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SECTION 2590-B
Continuation of city board and establishment of community districts; establishment of the city-wide councils on special education, Englis...
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52-A
* § 2590-b. Continuation of city board and establishment of community
districts; establishment of the city-wide councils on special education,
English language learners, and high schools. 1. (a) The board of
education of the city school district of the city of New York is hereby
continued.

(1) (A) Such board of education shall consist of thirteen appointed
members: one member to be appointed by each borough president of the
city of New York; and eight members to be appointed by the mayor of the
city of New York.

(B) Commencing on July first, two thousand twenty, the board of
education shall consist of fifteen members: one member to be appointed
by each borough president of the city of New York, one member to be
elected by community district education council presidents, and nine
members to be appointed by the mayor of the city of New York. On or
before December thirty-first, two thousand nineteen, the chancellor
shall promulgate regulations establishing a process for community
district education council presidents to elect a member of the board,
and processes for removal of such member and for the filling of such
position in the event of a vacancy. The first member elected by
community district education council presidents pursuant to such
regulations shall take office on July first, two thousand twenty and
shall serve a term that ends on June thirtieth, two thousand twenty-two.
Thereafter, the member elected by community district education council
presidents shall serve for a two year term commencing on July first.

(2) The chancellor shall serve as an ex-officio non-voting member of
the city board.

(3) The city board shall elect its own chairperson from among its
voting members.

(4) All appointed members shall serve for terms coterminous with the
terms of their appointing authority, provided that any member may be
removed at the pleasure of the appointing authority, who shall provide
written notice to the public explaining the reasons therefor at least
ten days in advance of the removal.

(5) Except for the chancellor, no board members shall be employed in
any capacity by the city of New York, or a subdivision thereof, or the
city board.

(6) No appointed or elected member of the city board shall also be a
member, officer, or employee of any public corporation, authority, or
commission where the mayor of the city of New York has a majority of the
appointments.

(7) Each borough president's appointee shall be a resident of the
borough for which the borough president appointing him or her was
elected and shall be the parent of a child attending a public school
within the city school district of the city of New York.

(8) Each mayoral appointee shall be a resident of the city and two
shall be parents of a child attending a public school within the city
district.

(9) All parent members shall be eligible to continue to serve on the
city board for two years following the conclusion of their child's
attendance at a public school within the city district.

(10) Any vacancy shall be filled by appointment by the appropriate
appointing authority within ninety days of such vacancy.

(11) Notwithstanding any provision of local law, the members of the
board shall not have staff, offices, or vehicles assigned to them or
receive compensation for their services, but shall be reimbursed for the
actual and necessary expenses incurred by them in the performance of
their duties.

(b) The city board shall hold at least one regular public meeting per
month. At least one regular public meeting shall be held in each borough
of the city of New York per year; any additional meetings may be called
at the request of the chairperson. The city board shall consider
appropriate public accommodations when selecting a venue so as to
maximize participation by parents and the community.

(c) (i) Notice of the time, place and agenda for all city board
regular public meetings shall be publicly provided, including via the
city board's official internet web site, and specifically circulated to
all community superintendents, community district education councils,
community boards, and school based management teams, at least ten
business days in advance of such meeting.

(ii) A city board regular public meeting agenda shall be comprised of
a list and brief description of the subject matter being considered,
identification of all items subject to a city board vote, and the name,
office, address, email address and telephone number of a city district
representative, knowledgeable on the agenda, from whom any information
may be obtained and to whom written comments may be submitted concerning
items on such agenda.

(d) The chairperson of the city board shall ensure that at every
regular public meeting there is a sufficient period of time to allow for
public comment on any topic on the agenda prior to any city board vote.

(e) Minutes of all city board regular public meetings shall be made
publicly available, including via the city board's official internet
website, in a timely manner but no later than the subsequent regular
city board meeting.

2. (a) There shall be a community council for each community district
created pursuant to this article.

(b) The city board shall define, adjust, alter, maintain and adopt the
boundaries of the community districts pursuant to this chapter no later
than February first, nineteen hundred ninety-five. There shall be no
less than thirty nor more than thirty-seven community districts.

