S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6052--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 22, 2009
                               ___________

Introduced  by  Sens.  SAMPSON,  DIAZ,  KRUEGER, MONSERRATE, MONTGOMERY,
  PARKER, SERRANO -- read twice and ordered printed, and when printed to
  be committed to the Committee on Rules -- committee  discharged,  bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee

AN ACT to amend the education law, in relation  to  the  New  York  city
  board  of  education,  chancellor,  community  councils  and community
  superintendents; to amend chapter 738 of the laws  of  1988,  amending
  the  administrative  code of the city of New York, the public authori-
  ties law  and  other  laws  relating  to  the  New  York  city  school
  construction authority, in relation to extending certain provisions of
  such  chapter relating to certain contracts of the authority; to amend
  the  public  authorities  law,  in  relation  to   extending   certain
  provisions;  to  amend  chapter  91  of  the laws of 2002 amending the
  education law and other laws relating to the reorganization of the New
  York city school construction authority, board of education and commu-
  nity boards, in relation to extending certain provisions of such chap-
  ter; establishing the commission on public safety in the  city  school
  district of the city of New York, providing for its powers and duties,
  and  making  an appropriation therefor; establishing the commission on
  public education in the city of New York, providing for its powers and
  duties, and making an appropriation therefor; and  providing  for  the
  repeal of certain provisions of the education law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2590-b of the education law, as  added  by  chapter
330  of  the  laws  of  1969,  the  section heading and subdivision 2 as
amended and subdivision 4 as added by chapter 123 of the laws  of  2003,
subdivision 1 as added by chapter 91 of the laws of 2002 and subdivision
3  as  amended by chapter 727 of the laws of 1994, is amended to read as
follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11959-14-9
              

S. 6052--A                          2

  S 2590-b. Continuation of city board and  establishment  of  community
districts; establishment of the city-wide [council on special education]
COUNCILS  ON SPECIAL EDUCATION, ENGLISH LANGUAGE LEARNERS, THE ARTS, AND
HIGH SCHOOLS.  1. (a) The board of education of the city school district
of  the  city  of  New York is hereby continued. Such board of education
shall consist of thirteen APPOINTED members: one member to be  appointed
by  each  borough  president  of the city of New York; [seven] AND EIGHT
members to be appointed by the mayor of   the   city of New  York[;  and
the].  THE chancellor SHALL SERVE AS AN EX-OFFICIO NON-VOTING  MEMBER OF
THE  CITY  BOARD.  [The chancellor shall serve as the chairperson of the
city board.] THE CITY BOARD SHALL ELECT ITS OWN CHAIRPERSON  FROM  AMONG
ITS  VOTING  MEMBERS.  [All  twelve appointed members shall serve at the
pleasure of the appointing authority] EACH VOTING MEMBER SHALL  SERVE  A
TWO-YEAR  TERM  and shall not be employed in any capacity by the city of
New York, or a subdivision thereof, or  the  city  board.  NO  APPOINTED
MEMBER OF THE CITY BOARD SHALL ALSO BE A MEMBER, OFFICER, OR EMPLOYEE OF
ANY  PUBLIC CORPORATION, AUTHORITY, OR COMMISSION WHERE THE MAYOR OF THE
CITY OF NEW YORK HAS A MAJORITY OF THE APPOINTMENTS. Each borough presi-
dent's appointee shall be a  resident  of  the  borough  for  which  the
borough  president  appointing  him  or her was elected and shall be the
parent of a child attending a  public  school  within  the  city  school
district  of  the  city  of  New York. Each mayoral appointee shall be a
resident of the city AND ONE SHALL BE A PARENT OF A  CHILD  ATTENDING  A
PUBLIC  SCHOOL  WITHIN THE CITY DISTRICT, AND ONE SHALL BE A PARENT OF A
CHILD WITH AN INDIVIDUALIZED EDUCATION PROGRAM ATTENDING A PUBLIC SCHOOL
WITHIN THE CITY DISTRICT.   ALL PARENT  MEMBERS  SHALL  BE  ELIGIBLE  TO
CONTINUE  TO SERVE ON THE CITY BOARD FOR TWO YEARS FOLLOWING THE CONCLU-
SION OF THEIR CHILD'S ATTENDANCE AT A  PUBLIC  SCHOOL  WITHIN  THE  CITY
DISTRICT.  Any vacancy shall be filled by appointment by the appropriate
appointing authority WITHIN NINETY DAYS OF SUCH VACANCY. Notwithstanding
any provision of local law, the members of  the  board  shall  not  have
staff, offices, or vehicles assigned to them or receive compensation for
their  services,  but  shall  be reimbursed for the actual and necessary
expenses incurred by them in the performance of their duties.
  (b) The city board shall hold at least  [twelve]  ONE  REGULAR  PUBLIC
[meetings]  MEETING per MONTH. AT LEAST ONE REGULAR PUBLIC MEETING SHALL
BE HELD IN EACH BOROUGH OF THE CITY OF NEW YORK PER year; any additional
meetings may be called at the request of the  [chancellor]  CHAIRPERSON.
THE  CITY  BOARD  SHALL  CONSIDER APPROPRIATE PUBLIC ACCOMMODATIONS WHEN
SELECTING A VENUE SO AS TO MAXIMIZE PARTICIPATION  BY  PARENTS  AND  THE
COMMUNITY.
  (C)  (I) NOTICE OF THE TIME, PLACE AND AGENDA FOR ALL CITY BOARD REGU-
LAR PUBLIC MEETINGS SHALL BE PUBLICLY PROVIDED, INCLUDING VIA  THE  CITY
BOARD'S  OFFICIAL  INTERNET WEB SITE, AND SPECIFICALLY CIRCULATED TO ALL
COMMUNITY SUPERINTENDENTS, COMMUNITY DISTRICT EDUCATION COUNCILS, COMMU-
NITY BOARDS, AND SCHOOL BASED MANAGEMENT TEAMS, AT  LEAST  TEN  BUSINESS
DAYS IN ADVANCE OF SUCH MEETING.
  (II)  A CITY BOARD REGULAR PUBLIC MEETING AGENDA SHALL BE COMPRISED OF
A LIST AND BRIEF DESCRIPTION OF THE  SUBJECT  MATTER  BEING  CONSIDERED,
IDENTIFICATION  OF ALL ITEMS SUBJECT TO A CITY BOARD VOTE, AND THE NAME,
OFFICE, ADDRESS, EMAIL ADDRESS AND TELEPHONE NUMBER OF A  CITY  DISTRICT
REPRESENTATIVE,  KNOWLEDGEABLE  ON THE AGENDA, FROM WHOM ANY INFORMATION
MAY BE OBTAINED AND TO WHOM WRITTEN COMMENTS MAY BE SUBMITTED CONCERNING
ITEMS ON SUCH AGENDA.

S. 6052--A                          3

  (D) THE CHAIRPERSON OF THE CITY BOARD SHALL ENSURE THAT AT EVERY REGU-
LAR PUBLIC MEETING THERE IS A SUFFICIENT PERIOD OF  TIME  TO  ALLOW  FOR
PUBLIC COMMENT ON ANY TOPIC ON THE AGENDA PRIOR TO ANY CITY BOARD VOTE.
  (E)  MINUTES  OF  ALL CITY BOARD REGULAR PUBLIC MEETINGS SHALL BE MADE
PUBLICLY AVAILABLE, INCLUDING VIA THE  CITY  BOARD'S  OFFICIAL  INTERNET
WEBSITE,  IN  A  TIMELY  MANNER BUT NO LATER THAN THE SUBSEQUENT REGULAR
CITY BOARD MEETING.
  2. (a) There shall be a community council for each community  district
created pursuant to this article.
  (b) The city board shall define, adjust, alter, maintain and adopt the
boundaries  of the community districts pursuant to this chapter no later
than February first, nineteen hundred ninety-five.  There  shall  be  no
less than thirty nor more than thirty-seven community districts.
  (c)  The  city  board may readjust or alter the districts in such plan
only once in every ten years, commencing  with  the  year  two  thousand
four. The city board in conjunction with the chancellor and the communi-
ty  council  representatives,  shall  prepare  and make public a plan to
ensure the smooth transition of pupils and school personnel, creation of
new boards, and allocation of school facilities and resources among  the
districts  established  pursuant  to  paragraph (b) of this subdivision.
Prior to the adoption of the transition plan, the city board shall  hold
one  or  more public hearings in each borough. The city board shall make
the transition plan available not less than three weeks before the first
such public hearing. Upon  receipt  of  comments,  the  city  board,  in
conjunction  with  the  chancellor  and  the community council represen-
tatives, shall prepare a revised transition plan, if necessary and  make
such plan available to the public for comment.
  3. (a) The redistricting advisory study group established prior to the
effective  date  of  this  paragraph for the purpose of study and making
recommendations on  community  school  district  boundaries,  is  hereby
continued and shall perform the duties required herein.
  (b)  The study group shall prepare a report containing recommendations
for  dividing  the  city  into  no  more  than  thirty-seven   community
districts.
  (c)  In  preparation of its recommendations for dividing the city into
community districts, the study group shall ensure that  the  recommenda-
tions  provide  for  the most effective delivery of educational services
and shall be guided by the following criteria:
  (1) each community district shall: (i) be a suitable  size  for  effi-
cient  policy-making  and economic management; (ii) contain a reasonable
number of pupils; (iii) be  compact  and  contiguous,  contained  within
county  lines,  and to the maximum extent possible, keep intact communi-
ties and  neighborhoods;  and  (iv)  bear  a  rational  relationship  to
geographic  areas  for  which  the  city  of New York plans and provides
services;
  (2) to the extent possible, keep existing lines intact;
  (3) the common and special education  needs  of  the  communities  and
school children involved;
  (4) effective utilization of existing and planned school facilities;
  (5)  minimum disruption of existing and planned elementary school-jun-
ior high/middle school-high school feeder patterns;
  (6) transportation facilities;
  (7) additional administrative costs involved in the creation  of  such
new districts; and
  (8)  ensure  fair  and effective representation of racial and language
groups pursuant to the Voting Rights Act of 1965, as amended;

S. 6052--A                          4

  (9) notwithstanding the provisions of this subparagraph  and  subpara-
graphs  one  through  eight  of this paragraph: (i) the residents of the
county of New York in school district ten as it  existed  prior  to  the
implementation  of  this  paragraph  shall  continue to remain in school
district  ten  as  such  district  is  comprised; (ii) the boundaries of
community district thirty-one shall  continue  to  remain  as  they  are
currently  comprised;  and  (iii)  no  county shall have fewer community
school districts than in existence on the effective date of  this  para-
graph.
  (d)  The  study  group  shall hold one or more public hearings in each
borough before final adoption of its recommendations.  The  study  group
shall  make  its  recommendations available to the public for inspection
and comment not less than one month before the first such  public  hear-
ing.  Following its consideration of the comments received on the recom-
mendations, the study group shall prepare a report containing its  final
recommendations.  The  study  group  shall submit its report to the city
board and make such report available to the  public  for  inspection  no
later than November first, nineteen hundred ninety-four.
  (e)  The  city  board  of education shall hold public hearings in each
borough on the recommendations submitted by  the  study  group  and  may
adopt,  revise  or  reject in whole or in part such recommendations, or,
may request the study group  to  submit  adjusted  recommendations.  The
final recommendations shall be adopted by the city board of education no
later  than  February first, nineteen hundred ninety-five to take effect
July first, nineteen hundred  ninety-six,  provided  that  such  revised
boundaries  adopted  by the city board pursuant to this chapter shall be
used for purposes of community school board elections to be held on  the
first Tuesday in May, nineteen hundred ninety-six.
  (f) Provided, however, that the city board may make minor adjustments,
(i)  to  correct  errors that may occur in the district lines adopted by
the city board, or (ii) upon showing a change in circumstances. Any such
limited revisions to community school district lines may  occur  between
the  effective  date  of  this paragraph and the city board readjustment
scheduled in the year two thousand four.
  (g) No public hearings required pursuant to this subdivision shall  be
held  during the months of July and August. All public hearings shall be
held at a time and place designated to  maximize  community  and  parent
participation. Notice of all such public hearings shall be provided in a
timely  manner  to  all  print  and electronic media and shall be widely
distributed to all interested parties, so as to  maximize  participation
by parents and the community. In addition such notice shall be posted in
each school building and district office.
  4.  a. There shall be a city-wide council on special education created
pursuant to this section. The city-wide  council  on  special  education
shall  consist  of  eleven  voting members and one non-voting member, as
follows:
  (1) nine voting members who shall be parents of students [who  receive
services  pursuant to article eighty-nine of this chapter] WITH INDIVID-
UALIZED EDUCATION PROGRAMS, to be selected by parents of  students  [who
receive  such  services] WITH INDIVIDUALIZED EDUCATION PROGRAMS pursuant
to a representative process developed by the  chancellor.  Such  members
shall serve a two year term;
  (2) two voting members appointed by the public advocate of the city of
New  York,  who shall be individuals with extensive experience and know-
ledge in the areas of educating, training or employing individuals  with
handicapping  conditions  and  will  make  a significant contribution to

S. 6052--A                          5

improving special education in the city  district.  Such  members  shall
serve a two year term; and
  (3)  one  non-voting  member  who  is  a high school senior [receiving
services pursuant to article eighty-nine of this chapter] WITH AN  INDI-
VIDUALIZED  EDUCATION PROGRAM, appointed by the administrator designated
by the chancellor to supervise [city-wide] special  education  programs.
Such member shall serve a one year term.
  b.  [Members shall not be paid a salary or stipend, but shall be reim-
bursed for all actual and necessary expenses  directly  related  to  the
duties  and  responsibilities of the city-wide council on special educa-
tion.
  c.] The city-wide council on special education shall  have  the  power
to:
  (1)  advise  and  comment  on  any educational or instructional policy
involving the provision of services [pursuant to article eighty-nine  of
this chapter] FOR STUDENTS WITH DISABILITIES;
  (2)  advise  and  comment  on  the  process of establishing committees
and/or subcommittees on special education in community school  districts
pursuant to section forty-four hundred two of this chapter;
  (3)  issue  an annual report on the effectiveness of the city district
in providing services [pursuant to article eighty-nine of this  chapter]
TO  STUDENTS  WITH DISABILITIES and making recommendations, as appropri-
ate, on how to improve the efficiency and delivery of such services; and
  (4) hold at least one meeting per month open to the public and  during
which the public may discuss issues facing students with disabilities.
  [d.  The  city-wide  council on special education may appoint a secre-
tary, pursuant to the policies of the city board who shall  perform  the
following  functions:  (1) prepare meeting notices, agendas and minutes;
(2) record and maintain accounts  of  proceedings  and  other  city-wide
council  on special education meetings; and (3) prepare briefing materi-
als and other related informational materials for such  meetings.    The
city-wide  council  on  special  education  shall be responsible for the
appointment, supervision, evaluation and discharge of the secretary.
  e. No person may serve on both the city-wide council on special educa-
tion and a community district education council. A member of  the  city-
wide  council on special education shall be ineligible to be employed by
such council, any community district  education  council,  or  the  city
board. No person shall be eligible for membership on the city-wide coun-
cil  on  special education if he or she holds any elective public office
or any elective or appointed party position except that of  delegate  or
alternate delegate to a national, state, judicial or other party conven-
tion, or member of a county committee.
  A  person who has been convicted of a felony, or has been removed from
the city-wide council on special education, a community school board, or
community district education council for any of the following  shall  be
permanently  ineligible  for  appointment  to  the  city-wide council on
special education: (1) an act of malfeasance directly related to his  or
her  service  on  such city-wide council on special education, community
school board or community district education council; or (2)  conviction
of a crime, if such crime is directly related to his or her service upon
such  city-wide  council on special education, community school board or
community district education council.
  f. (1) In addition to the conditions enumerated in the public officers
law creating a vacancy, a member of the  city-wide  council  on  special
education who refuses or neglects to attend three meetings of such coun-
cil  of which he or she is duly notified, without rendering in writing a

S. 6052--A                          6

good and valid excuse therefore vacates his or her office by refusal  to
serve.  Each  absence  and any written excuse rendered shall be included
within the official written minutes of such  meeting.  After  the  third
unexcused  absence  the  city-wide  council  on  special education shall
declare a vacancy to the chancellor.
  (2)] C. Vacancies shall be filled for an unexpired term by  the  city-
wide  council  on  special education, pursuant to a process developed by
the chancellor that shall include consultation with parents of  students
[who  receive  services pursuant to article eighty-nine of this chapter]
WITH INDIVIDUALIZED EDUCATIONAL PROGRAMS; PROVIDED HOWEVER, THAT WHERE A
VACANCY OCCURS IN A POSITION  APPOINTED  BY  THE  PUBLIC  ADVOCATE,  THE
PUBLIC  ADVOCATE  SHALL  APPOINT  A MEMBER TO SERVE THE REMAINDER OF THE
UNEXPIRED TERM.
  5. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS
CREATED PURSUANT TO THIS  SECTION.  THE  CITY-WIDE  COUNCIL  ON  ENGLISH
LANGUAGE  LEARNERS  SHALL  CONSIST  OF  ELEVEN  VOTING  MEMBERS  AND ONE
NON-VOTING MEMBER, AS FOLLOWS:
  (I) NINE VOTING MEMBERS WHO SHALL BE PARENTS OF STUDENTS WHO ARE IN  A
BILINGUAL  OR ENGLISH AS A SECOND LANGUAGE PROGRAM CONDUCTED PURSUANT TO
SECTION THIRTY-TWO HUNDRED FOUR OF  THIS  CHAPTER,  TO  BE  SELECTED  BY
PARENTS  OF  STUDENTS  WHO RECEIVE SUCH SERVICES PURSUANT TO A REPRESEN-
TATIVE PROCESS DEVELOPED BY THE CHANCELLOR. SUCH MEMBERS SHALL  SERVE  A
TWO YEAR TERM;
  (II)  TWO  VOTING MEMBERS APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY
OF NEW YORK, WHO SHALL BE  INDIVIDUALS  WITH  EXTENSIVE  EXPERIENCE  AND
KNOWLEDGE  IN THE EDUCATION OF ENGLISH LANGUAGE LEARNERS AND WILL MAKE A
SIGNIFICANT CONTRIBUTION TO IMPROVING BILINGUAL AND ENGLISH AS A  SECOND
LANGUAGE  PROGRAMS  IN THE CITY DISTRICT. SUCH MEMBERS SHALL SERVE A TWO
YEAR TERM; AND
  (III) ONE NON-VOTING MEMBER WHO IS A HIGH SCHOOL SENIOR WHO IS OR  HAS
BEEN  IN  A BILINGUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAM, APPOINTED
BY THE ADMINISTRATOR DESIGNATED BY  THE  CHANCELLOR  TO  SUPERVISE  SUCH
PROGRAMS. SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  (B)  THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS SHALL HAVE THE
POWER TO:
  (I) ADVISE AND COMMENT ON  ANY  EDUCATIONAL  OR  INSTRUCTIONAL  POLICY
INVOLVING BILINGUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAMS;
  (II)  ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY DISTRICT
IN PROVIDING SERVICES TO ENGLISH LANGUAGE LEARNERS AND MAKING  RECOMMEN-
DATIONS,  AS  APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY
OF SUCH SERVICES; AND
  (III) HOLD AT LEAST ONE MEETING PER  MONTH  OPEN  TO  THE  PUBLIC  AND
DURING WHICH THE PUBLIC MAY DISCUSS ISSUES FACING ENGLISH LANGUAGE LEAR-
NERS.
  (C)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON ENGLISH LANGUAGE LEARNERS, PURSUANT TO A PROCESS DEVELOPED BY
THE CHANCELLOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF  STUDENTS
WHO  RECEIVE  SERVICES  FOR ENGLISH LANGUAGE LEARNERS; PROVIDED HOWEVER,
THAT WHERE A VACANCY OCCURS IN A POSITION APPOINTED BY THE PUBLIC  ADVO-
CATE,  THE PUBLIC ADVOCATE SHALL APPOINT A MEMBER TO SERVE THE REMAINDER
OF THE UNEXPIRED TERM.
  6. (A) THERE SHALL BE A CITY-WIDE  COUNCIL  ON  HIGH  SCHOOLS  CREATED
PURSUANT  TO  THIS  SECTION. THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL
CONSIST OF  THIRTEEN  VOTING  MEMBERS  AND  ONE  NON-VOTING  MEMBER,  AS
FOLLOWS:

S. 6052--A                          7

  (I)  TEN  VOTING  MEMBERS  WHO  SHALL BE PARENTS OF STUDENTS ATTENDING
PUBLIC HIGH SCHOOLS. TWO MEMBERS  REPRESENTING  EACH  BOROUGH  SHALL  BE
SELECTED  BY  PRESIDENTS  AND  OFFICERS  OF THE PARENTS' ASSOCIATIONS OR
PARENT-TEACHERS' ASSOCIATIONS IN THE RELEVANT  BOROUGH,  PURSUANT  TO  A
PROCESS  ESTABLISHED  BY  THE CHANCELLOR. SUCH MEMBERS SHALL SERVE A TWO
YEAR TERM;
  (II) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A HIGH SCHOOL  STUDENT
WITH AN INDIVIDUALIZED EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED
BY  THE  CITY-WIDE  COUNCIL  ON SPECIAL EDUCATION, AND SHALL SERVE A TWO
YEAR TERM;
  (III) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT IN A BILIN-
GUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAM CONDUCTED IN A PUBLIC  HIGH
SCHOOL.    SUCH  MEMBER  SHALL  BE APPOINTED BY THE CITY-WIDE COUNCIL ON
ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;
  (IV) ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
NEW YORK, WHO SHALL BE A RESIDENT OF THE CITY AND SHALL  HAVE  EXTENSIVE
BUSINESS,  TRADE,  OR EDUCATION EXPERIENCE AND KNOWLEDGE WHO WILL MAKE A
SIGNIFICANT CONTRIBUTION TO IMPROVING EDUCATION IN  THE  CITY  DISTRICT.
SUCH MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AND
  (V)  ONE  NON-VOTING  MEMBER  WHO  IS  A  PUBLIC  HIGH  SCHOOL SENIOR,
APPOINTED BY THE CHANCELLOR PURSUANT TO A PROCESS DEVELOPED BY THE CHAN-
CELLOR.  SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO
ARE CANDIDATES IN THE SELECTION PROCESS ESTABLISHED  BY  THE  CHANCELLOR
PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH
SELECTION  PROCESS.  THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE IN THE
PLACE OF EACH SUCH OFFICER FOR PURPOSES OF THE SELECTION PROCESS.
  (B) THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL HAVE THE POWER TO:
  (I) ADVISE AND COMMENT ON  ANY  EDUCATIONAL  OR  INSTRUCTIONAL  POLICY
INVOLVING HIGH SCHOOLS;
  (II)  ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY DISTRICT
IN PROVIDING SERVICES TO HIGH SCHOOL  STUDENTS  AND  MAKING  RECOMMENDA-
TIONS,  AS APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY OF
SUCH SERVICES; AND
  (III) HOLD AT LEAST ONE MEETING PER  MONTH  OPEN  TO  THE  PUBLIC  AND
DURING WHICH THE PUBLIC MAY DISCUSS ISSUES FACING HIGH SCHOOLS.
  (C)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS, PURSUANT TO A PROCESS DEVELOPED BY THE CHANCEL-
LOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF  STUDENTS  ATTENDING
PUBLIC  HIGH SCHOOL; PROVIDED, HOWEVER, THAT WHERE A VACANCY OCCURS IN A
POSITION APPOINTED BY THE PUBLIC ADVOCATE,  THE  PUBLIC  ADVOCATE  SHALL
APPOINT A MEMBER TO SERVE THE REMAINDER OF THE UNEXPIRED TERM.
  7. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON THE ARTS CREATED PURSUANT
TO  THIS  SECTION.  THE  CITY-WIDE  COUNCIL ON THE ARTS SHALL CONSIST OF
THIRTEEN VOTING MEMBERS AND ONE NON-VOTING MEMBER, AS FOLLOWS:
  (I) TEN VOTING MEMBERS WHO SHALL  BE  PARENTS  OF  STUDENTS  ATTENDING
PUBLIC  SCHOOLS. TWO MEMBERS REPRESENTING EACH BOROUGH SHALL BE SELECTED
BY PRESIDENTS AND OFFICERS OF THE PARENT-TEACHERS' ASSOCIATIONS  IN  THE
RELEVANT  BOROUGH,  PURSUANT TO A PROCESS ESTABLISHED BY THE CHANCELLOR.
SUCH MEMBERS SHALL SERVE A TWO YEAR TERM;
  (II) ONE VOTING MEMBER WHO SHALL BE A PARENT  OF  A  STUDENT  WITH  AN
INDIVIDUALIZED  EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED BY THE
CITY-WIDE COUNCIL ON SPECIAL EDUCATION, AND SHALL SERVE A TWO YEAR TERM;
  (III) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT IN A BILIN-
GUAL OR ENGLISH AS A SECOND  LANGUAGE  PROGRAM  CONDUCTED  IN  A  PUBLIC

S. 6052--A                          8

SCHOOL.  SUCH  MEMBER  SHALL  BE  APPOINTED  BY THE CITY-WIDE COUNCIL ON
ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;
  (IV) ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
NEW  YORK,  WHO SHALL BE A RESIDENT OF THE CITY AND SHALL HAVE EXTENSIVE
BUSINESS, TRADE, OR EDUCATION EXPERIENCE AND KNOWLEDGE WHO WILL  MAKE  A
SIGNIFICANT  CONTRIBUTION  TO  IMPROVING EDUCATION IN THE CITY DISTRICT.
SUCH MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AND
  (V) ONE  NON-VOTING  MEMBER  WHO  IS  A  PUBLIC  HIGH  SCHOOL  SENIOR,
APPOINTED BY THE CHANCELLOR PURSUANT TO A PROCESS DEVELOPED BY THE CHAN-
CELLOR.  SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO
ARE  CANDIDATES  IN  THE SELECTION PROCESS ESTABLISHED BY THE CHANCELLOR
PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH
SELECTION PROCESS. THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE  IN  THE
PLACE OF EACH SUCH OFFICER FOR PURPOSES OF THE SELECTION PROCESS.
  (B) THE CITY-WIDE COUNCIL ON THE ARTS SHALL HAVE THE POWER TO:
  (I)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING THE ARTS;
  (II) ISSUE AN ANNUAL  REPORT  ON  COMPLIANCE  WITH  STATE  REGULATIONS
GOVERNING  ARTS  EDUCATION,  THE  EFFECTIVENESS  OF THE CITY DISTRICT IN
PROVIDING ARTS INSTRUCTION AND PROGRAMMING TO  PUBLIC  SCHOOL  STUDENTS,
AND  MAKING  RECOMMENDATIONS,  AS  APPROPRIATE,  ON  HOW  TO IMPROVE THE
ADEQUACY, EFFICIENCY AND DELIVERY OF SUCH SERVICES; AND
  (III) HOLD AT LEAST ONE MEETING PER  MONTH  OPEN  TO  THE  PUBLIC  AND
DURING  WHICH THE PUBLIC MAY DISCUSS ISSUES FACING THE DESIGN, IMPLEMEN-
TATION AND EFFECTIVENESS ON  ARTS  CURRICULUM  AND  PROGRAMMING  IN  THE
SCHOOLS.
  (C)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS, PURSUANT TO A PROCESS DEVELOPED BY THE CHANCEL-
LOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF  STUDENTS  ATTENDING
PUBLIC  HIGH SCHOOL; PROVIDED, HOWEVER, THAT WHERE A VACANCY OCCURS IN A
POSITION APPOINTED BY THE PUBLIC ADVOCATE,  THE  PUBLIC  ADVOCATE  SHALL
APPOINT A MEMBER TO SERVE THE REMAINDER OF THE UNEXPIRED TERM.
  8.  (A) MEMBERS OF THE CITY-WIDE COUNCILS ESTABLISHED PURSUANT TO THIS
SECTION SHALL NOT BE PAID A SALARY OR STIPEND, BUT SHALL  BE  REIMBURSED
FOR ALL ACTUAL AND NECESSARY EXPENSES DIRECTLY RELATED TO THE DUTIES AND
RESPONSIBILITIES OF THE CITY-WIDE COUNCIL ON WHICH THEY SERVE.
  (B)  EACH  SUCH CITY-WIDE COUNCIL MAY APPOINT A SECRETARY, PURSUANT TO
THE POLICIES OF THE CITY BOARD, WHO SHALL PERFORM  THE  FOLLOWING  FUNC-
TIONS:
  (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (II) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS AND MEETINGS; AND
  (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS.
  EACH  CITY-WIDE  COUNCIL  SHALL  BE  RESPONSIBLE  FOR THE APPOINTMENT,
SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (C) NO PERSON MAY SERVE AT THE SAME TIME ON MORE  THAN  ONE  CITY-WIDE
COUNCIL  ESTABLISHED  PURSUANT TO THIS SECTION, NOR MAY ANY PERSON SERVE
AT THE SAME TIME ON SUCH A CITY-WIDE COUNCIL AND ANY COMMUNITY  DISTRICT
EDUCATION COUNCIL.
  (D)  A  MEMBER  OF  A  CITY-WIDE  COUNCIL ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE INELIGIBLE TO BE EMPLOYED  BY  ANY  SUCH  COUNCIL,  ANY
COMMUNITY DISTRICT EDUCATION COUNCIL, OR THE CITY BOARD.
  (E)  NO PERSON SHALL BE ELIGIBLE FOR MEMBERSHIP ON A CITY-WIDE COUNCIL
ESTABLISHED PURSUANT TO THIS SECTION IF HE OR  SHE  HOLDS  ANY  ELECTIVE
PUBLIC OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF

S. 6052--A                          9

DELEGATE  OR  ALTERNATE DELEGATE TO A NATIONAL, STATE, JUDICIAL OR OTHER
PARTY CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.
  (F)  A  PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR HAS BEEN REMOVED
FROM A CITY-WIDE COUNCIL ESTABLISHED PURSUANT TO THIS SECTION OR  COMMU-
NITY DISTRICT EDUCATION COUNCIL FOR ANY OF THE FOLLOWING SHALL BE PERMA-
NENTLY INELIGIBLE FOR APPOINTMENT TO A CITY-WIDE COUNCIL:
  (I)  AN  ACT  OF MALFEASANCE DIRECTLY RELATED TO HIS OR HER SERVICE ON
SUCH CITY-WIDE COUNCIL OR COMMUNITY DISTRICT EDUCATION COUNCIL; OR
  (II) CONVICTION OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED  TO  HIS
OR  HER SERVICE UPON SUCH CITY-WIDE COUNCIL OR COMMUNITY DISTRICT EDUCA-
TION COUNCIL.
  (G) IN ADDITION TO THE CONDITIONS ENUMERATED IN  THE  PUBLIC  OFFICERS
LAW  CREATING  A  VACANCY,  A  MEMBER OF A CITY-WIDE COUNCIL ESTABLISHED
PURSUANT TO THIS SECTION WHO REFUSES OR NEGLECTS TO ATTEND  THREE  MEET-
INGS  OF  SUCH  CITY-WIDE  COUNCIL  OF WHICH HE OR SHE IS DULY NOTIFIED,
WITHOUT RENDERING IN WRITING A GOOD AND VALID  EXCUSE  THEREFOR  VACATES
HIS  OR  HER  OFFICE  BY  REFUSAL TO SERVE. EACH ABSENCE AND ANY WRITTEN
EXCUSE RENDERED SHALL BE INCLUDED WITHIN THE OFFICIAL WRITTEN MINUTES OF
SUCH MEETING. AFTER THE THIRD UNEXCUSED ABSENCE SUCH  CITY-WIDE  COUNCIL
SHALL DECLARE A VACANCY TO THE CHANCELLOR.
  S  2.  Section 2590-c of the education law, as added by chapter 123 of
the laws of 2003, is amended to read as follows:
  S 2590-c. Composition of community  district  education  councils.  1.
Each community district shall be governed by a community district educa-
tion  council.  The  community  councils  shall consist of eleven voting
members and one non-voting member, as follows:
  (a) Nine voting members shall be parents whose children are  attending
a  school  under  the  jurisdiction  of  the community district, OR HAVE
ATTENDED A SCHOOL UNDER THE JURISDICTION OF THE COMMUNITY DISTRICT WITH-
IN THE PRECEDING TWO YEARS, and shall be selected by the [presidents and
officers] MEMBERS of the parents' association or parent-teachers'  asso-
ciation.  Such  members shall serve for a term of two years.  PRESIDENTS
AND OFFICERS OF PARENTS' ASSOCIATIONS OR  PARENT-TEACHERS'  ASSOCIATIONS
WHO  ARE  CANDIDATES  IN  THE SELECTION PROCESS PURSUANT TO THIS SECTION
SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH SELECTION PROCESS. THE ASSO-
CIATION SHALL ELECT A MEMBER TO VOTE IN THE PLACE OF EACH SUCH PRESIDENT
OR OFFICER FOR THE PURPOSES OF THE SELECTION PROCESS.
  (b) Two voting members shall be appointed by  the  borough  presidents
corresponding  to  such district. Such appointees shall be residents of,
or own or operate a business in, the district and shall  be  individuals
with  extensive  business, trade, or education experience and knowledge,
who will make a significant contribution to improving education  in  the
district.  Such members shall serve for a term of two years and may only
be reappointed for one additional two year term.
  (c) One non-voting member who is a high school senior residing in  the
district, appointed by the superintendent from among the elected student
leadership. Such member shall serve for a one year term.
  Members shall not be paid a salary or stipend, but shall be reimbursed
for all actual and necessary expenses directly related to the duties and
responsibilities of the community council.
  2. For the initial community council, such members must be selected on
or  before October thirty-first, two thousand three, with terms commenc-
ing on December first, two thousand three. Thereafter, commencing in May
of two thousand five, the selection of community council  members  shall
occur on the second Tuesday in May, with terms commencing on the follow-
ing July first.

