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This entry was published on 2022-07-08
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SECTION 2590-I
Powers and duties of schools; principals; provisions for the transfer of jurisdiction of high schools
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52-A
* § 2590-i. Powers and duties of schools; principals; provisions for
the transfer of jurisdiction of high schools. 1. The principal shall be
the administrative and instructional leader of the school. Subject to
the regulations of the chancellor and applicable collective bargaining
agreements and obligations, the principal shall be responsible for the
day to day operation of the school and shall carry out these duties in
consultation with parents, teachers and other staff, and the school
based management team pursuant to section twenty-five hundred ninety-h
of this article including:

(a) promote an equal educational opportunity for students in the
school,

(b) subject to school-based budgeting pursuant to section twenty-five
hundred ninety-r of this article,

(c) subject to collective bargaining obligations and agreements, the
budget applicable to the school, and the other provisions of this
article including section twenty-five hundred ninety-j of this article,
to make recommendation on staff selection, including through the
establishment of appropriate objective criteria consistent with
chancellor's regulations for filling vacancies based upon the school's
instructional and facility needs,

(d) subject to the standards and assessments promulgated by the
chancellor, to develop school-based curricula and syllabi for
instruction, and to address other matters relating to the instruction of
students, including the selection of texts from lists approved by the
chancellor and instructional materials, consistent with regulations of
the commissioner, and subject to the approval of the superintendent, or
chancellor in the case of schools under the jurisdiction of the city
board,

(e) subject to the approval of the superintendent, or, where
appropriate, the chancellor and within the limits of funds made
available therefor, to enhance teacher and staff development relevant to
increasing student achievement, support extended day programs, school
reform programs, and pupil-support services,

(f) enhance pupil support services by coordinating related programs,

(g) to make or arrange for minor repairs as delegated by the
chancellor or superintendent pursuant to regulations of the chancellor,
or as otherwise authorized by law subject to subdivisions thirty-six and
thirty-seven of section twenty-five hundred ninety-h of this article,

(h) subject to subdivisions thirty-six and thirty-seven of section
twenty-five hundred ninety-h of this article, identifying and purchasing
equipment and supplies that can be purchased for less than if purchased
through purchasing arrangements entered into through the city board, the
chancellor or the superintendent,

(i) to manage and operate the school building and other facilities
under its jurisdiction.

2. (a) The principal may be removed or transferred by the
superintendent or the chancellor for persistent educational failure of
the school or other cause. Removals may be caused pursuant to section
three thousand twenty-a of this chapter if applicable. Transfers may be
caused pursuant to subdivision twenty-five of section twenty-five
hundred ninety-h of this article. Any such removal or transfer may be
appealed to the city board, during which time the superintendent may
appoint an acting principal subject to the approval of the chancellor.
Provided however that such appointee must meet qualifications pursuant
to paragraph (c) of this subdivision. Persistent educational failure of
the school shall be defined in regulations of the chancellor to include
a pattern of poor or declining achievement; a pattern of poor or
declining attendance; disruption or violence; and continuing failure to
meet chancellor's performance standards or other standards.

(b) The principal may be required by the chancellor or the
superintendent to participate in training or other forms of staff
development or to address identified areas of educational need and
promote student achievement and school performance.

(c) Principals shall be selected consistent with regulations of the
chancellor establishing a process that promotes parental and staff
involvement in the recruitment, screening, interviewing and
recommendation of candidates. Candidates must meet the requirements of
regulations of the chancellor establishing educational, managerial, and
administrative qualifications, including evaluation of each candidate's
record of performance in comparable positions. In the case of schools
under the jurisdiction of the community districts, a candidate approved
by a community superintendent pursuant to paragraph (e) of subdivision
one of section twenty-five hundred ninety-f of this article may
nonetheless, before assuming the position, be rejected by the chancellor
for cause. In the case of schools not under the jurisdiction of the
community districts, the chancellor shall additionally consult with
members of the school based management team prior to appointing a
principal candidate to any such school.

3. Provisions for transfer of jurisdiction of high schools. Pursuant
to regulations of the chancellor approved by the city board, any high
school, other than a special senior academic or vocational high school
of city-wide competitive admission, may be transferred from the
jurisdiction of the city board to the jurisdiction of the community
district in which it is located, or from such community district to the
city board, upon the consent of the chancellor and the community
superintendent. In such event, the chancellor and the superintendent
shall promptly take all necessary steps to effectuate the transfer.

