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

                                  4996

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2011
                               ___________

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

AN ACT to amend the education law and the  New  York  city  charter,  in
  relation   to   the   reorganization  of  the  New  York  city  school
  construction authority, board of education and  community  boards;  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 community boards, in
  relation to extending certain provisions of  such  chapter;  to  amend
  chapter  345  of the laws of 2009, amending the education law relating
  to the New York city board of education, chancellor,  community  coun-
  cils  and  community  superintendents,  in  relation  to extending the
  effectiveness of such chapter; and to repeal subdivision 36 of section
  2590-h of the education law relating to certain powers and  duties  of
  the chancellor

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

  Section 1. Subdivision 1 of section 2590-b of the  education  law,  as
amended  by  chapter  345  of  the  laws  of 2009, is amended to read as
follows:
  1. (a) The board of education of the city school district of the  city
of  New  York is hereby continued. Such board of education shall consist
of thirteen appointed members:  one  member  to  be  appointed  by  each
borough  president  of  the  city  of  New York; and eight members to be
appointed by the mayor of the city of New  York.  The  chancellor  shall
serve  as  an  ex-officio  non-voting member of the city board AND SHALL
ATTEND ALL MEETINGS EXCEPT EXECUTIVE  SESSIONS  CONDUCTED  BY  THE  CITY
BOARD.    The  city  board BY A MAJORITY VOTE shall elect its own chair-
person from among its voting members FOR A TERM  OF  FOUR  YEARS.    All
thirteen  appointed  members  shall  serve  [at  the pleasure of] A TERM
COTERMINOUS WITH THAT OF the  appointing  authority  and  shall  not  be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08318-02-1
              

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employed  in  any capacity, SHALL BE SUBJECT TO REMOVAL FOR CAUSE 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 appointment FOR THE  UNEX-
PIRED TERM 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; PROVIDED, HOWEVER, THAT THE CHAIRPERSON SHALL BE ALLOCATED
THE FUNDS AS ARE NECESSARY TO CARRY OUT HIS OR HER DUTIES AND FUNCTIONS,
INCLUDING FUNDS TO RETAIN AND EMPLOY AN ADEQUATE STAFF.
  (b) The city board shall hold at least one regular public 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 chairperson. The city board shall consider  appro-
priate  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.
  (F)(I)  THE  CITY BOARD SHALL HOLD AT A MINIMUM TWELVE PUBLIC HEARINGS
HELD ON A MONTHLY BASIS. SUCH HEARINGS CAN BE PART OF OR IN ADDITION  TO
THE  TWELVE MEETINGS HELD PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION,
ANY OTHER PUBLIC HEARING OR MEETING SCHEDULED PURSUANT TO THIS SECTION.
  (II) PUBLIC HEARINGS PROVIDED FOR BY  THIS  SECTION  SHALL  INCLUDE  A
DESCRIPTION  OF  ALL  CITY-WIDE EDUCATIONAL PLANS TO BE PROPOSED FOR THE
CITY BOARD THAT AFFECTS: (A) EDUCATIONAL STANDARDS AND  POLICY  PURSUANT
TO SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS ARTI-

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CLE;  (B)  PROPOSALS  PURSUANT TO SUBDIVISION TWO OF SECTION TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE; (C) BUDGETARY PROPOSALS ADOPTED PURSU-
ANT TO  SECTION  TWENTY-FIVE  HUNDRED  NINETY-Q  OF  THIS  ARTICLE;  (D)
CONTRACTS OVER ONE HUNDRED THOUSAND DOLLARS PURSUANT TO SUBDIVISION FIVE
OF  SECTION TWENTY-FIVE HUNDRED NINETY-G OF THIS ARTICLE; AND (E) EDUCA-
TIONAL FACILITIES CAPITAL PLAN PURSUANT TO PARAGRAPH (B) OF  SUBDIVISION
THREE  OF  SECTION  TWENTY-FIVE  HUNDRED  NINETY-P OF THIS ARTICLE. SUCH
PUBLIC  HEARINGS,  SHALL  BE  SUBJECT  TO  THE  PROVISIONS  OF   SECTION
TWENTY-FIVE  HUNDRED NINETY-Y OF THIS ARTICLE, EXCEPT PUBLIC HEARINGS OF
THE CITY BOARD ON ALL OTHER MATTERS SHALL, UNLESS OTHERWISE PROVIDED FOR
BY LAW, BE SUBJECT TO THE  PROVISIONS  OF  SECTION  TWENTY-FIVE  HUNDRED
NINETY-Y OF THIS ARTICLE, EXCEPT FOR THE PUBLIC COMMENTS REQUIREMENTS IN
SECTION TWENTY-FIVE HUNDRED NINETY-Y OF THIS ARTICLE.
  (G)  ALL CITY BOARD MEETINGS AND HEARINGS ARE SUBJECT TO ARTICLE SEVEN
OF THE PUBLIC OFFICERS LAW.
  S 2. Paragraph (c) of subdivision 2 of section 2590-b of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  (c)  The  city  board may readjust or alter the districts in such plan
only once in every ten years, commencing  with  the  year  two  thousand
four. The city board in conjunction with the chancellor and the communi-
ty  council  representatives,  shall  prepare  and make public a plan to
ensure the smooth transition of pupils and school personnel, creation of
new boards, and allocation of school facilities and resources among  the
districts  established  pursuant  to  paragraph (b) of this subdivision.
Prior to the adoption of [the  transition  plan]  ANY  READJUSTMENTS  OR
ALTERATIONS  OF THE DISTRICTS PROVIDED FOR BY THIS SUBDIVISION, the city
board shall hold one or more public hearings  in  each  borough[.  The],
SUBJECT  TO  THE  PROVISIONS  OF SECTION TWENTY-FIVE HUNDRED NINETY-Y OF
THIS ARTICLE, EXCEPT THAT THE city board  shall  make  the  [transition]
REVISED  plan  available not less than three weeks before the first such
public hearing. Upon receipt of comments, the city board, in conjunction
with the chancellor and the  community  council  representatives,  shall
prepare a revised [transition] REDISTRICTING plan, if necessary and make
such plan available to the public for comment.
  S  3.  Subdivisions 4 and 7 of section 2590-c of the education law, as
amended by chapter 345 of the laws of  2009,  are  amended  to  read  as
follows:
  4. Notwithstanding any provisions of law to the contrary, the communi-
ty  district  education council may appoint a secretary, pursuant to the
policies of the city board, who shall perform the  following  functions:
(a)  prepare  meeting notices, agendas and minutes; (b) record and main-
tain accounts of proceedings and other council meetings; and (c) prepare
briefing materials and other related informational  materials  for  such
meetings;  AND  (D)  PREPARE PUBLIC HEARING NOTICES, AGENDAS AND MINUTES
FOR PUBLIC HEARINGS HELD PURSUANT TO SECTION TWENTY-FIVE  HUNDRED  NINE-
TY-Y  OF  THIS  ARTICLE.    Each  council  shall  be responsible for the
appointment, supervision, evaluation and discharge of the secretary.
  7. (a) Each community council shall prepare and  submit  to  the  city
board  a  performance report every month. The information provided shall
include community council members' attendance records; participation  in
community  council  committees  and  other community council activities;
visits to schools; and voting records on major issues before the  commu-
nity council.
  (b)  The  city  board  shall  review  and  consolidate the performance
reports into one comprehensive city district-wide report, which shall be

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disseminated  to  the  community  and  the  media  semiannually.    SUCH
DISTRICT-WIDE REPORT SHALL BE PUBLISHED ON THE SCHOOL DISTRICT'S WEBSITE
WITHIN FORTY-EIGHT HOURS OF COMPLETION.
  (C)  MEETINGS  OF  THE  COMMUNITY DISTRICT EDUCATION COUNCILS SHALL BE
SUBJECT TO ARTICLE SEVEN OF THE PUBLIC OFFICERS LAW.
  S 4. Subdivision 1 and the  opening  paragraph  of  subdivision  2  of
section 2590-d of the education law, subdivision 1 as amended by chapter
345  of  the laws of 2009 and the opening paragraph of subdivision 2, as
amended by chapter 123 of the laws of  2003,  are  amended  to  read  as
follows:
  1.  The city board and the chancellor shall prescribe such by-laws and
regulations as may be necessary to make effectual the provisions of this
chapter and for the conduct of the proceedings of said board  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, PUBLISHED ON THE SCHOOL DISTRICT'S
WEBSITE and at such other places as the city board may deem proper.
  Each community council shall prescribe such by-laws and regulations as
may be necessary to make effectual the provisions of  this  chapter  and
for the conduct of the proceedings of said board. Such by-laws and regu-
lations  shall  be  filed  with  the  city board and the commissioner of
education and shall be made available for inspection by  the  public  at
the  offices  of  the  community  council  AND  PUBLISHED  ON THE SCHOOL
DISTRICT'S WEBSITE. Such by-laws shall include, but not  be  limited  to
the following requirements:
  S  5. Subdivisions 8, 14, 17 and 18 of section 2590-e of the education
law, subdivision 8 as amended and subdivisions 14, 17 and 18 as added by
chapter 123 of the laws of 2003, are amended to read as follows:
  8. Each year prepare a school district report card pursuant  to  regu-
lations  of  the  commissioner,  and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to copies of the proposed budget made publicly available as required  by
law,  making  it  available  for distribution at the annual meeting, and
otherwise disseminating it  as  required  by  the  commissioner.  SCHOOL
DISTRICT  REPORT  CARDS  SHALL  BE  PUBLISHED  ON  THE SCHOOL DISTRICT'S
WEBSITE WITHIN FORTY-EIGHT HOURS OF COMPLETION. Such report  card  shall
include  measures of the academic performance of the school district, on
a school by school basis, and measures of the fiscal performance of  the
district,  as prescribed by the commissioner. Pursuant to regulations of
the commissioner, the report card shall also compare these  measures  to
statewide  averages  for  all public schools, and statewide averages for
public schools of comparable wealth and need, developed by  the  commis-
sioner. Such report card shall include, at a minimum, any information on