S. 6052--A                         10

  3.  Each  such council shall select one of its voting members to serve
as chair.
  4. Notwithstanding any provisions of law to the contrary, the communi-
ty  district  education council may appoint a secretary, pursuant to the
policies of the city board, who shall perform the  following  functions:
(a)  prepare  meeting notices, agendas and minutes; (b) record and main-
tain accounts of proceedings and other council meetings; and (c) prepare
briefing materials and other related informational  materials  for  such
meetings.  Each council shall be responsible for the appointment, super-
vision, evaluation and discharge of the secretary.
  5. No person may serve on more than one community council or on [both]
the city-wide council on special education,  THE  CITY-WIDE  COUNCIL  ON
ENGLISH  LANGUAGE LEARNERS, OR THE CITY-WIDE COUNCIL ON HIGH SCHOOLS and
a community council. A member of a community council shall be ineligible
to be employed by the community council of which he or she is a  member,
any other community council, the city-wide council on special education,
THE  CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS, THE CITY-WIDE COUN-
CIL ON HIGH SCHOOLS, or the city board.  No person shall be eligible for
membership on a community council if he or she holds any elective public
office or any elective or appointed party position except that of  dele-
gate or alternate delegate to a national, state, judicial or other party
convention, or member of a county committee.
  A  person who has been convicted of a felony, or has been removed from
a community school board, community district education council,  or  the
city-wide council on special education, THE CITY-WIDE COUNCIL ON ENGLISH
LANGUAGE  LEARNERS,  OR THE CITY-WIDE COUNCIL ON HIGH SCHOOLS for any of
the following shall be permanently ineligible  for  appointment  to  any
community district education council: (a) an act of malfeasance directly
related to his or her service on [such] THE city-wide council on special
education,  THE  CITY-WIDE  COUNCIL  ON  ENGLISH  LANGUAGE LEARNERS, THE
CITY-WIDE COUNCIL ON HIGH SCHOOLS, community school board  or  community
district  education council; or (b) conviction of a crime, if such crime
is directly related to his or her  service  upon  [such]  THE  city-wide
council  on special education, THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE
LEARNERS, THE CITY-WIDE COUNCIL ON HIGH SCHOOLS, community school  board
or community district education council.
  Any decision rendered by the chancellor or the city board with respect
to  the  eligibility  or  qualifications  of  the nominees for community
district education councils must  be  written  and  made  available  for
public inspection within seven days of its issuance at the office of the
chancellor  and  the city board. Such written decision shall include the
factual and legal basis for its issuance and a record  of  the  vote  of
each board member who participated in the decision, if applicable.
  6. (a) In addition to the conditions enumerated in the public officers
law creating a vacancy, a member of a community district education coun-
cil  who refuses or neglects to attend three meetings of such council of
which he or she is duly notified, without rendering in  writing  a  good
and  valid  excuse  therefore  vacates  his  or her office by refusal to
serve. Each absence and any written excuse rendered  shall  be  included
within  the  official  written  minutes of such meeting. After the third
unexcused absence the community council shall declare a vacancy  to  the
chancellor.
  (b)  (1)  Vacancies  IN POSITIONS THAT WERE NOT APPOINTED BY A BOROUGH
PRESIDENT shall be  filled  for  an  unexpired  term  by  the  community
district education council after consultation with the presidents' coun-
cil  or  other  consultative body representing parents' associations and

S. 6052--A                         11

other educational groups within the district.  Recommendations  made  by
such  parents and other educational groups shall be submitted in writing
and included within the record of the meeting at which  the  vacancy  is
filled.
  (2)  IF  SUCH  VACANCY  RESULTS IN THE COUNCIL NOT HAVING AT LEAST ONE
MEMBER WHO IS A PARENT OF A STUDENT WHO IS AN ENGLISH LANGUAGE  LEARNER,
OR RESULTS IN THE COUNCIL NOT HAVING AT LEAST ONE MEMBER WHO IS A PARENT
OF  A  STUDENT  WITH  AN INDIVIDUALIZED EDUCATION PROGRAM, THE COMMUNITY
COUNCIL SHALL SELECT A PARENT HAVING SUCH  QUALIFICATIONS  TO  FILL  THE
VACANCY.
  (c) If the vacancy is not filled by the community council within sixty
days  after  it  is declared due to a tie vote for such appointment, the
chancellor shall vote with the community  council,  to  break  such  tie
vote.  If  the  community  council has failed to fill the vacancy within
sixty days after it is declared because of any other reason,  the  chan-
cellor  shall  order  the community council to do so pursuant to section
twenty-five hundred ninety-1 of this article.
  (D) WHERE A VACANCY OCCURS IN A POSITION APPOINTED BY A BOROUGH PRESI-
DENT, THE BOROUGH PRESIDENT SHALL APPOINT A MEMBER TO SERVE THE  REMAIN-
DER OF THE UNEXPIRED TERM.
  7.  (a)  Each  community  council shall prepare and submit to the city
board a performance report every month. The information  provided  shall
include  community council members' attendance records; participation in
community council committees and  other  community  council  activities;
visits  to schools; and voting records on major issues before the commu-
nity council.
  (b) The city  board  shall  review  and  consolidate  the  performance
reports into one comprehensive city district-wide report, which shall be
disseminated to the community and the media semiannually.
  8.  The  chancellor  shall:  (a) develop a process to ensure a uniform
election process for  parent  associations  and  parent-teacher  associ-
ations.  Such  process shall ensure uniformity with respect to timing of
elections and the structure and size of the body.
  (b) develop a process for nomination of candidates for community coun-
cil membership. Such process will outline in detail the procedure  which
must  be  followed  to present a name for consideration, [shall prohibit
officers of any parent association or  parent-teacher  association  from
being  nominated,]  may include qualifications and prohibitions in addi-
tion to those outlined in this section and may allow  for  an  interview
process for nominees.
  (c)  develop  selection procedures for community council members which
shall attempt to ensure membership that reflects a representative cross-
section of the communities within the school district and  diversity  of
the  student  population  including  those  with  particular educational
needs, shall include consideration of the enrollment figures within each
community district and the potential disparity of such  enrollment  from
school  to  school  within  the  district, and shall ensure that, to the
extent possible, a school may have no more  than  one  parent  represen-
tative  on  the community council.  SUCH PROCEDURES SHALL ENSURE THAT AT
LEAST ONE POSITION ON THE COMMUNITY COUNCIL IS FILLED BY A PARENT  OF  A
STUDENT WHO IS AN ENGLISH LANGUAGE LEARNER, AND AT LEAST ONE POSITION IS
FILLED  BY  A  PARENT  OF  A  STUDENT  WITH  AN INDIVIDUALIZED EDUCATION
PROGRAM, AND SHALL ALLOW FOR THE SEVEN REMAINING POSITIONS TO BE  FILLED
BY PARENTS WHO ARE OTHERWISE ELIGIBLE.

S. 6052--A                         12

  (d) promulgate rules and regulations requiring financial disclosure by
the  nominees  and  policies  prohibiting  political endorsements of and
campaign contributions to nominees.
  (e)  beginning in January of each school year and continuing until the
date of selection, ensure the distribution of guides to parents in addi-
tion to information regarding community council  roles,  functions,  and
activities,  including  upcoming parents' association and parent-teacher
association elections, candidate information,  and  the  nature  of  the
selection process.
  Prior  to  the  adoption  of the processes, procedures, rules or regu-
lations set forth in this subdivision, the chancellor shall ensure  that
there  is an inclusive public process which allows for sufficient public
input from parents and the community including public hearings. All such
processes, procedures, rules or regulations must be final in  sufficient
time  to  assure  for an orderly implementation and notification of such
processes, procedures, rules or regulations to allow for full  community
participation in the nomination and selection processes and procedures.
  S  3. Subdivision 1 of section 2590-d of the education law, as amended
by chapter 123 of the laws of 2003, is amended to read as follows:
  1. The city board and the chancellor shall prescribe such by-laws  and
regulations as may be necessary to make effectual the provisions of this
chapter  and for the conduct of the proceedings of said board CONSISTENT
WITH THE REQUIREMENTS OF THIS ARTICLE.  THE  CITY  BOARD  BY-LAWS  SHALL
INCLUDE A PROCESS BY WHICH ANY MEMBER OF THE CITY BOARD MAY REQUEST THAT
ITEMS  BE PLACED ON THE CITY BOARD'S AGENDA. SUCH REQUEST MAY BE MADE AT
A CITY BOARD REGULAR PUBLIC MEETING OR PRIOR TO  SUCH  MEETING.    IF  A
MEMBER  OF  THE CITY BOARD REQUESTS THAT AN ITEM BE PLACED ON THE AGENDA
AT A REGULAR PUBLIC MEETING OF THE  CITY  BOARD,  THEN  THE  CHAIRPERSON
SHALL  RESPOND  TO  THE REQUEST AT SUCH MEETING. IF A MEMBER OF THE CITY
BOARD REQUESTS THAT AN ITEM BE PLACED ON THE AGENDA AT ANY TIME PRIOR TO
A REGULAR PUBLIC MEETING OF THE CITY BOARD, THEN THE  CHAIRPERSON  SHALL
RESPOND  TO  THE  REQUEST  AT  ANY  TIME PRIOR TO THE SUBSEQUENT REGULAR
PUBLIC MEETING.  Said by-laws and regulations  shall  be  published  and
indexed  and revised at least annually. Copies of such by-laws and regu-
lations shall be made available  for  public  inspection  VIA  THE  CITY
BOARD'S  OFFICIAL  INTERNET  WEB SITE, at the offices of the city board,
each community council, the office of the commissioner of education, and
the legislative library in Albany, and at such other places as the  city
board may deem proper.
  S  4. Section 2590-e of the education law is amended by adding two new
subdivisions 20 and 21 to read as follows:
  20. CONSULT ON THE SELECTION OF A COMMUNITY SUPERINTENDENT PURSUANT TO
SUBDIVISION THIRTY OF SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTI-
CLE.
  21. HOLD A JOINT PUBLIC HEARING WITH THE CHANCELLOR OR DEPUTY CHANCEL-
LOR, OR IN THE CASE OF A PROPOSED SIGNIFICANT CHANGE IN SCHOOL  UTILIZA-
TION  THE  CHANCELLOR  OR  HIS  OR HER DESIGNEE, AND THE IMPACTED SCHOOL
BASED MANAGEMENT TEAM REGARDING ANY PROPOSED SCHOOL CLOSING  OR  SIGNIF-
ICANT  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.
  S 5. Section 2590-f of the education law, as added by chapter  720  of
the  laws  of 1996, paragraphs (s) and (t) of subdivision 1 and subdivi-
sions 2 and 3 as amended and paragraph (u) of subdivision 1 as added  by
chapter 123 of the laws of 2003, is amended to read as follows:

S. 6052--A                         13

  S  2590-f.  Community  superintendents.  1.  Subject  in every case to
powers devolved to principals and schools consistent with this  article,
the  COMMUNITY superintendent shall have the following powers and duties
AS SUPERINTENDENT OF SCHOOLS FOR THE COMMUNITY DISTRICT, WHICH SHALL  BE
EXERCISED  IN A MANNER TO ENSURE THE IMPLEMENTATION OF ALL PROVISIONS OF
LAW, RULES AND REGULATIONS RELATING TO THE MANAGEMENT OF THE SCHOOLS AND
THE DELIVERY OF INSTRUCTIONAL SERVICES:
  (a) to assist district schools in obtaining waivers from state, feder-
al and city board  regulations  where  appropriate  to  promote  student
achievement and school performance.
  (b)  to  delegate any of her or his powers and duties to such subordi-
nate officers or employees of her or his community district as she or he
deems appropriate, AT HIS OR HER  SOLE  DISCRETION,  and  to  modify  or
rescind any power and duty so delegated.
  (c)  except  for  the appointment of supervisors pursuant to paragraph
(d) of this subdivision, to  appoint,  define  the  duties  of,  assign,
promote  and  discharge  all  employees, including teacher-aides, of the
community district, and fix their compensation and terms  of  employment
within  amounts  appropriated  therefor  and  not  inconsistent with the
provisions of this article and any collective bargaining agreement.
  (d) to appoint supervisory personnel from  candidates  screened  by  a
SCREENING  committee  [including  parents,  teachers, and school support
personnel,  who  shall  be  selected  and  shall  operate  in  a  manner
prescribed  by  chancellor's regulations] CONSISTENT WITH REGULATIONS OF
THE CHANCELLOR ESTABLISHING A PROCESS THAT PROMOTES PARENTAL  AND  STAFF
INVOLVEMENT  IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
TION  OF  CANDIDATES  AND  CONSISTENT  WITH  QUALIFICATIONS  ESTABLISHED
THROUGH CHANCELLOR'S REGULATIONS.
  (e)  to appoint or reject the principal AND ASSISTANT PRINCIPAL candi-
dates screened by screening committees, [in accordance  with  procedures
and  criteria prescribed by chancellor's regulations, and subject to the
chancellor's power to reject such appointments pursuant to section twen-
ty-five hundred ninety-h of this article] CONSISTENT WITH REGULATIONS OF
THE CHANCELLOR ESTABLISHING A PROCESS THAT PROMOTES PARENTAL  AND  STAFF
INVOLVEMENT  IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
TION OF CANDIDATES, AND AFTER CONSULTING  WITH  MEMBERS  OF  THE  SCHOOL
BASED  MANAGEMENT TEAM.   CANDIDATES MUST MEET THE REQUIREMENTS OF REGU-
LATIONS OF THE  CHANCELLOR  ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
ADMINISTRATIVE  QUALIFICATIONS, INCLUDING EVALUATION OF EACH CANDIDATE'S
RECORD OF PERFORMANCE IN COMPARABLE POSITIONS AND SHALL  BE  SUBJECT  TO
THE  CHANCELLOR'S  POWER TO REJECT SUCH APPOINTMENTS PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
  (f) to SUPERVISE AND evaluate, at least annually, the  performance  of
principals  for every school in the district with respect to educational
effectiveness and school performance, including effectiveness of promot-
ing student achievement and parental involvement, DEVELOPING  AN  EFFEC-
TIVE  SHARED  DECISION-MAKING RELATIONSHIP WITH THE SCHOOL BASED MANAGE-
MENT  TEAM,   and   maintaining   school   discipline;   THE   COMMUNITY
SUPERINTENDENT  SHALL  HAVE  ACCESS TO ALL SCHOOL RECORDS THAT HE OR SHE
DEEMS NECESSARY AND SHALL CONSIDER COMMENTS CONTAINED WITHIN AN  ASSESS-
MENT  MADE BY THE SCHOOL BASED MANAGEMENT TEAM, PURSUANT TO SUBPARAGRAPH
(VII) OF PARAGRAPH (B-1) OF SUBDIVISION FIFTEEN OF  SECTION  TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE, WHEN CARRYING OUT SUCH EVALUATIONS.
  (g)  the  authority  to  transfer  or remove principals for persistent
educational failure, conflicts of interest, and ethics  violations,  and
to  require  principals  to  participate  in training and other remedial

S. 6052--A                         14

programs to address identified factors affecting student achievement and
school performance, consistent with sections twenty-five  hundred  nine-
ty-h,  twenty-five  hundred ninety-i and twenty-five hundred ninety-l of
this article.
  (h) to review, modify and approve school-based budgets proposed by the
school,  pursuant  to  section  twenty-five  hundred  ninety-r  of  this
article, PROVIDED HOWEVER, THAT THE COMMUNITY SUPERINTENDENT SHALL  ONLY
APPROVE  A  SCHOOL-BASED  BUDGET  PROPOSAL  AFTER  CERTIFYING THAT IT IS
SUFFICIENTLY  ALIGNED  WITH  ITS  CORRESPONDING  SCHOOL'S  COMPREHENSIVE
EDUCATIONAL  PLAN. THE COMMUNITY SUPERINTENDENT SHALL PRESCRIBE THE FORM
AND MANNER IN WHICH PRINCIPALS  MUST  SUBMIT  WRITTEN  JUSTIFICATION  TO
DEMONSTRATE  THAT  THE  PROPOSED SCHOOL-BASED BUDGET IS ALIGNED WITH THE
SCHOOL'S COMPREHENSIVE  EDUCATIONAL  PLAN,  AND  SHALL  ALSO  INCLUDE  A
PROVISION  ALLOWING  FOR  THE SCHOOL BASED MANAGEMENT TEAM TO RESPOND TO
SUCH JUSTIFICATION. THE  COMMUNITY  SUPERINTENDENT  SHALL  CONSIDER  THE
PRINCIPAL'S  WRITTEN  JUSTIFICATION, ALONG WITH ANY RESPONSE PROVIDED BY
THE SCHOOL BASED MANAGEMENT TEAM, PRIOR TO MAKING SUCH CERTIFICATION.
  (H-1) TO ESTABLISH A PROCESS THAT ALLOWS FOR SCHOOL  BASED  MANAGEMENT
TEAM  MEMBERS, OTHER THAN THE PRINCIPAL, TO DISPUTE ANY DECISION MADE BY
THE PRINCIPAL WHERE SUCH TEAM MEMBERS REACH A CONSENSUS THAT  THE  DECI-
SION  IS  INCONSISTENT  WITH  THE  GOALS AND POLICIES SET FORTH IN THEIR
SCHOOL'S EXISTING COMPREHENSIVE EDUCATIONAL PLAN. THE  COMMUNITY  SUPER-
INTENDENT  SHALL  PROVIDE A WRITTEN RESPONSE TO THE SCHOOL BASED MANAGE-
MENT TEAM AND THE PRINCIPAL THAT INCLUDES THE INFORMATION  REVIEWED  AND
THE  BASIS  FOR  THE  COMMUNITY SUPERINTENDENT'S DECISION REGARDING SUCH
DISPUTE.
  (i) to retain one or more district  fiscal  officers  to  monitor  and
report on schools' expenditures pursuant to the school-based budgets.
  (j)  within  the  amounts appropriated therefor to administer district
minor repair and purchasing funds, and make them  available  to  schools
consistent  with  sections  twenty-five  hundred  ninety-i,  twenty-five
hundred  ninety-r,  and  subdivisions  thirty-six  and  thirty-seven  of
section  twenty-five  hundred ninety-h of this article, for services and
supplies provided by the chancellor, the  COMMUNITY  superintendent,  or
purchased by the schools, and to provide for minor repairs to all school
buildings  and  other buildings and sites under the district's jurisdic-
tion.
  (k) subject to subdivision three of section twenty-five hundred  nine-
ty-e  of this article and this section, to approve or disapprove matters
relating to the instruction of students, including the power  to  disap-
prove  school  choices  with respect to selection of textbooks and other
instructional materials.
  (l) (1) TO PROVIDE ASSISTANCE AND DIRECT SUPPORT TO PARENTS IN ACCESS-
ING INFORMATION, ADDRESSING CONCERNS AND RESPONDING TO COMPLAINTS RELAT-
ING TO THEIR CHILD'S EDUCATION THAT CANNOT BE  RESOLVED  AT  THE  SCHOOL
LEVEL.
  (2)  to operate administrative offices and similar facilities, includ-
ing social centers, and recreational and extracurricular programs, under
the district's jurisdiction, and the duty to support  the  operation  of
school  facilities.    THE  COMMUNITY  SUPERINTENDENT  SHALL ESTABLISH A
CENTRAL OFFICE WITHIN THE DISTRICT AND  HIRE  AND  SUPERVISE  SUFFICIENT
STAFF   TO  DIRECTLY  INTERACT  WITH  PARENTS,  RESPOND  TO  INFORMATION
REQUESTS, RECEIVE INPUT AND COMMENTS, ASSIST THE  COMMUNITY  SUPERINTEN-
DENT  IN  RESOLVING COMPLAINTS IN A TIMELY MANNER, AND WORK TO DEVELOP A
COOPERATIVE RELATIONSHIP WITH PARENTS AND THE SCHOOL COMMUNITY.

S. 6052--A                         15

  (m) subject to regulations or resolutions of the city board, to  oper-
ate cafeteria or restaurant services for pupils and teachers and for the
use  by the community for school related functions and activities and to
furnish meals to the elderly, sixty  years  of  age  or  older,  of  the
district. Charges shall be sufficient to meet the direct cost of prepar-
ing and serving such meals, reducible by available reimbursements.
  (n)  to  maintain  discipline  in the educational and other facilities
under the jurisdiction of the district, including the duty to assist the
schools in maintaining discipline.
  (o) 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; provided, however, that in
actions or proceedings between community districts or between a communi-
ty district and the city board, each community district may  be  repres-
ented by its own counsel.
  (p)  in  compliance  with  rules  and regulations of the commissioner,
promulgated pursuant to section one hundred one-a of  this  chapter,  to
give written notice to the family court pursuant to subdivision three of
section  seven  hundred  fifty-eight-a  and subdivision three of section
353.6 of the family court act of the desire  of  any  school  under  the
jurisdiction  of  the  community  district  to act in the supervision of
certain juveniles while performing services for the public good.
  (q) to take all necessary steps to ensure the integrity  of  community
district  operations,  consistent  with STANDARDS, POLICIES, OBJECTIVES,
AND regulations [promulgated by the chancellor and the  city  board]  OF
THE CITY DISTRICT.
  (r)   where   so   authorized  by  the  chancellor,  to  exercise  the
chancellor's powers under subdivision thirty-one of section  twenty-five
hundred ninety-h of this article.
  (s)  to provide written notice and other related information described
in [paragraph (b) of] subdivision [four] FORTY-EIGHT of section  twenty-
five  hundred  [ninety-c]  NINETY-H of this article to every parent of a
child, including a child with a disability, attending a school under the
jurisdiction of his or  her  community  district  education  council  as
directed by the chancellor.
  (t) notwithstanding any provisions of law to the contrary, to exercise
all  of  the  duties  and responsibilities of the employing board as set
forth in section three thousand twenty-a of this chapter pursuant  to  a
delegation  of the chancellor under section twenty-five hundred ninety-h
of this article.
  (u) to provide relevant data to the community district education coun-
cil to encourage informed and  adequate  public  discussion  on  student
achievement and the state of each school within the district.
  (V)  TO  HOLD  AT  LEAST TWO PUBLIC FORUMS WITHIN THE DISTRICT, DURING
EACH SCHOOL YEAR,  FOR  THE  PURPOSE  OF  REPORTING  ON  THE  DISTRICT'S
PERFORMANCE,  INCLUDING  PROGRESS  MADE  TOWARD  ACHIEVING  THE DISTRICT
COMPREHENSIVE EDUCATIONAL PLAN GOALS, DISCUSSING PLANS FOR  IMPROVEMENT,
AND RECEIVING PARENTAL AND COMMUNITY COMMENTS AND CONCERNS; THE COMMUNI-
TY  SUPERINTENDENT  SHALL  ENSURE  THAT  NOTICE FOR THE PUBLIC FORUMS IS
POSTED IN A MANNER TO MAXIMIZE THE PARTICIPATION  OF  PARENTS,  STUDENTS
AND  SCHOOL  PERSONNEL  AND IS SPECIFICALLY CIRCULATED TO MEMBERS OF THE
SCHOOL BASED MANAGEMENT TEAMS, COMMUNITY DISTRICT EDUCATION COUNCIL  AND
THE RELEVANT COMMUNITY BOARDS.
  (W)  TO  PROVIDE  NOTICE OF ANY PROPOSED SCHOOL CLOSING OR SIGNIFICANT
CHANGE IN SCHOOL UTILIZATION, INCLUDING THE PHASE-OUT,  GRADE  RECONFIG-

S. 6052--A                         16

URATION,  RE-SITING,  OR  CO-LOCATION  OF SCHOOLS, FOR ANY PUBLIC SCHOOL
WITHIN THE COMMUNITY DISTRICT TO ALL IMPACTED PARENTS, INCLUDING  INFOR-
MATION  AS  TO  WHERE  A  COPY  OF  THE EDUCATIONAL IMPACT STATEMENT, OR
REVISED  EDUCATIONAL IMPACT STATEMENT IF APPLICABLE, MAY BE OBTAINED AND
THE DATE OF ANY HEARING ON SUCH SCHOOL CLOSURE OR SIGNIFICANT CHANGE  IN
SCHOOL  UTILIZATION PURSUANT TO SUBDIVISION TWO-A OF SECTION TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE.
  2. In exercising such powers and duties each community  superintendent
shall  comply  with  all applicable provisions of law, by-laws, rules or
regulations, directives or agreements of the chancellor and his  or  her
community  district education council and with the city-wide educational
policies established by the city board and his or her community district
education council, including performance standards addressed to adminis-
tration and educational effectiveness, and any requirements for continu-
ing training and education, embodied in standards,  circulars  or  regu-
lations  promulgated  by  the  chancellor  PROVIDED  HOWEVER,  THAT  THE
CHANCELLOR SHALL ENSURE THAT COMMUNITY SUPERINTENDENTS ARE  ASSIGNED  TO
TASKS  PREDOMINANTLY WITHIN THEIR OWN COMMUNITY DISTRICTS AND THAT IN NO
EVENT SHALL COMMUNITY SUPERINTENDENTS BE ASSIGNED ANY TASK  WHICH  WOULD
IMPAIR THEIR ABILITY TO EXERCISE THE POWERS AND DUTIES ENUMERATED WITHIN
THIS  SECTION,  SUCH  AS  RESPONDING  TO PARENTAL COMMENTS AND CONCERNS,
APPOINTING AND EVALUATING PRINCIPALS,  APPROVING  SCHOOL-BASED  BUDGETS,
OVERSEEING  EDUCATIONAL INSTRUCTION, PROVIDING ACCESS TO INFORMATION AND
ASSISTING WITH RESOLVING COMPLAINTS.
  3. No person who has served as a member of a community district educa-
tion council may be employed by that board or the COMMUNITY  superinten-
dent  of  that  district within a period of three years after the termi-
nation of such service unless such person  qualifies  for  the  position
pursuant  to  a competitive examination and applicable provisions of the
civil service law.
  S 6. Section 2590-g of the education law, as amended by chapter 91  of
the laws of 2002, subdivision 4 as amended by chapter 123 of the laws of
2003, is amended to read as follows:
  S  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 execu-
tive power and perform no executive or administrative functions.   Noth-
ing  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[, and  regulations]
proposed  by  the chancellor directly related to educational achievement
and student performance; [and]
  (b) consider and approve any other  standards,  policies,  AND  objec-
tives[, and regulations] 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  AMEND-
MENTS  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;

S. 6052--A                         17

  (F)  APPROVE  THE  ALLOCATION  OF  PROJECTED  REVENUES AMONG COMMUNITY
DISTRICTS AND THEIR SCHOOLS PURSUANT TO SUBDIVISION A OF  SECTION  TWEN-
TY-FIVE  HUNDRED NINETY-R OF THIS ARTICLE AND TO APPROVE THE AGGREGATION
OF THE COMMUNITY DISTRICT BUDGETS, WITH A PROPOSED BUDGET  FOR  ADMINIS-
TRATIVE  AND OPERATIONAL EXPENDITURES OF THE CITY BOARD AND THE CHANCEL-
LOR, 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 AMEND-
MENTS  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 ARTI-
CLE.
  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 author-
ity to appoint staff pursuant to subdivision forty-one of section  twen-
ty-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. [Approve contracts that would significantly impact the provision of
educational  services  or  programming within the district.] (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 COMPET-
ITIVE SEALED BIDDING PURSUANT TO SUBDIVISION THIRTY-SIX OF SECTION TWEN-
TY-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;

S. 6052--A                         18

  (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 program-
ming 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 SUBDIVI-
SION 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;

S. 6052--A                         19

  (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 APPLI-
CABLE;
  (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 IMME-
DIATE  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 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 CHANCEL-
LOR  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

S. 6052--A                         20

THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK OR THE COMPTROLLER
OF THE CITY OF NEW YORK, IN A TIMELY FASHION.
  S 7. Section 2590-h of the education law, as amended by chapter 720 of
the laws of 1996, the opening paragraph, subdivisions 16, 17, 18, 29, 36
and  37  as  amended and subdivisions 16-a, 30, 38-a, 41, 42, 43, 45, 46
and 47 as added by chapter 91 of the laws  of  2002,  paragraph  (a)  of
subdivision  1,  subdivisions 2, 9, 11, 13, 15, 31, 38, 39, 40 and 44 as
amended and paragraph (b-1) of subdivision 15 as added by chapter 123 of
the laws of 2003, subdivision 20 as amended by chapter 100 of  the  laws
of  2003 and paragraph (b) of subdivision 39 and paragraph (c) of subdi-
vision 40 as amended by chapter 285 of the laws of 2007, is  amended  to
read as follows:
  S  2590-h.  Powers and duties of chancellor.  The office of chancellor
of the city district is hereby continued. Such chancellor shall serve at
the pleasure of and be employed by the mayor of the city of New York  by
contract.  The length of such contract shall not exceed by more than two
years the term of office of the mayor  authorizing  such  contract.  The
chancellor  shall  receive  a salary to be fixed by the mayor within the
budgetary allocation therefor.   ANY  CHANCELLOR  APPOINTED  AFTER  JULY
FIRST,  TWO THOUSAND NINE SHALL, AT THE TIME OF APPOINTMENT, POSSESS THE
VALID CERTIFICATION APPLICABLE TO  SCHOOL  SUPERINTENDENTS  PURSUANT  TO
PART  80  OF  THE  NEW  YORK  STATE CODES, RULES AND REGULATIONS AND THE
COMMISSIONER SHALL NOT CONSIDER ANY APPLICATIONS FOR A  WAIVER  OF  SUCH
CERTIFICATE.  He  or she shall exercise all his or her powers and duties
in a manner not inconsistent with the city-wide educational policies  of
the  city  board.    The  chancellor shall have the following powers and
duties as the superintendent of schools and chief executive officer  for
the  city  district,  which  the chancellor shall exercise to promote an
equal educational opportunity for all students in  the  schools  of  the
city  district,  promote fiscal and educational equity, increase student
achievement and school  performance  and  encourage  local  school-based
innovation, including the power and duty to:
  1. Control and operate:
  (a) academic and vocational senior high schools until such time as the
same  may  be  transferred  to the jurisdiction of appropriate community
district education councils pursuant to this article;
  (b) all specialized senior high  schools.  The  special  high  schools
shall include the present schools known as:
  The  Bronx  High  School  of Science, Stuyvesant High School, Brooklyn
Technical High School, Fiorello H. LaGuardia High School  of  Music  and
the Arts in the borough of Manhattan, and such further schools which the
city board may designate from time to time. The special schools shall be
permitted  to maintain a discovery program in accordance with the law in
effect on the date preceding the effective date of this section;  admis-
sions  to  the special schools shall be conducted in accordance with the
law in effect on the date preceding the effective date of this section;
  (c) all special education programs and services conducted pursuant  to
this chapter;
  (d)  subject to the provisions of section twenty-five hundred ninety-i
of this article, devolving powers to the schools, city-wide programs for
city-wide services to a substantial number of persons from more than one
community district, including transportation; food services; payroll and
personnel functions, including  pension  and  retirement  services;  and
enforcement  of  laws  and  regulations  promoting  equal opportunity in
employment, access to public accommodations and facilities, equal oppor-
tunity in education, and preventing and  addressing  unlawful  discrimi-

S. 6052--A                         21

nation;  provided,  however,  that a community district may also operate
within its district programs which provide  similar  services  otherwise
authorized by this article.
  2. Establish, control and operate new schools or programs of the types
specified in subdivision one of this section, or to discontinue any such
schools and programs as he or she may determine; provided, however, that
the chancellor shall consult with the affected community district educa-
tion council before:
  (a)  substantially  expanding  or  reducing such an existing school or
program within a community district;
  (b) initially utilizing a community district school  or  facility  for
such a school or program;
  (c) instituting any new program within a community district.
  2-A.  (A) NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, PREPARE
AN EDUCATIONAL IMPACT STATEMENT REGARDING ANY PROPOSED SCHOOL CLOSING OR
SIGNIFICANT CHANGE IN SCHOOL UTILIZATION, INCLUDING THE PHASE-OUT, GRADE
RECONFIGURATION, RE-SITING, OR CO-LOCATION OF SCHOOLS,  FOR  ANY  PUBLIC
SCHOOL LOCATED WITHIN THE CITY DISTRICT.
  (B)  SUCH  EDUCATIONAL  IMPACT  STATEMENT  SHALL INCLUDE THE FOLLOWING
INFORMATION REGARDING THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT  CHANGE
IN SCHOOL UTILIZATION:
  (I) THE CURRENT AND PROJECTED PUPIL ENROLLMENT OF THE AFFECTED SCHOOL,
THE PROSPECTIVE NEED FOR SUCH SCHOOL BUILDING, THE RAMIFICATIONS OF SUCH
SCHOOL  CLOSING  OR  SIGNIFICANT  CHANGE  IN SCHOOL UTILIZATION UPON THE
COMMUNITY, INITIAL COSTS AND SAVINGS RESULTING FROM SUCH SCHOOL  CLOSING
OR SIGNIFICANT CHANGE IN SCHOOL UTILIZATION, THE POTENTIAL DISPOSABILITY
OF ANY CLOSED SCHOOL;
  (II)  THE IMPACTS OF THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE
IN SCHOOL  UTILIZATION  TO  ANY  AFFECTED  STUDENTS,  INCLUDING  ENGLISH
LANGUAGE  LEARNING  STUDENTS,  STUDENTS  WITH  INDIVIDUALIZED  EDUCATION
PROGRAMS, AND THE ACHIEVEMENT GAP;
  (III) AN OUTLINE OF ANY PROPOSED OR POTENTIAL USE OF THE SCHOOL BUILD-
ING FOR OTHER EDUCATIONAL PROGRAMS OR ADMINISTRATIVE SERVICES;
  (IV) THE EFFECT OF SUCH SCHOOL CLOSING OR SIGNIFICANT CHANGE IN SCHOOL
UTILIZATION ON PERSONNEL  NEEDS,  THE  COSTS  OF  INSTRUCTION,  ADMINIS-
TRATION, TRANSPORTATION, AND OTHER SUPPORT SERVICES;
  (V)  THE  TYPE,  AGE,  AND PHYSICAL CONDITION OF SUCH SCHOOL BUILDING,
MAINTENANCE, AND ENERGY COSTS, RECENT OR PLANNED  IMPROVEMENTS  TO  SUCH
SCHOOL BUILDING, AND SUCH BUILDING'S SPECIAL FEATURES;
  (VI)  THE  ABILITY OF OTHER SCHOOLS IN THE AFFECTED COMMUNITY DISTRICT
TO ACCOMMODATE PUPILS FOLLOWING THE SCHOOL CLOSURE OR SIGNIFICANT CHANGE
IN SCHOOL UTILIZATION; AND
  (VII) INFORMATION REGARDING SUCH SCHOOL'S ACADEMIC PERFORMANCE INCLUD-
ING WHETHER SUCH SCHOOL HAS BEEN IDENTIFIED AS A SCHOOL UNDER  REGISTRA-
TION  REVIEW  OR  HAS  BEEN  IDENTIFIED  AS  A SCHOOL REQUIRING ACADEMIC
PROGRESS, A SCHOOL IN NEED OF IMPROVEMENT, OR  A  SCHOOL  IN  CORRECTIVE
ACTION OR RESTRUCTURING STATUS.
  (C)  SUCH  EDUCATIONAL  IMPACT STATEMENT SHALL BE MADE PUBLICLY AVAIL-
ABLE, INCLUDING VIA THE CITY BOARD'S OFFICIAL INTERNET  WEBSITE,  AND  A
COPY  SHALL  ALSO  BE  FILED WITH THE CITY BOARD, THE IMPACTED COMMUNITY
COUNCIL, COMMUNITY BOARDS, COMMUNITY SUPERINTENDENT,  AND  SCHOOL  BASED
MANAGEMENT  TEAM  AT  LEAST  SIX  MONTHS  IN ADVANCE OF THE FIRST DAY OF
SCHOOL IN THE SUCCEEDING SCHOOL YEAR.
  (D) NO SOONER THAN THIRTY DAYS, BUT  NO  LATER  THAN  FORTY-FIVE  DAYS
FOLLOWING THE FILING OF THE EDUCATIONAL IMPACT STATEMENT, THE CHANCELLOR
OR DEPUTY CHANCELLOR, OR IN THE CASE OF A PROPOSED SIGNIFICANT CHANGE IN

