCIL SHALL SUBMIT ANY INPUT OR COMMENTS RECEIVED TO
THE SUPERINTENDENT, WHO SHALL TAKE SUCH INPUT AND COMMENT UNDER  ADVISE-
MENT. WHEN THE SUPERINTENDENT FILES THE ESTIMATE WITH THE MAYOR PURSUANT
TO  THIS SUBDIVISION, HE OR SHE SHALL ALSO TRANSMIT A COPY OF SUCH ESTI-
MATE TO THE BOARD OF EDUCATION.
  (C) SUCH ESTIMATES SHALL BE FOR THE FOLLOWING PURPOSES:
  (I) THE SALARY OF THE SUPERINTENDENT OF SCHOOLS, ASSOCIATE OR  ASSIST-
ANT OR OTHER SUPERINTENDENTS, EXAMINERS, DIRECTORS, SUPERVISORS, PRINCI-
PALS,  TEACHERS,  LECTURERS,  SPECIAL  INSTRUCTORS,  MEDICAL INSPECTORS,
NURSES, ATTENDANCE OFFICERS, CLERKS, CUSTODIANS AND  JANITORS;  AND  THE
SALARY,  FEES  OR  COMPENSATION  OF  ALL  OTHER  EMPLOYEES  APPOINTED OR
EMPLOYED BY THE SUPERINTENDENT, INCLUDING STAFF ASSIGNED TO  THE  BOARD.
IN  ADDITION, THE EXPENSES OF PERSONNEL UTILIZED TO FULFILL THE INTERNAL
AUDIT FUNCTION PURSUANT TO SECTION TWENTY-ONE HUNDRED SIXTEEN-B OF  THIS
TITLE.
  (II) THE OTHER NECESSARY INCIDENTAL AND CONTINGENT EXPENSES, INCLUDING
ORDINARY  REPAIRS  TO  BUILDINGS  AND  THE  PURCHASE  OF FUEL AND LIGHT,
SUPPLIES, TEXTBOOKS, SCHOOL APPARATUS, BOOKS, FURNITURE AND FIXTURES AND
OTHER ARTICLES AND SERVICE NECESSARY FOR THE PROPER MAINTENANCE,  OPERA-
TION AND SUPPORT OF THE SCHOOLS, LIBRARIES AND OTHER EDUCATIONAL, SOCIAL
OR RECREATIONAL AFFAIRS AND INTERESTS OF THE CITY DISTRICT.
  (III)  THE  REMODELLING OR ENLARGING OF BUILDINGS REQUIRED BY THE CITY
DISTRICT, THE CONSTRUCTION OF NEW BUILDINGS FOR USES AUTHORIZED BY  THIS
CHAPTER  AND  THE FURNISHING AND EQUIPMENT THEREOF, THE PURCHASE OF REAL
PROPERTY FOR NEW SITES,  ADDITIONS  TO  PRESENT  SITES,  PLAYGROUNDS  OR
RECREATION CENTERS AND OTHER EDUCATIONAL OR SOCIAL PURPOSES, AND TO MEET
ANY  OTHER  INDEBTEDNESS  OR  LIABILITY INCURRED UNDER THE PROVISIONS OF

