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

* § 2590-h. Powers and duties of chancellor.  The office of chancellor of the city district is hereby continued. Such chancellor shall serve at the  pleasure of and be employed by the mayor of the city of New York by contract. The chancellor shall meet the requirements of subdivision  one of  section three thousand three of this chapter, provided that a person who has been issued a certificate as superintendent of schools  pursuant to  subdivision  three  of  such  section may serve as chancellor on the basis of such certificate for no longer than six months. The  length  of such contract shall not exceed by more than two years the term of office of  the  mayor authorizing such contract. The chancellor shall receive a salary to  be  fixed  by  the  mayor  within  the  budgetary  allocation therefor. He or she shall exercise all his or her powers and duties in a manner  not  inconsistent with the city-wide educational policies of the city board. The chancellor shall have the following powers and duties as the superintendent of schools and chief executive officer for  the  city district,  which  the  chancellor  shall  exercise  to  promote an equal educational opportunity for all students in  the  schools  of  the  city district,  promote  fiscal  and  educational  equity,  increase  student achievement and school  performance  and  encourage  local  school-based innovation, including the power and duty to:   1. Control and operate:  (a) academic and vocational senior high schools until such time as the same  may  be  transferred  to the jurisdiction of appropriate community district education councils pursuant to this article;  (b) all specialized senior high  schools.  The  special  high  schools shall include the present schools known as:   The  Bronx  High  School  of Science, Stuyvesant High School, Brooklyn Technical High School, Fiorello H. LaGuardia High School  of  Music  and the Arts in the borough of Manhattan, and such further schools which the city board may designate from time to time. The special schools shall be permitted  to maintain a discovery program in accordance with the law in effect on the  date  preceding  the  effective  date  of  this  section; admissions  to the special schools shall be conducted in accordance with the law in effect on the date  preceding  the  effective  date  of  this section;  (c)  all special education programs and services conducted pursuant to this chapter;  (d) subject to the provisions of section twenty-five hundred  ninety-i of this article, devolving powers to the schools, city-wide programs for city-wide services to a substantial number of persons from more than one community district, including transportation; food services; payroll and personnel  functions,  including  pension  and  retirement services; and enforcement of laws  and  regulations  promoting  equal  opportunity  in employment,  access  to  public  accommodations  and  facilities,  equal opportunity  in  education,  and  preventing  and  addressing   unlawful discrimination;  provided,  however,  that a community district may also operate within its district  programs  which  provide  similar  services otherwise authorized by this article.   2. Establish, control and operate new schools or programs of the types specified in subdivision one of this section, or to discontinue any such schools and programs as he or she may determine; provided, however, that the  chancellor  shall  consult  with  the  affected  community district education council before:  (a) substantially expanding or reducing such  an  existing  school  or program within a community district;  (b)  initially  utilizing  a community district school or facility for such a school or program;  (c) instituting any new program within a community district.    2-a. (a) Notwithstanding any other provision to the contrary,  prepare an educational impact statement regarding 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 located within the city district.  (b)  Such  educational  impact  statement  shall include the following information regarding the proposed school closing or significant  change in school utilization:  (i) the current and projected pupil enrollment of the affected school, the prospective need for such school building, the ramifications of such school  closing  or  significant  change  in school utilization upon the community, initial costs and savings resulting from such school  closing or significant change in school utilization, the potential disposability of any closed school;  (ii)  the impacts of the proposed school closing or significant change in school utilization to any affected students;  (iii) an outline of any  proposed  or  potential  use  of  the  school building for other educational programs or administrative services;  (iv) the effect of such school closing or significant change in school utilization    on   personnel   needs,   the   costs   of   instruction, administration, transportation, and other support services;  (v) the type, age, and physical condition  of  such  school  building, maintenance,  and  energy  costs, recent or planned improvements to such school building, and such building's special features;  (vi) the ability of other schools in the affected  community  district to accommodate pupils following the school closure or significant change in school utilization; and  (vii)   information   regarding  such  school's  academic  performance including whether such school has been  identified  as  a  school  under registration  review  or  has  been  identified  as  a  school requiring academic progress, a school in need  of  improvement,  or  a  school  in corrective action or restructuring status.  (c)   Such   educational  impact  statement  shall  be  made  publicly available, including via the city board's official internet website, and a copy shall also be filed with the city board, the  impacted  community council,  community  boards,  community superintendent, and school based management team at least six months in  advance  of  the  first  day  of school in the succeeding school year.  (d)  No  sooner  than  thirty  days, but no later than forty-five days following the filing of the educational impact statement, the chancellor or deputy chancellor, or in the case of a proposed significant change in school utilization the chancellor or his or her designee, shall  hold  a joint  public  hearing  with  the  impacted community council and school based management team, at the school that is  subject  to  the  proposed school  closing  or  significant change in school utilization, and shall allow all interested parties  an  opportunity  to  present  comments  or concerns  regarding the proposed school closing or significant change in school utilization. The chancellor shall  ensure  that  notice  of  such hearing  is widely and conspicuously posted in such a manner to maximize the number  of  affected  individuals  that  receive  notice,  including providing notice to affected parents and students, and shall also notify members  of  the  community  boards  and  the  elected  state  and local officials who represent the affected community district.  (d-1) So long as the revised proposal does not impact any school other than a school that was identified  in  the  initial  educational  impact statement,   the   chancellor,   after   receiving   public  input,  may substantially revise the proposed school closing or  significant  change in  school  utilization  provided  that  the  chancellor shall prepare a  revised  educational  impact  statement,  in  the  form  prescribed   in paragraph (b) of this subdivision, and publish and file such educational impact  statement  in  the same manner as prescribed in paragraph (c) of this  subdivision.  No  sooner than fifteen days following the filing of such revised educational impact  statement,  the  chancellor  or  deputy chancellor, or in the case of a significant change in school utilization the chancellor or his or her designee, shall hold a joint public hearing with the impacted community council and school based management team, at the school that is subject to the proposed school closing or significant change  in  school utilization and shall allow all interested parties an opportunity to present comments and concerns  regarding  such  proposal. The  chancellor  shall  ensure that notice of such hearing is widely and conspicuously posted in such a manner to maximize the number of affected individuals that receive notice, including providing notice to  affected parents  and  students,  and  shall also notify members of the community boards and the elected state  and  local  officials  who  represent  the affected community district.  (e) Except as otherwise provided in paragraph (f) of this subdivision, all   proposed   school   closings  or  significant  changes  in  school utilization shall be approved by the  city  board  pursuant  to  section twenty-five  hundred  ninety-g of this article and shall not take effect until all the provisions of this subdivision have been satisfied and the school year in which such city board approval was granted, has ended.  (f) In the event that the chancellor determines that a school  closing or significant change in school utilization is immediately necessary for the  preservation  of  student  health,  safety  or general welfare, the chancellor may temporarily close a public school or adopt a  significant change in the school's utilization on an emergency basis. Such emergency school  closing  or  significant change in school utilization shall only remain in effect for six months, during such time the  chancellor  shall comply  with  the  requirements  of  this  subdivision in order for such school closure or significant change in  school  utilization  to  extend beyond the six month period.   