S. 6052--A                         22

SCHOOL  UTILIZATION  THE CHANCELLOR OR HIS OR HER DESIGNEE, SHALL HOLD A
JOINT PUBLIC HEARING WITH THE  IMPACTED  COMMUNITY  COUNCIL  AND  SCHOOL
BASED  MANAGEMENT  TEAM,  AT  THE SCHOOL THAT IS SUBJECT TO THE PROPOSED
SCHOOL  CLOSING  OR  SIGNIFICANT CHANGE IN SCHOOL UTILIZATION, AND SHALL
ALLOW ALL INTERESTED PARTIES  AN  OPPORTUNITY  TO  PRESENT  COMMENTS  OR
CONCERNS  REGARDING THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE IN
SCHOOL UTILIZATION. THE CHANCELLOR SHALL  ENSURE  THAT  NOTICE  OF  SUCH
HEARING  IS WIDELY AND CONSPICUOUSLY POSTED IN SUCH A MANNER TO MAXIMIZE
THE NUMBER  OF  AFFECTED  INDIVIDUALS  THAT  RECEIVE  NOTICE,  INCLUDING
PROVIDING NOTICE TO AFFECTED PARENTS AND STUDENTS, AND SHALL ALSO NOTIFY
MEMBERS  OF  THE  COMMUNITY BOARDS AND THE ELECTED STATE AND LOCAL OFFI-
CIALS WHO REPRESENT THE AFFECTED COMMUNITY DISTRICT.
  (D-1) SO LONG AS THE REVISED PROPOSAL DOES NOT IMPACT ANY SCHOOL OTHER
THAN A SCHOOL THAT WAS IDENTIFIED  IN  THE  INITIAL  EDUCATIONAL  IMPACT
STATEMENT,  THE  CHANCELLOR,  AFTER RECEIVING PUBLIC INPUT, MAY SUBSTAN-
TIALLY REVISE THE PROPOSED  SCHOOL  CLOSING  OR  SIGNIFICANT  CHANGE  IN
SCHOOL  UTILIZATION PROVIDED THAT THE CHANCELLOR SHALL PREPARE A REVISED
EDUCATIONAL IMPACT STATEMENT, IN THE FORM PRESCRIBED IN PARAGRAPH (B) OF
THIS SUBDIVISION, AND PUBLISH AND FILE SUCH EDUCATIONAL IMPACT STATEMENT
IN THE SAME MANNER AS PRESCRIBED IN PARAGRAPH (C) OF  THIS  SUBDIVISION.
NO  SOONER THAN FIFTEEN DAYS FOLLOWING THE FILING OF SUCH REVISED EDUCA-
TIONAL IMPACT STATEMENT, THE CHANCELLOR OR DEPUTY CHANCELLOR, OR IN  THE
CASE OF A SIGNIFICANT CHANGE IN SCHOOL UTILIZATION THE CHANCELLOR OR HIS
OR  HER  DESIGNEE,  SHALL  HOLD A JOINT PUBLIC HEARING WITH THE IMPACTED
COMMUNITY COUNCIL AND SCHOOL BASED MANAGEMENT TEAM, AT THE  SCHOOL  THAT
IS  SUBJECT  TO  THE  PROPOSED  SCHOOL  CLOSING OR SIGNIFICANT CHANGE IN
SCHOOL UTILIZATION AND SHALL ALLOW ALL INTERESTED PARTIES AN OPPORTUNITY
TO PRESENT COMMENTS AND CONCERNS REGARDING SUCH PROPOSAL.  THE  CHANCEL-
LOR SHALL ENSURE THAT NOTICE OF SUCH HEARING IS WIDELY AND CONSPICUOUSLY
POSTED  IN  SUCH A MANNER TO MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS
THAT RECEIVE NOTICE, INCLUDING PROVIDING NOTICE TO AFFECTED PARENTS  AND
STUDENTS,  AND SHALL ALSO NOTIFY MEMBERS OF THE COMMUNITY BOARDS AND THE
ELECTED STATE AND LOCAL OFFICIALS WHO REPRESENT THE  AFFECTED  COMMUNITY
DISTRICT.
  (E) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVISION,
ALL  PROPOSED  SCHOOL CLOSINGS OR SIGNIFICANT CHANGES IN SCHOOL UTILIZA-
TION SHALL BE APPROVED BY THE CITY BOARD PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-G OF THIS ARTICLE AND SHALL NOT TAKE EFFECT UNTIL ALL THE
PROVISIONS OF THIS SUBDIVISION HAVE BEEN SATISFIED AND THE  SCHOOL  YEAR
IN WHICH SUCH CITY BOARD APPROVAL WAS GRANTED, HAS ENDED.
  (F)  IN THE EVENT THAT THE CHANCELLOR DETERMINES THAT A SCHOOL CLOSING
OR SIGNIFICANT CHANGE IN SCHOOL UTILIZATION IS IMMEDIATELY NECESSARY FOR
THE PRESERVATION OF STUDENT HEALTH, SAFETY OR GENERAL WELFARE, THE CHAN-
CELLOR MAY TEMPORARILY CLOSE A PUBLIC  SCHOOL  OR  ADOPT  A  SIGNIFICANT
CHANGE IN THE SCHOOL'S UTILIZATION ON AN EMERGENCY BASIS. SUCH EMERGENCY
SCHOOL  CLOSING  OR  SIGNIFICANT CHANGE IN SCHOOL UTILIZATION SHALL ONLY
REMAIN IN EFFECT FOR SIX MONTHS, DURING SUCH TIME THE  CHANCELLOR  SHALL
COMPLY  WITH  THE  REQUIREMENTS  OF  THIS  SUBDIVISION IN ORDER FOR SUCH
SCHOOL CLOSURE OR SIGNIFICANT CHANGE IN  SCHOOL  UTILIZATION  TO  EXTEND
BEYOND THE SIX MONTH PERIOD.
  3.  Subject  to  the  approval  of  the  city board, develop a plan to
provide for the establishment of comprehensive high schools  within  the
city  district  so that every community district shall have available to
its graduates further education and a comprehensive  high  school.  Such
plan  may  provide  for  the  conversion of academic and vocational high
schools and may be amended or modified from time to time.

S. 6052--A                         23

  4. Appoint teacher-aides for the schools and programs under his or her
jurisdiction within the budgetary allocation therefor.
  5.  Retain  jurisdiction  over  all  employees  who  are  required  in
connection with the performance of duties with respect  to  the  design,
construction,  operation  and maintenance of all school buildings in the
city school district. Such employees shall have all rights accorded them
under the provisions of the  civil  service  law,  including  manner  of
appointment,  classification,  promotion, transfer and removal including
an opportunity to be heard provided, however, that each custodian  shall
be responsible for the performance of his OR HER duties to the principal
of the school who shall be responsible to the district superintendent.
  6.  Employ  or  retain counsel subject to the powers and duties of the
corporation counsel of the city of New York to be his  or  her  attorney
and  counsel  pursuant to subdivision a of section three hundred ninety-
four of the New York city charter; provided, however, that in actions or
proceedings between the city board or the chancellor  and  one  or  more
community  boards, the city board or the chancellor shall be represented
by the corporation counsel of the city of New York.
  7. To  continue  existing  voluntary  programs  or  to  establish  new
programs  under  which  students may choose to attend a public school in
another community district.
  8. Promulgate minimum clear educational standards, curriculum require-
ments and frameworks, and mandatory educational objectives applicable to
all schools and programs throughout the city district, and  examine  and
evaluate periodically all such schools and programs with respect to
  (i) compliance with such educational standards and other requirements,
and
  (ii)  the educational effectiveness of such schools and programs, in a
manner not inconsistent with the policies of the city board.
  9. Furnish community district education councils and  the  city  board
periodically  with  the results of such examinations and evaluations and
to make the same public.
  10. Require each community superintendent to  make  an  annual  report
covering  all matters relating to schools under the district's jurisdic-
tion including, but not limited to, the evaluation  of  the  educational
effectiveness of such schools and programs connected therewith.
  11.  Require  such community district education council or superinten-
dent to make such number of periodic reports  as  may  be  necessary  to
accomplish the purposes of this chapter.
  13.  Perform  the  following  functions  throughout the city district;
provided, however, that the chancellor and any community district educa-
tion council may agree that  any  such  function  may  be  appropriately
performed  by  the  community district education council with respect to
the schools and programs under its jurisdiction:
  (a) Technical assistance to community districts and schools;
  (b) Such warehouse space on a regional basis as he or  she  determines
to  be  necessary  or  appropriate after consultation with the community
superintendents;
  (c) Purchasing services on a city-wide, regional or community district
basis subject to subdivision thirty-six of this section;
  (d) Reinforce and foster connections to institutions of higher  educa-
tion to promote student achievement.
  14.  Develop  and furnish pre-service and in-service training programs
for principals and other employees  throughout  the  city  district.  In
addition,  the  chancellor  shall prepare and annually update a training
plan for  participating  parents,  and  school  personnel,  which  shall

S. 6052--A                         24

include,  at  minimum,  such training as may be required for exercise of
their responsibilities,  full  participation  and  compliance  with  the
provisions  of  this  section. The chancellor shall, in addition, within
amounts  appropriated,  allocate  sufficient  funds  directly and to the
superintendents for teacher and principal training  to  meet  identified
needs for school improvement.
  15.  Promote  the  involvement and appropriate input of all members of
the school community pursuant to the provisions of this article, includ-
ing parents, teachers, and other school personnel, including:
  (a) establishing a parents' association or a parent-teachers'  associ-
ation  in  each school under the chancellor's jurisdiction; and ensuring
that the districts do the same; THE CHANCELLOR SHALL ENSURE  THAT  MEET-
INGS  OF  SUCH  PARENTS'  ASSOCIATIONS  OR PARENT-TEACHERS' ASSOCIATIONS
SHALL COMPLY WITH SECTION FOUR HUNDRED FOURTEEN OF THIS CHAPTER;
  (b) pursuant to a plan prepared in consultation with  associations  of
parents, and representatives of teachers, supervisors, paraprofessionals
and  other school personnel within the city district, and promulgated no
later than January  thirty-first,  nineteen  hundred  ninety-eight,  (i)
taking  all  necessary steps to ensure that no later than October first,
nineteen hundred  ninety-nine,  the  city  district  and  the  community
districts  are  in full compliance, and remain in compliance thereafter,
with state and  federal  law  and  regulations  concerning  school-based
management  and  shared decision-making, including section 100.11 of the
commissioner's regulations, in a manner which balances participation  by
parents  with participation by school personnel in advising in the deci-
sions devolved to schools pursuant to sections twenty-five hundred nine-
ty-i and twenty-five hundred ninety-r of this article, and (ii) pursuant
to such plan providing for appropriate training to any parent and school
personnel who participate in the [school-based] SCHOOL BASED  management
and shared decision-making process;
  (b-1)  school  based  management teams developed pursuant to paragraph
(b) of this subdivision shall possess the following powers and duties:
  (i) develop an annual school comprehensive educational plan  [that  is
aligned with] AND CONSULT ON THE SCHOOL-BASED BUDGET PURSUANT TO SECTION
TWENTY-FIVE  HUNDRED NINETY-R OF THIS ARTICLE. SUCH SCHOOL COMPREHENSIVE
EDUCATIONAL PLAN SHALL BE DEVELOPED CONCURRENTLY WITH THE DEVELOPMENT OF
THE SCHOOL-BASED BUDGET SO THAT IT MAY INFORM THE DECISION-MAKING  PROC-
ESS  AND  RESULT  IN THE ALIGNMENT OF THE COMPREHENSIVE EDUCATIONAL PLAN
AND the [school based] SCHOOL-BASED budget FOR THE ENSUING SCHOOL  YEAR.
Such  plan shall be submitted to the [district] COMMUNITY superintendent
ALONG WITH THE PRINCIPAL'S WRITTEN JUSTIFICATION DEMONSTRATING THAT  THE
SCHOOL-BASED  BUDGET PROPOSAL IS ALIGNED WITH THE SCHOOL'S COMPREHENSIVE
EDUCATIONAL PLAN AND THE SCHOOL BASED MANAGEMENT TEAM'S RESPONSE TO SUCH
JUSTIFICATION PURSUANT TO PARAGRAPH (H) OF SUBDIVISION  ONE  OF  SECTION
TWENTY-FIVE  HUNDRED  NINETY-F OF THIS ARTICLE.  IN THE CASE OF SPECIAL-
IZED, ACADEMIC, VOCATIONAL, AND OTHER HIGH SCHOOLS THAT  ARE  NOT  UNDER
THE  JURISDICTION  OF  A  COMMUNITY  SUPERINTENDENT,  SUCH PLAN SHALL BE
SUBMITTED TO THE CHANCELLOR PURSUANT TO SUBDIVISION E OF  SECTION  TWEN-
TY-FIVE  HUNDRED  NINETY-R OF THIS ARTICLE.  THE CHANCELLOR SHALL ENSURE
THAT THE COMPREHENSIVE EDUCATIONAL PLAN OF EVERY SCHOOL WITHIN THE  CITY
DISTRICT   IS  EASILY  ACCESSIBLE  and  be  made  available  for  public
inspection INCLUDING VIA THE CITY BOARD'S OFFICIAL INTERNET WEBSITE;
  (ii) hold at least one meeting per month during the school year.  Each
monthly  meeting  shall  be  held  at  a time that is convenient for the
parent representatives;

S. 6052--A                         25

  (iii) provide notice of monthly meetings that is consistent  with  the
open meetings law;
  (iv)  have parent members of such teams make recommendations, consist-
ent with the chancellor's regulations, on the selection  of  the  school
principal  AND HAVE ALL MEMBERS BE CONSULTED PRIOR TO THE APPOINTMENT OF
ANY PRINCIPAL CANDIDATE TO ITS SCHOOL;
  (v) undergo initial and ongoing training that will allow  its  members
to carry out their duties effectively; [and]
  (VI)  DISPUTE  ANY  DECISION  MADE  BY  THE PRINCIPAL TO THE COMMUNITY
SUPERINTENDENT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-F OF  THIS
ARTICLE  WHERE  MEMBERS  OF THE SCHOOL BASED MANAGEMENT TEAM, OTHER THAN
THE PRINCIPAL, REACH A CONSENSUS THAT THE DECISION IS INCONSISTENT  WITH
THE  GOALS AND POLICIES SET FORTH IN THE SCHOOL'S EXISTING COMPREHENSIVE
EDUCATIONAL PLAN; AND
  (VII) PROVIDE TO THE COMMUNITY SUPERINTENDENT AN ANNUAL ASSESSMENT  OF
THE  SCHOOL  PRINCIPAL'S  RECORD OF DEVELOPING AN EFFECTIVE SHARED DECI-
SION-MAKING RELATIONSHIP WITH SCHOOL BASED MANAGEMENT TEAM MEMBERS; AND
  (c) developing, in consultation with associations of  parents  in  the
city  district,  and  implementing no later than October first, nineteen
hundred ninety-eight, a parental bill of rights which provides  for,  at
minimum:
  (i)  reasonable  access  by  parents, persons in parental relation and
guardians to schools, classrooms, and academic and attendance records of
their own children, consistent with federal  and  state  laws,  provided
that  such  access does not disrupt or interfere with the regular school
process;
  (ii) the rights of parents, persons in parental relation and guardians
to take legal action and appeal the decisions  of  the  school  adminis-
tration, as authorized by law;
  (iii) the right of parents, persons in parental relation and guardians
to have information on their own child's educational materials;
  (iv)  access to and information about all public meetings, hearings of
the chancellor, the  city  board,  the  community  superintendents,  the
community district education councils, and the schools; and
  (v)  access  to  information regarding programs that allow students to
apply for admission where appropriate to schools outside a student's own
attendance zone.
  16. Promulgate such rules and regulations as he or she  may  determine
to  be  necessary  or convenient to accomplish the purposes of this act,
not inconsistent with the provisions of this article and  the  city-wide
educational policies of the city board.
  16-a.  Create standards, policies, and objectives and promulgate regu-
lations directly related to maintaining the internal fiscal integrity of
administrative operations by the chancellor,  the  community  districts,
and the schools.
  17.  Possess  those powers and duties described in section twenty-five
hundred fifty-four of this title, the exercise of which shall  be  in  a
manner  not  inconsistent  with  the  provisions of this article and the
city-wide educational policies of the city board.
  18. Possess those powers and duties contained in section nine  hundred
twelve  of  this chapter and those provisions of article fifteen of this
chapter which relate to non-public  schools,  those  powers  and  duties
contained  in section five hundred twenty-two of the New York city char-
ter, and those powers and duties contained in article  seventy-three  of
this  chapter, the exercise of which shall be in a manner not inconsist-

S. 6052--A                         26

ent with the provisions of this article and  the  city-wide  educational
policies of the city board.
  19.  Delegate  any of his or her powers and duties to such subordinate
officers or employees as he or she deems appropriate and  to  modify  or
rescind any power and duty so delegated.
  20.  Ensure compliance with qualifications established for all person-
nel employed in the city district, including the taking of  fingerprints
as  a  prerequisite  for  licensure and/or employment of such personnel.
Every set of fingerprints taken pursuant to this  subdivision  shall  be
promptly submitted to the division of criminal justice services where it
shall  be appropriately processed. Furthermore, the division of criminal
justice services is authorized to submit the fingerprints to the federal
bureau of investigation for a national criminal history record check.
  21. Perform the functions of the bureau of audit throughout  the  city
district, including ensuring compliance with subdivisions thirty-six and
thirty-seven of this section.
  22.  Establish  uniform  procedures for record keeping, accounting and
reporting throughout the city district, including pupil record  keeping,
accounting and reporting.
  23. Develop an educational facilities master plan, and revisions ther-
eto, as defined in section twenty-five hundred ninety-o of this article.
  24.  Develop  and implement a five-year educational facilities capital
plan, and amendments thereto, as defined in section twenty-five  hundred
ninety-p  of  this  article. The chancellor shall also appoint a person,
who reports directly to the chancellor or his or her designee, to assist
in the development and implementation of such plan and amendments there-
to and to oversee the school buildings program.
  25. On the chancellor's own initiative, or at the request of a  commu-
nity superintendent, transfer a principal employed by a community school
district pursuant to an agreement with the employee organization repres-
enting  such  principals. The chancellor shall establish a procedure for
consulting with affected parents to explain any such transfer.  Consist-
ent with section twenty-five hundred ninety-i of this article, including
without limitation subdivision three thereof, and subdivision one there-
of with respect to the rights and obligations of a  school  to  which  a
principal is transferred, in addition to any other law providing for the
transfer  of  principals,  the chancellor also may cause the transfer or
removal of principals for persistent educational failure,  conflicts  of
interest,  and  ethics violations, and may require principals to partic-
ipate in training and other  remedial  programs  to  address  identified
factors affecting student achievement and school performance.
  26.  Establish  educational and experience qualifications and require-
ments for all custodial positions including, but not limited to,  custo-
dians  and  custodial engineers and develop standards for evaluating the
performance of all such individuals, subject to  approval  of  the  city
board.  Such performance standards shall include, but not be limited to:
the cleanliness of facilities; adequacy and timeliness of minor repairs;
maintenance of good working order of  facilities  and  grounds;  general
facilities  improvement;  and  emergency  services. The chancellor shall
promulgate regulations setting forth the respective responsibilities  of
the district plant manager, which shall include regular consultation and
ongoing  reports  to  the community superintendent, and the principal of
each school for evaluating the performance of  the  custodial  employees
assigned to his or her school, in accordance with such performance stan-
dards,  and  such performance evaluations shall be given dominant weight
in any decision for the purposes of: advancement; continued  employment;

S. 6052--A                         27

building transfers; and other performance incentives. The responsibility
of the principal of each school in the evaluation of custodial employees
may  be  a  matter  for collective bargaining with collective bargaining
representatives for principals.
  27.  [Develop] PROMULGATE REGULATIONS, in conjunction with each commu-
nity superintendent, ESTABLISHING a plan for providing access to  school
facilities in each community school district, when not in use for school
purposes,  in  accordance  with  the  provisions of section four hundred
fourteen of this chapter. Such plan shall set forth a reasonable  system
of  fees  not to exceed the actual costs and specify that no part of any
fee shall directly or indirectly benefit or be deposited into an account
which inures to the benefit of the custodians or custodial engineers.
  29. Promulgate regulations establishing educational,  managerial,  and
administrative qualifications, performance record criteria, and perform-
ance standards for the positions of superintendent and principal.
  30.  Select and appoint a community superintendent, in compliance with
the qualifications required by subdivision twenty-nine of  this  section
and  subject to the provisions of subdivision two of section twenty-five
hundred ninety-j of this article, AND IN CONSULTATION  WITH  THE  CORRE-
SPONDING  COMMUNITY  DISTRICT EDUCATION COUNCIL, at a salary to be fixed
within the budgetary allocation therefor.
  31. Intervene in any district or school which is persistently  failing
to  achieve educational results and standards approved by the city board
or established by the state board of regents, or has failed  to  improve
its  educational results and student achievement in accordance with such
standards or state or city board  requirements,  or  in  any  school  or
district in which there exists, in the chancellor's judgment, a state of
uncontrolled or unaddressed violence. The chancellor may, in addition to
exercising  any  other  powers  authorized by this article, require such
school principal, or district as the case may be, to prepare  a  correc-
tive  action plan, with a timetable for implementation of steps accepta-
ble to the chancellor to reach improvement goals  consistent  with  city
board  standards and educational results. The chancellor may require the
school or district to alter or improve the corrective  action  plan,  or
may  directly  modify the plan. The chancellor shall monitor implementa-
tion of the plan, and, if the school or district fails to implement  it,
may  supersede any inconsistent decision of the school principal, commu-
nity district education  council  or  community  superintendent;  assume
joint  or  direct  control of the operation of the school or district to
implement the corrective action plan; or take any other  action  author-
ized  by  this  article.  Any  action  of the chancellor to supercede an
inconsistent decision of the school principal, community district educa-
tion council or community superintendent, or to assume joint  or  direct
control  of  the  operation  of  the school or district pursuant to this
subdivision may be appealed to the city board in accordance with section
twenty-five hundred ninety-g of this article.
  32. Appoint a deputy, for each  borough  of  the  city  of  New  York,
responsible  for  coordinating  and  periodically meeting and consulting
with the borough president, the chancellor and the community superinten-
dents in the borough on borough-specific issues and issues  of  borough-
wide  significance,  including  the  provision of services in support of
schools and community  districts  such  as  transportation,  purchasing,
capital planning, and coordination with municipal services, and chancel-
lor and city board policy with respect to the high schools.

S. 6052--A                         28

  33.  Require community school board members to participate in training
and retraining in order to promote district and school  performance  and
student achievement, as a continuing condition for membership.
  35. Take all necessary steps to promote the effectiveness and integri-
ty  of  school-based  budgeting  pursuant to section twenty-five hundred
ninety-r of this article, including the obligations imposed by  subdivi-
sion thirty-seven of this section.
  36.  Develop  a procurement policy for the city school district of the
city of New York and the COMMUNITY districts and public  schools  there-
in[.  Such  policy  shall]  TO ensure the wise and prudent use of public
money in the best interest of the taxpayers of the state; guard  against
favoritism,  improvidence,  extravagance,  fraud,  and  corruption;  and
ensure that contracts are awarded consistent with law and on  the  basis
of  best  value,  including, but not limited to, the following criteria:
quality, cost and efficiency.
  (A) Such POLICY SHALL SPECIFICALLY INCLUDE:
  (I) A COMPETITIVE SEALED BIDDING PROCESS FOR THE AWARDING OF CONTRACTS
IN WHICH SEALED BIDS ARE  PUBLICLY  SOLICITED  AND  OPENED  AND  THAT  A
CONTRACT IS AWARDED TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER;
  (II)  PROCESSES  FOR  AWARDING CONTRACTS USING ALTERNATIVES TO COMPET-
ITIVE SEALED BIDDING WHERE COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE
OR NOT ADVANTAGEOUS, IN WHICH  CASE  THE  MOST  COMPETITIVE  ALTERNATIVE
METHOD  OF  PROCUREMENT,  WHICH  IS APPROPRIATE UNDER THE CIRCUMSTANCES,
SHALL BE USED CONSISTENT  WITH THE REQUIREMENTS OF SUBPARAGRAPH (VII) OF
THIS PARAGRAPH;
  (III) MEASURES TO ENHANCE THE ABILITY  OF  MINORITY  AND  WOMEN  OWNED
BUSINESS  ENTERPRISES TO COMPETE FOR CONTRACTS AND TO ENSURE THEIR MEAN-
INGFUL PARTICIPATION IN THE PROCUREMENT PROCESS;
  (IV)  THE  MANNER  FOR  ADMINISTERING  CONTRACTS  AND  OVERSEEING  THE
PERFORMANCE OF CONTRACTS AND CONTRACTORS;
  (V) STANDARDS AND PROCEDURES TO BE USED IN DETERMINING WHETHER BIDDERS
ARE RESPONSIBLE;
  (VI)  CIRCUMSTANCES  UNDER  WHICH  PROCUREMENT  MAY  BE  USED  FOR THE
PROVISION OF TECHNICAL, CONSULTANT OR PERSONAL SERVICES;
  (VII) REQUIRING WRITTEN JUSTIFICATION FOR  THE  BASIS,  INCLUDING  THE
EFFICIENCY,  BENEFIT,  AND  NECESSITY,  FOR  AWARDING  A  CONTRACT USING
PROCUREMENT METHODS OTHER  THAN  COMPETITIVE  SEALED  BIDDING  INCLUDING
COMPETITIVE SEALED PROPOSALS AND SOLE SOURCE CONTRACTS, AND FOR AWARDING
TECHNICAL, CONSULTANT, OR PERSONAL SERVICES CONTRACTS, FRANCHISES, REVO-
CABLE  CONSENTS,  OR  CONCESSIONS.  SUCH  WRITTEN JUSTIFICATION SHALL BE
FILED WITH THE COMPTROLLER OF THE CITY OF NEW YORK ALONG WITH THE CORRE-
SPONDING CONTRACT, FRANCHISE, REVOCABLE CONSENT, OR CONCESSION;
  (VIII) MAINTAINING A FILE  FOR  EVERY  CONTRACT  FRANCHISE,  REVOCABLE
CONSENT,  AND CONCESSION CONTAINING INFORMATION PERTAINING TO THE SOLIC-
ITATION, AWARD AND MANAGEMENT OF EVERY SUCH CONTRACT OR AGREEMENT.  SUCH
FILE  SHALL  CONTAIN  COPIES  OF  EACH  DETERMINATION, WRITING OR FILING
REQUIRED BY THIS SUBDIVISION AND SHALL BE OPEN TO PUBLIC INSPECTION WITH
ADEQUATE PROTECTION FOR INFORMATION WHICH IS CONFIDENTIAL;
  (IX) A PROCESS FOR THE FILING OF ALL CONTRACTS, FRANCHISES,  REVOCABLE
CONSENTS, AND CONCESSIONS WITH THE COMPTROLLER OF THE CITY OF NEW YORK;
  (X)  A  PROCESS FOR EMERGENCY PROCUREMENT IN THE CASE OF AN UNFORESEEN
DANGER TO LIFE, SAFETY, PROPERTY OR A NECESSARY  SERVICE  PROVIDED  THAT
SUCH  PROCUREMENT  SHALL BE MADE WITH SUCH COMPETITION AS IS PRACTICABLE
UNDER THE CIRCUMSTANCES AND THAT A WRITTEN DETERMINATION  OF  THE  BASIS
FOR THE EMERGENCY PROCUREMENT SHALL BE REQUIRED AND FILED WITH THE COMP-

S. 6052--A                         29

TROLLER  OF  THE  CITY OF NEW YORK WHEN SUCH EMERGENCY CONTRACT IS FILED
WITH SUCH COMPTROLLER; AND
  (XI)  PROCEDURES  FOR  THE  FAIR  AND EQUITABLE RESOLUTION OF CONTRACT
DISPUTES.
  (B) CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION  SUCH  policy  shall also include: [(a)] (I) standards for quality,
function, and utility of all  material  goods,  supplies,  and  services
purchased  by  the  chancellor,  superintendents, or schools; [(b) regu-
lations for the purchase of material goods, supplies,  and  services  by
the  chancellor, the superintendents, and the schools, including clearly
articulated procedures which require a clear statement of product  spec-
ifications, requirements or work to be performed, a documentable process
of  soliciting bids, proposals, or other offers, and a balanced and fair
method, established in advance of  receipt  of  offers,  for  evaluating
offers and awarding contracts; (c)] (II) regulations which enable super-
intendents  and  schools  to  purchase  material  goods,  supplies,  and
services directly from vendors  or  suppliers  when  such  products  are
available  at prices or other terms more economically beneficial for the
purposes of the acquiring superintendent  or  school;  and  [(d)]  (III)
regulations  shall  include  repair  services  and building supplies, as
defined in such regulations, for expenditures from each district's minor
repair and purchasing funds  pursuant  to  section  twenty-five  hundred
ninety-r of this article.
  (C) THE CHANCELLOR SHALL BE RESPONSIBLE FOR CERTIFYING THAT THE PROCE-
DURAL  REQUISITES  PURSUANT  TO THIS SUBDIVISION AND SECTION TWENTY-FIVE
HUNDRED NINETY-G OF THIS ARTICLE HAVE BEEN MET, PRIOR TO THE FILING  ANY
CONTRACT  AWARDED  BY A PROCUREMENT METHOD OTHER THAN COMPETITIVE SEALED
BIDDING, OR PRIOR TO  FILING  ANY  TECHNICAL,  CONSULTANT,  OR  PERSONAL
SERVICES  CONTRACT, FRANCHISE, REVOCABLE CONSENT, OR CONCESSION WITH THE
COMPTROLLER OF THE CITY OF NEW YORK. THE  CORPORATION  COUNSEL  FOR  THE
CITY  OF  NEW YORK SHALL CERTIFY PRIOR TO THE FILING OF SUCH CONTRACT OR
AGREEMENT WITH THE COMPTROLLER OF THE CITY OF NEW YORK,  THAT  THE  CITY
DISTRICT HAS LEGAL AUTHORITY TO AWARD EACH SUCH CONTRACT OR AGREEMENT.
  (D)  (I) NO CONTRACT, FRANCHISE, REVOCABLE CONSENT OR CONCESSION SHALL
BE IMPLEMENTED UNTIL A COPY HAS BEEN FILED WITH THE COMPTROLLER  OF  THE
CITY OF NEW YORK AND EITHER SUCH COMPTROLLER HAS REGISTERED IT OR THIRTY
DAYS  HAVE  ELAPSED FROM THE DATE OF FILING, WHICHEVER IS SOONER, UNLESS
AN OBJECTION HAS BEEN FILED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARA-
GRAPH, OR THE COMPTROLLER OF THE CITY OF NEW YORK HAS  GROUNDS  FOR  NOT
REGISTERING  SUCH  CONTRACT OR AGREEMENT UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH.
  (II) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH  (III)  OF  THIS  PARA-
GRAPH,  THE  COMPTROLLER  OF  THE  CITY  OF NEW YORK SHALL REGISTER SUCH
CONTRACT OR AGREEMENT WITHIN THIRTY DAYS  UNLESS  SUCH  COMPTROLLER  HAS
INFORMATION INDICATING THAT:
  (1) THERE REMAINS NO UNEXPENDED AND UNAPPLIED BALANCE OF THE APPROPRI-
ATION  OR  FUND  APPLICABLE  THERETO,  SUFFICIENT  TO  PAY THE ESTIMATED
EXPENSE OF EXECUTING SUCH CONTRACT OR AGREEMENT;
  (2) A CERTIFICATION REQUIRED PURSUANT TO THIS PARAGRAPH HAS  NOT  BEEN
MADE; OR
  (3) THE PROPOSED VENDOR HAS BEEN DEBARRED BY THE CITY OF NEW YORK.
  (III)  THE COMPTROLLER OF THE CITY OF NEW YORK MAY, WITHIN THIRTY DAYS
OF THE DATE OF FILING OF THE CONTRACT, FRANCHISE, REVOCABLE  CONSENT  OR
CONCESSION WITH HIS OR HER OFFICE, OBJECT IN WRITING TO THE REGISTRATION
OF  SUCH  CONTRACT OR AGREEMENT, IF IN SUCH COMPTROLLER'S JUDGMENT THERE
IS SUFFICIENT REASON TO BELIEVE THAT THERE IS POSSIBLE CORRUPTION IN THE

S. 6052--A                         30

LETTING OF SUCH CONTRACT OR AGREEMENT OR THAT THE PROPOSED CONTRACTOR IS
INVOLVED IN CORRUPT ACTIVITY. SUCH OBJECTION SHALL BE  DELIVERED  WITHIN
SUCH  THIRTY  DAY  PERIOD  TO  THE MAYOR OF THE CITY OF NEW YORK SETTING
FORTH IN DETAIL THE GROUNDS FOR THE NEW YORK CITY COMPTROLLER'S DETERMI-
NATION.    THE MAYOR OF THE CITY OF NEW YORK MAY REQUIRE REGISTRATION OF
THE CONTRACT OR  AGREEMENT  DESPITE  THE  NEW  YORK  CITY  COMPTROLLER'S
OBJECTIONS  IF  THE  MAYOR OF THE CITY OF NEW YORK HAS RESPONDED TO SUCH
COMPTROLLER'S OBJECTIONS IN WRITING, INDICATING:
  (1) THE CORRECTIVE ACTIONS IF ANY, THAT HAVE BEEN  TAKEN  OR  WILL  BE
TAKEN IN RESPONSE TO SUCH COMPTROLLER'S OBJECTIONS, OR
  (2)  THE  REASONS WHY THE MAYOR OF THE CITY OF NEW YORK DISAGREES WITH
SUCH COMPTROLLER'S OBJECTIONS.
  SUCH RESPONSE BY THE MAYOR OF THE CITY OF NEW YORK SHALL NOT SERVE  AS
THE  BASIS  FOR  FURTHER OBJECTION BY THE NEW YORK CITY COMPTROLLER, AND
SUCH COMPTROLLER  SHALL  REGISTER  THE  CONTRACT,  FRANCHISE,  REVOCABLE
CONSENT  OR  CONCESSION  WITHIN  TEN DAYS OF RECEIPT OF THE MAYOR OF THE
CITY OF NEW YORK'S RESPONSE.
  (E) THE REQUIREMENTS OF PARAGRAPHS (C) AND  (D)  OF  THIS  SUBDIVISION
SHALL  NOT  APPLY  TO AN EMERGENCY CONTRACT AWARDED PURSUANT TO SUBPARA-
GRAPH (X) OF PARAGRAPH (A) OF THIS SUBDIVISION, PROVIDED THAT THE  CHAN-
CELLOR  SHALL  COMPLY WITH THE REQUIREMENTS OF PARAGRAPHS (C) AND (D) OF
THIS SUBDIVISION AS SOON AS PRACTICABLE.
  37. Establish guidelines and a system of internal controls,  including
internal  administrative controls and internal accounting controls, with
provisions for internal audits, as such terms  are  defined  in  section
nine  hundred fifty of the executive law. Such system shall also include
a system of internal control review designed to identify weaknesses  and
identify  actions  to rectify them; a clear and concise statement of the
generally applicable management policies and standards made available to
each officer and employee relevant to fiscal and expenditure control, in
addition to education and training efforts  to  ensure  adequate  under-
standing  of  internal  control standards and evaluation techniques; and
the designation of  an  internal  control  officer  for  each  community
district,  each  of  whom shall report to the chancellor and the auditor
general, to execute a regular internal audit function, which shall oper-
ate in accordance with generally accepted governmental  auditing  stand-
ards. The internal auditors for the community districts shall operate in
cooperation  with  the auditor general, appointed by the chancellor, who
shall, in addition to the functions of the  internal  auditors,  monitor
and  conduct  random  audits of school districts at least once every two
years  for  fraud,  waste,  and  mismanagement.    Notwithstanding   any
provision  of  state law or state or city regulation, the internal audi-
tors, and the auditor general, shall be entitled, upon their request, to
all and any documents and materials bearing in  their  judgment  on  the
finances  and cost-effectiveness of the schools and the school districts
that is in the possession of the community districts,  the  schools,  or
any officer thereof.
  38.  To exercise all of the duties and responsibilities of the employ-
ing board as set forth in section three thousand twenty-a of this  chap-
ter  with  respect to any member of the teaching or supervisory staff of
schools under the jurisdiction of the community district education coun-
cils. The chancellor shall exercise all such duties and responsibilities
for all community districts or may delegate the  exercise  of  all  such
duties  and  responsibilities to all of the community superintendents of
the city district.

