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-G Powers and duties of the city board

Education (EDN)

The city board shall advise the chancellor 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. Nothing herein contained shall be construed to require or authorize the day-to-day supervision or the administration of the operations of any school within the city school district of the city of New York. The board shall have the power and duty to:

  1. (a) approve standards, policies, and objectives proposed by the chancellor directly related to educational achievement and student performance;

  (b) consider and approve any other standards, policies, and objectives as specifically authorized or required by state or federal law or regulation;

  (c) approve all regulations proposed by the chancellor or the city board and any amendments made thereto;

  (d) approve the educational facilities capital plan, and any amendments requiring city board approval pursuant to section twenty-five hundred ninety-p of this article, following any applicable hearings conducted by the community district education councils;

  (e) approve annual estimates of the total sum of money which it deems necessary for the operation of the city district and the capital budget pursuant to section twenty-five hundred ninety-q of this article;

  (f) approve the allocation of projected revenues among community districts and their schools pursuant to subdivision a of section twenty-five hundred ninety-r of this article and to approve the aggregation of the community district budgets, with a proposed budget for administrative and operational expenditures of the city board and the chancellor, following a public hearing pursuant to subdivision f of section twenty-five hundred ninety-r of this article;

  (g) approve a procurement policy for the city district, and any amendments made thereto, developed pursuant to subdivision thirty-six of section twenty-five hundred ninety-h of this article; and

  (h) approve proposals for all school closures or significant changes in school utilization including the phase-out, grade reconfiguration, re-siting, or co-location of schools, following any hearing pursuant to subdivision two-a of section twenty-five hundred ninety-h of this article. If the city board approves such a proposal that the relevant community council affirmatively voted against pursuant to subdivision twenty-one of section twenty-five hundred ninety-e of this article, the board shall provide such council an explanation for its determination.

  2. for all purposes, be the government or public employer of all persons appointed or assigned by the city board or the community districts; provided, however, that the chancellor shall have the authority to appoint staff pursuant to subdivision forty-one of section twenty-five hundred ninety-h of this article;

  2-a. adopt a policy proposed by the chancellor that promotes the recruitment and retention of a workforce at the city district, community district and school level that considers the diversity of the students attending the public schools within the city district. The city board shall review at a regular public meeting an annual report issued by the chancellor 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, community district and school level;

  3. serve as the appeal board as provided in section twenty-five hundred ninety-l of this article, and subject to such powers, duties, and restrictions as were in effect before the effective date of this section;

  4. subject to the provisions of section twenty-five hundred ninety-i of this article, maintain such jurisdiction over city-wide educational policies governing the special, academic, vocational, and other high schools authorized by this article before the effective date of this section as the respective community district education councils maintain over the schools within their jurisdiction, which shall not be construed to require or authorize the day-to-day supervision or the administration of the operations of such schools.

  5. (a) Approve any contract awarded by the city district or the community districts where:

  (i) such contract was let by a procurement method other than competitive sealed bidding pursuant to subdivision thirty-six of section twenty-five hundred ninety-h of this article, including but not limited to competitive sealed proposals, or sole source contracts;

  (ii) such contract provides for technical, consultant or personal services;

  (iii) the value of such contract exceeds, or projects an annual expenditure exceeding one million dollars; or

  (iv) the value of any contracts awarded to a single entity exceeds one million dollars annually;

  (b) Approve all franchises, revocable consents, and concessions awarded by the city district or the community districts.

  (c) Notwithstanding paragraphs (a) and (b) of this subdivision, city board approval shall not be required for any contract with the United States General Services Administration or any other federal agency, if the price is lower than the prevailing market price, or the New York state office of general services or any other state agency, if the price is lower than the prevailing market price, or for any contract made directly by an individual school.

  6. Approve litigation settlements only when such settlement would significantly impact the provision of educational services or programming within the district.

