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SECTION 2590-H
Powers and duties of chancellor
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52-A
* § 2590-h. Powers and duties of chancellor. The office of chancellor
of the city district is hereby continued. Such chancellor shall serve at
the pleasure of and be employed by the mayor of the city of New York by
contract. The chancellor shall meet the requirements of subdivision one
of section three thousand three of this chapter, provided that a person
who has been issued a certificate as superintendent of schools pursuant
to subdivision three of such section may serve as chancellor on the
basis of such certificate for no longer than six months. The length of
such contract shall not exceed by more than two years the term of office
of the mayor authorizing such contract. The chancellor shall receive a
salary to be fixed by the mayor within the budgetary allocation
therefor. He or she shall exercise all his or her powers and duties in a
manner not inconsistent with the city-wide educational policies of the
city board. The chancellor shall have the following powers and duties as
the superintendent of schools and chief executive officer for the city
district, which the chancellor shall exercise to promote an equal
educational opportunity for all students in the schools of the city
district, promote fiscal and educational equity, increase student
achievement and school performance and encourage local school-based
innovation, including the power and duty to:

1. Control and operate:

(a) academic and vocational senior high schools until such time as the
same may be transferred to the jurisdiction of appropriate community
district education councils pursuant to this article;

(b) all specialized senior high schools. The special high schools
shall include the present schools known as:

The Bronx High School of Science, Stuyvesant High School, Brooklyn
Technical High School, Fiorello H. LaGuardia High School of Music and
the Arts in the borough of Manhattan, and such further schools which the
city board may designate from time to time. The special schools shall be
permitted to maintain a discovery program in accordance with the law in
effect on the date preceding the effective date of this section;
admissions to the special schools shall be conducted in accordance with
the law in effect on the date preceding the effective date of this
section;

(c) all special education programs and services conducted pursuant to
this chapter;

(d) subject to the provisions of section twenty-five hundred ninety-i
of this article, devolving powers to the schools, city-wide programs for
city-wide services to a substantial number of persons from more than one
community district, including transportation; food services; payroll and
personnel functions, including pension and retirement services; and
enforcement of laws and regulations promoting equal opportunity in
employment, access to public accommodations and facilities, equal
opportunity in education, and preventing and addressing unlawful
discrimination; provided, however, that a community district may also
operate within its district programs which provide similar services
otherwise authorized by this article.

2. Establish, control and operate new schools or programs of the types
specified in subdivision one of this section, or to discontinue any such
schools and programs as he or she may determine; provided, however, that
the chancellor shall consult with the affected community district
education council before:

(a) substantially expanding or reducing such an existing school or
program within a community district;

(b) initially utilizing a community district school or facility for
such a school or program;

(c) instituting any new program within a community district.

2-a. (a) Notwithstanding any other provision to the contrary, prepare
an educational impact statement regarding 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 located within the city district.

(b) Such educational impact statement shall include the following
information regarding the proposed school closing or significant change
in school utilization:

(i) the current and projected pupil enrollment of the affected school,
the prospective need for such school building, the ramifications of such
school closing or significant change in school utilization upon the
community, initial costs and savings resulting from such school closing
or significant change in school utilization, the potential disposability
of any closed school;

(ii) the impacts of the proposed school closing or significant change
in school utilization to any affected students;

(iii) an outline of any proposed or potential use of the school
building for other educational programs or administrative services;

(iv) the effect of such school closing or significant change in school
utilization on personnel needs, the costs of instruction,
administration, transportation, and other support services;

(v) the type, age, and physical condition of such school building,
maintenance, and energy costs, recent or planned improvements to such
school building, and such building's special features;

(vi) the ability of other schools in the affected community district
to accommodate pupils following the school closure or significant change
in school utilization; and

(vii) information regarding such school's academic performance
including whether such school has been identified as a school under
registration review or has been identified as a school requiring
academic progress, a school in need of improvement, or a school in
corrective action or restructuring status.

(c) Such educational impact statement shall be made publicly
available, including via the city board's official internet website, and
a copy shall also be filed with the city board, the impacted community
council, community boards, community superintendent, and school based
management team at least six months in advance of the first day of
school in the succeeding school year.

(d) No sooner than thirty days, but no later than forty-five days
following the filing of the educational impact statement, the chancellor
or deputy chancellor, or in the case of a proposed significant change in
school utilization the chancellor or his or her designee, shall hold a
joint public hearing with the impacted community council and school
based management team, at the school that is subject to the proposed
school closing or significant change in school utilization, and shall
allow all interested parties an opportunity to present comments or
concerns regarding the proposed school closing or significant change in
school utilization. The chancellor shall ensure that notice of such
hearing is widely and conspicuously posted in such a manner to maximize
the number of affected individuals that receive notice, including
providing notice to affected parents and students, and shall also notify
members of the community boards and the elected state and local
officials who represent the affected community district.

(d-1) So long as the revised proposal does not impact any school other
than a school that was identified in the initial educational impact
statement, the chancellor, after receiving public input, may
substantially revise the proposed school closing or significant change
in school utilization provided that the chancellor shall prepare a
revised educational impact statement, in the form prescribed in
paragraph (b) of this subdivision, and publish and file such educational
impact statement in the same manner as prescribed in paragraph (c) of
this subdivision. No sooner than fifteen days following the filing of
such revised educational impact statement, the chancellor or deputy
chancellor, or in the case of a significant change in school utilization
the chancellor or his or her designee, shall hold a joint public hearing
with the impacted community council and school based management team, at
the school that is subject to the proposed school closing or significant
change in school utilization and shall allow all interested parties an
opportunity to present comments and concerns regarding such proposal.
The chancellor shall ensure that notice of such hearing is widely and
conspicuously posted in such a manner to maximize the number of affected
individuals that receive notice, including providing notice to affected
parents and students, and shall also notify members of the community
boards and the elected state and local officials who represent the
affected community district.

(e) Except as otherwise provided in paragraph (f) of this subdivision,
all proposed school closings or significant changes in school
utilization shall be approved by the city board pursuant to section
twenty-five hundred ninety-g of this article and shall not take effect
until all the provisions of this subdivision have been satisfied and the
school year in which such city board approval was granted, has ended.

(f) In the event that the chancellor determines that a school closing
or significant change in school utilization is immediately necessary for
the preservation of student health, safety or general welfare, the
chancellor may temporarily close a public school or adopt a significant
change in the school's utilization on an emergency basis. Such emergency
school closing or significant change in school utilization shall only
remain in effect for six months, during such time the chancellor shall
comply with the requirements of this subdivision in order for such
school closure or significant change in school utilization to extend
beyond the six month period.

