NY Educ L § 2590-G (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52-A - New York City Community School District System 2590-G - Powers and Duties of the City Board.

* §  2590-g. Powers and duties of the city board. The city board shall advise the chancellor on matters of policy affecting the welfare of  the city  school  district  and  its  pupils.  The  board  shall exercise no executive power and perform no executive  or  administrative  functions. Nothing  herein contained shall be construed to require or authorize the day-to-day supervision or the administration of the  operations  of  any school  within  the  city  school  district of the city of New York. The board shall have the power and duty to:   1. (a) approve standards, policies, and  objectives  proposed  by  the chancellor  directly  related  to  educational  achievement  and student performance;  (b) consider and approve any other standards, policies, and objectives as specifically authorized or  required  by  state  or  federal  law  or regulation;  (c)  approve  all  regulations  proposed by the chancellor or the city board and any amendments made thereto;  (d)  approve  the  educational  facilities  capital  plan,   and   any amendments requiring city board approval pursuant to section twenty-five hundred  ninety-p  of  this  article,  following any applicable hearings conducted by the community district education councils;  (e) approve annual estimates of the total sum of money which it  deems necessary  for the operation of the city district and the capital budget pursuant to section twenty-five hundred ninety-q of this article;  (f) approve the  allocation  of  projected  revenues  among  community districts  and  their  schools  pursuant  to  subdivision  a  of section twenty-five  hundred  ninety-r  of  this  article  and  to  approve  the aggregation  of  the  community district budgets, with a proposed budget for administrative and operational expenditures of the  city  board  and the  chancellor, following a public hearing pursuant to subdivision f of section twenty-five hundred ninety-r of this article;  (g) approve a procurement  policy  for  the  city  district,  and  any amendments made thereto, developed pursuant to subdivision thirty-six of section twenty-five hundred ninety-h of this article; and  (h)  approve  proposals for all school closures or significant changes in school utilization including the  phase-out,  grade  reconfiguration, re-siting,  or co-location of schools, following any hearing pursuant to subdivision two-a  of  section  twenty-five  hundred  ninety-h  of  this article.  If  the  city board approves such a proposal that the relevant community council affirmatively voted against  pursuant  to  subdivision twenty-one  of section twenty-five hundred ninety-e of this article, the board shall provide such council an explanation for its determination.   2. for all purposes, be the  government  or  public  employer  of  all persons  appointed  or  assigned  by  the  city  board  or the community districts;  provided,  however,  that  the  chancellor  shall  have  the authority  to appoint staff pursuant to subdivision forty-one of section twenty-five hundred ninety-h of this article;   2-a. adopt a policy proposed  by  the  chancellor  that  promotes  the recruitment and retention of a workforce at the city district, community district  and  school level that considers the diversity of the students attending the public schools within the city district.  The  city  board shall  review at a regular public meeting an annual report issued by the chancellor outlining the initiatives  taken  to  enhance  diversity  and equity  in recruitment and retention and the impacts of such initiatives to the workforce at the city district,  community  district  and  school level;   3.  serve  as  the  appeal  board  as  provided in section twenty-five hundred ninety-l of this article, and subject to  such  powers,  duties,  and  restrictions  as  were  in effect before the effective date of this section;   4.  subject  to the provisions of section twenty-five hundred ninety-i of this article, maintain such jurisdiction over  city-wide  educational policies  governing  the  special,  academic, vocational, and other high schools authorized by this article before the  effective  date  of  this section as the respective community district education councils maintain over the schools within their jurisdiction, which shall not be construed to require or authorize the day-to-day supervision or the administration of the operations of such schools.   5.  (a)  Approve  any  contract  awarded  by  the city district or the community districts where:  (i)  such  contract  was  let  by  a  procurement  method  other  than competitive sealed bidding pursuant to subdivision thirty-six of section twenty-five  hundred ninety-h of this article, including but not limited to competitive sealed proposals, or sole source contracts;  (ii) such contract provides  for  technical,  consultant  or  personal services;  (iii)  the  value  of  such  contract  exceeds,  or projects an annual expenditure exceeding one million dollars; or  (iv) the value of any contracts awarded to a single entity exceeds one million dollars annually;  (b)  Approve  all  franchises,  revocable  consents,  and  concessions awarded by the city district or the community districts.  (c)  Notwithstanding  paragraphs (a) and (b) of this subdivision, city board approval shall not be required for any contract  with  the  United States  General  Services Administration or any other federal agency, if the price is lower than the prevailing market price,  or  the  New  York state office of general services or any other state agency, if the price is  lower  than  the  prevailing  market price, or for any contract made directly by an individual school.   6. Approve litigation settlements  only  when  such  settlement  would significantly   impact   the   provision   of  educational  services  or programming within the district.   