S. 6052--A                         31

  38-a. To exercise all  of  the  duties  and  responsibilities  of  the
employing  board as set forth in section three thousand twenty-a of this
chapter with respect to any member of the teaching or supervisory  staff
of  schools which are not covered under subdivision thirty-eight of this
section.  Provided, however that the city board shall maintain jurisdic-
tion over any consequence resulting from an employee waiver of  a  hear-
ing,  as  provided  for  in  paragraph (d) of subdivision two of section
three thousand twenty-a of this chapter.
  39. (a) Prescribe regulations and by-laws  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 chancellor, of the following
information:
  (i) the employment by the city school board or any community  district
education  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]  (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)  The  chancellor  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 by-laws
prescribed in this subdivision. Any community district education council
member, community superintendent, or other officer or employee  required
to make disclosure, who fails to make such disclosure, shall be notified
in  writing  of his or her failure to do so and given thirty days within
which to comply.
  (d) Willful failure to make full and timely disclosure  shall  consti-
tute  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 may be provided by law.
  (e)  Disclosures made pursuant to the requirements of this subdivision
and any notification of failure to make disclosures shall be made avail-
able for public inspection during  regular  business  hours  on  regular
business days.
  40.  (a)  Prescribe  regulations  and by-laws 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 chancellor, in the discretion
of the chancellor, 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 combina-
tion thereof, and the content of such reports, including minimum  dollar
amounts,  shall  be  determined  by the chancellor, 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;

S. 6052--A                         32

  (v)  outstanding  loans  and other forms of indebtedness due to person
reporting or spouse, by name and amounts; and
  (vi)  trusts  and  other  fiduciary  relationships and their assets in
which a beneficial interest is held.
  (c) Willful failure to file required financial reports  shall  consti-
tute  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 may be provided by law.
  41.  Appoint  and set salaries for staff in non-represented managerial
titles.
  42. (a) To dispose of such personal property used in the  schools  and
other  buildings  of  the  city of New York under the charge of the city
board as shall no longer be required for use therein.  Such  disposition
shall be made in the name of the city of New York and for such city.
  (b)  The  chancellor  may  sell, at prices as may be agreed upon, such
manufactured articles or other products of any school of  the  district,
day  and  evening,  as  may  not  be utilized by the city board, and all
moneys realized by the sale thereof shall be paid into the city treasury
and shall at once be appropriated by the city to a special  fund  to  be
administered  by  the city board for such purposes as such board, in its
discretion, may determine. All other moneys  realized  by  the  sale  of
personal property shall be paid into the city treasury and shall at once
be appropriated by the city to the special school fund of the city board
for use in the borough in which the property sold was situated.
  (c) Such method of disposal shall be deemed not to apply to the dispo-
sition  of  school  books  pursuant  to  subdivision forty-three of this
section.
  43. To dispose of, to the best advantage of  the  city  of  New  York,
either  by  sale or on the basis of money allowance for waste paper, all
books delivered to the several public schools of  such  city  that  have
been discarded either by reason of being obsolete, no longer required by
the  course  of  study, worn by long usage, or mutilated by accident. If
disposal is made by sale, it shall be to the  highest  bidder,  and  the
money realized shall be paid into the city treasury and shall at once be
appropriated  by  the  city to the special school fund of the city board
entitled "supplies". If disposal is made on the basis of money allowance
for waste paper, it shall be to the highest bidder. Such discarded books
may be disposed of without public advertisement or entry into  a  formal
contract.  Should  the discarded books be in such condition that no sale
or exchange can be made, or should there be reason to believe that  such
discarded  books  have become infected through disease among the pupils,
or should the superintendent of  schools  certify  that  such  discarded
books  contain  erroneous,  inaccurate,  obsolete, or antiquated subject
matter, illustrations, maps, charts, or other material, the committee on
supplies of the board of education, if such books cannot be sold,  given
away,  or otherwise salvaged as waste paper without danger to the public
health, may authorize their destruction by  fire,  in  which  event  the
superintendent  of  school  supplies shall obtain and file in his or her
office a certificate that such books have been so destroyed,  signed  by
the principal of the school in which the books are located.
  44. To provide the proper book or books in which he or she shall cause
the  class teachers under the direction and supervision of the principal
to enter the names, ages, and residences of  the  pupils  attending  the
school,  the  name of the parent or guardian of each pupil, and the days
on which the pupils shall have attended respectively, and the  aggregate
attendance  of  each  pupil during the year, and also the day upon which

S. 6052--A                         33

the school shall have been visited by the superintendent of  schools  or
by an associate superintendent of schools or by an assistant superinten-
dent,  or  by  members of the city board, or by members of the community
district  education  council,  or  by  any of them, which entry shall be
verified by such  oath  or  affirmation  of  the  principal  as  may  be
prescribed by the chancellor. Such books shall be preserved as the prop-
erty  of  the chancellor and shall at all times be open to inspection by
members of the city board, by members of the community councils  and  by
the  superintendent  of  schools,  or by any associate superintendent of
schools, or by the assistant superintendents.
  45. Make rules and regulations for the conduct, operation, and mainte-
nance of extra classroom activities and for the  safeguarding,  account-
ing, and audit of all moneys received and derived therefrom. In the case
of  any  extra  classroom activity as it shall deem proper, and notwith-
standing the provisions of section twenty-five hundred  thirty  of  this
title,  it  may  direct  that  the  moneys  received or derived from the
conduct, operation, or maintenance of such an extra  classroom  activity
be  deposited with the auditor, who in such event shall be the treasurer
of such an extra classroom activity, the moneys of which are required to
be so deposited. In the procurement of articles  and  services  for  the
conduct,  operation,  and  maintenance  of  a  cafeteria  or  restaurant
service, the chancellor shall be subject  to  applicable  provisions  of
law, except that said chancellor need not have duly advertised for esti-
mates  in  order  to contract for such articles or services in an amount
exceeding one thousand dollars. The chancellor shall also have power  to
assign any officers or employees to perform such duties as he or she may
prescribe  in  connection with an extra classroom activity and to desig-
nate such officers and employees when so assigned from whom a bond shall
be required for faithful performance of their duties and to fix the  sum
in which each such bond shall be given.
  46.  To maintain, through such representatives as he or she may desig-
nate, an effective visitation and inspection of all schools and  classes
maintained in institutions controlled by the department of correction of
the city of New York.
  47.  To assign, in his or her discretion, one or more employees of the
city board to serve as trial examiner with  power  to  conduct  investi-
gations  and  hearings  on behalf of the chancellor. Each trial examiner
shall report the result of any such  investigation  or  hearing  to  the
chancellor.
  48.  TO  HOLD A PUBLIC MEETING IN EACH COMMUNITY DISTRICT, IN CONJUNC-
TION WITH THE COMMUNITY DISTRICT EDUCATION COUNCIL, DURING  A  TWO  YEAR
PERIOD,  BEGINNING  WITH  THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL
YEAR, IN ORDER TO REPORT ON PUBLIC SCHOOL FINANCES, STUDENT PERFORMANCE,
AND EDUCATIONAL GOALS AND PRIORITIES OF THE CITY DISTRICT AND TO RECEIVE
AND RESPOND TO PUBLIC COMMENTS AND CONCERNS. THE CHANCELLOR SHALL DIRECT
THE COMMUNITY SUPERINTENDENT TO PROVIDE PUBLIC NOTICE OF SUCH MEETING IN
ORDER TO MAXIMIZE THE PARTICIPATION OF PARENTS, STUDENTS, AND ALL  OTHER
INTERESTED PARTIES.
  49.  TO  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 COMP-
TROLLER OF THE CITY OF NEW YORK, IN A TIMELY FASHION.
  50. TO ISSUE AN ANNUAL REPORT ON THE  PARTICIPATION  OF  MINORITY  AND
WOMEN  OWNED  BUSINESS  ENTERPRISES  IN  THE CITY DISTRICT'S PROCUREMENT
PROCESS INCLUDING THE NUMBER OF CONTRACTS AWARDED TO MINORITY AND  WOMEN
OWNED BUSINESS ENTERPRISES, THE PERCENT OF CONTRACTS AWARDED TO MINORITY

S. 6052--A                         34

AND  WOMEN  OWNED  BUSINESS  ENTERPRISES OF THE TOTAL NUMBER OF ALL CITY
DISTRICT CONTRACTS, THE AGGREGATE VALUE  OF  ALL  CONTRACTS  AWARDED  TO
MINORITY  AND  WOMEN  OWNED BUSINESS ENTERPRISES, AND THE PERCENT OF THE
AGGREGATE  VALUE  OF CONTRACTS AWARDED TO MINORITY AND WOMEN OWNED BUSI-
NESS ENTERPRISES OF THE TOTAL  AGGREGATE  VALUE  OF  ALL  CITY  DISTRICT
CONTRACTS.
  51.    PROPOSE  A  POLICY  FOR  CITY  BOARD APPROVAL 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 CHANCELLOR
SHALL ISSUE AN ANNUAL REPORT 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.
  S  8.  Section 2590-i of the education law, as added by chapter 720 of
the laws of 1996, paragraph (c) of subdivision 2 as amended  by  chapter
91 of the laws of 2002, is amended to read as follows:
  S 2590-i. Powers and duties of schools; principals; provisions for the
transfer  of jurisdiction of high schools. 1. The principal shall be the
administrative and instructional leader of the school.   Subject to  the
regulations  of  the  chancellor  and  applicable  collective bargaining
agreements and obligations, the principal shall be responsible  for  the
day  to  day operation of the school and shall carry out these duties in
consultation with parents, teachers and  other  staff,  AND  THE  SCHOOL
BASED  MANAGEMENT  TEAM pursuant to section twenty-five hundred ninety-h
of this article including:
  (a) promote an equal  educational  opportunity  for  students  in  the
school,
  (b)  subject to school-based budgeting pursuant to section twenty-five
hundred ninety-r of this article,
  (c) subject to collective bargaining obligations and  agreements,  the
budget  applicable to the school, and the other provisions of this arti-
cle including section twenty-five hundred ninety-j of this  article,  to
make recommendation on staff selection, including through the establish-
ment  of  appropriate  objective  criteria  consistent with chancellor's
regulations for filling vacancies based upon the school's  instructional
and facility needs,
  (d)  subject to the standards and assessments promulgated by the chan-
cellor, to develop school-based curricula and syllabi  for  instruction,
and  to  address  other matters relating to the instruction of students,
including the selection of texts from lists approved by  the  chancellor
and  instructional materials, consistent with regulations of the commis-
sioner, and subject to the approval of the superintendent, or chancellor
in the case of schools under the jurisdiction of the city board,
  (e) subject to the approval of the superintendent, or, where appropri-
ate, the chancellor and within the limits of funds made available there-
for, to enhance teacher and staff  development  relevant  to  increasing
student  achievement,  support  extended  day  programs,  school  reform
programs, and pupil-support services,
  (f) enhance pupil support services by coordinating related programs,
  (g) to make or arrange for minor repairs as delegated by the  chancel-
lor  or  superintendent pursuant to regulations of the chancellor, or as
otherwise authorized by law subject to subdivisions thirty-six and thir-
ty-seven of section twenty-five hundred ninety-h of this article,
  (h) subject to subdivisions thirty-six  and  thirty-seven  of  section
twenty-five  hundred  [nine-h] NINETY-H of this article, identifying and

S. 6052--A                         35

purchasing equipment and supplies that can be purchased for less than if
purchased through purchasing arrangements entered into through the  city
board, the chancellor or the superintendent,
  (i)  to  manage  and  operate the school building and other facilities
under its jurisdiction.
  2. (a) The principal may be removed or transferred by the  superinten-
dent  or the chancellor for persistent educational failure of the school
or other cause. Removals may be caused pursuant to section  three  thou-
sand  twenty-a  of  this  chapter if applicable. Transfers may be caused
pursuant to subdivision twenty-five of section twenty-five hundred nine-
ty-h of this article. Any such removal or transfer may  be  appealed  to
the  city  board,  during  which  time the superintendent may appoint an
acting principal subject to the approval of the  chancellor.    Provided
however  that  such appointee must meet qualifications pursuant to para-
graph [(d)] (C) of this subdivision.  Persistent educational failure  of
the  school shall be defined in regulations of the chancellor to include
a pattern of poor or declining achievement; a pattern of poor or declin-
ing attendance; disruption or violence; and continuing failure  to  meet
chancellor's performance standards or other standards.
  (b) The principal may be required by the chancellor or the superinten-
dent  to  participate in training or other forms of staff development or
to address identified areas of  educational  need  and  promote  student
achievement and school performance.
  (c)  Principals  shall  be selected consistent with regulations of the
chancellor establishing a  process  that  promotes  parental  and  staff
involvement  in the recruitment, screening, interviewing and recommenda-
tion of candidates.   Candidates must meet  the  requirements  of  regu-
lations  of  the  chancellor  establishing  educational, managerial, and
administrative qualifications, including evaluation of each  candidate's
record  of  performance  in comparable positions. In the case of schools
under the jurisdiction of the community districts, a candidate  approved
by  a  community superintendent PURSUANT TO PARAGRAPH (E) OF SUBDIVISION
ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-F OF THIS ARTICLE may nonethe-
less, before assuming the position, be rejected by  the  chancellor  for
cause.   IN THE CASE OF SCHOOLS NOT UNDER THE JURISDICTION OF THE COMMU-
NITY DISTRICTS, THE CHANCELLOR SHALL ADDITIONALLY CONSULT  WITH  MEMBERS
OF  THE  SCHOOL  BASED  MANAGEMENT  TEAM PRIOR TO APPOINTING A PRINCIPAL
CANDIDATE TO ANY SUCH SCHOOL.
  3. Provisions for transfer of jurisdiction of high schools.   Pursuant
to  regulations  of  the chancellor approved by the city board, any high
school, other than a special senior academic or vocational  high  school
of  city-wide  competitive admission, may be transferred from the juris-
diction of the city board to the jurisdiction of the community  district
in  which  it  is  located,  or from such community district to the city
board, upon the consent of the chancellor and the community  superinten-
dent. In such event, the chancellor and the superintendent shall prompt-
ly take all necessary steps to effectuate the transfer.
  S  9.  Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by chapter 123 of the laws of 2003, is amended  to  read
as follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first to  each  community  district  education  council,
which shall conduct a public hearing and shall prepare and submit recom-
mendations  to  the chancellor on or before January first of the ensuing

S. 6052--A                         36

year with respect to matters  in  the  plan  that  involve  that  school
district.  The  chancellor  shall  consider the recommendations received
from the community district education councils, and, on or before Febru-
ary  first  of such year, shall submit a final proposed five-year educa-
tional facilities capital plan to the city board for its approval PURSU-
ANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION  TWENTY-FIVE  HUNDRED
NINETY-G  OF  THIS ARTICLE.  [On or before March first of such year, the
city board shall approve the five-year  educational  facilities  capital
plan submitted by the chancellor.]
  S  10. Section 2590-r of the education law, as added by chapter 720 of
the laws of 1996, is amended to read as follows:
  S 2590-r. School based budgeting and expenditure reporting.  The chan-
cellor shall, in consultation with the city board and community district
superintendents, establish in regulations  a  comprehensive  process  of
school-based  budgeting and expenditure reporting no later than November
first, nineteen hundred ninety-eight.  Notwithstanding any provision  of
section  twenty-five  hundred  ninety-q of this article to the contrary,
such regulations shall include provisions for:
  a. the allocation of projected revenues among community districts  and
their  schools on the basis of objective formulae developed by the chan-
cellor, after consultation with the community [boards] COUNCILS,  commu-
nity superintendents and the mayor, and approved by the city board, such
formulae  shall  reflect the relative educational needs of the community
districts and their schools to the maximum extent feasible;
  b. (I) FOLLOWING RELEASE OF THE EXECUTIVE BUDGET OF THE  CITY  OF  NEW
YORK  BY THE MAYOR OF THE CITY OF NEW YORK, THE CHANCELLOR TO INFORM THE
PRINCIPAL OF EACH SCHOOL OF THAT SCHOOL'S PRELIMINARY BUDGET ALLOCATION,
AND the principal [of each school] to propose a  school-based  [expendi-
ture]  budget, after CONSULTING WITH MEMBERS OF THE SCHOOL BASED MANAGE-
MENT TEAM AND soliciting input pursuant to  [section]  SECTIONS  twenty-
five  hundred ninety-h, and twenty-five hundred ninety-i of this article
on budget priorities from all members of the school community;
  (II) FOR SCHOOLS UNDER THE JURISDICTION OF A COMMUNITY SUPERINTENDENT,
THE PRINCIPAL SHALL BE REQUIRED TO PROVIDE WRITTEN JUSTIFICATION,  IN  A
FORM  AND  MANNER PRESCRIBED BY THE COMMUNITY SUPERINTENDENT PURSUANT TO
PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-F
OF THIS ARTICLE, TO DEMONSTRATE THAT THE SCHOOL-BASED BUDGET PROPOSAL IS
ALIGNED WITH THE SCHOOL'S COMPREHENSIVE EDUCATIONAL PLAN;
  c.  the review, modification [and], approval AND CERTIFICATION of  the
proposed  school budget [by the] FOR SCHOOLS UNDER THE JURISDICTION OF A
community superintendent PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE OF
SECTION TWENTY-FIVE HUNDRED NINETY-F OF THIS ARTICLE;
  d. within amounts estimated by the chancellor, the aggregation of  the
proposed school-based budgets, as modified and approved by the community
superintendent, with a proposed budget for the administrative and opera-
tional  expenses  of  the community superintendent and community [board]
COUNCIL, as developed by the community superintendent, for submission to
the chancellor;
  e.  the chancellor to develop a  school-based  budgeting  process  for
schools under his or her jurisdiction consistent with this section WHICH
SHALL  REQUIRE  THAT:  (I)  EACH PRINCIPAL PROVIDE WRITTEN JUSTIFICATION
DEMONSTRATING THAT THE SCHOOL-BASED BUDGET IS ALIGNED WITH SUCH SCHOOL'S
COMPREHENSIVE EDUCATIONAL PLAN; (II) THE SCHOOL  BASED  MANAGEMENT  TEAM
SUBMIT  COMMENTS  REGARDING SUCH JUSTIFICATION; AND (III) THE CHANCELLOR
CERTIFY THAT THE SCHOOL-BASED BUDGET IS SUFFICIENTLY ALIGNED  WITH  SUCH

S. 6052--A                         37

SCHOOL'S  COMPREHENSIVE EDUCATIONAL PLAN AFTER REVIEWING THE PRINCIPAL'S
JUSTIFICATION AND THE SCHOOL BASED MANAGEMENT TEAM'S COMMENTS;
  f.  the aggregation of the community district budgets, as modified and
approved  by  the  chancellor, with a proposed budget for administrative
and operational expenditures of the city board and  the  chancellor,  as
prepared  by  the chancellor, for submission to and adoption by the city
board after a public hearing;
  g.  after final adoption of the budget for the city  district  by  the
mayor  and  city  council, a process of   distributing any reductions or
increases required by such adoption in an equitable manner which consid-
ers the relative needs of community districts and schools to the maximum
extent feasible and for modifying the proposed budget accordingly.  Such
process shall include an analysis of the relative funding levels of  the
state,  the  city, the federal government, and other sources of funds; a
comparison of the level of such funding against  previous  years'  total
appropriations  and actual expenditures; and an analysis of the distrib-
ution of funds;
  h.  a comprehensive system of public reporting on  the  final  enacted
budget  including  the levels of appropriation provided by the city, the
state and the federal government with a comparison of the level of  such
funding  against previous years' totals, and an explanation of the final
budget;
  i.   procedures for schools, superintendents  and  the  chancellor  to
modify and reallocate monies in the enacted budget;
  j.    a uniform system of budget requests, reports and appropriations.
Such units of appropriation shall  include  (i)  such  compensation  and
benefits  for  staff; (ii) instruction and for pupil services, including
costs for purchases, library services, instructional materials, and  all
other school-based instructional and instructional support costs attrib-
utable to other than personal services; (iii) administrative and non-in-
structional cost and (iv) extra-curricular activities;
  k.    the  provision  of appropriate technical support and training to
school personnel, parents and other participants in school-based budget-
ing;
  l. a comprehensive planning and  monitoring  process  to  promote  the
implementation of school-based budgeting;
  m.  an  annual  update  of  a  capital plan by the superintendent with
participation of principals and schools, addressing health  and  safety,
maintenance, capacity and technology; and
  n.  a  collaborative  school-based planning process involving parents,
teachers, other school personnel and,  where  appropriate,  students  to
effectuate the purposes of this section.
  S  11.  The  education  law  is  amended  by adding three new sections
2590-t, 2590-u, and 2590-v to read as follows:
  S 2590-T. NEW YORK CITY COMPTROLLER AUDITS.   THE COMPTROLLER  OF  THE
CITY  OF  NEW  YORK  SHALL HAVE THE AUTHORITY TO CONDUCT OPERATIONAL AND
PROGRAMMATIC AUDITS, IN  ADDITION  TO  FINANCIAL  AUDITS,  OF  THE  CITY
DISTRICT TO THE SAME EXTENT THAT SUCH COMPTROLLER HAS SUCH AUTHORITY FOR
AGENCIES OF THE CITY OF NEW YORK.
  S  2590-U.  NEW  YORK  CITY INDEPENDENT BUDGET OFFICE REPORTS. 1.  THE
INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK SHALL BE AUTHORIZED TO
PROVIDE ANALYSIS AND ISSUE PUBLIC REPORTS REGARDING FINANCIAL AND EDUCA-
TIONAL MATTERS OF THE CITY DISTRICT,  TO  ENHANCE  OFFICIAL  AND  PUBLIC
UNDERSTANDING OF SUCH MATTERS INCLUDING BUT NOT LIMITED TO:
  (A) STUDENT GRADUATION AND DROPOUT DATA;
  (B) STUDENT ENROLLMENT PROJECTIONS;

S. 6052--A                         38

  (C) SCHOOL UTILIZATION, CLASS SIZES AND PUPIL-TO-TEACHER RATIOS;
  (D) STUDENT ASSESSMENT DATA;
  (E)  THE  DELIVERY  OF  SERVICES  TO  STUDENTS WHO ARE IN BILINGUAL OR
ENGLISH AS A SECOND LANGUAGE PROGRAMS;
  (F) THE  DELIVERY OF SERVICES TO STUDENTS WITH DISABILITIES;
  (G) THE UTILIZATION OF FEDERAL FUNDS INCLUDING FUNDS PURSUANT TO TITLE
I OF THE ELEMENTARY AND SECONDARY  EDUCATION  ACT  OF  NINETEEN  HUNDRED
SIXTY-FIVE, AS AMENDED, DIRECTED AT PARENTAL INVOLVEMENT; AND
  (H) MATTERS RELATING TO CITY DISTRICT FINANCES.
  2.  IN ADDITION TO THE APPROPRIATION AVAILABLE PURSUANT TO SECTION TWO
HUNDRED FIFTY-NINE OF THE NEW YORK CITY CHARTER, THE CITY  OF  NEW  YORK
SHALL  APPROPRIATE  DURING EACH FISCAL YEAR AN AMOUNT TO THE INDEPENDENT
BUDGET OFFICE OF THE CITY OF NEW YORK NOT LESS THAN TWO AND ONE-HALF PER
CENTUM OF THE APPROPRIATIONS AVAILABLE TO PAY FOR THE  EXPENSES  OF  THE
OFFICE  OF  MANAGEMENT  AND  BUDGET  OF THE CITY OF NEW YORK DURING EACH
FISCAL YEAR, TO CARRY OUT THE DUTIES  AND  FUNCTIONS  ASSIGNED  IN  THIS
SUBDIVISION.
  3.    THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW
YORK SHALL BE AUTHORIZED TO SECURE SUCH INFORMATION, DATA, ESTIMATES AND
STATISTICS FROM THE CITY BOARD, THE NEW YORK  CITY  SCHOOL  CONSTRUCTION
AUTHORITY AND THE CHANCELLOR AS SUCH DIRECTOR DETERMINES TO BE NECESSARY
FOR  THE PERFORMANCE OF THE FUNCTIONS AND DUTIES OF SUCH OFFICE, AND THE
CITY BOARD, THE NEW YORK CITY  SCHOOL  CONSTRUCTION  AUTHORITY  AND  THE
CHANCELLOR  SHALL  PROVIDE  SUCH  INFORMATION,  TO THE EXTENT THAT IT IS
AVAILABLE, IN A TIMELY FASHION AND IN THE FORM WHICH THE DIRECTOR OF THE
INDEPENDENT BUDGET OFFICE DEEMS MOST APPROPRIATE. THE  DIRECTOR  OF  THE
INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK  SHALL NOT BE ENTITLED
TO   OBTAIN   RECORDS   WHICH   ARE  PROTECTED  BY  THE  PRIVILEGES  FOR
ATTORNEY-CLIENT COMMUNICATIONS,  ATTORNEY  WORK  PRODUCT,  AND  MATERIAL
PREPARED FOR LITIGATION.
  4.  THE  DIRECTOR  OF THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW
YORK SHALL ENSURE THAT  SUCH  OFFICE  USES  UP-TO-DATE  APPROPRIATE  AND
PROFESSIONALLY  ACCEPTED  METHODOLOGIES IN PRODUCING ANNUAL DATA REPORTS
RELATED TO THE CITY DISTRICT AND THAT SUCH METHODOLOGIES USED ARE  IDEN-
TIFIED IN SUCH REPORTS.
  S  2590-V. ESTABLISHMENT OF THE CITY-WIDE INDEPENDENT PARENT ORGANIZA-
TION AND PARENT ACADEMY.  1. A CITY-WIDE  INDEPENDENT  PARENT  ORGANIZA-
TION, FUNDED THROUGH A TWENTY-FIVE MILLION DOLLAR APPROPRIATION FROM THE
ANNUAL  BUDGET  OF THE NEW YORK CITY COMMUNITY SCHOOL DISTRICT IS HEREBY
CREATED.  THE CITY-WIDE INDEPENDENT PARENT  ORGANIZATION  SHALL  PERFORM
THE FOLLOWING FUNCTIONS:
  (A)  PROVIDE  PARENTS  WITH  ONGOING  TRAINING THAT WILL ASSIST IN THE
EXERCISE OF PARENTAL RESPONSIBILITIES AND FULL PARTICIPATION WITHIN  THE
CITY DISTRICT;
  (B)  PROVIDE  PARENTS  WITH  THE ADVISORY, LEGAL AND TECHNICAL SUPPORT
REQUIRED FOR EXERCISE OF  PARENTAL  RESPONSIBILITIES  AND  FULL  PARTIC-
IPATION WITHIN THE CITY DISTRICT; AND
  (C) SUCH ENTITY SHALL BE CALLED THE PARENT ACADEMY.
  2.  (A) THE CITY-WIDE INDEPENDENT PARENT ORGANIZATION SHALL BE MANAGED
BY AN EXECUTIVE COMMITTEE, HEREAFTER REFERRED TO AS THE CITY-WIDE EXECU-
TIVE COMMITTEE, WHICH SHALL CONSIST OF THIRTEEN VOTING MEMBERS WHO SHALL
BE PARENTS OF STUDENTS CURRENTLY ENROLLED IN THE CITY DISTRICT.
  (B) MEMBERS OF THE CITY-WIDE EXECUTIVE COMMITTEE SHALL BE  ELECTED  BY
SECRET  BALLOT  BY  PARENTS  OF  STUDENTS CURRENTLY ENROLLED IN THE CITY
DISTRICT PURSUANT TO REGULATIONS PROMULGATED  BY  THE  PUBLIC  ADVOCATE.
SUCH  ELECTION PROCESS SHALL INCORPORATE PROCEDURES NECESSARY TO REFLECT

S. 6052--A                         39

THE  MULTICULTURAL,  GEOGRAPHIC  AND  SOCIOECONOMIC  DIVERSITY  OF   THE
CITY-WIDE  STUDENT  POPULATION, INCLUDING ENGLISH LANGUAGE LEARNERS, AND
PARENTS OF STUDENTS WITH INDIVIDUALIZED EDUCATION PROGRAMS.  MEMBERS  OF
THE  EXECUTIVE COMMITTEE SHALL SERVE TWO-YEAR TERMS. THIRTEEN MEMBERS OF
THE EXECUTIVE COMMITTEE SHALL BE ELECTED IN TWO THOUSAND NINE.
  (C) THE EXECUTIVE COMMITTEE OF THE CITY-WIDE INDEPENDENT PARENT ORGAN-
IZATION SHALL HAVE THE POWER TO:
  (1) EMPLOY AND SUPERVISE ADMINISTRATIVE AND PROFESSIONAL STAFF OF  THE
PARENT ACADEMY;
  (2)  CREATE A BUDGET FOR THE CITY-WIDE INDEPENDENT PARENT ORGANIZATION
AND THE PARENT ACADEMY CREATED PURSUANT TO THIS SECTION;
  (3) DISTRIBUTE FUNDS FOR THE CITY-WIDE INDEPENDENT PARENT ORGANIZATION
AND THE PARENT ACADEMY CREATED PURSUANT TO THIS SECTION;
  (4) ADVISE AND COMMENT ON THE PROCESS OF ESTABLISHING CHAPTERS OF  THE
INDEPENDENT  PARENT ORGANIZATION IN COMMUNITY SCHOOL DISTRICTS AND INDI-
VIDUAL NEW YORK CITY PUBLIC SCHOOLS;
  (5) HOLD AT LEAST ONE MEETING PER MONTH OPEN TO THE PUBLIC AND  DURING
WHICH THE PUBLIC MAY DISCUSS ISSUES FACING STUDENTS IN THE NEW YORK CITY
PUBLIC SCHOOL SYSTEM; AND
  (6) ESTABLISH RULES AND REGULATIONS FOR THE ORGANIZATION AND FUNCTION-
ING OF LOCAL CHAPTERS OF THE INDEPENDENT PARENT ORGANIZATION ESTABLISHED
PURSUANT TO THIS SECTION.
  (D)  MEMBERS  OF THE CITY-WIDE EXECUTIVE COMMITTEE SHALL NOT BE PAID A
SALARY OR STIPEND, BUT SHALL BE REIMBURSED FOR ALL ACTUAL AND  NECESSARY
EXPENSES  DIRECTLY  RELATED  TO  THE  DUTIES AND RESPONSIBILITIES OF THE
CITY-WIDE COUNCIL ON HIGH SCHOOLS.
  (E) THE EXECUTIVE COMMITTEE OF THE CITY-WIDE INDEPENDENT PARENT ORGAN-
IZATION MAY APPOINT A SECRETARY, PURSUANT TO THE POLICIES  OF  THE  CITY
BOARD WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
  (1) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (2)  RECORD  AND  MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER EXECUTIVE
COMMITTEE MEETINGS; AND
  (3) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATERI-
ALS FOR SUCH MEETINGS. THE EXECUTIVE COMMITTEE SHALL BE RESPONSIBLE  FOR
THE APPOINTMENT, SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (F)  NO PERSON MAY SERVE ON BOTH THE CITY-WIDE EXECUTIVE COMMITTEE AND
A COMMUNITY DISTRICT EDUCATION COUNCIL. A MEMBER OF THE CITY-WIDE EXECU-
TIVE COMMITTEE SHALL BE INELIGIBLE TO BE EMPLOYED BY SUCH  COUNCIL,  ANY
COMMUNITY DISTRICT EDUCATION COUNCIL, OR THE CITY BOARD. NO PERSON SHALL
BE  ELIGIBLE  FOR MEMBERSHIP ON THE EXECUTIVE COMMITTEE OF THE CITY-WIDE
INDEPENDENT PARENT ORGANIZATION IF HE OR SHE HOLDS ANY  ELECTIVE  PUBLIC
OFFICE  OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF DELE-
GATE OR ALTERANT DELEGATE TO A NATIONAL, STATE, JUDICIAL OR OTHER  PARTY
CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.
  3.  (A)  THE  CITY-WIDE INDEPENDENT PARENT ORGANIZATION MAY BE REPRES-
ENTED LOCALLY BY  CHAPTERS FOR EACH SCHOOL IN THE CITY DISTRICT,  FORMED
BY  PARENTS  AT  THE  SCHOOL.  SUCH CHAPTERS MAY BE FORMED FROM EXISTING
PARENT ASSOCIATIONS CREATED  PURSUANT  TO  SECTION  TWENTY-FIVE  HUNDRED
NINETY-H  OF  THIS  ARTICLE OR MAY BE FORMED INDEPENDENTLY BY INDIVIDUAL
PARENTS.
  (B) EVERY PARENT IN THE SCHOOL REPRESENTED BY A LOCAL CHAPTER  OF  THE
INDEPENDENT  PARENT  ORGANIZATION  SHALL HAVE AN EQUAL VOTE IN THE CHAP-
TER'S DECISION-MAKING PROCESS.
  (C) LOCAL CHAPTERS OF THE INDEPENDENT PARENT ORGANIZATION  SHALL  HAVE
AN  EXECUTIVE  COMMITTEE  RESPONSIBLE FOR ENCOURAGING PARENTS TO DEVELOP
PARENTING AND GOVERNING SKILLS IN THE PARENT ACADEMY.

