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

* § 2590-e. Powers and duties of community district education council. Each  community  council  shall  have the following powers and duties to establish educational policies and objectives, not inconsistent with the provisions of this article and the  policies  established  by  the  city board,  with  respect  to  all  pre-kindergarten, nursery, kindergarten, elementary,  intermediate  and  junior  high  schools  and  programs  in connection  therewith  in the community district. The community councils shall have no executive or administrative powers or functions, but shall have the following powers and duties:   3.  promote  achievement  of  educational  standards  and   objectives relating to the instruction of students.   4.  cooperate as required by the chancellor in the removal from office pursuant to section twenty-five hundred ninety-l of this article of  any community council member for willful, intentional or knowing involvement in  the  hiring,  appointment  or  assignment of employees other than as specifically authorized in this article.   5. a. require community council members, the community superintendent, and any other officer or employee in  schools  and  programs  under  the jurisdiction   of   the  community  councils,  to  make  annual  written disclosure, in accordance with regulations and bylaws of the city  board developed  in consultation with the community councils, to the community council and the city board, of the following information:  (1) the employment by the city school board or any  community  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 chapter with a notation of the date such vote was taken.  (2) the source of any income, reimbursement, gift  or  other  form  of compensation  for  services rendered together with a description of such services.  (3) the source of any financial  contribution  made  within  the  year preceding  the  election  or  the term of office of a community district education council member to assist in the election or reelection of such member of the community council, and the amount  of  such  contribution, consistent  with  any  applicable  regulations of the city board and the board of elections.   b. willful or repeated failure to  make  full  and  timely  disclosure shall  constitute  cause  for  removal  from  office  of any member of a community council or for any  other  officer  or  employee  disciplinary action and such other penalty as provided by law.   c.  all written disclosures required hereunder shall be filed with the community council and the city board and shall be available  for  public inspection during regular business hours on regular business days.   6.   require  community  council  members,  candidates  for  community district education councils, the community superintendent and, for  good cause shown, any other officer or employee in schools and programs under the  jurisdiction  of the community councils to submit to the city board and the community councils, in accordance with regulations and bylaws of the city board developed in consultation with  the  community  councils, financial reports for themselves and their spouses.   a. the frequency and period of coverage, the designation of persons to submit  such  reports by name, title or income level or by a combination thereof, and the content  of  such  reports,  including  minimum  dollar amounts, shall be determined by the city board.   b.  willful  or repeated failure to file required financial reports or make other required disclosures shall constitute cause for removal  from office  of any member of a community council or for any other officer or  employee disciplinary action and such other penalty as provided by  law. No  person  may  assume  office  as  a  community council member without previously complying with this subdivision,  subdivision  five  of  this section,  and  with  all  applicable  financial  disclosure requirements promulgated by the board of elections.   7. participate in training and continuing education programs  pursuant to the provisions of this subdivision.  (1)  Community district education council members shall participate in training to acquaint them with  the  powers,  functions  and  duties  of community  council members, as well as the powers of other governing and administering authorities that affect education including the powers  of the  commissioner, city board, chancellor and community superintendents. Such participation shall be completed no later than  three  months  from the  date in which a community council member takes office for the first time.  (2) Each community district education council member shall be required to participate in continuing education programs on an  annual  basis  as defined  by  the  chancellor.  Participation  in  training  pursuant  to paragraph one of this subdivision  by  a  community  district  education council  member  who  takes office for the first time shall be deemed to satisfy the requirements of this subdivision for the first year of  such member's term.  (3)  such training and continuing education programs shall be approved by the chancellor, following consultation with the commissioner, and may be provided by the state  education  department,  the  city  board,  the chancellor  or  a  nonprofit  provider  authorized  by the chancellor to provide such training and continuing education programs.  (4) the chancellor is authorized to promulgate  regulations  regarding providers and their certification, the content and implementation of the training  and  continuing education programs. Any such regulations shall be developed after consultation with the commissioner.  (5) such training and continuing education programs shall  be  offered on  an  annual  basis or more frequently, as needed, to enable community council members to comply with this subdivision.  (6) failure of community council members to comply with  the  training and continuing education requirements mandated by this subdivision shall constitute cause for removal from office pursuant to section twenty-five hundred ninety-1 of this article.   