NY Educ L § 2590-B (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52-A - New York City Community School District System 2590-B - Continuation of City Board and Establishment of Community Districts; Establishment of the City-Wide Councils on Special Education, English Language Learners, and High Schools.

* § 2590-b.  Continuation of city board and establishment of community districts; establishment of the city-wide councils on special education, English language learners,  and  high  schools.  1.  (a)  The  board  of education  of the city school district of the city of New York is hereby continued.  (1) (A) Such board of education shall consist  of  thirteen  appointed members:  one  member  to  be appointed by each borough president of the city of New York; and eight members to be appointed by the mayor of  the city of New York.  (B)  Commencing  on  July  first,  two  thousand  twenty, the board of education shall consist of fifteen members: one member to  be  appointed by  each  borough  president  of  the city of New York, one member to be elected by community district education  council  presidents,  and  nine members  to  be  appointed  by  the mayor of the city of New York. On or before December thirty-first,  two  thousand  nineteen,  the  chancellor shall  promulgate  regulations  establishing  a  process  for  community district education council presidents to elect a member  of  the  board, and  processes  for  removal  of such member and for the filling of such position in the  event  of  a  vacancy.  The  first  member  elected  by community   district  education  council  presidents  pursuant  to  such regulations shall take office on July first,  two  thousand  twenty  and shall serve a term that ends on June thirtieth, two thousand twenty-two. Thereafter,  the  member elected by community district education council presidents shall serve for a two year term commencing on July first.  (2) The chancellor shall serve as an ex-officio non-voting  member  of the city board.  (3)  The  city  board  shall  elect its own chairperson from among its voting members.  (4) All appointed members shall serve for terms coterminous  with  the terms  of  their  appointing  authority, provided that any member may be removed at the pleasure of the appointing authority, who  shall  provide written  notice  to  the public explaining the reasons therefor at least ten days in advance of the removal.  (5) Except for the chancellor, no board members shall be  employed  in any  capacity  by the city of New York, or a subdivision thereof, or the city board.  (6) No appointed or elected member of the city board shall also  be  a member,  officer,  or  employee of any public corporation, authority, or commission where the mayor of the city of New York has a majority of the appointments.  (7) Each borough president's appointee shall  be  a  resident  of  the borough  for  which  the  borough  president  appointing  him or her was elected and shall be the parent of a child  attending  a  public  school within the city school district of the city of New York.  (8)  Each  mayoral  appointee  shall be a resident of the city and two shall be parents of a child attending a public school  within  the  city district.  (9)  All  parent members shall be eligible to continue to serve on the city board for two years  following  the  conclusion  of  their  child's attendance at a public school within the city district.  (10)  Any  vacancy  shall  be filled by appointment by the appropriate appointing authority within ninety days of such vacancy.  (11) Notwithstanding any provision of local law, the  members  of  the board  shall  not  have  staff, offices, or vehicles assigned to them or receive compensation for their services, but shall be reimbursed for the actual and necessary expenses incurred by them  in  the  performance  of their duties.  (b)  The city board shall hold at least one regular public meeting per month. At least one regular public meeting shall be held in each borough of the city of New York per year; any additional meetings may be  called at  the  request  of  the  chairperson.  The  city  board shall consider appropriate  public  accommodations  when  selecting  a  venue  so as to maximize participation by parents and the community.  (c) (i) Notice of the time,  place  and  agenda  for  all  city  board regular  public  meetings  shall be publicly provided, including via the city board's official internet web site, and specifically circulated  to all  community  superintendents,  community district education councils, community boards, and  school  based  management  teams,  at  least  ten business days in advance of such meeting.  (ii)  A city board regular public meeting agenda shall be comprised of a list and brief description of the  subject  matter  being  considered, identification  of all items subject to a city board vote, and the name, office, address, email address and telephone number of a  city  district representative,  knowledgeable  on the agenda, from whom any information may be obtained and to whom written comments may be submitted concerning items on such agenda.  (d) The chairperson of the city  board  shall  ensure  that  at  every regular public meeting there is a sufficient period of time to allow for public comment on any topic on the agenda prior to any city board vote.  (e)  Minutes  of  all city board regular public meetings shall be made publicly available, including via the  city  board's  official  internet website,  in  a  timely  manner but no later than the subsequent regular city board meeting.   2. (a) There shall be a community council for each community  district created pursuant to this article.  (b) The city board shall define, adjust, alter, maintain and adopt the boundaries  of the community districts pursuant to this chapter no later than February first, nineteen hundred ninety-five.  There  shall  be  no less than thirty nor more than thirty-seven community districts.  (c)  The  city  board may readjust or alter the districts in such plan only once in every ten years, commencing  with  the  year  two  thousand four.  The  city  board  in  conjunction  with  the  chancellor  and the community council representatives, shall prepare and make public a  plan to ensure the smooth transition of pupils and school personnel, creation of  new  boards, and allocation of school facilities and resources among the districts established pursuant to paragraph (b) of this subdivision. Prior to the adoption of the transition plan, the city board shall  hold one  or  more public hearings in each borough. The city board shall make the transition plan available not less than three weeks before the first such public hearing. Upon  receipt  of  comments,  the  city  board,  in conjunction    with   the   chancellor   and   the   community   council representatives, shall prepare a revised transition plan,  if  necessary and make such plan available to the public for comment.   3. (a) The redistricting advisory study group established prior to the effective  date  of  this  paragraph for the purpose of study and making recommendations on  community  school  district  boundaries,  is  hereby continued and shall perform the duties required herein.  (b)  The study group shall prepare a report containing recommendations for  dividing  the  city  into  no  more  than  thirty-seven   community districts.  (c)  In  preparation of its recommendations for dividing the city into community  districts,  the   study   group   shall   ensure   that   the recommendations  provide  for the most effective delivery of educational services and shall be guided by the following criteria:  (1) each  community  district  shall:  (i)  be  a  suitable  size  for efficient   policy-making   and  economic  management;  (ii)  contain  a reasonable number of pupils; (iii) be compact and contiguous,  contained within  county  lines,  and  to the maximum extent possible, keep intact communities  and neighborhoods; and (iv) bear a rational relationship to geographic areas for which the city  of  New  York  plans  and  provides services;  (2) to the extent possible, keep existing lines intact;  (3)  the  common  and  special  education needs of the communities and school children involved;  (4) effective utilization of existing and planned school facilities;  (5)  minimum   disruption   of   existing   and   planned   elementary school-junior high/middle school-high school feeder patterns;  (6) transportation facilities;  (7)  additional  administrative costs involved in the creation of such new districts; and  (8) ensure fair and effective representation of  racial  and  language groups pursuant to the Voting Rights Act of 1965, as amended;  (9)   notwithstanding   the   provisions   of  this  subparagraph  and subparagraphs one through eight of this paragraph: (i) the residents  of the county of New York in school district ten as it existed prior to the implementation  of  this  paragraph  shall  continue to remain in school district ten as such district  is  comprised;  (ii)  the  boundaries  of community  district  thirty-one  shall  continue  to  remain as they are currently comprised; and (iii) no  county  shall  have  fewer  community school  districts  than  in  existence  on  the  effective  date of this paragraph.  (d) The study group shall hold one or more  public  hearings  in  each borough  before  final  adoption of its recommendations. The study group shall make its recommendations available to the  public  for  inspection and  comment  not  less  than  one  month  before  the first such public hearing. Following its consideration of the  comments  received  on  the recommendations,  the  study group shall prepare a report containing its final recommendations. The study group shall submit its  report  to  the city  board  and make such report available to the public for inspection no later than November first, nineteen hundred ninety-four.  (e) The city board of education shall hold  public  hearings  in  each borough  on  the  recommendations  submitted  by the study group and may adopt, revise or reject in whole or in part  such  recommendations,  or, may  request  the  study  group  to submit adjusted recommendations. The final recommendations shall be adopted by the city board of education no later than February first, nineteen hundred ninety-five to  take  effect July  first,  nineteen  hundred  ninety-six,  provided that such revised boundaries adopted by the city board pursuant to this chapter  shall  be used  for purposes of community school board elections to be held on the first Tuesday in May, nineteen hundred ninety-six.  (f) Provided, however, that the city board may make minor adjustments, (i) to correct errors that may occur in the district  lines  adopted  by the city board, or (ii) upon showing a change in circumstances. Any such limited  revisions  to community school district lines may occur between the effective date of this paragraph and  the  city  board  readjustment scheduled in the year two thousand four.  (g)  No public hearings required pursuant to this subdivision shall be held during the months of July and August. All public hearings shall  be held  at  a  time  and place designated to maximize community and parent participation. Notice of all such public hearings shall be provided in a timely manner to all print and electronic  media  and  shall  be  widely distributed  to  all interested parties, so as to maximize participation  by parents and the community. In addition such notice shall be posted in each school building and district office.   4.  a. There shall be a city-wide council on special education created pursuant to this section. The city-wide  council  on  special  education shall  consist  of  eleven  voting members and one non-voting member, as follows:  (1) nine  voting  members  who  shall  be  parents  of  students  with individualized education programs, to be selected by parents of students with  individualized  education  programs  pursuant  to a representative process developed by the chancellor. Such members shall serve a two year term;  (2) two voting members appointed by the public advocate of the city of New York,  who  shall  be  individuals  with  extensive  experience  and knowledge  in  the areas of educating, training or employing individuals with handicapping conditions and will make a significant contribution to improving special education in the city  district.  Such  members  shall serve a two year term; and  (3)  one  non-voting  member  who  is  a  high  school  senior with an individualized  education  program,  appointed  by   the   administrator designated  by  the  chancellor to supervise special education programs. Such member shall serve a one year term.   b. The city-wide council on special education shall have the power to:  (1) advise and comment on  any  educational  or  instructional  policy involving the provision of services for students with disabilities;  (2)  advise  and  comment  on  the  process of establishing committees and/or subcommittees on special education in community school  districts pursuant to section forty-four hundred two of this chapter;  (3)  issue  an annual report on the effectiveness of the city district in  providing  services  to  students  with  disabilities   and   making recommendations,  as  appropriate,  on how to improve the efficiency and delivery of such services; and  (4) hold at least one meeting per month open to the public and  during which the public may discuss issues facing students with disabilities.   c.  Vacancies  shall  be filled for an unexpired term by the city-wide council on special education, pursuant to a  process  developed  by  the chancellor that shall include consultation with parents of students with individualized  educational  programs;  provided  however,  that where a vacancy occurs in a position  appointed  by  the  public  advocate,  the public  advocate  shall  appoint  a member to serve the remainder of the unexpired term.   5. (a) There shall be a city-wide council on English language learners created pursuant to this  section.  The  city-wide  council  on  English language  learners  shall  consist  of  eleven  voting  members  and one non-voting member, as follows:  (i) nine voting members who shall be parents of students who are in  a bilingual  or English as a second language program conducted pursuant to section thirty-two hundred four of this chapter, some  of  whom  may  be parents of students who have been in such a program within the preceding two  years,  to  be  selected  by  parents  of students who receive such services  pursuant  to  a  representative  process  developed   by   the chancellor. Such members shall serve a two year term;  (ii)  two  voting members appointed by the public advocate of the city of New York, who shall be  individuals  with  extensive  experience  and knowledge  in the education of English language learners and will make a significant contribution to improving bilingual and English as a  second language  programs  in the city district. Such members shall serve a two year term; and  (iii) one non-voting member who is a high school senior who is or  has been  in  a bilingual or English as a second language program, appointed by the administrator designated by  the  chancellor  to  supervise  such programs. Such member shall serve a one year term.  (b)  The city-wide council on English language learners shall have the power to:  (i) advise and comment on  any  educational  or  instructional  policy involving bilingual or English as a second language programs;  (ii)  issue an annual report on the effectiveness of the city district in  providing  services  to  English  language   learners   and   making recommendations,  as  appropriate,  on how to improve the efficiency and delivery of such services; and  (iii) hold at least one meeting per  month  open  to  the  public  and during  which  the  public  may  discuss  issues facing English language learners.  (c) Vacancies shall be filled for an unexpired term by  the  city-wide council on English language learners, pursuant to a process developed by the  chancellor that shall include consultation with parents of students who receive services for English language  learners;  provided  however, that  where  a  vacancy  occurs  in  a  position appointed by the public advocate, the public advocate  shall  appoint  a  member  to  serve  the remainder of the unexpired term.   6.  (a)  There  shall  be  a city-wide council on high schools created pursuant to this section. The city-wide council on  high  schools  shall consist  of  thirteen  voting  members  and  one  non-voting  member, as follows:  (i) ten voting members who shall  be  parents  of  students  attending public  high  schools.  For  councils  whose  terms  begin  prior to two thousand twenty, two members representing each borough shall be selected by  presidents  and   officers   of   the   parents'   associations   or parent-teachers'  associations  in  the  relevant borough, pursuant to a process established by the chancellor. For councils whose terms begin in two thousand twenty-one and thereafter, two  members  representing  each borough  shall be parents of public high school students in the relevant borough, pursuant to a  process  established  by  the  chancellor.  Such members  shall  serve a two year term, and shall be eligible to continue serving their term following the conclusion of their child's  attendance at a public high school;  (ii)  one voting member who shall be a parent of a high school student with an individualized education program. Such member shall be appointed by the city-wide council on special education, and  shall  serve  a  two year term;  (iii)  one  voting  member  who  shall  be  a parent of a student in a bilingual or English as a second language program conducted in a  public high  school. Such member shall be appointed by the city-wide council on English language learners, and shall serve a two year term;  (iv) one voting member appointed by the public advocate of the city of New York, who shall be a resident of the city and shall  have  extensive business,  trade,  or education experience and knowledge who will make a significant contribution to improving education in  the  city  district. Such member shall serve for a term of two years; and  (v)  one  non-voting  member  who  is  a  public  high  school senior, appointed by the chancellor pursuant  to  a  process  developed  by  the chancellor.  Such member shall serve a one year term.   Officers of parents' associations or parent-teachers' associations who are  candidates  in  the selection process established by the chancellor pursuant to this subdivision shall not be eligible to cast votes in such  selection process. The association shall elect a member to vote  in  the place of each such officer for purposes of the selection process.  (b) The city-wide council on high schools shall have the power to:  (i)  advise  and  comment  on  any educational or instructional policy involving high schools;  (ii) issue an annual report on the effectiveness of the city  district in   providing   services   to   high   school   students   and   making recommendations, as appropriate, on how to improve  the  efficiency  and delivery of such services; and  (iii)  hold  at  least  one  meeting  per month open to the public and during which the public may discuss issues facing high schools.  (c) Vacancies shall be filled for an unexpired term by  the  city-wide council  on  high  schools,  pursuant  to  a  process  developed  by the chancellor that shall include  consultation  with  parents  of  students attending  public  high  school; provided, however, that where a vacancy occurs in a position  appointed  by  the  public  advocate,  the  public advocate  shall appoint a member to serve the remainder of the unexpired term.   7. (a) Members of the city-wide councils established pursuant to  this section  shall  not be paid a salary or stipend, but shall be reimbursed for all actual and necessary expenses directly related to the duties and responsibilities of the city-wide council on which they serve.  (b) Each such city-wide council may appoint a secretary,  pursuant  to the  policies  of  the  city  board,  who  shall  perform  the following functions:  (i) prepare meeting notices, agendas and minutes;  (ii) record and maintain accounts of proceedings and meetings; and  (iii) prepare  briefing  materials  and  other  related  informational materials for such meetings.   