3. Subject to the approval of the city board, develop a plan to
provide for the establishment of comprehensive high schools within the
city district so that every community district shall have available to
its graduates further education and a comprehensive high school. Such
plan may provide for the conversion of academic and vocational high
schools and may be amended or modified from time to time.

4. Appoint teacher-aides for the schools and programs under his or her
jurisdiction within the budgetary allocation therefor.

5. Retain jurisdiction over all employees who are required in
connection with the performance of duties with respect to the design,
construction, operation and maintenance of all school buildings in the
city school district. Such employees shall have all rights accorded them
under the provisions of the civil service law, including manner of
appointment, classification, promotion, transfer and removal including
an opportunity to be heard provided, however, that each custodian shall
be responsible for the performance of his or her duties to the principal
of the school who shall be responsible to the district superintendent.

6. Employ or retain counsel subject to the powers and duties of the
corporation counsel of the city of New York to be his or her 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 the city board or the chancellor and one
or more community boards, the city board or the chancellor shall be
represented by the corporation counsel of the city of New York.

7. To continue existing voluntary programs or to establish new
programs under which students may choose to attend a public school in
another community district.

8. Promulgate minimum clear educational standards, curriculum
requirements and frameworks, and mandatory educational objectives
applicable to all schools and programs throughout the city district, and
examine and evaluate periodically all such schools and programs with
respect to

(i) compliance with such educational standards and other requirements,
and

(ii) the educational effectiveness of such schools and programs, in a
manner not inconsistent with the policies of the city board.

9. Furnish community district education councils and the city board
periodically with the results of such examinations and evaluations and
to make the same public.

10. Require each community superintendent to make an annual report
covering all matters relating to schools under the district's
jurisdiction including, but not limited to, the evaluation of the
educational effectiveness of such schools and programs connected
therewith.

11. Require such community district education council or
superintendent to make such number of periodic reports as may be
necessary to accomplish the purposes of this chapter.

13. Perform the following functions throughout the city district;
provided, however, that the chancellor and any community district
education council may agree that any such function may be appropriately
performed by the community district education council with respect to
the schools and programs under its jurisdiction:

(a) Technical assistance to community districts and schools;

(b) Such warehouse space on a regional basis as he or she determines
to be necessary or appropriate after consultation with the community
superintendents;

(c) Purchasing services on a city-wide, regional or community district
basis subject to subdivision thirty-six of this section;

(d) Reinforce and foster connections to institutions of higher
education to promote student achievement.

14. Develop and furnish pre-service and in-service training programs
for principals and other employees throughout the city district. In
addition, the chancellor shall prepare and annually update a training
plan for participating parents, and school personnel, which shall
include, at minimum, such training as may be required for exercise of
their responsibilities, full participation and compliance with the
provisions of this section. The chancellor shall, in addition, within
amounts appropriated, allocate sufficient funds directly and to the
superintendents for teacher and principal training to meet identified
needs for school improvement.

15. Promote the involvement and appropriate input of all members of
the school community pursuant to the provisions of this article,
including parents, teachers, and other school personnel, including:

(a) establishing a parents' association or a parent-teachers'
association in each public school under the chancellor's jurisdiction;
and ensuring that the districts and charter schools located within the
city district do the same; the chancellor shall ensure that meetings of
such parents' associations or parent-teachers' associations shall comply
with section four hundred fourteen of this chapter;

(b) pursuant to a plan prepared in consultation with associations of
parents, and representatives of teachers, supervisors, paraprofessionals
and other school personnel within the city district, and promulgated no
later than January thirty-first, nineteen hundred ninety-eight, (i)
taking all necessary steps to ensure that no later than October first,
nineteen hundred ninety-nine, the city district and the community
districts are in full compliance, and remain in compliance thereafter,
with state and federal law and regulations concerning school-based
management and shared decision-making, including section 100.11 of the
commissioner's regulations, in a manner which balances participation by
parents with participation by school personnel in advising in the
decisions devolved to schools pursuant to sections twenty-five hundred
ninety-i and twenty-five hundred ninety-r of this article, and (ii)
pursuant to such plan providing for appropriate training to any parent
and school personnel who participate in the school based management and
shared decision-making process;

(b-1) school based management teams developed pursuant to paragraph
(b) of this subdivision shall possess the following powers and duties:

(i) develop an annual school comprehensive educational plan and
consult on the school-based budget pursuant to section twenty-five
hundred ninety-r of this article. Such school comprehensive educational
plan shall be developed concurrently with the development of the
school-based budget so that it may inform the decision-making process
and result in the alignment of the comprehensive educational plan and
the school-based budget for the ensuing school year. Such plan shall be
submitted to the community superintendent along with the principal's
written justification demonstrating that the school-based budget
proposal is aligned with the school's comprehensive educational plan and
the school based management team's response to such justification
pursuant to paragraph (h) of subdivision one of section twenty-five
hundred ninety-f of this article. In the case of specialized, academic,
vocational, and other high schools that are not under the jurisdiction
of a community superintendent, such plan shall be submitted to the
chancellor pursuant to subdivision e of section twenty-five hundred
ninety-r of this article. The chancellor shall ensure that the
comprehensive educational plan of every school within the city district
is easily accessible and be made available for public inspection
including via the city board's official internet website;

(ii) hold at least one meeting per month during the school year. Each
monthly meeting shall be held at a time that is convenient for the
parent representatives;

(iii) provide notice of monthly meetings that is consistent with the
open meetings law;

(iv) have parent members of such teams make recommendations,
consistent with the chancellor's regulations, on the selection of the
school principal and have all members be consulted prior to the
appointment of any principal candidate to its school;

(v) undergo initial and ongoing training that will allow its members
to carry out their duties effectively;

(vi) dispute any decision made by the principal to the community
superintendent pursuant to section twenty-five hundred ninety-f of this
article where members of the school based management team, other than
the principal, reach a consensus that the decision is inconsistent with
the goals and policies set forth in the school's existing comprehensive
educational plan; and

(vii) provide to the community superintendent an annual assessment of
the school principal's record of developing an effective shared
decision-making relationship with school based management team members;
and

(c) developing, in consultation with associations of parents in the
city district, and implementing no later than October first, nineteen
hundred ninety-eight, a parental bill of rights which provides for, at
minimum:

(i) reasonable access by parents, persons in parental relation and
guardians to schools, classrooms, and academic and attendance records of
their own children, consistent with federal and state laws, provided
that such access does not disrupt or interfere with the regular school
process;

(ii) the rights of parents, persons in parental relation and guardians
to take legal action and appeal the decisions of the school
administration, as authorized by law;

(iii) the right of parents, persons in parental relation and guardians
to have information on their own child's educational materials;

(iv) access to and information about all public meetings, hearings of
the chancellor, the city board, the community superintendents, the
community district education councils, and the schools; and

(v) access to information regarding programs that allow students to
apply for admission where appropriate to schools outside a student's own
attendance zone.