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the  school  district  regarding  pupil  performance and expenditure per
pupil required to be included in the annual report by  the  requests  to
the  governor  and  the  legislature  pursuant  to  section  two hundred
fifteen-a  of  this  chapter;  and any other information required by the
commissioner. School districts (i) identified as having fifteen  percent
or more of their students in special education, or (ii) which have fifty
percent or more of their students with disabilities in special education
programs or services sixty percent or more of the school day in a gener-
al  education  building,  or  (iii)  which have eight percent or more of
their students with disabilities in special education programs in public
or private separate educational settings shall indicate on their  school
district  report  card  their  respective percentages as defined in this
paragraph and paragraphs (i) and (ii) of this subdivision as compared to
the statewide average.
  14. Hold public meetings at least every month with the  superintendent
during which the public may speak so that parents and the community have
a  voice  and  a  public  forum  to  air their concerns. PUBLIC MEETINGS
PROVIDED FOR BY THIS SECTION SHALL BE SUBJECT TO ARTICLE  SEVEN  OF  THE
PUBLIC OFFICERS LAW.
  17.  Hold  a  public  hearing on the district's annual capacity plans,
recommended by the superintendent and based on data from the  chancellor
on enrollment/utilization for each school within the district and submit
such plan, upon approval by the community council, to the chancellor for
his or her approval and implementation. PUBLIC HEARINGS REQUIRED BY THIS
SECTION  SHALL  BE  SUBJECT  TO  THE  PROVISIONS  OF SECTION TWENTY-FIVE
HUNDRED NINETY-Y OF THIS ARTICLE.
  18. (A) Provide input, as it deems necessary, to  the  chancellor  and
the  city board on matters of concern to the district, INCLUDING BUT NOT
LIMITED TO, PARTICIPATION OF ALL  PUBLIC  HEARINGS,  AND  THE  RIGHT  TO
PROVIDE  COMMENTS  AT  ALL  CITY  BOARD  MEETINGS,  SUBJECT TO THE RULES
PROMULGATED BY THE CHANCELLOR.
  (B) THE CHANCELLOR AND THE CITY BOARD SHALL ON A TIMELY BASIS AND UPON
WRITTEN REQUEST,  PROVIDE  ALL  INFORMATION  AND  DATA  TO  A  COMMUNITY
DISTRICT  EDUCATION  COUNCIL  NECESSARY TO PERFORM ITS DUTIES UNDER THIS
SECTION.
  S 6. The opening paragraph of subdivision 1 of section 2590-f  of  the
education law, as amended by chapter 345 of the laws of 2009, is amended
to read as follows:
  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  AND SHALL BE ALLOCATED THE FUNDS AS ARE NECESSARY TO CARRY OUT
SUCH POWERS AND DUTIES, INCLUDING FUNDS TO RETAIN AND EMPLOY AN ADEQUATE
STAFF:
  S 7. The opening paragraph and subdivision 5 of section 2590-g of  the
education  law,  as  amended  by  chapter  345  of the laws of 2009, are
amended to read as follows:
  The city board shall  advise  the  chancellor  on  matters  of  policy
affecting  the  welfare  of the city school district and its pupils. The
board shall exercise no executive power  and  perform  no  executive  or
administrative  functions.   Nothing herein contained shall be construed
to require or authorize the day-to-day supervision or the administration
of the operations of any school within the city school district  of  the

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city  of  New  York,  EXCEPT AS OTHERWISE PROVIDED BY LAW, THE POWER AND
DUTY OF THE BOARD SHALL BE EXERCISED BY A MAJORITY VOTE OF THE  MEMBERS.
The board shall have the power and duty to:
  5. (a) Approve any contract awarded by the city district or the commu-
nity districts where:
  (i)  such  contract was let by a procurement method other than compet-
itive sealed bidding pursuant  to  [subdivision  thirty-six  of  section
twenty-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] HUNDRED THOUSAND dollars annually;
  (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.
  S  8. Subdivisions 2, 3, 9, 15, 21, 24 and 27 of section 2590-h of the
education law, as amended by chapter 345 of the laws of 2009,  paragraph
(a)  of subdivision 15 as amended by chapter 101 of the laws of 2010 and
the closing paragraph of subdivision 15 as added by chapter 518  of  the
laws  of  2010,  are  amended  and two new subdivisions 9-a and 22-a are
added to read as follows:
  2. Establish, control and operate new schools or programs of the types
specified in subdivision one of this section, or to discontinue any such
schools and programs as he or she may determine; provided, however, that
the chancellor shall consult with the affected community district educa-
tion council AND HOLD PUBLIC HEARINGS PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED NINETY-Y OF THIS ARTICLE before:
  (a)  substantially  expanding  or  reducing such an existing school or
program within a community district;
  (b) initially utilizing a community district school  or  facility  for
such a school or program;
  (c) instituting any new program within a community district.
  3.  Subject  to  the  approval  of  the  city board, develop a plan to
provide for the establishment of comprehensive high schools  within  the
city  district  so that every community district shall have available to
its graduates further education and a comprehensive  high  school.  Such
plan  may  provide  for  the  conversion of academic and vocational high
schools and may be amended or modified from time  to  time,  SUBJECT  TO
PUBLIC HEARINGS PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-Y OF THIS
ARTICLE.
  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, INCLUDING BUT NOT LIMITED TO PUBLISHING ON THE
SCHOOL DISTRICT'S WEBSITE WITHIN FORTY-EIGHT HOURS OF COMPLETION.
  9-A. DEVELOP, SUBJECT TO THE APPROVAL OF THE CITY BOARD BY A  MAJORITY
VOTE  OF  ITS  MEMBERS,  AN  ANNUAL EDUCATIONAL PLAN FOR THE CITY SCHOOL
DISTRICT FOR THE CURRENT FISCAL YEAR THAT PROVIDES THE ANNUAL PRIORITIES

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AND PROGRAMS ALIGNED WITH THE BUDGET. SUCH PLAN SHALL BE MADE PUBLIC AND
SUBMITTED TO THE CITY BOARD ON OR BEFORE OCTOBER FIRST OF EACH YEAR. THE
CITY  BOARD  SHALL  HOLD  AT  LEAST  ONE  HEARING  PURSUANT  TO  SECTION
TWENTY-FIVE  HUNDRED  NINETY-Y  OF THIS ARTICLE. SUCH PLAN SHALL PROVIDE
THE FOLLOWING INFORMATION: (A) NEEDS ASSESSMENT FINDINGS; (B)  STATEMENT
OF  THE  POLICY  PRIORITIES, INCLUDING OVERALL GOALS AND OBJECTIVES; (C)
KEY PRIORITIES AND STRATEGIES OR PROGRAMS  FOR  IMPROVING  INSTRUCTIONAL
PROGRAMS;  STUDENT  OUTCOMES;  STUDENT  TIME  ON TASK; SPECIAL EDUCATION
PROGRAMS AND SERVICE DELIVERY; PROFESSIONAL DEVELOPMENT; MIDDLE AND HIGH
SCHOOL RESTRUCTURING; AVAILABILITY AND QUALITY OF  FULL-DAY  PRE-KINDER-
GARTEN PROGRAMS; PARENTAL INVOLVEMENT AND CONSULTATION; AVAILABILITY AND
QUALITY  OF  VOCATIONAL  HIGH SCHOOLS; AND ANY OTHER EDUCATIONAL MATTERS
DEEMED NECESSARY; (D) PERFORMANCE GOALS AND MEASURES FOR  EACH  PRIORITY
AND  STRATEGY  OR  PROGRAM; AND (E) ESTIMATED FUNDING APPROPRIATIONS FOR
EACH STRATEGY OR PROGRAM.
  15. Promote the involvement and appropriate input of  all  members  of
the school community pursuant to the provisions of this article, includ-
ing parents, teachers, and other school personnel, including:
  (a)  establishing a parents' association or a parent-teachers' associ-
ation in each public school under  the  chancellor's  jurisdiction;  and
ensuring  that the districts and charter schools located within the city
district do the same; the chancellor shall ensure that meetings 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 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 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  process  and
result  in  the  alignment of the comprehensive educational plan and the
school-based budget for the ensuing school  year.  Such  plan  shall  be
submitted  to  the  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 pursu-
ant  to  paragraph (h) of subdivision one of section twenty-five hundred
ninety-f of this article AND SHALL BE PUBLISHED ON THE SCHOOL DISTRICT'S
OR SCHOOL BASED MANAGEMENT TEAM'S WEBSITE. In the case  of  specialized,

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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  twenty-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 includ-
ing 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]  ENSURE  ALL  monthly  meetings  [that is
consistent with the open meetings law] SHALL BE SUBJECT TO ARTICLE SEVEN
OF THE PUBLIC OFFICERS 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;
  (v)  undergo  initial and ongoing training that will allow its members
to carry out their duties effectively;
  (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; AND
  (VI)  THE CHANCELLOR, THE CITY BOARD, THE COMMUNITY DISTRICT EDUCATION
COUNCILS, SUPERINTENDENTS AND PRINCIPALS OF SCHOOLS, SHALL ON  A  TIMELY
BASIS  AND  UPON  WRITTEN REQUEST, PROVIDE ALL INFORMATION AND DATA TO A
SCHOOL LEADERSHIP TEAM  NECESSARY  TO  PERFORM  ITS  DUTIES  UNDER  THIS
SECTION.
  The chancellor shall by rule or regulation provide for the involvement
including  membership,  in  any  parents'  association or parent-teacher
association established pursuant to this subdivision, of  a  grandparent

A. 4996                             9

who  is  in parental relation to a child who attends a school within the
jurisdiction of the community school  district.  For  purposes  of  this
subdivision,  a  grandparent  shall  be  considered  to  be  in parental
relation to a child when such grandparent has assumed care of such child
because  such  child's parents are not available due to death, imprison-
ment, mental illness, living  outside  the  state,  abandonment  of  the
child,  or other circumstances. A determination of whether a grandparent
is in parental relation to a child shall be based  upon  the  individual
circumstances surrounding guardianship and custodial care of such child.
  21.  Perform  the functions of the bureau of audit throughout the city
district, including ensuring compliance  with  [subdivisions  thirty-six
and]  SUBDIVISION  thirty-seven  of this section AND SECTION TWENTY-FIVE
HUNDRED NINETY-V OF THIS ARTICLE.
  22-A. TAKE ALL NECESSARY STEPS TO INTEGRATE THE CENTRALIZED ACCOUNTING
AND BUDGETING SYSTEM OF THE CITY  SCHOOL  DISTRICT  INTO  THE  FINANCIAL
MANAGEMENT  SYSTEM OF THE CITY OF NEW YORK THAT WAS IMPLEMENTED PURSUANT
TO SECTION EIGHT HUNDRED SIXTY-ONE OF THE NEW YORK CITY CHARTER  AND  TO
COMPLETE SUCH INTEGRATION OF SYSTEMS NO LATER THAN JULY FIRST, TWO THOU-
SAND TWELVE.
  24.  Develop  and implement a five-year educational facilities capital
plan, and amendments thereto, as defined in section twenty-five  hundred
ninety-p  of  this  article.    CONDUCT PUBLIC HEARINGS, PROVIDED FOR IN
SECTION TWENTY-FIVE HUNDRED NINETY-Y OF THIS ARTICLE, ON SUCH FIVE  YEAR
FACILITIES CAPITAL PLAN. The chancellor shall also appoint a person, who
reports  directly to the chancellor or his or her designee, to assist in
the development and implementation of such plan and  amendments  thereto
and to oversee the school buildings program.
  27.  Promulgate regulations, in conjunction with each community super-
intendent, establishing a plan for providing access to school facilities
in each community school district, when not in use for school  purposes,
in  accordance  with  the provisions of section four hundred fourteen of
this chapter. Such plan shall set forth a reasonable system of fees  not
to  exceed  the  actual  costs and specify that no part of any fee shall
directly or indirectly benefit or be deposited  into  an  account  which
inures  to  the  benefit of the custodians or custodial engineers.  SUCH
PLAN SHALL ONLY BE IMPLEMENTED, SUBJECT TO A PUBLIC HEARING AS  PROVIDED
FOR  IN  SECTION TWENTY-FIVE HUNDRED NINETY-Y OF THIS ARTICLE, AND SHALL
BE PUBLISHED ON THE SCHOOL DISTRICT'S WEBSITE WITHIN  FORTY-EIGHT  HOURS
AFTER ADOPTION.
  S 9. The opening paragraph and paragraphs (g) and (h) of subdivision 1
of section 2590-i of the education law, as amended by chapter 345 of the
laws of 2009, are amended to read as follows:
  The  principal shall be the administrative and instructional leader of
the school. Subject to the regulations of the chancellor and  applicable
collective bargaining agreements and obligations, the principal shall be
responsible  for  the day to day operation of the school and shall carry
out these duties in consultation  with  parents,  teachers,  MEMBERS  OF
SCHOOL LEADERSHIP TEAMS and other staff, and the school based management
team  pursuant  to  section twenty-five hundred ninety-h of this article
including:
  (g) to make or arrange for minor repairs as delegated by the  chancel-
lor  or  superintendent pursuant to regulations of the chancellor, or as
otherwise authorized by law subject  to  [subdivisions  thirty-six  and]
SUBDIVISION thirty-seven of section twenty-five hundred ninety-h of this
article AND TO SECTION TWENTY-FIVE HUNDRED NINETY-V OF THIS ARTICLE,