S. 8156                            15

THIS CHAPTER OR OTHER STATUTES, OR ANY OTHER EXPENSES WHICH THE BOARD IS
AUTHORIZED TO INCUR. NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT THE
FINANCING, IN WHOLE OR IN PART, OF ANY EXPENDITURE  ENUMERATED  IN  THIS
SUBDIVISION PURSUANT TO THE LOCAL FINANCE LAW.
  2. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS:
  (I)  "CITY  FUNDS"  SHALL  MEAN FUNDS OF THE CITY OF ROCHESTER DERIVED
FROM ANY SOURCE EXCEPT FUNDS CONTAINED WITHIN THE CAPITAL BUDGET,  FUNDS
FROM COUNTY SALES TAX REVENUES SHARED WITH SUCH CITY, FUNDS DERIVED FROM
ANY  FEDERAL  SOURCE AND FUNDS DERIVED FROM ANY STATE OR PRIVATE SOURCES
OVER WHICH THE CITY HAS NO DISCRETION, AS DEFINED IN REGULATIONS OF  THE
COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET.
  (II)  "CITY AMOUNT" SHALL MEAN THE TOTAL AMOUNT OF EXPENDITURES FUNDED
BY CITY FUNDS FOR THE SUPPORT OF THE CITY DISTRICT, NOT  INCLUDING  CITY
PAYMENTS  TO  BOND  OR  NOTE  HOLDERS  FOR DEBT SERVICE PAYMENTS OF SUCH
DISTRICT, AS CONTAINED WITHIN THE BUDGET AS ADOPTED BY SUCH CITY.
  (III) "BASE YEAR" SHALL MEAN THE FISCAL YEAR IMMEDIATELY PRECEDING THE
FISCAL YEAR FOR WHICH THE BUDGET REFERRED TO  IN  SUBPARAGRAPH  (II)  OF
THIS  PARAGRAPH  IS ADOPTED.   THE INITIAL BASE YEAR SHALL BE THE FISCAL
YEAR ENDING JUNE THIRTIETH, TWO THOUSAND SEVEN.
  (B) THE CITY AMOUNT SHALL NOT BE LESS THAN THE CITY  AMOUNT  APPROPRI-
ATED  IN  THE BASE YEAR DETERMINED AT THE TIME OF ADOPTION OF THE BUDGET
FOR THE ENSUING FISCAL YEAR, AND SHALL NOT BE LESS THAN THE CITY  AMOUNT
EXPENDED  IN  THE BASE YEAR DETERMINED AS OF THE END OF THE SCHOOL YEAR.
PROVIDED, HOWEVER, IN THE EVENT THE TOTAL AMOUNT OF  CITY  FUNDS  RELIED
UPON TO BALANCE SUCH BUDGET IS LOWER THAN THE TOTAL AMOUNT OF CITY FUNDS
APPROPRIATED  IN THE BASE YEAR, AS DETERMINED AT THE TIME OF ADOPTION OF
SUCH BUDGET, THE CITY AMOUNT MAY BE REDUCED BY UP TO THE SAME PERCENTAGE
AS THE OVERALL PERCENTAGE DECREASE IN CITY FUNDS BETWEEN THE  BASE  YEAR
AND  THE  ENSUING  FISCAL YEAR. THE CITY SHALL NOT USE OR SPEND THE CITY
AMOUNT FOR ANY PURPOSES  OTHER  THAN  IN  DIRECT  SUPPORT  OF  THE  CITY
DISTRICT.
  (C) UPON THE ENACTMENT OF A CITY BUDGET, FOR THE TWO THOUSAND TEN--TWO
THOUSAND  ELEVEN  SCHOOL  YEAR BUDGET AND ANNUALLY THEREAFTER, THE MAYOR
SHALL ANNUALLY CERTIFY TO THE COMMISSIONER, IN A FORM PRESCRIBED BY  THE
COMMISSIONER UPON APPROVAL OF THE DIRECTOR OF THE BUDGET, AS TO THE CITY
AMOUNT  IN  SUCH  BUDGET, THE CITY AMOUNT IN THE BASE YEAR, AND THAT THE
CITY AMOUNT APPROPRIATED IN SUCH BUDGET IS IN COMPLIANCE WITH  PARAGRAPH
(B) OF THIS SUBDIVISION.
  (D)  THE  SCHOOL  DISTRICT AUDIT REPORT CERTIFIED TO BY AN INDEPENDENT
CERTIFIED PUBLIC ACCOUNTANT OR AN  INDEPENDENT  ACCOUNTANT  PURSUANT  TO
SECTION  TWENTY-ONE HUNDRED SIXTEEN-A OF THIS TITLE FOR THE TWO THOUSAND
TEN--TWO THOUSAND ELEVEN SCHOOL  YEAR  BUDGET  AND  ANNUALLY  THEREAFTER
SHALL INCLUDE A CERTIFICATION BY THE ACCOUNTANT, IN A FORM PRESCRIBED BY
THE  COMMISSIONER UPON APPROVAL OF THE DIRECTOR OF THE BUDGET, AS TO THE
CITY AMOUNT EXPENDED IN THE SCHOOL YEAR COVERED BY  SUCH  AUDIT  REPORT,
THE  CITY  AMOUNT  IN  THE  PRIOR  SCHOOL YEAR, AND THAT THE CITY AMOUNT
EXPENDED IN THE SCHOOL YEAR COVERED BY SUCH AUDIT REPORT IS  IN  COMPLI-
ANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
  3. THE SUPERINTENDENT MAY, TO MEET OR RESPOND TO EMERGENCIES WHICH MAY
ARISE,  SUBMIT  A  SPECIAL  ESTIMATE  IN  WHICH  ITEMS FOR EXTRAORDINARY
EXPENSES MAY BE SUBMITTED TO MEET SUCH EMERGENCIES. SUCH ESTIMATE  SHALL
CONTAIN  A  COMPLETE  STATEMENT  OF THE PURPOSES FOR WHICH THE ITEMS ARE
REQUESTED AND THE NECESSITY THEREFOR. THE SAME METHOD OF PROCEDURE SHALL
BE FOLLOWED IN SUBMITTING SUCH  ESTIMATE  AND  SUCH  ESTIMATE  SHALL  BE
SUBJECT  TO  THE  SAME  CONSIDERATION  AND  ACTION AS IS REQUIRED IN THE
SUBMISSION, CONSIDERATION AND ACTION UPON THE  REGULAR  ANNUAL  ESTIMATE

