S T A T E   O F   N E W   Y O R K
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                                   215

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. GANTT -- read once and referred to the Committee
  on Education

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. This 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03142-01-5
              

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  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:
  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 FIFTEEN 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

A. 215                              3

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
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

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  (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 FROM  EACH  COUNCIL
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;

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  (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
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;

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  (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
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.

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  (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
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

A. 215                              8

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
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.

A. 215                              9

  (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.
  (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.

A. 215                             10

  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
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

A. 215                             11

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
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  SIXTEEN,  WITH  TERMS
COMMENCING  ON  DECEMBER  FIRST,  TWO  THOUSAND  SIXTEEN.    THEREAFTER,
COMMENCING  IN THE YEAR TWO THOUSAND EIGHTEEN, 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

A. 215                             12

  (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.
  (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

A. 215                             13

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
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.

A. 215                             14

  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,
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

A. 215                             15

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  REMODELING  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
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
FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR BUDGET AND ANNUALLY  THEREAFT-
ER,  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
FIFTEEN--TWO THOUSAND SIXTEEN 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

A. 215                             16

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
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

A. 215                             17

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:
                               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 CHAPTER  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

A. 215                             18

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
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, 4, 5, 6, 8 and 9 of section 2553 of the educa-
tion law, subdivision 1 as separately amended by chapters 211 and 441 of
the laws of 1980, subdivisions 2, 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 subdivision 9 as
relettered by chapter 211 of the laws of 1980, subdivision 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 chapter 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

A. 215                             19

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 OR SHE is chosen for  a  period
of  at  least  three  years immediately preceding the date of his OR HER
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
immediately preceding the date of his OR HER election and in the case of
a member elected from a city school subdistrict is not a qualified voter
of  such 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 peri-
od  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 [Roches-
ter, 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.
  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.
  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 OR SHE 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.

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  (b)  The  members  of the board of education shall be elected at large
throughout the city by the qualified voters at a general election.
  (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

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city. The clerk or other appropriate officer of the board  of  education
shall  within  twenty-four hours after the receipt of such certification
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
chapter 27 of the laws of 2012, 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[, Rochester, and
Syracuse] appointment of associate, assistant and  district  superinten-
dents,  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
superintendent 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 section 16 of subpart F of part C of chapter 97 of  the  laws
of 2011, 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. In its discretion,
the board may adopt a resolution establishing one  or  more  offices  of
deputy  claims auditor who shall act as claims auditor in the absence of
the claims auditor. Such claims auditor shall  report  directly  to  the
board  of  education. No person shall be eligible for appointment to the
office of claims auditor or deputy 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

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  (5) clerical or professional personnel directly involved in accounting
and purchasing functions of the school district.
  b.  The  positions of claims auditor or deputy 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  or
deputy  claims  auditor,  may  adopt a resolution 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 to one or more independent enti-
ties by using (1) inter-municipal cooperative agreements, or  (2)  inde-
pendent contractors, to fulfill this function.
  c.  When  the  board  of education delegates the claims audit function
using an inter-municipal cooperative agreement, shared  service  author-
ized  by section nineteen hundred fifty of this title, or an independent
contractor, the board shall be responsible for auditing all  claims  for
services  from the entity providing the delegated claims auditor, either
directly or through a delegation to a different independent entity.
  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 OR HER position for the term for which he OR SHE
was chosen and until his OR HER successor is chosen. A superintendent or
associate superintendent appointed after such date shall hold his OR HER
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 OR HER
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  super-
intendent  and the board of education relating to an increase in salary,
compensation or other benefits, 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 OR
HER position by filing a written resignation with the  board  of  educa-
tion.   No person shall be eligible to the position of superintendent of

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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  OR  SHE
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 27 of the laws of 2012, is amended to read as follows:
  6. To have supervision and direction of associate, assistant, district
and other superintendents, directors, supervisors, principals, teachers,
lecturers,  medical  inspectors,  nurses, claims auditors, deputy claims
auditors, attendance officers, 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[, Rochester, and Syracuse] to
also appoint, within the  amounts  budgeted  therefor,  such  associate,
assistant  and  district superintendents 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 regulations 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 chapter 27 of the laws of 2012, 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[, Rochester, and
Syracuse], the associate, assistant and district superintendents and all
other supervising staff who are  excluded  from  the  right  to  bargain
collectively 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-

A. 215                             24

ment has to his OR HER credit thirty  or  more  years  of  city  service
including  ten or more years of service as such associate superintendent
of schools, he OR SHE 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
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, 2016. On July 1, 2016, 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, 2016.
  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, 2016.
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.

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  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-
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,  2016  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, 2021, 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, 2021.