A. 4996                            10

  (h)  subject to [subdivisions thirty-six and] SUBDIVISION thirty-seven
of section twenty-five hundred ninety-h of this article AND  TO  SECTION
TWENTY-FIVE HUNDRED NINETY-V OF THIS ARTICLE, identifying and purchasing
equipment  and supplies that can be purchased for less than if purchased
through purchasing arrangements entered into through the city board, the
chancellor or the superintendent,
  S  10. Section 2590-o of the education law, as added by chapter 738 of
the laws of 1988, is amended by adding a new subdivision 3-a to read  as
follows:
  3-A.  NO LATER THAN JANUARY FIRST, TWO THOUSAND TWELVE, THE CHANCELLOR
SHALL PREPARE AND SUBMIT A PRELIMINARY PROPOSED REVISION TO  THE  EDUCA-
TIONAL  FACILITIES  MASTER  PLAN TO THE CITY BOARD AND TO EACH COMMUNITY
SCHOOL BOARD. THIS PROPOSED REVISION SHALL REFLECT THE PROGRESS ACHIEVED
DURING THE FIRST THREE YEARS OF THE MASTER PLAN  AND  SHALL  INCORPORATE
SUCH  CHANGES TO THE MASTER PLAN AS THE CHANCELLOR DEEMS NECESSARY. EACH
SUCH COMMUNITY SCHOOL BOARD SHALL CONDUCT A  PUBLIC  HEARING  AND  SHALL
PREPARE  AND SUBMIT RECOMMENDATIONS TO THE CHANCELLOR ON OR BEFORE MARCH
FIRST, TWO THOUSAND TWELVE WITH RESPECT TO  MATTERS  IN  THE  PLAN  THAT
INVOLVE  THAT  SCHOOL DISTRICT. THE CHANCELLOR SHALL CONSIDER THE RECOM-
MENDATIONS RECEIVED FROM THE COMMUNITY SCHOOL BOARDS, AND, ON OR  BEFORE
APRIL FIRST, TWO THOUSAND TWELVE, SHALL SUBMIT A FINAL PROPOSED REVISION
TO THE MASTER PLAN TO THE CITY BOARD FOR ITS APPROVAL.  ON OR BEFORE MAY
FIRST  OF  SUCH YEAR, THE CITY BOARD SHALL APPROVE BY A MAJORITY VOTE OF
ITS MEMBERS THE REVISION  TO  THE  EDUCATIONAL  FACILITIES  MASTER  PLAN
SUBMITTED BY THE CHANCELLOR.
  S  11. Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by section 9 of chapter 345 of  the  laws  of  2009,  is
amended to read as follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first to  each  community  district  education  council,
which  shall  conduct  a  public  hearing  SUBJECT  TO THE PROVISIONS OF
SECTION TWENTY-FIVE HUNDRED NINETY-Y OF THIS ARTICLE and  shall  prepare
and  submit recommendations to the chancellor on or before January first
of the ensuing year with respect to matters in  the  plan  that  involve
that  school district. The chancellor shall consider the recommendations
received from the community district education councils, and ALL  PUBLIC
COMMENTS  AND  TESTIMONY  PROVIDED  FOR AT PUBLIC HEARINGS, on or before
February first of such year, shall submit  a  final  proposed  five-year
educational  facilities  capital plan to the city board for its approval
BY A MAJORITY VOTE OF ITS MEMBERS pursuant to paragraph (d) of  subdivi-
sion  one  of section twenty-five hundred ninety-g of this article.  THE
CITY BOARD SHALL HOLD PUBLIC HEARINGS ON SUCH FINAL  PROPOSED  FIVE-YEAR
EDUCATIONAL  FACILITIES  CAPITAL PLAN, PRIOR TO THE APPROVAL PURSUANT TO
SECTION TWENTY-FIVE HUNDRED NINETY-Y OF THIS ARTICLE.
  S 12. Subdivision 5 of section 2590-p of the education law,  as  added
by chapter 738 of the laws of 1988, paragraph a as amended by chapter 91
of the laws of 2002, is amended to read as follows:
  5.  a.  The  chancellor may in his or her discretion, SUBJECT TO PARA-
GRAPH B OF THIS SUBDIVISION, submit amendments to an approved  five-year
educational  facilities  capital plan to the city board, mayor, and city
council for their approval.
  b. The chancellor shall submit such amendments in the  event  (i)  the
estimated  cost  of  any program element shall increase by more than ten
percent from the estimate contained in the plan, (ii) a project will not

A. 4996                            11

be commenced within six months from the date  set  forth  in  the  plan,
(iii) a project to be performed at an identified educational facility is
proposed  to  be performed at a different educational facility or (iv) a
project  not identified in the plan, other than projects to be performed
pursuant to paragraph h of subdivision two of this section, is  proposed
to be initiated.
  c.  In  the  event  the city shall appropriate an amount less than the
amount proposed to be funded by the city in the then approved  five-year
educational  facilities  capital  plan, or in the event an appropriation
shall be reduced below such level as provided  in  subdivision  four  of
this  section, the chancellor shall prepare and submit to the city board
for its approval an amendment to such plan to reflect the reduced amount
of funding from the city.
  d. If the effect of any plan amendment  would  require  an  additional
appropriation by the city, no such amendment shall be implemented unless
and until the city shall make such additional appropriation.
  e.  Amendments submitted by the chancellor as described in paragraph c
and in clauses (iii) and (iv) of paragraph b of this  subdivision  shall
also  be  submitted  to  each affected community [school board] DISTRICT
EDUCATION COUNCIL, which  [may]  SHALL  conduct  a  public  hearing  and
prepare  and  submit recommendations to the city board within forty-five
days of such submission.  PUBLIC HEARINGS PROVIDED FOR BY  THIS  SECTION
SHALL  BE  CONDUCTED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-Y OF
THIS ARTICLE, EXCEPT THAT AN EXPEDITED COMMENT AND ASSESSMENT PERIOD, AS
DEFINED IN SUCH SECTION, SHALL BE USED.
  S 13. Paragraph c of subdivision 6 of section 2590-p of the  education
law,  as  amended by chapter 123 of the laws of 2003, is amended to read
as follows:
  c. The chancellor  shall  prepare  preliminary  scopes  (i)  for  each
project  contained  within  the program elements defined in paragraphs a
and b of subdivision two of this section and, where  appropriate,  para-
graph  g of subdivision two of this section, (ii) for each major modern-
ization project contained in paragraph c of such  subdivision  two,  and
(iii) for each new construction project contained in paragraph d of such
subdivision  two,  and  shall  transmit  such  preliminary scopes to the
affected community district education councils. The  community  district
education council [may] SHALL hold hearings on such scope SUBJECT TO THE
PROVISIONS  OF  SECTION  TWENTY-FIVE  HUNDRED  NINETY-Y OF THIS ARTICLE;
provided, however, that the community district  education  council  must
submit  any comments to the chancellor no later than thirty days follow-
ing the date of submission, AND THAT AN EXPEDITED COMMENT AND ASSESSMENT
PERIOD AS DEFINED IN SECTION TWENTY-FIVE HUNDRED NINETY-Y OF THIS  ARTI-
CLE  BE UTILIZED.  The chancellor shall consider the comments in prepar-
ing the scope that he or she will submit to the director  of  management
and budget of the city pursuant to paragraph d of this subdivision.
  S 14. Paragraph (a) of subdivision 4 and subdivisions 10, 11 and 13 of
section  2590-q of the education law, paragraph (a) of subdivision 4 and
subdivisions 10 and 11 as amended by chapter 123 of the laws of 2003 and
subdivision 13 as amended by chapter 91 of the laws of 2002, are amended
to read as follows:
  (a) estimates, as adopted by the city board BY A MAJORITY VOTE OF  THE
MEMBERS,  of  the  total  sum  of money which it deems necessary for the
operation of the city district (other than functions to be financed from
funds provided for in the capital budget of the city)  during  the  next
fiscal  year  of  the city, together with the estimates submitted by the
community district education councils;

A. 4996                            12

  10. Notwithstanding any provisions of law to the contrary, any  moneys
appropriated  to  or  authorized  for expenditure by the city board BY A
MAJORITY VOTE OF THE MEMBERS including moneys so appropriated to finance
innovative programs or activities by community district education  coun-
cils  (but  other than moneys so appropriated for the exercise of powers
or duties reserved to the city board) may be allocated by the chancellor
to any community district education council. Allocations  made  pursuant
to  this subdivision shall be based on the needs of the recipient commu-
nity district education councils, considered  in  conjunction  with  the
needs  of  the  schools  and programs under the jurisdiction of the city
board, in the case of moneys appropriated  for  innovative  programs  or
activities, the relative merit of the programs or activities proposed by
the respective community district education councils.
  11.  The  chancellor  shall  perform  all functions in connection with
article seventy-three of this  chapter;  provided  that  the  chancellor
shall  allocate  to  the community district education councils the state
funds apportioned to the city district pursuant to such  article  seven-
ty-three, less the amount of such funds necessary to enable the chancel-
lor  to carry out his or her responsibilities, on the basis of an objec-
tive formula established by the chancellor  and  approved  by  the  city
board  annually  BY  A  MAJORITY VOTE OF THE MEMBERS, after consultation
with the community district education  councils  and  the  mayor,  which
formula  shall  reflect  the relative educational needs of the community
districts to the maximum extent feasible.
  13. The city board, BY A MAJORITY VOTE OF  THE  MEMBERS,  through  the
chancellor  shall  perform  all functions in connection with the capital
budget as provided in chapter nine of the charter of  the  city  of  New
York, except as otherwise provided herein.
  S  15. Subdivisions a, h and n of section 2590-r of the education law,
as amended by chapter 345 of the laws of 2009, are amended  to  read  as
follows:
  a.  the allocation of projected revenues among community districts and
their schools on the basis of objective formulae developed by the  chan-
cellor, after consultation with the community councils, community super-
intendents  and the mayor, and approved by the city board, such formulae
shall reflect the relative educational needs of the community  districts
and  their  schools  to  the maximum extent feasible; PROVIDED THAT SUCH
REGULATIONS SHALL INCLUDE A PROCESS MANDATING THAT PRIOR TO APPROVAL  BY
THE  CITY  BOARD OF SUCH FORMULAE, OR AMENDMENTS THERETO, THE CHANCELLOR
SHALL CONDUCT PUBLIC HEARINGS PURSUANT TO  SECTION  TWENTY-FIVE  HUNDRED
NINETY-Y OF THIS ARTICLE;
  h.  a  comprehensive  system  of  public  reporting, INCLUDING BUT NOT
LIMITED  TO  PUBLICATION  ON  THE  SCHOOL  DISTRICT'S   WEBSITE   WITHIN
FORTY-EIGHT  HOURS  OF  ENACTMENT, on the final enacted budget including
the levels of appropriation provided by the  city,  the  state  and  the
federal  government  with  a  comparison  of  the  level of such funding
against previous years' totals, and an explanation of the final budget;
  n. a collaborative school-based planning  process  involving  parents,
teachers,  SCHOOL  LEADERSHIP  TEAMS  OR  OTHER  SCHOOL-BASED MANAGEMENT
TEAMS, other school personnel and, where appropriate, students to effec-
tuate the purposes of this  section.    THE  COLLABORATIVE  SCHOOL-BASED
PLANNING PROCESS SHALL INCLUDE AT LEAST ONE PUBLIC HEARING ON EACH ANNU-
AL SCHOOL-BASED BUDGET, PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-Y
OF THIS ARTICLE.
  S 16. The education law is amended by adding four new sections 2590-v,
2590-w, 2590-x and 2590-y to read as follows:

A. 4996                            13

  S  2590-V.  PROCUREMENT  POLICY  AND COMPTROLLER AUDITS. 1. ALL GOODS,
SERVICES OR CONSTRUCTION OF THE CITY SCHOOL DISTRICT OF THE CITY OF  NEW
YORK SHALL BE PROCURED AS PRESCRIBED IN CHAPTER THIRTEEN OF THE NEW YORK
CITY CHARTER. NO CONTRACT SHALL BE IMPLEMENTED UNTIL (A) A COPY HAS BEEN
FILED  WITH THE CITY COMPTROLLER AND (B) THE CITY COMPTROLLER HAS REGIS-
TERED IT IN ACCORDANCE WITH SECTION THREE HUNDRED  TWENTY-EIGHT  OF  THE
NEW YORK CITY CHARTER.
  2.  THE CITY COMPTROLLER SHALL HAVE THE POWER TO AUDIT THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK, INCLUDING BUT NOT LIMITED TO THE  CITY
DISTRICT'S  OPERATIONS  AND  PROGRAMS, AND SHALL EXERCISE THE POWERS AND
DUTIES  AS  SET  FORTH  IN  SUBDIVISIONS  B,  C,  D  AND  E  OF  SECTION
NINETY-THREE  OF  THE  NEW YORK CITY CHARTER IN CONDUCTING AUDITS OF THE
CITY DISTRICT.
  3. NOTHING IN THIS SECTION SHALL BE DEEMED TO DIMINISH OR  IMPAIR  THE
STATE  COMPTROLLER'S POWERS AND DUTIES TO AUDIT THE CITY SCHOOL DISTRICT
OF THE CITY OF NEW YORK.
  S 2590-W. POWERS AND DUTIES OF  THE  CITY  INDEPENDENT  BUDGET  OFFICE
APPLYING  TO  THE CITY SCHOOL DISTRICT. 1. THE INDEPENDENT BUDGET OFFICE
ESTABLISHED PURSUANT TO CHAPTER ELEVEN OF  THE  NEW  YORK  CITY  CHARTER
SHALL  BE  AUTHORIZED  TO  SECURE  SUCH INFORMATION, DATA, ESTIMATES AND
STATISTICS FROM THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK AS  THE
DIRECTOR OF THE OFFICE DETERMINES TO BE NECESSARY FOR THE PERFORMANCE OF
THE  FUNCTIONS  AND  DUTIES  OF  THE OFFICE, AND THE CITY DISTRICT SHALL
PROVIDE SUCH INFORMATION IN A TIMELY FASHION AND IN THE FORMAT REQUESTED
BY THE OFFICE, INCLUDING  GENERATING  INFORMATION  MAINTAINED  ELECTRON-
ICALLY.  THE  DIRECTOR SHALL NOT BE ENTITLED TO OBTAIN RECORDS WHICH ARE
PROTECTED BY THE PRIVILEGES FOR ATTORNEY-CLIENT COMMUNICATIONS, ATTORNEY
WORK PRODUCT, AND MATERIAL PREPARED FOR LITIGATION.
  2. THE INDEPENDENT BUDGET OFFICE SHALL PUBLISH ANNUALLY  REPORTS  THAT
PROVIDE INFORMATION DATA, AND ANALYSIS FOR THE CITY DISTRICT RELATING TO
THE  FOLLOWING  SUBJECTS:  (A)  CLASS  SIZES AND THEIR DISTRIBUTION; (B)
SCHOOL OVERCROWDING AND ITS DISTRIBUTION; (C) STATUS  OF  THE  FIVE-YEAR
EDUCATIONAL  FACILITIES CAPITAL PLAN; (D) OPERATIONAL AND CAPITAL BUDGET
FUNDS RECEIVED AND EXPENDED IN CONNECTION WITH THE  MAJOR  FUNCTIONS  OF
THE  CITY  DISTRICT; (E) HEADCOUNT OF THE CITY DISTRICT DISAGGREGATED BY
FUNCTION AND OFFICE; (F) GRADUATION  RATES  AND  TRENDS;  AND  (G)  TEST
RESULTS  AND  PROGRESS  ASSESSMENTS  AND TRENDS. IN ADDITION, THE OFFICE
SHALL FROM TIME TO TIME PUBLISH REPORTS RELATING TO THE CITY DISTRICT AS
MAY BE APPROPRIATE TO ENHANCE OFFICIAL AND PUBLIC UNDERSTANDING  OF  THE
BUDGETARY PROCESS AND MATTERS RELATING TO REVENUES, EXPENDITURES, FINAN-
CIAL MANAGEMENT PRACTICES AND RELATED MATTERS.
  3.  THE  APPROPRIATIONS AVAILABLE TO PAY FOR THE EXPENSES OF THE INDE-
PENDENT BUDGET OFFICE DURING EACH FISCAL YEAR AS  REQUIRED  PURSUANT  TO
SECTION TWO HUNDRED FIFTY-NINE OF THE NEW YORK CITY CHARTER SHALL NOT BE
LESS  THAN  FIFTEEN PERCENTUM OF THE APPROPRIATIONS AVAILABLE TO PAY FOR
THE EXPENSES OF THE OFFICE OF MANAGEMENT AND BUDGET DURING  SUCH  FISCAL
YEAR.
  S  2590-X.  POWERS  AND  DUTIES OF THE PUBLIC ADVOCATE APPLYING TO THE
CITY SCHOOL DISTRICT. 1. THE PUBLIC ADVOCATE OF THE CITY  OF  NEW  YORK,
ELECTED  PURSUANT  TO  SECTION TWENTY-FOUR OF THE NEW YORK CITY CHARTER,
SHALL BE AUTHORIZED TO (A) MONITOR THE OPERATION OF THE PUBLIC  INFORMA-
TION  AND  SERVICE COMPLAINT PROGRAMS OF THE CITY SCHOOL DISTRICT OF THE
CITY OF NEW YORK AND MAKE PROPOSALS TO IMPROVE SUCH PROGRAMS; (B) REVIEW
COMPLAINTS OF A RECURRING AND MULTI-BOROUGH OR CITY-WIDE NATURE RELATING
TO SERVICES AND PROGRAMS, AND MAKE PROPOSALS TO IMPROVE THE RESPONSE  OF
THE  CITY  SCHOOL  DISTRICT  TO  SUCH COMPLAINTS; (C) RECEIVE INDIVIDUAL

A. 4996                            14

COMPLAINTS CONCERNING SERVICES PROVIDED BY THE CITY SCHOOL DISTRICT  AND
OTHER ADMINISTRATIVE ACTIONS OF THE CITY SCHOOL DISTRICT; AND (D) INVES-
TIGATE  AND  OTHERWISE  ATTEMPT  TO  RESOLVE  SUCH INDIVIDUAL COMPLAINTS
EXCEPT  FOR  THOSE  WHICH  (I)  ANOTHER  CITY  AGENCY OR THE CITY SCHOOL
DISTRICT IS REQUIRED BY LAW TO ADJUDICATE, (II) MAY BE RESOLVED  THROUGH
A  GRIEVANCE MECHANISM ESTABLISHED BY COLLECTIVE BARGAINING AGREEMENT OR
CONTRACT, OR (III) INVOLVE ALLEGATIONS OF CONDUCT WHICH MAY CONSTITUTE A
VIOLATION OF CRIMINAL LAW OR A CONFLICT OF INTEREST. IF THE PUBLIC ADVO-
CATE RECEIVES A COMPLAINT WHICH IS SUBJECT TO A PROCEDURE  DESCRIBED  IN
SUBPARAGRAPHS  (I)  OR  (II)  OF  PARAGRAPH (D) OF THIS SUBDIVISION, THE
PUBLIC ADVOCATE SHALL ADVISE THE COMPLAINANT OF THE  APPROPRIATE  PROCE-
DURE  FOR  THE  RESOLUTION  OF  SUCH  COMPLAINT.  IF THE PUBLIC ADVOCATE
RECEIVES A COMPLAINT OF THE TYPE  DESCRIBED  IN  SUBPARAGRAPH  (III)  OF
PARAGRAPH  (D)  OF  THIS SUBDIVISION, THE PUBLIC ADVOCATE SHALL PROMPTLY
REFER THE MATTER IN ACCORDANCE WITH SUBDIVISION K OF SECTION TWENTY-FOUR
OF THE NEW YORK CITY CHARTER.
  2. UPON AN INITIAL DETERMINATION THAT A COMPLAINT MAY  BE  VALID,  THE
PUBLIC  ADVOCATE  SHALL  REFER  IT TO THE APPROPRIATE AGENCY OR THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK. IF  SUCH  AGENCY  OR  THE  CITY
SCHOOL DISTRICT DOES NOT RESOLVE THE COMPLAINT WITHIN A REASONABLE TIME,
THE  PUBLIC  ADVOCATE  MAY  CONDUCT  AN  INVESTIGATION AND MAKE SPECIFIC
RECOMMENDATIONS TO THE AGENCY OR THE CITY SCHOOL DISTRICT FOR RESOLUTION
OF THE COMPLAINT. IF, WITHIN A REASONABLE TIME AFTER THE PUBLIC ADVOCATE
HAS COMPLETED AN INVESTIGATION AND SUBMITTED RECOMMENDATIONS TO AN AGEN-
CY OR THE CITY SCHOOL DISTRICT, SUCH AGENCY OR THE CITY SCHOOL  DISTRICT
HAS  FAILED  TO RESPOND IN A SATISFACTORY MANNER TO THE RECOMMENDATIONS,
THE PUBLIC ADVOCATE MAY ISSUE A REPORT TO THE  COUNCIL  AND  THE  MAYOR.
SUCH REPORT SHALL DESCRIBE THE CONCLUSIONS OF THE INVESTIGATION AND MAKE
SUCH  RECOMMENDATIONS  FOR  ADMINISTRATIVE,  LEGISLATIVE,  OR  BUDGETARY
ACTION, TOGETHER WITH THEIR FISCAL IMPLICATIONS, AS THE PUBLIC  ADVOCATE
DEEMS  NECESSARY TO RESOLVE THE INDIVIDUAL COMPLAINT OR COMPLAINTS OR TO
ADDRESS THE UNDERLYING PROBLEMS DISCOVERED IN THE  INVESTIGATION.
  3. IN ADDITION TO OTHER DUTIES AND RESPONSIBILITIES, THE PUBLIC  ADVO-
CATE  SHALL  BE  AUTHORIZED  TO  REVIEW  THE PROGRAMS OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK. SUCH REVIEWS SHALL INCLUDE, BUT NOT BE
LIMITED TO,  ANNUAL  EVALUATIONS  OF:  (A)  THE  IMPLEMENTATION  OF  THE
REQUIREMENTS FOR COTERMINALITY OF LOCAL SERVICES CONTAINED IN ALL SUBDI-
VISIONS  OF SECTION TWENTY-SEVEN HUNDRED FOUR OF THE NEW YORK CITY CHAR-
TER; (B)  THE  EFFECTIVENESS  OF  THE  PUBLIC  INFORMATION  AND  SERVICE
COMPLAINT  PROGRAMS OF THE CITY SCHOOL DISTRICT; AND (C) THE RESPONSIVE-
NESS OF THE CITY SCHOOL DISTRICT TO INDIVIDUAL AND  GROUP  REQUESTS  FOR
DATA  OR  INFORMATION  REGARDING  THE  CITY SCHOOL DISTRICT'S STRUCTURE,
ACTIVITIES AND OPERATIONS. THE PUBLIC ADVOCATE SHALL SUBMIT ANY  REPORTS
DOCUMENTING OR SUMMARIZING SUCH REVIEWS TO THE COUNCIL, MAYOR AND APPRO-
PRIATE  AGENCY  OR  THE  CITY  SCHOOL DISTRICT AND SHALL INCLUDE IN SUCH
REPORTS HIS OR HER RECOMMENDATIONS FOR ADDRESSING THE  PROBLEMS  IDENTI-
FIED AND THE FISCAL IMPLICATIONS OF SUCH RECOMMENDATIONS.
  4. EXCEPT FOR THOSE MATTERS WHICH INVOLVE CONDUCT WHICH MAY CONSTITUTE
A  VIOLATION OF CRIMINAL LAW OR A CONFLICT OF INTEREST, THE PUBLIC ADVO-
CATE SHALL BE AUTHORIZED, AT THE REQUEST OF A RESIDENT, TAXPAYER, COMMU-
NITY BOARD, COUNCIL MEMBER OR BOROUGH PRESIDENT, OR ON HIS  OR  HER  OWN
MOTION,  TO  INQUIRE  INTO  ANY ALLEGED FAILURE OF A CITY OFFICER OR THE
CITY SCHOOL DISTRICT OF  THE  CITY  OF  NEW  YORK  TO  COMPLY  WITH  ANY
PROVISION  OF  THE  CHARTER.  IF AS A RESULT OF SUCH INQUIRY, THE PUBLIC
ADVOCATE CONCLUDES THAT THERE IS ANY SUBSTANTIAL FAILURE TO COMPLY  WITH
ANY  PROVISION  OF  THE  CHARTER,  HE  OR SHE SHALL SUBMIT A PRELIMINARY