8.  Each  year  prepare  a  school  district  report  card pursuant to regulations of the commissioner, and shall make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required  by law,  making  it  available  for distribution at the annual meeting, and otherwise disseminating it as required by the commissioner. Such  report card  shall  include  measures of the academic performance of the school district, on a school by  school  basis,  and  measures  of  the  fiscal performance of the district, as prescribed by the commissioner. Pursuant to  regulations  of the commissioner, the report card shall also compare these measures  to  statewide  averages  for  all  public  schools,  and statewide  averages  for  public  schools of comparable wealth and need, developed by the commissioner. Such report  card  shall  include,  at  a minimum,   any  information  on  the  school  district  regarding  pupil performance and expenditure per pupil required to  be  included  in  the annual  report  by  the  requests  to  the  governor and the legislature pursuant to section two hundred fifteen-a of this chapter; and any other information  required  by  the  commissioner.   School   districts   (i) identified  as  having  fifteen  percent  or  more  of their students in special education, or (ii) which have fifty percent  or  more  of  their  students  with  disabilities  in  special education programs or services sixty percent or more of the school day in a general education building, or (iii) which have  eight  percent  or  more  of  their  students  with disabilities in special education programs in public or private separate educational settings shall indicate on their school district report card their respective percentages as defined in this paragraph and paragraphs (i) and (ii) of this subdivision as compared to the statewide average.   9.  Subject to paragraph (o) of subdivision one of section twenty-five hundred ninety-f of this article, 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 in actions or proceedings in which the council or any member thereof  is  a defendant or a respondent.   10.  Where  the  district  has  provided  transportation  to  students enrolled  in  such  district  to  a   school   sponsored   field   trip, extracurricular  activity  or  any other similar event, it shall provide transportation  back  to  either  the  point  of  departure  or  to  the appropriate  school in the district, unless the parent or legal guardian of a student  participating  in  such  event  has  provided  the  school district   with   written   notice,  consistent  with  district  policy, authorizing an  alternative  form  of  return  transportation  for  such student  or  unless  intervening  circumstances make such transportation impractical.   In   cases   where   intervening    circumstances    make transportation  of  a  student  back to the point of departure or to the appropriate school in the district impractical, a representative of  the school  district  shall  remain  with  the  student until such student's parent or legal guardian has been (a)  contacted  and  informed  of  the intervening circumstances which make such transportation impractical and (b)  such  student  had  been  delivered  to  his or her parent or legal guardian.   11.  Approve  zoning  lines,  as  submitted  by  the   superintendent, consistent with the regulations of the chancellor, applicable to schools under the jurisdiction of the community district.   12.  Hold  meetings  at  least  every month with the superintendent to discuss the current state of the schools in the  district  and  progress made toward the implementation of the district's comprehensive education plan required by the chancellor.   13.  Review  of  the  district's educational programs and assess their effect on student achievement.   14. Hold public meetings at least every month with the  superintendent during which the public may speak so that parents and the community have a voice and a public forum to air their concerns.   15.   Submit  an  annual  evaluation  of  the  superintendent  to  the chancellor.   16. Submit an annual evaluation consistent with procedures which shall be developed by the chancellor of all  other  instructional  supervisory personnel  who  have  responsibility for more than one school within the district.   17. Hold a public hearing on the  district's  annual  capacity  plans, recommended  by the superintendent and based on data from the chancellor on enrollment/utilization for each school within the district and submit such plan, upon approval by the community council, to the chancellor for his or her approval and implementation.   18. Provide input, as it deems necessary, to the  chancellor  and  the city board on matters of concern to the district.   19.  Liaison  with  school  leadership  teams  as may be necessary and provide assistance to the school leadership teams where possible.    20. Consult on the selection of a community superintendent pursuant to subdivision thirty of  section  twenty-five  hundred  ninety-h  of  this article.   Such  consultation  shall  include  an  opportunity  for  the community council to meet with the final  candidate  or  candidates  the chancellor  is  considering  appointing  and  to provide feedback to the chancellor prior to the appointment being made.   21. Hold  a  joint  public  hearing  with  the  chancellor  or  deputy chancellor,  or  in  the case of a proposed significant change in school utilization the chancellor or his or  her  designee,  and  the  impacted school  based  management  team regarding any proposed school closing or significant change in school utilization, including the phase-out, grade reconfiguration, re-siting, or co-location of  schools,  of  any  public school  located  within  the  community district pursuant to subdivision two-a of section twenty-five hundred ninety-h of this article. Following such hearing, the community council may pass a resolution on whether  to recommend or not recommend to the city board the proposed school closing or  significant  change  in school utilization, and shall transmit it to the city board for its consideration at least seven days in  advance  of any city board vote on such item pursuant to section twenty-five hundred ninety-g  of  this article, provided that the receipt of such resolution from the community council shall not be  a  precondition  for  the  city board to act on the matter.   * NB Effective until June 30, 2022   * §  2590-e.  Powers  and  duties  of community boards. Each community board  shall  have  the  following  powers  and  duties   to   establish educational   policies   and   objectives,  not  inconsistent  with  the provisions of this article and the  policies  established  by  the  city board,  with  respect  to  all  pre-kindergarten, nursery, kindergarten, elementary,  intermediate  and  junior  high  schools  and  programs  in connection  therewith  in  the  community district. The community boards shall have no executive or administrative powers or functions, but shall have the following powers and duties:   1. employ a community superintendent, selected by the  chancellor,  by contract  for  a  term  not  to exceed by more than one year the term of office of the community school board authorizing such contract,  subject to  removal  for  cause,  at  a  salary to be fixed within the budgetary allocation therefor, subject to the provisions  of  subdivision  two  of section  twenty-five  hundred  ninety-j of this article. Consistent with procedures of the chancellor establishing a publicly  inclusive  process for   the   recruitment,   screening  and  selection  of  superintendent candidates, and regulations establishing  educational,  managerial,  and administrative  qualifications  and performance record criteria for such position, the community board shall  select  no  more  than  four  final candidates for superintendent from candidates for appointment, who shall have  been  interviewed  and  screened  by  and  with  the assistance of parents, teachers, representatives  of  school  support  personnel,  and administrators,  and forward such names, to the chancellor for selection together with the reasons for the recommendation of such candidates.  If the  chancellor  should  reject  all  the candidates for written reasons within thirty  days  after  the  receipt  of  the  proposed  names,  the community  board  shall  make another selection of no more than four new names  consistent  with  such  procedures  and  regulations,  until  the chancellor  selects  a  candidate.  The  contract of employment shall be consistent with a model contract promulgated  by  the  chancellor  which shall include provisions for reappointment.   3.   promote  achievement  of  educational  standards  and  objectives relating to the instruction of students.    4. cooperate as required by the chancellor in the removal from  office pursuant  to section twenty-five hundred ninety-l of this article of any community board member for willful, intentional or  knowing  involvement in  the  hiring,  appointment  or  assignment of employees other than as specifically authorized in this article.   5.  a.  require community board members, the community superintendent, and any other officer or employee in  schools  and  programs  under  the jurisdiction of the community boards, to make annual written disclosure, in accordance with regulations and bylaws of the city board developed in consultation  with  the community boards, to the community board and the city board, of the following information:  (1) the employment by the city school board or any community board  of any  person related within the third degree of consanguinity or affinity to the person making disclosure, including the employment  of  any  such person  for  which  a  two-thirds vote was required under paragraph e of subdivision four of section twenty-five hundred ninety-j of this chapter with a notation of the date such vote was taken.  (2) the source of any income, reimbursement, gift  or  other  form  of compensation  for  services rendered together with a description of such services.  (3) the source of any financial  contribution  made  within  the  year preceding the election or the term of office of a community board member to  assist in the election or reelection of such member of the community board,  and  the  amount  of  such  contribution,  consistent  with  any applicable regulations of the city board and the board of elections.   b.  willful  or  repeated  failure  to make full and timely disclosure shall constitute cause for removal  from  office  of  any  member  of  a community board or for any other officer or employee disciplinary action and such other penalty as provided by law.   c.  all written disclosures required hereunder shall be filed with the community board and the city board and shall  be  available  for  public inspection during regular business hours on regular business days.   6.  require  community board members, candidates for community boards, the community superintendent  and,  for  good  cause  shown,  any  other officer  or  employee  in schools and programs under the jurisdiction of the community boards to submit to  the  city  board  and  the  community boards,  in  accordance  with  regulations  and bylaws of the city board developed in consultation with the community boards,  financial  reports for themselves and their spouses, provided that in the case of community board  members  and  candidates  for  community  boards the statement of financial disclosure and the frequency with which it must be filed  must satisfy  at  least  the  requirements  and  standards  for disclosure of section seventy-three-a of the public officers law.   a. the frequency and period of coverage, the designation of persons to submit such reports by name, title or income level or by  a  combination thereof,  and  the  content  of  such  reports, including minimum dollar amounts, shall be determined by the city board.   