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This entry was published on 2022-07-08
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SECTION 2590-G
Powers and duties of the city board
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52-A
* § 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. 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
within thirty days of such 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, the
city-wide council on high schools and the city-wide council on district
seventy-five.

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, 2024

* § 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, 2024