The chancellor shall by rule or regulation provide for the involvement
including membership, in any parents' association or parent-teacher
association established pursuant to this subdivision, of a grandparent
who is in parental relation to a child who attends a school within the
jurisdiction of the community school district. For purposes of this
subdivision, a grandparent shall be considered to be in parental
relation to a child when such grandparent has assumed care of such child
because such child's parents are not available due to death,
imprisonment, mental illness, living outside the state, abandonment of
the child, or other circumstances. A determination of whether a
grandparent is in parental relation to a child shall be based upon the
individual circumstances surrounding guardianship and custodial care of
such child.

16. Promulgate such rules and regulations as he or she may determine
to be necessary or convenient to accomplish the purposes of this act,
not inconsistent with the provisions of this article and the city-wide
educational policies of the city board.

16-a. Create standards, policies, and objectives and promulgate
regulations directly related to maintaining the internal fiscal
integrity of administrative operations by the chancellor, the community
districts, and the schools.

17. Possess those powers and duties described in section twenty-five
hundred fifty-four of this title, the exercise of which shall be in a
manner not inconsistent with the provisions of this article and the
city-wide educational policies of the city board.

18. Possess those powers and duties contained in section nine hundred
twelve of this chapter and those provisions of article fifteen of this
chapter which relate to non-public schools, those powers and duties
contained in section five hundred twenty-two of the New York city
charter, and those powers and duties contained in article seventy-three
of this chapter, the exercise of which shall be in a manner not
inconsistent with the provisions of this article and the city-wide
educational policies of the city board.

19. Delegate any of his or her powers and duties to such subordinate
officers or employees as he or she deems appropriate and to modify or
rescind any power and duty so delegated.

20. Ensure compliance with qualifications established for all
personnel employed in the city district, including the taking of
fingerprints as a prerequisite for licensure and/or employment of such
personnel. Every set of fingerprints taken pursuant to this subdivision
shall be promptly submitted to the division of criminal justice services
where it shall be appropriately processed. Furthermore, the division of
criminal justice services is authorized to submit the fingerprints to
the federal bureau of investigation for a national criminal history
record check.

21. Perform the functions of the bureau of audit throughout the city
district, including ensuring compliance with subdivisions thirty-six and
thirty-seven of this section.

22. Establish uniform procedures for record keeping, accounting and
reporting throughout the city district, including pupil record keeping,
accounting and reporting.

23. Develop an educational facilities master plan, and revisions
thereto, as defined in section twenty-five hundred ninety-o of this
article.

24. Develop and implement a five-year educational facilities capital
plan, and amendments thereto, as defined in section twenty-five hundred
ninety-p of this article. The chancellor shall also appoint a person,
who reports directly to the chancellor or his or her designee, to assist
in the development and implementation of such plan and amendments
thereto and to oversee the school buildings program.

25. On the chancellor's own initiative, or at the request of a
community superintendent, transfer a principal employed by a community
school district pursuant to an agreement with the employee organization
representing such principals. The chancellor shall establish a procedure
for consulting with affected parents to explain any such transfer.
Consistent with section twenty-five hundred ninety-i of this article,
including without limitation subdivision three thereof, and subdivision
one thereof with respect to the rights and obligations of a school to
which a principal is transferred, in addition to any other law providing
for the transfer of principals, the chancellor also may cause the
transfer or removal of principals for persistent educational failure,
conflicts of interest, and ethics violations, and may require principals
to participate in training and other remedial programs to address
identified factors affecting student achievement and school performance.

26. Establish educational and experience qualifications and
requirements for all custodial positions including, but not limited to,
custodians and custodial engineers and develop standards for evaluating
the performance of all such individuals, subject to approval of the city
board. Such performance standards shall include, but not be limited to:
the cleanliness of facilities; adequacy and timeliness of minor repairs;
maintenance of good working order of facilities and grounds; general
facilities improvement; and emergency services. The chancellor shall
promulgate regulations setting forth the respective responsibilities of
the district plant manager, which shall include regular consultation and
ongoing reports to the community superintendent, and the principal of
each school for evaluating the performance of the custodial employees
assigned to his or her school, in accordance with such performance
standards, and such performance evaluations shall be given dominant
weight in any decision for the purposes of: advancement; continued
employment; building transfers; and other performance incentives. The
responsibility of the principal of each school in the evaluation of
custodial employees may be a matter for collective bargaining with
collective bargaining representatives for principals.

27. Promulgate regulations, in conjunction with each community
superintendent, establishing a plan for providing access to school
facilities in each community school district, when not in use for school
purposes, in accordance with the provisions of section four hundred
fourteen of this chapter. Such plan shall set forth a reasonable system
of fees not to exceed the actual costs and specify that no part of any
fee shall directly or indirectly benefit or be deposited into an account
which inures to the benefit of the custodians or custodial engineers.

29. Promulgate regulations establishing educational, managerial, and
administrative qualifications, performance record criteria, and
performance standards for the positions of superintendent and principal.

30. Select and appoint a community superintendent, in compliance with
the qualifications required by subdivision twenty-nine of this section
and subject to the provisions of subdivision two of section twenty-five
hundred ninety-j of this article, and in consultation with the
corresponding community district education council, at a salary to be
fixed within the budgetary allocation therefor.

31. Intervene in any district or school which is persistently failing
to achieve educational results and standards approved by the city board
or established by the state board of regents, or has failed to improve
its educational results and student achievement in accordance with such
standards or state or city board requirements, or in any school or
district in which there exists, in the chancellor's judgment, a state of
uncontrolled or unaddressed violence. The chancellor may, in addition to
exercising any other powers authorized by this article, require such
school principal, or district as the case may be, to prepare a
corrective action plan, with a timetable for implementation of steps
acceptable to the chancellor to reach improvement goals consistent with
city board standards and educational results. The chancellor may require
the school or district to alter or improve the corrective action plan,
or may directly modify the plan. The chancellor shall monitor
implementation of the plan, and, if the school or district fails to
implement it, may supersede any inconsistent decision of the school
principal, community district education council or community
superintendent; assume joint or direct control of the operation of the
school or district to implement the corrective action plan; or take any
other action authorized by this article. Any action of the chancellor to
supercede an inconsistent decision of the school principal, community
district education council or community superintendent, or to assume
joint or direct control of the operation of the school or district
pursuant to this subdivision may be appealed to the city board in
accordance with section twenty-five hundred ninety-g of this article.

32. Appoint a deputy, for each borough of the city of New York,
responsible for coordinating and periodically meeting and consulting
with the borough president, the chancellor and the community
superintendents in the borough on borough-specific issues and issues of
borough-wide significance, including the provision of services in
support of schools and community districts such as transportation,
purchasing, capital planning, and coordination with municipal services,
and chancellor and city board policy with respect to the high schools.

