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SECTION 2590-E
Powers and duties of community district education council
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52-A
* § 2590-e. Powers and duties of community district education council.
Each community council shall have the following powers and duties to
establish educational policies and objectives, not inconsistent with the
provisions of this article and the policies established by the city
board, with respect to all pre-kindergarten, nursery, kindergarten,
elementary, intermediate and junior high schools and programs in
connection therewith in the community district. The community councils
shall have no executive or administrative powers or functions, but shall
have the following powers and duties:

3. promote achievement of educational standards and objectives
relating to the instruction of students.

4. cooperate as required by the chancellor in the removal from office
pursuant to section twenty-five hundred ninety-l of this article of any
community council member for willful, intentional or knowing involvement
in the hiring, appointment or assignment of employees other than as
specifically authorized in this article.

5. a. require community council members, the community superintendent,
and any other officer or employee in schools and programs under the
jurisdiction of the community councils, to make annual written
disclosure, in accordance with regulations and bylaws of the city board
developed in consultation with the community councils, to the community
council and the city board, of the following information:

(1) the employment by the city school board or any community council
of any person related within the third degree of consanguinity or
affinity to the person making disclosure, including the employment of
any such person for which a two-thirds vote was required under paragraph
e of subdivision four of section twenty-five hundred ninety-j of this
chapter with a notation of the date such vote was taken.

(2) the source of any income, reimbursement, gift or other form of
compensation for services rendered together with a description of such
services.

(3) the source of any financial contribution made within the year
preceding the election or the term of office of a community district
education council member to assist in the election or reelection of such
member of the community council, and the amount of such contribution,
consistent with any applicable regulations of the city board and the
board of elections.

b. willful or repeated failure to make full and timely disclosure
shall constitute cause for removal from office of any member of a
community council or for any other officer or employee disciplinary
action and such other penalty as provided by law.

c. all written disclosures required hereunder shall be filed with the
community council and the city board and shall be available for public
inspection during regular business hours on regular business days.

6. require community council members, candidates for community
district education councils, the community superintendent and, for good
cause shown, any other officer or employee in schools and programs under
the jurisdiction of the community councils to submit to the city board
and the community councils, in accordance with regulations and bylaws of
the city board developed in consultation with the community councils,
financial reports for themselves and their spouses.

a. the frequency and period of coverage, the designation of persons to
submit such reports by name, title or income level or by a combination
thereof, and the content of such reports, including minimum dollar
amounts, shall be determined by the city board.

b. willful or repeated failure to file required financial reports or
make other required disclosures shall constitute cause for removal from
office of any member of a community council or for any other officer or
employee disciplinary action and such other penalty as provided by law.
No person may assume office as a community council member without
previously complying with this subdivision, subdivision five of this
section, and with all applicable financial disclosure requirements
promulgated by the board of elections.

7. participate in training and continuing education programs pursuant
to the provisions of this subdivision.

(1) Community district education council members shall participate in
training to acquaint them with the powers, functions and duties of
community council members, as well as the powers of other governing and
administering authorities that affect education including the powers of
the commissioner, city board, chancellor and community superintendents.
Such participation shall be completed no later than three months from
the date in which a community council member takes office for the first
time.

(2) Each community district education council member shall be required
to participate in continuing education programs on an annual basis as
defined by the chancellor. Participation in training pursuant to
paragraph one of this subdivision by a community district education
council member who takes office for the first time shall be deemed to
satisfy the requirements of this subdivision for the first year of such
member's term.

(3) such training and continuing education programs shall be approved
by the chancellor, following consultation with the commissioner, and may
be provided by the state education department, the city board, the
chancellor or a nonprofit provider authorized by the chancellor to
provide such training and continuing education programs.

(4) the chancellor is authorized to promulgate regulations regarding
providers and their certification, the content and implementation of the
training and continuing education programs. Any such regulations shall
be developed after consultation with the commissioner.

(5) such training and continuing education programs shall be offered
on an annual basis or more frequently, as needed, to enable community
council members to comply with this subdivision.

(6) failure of community council members to comply with the training
and continuing education requirements mandated by this subdivision shall
constitute cause for removal from office pursuant to section twenty-five
hundred ninety-1 of this article.

8. Each year prepare a school district report card pursuant to
regulations of the commissioner, and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to copies of the proposed budget made publicly available as required by
law, making it available for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance of the school
district, on a school by school basis, and measures of the fiscal
performance of the district, as prescribed by the commissioner. Pursuant
to regulations of the commissioner, the report card shall also compare
these measures to statewide averages for all public schools, and
statewide averages for public schools of comparable wealth and need,
developed by the commissioner. Such report card shall include, at a
minimum, any information on the school district regarding pupil
performance and expenditure per pupil required to be included in the
annual report by the requests to the governor and the legislature
pursuant to section two hundred fifteen-a of this chapter; and any other
information required by the commissioner. School districts (i)
identified as having fifteen percent or more of their students in
special education, or (ii) which have fifty percent or more of their
students with disabilities in special education programs or services
sixty percent or more of the school day in a general education building,
or (iii) which have eight percent or more of their students with
disabilities in special education programs in public or private separate
educational settings shall indicate on their school district report card
their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.

