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

* § 2590-e. Powers and duties of community district education council.
Each  community  council  shall  have the following powers and duties to
establish educational policies and objectives, not inconsistent with the
provisions of this article and the  policies  established  by  the  city
board,  with  respect  to  all  pre-kindergarten, nursery, kindergarten,
elementary,  intermediate  and  junior  high  schools  and  programs  in
connection  therewith  in the community district. The community councils
shall have no executive or administrative powers or functions, but shall
have the following powers and duties:
3.  promote  achievement  of  educational  standards  and   objectives
relating to the instruction of students.
4.  cooperate as required by the chancellor in the removal from office
pursuant to section twenty-five hundred ninety-l of this article of  any
community council member for willful, intentional or knowing involvement
in  the  hiring,  appointment  or  assignment of employees other than as
specifically authorized in this article.
5. a. require community council members, the community superintendent,
and any other officer or employee in  schools  and  programs  under  the
jurisdiction   of   the  community  councils,  to  make  annual  written
disclosure, in accordance with regulations and bylaws of the city  board
developed  in consultation with the community councils, to the community
council and the city board, of the following information:
(1) the employment by the city school board or any  community  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
chapter with a notation of the date such vote was taken.
(2) the source of any income, reimbursement, gift  or  other  form  of
compensation  for  services rendered together with a description of such
services.
(3) the source of any financial  contribution  made  within  the  year
preceding  the  election  or  the term of office of a community district
education council member to assist in the election or reelection of such
member of the community council, and the amount  of  such  contribution,
consistent  with  any  applicable  regulations of the city board and the
board of elections.
b. willful or repeated failure to  make  full  and  timely  disclosure
shall  constitute  cause  for  removal  from  office  of any member of a
community council or for any  other  officer  or  employee  disciplinary
action and such other penalty as provided by law.
c.  all written disclosures required hereunder shall be filed with the
community council and the city board and shall be available  for  public
inspection during regular business hours on regular business days.
6.   require  community  council  members,  candidates  for  community
district education councils, the community superintendent and, for  good
cause shown, any other officer or employee in schools and programs under
the  jurisdiction  of the community councils to submit to the city board
and the community councils, in accordance with regulations and bylaws of
the city board developed in consultation with  the  community  councils,
financial reports for themselves and their spouses.
a. 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.
b.  willful  or repeated failure to file required financial reports or
make other required disclosures shall constitute cause for removal  from
office  of any member of a community council or for any other officer or

employee disciplinary action and such other penalty as provided by  law.
No  person  may  assume  office  as  a  community council member without
previously complying with this subdivision,  subdivision  five  of  this
section,  and  with  all  applicable  financial  disclosure requirements
promulgated by the board of elections.
7. participate in training and continuing education programs  pursuant
to the provisions of this subdivision.
(1)  Community district education council members shall participate in
training to acquaint them with  the  powers,  functions  and  duties  of
community  council members, as well as the powers of other governing and
administering authorities that affect education including the powers  of
the  commissioner, city board, chancellor and community superintendents.
Such participation shall be completed no later than  three  months  from
the  date in which a community council member takes office for the first
time.
(2) Each community district education council member shall be required
to participate in continuing education programs on an  annual  basis  as
defined  by  the  chancellor.  Participation  in  training  pursuant  to
paragraph one of this subdivision  by  a  community  district  education
council  member  who  takes office for the first time shall be deemed to
satisfy the requirements of this subdivision for the first year of  such
member's term.
(3)  such training and continuing education programs shall be approved
by the chancellor, following consultation with the commissioner, and may
be provided by the state  education  department,  the  city  board,  the
chancellor  or  a  nonprofit  provider  authorized  by the chancellor to
provide such training and continuing education programs.
(4) the chancellor is authorized to promulgate  regulations  regarding
providers and their certification, the content and implementation of the
training  and  continuing education programs. Any such regulations shall
be developed after consultation with the commissioner.
(5) such training and continuing education programs shall  be  offered
by  the  chancellor on an annual basis or more frequently, as needed, to
enable community council members to comply with this subdivision.
(6) failure of community council members to comply with  the  training
and continuing education requirements mandated by this subdivision shall
constitute cause for removal from office pursuant to section twenty-five
hundred ninety-1 of this article.