3.  Subject  to  the  approval  of  the  city board, develop a plan to provide for the establishment of comprehensive high schools  within  the city  district  so that every community district shall have available to its graduates further education and a comprehensive  high  school.  Such plan  may  provide  for  the  conversion of academic and vocational high schools and may be amended or modified from time to time.   4. Appoint teacher-aides for the schools and programs under his or her jurisdiction within the budgetary allocation therefor.   5.  Retain  jurisdiction  over  all  employees  who  are  required  in connection  with  the  performance of duties with respect to the design, construction, operation and maintenance of all school buildings  in  the city school district. Such employees shall have all rights accorded them under  the  provisions  of  the  civil  service law, including manner of appointment, classification, promotion, transfer and  removal  including an  opportunity to be heard provided, however, that each custodian shall be responsible for the performance of his or her duties to the principal of the school who shall be responsible to the district superintendent.   6. Employ or retain counsel subject to the powers and  duties  of  the corporation  counsel  of  the city of New York to be his or her 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 the city board or the chancellor and  one or  more  community  boards,  the  city board or the chancellor shall be represented by the corporation counsel of the city of New York.    7. To  continue  existing  voluntary  programs  or  to  establish  new programs  under  which  students may choose to attend a public school in another community district.   8.   Promulgate   minimum   clear  educational  standards,  curriculum requirements  and  frameworks,  and  mandatory  educational   objectives applicable to all schools and programs throughout the city district, and examine  and  evaluate  periodically  all such schools and programs with respect to  (i) compliance with such educational standards and other requirements, and  (ii) the educational effectiveness of such schools and programs, in  a manner not inconsistent with the policies of the city board.   9.  Furnish  community  district education councils and the city board periodically with the results of such examinations and  evaluations  and to make the same public.   10.  Require  each  community  superintendent to make an annual report covering  all  matters  relating  to  schools   under   the   district's jurisdiction  including,  but  not  limited  to,  the  evaluation of the educational  effectiveness  of  such  schools  and  programs   connected therewith.   11.   Require   such   community   district   education   council   or superintendent to make  such  number  of  periodic  reports  as  may  be necessary to accomplish the purposes of this chapter.   13.  Perform  the  following  functions  throughout the city district; provided, however,  that  the  chancellor  and  any  community  district education  council may agree that any such function may be appropriately performed by the community district education council  with  respect  to the schools and programs under its jurisdiction:  (a) Technical assistance to community districts and schools;  (b)  Such  warehouse space on a regional basis as he or she determines to be necessary or appropriate after  consultation  with  the  community superintendents;  (c) Purchasing services on a city-wide, regional or community district basis subject to subdivision thirty-six of this section;  (d)  Reinforce  and  foster  connections  to  institutions  of  higher education to promote student achievement.   14. Develop and furnish pre-service and in-service  training  programs for  principals  and  other  employees  throughout the city district. In addition, the chancellor shall prepare and annually  update  a  training plan  for  participating  parents,  and  school  personnel,  which shall include, at minimum, such training as may be required  for  exercise  of their  responsibilities,  full  participation  and  compliance  with the provisions of this section. The chancellor shall,  in  addition,  within amounts  appropriated,  allocate  sufficient  funds  directly and to the superintendents for teacher and principal training  to  meet  identified needs for school improvement.   15.  Promote  the  involvement and appropriate input of all members of the school  community  pursuant  to  the  provisions  of  this  article, including parents, teachers, and other school personnel, including:  (a)   establishing   a  parents'  association  or  a  parent-teachers' association in each public school under the  chancellor's  jurisdiction; and  ensuring  that the districts and charter schools located within the city district do the same; the chancellor shall ensure that meetings  of such parents' associations or parent-teachers' associations shall comply with section four hundred fourteen of this chapter;  (b)  pursuant  to a plan prepared in consultation with associations of parents, and representatives of teachers, supervisors, paraprofessionals and other school personnel within the city district, and promulgated  no  later  than  January  thirty-first,  nineteen  hundred ninety-eight, (i) taking all necessary steps to ensure that no later than  October  first, nineteen  hundred  ninety-nine,  the  city  district  and  the community districts  are  in full compliance, and remain in compliance thereafter, with state and  federal  law  and  regulations  concerning  school-based management  and  shared decision-making, including section 100.11 of the commissioner's regulations, in a manner which balances participation  by parents  with  participation  by  school  personnel  in  advising in the decisions devolved to schools pursuant to sections  twenty-five  hundred ninety-i  and  twenty-five  hundred  ninety-r  of this article, and (ii) pursuant to such plan providing for appropriate training to  any  parent and  school personnel who participate in the school based management and shared decision-making process;  (b-1) school based management teams developed  pursuant  to  paragraph (b) of this subdivision shall possess the following powers and duties:  (i)  develop  an  annual  school  comprehensive  educational  plan and consult on the  school-based  budget  pursuant  to  section  twenty-five hundred  ninety-r of this article. Such school comprehensive educational plan shall  be  developed  concurrently  with  the  development  of  the school-based  budget  so  that it may inform the decision-making process and result in the alignment of the comprehensive  educational  plan  and the  school-based budget for the ensuing school year. Such plan shall be submitted to the community superintendent  along  with  the  principal's written   justification   demonstrating  that  the  school-based  budget proposal is aligned with the school's comprehensive educational plan and the school  based  management  team's  response  to  such  justification pursuant  to  paragraph  (h)  of  subdivision one of section twenty-five hundred ninety-f of this article. In the case of specialized,  academic, vocational,  and  other high schools that are not under the jurisdiction of a community superintendent, such  plan  shall  be  submitted  to  the chancellor  pursuant  to  subdivision  e  of section twenty-five hundred ninety-r  of  this  article.  The  chancellor  shall  ensure  that   the comprehensive  educational plan of every school within the city district is easily  accessible  and  be  made  available  for  public  inspection including via the city board's official internet website;  (ii)  hold at least one meeting per month during the school year. Each monthly meeting shall be held at a  time  that  is  convenient  for  the parent representatives;  (iii)  provide  notice of monthly meetings that is consistent with the open meetings law;  (iv)  have  parent  members  of  such  teams   make   recommendations, consistent  with  the  chancellor's regulations, on the selection of the school principal  and  have  all  members  be  consulted  prior  to  the appointment of any principal candidate to its school;  (v)  undergo  initial and ongoing training that will allow its members to carry out their duties effectively;  (vi) dispute any decision made  by  the  principal  to  the  community superintendent  pursuant to section twenty-five hundred ninety-f of this article where members of the school based management  team,  other  than the  principal, reach a consensus that the decision is inconsistent with the goals and policies set forth in the school's existing  comprehensive educational plan; and  (vii)  provide to the community superintendent an annual assessment of the  school  principal's  record  of  developing  an  effective   shared decision-making  relationship with school based management team members; and  (c) developing, in consultation with associations of  parents  in  the city  district,  and  implementing no later than October first, nineteen  hundred ninety-eight, a parental bill of rights which provides  for,  at minimum:  (i)  reasonable  access  by  parents, persons in parental relation and guardians to schools, classrooms, and academic and attendance records of their own children, consistent with federal  and  state  laws,  provided that  such  access does not disrupt or interfere with the regular school process;  (ii) the rights of parents, persons in parental relation and guardians to  take  legal  action  and  appeal  the  decisions   of   the   school administration, as authorized by law;  (iii) the right of parents, persons in parental relation and guardians to have information on their own child's educational materials;  (iv)  access to and information about all public meetings, hearings of the chancellor, the  city  board,  the  community  superintendents,  the community district education councils, and the schools; and  (v)  access  to  information regarding programs that allow students to apply for admission where appropriate to schools outside a student's own attendance zone.   