33. Require community school board members to participate in training
and retraining in order to promote district and school performance and
student achievement, as a continuing condition for membership.

35. Take all necessary steps to promote the effectiveness and
integrity of school-based budgeting pursuant to section twenty-five
hundred ninety-r of this article, including the obligations imposed by
subdivision thirty-seven of this section.

36. Develop a procurement policy for the city school district of the
city of New York and the community districts and public schools therein
to ensure the wise and prudent use of public money in the best interest
of the taxpayers of the state; guard against favoritism, improvidence,
extravagance, fraud, and corruption; and ensure that contracts are
awarded consistent with law and on the basis of best value, including,
but not limited to, the following criteria: quality, cost and
efficiency.

(a) Such policy shall specifically include:

(i) a competitive sealed bidding process for the awarding of contracts
in which sealed bids are publicly solicited and opened and that a
contract is awarded to the lowest responsive, responsible bidder;

(ii) processes for awarding contracts using alternatives to
competitive sealed bidding where competitive sealed bidding is not
practicable or not advantageous, in which case the most competitive
alternative method of procurement, which is appropriate under the
circumstances, shall be used consistent with the requirements of
subparagraph (vii) of this paragraph;

(iii) measures to enhance the ability of minority and women owned
business enterprises pursuant to section thirteen hundred four of the
New York city charter and a certified business as defined in section
three hundred ten of the executive law, including firms certified
pursuant to article fifteen-A of the executive law and firms certified
as minority and women owned business enterprises pursuant to section
thirteen hundred four of the New York city charter, to compete for
contracts and to ensure their meaningful participation in the
procurement process. The school district shall have the authority to use
the same measures, to enhance minority and women owned business
enterprise participation as are available to the city of New York
pursuant to article five-A of the general municipal law, section
thirteen hundred four of the New York city charter, paragraphs one and
two of subdivision i of section three hundred eleven of the New York
city charter, and section 6-129 of the administrative code of the city
of New York;

(iv) the manner for administering contracts and overseeing the
performance of contracts and contractors;

(v) standards and procedures to be used in determining whether bidders
are responsible;

(vi) circumstances under which procurement may be used for the
provision of technical, consultant or personal services;

(vii) requiring written justification for the basis, including the
efficiency, benefit, and necessity, for awarding a contract using
procurement methods other than competitive sealed bidding including
competitive sealed proposals and sole source contracts, and for awarding
technical, consultant, or personal services contracts, franchises,
revocable consents, or concessions. Such written justification shall be
filed with the comptroller of the city of New York along with the
corresponding contract, franchise, revocable consent, or concession;

(viii) maintaining a file for every contract franchise, revocable
consent, and concession containing information pertaining to the
solicitation, award and management of every such contract or agreement.
Such file shall contain copies of each determination, writing or filing
required by this subdivision and shall be open to public inspection with
adequate protection for information which is confidential;

(ix) a process for the filing of all contracts, franchises, revocable
consents, and concessions with the comptroller of the city of New York;

(x) a process for emergency procurement in the case of an unforeseen
danger to life, safety, property or a necessary service provided that
such procurement shall be made with such competition as is practicable
under the circumstances and that a written determination of the basis
for the emergency procurement shall be required and filed with the
comptroller of the city of New York when such emergency contract is
filed with such comptroller; and

(xi) procedures for the fair and equitable resolution of contract
disputes.

(b) Consistent with the provisions of paragraph (a) of this
subdivision such policy shall also include: (i) standards for quality,
function, and utility of all material goods, supplies, and services
purchased by the chancellor, superintendents, or schools; (ii)
regulations which enable superintendents and schools to purchase
material goods, supplies, and services directly from vendors or
suppliers when such products are available at prices or other terms more
economically beneficial for the purposes of the acquiring superintendent
or school; and (iii) regulations shall include repair services and
building supplies, as defined in such regulations, for expenditures from
each district's minor repair and purchasing funds pursuant to section
twenty-five hundred ninety-r of this article.

(c) The chancellor shall be responsible for certifying that the
procedural requisites pursuant to this subdivision and section
twenty-five hundred ninety-g of this article have been met, prior to the
filing any contract awarded by a procurement method other than
competitive sealed bidding, or prior to filing any technical,
consultant, or personal services contract, franchise, revocable consent,
or concession with the comptroller of the city of New York. The
corporation counsel for the city of New York shall certify prior to the
filing of such contract or agreement with the comptroller of the city of
New York, that the city district has legal authority to award each such
contract or agreement.

(d) (i) No contract, franchise, revocable consent or concession shall
be implemented until a copy has been filed with the comptroller of the
city of New York and either such comptroller has registered it or thirty
days have elapsed from the date of filing, whichever is sooner, unless
an objection has been filed pursuant to subparagraph (iii) of this
paragraph, or the comptroller of the city of New York has grounds for
not registering such contract or agreement under subparagraph (ii) of
this paragraph.

(ii) Subject to the provisions of subparagraph (iii) of this
paragraph, the comptroller of the city of New York shall register such
contract or agreement within thirty days unless such comptroller has
information indicating that:

(1) there remains no unexpended and unapplied balance of the
appropriation or fund applicable thereto, sufficient to pay the
estimated expense of executing such contract or agreement;

(2) a certification required pursuant to this paragraph has not been
made; or

(3) the proposed vendor has been debarred by the city of New York.

(iii) The comptroller of the city of New York may, within thirty days
of the date of filing of the contract, franchise, revocable consent or
concession with his or her office, object in writing to the registration
of such contract or agreement, if in such comptroller's judgment there
is sufficient reason to believe that there is possible corruption in the
letting of such contract or agreement or that the proposed contractor is
involved in corrupt activity. Such objection shall be delivered within
such thirty day period to the mayor of the city of New York setting
forth in detail the grounds for the New York city comptroller's
determination. The mayor of the city of New York may require
registration of the contract or agreement despite the New York city
comptroller's objections if the mayor of the city of New York has
responded to such comptroller's objections in writing, indicating:

(1) the corrective actions if any, that have been taken or will be
taken in response to such comptroller's objections, or

(2) the reasons why the mayor of the city of New York disagrees with
such comptroller's objections.

Such response by the mayor of the city of New York shall not serve as
the basis for further objection by the New York city comptroller, and
such comptroller shall register the contract, franchise, revocable
consent or concession within ten days of receipt of the mayor of the
city of New York's response.

(e) The requirements of paragraphs (c) and (d) of this subdivision
shall not apply to an emergency contract awarded pursuant to
subparagraph (x) of paragraph (a) of this subdivision, provided that the
chancellor shall comply with the requirements of paragraphs (c) and (d)
of this subdivision as soon as practicable.