S. 6052--A                         40

  (D) FORMATION OF A LOCAL CHAPTER OF THE INDEPENDENT  PARENT  ORGANIZA-
TION SHALL ENTITLE PARENTS IN THE RESPECTIVE SCHOOL TO ACCESS THE PARENT
ACADEMY ESTABLISHED PURSUANT TO THIS SECTION.
  S  12.  Paragraph (c) of subdivision 1 of section 414 of the education
law, as amended by chapter 257 of the laws of 1976, is amended  to  read
as follows:
  (c)  For  holding  social,  civic and recreational meetings and enter-
tainments, and other uses pertaining to the welfare  of  the  community;
but  such  meetings,  entertainment  and uses shall be non-exclusive and
shall be open to the general public.  CIVIC MEETINGS SHALL INCLUDE,  BUT
NOT  BE  LIMITED  TO, MEETINGS OF PARENT ASSOCIATIONS AND PARENT-TEACHER
ASSOCIATIONS.
  S 13. Section 19 of chapter 738 of the  laws  of  1988,  amending  the
administrative  code of the city of New York, the public authorities law
and other laws relating to the New York city school construction author-
ity, as amended by chapter 134 of the laws of 2004, is amended  to  read
as follows:
  S  19. This act shall take effect immediately, provided, however, that
the provisions of subdivision 6 of section 209 of the civil service law,
as added by section four  of  this  act,  shall  expire  and  be  deemed
repealed  on  and  after  June  30,  1995, and further provided that the
provisions of section 1735 of the public authorities law,  as  added  by
section  fourteen  of  this  act, shall expire and be deemed repealed on
June 30, [2009] 2014.
  S 14. Subdivision 1 of section 1735 of the public authorities law,  as
amended  by  chapter  410  of  the  laws  of 1999, is amended to read as
follows:
  1. Notwithstanding the provisions of paragraph b of subdivision one of
section seventeen hundred  thirty-four  of  this  title,  the  award  of
construction  contracts  by  the  authority between July first, nineteen
hundred eighty-nine and June thirtieth,  two  thousand  [two]  FOURTEEN,
shall not be subject to the provisions of section one hundred one of the
general municipal law.
  S 15. Section 34 of chapter 91 of the laws of 2002 amending the educa-
tion  law  and other laws relating to the reorganization of the New York
city school construction authority, board  of  education  and  community
boards,  as  amended  by  chapter 123 of the laws of 2003, is amended to
read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty  of  this
act  shall expire and be deemed repealed June 30, [2009] 2015; provided,
further, that notwithstanding any provision of article 5 of the  general
construction law, on June 30, [2009] 2015 the provisions of subdivisions
3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
2554  of  the  education  law  as repealed by section three of this act,
subdivision 1 of section 2590-b of the  education  law  as  repealed  by
section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven  of  this  act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as  repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of  this
act,  subdivision  28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-

S. 6052--A                         41

vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
section  thirty  of  this  act  shall  be  revived  and  be read as such
provisions existed in law on the date immediately preceding  the  effec-
tive  date of this act; provided, however, that sections seven and eight
of this act shall take effect on November  30,  2003;  provided  further
that  the  amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to  the  expiration
and  reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the  provisions  of
section four of this act shall take effect.
  S 16. Subdivisions 1 and 2 of section 306 of the education law, subdi-
vision  1  as amended by chapter 298 of the laws of 1957, are amended to
read as follows:
  1.  Whenever it shall be proved to his OR HER  satisfaction  that  any
trustee,  member  of  a board of education, clerk, collector, treasurer,
district superintendent, superintendent of schools,  CHANCELLOR  OF  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, or other school officer is
a member of an organization listed as subversive by the board of regents
pursuant  to the provisions of section three thousand twenty-two of this
chapter, or has been guilty of any [wilful] WILLFUL violation or neglect
of duty under this chapter,  or  any  other  act  pertaining  to  common
schools  or  other educational institution participating in state funds,
or [wilfully] WILLFULLY disobeying any decision, order,  rule  or  regu-
lation  of  the  regents  or  of  the  commissioner [of education], said
commissioner, after a hearing at which the school officer shall have the
right of representation by counsel, may, by an order under  his  OR  HER
hand  and  seal,  which  order  shall  be recorded in his OR HER office,
remove such school officer from his OR HER office.
  2. [Said] THE commissioner [of education] may also withhold  from  any
district or city its share of the public money of the state for [wilful-
ly]  WILLFULLY disobeying any provision of law or any decision, order or
regulation as aforesaid.
  S 17. 1. A temporary state commission, to be known as  the  commission
on  public  safety  in the city school district of the city of New York,
and hereinafter referred to as the  commission,  is  hereby  created  to
examine,  evaluate  and  make recommendations concerning the impact that
the current chancellor's regulations  and  New  York  police  department
policies  have on student safety, welfare, and achievement. Specifically
the commission shall examine at least the following:
  (a) the impact police and school safety officers have had  on  student
safety and a safe learning environment;
  (b) the methodology used to determine how many school safety and secu-
rity officers are assigned to each school;
  (c)  the  impact of law enforcement presence and activities on student
rights and emotional welfare;
  (d) the appropriateness of the chancellor's current regulations; and
  (e) ways  community  district  superintendents,  principals,  and  law
enforcement can work in a collaborative manner to address student safety
and  provide  community  district superintendents and principals greater
input into law enforcement practices on school grounds.
  2. The commission shall consist of eleven members, to be appointed  as
follows: one member to be appointed by the New York city chancellor, one
member appointed by the New York city police commissioner, one member by
the  speaker  of  the  New York city council, one member by the New York
city public advocate, one by the collective bargaining unit representing
public school teachers, one appointed by the  organization  representing

S. 6052--A                         42

New  York  City  school  supervisors  and  each  borough president shall
appoint one parent of  a  public  school  student  who  resides  in  the
borough.  The  members  of  the  temporary  state commission established
pursuant  to  this section shall be appointed no later than September 1,
2009 and shall convene the first meeting of the commission no later than
January 1, 2010. The commission shall elect a chair, a vice-chair and  a
secretary  from  amongst  its members. Notwithstanding the provisions of
section 74 of the public officers law, section 806 of the general munic-
ipal law or any other provision of law, membership on the commission  of
any  state  or  municipal  officer  or employee shall not constitute the
violation of any code of ethics or a conflict of interest.  The  commis-
sion  shall  meet  at  least monthly. Vacancies in the membership of the
commission and among its officers shall be filled in the manner provided
for original appointments.
  3. The commission may employ and at pleasure remove such personnel  as
it may deem necessary for the performance of its functions and fix their
compensation within the amount made available therefor.
  4.  The  commission  may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative  commit-
tee pursuant to the legislative law.  The commission shall hold at least
one  hearing  in  each  borough  of  New York city to solicit input from
members of the public, students, and community based organizations. Such
hearings shall be publicized in such manner as to solicit maximum public
participation. The members of the commission shall select the commission
chair.
  5. The sum of one hundred thousand  dollars  ($100,000),  or  so  much
thereof as may be necessary, is hereby appropriated to the commission on
public education in the city school district of the city of New York out
of any moneys in the state treasury in the general fund to the credit of
the  aid  to  localities  account,  not otherwise appropriated, and made
immediately available, for the purpose of carrying out the provisions of
this section. Such moneys shall be payable on the audit and  warrant  of
the  state comptroller on vouchers certified or approved by the New York
city chancellor of education in the manner prescribed by law.
  6. The members of the commission shall  receive  no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this section.
  7. To the maximum extent feasible, the commission shall be entitled to
request and receive, and shall utilize and be provided with such facili-
ties,  resources  and  data  of any department, division, board, bureau,
commission or agency of the state or any political  subdivision  thereof
as it may reasonably request to properly carry out its powers and duties
pursuant  to this section. The speaker of the city council shall provide
administrative support as necessary for  the  commission  to  carry  out
powers and duties of the commission.
  8.  The  commission  shall make a report to the chancellor of New York
city schools, the city board, the New York city police  department,  the
mayor  of  New  York city, the speaker of the New York city council, the
commissioner of education, and the  chair  and  ranking  member  of  the
senate  and  assembly  education committees of its findings, conclusions
and recommendations on or before June 30, 2010, and  shall  submit  with
such  report  such legislative proposals as it deems necessary to imple-
ment its recommendations.
  9. The temporary state commission established pursuant to this section
shall expire and be terminated on the first day next succeeding the date
of the submission of its report as provided in subdivision eight of this

S. 6052--A                         43

section, and the chairperson of the temporary  commission  shall  notify
the  legislative  bill  drafting  commission  upon the submission of the
commission's report as provided for in subdivision eight of this section
in  order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.
  S 17-a. Commission on public education in the city  of  New  York.  1.
There is hereby established a commission on public education in the city
of  New  York  set  to  establish broad-based community consensus on the
future mission, core  principles,  goals,  accountabilities  and  policy
framework  for public primary and secondary education in the city of New
York; and submit its report and recommendations to the state legislature
and the city council of the city of New York for their consideration.
  2. The commission shall submit its report and recommendations pursuant
to subdivision one of this section to the legislature and the city coun-
cil of the city of New York by September 30, 2010.
  3. The commission may consult with such specialists in  the  field  of
public  education, management, and governance as it chooses. The commis-
sion shall draft a report and recommendations that articulate  a  broad-
based  community  consensus  on  the  future,  mission, core principles,
goals, accountabilities and policy  framework  for  public  primary  and
secondary  education  in the city of New York, and which promises trans-
parency, systematic constituent  involvement  in  decision-making,  high
levels  of student achievement across all subject areas, and high levels
of parent, student and employee involvement and satisfaction.
  4. Commission members shall serve at the  pleasure  of  the  selection
committee.  The  selection  committee shall be appointed as follows: one
education expert or advocate shall be appointed by each of the governor,
the mayor of the city of New York, and each of the chairs of the senate,
assembly, and city council education committees. The appointments  shall
be  completed by September 30, 2009. The selection committee shall empa-
nel a commission of fifty to sixty members that (a)  genuinely  reflects
the diverse composition of the public school communities within all five
boroughs  of  the city of New York, especially with respect to socioeco-
nomic status, race, gender, language,  national  origin  and  disability
status;  and  (b) is composed of a majority of members who represent the
interests of parents, students, teachers, administrators, and  community
members  in  the  development of the commission's report and recommenda-
tions. The selection committee may select commission members through  an
open  application  process in all five boroughs. The selection committee
shall advise and consult with the commission concerning  the  means  for
establishing  a  broad-based community consensus on the future, mission,
core principles, goals, accountabilities and policy framework for public
primary and secondary education in the city of New York.  The  selection
committee may advise and consult with the commission during the drafting
process.
  5. Moneys appropriated by the state shall be used to facilitate train-
ing  of  the  commission  members in collaborative decision-making proc-
esses, for member reimbursement of actual and  necessary  expenses,  for
translation  services,  and  for  the production of the final report and
recommendations. The chancellor of the city school district of the  city
of  New  York  shall provide administrative and technical support to the
commission, and shall provide meeting space  as  necessary  pursuant  to
subdivision 6 of this section.

S. 6052--A                         44

  6.  The  commission's meetings shall be publicly noticed, at least ten
days in advance, and shall be open to the public. The  commission  shall
have  the  option,  but  not the obligation, to schedule time for public
comment, and that decision shall be noticed in the commission's  meeting
notice. Commission meetings shall be held at New York city department of
education schools in all five boroughs, at no expense to the commission.
The  New York city board of education shall facilitate such meetings, by
making appropriate space and furniture available, and by  providing  any
needed  site  supervision personnel. The commission may meet as a whole,
and in borough or other subcommittees at its discretion. Meeting minutes
shall be kept for all meetings, and  shall  be  made  available  to  the
public, on a website to be developed by the commission. Contemporaneous-
ly  with the submission to the legislature of the report and recommenda-
tions, the commission shall report to the legislature that its recommen-
dations are based on a broad-based community consensus and shall specify
the means through which such consensus was established.
  7. The sum of one hundred thousand  dollars  ($100,000),  or  so  much
thereof as may be necessary, is hereby appropriated to the commission on
public  education out of any moneys in the state treasury in the general
fund to the credit of the  aid  to  localities  account,  not  otherwise
appropriated,  and made immediately available, for the purpose of carry-
ing out the provisions of this section. Such moneys shall be payable  on
the  audit and warrant of the state comptroller on vouchers certified or
approved by the New York city chancellor  of  education  in  the  manner
prescribed by law.
  S  18. Section 1728 of the public authorities law is amended by adding
a new subdivision 18 to read as follows:
  18. THE AUTHORITY SHALL PROVIDE TO THE NEW YORK CITY INDEPENDENT BUDG-
ET OFFICE SUCH INFORMATION, DATA, ESTIMATES AND STATISTICS AS THE DIREC-
TOR DETERMINES TO BE NECESSARY FOR THE PERFORMANCE OF THE FUNCTIONS  AND
DUTIES  OF  SUCH  OFFICE, IN A TIMELY FASHION, AND IN THE FORM WHICH THE
DIRECTOR DEEMS MOST APPROPRIATE. THE DIRECTOR OF THE INDEPENDENT  BUDGET
OFFICE  OF  THE CITY OF NEW YORK SHALL NOT BE ENTITLED TO OBTAIN RECORDS
WHICH ARE PROTECTED  BY  THE  PRIVILEGES  FOR  ATTORNEY-CLIENT  COMMUNI-
CATIONS, ATTORNEY WORK PRODUCT, AND MATERIAL PREPARED FOR LITIGATION.
  S  19.    Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S 20. This act shall take effect immediately, except that if this  act
shall  have  become a law on or after June 30, 2009, this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect on and after June 30, 2009; provided that:
  1. sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven and twelve of this act shall take effect June 30, 2009;
  2.    the  amendments  to  section 2590-b of the education law made by
section one of this act shall not affect the  expiration  or  repeal  of
certain  provisions  of  such  section  and  shall  expire and be deemed
repealed therewith;
  3.  the amendments to section 2590-c of  the  education  law  made  by
section  two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith;

S. 6052--A                         45

  4.  the amendments to subdivision 1 of section 2590-d of the education
law made by section three of this act shall not affect the expiration of
such section and shall be deemed to expire therewith;
  5.  the  amendments  to  section  2590-e  of the education law made by
section four of this act shall not affect the repeal of such section and
shall expire and be deemed repealed therewith;
  6. the amendments to paragraphs (s)  and  (t)  of  subdivision  1  and
subdivisions  2  and  3  of  section 2590-f of the education law made by
section five of this act shall not affect the expiration  and  reversion
of  such  provisions  and shall expire and be deemed repealed therewith;
provided further that the amendments to paragraph (u) of  subdivision  1
of  section 2590-f of the education law made by section five of this act
shall not affect the repeal of such paragraph and shall  expire  and  be
deemed repealed therewith;
  7.  the  amendments  to  section  2590-g  of the education law made by
section six of this act shall not affect the expiration and reversion of
such section and shall expire and be deemed repealed therewith;
  8. the amendments to section 2590-h  of  the  education  law  made  by
section  seven of this act shall not affect the expiration and repeal of
certain provisions of such  section  and  shall  expire  and  be  deemed
repealed therewith;
  9.  the amendments to paragraph (c) of subdivision 2 of section 2590-i
of the education law made by section eight of this act shall not  affect
the  expiration  and reversion of such paragraph and shall expire and be
deemed repealed therewith;
  10. the amendments to subdivision 3 of section 2590-p of the education
law made by section nine of this act shall not affect the expiration and
reversion of such subdivision and shall expire and  be  deemed  repealed
therewith;
  11.  the amendments to section 1735 of the public authorities law made
by  section  thirteen  of  this  act shall not affect the repeal of such
section and shall be deemed repealed therewith; and
  12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section  17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, 2015.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6052--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              June 22, 2009
                               ___________

Introduced  by Sens. SAMPSON, ADAMS, DIAZ, HUNTLEY, KRUEGER, MONSERRATE,
  MONTGOMERY, ONORATO, PARKER, SCHNEIDERMAN, SERRANO, STAVISKY  --  read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules --  committee  discharged,  bill  amended,  ordered
  reprinted  as  amended  and recommitted to said committee -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the education law, in relation  to  the  New  York  city
  board  of  education,  chancellor,  community  councils  and community
  superintendents; to amend chapter 738 of the laws  of  1988,  amending
  the  administrative  code of the city of New York, the public authori-
  ties law  and  other  laws  relating  to  the  New  York  city  school
  construction authority, in relation to extending certain provisions of
  such  chapter relating to certain contracts of the authority; to amend
  the  public  authorities  law,  in  relation  to   extending   certain
  provisions;  to  amend  chapter  91  of  the laws of 2002 amending the
  education law and other laws relating to the reorganization of the New
  York city school construction authority, board of education and commu-
  nity boards, in relation to extending certain provisions of such chap-
  ter; establishing the commission on public safety in the  city  school
  district of the city of New York, providing for its powers and duties,
  and  making  an appropriation therefor; establishing the commission on
  public education in the city of New York, providing for its powers and
  duties, and making an appropriation therefor; and  providing  for  the
  repeal of certain provisions of the education law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2590-b of the education law, as  added  by  chapter
330  of  the  laws  of  1969,  the  section heading and subdivision 2 as
amended and subdivision 4 as added by chapter 123 of the laws  of  2003,
subdivision 1 as added by chapter 91 of the laws of 2002 and subdivision

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11959-15-9
              

S. 6052--B                          2

3  as  amended by chapter 727 of the laws of 1994, is amended to read as
follows:
  S 2590-b.  Continuation  of  city board and establishment of community
districts; establishment of the city-wide [council on special education]
COUNCILS ON SPECIAL EDUCATION, ENGLISH LANGUAGE LEARNERS, THE ARTS,  AND
HIGH SCHOOLS.  1. (a) The board of education of the city school district
of  the  city  of  New York is hereby continued. Such board of education
shall consist of thirteen APPOINTED members: one member to be  appointed
by  each  borough  president  of the city of New York; [seven] AND EIGHT
members to be appointed by the mayor of   the   city of New  York[;  and
the].  THE chancellor SHALL SERVE AS AN EX-OFFICIO NON-VOTING  MEMBER OF
THE  CITY  BOARD.  [The chancellor shall serve as the chairperson of the
city board.] THE CITY BOARD SHALL ELECT ITS OWN CHAIRPERSON  FROM  AMONG
ITS  VOTING  MEMBERS.  [All  twelve appointed members shall serve at the
pleasure of the appointing authority] EACH VOTING MEMBER SHALL  SERVE  A
TWO-YEAR  TERM  and shall not be employed in any capacity by the city of
New York, or a subdivision thereof, or  the  city  board.  NO  APPOINTED
MEMBER OF THE CITY BOARD SHALL ALSO BE A MEMBER, OFFICER, OR EMPLOYEE OF
ANY  PUBLIC CORPORATION, AUTHORITY, OR COMMISSION WHERE THE MAYOR OF THE
CITY OF NEW YORK HAS A MAJORITY OF THE APPOINTMENTS. Each borough presi-
dent's appointee shall be a  resident  of  the  borough  for  which  the
borough  president  appointing  him  or her was elected and shall be the
parent of a child attending a  public  school  within  the  city  school
district  of  the  city  of  New York. Each mayoral appointee shall be a
resident of the city AND ONE SHALL BE A PARENT OF A  CHILD  ATTENDING  A
PUBLIC  SCHOOL  WITHIN THE CITY DISTRICT, AND ONE SHALL BE A PARENT OF A
CHILD WITH AN INDIVIDUALIZED EDUCATION PROGRAM ATTENDING A PUBLIC SCHOOL
WITHIN THE CITY DISTRICT.   ALL PARENT  MEMBERS  SHALL  BE  ELIGIBLE  TO
CONTINUE  TO SERVE ON THE CITY BOARD FOR TWO YEARS FOLLOWING THE CONCLU-
SION OF THEIR CHILD'S ATTENDANCE AT A  PUBLIC  SCHOOL  WITHIN  THE  CITY
DISTRICT.  Any vacancy shall be filled by appointment by the appropriate
appointing authority WITHIN NINETY DAYS OF SUCH VACANCY. Notwithstanding
any provision of local law, the members of  the  board  shall  not  have
staff, offices, or vehicles assigned to them or receive compensation for
their  services,  but  shall  be reimbursed for the actual and necessary
expenses incurred by them in the performance of their duties.
  (b) The city board shall hold at least  [twelve]  ONE  REGULAR  PUBLIC
[meetings]  MEETING per MONTH. AT LEAST ONE REGULAR PUBLIC MEETING SHALL
BE HELD IN EACH BOROUGH OF THE CITY OF NEW YORK PER year; any additional
meetings may be called at the request of the  [chancellor]  CHAIRPERSON.
THE  CITY  BOARD  SHALL  CONSIDER APPROPRIATE PUBLIC ACCOMMODATIONS WHEN
SELECTING A VENUE SO AS TO MAXIMIZE PARTICIPATION  BY  PARENTS  AND  THE
COMMUNITY.
  (C)  (I) NOTICE OF THE TIME, PLACE AND AGENDA FOR ALL CITY BOARD REGU-
LAR PUBLIC MEETINGS SHALL BE PUBLICLY PROVIDED, INCLUDING VIA  THE  CITY
BOARD'S  OFFICIAL  INTERNET WEB SITE, AND SPECIFICALLY CIRCULATED TO ALL
COMMUNITY SUPERINTENDENTS, COMMUNITY DISTRICT EDUCATION COUNCILS, COMMU-
NITY BOARDS, AND SCHOOL BASED MANAGEMENT TEAMS, AT  LEAST  TEN  BUSINESS
DAYS IN ADVANCE OF SUCH MEETING.
  (II)  A CITY BOARD REGULAR PUBLIC MEETING AGENDA SHALL BE COMPRISED OF
A LIST AND BRIEF DESCRIPTION OF THE  SUBJECT  MATTER  BEING  CONSIDERED,
IDENTIFICATION  OF ALL ITEMS SUBJECT TO A CITY BOARD VOTE, AND THE NAME,
OFFICE, ADDRESS, EMAIL ADDRESS AND TELEPHONE NUMBER OF A  CITY  DISTRICT
REPRESENTATIVE,  KNOWLEDGEABLE  ON THE AGENDA, FROM WHOM ANY INFORMATION
MAY BE OBTAINED AND TO WHOM WRITTEN COMMENTS MAY BE SUBMITTED CONCERNING
ITEMS ON SUCH AGENDA.

S. 6052--B                          3

  (D) THE CHAIRPERSON OF THE CITY BOARD SHALL ENSURE THAT AT EVERY REGU-
LAR PUBLIC MEETING THERE IS A SUFFICIENT PERIOD OF  TIME  TO  ALLOW  FOR
PUBLIC COMMENT ON ANY TOPIC ON THE AGENDA PRIOR TO ANY CITY BOARD VOTE.
  (E)  MINUTES  OF  ALL CITY BOARD REGULAR PUBLIC MEETINGS SHALL BE MADE
PUBLICLY AVAILABLE, INCLUDING VIA THE  CITY  BOARD'S  OFFICIAL  INTERNET
WEBSITE,  IN  A  TIMELY  MANNER BUT NO LATER THAN THE SUBSEQUENT REGULAR
CITY BOARD MEETING.
  2. (a) There shall be a community council for each community  district
created pursuant to this article.
  (b) The city board shall define, adjust, alter, maintain and adopt the
boundaries  of the community districts pursuant to this chapter no later
than February first, nineteen hundred ninety-five.  There  shall  be  no
less than thirty nor more than thirty-seven community districts.
  (c)  The  city  board may readjust or alter the districts in such plan
only once in every ten years, commencing  with  the  year  two  thousand
four. The city board in conjunction with the chancellor and the communi-
ty  council  representatives,  shall  prepare  and make public a plan to
ensure the smooth transition of pupils and school personnel, creation of
new boards, and allocation of school facilities and resources among  the
districts  established  pursuant  to  paragraph (b) of this subdivision.
Prior to the adoption of the transition plan, the city board shall  hold
one  or  more public hearings in each borough. The city board shall make
the transition plan available not less than three weeks before the first
such public hearing. Upon  receipt  of  comments,  the  city  board,  in
conjunction  with  the  chancellor  and  the community council represen-
tatives, shall prepare a revised transition plan, if necessary and  make
such plan available to the public for comment.
  3. (a) The redistricting advisory study group established prior to the
effective  date  of  this  paragraph for the purpose of study and making
recommendations on  community  school  district  boundaries,  is  hereby
continued and shall perform the duties required herein.
  (b)  The study group shall prepare a report containing recommendations
for  dividing  the  city  into  no  more  than  thirty-seven   community
districts.
  (c)  In  preparation of its recommendations for dividing the city into
community districts, the study group shall ensure that  the  recommenda-
tions  provide  for  the most effective delivery of educational services
and shall be guided by the following criteria:
  (1) each community district shall: (i) be a suitable  size  for  effi-
cient  policy-making  and economic management; (ii) contain a reasonable
number of pupils; (iii) be  compact  and  contiguous,  contained  within
county  lines,  and to the maximum extent possible, keep intact communi-
ties and  neighborhoods;  and  (iv)  bear  a  rational  relationship  to
geographic  areas  for  which  the  city  of New York plans and provides
services;
  (2) to the extent possible, keep existing lines intact;
  (3) the common and special education  needs  of  the  communities  and
school children involved;
  (4) effective utilization of existing and planned school facilities;
  (5)  minimum disruption of existing and planned elementary school-jun-
ior high/middle school-high school feeder patterns;
  (6) transportation facilities;
  (7) additional administrative costs involved in the creation  of  such
new districts; and
  (8)  ensure  fair  and effective representation of racial and language
groups pursuant to the Voting Rights Act of 1965, as amended;

S. 6052--B                          4

  (9) notwithstanding the provisions of this subparagraph  and  subpara-
graphs  one  through  eight  of this paragraph: (i) the residents of the
county of New York in school district ten as it  existed  prior  to  the
implementation  of  this  paragraph  shall  continue to remain in school
district  ten  as  such  district  is  comprised; (ii) the boundaries of
community district thirty-one shall  continue  to  remain  as  they  are
currently  comprised;  and  (iii)  no  county shall have fewer community
school districts than in existence on the effective date of  this  para-
graph.
  (d)  The  study  group  shall hold one or more public hearings in each
borough before final adoption of its recommendations.  The  study  group
shall  make  its  recommendations available to the public for inspection
and comment not less than one month before the first such  public  hear-
ing.  Following its consideration of the comments received on the recom-
mendations, the study group shall prepare a report containing its  final
recommendations.  The  study  group  shall submit its report to the city
board and make such report available to the  public  for  inspection  no
later than November first, nineteen hundred ninety-four.
  (e)  The  city  board  of education shall hold public hearings in each
borough on the recommendations submitted by  the  study  group  and  may
adopt,  revise  or  reject in whole or in part such recommendations, or,
may request the study group  to  submit  adjusted  recommendations.  The
final recommendations shall be adopted by the city board of education no
later  than  February first, nineteen hundred ninety-five to take effect
July first, nineteen hundred  ninety-six,  provided  that  such  revised
boundaries  adopted  by the city board pursuant to this chapter shall be
used for purposes of community school board elections to be held on  the
first Tuesday in May, nineteen hundred ninety-six.
  (f) Provided, however, that the city board may make minor adjustments,
(i)  to  correct  errors that may occur in the district lines adopted by
the city board, or (ii) upon showing a change in circumstances. Any such
limited revisions to community school district lines may  occur  between
the  effective  date  of  this paragraph and the city board readjustment
scheduled in the year two thousand four.
  (g) No public hearings required pursuant to this subdivision shall  be
held  during the months of July and August. All public hearings shall be
held at a time and place designated to  maximize  community  and  parent
participation. Notice of all such public hearings shall be provided in a
timely  manner  to  all  print  and electronic media and shall be widely
distributed to all interested parties, so as to  maximize  participation
by parents and the community. In addition such notice shall be posted in
each school building and district office.
  4.  a. There shall be a city-wide council on special education created
pursuant to this section. The city-wide  council  on  special  education
shall  consist  of  eleven  voting members and one non-voting member, as
follows:
  (1) nine voting members who shall be parents of students [who  receive
services  pursuant to article eighty-nine of this chapter] WITH INDIVID-
UALIZED EDUCATION PROGRAMS, to be selected by parents of  students  [who
receive  such  services] WITH INDIVIDUALIZED EDUCATION PROGRAMS pursuant
to a representative process developed by the  chancellor.  Such  members
shall serve a two year term;
  (2) two voting members appointed by the public advocate of the city of
New  York,  who shall be individuals with extensive experience and know-
ledge in the areas of educating, training or employing individuals  with
handicapping  conditions  and  will  make  a significant contribution to

S. 6052--B                          5

improving special education in the city  district.  Such  members  shall
serve a two year term; and
  (3)  one  non-voting  member  who  is  a high school senior [receiving
services pursuant to article eighty-nine of this chapter] WITH AN  INDI-
VIDUALIZED  EDUCATION PROGRAM, appointed by the administrator designated
by the chancellor to supervise [city-wide] special  education  programs.
Such member shall serve a one year term.
  b.  [Members shall not be paid a salary or stipend, but shall be reim-
bursed for all actual and necessary expenses  directly  related  to  the
duties  and  responsibilities of the city-wide council on special educa-
tion.
  c.] The city-wide council on special education shall  have  the  power
to:
  (1)  advise  and  comment  on  any educational or instructional policy
involving the provision of services [pursuant to article eighty-nine  of
this chapter] FOR STUDENTS WITH DISABILITIES;
  (2)  advise  and  comment  on  the  process of establishing committees
and/or subcommittees on special education in community school  districts
pursuant to section forty-four hundred two of this chapter;
  (3)  issue  an annual report on the effectiveness of the city district
in providing services [pursuant to article eighty-nine of this  chapter]
TO  STUDENTS  WITH DISABILITIES and making recommendations, as appropri-
ate, on how to improve the efficiency and delivery of such services; and
  (4) hold at least one meeting per month open to the public and  during
which the public may discuss issues facing students with disabilities.
  [d.  The  city-wide  council on special education may appoint a secre-
tary, pursuant to the policies of the city board who shall  perform  the
following  functions:  (1) prepare meeting notices, agendas and minutes;
(2) record and maintain accounts  of  proceedings  and  other  city-wide
council  on special education meetings; and (3) prepare briefing materi-
als and other related informational materials for such  meetings.    The
city-wide  council  on  special  education  shall be responsible for the
appointment, supervision, evaluation and discharge of the secretary.
  e. No person may serve on both the city-wide council on special educa-
tion and a community district education council. A member of  the  city-
wide  council on special education shall be ineligible to be employed by
such council, any community district  education  council,  or  the  city
board. No person shall be eligible for membership on the city-wide coun-
cil  on  special education if he or she holds any elective public office
or any elective or appointed party position except that of  delegate  or
alternate delegate to a national, state, judicial or other party conven-
tion, or member of a county committee.
  A  person who has been convicted of a felony, or has been removed from
the city-wide council on special education, a community school board, or
community district education council for any of the following  shall  be
permanently  ineligible  for  appointment  to  the  city-wide council on
special education: (1) an act of malfeasance directly related to his  or
her  service  on  such city-wide council on special education, community
school board or community district education council; or (2)  conviction
of a crime, if such crime is directly related to his or her service upon
such  city-wide  council on special education, community school board or
community district education council.
  f. (1) In addition to the conditions enumerated in the public officers
law creating a vacancy, a member of the  city-wide  council  on  special
education who refuses or neglects to attend three meetings of such coun-
cil  of which he or she is duly notified, without rendering in writing a

S. 6052--B                          6

good and valid excuse therefore vacates his or her office by refusal  to
serve.  Each  absence  and any written excuse rendered shall be included
within the official written minutes of such  meeting.  After  the  third
unexcused  absence  the  city-wide  council  on  special education shall
declare a vacancy to the chancellor.
  (2)] C. Vacancies shall be filled for an unexpired term by  the  city-
wide  council  on  special education, pursuant to a process developed by
the chancellor that shall include consultation with parents of  students
[who  receive  services pursuant to article eighty-nine of this chapter]
WITH INDIVIDUALIZED EDUCATIONAL PROGRAMS; PROVIDED HOWEVER, THAT WHERE A
VACANCY OCCURS IN A POSITION  APPOINTED  BY  THE  PUBLIC  ADVOCATE,  THE
PUBLIC  ADVOCATE  SHALL  APPOINT  A MEMBER TO SERVE THE REMAINDER OF THE
UNEXPIRED TERM.
  5. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS
CREATED PURSUANT TO THIS  SECTION.  THE  CITY-WIDE  COUNCIL  ON  ENGLISH
LANGUAGE  LEARNERS  SHALL  CONSIST  OF  ELEVEN  VOTING  MEMBERS  AND ONE
NON-VOTING MEMBER, AS FOLLOWS:
  (I) NINE VOTING MEMBERS WHO SHALL BE PARENTS OF STUDENTS WHO ARE IN  A
BILINGUAL  OR ENGLISH AS A SECOND LANGUAGE PROGRAM CONDUCTED PURSUANT TO
SECTION THIRTY-TWO HUNDRED FOUR OF  THIS  CHAPTER,  TO  BE  SELECTED  BY
PARENTS  OF  STUDENTS  WHO RECEIVE SUCH SERVICES PURSUANT TO A REPRESEN-
TATIVE PROCESS DEVELOPED BY THE CHANCELLOR. SUCH MEMBERS SHALL  SERVE  A
TWO YEAR TERM;
  (II)  TWO  VOTING MEMBERS APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY
OF NEW YORK, WHO SHALL BE  INDIVIDUALS  WITH  EXTENSIVE  EXPERIENCE  AND
KNOWLEDGE  IN THE EDUCATION OF ENGLISH LANGUAGE LEARNERS AND WILL MAKE A
SIGNIFICANT CONTRIBUTION TO IMPROVING BILINGUAL AND ENGLISH AS A  SECOND
LANGUAGE  PROGRAMS  IN THE CITY DISTRICT. SUCH MEMBERS SHALL SERVE A TWO
YEAR TERM; AND
  (III) ONE NON-VOTING MEMBER WHO IS A HIGH SCHOOL SENIOR WHO IS OR  HAS
BEEN  IN  A BILINGUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAM, APPOINTED
BY THE ADMINISTRATOR DESIGNATED BY  THE  CHANCELLOR  TO  SUPERVISE  SUCH
PROGRAMS. SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  (B)  THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS SHALL HAVE THE
POWER TO:
  (I) ADVISE AND COMMENT ON  ANY  EDUCATIONAL  OR  INSTRUCTIONAL  POLICY
INVOLVING BILINGUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAMS;
  (II)  ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY DISTRICT
IN PROVIDING SERVICES TO ENGLISH LANGUAGE LEARNERS AND MAKING  RECOMMEN-
DATIONS,  AS  APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY
OF SUCH SERVICES; AND
  (III) HOLD AT LEAST ONE MEETING PER  MONTH  OPEN  TO  THE  PUBLIC  AND
DURING WHICH THE PUBLIC MAY DISCUSS ISSUES FACING ENGLISH LANGUAGE LEAR-
NERS.
  (C)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON ENGLISH LANGUAGE LEARNERS, PURSUANT TO A PROCESS DEVELOPED BY
THE CHANCELLOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF  STUDENTS
WHO  RECEIVE  SERVICES  FOR ENGLISH LANGUAGE LEARNERS; PROVIDED HOWEVER,
THAT WHERE A VACANCY OCCURS IN A POSITION APPOINTED BY THE PUBLIC  ADVO-
CATE,  THE PUBLIC ADVOCATE SHALL APPOINT A MEMBER TO SERVE THE REMAINDER
OF THE UNEXPIRED TERM.
  6. (A) THERE SHALL BE A CITY-WIDE  COUNCIL  ON  HIGH  SCHOOLS  CREATED
PURSUANT  TO  THIS  SECTION. THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL
CONSIST OF  THIRTEEN  VOTING  MEMBERS  AND  ONE  NON-VOTING  MEMBER,  AS
FOLLOWS:

S. 6052--B                          7

  (I)  TEN  VOTING  MEMBERS  WHO  SHALL BE PARENTS OF STUDENTS ATTENDING
PUBLIC HIGH SCHOOLS. TWO MEMBERS  REPRESENTING  EACH  BOROUGH  SHALL  BE
SELECTED  BY  PRESIDENTS  AND  OFFICERS  OF THE PARENTS' ASSOCIATIONS OR
PARENT-TEACHERS' ASSOCIATIONS IN THE RELEVANT  BOROUGH,  PURSUANT  TO  A
PROCESS  ESTABLISHED  BY  THE CHANCELLOR. SUCH MEMBERS SHALL SERVE A TWO
YEAR TERM;
  (II) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A HIGH SCHOOL  STUDENT
WITH AN INDIVIDUALIZED EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED
BY  THE  CITY-WIDE  COUNCIL  ON SPECIAL EDUCATION, AND SHALL SERVE A TWO
YEAR TERM;
  (III) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT IN A BILIN-
GUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAM CONDUCTED IN A PUBLIC  HIGH
SCHOOL.    SUCH  MEMBER  SHALL  BE APPOINTED BY THE CITY-WIDE COUNCIL ON
ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;
  (IV) ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
NEW YORK, WHO SHALL BE A RESIDENT OF THE CITY AND SHALL  HAVE  EXTENSIVE
BUSINESS,  TRADE,  OR EDUCATION EXPERIENCE AND KNOWLEDGE WHO WILL MAKE A
SIGNIFICANT CONTRIBUTION TO IMPROVING EDUCATION IN  THE  CITY  DISTRICT.
SUCH MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AND
  (V)  ONE  NON-VOTING  MEMBER  WHO  IS  A  PUBLIC  HIGH  SCHOOL SENIOR,
APPOINTED BY THE CHANCELLOR PURSUANT TO A PROCESS DEVELOPED BY THE CHAN-
CELLOR.  SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO
ARE CANDIDATES IN THE SELECTION PROCESS ESTABLISHED  BY  THE  CHANCELLOR
PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH
SELECTION  PROCESS.  THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE IN THE
PLACE OF EACH SUCH OFFICER FOR PURPOSES OF THE SELECTION PROCESS.
  (B) THE CITY-WIDE COUNCIL ON HIGH SCHOOLS SHALL HAVE THE POWER TO:
  (I) ADVISE AND COMMENT ON  ANY  EDUCATIONAL  OR  INSTRUCTIONAL  POLICY
INVOLVING HIGH SCHOOLS;
  (II)  ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY DISTRICT
IN PROVIDING SERVICES TO HIGH SCHOOL  STUDENTS  AND  MAKING  RECOMMENDA-
TIONS,  AS APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY OF
SUCH SERVICES; AND
  (III) HOLD AT LEAST ONE MEETING PER  MONTH  OPEN  TO  THE  PUBLIC  AND
DURING WHICH THE PUBLIC MAY DISCUSS ISSUES FACING HIGH SCHOOLS.
  (C)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS, PURSUANT TO A PROCESS DEVELOPED BY THE CHANCEL-
LOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF  STUDENTS  ATTENDING
PUBLIC  HIGH SCHOOL; PROVIDED, HOWEVER, THAT WHERE A VACANCY OCCURS IN A
POSITION APPOINTED BY THE PUBLIC ADVOCATE,  THE  PUBLIC  ADVOCATE  SHALL
APPOINT A MEMBER TO SERVE THE REMAINDER OF THE UNEXPIRED TERM.
  7. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON THE ARTS CREATED PURSUANT
TO  THIS  SECTION.  THE  CITY-WIDE  COUNCIL ON THE ARTS SHALL CONSIST OF
THIRTEEN VOTING MEMBERS AND ONE NON-VOTING MEMBER, AS FOLLOWS:
  (I) TEN VOTING MEMBERS WHO SHALL  BE  PARENTS  OF  STUDENTS  ATTENDING
PUBLIC  SCHOOLS. TWO MEMBERS REPRESENTING EACH BOROUGH SHALL BE SELECTED
BY PRESIDENTS AND OFFICERS OF THE PARENT-TEACHERS' ASSOCIATIONS  IN  THE
RELEVANT  BOROUGH,  PURSUANT TO A PROCESS ESTABLISHED BY THE CHANCELLOR.
SUCH MEMBERS SHALL SERVE A TWO YEAR TERM;
  (II) ONE VOTING MEMBER WHO SHALL BE A PARENT  OF  A  STUDENT  WITH  AN
INDIVIDUALIZED  EDUCATION PROGRAM. SUCH MEMBER SHALL BE APPOINTED BY THE
CITY-WIDE COUNCIL ON SPECIAL EDUCATION, AND SHALL SERVE A TWO YEAR TERM;
  (III) ONE VOTING MEMBER WHO SHALL BE A PARENT OF A STUDENT IN A BILIN-
GUAL OR ENGLISH AS A SECOND  LANGUAGE  PROGRAM  CONDUCTED  IN  A  PUBLIC

S. 6052--B                          8

SCHOOL.  SUCH  MEMBER  SHALL  BE  APPOINTED  BY THE CITY-WIDE COUNCIL ON
ENGLISH LANGUAGE LEARNERS, AND SHALL SERVE A TWO YEAR TERM;
  (IV) ONE VOTING MEMBER APPOINTED BY THE PUBLIC ADVOCATE OF THE CITY OF
NEW  YORK,  WHO SHALL BE A RESIDENT OF THE CITY AND SHALL HAVE EXTENSIVE
BUSINESS, TRADE, OR EDUCATION EXPERIENCE AND KNOWLEDGE WHO WILL  MAKE  A
SIGNIFICANT  CONTRIBUTION  TO  IMPROVING EDUCATION IN THE CITY DISTRICT.
SUCH MEMBER SHALL SERVE FOR A TERM OF TWO YEARS; AND
  (V) ONE  NON-VOTING  MEMBER  WHO  IS  A  PUBLIC  HIGH  SCHOOL  SENIOR,
APPOINTED BY THE CHANCELLOR PURSUANT TO A PROCESS DEVELOPED BY THE CHAN-
CELLOR.  SUCH MEMBER SHALL SERVE A ONE YEAR TERM.
  OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS WHO
ARE  CANDIDATES  IN  THE SELECTION PROCESS ESTABLISHED BY THE CHANCELLOR
PURSUANT TO THIS SUBDIVISION SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH
SELECTION PROCESS. THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE  IN  THE
PLACE OF EACH SUCH OFFICER FOR PURPOSES OF THE SELECTION PROCESS.
  (B) THE CITY-WIDE COUNCIL ON THE ARTS SHALL HAVE THE POWER TO:
  (I)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
INVOLVING THE ARTS;
  (II) ISSUE AN ANNUAL  REPORT  ON  COMPLIANCE  WITH  STATE  REGULATIONS
GOVERNING  ARTS  EDUCATION,  THE  EFFECTIVENESS  OF THE CITY DISTRICT IN
PROVIDING ARTS INSTRUCTION AND PROGRAMMING TO  PUBLIC  SCHOOL  STUDENTS,
AND  MAKING  RECOMMENDATIONS,  AS  APPROPRIATE,  ON  HOW  TO IMPROVE THE
ADEQUACY, EFFICIENCY AND DELIVERY OF SUCH SERVICES; AND
  (III) HOLD AT LEAST ONE MEETING PER  MONTH  OPEN  TO  THE  PUBLIC  AND
DURING  WHICH THE PUBLIC MAY DISCUSS ISSUES FACING THE DESIGN, IMPLEMEN-
TATION AND EFFECTIVENESS ON  ARTS  CURRICULUM  AND  PROGRAMMING  IN  THE
SCHOOLS.
  (C)  VACANCIES  SHALL BE FILLED FOR AN UNEXPIRED TERM BY THE CITY-WIDE
COUNCIL ON HIGH SCHOOLS, PURSUANT TO A PROCESS DEVELOPED BY THE CHANCEL-
LOR THAT SHALL INCLUDE CONSULTATION WITH PARENTS OF  STUDENTS  ATTENDING
PUBLIC  HIGH SCHOOL; PROVIDED, HOWEVER, THAT WHERE A VACANCY OCCURS IN A
POSITION APPOINTED BY THE PUBLIC ADVOCATE,  THE  PUBLIC  ADVOCATE  SHALL
APPOINT A MEMBER TO SERVE THE REMAINDER OF THE UNEXPIRED TERM.
  8.  (A) MEMBERS OF THE CITY-WIDE COUNCILS ESTABLISHED PURSUANT TO THIS
SECTION SHALL NOT BE PAID A SALARY OR STIPEND, BUT SHALL  BE  REIMBURSED
FOR ALL ACTUAL AND NECESSARY EXPENSES DIRECTLY RELATED TO THE DUTIES AND
RESPONSIBILITIES OF THE CITY-WIDE COUNCIL ON WHICH THEY SERVE.
  (B)  EACH  SUCH CITY-WIDE COUNCIL MAY APPOINT A SECRETARY, PURSUANT TO
THE POLICIES OF THE CITY BOARD, WHO SHALL PERFORM  THE  FOLLOWING  FUNC-
TIONS:
  (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (II) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS AND MEETINGS; AND
  (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS.
  EACH  CITY-WIDE  COUNCIL  SHALL  BE  RESPONSIBLE  FOR THE APPOINTMENT,
SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (C) NO PERSON MAY SERVE AT THE SAME TIME ON MORE  THAN  ONE  CITY-WIDE
COUNCIL  ESTABLISHED  PURSUANT TO THIS SECTION, NOR MAY ANY PERSON SERVE
AT THE SAME TIME ON SUCH A CITY-WIDE COUNCIL AND ANY COMMUNITY  DISTRICT
EDUCATION COUNCIL.
  (D)  A  MEMBER  OF  A  CITY-WIDE  COUNCIL ESTABLISHED PURSUANT TO THIS
SECTION SHALL BE INELIGIBLE TO BE EMPLOYED  BY  ANY  SUCH  COUNCIL,  ANY
COMMUNITY DISTRICT EDUCATION COUNCIL, OR THE CITY BOARD.
  (E)  NO PERSON SHALL BE ELIGIBLE FOR MEMBERSHIP ON A CITY-WIDE COUNCIL
ESTABLISHED PURSUANT TO THIS SECTION IF HE OR  SHE  HOLDS  ANY  ELECTIVE
PUBLIC OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF

S. 6052--B                          9

DELEGATE  OR  ALTERNATE DELEGATE TO A NATIONAL, STATE, JUDICIAL OR OTHER
PARTY CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.
  (F)  A  PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR HAS BEEN REMOVED
FROM A CITY-WIDE COUNCIL ESTABLISHED PURSUANT TO THIS SECTION OR  COMMU-
NITY DISTRICT EDUCATION COUNCIL FOR ANY OF THE FOLLOWING SHALL BE PERMA-
NENTLY INELIGIBLE FOR APPOINTMENT TO A CITY-WIDE COUNCIL:
  (I)  AN  ACT  OF MALFEASANCE DIRECTLY RELATED TO HIS OR HER SERVICE ON
SUCH CITY-WIDE COUNCIL OR COMMUNITY DISTRICT EDUCATION COUNCIL; OR
  (II) CONVICTION OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED  TO  HIS
OR  HER SERVICE UPON SUCH CITY-WIDE COUNCIL OR COMMUNITY DISTRICT EDUCA-
TION COUNCIL.
  (G) IN ADDITION TO THE CONDITIONS ENUMERATED IN  THE  PUBLIC  OFFICERS
LAW  CREATING  A  VACANCY,  A  MEMBER OF A CITY-WIDE COUNCIL ESTABLISHED
PURSUANT TO THIS SECTION WHO REFUSES OR NEGLECTS TO ATTEND  THREE  MEET-
INGS  OF  SUCH  CITY-WIDE  COUNCIL  OF WHICH HE OR SHE IS DULY NOTIFIED,
WITHOUT RENDERING IN WRITING A GOOD AND VALID  EXCUSE  THEREFOR  VACATES
HIS  OR  HER  OFFICE  BY  REFUSAL TO SERVE. EACH ABSENCE AND ANY WRITTEN
EXCUSE RENDERED SHALL BE INCLUDED WITHIN THE OFFICIAL WRITTEN MINUTES OF
SUCH MEETING. AFTER THE THIRD UNEXCUSED ABSENCE SUCH  CITY-WIDE  COUNCIL
SHALL DECLARE A VACANCY TO THE CHANCELLOR.
  S  2.  Section 2590-c of the education law, as added by chapter 123 of
the laws of 2003, is amended to read as follows:
  S 2590-c. Composition of community  district  education  councils.  1.
Each community district shall be governed by a community district educa-
tion  council.  The  community  councils  shall consist of eleven voting
members and one non-voting member, as follows:
  (a) Nine voting members shall be parents whose children are  attending
a  school  under  the  jurisdiction  of  the community district, OR HAVE
ATTENDED A SCHOOL UNDER THE JURISDICTION OF THE COMMUNITY DISTRICT WITH-
IN THE PRECEDING TWO YEARS, and shall be selected by the [presidents and
officers] MEMBERS of the parents' association or parent-teachers'  asso-
ciation.  Such  members shall serve for a term of two years.  PRESIDENTS
AND OFFICERS OF PARENTS' ASSOCIATIONS OR  PARENT-TEACHERS'  ASSOCIATIONS
WHO  ARE  CANDIDATES  IN  THE SELECTION PROCESS PURSUANT TO THIS SECTION
SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH SELECTION PROCESS. THE ASSO-
CIATION SHALL ELECT A MEMBER TO VOTE IN THE PLACE OF EACH SUCH PRESIDENT
OR OFFICER FOR THE PURPOSES OF THE SELECTION PROCESS.
  (b) Two voting members shall be appointed by  the  borough  presidents
corresponding  to  such district. Such appointees shall be residents of,
or own or operate a business in, the district and shall  be  individuals
with  extensive  business, trade, or education experience and knowledge,
who will make a significant contribution to improving education  in  the
district.  Such members shall serve for a term of two years and may only
be reappointed for one additional two year term.
  (c) One non-voting member who is a high school senior residing in  the
district, appointed by the superintendent from among the elected student
leadership. Such member shall serve for a one year term.
  Members shall not be paid a salary or stipend, but shall be reimbursed
for all actual and necessary expenses directly related to the duties and
responsibilities of the community council.
  2. For the initial community council, such members must be selected on
or  before October thirty-first, two thousand three, with terms commenc-
ing on December first, two thousand three. Thereafter, commencing in May
of two thousand five, the selection of community council  members  shall
occur on the second Tuesday in May, with terms commencing on the follow-
ing July first.

S. 6052--B                         10

  3.  Each  such council shall select one of its voting members to serve
as chair.
  4. Notwithstanding any provisions of law to the contrary, the communi-
ty  district  education council may appoint a secretary, pursuant to the
policies of the city board, who shall perform the  following  functions:
(a)  prepare  meeting notices, agendas and minutes; (b) record and main-
tain accounts of proceedings and other council meetings; and (c) prepare
briefing materials and other related informational  materials  for  such
meetings.  Each council shall be responsible for the appointment, super-
vision, evaluation and discharge of the secretary.
  5. No person may serve on more than one community council or on [both]
the city-wide council on special education,  THE  CITY-WIDE  COUNCIL  ON
ENGLISH  LANGUAGE LEARNERS, OR THE CITY-WIDE COUNCIL ON HIGH SCHOOLS and
a community council. A member of a community council shall be ineligible
to be employed by the community council of which he or she is a  member,
any other community council, the city-wide council on special education,
THE  CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS, THE CITY-WIDE COUN-
CIL ON HIGH SCHOOLS, or the city board.  No person shall be eligible for
membership on a community council if he or she holds any elective public
office or any elective or appointed party position except that of  dele-
gate or alternate delegate to a national, state, judicial or other party
convention, or member of a county committee.
  A  person who has been convicted of a felony, or has been removed from
a community school board, community district education council,  or  the
city-wide council on special education, THE CITY-WIDE COUNCIL ON ENGLISH
LANGUAGE  LEARNERS,  OR THE CITY-WIDE COUNCIL ON HIGH SCHOOLS for any of
the following shall be permanently ineligible  for  appointment  to  any
community district education council: (a) an act of malfeasance directly
related to his or her service on [such] THE city-wide council on special
education,  THE  CITY-WIDE  COUNCIL  ON  ENGLISH  LANGUAGE LEARNERS, THE
CITY-WIDE COUNCIL ON HIGH SCHOOLS, community school board  or  community
district  education council; or (b) conviction of a crime, if such crime
is directly related to his or her  service  upon  [such]  THE  city-wide
council  on special education, THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE
LEARNERS, THE CITY-WIDE COUNCIL ON HIGH SCHOOLS, community school  board
or community district education council.
  Any decision rendered by the chancellor or the city board with respect
to  the  eligibility  or  qualifications  of  the nominees for community
district education councils must  be  written  and  made  available  for
public inspection within seven days of its issuance at the office of the
chancellor  and  the city board. Such written decision shall include the
factual and legal basis for its issuance and a record  of  the  vote  of
each board member who participated in the decision, if applicable.
  6. (a) In addition to the conditions enumerated in the public officers
law creating a vacancy, a member of a community district education coun-
cil  who refuses or neglects to attend three meetings of such council of
which he or she is duly notified, without rendering in  writing  a  good
and  valid  excuse  therefore  vacates  his  or her office by refusal to
serve. Each absence and any written excuse rendered  shall  be  included
within  the  official  written  minutes of such meeting. After the third
unexcused absence the community council shall declare a vacancy  to  the
chancellor.
  (b)  (1)  Vacancies  IN POSITIONS THAT WERE NOT APPOINTED BY A BOROUGH
PRESIDENT shall be  filled  for  an  unexpired  term  by  the  community
district education council after consultation with the presidents' coun-
cil  or  other  consultative body representing parents' associations and

S. 6052--B                         11

other educational groups within the district.  Recommendations  made  by
such  parents and other educational groups shall be submitted in writing
and included within the record of the meeting at which  the  vacancy  is
filled.
  (2)  IF  SUCH  VACANCY  RESULTS IN THE COUNCIL NOT HAVING AT LEAST ONE
MEMBER WHO IS A PARENT OF A STUDENT WHO IS AN ENGLISH LANGUAGE  LEARNER,
OR RESULTS IN THE COUNCIL NOT HAVING AT LEAST ONE MEMBER WHO IS A PARENT
OF  A  STUDENT  WITH  AN INDIVIDUALIZED EDUCATION PROGRAM, THE COMMUNITY
COUNCIL SHALL SELECT A PARENT HAVING SUCH  QUALIFICATIONS  TO  FILL  THE
VACANCY.
  (c) If the vacancy is not filled by the community council within sixty
days  after  it  is declared due to a tie vote for such appointment, the
chancellor shall vote with the community  council,  to  break  such  tie
vote.  If  the  community  council has failed to fill the vacancy within
sixty days after it is declared because of any other reason,  the  chan-
cellor  shall  order  the community council to do so pursuant to section
twenty-five hundred ninety-1 of this article.
  (D) WHERE A VACANCY OCCURS IN A POSITION APPOINTED BY A BOROUGH PRESI-
DENT, THE BOROUGH PRESIDENT SHALL APPOINT A MEMBER TO SERVE THE  REMAIN-
DER OF THE UNEXPIRED TERM.
  7.  (a)  Each  community  council shall prepare and submit to the city
board a performance report every month. The information  provided  shall
include  community council members' attendance records; participation in
community council committees and  other  community  council  activities;
visits  to schools; and voting records on major issues before the commu-
nity council.
  (b) The city  board  shall  review  and  consolidate  the  performance
reports into one comprehensive city district-wide report, which shall be
disseminated to the community and the media semiannually.
  8.  The  chancellor  shall:  (a) develop a process to ensure a uniform
election process for  parent  associations  and  parent-teacher  associ-
ations.  Such  process shall ensure uniformity with respect to timing of
elections and the structure and size of the body.
  (b) develop a process for nomination of candidates for community coun-
cil membership. Such process will outline in detail the procedure  which
must  be  followed  to present a name for consideration, [shall prohibit
officers of any parent association or  parent-teacher  association  from
being  nominated,]  may include qualifications and prohibitions in addi-
tion to those outlined in this section and may allow  for  an  interview
process for nominees.
  (c)  develop  selection procedures for community council members which
shall attempt to ensure membership that reflects a representative cross-
section of the communities within the school district and  diversity  of
the  student  population  including  those  with  particular educational
needs, shall include consideration of the enrollment figures within each
community district and the potential disparity of such  enrollment  from
school  to  school  within  the  district, and shall ensure that, to the
extent possible, a school may have no more  than  one  parent  represen-
tative  on  the community council.  SUCH PROCEDURES SHALL ENSURE THAT AT
LEAST ONE POSITION ON THE COMMUNITY COUNCIL IS FILLED BY A PARENT  OF  A
STUDENT WHO IS AN ENGLISH LANGUAGE LEARNER, AND AT LEAST ONE POSITION IS
FILLED  BY  A  PARENT  OF  A  STUDENT  WITH  AN INDIVIDUALIZED EDUCATION
PROGRAM, AND SHALL ALLOW FOR THE SEVEN REMAINING POSITIONS TO BE  FILLED
BY PARENTS WHO ARE OTHERWISE ELIGIBLE.

S. 6052--B                         12

  (d) promulgate rules and regulations requiring financial disclosure by
the  nominees  and  policies  prohibiting  political endorsements of and
campaign contributions to nominees.
  (e)  beginning in January of each school year and continuing until the
date of selection, ensure the distribution of guides to parents in addi-
tion to information regarding community council  roles,  functions,  and
activities,  including  upcoming parents' association and parent-teacher
association elections, candidate information,  and  the  nature  of  the
selection process.
  Prior  to  the  adoption  of the processes, procedures, rules or regu-
lations set forth in this subdivision, the chancellor shall ensure  that
there  is an inclusive public process which allows for sufficient public
input from parents and the community including public hearings. All such
processes, procedures, rules or regulations must be final in  sufficient
time  to  assure  for an orderly implementation and notification of such
processes, procedures, rules or regulations to allow for full  community
participation in the nomination and selection processes and procedures.
  S  3. Subdivision 1 of section 2590-d of the education law, as amended
by chapter 123 of the laws of 2003, is amended to read as follows:
  1. The city board and the chancellor shall prescribe such by-laws  and
regulations as may be necessary to make effectual the provisions of this
chapter  and for the conduct of the proceedings of said board CONSISTENT
WITH THE REQUIREMENTS OF THIS ARTICLE.  THE  CITY  BOARD  BY-LAWS  SHALL
INCLUDE A PROCESS BY WHICH ANY MEMBER OF THE CITY BOARD MAY REQUEST THAT
ITEMS  BE PLACED ON THE CITY BOARD'S AGENDA. SUCH REQUEST MAY BE MADE AT
A CITY BOARD REGULAR PUBLIC MEETING OR PRIOR TO  SUCH  MEETING.    IF  A
MEMBER  OF  THE CITY BOARD REQUESTS THAT AN ITEM BE PLACED ON THE AGENDA
AT A REGULAR PUBLIC MEETING OF THE  CITY  BOARD,  THEN  THE  CHAIRPERSON
SHALL  RESPOND  TO  THE REQUEST AT SUCH MEETING. IF A MEMBER OF THE CITY
BOARD REQUESTS THAT AN ITEM BE PLACED ON THE AGENDA AT ANY TIME PRIOR TO
A REGULAR PUBLIC MEETING OF THE CITY BOARD, THEN THE  CHAIRPERSON  SHALL
RESPOND  TO  THE  REQUEST  AT  ANY  TIME PRIOR TO THE SUBSEQUENT REGULAR
PUBLIC MEETING.  Said by-laws and regulations  shall  be  published  and
indexed  and revised at least annually. Copies of such by-laws and regu-
lations shall be made available  for  public  inspection  VIA  THE  CITY
BOARD'S  OFFICIAL  INTERNET  WEB SITE, at the offices of the city board,
each community council, the office of the commissioner of education, and
the legislative library in Albany, and at such other places as the  city
board may deem proper.
  S  4. Section 2590-e of the education law is amended by adding two new
subdivisions 20 and 21 to read as follows:
  20. CONSULT ON THE SELECTION OF A COMMUNITY SUPERINTENDENT PURSUANT TO
SUBDIVISION THIRTY OF SECTION TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTI-
CLE.
  21. HOLD A JOINT PUBLIC HEARING WITH THE CHANCELLOR OR DEPUTY CHANCEL-
LOR, OR IN THE CASE OF A PROPOSED SIGNIFICANT CHANGE IN SCHOOL  UTILIZA-
TION  THE  CHANCELLOR  OR  HIS  OR HER DESIGNEE, AND THE IMPACTED SCHOOL
BASED MANAGEMENT TEAM REGARDING ANY PROPOSED SCHOOL CLOSING  OR  SIGNIF-
ICANT  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.
  S 5. Section 2590-f of the education law, as added by chapter  720  of
the  laws  of 1996, paragraphs (s) and (t) of subdivision 1 and subdivi-
sions 2 and 3 as amended and paragraph (u) of subdivision 1 as added  by
chapter 123 of the laws of 2003, is amended to read as follows:

S. 6052--B                         13

  S  2590-f.  Community  superintendents.  1.  Subject  in every case to
powers devolved to principals and schools consistent with this  article,
the  COMMUNITY superintendent shall have the following powers and duties
AS SUPERINTENDENT OF SCHOOLS FOR THE COMMUNITY DISTRICT, WHICH SHALL  BE
EXERCISED  IN A MANNER TO ENSURE THE IMPLEMENTATION OF ALL PROVISIONS OF
LAW, RULES AND REGULATIONS RELATING TO THE MANAGEMENT OF THE SCHOOLS AND
THE DELIVERY OF INSTRUCTIONAL SERVICES:
  (a) to assist district schools in obtaining waivers from state, feder-
al and city board  regulations  where  appropriate  to  promote  student
achievement and school performance.
  (b)  to  delegate any of her or his powers and duties to such subordi-
nate officers or employees of her or his community district as she or he
deems appropriate, AT HIS OR HER  SOLE  DISCRETION,  and  to  modify  or
rescind any power and duty so delegated.
  (c)  except  for  the appointment of supervisors pursuant to paragraph
(d) of this subdivision, to  appoint,  define  the  duties  of,  assign,
promote  and  discharge  all  employees, including teacher-aides, of the
community district, and fix their compensation and terms  of  employment
within  amounts  appropriated  therefor  and  not  inconsistent with the
provisions of this article and any collective bargaining agreement.
  (d) to appoint supervisory personnel from  candidates  screened  by  a
SCREENING  committee  [including  parents,  teachers, and school support
personnel,  who  shall  be  selected  and  shall  operate  in  a  manner
prescribed  by  chancellor's regulations] CONSISTENT WITH REGULATIONS OF
THE CHANCELLOR ESTABLISHING A PROCESS THAT PROMOTES PARENTAL  AND  STAFF
INVOLVEMENT  IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
TION  OF  CANDIDATES  AND  CONSISTENT  WITH  QUALIFICATIONS  ESTABLISHED
THROUGH CHANCELLOR'S REGULATIONS.
  (e)  to appoint or reject the principal AND ASSISTANT PRINCIPAL candi-
dates screened by screening committees, [in accordance  with  procedures
and  criteria prescribed by chancellor's regulations, and subject to the
chancellor's power to reject such appointments pursuant to section twen-
ty-five hundred ninety-h of this article] CONSISTENT WITH REGULATIONS OF
THE CHANCELLOR ESTABLISHING A PROCESS THAT PROMOTES PARENTAL  AND  STAFF
INVOLVEMENT  IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
TION OF CANDIDATES, AND AFTER CONSULTING  WITH  MEMBERS  OF  THE  SCHOOL
BASED  MANAGEMENT TEAM.   CANDIDATES MUST MEET THE REQUIREMENTS OF REGU-
LATIONS OF THE  CHANCELLOR  ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
ADMINISTRATIVE  QUALIFICATIONS, INCLUDING EVALUATION OF EACH CANDIDATE'S
RECORD OF PERFORMANCE IN COMPARABLE POSITIONS AND SHALL  BE  SUBJECT  TO
THE  CHANCELLOR'S  POWER TO REJECT SUCH APPOINTMENTS PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-H OF THIS ARTICLE.
  (f) to SUPERVISE AND evaluate, at least annually, the  performance  of
principals  for every school in the district with respect to educational
effectiveness and school performance, including effectiveness of promot-
ing student achievement and parental involvement, DEVELOPING  AN  EFFEC-
TIVE  SHARED  DECISION-MAKING RELATIONSHIP WITH THE SCHOOL BASED MANAGE-
MENT  TEAM,   and   maintaining   school   discipline;   THE   COMMUNITY
SUPERINTENDENT  SHALL  HAVE  ACCESS TO ALL SCHOOL RECORDS THAT HE OR SHE
DEEMS NECESSARY AND SHALL CONSIDER COMMENTS CONTAINED WITHIN AN  ASSESS-
MENT  MADE BY THE SCHOOL BASED MANAGEMENT TEAM, PURSUANT TO SUBPARAGRAPH
(VII) OF PARAGRAPH (B-1) OF SUBDIVISION FIFTEEN OF  SECTION  TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE, WHEN CARRYING OUT SUCH EVALUATIONS.
  (g)  the  authority  to  transfer  or remove principals for persistent
educational failure, conflicts of interest, and ethics  violations,  and
to  require  principals  to  participate  in training and other remedial

S. 6052--B                         14

programs to address identified factors affecting student achievement and
school performance, consistent with sections twenty-five  hundred  nine-
ty-h,  twenty-five  hundred ninety-i and twenty-five hundred ninety-l of
this article.
  (h) to review, modify and approve school-based budgets proposed by the
school,  pursuant  to  section  twenty-five  hundred  ninety-r  of  this
article, PROVIDED HOWEVER, THAT THE COMMUNITY SUPERINTENDENT SHALL  ONLY
APPROVE  A  SCHOOL-BASED  BUDGET  PROPOSAL  AFTER  CERTIFYING THAT IT IS
SUFFICIENTLY  ALIGNED  WITH  ITS  CORRESPONDING  SCHOOL'S  COMPREHENSIVE
EDUCATIONAL  PLAN. THE COMMUNITY SUPERINTENDENT SHALL PRESCRIBE THE FORM
AND MANNER IN WHICH PRINCIPALS  MUST  SUBMIT  WRITTEN  JUSTIFICATION  TO
DEMONSTRATE  THAT  THE  PROPOSED SCHOOL-BASED BUDGET IS ALIGNED WITH THE
SCHOOL'S COMPREHENSIVE  EDUCATIONAL  PLAN,  AND  SHALL  ALSO  INCLUDE  A
PROVISION  ALLOWING  FOR  THE SCHOOL BASED MANAGEMENT TEAM TO RESPOND TO
SUCH JUSTIFICATION. THE  COMMUNITY  SUPERINTENDENT  SHALL  CONSIDER  THE
PRINCIPAL'S  WRITTEN  JUSTIFICATION, ALONG WITH ANY RESPONSE PROVIDED BY
THE SCHOOL BASED MANAGEMENT TEAM, PRIOR TO MAKING SUCH CERTIFICATION.
  (H-1) TO ESTABLISH A PROCESS THAT ALLOWS FOR SCHOOL  BASED  MANAGEMENT
TEAM  MEMBERS, OTHER THAN THE PRINCIPAL, TO DISPUTE ANY DECISION MADE BY
THE PRINCIPAL WHERE SUCH TEAM MEMBERS REACH A CONSENSUS THAT  THE  DECI-
SION  IS  INCONSISTENT  WITH  THE  GOALS AND POLICIES SET FORTH IN THEIR
SCHOOL'S EXISTING COMPREHENSIVE EDUCATIONAL PLAN. THE  COMMUNITY  SUPER-
INTENDENT  SHALL  PROVIDE A WRITTEN RESPONSE TO THE SCHOOL BASED MANAGE-
MENT TEAM AND THE PRINCIPAL THAT INCLUDES THE INFORMATION  REVIEWED  AND
THE  BASIS  FOR  THE  COMMUNITY SUPERINTENDENT'S DECISION REGARDING SUCH
DISPUTE.
  (i) to retain one or more district  fiscal  officers  to  monitor  and
report on schools' expenditures pursuant to the school-based budgets.
  (j)  within  the  amounts appropriated therefor to administer district
minor repair and purchasing funds, and make them  available  to  schools
consistent  with  sections  twenty-five  hundred  ninety-i,  twenty-five
hundred  ninety-r,  and  subdivisions  thirty-six  and  thirty-seven  of
section  twenty-five  hundred ninety-h of this article, for services and
supplies provided by the chancellor, the  COMMUNITY  superintendent,  or
purchased by the schools, and to provide for minor repairs to all school
buildings  and  other buildings and sites under the district's jurisdic-
tion.
  (k) subject to subdivision three of section twenty-five hundred  nine-
ty-e  of this article and this section, to approve or disapprove matters
relating to the instruction of students, including the power  to  disap-
prove  school  choices  with respect to selection of textbooks and other
instructional materials.
  (l) (1) TO PROVIDE ASSISTANCE AND DIRECT SUPPORT TO PARENTS IN ACCESS-
ING INFORMATION, ADDRESSING CONCERNS AND RESPONDING TO COMPLAINTS RELAT-
ING TO THEIR CHILD'S EDUCATION THAT CANNOT BE  RESOLVED  AT  THE  SCHOOL
LEVEL.
  (2)  to operate administrative offices and similar facilities, includ-
ing social centers, and recreational and extracurricular programs, under
the district's jurisdiction, and the duty to support  the  operation  of
school  facilities.    THE  COMMUNITY  SUPERINTENDENT  SHALL ESTABLISH A
CENTRAL OFFICE WITHIN THE DISTRICT AND  HIRE  AND  SUPERVISE  SUFFICIENT
STAFF   TO  DIRECTLY  INTERACT  WITH  PARENTS,  RESPOND  TO  INFORMATION
REQUESTS, RECEIVE INPUT AND COMMENTS, ASSIST THE  COMMUNITY  SUPERINTEN-
DENT  IN  RESOLVING COMPLAINTS IN A TIMELY MANNER, AND WORK TO DEVELOP A
COOPERATIVE RELATIONSHIP WITH PARENTS AND THE SCHOOL COMMUNITY.