  6-a. Approve by-laws for the city board pursuant to section twenty-five hundred ninety-d of this article.

  7. All items requiring city board approval shall be by a public vote at a regular public meeting, consistent with the requirements contained within subdivision one of section twenty-five hundred ninety-b of this article, and such items shall not become effective until after such vote occurs except as expressly authorized in subdivision nine of this section.

  8. (a) Prior to the approval of any proposed item listed in subdivision one of this section, undertake a public review process to afford the public an opportunity to submit comments on the proposed item. Such public review process shall include notice of the item under city board consideration which shall be made available to the public, including via the city board's official internet website, and specifically circulated to all community superintendents, community district education councils, community boards, and school based management teams, at least forty-five days in advance of any city board vote on such item. Notice of the proposed item under city board consideration shall include:

  (i) a description of the subject, purpose and substance of the proposed item under consideration;

  (ii) information regarding where the full text of the proposed item may be obtained;

  (iii) the name, office, address, email and telephone number of a city district representative, knowledgeable on the item under consideration, from whom any information may be obtained concerning such item;

  (iv) date, time and place of any hearing regarding the proposed item, if applicable;

  (v) date, time and place of the city board meeting at which the city board will vote on the proposed item; and

  (vi) information on how to submit written or oral comments regarding the item under consideration.

  (b) In the event that a proposed item listed in subdivision one of this section is substantially revised at any time following the public notice provided pursuant to paragraph (a) of this subdivision, the city board shall issue a revised public notice. Such revised notice shall be available at least fifteen days in advance of any city board vote on the proposed item, but in no event shall the city board vote on any such item within forty-five days from the initial public notice provided pursuant to paragraph (a) of this subdivision. Revised public notice of the item under city board consideration shall include:

  (i) a description of the subject, purpose and substance of the revised item under consideration;

  (ii) identification of all substantial revisions to the item;

  (iii) a summary of all public comments received on such item following the initial public notice pursuant to paragraph (a) of this subdivision;

  (iv) information regarding where the full text of the revised item may be obtained;

  (v) the name, office, address, email and telephone number of a city district representative, knowledgeable on the item under consideration, from whom any information may be obtained concerning such item;

  (vi) date, time and place of any hearing regarding the item, if applicable;

  (vii) date, time and place of the city board meeting at which the city board will vote on the item; and

  (viii) information on how to submit written or oral comments regarding the item under consideration.

  (c) Following the public review process pursuant to paragraph (a) or (b) of this subdivision but prior to voting on any proposed item listed in subdivision one of this section, the city board shall make available to the public, including via the city board's official internet web site, an assessment of all public comments concerning the item under consideration received prior to twenty-four hours before the city board meeting at which such item is subject to a vote. Such assessment shall include:

  (i) a summary and an analysis of the issues raised and significant alternatives suggested;

  (ii) a statement of the reasons why any significant alternatives were not incorporated into the proposed item;

  (iii) a description of any changes made to the proposed item as a result of public comments received; and

  (iv) information as to where the full text of any approved item may be obtained.

  9. In the event the city board or the chancellor determines that immediate adoption of any item requiring city board approval is necessary for the preservation of student health, safety or general welfare and that compliance with the requirements of subdivision seven or eight of this section would be contrary to the public interest, then such proposed item may be adopted on an emergency basis. The city board or chancellor shall provide written justification for such determination and make such justification publicly available including via the city board's official internet web site. Except as expressly authorized for school closures or significant changes in school utilizations pursuant to paragraph (f) of subdivision two-a of section twenty-five hundred ninety-h of this article, all emergency adoptions shall only remain in effect for sixty days, during such time the city board shall comply with the requirements of this subdivision in order for the adoption of the item to become permanent.

  10. Respond, at a regular public meeting, to the recommendations raised in the annual reports issued by the city-wide council on special education, the city-wide council on English language learners and the city-wide council on high schools.

