NY Educ L § 2556 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More 2556 - Buildings, Sites, Et Cetera.

§ 2556. Buildings,  sites,  et  cetera.  1.  A  board  of education is authorized and it shall have power to purchase, repair, remodel, improve or enlarge  school  buildings  or  other  buildings  or  sites,  and  to construct  new  buildings,  subject to such limitations and restrictions and exceptions as are herein provided.   2. Whenever in the judgment of a board of education it is necessary to select a new site, or to enlarge a  present  site,  or  to  designate  a playground  or  recreation  center, or to acquire title to or lease real property for other educational purposes authorized by this chapter, such board may take options on  property  desirable  for  such  purposes  but before  taking  title  thereto  shall  pass  a  resolution  stating  the necessity therefor, describing  by  metes  and  bounds  the  grounds  or territory  desired  for each of such purposes, and estimating the amount of funds necessary therefor. An item for such amount, if funds  are  not available for the purchase or lease of such property, may be included in the  next  annual  budget, if not included in a special budget as herein provided.   3. Whenever in the judgment of a board of education the needs  of  the city  require  a  new  building for school purposes or for recreation or other educational purposes authorized by this chapter, or  when  in  its judgment  a  building should be remodelled or enlarged, such board shall pass a resolution  specifying  in  detail  the  necessity  therefor  and estimating  the  amount of funds necessary for such purpose. An item for such amount, if funds are not available for  the  construction  of  such building,  may be included in the next annual budget, if not included in a special budget as herein provided.   4. No site shall be designated except upon a majority vote of a  board of  education  and  no  building  shall  be  constructed,  remodelled or enlarged until the plans and specifications therefor are approved by the board of education.   5. It shall be unlawful for a schoolhouse to  be  constructed  in  the city  of  New York without an open-air playground attached to or used in connection with the same. Existing playgrounds shall not be sold, leased or transferred, or permanently authorized for other uses such as  school building  construction,  renovation,  placement  or  storage of building materials for such work that would eliminate the use of such  playground space  for  outdoor recreational activities unless a plan is established and implemented to provide suitable and adequate physical activities  or space  to  accommodate the physical and recreational needs of the pupils of such building. The provisions of this subdivision shall not apply  to school  construction  or  renovation activities that occur on or require the use of such playgrounds for a duration of no more than one year.   6. After a site has been selected and plans and specifications  for  a building  thereon  have  been  approved  as  provided herein, a board of education in a city having  a  population  of  more  than  four  hundred thousand but less than one million may, in its discretion, by regulation deliver  such  plans  and  specifications to the common council or other local legislative body which may thereupon, in its discretion,  award  a contract  for  the  erection  of such building in the same manner and in accordance with  the  provisions  of  law  regulating  the  awarding  of contracts for the construction of municipal buildings of such city.   7.  a.  The  board  of  education  of  the  city of New York, with the permission of the department of parks and of the board of estimate,  may construct  schoolhouses  and  school  playgrounds  upon a portion of the public parks in the district east of the Bowery and Catharine street and south of Fourth street in such city.   b. The board of education of the city of New York, with the permission of the department of parks and recreation and of the board of  estimate,  may construct a temporary schoolhouse upon a portion of a public park in the   borough   of   Queens,   commonly  referred  to  as  Equity  Park. Notwithstanding any inconsistent provision of subdivision nine  of  this section,  such  park  land shall revert to the control and management of the department of parks and recreation seven years after the date of the completion of the construction of  such  temporary  schoolhouse  without further action of the board of education or of the board of estimate.   8.  In  a city having a population of one hundred twenty-five thousand or more and less than two hundred fifty thousand  in  which  the  common council,  the  board  of  estimate  and  apportionment  and the board of contract and supply and the commissioner of public works or  other  city officials,  or  any one or more thereof, had the authority under the law in force prior to June eighth, nineteen  hundred  seventeen,  to  erect, remodel, improve, or enlarge school buildings or to purchase supplies or real  property  for  any  school purpose, such officers, board or boards shall continue to possess such powers and duties  and  to  perform  such functions.   9.  When  the real property of a city under the control and management of the board of education is no longer needed for  educational  purposes in the city, such board shall notify the common council of such fact and in  a  city  having  no common council, the council or other legislative body or the commissioners of the sinking fund, and such  common  council or  such  council  or body or such commissioners of the sinking fund, as the case may be, may then sell or dispose of such property in the manner in which other real property owned by the city may be sold  or  disposed of  and  the  proceeds  thereof shall be credited to the funds under the control and administration of the  board  of  education  in  such  city, except  that in a city where the proceeds of such sales were required by statute, in effect prior to June eighth, nineteen hundred seventeen,  to be  paid  to  the  credit of the sinking fund established and maintained therein, the proceeds of such sales shall continue to  be  paid  to  the credit  of  the  sinking  fund  of such city as required by statute, and except that in a city having a  council  or  a  board  of  estimate  and apportionment,  such  council or board may, by resolution, authorize the use of the proceeds of such sale for other municipal purposes.   10. The board of education shall let all contracts for public work and all  purchase  contracts  to  the  lowest   responsible   bidder   after advertisement for bids where so required by section one hundred three of the general municipal law.   10-a.  In  a  city  having  a population of one million or more if the several parts of the work or labor  to  be  done  and/or  the  supplies, materials  and  equipment  to  be  furnished  shall  together involve an expenditure of not more than fifteen thousand dollars, the same  may  be procured  on  order  awarded  to the lowest responsible bidder upon bids submitted without public advertisement under such regulations  as  shall be  made  by  the  board  of  education.  