S T A T E   O F   N E W   Y O R K
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                                   2569
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2019
                                ___________
 
 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".
   § 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.
   § 2591-A. APPLICATION OF ARTICLE. THIS ARTICLE SHALL APPLY TO THE CITY
 SCHOOL DISTRICT OF THE CITY OF ROCHESTER.

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

                                                            LBD06336-01-9

 A. 2569                             2
 
   § 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.
   §  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 NINETEEN THAT ADDED THIS ARTICLE. A MEMBER  MAY  BE
 REMOVED  FROM  OFFICE BY THE APPOINTING AUTHORITY DURING HIS OR HER TERM
 FOR GOOD CAUSE SHOWN, AFTER NOTICE AND  OPPORTUNITY  TO  BE  HEARD.    A
 MEMBER  WHO REFUSES OR FAILS TO ATTEND THREE SUCCESSIVE MEETINGS OF SUCH
 BOARD VACATES HIS OR HER OFFICE BY REFUSAL TO SERVE.  ANY VACANCY  SHALL
 BE FILLED BY THE APPOINTING AUTHORITY WITHIN THIRTY DAYS OF THE VACANCY.

 A. 2569                             3
 
   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
   (IV) HOLD REGULAR MEETINGS OPEN TO THE PUBLIC, DURING WHICH THE PUBLIC
 MAY DISCUSS ISSUES FACING STUDENTS WITH DISABILITIES.

 A. 2569                             4
 
   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.
   §  2591-D.  BOARD  OF EDUCATION; POWERS AND DUTIES. 1. THE BOARD SHALL
 ADVISE THE SUPERINTENDENT ON MATTERS OF POLICY AFFECTING THE WELFARE  OF
 THE  CITY  SCHOOL  DISTRICT  AND ITS PUPILS. THE BOARD SHALL EXERCISE NO
 EXECUTIVE POWER AND PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTIONS.
   2. THE BOARD SHALL PERFORM ANY DUTY IMPOSED UPON BOARDS  OF  EDUCATION
 OR  TRUSTEES  OF COMMON SCHOOLS UNDER THIS CHAPTER OR OTHER STATUTES, OR
 THE RULES OF THE REGENTS AND REGULATIONS OF THE COMMISSIONER SO  FAR  AS
 THEY  MAY  BE APPLICABLE TO THE SCHOOL OR OTHER EDUCATIONAL AFFAIRS OF A
 CITY, AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
   3. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE BOARD  SHALL  FOR
 ALL  PURPOSES  BE  THE  GOVERNMENT  OR  PUBLIC  EMPLOYER  OF ALL PERSONS
 APPOINTED OR ASSIGNED TO WORK FOR THE CITY DISTRICT.
   4. THE BOARD SHALL ALSO HAVE THE POWER AND DUTY TO:
   (A) APPROVE STANDARDS, POLICIES, AND OBJECTIVES PROPOSED BY THE SUPER-
 INTENDENT  DIRECTLY  RELATED  TO  EDUCATIONAL  ACHIEVEMENT  AND  STUDENT
 PERFORMANCE;
   (B)  APPROVE  ANY OTHER STANDARDS, POLICIES, AND OBJECTIVES AS SPECIF-
 ICALLY AUTHORIZED OR REQUIRED BY FEDERAL OR STATE LAW OR REGULATION;
   (C) APPROVE A PROTOCOL DEVELOPED BY  THE  SUPERINTENDENT  RELATING  TO
 SCHOOL  CLOSURES PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
 THIS ARTICLE;
   (D) APPROVE A  PROCUREMENT  POLICY  DEVELOPED  BY  THE  SUPERINTENDENT
 PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE;
   (E)  APPROVE  THE  PURCHASE  OF  SUCH  APPARATUS, MAPS, GLOBES, BOOKS,
 FURNITURE AND OTHER EQUIPMENT AND SUPPLIES AS MAY BE NECESSARY  FOR  THE
 PROPER  AND  EFFICIENT  MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL,
 SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS IN THE CITY DISTRICT;
   (F) APPROVE A PLAN DEVELOPED BY THE SUPERINTENDENT TO ENSURE THAT  ALL
 INSTRUCTIONAL  MATERIALS  TO  BE USED IN THE SCHOOLS OF THE DISTRICT ARE
 AVAILABLE IN A USABLE ALTERNATIVE FORMAT FOR EACH STUDENT WITH  A  DISA-

