2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More › 2556 - Buildings, Sites, Et Cetera.

§ 2556. Buildings,  sites,  et  cetera.  1.  A  board  of education is
authorized and it shall have power to purchase, repair, remodel, improve
or enlarge  school  buildings  or  other  buildings  or  sites,  and  to
construct  new  buildings,  subject to such limitations and restrictions
and exceptions as are herein provided.
2. Whenever in the judgment of a board of education it is necessary to
select a new site, or to enlarge a  present  site,  or  to  designate  a
playground  or  recreation  center, or to acquire title to or lease real
property for other educational purposes authorized by this chapter, such
board may take options on  property  desirable  for  such  purposes  but
before  taking  title  thereto  shall  pass  a  resolution  stating  the
necessity therefor, describing  by  metes  and  bounds  the  grounds  or
territory  desired  for each of such purposes, and estimating the amount
of funds necessary therefor. An item for such amount, if funds  are  not
available for the purchase or lease of such property, may be included in
the  next  annual  budget, if not included in a special budget as herein
provided.
3. Whenever in the judgment of a board of education the needs  of  the
city  require  a  new  building for school purposes or for recreation or
other educational purposes authorized by this chapter, or  when  in  its
judgment  a  building should be remodelled or enlarged, such board shall
pass a resolution  specifying  in  detail  the  necessity  therefor  and
estimating  the  amount of funds necessary for such purpose. An item for
such amount, if funds are not available for  the  construction  of  such
building,  may be included in the next annual budget, if not included in
a special budget as herein provided.
4. No site shall be designated except upon a majority vote of a  board
of  education  and  no  building  shall  be  constructed,  remodelled or
enlarged until the plans and specifications therefor are approved by the
board of education.
5. It shall be unlawful for a schoolhouse to  be  constructed  in  the
city  of  New York without an open-air playground attached to or used in
connection with the same. Existing playgrounds shall not be sold, leased
or transferred, or permanently authorized for other uses such as  school
building  construction,  renovation,  placement  or  storage of building
materials for such work that would eliminate the use of such  playground
space  for  outdoor recreational activities unless a plan is established
and implemented to provide suitable and adequate physical activities  or
space  to  accommodate the physical and recreational needs of the pupils
of such building. The provisions of this subdivision shall not apply  to
school  construction  or  renovation activities that occur on or require
the use of such playgrounds for a duration of no more than one year.
6. After a site has been selected and plans and specifications  for  a
building  thereon  have  been  approved  as  provided herein, a board of
education in a city having  a  population  of  more  than  four  hundred
thousand but less than one million may, in its discretion, by regulation
deliver  such  plans  and  specifications to the common council or other
local legislative body which may thereupon, in its discretion,  award  a
contract  for  the  erection  of such building in the same manner and in
accordance with  the  provisions  of  law  regulating  the  awarding  of
contracts for the construction of municipal buildings of such city.
7.  a.  The  board  of  education  of  the  city of New York, with the
permission of the department of parks and of the board of estimate,  may
construct  schoolhouses  and  school  playgrounds  upon a portion of the
public parks in the district east of the Bowery and Catharine street and
south of Fourth street in such city.
b. The board of education of the city of New York, with the permission
of the department of parks and recreation and of the board of  estimate,

may construct a temporary schoolhouse upon a portion of a public park in
the   borough   of   Queens,   commonly  referred  to  as  Equity  Park.
Notwithstanding any inconsistent provision of subdivision nine  of  this
section,  such  park  land shall revert to the control and management of
the department of parks and recreation seven years after the date of the
completion of the construction of  such  temporary  schoolhouse  without
further action of the board of education or of the board of estimate.
8.  In  a city having a population of one hundred twenty-five thousand
or more and less than two hundred fifty thousand  in  which  the  common
council,  the  board  of  estimate  and  apportionment  and the board of
contract and supply and the commissioner of public works or  other  city
officials,  or  any one or more thereof, had the authority under the law
in force prior to June eighth, nineteen  hundred  seventeen,  to  erect,
remodel, improve, or enlarge school buildings or to purchase supplies or
real  property  for  any  school purpose, such officers, board or boards
shall continue to possess such powers and duties  and  to  perform  such
functions.
9.  When  the real property of a city under the control and management
of the board of education is no longer needed for  educational  purposes
in the city, such board shall notify the common council of such fact and
in  a  city  having  no common council, the council or other legislative
body or the commissioners of the sinking fund, and such  common  council
or  such  council  or body or such commissioners of the sinking fund, as
the case may be, may then sell or dispose of such property in the manner
in which other real property owned by the city may be sold  or  disposed
of  and  the  proceeds  thereof shall be credited to the funds under the
control and administration of the  board  of  education  in  such  city,
except  that in a city where the proceeds of such sales were required by
statute, in effect prior to June eighth, nineteen hundred seventeen,  to
be  paid  to  the  credit of the sinking fund established and maintained
therein, the proceeds of such sales shall continue to  be  paid  to  the
credit  of  the  sinking  fund  of such city as required by statute, and
except that in a city having a  council  or  a  board  of  estimate  and
apportionment,  such  council or board may, by resolution, authorize the
use of the proceeds of such sale for other municipal purposes.
10. The board of education shall let all contracts for public work and
all  purchase  contracts  to  the  lowest   responsible   bidder   after
advertisement for bids where so required by section one hundred three of
the general municipal law.
10-a.  In  a  city  having  a population of one million or more if the
several parts of the work or labor  to  be  done  and/or  the  supplies,
materials  and  equipment  to  be  furnished  shall  together involve an
expenditure of not more than fifteen thousand dollars, the same  may  be
procured  on  order  awarded  to the lowest responsible bidder upon bids
submitted without public advertisement under such regulations  as  shall
be  made  by  the  board  of  education.  Purchases of two hundred fifty
dollars or less may be made without competition.
11. In all contracts by a board of  education,  in  a  city  having  a
population  of  one  million  or  more,  for  the  construction, repair,
alteration or remodeling of buildings or for the purchase  of  supplies,
furniture  or  equipment,  a  stipulation may be inserted for liquidated
damages for any breach, failure or delay in the performance thereof; and
such board of education is authorized and empowered to remit  the  whole
or  any  part  of  such  damages  as  in  its discretion may be just and
equitable; and in all suits commenced on any such contracts  or  on  any
bond  given  in  connection therewith it shall not be necessary for such
board, whether plaintiff or  defendant,  to  prove  actual  or  specific
damages  sustained  by  reason of any such breach, failure or delay, but