S. 6052--B                         15

  (m) subject to regulations or resolutions of the city board, to  oper-
ate cafeteria or restaurant services for pupils and teachers and for the
use  by the community for school related functions and activities and to
furnish meals to the elderly, sixty  years  of  age  or  older,  of  the
district. Charges shall be sufficient to meet the direct cost of prepar-
ing and serving such meals, reducible by available reimbursements.
  (n)  to  maintain  discipline  in the educational and other facilities
under the jurisdiction of the district, including the duty to assist the
schools in maintaining discipline.
  (o) 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; provided, however, that in
actions or proceedings between community districts or between a communi-
ty district and the city board, each community district may  be  repres-
ented by its own counsel.
  (p)  in  compliance  with  rules  and regulations of the commissioner,
promulgated pursuant to section one hundred one-a of  this  chapter,  to
give written notice to the family court pursuant to subdivision three of
section  seven  hundred  fifty-eight-a  and subdivision three of section
353.6 of the family court act of the desire  of  any  school  under  the
jurisdiction  of  the  community  district  to act in the supervision of
certain juveniles while performing services for the public good.
  (q) to take all necessary steps to ensure the integrity  of  community
district  operations,  consistent  with STANDARDS, POLICIES, OBJECTIVES,
AND regulations [promulgated by the chancellor and the  city  board]  OF
THE CITY DISTRICT.
  (r)   where   so   authorized  by  the  chancellor,  to  exercise  the
chancellor's powers under subdivision thirty-one of section  twenty-five
hundred ninety-h of this article.
  (s)  to provide written notice and other related information described
in [paragraph (b) of] subdivision [four] FORTY-EIGHT of section  twenty-
five  hundred  [ninety-c]  NINETY-H of this article to every parent of a
child, including a child with a disability, attending a school under the
jurisdiction of his or  her  community  district  education  council  as
directed by the chancellor.
  (t) notwithstanding any provisions of law to the contrary, to exercise
all  of  the  duties  and responsibilities of the employing board as set
forth in section three thousand twenty-a of this chapter pursuant  to  a
delegation  of the chancellor under section twenty-five hundred ninety-h
of this article.
  (u) to provide relevant data to the community district education coun-
cil to encourage informed and  adequate  public  discussion  on  student
achievement and the state of each school within the district.
  (V)  TO  HOLD  AT  LEAST TWO PUBLIC FORUMS WITHIN THE DISTRICT, DURING
EACH SCHOOL YEAR,  FOR  THE  PURPOSE  OF  REPORTING  ON  THE  DISTRICT'S
PERFORMANCE,  INCLUDING  PROGRESS  MADE  TOWARD  ACHIEVING  THE DISTRICT
COMPREHENSIVE EDUCATIONAL PLAN GOALS, DISCUSSING PLANS FOR  IMPROVEMENT,
AND RECEIVING PARENTAL AND COMMUNITY COMMENTS AND CONCERNS; THE COMMUNI-
TY  SUPERINTENDENT  SHALL  ENSURE  THAT  NOTICE FOR THE PUBLIC FORUMS IS
POSTED IN A MANNER TO MAXIMIZE THE PARTICIPATION  OF  PARENTS,  STUDENTS
AND  SCHOOL  PERSONNEL  AND IS SPECIFICALLY CIRCULATED TO MEMBERS OF THE
SCHOOL BASED MANAGEMENT TEAMS, COMMUNITY DISTRICT EDUCATION COUNCIL  AND
THE RELEVANT COMMUNITY BOARDS.
  (W)  TO  PROVIDE  NOTICE OF ANY PROPOSED SCHOOL CLOSING OR SIGNIFICANT
CHANGE IN SCHOOL UTILIZATION, INCLUDING THE PHASE-OUT,  GRADE  RECONFIG-

S. 6052--B                         16

URATION,  RE-SITING,  OR  CO-LOCATION  OF SCHOOLS, FOR ANY PUBLIC SCHOOL
WITHIN THE COMMUNITY DISTRICT TO ALL IMPACTED PARENTS, INCLUDING  INFOR-
MATION  AS  TO  WHERE  A  COPY  OF  THE EDUCATIONAL IMPACT STATEMENT, OR
REVISED  EDUCATIONAL IMPACT STATEMENT IF APPLICABLE, MAY BE OBTAINED AND
THE DATE OF ANY HEARING ON SUCH SCHOOL CLOSURE OR SIGNIFICANT CHANGE  IN
SCHOOL  UTILIZATION PURSUANT TO SUBDIVISION TWO-A OF SECTION TWENTY-FIVE
HUNDRED NINETY-H OF THIS ARTICLE.
  2. In exercising such powers and duties each community  superintendent
shall  comply  with  all applicable provisions of law, by-laws, rules or
regulations, directives or agreements of the chancellor and his  or  her
community  district education council and with the city-wide educational
policies established by the city board and his or her community district
education council, including performance standards addressed to adminis-
tration and educational effectiveness, and any requirements for continu-
ing training and education, embodied in standards,  circulars  or  regu-
lations  promulgated  by  the  chancellor  PROVIDED  HOWEVER,  THAT  THE
CHANCELLOR SHALL ENSURE THAT COMMUNITY SUPERINTENDENTS ARE  ASSIGNED  TO
TASKS  PREDOMINANTLY WITHIN THEIR OWN COMMUNITY DISTRICTS AND THAT IN NO
EVENT SHALL COMMUNITY SUPERINTENDENTS BE ASSIGNED ANY TASK  WHICH  WOULD
IMPAIR THEIR ABILITY TO EXERCISE THE POWERS AND DUTIES ENUMERATED WITHIN
THIS  SECTION,  SUCH  AS  RESPONDING  TO PARENTAL COMMENTS AND CONCERNS,
APPOINTING AND EVALUATING PRINCIPALS,  APPROVING  SCHOOL-BASED  BUDGETS,
OVERSEEING  EDUCATIONAL INSTRUCTION, PROVIDING ACCESS TO INFORMATION AND
ASSISTING WITH RESOLVING COMPLAINTS.
  3. No person who has served as a member of a community district educa-
tion council may be employed by that board or the COMMUNITY  superinten-
dent  of  that  district within a period of three years after the termi-
nation of such service unless such person  qualifies  for  the  position
pursuant  to  a competitive examination and applicable provisions of the
civil service law.
  S 6. Section 2590-g of the education law, as amended by chapter 91  of
the laws of 2002, subdivision 4 as amended by chapter 123 of the laws of
2003, is amended to read as follows:
  S  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 execu-
tive power and perform no executive or administrative functions.   Noth-
ing  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[, and  regulations]
proposed  by  the chancellor directly related to educational achievement
and student performance; [and]
  (b) consider and approve any other  standards,  policies,  AND  objec-
tives[, and regulations] 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  AMEND-
MENTS  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;

S. 6052--B                         17

  (F)  APPROVE  THE  ALLOCATION  OF  PROJECTED  REVENUES AMONG COMMUNITY
DISTRICTS AND THEIR SCHOOLS PURSUANT TO SUBDIVISION A OF  SECTION  TWEN-
TY-FIVE  HUNDRED NINETY-R OF THIS ARTICLE AND TO APPROVE THE AGGREGATION
OF THE COMMUNITY DISTRICT BUDGETS, WITH A PROPOSED BUDGET  FOR  ADMINIS-
TRATIVE  AND OPERATIONAL EXPENDITURES OF THE CITY BOARD AND THE CHANCEL-
LOR, 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 AMEND-
MENTS  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 ARTI-
CLE.
  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 author-
ity to appoint staff pursuant to subdivision forty-one of section  twen-
ty-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. [Approve contracts that would significantly impact the provision of
educational  services  or  programming within the district.] (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 COMPET-
ITIVE SEALED BIDDING PURSUANT TO SUBDIVISION THIRTY-SIX OF SECTION TWEN-
TY-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;

S. 6052--B                         18

  (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 program-
ming 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 SUBDIVI-
SION 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;

S. 6052--B                         19

  (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 APPLI-
CABLE;
  (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 IMME-
DIATE  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 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 CHANCEL-
LOR  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

S. 6052--B                         20

THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK OR THE COMPTROLLER
OF THE CITY OF NEW YORK, IN A TIMELY FASHION.
  S 7. Section 2590-h of the education law, as amended by chapter 720 of
the laws of 1996, the opening paragraph, subdivisions 16, 17, 18, 29, 36
and  37  as  amended and subdivisions 16-a, 30, 38-a, 41, 42, 43, 45, 46
and 47 as added by chapter 91 of the laws  of  2002,  paragraph  (a)  of
subdivision  1,  subdivisions 2, 9, 11, 13, 15, 31, 38, 39, 40 and 44 as
amended and paragraph (b-1) of subdivision 15 as added by chapter 123 of
the laws of 2003, subdivision 20 as amended by chapter 100 of  the  laws
of  2003 and paragraph (b) of subdivision 39 and paragraph (c) of subdi-
vision 40 as amended by chapter 285 of the laws of 2007, is  amended  to
read as follows:
  S  2590-h.  Powers and duties of chancellor.  The office of chancellor
of the city district is hereby continued. Such chancellor shall serve at
the pleasure of and be employed by the mayor of the city of New York  by
contract.  The length of such contract shall not exceed by more than two
years the term of office of the mayor  authorizing  such  contract.  The
chancellor  shall  receive  a salary to be fixed by the mayor within the
budgetary allocation therefor.   ANY  CHANCELLOR  APPOINTED  AFTER  JULY
FIRST,  TWO THOUSAND NINE SHALL, AT THE TIME OF APPOINTMENT, POSSESS THE
VALID CERTIFICATION APPLICABLE TO  SCHOOL  SUPERINTENDENTS  PURSUANT  TO
PART  80  OF  THE  NEW  YORK  STATE CODES, RULES AND REGULATIONS AND THE
COMMISSIONER SHALL NOT CONSIDER ANY APPLICATIONS FOR A  WAIVER  OF  SUCH
CERTIFICATE.  He  or she shall exercise all his or her powers and duties
in a manner not inconsistent with the city-wide educational policies  of
the  city  board.    The  chancellor shall have the following powers and
duties as the superintendent of schools and chief executive officer  for
the  city  district,  which  the chancellor shall exercise to promote an
equal educational opportunity for all students in  the  schools  of  the
city  district,  promote fiscal and educational equity, increase student
achievement and school  performance  and  encourage  local  school-based
innovation, including the power and duty to:
  1. Control and operate:
  (a) academic and vocational senior high schools until such time as the
same  may  be  transferred  to the jurisdiction of appropriate community
district education councils pursuant to this article;
  (b) all specialized senior high  schools.  The  special  high  schools
shall include the present schools known as:
  The  Bronx  High  School  of Science, Stuyvesant High School, Brooklyn
Technical High School, Fiorello H. LaGuardia High School  of  Music  and
the Arts in the borough of Manhattan, and such further schools which the
city board may designate from time to time. The special schools shall be
permitted  to maintain a discovery program in accordance with the law in
effect on the date preceding the effective date of this section;  admis-
sions  to  the special schools shall be conducted in accordance with the
law in effect on the date preceding the effective date of this section;
  (c) all special education programs and services conducted pursuant  to
this chapter;
  (d)  subject to the provisions of section twenty-five hundred ninety-i
of this article, devolving powers to the schools, city-wide programs for
city-wide services to a substantial number of persons from more than one
community district, including transportation; food services; payroll and
personnel functions, including  pension  and  retirement  services;  and
enforcement  of  laws  and  regulations  promoting  equal opportunity in
employment, access to public accommodations and facilities, equal oppor-
tunity in education, and preventing and  addressing  unlawful  discrimi-

S. 6052--B                         21

nation;  provided,  however,  that a community district may also operate
within its district programs which provide  similar  services  otherwise
authorized by this article.
  2. Establish, control and operate new schools or programs of the types
specified in subdivision one of this section, or to discontinue any such
schools and programs as he or she may determine; provided, however, that
the chancellor shall consult with the affected community district educa-
tion council before:
  (a)  substantially  expanding  or  reducing such an existing school or
program within a community district;
  (b) initially utilizing a community district school  or  facility  for
such a school or program;
  (c) instituting any new program within a community district.
  2-A.  (A) NOTWITHSTANDING ANY OTHER PROVISION TO THE CONTRARY, PREPARE
AN EDUCATIONAL IMPACT STATEMENT REGARDING ANY PROPOSED SCHOOL CLOSING OR
SIGNIFICANT CHANGE IN SCHOOL UTILIZATION, INCLUDING THE PHASE-OUT, GRADE
RECONFIGURATION, RE-SITING, OR CO-LOCATION OF SCHOOLS,  FOR  ANY  PUBLIC
SCHOOL LOCATED WITHIN THE CITY DISTRICT.
  (B)  SUCH  EDUCATIONAL  IMPACT  STATEMENT  SHALL INCLUDE THE FOLLOWING
INFORMATION REGARDING THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT  CHANGE
IN SCHOOL UTILIZATION:
  (I) THE CURRENT AND PROJECTED PUPIL ENROLLMENT OF THE AFFECTED SCHOOL,
THE PROSPECTIVE NEED FOR SUCH SCHOOL BUILDING, THE RAMIFICATIONS OF SUCH
SCHOOL  CLOSING  OR  SIGNIFICANT  CHANGE  IN SCHOOL UTILIZATION UPON THE
COMMUNITY, INITIAL COSTS AND SAVINGS RESULTING FROM SUCH SCHOOL  CLOSING
OR SIGNIFICANT CHANGE IN SCHOOL UTILIZATION, THE POTENTIAL DISPOSABILITY
OF ANY CLOSED SCHOOL;
  (II)  THE IMPACTS OF THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE
IN SCHOOL  UTILIZATION  TO  ANY  AFFECTED  STUDENTS,  INCLUDING  ENGLISH
LANGUAGE  LEARNING  STUDENTS,  STUDENTS  WITH  INDIVIDUALIZED  EDUCATION
PROGRAMS, AND THE ACHIEVEMENT GAP;
  (III) AN OUTLINE OF ANY PROPOSED OR POTENTIAL USE OF THE SCHOOL BUILD-
ING FOR OTHER EDUCATIONAL PROGRAMS OR ADMINISTRATIVE SERVICES;
  (IV) THE EFFECT OF SUCH SCHOOL CLOSING OR SIGNIFICANT CHANGE IN SCHOOL
UTILIZATION ON PERSONNEL  NEEDS,  THE  COSTS  OF  INSTRUCTION,  ADMINIS-
TRATION, TRANSPORTATION, AND OTHER SUPPORT SERVICES;
  (V)  THE  TYPE,  AGE,  AND PHYSICAL CONDITION OF SUCH SCHOOL BUILDING,
MAINTENANCE, AND ENERGY COSTS, RECENT OR PLANNED  IMPROVEMENTS  TO  SUCH
SCHOOL BUILDING, AND SUCH BUILDING'S SPECIAL FEATURES;
  (VI)  THE  ABILITY OF OTHER SCHOOLS IN THE AFFECTED COMMUNITY DISTRICT
TO ACCOMMODATE PUPILS FOLLOWING THE SCHOOL CLOSURE OR SIGNIFICANT CHANGE
IN SCHOOL UTILIZATION; AND
  (VII) INFORMATION REGARDING SUCH SCHOOL'S ACADEMIC PERFORMANCE INCLUD-
ING WHETHER SUCH SCHOOL HAS BEEN IDENTIFIED AS A SCHOOL UNDER  REGISTRA-
TION  REVIEW  OR  HAS  BEEN  IDENTIFIED  AS  A SCHOOL REQUIRING ACADEMIC
PROGRESS, A SCHOOL IN NEED OF IMPROVEMENT, OR  A  SCHOOL  IN  CORRECTIVE
ACTION OR RESTRUCTURING STATUS.
  (C)  SUCH  EDUCATIONAL  IMPACT STATEMENT SHALL BE MADE PUBLICLY AVAIL-
ABLE, INCLUDING VIA THE CITY BOARD'S OFFICIAL INTERNET  WEBSITE,  AND  A
COPY  SHALL  ALSO  BE  FILED WITH THE CITY BOARD, THE IMPACTED COMMUNITY
COUNCIL, COMMUNITY BOARDS, COMMUNITY SUPERINTENDENT,  AND  SCHOOL  BASED
MANAGEMENT  TEAM  AT  LEAST  SIX  MONTHS  IN ADVANCE OF THE FIRST DAY OF
SCHOOL IN THE SUCCEEDING SCHOOL YEAR.
  (D) NO SOONER THAN THIRTY DAYS, BUT  NO  LATER  THAN  FORTY-FIVE  DAYS
FOLLOWING THE FILING OF THE EDUCATIONAL IMPACT STATEMENT, THE CHANCELLOR
OR DEPUTY CHANCELLOR, OR IN THE CASE OF A PROPOSED SIGNIFICANT CHANGE IN

S. 6052--B                         22

SCHOOL  UTILIZATION  THE CHANCELLOR OR HIS OR HER DESIGNEE, SHALL HOLD A
JOINT PUBLIC HEARING WITH THE  IMPACTED  COMMUNITY  COUNCIL  AND  SCHOOL
BASED  MANAGEMENT  TEAM,  AT  THE SCHOOL THAT IS SUBJECT TO THE PROPOSED
SCHOOL  CLOSING  OR  SIGNIFICANT CHANGE IN SCHOOL UTILIZATION, AND SHALL
ALLOW ALL INTERESTED PARTIES  AN  OPPORTUNITY  TO  PRESENT  COMMENTS  OR
CONCERNS  REGARDING THE PROPOSED SCHOOL CLOSING OR SIGNIFICANT CHANGE IN
SCHOOL UTILIZATION. THE CHANCELLOR SHALL  ENSURE  THAT  NOTICE  OF  SUCH
HEARING  IS WIDELY AND CONSPICUOUSLY POSTED IN SUCH A MANNER TO MAXIMIZE
THE NUMBER  OF  AFFECTED  INDIVIDUALS  THAT  RECEIVE  NOTICE,  INCLUDING
PROVIDING NOTICE TO AFFECTED PARENTS AND STUDENTS, AND SHALL ALSO NOTIFY
MEMBERS  OF  THE  COMMUNITY BOARDS AND THE ELECTED STATE AND LOCAL OFFI-
CIALS WHO REPRESENT THE AFFECTED COMMUNITY DISTRICT.
  (D-1) SO LONG AS THE REVISED PROPOSAL DOES NOT IMPACT ANY SCHOOL OTHER
THAN A SCHOOL THAT WAS IDENTIFIED  IN  THE  INITIAL  EDUCATIONAL  IMPACT
STATEMENT,  THE  CHANCELLOR,  AFTER RECEIVING PUBLIC INPUT, MAY SUBSTAN-
TIALLY REVISE THE PROPOSED  SCHOOL  CLOSING  OR  SIGNIFICANT  CHANGE  IN
SCHOOL  UTILIZATION PROVIDED THAT THE CHANCELLOR SHALL PREPARE A REVISED
EDUCATIONAL IMPACT STATEMENT, IN THE FORM PRESCRIBED IN PARAGRAPH (B) OF
THIS SUBDIVISION, AND PUBLISH AND FILE SUCH EDUCATIONAL IMPACT STATEMENT
IN THE SAME MANNER AS PRESCRIBED IN PARAGRAPH (C) OF  THIS  SUBDIVISION.
NO  SOONER THAN FIFTEEN DAYS FOLLOWING THE FILING OF SUCH REVISED EDUCA-
TIONAL IMPACT STATEMENT, THE CHANCELLOR OR DEPUTY CHANCELLOR, OR IN  THE
CASE OF A SIGNIFICANT CHANGE IN SCHOOL UTILIZATION THE CHANCELLOR OR HIS
OR  HER  DESIGNEE,  SHALL  HOLD A JOINT PUBLIC HEARING WITH THE IMPACTED
COMMUNITY COUNCIL AND SCHOOL BASED MANAGEMENT TEAM, AT THE  SCHOOL  THAT
IS  SUBJECT  TO  THE  PROPOSED  SCHOOL  CLOSING OR SIGNIFICANT CHANGE IN
SCHOOL UTILIZATION AND SHALL ALLOW ALL INTERESTED PARTIES AN OPPORTUNITY
TO PRESENT COMMENTS AND CONCERNS REGARDING SUCH PROPOSAL.  THE  CHANCEL-
LOR SHALL ENSURE THAT NOTICE OF SUCH HEARING IS WIDELY AND CONSPICUOUSLY
POSTED  IN  SUCH A MANNER TO MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS
THAT RECEIVE NOTICE, INCLUDING PROVIDING NOTICE TO AFFECTED PARENTS  AND
STUDENTS,  AND SHALL ALSO NOTIFY MEMBERS OF THE COMMUNITY BOARDS AND THE
ELECTED STATE AND LOCAL OFFICIALS WHO REPRESENT THE  AFFECTED  COMMUNITY
DISTRICT.
  (E) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (F) OF THIS SUBDIVISION,
ALL  PROPOSED  SCHOOL CLOSINGS OR SIGNIFICANT CHANGES IN SCHOOL UTILIZA-
TION SHALL BE APPROVED BY THE CITY BOARD PURSUANT TO SECTION TWENTY-FIVE
HUNDRED NINETY-G OF THIS ARTICLE AND SHALL NOT TAKE EFFECT UNTIL ALL THE
PROVISIONS OF THIS SUBDIVISION HAVE BEEN SATISFIED AND THE  SCHOOL  YEAR
IN WHICH SUCH CITY BOARD APPROVAL WAS GRANTED, HAS ENDED.
  (F)  IN THE EVENT THAT THE CHANCELLOR DETERMINES THAT A SCHOOL CLOSING
OR SIGNIFICANT CHANGE IN SCHOOL UTILIZATION IS IMMEDIATELY NECESSARY FOR
THE PRESERVATION OF STUDENT HEALTH, SAFETY OR GENERAL WELFARE, THE CHAN-
CELLOR MAY TEMPORARILY CLOSE A PUBLIC  SCHOOL  OR  ADOPT  A  SIGNIFICANT
CHANGE IN THE SCHOOL'S UTILIZATION ON AN EMERGENCY BASIS. SUCH EMERGENCY
SCHOOL  CLOSING  OR  SIGNIFICANT CHANGE IN SCHOOL UTILIZATION SHALL ONLY
REMAIN IN EFFECT FOR SIX MONTHS, DURING SUCH TIME THE  CHANCELLOR  SHALL
COMPLY  WITH  THE  REQUIREMENTS  OF  THIS  SUBDIVISION IN ORDER FOR SUCH
SCHOOL CLOSURE OR SIGNIFICANT CHANGE IN  SCHOOL  UTILIZATION  TO  EXTEND
BEYOND THE SIX MONTH PERIOD.
  3.  Subject  to  the  approval  of  the  city board, develop a plan to
provide for the establishment of comprehensive high schools  within  the
city  district  so that every community district shall have available to
its graduates further education and a comprehensive  high  school.  Such
plan  may  provide  for  the  conversion of academic and vocational high
schools and may be amended or modified from time to time.

S. 6052--B                         23

  4. Appoint teacher-aides for the schools and programs under his or her
jurisdiction within the budgetary allocation therefor.
  5.  Retain  jurisdiction  over  all  employees  who  are  required  in
connection with the performance of duties with respect  to  the  design,
construction,  operation  and maintenance of all school buildings in the
city school district. Such employees shall have all rights accorded them
under the provisions of the  civil  service  law,  including  manner  of
appointment,  classification,  promotion, transfer and removal including
an opportunity to be heard provided, however, that each custodian  shall
be responsible for the performance of his OR HER duties to the principal
of the school who shall be responsible to the district superintendent.
  6.  Employ  or  retain counsel subject to the powers and duties of the
corporation counsel of the city of New York to be his  or  her  attorney
and  counsel  pursuant to subdivision a of section three hundred ninety-
four of the New York city charter; provided, however, that in actions or
proceedings between the city board or the chancellor  and  one  or  more
community  boards, the city board or the chancellor shall be represented
by the corporation counsel of the city of New York.
  7. To  continue  existing  voluntary  programs  or  to  establish  new
programs  under  which  students may choose to attend a public school in
another community district.
  8. Promulgate minimum clear educational standards, curriculum require-
ments and frameworks, and mandatory educational objectives applicable to
all schools and programs throughout the city district, and  examine  and
evaluate periodically all such schools and programs with respect to
  (i) compliance with such educational standards and other requirements,
and
  (ii)  the educational effectiveness of such schools and programs, in a
manner not inconsistent with the policies of the city board.
  9. Furnish community district education councils and  the  city  board
periodically  with  the results of such examinations and evaluations and
to make the same public.
  10. Require each community superintendent to  make  an  annual  report
covering  all matters relating to schools under the district's jurisdic-
tion including, but not limited to, the evaluation  of  the  educational
effectiveness of such schools and programs connected therewith.
  11.  Require  such community district education council or superinten-
dent to make such number of periodic reports  as  may  be  necessary  to
accomplish the purposes of this chapter.
  13.  Perform  the  following  functions  throughout the city district;
provided, however, that the chancellor and any community district educa-
tion council may agree that  any  such  function  may  be  appropriately
performed  by  the  community district education council with respect to
the schools and programs under its jurisdiction:
  (a) Technical assistance to community districts and schools;
  (b) Such warehouse space on a regional basis as he or  she  determines
to  be  necessary  or  appropriate after consultation with the community
superintendents;
  (c) Purchasing services on a city-wide, regional or community district
basis subject to subdivision thirty-six of this section;
  (d) Reinforce and foster connections to institutions of higher  educa-
tion to promote student achievement.
  14.  Develop  and furnish pre-service and in-service training programs
for principals and other employees  throughout  the  city  district.  In
addition,  the  chancellor  shall prepare and annually update a training
plan for  participating  parents,  and  school  personnel,  which  shall

S. 6052--B                         24

include,  at  minimum,  such training as may be required for exercise of
their responsibilities,  full  participation  and  compliance  with  the
provisions  of  this  section. The chancellor shall, in addition, within
amounts  appropriated,  allocate  sufficient  funds  directly and to the
superintendents for teacher and principal training  to  meet  identified
needs for school improvement.
  15.  Promote  the  involvement and appropriate input of all members of
the school community pursuant to the provisions of this article, includ-
ing parents, teachers, and other school personnel, including:
  (a) establishing a parents' association or a parent-teachers'  associ-
ation  in  each school under the chancellor's jurisdiction; and ensuring
that the districts do the same; THE CHANCELLOR SHALL ENSURE  THAT  MEET-
INGS  OF  SUCH  PARENTS'  ASSOCIATIONS  OR PARENT-TEACHERS' ASSOCIATIONS
SHALL COMPLY WITH SECTION FOUR HUNDRED FOURTEEN OF THIS CHAPTER;
  (b) pursuant to a plan prepared in consultation with  associations  of
parents, and representatives of teachers, supervisors, paraprofessionals
and  other school personnel within the city district, and promulgated no
later than January  thirty-first,  nineteen  hundred  ninety-eight,  (i)
taking  all  necessary steps to ensure that no later than October first,
nineteen hundred  ninety-nine,  the  city  district  and  the  community
districts  are  in full compliance, and remain in compliance thereafter,
with state and  federal  law  and  regulations  concerning  school-based
management  and  shared decision-making, including section 100.11 of the
commissioner's regulations, in a manner which balances participation  by
parents  with participation by school personnel in advising in the deci-
sions devolved to schools pursuant to sections twenty-five hundred nine-
ty-i and twenty-five hundred ninety-r of this article, and (ii) pursuant
to such plan providing for appropriate training to any parent and school
personnel who participate in the [school-based] SCHOOL BASED  management
and shared decision-making process;
  (b-1)  school  based  management teams developed pursuant to paragraph
(b) of this subdivision shall possess the following powers and duties:
  (i) develop an annual school comprehensive educational plan  [that  is
aligned with] AND CONSULT ON THE SCHOOL-BASED BUDGET PURSUANT TO SECTION
TWENTY-FIVE  HUNDRED NINETY-R OF THIS ARTICLE. SUCH SCHOOL COMPREHENSIVE
EDUCATIONAL PLAN SHALL BE DEVELOPED CONCURRENTLY WITH THE DEVELOPMENT OF
THE SCHOOL-BASED BUDGET SO THAT IT MAY INFORM THE DECISION-MAKING  PROC-
ESS  AND  RESULT  IN THE ALIGNMENT OF THE COMPREHENSIVE EDUCATIONAL PLAN
AND the [school based] SCHOOL-BASED budget FOR THE ENSUING SCHOOL  YEAR.
Such  plan shall be submitted to the [district] COMMUNITY superintendent
ALONG WITH THE PRINCIPAL'S WRITTEN JUSTIFICATION DEMONSTRATING THAT  THE
SCHOOL-BASED  BUDGET PROPOSAL IS ALIGNED WITH THE SCHOOL'S COMPREHENSIVE
EDUCATIONAL PLAN AND THE SCHOOL BASED MANAGEMENT TEAM'S RESPONSE TO SUCH
JUSTIFICATION PURSUANT TO PARAGRAPH (H) OF SUBDIVISION  ONE  OF  SECTION
TWENTY-FIVE  HUNDRED  NINETY-F OF THIS ARTICLE.  IN THE CASE OF SPECIAL-
IZED, ACADEMIC, VOCATIONAL, AND OTHER HIGH SCHOOLS THAT  ARE  NOT  UNDER
THE  JURISDICTION  OF  A  COMMUNITY  SUPERINTENDENT,  SUCH PLAN SHALL BE
SUBMITTED TO THE CHANCELLOR PURSUANT TO SUBDIVISION E OF  SECTION  TWEN-
TY-FIVE  HUNDRED  NINETY-R OF THIS ARTICLE.  THE CHANCELLOR SHALL ENSURE
THAT THE COMPREHENSIVE EDUCATIONAL PLAN OF EVERY SCHOOL WITHIN THE  CITY
DISTRICT   IS  EASILY  ACCESSIBLE  and  be  made  available  for  public
inspection INCLUDING VIA THE CITY BOARD'S OFFICIAL INTERNET WEBSITE;
  (ii) hold at least one meeting per month during the school year.  Each
monthly  meeting  shall  be  held  at  a time that is convenient for the
parent representatives;

S. 6052--B                         25

  (iii) provide notice of monthly meetings that is consistent  with  the
open meetings law;
  (iv)  have parent members of such teams make recommendations, consist-
ent with the chancellor's regulations, on the selection  of  the  school
principal  AND HAVE ALL MEMBERS BE CONSULTED PRIOR TO THE APPOINTMENT OF
ANY PRINCIPAL CANDIDATE TO ITS SCHOOL;
  (v) undergo initial and ongoing training that will allow  its  members
to carry out their duties effectively; [and]
  (VI)  DISPUTE  ANY  DECISION  MADE  BY  THE PRINCIPAL TO THE COMMUNITY
SUPERINTENDENT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-F OF  THIS
ARTICLE  WHERE  MEMBERS  OF THE SCHOOL BASED MANAGEMENT TEAM, OTHER THAN
THE PRINCIPAL, REACH A CONSENSUS THAT THE DECISION IS INCONSISTENT  WITH
THE  GOALS AND POLICIES SET FORTH IN THE SCHOOL'S EXISTING COMPREHENSIVE
EDUCATIONAL PLAN; AND
  (VII) PROVIDE TO THE COMMUNITY SUPERINTENDENT AN ANNUAL ASSESSMENT  OF
THE  SCHOOL  PRINCIPAL'S  RECORD OF DEVELOPING AN EFFECTIVE SHARED DECI-
SION-MAKING RELATIONSHIP WITH SCHOOL BASED MANAGEMENT TEAM MEMBERS; AND
  (c) developing, in consultation with associations of  parents  in  the
city  district,  and  implementing no later than October first, nineteen
hundred ninety-eight, a parental bill of rights which provides  for,  at
minimum:
  (i)  reasonable  access  by  parents, persons in parental relation and
guardians to schools, classrooms, and academic and attendance records of
their own children, consistent with federal  and  state  laws,  provided
that  such  access does not disrupt or interfere with the regular school
process;
  (ii) the rights of parents, persons in parental relation and guardians
to take legal action and appeal the decisions  of  the  school  adminis-
tration, as authorized by law;
  (iii) the right of parents, persons in parental relation and guardians
to have information on their own child's educational materials;
  (iv)  access to and information about all public meetings, hearings of
the chancellor, the  city  board,  the  community  superintendents,  the
community district education councils, and the schools; and
  (v)  access  to  information regarding programs that allow students to
apply for admission where appropriate to schools outside a student's own
attendance zone.
  16. Promulgate such rules and regulations as he or she  may  determine
to  be  necessary  or convenient to accomplish the purposes of this act,
not inconsistent with the provisions of this article and  the  city-wide
educational policies of the city board.
  16-a.  Create standards, policies, and objectives and promulgate regu-
lations directly related to maintaining the internal fiscal integrity of
administrative operations by the chancellor,  the  community  districts,
and the schools.
  17.  Possess  those powers and duties described in section twenty-five
hundred fifty-four of this title, the exercise of which shall  be  in  a
manner  not  inconsistent  with  the  provisions of this article and the
city-wide educational policies of the city board.
  18. Possess those powers and duties contained in section nine  hundred
twelve  of  this chapter and those provisions of article fifteen of this
chapter which relate to non-public  schools,  those  powers  and  duties
contained  in section five hundred twenty-two of the New York city char-
ter, and those powers and duties contained in article  seventy-three  of
this  chapter, the exercise of which shall be in a manner not inconsist-

S. 6052--B                         26

ent with the provisions of this article and  the  city-wide  educational
policies of the city board.
  19.  Delegate  any of his or her powers and duties to such subordinate
officers or employees as he or she deems appropriate and  to  modify  or
rescind any power and duty so delegated.
  20.  Ensure compliance with qualifications established for all person-
nel employed in the city district, including the taking of  fingerprints
as  a  prerequisite  for  licensure and/or employment of such personnel.
Every set of fingerprints taken pursuant to this  subdivision  shall  be
promptly submitted to the division of criminal justice services where it
shall  be appropriately processed. Furthermore, the division of criminal
justice services is authorized to submit the fingerprints to the federal
bureau of investigation for a national criminal history record check.
  21. Perform the functions of the bureau of audit throughout  the  city
district, including ensuring compliance with subdivisions thirty-six and
thirty-seven of this section.
  22.  Establish  uniform  procedures for record keeping, accounting and
reporting throughout the city district, including pupil record  keeping,
accounting and reporting.
  23. Develop an educational facilities master plan, and revisions ther-
eto, as defined in section twenty-five hundred ninety-o of this article.
  24.  Develop  and implement a five-year educational facilities capital
plan, and amendments thereto, as defined in section twenty-five  hundred
ninety-p  of  this  article. The chancellor shall also appoint a person,
who reports directly to the chancellor or his or her designee, to assist
in the development and implementation of such plan and amendments there-
to and to oversee the school buildings program.
  25. On the chancellor's own initiative, or at the request of a  commu-
nity superintendent, transfer a principal employed by a community school
district pursuant to an agreement with the employee organization repres-
enting  such  principals. The chancellor shall establish a procedure for
consulting with affected parents to explain any such transfer.  Consist-
ent with section twenty-five hundred ninety-i of this article, including
without limitation subdivision three thereof, and subdivision one there-
of with respect to the rights and obligations of a  school  to  which  a
principal is transferred, in addition to any other law providing for the
transfer  of  principals,  the chancellor also may cause the transfer or
removal of principals for persistent educational failure,  conflicts  of
interest,  and  ethics violations, and may require principals to partic-
ipate in training and other  remedial  programs  to  address  identified
factors affecting student achievement and school performance.
  26.  Establish  educational and experience qualifications and require-
ments for all custodial positions including, but not limited to,  custo-
dians  and  custodial engineers and develop standards for evaluating the
performance of all such individuals, subject to  approval  of  the  city
board.  Such performance standards shall include, but not be limited to:
the cleanliness of facilities; adequacy and timeliness of minor repairs;
maintenance of good working order of  facilities  and  grounds;  general
facilities  improvement;  and  emergency  services. The chancellor shall
promulgate regulations setting forth the respective responsibilities  of
the district plant manager, which shall include regular consultation and
ongoing  reports  to  the community superintendent, and the principal of
each school for evaluating the performance of  the  custodial  employees
assigned to his or her school, in accordance with such performance stan-
dards,  and  such performance evaluations shall be given dominant weight
in any decision for the purposes of: advancement; continued  employment;

S. 6052--B                         27

building transfers; and other performance incentives. The responsibility
of the principal of each school in the evaluation of custodial employees
may  be  a  matter  for collective bargaining with collective bargaining
representatives for principals.
  27.  [Develop] PROMULGATE REGULATIONS, in conjunction with each commu-
nity superintendent, ESTABLISHING a plan for providing access to  school
facilities in each community school district, when not in use for school
purposes,  in  accordance  with  the  provisions of section four hundred
fourteen of this chapter. Such plan shall set forth a reasonable  system
of  fees  not to exceed the actual costs and specify that no part of any
fee shall directly or indirectly benefit or be deposited into an account
which inures to the benefit of the custodians or custodial engineers.
  29. Promulgate regulations establishing educational,  managerial,  and
administrative qualifications, performance record criteria, and perform-
ance standards for the positions of superintendent and principal.
  30.  Select and appoint a community superintendent, in compliance with
the qualifications required by subdivision twenty-nine of  this  section
and  subject to the provisions of subdivision two of section twenty-five
hundred ninety-j of this article, AND IN CONSULTATION  WITH  THE  CORRE-
SPONDING  COMMUNITY  DISTRICT EDUCATION COUNCIL, at a salary to be fixed
within the budgetary allocation therefor.
  31. Intervene in any district or school which is persistently  failing
to  achieve educational results and standards approved by the city board
or established by the state board of regents, or has failed  to  improve
its  educational results and student achievement in accordance with such
standards or state or city board  requirements,  or  in  any  school  or
district in which there exists, in the chancellor's judgment, a state of
uncontrolled or unaddressed violence. The chancellor may, in addition to
exercising  any  other  powers  authorized by this article, require such
school principal, or district as the case may be, to prepare  a  correc-
tive  action plan, with a timetable for implementation of steps accepta-
ble to the chancellor to reach improvement goals  consistent  with  city
board  standards and educational results. The chancellor may require the
school or district to alter or improve the corrective  action  plan,  or
may  directly  modify the plan. The chancellor shall monitor implementa-
tion of the plan, and, if the school or district fails to implement  it,
may  supersede any inconsistent decision of the school principal, commu-
nity district education  council  or  community  superintendent;  assume
joint  or  direct  control of the operation of the school or district to
implement the corrective action plan; or take any other  action  author-
ized  by  this  article.  Any  action  of the chancellor to supercede an
inconsistent decision of the school principal, community district educa-
tion council or community superintendent, or to assume joint  or  direct
control  of  the  operation  of  the school or district pursuant to this
subdivision may be appealed to the city board in accordance with section
twenty-five hundred ninety-g of this article.
  32. Appoint a deputy, for each  borough  of  the  city  of  New  York,
responsible  for  coordinating  and  periodically meeting and consulting
with the borough president, the chancellor and the community superinten-
dents in the borough on borough-specific issues and issues  of  borough-
wide  significance,  including  the  provision of services in support of
schools and community  districts  such  as  transportation,  purchasing,
capital planning, and coordination with municipal services, and chancel-
lor and city board policy with respect to the high schools.