 A. 2569                             5
 
 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;
   (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

 A. 2569                             6
 
 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.
   § 2591-E. SUPERINTENDENT OF SCHOOLS; APPOINTMENT; POWERS  AND  DUTIES.
 1.  THE  SUPERINTENDENT OF SCHOOLS SHALL SERVE AT THE PLEASURE OF AND BE
 EMPLOYED BY THE MAYOR, SUBJECT TO THE CONFIRMATION OF THE  COMMON  COUN-
 CIL.  THE SUPERINTENDENT SHALL RECEIVE A SALARY TO BE FIXED BY THE MAYOR
 WITHIN  THE  BUDGETARY  ALLOCATION THEREFOR.   THE SUPERINTENDENT MAY BE
 REMOVED BY THE MAYOR WITHOUT PRIOR APPROVAL OF THE COMMON COUNCIL.
   2. THE SUPERINTENDENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   (A) TO BE THE CHIEF EXECUTIVE OFFICER OF THE CITY DISTRICT, AND  SHALL
 BE A NON-VOTING EX OFFICIO MEMBER OF THE BOARD.
   (B)  CONTROL  AND  OPERATE ALL PRE-KINDERGARTEN, ELEMENTARY, SECONDARY
 AND SPECIAL EDUCATION SCHOOLS, PROGRAMS AND SERVICES UNDER THE JURISDIC-
 TION OF THE CITY DISTRICT.
   (C)  PROMULGATE  MINIMUM  CLEAR  EDUCATIONAL   STANDARDS,   CURRICULUM
 REQUIREMENTS  AND FRAMEWORKS AND MANDATORY EDUCATIONAL OBJECTIVES APPLI-
 CABLE TO ALL SCHOOLS AND PROGRAMS  THROUGHOUT  THE  CITY  DISTRICT,  AND
 EXAMINE  AND  EVALUATE  PERIODICALLY  ALL SUCH SCHOOLS AND PROGRAMS WITH
 RESPECT TO:
   (I) COMPLIANCE WITH SUCH EDUCATIONAL STANDARDS AND OTHER REQUIREMENTS,
 AND
   (II) THE EDUCATIONAL EFFECTIVENESS OF SUCH SCHOOLS AND PROGRAMS, IN  A
 MANNER NOT INCONSISTENT WITH THE POLICIES OF THE BOARD.
   (D)  PREPARE  THE  CONTENT  OF  EACH COURSE OF STUDY AUTHORIZED BY THE
 BOARD. THE CONTENT OF EACH SUCH COURSE SHALL BE SUBMITTED TO  THE  BOARD
 FOR ITS APPROVAL AND, WHEN APPROVED, THE SUPERINTENDENT SHALL CAUSE SUCH
 COURSES OF STUDY TO BE USED IN THE GRADES, CLASSES AND SCHOOLS FOR WHICH
 THEY ARE AUTHORIZED.
   (E)  PREPARE  AND  FILE  A BUDGET ESTIMATE WITH THE MAYOR FOR THE CITY
 DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED  NINETY-ONE-I  OF  THIS
 ARTICLE.
   (F) RECOMMEND SUITABLE LISTS OF TEXTBOOKS TO BE USED IN THE SCHOOLS.
   (G)  PROMULGATE  POLICIES  ESTABLISHING  EDUCATIONAL,  MANAGERIAL, AND
 ADMINISTRATIVE QUALIFICATIONS, PERFORMANCE RECORD CRITERIA, AND PERFORM-
 ANCE STANDARDS FOR THE POSITIONS OF PRINCIPAL.
   (H) ESTABLISH, SUBJECT TO THE APPROVAL OF THE BOARD, A PUBLICLY INCLU-
 SIVE PROCESS FOR THE RECRUITMENT, SCREENING AND SELECTION OF  CANDIDATES
 FOR SCHOOL PRINCIPALS.

 A. 2569                             7
 
   (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
 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

 A. 2569                             8
 
 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.
   (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

 A. 2569                             9
 
 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.
   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:

 A. 2569                            10
 
   (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
 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.