(c) The city board may readjust or alter the districts in such plan
only once in every ten years, commencing with the year two thousand
four. The city board in conjunction with the chancellor and the
community council representatives, shall prepare and make public a plan
to ensure the smooth transition of pupils and school personnel, creation
of new boards, and allocation of school facilities and resources among
the districts established pursuant to paragraph (b) of this subdivision.
Prior to the adoption of the transition plan, the city board shall hold
one or more public hearings in each borough. The city board shall make
the transition plan available not less than three weeks before the first
such public hearing. Upon receipt of comments, the city board, in
conjunction with the chancellor and the community council
representatives, shall prepare a revised transition plan, if necessary
and make such plan available to the public for comment.

3. (a) The redistricting advisory study group established prior to the
effective date of this paragraph for the purpose of study and making
recommendations on community school district boundaries, is hereby
continued and shall perform the duties required herein.

(b) The study group shall prepare a report containing recommendations
for dividing the city into no more than thirty-seven community
districts.

(c) In preparation of its recommendations for dividing the city into
community districts, the study group shall ensure that the
recommendations provide for the most effective delivery of educational
services and shall be guided by the following criteria:

(1) each community district shall: (i) be a suitable size for
efficient policy-making and economic management; (ii) contain a
reasonable number of pupils; (iii) be compact and contiguous, contained
within county lines, and to the maximum extent possible, keep intact
communities and neighborhoods; and (iv) bear a rational relationship to
geographic areas for which the city of New York plans and provides
services;

(2) to the extent possible, keep existing lines intact;

(3) the common and special education needs of the communities and
school children involved;

(4) effective utilization of existing and planned school facilities;

(5) minimum disruption of existing and planned elementary
school-junior high/middle school-high school feeder patterns;

(6) transportation facilities;

(7) additional administrative costs involved in the creation of such
new districts; and

(8) ensure fair and effective representation of racial and language
groups pursuant to the Voting Rights Act of 1965, as amended;

(9) notwithstanding the provisions of this subparagraph and
subparagraphs one through eight of this paragraph: (i) the residents of
the county of New York in school district ten as it existed prior to the
implementation of this paragraph shall continue to remain in school
district ten as such district is comprised; (ii) the boundaries of
community district thirty-one shall continue to remain as they are
currently comprised; and (iii) no county shall have fewer community
school districts than in existence on the effective date of this
paragraph.

(d) The study group shall hold one or more public hearings in each
borough before final adoption of its recommendations. The study group
shall make its recommendations available to the public for inspection
and comment not less than one month before the first such public
hearing. Following its consideration of the comments received on the
recommendations, the study group shall prepare a report containing its
final recommendations. The study group shall submit its report to the
city board and make such report available to the public for inspection
no later than November first, nineteen hundred ninety-four.

(e) The city board of education shall hold public hearings in each
borough on the recommendations submitted by the study group and may
adopt, revise or reject in whole or in part such recommendations, or,
may request the study group to submit adjusted recommendations. The
final recommendations shall be adopted by the city board of education no
later than February first, nineteen hundred ninety-five to take effect
July first, nineteen hundred ninety-six, provided that such revised
boundaries adopted by the city board pursuant to this chapter shall be
used for purposes of community school board elections to be held on the
first Tuesday in May, nineteen hundred ninety-six.

(f) Provided, however, that the city board may make minor adjustments,
(i) to correct errors that may occur in the district lines adopted by
the city board, or (ii) upon showing a change in circumstances. Any such
limited revisions to community school district lines may occur between
the effective date of this paragraph and the city board readjustment
scheduled in the year two thousand four.

(g) No public hearings required pursuant to this subdivision shall be
held during the months of July and August. All public hearings shall be
held at a time and place designated to maximize community and parent
participation. Notice of all such public hearings shall be provided in a
timely manner to all print and electronic media and shall be widely
distributed to all interested parties, so as to maximize participation
by parents and the community. In addition such notice shall be posted in
each school building and district office.

