NY Educ L § 2590-F (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52-A - New York City Community School District System 2590-F - Community Superintendents.

* §  2590-f.  Community  superintendents.  1. Subject in every case to powers devolved to principals and schools consistent with this  article, the  community superintendent shall have the following powers and duties as superintendent of schools for the community district, which shall  be exercised  in a manner to ensure the implementation of all provisions of law, rules and regulations relating to the management of the schools and the delivery of instructional services:  (a) to assist  district  schools  in  obtaining  waivers  from  state, federal  and city board regulations where appropriate to promote student achievement and school performance.  (b) to  delegate  any  of  her  or  his  powers  and  duties  to  such subordinate  officers  or  employees of her or his community district as she or he deems appropriate, at his  or  her  sole  discretion,  and  to modify or rescind any power and duty so delegated.  (c)  except  for  the appointment of supervisors pursuant to paragraph (d) of this subdivision, to  appoint,  define  the  duties  of,  assign, promote  and  discharge  all  employees, including teacher-aides, of the community district, and fix their compensation and terms  of  employment within  amounts  appropriated  therefor  and  not  inconsistent with the provisions of this article and any collective bargaining agreement.  (d) to appoint supervisory personnel from  candidates  screened  by  a screening  committee  consistent  with  regulations  of  the  chancellor establishing a process that promotes parental and staff  involvement  in the   recruitment,   screening,   interviewing   and  recommendation  of candidates  and  consistent  with  qualifications  established   through chancellor's regulations.  (e)  to  appoint  or  reject  the  principal  and  assistant principal candidates screened by screening committees, consistent with regulations of the chancellor establishing a  process  that  promotes  parental  and staff  involvement  in  the  recruitment,  screening,  interviewing  and recommendation of candidates, and after consulting with members  of  the school  based  management team. 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 and shall  be  subject  to the  chancellor's  power to reject such appointments pursuant to section twenty-five hundred ninety-h of this article.  (f) to supervise and evaluate, at least annually, the  performance  of principals  for every school in the district with respect to educational effectiveness  and  school  performance,  including   effectiveness   of promoting  student  achievement  and parental involvement, developing an effective shared decision-making  relationship  with  the  school  based management  team,  and  maintaining  school  discipline;  the  community superintendent shall have access to all school records that  he  or  she deems   necessary  and  shall  consider  comments  contained  within  an assessment made  by  the  school  based  management  team,  pursuant  to subparagraph  (vii) of paragraph (b-1) of subdivision fifteen of section twenty-five hundred ninety-h of this article,  when  carrying  out  such evaluations.  (g)  the  authority  to  transfer  or remove principals for persistent educational failure, conflicts of interest, and ethics  violations,  and to  require  principals  to  participate  in training and other remedial programs to address identified factors affecting student achievement and school  performance,  consistent  with  sections   twenty-five   hundred ninety-h,  twenty-five hundred ninety-i and twenty-five hundred ninety-l of this article.  (h) to review, modify and approve school-based budgets proposed by the school,  pursuant  to  section  twenty-five  hundred  ninety-r  of  this  article,  provided however, that the community superintendent shall only approve a school-based budget  proposal  after  certifying  that  it  is sufficiently  aligned  with  its  corresponding  school's  comprehensive educational  plan. The community superintendent shall prescribe the form and manner in which principals  must  submit  written  justification  to demonstrate  that  the  proposed school-based budget is aligned with the school's comprehensive  educational  plan,  and  shall  also  include  a provision  allowing  for  the school based management team to respond to such justification. The  community  superintendent  shall  consider  the principal's  written  justification, along with any response provided by the school based management team, prior to making such certification.  (h-1) to establish a process that allows for school  based  management team  members, other than the principal, to dispute any decision made by the principal where  such  team  members  reach  a  consensus  that  the decision  is inconsistent with the goals and policies set forth in their school's  existing  comprehensive  educational   plan.   