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This entry was published on 2019-04-19
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SECTION 2590-L
Enforcement of applicable law, regulations and directives; establishment of appeal board
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52-A
§ 2590-l. Enforcement of applicable law, regulations and directives;
establishment of appeal board. * 1. (a) If, in the judgment of the
chancellor any community district education council and/or
superintendent fails to comply with any applicable provisions of law,
by-laws, rules or regulations, standards, directives and agreements, he
or she may, in addition to or as an alternative to any other remedies
authorized by this article, including subdivision thirty-one of section
twenty-five hundred ninety-h of this article, issue an order requiring
the community district education council and/or superintendent to cease
its improper conduct or to take required action and consistent with the
provisions of this article and the educational and operational policies
of the city board, may enforce that order by the use of appropriate
means, including:

(i) supersession of the community district education council and/or
superintendent by the chancellor or one or more trustees appointed by
him who may be, notwithstanding any other provision of law, employees of
the city board with respect to those powers and duties or decisions of
such community district education council and/or superintendent deemed
necessary to ensure compliance with the order; and

(ii) suspension or removal of the community district education council
and/or superintendent or any member or members thereof.

(b) Prior to the enforcement of any order authorized under this
section, the chancellor shall provide an opportunity for conciliation,
except that the chancellor without conciliation may suspend or remove
one or more members of a community district education council or a
community superintendent where the conduct (i) is criminal in nature;
(ii) poses an immediate danger to the safety or welfare of students or
any school staff or employee, or (iii) in the judgment of the
chancellor, is contrary to the best interest of the city school
district.

* NB Effective until June 30, 2022

* 1. (a) If, in the judgment of the chancellor any community board
and/or superintendent fails to comply with any applicable provisions of
law, by-laws, rules or regulations, standards, directives and
agreements, he or she may, in addition to or as an alternative to any
other remedies authorized by this article, including subdivision
thirty-one of section twenty-five hundred ninety-h of this article,
issue an order requiring the community board and/or superintendent to
cease its improper conduct or to take required action and consistent
with the provisions of this article and the educational and operational
policies of the city board, may enforce that order by the use of
appropriate means, including:

(i) supersession of the community board and/or superintendent by the
chancellor or one or more trustees appointed by him who may be,
notwithstanding any other provision of law, employees of the city board
with respect to those powers and duties or decisions of such community
board and/or superintendent deemed necessary to ensure compliance with
the order; and

(ii) suspension or removal of the community board and/or
superintendent or any member or members thereof.

(b) Prior to the enforcement of any order authorized under this
section, the chancellor shall provide an opportunity for conciliation,
except that the chancellor without conciliation may suspend or remove
one or more members of a community board or a community superintendent
where the conduct (i) is criminal in nature; (ii) poses an immediate
danger to the safety or welfare of students or any school staff or
employee, or (iii) in the judgment of the chancellor, is contrary to the
best interest of the city school district.

* NB Effective June 30, 2022

2. The community board or any suspended or removed member and/or
superintendent thereof may, within fifteen days after issuance of such
order, file an appeal with the city board acting as an appeal board
pursuant to subdivision ten of section twenty-five hundred ninety-g of
this article.

* 2-a. A member of a community district education council may be
removed upon a finding that the member willfully, intentionally or
knowingly interfered with or was involved in the hiring, appointment or
assignment of employees other than as specifically authorized in this
article. Such a finding, unless judicially overturned pursuant to
article seventy-eight of the civil practice law and rules, shall
permanently disqualify that member from employment, contracting or
membership with or on any community district education council or the
city board or any employment or contractual relationship, direct or
indirect, with the city district, any community district, or any public
school in such districts.

* NB Effective until June 30, 2022

* 2-a. A member of a community school district board may be removed
upon a finding that the member willfully, intentionally or knowingly
interfered with or was involved in the hiring, appointment or assignment
of employees other than as specifically authorized in this article. Such
a finding, unless judicially overturned pursuant to article
seventy-eight of the civil practice law and rules, shall permanently
disqualify that member from employment, contracting or membership with
or on any community board or the city board or any employment or
contractual relationship, direct or indirect, with the city district,
any community district, or any public school in such districts.

* NB Effective June 30, 2022