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SECTION 2590-F
Community superintendents
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52-A
* § 2590-f. Community superintendents. 1. Subject in every case to
powers devolved to principals and schools consistent with this article,
the community superintendent shall have the following powers and duties
as superintendent of schools for the community district, which shall be
exercised in a manner to ensure the implementation of all provisions of
law, rules and regulations relating to the management of the schools and
the delivery of instructional services:

(a) to assist district schools in obtaining waivers from state,
federal and city board regulations where appropriate to promote student
achievement and school performance.

(b) to delegate any of her or his powers and duties to such
subordinate officers or employees of her or his community district as
she or he deems appropriate, at his or her sole discretion, and to
modify or rescind any power and duty so delegated.

(c) except for the appointment of supervisors pursuant to paragraph
(d) of this subdivision, to appoint, define the duties of, assign,
promote and discharge all employees, including teacher-aides, of the
community district, and fix their compensation and terms of employment
within amounts appropriated therefor and not inconsistent with the
provisions of this article and any collective bargaining agreement.

(d) to appoint supervisory personnel from candidates screened by a
screening committee consistent with regulations of the chancellor
establishing a process that promotes parental and staff involvement in
the recruitment, screening, interviewing and recommendation of
candidates and consistent with qualifications established through
chancellor's regulations.

(e) to appoint or reject the principal and assistant principal
candidates screened by screening committees, consistent with regulations
of the chancellor establishing a process that promotes parental and
staff involvement in the recruitment, screening, interviewing and
recommendation of candidates, and after consulting with members of the
school based management team. Candidates must meet the requirements of
regulations of the chancellor establishing educational, managerial, and
administrative qualifications, including evaluation of each candidate's
record of performance in comparable positions and shall be subject to
the chancellor's power to reject such appointments pursuant to section
twenty-five hundred ninety-h of this article.

(f) to supervise and evaluate, at least annually, the performance of
principals for every school in the district with respect to educational
effectiveness and school performance, including effectiveness of
promoting student achievement and parental involvement, developing an
effective shared decision-making relationship with the school based
management team, and maintaining school discipline; the community
superintendent shall have access to all school records that he or she
deems necessary and shall consider comments contained within an
assessment made by the school based management team, pursuant to
subparagraph (vii) of paragraph (b-1) of subdivision fifteen of section
twenty-five hundred ninety-h of this article, when carrying out such
evaluations.

(g) the authority to transfer or remove principals for persistent
educational failure, conflicts of interest, and ethics violations, and
to require principals to participate in training and other remedial
programs to address identified factors affecting student achievement and
school performance, consistent with sections twenty-five hundred
ninety-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l
of this article.

(h) to review, modify and approve school-based budgets proposed by the
school, pursuant to section twenty-five hundred ninety-r of this
article, provided however, that the community superintendent shall only
approve a school-based budget proposal after certifying that it is
sufficiently aligned with its corresponding school's comprehensive
educational plan. The community superintendent shall prescribe the form
and manner in which principals must submit written justification to
demonstrate that the proposed school-based budget is aligned with the
school's comprehensive educational plan, and shall also include a
provision allowing for the school based management team to respond to
such justification. The community superintendent shall consider the
principal's written justification, along with any response provided by
the school based management team, prior to making such certification.

(h-1) to establish a process that allows for school based management
team members, other than the principal, to dispute any decision made by
the principal where such team members reach a consensus that the
decision is inconsistent with the goals and policies set forth in their
school's existing comprehensive educational plan. The community
superintendent shall provide a written response to the school based
management team and the principal that includes the information reviewed
and the basis for the community superintendent's decision regarding such
dispute.

(i) to retain one or more district fiscal officers to monitor and
report on schools' expenditures pursuant to the school-based budgets.

(j) within the amounts appropriated therefor to administer district
minor repair and purchasing funds, and make them available to schools
consistent with sections twenty-five hundred ninety-i, twenty-five
hundred ninety-r, and subdivisions thirty-six and thirty-seven of
section twenty-five hundred ninety-h of this article, for services and
supplies provided by the chancellor, the community superintendent, or
purchased by the schools, and to provide for minor repairs to all school
buildings and other buildings and sites under the district's
jurisdiction.

(k) subject to subdivision three of section twenty-five hundred
ninety-e of this article and this section, to approve or disapprove
matters relating to the instruction of students, including the power to
disapprove school choices with respect to selection of textbooks and
other instructional materials.

(l) (1) to provide assistance and direct support to parents in
accessing information, addressing concerns and responding to complaints
relating to their child's education that cannot be resolved at the
school level.