The   community superintendent  shall  provide  a  written  response to the school based management team and the principal that includes the information reviewed and the basis for the community superintendent's decision regarding such dispute.  (i) to retain one or more district  fiscal  officers  to  monitor  and report on schools' expenditures pursuant to the school-based budgets.  (j)  within  the  amounts appropriated therefor to administer district minor repair and purchasing funds, and make them  available  to  schools consistent  with  sections  twenty-five  hundred  ninety-i,  twenty-five hundred  ninety-r,  and  subdivisions  thirty-six  and  thirty-seven  of section  twenty-five  hundred ninety-h of this article, for services and supplies provided by the chancellor, the  community  superintendent,  or purchased by the schools, and to provide for minor repairs to all school buildings   and   other   buildings   and  sites  under  the  district's jurisdiction.  (k) subject  to  subdivision  three  of  section  twenty-five  hundred ninety-e  of  this  article  and  this section, to approve or disapprove matters relating to the instruction of students, including the power  to disapprove  school  choices  with  respect to selection of textbooks and other instructional materials.  (l) (1) to  provide  assistance  and  direct  support  to  parents  in accessing  information, addressing concerns and responding to complaints relating to their child's education  that  cannot  be  resolved  at  the school level.  (2)   to   operate  administrative  offices  and  similar  facilities, including social centers, and recreational and extracurricular programs, under the district's jurisdiction, and the duty to support the operation of school facilities. The community  superintendent  shall  establish  a central  office  within  the  district and hire and supervise sufficient staff  to  directly  interact  with  parents,  respond  to   information requests,   receive   input   and   comments,   assist   the   community superintendent in resolving complaints in a timely manner, and  work  to develop   a   cooperative  relationship  with  parents  and  the  school community.  (m) subject to regulations  or  resolutions  of  the  city  board,  to operate cafeteria or restaurant services for pupils and teachers and for the use by the community for school related functions and activities and to  furnish  meals  to  the elderly, sixty years of age or older, of the district. Charges shall  be  sufficient  to  meet  the  direct  cost  of preparing and serving such meals, reducible by available reimbursements.  (n)  to  maintain  discipline  in the educational and other facilities under the jurisdiction of the district, including the duty to assist the schools in maintaining discipline.  (o)  to  employ  or retain counsel subject to the powers and duties of the corporation counsel of the city of New York  to  be  the  district's 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  community  districts  or  between  a community district and the city board, each community  district  may  be represented by its own counsel.  (p)  in  compliance  with  rules  and regulations of the commissioner, promulgated pursuant to section one hundred one-a of  this  chapter,  to give written notice to the family court pursuant to subdivision three of section  seven  hundred  fifty-eight-a  and subdivision three of section 353.6 of the family court act of the desire  of  any  school  under  the jurisdiction  of  the  community  district  to act in the supervision of certain juveniles while performing services for the public good.  (q) to take all necessary steps to ensure the integrity  of  community district  operations,  consistent  with standards, policies, objectives, and regulations of the city district.  (r)  where  so  authorized  by  the  chancellor,   to   exercise   the chancellor's  powers under subdivision thirty-one of section twenty-five hundred ninety-h of this article.  (s) to provide written notice and other related information  described in  subdivision  forty-eight  of section twenty-five hundred ninety-h of this article to every parent of  a  child,  including  a  child  with  a disability,  attending  a  school  under  the jurisdiction of his or her community district education council as directed by the chancellor.  (t) notwithstanding any provisions of law to the contrary, to exercise all of the duties and responsibilities of the  employing  board  as  set forth  in  section three thousand twenty-a of this chapter pursuant to a delegation of the chancellor under section twenty-five hundred  ninety-h of this article.  (u)  to  provide  relevant  data  to  the community district education council to encourage informed and adequate public discussion on  student achievement and the state of each school within the district.  (v)  to  hold  at  least two public forums within the district, during each school year,  for  the  purpose  of  reporting  on  the  district's performance,  including  progress  made  toward  achieving  the district comprehensive educational plan goals, discussing plans for  improvement, and   receiving  parental  and  community  comments  and  concerns;  the community superintendent shall ensure that notice for the public  forums is posted in a manner to maximize the participation of parents, students and  school  personnel  and is specifically circulated to members of the school based management teams, community district education council  and the relevant community boards.  (w)  to  provide  notice of 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 within the community district to all impacted parents,  including information  as  to where a copy of the educational impact statement, or revised educational impact statement if applicable, may be obtained  and the  date of any hearing on such school closure or significant change in school utilization pursuant to subdivision two-a of section  twenty-five hundred ninety-h of this article.   2.  In exercising such powers and duties each community superintendent shall comply with all applicable provisions of law,  by-laws,  rules  or regulations,  directives  or agreements of the chancellor and his or her  community district education council and with the city-wide  educational policies established by the city board and his or her community district education   council,   including   performance  standards  addressed  to administration  and  educational effectiveness, and any requirements for continuing training and education, embodied in standards,  circulars  or regulations  promulgated  by  the  chancellor provided however, that the chancellor shall ensure that community superintendents are  assigned  to tasks  predominantly within their own community districts and that in no event shall community superintendents be assigned any task  which  would impair their ability to exercise the powers and duties enumerated within this  section,  such  as  responding  to parental comments and concerns, appointing and evaluating principals,  approving  school-based  budgets, overseeing  educational instruction, providing access to information and assisting with resolving complaints.   3. No person who has served  as  a  member  of  a  community  district education  council  may  be  employed  by  that  board  or the community superintendent of that district within a period of three years after the termination of  such  service  unless  such  person  qualifies  for  the position pursuant to a competitive examination and applicable provisions of the civil service law.   * NB Effective until June 30, 2022   * §  2590-f.  Community  superintendents.  1. Subject in every case to powers devolved to principals and schools consistent with this  article, the superintendent shall have the following powers and duties:  (a)  to  assist  district  schools  in  obtaining  waivers from state, federal and city board regulations where appropriate to promote  student achievement and school performance.  (b)  to  delegate  any  of  her  or  his  powers  and  duties  to such subordinate officers or employees of her or his  community  district  as she  or he deems appropriate and to modify or rescind any power and duty so delegated.  (c) except for the appointment of supervisors  pursuant  to  paragraph (d)  of  this  subdivision,  to  appoint,  define the duties of, assign, promote and discharge all employees,  including  teacher-aides,  of  the community  district,  and fix their compensation and terms of employment within amounts appropriated  therefor  and  not  inconsistent  with  the provisions of this article and any collective bargaining agreement.  (d)  to  appoint  supervisory  personnel from candidates screened by a committee including parents, teachers, and school support personnel, who shall  be  selected  and  shall  operate  in  a  manner  prescribed   by chancellor's regulations.  (e)  to  appoint  or  reject  the  principal  candidates  screened  by screening  committees,  in  accordance  with  procedures  and   criteria prescribed  by chancellor's regulations, and subject to the chancellor's power to  reject  such  appointments  pursuant  to  section  twenty-five hundred ninety-h of this article.  (f)  to evaluate, at least annually, the performance of principals for every school in the district with respect to  educational  effectiveness and  school  performance,  including  effectiveness of promoting student achievement and parental involvement, and maintaining school discipline.  (g) the authority to transfer  or  remove  principals  for  persistent educational  failure,  conflicts of interest, and ethics violations, and to require principals to participate  in  training  and  other  remedial programs to address identified factors affecting student achievement and school   performance,   consistent  with  sections  twenty-five  hundred ninety-h, twenty-five hundred ninety-i and twenty-five hundred  ninety-l of this article.  (h) to review, modify and approve school-based budgets proposed by the school,  pursuant  to  section  twenty-five  hundred  ninety-r  of  this article.  (i)  to  retain  one  or  more district fiscal officers to monitor and report on schools' expenditures pursuant to the school-based budgets.  (j) within the amounts appropriated therefor  to  administer  district minor  repair  and  purchasing funds, and make them available to schools consistent  with  sections  twenty-five  hundred  ninety-i,  twenty-five hundred  ninety-r,  and  subdivisions  thirty-six  and  thirty-seven  of section twenty-five hundred ninety-h of this article, for  services  and supplies provided by the chancellor, the superintendent, or purchased by the  schools,  and  to provide for minor repairs to all school buildings and other buildings and sites under the district's jurisdiction.  (k) subject  to  subdivision  three  of  section  twenty-five  hundred ninety-e  of  this  article  and  this section, to approve or disapprove matters relating to the instruction of students, including the power  to disapprove  school  choices  with  respect to selection of textbooks and other instructional materials.  (l)  to  operate  administrative  offices  and   similar   facilities, including social centers, and recreational and extracurricular programs, under the district's jurisdiction, and the duty to support the operation of school facilities.  (m)  subject  to  regulations  or  resolutions  of  the city board, to operate cafeteria or restaurant services for pupils and teachers and for the use by the community for school related functions and activities and to furnish meals to the elderly, sixty years of age  or  older,  of  the district.  Charges  shall  be  sufficient  to  meet  the  direct cost of preparing and serving such meals, reducible by available reimbursements.  (n) to maintain discipline in the  educational  and  other  facilities under the jurisdiction of the district, including the duty to assist the schools in maintaining discipline.  (o)  to  employ  or retain counsel subject to the powers and duties of the corporation counsel of the city of New York  to  be  the  district's 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  community  districts  or  between  a community district and the city board, each community  district  may  be represented by its own counsel.  (p)  in  compliance  with  rules  and regulations of the commissioner, promulgated pursuant to section one hundred one-a of  this  chapter,  to give written notice to the family court pursuant to subdivision three of section  seven  hundred  fifty-eight-a  and subdivision three of section 353.6 of the family court act of the desire  of  any  school  under  the jurisdiction  of  the  community  district  to act in the supervision of certain juveniles while performing services for the public good.  (q) to take all necessary steps to ensure the integrity  of  community district  operations,  consistent  with  regulations  promulgated by the chancellor and the city board.  (r)  where  so  authorized  by  the  chancellor,   to   exercise   the chancellor's  powers under subdivision thirty-one of section twenty-five hundred ninety-h of this article.   ** (s)  to  provide  written  notice  and  other  related  information described  in  paragraph (b) of subdivision three of section twenty-five hundred ninety-c of this article to every parent of a child, including a child with a disability, attending a school under  the  jurisdiction  of his or her community board as directed by the chancellor.   ** NB There are 2 par (s)'s    ** (s)  notwithstanding  any  provisions  of  law  to the contrary, to exercise all of the duties and responsibilities of the  employing  board as set forth in section three thousand twenty-a of this chapter pursuant to  a  delegation  of  the  chancellor under section twenty-five hundred ninety-h of this article.   ** NB There are 2 par (s)'s   2.  In exercising such powers and duties each community superintendent shall comply with all applicable provisions of law,  by-laws,  rules  or regulations,  directives or agreements of the city board, the chancellor and his or  her  community  board  and  with  the  educational  policies established  by the city board and his or her community board, including performance  standards  addressed  to  administration  and   educational effectiveness,   and   any  requirements  for  continuing  training  and education, embodied in standards, circulars or  regulations  promulgated by the chancellor.   3.  No  person  who has served as a member of a community board may be employed by that board or the superintendent of that district  within  a period  of three years after the termination of such service unless such person qualifies for the position pursuant to a competitive  examination and applicable provisions of the civil service law.   * NB Effective June 30, 2022