The chancellor shall by rule or regulation provide for the involvement including membership, in  any  parents'  association  or  parent-teacher association  established  pursuant to this subdivision, of a grandparent who is in parental relation to a child who attends a school  within  the jurisdiction  of  the  community  school  district. For purposes of this subdivision, a  grandparent  shall  be  considered  to  be  in  parental relation to a child when such grandparent has assumed care of such child because   such   child's   parents  are  not  available  due  to  death, imprisonment, mental illness, living outside the state,  abandonment  of the  child,  or  other  circumstances.  A  determination  of  whether  a grandparent is in parental relation to a child shall be based  upon  the individual  circumstances surrounding guardianship and custodial care of such child.   16. Promulgate such rules and regulations as he or she  may  determine to  be  necessary  or convenient to accomplish the purposes of this act, not inconsistent with the provisions of this article and  the  city-wide educational policies of the city board.   16-a.  Create  standards,  policies,  and  objectives  and  promulgate regulations  directly  related  to  maintaining  the   internal   fiscal integrity  of administrative operations by the chancellor, the community districts, and the schools.   17. Possess those powers and duties described in  section  twenty-five hundred  fifty-four  of  this title, the exercise of which shall be in a manner not inconsistent with the provisions  of  this  article  and  the city-wide educational policies of the city board.   18.  Possess those powers and duties contained in section nine hundred twelve of this chapter and those provisions of article fifteen  of  this chapter  which  relate  to  non-public  schools, those powers and duties contained in section five  hundred  twenty-two  of  the  New  York  city charter,  and those powers and duties contained in article seventy-three of this chapter, the  exercise  of  which  shall  be  in  a  manner  not inconsistent  with  the  provisions  of  this  article and the city-wide educational policies of the city board.   19. Delegate any of his or her powers and duties to  such  subordinate officers  or  employees  as he or she deems appropriate and to modify or rescind any power and duty so delegated.   20.  Ensure  compliance  with  qualifications  established   for   all personnel  employed  in  the  city  district,  including  the  taking of fingerprints as a prerequisite for licensure and/or employment  of  such personnel.  Every set of fingerprints taken pursuant to this subdivision  shall be promptly submitted to the division of criminal justice services where it shall be appropriately processed. Furthermore, the division  of criminal  justice  services  is authorized to submit the fingerprints to the  federal  bureau  of  investigation  for a national criminal history record check.   21. Perform the functions of the bureau of audit throughout  the  city district, including ensuring compliance with subdivisions thirty-six and thirty-seven of this section.   22.  Establish  uniform  procedures for record keeping, accounting and reporting throughout the city district, including pupil record  keeping, accounting and reporting.   23.  Develop  an  educational  facilities  master  plan, and revisions thereto, as defined in section  twenty-five  hundred  ninety-o  of  this article.   24.  Develop  and implement a five-year educational facilities capital plan, and amendments thereto, as defined in section twenty-five  hundred ninety-p  of  this  article. The chancellor shall also appoint a person, who reports directly to the chancellor or his or her designee, to assist in the development  and  implementation  of  such  plan  and  amendments thereto and to oversee the school buildings program.   25.  On  the  chancellor's  own  initiative,  or  at  the request of a community superintendent, transfer a principal employed by  a  community school  district pursuant to an agreement with the employee organization representing such principals. The chancellor shall establish a procedure for consulting with affected  parents  to  explain  any  such  transfer. Consistent  with  section  twenty-five hundred ninety-i of this article, including without limitation subdivision three thereof, and  subdivision one  thereof  with  respect to the rights and obligations of a school to which a principal is transferred, in addition to any other law providing for the transfer of  principals,  the  chancellor  also  may  cause  the transfer  or  removal  of principals for persistent educational failure, conflicts of interest, and ethics violations, and may require principals to participate in  training  and  other  remedial  programs  to  address identified factors affecting student achievement and school performance.   26.   Establish   educational   and   experience   qualifications  and requirements for all custodial positions including, but not limited  to, custodians  and custodial engineers and develop standards for evaluating the performance of all such individuals, subject to approval of the city board. Such performance standards shall include, but not be limited  to: the cleanliness of facilities; adequacy and timeliness of minor repairs; maintenance  of  good  working  order of facilities and grounds; general facilities improvement; and emergency  services.  The  chancellor  shall promulgate  regulations setting forth the respective responsibilities of the district plant manager, which shall include regular consultation and ongoing reports to the community superintendent, and  the  principal  of each  school  for  evaluating the performance of the custodial employees assigned to his or her  school,  in  accordance  with  such  performance standards,  and  such  performance  evaluations  shall be given dominant weight in any decision  for  the  purposes  of:  advancement;  continued employment;  building  transfers;  and other performance incentives. The responsibility of the principal of each  school  in  the  evaluation  of custodial  employees  may  be  a  matter  for collective bargaining with collective bargaining representatives for principals.   27.  Promulgate  regulations,  in  conjunction  with  each   community superintendent,  establishing  a  plan  for  providing  access to school facilities in each community school district, when not in use for school purposes, in accordance with the  provisions  of  section  four  hundred fourteen  of this chapter. Such plan shall set forth a reasonable system  of fees not to exceed the actual costs and specify that no part  of  any fee shall directly or indirectly benefit or be deposited into an account which inures to the benefit of the custodians or custodial engineers.   29.  Promulgate  regulations establishing educational, managerial, and administrative  qualifications,   performance   record   criteria,   and performance standards for the positions of superintendent and principal.   30.  Select and appoint a community superintendent, in compliance with the qualifications required by subdivision twenty-nine of  this  section and  subject to the provisions of subdivision two of section twenty-five hundred  ninety-j  of  this  article,  and  in  consultation  with   the corresponding  community  district  education council, at a salary to be fixed within the budgetary allocation therefor.   31. Intervene in any district or school which is persistently  failing to  achieve educational results and standards approved by the city board or established by the state board of regents, or has failed  to  improve its  educational results and student achievement in accordance with such standards or state or city board  requirements,  or  in  any  school  or district in which there exists, in the chancellor's judgment, a state of uncontrolled or unaddressed violence. The chancellor may, in addition to exercising  any  other  powers  authorized by this article, require such school principal,  or  district  as  the  case  may  be,  to  prepare  a corrective  action  plan,  with  a timetable for implementation of steps acceptable to the chancellor to reach improvement goals consistent  with city board standards and educational results. The chancellor may require the  school  or district to alter or improve the corrective action plan, or  may  directly  modify  the  plan.  The  chancellor   shall   monitor implementation  of  the  plan,  and,  if the school or district fails to implement it, may supersede any  inconsistent  decision  of  the  school principal,   community   district   education   council   or   community superintendent; assume joint or direct control of the operation  of  the school  or district to implement the corrective action plan; or take any other action authorized by this article. Any action of the chancellor to supercede an inconsistent decision of the  school  principal,  community district  education  council  or  community superintendent, or to assume joint or direct control of the  operation  of  the  school  or  district pursuant  to  this  subdivision  may  be  appealed  to the city board in accordance with section twenty-five hundred ninety-g of this article.   