(2) to operate administrative offices and similar facilities,
including social centers, and recreational and extracurricular programs,
under the district's jurisdiction, and the duty to support the operation
of school facilities. The community superintendent shall establish a
central office within the district and hire and supervise sufficient
staff to directly interact with parents, respond to information
requests, receive input and comments, assist the community
superintendent in resolving complaints in a timely manner, and work to
develop a cooperative relationship with parents and the school
community.

(m) subject to regulations or resolutions of the city board, to
operate cafeteria or restaurant services for pupils and teachers and for
the use by the community for school related functions and activities and
to furnish meals to the elderly, 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.

(n) to maintain discipline in the educational and other facilities
under the jurisdiction of the district, including the duty to assist the
schools in maintaining discipline.

(o) 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; provided, however, that in
actions or proceedings between community districts or between a
community district and the city board, each community district may be
represented by its own counsel.

(p) in compliance with rules and regulations of the commissioner,
promulgated pursuant to section one hundred one-a of this chapter, to
give written notice to the family court pursuant to subdivision three of
section seven hundred fifty-eight-a and subdivision three of section
353.6 of the family court act of the desire of any school under the
jurisdiction of the community district to act in the supervision of
certain juveniles while performing services for the public good.

(q) to take all necessary steps to ensure the integrity of community
district operations, consistent with standards, policies, objectives,
and regulations of the city district.

(r) where so authorized by the chancellor, to exercise the
chancellor's powers under subdivision thirty-one of section twenty-five
hundred ninety-h of this article.

(s) to provide written notice and other related information described
in subdivision forty-eight of section twenty-five hundred ninety-h of
this article to every parent of a child, including a child with a
disability, attending a school under the jurisdiction of his or her
community district education council as directed by the chancellor.

(t) notwithstanding any provisions of law to the contrary, to exercise
all of the duties and responsibilities of the employing board as set
forth in section three thousand twenty-a of this chapter pursuant to a
delegation of the chancellor under section twenty-five hundred ninety-h
of this article.

(u) to provide relevant data to the community district education
council to encourage informed and adequate public discussion on student
achievement and the state of each school within the district.

(v) to hold at least two public forums within the district, during
each school year, for the purpose of reporting on the district's
performance, including progress made toward achieving the district
comprehensive educational plan goals, discussing plans for improvement,
and receiving parental and community comments and concerns; the
community superintendent shall ensure that notice for the public forums
is posted in a manner to maximize the participation of parents, students
and school personnel and is specifically circulated to members of the
school based management teams, community district education council and
the relevant community boards.

(w) to provide notice of any proposed school closing or significant
change in school utilization, including the phase-out, grade
reconfiguration, re-siting, or co-location of schools, for any public
school within the community district to all impacted parents, including
information as to where a copy of the educational impact statement, or
revised educational impact statement if applicable, may be obtained and
the date of any hearing on such school closure or significant change in
school utilization pursuant to subdivision two-a of section twenty-five
hundred ninety-h of this article.

2. In exercising such powers and duties each community superintendent
shall comply with all applicable provisions of law, by-laws, rules or
regulations, directives or agreements of the chancellor and his or her
community district education council and with the city-wide educational
policies established by the city board and his or her community district
education council, including performance standards addressed to
administration and educational effectiveness, and any requirements for
continuing training and education, embodied in standards, circulars or
regulations promulgated by the chancellor provided however, that the
chancellor shall ensure that community superintendents are assigned to
tasks predominantly within their own community districts and that in no
event shall community superintendents be assigned any task which would
impair their ability to exercise the powers and duties enumerated within
this section, such as responding to parental comments and concerns,
appointing and evaluating principals, approving school-based budgets,
overseeing educational instruction, providing access to information and
assisting with resolving complaints.

3. No person who has served as a member of a community district
education council may be employed by that board or the community
superintendent of that district within a period of three years after the
termination of such service unless such person qualifies for the
position pursuant to a competitive examination and applicable provisions
of the civil service law.

* NB Effective until June 30, 2022

* § 2590-f. Community superintendents. 1. Subject in every case to
powers devolved to principals and schools consistent with this article,
the superintendent shall have the following powers and duties:

(a) to assist district schools in obtaining waivers from state,
federal and city board regulations where appropriate to promote student
achievement and school performance.

(b) to delegate any of her or his powers and duties to such
subordinate officers or employees of her or his community district as
she or he deems appropriate and to modify or rescind any power and duty
so delegated.