8.  Each  year  prepare  a  school  district  report  card pursuant to
regulations of the commissioner, and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to copies of the proposed budget made publicly available as required  by
law,  making  it  available  for distribution at the annual meeting, and
otherwise disseminating it as required by the commissioner. Such  report
card  shall  include  measures of the academic performance of the school
district, on a school by  school  basis,  and  measures  of  the  fiscal
performance of the district, as prescribed by the commissioner. Pursuant
to  regulations  of the commissioner, the report card shall also compare
these measures  to  statewide  averages  for  all  public  schools,  and
statewide  averages  for  public  schools of comparable wealth and need,
developed by the commissioner. Such report  card  shall  include,  at  a
minimum,   any  information  on  the  school  district  regarding  pupil
performance and expenditure per pupil required to  be  included  in  the
annual  report  by  the  requests  to  the  governor and the legislature
pursuant to section two hundred fifteen-a of this chapter; and any other
information  required  by  the  commissioner.   School   districts   (i)
identified  as  having  fifteen  percent  or  more  of their students in
special education, or (ii) which have fifty percent  or  more  of  their

students  with  disabilities  in  special education programs or services
sixty percent or more of the school day in a general education building,
or (iii) which have  eight  percent  or  more  of  their  students  with
disabilities in special education programs in public or private separate
educational settings shall indicate on their school district report card
their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.
9.  Subject to paragraph (o) of subdivision one of section twenty-five
hundred ninety-f of this article, to employ or retain counsel subject to
the powers and duties of the corporation counsel of the city of New York
to be the district's attorney and counsel pursuant to subdivision  a  of
section  three  hundred  ninety-four  of  the  New  York city charter in
actions or proceedings in which the council or any member thereof  is  a
defendant or a respondent.
10.  Where  the  district  has  provided  transportation  to  students
enrolled  in  such  district  to  a   school   sponsored   field   trip,
extracurricular  activity  or  any other similar event, it shall provide
transportation  back  to  either  the  point  of  departure  or  to  the
appropriate  school in the district, unless the parent or legal guardian
of a student  participating  in  such  event  has  provided  the  school
district   with   written   notice,  consistent  with  district  policy,
authorizing an  alternative  form  of  return  transportation  for  such
student  or  unless  intervening  circumstances make such transportation
impractical.   In   cases   where   intervening    circumstances    make
transportation  of  a  student  back to the point of departure or to the
appropriate school in the district impractical, a representative of  the
school  district  shall  remain  with  the  student until such student's
parent or legal guardian has been (a)  contacted  and  informed  of  the
intervening circumstances which make such transportation impractical and
(b)  such  student  had  been  delivered  to  his or her parent or legal
guardian.
11.  Approve  zoning  lines,  as  submitted  by  the   superintendent,
consistent with the regulations of the chancellor, applicable to schools
under the jurisdiction of the community district.
12.  Hold  meetings  at  least  every month with the superintendent to
discuss the current state of the schools in the  district  and  progress
made toward the implementation of the district's comprehensive education
plan required by the chancellor.
13.  Review  of  the  district's educational programs and assess their
effect on student achievement.
14. Hold public meetings at least every month with the  superintendent
during which the public may speak so that parents and the community have
a voice and a public forum to air their concerns.
15.   Submit  an  annual  evaluation  of  the  superintendent  to  the
chancellor.
16. Submit an annual evaluation consistent with procedures which shall
be developed by the chancellor of all  other  instructional  supervisory
personnel  who  have  responsibility for more than one school within the
district.
17. Hold a public hearing on the  district's  annual  capacity  plans,
recommended  by the superintendent and based on data from the chancellor
on enrollment/utilization for each school within the district and submit
such plan, upon approval by the community council, to the chancellor for
his or her approval and implementation.
18. Provide input, as it deems necessary, to the  chancellor  and  the
city board on matters of concern to the district.
19.  Liaison with school leadership teams as may be necessary, provide
assistance to the school leadership teams where possible, and  serve  on
the district leadership team by designating a representative.
20. Consult on the selection of a community superintendent pursuant to
subdivision  thirty  of  section  twenty-five  hundred  ninety-h of this
article.  Such  consultation  shall  include  an  opportunity  for   the
community  council  to interview a minimum of three final candidates the
chancellor is considering appointing and  to  provide  feedback  to  the
chancellor, which may include a ranked list of such candidates, prior to
the appointment being made.
21.  Hold  a  joint  public  hearing  with  the  chancellor  or deputy
chancellor, or in the case of a proposed significant  change  in  school
utilization  the  chancellor  or  his  or her designee, and the impacted
school based management team regarding any proposed  school  closing  or
significant change in school utilization, including the phase-out, grade
reconfiguration,  re-siting,  or  co-location  of schools, of any public
school located within the community  district  pursuant  to  subdivision
two-a of section twenty-five hundred ninety-h of this article. Following
such  hearing, the community council may pass a resolution on whether to
recommend or not recommend to the city board the proposed school closing
or significant change in school utilization, and shall  transmit  it  to
the  city  board for its consideration at least seven days in advance of
any city board vote on such item pursuant to section twenty-five hundred
ninety-g of this article, provided that the receipt of  such  resolution
from  the  community  council  shall  not be a precondition for the city
board to act on the matter.