S. 8156                            16

SUBMITTED  BY THE SUPERINTENDENT. THE COMMON COUNCIL SHALL HAVE POWER TO
MAKE THE APPROPRIATIONS REQUESTED BY THE SUPERINTENDENT IN SUCH  SPECIAL
ESTIMATE.
  4.  THE  BOARD  SHALL  NOT  INCUR A LIABILITY OR AN EXPENSE CHARGEABLE
AGAINST THE FUNDS UNDER ITS CONTROL OR  THE  CITY  FOR  ANY  PURPOSE  IN
EXCESS  OF  THE  AMOUNT  APPROPRIATED OR AVAILABLE THEREFOR OR OTHERWISE
AUTHORIZED BY LAW.
  S 2591-J. CUSTODY AND DISBURSEMENT OF FUNDS. 1. PUBLIC  MONEYS  APPOR-
TIONED TO THE CITY BY THE STATE AND ALL FUNDS RAISED OR COLLECTED BY THE
AUTHORITIES  IN  THE CITY FOR SCHOOL PURPOSES OR TO BE USED BY THE BOARD
FOR ANY PURPOSE AUTHORIZED IN THIS ARTICLE, OR ANY OTHER FUNDS BELONGING
TO THE  CITY  AND  RECEIVED  FROM  ANY  SOURCE  WHATSOEVER  FOR  SIMILAR
PURPOSES,  SHALL  BE  PAID  INTO  THE TREASURY OF SUCH CITY AND SHALL BE
CREDITED TO THE BOARD. THE FUNDS SO RECEIVED INTO SUCH TREASURY SHALL BE
KEPT SEPARATE AND DISTINCT FROM ANY OTHER FUNDS RECEIVED INTO  THE  SAID
TREASURY.  THE  OFFICER  HAVING THE CHARGE THEREOF SHALL GIVE SUCH ADDI-
TIONAL SECURITY FOR THE SAFE CUSTODY THEREOF AS THE  CORPORATE  AUTHORI-
TIES OF SUCH CITY SHALL REQUIRE.
  2.  SUCH FUNDS SHALL BE DISBURSED BY AUTHORITY OF THE BOARD UPON WRIT-
TEN ORDERS DRAWN ON THE CITY TREASURER OR OTHER FISCAL  OFFICER  OF  THE
CITY.  SUCH  ORDERS SHALL BE SIGNED BY THE SUPERINTENDENT OF SCHOOLS AND
THE CLAIMS AUDITOR. ORDERS SHALL BE  NUMBERED  CONSECUTIVELY  AND  SHALL
SPECIFY  THE  PURPOSE  FOR WHICH THEY ARE DRAWN AND THE PERSON OR CORPO-
RATION TO WHOM THEY ARE PAYABLE. THE CLAIMS AUDITOR  SHALL  ENSURE  THAT
ORDERS  COMPLY  WITH THE APPROPRIATE POLICIES AND PROCEDURES OF THE CITY
SCHOOL DISTRICT PRIOR  TO  APPROVAL  FOR  PAYMENT,  INCLUDING  WITH  THE
PROCUREMENT  POLICY  PROPOSED  BY THE SUPERINTENDENT PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE  AND  APPROVED  BY  THE
BOARD PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTI-
CLE.  CLAIMS  AGAINST THE CITY SCHOOL DISTRICT SHALL NOT BE PAID WITHOUT
PRIOR AUDIT AND APPROVAL BY THE CLAIMS AUDITOR.
  3. FIXED SALARIES, PRINCIPAL  OF  AND  INTEREST  ON  INDEBTEDNESS  AND
AMOUNTS  BECOMING  DUE  UPON  LAWFUL CONTRACTS FOR PERIODS EXCEEDING ONE
YEAR MAY BE DISBURSED WITHOUT PRIOR AUDIT OF THE  BOARD  OR  THE  CLAIMS
AUDITOR.  BY  RESOLUTION  DULY ADOPTED, THE BOARD MAY DETERMINE TO ENTER
INTO A CONTRACT TO PROVIDE FOR THE DEPOSIT OF THE  PERIODIC  PAYROLL  OF
THE  SCHOOL  DISTRICT  IN A BANK OR TRUST COMPANY FOR DISBURSAL BY IT IN
ACCORDANCE WITH PROVISIONS OF SECTION NINETY-SIX-B OF THE BANKING LAW.
  4. IT SHALL BE UNLAWFUL FOR A CITY TREASURER OR OTHER  OFFICER  HAVING
THE CUSTODY OF SUCH CITY FUNDS TO PERMIT THEIR USE FOR ANY PURPOSE OTHER
THAN THAT FOR WHICH THEY ARE LAWFULLY AUTHORIZED; THEY SHALL BE PAID OUT
ONLY  ON  AUDIT  OF  THE CLAIMS AUDITOR OR AS OTHERWISE PROVIDED BY LAW.
PAYMENTS FROM SUCH FUNDS SHALL BE MADE ONLY  BY  CHECKS  SIGNED  BY  THE
TREASURER OR OTHER CUSTODIAN OF SUCH MONEYS AND PAYABLE TO THE PERSON OR
PERSONS  ENTITLED  THERETO AND COUNTERSIGNED BY AN OFFICER DESIGNATED BY
THE OFFICER OR BODY HAVING THE GENERAL CONTROL OF THE FINANCIAL  AFFAIRS
OF  SUCH CITY.  THE BOARD SHALL MAKE, IN ADDITION TO SUCH CLASSIFICATION
OF ITS FUNDS AND ACCOUNTS AS IT DESIRES FOR ITS OWN USE AND INFORMATION,
SUCH FURTHER CLASSIFICATION  OF  THE  FUNDS  UNDER  ITS  MANAGEMENT  AND
CONTROL  AND  OF THE DISBURSEMENTS THEREOF AS THE OFFICER OR BODY HAVING
THE GENERAL CONTROL  OF  THE  FINANCIAL  AFFAIRS  OF  SUCH  CITY,  SHALL
REQUIRE,  AND  SUCH  BOARD  SHALL  FURNISH SUCH DATA IN RELATION TO SUCH
FUNDS AND THEIR DISBURSEMENTS AS THE FINANCIAL OFFICER OR  BODY  OF  THE
CITY SHALL REQUIRE.
  S  3.  The charter of the city of Rochester is amended by adding a new
chapter 17 to read as follows:

S. 8156                            17

                               CHAPTER 17
                    INDEPENDENT EDUCATION BUDGET OFFICE
SECTION 17-1. INDEPENDENT EDUCATION BUDGET OFFICE.
        17-2. APPOINTMENT PROCESS; TERM OF OFFICE OF DIRECTOR.
        17-3. DUTIES AND RESPONSIBILITIES OF DIRECTOR.
        17-4. FUNDING OF OFFICE.
  S 17-1. INDEPENDENT EDUCATION BUDGET OFFICE.
  THERE  SHALL  BE  ESTABLISHED  PURSUANT TO THIS SECTION AN INDEPENDENT
EDUCATION BUDGET OFFICE  TO  BE  HEADED  BY  A  DIRECTOR  WHO  SHALL  BE
APPOINTED  BY  THE  MAYOR UPON THE RECOMMENDATION OF A SPECIAL COMMITTEE
ESTABLISHED FOR THIS PURPOSE.
  S 17-2. APPOINTMENT PROCESS; TERM OF OFFICE OF DIRECTOR.
  A. THE SPECIAL COMMITTEE SHALL CONSIST OF FIVE  MEMBERS;  TWO  MEMBERS
APPOINTED BY THE MAYOR, TWO MEMBERS APPOINTED BY THE COMMON COUNCIL, AND
ONE  MEMBER  MUTUALLY  AGREED  TO  BY  THE MAYOR AND THE COMMON COUNCIL.
MEMBERS SHALL POSSESS EXTENSIVE KNOWLEDGE AND  EXPERIENCE  IN  EDUCATION
POLICY  AND  FINANCE.  THE MEMBERS OF THE SPECIAL COMMITTEE SHALL NOT BE
PAID A SALARY OR STIPEND, BUT SHALL BE REIMBURSED  FOR  ALL  ACTUAL  AND
NECESSARY  EXPENSES  DIRECTLY RELATED TO THE DUTIES AND RESPONSIBILITIES
OF SUCH COMMITTEE.
  B. THE SPECIAL COMMITTEE, PURSUANT TO A  PUBLICLY-INCLUSIVE  SCREENING
AND INTERVIEW PROCESS, SHALL RECOMMEND THREE CANDIDATES TO THE MAYOR FOR
HIS OR HER APPOINTMENT.
  C.  THE DIRECTOR SHALL BE APPOINTED WITHOUT REGARD TO POLITICAL AFFIL-
IATION AND SOLELY ON THE BASIS OF FITNESS TO  PERFORM  THE  DUTIES,  AND
SHALL  SERVE  A  FOUR  YEAR  TERM.  THE DIRECTOR MAY BE REMOVED ONLY FOR
CAUSE. IN THE EVENT OF A VACANCY, THE INDIVIDUAL APPOINTED TO  FILL  THE
VACANCY  SHALL BE APPOINTED PURSUANT TO SECTION 17-1 OF THIS CHARTER AND
THIS SECTION, AND SERVE ONLY FOR THE UNEXPIRED PORTION OF THE TERM.
  D. THE SPECIAL COMMITTEE SHALL BE DISSOLVED AFTER THE APPOINTMENT OF A
DIRECTOR BY THE MAYOR. IN THE EVENT OF A VACANCY, A NEW SPECIAL  COMMIT-
TEE SHALL BE APPOINTED PURSUANT TO SUBDIVISION A OF THIS SECTION.
  S 17-3. DUTIES AND RESPONSIBILITIES OF DIRECTOR.
  A. THE DIRECTOR SHALL PROVIDE TO THE MAYOR, THE COMMON COUNCIL AND THE
PUBLIC, THE FOLLOWING INFORMATION:
  (1)  INFORMATION  WITH RESPECT TO THE BUDGET, APPROPRIATIONS BILLS AND
PROPOSED LOCAL LAWS WITH FISCAL IMPLICATIONS AFFECTING THE  CITY  SCHOOL
DISTRICT;
  (2)  INFORMATION  WITH  RESPECT  TO  ESTIMATED CITY, STATE AND FEDERAL
REVENUES AND CHANGING  REVENUE  CONDITIONS  AFFECTING  THE  CITY  SCHOOL
DISTRICT; AND
  (3)  TO  THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR ANALYSES AS
MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES.
  B. THE DIRECTOR SHALL ALSO ISSUE REGULAR REPORTS TO  ENHANCE  OFFICIAL
AND  PUBLIC  UNDERSTANDING  OF  THE  EDUCATION BUDGET, INCLUDING MATTERS
RELATING TO CITY, STATE AND FEDERAL REVENUES, EXPENDITURES, OR FINANCIAL
MANAGEMENT PRACTICES AFFECTING THE  CITY  SCHOOL  DISTRICT  AND  RELATED
MATTERS.
  C.  THE DIRECTOR SHALL BE AUTHORIZED TO SECURE SUCH INFORMATION, DATA,
ESTIMATES AND STATISTICS  FROM  THE  MAYOR,  COMMON  COUNCIL,  AGENCIES,
DEPARTMENTS,  OFFICES  AND  OTHER PUBLIC ENTITIES OF THE CITY, INCLUDING
THE CITY SCHOOL DISTRICT AS THE DIRECTOR DETERMINES TO BE NECESSARY  FOR
THE  PERFORMANCE  OF  THE  FUNCTIONS  AND DUTIES OF THE OFFICE; AND SUCH
OFFICIALS OR ENTITIES SHALL PROVIDE SUCH INFORMATION, TO THE EXTENT THAT
IT IS AVAILABLE, IN A TIMELY FASHION. THE DIRECTOR SHALL NOT BE ENTITLED
TO  OBTAIN  RECORDS  WHICH  ARE  PROTECTED   BY   THE   PRIVILEGES   FOR