 A. 2569                            11
 
   § 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 TWENTY, WITH TERMS COMMENC-
 ING ON DECEMBER FIRST, TWO THOUSAND TWENTY.   THEREAFTER, COMMENCING  IN
 THE  YEAR  TWO  THOUSAND  TWENTY-TWO,  THE SELECTION OF ADVISORY COUNCIL
 MEMBERS SHALL OCCUR ON THE SECOND TUESDAY IN MAY, WITH TERMS  COMMENCING
 ON THE FOLLOWING JULY FIRST.
   (C)  EACH SUCH ADVISORY COUNCIL SHALL SELECT ONE OF ITS VOTING MEMBERS
 TO SERVE AS CHAIR, AND SHALL ALSO APPOINT, FROM  AMONG  ITS  MEMBERS,  A
 SECRETARY, WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
   (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
   (II)  RECORD  AND  MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER ADVISORY
 COUNCIL MEETINGS; AND
   (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
 RIALS FOR SUCH MEETINGS.
   3. (A) NO PERSON MAY SERVE ON MORE THAN ONE ADVISORY COUNCIL OR ON THE
 CITY-WIDE COUNCIL ON SPECIAL EDUCATION, THE CITY-WIDE COUNCIL ON ENGLISH
 LANGUAGE LEARNERS AND AN ADVISORY COUNCIL.  NO PERSON SHALL BE  ELIGIBLE
 FOR  MEMBERSHIP  ON  AN ADVISORY COUNCIL IF HE OR SHE HOLDS ANY ELECTIVE
 PUBLIC OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF

 A. 2569                            12

 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.
   § 2591-G. APPOINTMENT OF  TEACHERS,  ADMINISTRATORS,  SUPERVISORS  AND
 OTHER  EMPLOYEES.    1.  TEACHERS  AND ALL OTHER MEMBERS OF THE TEACHING
 STAFF OF THE CITY DISTRICT SHALL BE APPOINTED BY THE  SUPERINTENDENT  OF
 SCHOOLS  FOR  A  PROBATIONARY  PERIOD OF THREE YEARS, EXCEPT THAT IN THE
 CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY  SERVICE  AS  A  REGULAR
 SUBSTITUTE  FOR  A  PERIOD  OF TWO YEARS OR AS A SEASONALLY LICENSED PER
 SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
 ITY FOR A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH  THE  SAME
 SUBJECT  IN  DAY  SCHOOLS  ON  AN ANNUAL SALARY, THE PROBATIONARY PERIOD
 SHALL BE LIMITED TO ONE YEAR; PROVIDED, HOWEVER, THAT IN THE CASE  OF  A
 TEACHER  WHO  HAS  BEEN  APPOINTED  ON TENURE IN ANOTHER SCHOOL DISTRICT
 WITHIN THE STATE, THE SCHOOL DISTRICT WHERE  CURRENTLY  EMPLOYED,  OR  A
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, AND WHO WAS NOT DISMISSED
 FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT  PURSUANT  TO
 SUBDIVISION  ONE OF SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER, THE
 PROBATIONARY PERIOD SHALL NOT EXCEED TWO YEARS. THE SERVICE OF A  PERSON

 A. 2569                            13
 
 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.
   §  2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES. 1.
 THE PRINCIPAL SHALL BE THE ADMINISTRATIVE AND  INSTRUCTIONAL  LEADER  OF
 THE SCHOOL.
   2. THE SUPERINTENDENT SHALL APPOINT A PRINCIPAL PURSUANT TO A PROCESS,
 WHICH  SHALL  BE APPROVED BY THE BOARD, THAT PROMOTES PARENTAL AND STAFF
 INVOLVEMENT IN THE RECRUITMENT, SCREENING, INTERVIEWING AND  RECOMMENDA-
 TION  OF CANDIDATES FOR SCHOOL PRINCIPAL. CANDIDATES MUST MEET THE LEGAL
 AND REGULATORY REQUIREMENTS ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
 ADMINISTRATIVE  QUALIFICATIONS, INCLUDING EVALUATION OF EACH CANDIDATE'S
 RECORD OF PERFORMANCE IN COMPARABLE POSITIONS.
   3. SUBJECT TO THE  REGULATIONS  OF  THE  COMMISSIONER  AND  APPLICABLE
 COLLECTIVE BARGAINING AGREEMENTS AND OBLIGATIONS, THE PRINCIPAL SHALL BE
 RESPONSIBLE  FOR  THE DAY TO DAY OPERATION OF THE SCHOOL AND SHALL CARRY
 OUT THE FOLLOWING DUTIES IN  CONSULTATION  WITH  PARENTS,  TEACHERS  AND
 OTHER STAFF:
   (A)  PROMOTE  AN  EQUAL  EDUCATIONAL  OPPORTUNITY  FOR STUDENTS IN THE
 SCHOOL,