37. Establish guidelines and a system of internal controls, including
internal administrative controls and internal accounting controls, with
provisions for internal audits, as such terms are defined in section
nine hundred fifty of the executive law. Such system shall also include
a system of internal control review designed to identify weaknesses and
identify actions to rectify them; a clear and concise statement of the
generally applicable management policies and standards made available to
each officer and employee relevant to fiscal and expenditure control, in
addition to education and training efforts to ensure adequate
understanding of internal control standards and evaluation techniques;
and the designation of an internal control officer for each community
district, each of whom shall report to the chancellor and the auditor
general, to execute a regular internal audit function, which shall
operate in accordance with generally accepted governmental auditing
standards. The internal auditors for the community districts shall
operate in cooperation with the auditor general, appointed by the
chancellor, who shall, in addition to the functions of the internal
auditors, monitor and conduct random audits of school districts at least
once every two years for fraud, waste, and mismanagement.
Notwithstanding any provision of state law or state or city regulation,
the internal auditors, and the auditor general, shall be entitled, upon
their request, to all and any documents and materials bearing in their
judgment on the finances and cost-effectiveness of the schools and the
school districts that is in the possession of the community districts,
the schools, or any officer thereof.

38. To exercise all of the duties and responsibilities of the
employing board as set forth in section three thousand twenty-a of this
chapter with respect to any member of the teaching or supervisory staff
of schools under the jurisdiction of the community district education
councils. The chancellor shall exercise all such duties and
responsibilities for all community districts or may delegate the
exercise of all such duties and responsibilities to all of the community
superintendents of the city district.

38-a. To exercise all of the duties and responsibilities of the
employing board as set forth in section three thousand twenty-a of this
chapter with respect to any member of the teaching or supervisory staff
of schools which are not covered under subdivision thirty-eight of this
section. Provided, however that the city board shall maintain
jurisdiction over any consequence resulting from an employee waiver of a
hearing, as provided for in paragraph (d) of subdivision two of section
three thousand twenty-a of this chapter.

** 39. (a) Prescribe regulations and by-laws 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 chancellor, of the following
information:

(i) the employment by the city school board or any community district
education 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 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) The chancellor 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 by-laws
prescribed in this subdivision. Any community district education council
member, community superintendent, or other officer or employee required
to make disclosure, who fails to make such disclosure, shall be notified
in writing of his or her 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 may be provided by law.

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

** NB There are 2 sb (39)'s

** 39. To enter an agreement, in his or her discretion, with the city
of New York for the installation and use of school bus photo violation
monitoring systems pursuant to section eleven hundred seventy-four-a of
the vehicle and traffic law, provided that the purchase, lease,
installation, operation and maintenance, or any other costs associated
with such cameras shall not be considered an aidable expense pursuant to
section thirty-six hundred twenty-three-a of this chapter.

** NB There are 2 sb (39)'s

** NB Repealed December 1, 2024

40. (a) Prescribe regulations and by-laws 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 chancellor, in the discretion
of the chancellor, 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 chancellor, 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; and

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

(c) 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 may be provided by law.

41. Appoint and set salaries for staff in non-represented managerial
titles.

42. (a) To dispose of such personal property used in the schools and
other buildings of the city of New York under the charge of the city
board as shall no longer be required for use therein. Such disposition
shall be made in the name of the city of New York and for such city.

(b) The chancellor may sell, at prices as may be agreed upon, such
manufactured articles or other products of any school of the district,
day and evening, as may not be utilized by the city board, and all
moneys realized by the sale thereof shall be paid into the city treasury
and shall at once be appropriated by the city to a special fund to be
administered by the city board for such purposes as such board, in its
discretion, may determine. All other moneys realized by the sale of
personal property shall be paid into the city treasury and shall at once
be appropriated by the city to the special school fund of the city board
for use in the borough in which the property sold was situated.

(c) Such method of disposal shall be deemed not to apply to the
disposition of school books pursuant to subdivision forty-three of this
section.

43. To dispose of, to the best advantage of the city of New York,
either by sale or on the basis of money allowance for waste paper, all
books delivered to the several public schools of such city that have
been discarded either by reason of being obsolete, no longer required by
the course of study, worn by long usage, or mutilated by accident. If
disposal is made by sale, it shall be to the highest bidder, and the
money realized shall be paid into the city treasury and shall at once be
appropriated by the city to the special school fund of the city board
entitled "supplies". If disposal is made on the basis of money allowance
for waste paper, it shall be to the highest bidder. Such discarded books
may be disposed of without public advertisement or entry into a formal
contract. Should the discarded books be in such condition that no sale
or exchange can be made, or should there be reason to believe that such
discarded books have become infected through disease among the pupils,
or should the superintendent of schools certify that such discarded
books contain erroneous, inaccurate, obsolete, or antiquated subject
matter, illustrations, maps, charts, or other material, the committee on
supplies of the board of education, if such books cannot be sold, given
away, or otherwise salvaged as waste paper without danger to the public
health, may authorize their destruction by fire, in which event the
superintendent of school supplies shall obtain and file in his or her
office a certificate that such books have been so destroyed, signed by
the principal of the school in which the books are located.

44. To provide the proper book or books in which he or she shall cause
the class teachers under the direction and supervision of the principal
to enter the names, ages, and residences of the pupils attending the
school, the name of the parent or guardian of each pupil, and the days
on which the pupils shall have attended respectively, and the aggregate
attendance of each pupil during the year, and also the day upon which
the school shall have been visited by the superintendent of schools or
by an associate superintendent of schools or by an assistant
superintendent, or by members of the city board, or by members of the
community district education council, or by any of them, which entry
shall be verified by such oath or affirmation of the principal as may be
prescribed by the chancellor. Such books shall be preserved as the
property of the chancellor and shall at all times be open to inspection
by members of the city board, by members of the community councils and
by the superintendent of schools, or by any associate superintendent of
schools, or by the assistant superintendents.

45. Make rules and regulations for the conduct, operation, and
maintenance of extra classroom activities and for the safeguarding,
accounting, and audit of all moneys received and derived therefrom. In
the case of any extra classroom activity as it shall deem proper, and
notwithstanding the provisions of section twenty-five hundred thirty of
this title, it may direct that the moneys received or derived from the
conduct, operation, or maintenance of such an extra classroom activity
be deposited with the auditor, who in such event shall be the treasurer
of such an extra classroom activity, the moneys of which are required to
be so deposited. In the procurement of articles and services for the
conduct, operation, and maintenance of a cafeteria or restaurant
service, the chancellor shall be subject to applicable provisions of
law, except that said chancellor need not have duly advertised for
estimates in order to contract for such articles or services in an
amount exceeding one thousand dollars. The chancellor shall also have
power to assign any officers or employees to perform such duties as he
or she may prescribe in connection with an extra classroom activity and
to designate such officers and employees when so assigned from whom a
bond shall be required for faithful performance of their duties and to
fix the sum in which each such bond shall be given.