4. a. There shall be a city-wide council on special education created
pursuant to this section. The city-wide council on special education
shall consist of eleven voting members and one non-voting member, as
follows:

(1) nine voting members who shall be parents of students with
individualized education programs, to be selected by parents of students
with individualized education programs pursuant to a representative
process developed by the chancellor. Such members shall serve a two year
term;

(2) two voting members appointed by the public advocate of the city of
New York, who shall be individuals with extensive experience and
knowledge in the areas of educating, training or employing individuals
with handicapping conditions and will make a significant contribution to
improving special education in the city district. Such members shall
serve a two year term; and

(3) one non-voting member who is a high school senior with an
individualized education program, appointed by the administrator
designated by the chancellor to supervise special education programs.
Such member shall serve a one year term.

b. The city-wide council on special education shall have the power to:

(1) advise and comment on any educational or instructional policy
involving the provision of services for students with disabilities;

(2) advise and comment on the process of establishing committees
and/or subcommittees on special education in community school districts
pursuant to section forty-four hundred two of this chapter;

(3) issue an annual report on the effectiveness of the city district
in providing services to students with disabilities and making
recommendations, as appropriate, on how to improve the efficiency and
delivery of such services; and

(4) hold at least one meeting per month open to the public and during
which the public may discuss issues facing students with disabilities.

c. Vacancies shall be filled for an unexpired term by the city-wide
council on special education, pursuant to a process developed by the
chancellor that shall include consultation with parents of students with
individualized educational programs; provided however, that where a
vacancy occurs in a position appointed by the public advocate, the
public advocate shall appoint a member to serve the remainder of the
unexpired term.

5. (a) There shall be a city-wide council on English language learners
created pursuant to this section. The city-wide council on English
language learners shall consist of eleven voting members and one
non-voting member, as follows:

(i) nine voting members who shall be parents of students who are in a
bilingual or English as a second language program conducted pursuant to
section thirty-two hundred four of this chapter, some of whom may be
parents of students who have been in such a program within the preceding
two years, to be selected by parents of students who receive such
services pursuant to a representative process developed by the
chancellor. Such members shall serve a two year term;

(ii) two voting members appointed by the public advocate of the city
of New York, who shall be individuals with extensive experience and
knowledge in the education of English language learners and will make a
significant contribution to improving bilingual and English as a second
language programs in the city district. Such members shall serve a two
year term; and

(iii) one non-voting member who is a high school senior who is or has
been in a bilingual or English as a second language program, appointed
by the administrator designated by the chancellor to supervise such
programs. Such member shall serve a one year term.

(b) The city-wide council on English language learners shall have the
power to:

(i) advise and comment on any educational or instructional policy
involving bilingual or English as a second language programs;

(ii) issue an annual report on the effectiveness of the city district
in providing services to English language learners and making
recommendations, as appropriate, on how to improve the efficiency and
delivery of such services; and

(iii) hold at least one meeting per month open to the public and
during which the public may discuss issues facing English language
learners.

(c) Vacancies shall be filled for an unexpired term by the city-wide
council on English language learners, pursuant to a process developed by
the chancellor that shall include consultation with parents of students
who receive services for English language learners; provided however,
that where a vacancy occurs in a position appointed by the public
advocate, the public advocate shall appoint a member to serve the
remainder of the unexpired term.

6. (a) There shall be a city-wide council on high schools created
pursuant to this section. The city-wide council on high schools shall
consist of thirteen voting members and one non-voting member, as
follows:

(i) ten voting members who shall be parents of students attending
public high schools. For councils whose terms begin prior to two
thousand twenty, two members representing each borough shall be selected
by presidents and officers of the parents' associations or
parent-teachers' associations in the relevant borough, pursuant to a
process established by the chancellor. For councils whose terms begin in
two thousand twenty-one and thereafter, two members representing each
borough shall be parents of public high school students in the relevant
borough, pursuant to a process established by the chancellor. Such
members shall serve a two year term, and shall be eligible to continue
serving their term following the conclusion of their child's attendance
at a public high school;

(ii) one voting member who shall be a parent of a high school student
with an individualized education program. Such member shall be appointed
by the city-wide council on special education, and shall serve a two
year term;

(iii) one voting member who shall be a parent of a student in a
bilingual or English as a second language program conducted in a public
high school. Such member shall be appointed by the city-wide council on
English language learners, and shall serve a two year term;

(iv) one voting member appointed by the public advocate of the city of
New York, who shall be a resident of the city and shall have extensive
business, trade, or education experience and knowledge who will make a
significant contribution to improving education in the city district.
Such member shall serve for a term of two years; and

(v) one non-voting member who is a public high school senior,
appointed by the chancellor pursuant to a process developed by the
chancellor. Such member shall serve a one year term.