 A. 2569                            14
 
   (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.
   § 2591-I. BUDGETARY AND FISCAL PROCESSES. 1.  (A)  THE  SUPERINTENDENT
 SHALL  PREPARE  ANNUALLY AN ITEMIZED ESTIMATE FOR THE CURRENT OR ENSUING
 FISCAL YEAR OF SUCH SUM OF MONEY AS HE OR SHE MAY DEEM NECESSARY FOR THE
 PURPOSES STATED IN THIS SECTION,  AFTER  CREDITING  THERETO  THE  AMOUNT
 ANTICIPATED IN THE NEXT APPORTIONMENT OF SCHOOL FUNDS FROM THE STATE AND
 THE  ESTIMATED AMOUNT TO BE RECEIVED FROM ALL OTHER SOURCES.  SUCH ESTI-
 MATE SHALL BE FILED WITH THE MAYOR, WHO SHALL PLACE SUCH ESTIMATE BEFORE
 THE COMMON COUNCIL AT THE SAME TIME AND IN THE SAME MANNER AS  ESTIMATES
 FROM  CITY  DEPARTMENTS  ARE  PLACED BEFORE SAID BODY, AND SUCH ESTIMATE
 SHALL THEREAFTER BE SUBJECT TO THE SAME CONSIDERATION, ACTION AND PROCE-
 DURE AS ALL OTHER ESTIMATES FROM CITY DEPARTMENTS.  THE  COMMON  COUNCIL
 MAY  INCREASE,  DIMINISH  OR REJECT ANY ITEM CONTAINED IN SUCH ESTIMATE,
 EXCEPT FOR FIXED CHARGES FOR WHICH THE CITY IS LIABLE AND SUBJECT TO THE
 LIMITATIONS PROVIDED BY SUBDIVISION TWO OF THIS SECTION.
   (B) PRIOR TO FILING SUCH ESTIMATE WITH THE MAYOR,  THE  SUPERINTENDENT
 SHALL  TRANSMIT  A  PROPOSED ESTIMATE TO EACH COMMUNITY SCHOOLS ADVISORY
 COUNCIL. EACH COMMUNITY SCHOOLS ADVISORY COUNCIL SHALL CONDUCT A  PUBLIC
 HEARING  WITHIN  ITS  RESPECTIVE  COUNCIL DISTRICT TO REVIEW AND SOLICIT
 COMMUNITY INPUT AND COMMENTS ON SUCH PROPOSED ESTIMATE.  EACH  COMMUNITY
 SCHOOLS  ADVISORY COUNCIL SHALL SUBMIT ANY INPUT OR COMMENTS RECEIVED TO
 THE SUPERINTENDENT, WHO SHALL TAKE SUCH INPUT AND COMMENT UNDER  ADVISE-
 MENT. WHEN THE SUPERINTENDENT FILES THE ESTIMATE WITH THE MAYOR PURSUANT
 TO  THIS SUBDIVISION, HE OR SHE SHALL ALSO TRANSMIT A COPY OF SUCH ESTI-
 MATE TO THE BOARD OF EDUCATION.
   (C) SUCH ESTIMATES SHALL BE FOR THE FOLLOWING PURPOSES:
   (I) THE SALARY OF THE SUPERINTENDENT OF SCHOOLS, ASSOCIATE OR  ASSIST-
 ANT OR OTHER SUPERINTENDENTS, EXAMINERS, DIRECTORS, SUPERVISORS, PRINCI-
 PALS,  TEACHERS,  LECTURERS,  SPECIAL  INSTRUCTORS,  MEDICAL INSPECTORS,
 NURSES, ATTENDANCE OFFICERS, CLERKS, CUSTODIANS AND  JANITORS;  AND  THE
 SALARY,  FEES  OR  COMPENSATION  OF  ALL  OTHER  EMPLOYEES  APPOINTED OR
 EMPLOYED BY THE SUPERINTENDENT, INCLUDING STAFF ASSIGNED TO  THE  BOARD.
 IN  ADDITION, THE EXPENSES OF PERSONNEL UTILIZED TO FULFILL THE INTERNAL
 AUDIT FUNCTION PURSUANT TO SECTION TWENTY-ONE HUNDRED SIXTEEN-B OF  THIS
 TITLE.
   (II) THE OTHER NECESSARY INCIDENTAL AND CONTINGENT EXPENSES, INCLUDING
 ORDINARY  REPAIRS  TO  BUILDINGS  AND  THE  PURCHASE  OF FUEL AND LIGHT,
 SUPPLIES, TEXTBOOKS, SCHOOL APPARATUS, BOOKS, FURNITURE AND FIXTURES AND
 OTHER ARTICLES AND SERVICE NECESSARY FOR THE PROPER MAINTENANCE,  OPERA-
 TION AND SUPPORT OF THE SCHOOLS, LIBRARIES AND OTHER EDUCATIONAL, SOCIAL
 OR RECREATIONAL AFFAIRS AND INTERESTS OF THE CITY DISTRICT.
   (III)  THE  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