b. willful or repeated failure to file required financial  reports  or make  other required disclosures shall constitute cause for removal from office of any member of a community board or for any  other  officer  or employee  disciplinary action and such other penalty as provided by law. No person  may  assume  office  as  a  community  board  member  without previously  complying  with  this  subdivision, subdivision five of this section, and  with  all  applicable  financial  disclosure  requirements promulgated by the board of elections.   7.  participate in training and continuing education programs pursuant to the provisions of this subdivision.  (1) Community board members shall participate in training to  acquaint them  with  the powers, functions and duties of community board members, as well as the powers of other governing and  administering  authorities that  affect  education  including  the powers of the commissioner, city board,  chancellor  and  community  superintendents.  Such participation shall be completed no later than six months from the  date  in  which  a community board member takes office for the first time.  (2)  Each  community  board member shall be required to participate in continuing education programs on an  annual  basis  as  defined  by  the chancellor.  Participation in training pursuant to paragraph one of this subdivision by a community board member who takes office for  the  first time shall be deemed to satisfy the requirements of this subdivision for the first year of such member's term.  (3)  such training and continuing education programs shall be approved by the chancellor, following consultation with the commissioner, and may be provided by the state  education  department,  the  city  board,  the chancellor  or  a  nonprofit  provider  authorized  by the chancellor to provide such training and continuing education programs.  (4) the chancellor is authorized to promulgate  regulations  regarding providers and their certification, the content and implementation of the training  and  continuing education programs. Any such regulations shall be developed after consultation with the commissioner.  (5) such training and continuing education programs shall  be  offered on  an  annual  basis or more frequently, as needed, to enable community board members to comply with this subdivision.  (6) failure of community board members to comply with the training and continuing education requirements mandated  by  this  subdivision  shall constitute cause for removal from office pursuant to section twenty-five hundred ninety-1 of this article.   8.  Each  year  prepare  a  school  district  report  card pursuant to regulations of the commissioner, and shall make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of the proposed budget made publicly available as required  by law,  making  it  available  for distribution at the annual meeting, and otherwise disseminating it as required by the commissioner. Such  report card  shall  include  measures of the academic performance of the school district, on a school by  school  basis,  and  measures  of  the  fiscal performance of the district, as prescribed by the commissioner. Pursuant to  regulations  of the commissioner, the report card shall also compare these measures  to  statewide  averages  for  all  public  schools,  and statewide  averages  for  public  schools of comparable wealth and need, developed by the commissioner. Such report  card  shall  include,  at  a minimum,   any  information  on  the  school  district  regarding  pupil performance and expenditure per pupil required to  be  included  in  the annual  report  by  the  requests  to  the  governor and the legislature pursuant to section two hundred fifteen-a of this chapter; and any other information  required  by  the  commissioner.   School   districts   (i) identified  as  having  fifteen  percent  or  more  of their students in special education, or (ii) which have fifty percent  or  more  of  their students  with  disabilities  in  special education programs or services sixty percent or more of the school day in a general education building, or (iii) which have  eight  percent  or  more  of  their  students  with disabilities in special education programs in public or private separate educational settings shall indicate on their school district report card their respective percentages as defined in this paragraph and paragraphs (i) and (ii) of this subdivision as compared to the statewide average.   9.  Subject to paragraph (o) of subdivision one of section twenty-five hundred ninety-f of this article, 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 in actions  or  proceedings  in  which the board or any member thereof is a defendant or a respondent.   10.  Where  the  district  has  provided  transportation  to  students enrolled   in   such   district   to  a  school  sponsored  field  trip, extracurricular activity or any other similar event,  it  shall  provide transportation  back  to  either  the  point  of  departure  or  to  the appropriate school in the district, unless the parent or legal  guardian of  a  student  participating  in  such  event  has  provided the school district  with  written  notice,  consistent   with   district   policy, authorizing  an  alternative  form  of  return  transportation  for such student or unless intervening  circumstances  make  such  transportation impractical.    In    cases   where   intervening   circumstances   make transportation of a student back to the point of  departure  or  to  the appropriate  school in the district impractical, a representative of the school district shall remain  with  the  student  until  such  student's parent  or  legal  guardian  has  been (a) contacted and informed of the intervening circumstances which make such transportation impractical and (b) such student had been delivered  to  his  or  her  parent  or  legal guardian.   * NB Effective June 30, 2022