S. 8156                            18

ATTORNEY-CLIENT  COMMUNICATIONS,  ATTORNEY  WORK  PRODUCT,  AND MATERIAL
PREPARED FOR LITIGATION.
  D.  THE  DIRECTOR  SHALL  MAKE  ALL  INFORMATION, DATA, ESTIMATES, AND
STATISTICS OBTAINED UNDER THIS SECTION,  AND  ALL  STUDIES  AND  REPORTS
PREPARED  BY  THE  OFFICE,  AVAILABLE  FOR PUBLIC INSPECTION AND COPYING
DURING NORMAL BUSINESS HOURS  AND  SHALL,  TO  THE  EXTENT  PRACTICABLE,
FURNISH  A  COPY  OF  ANY  SUCH INFORMATION OR REPORT TO ANY PERSON UPON
REQUEST AT A REASONABLE COST.
  S 17-4. FUNDING OF OFFICE.
  THE APPROPRIATIONS AVAILABLE TO PAY FOR THE EXPENSES OF THE  INDEPEND-
ENT  BUDGET  OFFICE  DURING EACH FISCAL YEAR SHALL NOT BE LESS THAN FIVE
PER CENTUM OF THE APPROPRIATIONS TO PAY THE EXPENSES OF  THE  OFFICE  OF
MANAGEMENT AND BUDGET DURING SUCH FISCAL YEAR.
  S  4.  Section 2552 of the education law, as amended by chapter 138 of
the laws of 1974, is amended to read as follows:
  S 2552. Board of education.  The board of education of each such  city
school  district  is  hereby  continued. The educational affairs in each
such city school district shall be  under  the  general  management  and
control  of  a  board of education to consist of not less than three and
not more than nine members, to be chosen as hereinafter provided, and to
be known as members of the board of education, except that the board  of
education  of  the city school district of the city of New York shall be
constituted as provided in article  fifty-two-A  of  this  chapter,  AND
EXCEPT  FURTHER  THAT THE BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT
OF THE CITY OF ROCHESTER SHALL BE CONSTITUTED  AS  PROVIDED  IN  ARTICLE
FIFTY-TWO-B  OF  THIS  CHAPTER.    The number of members on the board of
education of each such city school district  shall  continue  to  be  as
follows:
  a. City school district of the city of Buffalo: nine members.
  b. [City school district of the city of Rochester: seven members.
  c.] City school district of the city of Syracuse: seven members.
  [d.] C. City school district of the city of Yonkers: nine members.
  S 5.  Subdivisions 1, 2, 3, 4, 5, 6, 7, 8 and 9 of section 2553 of the
education  law,  subdivision 1 as separately amended by chapters 211 and
441 of the laws of 1980, subdivisions 2, 3, 4 and 5 as added by  chapter
242  of the laws of 1974, subdivision 6 and paragraphs (c), (d), (e) and
(g) of subdivision 9 as amended and paragraphs (f) and (h)  of  subdivi-
sion  9 as relettered by chapter 211 of the laws of 1980, subdivisions 7
and 8 as amended by chapter 762 of the laws of 1950 and as renumbered by
chapter 330 of the laws of 1969, subdivision 9 as added by  chapter  141
of  the laws of 1971, paragraph (b) of subdivision 9 as amended by chap-
ter 1126 of the laws of 1971 and such subdivision  9  as  renumbered  by
chapter 242 of the laws of 1974, are amended to read as follows:
  1.  No  person shall be eligible to the office of member of a board of
education who is not a citizen of the United States, who is  not  quali-
fied  to  register  for  or  vote  at an election in accordance with the
provisions of section 5-106 of the election law, and who, in the case of
the city school district of the city of Yonkers, has not been a resident
of the city school district for which he is chosen for a  period  of  at
least  three  years  immediately  preceding  the date of his election or
appointment and who, in the case of the city school district of the city
of Buffalo, in the case of a member to be elected  at  large  is  not  a
qualified  voter  of  such  city  school district and who has not been a
resident of such district for a period of at  least  three  years  imme-
diately  preceding  the date of his election and in the case of a member
elected from a city school subdistrict is not a qualified voter of  such

S. 8156                            19

city  school  subdistrict and has not been a resident of the city school
district for three years and a resident of the city  school  subdistrict
which  he  OR  SHE  represents or seeks to represent for a period of one
year  immediately preceding the date of his OR HER election, and who, in
the case of the city school district of the city of [Rochester, is not a
qualified voter under section 5-102 of the election  law  of  such  city
school  district; and who in the case of the city school district of the
city of] Syracuse has not been a qualified voter under section 5-102  of
the  election  law of such city school district for at least ninety days
immediately preceding the date of his OR HER election or appointment.
  2. In the city school [districts] DISTRICT of  the  [cities]  CITY  of
[Rochester and] Syracuse the members of such board of education shall be
chosen by the voters at large at either a general or municipal election,
or  at  both.  In  the  city  school district of the city of Buffalo the
members of such board of education  shall  be  chosen  pursuant  to  the
provisions of subdivision ten of this section.
  3.  In  the city school district of the city of Yonkers members of the
board of education shall be appointed from the  city  at  large  by  the
mayor  and  shall be for terms of five years each, to begin on the first
Tuesday in May.
  4. In the city school districts of the following cities, the terms  of
such members shall be as follows:
  a. [Rochester: Four Years;
  b.] Syracuse: Four Years;
  [c.] B. Yonkers: Five Years.
  5.  The terms of one-fifth of all the members of a board of education,
or of a fraction as close to one-fifth thereof as possible, shall expire
annually on the  first  Tuesday  in  May,  except  in  the  city  school
districts of the cities of Buffalo[, Rochester] and Syracuse.
  6.  If a vacancy occurs other than by expiration of term in the office
of a member of a board of education in a district in which such  members
are  elected  at  a general or municipal election, such vacancy shall be
filled by appointment by the mayor until the next general  or  municipal
election is held, and such vacancy shall then be filled at such election
for  the unexpired portion of such term, except that [in the city school
district of the city of Rochester  any  such  vacancy  shall  be  filled
pursuant  to  the  provisions  of  subdivision  nine of this section and
except further that] any such vacancy on the board of education  of  the
city  school district of the city of Buffalo shall be filled pursuant to
the provisions of subdivision ten of this section.
  7. If such vacancy occurs in such office in a district  in  which  the
members  of  the  board  of  education  are appointed by the mayor, such
vacancy shall be filled by appointment by the mayor of such city for the
unexpired portion of such term, but in Buffalo such appointment shall be
subject to confirmation by the council.
  8. A member of a board of education who publicly declares that  he  OR
SHE  will  not  accept or serve in the office of member of such board of
education, or refuses or neglects to attend three successive meetings of
such board, of which he is duly notified, without rendering a  good  and
valid  excuse  therefor to the other members of such board of education,
vacates his OR HER office by refusal to serve.
  [9. (a) The members of the board  of  education  of  the  city  school
district  of  the  city  of  Rochester shall be elected by the qualified
voters of such city as provided herein.
  (b) The members of the board of education shall be  elected  at  large
throughout the city by the qualified voters at a general election.