A. 4996                            15

REPORT DOCUMENTING THE CONCLUSIONS OF THE  INQUIRY  TO  THE  OFFICER  OR
OFFICERS  AND  THE  HEAD  OF  THE CITY SCHOOL DISTRICT INVOLVED WITHIN A
REASONABLE TIME AFTER SUBMITTING SUCH  PRELIMINARY  REPORT.  THE  PUBLIC
ADVOCATE  SHALL ISSUE A FINAL REPORT TO THE COUNCIL, MAYOR, AND THE CITY
SCHOOL DISTRICT DOCUMENTING THE CONCLUSIONS OF THE INQUIRY.
  5. THE PUBLIC ADVOCATE SHALL HAVE TIMELY ACCESS TO THOSE  RECORDS  AND
DOCUMENTS  OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK WHICH THE
PUBLIC  ADVOCATE  DEEMS  NECESSARY  TO  COMPLETE   THE   INVESTIGATIONS,
INQUIRIES  AND  REVIEWS  REQUIRED  BY  THIS  SECTION. IF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK DOES NOT COMPLY WITH THE  PUBLIC  ADVO-
CATE'S  REQUEST  FOR SUCH RECORDS AND DOCUMENTS, THE PUBLIC ADVOCATE MAY
REQUEST AN  APPROPRIATE  COMMITTEE    OF  THE  COUNCIL  TO  REQUIRE  THE
PRODUCTION OF SUCH RECORDS AND DOCUMENTS PURSUANT TO SECTION TWENTY-NINE
OF  THE  NEW YORK CITY CHARTER. THE PROVISIONS OF THIS SUBDIVISION SHALL
NOT APPLY TO THOSE RECORDS AND DOCUMENTS OF THE CITY SCHOOL DISTRICT FOR
WHICH A CLAIM OF PRIVILEGE MAY PROPERLY BE RAISED OR WHICH ARE  PREPARED
OR MAINTAINED BY THE DEPARTMENT OF INVESTIGATION FOR USE IN ANY INVESTI-
GATION AUTHORIZED BY CHAPTER THIRTY-FOUR OF THE NEW YORK CITY CHARTER.
  6. BEFORE MAKING PUBLIC ANY PORTION OF ANY DRAFT, PRELIMINARY OR FINAL
REPORT  RELATING  TO  THE  OPERATIONS  OR  ACTIVITIES OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK OR A CITY OFFICER OF  THE  CITY  SCHOOL
DISTRICT,  THE  PUBLIC ADVOCATE SHALL SEND A COPY OF THE DRAFT REPORT TO
THE HEAD OF THE CITY SCHOOL DISTRICT AND ANY SUCH OFFICER  DISCUSSED  IN
SUCH  REPORT  AND  PROVIDE  THE OFFICER AND THE CITY SCHOOL DISTRICT, IN
WRITING, WITH A REASONABLE DEADLINE FOR THEIR REVIEW AND  RESPONSE.  THE
PUBLIC  ADVOCATE  SHALL INCLUDE IN ANY REPORT, OR PORTION THEREOF, WHICH
IS MADE PUBLIC A COPY OF ALL  SUCH  OFFICER  AND  CITY  SCHOOL  DISTRICT
RESPONSES.
  7.  THE ANNUAL REPORT ON THE ACTIVITIES OF HIS OR HER OFFICE PRESENTED
BY THE PUBLIC ADVOCATE TO THE CITY COUNCIL PURSUANT TO SUBDIVISION N  OF
SECTION TWENTY-FOUR OF THE NEW YORK CITY CHARTER SHALL INCLUDE ANY RELE-
VANT  DATA,  ANALYSIS,  FINDINGS, RECOMMENDATIONS AND CHARTER COMPLIANCE
INFORMATION RELATING TO THE CITY SCHOOL DISTRICT AND ANY OTHER  INFORMA-
TION  RELATING  TO  THE  CITY  SCHOOL DISTRICT DEEMED APPROPRIATE BY THE
PUBLIC ADVOCATE.
  S 2590-Y. PUBLIC NOTICE.  NOTWITHSTANDING ANY OTHER PROVISION OF  THIS
ARTICLE,  PROPOSALS  SUBJECT TO THIS SECTION SHALL NOT BE ADOPTED BY THE
CHANCELLOR, CITY BOARD, OR THE COMMUNITY DISTRICT EDUCATION COUNCILS, AS
DESCRIBED IN THIS ARTICLE, UNLESS THE PUBLIC PROCESS SET FORTH  IN  THIS
SECTION  IS  FOLLOWED.  ALL PUBLIC HEARINGS PROVIDED FOR IN THIS SECTION
SHALL BE SUBJECT TO ARTICLE SEVEN OF  THE  PUBLIC  OFFICERS  LAW  UNLESS
OTHERWISE  PROVIDED  FOR IN THIS SECTION. ALL DECISIONS MADE PURSUANT TO
THIS SECTION SHALL BE DEVELOPED THROUGH A PUBLIC PROCESS IN CONSULTATION
WITH PARENTS OF STUDENTS OR PERSONS IN PARENTAL  RELATION  TO  STUDENTS,
TEACHERS,  ADMINISTRATORS, MEMBERS OF COMMUNITY DISTRICT EDUCATION COUN-
CILS AND MEMBERS OF SCHOOL LEADERSHIP TEAMS AND HELD AT A TIME AND PLACE
DESIGNATED TO MAXIMIZE THEIR PARTICIPATION, WHICH SHALL INCLUDE AT LEAST
ONE PUBLIC HEARING. FOR ALL HEARINGS WHICH SUBJECT  MATTER  AFFECTS  THE
CITY  SCHOOL DISTRICT OF THE CITY OF NEW YORK, AT LEAST ONE PUBLIC HEAR-
ING SHALL BE HELD WITHIN EACH COUNTY OF THE CITY.
  1. THE CHANCELLOR, CITY BOARD OR COMMUNITY DISTRICT EDUCATION  COUNCIL
SHALL  EACH DESIGNATE A HEARING OFFICER WHO SHALL BE RESPONSIBLE FOR THE
IMPLEMENTATION OF THIS SECTION.
  2. UNLESS CIRCUMSTANCES  REQUIRING  EMERGENCY  PROCEDURES  SUBJECT  TO
SUBDIVISION FOURTEEN OF THIS SECTION EXIST, ALL PUBLIC HEARINGS SHALL BE
SCHEDULED AT LEAST SEVEN DAYS PRIOR TO THE HEARING.

A. 4996                            16

  3.  (A)  ALL  NOTICES OF PUBLIC HEARINGS SCHEDULED AT LEAST SEVEN DAYS
PRIOR THERETO SHALL BE GIVEN TO THE NEWS MEDIA  AND  LOCAL  PUBLICATIONS
AND  SHALL  BE  CONSPICUOUSLY  POSTED  IN  ONE OR MORE DESIGNATED PUBLIC
LOCATIONS, INCLUDING IN AFFECTED SCHOOLS AND SCHOOL DISTRICT OFFICES, AT
LEAST  SEVENTY-TWO  HOURS BEFORE SUCH HEARINGS; HOWEVER ALL SUCH NOTICES
SHALL BE PLACED IN THE CITY RECORD OF THE CITY OF NEW YORK  AND  ON  THE
CITY  SCHOOL  DISTRICT'S WEBSITE AT LEAST SEVEN DAYS PRIOR TO ANY PUBLIC
HEARING.
  (B) PUBLIC NOTICE OF THE TIME AND PLACE OF PUBLIC HEARINGS HELD PURSU-
ANT TO SUBDIVISION FOURTEEN OF THIS  SECTION  SHALL  BE  GIVEN,  TO  THE
EXTENT  PRACTICABLE,  TO THE NEWS MEDIA AND LOCAL PUBLICATIONS AND SHALL
BE CONSPICUOUSLY POSTED IN ONE  OR  MORE  DESIGNATED  PUBLIC  LOCATIONS,
INCLUDING  IN  AFFECTED SCHOOLS AND SCHOOL DISTRICT OFFICES AT A REASON-
ABLE TIME PRIOR THERETO.
  (C) NOTICES MAY ALSO BE  INCLUDED  IN  SCHOOL  DISTRICT  MAILINGS  AND
DISTRIBUTIONS, OR IN ANY OTHER MANNER UPON INPUT TO THE CHANCELLOR, CITY
BOARD  OR  COMMUNITY  DISTRICT  EDUCATION COUNCILS FOR PARENTS, STAFF OR
SCHOOL LEADERSHIP TEAMS TO MAXIMIZE DISTRIBUTION OF SUCH NOTICES.
  (D) NOTICES SHALL BE PROVIDED TO: (I) ANY AFFECTED COMMUNITY  DISTRICT
EDUCATION  COUNCIL OR COUNCILS, SPECIAL EDUCATION COUNCIL OR COUNCILS OR
SCHOOL LEADERSHIP TEAM OR TEAMS; AND (II) THE OFFICES OF THE MEMBERS  OF
THE  CITY COUNCIL, AND NEW YORK STATE ASSEMBLY AND SENATE WHOSE DISTRICT
CONTAINS A SCHOOL AFFECTED BY ANY PROPOSAL WHICH IS THE  SUBJECT  MATTER
OF A HEARING, AND TO THE PUBLIC ADVOCATE OF THE CITY OF NEW YORK.
  4.  FOR ALL PUBLIC HEARINGS WHICH SUBJECT MATTER IMPACTS MORE THAN ONE
COMMUNITY DISTRICT  OR  SCHOOL,  NOTICE  SHALL  BE  PLACED  IN  RELEVANT
WEBSITES  AND SCHOOL OFFICES OF ALL SUCH COMMUNITY DISTRICTS OR SCHOOLS,
AND MEDIA COVERING EACH COMMUNITY DISTRICT OR SCHOOLS.
  5. ALL NOTICES SHALL BE  TRANSLATED  INTO  THE  LANGUAGES  OTHER  THAN
ENGLISH  THAT  ARE  MOST  COMMONLY  SPOKEN  IN THE COMMUNITY DISTRICT OR
COMMUNITY DISTRICTS AFFECTED BY THE SUBJECT MATTER OF A HEARING.
  6. FOR ANY MATTERS RELATED TO ARTICLE EIGHTY-NINE OF THIS  CHAPTER  OR
THAT  AFFECT  SPECIAL  EDUCATION SERVICES OR STUDENTS WITH DISABILITIES,
NOTICE SHALL BE PROVIDED TO EACH MEMBER  OF  THE  CITY-WIDE  COUNCIL  ON
SPECIAL EDUCATION.
  7.  (A)  THE  HEARING  OFFICER  SHALL PROVIDE REASONABLE NOTICE TO THE
PUBLIC OF EACH PUBLIC HEARING, AND PUBLIC COMMENT PERIOD,  PROVIDED  FOR
IN  SUBDIVISION  THREE  OF  THIS  SECTION.  PUBLIC  HEARINGS NOTICES MAY
INCLUDE NOTICE OF PUBLIC COMMENT PERIODS  OR  THE  HEARING  OFFICER  MAY
ELECT  TO PROVIDE FOR SEPARATE NOTICE IF THE COMMENT PERIOD BEGINS PRIOR
TO OR AFTER THE PUBLIC HEARING DATE. UPON SUCH ELECTION, PUBLIC  COMMENT
NOTICES  SHALL BE SENT PURSUANT TO THE SAME REQUIREMENTS AS PROVIDED FOR
PUBLIC HEARING NOTICES.
  (B) PUBLIC HEARING AND PUBLIC COMMENT  NOTICES  SHALL  INCLUDE,  AT  A
MINIMUM:
  (I) THE DATE, TIME AND LOCATION OF THE PUBLIC HEARING OR DATE;
  (II)  A  DESCRIPTION  OF  THE PROCESS FOR SUBMITTING WRITTEN COMMENTS,
INCLUDING, BUT NOT LIMITED TO, THE HEARING OFFICER'S  ADDRESS  TO  WHICH
COMMENTS  MAY BE SENT AND THE DATE BY WHICH COMMENTS MUST BE RECEIVED BY
THE HEARING OFFICER;
  (III) A GENERAL DESCRIPTION OF THE SUBJECT MATTER OF THE HEARING;
  (IV) A DETAILED DESCRIPTION OF ANY PROPOSED MODIFICATIONS, IF APPLICA-
BLE, INCLUDING SUCH IMPACT:
  (A) ON A SCHOOL LEVEL;
  (B) BY PROGRAM AREA, INCLUDING  DETAILS  CONCERNING  PROPOSED  PROGRAM
MODIFICATIONS;