32. Appoint a deputy, for each  borough  of  the  city  of  New  York, responsible  for  coordinating  and  periodically meeting and consulting with  the  borough  president,  the   chancellor   and   the   community superintendents  in the borough on borough-specific issues and issues of borough-wide  significance,  including  the  provision  of  services  in support  of  schools  and  community  districts  such as transportation, purchasing, capital planning, and coordination with municipal  services, and chancellor and city board policy with respect to the high schools.   33.  Require community school board members to participate in training and retraining in order to promote district and school  performance  and student achievement, as a continuing condition for membership.   35.  Take  all  necessary  steps  to  promote  the  effectiveness  and integrity of school-based  budgeting  pursuant  to  section  twenty-five hundred  ninety-r  of this article, including the obligations imposed by subdivision thirty-seven of this section.   36. Develop a procurement policy for the city school district  of  the city  of New York and the community districts and public schools therein to ensure the wise and prudent use of public money in the best  interest of  the  taxpayers of the state; guard against favoritism, improvidence, extravagance, fraud, and  corruption;  and  ensure  that  contracts  are awarded  consistent  with law and on the basis of best value, including,  but  not  limited  to,  the  following  criteria:  quality,   cost   and efficiency.  (a) Such policy shall specifically include:  (i) a competitive sealed bidding process for the awarding of contracts in  which  sealed  bids  are  publicly  solicited  and opened and that a contract is awarded to the lowest responsive, responsible bidder;  (ii)  processes  for  awarding   contracts   using   alternatives   to competitive  sealed  bidding  where  competitive  sealed  bidding is not practicable or not advantageous, in  which  case  the  most  competitive alternative  method  of  procurement,  which  is  appropriate  under the circumstances,  shall  be  used  consistent  with  the  requirements  of subparagraph (vii) of this paragraph;  (iii)  measures  to  enhance  the  ability of minority and women owned business enterprises pursuant to section thirteen hundred  four  of  the New  York  city  charter  and a certified business as defined in section three hundred ten  of  the  executive  law,  including  firms  certified pursuant  to  article fifteen-A of the executive law and firms certified as minority and women owned business  enterprises  pursuant  to  section thirteen  hundred  four  of  the  New  York city charter, to compete for contracts  and  to  ensure  their  meaningful   participation   in   the procurement process. The school district shall have the authority to use the  same  measures,  to  enhance  minority  and  women  owned  business enterprise participation as are  available  to  the  city  of  New  York pursuant  to  article  five-A  of  the  general  municipal  law, section thirteen hundred four of the New York city charter, paragraphs  one  and two  of  subdivision  i  of section three hundred eleven of the New York city charter, and section 6-129 of the administrative code of  the  city of New York;  (iv)  the  manner  for  administering  contracts  and  overseeing  the performance of contracts and contractors;  (v) standards and procedures to be used in determining whether bidders are responsible;  (vi) circumstances  under  which  procurement  may  be  used  for  the provision of technical, consultant or personal services;  (vii)  requiring  written  justification  for the basis, including the efficiency, benefit,  and  necessity,  for  awarding  a  contract  using procurement  methods  other  than  competitive  sealed bidding including competitive sealed proposals and sole source contracts, and for awarding technical,  consultant,  or  personal  services  contracts,  franchises, revocable  consents, or concessions. Such written justification shall be filed with the comptroller of the  city  of  New  York  along  with  the corresponding contract, franchise, revocable consent, or concession;  (viii)  maintaining  a  file  for  every contract franchise, revocable consent,  and  concession  containing  information  pertaining  to   the solicitation,  award and management of every such contract or agreement. Such file shall contain copies of each determination, writing or  filing required by this subdivision and shall be open to public inspection with adequate protection for information which is confidential;  (ix)  a process for the filing of all contracts, franchises, revocable consents, and concessions with the comptroller of the city of New York;  (x) a process for emergency procurement in the case of  an  unforeseen danger  to  life,  safety, property or a necessary service provided that such procurement shall be made with such competition as  is  practicable under  the  circumstances  and that a written determination of the basis for the emergency procurement shall  be  required  and  filed  with  the comptroller  of  the  city  of  New York when such emergency contract is filed with such comptroller; and  (xi) procedures for the fair  and  equitable  resolution  of  contract disputes.  (b)   Consistent   with  the  provisions  of  paragraph  (a)  of  this subdivision such policy shall also include: (i) standards  for  quality, function,  and  utility  of  all  material goods, supplies, and services purchased  by  the  chancellor,  superintendents,   or   schools;   (ii) regulations   which  enable  superintendents  and  schools  to  purchase material  goods,  supplies,  and  services  directly  from  vendors   or suppliers when such products are available at prices or other terms more economically beneficial for the purposes of the acquiring superintendent or  school;  and  (iii)  regulations  shall  include repair services and building supplies, as defined in such regulations, for expenditures from each district's minor repair and purchasing funds  pursuant  to  section twenty-five hundred ninety-r of this article.  (c)  The  chancellor  shall  be  responsible  for  certifying that the procedural  requisites  pursuant  to  this   subdivision   and   section twenty-five hundred ninety-g of this article have been met, prior to the filing   any  contract  awarded  by  a  procurement  method  other  than competitive  sealed  bidding,  or  prior  to   filing   any   technical, consultant, or personal services contract, franchise, revocable consent, or  concession  with  the  comptroller  of  the  city  of  New York. The corporation counsel for the city of New York shall certify prior to  the filing of such contract or agreement with the comptroller of the city of New  York, that the city district has legal authority to award each such contract or agreement.  (d) (i) No contract, franchise, revocable consent or concession  shall be  implemented  until a copy has been filed with the comptroller of the city of New York and either such comptroller has registered it or thirty days have elapsed from the date of filing, whichever is  sooner,  unless an  objection  has  been  filed  pursuant  to subparagraph (iii) of this paragraph, or the comptroller of the city of New York  has  grounds  for not  registering  such  contract or agreement under subparagraph (ii) of this paragraph.  (ii)  Subject  to  the  provisions  of  subparagraph  (iii)  of   this paragraph,  the  comptroller of the city of New York shall register such contract or agreement within thirty days  unless  such  comptroller  has information indicating that:  (1)   there  remains  no  unexpended  and  unapplied  balance  of  the appropriation  or  fund  applicable  thereto,  sufficient  to  pay   the estimated expense of executing such contract or agreement;  (2)  a  certification required pursuant to this paragraph has not been made; or  (3) the proposed vendor has been debarred by the city of New York.  (iii) The comptroller of the city of New York may, within thirty  days of  the  date of filing of the contract, franchise, revocable consent or concession with his or her office, object in writing to the registration of such contract or agreement, if in such comptroller's  judgment  there is sufficient reason to believe that there is possible corruption in the letting of such contract or agreement or that the proposed contractor is involved  in  corrupt activity. Such objection shall be delivered within such thirty day period to the mayor of the  city  of  New  York  setting forth  in  detail  the  grounds  for  the  New  York  city comptroller's determination.  The  mayor  of  the  city  of  New  York   may   require registration  of  the  contract  or  agreement despite the New York city comptroller's objections if the mayor  of  the  city  of  New  York  has responded to such comptroller's objections in writing, indicating:  (1)  the  corrective  actions  if any, that have been taken or will be taken in response to such comptroller's objections, or  (2) the reasons why the mayor of the city of New York  disagrees  with such comptroller's objections.   Such  response by the mayor of the city of New York shall not serve as the basis for further objection by the New York  city  comptroller,  and such  comptroller  shall  register  the  contract,  franchise, revocable consent or concession within ten days of receipt of  the  mayor  of  the city of New York's response.  (e)  The  requirements  of  paragraphs (c) and (d) of this subdivision shall  not  apply  to  an  emergency  contract   awarded   pursuant   to subparagraph (x) of paragraph (a) of this subdivision, provided that the chancellor  shall comply with the requirements of paragraphs (c) and (d) of this subdivision as soon as practicable.   