 A. 2569                            15
 
 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  NINE-
 TEEN--TWO  THOUSAND  TWENTY  SCHOOL YEAR BUDGET AND ANNUALLY THEREAFTER,
 THE MAYOR  SHALL  ANNUALLY  CERTIFY  TO  THE  COMMISSIONER,  IN  A  FORM
 PRESCRIBED  BY  THE  COMMISSIONER  UPON  APPROVAL OF THE DIRECTOR OF THE
 BUDGET, AS TO THE CITY AMOUNT IN SUCH BUDGET, THE  CITY  AMOUNT  IN  THE
 BASE  YEAR,  AND  THAT THE CITY AMOUNT APPROPRIATED IN SUCH BUDGET IS IN
 COMPLIANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
   (D) THE SCHOOL DISTRICT AUDIT REPORT CERTIFIED TO  BY  AN  INDEPENDENT
 CERTIFIED  PUBLIC  ACCOUNTANT  OR  AN INDEPENDENT ACCOUNTANT PURSUANT TO
 SECTION TWENTY-ONE HUNDRED SIXTEEN-A OF THIS TITLE FOR THE TWO  THOUSAND
 NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR BUDGET AND ANNUALLY THEREAFTER
 SHALL INCLUDE A CERTIFICATION BY THE ACCOUNTANT, IN A FORM PRESCRIBED BY
 THE  COMMISSIONER UPON APPROVAL OF THE DIRECTOR OF THE BUDGET, AS TO THE
 CITY AMOUNT EXPENDED IN THE SCHOOL YEAR COVERED BY  SUCH  AUDIT  REPORT,
 THE  CITY  AMOUNT  IN  THE  PRIOR  SCHOOL YEAR, AND THAT THE CITY AMOUNT
 EXPENDED IN THE SCHOOL YEAR COVERED BY SUCH AUDIT REPORT IS  IN  COMPLI-
 ANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
   3. THE SUPERINTENDENT MAY, TO MEET OR RESPOND TO EMERGENCIES WHICH MAY
 ARISE,  SUBMIT  A  SPECIAL  ESTIMATE  IN  WHICH  ITEMS FOR EXTRAORDINARY
 EXPENSES MAY BE SUBMITTED TO MEET SUCH EMERGENCIES. SUCH ESTIMATE  SHALL
 CONTAIN  A  COMPLETE  STATEMENT  OF THE PURPOSES FOR WHICH THE ITEMS ARE
 REQUESTED AND THE NECESSITY THEREFOR. THE SAME METHOD OF PROCEDURE SHALL
 BE FOLLOWED IN SUBMITTING SUCH  ESTIMATE  AND  SUCH  ESTIMATE  SHALL  BE

