2023 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, High Schools, and District Seventy-Five.

* § 2590-b.  Continuation of city board and establishment of community
districts; establishment of the city-wide councils on special education,
English language learners, high schools, and district  seventy-five.  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.
(C) Commencing on January fifteenth, two  thousand  twenty-three,  the
board  of  education  shall  consist of twenty-three voting members: one
member to be appointed by each borough president  of  the  city  of  New
York; five members, one from each borough of the city of New York, to be
elected by community district education council presidents; and thirteen
members  to  be appointed by the mayor of the city of New York. The term
of the first member elected  by  community  district  education  council
presidents pursuant to clause (B) of this subparagraph shall be extended
and  end  on January fourteenth, two thousand twenty-three. On or before
December first, two thousand twenty-two, the chancellor shall promulgate
regulations establishing a  process  for  community  district  education
council  presidents  to  elect  members  of the board, and processes for
removal of such members and for the filling of  such  positions  in  the
event  of  a  vacancy.  All appointed members and members elected by the
community education council  presidents  pursuant  to  such  regulations
shall  take  office  on January fifteenth, two thousand twenty-three and
shall  serve  a  term  that  ends  on  June  thirtieth,   two   thousand
twenty-three.  Thereafter,  appointed members and the members elected by
community district education council presidents shall serve  for  a  one
year term commencing on July first.
(D)  Commencing  on July first, two thousand twenty-four, the board of
education shall consist of twenty-four voting members: one member to  be
appointed  by  each  borough  president  of  the  city of New York; five
members, one from each borough of the city of New York, to be elected by
community district education council presidents; one independent  member
who  shall  serve  as  chair  of  the board and who shall be selected as
established in  subparagraph  three  of  this  paragraph;  and  thirteen
members  to  be  appointed  by  the  mayor  of the city of New York. The
initial term of the chair selected pursuant  to  subparagraph  three  of
this  paragraph  shall  commence  on  September  fifteenth, two thousand
twenty-four  and  shall  end  on  September  fourteenth,  two   thousand
twenty-five;  thereafter  the  chair  shall  serve  for  a one-year term
commencing  on  September  fifteenth.  The  chancellor  shall   continue
regulations   promulgated   under   clause   (C)  of  this  subparagraph

establishing  a  process  for  community  district   education   council
presidents  to  elect members of the board, and processes for removal of
such members and for the filling of such positions in  the  event  of  a
vacancy.  Appointed  members  and  members elected by community district
education council presidents pursuant to clause (C) of this subparagraph
and commencing a term on July  first,  two  thousand  twenty-four  shall
serve  a  term  that  ends  on June thirtieth, two thousand twenty-five.
Thereafter, appointed members  and  the  members  elected  by  community
district  education  council  presidents shall serve for a one-year term
commencing on July first.
(2) The chancellor and comptroller of the city of New York shall serve
as ex-officio non-voting members of the city board.
(3) The independent member who shall serve as chair of the board shall
be selected by the mayor of the  city  of  New  York  from  among  three
qualified  candidates, one nominated by the speaker of the assembly, one
nominated by the majority leader of the senate, and one nominated by the
chancellor of the board of regents. If the mayor of the city of New York
shall not accept any of the  three  candidates,  up  to  two  additional
groups  of  three will be submitted to the mayor of the city of New York
for consideration. The mayor of the city  of  New  York  must  select  a
candidate  from  among the nominees no later than September fifteenth of
each year. An individual selected to serve as chair may  be  reappointed
by  the  mayor  of  the city of New York to serve an additional one-year
term, provided such  reappointment  will  be  made  on  or  before  June
thirtieth  of  each  year,  and  provided further that no individual may
serve as chair for more than two terms consecutively. If the  individual
serving  as  chair  is  not  reappointed by the mayor of the city of New
York, is term limited pursuant to this  subparagraph,  or  the  role  of
chair  becomes  vacant  for any reason, the selection of a new member to
serve as chair will be completed through the process as  established  in
this subparagraph.
(4)  All  appointed  members shall serve for a one year term, provided
that any member may be removed for  good  cause,  provided  that  voting
against  the  appointing  authority's  direction  shall not be cause for
removal, by the appointing authority, who shall provide  written  notice
to  the  member  and public explaining the reasons therefor at least ten
days in advance of the removal and provide the member a  full  and  fair
opportunity to refute such reasons before 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  four
shall  be  parents  of a child attending a public school within the city
district, provided that at least one appointee shall be the parent of  a
child  with  an individualized education program, at least one appointee
shall be the parent of a child who is in a bilingual  or  English  as  a
second language program conducted pursuant to section thirty-two hundred
four  of this chapter, and at least one appointee shall be the parent of
a child who is attending a district seventy-five school or program.
(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 other than by an expiration of term shall be filled
by appointment by the appropriate  appointing  authority  within  ninety
days  of such vacancy and shall serve for the remainder of the unexpired
term.
(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.
(12)  Every  appointed  and  elected  member  of the city board shall,
within the first three months of his or her term, complete a minimum  of
six  hours  of  training  on the financial oversight, accountability and
fiduciary responsibilities of a city board member, as well as a training
course on the powers, functions and duties of the city board.
(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.
(iii) A city board meeting that includes an item  subject  to  a  city
board vote related to approval of a school closure or significant change
in  school  utilization  including the phase-out, grade reconfiguration,
re-siting, or co-location  of  a  school  pursuant  to  paragraph  h  of
subdivision  one of section twenty-five hundred ninety-g of this article
shall be held in the borough of the city of New York  where  the  school
that is subject to such proposed school closing or significant change in
school utilization is located.
(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) There shall be a city-wide  council  on  district  seventy-five
created  pursuant  to  this  section. The city-wide council for district
seventy-five shall consist of eleven voting members and  one  non-voting
member, as follows:
(i)  nine  voting  members  who shall be parents of students receiving
city-wide special education services in a district  seventy-five  school
or  program  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 areas of educating, training or employing individuals
with disabilities and  who  will  make  a  significant  contribution  to
improving  special  education  in  the city district. Such members shall
serve a two year term; and
(iii) one non-voting member who is a high school senior  appointed  by
the  administrator  designated  by  the chancellor to supervise district

seventy-five schools and programs. Such member shall serve  a  one  year
term.
(b)  The  city-wide  council  on  district seventy-five shall have the
power to:
(i) advise and comment on  any  educational  or  instructional  policy
involving the provision of district seventy-five services;
(ii)  issue an annual report on the effectiveness of the city district
in  providing  services  to  district  seventy-five  students  and  make
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 district seventy-five
students.
(c) Vacancies shall be filled for an unexpired term by  the  city-wide
council  for  district  seventy-five, pursuant to a process developed by
the chancellor that shall include consultation with parents of  students
attending  district seventy-five schools or 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.
8. (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, 2026
* § 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, 2026