37. Establish guidelines and a system of internal controls,  including internal  administrative controls and internal accounting controls, with provisions for internal audits, as such terms  are  defined  in  section nine  hundred fifty of the executive law. Such system shall also include a system of internal control review designed to identify weaknesses  and identify  actions  to rectify them; a clear and concise statement of the generally applicable management policies and standards made available to each officer and employee relevant to fiscal and expenditure control, in addition  to  education  and  training  efforts   to   ensure   adequate understanding  of  internal control standards and evaluation techniques; and the designation of an internal control officer  for  each  community district,  each  of  whom shall report to the chancellor and the auditor general, to execute a  regular  internal  audit  function,  which  shall operate  in  accordance  with  generally  accepted governmental auditing standards. The internal  auditors  for  the  community  districts  shall operate  in  cooperation  with  the  auditor  general,  appointed by the chancellor, who shall, in addition to  the  functions  of  the  internal auditors, monitor and conduct random audits of school districts at least once   every   two   years   for   fraud,   waste,   and  mismanagement. Notwithstanding any provision of state law or state or city  regulation, the  internal auditors, and the auditor general, shall be entitled, upon their request, to all and any documents and materials bearing  in  their judgment  on  the finances and cost-effectiveness of the schools and the school districts that is in the possession of the  community  districts, the schools, or any officer thereof.   38.  To  exercise  all  of  the  duties  and  responsibilities  of the employing board as set forth in section three thousand twenty-a of  this chapter  with respect to any member of the teaching or supervisory staff of schools under the jurisdiction of the  community  district  education councils.   The   chancellor   shall   exercise   all  such  duties  and responsibilities  for  all  community  districts  or  may  delegate  the exercise of all such duties and responsibilities to all of the community superintendents of the city district.   38-a.  To  exercise  all  of  the  duties  and responsibilities of the employing board as set forth in section three thousand twenty-a of  this chapter  with respect to any member of the teaching or supervisory staff of schools which are not covered under subdivision thirty-eight of  this section.   Provided,   however   that  the  city  board  shall  maintain jurisdiction over any consequence resulting from an employee waiver of a hearing, as provided for in paragraph (d) of subdivision two of  section three thousand twenty-a of this chapter.   ** 39.  (a) Prescribe regulations and by-laws 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 chancellor,  of  the  following information:  (i)  the employment by the city school board or any community district education council 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)  The  chancellor  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 by-laws prescribed in this subdivision. Any community district education council member, community superintendent, or other officer or employee  required to make disclosure, who fails to make such disclosure, shall be notified in  writing  of his or her 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 may be provided by law.  (e) Disclosures made pursuant to the requirements of this  subdivision and  any  notification  of  failure  to  make  disclosures shall be made available for public inspection during regular business hours on regular business days.   ** NB There are 2 sb (39)'s   ** 39. To enter an agreement, in his or her discretion, with the  city of  New  York for the installation and use of school bus photo violation monitoring systems pursuant to section eleven hundred seventy-four-a  of the  vehicle  and  traffic  law,  provided  that  the  purchase,  lease, installation, operation and maintenance, or any other  costs  associated with such cameras shall not be considered an aidable expense pursuant to section thirty-six hundred twenty-three-a of this chapter.   ** NB There are 2 sb (39)'s   ** NB Repealed December 1, 2024   40.  (a)  Prescribe  regulations  and by-laws 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 chancellor, in the discretion of the chancellor, 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 chancellor, 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; and  (vi)  trusts  and  other  fiduciary  relationships and their assets in which a beneficial interest is held.  (c)  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 may be provided by law.   41.  Appoint  and set salaries for staff in non-represented managerial titles.   42. (a) To dispose of such personal property used in the  schools  and other  buildings  of  the  city of New York under the charge of the city board as shall no longer be required for use therein.  Such  disposition shall be made in the name of the city of New York and for such city.  (b)  The  chancellor  may  sell, at prices as may be agreed upon, such manufactured articles or other products of any school of  the  district, day  and  evening,  as  may  not  be utilized by the city board, and all moneys realized by the sale thereof shall be paid into the city treasury and shall at once be appropriated by the city to a special  fund  to  be administered  by  the city board for such purposes as such board, in its discretion, may determine. All other moneys  realized  by  the  sale  of personal property shall be paid into the city treasury and shall at once be appropriated by the city to the special school fund of the city board for use in the borough in which the property sold was situated.  (c)  Such  method  of  disposal  shall  be  deemed not to apply to the disposition of school books pursuant to subdivision forty-three of  this section.   43.  To  dispose  of,  to  the best advantage of the city of New York, either by sale or on the basis of money allowance for waste  paper,  all books  delivered  to  the  several public schools of such city that have been discarded either by reason of being obsolete, no longer required by the course of study, worn by long usage, or mutilated  by  accident.  If disposal  is  made  by  sale, it shall be to the highest bidder, and the money realized shall be paid into the city treasury and shall at once be appropriated by the city to the special school fund of  the  city  board entitled "supplies". If disposal is made on the basis of money allowance for waste paper, it shall be to the highest bidder. Such discarded books may  be  disposed of without public advertisement or entry into a formal contract. Should the discarded books be in such condition that  no  sale or  exchange can be made, or should there be reason to believe that such discarded books have become infected through disease among  the  pupils, or  should  the  superintendent  of  schools certify that such discarded books contain erroneous, inaccurate,  obsolete,  or  antiquated  subject matter, illustrations, maps, charts, or other material, the committee on supplies  of the board of education, if such books cannot be sold, given away, or otherwise salvaged as waste paper without danger to the  public health,  may  authorize  their  destruction  by fire, in which event the superintendent of school supplies shall obtain and file in  his  or  her office  a  certificate that such books have been so destroyed, signed by the principal of the school in which the books are located.   44. To provide the proper book or books in which he or she shall cause the class teachers under the direction and supervision of the  principal to  enter  the  names,  ages, and residences of the pupils attending the school, the name of the parent or guardian of each pupil, and  the  days on  which the pupils shall have attended respectively, and the aggregate attendance of each pupil during the year, and also the  day  upon  which the  school  shall have been visited by the superintendent of schools or by  an  associate  superintendent  of  schools  or   by   an   assistant superintendent,  or  by  members of the city board, or by members of the community district education council, or by any  of  them,  which  entry shall be verified by such oath or affirmation of the principal as may be prescribed  by  the  chancellor.  Such  books  shall be preserved as the property of the chancellor and shall at all times be open to  inspection by  members  of the city board, by members of the community councils and  by the superintendent of schools, or by any associate superintendent  of schools, or by the assistant superintendents.   45.  Make  rules  and  regulations  for  the  conduct,  operation, and maintenance of extra classroom  activities  and  for  the  safeguarding, accounting,  and  audit of all moneys received and derived therefrom. In the case of any extra classroom activity as it shall  deem  proper,  and notwithstanding  the provisions of section twenty-five hundred thirty of this title, it may direct that the moneys received or derived  from  the conduct,  operation,  or maintenance of such an extra classroom activity be deposited with the auditor, who in such event shall be the  treasurer of such an extra classroom activity, the moneys of which are required to be  so  deposited.  In  the procurement of articles and services for the conduct,  operation,  and  maintenance  of  a  cafeteria  or  restaurant service,  the  chancellor  shall  be subject to applicable provisions of law, except that said chancellor  need  not  have  duly  advertised  for estimates  in  order  to  contract  for  such articles or services in an amount exceeding one thousand dollars. The chancellor  shall  also  have power  to  assign any officers or employees to perform such duties as he or she may prescribe in connection with an extra classroom activity  and to  designate  such  officers and employees when so assigned from whom a bond shall be required for faithful performance of their duties  and  to fix the sum in which each such bond shall be given.   