Officers of parents' associations or parent-teachers' associations who
are candidates in the selection process established by the chancellor
pursuant to this subdivision shall not be eligible to cast votes in such
selection process. The association shall elect a member to vote in the
place of each such officer for purposes of the selection process.

(b) The city-wide council on high schools shall have the power to:

(i) advise and comment on any educational or instructional policy
involving high schools;

(ii) issue an annual report on the effectiveness of the city district
in providing services to high school students and making
recommendations, as appropriate, on how to improve the efficiency and
delivery of such services; and

(iii) hold at least one meeting per month open to the public and
during which the public may discuss issues facing high schools.

(c) Vacancies shall be filled for an unexpired term by the city-wide
council on high schools, pursuant to a process developed by the
chancellor that shall include consultation with parents of students
attending public high school; provided, however, that where a vacancy
occurs in a position appointed by the public advocate, the public
advocate shall appoint a member to serve the remainder of the unexpired
term.

7. (a) Members of the city-wide councils established pursuant to this
section shall not be paid a salary or stipend, but shall be reimbursed
for all actual and necessary expenses directly related to the duties and
responsibilities of the city-wide council on which they serve.

(b) Each such city-wide council may appoint a secretary, pursuant to
the policies of the city board, who shall perform the following
functions:

(i) prepare meeting notices, agendas and minutes;

(ii) record and maintain accounts of proceedings and meetings; and

(iii) prepare briefing materials and other related informational
materials for such meetings.

Each city-wide council shall be responsible for the appointment,
supervision, evaluation and discharge of the secretary.

(c) No person may serve at the same time on more than one city-wide
council established pursuant to this section, nor may any person serve
at the same time on such a city-wide council and any community district
education council.

(d) A member of a city-wide council established pursuant to this
section shall be ineligible to be employed by any such council, any
community district education council, or the city board.

(e) No person shall be eligible for membership on a city-wide council
established pursuant to this section if he or she holds any elective
public office or any elective or appointed party position except that of
delegate or alternate delegate to a national, state, judicial or other
party convention, or member of a county committee.

(f) A person may be permanently ineligible for appointment to a
city-wide council for any of the following:

(i) an act of malfeasance directly related to his or her service on
such city-wide council or community district education council; or

(ii) conviction of a crime, provided that any such conviction shall be
considered in accordance with article twenty-three-A of the correction
law.

(g) In addition to the conditions enumerated in the public officers
law creating a vacancy, a member of a city-wide council established
pursuant to this section who refuses or neglects to attend three
meetings of such city-wide council of which he or she is duly notified,
without rendering in writing a good and valid excuse therefor vacates
his or her office by refusal to serve. Each absence and any written
excuse rendered shall be included within the official written minutes of
such meeting. After the third unexcused absence such city-wide council
shall declare a vacancy to the chancellor.

* NB Effective until June 30, 2022

* § 2590-b. Continuation of city board and establishment of community
districts. 1. (a) The board of education of the city school district of
the city of New York is hereby continued. Such board of education shall
consist of seven members, a member to be appointed by each borough
president of the city of New York and two by the mayor. Each borough
president appointee shall be a resident of the borough for which the
borough president appointing him was elected. Two members at large shall
be appointed by the mayor of the city of New York. Each mayoral
appointee shall be a resident of such city. The term of office of each
member shall be four years, commencing the first day of July, nineteen
hundred seventy-four and every four years thereafter. A vacancy
occurring other than by expiration of term of a member appointed by a
borough president shall be filled for the unexpired term by appointment
by the appropriate borough president of a person who is a resident of
such borough. The mayor shall fill vacancies for an unexpired term of
any of his appointees. The president of the board shall be chosen by the
members. Notwithstanding any provision of local law, the members of the
board shall receive compensation for their services as follows: $20,000
for the board president and $15,000 for each board member and shall be
reimbursed for the actual and necessary expenses incurred by them in the
performance of their duties.

(b) The members to be appointed by the borough presidents shall be
appointed not earlier than April first, nineteen hundred seventy-four
and not later than June first, nineteen hundred seventy-four and their
successors thereafter.

The mayor of the city of New York shall appoint two members not
earlier than April first, nineteen hundred seventy-four and not later
than June first, nineteen hundred seventy-four and their successors
thereafter.

2. (a) There shall be a community board for each community district
created pursuant to this article.

