1. The Laws of New York
  2. Consolidated Laws
  3. Education
  4. Title 2: School District Organization
  5. Article 52-A: New York City Community School District System


Section 2590-B Continuation of city board and establishment of community districts; establishment of the city-wide councils on special education, Englis...

Education (EDN)

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