46.  To  maintain,  through  such  representatives  as  he  or she may designate, an effective visitation and inspection  of  all  schools  and classes  maintained  in  institutions  controlled  by  the department of correction of the city of New York.   47. To assign, in his or her discretion, one or more employees of  the city   board   to   serve  as  trial  examiner  with  power  to  conduct investigations and hearings on behalf  of  the  chancellor.  Each  trial examiner shall report the result of any such investigation or hearing to the chancellor.   48.   To  hold  a  public  meeting  in  each  community  district,  in conjunction with the community district education council, during a  two year  period,  beginning  with  the  two thousand nine--two thousand ten school year, in order to  report  on  public  school  finances,  student performance,  and  educational goals and priorities of the city district and to  receive  and  respond  to  public  comments  and  concerns.  The chancellor  shall  direct the community superintendent to provide public notice of such  meeting  in  order  to  maximize  the  participation  of parents, students, and all other interested parties.   49.  To  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.   50. To issue an annual report on the  participation  of  minority  and women  owned  business  enterprises  in  the city district's procurement process including the number of contracts awarded to minority and  women owned business enterprises, the percent of contracts awarded to minority and  women  owned  business  enterprises of the total number of all city district contracts, the aggregate value  of  all  contracts  awarded  to minority  and  women  owned business enterprises, and the percent of the aggregate value  of  contracts  awarded  to  minority  and  women  owned business  enterprises  of the total aggregate value of all city district contracts.   51. Propose a  policy  for  city  board  approval  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  chancellor  shall  issue an annual report 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.   52.  To  compile  an inventory of and issue a written report about the outdoor  schoolyards  in  the  city  school  district,  as  required  by subdivision  fourteen  of  section twenty-five hundred fifty-six of this title.   53. To compile an inventory of, issue a written  report,  and  provide recommendations   as   required   by   subdivision  fifteen  of  section twenty-five hundred fifty-six  of  this  title  regarding  transportable classroom units in the city school district.   54.  To establish a charitable fund to receive unrestricted charitable monetary donations made to such fund for use by the city school district for public educational purposes. The  monies  of  such  charitable  fund shall  be deposited and secured in the manner provided by section ten of the general municipal law. The monies of such  charitable  fund  may  be invested  in  the  manner  provided  by  section  eleven  of the general municipal law. Any interest earned or capital gain realized on the money so invested shall accrue to and become part of such fund. At  such  time and  in such amounts as determined by the chancellor, the monies of such charitable fund shall be  transferred  to  the  city  school  district's general  fund for expenditure consistent with the charitable purposes of the fund, provided that the amount of taxes to be levied by the city for any school year shall be determined without regard to any such transfer. The city school district  shall  maintain  an  accounting  of  all  such deposits, interest or capital gain, transfers, and expenditures.   55.  Ensure  that  all  public, nonpublic, and charter school students enrolled in elementary and secondary schools located in the city of  New York  be  provided with additional opportunities to supplement classroom instruction including, but not  limited  to,  visiting  educational  and cultural  sites  and  institutions  such  as a Holocaust museum, African American cultural centers and historical landmarks,  a  Native  American museum,  Asian  American museums and cultural centers, a LatinX American museum, center for  women,  LGBTQ  historical  landmarks,  and  American historical landmarks and monuments.   * NB Effective until June 30, 2022   * §  2590-h. Powers and duties of chancellor. The office of chancellor of the city district is hereby continued. It shall be filled by a person employed by the city board by contract for a term not to exceed by  more than  one  year  the  term  of office of the city board authorizing such contract, subject to removal for cause. The chancellor shall  receive  a salary  to  be  fixed  by the city board within the budgetary allocation therefor. He or she shall exercise all his or her powers and duties in a manner not inconsistent  with  the  policies  of  the  city  board.  The chancellor   shall   have   the  following  powers  and  duties  as  the superintendent of schools and  chief  executive  officer  for  the  city district,  which  the  chancellor  shall  exercise  to  promote an equal educational opportunity for all students in  the  schools  of  the  city district,  promote  fiscal  and  educational  equity,  increase  student achievement and school  performance  and  encourage  local  school-based innovation, including the power and duty to:   1. Control and operate:  (a) academic and vocational senior high schools until such time as the same  may  be  transferred  to the jurisdiction of appropriate community boards pursuant to this article;  (b) all specialized senior high  schools.  The  special  high  schools shall include the present schools known as:    The  Bronx  High  School  of Science, Stuyvesant High School, Brooklyn Technical High School, Fiorello H. LaGuardia High School  of  Music  and the Arts in the borough of Manhattan, and such further schools which the city board may designate from time to time. The special schools shall be permitted  to maintain a discovery program in accordance with the law in effect on the  date  preceding  the  effective  date  of  this  section; admissions  to the special schools shall be conducted in accordance with the law in effect on the date  preceding  the  effective  date  of  this section;  (c)  all special education programs and services conducted pursuant to this chapter;  (d) subject to the provisions of section twenty-five hundred  ninety-i of this article, devolving powers to the schools, city-wide programs for city-wide services to a substantial number of persons from more than one community district, including transportation; food services; payroll and personnel  functions,  including  pension  and  retirement services; and enforcement of laws  and  regulations  promoting  equal  opportunity  in employment,  access  to  public  accommodations  and  facilities,  equal opportunity  in  education,  and  preventing  and  addressing   unlawful discrimination;  provided,  however,  that a community district may also operate within its district  programs  which  provide  similar  services otherwise authorized by this article.   2. Establish, control and operate new schools or programs of the types specified in subdivision one of this section, or to discontinue any such schools and programs as he or she may determine; provided, however, that he shall consult with the affected community board before:  (a)  substantially  expanding  or  reducing such an existing school or program within a community district;  (b) initially utilizing a community district school  or  facility  for such a school or program;  (c) instituting any new program within a community district.   3.  Subject  to  the  approval  of  the  city board, develop a plan to provide for the establishment of comprehensive high schools  within  the city  district  so that every community district shall have available to its graduates further education and a comprehensive  high  school.  Such plan  may  provide  for  the  conversion of academic and vocational high schools and may be amended or modified from time to time.   4. Appoint teacher-aides for the schools and programs under his or her jurisdiction within the budgetary allocation therefor.   5.  Retain  jurisdiction  over  all  employees  who  are  required  in connection  with  the  performance of duties with respect to the design, construction, operation and maintenance of all school buildings  in  the city school district. Such employees shall have all rights accorded them under  the  provisions  of  the  civil  service law, including manner of appointment, classification, promotion, transfer and  removal  including an  opportunity to be heard provided, however, that each custodian shall be responsible for the performance of his duties to the principal of the school who shall be responsible to the district superintendent.   6. Employ or retain counsel subject to the powers and  duties  of  the corporation  counsel  of  the city of New York to be his or her 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 the city board or the chancellor and  one or  more  community  boards,  the  city board or the chancellor shall be represented by the corporation counsel of the city of New York.   7. To  continue  existing  voluntary  programs  or  to  establish  new programs  under  which  students may choose to attend a public school in another community district.    8.  