(c) except for the appointment of supervisors pursuant to paragraph
(d) of this subdivision, to appoint, define the duties of, assign,
promote and discharge all employees, including teacher-aides, of the
community district, and fix their compensation and terms of employment
within amounts appropriated therefor and not inconsistent with the
provisions of this article and any collective bargaining agreement.

(d) to appoint supervisory personnel from candidates screened by a
committee including parents, teachers, and school support personnel, who
shall be selected and shall operate in a manner prescribed by
chancellor's regulations.

(e) to appoint or reject the principal candidates screened by
screening committees, in accordance with procedures and criteria
prescribed by chancellor's regulations, and subject to the chancellor's
power to reject such appointments pursuant to section twenty-five
hundred ninety-h of this article.

(f) to evaluate, at least annually, the performance of principals for
every school in the district with respect to educational effectiveness
and school performance, including effectiveness of promoting student
achievement and parental involvement, and maintaining school discipline.

(g) the authority to transfer or remove principals for persistent
educational failure, conflicts of interest, and ethics violations, and
to require principals to participate in training and other remedial
programs to address identified factors affecting student achievement and
school performance, consistent with sections twenty-five hundred
ninety-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l
of this article.

(h) to review, modify and approve school-based budgets proposed by the
school, pursuant to section twenty-five hundred ninety-r of this
article.

(i) to retain one or more district fiscal officers to monitor and
report on schools' expenditures pursuant to the school-based budgets.

(j) within the amounts appropriated therefor to administer district
minor repair and purchasing funds, and make them available to schools
consistent with sections twenty-five hundred ninety-i, twenty-five
hundred ninety-r, and subdivisions thirty-six and thirty-seven of
section twenty-five hundred ninety-h of this article, for services and
supplies provided by the chancellor, the superintendent, or purchased by
the schools, and to provide for minor repairs to all school buildings
and other buildings and sites under the district's jurisdiction.

(k) subject to subdivision three of section twenty-five hundred
ninety-e of this article and this section, to approve or disapprove
matters relating to the instruction of students, including the power to
disapprove school choices with respect to selection of textbooks and
other instructional materials.

(l) to operate administrative offices and similar facilities,
including social centers, and recreational and extracurricular programs,
under the district's jurisdiction, and the duty to support the operation
of school facilities.

(m) subject to regulations or resolutions of the city board, to
operate cafeteria or restaurant services for pupils and teachers and for
the use by the community for school related functions and activities and
to furnish meals to the elderly, 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.

(n) to maintain discipline in the educational and other facilities
under the jurisdiction of the district, including the duty to assist the
schools in maintaining discipline.

(o) 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; provided, however, that in
actions or proceedings between community districts or between a
community district and the city board, each community district may be
represented by its own counsel.

(p) in compliance with rules and regulations of the commissioner,
promulgated pursuant to section one hundred one-a of this chapter, to
give written notice to the family court pursuant to subdivision three of
section seven hundred fifty-eight-a and subdivision three of section
353.6 of the family court act of the desire of any school under the
jurisdiction of the community district to act in the supervision of
certain juveniles while performing services for the public good.

(q) to take all necessary steps to ensure the integrity of community
district operations, consistent with regulations promulgated by the
chancellor and the city board.

(r) where so authorized by the chancellor, to exercise the
chancellor's powers under subdivision thirty-one of section twenty-five
hundred ninety-h of this article.

** (s) to provide written notice and other related information
described in paragraph (b) of subdivision three of section twenty-five
hundred ninety-c of this article to every parent of a child, including a
child with a disability, attending a school under the jurisdiction of
his or her community board as directed by the chancellor.

** NB There are 2 par (s)'s

** (s) notwithstanding any provisions of law to the contrary, to
exercise all of the duties and responsibilities of the employing board
as set forth in section three thousand twenty-a of this chapter pursuant
to a delegation of the chancellor under section twenty-five hundred
ninety-h of this article.

** NB There are 2 par (s)'s

2. In exercising such powers and duties each community superintendent
shall comply with all applicable provisions of law, by-laws, rules or
regulations, directives or agreements of the city board, the chancellor
and his or her community board and with the educational policies
established by the city board and his or her community board, including
performance standards addressed to administration and educational
effectiveness, and any requirements for continuing training and
education, embodied in standards, circulars or regulations promulgated
by the chancellor.

3. No person who has served as a member of a community board may be
employed by that board or the superintendent of that district within a
period of three years after the termination of such service unless such
person qualifies for the position pursuant to a competitive examination
and applicable provisions of the civil service law.

* NB Effective June 30, 2022