Purchases of two hundred fifty dollars or less may be made without competition.   11. In all contracts by a board of  education,  in  a  city  having  a population  of  one  million  or  more,  for  the  construction, repair, alteration or remodeling of buildings or for the purchase  of  supplies, furniture  or  equipment,  a  stipulation may be inserted for liquidated damages for any breach, failure or delay in the performance thereof; and such board of education is authorized and empowered to remit  the  whole or  any  part  of  such  damages  as  in  its discretion may be just and equitable; and in all suits commenced on any such contracts  or  on  any bond  given  in  connection therewith it shall not be necessary for such board, whether plaintiff or  defendant,  to  prove  actual  or  specific damages  sustained  by  reason of any such breach, failure or delay, but  such stipulation for liquidated damages shall be conclusive and  binding upon all parties.   12.  In  a  city having a population of one million or more a board of education may make rules and regulations governing the qualifications of bidders entering into contracts for the  erection  and  construction  of buildings,  and  for the alteration of buildings when the entire cost of such alteration shall exceed twenty-five thousand dollars.  The  bidding may be restricted to those who shall have qualified prior to the receipt of bids according to standards fixed by the board of education, provided that  notice  or  notices  for the submission of qualifications shall be published in the official publication of the  municipality,  and  in  an appropriate  trade  journal  published  in such city, at least once, not less  than  ten  days  prior  to  the  date  fixed  for  the  filing  of qualifications.   13. A board of education, in a city having a population of one million or  more,  may through its duly designated officers, agents or employees enter upon public or private property for the purpose of making surveys, soundings or test borings necessary for the exercise of  the  powers  or the  performance  of  the  duties,  of such board of education, provided however, that the mayor had formally approved  the  acquisition  of  the real property as a school site.   14.  a.  The  chancellor  of a city school district in a city having a population of one million or more shall  compile  an  inventory  of  and issue  a written report about the outdoor schoolyards in the city school district. Such inventory and report shall:  (i)  identify  each  outdoor   schoolyard   located   at   educational facilities,  as  defined  in  subdivision  nine  of  section twenty-five hundred ninety-a of this  title,  of  the  city  school  district.  Each outdoor  schoolyard shall be identified by the community school district in which the outdoor schoolyard is  located,  its  address,  approximate size and physical condition;  (ii)   identify  which  outdoor  schoolyards  are  used  for  physical education, activity and/or recreation; for each such outdoor schoolyard, a description of how often students of the city school district use  the outdoor schoolyard and any limitations on the uses of the schoolyard;  (iii)  identify  which  outdoor  schoolyards are not used for physical education,  activity  or  recreation.  For  each  such  schoolyard,   an explanation of why it is not being used for physical education, physical activity or recreation by students of the city school district;  (iv) whether each outdoor schoolyard is used and the frequency of such use  during  the  school  day  and  whether  it  is available for use by students or the general public during after school hours;  (v) for each outdoor schoolyard, a description of  the  capital  plans for  construction, placement, renovation and/or reconfiguration thereof, and any plan to increase or decrease the  availability  and  utilization thereof; and  (vi)  any  other  facts,  information  and  recommendations  which the chancellor deems necessary to improve the  outdoor  schoolyards  of  the educational  facilities  of  the city school district. Such improvements shall be those that enhance the physical education, physical and  mental fitness, and well-being of the students of the city school district.   b.  On  or  before  December  thirty-first,  two  thousand twelve, the chancellor shall submit the inventory and report, compiled  pursuant  to paragraph  a  of  this  subdivision,  to  the  governor,  the  temporary president of the senate, the speaker of the assembly, the chairs of  the senate and assembly committees on education, and the department.   c.  For  the  purposes of this subdivision, "outdoor schoolyard" means outdoor space which is located at educational facilities, and is used or  intended to  be  used  by  students  for  physical  education,  physical activity and/or recreation.   15.  a.  The  chancellor  of a city school district in a city having a population of one million or more shall  compile  an  inventory  of  and issue   a   written   report   and   develop  recommendations  regarding transportable classroom  units  ("TCU"  or  also  commonly  known  as  a "trailer"). Such inventory, report and recommendations shall:  (i)  identify  each  transportable  classroom unit located in the city school district. Each transportable classroom unit shall  be  identified by  the  community  school  district in which it is located, its address with identification of any school building it is part of  or  associated with,  its  approximate size, its age, and a description of its physical condition;  (ii) identify the number of students served within each  transportable classroom   unit,  including  the  grade  level  of  such  students,  if applicable, the average class size within each  transportable  classroom unit,  and  a  description  of the amount of the school day the students spend within each transportable classroom unit;  (iii) provide recommendations to minimize the number of  transportable classroom units within the city school district.   b.  On  or  before  December thirty-first, two thousand seventeen, the chancellor shall submit the inventory, report, and  the  recommendations to  minimize the number of transportable classroom units within the city school district, compiled and developed pursuant to paragraph a of  this subdivision, to the governor, the temporary president of the senate, the speaker  of  the  assembly,  the  chairs  of  the  senate  and  assembly committees on education, and the  department.  Annually,  on  or  before December  thirty-first,  the  chancellor  shall  update  such inventory, report and recommendations and  provide  such  updated  information  and recommendations  to the governor, the temporary president of the senate, the speaker of the assembly, the  chairs  of  the  senate  and  assembly committees on education, and the department.