Promulgate  minimum  clear   educational   standards,   curriculum requirements   and  frameworks,  and  mandatory  educational  objectives applicable to all schools and programs throughout the city district, and examine and evaluate periodically all such  schools  and  programs  with respect to  (i) compliance with such educational standards and other requirements, and  (ii)  the educational effectiveness of such schools and programs, in a manner not inconsistent with the policies of the city board.   9. Furnish community boards and the city board periodically  with  the results  of  such  examinations  and  evaluations  and  to make the same public.   10. Require each community superintendent to  make  an  annual  report covering   all   matters   relating  to  schools  under  the  district's jurisdiction including, but  not  limited  to,  the  evaluation  of  the educational   effectiveness  of  such  schools  and  programs  connected therewith.   11. Require such community board or superintendent to make such number of periodic reports as may be necessary to accomplish  the  purposes  of this chapter.   13.  Perform  the  following  functions  throughout the city district; provided, however, that the chancellor and any community board may agree that any such function may be appropriately performed by  the  community board with respect to the schools and programs under its jurisdiction:  (a) Technical assistance to community districts and schools;  (b)  Such  warehouse space on a regional basis as he or she determines to be necessary or appropriate after  consultation  with  the  community superintendents;  (c) Purchasing services on a city-wide, regional or community district basis subject to subdivision thirty-six of this section;  (d)  Reinforce  and  foster  connections  to  institutions  of  higher education to promote student achievement.   14. Develop and furnish pre-service and in-service  training  programs for  principals  and  other  employees  throughout the city district. In addition, the chancellor shall prepare and annually  update  a  training plan  for  participating  parents,  and  school  personnel,  which shall include, at minimum, such training as may be required  for  exercise  of their  responsibilities,  full  participation  and  compliance  with the provisions of this section. The chancellor shall,  in  addition,  within amounts  appropriated,  allocate  sufficient  funds  directly and to the superintendents for teacher and principal training  to  meet  identified needs for school improvement.   15.  Promote  the  involvement and appropriate input of all members of the school  community  pursuant  to  the  provisions  of  this  article, including parents, teachers, and other school personnel, including:  (a)   establishing   a  parents'  association  or  a  parent-teachers' association in each school  under  the  chancellor's  jurisdiction;  and ensuring that the districts do the same;  (b)  pursuant  to a plan prepared in consultation with associations of parents, and representatives of teachers, supervisors, paraprofessionals and other school personnel within the city district, and promulgated  no later  than  January  thirty-first,  nineteen  hundred ninety-eight, (i) taking all necessary steps to ensure that no later than  October  first, nineteen  hundred  ninety-nine,  the  city  district  and  the community districts are in full compliance, and remain in  compliance  thereafter, with  state  and  federal  law  and  regulations concerning school-based management and shared decision-making, including section 100.11  of  the commissioner's  regulations, in a manner which balances participation by  parents with participation  by  school  personnel  in  advising  in  the decisions  devolved  to schools pursuant to sections twenty five hundred ninety-i and twenty-five hundred ninety-r  of  this  article,  and  (ii) pursuant  to  such plan providing for appropriate training to any parent and school personnel who participate in the school-based management  and shared decision-making process; and  (c)  developing,  in  consultation with associations of parents in the city district, and implementing no later than  October  first,  nineteen hundred  ninety-eight,  a parental bill of rights which provides for, at minimum:  (i) reasonable access by parents, persons  in  parental  relation  and guardians to schools, classrooms, and academic and attendance records of their  own  children,  consistent  with federal and state laws, provided that such access does not disrupt or interfere with the  regular  school process;  (ii) the rights of parents, persons in parental relation and guardians to   take   legal   action  and  appeal  the  decisions  of  the  school administration, as authorized by law;  (iii) the right of parents, persons in parental relation and guardians to have information on their own child's educational materials;  (iv) access to and information about all public meetings, hearings  of the  chancellor,  the  city  board,  the  community superintendents, the community boards, and the schools; and  (v) access to information regarding programs that  allow  students  to apply for admission where appropriate to schools outside a student's own attendance zone.   The chancellor shall by rule or regulation provide for the involvement including  membership,  in  any  parents'  association or parent-teacher association established pursuant to this subdivision, of  a  grandparent who  is  in parental relation to a child who attends a school within the jurisdiction of the community school  district.  For  purposes  of  this subdivision,  a  grandparent  shall  be  considered  to  be  in parental relation to a child when such grandparent has assumed care of such child because  such  child's  parents  are  not  available   due   to   death, imprisonment,  mental  illness, living outside the state, abandonment of the  child,  or  other  circumstances.  A  determination  of  whether  a grandparent  is  in parental relation to a child shall be based upon the individual circumstances surrounding guardianship and custodial care  of such child.   16.  Promulgate  such rules and regulations as he or she may determine to be necessary or convenient to accomplish the purposes  of  this  act, not inconsistent with the provisions of this article and the policies of the city board.   17.  Possess  those powers and duties described in section twenty-five hundred fifty-four of this chapter, the exercise of which shall be in  a manner  not  inconsistent  with  the  provisions of this article and the policies of the city board.   18. Possess those powers and duties contained in section nine  hundred twelve  of  this chapter and those provisions of article fifteen thereof which relate to non-public schools, those powers and duties contained in section five hundred twenty-two of the New York city charter  and  those powers  and  duties  contained in article seventy-three of this chapter, the exercise of which shall be in a manner  not  inconsistent  with  the provisions of this article and the policies of the city board.   19.  Delegate  any of his or her powers and duties to such subordinate officers or employees as he or she deems appropriate and  to  modify  or rescind any power and duty so delegated.    20.   Ensure   compliance  with  qualifications  established  for  all personnel employed  in  the  city  district,  including  the  taking  of fingerprints  as  a prerequisite for licensure and/or employment of such personnel. Every set of fingerprints taken pursuant to this  subdivision shall be promptly submitted to the division of criminal justice services where  it shall be appropriately processed. Furthermore, the division of criminal justice services is authorized to submit  the  fingerprints  to the  federal  bureau  of  investigation  for a national criminal history record check.   21. Perform the functions of the bureau of audit throughout  the  city district, including ensuring compliance with subdivisions thirty-six and thirty-seven of this section.   22.  Establish  uniform  procedures for record keeping, accounting and reporting throughout the city district, including pupil record  keeping, accounting and reporting.   23.  Develop  an  educational  facilities  master  plan, and revisions thereto, as defined in section  twenty-five  hundred  ninety-o  of  this article.   24.  Develop  and implement a five-year educational facilities capital plan, and amendments thereto, as defined in section twenty-five  hundred ninety-p  of  this  article. The chancellor shall also appoint a person, who reports directly to the chancellor or his or her designee, to assist in the development  and  implementation  of  such  plan  and  amendments thereto and to oversee the school buildings program.   25.  On  the  chancellor's  own  initiative,  or  at  the request of a community superintendent, transfer a principal employed by  a  community school  district pursuant to an agreement with the employee organization representing such principals. The chancellor shall establish a procedure for consulting with affected  parents  to  explain  any  such  transfer. Consistent  with  section  twenty-five hundred ninety-i of this article, including without limitation subdivision three thereof, and  subdivision one  thereof  with  respect to the rights and obligations of a school to which a principal is transferred, in addition to any other law providing for the transfer of  principals,  the  chancellor  also  may  cause  the transfer  or  removal  of principals for persistent educational failure, conflicts of interest, and ethics violations, and may require principals to participate in  training  and  other  remedial  programs  to  address identified factors affecting student achievement and school performance.   26.   