(b) The city board shall define adjust, alter, maintain and adopt the
boundaries of the community districts pursuant to this chapter no later
than February first, nineteen hundred ninety-five. There shall be no
less than thirty nor more than thirty-seven community districts.

(c) The city board may readjust or alter the districts in such plan
only once in every ten years, commencing with the year two thousand
four. The city board in conjunction with the chancellor and the
community school boards council, shall prepare and make public a plan to
ensure the smooth transition of pupils and school personnel, creation of
new boards, and allocation of school facilities and resources among the
districts established pursuant to paragraph (b) of this subdivision.
Prior to the adoption of the transition plan, the city board shall hold
one or more public hearings in each borough. The city board shall make
the transition plan available not less than three weeks before the first
such public hearing. Upon receipt of comments, the city board, in
conjunction with the chancellor and the community school boards council,
shall prepare a revised transition plan, if necessary and make such plan
available to the public for comment. A final transition plan shall be
adopted by the city board by November fifteenth, nineteen hundred
ninety-five.

3. (a) The redistricting advisory study group established prior to the
effective date of this paragraph for the purpose of study and making
recommendations on community school district boundaries, is hereby
continued and shall perform the duties required herein.

(b) The study group shall prepare a report containing recommendations
for dividing the city into no more than thirty-seven community
districts.

(c) In preparation of its recommendations for dividing the city into
community districts, the study group shall ensure that the
recommendations provide for the most effective delivery of educational
services and shall be guided by the following criteria:

(1) each community district shall: (i) be a suitable size for
efficient policy-making and economic management; (ii) contain a
reasonable number of pupils; (iii) be compact and contiguous, contained
within county lines, and to the maximum extent possible, keep intact
communities and neighborhoods; and (iv) bear a rational relationship to
geographic areas for which the city of New York plans and provides
services;

(2) to the extent possible, keep existing lines intact;

(3) the common and special education needs of the communities and
school children involved;

(4) effective utilization of existing and planned school facilities;

(5) minimum disruption of existing and planned elementary
school-junior high/middle school-high school feeder patterns;

(6) transportation facilities;

(7) additional administrative costs involved in the creation of such
new districts; and

(8) ensure fair and effective representation of racial and language
groups pursuant to the Voting Rights Act of 1965, as amended;

(9) notwithstanding the provisions of this subparagraph and
subparagraphs one through eight of this paragraph: (i) the residents of
the county of New York in school district ten as it existed prior to the
implementation of this paragraph shall continue to remain in school
district ten as such district is comprised; (ii) the boundaries of
community district thirty-one shall continue to remain as they are
currently comprised; and (iii) no county shall have fewer community
school districts than in existence on the effective date of this
paragraph.

(d) The study group shall hold one or more public hearings in each
borough before final adoption of its recommendations. The study group
shall make its recommendations available to the public for inspection
and comment not less than one month before the first such public
hearing. Following its consideration of the comments received on the
recommendations, the study group shall prepare a report containing its
final recommendations. The study group shall submit its report to the
city board and make such report available to the public for inspection
no later than November first, nineteen hundred ninety-four.

(e) The city board of education shall hold public hearings in each
borough on the recommendations submitted by the study group and may
adopt, revise or reject in whole or in part such recommendations, or,
may request the study group to submit adjusted recommendations. The
final recommendations shall be adopted by the city board of education no
later than February first, nineteen hundred ninety-five to take effect
July first, nineteen hundred ninety-six, provided that such revised
boundaries adopted by the city board pursuant to this chapter shall be
used for purposes of community school board elections to be held on the
first Tuesday in May, nineteen hundred ninety-six.

(f) Provided, however, that the city board may make minor adjustments,
(i) to correct errors that may occur in the district lines adopted by
the city board, or (ii) upon showing a change in circumstances. Any such
limited revisions to community school district lines may occur between
the effective date of this paragraph and the city board readjustment
scheduled in the year two thousand four.

(g) No public hearings required pursuant to this subdivision shall be
held during the months of July and August. All public hearings shall be
held at a time and place designated to maximize community and parent
participation. Notice of all such public hearings shall be provided in a
timely manner to all print and electronic media and shall be widely
distributed to all interested parties, so as to maximize participation
by parents and the community. In addition such notice shall be posted in
each school building and district office.

* NB Effective June 30, 2022