6-a.  Approve  by-laws  for  the  city  board  pursuant   to   section twenty-five hundred ninety-d of this article.   7.  All  items requiring city board approval shall be by a public vote at a regular public meeting, consistent with the requirements  contained within  subdivision  one of section twenty-five hundred ninety-b of this article, and such items shall not become effective until after such vote occurs except as  expressly  authorized  in  subdivision  nine  of  this section.   8.  (a)  Prior  to  the  approval  of  any  proposed  item  listed  in subdivision one of this section, undertake a public  review  process  to afford  the  public  an  opportunity  to submit comments on the proposed item. Such public review process shall include notice of the item  under city  board  consideration  which shall be made available to the public, including  via  the  city  board's  official   internet   website,   and specifically  circulated  to  all  community  superintendents, community district  education  councils,  community  boards,  and   school   based management  teams, at least forty-five days in advance of any city board vote on such  item.  Notice  of  the  proposed  item  under  city  board consideration shall include:  (i)  a  description  of  the  subject,  purpose  and  substance of the proposed item under consideration;  (ii) information regarding where the full text of  the  proposed  item may be obtained;  (iii)  the name, office, address, email and telephone number of a city district representative, knowledgeable on the item under  consideration, from whom any information may be obtained concerning such item;  (iv)  date, time and place of any hearing regarding the proposed item, if applicable;  (v) date, time and place of the city board meeting at which  the  city board will vote on the proposed item; and  (vi)  information  on how to submit written or oral comments regarding the item under consideration.  (b) In the event that a proposed item listed  in  subdivision  one  of this  section  is substantially revised at any time following the public notice provided pursuant to paragraph (a) of this subdivision, the  city board  shall issue a revised public notice. Such revised notice shall be available at least fifteen days in advance of any city board vote on the proposed item, but in no event shall the city board  vote  on  any  such item  within  forty-five  days  from  the initial public notice provided pursuant to paragraph (a) of this subdivision. Revised public notice  of the item under city board consideration shall include:  (i) a description of the subject, purpose and substance of the revised item under consideration;  (ii) identification of all substantial revisions to the item;  (iii) a summary of all public comments received on such item following the initial public notice pursuant to paragraph (a) of this subdivision;  (iv) information regarding where the full text of the revised item may be obtained;  (v)  the  name,  office, address, email and telephone number of a city district representative, knowledgeable on the item under  consideration, from whom any information may be obtained concerning such item;  (vi)  date,  time  and  place  of  any  hearing regarding the item, if applicable;  (vii) date, time and place of the city board meeting at which the city board will vote on the item; and  (viii) information on how to submit written or oral comments regarding the item under consideration.  (c) Following the public review process pursuant to paragraph  (a)  or (b)  of this subdivision but prior to voting on any proposed item listed in subdivision one of this section, the city board shall make  available to  the  public,  including  via  the city board's official internet web site, an assessment of all public comments  concerning  the  item  under consideration  received prior to twenty-four hours before the city board meeting at which such item is subject to a vote. Such  assessment  shall include:  (i)  a  summary  and  an analysis of the issues raised and significant alternatives suggested;  (ii) a statement of the reasons why any significant alternatives  were not incorporated into the proposed item;  (iii)  a  description  of  any  changes made to the proposed item as a result of public comments received; and  (iv) information as to where the full text of any approved item may be obtained.   9. In the event the city  board  or  the  chancellor  determines  that immediate  adoption  of  any  item  requiring  city  board  approval  is necessary for the preservation of  student  health,  safety  or  general welfare  and  that compliance with the requirements of subdivision seven or eight of this section would be contrary to the public interest,  then such  proposed item may be adopted on an emergency basis. The city board or chancellor shall provide written justification for such determination and make such justification publicly available including  via  the  city  board's  official  internet web site. Except as expressly authorized for school closures or significant changes in school  utilizations  pursuant to  paragraph  (f)  of  subdivision two-a of section twenty-five hundred ninety-h  of  this article, all emergency adoptions shall only remain in effect for sixty days, during such time the city board shall comply with the requirements of this subdivision in order for the  adoption  of  the item to become permanent.   10.  Respond,  at  a  regular  public  meeting, to the recommendations raised in the annual reports issued by the city-wide council on  special education,  the  city-wide  council on English language learners and the city-wide council on high schools.   11. Conduct an annual survey to allow  parents,  teachers  and  school personnel  to  evaluate  the  performance  of  the  city  board  and the chancellor with  regards  to  city  district  resources,  oversight  and curriculum.  The results of such survey shall be made publicly available including via the city board's official internet website.   