* NB Effective until June 30, 2026
* § 2590-e. Powers and duties  of  community  boards.  Each  community
board   shall   have  the  following  powers  and  duties  to  establish
educational  policies  and  objectives,  not   inconsistent   with   the
provisions  of  this  article  and  the policies established by the city
board, with respect  to  all  pre-kindergarten,  nursery,  kindergarten,
elementary,  intermediate  and  junior  high  schools  and  programs  in
connection therewith in the community  district.  The  community  boards
shall have no executive or administrative powers or functions, but shall
have the following powers and duties:
1.  employ  a community superintendent, selected by the chancellor, by
contract for a term not to exceed by more than  one  year  the  term  of
office  of the community school board authorizing such contract, subject
to removal for cause, at a salary  to  be  fixed  within  the  budgetary
allocation  therefor,  subject  to  the provisions of subdivision two of
section twenty-five hundred ninety-j of this  article.  Consistent  with
procedures  of  the chancellor establishing a publicly inclusive process
for  the  recruitment,  screening  and   selection   of   superintendent
candidates,  and  regulations  establishing educational, managerial, and
administrative qualifications and performance record criteria  for  such
position,  the  community  board  shall  select  no more than four final
candidates for superintendent from candidates for appointment, who shall
have been interviewed  and  screened  by  and  with  the  assistance  of
parents,  teachers,  representatives  of  school  support personnel, and
administrators, and forward such names, to the chancellor for  selection
together  with the reasons for the recommendation of such candidates. If
the chancellor should reject all  the  candidates  for  written  reasons
within  thirty  days  after  the  receipt  of  the  proposed  names, the
community board shall make another selection of no more  than  four  new
names  consistent  with  such  procedures  and  regulations,  until  the
chancellor selects a candidate. The  contract  of  employment  shall  be

consistent  with  a  model  contract promulgated by the chancellor which
shall include provisions for reappointment.
3.   promote  achievement  of  educational  standards  and  objectives
relating to the instruction of students.
4. cooperate as required by the chancellor in the removal from  office
pursuant  to section twenty-five hundred ninety-l of this article of any
community board member for willful, intentional or  knowing  involvement
in  the  hiring,  appointment  or  assignment of employees other than as
specifically authorized in this article.
5. a. require community board members, the  community  superintendent,
and  any  other  officer  or  employee in schools and programs under the
jurisdiction of the community boards, to make annual written disclosure,
in accordance with regulations and bylaws of the city board developed in
consultation with the community boards, to the community board  and  the
city board, of the following information:
(1)  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 chapter
with a notation of the date such vote was taken.
(2)  the  source  of  any income, reimbursement, gift or other form of
compensation for services rendered together with a description  of  such
services.
(3)  the  source  of  any  financial contribution made within the year
preceding the election or the term of office of a community board member
to assist in the election or reelection of such member of the  community
board,  and  the  amount  of  such  contribution,  consistent  with  any
applicable regulations of the city board and the board of elections.
b. willful or repeated failure to  make  full  and  timely  disclosure
shall  constitute  cause  for  removal  from  office  of any member of a
community board or for any other officer or employee disciplinary action
and such other penalty as provided by law.
c. all written disclosures required hereunder shall be filed with  the
community  board  and  the  city board and shall be available for public
inspection during regular business hours on regular business days.
6. require community board members, candidates for  community  boards,
the  community  superintendent  and,  for  good  cause  shown, any other
officer or employee in schools and programs under  the  jurisdiction  of
the  community  boards  to  submit  to  the city board and the community
boards, in accordance with regulations and  bylaws  of  the  city  board
developed  in  consultation with the community boards, financial reports
for themselves and their spouses, provided that in the case of community
board members and candidates  for  community  boards  the  statement  of
financial  disclosure and the frequency with which it must be filed must
satisfy at least  the  requirements  and  standards  for  disclosure  of
section seventy-three-a of the public officers law.
a. 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.
b.  willful  or repeated failure to file required financial reports or
make other required disclosures shall constitute cause for removal  from
office  of  any  member of a community board or for any other officer or
employee disciplinary action and such other penalty as provided by  law.