46. To maintain, through such representatives as he or she may
designate, an effective visitation and inspection of all schools and
classes maintained in institutions controlled by the department of
correction of the city of New York.

47. To assign, in his or her discretion, one or more employees of the
city board to serve as trial examiner with power to conduct
investigations and hearings on behalf of the chancellor. Each trial
examiner shall report the result of any such investigation or hearing to
the chancellor.

48. To hold a public meeting in each community district, in
conjunction with the community district education council, during a two
year period, beginning with the two thousand nine--two thousand ten
school year, in order to report on public school finances, student
performance, and educational goals and priorities of the city district
and to receive and respond to public comments and concerns. The
chancellor shall direct the community superintendent to provide public
notice of such meeting in order to maximize the participation of
parents, students, and all other interested parties.

49. To 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.

50. To issue an annual report on the participation of minority and
women owned business enterprises in the city district's procurement
process including the number of contracts awarded to minority and women
owned business enterprises, the percent of contracts awarded to minority
and women owned business enterprises of the total number of all city
district contracts, the aggregate value of all contracts awarded to
minority and women owned business enterprises, and the percent of the
aggregate value of contracts awarded to minority and women owned
business enterprises of the total aggregate value of all city district
contracts.

51. Propose a policy for city board approval 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 chancellor
shall issue an annual report 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.

52. To compile an inventory of and issue a written report about the
outdoor schoolyards in the city school district, as required by
subdivision fourteen of section twenty-five hundred fifty-six of this
title.

53. To compile an inventory of, issue a written report, and provide
recommendations as required by subdivision fifteen of section
twenty-five hundred fifty-six of this title regarding transportable
classroom units in the city school district.

54. To establish a charitable fund to receive unrestricted charitable
monetary donations made to such fund for use by the city school district
for public educational purposes. The monies of such charitable fund
shall be deposited and secured in the manner provided by section ten of
the general municipal law. The monies of such charitable fund may be
invested in the manner provided by section eleven of the general
municipal law. Any interest earned or capital gain realized on the money
so invested shall accrue to and become part of such fund. At such time
and in such amounts as determined by the chancellor, the monies of such
charitable fund shall be transferred to the city school district's
general fund for expenditure consistent with the charitable purposes of
the fund, provided that the amount of taxes to be levied by the city for
any school year shall be determined without regard to any such transfer.
The city school district shall maintain an accounting of all such
deposits, interest or capital gain, transfers, and expenditures.

55. Ensure that all public, nonpublic, and charter school students
enrolled in elementary and secondary schools located in the city of New
York be provided with additional opportunities to supplement classroom
instruction including, but not limited to, visiting educational and
cultural sites and institutions such as a Holocaust museum, African
American cultural centers and historical landmarks, a Native American
museum, Asian American museums and cultural centers, a LatinX American
museum, center for women, LGBTQ historical landmarks, and American
historical landmarks and monuments.

* NB Effective until June 30, 2022

* § 2590-h. Powers and duties of chancellor. The office of chancellor
of the city district is hereby continued. It shall be filled by a person
employed by the city board by contract for a term not to exceed by more
than one year the term of office of the city board authorizing such
contract, subject to removal for cause. The chancellor shall receive a
salary to be fixed by the city board within the budgetary allocation
therefor. He or she shall exercise all his or her powers and duties in a
manner not inconsistent with the policies of the city board. The
chancellor shall have the following powers and duties as the
superintendent of schools and chief executive officer for the city
district, which the chancellor shall exercise to promote an equal
educational opportunity for all students in the schools of the city
district, promote fiscal and educational equity, increase student
achievement and school performance and encourage local school-based
innovation, including the power and duty to:

1. Control and operate:

(a) academic and vocational senior high schools until such time as the
same may be transferred to the jurisdiction of appropriate community
boards pursuant to this article;

(b) all specialized senior high schools. The special high schools
shall include the present schools known as:

The Bronx High School of Science, Stuyvesant High School, Brooklyn
Technical High School, Fiorello H. LaGuardia High School of Music and
the Arts in the borough of Manhattan, and such further schools which the
city board may designate from time to time. The special schools shall be
permitted to maintain a discovery program in accordance with the law in
effect on the date preceding the effective date of this section;
admissions to the special schools shall be conducted in accordance with
the law in effect on the date preceding the effective date of this
section;

(c) all special education programs and services conducted pursuant to
this chapter;

(d) subject to the provisions of section twenty-five hundred ninety-i
of this article, devolving powers to the schools, city-wide programs for
city-wide services to a substantial number of persons from more than one
community district, including transportation; food services; payroll and
personnel functions, including pension and retirement services; and
enforcement of laws and regulations promoting equal opportunity in
employment, access to public accommodations and facilities, equal
opportunity in education, and preventing and addressing unlawful
discrimination; provided, however, that a community district may also
operate within its district programs which provide similar services
otherwise authorized by this article.

2. Establish, control and operate new schools or programs of the types
specified in subdivision one of this section, or to discontinue any such
schools and programs as he or she may determine; provided, however, that
he shall consult with the affected community board before:

(a) substantially expanding or reducing such an existing school or
program within a community district;

(b) initially utilizing a community district school or facility for
such a school or program;

(c) instituting any new program within a community district.

3. Subject to the approval of the city board, develop a plan to
provide for the establishment of comprehensive high schools within the
city district so that every community district shall have available to
its graduates further education and a comprehensive high school. Such
plan may provide for the conversion of academic and vocational high
schools and may be amended or modified from time to time.

4. Appoint teacher-aides for the schools and programs under his or her
jurisdiction within the budgetary allocation therefor.

5. Retain jurisdiction over all employees who are required in
connection with the performance of duties with respect to the design,
construction, operation and maintenance of all school buildings in the
city school district. Such employees shall have all rights accorded them
under the provisions of the civil service law, including manner of
appointment, classification, promotion, transfer and removal including
an opportunity to be heard provided, however, that each custodian shall
be responsible for the performance of his duties to the principal of the
school who shall be responsible to the district superintendent.

6. Employ or retain counsel subject to the powers and duties of the
corporation counsel of the city of New York to be his or her 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 the city board or the chancellor and one
or more community boards, the city board or the chancellor shall be
represented by the corporation counsel of the city of New York.

7. To continue existing voluntary programs or to establish new
programs under which students may choose to attend a public school in
another community district.

8. Promulgate minimum clear educational standards, curriculum
requirements and frameworks, and mandatory educational objectives
applicable to all schools and programs throughout the city district, and
examine and evaluate periodically all such schools and programs with
respect to

(i) compliance with such educational standards and other requirements,
and

(ii) the educational effectiveness of such schools and programs, in a
manner not inconsistent with the policies of the city board.