Establish   educational   and   experience   qualifications  and requirements for all custodial positions including, but not limited  to, custodians  and custodial engineers and develop standards for evaluating the performance of all such individuals, subject to approval of the city board. Such performance standards shall include, but not be limited  to: the cleanliness of facilities; adequacy and timeliness of minor repairs; maintenance  of  good  working  order of facilities and grounds; general facilities improvement; and emergency  services.  The  chancellor  shall promulgate  regulations setting forth the respective responsibilities of the district plant manager, which shall include regular consultation and ongoing reports to the community superintendent, and  the  principal  of each  school  for  evaluating the performance of the custodial employees assigned to his or her  school,  in  accordance  with  such  performance standards,  and  such  performance  evaluations  shall be given dominant weight in any decision  for  the  purposes  of:  advancement;  continued employment;  building  transfers;  and other performance incentives. The responsibility of the principal of each  school  in  the  evaluation  of custodial  employees  may  be  a  matter  for collective bargaining with collective bargaining representatives for principals.    27. Develop, in conjunction with each community superintendent, a plan for providing access to  school  facilities  in  each  community  school district,  when  not  in use for school purposes, in accordance with the provisions of section four hundred fourteen of this chapter.  Such  plan shall  set  forth  a  reasonable system of fees not to exceed the actual costs and specify that no part of any fee shall directly  or  indirectly benefit  or  be deposited into an account which inures to the benefit of the custodians or custodial engineers.   28.  Establish,  subject  to  the  approval  of  the  city  board,   a publicly-inclusive  process for the recruitment, screening and selection of district superintendent candidates.   29. Promulgate regulations, subject to the approval of the city board, establishing educational, managerial, and administrative qualifications, performance record criteria, and performance standards for the positions of superintendent and principal.   30. Select a community superintendent from candidates  recommended  by community   boards,  based  upon  compliance  with  the  procedures  for selection required by subdivision  twenty-eight  of  this  section,  the qualifications  required by subdivision twenty-nine of this section, and consistent with a model contract developed by the chancellor.   30-a. Remove a community superintendent who fails to comply  with  the provisions of subdivision two of section twenty-five hundred ninety-f of this article.   31.  Intervene in any district or school which is persistently failing to achieve educational results and standards approved by the city  board or  established  by the state board of regents, or has failed to improve its educational results and student achievement in accordance with  such standards  or  state  or  city  board  requirements, or in any school or district in which there exists, in the chancellor's judgment, a state of uncontrolled or unaddressed violence. The chancellor may, in addition to exercising any other powers authorized by  this  article,  require  such school  principal,  or  district  as  the  case  may  be,  to  prepare a corrective action plan, with a timetable  for  implementation  of  steps acceptable  to the chancellor to reach improvement goals consistent with city board standards and educational results. The chancellor may require the school or district to alter or improve the corrective  action  plan, or   may   directly  modify  the  plan.  The  chancellor  shall  monitor implementation of the plan, and, if the  school  or  district  fails  to implement  it,  may  supersede  any  inconsistent decision of the school principal, community board or community superintendent; assume joint  or direct  control  of the operation of the school or district to implement the corrective action plan; or take any other action authorized by  this article.  Any  action  of  the  chancellor  to supercede an inconsistent decision  of  the  school  principal,  community  board   or   community superintendent, or to assume joint or direct control of the operation of the  school  or district pursuant to this subdivision may be appealed to the city board in accordance with section twenty-five  hundred  ninety-g of this article.   32.  Appoint  a  deputy,  for  each  borough  of the city of New York, responsible for coordinating and  periodically  meeting  and  consulting with   the   borough   president,   the  chancellor  and  the  community superintendents in the borough on borough-specific issues and issues  of borough-wide  significance,  including  the  provision  of  services  in support of schools  and  community  districts  such  as  transportation, purchasing,  capital planning, and coordination with municipal services, and chancellor and city board policy with respect to the high schools.    33. Require community school board members to participate in  training and  retraining  in order to promote district and school performance and student achievement, as a continuing condition for membership.   35.  Take  all  necessary  steps  to  promote  the  effectiveness  and integrity of school-based  budgeting  pursuant  to  section  twenty-five hundred  ninety-r  of this article, including the obligations imposed by subdivision thirty-seven of this section.   36. Develop in consultation with the city board, a procurement  policy for  the city school district of the city of New York, and the districts and public schools therein.  Such  policy  shall  ensure  the  wise  and prudent use of public money in the best interest of the taxpayers of the state;  guard  against favoritism, improvidence, extravagance, fraud and corruption; and ensure that contracts are awarded  consistent  with  law and  on  the  basis  of  best  value, including, but not limited to, the following criteria: quality, cost and efficiency. Such policy shall also include: (a) standards for quality, function and utility of all material goods,   supplies   and   services   purchased   by   the    chancellor, superintendents or schools; (b) regulations for the purchase of material goods,  supplies and services by the chancellor, the superintendents and the schools, including clearly articulated procedures  which  require  a clear  statement  of  product specifications, requirements or work to be performed, a documentable process of soliciting bids, proposals or other offers, and a balanced  and  fair  method,  established  in  advance  of receipt  of  offers,  for  evaluating offers and awarding contracts; (c) regulations  which  enable  superintendents  and  schools  to   purchase material goods, supplies and services directly from vendors or suppliers when  such  products  are  available  at  prices  or  other  terms  more economically beneficial for the purposes of the acquiring superintendent or school;  and  (d)  regulations  shall  include  repair  services  and building supplies, as defined in such regulations, for expenditures from each  district's  minor  repair and purchasing funds pursuant to section twenty-five hundred ninety-r of this article.   37. Establish, subject to the approval of the city  board,  guidelines and  a  system  of  internal controls, including internal administrative controls and internal accounting controls, with provisions for  internal audits,  as  such terms are defined in section nine hundred fifty of the executive law. Such system shall  also  include  a  system  of  internal control  review  designed to identify weaknesses and identify actions to rectify them; a clear and concise statement of the generally  applicable management  policies  and  standards  made available to each officer and employee relevant to fiscal and  expenditure  control,  in  addition  to education  and  training  efforts  to  ensure  adequate understanding of internal  control  standards  and   evaluation   techniques;   and   the designation  of an internal control officer for each community district, each of whom shall report to the chancellor and the auditor general,  to execute  a  regular  internal  audit  function  which  shall  operate in accordance with generally accepted governmental auditing standards.  The internal   auditors   for  the  community  districts  shall  operate  in cooperation with  the  auditor  general,  appointed  by  the  chancellor subject to the approval of the city board, who shall, in addition to the functions of the internal auditors, monitor and conduct random audits of school  districts  at  least  once  every two years for fraud, waste and mismanagement. Notwithstanding any provision of state law or state, city or city  board  regulation,  the  internal  auditors,  and  the  auditor general, shall be entitled, upon their request, to all and any documents and   materials   bearing   in   their  judgment  on  the  finances  and cost-effectiveness of the schools and the school districts  that  is  in  the  possession  of the community districts, the schools, or any officer thereof.   38.  to  exercise  all  of  the  duties  and  responsibilities  of the employing board as set forth in section three thousand twenty-a of  this chapter  with respect to any member of the teaching or supervisory staff of  schools  under  the  jurisdiction  of  the  community  boards.   The chancellor  shall  exercise all such duties and responsibilities for all community districts or may delegate the exercise of all such duties  and responsibilities  to  all  of  the community superintendents of the city district.   * NB Effective June 30, 2022