 A. 2569                            16
 
 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.
   §  2591-J.  CUSTODY AND DISBURSEMENT OF FUNDS. 1. PUBLIC MONEYS APPOR-
 TIONED TO THE CITY BY THE STATE AND ALL FUNDS RAISED OR COLLECTED BY THE
 AUTHORITIES IN THE CITY FOR SCHOOL PURPOSES OR TO BE USED BY  THE  BOARD
 FOR ANY PURPOSE AUTHORIZED IN THIS ARTICLE, OR ANY OTHER FUNDS BELONGING
 TO  THE  CITY  AND  RECEIVED  FROM  ANY  SOURCE  WHATSOEVER  FOR SIMILAR
 PURPOSES, SHALL BE PAID INTO THE TREASURY OF  SUCH  CITY  AND  SHALL  BE
 CREDITED TO THE BOARD. THE FUNDS SO RECEIVED INTO SUCH TREASURY SHALL BE
 KEPT  SEPARATE  AND DISTINCT FROM ANY OTHER FUNDS RECEIVED INTO THE SAID
 TREASURY. THE OFFICER HAVING THE CHARGE THEREOF SHALL  GIVE  SUCH  ADDI-
 TIONAL  SECURITY  FOR THE SAFE CUSTODY THEREOF AS THE CORPORATE AUTHORI-
 TIES OF SUCH CITY SHALL REQUIRE.
   2. SUCH FUNDS SHALL BE DISBURSED BY AUTHORITY OF THE BOARD UPON  WRIT-
 TEN  ORDERS  DRAWN  ON THE CITY TREASURER OR OTHER FISCAL OFFICER OF THE
 CITY. SUCH ORDERS SHALL BE SIGNED BY THE SUPERINTENDENT OF  SCHOOLS  AND
 THE  CLAIMS  AUDITOR.  ORDERS  SHALL BE NUMBERED CONSECUTIVELY AND SHALL
 SPECIFY THE PURPOSE FOR WHICH THEY ARE DRAWN AND THE  PERSON  OR  CORPO-
 RATION  TO  WHOM  THEY ARE PAYABLE. THE CLAIMS AUDITOR SHALL ENSURE THAT
 ORDERS COMPLY WITH THE APPROPRIATE POLICIES AND PROCEDURES OF  THE  CITY
 SCHOOL  DISTRICT  PRIOR  TO  APPROVAL  FOR  PAYMENT,  INCLUDING WITH THE
 PROCUREMENT POLICY PROPOSED BY THE SUPERINTENDENT  PURSUANT  TO  SECTION
 TWENTY-FIVE  HUNDRED  NINETY-ONE-E  OF  THIS ARTICLE AND APPROVED BY THE
 BOARD PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTI-
 CLE. CLAIMS AGAINST THE CITY SCHOOL DISTRICT SHALL NOT BE  PAID  WITHOUT
 PRIOR AUDIT AND APPROVAL BY THE CLAIMS AUDITOR.
   3.  FIXED  SALARIES,  PRINCIPAL  OF  AND  INTEREST ON INDEBTEDNESS AND
 AMOUNTS BECOMING DUE UPON LAWFUL CONTRACTS  FOR  PERIODS  EXCEEDING  ONE
 YEAR  MAY  BE  DISBURSED  WITHOUT PRIOR AUDIT OF THE BOARD OR THE CLAIMS
 AUDITOR. BY RESOLUTION DULY ADOPTED, THE BOARD MAY  DETERMINE  TO  ENTER
 INTO  A  CONTRACT  TO PROVIDE FOR THE DEPOSIT OF THE PERIODIC PAYROLL OF
 THE SCHOOL DISTRICT IN A BANK OR TRUST COMPANY FOR DISBURSAL  BY  IT  IN
 ACCORDANCE WITH PROVISIONS OF SECTION NINETY-SIX-B OF THE BANKING LAW.
   4.  IT  SHALL BE UNLAWFUL FOR A CITY TREASURER OR OTHER OFFICER HAVING
 THE CUSTODY OF SUCH CITY FUNDS TO PERMIT THEIR USE FOR ANY PURPOSE OTHER
 THAN THAT FOR WHICH THEY ARE LAWFULLY AUTHORIZED; THEY SHALL BE PAID OUT
 ONLY ON AUDIT OF THE CLAIMS AUDITOR OR AS  OTHERWISE  PROVIDED  BY  LAW.
 PAYMENTS  FROM  SUCH  FUNDS  SHALL  BE MADE ONLY BY CHECKS SIGNED BY THE
 TREASURER OR OTHER CUSTODIAN OF SUCH MONEYS AND PAYABLE TO THE PERSON OR
 PERSONS ENTITLED THERETO AND COUNTERSIGNED BY AN OFFICER  DESIGNATED  BY
 THE  OFFICER OR BODY HAVING THE GENERAL CONTROL OF THE FINANCIAL AFFAIRS
 OF SUCH CITY.  THE BOARD SHALL MAKE, IN ADDITION TO SUCH  CLASSIFICATION
 OF ITS FUNDS AND ACCOUNTS AS IT DESIRES FOR ITS OWN USE AND INFORMATION,
 SUCH  FURTHER  CLASSIFICATION  OF  THE  FUNDS  UNDER  ITS MANAGEMENT AND
 CONTROL AND OF THE DISBURSEMENTS THEREOF AS THE OFFICER OR  BODY  HAVING
 THE  GENERAL  CONTROL  OF  THE  FINANCIAL  AFFAIRS  OF  SUCH CITY, SHALL
 REQUIRE, AND SUCH BOARD SHALL FURNISH SUCH  DATA  IN  RELATION  TO  SUCH
 FUNDS  AND  THEIR  DISBURSEMENTS AS THE FINANCIAL OFFICER OR BODY OF THE
 CITY SHALL REQUIRE.