S. 8156                            20

  (c)  Such  elections  for  such  officers  shall  be  governed  by the
provisions of the election law in the  same  manner  as  candidates  for
office  generally  to be elected by the voters of the city of Rochester;
provided, however, that each such candidate shall be  required  to  file
petitions containing at least one thousand signatures.
  (d)  No  person  shall  be  eligible for the office of members of such
board of education who is not a qualified voter under section  5-102  of
the  election  law of such city school district. No person shall hold at
the same time the office of member of the board  of  education  and  any
other elective office nor shall he be a candidate for any other elective
office  at  the  same time he is a candidate for the office of member of
such board of education.
  (e) The term of office of each member of  such  board  shall  be  four
years,  commencing  on  the first day of January following his election.
The candidates receiving a plurality of the votes cast respectively  for
the  several  offices  shall  be  declared  elected. Where more than one
office is to be filled by such election and there is a variance  in  the
length of the terms, the candidate receiving the largest number of votes
shall  be  entitled to the longest term and the candidates receiving the
next highest number of votes shall be entitled, in decreasing  order  of
the  respective  number  of  votes to the several offices, in decreasing
order of the length of such terms or unexpired portions of terms.  When-
ever a vacancy shall occur or exist in the office of member of the board
of  education except by reason of expiration of term, such vacancy shall
be filled by the president of the board of education by appointment of a
nominee of the members of the board of education of the  same  political
affiliation  as the person who vacated the office and such nominee shall
be elected by the majority vote of the board of education; if the  board
shall  not  have filled the vacancy within thirty days from the date the
vacancy occurred, then the president of the board shall fill the vacancy
from the same political party as that of  the  person  who  vacated  the
office.  However,  if the vacancy shall occur in the office of member of
the board of education filled by an incumbent elected on a  non-partisan
or  an independent basis, such vacancy shall be filled, after nomination
by the president of the board of education,  by  majority  vote  of  the
remaining  members of the board of education. A person appointed to fill
a vacancy shall hold office to and including  the  thirty-first  day  of
December  next  succeeding  the  first  general  election following such
vacancy, at which a successor must be elected for the remainder  of  the
unexpired term, if any.
  (f)  The members so elected to the board of education shall convene on
the first business day in January of  each  year  at  the  time  of  the
commencement  of  their  term  of office and select from their members a
president who shall serve for a term of one year or such other term, not
exceeding the term of his office, as may be fixed by the rules and regu-
lations of the board.
  (g) The election of members of the board of education  of  the  school
district  of Rochester shall take place at a general election to be held
in such city when an incumbent's term expires, and  the  first  election
hereinunder shall take place in November of nineteen hundred eighty-one.
Such election shall be conducted by the board of elections of the county
of  Monroe  in the same manner as general elections are conducted by it.
The results of such elections, after canvassing, shall be certified  and
reported  by  the  board  of elections to the board of education of such
city. The clerk or other appropriate officer of the board  of  education
shall  within  twenty-four hours after the receipt of such certification

S. 8156                            21

by the board of elections serve a written notice either personally or by
mail upon each person declared to be elected as a member of the board of
education informing him of his election and the length of his term.
  (h)  Notwithstanding  the  provisions  of  any  other law, the present
members of said board of education shall serve the full terms for  which
they  were  elected.  Vacancies  which  may  occur in the board shall be
filled as provided herein, except, that the  vacancies  created  by  the
expansion  of  the  board  of  education  from five to seven members, as
provided herein, shall be filled at the next general election.]
  S 6. The opening paragraph of section 2554 of the  education  law,  as
amended  by  chapter  91  of  the  laws  of  2002, is amended to read as
follows:
  Subject to the provisions of this chapter, the board of education in a
city, except the city board of the city of New York  AND  THE  BOARD  OF
EDUCATION  OF  THE  CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, shall
have the power and it shall be its duty:
  S 7. Subdivision 2 of section 2554 of the education law, as amended by
section 2 of part B of chapter 88 of the laws of  2000,  is  amended  to
read as follows:
  2.  To create, abolish, maintain and consolidate such positions, divi-
sions, boards or bureaus as, in its judgment, may be necessary  for  the
proper  and  efficient  administration  of its work; to appoint a super-
intendent of schools, such  associate,  assistant,  district  and  other
superintendents,  examiners,  directors, supervisors, principals, teach-
ers, lecturers, special instructors, medical inspectors,  nurses,  audi-
tors, attendance officers, secretaries, clerks, custodians, janitors and
other  employees  and other persons or experts in educational, social or
recreational work or in the business  management  or  direction  of  its
affairs  as  said  board  shall  determine  necessary  for the efficient
management of the schools and other  educational,  social,  recreational
and  business  activities;  provided,  however,  that in the city school
[districts] DISTRICT of the [cities] CITY  of  Buffalo  [and  Rochester]
appointment  of  associate,  assistant and district superintendents, and
other supervising staff who are  excluded  from  the  right  to  bargain
collectively  pursuant  to  article  fourteen  of  the civil service law
shall, within the amounts budgeted for such positions, be by the  super-
intendent  of  such  city school district; and to determine their duties
except as otherwise provided herein.
  S 7-a. Subdivision 2-a of  section  2554  of  the  education  law,  as
amended  by  chapter  263  of  the  laws  of 2005, is amended to read as
follows:
  2-a. a. In its discretion  to  adopt  a  resolution  establishing  the
office of claims auditor and appoint a claims auditor who shall hold his
or  her position subject to the pleasure of the board. Such claims audi-
tor shall report directly to the board of education. No person shall  be
eligible for appointment to the office of claims auditor who shall be
  (1) a member of the board of education;
  (2) a clerk or treasurer of the board of education;
  (3)  the  superintendent  of schools or other official of the district
responsible for business management;
  (4) the person designated as purchasing agent; or
  (5) clerical or professional personnel directly involved in accounting
and purchasing functions of the school district.
  b. The position of claims auditor shall be classified  in  the  exempt
class  of  civil  service. The board of education, at any time after the
establishment of the office of claims auditor, may  adopt  a  resolution