9. Subject to paragraph (o) of subdivision one of section twenty-five
hundred ninety-f of this article, to employ or retain counsel subject to
the powers and duties of the corporation counsel of the city of New York
to be the district's attorney and counsel pursuant to subdivision a of
section three hundred ninety-four of the New York city charter in
actions or proceedings in which the council or any member thereof is a
defendant or a respondent.

10. Where the district has provided transportation to students
enrolled in such district to a school sponsored field trip,
extracurricular activity or any other similar event, it shall 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 circumstances 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 (a) contacted and informed of the
intervening circumstances which make such transportation impractical and
(b) such student had been delivered to his or her parent or legal
guardian.

11. Approve zoning lines, as submitted by the superintendent,
consistent with the regulations of the chancellor, applicable to schools
under the jurisdiction of the community district.

12. Hold meetings at least every month with the superintendent to
discuss the current state of the schools in the district and progress
made toward the implementation of the district's comprehensive education
plan required by the chancellor.

13. Review of the district's educational programs and assess their
effect on student achievement.

14. Hold public meetings at least every month with the superintendent
during which the public may speak so that parents and the community have
a voice and a public forum to air their concerns.

15. Submit an annual evaluation of the superintendent to the
chancellor.

16. Submit an annual evaluation consistent with procedures which shall
be developed by the chancellor of all other instructional supervisory
personnel who have responsibility for more than one school within the
district.

17. Hold a public hearing on the district's annual capacity plans,
recommended by the superintendent and based on data from the chancellor
on enrollment/utilization for each school within the district and submit
such plan, upon approval by the community council, to the chancellor for
his or her approval and implementation.

18. Provide input, as it deems necessary, to the chancellor and the
city board on matters of concern to the district.

19. Liaison with school leadership teams as may be necessary and
provide assistance to the school leadership teams where possible.

20. Consult on the selection of a community superintendent pursuant to
subdivision thirty of section twenty-five hundred ninety-h of this
article. Such consultation shall include an opportunity for the
community council to meet with the final candidate or candidates the
chancellor is considering appointing and to provide feedback to the
chancellor prior to the appointment being made.

21. Hold a joint public hearing with the chancellor or deputy
chancellor, or in the case of a proposed significant change in school
utilization the chancellor or his or her designee, and the impacted
school based management team regarding any proposed school closing or
significant change in school utilization, including the phase-out, grade
reconfiguration, re-siting, or co-location of schools, of any public
school located within the community district pursuant to subdivision
two-a of section twenty-five hundred ninety-h of this article. Following
such hearing, the community council may pass a resolution on whether to
recommend or not recommend to the city board the proposed school closing
or significant change in school utilization, and shall transmit it to
the city board for its consideration at least seven days in advance of
any city board vote on such item pursuant to section twenty-five hundred
ninety-g of this article, provided that the receipt of such resolution
from the community council shall not be a precondition for the city
board to act on the matter.

* NB Effective until June 30, 2022

* § 2590-e. Powers and duties of community boards. Each community
board shall have the following powers and duties to establish
educational policies and objectives, not inconsistent with the
provisions of this article and the policies established by the city
board, with respect to all pre-kindergarten, nursery, kindergarten,
elementary, intermediate and junior high schools and programs in
connection therewith in the community district. The community boards
shall have no executive or administrative powers or functions, but shall
have the following powers and duties:

1. employ a community superintendent, selected by the chancellor, by
contract for a term not to exceed by more than one year the term of
office of the community school board authorizing such contract, subject
to removal for cause, at a salary to be fixed within the budgetary
allocation therefor, subject to the provisions of subdivision two of
section twenty-five hundred ninety-j of this article. Consistent with
procedures of the chancellor establishing a publicly inclusive process
for the recruitment, screening and selection of superintendent
candidates, and regulations establishing educational, managerial, and
administrative qualifications and performance record criteria for such
position, the community board shall select no more than four final
candidates for superintendent from candidates for appointment, who shall
have been interviewed and screened by and with the assistance of
parents, teachers, representatives of school support personnel, and
administrators, and forward such names, to the chancellor for selection
together with the reasons for the recommendation of such candidates. If
the chancellor should reject all the candidates for written reasons
within thirty days after the receipt of the proposed names, the
community board shall make another selection of no more than four new
names consistent with such procedures and regulations, until the
chancellor selects a candidate. The contract of employment shall be
consistent with a model contract promulgated by the chancellor which
shall include provisions for reappointment.

3. promote achievement of educational standards and objectives
relating to the instruction of students.

4. cooperate as required by the chancellor in the removal from office
pursuant to section twenty-five hundred ninety-l of this article of any
community board member for willful, intentional or knowing involvement
in the hiring, appointment or assignment of employees other than as
specifically authorized in this article.