 A. 2569                            17
 
   § 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.
   § 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.
   § 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.
   § 17-3. DUTIES AND RESPONSIBILITIES OF DIRECTOR.
   A. THE DIRECTOR SHALL PROVIDE TO THE MAYOR, THE COMMON COUNCIL AND THE
 PUBLIC, THE FOLLOWING INFORMATION:
   (1)  INFORMATION  WITH RESPECT TO THE BUDGET, APPROPRIATIONS BILLS AND
 PROPOSED LOCAL LAWS WITH FISCAL IMPLICATIONS AFFECTING THE  CITY  SCHOOL
 DISTRICT;
   (2)  INFORMATION  WITH  RESPECT  TO  ESTIMATED CITY, STATE AND FEDERAL
 REVENUES AND CHANGING  REVENUE  CONDITIONS  AFFECTING  THE  CITY  SCHOOL
 DISTRICT; AND
   (3)  TO  THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR ANALYSES AS
 MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES.
   B. THE DIRECTOR SHALL ALSO ISSUE REGULAR REPORTS TO  ENHANCE  OFFICIAL
 AND  PUBLIC  UNDERSTANDING  OF  THE  EDUCATION BUDGET, INCLUDING MATTERS
 RELATING TO CITY, STATE AND FEDERAL REVENUES, EXPENDITURES, OR FINANCIAL
 MANAGEMENT PRACTICES AFFECTING THE  CITY  SCHOOL  DISTRICT  AND  RELATED
 MATTERS.
   C.  THE DIRECTOR SHALL BE AUTHORIZED TO SECURE SUCH INFORMATION, DATA,
 ESTIMATES AND STATISTICS  FROM  THE  MAYOR,  COMMON  COUNCIL,  AGENCIES,
 DEPARTMENTS,  OFFICES  AND  OTHER PUBLIC ENTITIES OF THE CITY, INCLUDING
 THE CITY SCHOOL DISTRICT AS THE DIRECTOR DETERMINES TO BE NECESSARY  FOR
 THE  PERFORMANCE  OF  THE  FUNCTIONS  AND DUTIES OF THE OFFICE; AND SUCH
 OFFICIALS OR ENTITIES SHALL PROVIDE SUCH INFORMATION, TO THE EXTENT THAT

 A. 2569                            18
 
 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.
   § 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.
   §  4.  Section 2552 of the education law, as amended by chapter 138 of
 the laws of 1974, is amended to read as follows:
   § 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.
   § 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
 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

 A. 2569                            19
 
 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.
   (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.

 A. 2569                            20

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

 A. 2569                            21

 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.]
   §  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:
   § 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.
   § 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
   (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

 A. 2569                            22
 
 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.
   § 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.
   § 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:
   § 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
 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;

 A. 2569                            23

 provided, however, that such term shall, in no event, exceed a period of
 four years.]
   §  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.
   §  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-
 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.
   § 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:

 A. 2569                            24
 
   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.
   §  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, 2019. On July 1, 2019, 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, 2019.
   § 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, 2019.
 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.
   § 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.

 A. 2569                            25
 
   § 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.
   §  17.  This act shall take effect immediately; provided, however 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, 2024, whichever
 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, 2024.