NY Educ L § 2590-I (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52-A - New York City Community School District System 2590-I - Powers and Duties of Schools; Principals; Provisions for the Transfer of Jurisdiction of High Schools.

* §  2590-i.  Powers and duties of schools; principals; provisions for the transfer of jurisdiction of high schools. 1. The principal shall  be the  administrative  and  instructional leader of the school. Subject to the regulations of the chancellor and applicable  collective  bargaining agreements  and  obligations, the principal shall be responsible for the day to day operation of the school and shall carry out these  duties  in consultation  with  parents,  teachers  and  other staff, and the school based management team pursuant to section twenty-five  hundred  ninety-h of this article including:  (a)  promote  an  equal  educational  opportunity  for students in the school,  (b) subject to school-based budgeting pursuant to section  twenty-five hundred ninety-r of this article,  (c)  subject  to collective bargaining obligations and agreements, the budget applicable to the  school,  and  the  other  provisions  of  this article  including section twenty-five hundred ninety-j of this article, to  make  recommendation  on  staff  selection,  including  through  the establishment   of   appropriate   objective  criteria  consistent  with chancellor's regulations for filling vacancies based upon  the  school's instructional and facility needs,  (d)  subject  to  the  standards  and  assessments  promulgated by the chancellor,  to  develop  school-based   curricula   and   syllabi   for instruction, and to address other matters relating to the instruction of students,  including  the  selection of texts from lists approved by the chancellor and instructional materials, consistent with  regulations  of the  commissioner, and subject to the approval of the superintendent, or chancellor in the case of schools under the  jurisdiction  of  the  city board,  (e)   subject  to  the  approval  of  the  superintendent,  or,  where appropriate,  the  chancellor  and  within  the  limits  of  funds  made available therefor, to enhance teacher and staff development relevant to increasing  student  achievement,  support extended day programs, school reform programs, and pupil-support services,  (f) enhance pupil support services by coordinating related programs,  (g) to  make  or  arrange  for  minor  repairs  as  delegated  by  the chancellor  or superintendent pursuant to regulations of the chancellor, or as otherwise authorized by law subject to subdivisions thirty-six and thirty-seven of section twenty-five hundred ninety-h of this article,  (h) subject to subdivisions thirty-six  and  thirty-seven  of  section twenty-five hundred ninety-h of this article, identifying and purchasing equipment  and supplies that can be purchased for less than if purchased through purchasing arrangements entered into through the city board, the chancellor or the superintendent,  (i) to manage and operate the school  building  and  other  facilities under its jurisdiction.   2.   (a)   The   principal  may  be  removed  or  transferred  by  the superintendent or the chancellor for persistent educational  failure  of the  school  or  other cause. Removals may be caused pursuant to section three thousand twenty-a of this chapter if applicable. Transfers may  be caused  pursuant  to  subdivision  twenty-five  of  section  twenty-five hundred ninety-h of this article. Any such removal or  transfer  may  be appealed  to  the  city  board, during which time the superintendent may appoint an acting principal subject to the approval of  the  chancellor. Provided  however  that such appointee must meet qualifications pursuant to paragraph (c) of this subdivision. Persistent educational failure  of the  school shall be defined in regulations of the chancellor to include a pattern of poor  or  declining  achievement;  a  pattern  of  poor  or  declining  attendance; disruption or violence; and continuing failure to meet chancellor's performance standards or other standards.  (b)   The   principal  may  be  required  by  the  chancellor  or  the superintendent to participate  in  training  or  other  forms  of  staff development  or  to  address  identified  areas  of educational need and promote student achievement and school performance.  (c) Principals shall be selected consistent with  regulations  of  the chancellor  establishing  a  process  that  promotes  parental and staff involvement   in   the   recruitment,   screening,   interviewing    and recommendation  of  candidates. Candidates must meet the requirements of regulations of the chancellor establishing educational, managerial,  and administrative  qualifications, including evaluation of each candidate's record of performance in comparable positions. In the  case  of  schools under  the jurisdiction of the community districts, a candidate approved by a community superintendent pursuant to paragraph (e)  of  subdivision one  of  section  twenty-five  hundred  ninety-f  of  this  article  may nonetheless, before assuming the position, be rejected by the chancellor for cause. In the case of schools not  under  the  jurisdiction  of  the community  districts,  the  chancellor  shall  additionally consult with members of the school  based  management  team  prior  to  appointing  a principal candidate to any such school.   3.  Provisions  for transfer of jurisdiction of high schools. Pursuant to regulations of the chancellor approved by the city  board,  any  high school,  other  than a special senior academic or vocational high school of  city-wide  competitive  admission,  may  be  transferred  from   the jurisdiction  of  the  city  board  to the jurisdiction of the community district in which it is located, or from such community district to  the city  board,  upon  the  consent  of  the  chancellor  and the community superintendent. In such event, the  chancellor  and  the  superintendent shall promptly take all necessary steps to effectuate the transfer.   * NB Effective until June 30, 2022   * §  2590-i.  Powers and duties of schools; principals; provisions for the transfer of jurisdiction of high schools. 1. The principal shall  be the  administrative  and  instructional leader of the school. Subject to the regulations of the chancellor and applicable  collective  bargaining agreements  and  obligations, the principal shall be responsible for the day to day operation of the school and shall carry out these  duties  in consultation  with parents, teachers and other staff pursuant to section twenty-five hundred ninety-h of this article including:  (a) promote an equal  educational  opportunity  for  students  in  the school,  (b)  subject to school-based budgeting pursuant to section twenty-five hundred ninety-r of this article,  (c) subject to collective bargaining obligations and  agreements,  the budget  applicable  to  the  school,  and  the  other provisions of this article including section twenty-five hundred ninety-j of this  article, to  make  recommendation  on  staff  selection,  including  through  the establishment  of  appropriate  objective   criteria   consistent   with chancellor's  regulations  for filling vacancies based upon the school's instructional and facility needs,  (d) subject to  the  standards  and  assessments  promulgated  by  the chancellor,   to   develop   school-based   curricula  and  syllabi  for instruction, and to address other matters relating to the instruction of students, including the selection of texts from lists  approved  by  the chancellor  and  instructional materials, consistent with regulations of the commissioner, and subject to the approval of the superintendent,  or chancellor  in  the  case  of schools under the jurisdiction of the city board,  (e)  subject  to  the  approval  of  the  superintendent,  or,   where appropriate,  the  chancellor  and  within  the  limits  of  funds  made available therefor, to enhance teacher and staff development relevant to increasing student achievement, support extended  day  programs,  school reform programs, and pupil-support services,  (f) enhance pupil support services by coordinating related programs,  (g)  to  make  or  arrange  for  minor  repairs  as  delegated  by the chancellor or superintendent pursuant to regulations of the  chancellor, or as otherwise authorized by law subject to subdivisions thirty-six and thirty-seven of section twenty-five hundred ninety-h of this article,  (h)  subject  to  subdivisions  thirty-six and thirty-seven of section twenty-five hundred nine-h of this article, identifying  and  purchasing equipment  and supplies that can be purchased for less than if purchased through purchasing arrangements entered into through the city board, the chancellor or the superintendent,  (i) to manage and operate the school  building  and  other  facilities under its jurisdiction.   2.   (a)   The   principal  may  be  removed  or  transferred  by  the superintendent or the chancellor for persistent educational  failure  of the  school  or  other cause. Removals may be caused pursuant to section three thousand twenty-a of this chapter if applicable. Transfers may  be caused  pursuant  to  subdivision  twenty-five  of  section  twenty-five hundred ninety-h of this article. Any such removal or  transfer  may  be appealed  to  the  city  board, during which time the superintendent may appoint an acting principal subject to the approval of  the  chancellor. Provided  however  that such appointee must meet qualifications pursuant to paragraph (d) of this subdivision. Persistent educational failure  of the  school shall be defined in regulations of the chancellor to include a pattern of poor  or  declining  achievement;  a  pattern  of  poor  or declining  attendance; disruption or violence; and continuing failure to meet chancellor's performance standards or other standards.  (b)  The  principal  may  be  required  by  the  chancellor   or   the superintendent  to  participate  in  training  or  other  forms of staff development or to address  identified  areas  of  educational  need  and promote student achievement and school performance.  (c)  Principals  shall  be selected consistent with regulations of the chancellor establishing a  process  that  promotes  parental  and  staff involvement    in   the   recruitment,   screening,   interviewing   and recommendation of candidates. Candidates must meet the  requirements  of regulations   of   the   chancellor  and  the  city  board  establishing educational, managerial, and  administrative  qualifications,  including evaluation  of  each  candidate's  record  of  performance in comparable positions. In  the  case  of  schools  under  the  jurisdiction  of  the community  districts, a candidate approved by a community superintendent may nonetheless, before  assuming  the  position,  be  rejected  by  the chancellor for cause.   3.  Provisions  for transfer of jurisdiction of high schools. Pursuant to regulations of the chancellor approved by the city  board,  any  high school,  other  than a special senior academic or vocational high school of  city-wide  competitive  admission,  may  be  transferred  from   the jurisdiction  of  the  city  board  to the jurisdiction of the community district in which it is located, or from such community district to  the city  board,  upon  the  consent  of  the  chancellor  and the community superintendent. In such event, the  chancellor  and  the  superintendent shall promptly take all necessary steps to effectuate the transfer.   * NB Effective June 30, 2022