5. a. require community board members, the community superintendent,
and any other officer or employee in schools and programs under the
jurisdiction of the community boards, to make annual written disclosure,
in accordance with regulations and bylaws of the city board developed in
consultation with the community boards, to the community board and the
city board, of the following information:

(1) the employment by the city school board or any community board of
any person related within the third degree of consanguinity or affinity
to the person making disclosure, including the employment of any such
person for which a two-thirds vote was required under paragraph e of
subdivision four of section twenty-five hundred ninety-j of this chapter
with a notation of the date such vote was taken.

(2) the source of any income, reimbursement, gift or other form of
compensation for services rendered together with a description of such
services.

(3) the source of any financial contribution made within the year
preceding the election or the term of office of a community board member
to assist in the election or reelection of such member of the community
board, and the amount of such contribution, consistent with any
applicable regulations of the city board and the board of elections.

b. willful or repeated failure to make full and timely disclosure
shall constitute cause for removal from office of any member of a
community board or for any other officer or employee disciplinary action
and such other penalty as provided by law.

c. all written disclosures required hereunder shall be filed with the
community board and the city board and shall be available for public
inspection during regular business hours on regular business days.

6. require community board members, candidates for community boards,
the community superintendent and, for good cause shown, any other
officer or employee in schools and programs under the jurisdiction of
the community boards to submit to the city board and the community
boards, in accordance with regulations and bylaws of the city board
developed in consultation with the community boards, financial reports
for themselves and their spouses, provided that in the case of community
board members and candidates for community boards the statement of
financial disclosure and the frequency with which it must be filed must
satisfy at least the requirements and standards for disclosure of
section seventy-three-a of the public officers law.

a. the frequency and period of coverage, the designation of persons to
submit such reports by name, title or income level or by a combination
thereof, and the content of such reports, including minimum dollar
amounts, shall be determined by the city board.

b. willful or repeated failure to file required financial reports or
make other required disclosures shall constitute cause for removal from
office of any member of a community board or for any other officer or
employee disciplinary action and such other penalty as provided by law.
No person may assume office as a community board member without
previously complying with this subdivision, subdivision five of this
section, and with all applicable financial disclosure requirements
promulgated by the board of elections.

7. participate in training and continuing education programs pursuant
to the provisions of this subdivision.

(1) Community board members shall participate in training to acquaint
them with the powers, functions and duties of community board members,
as well as the powers of other governing and administering authorities
that affect education including the powers of the commissioner, city
board, chancellor and community superintendents. Such participation
shall be completed no later than six months from the date in which a
community board member takes office for the first time.

(2) Each community board member shall be required to participate in
continuing education programs on an annual basis as defined by the
chancellor. Participation in training pursuant to paragraph one of this
subdivision by a community board member who takes office for the first
time shall be deemed to satisfy the requirements of this subdivision for
the first year of such member's term.

(3) such training and continuing education programs shall be approved
by the chancellor, following consultation with the commissioner, and may
be provided by the state education department, the city board, the
chancellor or a nonprofit provider authorized by the chancellor to
provide such training and continuing education programs.

(4) the chancellor is authorized to promulgate regulations regarding
providers and their certification, the content and implementation of the
training and continuing education programs. Any such regulations shall
be developed after consultation with the commissioner.

(5) such training and continuing education programs shall be offered
on an annual basis or more frequently, as needed, to enable community
board members to comply with this subdivision.

(6) failure of community board members to comply with the training and
continuing education requirements mandated by this subdivision shall
constitute cause for removal from office pursuant to section twenty-five
hundred ninety-1 of this article.

8. Each year prepare a school district report card pursuant to
regulations of the commissioner, and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to copies of the proposed budget made publicly available as required by
law, making it available for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance of the school
district, on a school by school basis, and measures of the fiscal
performance of the district, as prescribed by the commissioner. Pursuant
to regulations of the commissioner, the report card shall also compare
these measures to statewide averages for all public schools, and
statewide averages for public schools of comparable wealth and need,
developed by the commissioner. Such report card shall include, at a
minimum, any information on the school district regarding pupil
performance and expenditure per pupil required to be included in the
annual report by the requests to the governor and the legislature
pursuant to section two hundred fifteen-a of this chapter; and any other
information required by the commissioner. School districts (i)
identified as having fifteen percent or more of their students in
special education, or (ii) which have fifty percent or more of their
students with disabilities in special education programs or services
sixty percent or more of the school day in a general education building,
or (iii) which have eight percent or more of their students with
disabilities in special education programs in public or private separate
educational settings shall indicate on their school district report card
their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.

9. Subject to paragraph (o) of subdivision one of section twenty-five
hundred ninety-f of this article, to employ or retain counsel subject to
the powers and duties of the corporation counsel of the city of New York
to be the district's attorney and counsel pursuant to subdivision a of
section three hundred ninety-four of the New York city charter in
actions or proceedings in which the board or any member thereof is a
defendant or a respondent.

10. Where the district has provided transportation to students
enrolled in such district to a school sponsored field trip,
extracurricular activity or any other similar event, it shall 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 circumstances 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 (a) contacted and informed of the
intervening circumstances which make such transportation impractical and
(b) such student had been delivered to his or her parent or legal
guardian.

* NB Effective June 30, 2022