Each  city-wide  council  shall  be  responsible  for the appointment, supervision, evaluation and discharge of the secretary.  (c) No person may serve at the same time on more  than  one  city-wide council  established  pursuant to this section, nor may any person serve at the same time on such a city-wide council and any community  district education council.  (d)  A  member  of  a  city-wide  council established pursuant to this section shall be ineligible to be employed  by  any  such  council,  any community district education council, or the city board.  (e)  No person shall be eligible for membership on a city-wide council established pursuant to this section if he or  she  holds  any  elective public office or any elective or appointed party position except that of delegate  or  alternate delegate to a national, state, judicial or other party convention, or member of a county committee.  (f) A person may  be  permanently  ineligible  for  appointment  to  a city-wide council for any of the following:  (i)  an  act  of malfeasance directly related to his or her service on such city-wide council or community district education council; or  (ii) conviction of a crime, provided that any such conviction shall be considered in accordance with article twenty-three-A of  the  correction law.  (g)  In  addition  to the conditions enumerated in the public officers law creating a vacancy, a member  of  a  city-wide  council  established pursuant  to  this  section  who  refuses  or  neglects  to attend three meetings of such city-wide council of which he or she is duly  notified, without  rendering  in  writing a good and valid excuse therefor vacates his or her office by refusal to serve.  Each  absence  and  any  written excuse rendered shall be included within the official written minutes of  such  meeting.  After the third unexcused absence such city-wide council shall declare a vacancy to the chancellor.   * NB Effective until June 30, 2022   * § 2590-b.  Continuation of city board and establishment of community districts. 1. (a) The board of education of the city school district  of the  city of New York is hereby continued. Such board of education shall consist of seven members, a member  to  be  appointed  by  each  borough president  of  the  city  of New York and two by the mayor. Each borough president appointee shall be a resident of the  borough  for  which  the borough president appointing him was elected. Two members at large shall be  appointed  by  the  mayor  of  the  city  of  New York. Each mayoral appointee shall be a resident of such city. The term of office  of  each member  shall  be four years, commencing the first day of July, nineteen hundred  seventy-four  and  every  four  years  thereafter.  A   vacancy occurring  other  than  by expiration of term of a member appointed by a borough president shall be filled for the unexpired term by  appointment by  the  appropriate  borough president of a person who is a resident of such borough. The mayor shall fill vacancies for an  unexpired  term  of any of his appointees. The president of the board shall be chosen by the members.  Notwithstanding any provision of local law, the members of the board shall receive compensation for their services as follows:  $20,000 for  the  board president and $15,000 for each board member and shall be reimbursed for the actual and necessary expenses incurred by them in the performance of their duties.  (b) The members to be appointed by the  borough  presidents  shall  be appointed  not  earlier  than April first, nineteen hundred seventy-four and not later than June first, nineteen hundred seventy-four  and  their successors thereafter.   The  mayor  of  the  city  of  New  York shall appoint two members not earlier than April first, nineteen hundred seventy-four  and  not  later than  June  first,  nineteen  hundred  seventy-four and their successors thereafter.   2. (a) There shall be a community board for  each  community  district created pursuant to this article.  (b)  The city board shall define adjust, alter, maintain and adopt the boundaries of the community districts pursuant to this chapter no  later than  February  first,  nineteen  hundred ninety-five. There shall be no less than thirty nor more than thirty-seven community districts.  (c) The city board may readjust or alter the districts  in  such  plan only  once  in  every  ten  years, commencing with the year two thousand four. The  city  board  in  conjunction  with  the  chancellor  and  the community school boards council, shall prepare and make public a plan to ensure the smooth transition of pupils and school personnel, creation of new  boards, and allocation of school facilities and resources among the districts established pursuant to paragraph  (b)  of  this  subdivision. Prior  to the adoption of the transition plan, the city board shall hold one or more public hearings in each borough. The city board  shall  make the transition plan available not less than three weeks before the first such  public  hearing.  