9. Furnish community boards and the city board periodically with the
results of such examinations and evaluations and to make the same
public.

10. Require each community superintendent to make an annual report
covering all matters relating to schools under the district's
jurisdiction including, but not limited to, the evaluation of the
educational effectiveness of such schools and programs connected
therewith.

11. Require such community board or superintendent to make such number
of periodic reports as may be necessary to accomplish the purposes of
this chapter.

13. Perform the following functions throughout the city district;
provided, however, that the chancellor and any community board may agree
that any such function may be appropriately performed by the community
board with respect to the schools and programs under its jurisdiction:

(a) Technical assistance to community districts and schools;

(b) Such warehouse space on a regional basis as he or she determines
to be necessary or appropriate after consultation with the community
superintendents;

(c) Purchasing services on a city-wide, regional or community district
basis subject to subdivision thirty-six of this section;

(d) Reinforce and foster connections to institutions of higher
education to promote student achievement.

14. Develop and furnish pre-service and in-service training programs
for principals and other employees throughout the city district. In
addition, the chancellor shall prepare and annually update a training
plan for participating parents, and school personnel, which shall
include, at minimum, such training as may be required for exercise of
their responsibilities, full participation and compliance with the
provisions of this section. The chancellor shall, in addition, within
amounts appropriated, allocate sufficient funds directly and to the
superintendents for teacher and principal training to meet identified
needs for school improvement.

15. Promote the involvement and appropriate input of all members of
the school community pursuant to the provisions of this article,
including parents, teachers, and other school personnel, including:

(a) establishing a parents' association or a parent-teachers'
association in each school under the chancellor's jurisdiction; and
ensuring that the districts do the same;

(b) pursuant to a plan prepared in consultation with associations of
parents, and representatives of teachers, supervisors, paraprofessionals
and other school personnel within the city district, and promulgated no
later than January thirty-first, nineteen hundred ninety-eight, (i)
taking all necessary steps to ensure that no later than October first,
nineteen hundred ninety-nine, the city district and the community
districts are in full compliance, and remain in compliance thereafter,
with state and federal law and regulations concerning school-based
management and shared decision-making, including section 100.11 of the
commissioner's regulations, in a manner which balances participation by
parents with participation by school personnel in advising in the
decisions devolved to schools pursuant to sections twenty five hundred
ninety-i and twenty-five hundred ninety-r of this article, and (ii)
pursuant to such plan providing for appropriate training to any parent
and school personnel who participate in the school-based management and
shared decision-making process; and

(c) developing, in consultation with associations of parents in the
city district, and implementing no later than October first, nineteen
hundred ninety-eight, a parental bill of rights which provides for, at
minimum:

(i) reasonable access by parents, persons in parental relation and
guardians to schools, classrooms, and academic and attendance records of
their own children, consistent with federal and state laws, provided
that such access does not disrupt or interfere with the regular school
process;

(ii) the rights of parents, persons in parental relation and guardians
to take legal action and appeal the decisions of the school
administration, as authorized by law;

(iii) the right of parents, persons in parental relation and guardians
to have information on their own child's educational materials;

(iv) access to and information about all public meetings, hearings of
the chancellor, the city board, the community superintendents, the
community boards, and the schools; and

(v) access to information regarding programs that allow students to
apply for admission where appropriate to schools outside a student's own
attendance zone.

The chancellor shall by rule or regulation provide for the involvement
including membership, in any parents' association or parent-teacher
association established pursuant to this subdivision, of a grandparent
who is in parental relation to a child who attends a school within the
jurisdiction of the community school district. For purposes of this
subdivision, a grandparent shall be considered to be in parental
relation to a child when such grandparent has assumed care of such child
because such child's parents are not available due to death,
imprisonment, mental illness, living outside the state, abandonment of
the child, or other circumstances. A determination of whether a
grandparent is in parental relation to a child shall be based upon the
individual circumstances surrounding guardianship and custodial care of
such child.

16. Promulgate such rules and regulations as he or she may determine
to be necessary or convenient to accomplish the purposes of this act,
not inconsistent with the provisions of this article and the policies of
the city board.

17. Possess those powers and duties described in section twenty-five
hundred fifty-four of this chapter, the exercise of which shall be in a
manner not inconsistent with the provisions of this article and the
policies of the city board.

18. Possess those powers and duties contained in section nine hundred
twelve of this chapter and those provisions of article fifteen thereof
which relate to non-public schools, those powers and duties contained in
section five hundred twenty-two of the New York city charter and those
powers and duties contained in article seventy-three of this chapter,
the exercise of which shall be in a manner not inconsistent with the
provisions of this article and the policies of the city board.

19. Delegate any of his or her powers and duties to such subordinate
officers or employees as he or she deems appropriate and to modify or
rescind any power and duty so delegated.

20. Ensure compliance with qualifications established for all
personnel employed in the city district, including the taking of
fingerprints as a prerequisite for licensure and/or employment of such
personnel. Every set of fingerprints taken pursuant to this subdivision
shall be promptly submitted to the division of criminal justice services
where it shall be appropriately processed. Furthermore, the division of
criminal justice services is authorized to submit the fingerprints to
the federal bureau of investigation for a national criminal history
record check.

21. Perform the functions of the bureau of audit throughout the city
district, including ensuring compliance with subdivisions thirty-six and
thirty-seven of this section.

22. Establish uniform procedures for record keeping, accounting and
reporting throughout the city district, including pupil record keeping,
accounting and reporting.

23. Develop an educational facilities master plan, and revisions
thereto, as defined in section twenty-five hundred ninety-o of this
article.

24. Develop and implement a five-year educational facilities capital
plan, and amendments thereto, as defined in section twenty-five hundred
ninety-p of this article. The chancellor shall also appoint a person,
who reports directly to the chancellor or his or her designee, to assist
in the development and implementation of such plan and amendments
thereto and to oversee the school buildings program.

25. On the chancellor's own initiative, or at the request of a
community superintendent, transfer a principal employed by a community
school district pursuant to an agreement with the employee organization
representing such principals. The chancellor shall establish a procedure
for consulting with affected parents to explain any such transfer.
Consistent with section twenty-five hundred ninety-i of this article,
including without limitation subdivision three thereof, and subdivision
one thereof with respect to the rights and obligations of a school to
which a principal is transferred, in addition to any other law providing
for the transfer of principals, the chancellor also may cause the
transfer or removal of principals for persistent educational failure,
conflicts of interest, and ethics violations, and may require principals
to participate in training and other remedial programs to address
identified factors affecting student achievement and school performance.