such stipulation for liquidated damages shall be conclusive and  binding
upon all parties.
12.  In  a  city having a population of one million or more a board of
education may make rules and regulations governing the qualifications of
bidders entering into contracts for the  erection  and  construction  of
buildings,  and  for the alteration of buildings when the entire cost of
such alteration shall exceed twenty-five thousand dollars.  The  bidding
may be restricted to those who shall have qualified prior to the receipt
of bids according to standards fixed by the board of education, provided
that  notice  or  notices  for the submission of qualifications shall be
published in the official publication of the  municipality,  and  in  an
appropriate  trade  journal  published  in such city, at least once, not
less  than  ten  days  prior  to  the  date  fixed  for  the  filing  of
qualifications.
13. A board of education, in a city having a population of one million
or  more,  may through its duly designated officers, agents or employees
enter upon public or private property for the purpose of making surveys,
soundings or test borings necessary for the exercise of  the  powers  or
the  performance  of  the  duties,  of such board of education, provided
however, that the mayor had formally approved  the  acquisition  of  the
real property as a school site.
14.  a.  The  chancellor  of a city school district in a city having a
population of one million or more shall  compile  an  inventory  of  and
issue  a written report about the outdoor schoolyards in the city school
district. Such inventory and report shall:
(i)  identify  each  outdoor   schoolyard   located   at   educational
facilities,  as  defined  in  subdivision  nine  of  section twenty-five
hundred ninety-a of this  title,  of  the  city  school  district.  Each
outdoor  schoolyard shall be identified by the community school district
in which the outdoor schoolyard is  located,  its  address,  approximate
size and physical condition;
(ii)   identify  which  outdoor  schoolyards  are  used  for  physical
education, activity and/or recreation; for each such outdoor schoolyard,
a description of how often students of the city school district use  the
outdoor schoolyard and any limitations on the uses of the schoolyard;
(iii)  identify  which  outdoor  schoolyards are not used for physical
education,  activity  or  recreation.  For  each  such  schoolyard,   an
explanation of why it is not being used for physical education, physical
activity or recreation by students of the city school district;
(iv) whether each outdoor schoolyard is used and the frequency of such
use  during  the  school  day  and  whether  it  is available for use by
students or the general public during after school hours;
(v) for each outdoor schoolyard, a description of  the  capital  plans
for  construction, placement, renovation and/or reconfiguration thereof,
and any plan to increase or decrease the  availability  and  utilization
thereof; and
(vi)  any  other  facts,  information  and  recommendations  which the
chancellor deems necessary to improve the  outdoor  schoolyards  of  the
educational  facilities  of  the city school district. Such improvements
shall be those that enhance the physical education, physical and  mental
fitness, and well-being of the students of the city school district.
b.  On  or  before  December  thirty-first,  two  thousand twelve, the
chancellor shall submit the inventory and report, compiled  pursuant  to
paragraph  a  of  this  subdivision,  to  the  governor,  the  temporary
president of the senate, the speaker of the assembly, the chairs of  the
senate and assembly committees on education, and the department.
c.  For  the  purposes of this subdivision, "outdoor schoolyard" means
outdoor space which is located at educational facilities, and is used or

intended to  be  used  by  students  for  physical  education,  physical
activity and/or recreation.
15.  a.  The  chancellor  of a city school district in a city having a
population of one million or more shall  compile  an  inventory  of  and
issue   a   written   report   and   develop  recommendations  regarding
transportable classroom  units  ("TCU"  or  also  commonly  known  as  a
"trailer"). Such inventory, report and recommendations shall:
(i)  identify  each  transportable  classroom unit located in the city
school district. Each transportable classroom unit shall  be  identified
by  the  community  school  district in which it is located, its address
with identification of any school building it is part of  or  associated
with,  its  approximate size, its age, and a description of its physical
condition;
(ii) identify the number of students served within each  transportable
classroom   unit,  including  the  grade  level  of  such  students,  if
applicable, the average class size within each  transportable  classroom
unit,  and  a  description  of the amount of the school day the students
spend within each transportable classroom unit;
(iii) provide recommendations to minimize the number of  transportable
classroom units within the city school district.
b.  On  or  before  December thirty-first, two thousand seventeen, the
chancellor shall submit the inventory, report, and  the  recommendations
to  minimize the number of transportable classroom units within the city
school district, compiled and developed pursuant to paragraph a of  this
subdivision, to the governor, the temporary president of the senate, the
speaker  of  the  assembly,  the  chairs  of  the  senate  and  assembly
committees on education, and the  department.  Annually,  on  or  before
December  thirty-first,  the  chancellor  shall  update  such inventory,
report and recommendations and  provide  such  updated  information  and
recommendations  to the governor, the temporary president of the senate,
the speaker of the assembly, the  chairs  of  the  senate  and  assembly
committees on education, and the department.