No  person  may  assume  office  as  a  community  board  member without
previously complying with this subdivision,  subdivision  five  of  this

section,  and  with  all  applicable  financial  disclosure requirements
promulgated by the board of elections.
7.  participate in training and continuing education programs pursuant
to the provisions of this subdivision.
(1) Community board members shall participate in training to  acquaint
them  with  the powers, functions and duties of community board members,
as well as the powers of other governing and  administering  authorities
that  affect  education  including  the powers of the commissioner, city
board, chancellor  and  community  superintendents.  Such  participation
shall  be  completed  no  later than six months from the date in which a
community board member takes office for the first time.
(2) Each community board member shall be required  to  participate  in
continuing  education  programs  on  an  annual  basis as defined by the
chancellor. Participation in training pursuant to paragraph one of  this
subdivision  by  a community board member who takes office for the first
time shall be deemed to satisfy the requirements of this subdivision for
the first year of such member's term.
(3) such training and continuing education programs shall be  approved
by the chancellor, following consultation with the commissioner, and may
be  provided  by  the  state  education  department, the city board, the
chancellor or a nonprofit  provider  authorized  by  the  chancellor  to
provide such training and continuing education programs.
(4)  the  chancellor is authorized to promulgate regulations regarding
providers and their certification, the content and implementation of the
training and continuing education programs. Any such  regulations  shall
be developed after consultation with the commissioner.
(5)  such  training and continuing education programs shall be offered
on an annual basis or more frequently, as needed,  to  enable  community
board members to comply with this subdivision.
(6) failure of community board members to comply with the training and
continuing  education  requirements  mandated  by this subdivision shall
constitute cause for removal from office pursuant to section twenty-five
hundred ninety-1 of this article.
8. Each year  prepare  a  school  district  report  card  pursuant  to
regulations of the commissioner, and shall make it publicly available by
transmitting it to local newspapers of general circulation, appending it
to  copies of the proposed budget made publicly available as required by
law, making it available for distribution at  the  annual  meeting,  and
otherwise  disseminating it as required by the commissioner. Such report
card shall include measures of the academic performance  of  the  school
district,  on  a  school  by  school  basis,  and measures of the fiscal
performance of the district, as prescribed by the commissioner. Pursuant
to regulations of the commissioner, the report card shall  also  compare
these  measures  to  statewide  averages  for  all  public  schools, and
statewide averages for public schools of  comparable  wealth  and  need,
developed  by  the  commissioner.  Such  report card shall include, at a
minimum,  any  information  on  the  school  district  regarding   pupil
performance  and  expenditure  per  pupil required to be included in the
annual report by the  requests  to  the  governor  and  the  legislature
pursuant to section two hundred fifteen-a of this chapter; and any other
information   required   by   the  commissioner.  School  districts  (i)
identified as having fifteen  percent  or  more  of  their  students  in
special  education,  or  (ii)  which have fifty percent or more of their
students with disabilities in special  education  programs  or  services
sixty percent or more of the school day in a general education building,
or  (iii)  which  have  eight  percent  or  more  of their students with
disabilities in special education programs in public or private separate
educational settings shall indicate on their school district report card

their respective percentages as defined in this paragraph and paragraphs
(i) and (ii) of this subdivision as compared to the statewide average.
9.  Subject to paragraph (o) of subdivision one of section twenty-five
hundred ninety-f of this article, to employ or retain counsel subject to
the powers and duties of the corporation counsel of the city of New York
to be the district's attorney and counsel pursuant to subdivision  a  of
section  three  hundred  ninety-four  of  the  New  York city charter in
actions or proceedings in which the board or any  member  thereof  is  a
defendant or a respondent.
10.  Where  the  district  has  provided  transportation  to  students
enrolled  in  such  district  to  a   school   sponsored   field   trip,
extracurricular  activity  or  any other similar event, it shall provide
transportation  back  to  either  the  point  of  departure  or  to  the
appropriate  school in the district, unless the parent or legal guardian
of a student  participating  in  such  event  has  provided  the  school
district   with   written   notice,  consistent  with  district  policy,
authorizing an  alternative  form  of  return  transportation  for  such
student  or  unless  intervening  circumstances make such transportation
impractical.   In   cases   where   intervening    circumstances    make
transportation  of  a  student  back to the point of departure or to the
appropriate school in the district impractical, a representative of  the
school  district  shall  remain  with  the  student until such student's
parent or legal guardian has been (a)  contacted  and  informed  of  the
intervening circumstances which make such transportation impractical and
(b)  such  student  had  been  delivered  to  his or her parent or legal
guardian.
* NB Effective June 30, 2026