2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 52-A - New York City Community School District System › 2590-G - Powers and Duties of the City Board.

* §  2590-g. Powers and duties of the city board. The city board shall
advise the chancellor on matters of policy affecting the welfare of  the
city  school  district  and  its  pupils.  The  board  shall exercise no
executive power and perform no executive  or  administrative  functions.
Nothing  herein contained shall be construed to require or authorize the
day-to-day supervision or the administration of the  operations  of  any
school  within  the  city  school  district of the city of New York. The
board shall have the power and duty to:
1. (a) approve standards, policies, and  objectives  proposed  by  the
chancellor  directly  related  to  educational  achievement  and student
performance;
(b) consider and approve any other standards, policies, and objectives
as specifically authorized or  required  by  state  or  federal  law  or
regulation;
(c)  approve  all  regulations  proposed by the chancellor or the city
board and any amendments made thereto;
(d)  approve  the  educational  facilities  capital  plan,   and   any
amendments requiring city board approval pursuant to section twenty-five
hundred  ninety-p  of  this  article,  following any applicable hearings
conducted by the community district education councils;
(e) approve annual estimates of the total sum of money which it  deems
necessary  for the operation of the city district and the capital budget
pursuant to section twenty-five hundred ninety-q of this article;
(f) approve the  allocation  of  projected  revenues  among  community
districts  and  their  schools  pursuant  to  subdivision  a  of section
twenty-five  hundred  ninety-r  of  this  article  and  to  approve  the
aggregation  of  the  community district budgets, with a proposed budget
for administrative and operational expenditures of the  city  board  and
the  chancellor, following a public hearing pursuant to subdivision f of
section twenty-five hundred ninety-r of this article;
(g) approve a procurement  policy  for  the  city  district,  and  any
amendments made thereto, developed pursuant to subdivision thirty-six of
section twenty-five hundred ninety-h of this article; and
(h)  approve  proposals for all school closures or significant changes
in school utilization including the  phase-out,  grade  reconfiguration,
re-siting,  or co-location of schools, following any hearing pursuant to
subdivision two-a  of  section  twenty-five  hundred  ninety-h  of  this
article.  If  the  city board approves such a proposal that the relevant
community council affirmatively voted against  pursuant  to  subdivision
twenty-one  of section twenty-five hundred ninety-e of this article, the
board shall provide such council an explanation  for  its  determination
within thirty days of such determination.
2.  for  all  purposes,  be  the  government or public employer of all
persons appointed or  assigned  by  the  city  board  or  the  community
districts;  provided,  however,  that  the  chancellor  shall  have  the
authority to appoint staff pursuant to subdivision forty-one of  section
twenty-five hundred ninety-h of this article;
2-a.  adopt  a  policy  proposed  by  the chancellor 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 city board
shall review at a regular public meeting an annual report issued by  the
chancellor  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;
3. serve as the  appeal  board  as  provided  in  section  twenty-five
hundred  ninety-l  of  this article, and subject to such powers, duties,

and restrictions as were in effect before the  effective  date  of  this
section;
4.  subject  to the provisions of section twenty-five hundred ninety-i
of this article, maintain such jurisdiction over  city-wide  educational
policies  governing  the  special,  academic, vocational, and other high
schools authorized by this article before the  effective  date  of  this
section as the respective community district education councils maintain
over the schools within their jurisdiction, which shall not be construed
to require or authorize the day-to-day supervision or the administration
of the operations of such schools.
5.  (a)  Approve  any  contract  awarded  by  the city district or the
community districts where:
(i)  such  contract  was  let  by  a  procurement  method  other  than
competitive sealed bidding pursuant to subdivision thirty-six of section
twenty-five  hundred ninety-h of this article, including but not limited
to competitive sealed proposals, or sole source contracts;
(ii) such contract provides  for  technical,  consultant  or  personal
services;
(iii)  the  value  of  such  contract  exceeds,  or projects an annual
expenditure exceeding one million dollars; or
(iv) the value of any contracts awarded to a single entity exceeds one
million dollars annually;
(b)  Approve  all  franchises,  revocable  consents,  and  concessions
awarded by the city district or the community districts.