12. Provide information, data, estimates and statistics regarding  all matters  relating  to  the city district as requested by the director of the independent budget office of the city of New York or the comptroller of the city of New York, in a timely fashion.   * NB Effective until June 30, 2022   * § 2590-g. Powers and duties of the city board. The city board  shall advise  the chancellor on matters of policy affecting the welfare of the city school district and its pupils. Except  as  otherwise  provided  by law,  the  board  shall  exercise  no  executive  power  and  perform no executive or administrative functions. The board shall  have  the  power and duty to:   1.   (a)  approve  standards,  policies,  objectives  and  regulations proposed by the chancellor directly related to  educational  achievement and student performance; (b) approve standards, policies, objectives and regulations   directly   related  to  maintaining  the  internal  fiscal integrity of administrative operations by the chancellor, the  community districts  and  the  schools;  and  (c)  consider  and approve any other standards, policies, objectives and regulations at the  request  of  the chancellor,  or otherwise only as specifically authorized or required by state or federal law or regulation;   2. for all purposes, be the  government  or  public  employer  of  all persons  appointed  or  assigned  by  the  city  board  or the community districts;   3. serve as the  appeal  board  as  provided  in  section  twenty-five hundred ninety-l of this article, and subject to such powers, duties and restrictions  as  were  in  effect  before  the  effective  date of this section;   4. subject to the provisions of section twenty-five  hundred  ninety-i of  this article, maintain such jurisdiction over policies governing the special, academic, vocational and other high schools authorized by  this article  before  the  effective  date  of this section as the respective community boards maintain over the schools  within  their  jurisdiction, which  shall  not  be  construed  to require or authorize the day-to-day supervision or the administration of the operations of such schools.   5. (a) Prescribe regulations and bylaws requiring members of the  city board,  the chancellor, and any other officer or employee in schools and programs under the jurisdiction of the city board and the chancellor, to make annual written disclosure to  the  city  board,  of  the  following information:  (i)  the employment by the city school board or any community board of any person related within the third degree of consanguinity or  affinity to  the  person  making disclosure, including the employment of any such  person for which a two-thirds vote was required  under  paragraph  e  of subdivision four of section twenty-five hundred ninety-j of this article with a notation of the date such vote was taken.  (ii)  the  source  of any income, reimbursement, gift or other form of compensation for services rendered together with a description  of  such services.  (b)  Regulations  and  bylaws authorized herein shall apply with equal force and effect to community board members,  community  superintendents and  all  other officers and employees in schools and programs under the jurisdiction of the community boards.  (c) The city board shall review, at least  once  annually,  compliance with   the   requirements  of  subdivisions  five  and  six  of  section twenty-five hundred ninety-e of this article and regulations  or  bylaws prescribed    hereunder.   Any   community   board   member,   community superintendent or other officer or employee required to make  disclosure who  fails to make such disclosure shall be notified in writing of their failure to do so and given thirty days within which to comply.  (d)  Willful  failure  to  make  full  and  timely  disclosure   shall constitute cause for removal from office of any member of the city board or  for any other officer or employee disciplinary action and such other penalty as provided by law.  (e) Disclosures made pursuant  to  the  requirements  herein  and  any notification  of failure to make disclosures shall be made available for public inspection during regular  business  hours  on  regular  business days; and   6.  (a) Prescribe regulations and bylaws requiring members of the city board, the chancellor and, for good cause shown, any  other  officer  or employee  in  schools  and  programs  under the jurisdiction of the city board and the chancellor, to submit to the city board, in the discretion of the city board, financial reports for themselves and their spouses.  (b) The frequency and period of coverage, the designation  of  persons to  submit  such  reports  by  name,  title  or  income  level  or  by a combination thereof, and the content of such reports, including  minimum dollar  amounts,  shall be determined by the city board and such reports may include but not necessarily be limited to the following:  (i) amount and source of income for services rendered, together with a description of such services;  (ii) amount and source of gifts,  capital  gains,  reimbursements  for expenditures, and honoraria;  (iii) investments in securities and real property;  (iv) amount of debts and names of creditors;  (v)  outstanding  loans  and other forms of indebtedness due to person reporting or spouse, by name and amounts;  (vi) trusts and other fiduciary  relationships  and  their  assets  in which a beneficial interest is held.  (c)  Regulations  and  bylaws authorized herein shall apply with equal force and effect to community board members,  community  superintendents and  all  other officers and employees in schools and programs under the jurisdiction of the community boards.  (d)  Willful  failure  to  file  required  financial   reports   shall constitute cause for removal from office of any member of the city board or  for any other officer or employee disciplinary action and such other penalty as provided by law.   * NB Effective June 30, 2022