26. Establish educational and experience qualifications and
requirements for all custodial positions including, but not limited to,
custodians and custodial engineers and develop standards for evaluating
the performance of all such individuals, subject to approval of the city
board. Such performance standards shall include, but not be limited to:
the cleanliness of facilities; adequacy and timeliness of minor repairs;
maintenance of good working order of facilities and grounds; general
facilities improvement; and emergency services. The chancellor shall
promulgate regulations setting forth the respective responsibilities of
the district plant manager, which shall include regular consultation and
ongoing reports to the community superintendent, and the principal of
each school for evaluating the performance of the custodial employees
assigned to his or her school, in accordance with such performance
standards, and such performance evaluations shall be given dominant
weight in any decision for the purposes of: advancement; continued
employment; building transfers; and other performance incentives. The
responsibility of the principal of each school in the evaluation of
custodial employees may be a matter for collective bargaining with
collective bargaining representatives for principals.

27. Develop, in conjunction with each community superintendent, a plan
for providing access to school facilities in each community school
district, when not in use for school purposes, in accordance with the
provisions of section four hundred fourteen of this chapter. Such plan
shall set forth a reasonable system of fees not to exceed the actual
costs and specify that no part of any fee shall directly or indirectly
benefit or be deposited into an account which inures to the benefit of
the custodians or custodial engineers.

28. Establish, subject to the approval of the city board, a
publicly-inclusive process for the recruitment, screening and selection
of district superintendent candidates.

29. Promulgate regulations, subject to the approval of the city board,
establishing educational, managerial, and administrative qualifications,
performance record criteria, and performance standards for the positions
of superintendent and principal.

30. Select a community superintendent from candidates recommended by
community boards, based upon compliance with the procedures for
selection required by subdivision twenty-eight of this section, the
qualifications required by subdivision twenty-nine of this section, and
consistent with a model contract developed by the chancellor.

30-a. Remove a community superintendent who fails to comply with the
provisions of subdivision two of section twenty-five hundred ninety-f of
this article.

31. Intervene in any district or school which is persistently failing
to achieve educational results and standards approved by the city board
or established by the state board of regents, or has failed to improve
its educational results and student achievement in accordance with such
standards or state or city board requirements, or in any school or
district in which there exists, in the chancellor's judgment, a state of
uncontrolled or unaddressed violence. The chancellor may, in addition to
exercising any other powers authorized by this article, require such
school principal, or district as the case may be, to prepare a
corrective action plan, with a timetable for implementation of steps
acceptable to the chancellor to reach improvement goals consistent with
city board standards and educational results. The chancellor may require
the school or district to alter or improve the corrective action plan,
or may directly modify the plan. The chancellor shall monitor
implementation of the plan, and, if the school or district fails to
implement it, may supersede any inconsistent decision of the school
principal, community board or community superintendent; assume joint or
direct control of the operation of the school or district to implement
the corrective action plan; or take any other action authorized by this
article. Any action of the chancellor to supercede an inconsistent
decision of the school principal, community board or community
superintendent, or to assume joint or direct control of the operation of
the school or district pursuant to this subdivision may be appealed to
the city board in accordance with section twenty-five hundred ninety-g
of this article.

32. Appoint a deputy, for each borough of the city of New York,
responsible for coordinating and periodically meeting and consulting
with the borough president, the chancellor and the community
superintendents in the borough on borough-specific issues and issues of
borough-wide significance, including the provision of services in
support of schools and community districts such as transportation,
purchasing, capital planning, and coordination with municipal services,
and chancellor and city board policy with respect to the high schools.

33. Require community school board members to participate in training
and retraining in order to promote district and school performance and
student achievement, as a continuing condition for membership.

35. Take all necessary steps to promote the effectiveness and
integrity of school-based budgeting pursuant to section twenty-five
hundred ninety-r of this article, including the obligations imposed by
subdivision thirty-seven of this section.

36. Develop in consultation with the city board, a procurement policy
for the city school district of the city of New York, and the districts
and public schools therein. Such policy shall ensure the wise and
prudent use of public money in the best interest of the taxpayers of the
state; guard against favoritism, improvidence, extravagance, fraud and
corruption; and ensure that contracts are awarded consistent with law
and on the basis of best value, including, but not limited to, the
following criteria: quality, cost and efficiency. Such policy shall also
include: (a) standards for quality, function and utility of all material
goods, supplies and services purchased by the chancellor,
superintendents or schools; (b) regulations for the purchase of material
goods, supplies and services by the chancellor, the superintendents and
the schools, including clearly articulated procedures which require a
clear statement of product specifications, requirements or work to be
performed, a documentable process of soliciting bids, proposals or other
offers, and a balanced and fair method, established in advance of
receipt of offers, for evaluating offers and awarding contracts; (c)
regulations which enable superintendents and schools to purchase
material goods, supplies and services directly from vendors or suppliers
when such products are available at prices or other terms more
economically beneficial for the purposes of the acquiring superintendent
or school; and (d) regulations shall include repair services and
building supplies, as defined in such regulations, for expenditures from
each district's minor repair and purchasing funds pursuant to section
twenty-five hundred ninety-r of this article.

37. Establish, subject to the approval of the city board, guidelines
and a system of internal controls, including internal administrative
controls and internal accounting controls, with provisions for internal
audits, as such terms are defined in section nine hundred fifty of the
executive law. Such system shall also include a system of internal
control review designed to identify weaknesses and identify actions to
rectify them; a clear and concise statement of the generally applicable
management policies and standards made available to each officer and
employee relevant to fiscal and expenditure control, in addition to
education and training efforts to ensure adequate understanding of
internal control standards and evaluation techniques; and the
designation of an internal control officer for each community district,
each of whom shall report to the chancellor and the auditor general, to
execute a regular internal audit function which shall operate in
accordance with generally accepted governmental auditing standards. The
internal auditors for the community districts shall operate in
cooperation with the auditor general, appointed by the chancellor
subject to the approval of the city board, who shall, in addition to the
functions of the internal auditors, monitor and conduct random audits of
school districts at least once every two years for fraud, waste and
mismanagement. Notwithstanding any provision of state law or state, city
or city board regulation, the internal auditors, and the auditor
general, shall be entitled, upon their request, to all and any documents
and materials bearing in their judgment on the finances and
cost-effectiveness of the schools and the school districts that is in
the possession of the community districts, the schools, or any officer
thereof.

38. to exercise all of the duties and responsibilities of the
employing board as set forth in section three thousand twenty-a of this
chapter with respect to any member of the teaching or supervisory staff
of schools under the jurisdiction of the community boards. The
chancellor shall exercise all such duties and responsibilities for all
community districts or may delegate the exercise of all such duties and
responsibilities to all of the community superintendents of the city
district.

* NB Effective June 30, 2022