(c)  Notwithstanding  paragraphs (a) and (b) of this subdivision, city
board approval shall not be required for any contract  with  the  United
States  General  Services Administration or any other federal agency, if
the price is lower than the prevailing market price,  or  the  New  York
state office of general services or any other state agency, if the price
is  lower  than  the  prevailing  market price, or for any contract made
directly by an individual school.
6. Approve litigation settlements  only  when  such  settlement  would
significantly   impact   the   provision   of  educational  services  or
programming within the district.
6-a.  Approve  by-laws  for  the  city  board  pursuant   to   section
twenty-five hundred ninety-d of this article.
7.  All  items requiring city board approval shall be by a public vote
at a regular public meeting, consistent with the requirements  contained
within  subdivision  one of section twenty-five hundred ninety-b of this
article, and such items shall not become effective until after such vote
occurs except as  expressly  authorized  in  subdivision  nine  of  this
section.
8.  (a)  Prior  to  the  approval  of  any  proposed  item  listed  in
subdivision one of this section, undertake a public  review  process  to
afford  the  public  an  opportunity  to submit comments on the proposed
item. Such public review process shall include notice of the item  under
city  board  consideration  which shall be made available to the public,
including  via  the  city  board's  official   internet   website,   and
specifically  circulated  to  all  community  superintendents, community
district  education  councils,  community  boards,  and   school   based
management  teams, at least forty-five days in advance of any city board
vote on such  item.  Notice  of  the  proposed  item  under  city  board
consideration shall include:
(i)  a  description  of  the  subject,  purpose  and  substance of the
proposed item under consideration;
(ii) information regarding where the full text of  the  proposed  item
may be obtained;
(iii)  the name, office, address, email and telephone number of a city
district representative, knowledgeable on the item under  consideration,
from whom any information may be obtained concerning such item;
(iv)  date, time and place of any hearing regarding the proposed item,
if applicable;
(v) date, time and place of the city board meeting at which  the  city
board will vote on the proposed item; and
(vi)  information  on how to submit written or oral comments regarding
the item under consideration.
(b) In the event that a proposed item listed  in  subdivision  one  of
this  section  is substantially revised at any time following the public
notice provided pursuant to paragraph (a) of this subdivision, the  city
board  shall issue a revised public notice. Such revised notice shall be
available at least fifteen days in advance of any city board vote on the
proposed item, but in no event shall the city board  vote  on  any  such
item  within  forty-five  days  from  the initial public notice provided
pursuant to paragraph (a) of this subdivision. Revised public notice  of
the item under city board consideration shall include:
(i) a description of the subject, purpose and substance of the revised
item under consideration;
(ii) identification of all substantial revisions to the item;
(iii) a summary of all public comments received on such item following
the initial public notice pursuant to paragraph (a) of this subdivision;
(iv) information regarding where the full text of the revised item may
be obtained;
(v)  the  name,  office, address, email and telephone number of a city
district representative, knowledgeable on the item under  consideration,
from whom any information may be obtained concerning such item;
(vi)  date,  time  and  place  of  any  hearing regarding the item, if
applicable;
(vii) date, time and place of the city board meeting at which the city
board will vote on the item; and
(viii) information on how to submit written or oral comments regarding
the item under consideration.
(c) Following the public review process pursuant to paragraph  (a)  or
(b)  of this subdivision but prior to voting on any proposed item listed
in subdivision one of this section, the city board shall make  available
to  the  public,  including  via  the city board's official internet web
site, an assessment of all public comments  concerning  the  item  under
consideration  received prior to twenty-four hours before the city board
meeting at which such item is subject to a vote. Such  assessment  shall
include:
(i)  a  summary  and  an analysis of the issues raised and significant
alternatives suggested;
(ii) a statement of the reasons why any significant alternatives  were
not incorporated into the proposed item;
(iii)  a  description  of  any  changes made to the proposed item as a
result of public comments received; and
(iv) information as to where the full text of any approved item may be
obtained.