A. 4996                            17

  (C) BY STUDENT ACHIEVEMENT PERFORMANCE TARGETS; AND
  (D)  BY  AFFECTED  STUDENT  POPULATION  GROUPINGS,  INCLUDING, BUT NOT
LIMITED TO:
  (1) STUDENTS WITH LIMITED ENGLISH PROFICIENCY  AND  STUDENTS  WHO  ARE
ENGLISH LANGUAGE LEARNERS;
  (2) STUDENTS IN POVERTY;
  (3) STUDENTS WITH DISABILITIES; AND
  (4) STUDENTS WITH LOW ACADEMIC ACHIEVEMENT;
  (V)  INFORMATION  ON  WHERE  TO  OBTAIN A COPY OF THE FULL TEXT OF THE
PROPOSAL OR SUBJECT MATTER OF THE HEARING; AND
  (VI) A DESCRIPTION OF THE PUBLIC HEARING PROCESS, INCLUDING THE PROCE-
DURES FOR PARTICIPATION AND SUBMISSION OF COMMENTS.
  8. PUBLIC HEARINGS SHALL PROVIDE AN OPPORTUNITY FOR ORAL  AND  WRITTEN
COMMENTS  TO  BE  SUBMITTED  BY  ANY INTERESTED PARTY INCLUDING, BUT NOT
LIMITED TO, PARENTS OF STUDENTS  OR  PERSONS  IN  PARENTAL  RELATION  TO
STUDENTS,  TEACHERS,  ADMINISTRATORS,  MEMBERS OF THE COMMUNITY DISTRICT
EDUCATION COUNCILS OR SCHOOL LEADERSHIP  TEAMS,  AND  ANY  DISTINGUISHED
EDUCATOR  APPOINTED  PURSUANT  TO  SECTION  TWO HUNDRED ELEVEN-C OF THIS
CHAPTER.
  9. (A) EXCEPT AS OTHERWISE PROVIDED FOR BY LAW, THERE SHALL BE A THIR-
TY DAY PERIOD FOR RECEIPT  OF  WRITTEN  PUBLIC  COMMENT  ON  EACH  ISSUE
PROPOSED FOR ADOPTION AND THE SUBJECT MATTER OF A HEARING.
  (B)  AN  EXPEDITED  COMMENT  AND  ASSESSMENT PERIOD, SHALL BE REQUIRED
PURSUANT TO PARAGRAPH (B) OF SUBDIVISION TEN OF THIS SECTION  AND  SHALL
BE  DEFINED  AS  A TEN DAY PERIOD FOR RECEIPT OF WRITTEN PUBLIC COMMENT,
AND A SEVEN DAY PERIOD BY THE HEARING OFFICER'S ASSESSMENT  AS  PROVIDED
FOR IN SUBDIVISION TEN OF THIS SECTION.
  10.  (A)  EACH  HEARING OFFICER SHALL PREPARE, AND MAKE AVAILABLE UPON
REQUEST, A RECORD OF PUBLIC COMMENT  RECEIVED,  INCLUDING  EACH  WRITTEN
COMMENT  RECEIVED  AND  THE TRANSCRIPT OF ORAL COMMENTS PRESENTED AT ANY
PUBLIC HEARING HELD PURSUANT TO THIS SUBDIVISION.
  (B) ANY TRANSCRIPT OF THE TESTIMONY PRESENTED AT ALL  PUBLIC  HEARINGS
PROVIDED  BY THE HEARING OFFICER SHALL BE MADE AVAILABLE UPON REQUEST AT
LEAST SEVEN DAYS PRIOR TO THE ACTUAL VOTE OF THE CITY BOARD OR COMMUNITY
DISTRICT EDUCATION COUNCIL FOR SUCH PROPOSAL.
  (C) NOT LATER THAN TWELVE DAYS, OR SEVEN DAYS FOR AN EXPEDITED COMMENT
AND ASSESSMENT PERIOD, AFTER EXPIRATION OF THE PUBLIC COMMENT PERIOD  OR
CONCLUSION OF PUBLIC HEARINGS, WHICHEVER OCCURS LATER, THE HEARING OFFI-
CER  SHALL  PREPARE  A PUBLIC COMMENT ASSESSMENT, BASED UPON ANY WRITTEN
COMMENTS  SUBMITTED  TO  THE  HEARING  OFFICER  AND  ANY  ORAL  COMMENTS
PRESENTED  AT  ANY PUBLIC HEARING HELD PURSUANT TO THIS SUBDIVISION. (I)
THE PUBLIC COMMENT ASSESSMENT SHALL CONTAIN:
  (A) A SUMMARY OF THE SUBSTANCE OF THE COMMENTS  RECEIVED,  GROUPED  BY
SUBJECT MATTER; AND
  (B) THE RESPONSE TO EACH SUBSTANTIVE COMMENT, INCLUDING A STATEMENT OF
ANY  CHANGES  MADE  TO  THE  PROPOSAL AS A RESULT OF SUCH COMMENT, OR AN
EXPLANATION OF WHY THE COMMENT'S SUGGESTIONS WERE NOT INCORPORATED  INTO
THE PROPOSAL.
  (II)  THE  PUBLIC  COMMENT  ASSESSMENT  SHALL  BE  POSTED  ON A SCHOOL
DISTRICT WEBSITE AND OTHERWISE MADE AVAILABLE UPON REQUEST.
  11. (A) THE SCHOOL DISTRICT OR COMMUNITY  DISTRICT  EDUCATION  COUNCIL
SHALL NOT ADOPT ANY PROPOSAL FOR APPROVAL PURSUANT TO THIS SECTION UNTIL
AFTER:  (I)  THE  THIRTY  DAY  PUBLIC COMMENT PERIOD HAS ENDED; (II) ALL
PUBLIC HEARINGS HAVE BEEN CONDUCTED; (III) THE PUBLIC COMMENT RECORD HAS
BEEN PREPARED; AND (IV) THE PUBLIC COMMENT ASSESSMENT HAS BEEN  PREPARED
AND POSTED ON A SCHOOL DISTRICT WEBSITE.

