2023 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; and
(d) require each public school under the chancellor's jurisdiction  to
have a parent coordinator who shall be responsible for engaging with and
involving  parents  in  the  school community by working with the school
principal,  school  personnel,  school  based  management  team,  parent
associations, and community groups to identify parent and related school
and  community  issues. The community district education council of each
school  shall  be  consulted  prior  to  the  selection  of  the  parent
coordinator.  Such  consultation  shall  include  an opportunity for the
community district education council to meet with the final candidate or
candidates the school principal is considering selecting and to  provide
feedback to the principal prior to the selection being made.
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;
* NB Effective until February 22, 2024
* (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 city district shall have the authority to use
the  same  measures  to  enhance  minority  and  women  owned   business
enterprise and small business participation as are available to the city
of  New  York  pursuant  to article five-A of the general municipal law,
sections thirteen hundred four and thirteen hundred nine 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,  provided  that  these

policies  may  establish  that the city district is subject to the rules
and goal authorized under subdivision g of section thirteen hundred nine
of such charter with respect to a mentoring program established pursuant
to  this  subparagraph,  and  provided  further  that,  if such policies
subjecting the city district to such rules and  goal  are  adopted,  the
chancellor  and  the  city,  acting  by  the  mayor,  may  enter  into a
memorandum  of  understanding  relating   to   mentoring   opportunities
authorized under this subparagraph;
* NB Effective February 22, 2024
* NB Repealed February 22, 2034 or upon the expiration of this section
or subdivision (see chapter 604 of 2023 § 7 sb b)
(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
* NB Effective until May 15, 2024
* (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;
* NB Effective May 15, 2024 and until May 15,  2029  or  until  sb  36
expires, whichever is sooner
* (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
* NB Effective May 15, 2029 if sb 36 is still in effect
* (xi) procedures for the fair and equitable  resolution  of  contract
disputes.
* NB Effective until May 15, 2024
* (xi)  procedures  for  the fair and equitable resolution of contract
disputes; and
* NB Effective May 15, 2024 and until May 15,  2029  or  until  sb  36
expires, whichever is sooner
* (xi)  procedures  for  the fair and equitable resolution of contract
disputes.
* NB Effective May 15, 2029 if sb 36 is still in effect
* (xii) employment goals established in accordance  with  the  program
established  pursuant to section thirty-five hundred two of the New York
city charter, including but not limited to employment goals  established
pursuant  to paragraph seven of subdivision a and the corresponding best
efforts provisions set forth in subdivision d of such section; provided,
however, that where a provision of such section requires action  by  the
director  of  the  office of community hiring and workforce development,
such action shall not  be  taken  by  the  director  of  the  office  of
community  hiring  and  workforce  development but shall be taken by the
chancellor or his or her designee.
* NB Effective May 15, 2024
* NB Repealed May 15, 2029 or upon the repeal of sb 36,  whichever  is
earlier
(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, 2029
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.
56. Render written responses to resolutions passed  by  the  city-wide
education  councils  and  community  district  education councils within
thirty days of receipt.
* NB Effective until June 30, 2026
* §  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, 2026