Upon  receipt  of  comments,  the city board, in conjunction with the chancellor and the community school boards council, shall prepare a revised transition plan, if necessary and make such plan available to the public for comment. A final transition  plan  shall  be adopted  by  the  city  board  by  November  fifteenth, nineteen hundred ninety-five.   3. (a) The redistricting advisory study group established prior to the effective date of this paragraph for the purpose  of  study  and  making recommendations  on  community  school  district  boundaries,  is hereby continued and shall perform the duties required herein.  (b) The study group shall prepare a report containing  recommendations for   dividing  the  city  into  no  more  than  thirty-seven  community districts.  (c)  In  preparation of its recommendations for dividing the city into community  districts,  the   study   group   shall   ensure   that   the recommendations  provide  for the most effective delivery of educational services and shall be guided by the following criteria:  (1) each  community  district  shall:  (i)  be  a  suitable  size  for efficient   policy-making   and  economic  management;  (ii)  contain  a reasonable number of pupils; (iii) be compact and contiguous,  contained within  county  lines,  and  to the maximum extent possible, keep intact communities and neighborhoods; and (iv) bear a rational relationship  to geographic  areas  for  which  the  city  of New York plans and provides services;  (2) to the extent possible, keep existing lines intact;  (3) the common and special education  needs  of  the  communities  and school children involved;  (4) effective utilization of existing and planned school facilities;  (5)   minimum   disruption   of   existing   and   planned  elementary school-junior high/middle school-high school feeder patterns;  (6) transportation facilities;  (7) additional administrative costs involved in the creation  of  such new districts; and  (8)  ensure  fair  and effective representation of racial and language groups pursuant to the Voting Rights Act of 1965, as amended;  (9)  notwithstanding  the  provisions   of   this   subparagraph   and subparagraphs  one through eight of this paragraph: (i) the residents of the county of New York in school district ten as it existed prior to the implementation of this paragraph shall  continue  to  remain  in  school district  ten  as  such  district  is  comprised; (ii) the boundaries of community district thirty-one shall  continue  to  remain  as  they  are currently  comprised;  and  (iii)  no  county shall have fewer community school districts than  in  existence  on  the  effective  date  of  this paragraph.  (d)  The  study  group  shall hold one or more public hearings in each borough before final adoption of its recommendations.  The  study  group shall  make  its  recommendations available to the public for inspection and comment not less  than  one  month  before  the  first  such  public hearing.  Following  its  consideration  of the comments received on the recommendations, the study group shall prepare a report  containing  its final  recommendations.  The  study group shall submit its report to the city board and make such report available to the public  for  inspection no later than November first, nineteen hundred ninety-four.  (e)  The  city  board  of education shall hold public hearings in each borough on the recommendations submitted by  the  study  group  and  may adopt,  revise  or  reject in whole or in part such recommendations, or, may request the study group  to  submit  adjusted  recommendations.  The final recommendations shall be adopted by the city board of education no later  than  February first, nineteen hundred ninety-five to take effect July first, nineteen hundred  ninety-six,  provided  that  such  revised boundaries  adopted  by the city board pursuant to this chapter shall be used for purposes of community school board elections to be held on  the first Tuesday in May, nineteen hundred ninety-six.  (f) Provided, however, that the city board may make minor adjustments, (i)  to  correct  errors that may occur in the district lines adopted by the city board, or (ii) upon showing a change in circumstances. Any such limited revisions to community school district lines may  occur  between  the  effective  date  of  this paragraph and the city board readjustment scheduled in the year two thousand four.  (g)  No public hearings required pursuant to this subdivision shall be held during the months of July and August. All public hearings shall  be held  at  a  time  and place designated to maximize community and parent participation. Notice of all such public hearings shall be provided in a timely manner to all print and electronic  media  and  shall  be  widely distributed  to  all interested parties, so as to maximize participation by parents and the community. In addition such notice shall be posted in each school building and district office.   * NB Effective June 30, 2022