A. 4996                            18

  (B)  THE SCHOOL DISTRICT OR COMMUNITY DISTRICT EDUCATION COUNCIL SHALL
POST WITHIN FORTY-EIGHT HOURS OF ANY FINALIZED VOTE, ON ITS WEBSITE, THE
FULL TEXT OF ALL ADOPTED PROPOSALS SUBJECT TO THIS SECTION.
  12.  THE  CHANCELLOR  SHALL  PROMULGATE  REGULATIONS  THAT ASSURE THAT
PROCEDURES ARE IN PLACE BY WHICH  PARENTS  OF  STUDENTS  OR  PERSONS  IN
PARENTAL  RELATION  TO  STUDENTS, THE COMMUNITY DISTRICT EDUCATION COUN-
CILS, SCHOOL LEADERSHIP TEAMS, OR ANY OTHER MEMBER  OF  THE  PUBLIC  MAY
BRING COMPLAINTS CONCERNING IMPLEMENTATION OF THIS SECTION.
  (A)  SUCH  PROCEDURES  SHALL  PROVIDE THAT COMPLAINTS RELATED TO OPER-
ATIONS OF THE COMMUNITY DISTRICT EDUCATION COUNCILS MAY  BE  FILED  WITH
THE  COMMUNITY SUPERINTENDENT, AND THAT APPEAL OF THE DETERMINATION OF A
COMMUNITY SUPERINTENDENT SHALL BE MADE TO THE CHANCELLOR.
  (B) THE DETERMINATION OF THE CHANCELLOR MAY BE APPEALED TO THE COMMIS-
SIONER.
  (C) SUCH PROCEDURES SHALL PROVIDE THAT  COMPLAINTS  RELATED  TO  OPER-
ATIONS OF THE CHANCELLOR MAY BE FILED WITH THE CITY BOARD.
  (D)  SUCH  PROCEDURES  SHALL  PROVIDE THAT COMPLAINTS RELATED TO OPER-
ATIONS OF THE CITY BOARD MAY BE FILED WITH THE STATE COMMISSIONER.
  13. IN ADDITION TO THE COMPLAINT PROCEDURES ESTABLISHED  BY  THE  CITY
SCHOOL DISTRICT PURSUANT TO SUBDIVISION TWELVE OF THIS SECTION, THE CITY
SCHOOL DISTRICT SHALL ALSO COMPLY WITH THE FOLLOWING:
  (A)  THE  SCHOOL  DISTRICT SHALL DEVELOP A COMPLAINT FORM, WHICH SHALL
ALSO INCLUDE INSTRUCTIONS FOR ITS USE, WHICH SHALL  BE  WRITTEN  TO  THE
EXTENT  PRACTICABLE  IN  PLAIN  LANGUAGE AND ORGANIZED IN A MANNER WHICH
BEST PROMOTES PUBLIC COMPREHENSION OF THE CONTENTS. THE  COMPLAINT  FORM
SHALL  SPECIFY  THE LOCATION OR LOCATIONS WHERE A COMPLAINT MAY BE FILED
AND THE DEADLINE FOR FILING A COMPLAINT. A SCHOOL  DISTRICT  SHALL  ALSO
PROVIDE TRANSLATIONS OF THE COMPLAINT FORM INTO THE LANGUAGES OTHER THAN
ENGLISH THAT ARE MOST COMMONLY SPOKEN IN THE SCHOOL DISTRICT.
  (B)  USE OF THE COMPLAINT FORM IS RECOMMENDED, BUT SHALL NOT BE DEEMED
MANDATORY, FOR PURPOSES OF BRINGING A COMPLAINT PURSUANT TO THIS  SUBDI-
VISION.  A  SCHOOL DISTRICT OR THE COMMISSIONER SHALL ACCEPT A COMPLAINT
THAT SUBSTANTIALLY COMPLIES WITH THE SCHOOL DISTRICT'S COMPLAINT  PROCE-
DURES AND THE PROVISIONS OF THIS SUBDIVISION.
  (C)  THE  CITY  SCHOOL DISTRICT SHALL PROVIDE REASONABLE NOTICE OF THE
FOLLOWING:
  (I) THE PROCEDURES FOR BRINGING A COMPLAINT CONCERNING  IMPLEMENTATION
OF THE PROPOSAL;
  (II) THE LOCATION OR LOCATIONS WHERE A COMPLAINT FORM MAY BE OBTAINED;
  (III) THE LOCATION OR LOCATIONS WHERE A COMPLAINT MAY BE FILED; AND
  (IV) THE DEADLINE FOR FILING A COMPLAINT.
  (D)  THE CITY SCHOOL DISTRICT SHALL PROVIDE TRANSLATIONS OF THE NOTICE
OF COMPLAINT PROCEDURES INTO THE LANGUAGES OTHER THAN ENGLISH  THAT  ARE
MOST COMMONLY SPOKEN IN THE SCHOOL DISTRICT.
  (E)  THE CITY SCHOOL DISTRICT SHALL POST, AND MAKE AVAILABLE FOR DOWN-
LOADING, ITS NOTICE OF COMPLAINT PROCEDURES AND COMPLAINT FORM ON A CITY
SCHOOL DISTRICT WEBSITE AND SHALL MAKE COPIES OF  THE  COMPLAINT  NOTICE
AND  COMPLAINT  FORM AVAILABLE IN SCHOOLS AND SCHOOL DISTRICT OFFICES. A
SCHOOL DISTRICT MAY ALSO  USE  ADDITIONAL  METHODS  TO  PROVIDE  NOTICE,
INCLUDING,  BUT  NOT  LIMITED  TO,  COPIES  OF  THE COMPLAINT NOTICE AND
COMPLAINT FORM IN SCHOOL DISTRICT MAILINGS AND DISTRIBUTIONS.
  (F) (I) A COMPLAINT SHALL BE COMMENCED WITHIN THE TIME  PERIOD  ESTAB-
LISHED  BY  THE  SCHOOL DISTRICT OR STATE COMMISSIONER. SUCH TIME PERIOD
SHALL PROVIDE FOR THE COMMENCEMENT OF A COMPLAINT WITHIN  A  REASONABLE,
SPECIFIED  NUMBER  OF  DAYS, AS DETERMINED BY THE SCHOOL DISTRICT OR THE
COMMISSIONER, FROM THE MAKING OF THE DECISION OR THE PERFORMANCE OF  THE

A. 4996                            19

ACT  COMPLAINED OF, AND SHALL INCLUDE A PROVISION AUTHORIZING THE SCHOOL
DISTRICT TO EXCUSE A FAILURE TO COMMENCE AN APPEAL WITHIN THE TIME SPEC-
IFIED FOR GOOD CAUSE SHOWN.
  (II)  THE COMMUNITY SUPERINTENDENT OR SUPERINTENDENT, CHANCELLOR, CITY
BOARD OR  STATE  COMMISSIONER,  AS  APPLICABLE,  SHALL  MAKE  REASONABLE
EFFORTS  TO INVESTIGATE A COMPLAINT, AND SHALL NOTIFY THE COMPLAINANT IN
WRITING OF HIS OR HER COMPLAINT DETERMINATION AND  THE  BASIS  FOR  SUCH
DETERMINATION  WITHIN  THIRTY  DAYS  FROM  THE  DATE  OF  RECEIPT OF THE
COMPLAINT. THE WRITTEN NOTIFICATION SHALL ALSO PROVIDE AN EXPLANATION OF
THE PROCEDURES FOR APPEALING THE COMPLAINT DETERMINATION.
  (III) IF THE COMPLAINANT APPEALS  THE  COMPLAINT  DETERMINATION  OF  A
SUPERINTENDENT  OR  COMMUNITY SUPERINTENDENT, THE CHANCELLOR, CITY BOARD
OR STATE COMMISSIONER, SHALL NOTIFY THE COMPLAINANT IN WRITING OF HIS OR
HER APPEAL DETERMINATION AND THE BASIS  FOR  SUCH  DETERMINATION  WITHIN
THIRTY DAYS FROM THE DATE OF RECEIPT OF THE APPEAL.
  (IV)  APPEALS  OF  DETERMINATIONS  PURSUANT  TO SUBPARAGRAPHS (II) AND
(III) OF THIS PARAGRAPH SHALL BE COMMENCED WITHIN THE TIME  PERIODS  FOR
SUCH  APPEALS  AS  ESTABLISHED BY THE CITY SCHOOL DISTRICT. IN THE EVENT
THE COMPLAINANT DOES NOT RECEIVE THE WRITTEN  NOTIFICATION  OF  DETERMI-
NATION SPECIFIED IN SUBPARAGRAPHS (II) AND (III) OF THIS PARAGRAPH WITH-
IN  THIRTY-FIVE  DAYS  FROM  THE  DATE  THE SCHOOL DISTRICT RECEIVED THE
COMPLAINT, THE COMPLAINANT MAY DEEM THE FAILURE TO PROVIDE SUCH  NOTIFI-
CATION  AS AN UNSATISFACTORY DETERMINATION AND MAY COMMENCE AN APPEAL TO
THE SUPERINTENDENT OR COMMUNITY SUPERINTENDENT, OR TO THE CHANCELLOR  OR
CITY  BOARD  OR STATE COMMISSIONER AS APPLICABLE, WITHIN THE TIME PERIOD
FOR SUCH APPEALS AS ESTABLISHED BY THE CITY SCHOOL DISTRICT.
  14. (A) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE  CITY
SCHOOL  DISTRICT  OR  COMMUNITY  DISTRICT  EDUCATION  COUNCILS MAY ADOPT
PROPOSALS SUBJECT TO THIS SECTION PRIOR TO THE NOTICE AND COMMENT OTHER-
WISE REQUIRED BY THIS SECTION IF THE  IMMEDIATE  EFFECTIVENESS  OF  SUCH
PROPOSAL  IS  NECESSARY TO ADDRESS AN IMMINENT THREAT TO HEALTH, SAFETY,
PROPERTY OR A NECESSARY SERVICE. A FINDING OF SUCH IMMINENT  THREAT  AND
THE SPECIFIC REASONS FOR THE FINDING MUST BE MADE IN WRITING BY THE CITY
SCHOOL  DISTRICT  OR  COMMUNITY DISTRICT EDUCATION COUNCIL ADOPTING SUCH
PROPOSAL AND SHALL BE APPROVED BY THE CITY BOARD  BEFORE  SUCH  PROPOSAL
MAY  BE  MADE  EFFECTIVE.  THE ADOPTED PROPOSAL AND ACCOMPANYING FINDING
SHALL BE MADE PUBLIC FORTHWITH AND SHALL BE PUBLISHED IN THE CITY RECORD
AS SOON AS PRACTICABLE, AND POSTED  ON  THE  SCHOOL  DISTRICT'S  WEBSITE
WITHIN FORTY-EIGHT HOURS OF ADOPTION.
  (B)  A  PROPOSAL  ADOPTED  ON  AN  EMERGENCY BASIS SHALL NOT REMAIN IN
EFFECT FOR LONGER THAN SIXTY DAYS UNLESS THE SCHOOL DISTRICT HAS  INITI-
ATED  NOTICE  AND COMMENT OTHERWISE REQUIRED BY THIS SECTION WITHIN SUCH
SIXTY DAY PERIOD AND PUBLISHES WITH SUCH  NOTICE  A  STATEMENT  THAT  AN
EXTENSION  OF  SUCH RULE ON AN EMERGENCY BASIS IS NECESSARY FOR AN ADDI-
TIONAL SIXTY DAYS TO AFFORD AN OPPORTUNITY FOR NOTICE AND COMMENT AND TO
ADOPT A FINAL PROPOSAL AS REQUIRED BY THIS  SECTION;  PROVIDED  THAT  NO
FURTHER  SUCH  FINDING  OF  AN EMERGENCY MAY BE MADE WITH RESPECT TO THE
SAME OR A SUBSTANTIALLY SIMILAR PROPOSAL.
  S 17.  Subdivisions b and c of section 259 of the New York city  char-
ter,  as  added  by  a vote of the people of the city of New York at the
general election held in November  of  1989,  are  amended  to  read  as
follows:
  b.  The  appropriations available to pay for the expenses of the inde-
pendent budget office during each fiscal year shall  not  be  less  than
[ten  percentum]  FIFTEEN PER CENTUM of the  appropriations available to
pay for the expenses of the office of management and budget during  such