  11. Conduct an annual survey to allow parents, teachers and school personnel to evaluate the performance of the city board and the chancellor with regards to city district resources, oversight and curriculum. The results of such survey shall be made publicly available including via the city board's official internet website.

  12. Provide information, data, estimates and statistics regarding all matters relating to the city district as requested by the director of the independent budget office of the city of New York or the comptroller of the city of New York, in a timely fashion.

  * NB Effective until June 30, 2022

  * § 2590-g. Powers and duties of the city board. The city board shall advise the chancellor on matters of policy affecting the welfare of the city school district and its pupils. Except as otherwise provided by law, the board shall exercise no executive power and perform no executive or administrative functions. The board shall have the power and duty to:

  1. (a) approve standards, policies, objectives and regulations proposed by the chancellor directly related to educational achievement and student performance; (b) approve standards, policies, objectives and regulations directly related to maintaining the internal fiscal integrity of administrative operations by the chancellor, the community districts and the schools; and (c) consider and approve any other standards, policies, objectives and regulations at the request of the chancellor, or otherwise only as specifically authorized or required by state or federal law or regulation;

  2. for all purposes, be the government or public employer of all persons appointed or assigned by the city board or the community districts;

  3. serve as the appeal board as provided in section twenty-five hundred ninety-l of this article, and subject to such powers, duties and restrictions as were in effect before the effective date of this section;

  4. subject to the provisions of section twenty-five hundred ninety-i of this article, maintain such jurisdiction over policies governing the special, academic, vocational and other high schools authorized by this article before the effective date of this section as the respective community boards maintain over the schools within their jurisdiction, which shall not be construed to require or authorize the day-to-day supervision or the administration of the operations of such schools.

  5. (a) Prescribe regulations and bylaws requiring members of the city board, the chancellor, and any other officer or employee in schools and programs under the jurisdiction of the city board and the chancellor, to make annual written disclosure to the city board, of the following information:

  (i) 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 article with a notation of the date such vote was taken.

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

  (b) Regulations and bylaws authorized herein shall apply with equal force and effect to community board members, community superintendents and all other officers and employees in schools and programs under the jurisdiction of the community boards.

  (c) The city board shall review, at least once annually, compliance with the requirements of subdivisions five and six of section twenty-five hundred ninety-e of this article and regulations or bylaws prescribed hereunder. Any community board member, community superintendent or other officer or employee required to make disclosure who fails to make such disclosure shall be notified in writing of their failure to do so and given thirty days within which to comply.

  (d) Willful failure to make full and timely disclosure shall constitute cause for removal from office of any member of the city board or for any other officer or employee disciplinary action and such other penalty as provided by law.

  (e) Disclosures made pursuant to the requirements herein and any notification of failure to make disclosures shall be made available for public inspection during regular business hours on regular business days; and

  6. (a) Prescribe regulations and bylaws requiring members of the city board, the chancellor and, for good cause shown, any other officer or employee in schools and programs under the jurisdiction of the city board and the chancellor, to submit to the city board, in the discretion of the city board, financial reports for themselves and their spouses.

  (b) 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 and such reports may include but not necessarily be limited to the following:

  (i) amount and source of income for services rendered, together with a description of such services;

  (ii) amount and source of gifts, capital gains, reimbursements for expenditures, and honoraria;

  (iii) investments in securities and real property;

  (iv) amount of debts and names of creditors;

  (v) outstanding loans and other forms of indebtedness due to person reporting or spouse, by name and amounts;

  (vi) trusts and other fiduciary relationships and their assets in which a beneficial interest is held.

  (c) Regulations and bylaws authorized herein shall apply with equal force and effect to community board members, community superintendents and all other officers and employees in schools and programs under the jurisdiction of the community boards.

  (d) Willful failure to file required financial reports shall constitute cause for removal from office of any member of the city board or for any other officer or employee disciplinary action and such other penalty as provided by law.

  * NB Effective June 30, 2022