* NB Effective until June 30, 2024

* § 2590-i. Powers and duties of schools; principals; provisions for
the transfer of jurisdiction of high schools. 1. The principal shall be
the administrative and instructional leader of the school. Subject to
the regulations of the chancellor and applicable collective bargaining
agreements and obligations, the principal shall be responsible for the
day to day operation of the school and shall carry out these duties in
consultation with parents, teachers and other staff pursuant to section
twenty-five hundred ninety-h of this article including:

(a) promote an equal educational opportunity for students in the
school,

(b) subject to school-based budgeting pursuant to section twenty-five
hundred ninety-r of this article,

(c) subject to collective bargaining obligations and agreements, the
budget applicable to the school, and the other provisions of this
article including section twenty-five hundred ninety-j of this article,
to make recommendation on staff selection, including through the
establishment of appropriate objective criteria consistent with
chancellor's regulations for filling vacancies based upon the school's
instructional and facility needs,

(d) subject to the standards and assessments promulgated by the
chancellor, to develop school-based curricula and syllabi for
instruction, and to address other matters relating to the instruction of
students, including the selection of texts from lists approved by the
chancellor and instructional materials, consistent with regulations of
the commissioner, and subject to the approval of the superintendent, or
chancellor in the case of schools under the jurisdiction of the city
board,

(e) subject to the approval of the superintendent, or, where
appropriate, the chancellor and within the limits of funds made
available therefor, to enhance teacher and staff development relevant to
increasing student achievement, support extended day programs, school
reform programs, and pupil-support services,

(f) enhance pupil support services by coordinating related programs,

(g) to make or arrange for minor repairs as delegated by the
chancellor or superintendent pursuant to regulations of the chancellor,
or as otherwise authorized by law subject to subdivisions thirty-six and
thirty-seven of section twenty-five hundred ninety-h of this article,

(h) subject to subdivisions thirty-six and thirty-seven of section
twenty-five hundred nine-h of this article, identifying and purchasing
equipment and supplies that can be purchased for less than if purchased
through purchasing arrangements entered into through the city board, the
chancellor or the superintendent,

(i) to manage and operate the school building and other facilities
under its jurisdiction.

2. (a) The principal may be removed or transferred by the
superintendent or the chancellor for persistent educational failure of
the school or other cause. Removals may be caused pursuant to section
three thousand twenty-a of this chapter if applicable. Transfers may be
caused pursuant to subdivision twenty-five of section twenty-five
hundred ninety-h of this article. Any such removal or transfer may be
appealed to the city board, during which time the superintendent may
appoint an acting principal subject to the approval of the chancellor.
Provided however that such appointee must meet qualifications pursuant
to paragraph (d) of this subdivision. Persistent educational failure of
the school shall be defined in regulations of the chancellor to include
a pattern of poor or declining achievement; a pattern of poor or
declining attendance; disruption or violence; and continuing failure to
meet chancellor's performance standards or other standards.

(b) The principal may be required by the chancellor or the
superintendent to participate in training or other forms of staff
development or to address identified areas of educational need and
promote student achievement and school performance.

(c) Principals shall be selected consistent with regulations of the
chancellor establishing a process that promotes parental and staff
involvement in the recruitment, screening, interviewing and
recommendation of candidates. Candidates must meet the requirements of
regulations of the chancellor and the city board establishing
educational, managerial, and administrative qualifications, including
evaluation of each candidate's record of performance in comparable
positions. In the case of schools under the jurisdiction of the
community districts, a candidate approved by a community superintendent
may nonetheless, before assuming the position, be rejected by the
chancellor for cause.

3. Provisions for transfer of jurisdiction of high schools. Pursuant
to regulations of the chancellor approved by the city board, any high
school, other than a special senior academic or vocational high school
of city-wide competitive admission, may be transferred from the
jurisdiction of the city board to the jurisdiction of the community
district in which it is located, or from such community district to the
city board, upon the consent of the chancellor and the community
superintendent. In such event, the chancellor and the superintendent
shall promptly take all necessary steps to effectuate the transfer.

* NB Effective June 30, 2024