A. 4996                            20

fiscal  year.  The director shall appoint such personnel and procure the
services of such experts  and  consultants,  within  the  appropriations
available  therefor,  as  may be necessary for the director to carry out
the  duties  and  functions assigned herein.  Such personnel and experts
shall perform such duties as may be assigned to them by the director.
  c. The director shall be authorized to secure such information,  data,
estimates  and  statistics  from  the  agencies of the city AND THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK as the director determines to be
necessary for the performance of the functions and duties of the office,
and such agencies AND THE CITY SCHOOL DISTRICT shall provide such infor-
mation[, to the extent that it is available,] in a timely fashion AND IN
THE FORMAT REQUESTED BY THE DIRECTOR, INCLUDING  GENERATING  INFORMATION
MAINTAINED ELECTRONICALLY.  The director shall not be entitled to obtain
records which are protected by the privileges for attorney-client commu-
nications, attorney work product, and material prepared for litigation.
  S  18.  Subdivision  e  of section 260 of the New York city charter is
relettered subdivision f and a new subdivision e is  added  to  read  as
follows:
  E.  THE  DIRECTOR SHALL PUBLISH ANNUALLY REPORTS THAT PROVIDE INFORMA-
TION, DATA AND ANALYSIS FOR THE CITY DISTRICT RELATING TO THE  FOLLOWING
SUBJECTS:  (1) CLASS SIZES AND THEIR DISTRIBUTION; (2) SCHOOL OVERCROWD-
ING AND ITS DISTRIBUTION; (3) STATUS OF THE FIVE-YEAR EDUCATIONAL FACIL-
ITIES CAPITAL PLAN; (4) OPERATIONAL AND CAPITAL  BUDGET  FUNDS  RECEIVED
AND  EXPENDED  IN  CONNECTION  WITH  THE  MAJOR  FUNCTIONS  OF  THE CITY
DISTRICT; (5) HEADCOUNT OF THE CITY DISTRICT DISAGGREGATED  BY  FUNCTION
AND  OFFICE;  (6)  GRADUATION RATES AND TRENDS; AND (7) TEST RESULTS AND
PROGRESS ASSESSMENTS AND TRENDS. IN ADDITION, THE OFFICE SHALL FROM TIME
TO TIME PUBLISH REPORTS RELATING TO THE CITY DISTRICT AS MAY  BE  APPRO-
PRIATE  TO  ENHANCE  OFFICIAL  AND PUBLIC UNDERSTANDING OF THE BUDGETARY
PROCESS  AND  MATTERS  RELATING  TO  REVENUES,  EXPENDITURES,  FINANCIAL
MANAGEMENT PRACTICES AND RELATED MATTERS.
  S  19.  Subdivisions  f,  g, h, i, j, l and n of section 24 of the New
York city charter, as amended by local law number 19 of the city of  New
York for the year 1993, are amended to read as follows:
  f.  In addition to other duties and responsibilities, the public advo-
cate shall serve as the public advocate and shall (1) monitor the opera-
tion of the public information and service complaint  programs  of  city
agencies  AND  THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK and make
proposals to improve such programs; (2) review complaints of a recurring
and multiborough or city-wide nature relating to services and  programs,
and  make proposals to improve the [city's] response OF THE CITY AND THE
CITY  SCHOOL  DISTRICT  to  such  complaints;  (3)  receive   individual
complaints  concerning [city] services PROVIDED BY THE CITY AND THE CITY
SCHOOL DISTRICT and other administrative actions of  city  agencies  AND
THE  CITY  SCHOOL DISTRICT; and (4) investigate and otherwise attempt to
resolve such individual complaints except for those  which  (i)  another
city  agency  OR  THE CITY SCHOOL DISTRICT is required by law to adjudi-
cate, (ii) may be resolved through a grievance mechanism established  by
collective  bargaining  agreement  or contract, or (iii) involve allega-
tions of conduct which may constitute a violation of criminal law  or  a
conflict  of interest. If the public advocate receives a complaint which
is subject to a procedure described in items (i) or (ii) of  this  para-
graph, the public advocate shall advise the complainant of the appropri-
ate  procedure for the resolution of such complaint. If the public advo-
cate receives a complaint of the type described in item  (iii)  of  this

A. 4996                            21

paragraph,  the  public  advocate  shall  promptly  refer  the matter in
accordance with subdivision k of this section.
  g.  The  public  advocate shall establish procedures for receiving and
processing complaints, responding to complainants,  conducting  investi-
gations,  and reporting findings, and shall inform the public about such
procedures. Upon an initial determination that a complaint may be valid,
the public advocate shall refer it to the appropriate agency OR THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK.   If such agency  OR  THE  CITY
SCHOOL DISTRICT does not resolve the complaint within a reasonable time,
the  public  advocate  may  conduct  an  investigation and make specific
recommendations to the agency OR THE CITY SCHOOL DISTRICT for resolution
of the complaint. If, within a reasonable time after the public advocate
has completed an investigation and submitted recommendations to an agen-
cy OR THE CITY SCHOOL DISTRICT, such agency OR THE CITY SCHOOL  DISTRICT
has  failed  to respond in a satisfactory manner to the recommendations,
the public advocate may issue a report to the  council  and  the  mayor.
Such report shall describe the conclusions of the investigation and make
such  recommendations  for  administrative,  legislative,  or  budgetary
action, together with their fiscal implications, as the public  advocate
deems  necessary to resolve the individual complaint or complaints or to
address the underlying problems discovered in the investigation.
  h. In addition to other duties and responsibilities, the public  advo-
cate  may  review  the  programs  of  city  agencies AND THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK.  Such reviews shall include,  but  not
be  limited  to,  annual  evaluations  of: (1) the implementation of the
requirements for coterminality of local services contained in all subdi-
visions of section twenty seven hundred four; (2) the  effectiveness  of
the  public  information and service complaint programs of city agencies
AND THE CITY SCHOOL DISTRICT; and (3) the responsiveness of  city  agen-
cies  AND  THE CITY SCHOOL DISTRICT to individual and group requests for
data  or  information  regarding  the  agencies'  AND  THE  CITY  SCHOOL
DISTRICT'S  structure,  activities  and  operations. The public advocate
shall submit any reports documenting or summarizing such reviews to  the
council,  mayor  and  appropriate agency OR THE CITY SCHOOL DISTRICT and
shall include in such reports his or her recommendations for  addressing
the  problems identified and the fiscal implications of such recommenda-
tions.
  i. Except for those matters which involve conduct which may constitute
a violation of criminal law or a conflict of interest, the public  advo-
cate may, on the request of a resident, taxpayer, community board, coun-
cil  member  or  borough president, or on his or her own motion, inquire
into any alleged failure of a city officer or agency OR THE CITY  SCHOOL
DISTRICT  OF  THE  CITY  OF NEW YORK to comply with any provision of the
charter. If as a result of such inquiry, the public  advocate  concludes
that  there  is  any substantial failure to comply with any provision of
the charter, he or she shall submit a preliminary report documenting the
conclusions of the inquiry to the officer or officers and  the  head  of
each  agency  OR  THE CITY SCHOOL DISTRICT involved. Within a reasonable
time after submitting such preliminary report, the public advocate shall
issue a final report to the council,  mayor,  and  agency  OR  THE  CITY
SCHOOL DISTRICT documenting the conclusions of the inquiry.
  j.  The  public advocate shall have timely access to those records and
documents of city agencies AND THE CITY SCHOOL DISTRICT OF THE  CITY  OF
NEW  YORK  which  the  public  advocate  deems necessary to complete the
investigations, inquiries and reviews required by  this  section.  If  a
city  agency OR THE CITY SCHOOL DISTRICT does not comply with the public

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advocate's request for such records and documents, the  public  advocate
may  request  an  appropriate  committee  of  the council to require the
production of such records and documents pursuant to section twenty-nine
of  the  charter.  The provisions of this subdivision shall not apply to
those records and documents of city agencies OR THE CITY SCHOOL DISTRICT
for which a claim of privilege may  properly  be  raised  or  which  are
prepared or maintained by the department of investigation for use in any
investigation authorized by chapter thirty-four of the charter.
  l. Before making public any portion of any draft, preliminary or final
report  relating  to  the  operations or activities of a city officer or
agency OR THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,  the  public
advocate  shall send a copy of the draft report to any such officer, and
to the head of any agency OR THE CITY SCHOOL DISTRICT, discussed in such
report and provide the officer and agency OR THE CITY  SCHOOL  DISTRICT,
in  writing,  with  a reasonable deadline for their review and response.
The public advocate shall include in any  report,  or  portion  thereof,
which  is  made  public  a  copy  of all such officer and agency OR CITY
SCHOOL DISTRICT responses.
  n. Not later than the thirty-first day of October of  each  year,  the
public  advocate shall present to the council a report on the activities
of the office  during  the  preceding  fiscal  year.  The  report  shall
include:  (1)  a  statistical  summary of the complaints received during
such fiscal year, categorized by agency AND THE CITY SCHOOL DISTRICT  OF
THE  CITY  OF  NEW  YORK,  type  of complaint, agency OR THE CITY SCHOOL
DISTRICT response, mode of resolution, and such  other  factors  as  the
public   advocate  deems  appropriate;  (2)  an  analysis  of  recurring
complaints and the public advocate's recommendations for administrative,
legislative or budgetary actions  to  resolve  the  underlying  problems
causing  the  complaints;  (3) a summary of the findings and recommenda-
tions of  the  agency  OR  THE  CITY  SCHOOL  DISTRICT  program  reviews
conducted during the fiscal year and a summary of the agency OR THE CITY
SCHOOL  DISTRICT  responses  to such findings and recommendations; (4) a
summary of the charter requirements which, in the opinion of the  public
advocate  are  not  being  implemented  by the city agencies OR THE CITY
SCHOOL DISTRICT and officers subject to them, including a description of
the nature and extent of the failure to comply  and  a  summary  of  the
responses of the agencies OR THE CITY SCHOOL DISTRICT or officers to the
public  advocate's  conclusions;  and  (5)  a summary of improvements in
charter compliance since the public advocate's last annual  report.  The
public  advocate  shall include an assessment of the fiscal implications
of any recommendations presented in this report.
  S 20. Subdivision 36  of  section  2590-h  of  the  education  law  is
REPEALED.
  S  21.  Section  34  of  chapter  91 of the laws of 2002, amending the
education law and other laws relating to the reorganization of  the  New
York city school construction authority, board of education and communi-
ty  boards, as amended by chapter 345 of the laws of 2009, is amended to
read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one, THREE, FIVE through twenty,  twenty-four,  and  twenty-six  through
thirty  of  this act shall expire and be deemed repealed June 30, [2015]
2016; provided, further, that notwithstanding any provision of article 5
of the general construction law, on June 30, [2015] 2016 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

A. 4996                            23

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 educa-
tion 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, subdivision 30-a of section 2590-h of the education law as repealed
by section thirty of this act shall be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
  S 22. Subdivision 12 of section 17 of chapter 345 of the laws of 2009,
amending the education law relating to the New York city board of educa-
tion, chancellor, community councils and community  superintendents,  is
amended to read as follows:
  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] 2016.
  S 23. This act shall take effect immediately; provided, however, that:
  (1) the amendments to subdivision 1 of section 2590-b of the education
law  made by section one of this act shall not affect the repeal of such
subdivision and shall be deemed to repeal therewith;
  (2) the amendments to subdivision 2 of section 2590-b of the education
law made by section two of this act shall not affect the  expiration  of
such subdivision and shall be deemed to expire therewith;
  (3)  the  amendments  to subdivisions 4 and 7 of section 2590-c of the
education law made by section three of this act  shall  not  affect  the
repeal of such section and shall be deemed to be repealed therewith;
  (4)  the  amendments  to  subdivision  1  and the opening paragraph of
subdivision 2 of section 2590-d of the education  law  made  by  section
four  of  this  act  shall not affect the expiration of such section and
shall be deemed to expire therewith;
  (5) the amendments to subdivisions 8, 14, 17 and 18 of section  2590-e
of  the  education law made by section five of this act shall not affect
the expiration or repeal of such subdivisions and  shall  be  deemed  to
expire or repeal therewith;
  (6)  the  amendments  to  the  opening  paragraph and subdivision 5 of
section 2590-g of the education law made by section seven  of  this  act
shall  not  affect the expiration of such section and shall be deemed to
expire therewith;
  (7) the amendments to section 2590-h of  the  education  law  made  by
section  eight  of  this  act  shall  not  affect the expiration of such
section and shall be deemed to expire therewith;
  (8) the amendments to paragraph b of subdivision  3,  paragraph  a  of
subdivision  5 and paragraph c of subdivision 6 of section 2590-p of the

A. 4996                            24

education law, made by sections eleven, twelve and thirteen of this  act
shall  not  affect the expiration or repeal of such provisions and shall
be deemed to expire or repeal therewith;
  (9)  the  amendments  to  section  2590-q of the education law made by
section fourteen of this act shall not affect  the  expiration  of  such
section and shall be deemed to expire therewith;
  (10)  the  amendments  to  section 2590-r of the education law made by
section fifteen of this act shall not  affect  the  expiration  of  such
section and shall be deemed to expire therewith;
  (11)  the  amendments  to  the  opening  paragraph of subdivision 1 of
section 2590-f of the education law made by  section  six  of  this  act
shall  not  affect the expiration of such section and shall be deemed to
expire therewith; and
  (12) the amendments to section 2590-i of the  education  law  made  by
section nine of this act shall not affect the expiration of such section
and shall be deemed to expire therewith.