9. In the event the city  board  or  the  chancellor  determines  that
immediate  adoption  of  any  item  requiring  city  board  approval  is
necessary for the preservation of  student  health,  safety  or  general
welfare  and  that compliance with the requirements of subdivision seven
or eight of this section would be contrary to the public interest,  then
such  proposed item may be adopted on an emergency basis. The city board
or chancellor shall provide written justification for such determination
and make such justification publicly available including  via  the  city

board's  official  internet web site. Except as expressly authorized for
school closures or significant changes in school  utilizations  pursuant
to  paragraph  (f)  of  subdivision two-a of section twenty-five hundred
ninety-h  of  this article, all emergency adoptions shall only remain in
effect for sixty days, during such time the city board shall comply with
the requirements of this subdivision in order for the  adoption  of  the
item to become permanent.
10.  Respond,  at  a  regular  public  meeting, to the recommendations
raised in the annual reports issued by the city-wide council on  special
education,  the  city-wide  council  on  English  language learners, the
city-wide council on high schools and the city-wide council on  district
seventy-five.
11.  Conduct  an  annual  survey to allow parents, teachers and school
personnel to  evaluate  the  performance  of  the  city  board  and  the
chancellor  with  regards  to  city  district  resources,  oversight and
curriculum. The results of such survey shall be made publicly  available
including via the city board's official internet website.
12.  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.
* NB Effective until June 30, 2026
* §  2590-g. Powers and duties of the city board. The city board shall
advise the chancellor on matters of policy affecting the welfare of  the
city  school  district  and  its pupils. Except as otherwise provided by
law, the  board  shall  exercise  no  executive  power  and  perform  no
executive  or  administrative  functions. The board shall have the power
and duty to:
1.  (a)  approve  standards,  policies,  objectives  and   regulations
proposed  by  the chancellor directly related to educational achievement
and student performance; (b) approve standards, policies, objectives and
regulations  directly  related  to  maintaining  the   internal   fiscal
integrity  of administrative operations by the chancellor, the community
districts and the schools;  and  (c)  consider  and  approve  any  other
standards,  policies,  objectives  and regulations at the request of the
chancellor, or otherwise only as specifically authorized or required  by
state or federal law or regulation;
2.  for  all  purposes,  be  the  government or public employer of all
persons appointed or  assigned  by  the  city  board  or  the  community
districts;
3.  serve  as  the  appeal  board  as  provided in section twenty-five
hundred ninety-l of this article, and subject to such powers, duties and
restrictions as were  in  effect  before  the  effective  date  of  this
section;
4.  subject  to the provisions of section twenty-five hundred ninety-i
of this article, maintain such jurisdiction over policies governing  the
special,  academic, vocational and other high schools authorized by this
article before the effective date of  this  section  as  the  respective
community  boards  maintain  over the schools within their jurisdiction,
which shall not be construed to  require  or  authorize  the  day-to-day
supervision or the administration of the operations of such schools.
5.  (a) Prescribe regulations and bylaws 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  city board, of the following
information:
(i) the employment by the city school board or any community board  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)  Regulations  and  bylaws authorized herein shall apply with equal
force and effect to community board members,  community  superintendents
and  all  other officers and employees in schools and programs under the
jurisdiction of the community boards.
(c) The city board 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  bylaws
prescribed    hereunder.   Any   community   board   member,   community
superintendent or other officer or employee required to make  disclosure
who  fails to make such disclosure shall be notified in writing of their
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 provided by law.
(e) Disclosures made pursuant  to  the  requirements  herein  and  any
notification  of failure to make disclosures shall be made available for
public inspection during regular  business  hours  on  regular  business
days; and
6.  (a) Prescribe regulations and bylaws 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 city board, in the discretion
of the city board, 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 city board 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;
(vi) trusts and other fiduciary  relationships  and  their  assets  in
which a beneficial interest is held.
(c)  Regulations  and  bylaws authorized herein shall apply with equal
force and effect to community board members,  community  superintendents
and  all  other officers and employees in schools and programs under the
jurisdiction of the community boards.
(d)  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 provided by law.
* NB Effective June 30, 2026