State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-52-a > 2590-g

* §  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.    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  educationalpolicies  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 withthe  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 and the  city-wide council on high schools.    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, 2015    * § 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, 2015

State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-52-a > 2590-g

* §  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.    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  educationalpolicies  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 withthe  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 and the  city-wide council on high schools.    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, 2015    * § 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, 2015

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Edn > Title-2 > Article-52-a > 2590-g

* §  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.    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  educationalpolicies  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 withthe  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 and the  city-wide council on high schools.    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, 2015    * § 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, 2015