S. 8156                            22

abolishing the office; PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION OF
THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER SHALL NOT ABOLISH SUCH
OFFICE.    When the office of claims auditor shall have been established
and a claims auditor shall have been appointed and shall have qualified,
the powers and duties of the board of education with respect to auditing
accounts,  charges,  claims  or demands against the city school district
shall devolve upon and thereafter be exercised by such  claims  auditor,
during  the  continuance  of the office. The board of education shall be
permitted to delegate the claims audit function by using (1) inter-muni-
cipal cooperative agreements, or (2) independent contractors, to fulfill
this function.
  S 8. Subdivision 1 of section 2563 of the education law, as amended by
chapter 228 of the laws of 1971, is amended to read as follows:
  1. The annual meeting of a board of education shall  be  held  on  the
second  Tuesday in May, at four o'clock in the afternoon, at which meet-
ing the board shall select a president for the ensuing year, except that
the annual meeting  of  the  board  of  education  of  the  city  school
[district]  DISTRICTS  of  the  [city]  CITIES of New York AND ROCHESTER
shall be held on the first Tuesday in July.
  S 9. Section 2565 of the education law, as amended by chapter  687  of
the  laws of 1949, subdivision 1 as amended by chapter 41 of the laws of
1996, subdivision 3 as added by chapter 302 of the laws of 1980 and such
section as renumbered by chapter 762 of the laws of 1950, is amended  to
read as follows:
  S 2565. Superintendent of schools, associate superintendents, board of
superintendents.    1. The superintendent or an associate superintendent
of schools of a city in office on June eighth, nineteen  hundred  seven-
teen,  shall  hold his position for the term for which he was chosen and
until his successor is chosen. A superintendent or associate superinten-
dent appointed after such date shall hold his position in a city  having
a  population  of two hundred fifty thousand or more for a period not to
exceed four years from the date of his appointment  and  in  all  cities
subject  to  the  pleasure of the board of education, except that in all
other cities the superintendent of schools may be appointed for  a  term
of  not  to  exceed five years, provided that the terms or provisions of
any employment contract between the  superintendent  and  the  board  of
education relating to an increase in salary, compensation or other bene-
fits,  shall  not  be  based  on or tied to the terms of any contract or
collective bargaining agreement that the board of education has or  will
enter with the teachers or other employees of the school district.
  2.    A  superintendent  or an associate superintendent may vacate his
position by filing a written resignation with the  board  of  education.
No  person  shall  be  eligible  to  the  position  of superintendent of
schools, deputy superintendent of schools, associate  superintendent  of
schools,  assistant superintendent of schools or other superintendent of
schools or member of a board of examiners in  a  city  unless  he  shall
possess  or be entitled to a superintendent's certificate as provided in
section three thousand three of this chapter.
  [3. Notwithstanding the provisions of subdivisions one and two of this
section, the superintendent of schools  of  the  Rochester  city  school
district  shall  serve  at  the  pleasure  of  the  board  of education;
provided, however, that such term shall, in no event, exceed a period of
four years.]
  S 10. Subdivision 6 of section 2566 of the education law,  as  amended
by chapter 263 of the laws of 2005, is amended to read as follows:

S. 8156                            23

  6. To have supervision and direction of associate, assistant, district
and other superintendents, directors, supervisors, principals, teachers,
lecturers, medical inspectors, nurses, claims auditors, attendance offi-
cers,  janitors  and  other  persons  employed  in the management of the
schools  or  the  other educational activities of the city authorized by
this chapter and under the direction and  management  of  the  board  of
education,  except  that  in the city school [districts] DISTRICT of the
[cities] CITY of Buffalo [and Rochester] to  also  appoint,  within  the
amounts budgeted therefor, such associate, assistant and district super-
intendents  and  all  other  supervising staff who are excluded from the
right to bargain collectively pursuant to article fourteen of the  civil
service  law;  to  transfer teachers from one school to another, or from
one grade of the course of study to another grade in such course, and to
report immediately such transfers to said board  for  its  consideration
and  action;  to  report  to said board of education violations of regu-
lations and cases of  insubordination,  and  to  suspend  an  associate,
assistant,  district  or  other  superintendent,  director,  supervisor,
expert, principal, teacher or other  employee  until  the  next  regular
meeting  of  the  board,  when  all  facts relating to the case shall be
submitted to the board for its consideration and action.
  S 11. Subdivision 3 of section 2573 of the education law,  as  amended
by  section 4 of part B of chapter 88 of the laws of 2000, is amended to
read as follows:
  3.  Associate  superintendents,  examiners  and  all  other  employees
authorized  by  section  twenty-five hundred fifty-four of this article,
except as otherwise provided in subdivision one of this  section,  shall
be  appointed  by  the board of education except that in the city school
[districts] DISTRICT of the [cities] CITY of  Buffalo  [and  Rochester],
the  associate,  assistant  and  district  superintendents and all other
supervising staff who are excluded from the right to bargain collective-
ly pursuant to article fourteen  of  the  civil  service  law  shall  be
appointed,  within  amounts  budgeted therefor, by the superintendent of
such city school district. In a city having a population of one  million
or  more,  such  appointments  shall be made on nomination of the super-
intendent of schools. Notwithstanding any other provision in this  chap-
ter  to the contrary, whenever an associate superintendent of schools in
the employ of the board of education in a city having  a  population  of
one  million  or more fails of reappointment, said person shall be imme-
diately appointed an assistant superintendent of schools with  permanent
appointment  as  said  term permanent appointment is defined in subdivi-
sions four, five and six of this section. The salary of  such  assistant
superintendent shall be less than the salary of an associate superinten-
dent, but said differential in salary shall not exceed ten per centum of
the  annual  salary  of  an associate superintendent of schools.   When,
however, an associate superintendent of schools who fails of  reappoint-
ment  has  to  his credit thirty or more years of city service including
ten or more  years  of  service  as  such  associate  superintendent  of
schools,  he shall suffer no reduction of salary or of pension prospects
while serving as such assistant superintendent of schools.
  S 12. Subdivision 2 of section 2576 of the education law,  as  amended
by  section 8 of part B of chapter 57 of the laws of 2007, is amended to
read as follows:
  2. In the city school districts of Syracuse[, Rochester]  and  Yonkers
such  estimate shall be filed with the mayor or city manager. Such offi-
cer shall place such estimate before the board of  estimate  and  appor-
tionment  or  other similar body at the same time and in the same manner

S. 8156                            24

as estimates from city departments or officers are  placed  before  said
board or body, and such estimate shall thereafter be subject to the same
consideration,  action  and  procedure  as all other estimates from city
departments or officers and said board or body may increase, diminish or
reject any item contained in said estimate, except for fixed charges for
which  the  city  is  liable  and subject to the limitations provided by
subdivision five-b of this section. When such estimate is  adopted,  the
said board or body shall file it with the common council.
  S  13. The terms of office of the members of the board of education of
the city of Rochester elected and in office on  the  effective  date  of
this  act shall expire June 30, 2011. On July 1, 2011, the mayor and the
common council of the city of Rochester shall appoint a board of  educa-
tion  for  such  city  school district pursuant to section 2591-c of the
education law as added by section two of this  act.    The  mayor  shall
appoint  two  members  for  an initial two-year term; two members for an
initial three-year term; and one member for an initial  four-year  term.
The  common  council  shall  appoint one member for a two-year term, one
member for a three-year term, and two  members  for  a  four-year  term.
After  the  initial  staggered terms, all members shall serve three-year
terms.  The members of the board of education  established  pursuant  to
section  2591-c of the education law as added by section two of this act
shall take office July 1, 2011.
  S 14.   Notwithstanding any provisions of law  to  the  contrary,  the
board  of education of the city school district of the city of Rochester
and the city school district of the city of  Rochester,  as  established
pursuant to article 52 of the education law, are prohibited from re-neg-
otiating  or  otherwise amending any collective bargaining agreements or
other contracts that expire or end on a date after the board  of  educa-
tion, as established pursuant to section 2591-c of the education law, as
added  by section two of this act, takes office. With respect to collec-
tive bargaining agreements that expire or end prior to the date that the
board of education, as established pursuant to  section  2591-c  of  the
education  law,  as  added by section two of this act, takes office, the
board of education or such city school district may only  negotiate  and
enter  into  a new contract for a period that ends on December 31, 2011.
With respect to contracts, other than collective bargaining  agreements,
that  expire  or  end  prior to the date that the board of education, as
established pursuant to section 2591-c of the education law, as added by
section two of this act, takes office, or are  entered  into  after  the
effective  date  of this act, the board of education or such city school
district may only negotiate and enter into a new contract for  a  period
that  ends  sixty  days  after  the date that the board of education, as
established pursuant to section 2591-c of the education law, as added by
section two of this act, takes office.
  S 15. The provisions of article 52 of the education law shall continue
to apply to the city school district of the city of Rochester, provided,
however, that where any of the provisions of article 52-B of the  educa-
tion  law  are  inconsistent  with  the  provisions of article 52 of the
education law pertaining to governance of the city of  Rochester  school
district,  the  provisions  of  article 52 of the education law shall be
superseded and the provisions of article 52-B of the education law shall
apply.
  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-

S. 8156                            25

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; provided, however that
sections two, three, four, five, six, seven, eight, nine,  ten,  eleven,
twelve  and  fifteen of this act shall take effect July 1, 2011 provided
further that the amendments to the opening paragraph of section 2554  of
the  education  law made by section six of this act shall not affect the
expiration of such paragraph and shall expire on the same date  as  such
paragraph  expires  pursuant  to section 34 of chapter 91 of the laws of
2002, as amended, or expire and be deemed repealed June 30, 2016, which-
ever occurs first; provided further  that  sections  two,  three,  four,
five,  seven,  eight,  nine, ten, eleven, twelve and fifteen of this act
shall expire and be deemed repealed June 30, 2016.