S. 6052--B                         28

  33.  Require community school board members to participate in training
and retraining in order to promote district and school  performance  and
student achievement, as a continuing condition for membership.
  35. Take all necessary steps to promote the effectiveness and integri-
ty  of  school-based  budgeting  pursuant to section twenty-five hundred
ninety-r of this article, including the obligations imposed by  subdivi-
sion thirty-seven of this section.
  36.  Develop  a procurement policy for the city school district of the
city of New York and the COMMUNITY districts and public  schools  there-
in[.  Such  policy  shall]  TO ensure the wise and prudent use of public
money in the best interest of the taxpayers of the state; guard  against
favoritism,  improvidence,  extravagance,  fraud,  and  corruption;  and
ensure that contracts are awarded consistent with law and on  the  basis
of  best  value,  including, but not limited to, the following criteria:
quality, cost and efficiency.
  (A) Such POLICY SHALL SPECIFICALLY INCLUDE:
  (I) A COMPETITIVE SEALED BIDDING PROCESS FOR THE AWARDING OF CONTRACTS
IN WHICH SEALED BIDS ARE  PUBLICLY  SOLICITED  AND  OPENED  AND  THAT  A
CONTRACT IS AWARDED TO THE LOWEST RESPONSIVE, RESPONSIBLE BIDDER;
  (II)  PROCESSES  FOR  AWARDING CONTRACTS USING ALTERNATIVES TO COMPET-
ITIVE SEALED BIDDING WHERE COMPETITIVE SEALED BIDDING IS NOT PRACTICABLE
OR NOT ADVANTAGEOUS, IN WHICH  CASE  THE  MOST  COMPETITIVE  ALTERNATIVE
METHOD  OF  PROCUREMENT,  WHICH  IS APPROPRIATE UNDER THE CIRCUMSTANCES,
SHALL BE USED CONSISTENT  WITH THE REQUIREMENTS OF SUBPARAGRAPH (VII) OF
THIS PARAGRAPH;
  (III) MEASURES TO ENHANCE THE ABILITY  OF  MINORITY  AND  WOMEN  OWNED
BUSINESS  ENTERPRISES TO COMPETE FOR CONTRACTS AND TO ENSURE THEIR MEAN-
INGFUL PARTICIPATION IN THE PROCUREMENT PROCESS;
  (IV)  THE  MANNER  FOR  ADMINISTERING  CONTRACTS  AND  OVERSEEING  THE
PERFORMANCE OF CONTRACTS AND CONTRACTORS;
  (V) STANDARDS AND PROCEDURES TO BE USED IN DETERMINING WHETHER BIDDERS
ARE RESPONSIBLE;
  (VI)  CIRCUMSTANCES  UNDER  WHICH  PROCUREMENT  MAY  BE  USED  FOR THE
PROVISION OF TECHNICAL, CONSULTANT OR PERSONAL SERVICES;
  (VII) REQUIRING WRITTEN JUSTIFICATION FOR  THE  BASIS,  INCLUDING  THE
EFFICIENCY,  BENEFIT,  AND  NECESSITY,  FOR  AWARDING  A  CONTRACT USING
PROCUREMENT METHODS OTHER  THAN  COMPETITIVE  SEALED  BIDDING  INCLUDING
COMPETITIVE SEALED PROPOSALS AND SOLE SOURCE CONTRACTS, AND FOR AWARDING
TECHNICAL, CONSULTANT, OR PERSONAL SERVICES CONTRACTS, FRANCHISES, REVO-
CABLE  CONSENTS,  OR  CONCESSIONS.  SUCH  WRITTEN JUSTIFICATION SHALL BE
FILED WITH THE COMPTROLLER OF THE CITY OF NEW YORK ALONG WITH THE CORRE-
SPONDING CONTRACT, FRANCHISE, REVOCABLE CONSENT, OR CONCESSION;
  (VIII) MAINTAINING A FILE  FOR  EVERY  CONTRACT  FRANCHISE,  REVOCABLE
CONSENT,  AND CONCESSION CONTAINING INFORMATION PERTAINING TO THE SOLIC-
ITATION, AWARD AND MANAGEMENT OF EVERY SUCH CONTRACT OR AGREEMENT.  SUCH
FILE  SHALL  CONTAIN  COPIES  OF  EACH  DETERMINATION, WRITING OR FILING
REQUIRED BY THIS SUBDIVISION AND SHALL BE OPEN TO PUBLIC INSPECTION WITH
ADEQUATE PROTECTION FOR INFORMATION WHICH IS CONFIDENTIAL;
  (IX) A PROCESS FOR THE FILING OF ALL CONTRACTS, FRANCHISES,  REVOCABLE
CONSENTS, AND CONCESSIONS WITH THE COMPTROLLER OF THE CITY OF NEW YORK;
  (X)  A  PROCESS FOR EMERGENCY PROCUREMENT IN THE CASE OF AN UNFORESEEN
DANGER TO LIFE, SAFETY, PROPERTY OR A NECESSARY  SERVICE  PROVIDED  THAT
SUCH  PROCUREMENT  SHALL BE MADE WITH SUCH COMPETITION AS IS PRACTICABLE
UNDER THE CIRCUMSTANCES AND THAT A WRITTEN DETERMINATION  OF  THE  BASIS
FOR THE EMERGENCY PROCUREMENT SHALL BE REQUIRED AND FILED WITH THE COMP-

S. 6052--B                         29

TROLLER  OF  THE  CITY OF NEW YORK WHEN SUCH EMERGENCY CONTRACT IS FILED
WITH SUCH COMPTROLLER; AND
  (XI)  PROCEDURES  FOR  THE  FAIR  AND EQUITABLE RESOLUTION OF CONTRACT
DISPUTES.
  (B) CONSISTENT WITH THE PROVISIONS OF PARAGRAPH (A) OF  THIS  SUBDIVI-
SION  SUCH  policy  shall also include: [(a)] (I) standards for quality,
function, and utility of all  material  goods,  supplies,  and  services
purchased  by  the  chancellor,  superintendents, or schools; [(b) regu-
lations for the purchase of material goods, supplies,  and  services  by
the  chancellor, the superintendents, and the schools, including clearly
articulated procedures which require a clear statement of product  spec-
ifications, requirements or work to be performed, a documentable process
of  soliciting bids, proposals, or other offers, and a balanced and fair
method, established in advance of  receipt  of  offers,  for  evaluating
offers and awarding contracts; (c)] (II) regulations which enable super-
intendents  and  schools  to  purchase  material  goods,  supplies,  and
services directly from vendors  or  suppliers  when  such  products  are
available  at prices or other terms more economically beneficial for the
purposes of the acquiring superintendent  or  school;  and  [(d)]  (III)
regulations  shall  include  repair  services  and building supplies, as
defined in such regulations, for expenditures from each district's minor
repair and purchasing funds  pursuant  to  section  twenty-five  hundred
ninety-r of this article.
  (C) THE CHANCELLOR SHALL BE RESPONSIBLE FOR CERTIFYING THAT THE PROCE-
DURAL  REQUISITES  PURSUANT  TO THIS SUBDIVISION AND SECTION TWENTY-FIVE
HUNDRED NINETY-G OF THIS ARTICLE HAVE BEEN MET, PRIOR TO THE FILING  ANY
CONTRACT  AWARDED  BY A PROCUREMENT METHOD OTHER THAN COMPETITIVE SEALED
BIDDING, OR PRIOR TO  FILING  ANY  TECHNICAL,  CONSULTANT,  OR  PERSONAL
SERVICES  CONTRACT, FRANCHISE, REVOCABLE CONSENT, OR CONCESSION WITH THE
COMPTROLLER OF THE CITY OF NEW YORK. THE  CORPORATION  COUNSEL  FOR  THE
CITY  OF  NEW YORK SHALL CERTIFY PRIOR TO THE FILING OF SUCH CONTRACT OR
AGREEMENT WITH THE COMPTROLLER OF THE CITY OF NEW YORK,  THAT  THE  CITY
DISTRICT HAS LEGAL AUTHORITY TO AWARD EACH SUCH CONTRACT OR AGREEMENT.
  (D)  (I) NO CONTRACT, FRANCHISE, REVOCABLE CONSENT OR CONCESSION SHALL
BE IMPLEMENTED UNTIL A COPY HAS BEEN FILED WITH THE COMPTROLLER  OF  THE
CITY OF NEW YORK AND EITHER SUCH COMPTROLLER HAS REGISTERED IT OR THIRTY
DAYS  HAVE  ELAPSED FROM THE DATE OF FILING, WHICHEVER IS SOONER, UNLESS
AN OBJECTION HAS BEEN FILED PURSUANT TO SUBPARAGRAPH (III) OF THIS PARA-
GRAPH, OR THE COMPTROLLER OF THE CITY OF NEW YORK HAS  GROUNDS  FOR  NOT
REGISTERING  SUCH  CONTRACT OR AGREEMENT UNDER SUBPARAGRAPH (II) OF THIS
PARAGRAPH.
  (II) SUBJECT TO THE PROVISIONS OF SUBPARAGRAPH  (III)  OF  THIS  PARA-
GRAPH,  THE  COMPTROLLER  OF  THE  CITY  OF NEW YORK SHALL REGISTER SUCH
CONTRACT OR AGREEMENT WITHIN THIRTY DAYS  UNLESS  SUCH  COMPTROLLER  HAS
INFORMATION INDICATING THAT:
  (1) THERE REMAINS NO UNEXPENDED AND UNAPPLIED BALANCE OF THE APPROPRI-
ATION  OR  FUND  APPLICABLE  THERETO,  SUFFICIENT  TO  PAY THE ESTIMATED
EXPENSE OF EXECUTING SUCH CONTRACT OR AGREEMENT;
  (2) A CERTIFICATION REQUIRED PURSUANT TO THIS PARAGRAPH HAS  NOT  BEEN
MADE; OR
  (3) THE PROPOSED VENDOR HAS BEEN DEBARRED BY THE CITY OF NEW YORK.
  (III)  THE COMPTROLLER OF THE CITY OF NEW YORK MAY, WITHIN THIRTY DAYS
OF THE DATE OF FILING OF THE CONTRACT, FRANCHISE, REVOCABLE  CONSENT  OR
CONCESSION WITH HIS OR HER OFFICE, OBJECT IN WRITING TO THE REGISTRATION
OF  SUCH  CONTRACT OR AGREEMENT, IF IN SUCH COMPTROLLER'S JUDGMENT THERE
IS SUFFICIENT REASON TO BELIEVE THAT THERE IS POSSIBLE CORRUPTION IN THE

S. 6052--B                         30

LETTING OF SUCH CONTRACT OR AGREEMENT OR THAT THE PROPOSED CONTRACTOR IS
INVOLVED IN CORRUPT ACTIVITY. SUCH OBJECTION SHALL BE  DELIVERED  WITHIN
SUCH  THIRTY  DAY  PERIOD  TO  THE MAYOR OF THE CITY OF NEW YORK SETTING
FORTH IN DETAIL THE GROUNDS FOR THE NEW YORK CITY COMPTROLLER'S DETERMI-
NATION.    THE MAYOR OF THE CITY OF NEW YORK MAY REQUIRE REGISTRATION OF
THE CONTRACT OR  AGREEMENT  DESPITE  THE  NEW  YORK  CITY  COMPTROLLER'S
OBJECTIONS  IF  THE  MAYOR OF THE CITY OF NEW YORK HAS RESPONDED TO SUCH
COMPTROLLER'S OBJECTIONS IN WRITING, INDICATING:
  (1) THE CORRECTIVE ACTIONS IF ANY, THAT HAVE BEEN  TAKEN  OR  WILL  BE
TAKEN IN RESPONSE TO SUCH COMPTROLLER'S OBJECTIONS, OR
  (2)  THE  REASONS WHY THE MAYOR OF THE CITY OF NEW YORK DISAGREES WITH
SUCH COMPTROLLER'S OBJECTIONS.
  SUCH RESPONSE BY THE MAYOR OF THE CITY OF NEW YORK SHALL NOT SERVE  AS
THE  BASIS  FOR  FURTHER OBJECTION BY THE NEW YORK CITY COMPTROLLER, AND
SUCH COMPTROLLER  SHALL  REGISTER  THE  CONTRACT,  FRANCHISE,  REVOCABLE
CONSENT  OR  CONCESSION  WITHIN  TEN DAYS OF RECEIPT OF THE MAYOR OF THE
CITY OF NEW YORK'S RESPONSE.
  (E) THE REQUIREMENTS OF PARAGRAPHS (C) AND  (D)  OF  THIS  SUBDIVISION
SHALL  NOT  APPLY  TO AN EMERGENCY CONTRACT AWARDED PURSUANT TO SUBPARA-
GRAPH (X) OF PARAGRAPH (A) OF THIS SUBDIVISION, PROVIDED THAT THE  CHAN-
CELLOR  SHALL  COMPLY WITH THE REQUIREMENTS OF PARAGRAPHS (C) AND (D) OF
THIS SUBDIVISION AS SOON AS PRACTICABLE.
  37. Establish guidelines and a system of internal controls,  including
internal  administrative controls and internal accounting controls, with
provisions for internal audits, as such terms  are  defined  in  section
nine  hundred fifty of the executive law. Such system shall also include
a system of internal control review designed to identify weaknesses  and
identify  actions  to rectify them; a clear and concise statement of the
generally applicable management policies and standards made available to
each officer and employee relevant to fiscal and expenditure control, in
addition to education and training efforts  to  ensure  adequate  under-
standing  of  internal  control standards and evaluation techniques; and
the designation of  an  internal  control  officer  for  each  community
district,  each  of  whom shall report to the chancellor and the auditor
general, to execute a regular internal audit function, which shall oper-
ate in accordance with generally accepted governmental  auditing  stand-
ards. The internal auditors for the community districts shall operate in
cooperation  with  the auditor general, appointed by the chancellor, who
shall, in addition to the functions of the  internal  auditors,  monitor
and  conduct  random  audits of school districts at least once every two
years  for  fraud,  waste,  and  mismanagement.    Notwithstanding   any
provision  of  state law or state or city regulation, the internal audi-
tors, and the auditor general, shall be entitled, upon their request, to
all and any documents and materials bearing in  their  judgment  on  the
finances  and cost-effectiveness of the schools and the school districts
that is in the possession of the community districts,  the  schools,  or
any officer thereof.
  38.  To exercise all of the duties and responsibilities of the employ-
ing board as set forth in section three thousand twenty-a of this  chap-
ter  with  respect to any member of the teaching or supervisory staff of
schools under the jurisdiction of the community district education coun-
cils. The chancellor shall exercise all such duties and responsibilities
for all community districts or may delegate the  exercise  of  all  such
duties  and  responsibilities to all of the community superintendents of
the city district.

S. 6052--B                         31

  38-a. To exercise all  of  the  duties  and  responsibilities  of  the
employing  board as set forth in section three thousand twenty-a of this
chapter with respect to any member of the teaching or supervisory  staff
of  schools which are not covered under subdivision thirty-eight of this
section.  Provided, however that the city board shall maintain jurisdic-
tion over any consequence resulting from an employee waiver of  a  hear-
ing,  as  provided  for  in  paragraph (d) of subdivision two of section
three thousand twenty-a of this chapter.
  39. (a) Prescribe regulations and by-laws  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 chancellor, of the following
information:
  (i) the employment by the city school board or any community  district
education  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]  (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)  The  chancellor  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 by-laws
prescribed in this subdivision. Any community district education council
member, community superintendent, or other officer or employee  required
to make disclosure, who fails to make such disclosure, shall be notified
in  writing  of his or her failure to do so and given thirty days within
which to comply.
  (d) Willful failure to make full and timely disclosure  shall  consti-
tute  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 may be provided by law.
  (e)  Disclosures made pursuant to the requirements of this subdivision
and any notification of failure to make disclosures shall be made avail-
able for public inspection during  regular  business  hours  on  regular
business days.
  40.  (a)  Prescribe  regulations  and by-laws 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 chancellor, in the discretion
of the chancellor, 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 combina-
tion thereof, and the content of such reports, including minimum  dollar
amounts,  shall  be  determined  by the chancellor, 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;

S. 6052--B                         32

  (v)  outstanding  loans  and other forms of indebtedness due to person
reporting or spouse, by name and amounts; and
  (vi)  trusts  and  other  fiduciary  relationships and their assets in
which a beneficial interest is held.
  (c) Willful failure to file required financial reports  shall  consti-
tute  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 may be provided by law.
  41.  Appoint  and set salaries for staff in non-represented managerial
titles.
  42. (a) To dispose of such personal property used in the  schools  and
other  buildings  of  the  city of New York under the charge of the city
board as shall no longer be required for use therein.  Such  disposition
shall be made in the name of the city of New York and for such city.
  (b)  The  chancellor  may  sell, at prices as may be agreed upon, such
manufactured articles or other products of any school of  the  district,
day  and  evening,  as  may  not  be utilized by the city board, and all
moneys realized by the sale thereof shall be paid into the city treasury
and shall at once be appropriated by the city to a special  fund  to  be
administered  by  the city board for such purposes as such board, in its
discretion, may determine. All other moneys  realized  by  the  sale  of
personal property shall be paid into the city treasury and shall at once
be appropriated by the city to the special school fund of the city board
for use in the borough in which the property sold was situated.
  (c) Such method of disposal shall be deemed not to apply to the dispo-
sition  of  school  books  pursuant  to  subdivision forty-three of this
section.
  43. To dispose of, to the best advantage of  the  city  of  New  York,
either  by  sale or on the basis of money allowance for waste paper, all
books delivered to the several public schools of  such  city  that  have
been discarded either by reason of being obsolete, no longer required by
the  course  of  study, worn by long usage, or mutilated by accident. If
disposal is made by sale, it shall be to the  highest  bidder,  and  the
money realized shall be paid into the city treasury and shall at once be
appropriated  by  the  city to the special school fund of the city board
entitled "supplies". If disposal is made on the basis of money allowance
for waste paper, it shall be to the highest bidder. Such discarded books
may be disposed of without public advertisement or entry into  a  formal
contract.  Should  the discarded books be in such condition that no sale
or exchange can be made, or should there be reason to believe that  such
discarded  books  have become infected through disease among the pupils,
or should the superintendent of  schools  certify  that  such  discarded
books  contain  erroneous,  inaccurate,  obsolete, or antiquated subject
matter, illustrations, maps, charts, or other material, the committee on
supplies of the board of education, if such books cannot be sold,  given
away,  or otherwise salvaged as waste paper without danger to the public
health, may authorize their destruction by  fire,  in  which  event  the
superintendent  of  school  supplies shall obtain and file in his or her
office a certificate that such books have been so destroyed,  signed  by
the principal of the school in which the books are located.
  44. To provide the proper book or books in which he or she shall cause
the  class teachers under the direction and supervision of the principal
to enter the names, ages, and residences of  the  pupils  attending  the
school,  the  name of the parent or guardian of each pupil, and the days
on which the pupils shall have attended respectively, and the  aggregate
attendance  of  each  pupil during the year, and also the day upon which

S. 6052--B                         33

the school shall have been visited by the superintendent of  schools  or
by an associate superintendent of schools or by an assistant superinten-
dent,  or  by  members of the city board, or by members of the community
district  education  council,  or  by  any of them, which entry shall be
verified by such  oath  or  affirmation  of  the  principal  as  may  be
prescribed by the chancellor. Such books shall be preserved as the prop-
erty  of  the chancellor and shall at all times be open to inspection by
members of the city board, by members of the community councils  and  by
the  superintendent  of  schools,  or by any associate superintendent of
schools, or by the assistant superintendents.
  45. Make rules and regulations for the conduct, operation, and mainte-
nance of extra classroom activities and for the  safeguarding,  account-
ing, and audit of all moneys received and derived therefrom. In the case
of  any  extra  classroom activity as it shall deem proper, and notwith-
standing the provisions of section twenty-five hundred  thirty  of  this
title,  it  may  direct  that  the  moneys  received or derived from the
conduct, operation, or maintenance of such an extra  classroom  activity
be  deposited with the auditor, who in such event shall be the treasurer
of such an extra classroom activity, the moneys of which are required to
be so deposited. In the procurement of articles  and  services  for  the
conduct,  operation,  and  maintenance  of  a  cafeteria  or  restaurant
service, the chancellor shall be subject  to  applicable  provisions  of
law, except that said chancellor need not have duly advertised for esti-
mates  in  order  to contract for such articles or services in an amount
exceeding one thousand dollars. The chancellor shall also have power  to
assign any officers or employees to perform such duties as he or she may
prescribe  in  connection with an extra classroom activity and to desig-
nate such officers and employees when so assigned from whom a bond shall
be required for faithful performance of their duties and to fix the  sum
in which each such bond shall be given.
  46.  To maintain, through such representatives as he or she may desig-
nate, an effective visitation and inspection of all schools and  classes
maintained in institutions controlled by the department of correction of
the city of New York.
  47.  To assign, in his or her discretion, one or more employees of the
city board to serve as trial examiner with  power  to  conduct  investi-
gations  and  hearings  on behalf of the chancellor. Each trial examiner
shall report the result of any such  investigation  or  hearing  to  the
chancellor.
  48.  TO  HOLD A PUBLIC MEETING IN EACH COMMUNITY DISTRICT, IN CONJUNC-
TION WITH THE COMMUNITY DISTRICT EDUCATION COUNCIL, DURING  A  TWO  YEAR
PERIOD,  BEGINNING  WITH  THE TWO THOUSAND NINE--TWO THOUSAND TEN SCHOOL
YEAR, IN ORDER TO REPORT ON PUBLIC SCHOOL FINANCES, STUDENT PERFORMANCE,
AND EDUCATIONAL GOALS AND PRIORITIES OF THE CITY DISTRICT AND TO RECEIVE
AND RESPOND TO PUBLIC COMMENTS AND CONCERNS. THE CHANCELLOR SHALL DIRECT
THE COMMUNITY SUPERINTENDENT TO PROVIDE PUBLIC NOTICE OF SUCH MEETING IN
ORDER TO MAXIMIZE THE PARTICIPATION OF PARENTS, STUDENTS, AND ALL  OTHER
INTERESTED PARTIES.
  49.  TO  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 COMP-
TROLLER OF THE CITY OF NEW YORK, IN A TIMELY FASHION.
  50. TO ISSUE AN ANNUAL REPORT ON THE  PARTICIPATION  OF  MINORITY  AND
WOMEN  OWNED  BUSINESS  ENTERPRISES  IN  THE CITY DISTRICT'S PROCUREMENT
PROCESS INCLUDING THE NUMBER OF CONTRACTS AWARDED TO MINORITY AND  WOMEN
OWNED BUSINESS ENTERPRISES, THE PERCENT OF CONTRACTS AWARDED TO MINORITY

S. 6052--B                         34

AND  WOMEN  OWNED  BUSINESS  ENTERPRISES OF THE TOTAL NUMBER OF ALL CITY
DISTRICT CONTRACTS, THE AGGREGATE VALUE  OF  ALL  CONTRACTS  AWARDED  TO
MINORITY  AND  WOMEN  OWNED BUSINESS ENTERPRISES, AND THE PERCENT OF THE
AGGREGATE  VALUE  OF CONTRACTS AWARDED TO MINORITY AND WOMEN OWNED BUSI-
NESS ENTERPRISES OF THE TOTAL  AGGREGATE  VALUE  OF  ALL  CITY  DISTRICT
CONTRACTS.
  51.    PROPOSE  A  POLICY  FOR  CITY  BOARD APPROVAL 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 CHANCELLOR
SHALL ISSUE AN ANNUAL REPORT 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.
  S  8.  Section 2590-i of the education law, as added by chapter 720 of
the laws of 1996, paragraph (c) of subdivision 2 as amended  by  chapter
91 of the laws of 2002, is amended to read as follows:
  S 2590-i. Powers and duties of schools; principals; provisions for the
transfer  of jurisdiction of high schools. 1. The principal shall be the
administrative and instructional leader of the school.   Subject to  the
regulations  of  the  chancellor  and  applicable  collective bargaining
agreements and obligations, the principal shall be responsible  for  the
day  to  day operation of the school and shall carry out these duties in
consultation with parents, teachers and  other  staff,  AND  THE  SCHOOL
BASED  MANAGEMENT  TEAM pursuant to section twenty-five hundred ninety-h
of this article including:
  (a) promote an equal  educational  opportunity  for  students  in  the
school,
  (b)  subject to school-based budgeting pursuant to section twenty-five
hundred ninety-r of this article,
  (c) subject to collective bargaining obligations and  agreements,  the
budget  applicable to the school, and the other provisions of this arti-
cle including section twenty-five hundred ninety-j of this  article,  to
make recommendation on staff selection, including through the establish-
ment  of  appropriate  objective  criteria  consistent with chancellor's
regulations for filling vacancies based upon the school's  instructional
and facility needs,
  (d)  subject to the standards and assessments promulgated by the chan-
cellor, to develop school-based curricula and syllabi  for  instruction,
and  to  address  other matters relating to the instruction of students,
including the selection of texts from lists approved by  the  chancellor
and  instructional materials, consistent with regulations of the commis-
sioner, and subject to the approval of the superintendent, or chancellor
in the case of schools under the jurisdiction of the city board,
  (e) subject to the approval of the superintendent, or, where appropri-
ate, the chancellor and within the limits of funds made available there-
for, to enhance teacher and staff  development  relevant  to  increasing
student  achievement,  support  extended  day  programs,  school  reform
programs, and pupil-support services,
  (f) enhance pupil support services by coordinating related programs,
  (g) to make or arrange for minor repairs as delegated by the  chancel-
lor  or  superintendent pursuant to regulations of the chancellor, or as
otherwise authorized by law subject to subdivisions thirty-six and thir-
ty-seven of section twenty-five hundred ninety-h of this article,
  (h) subject to subdivisions thirty-six  and  thirty-seven  of  section
twenty-five  hundred  [nine-h] NINETY-H of this article, identifying and

S. 6052--B                         35

purchasing equipment and supplies that can be purchased for less than if
purchased through purchasing arrangements entered into through the  city
board, the chancellor or the superintendent,
  (i)  to  manage  and  operate the school building and other facilities
under its jurisdiction.
  2. (a) The principal may be removed or transferred by the  superinten-
dent  or the chancellor for persistent educational failure of the school
or other cause. Removals may be caused pursuant to section  three  thou-
sand  twenty-a  of  this  chapter if applicable. Transfers may be caused
pursuant to subdivision twenty-five of section twenty-five hundred nine-
ty-h of this article. Any such removal or transfer may  be  appealed  to
the  city  board,  during  which  time the superintendent may appoint an
acting principal subject to the approval of the  chancellor.    Provided
however  that  such appointee must meet qualifications pursuant to para-
graph [(d)] (C) of this subdivision.  Persistent educational failure  of
the  school shall be defined in regulations of the chancellor to include
a pattern of poor or declining achievement; a pattern of poor or declin-
ing attendance; disruption or violence; and continuing failure  to  meet
chancellor's performance standards or other standards.
  (b) The principal may be required by the chancellor or the superinten-
dent  to  participate in training or other forms of staff development or
to address identified areas of  educational  need  and  promote  student
achievement and school performance.
  (c)  Principals  shall  be selected consistent with regulations of the
chancellor establishing a  process  that  promotes  parental  and  staff
involvement  in the recruitment, screening, interviewing and recommenda-
tion of candidates.   Candidates must meet  the  requirements  of  regu-
lations  of  the  chancellor  establishing  educational, managerial, and
administrative qualifications, including evaluation of each  candidate's
record  of  performance  in comparable positions. In the case of schools
under the jurisdiction of the community districts, a candidate  approved
by  a  community superintendent PURSUANT TO PARAGRAPH (E) OF SUBDIVISION
ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-F OF THIS ARTICLE may nonethe-
less, before assuming the position, be rejected by  the  chancellor  for
cause.   IN THE CASE OF SCHOOLS NOT UNDER THE JURISDICTION OF THE COMMU-
NITY DISTRICTS, THE CHANCELLOR SHALL ADDITIONALLY CONSULT  WITH  MEMBERS
OF  THE  SCHOOL  BASED  MANAGEMENT  TEAM PRIOR TO APPOINTING A PRINCIPAL
CANDIDATE TO ANY SUCH SCHOOL.
  3. Provisions for transfer of jurisdiction of high schools.   Pursuant
to  regulations  of  the chancellor approved by the city board, any high
school, other than a special senior academic or vocational  high  school
of  city-wide  competitive admission, may be transferred from the juris-
diction of the city board to the jurisdiction of the community  district
in  which  it  is  located,  or from such community district to the city
board, upon the consent of the chancellor and the community  superinten-
dent. In such event, the chancellor and the superintendent shall prompt-
ly take all necessary steps to effectuate the transfer.
  S  9.  Paragraph b of subdivision 3 of section 2590-p of the education
law, as amended by chapter 123 of the laws of 2003, is amended  to  read
as follows:
  b.  Commencing  on  November first, nineteen hundred ninety-three, and
every five years thereafter, the  chancellor  shall  submit  a  proposed
five-year  educational  facilities  capital  plan  to take effect on the
succeeding July first to  each  community  district  education  council,
which shall conduct a public hearing and shall prepare and submit recom-
mendations  to  the chancellor on or before January first of the ensuing

S. 6052--B                         36

year with respect to matters  in  the  plan  that  involve  that  school
district.  The  chancellor  shall  consider the recommendations received
from the community district education councils, and, on or before Febru-
ary  first  of such year, shall submit a final proposed five-year educa-
tional facilities capital plan to the city board for its approval PURSU-
ANT TO PARAGRAPH (D) OF SUBDIVISION ONE OF SECTION  TWENTY-FIVE  HUNDRED
NINETY-G  OF  THIS ARTICLE.  [On or before March first of such year, the
city board shall approve the five-year  educational  facilities  capital
plan submitted by the chancellor.]
  S  10. Section 2590-r of the education law, as added by chapter 720 of
the laws of 1996, is amended to read as follows:
  S 2590-r. School based budgeting and expenditure reporting.  The chan-
cellor shall, in consultation with the city board and community district
superintendents, establish in regulations  a  comprehensive  process  of
school-based  budgeting and expenditure reporting no later than November
first, nineteen hundred ninety-eight.  Notwithstanding any provision  of
section  twenty-five  hundred  ninety-q of this article to the contrary,
such regulations shall include provisions for:
  a. the allocation of projected revenues among community districts  and
their  schools on the basis of objective formulae developed by the chan-
cellor, after consultation with the community [boards] COUNCILS,  commu-
nity superintendents and the mayor, and approved by the city board, such
formulae  shall  reflect the relative educational needs of the community
districts and their schools to the maximum extent feasible;
  b. (I) FOLLOWING RELEASE OF THE EXECUTIVE BUDGET OF THE  CITY  OF  NEW
YORK  BY THE MAYOR OF THE CITY OF NEW YORK, THE CHANCELLOR TO INFORM THE
PRINCIPAL OF EACH SCHOOL OF THAT SCHOOL'S PRELIMINARY BUDGET ALLOCATION,
AND the principal [of each school] to propose a  school-based  [expendi-
ture]  budget, after CONSULTING WITH MEMBERS OF THE SCHOOL BASED MANAGE-
MENT TEAM AND soliciting input pursuant to  [section]  SECTIONS  twenty-
five  hundred ninety-h, and twenty-five hundred ninety-i of this article
on budget priorities from all members of the school community;
  (II) FOR SCHOOLS UNDER THE JURISDICTION OF A COMMUNITY SUPERINTENDENT,
THE PRINCIPAL SHALL BE REQUIRED TO PROVIDE WRITTEN JUSTIFICATION,  IN  A
FORM  AND  MANNER PRESCRIBED BY THE COMMUNITY SUPERINTENDENT PURSUANT TO
PARAGRAPH (H) OF SUBDIVISION ONE OF SECTION TWENTY-FIVE HUNDRED NINETY-F
OF THIS ARTICLE, TO DEMONSTRATE THAT THE SCHOOL-BASED BUDGET PROPOSAL IS
ALIGNED WITH THE SCHOOL'S COMPREHENSIVE EDUCATIONAL PLAN;
  c.  the review, modification [and], approval AND CERTIFICATION of  the
proposed  school budget [by the] FOR SCHOOLS UNDER THE JURISDICTION OF A
community superintendent PURSUANT TO PARAGRAPH (H) OF SUBDIVISION ONE OF
SECTION TWENTY-FIVE HUNDRED NINETY-F OF THIS ARTICLE;
  d. within amounts estimated by the chancellor, the aggregation of  the
proposed school-based budgets, as modified and approved by the community
superintendent, with a proposed budget for the administrative and opera-
tional  expenses  of  the community superintendent and community [board]
COUNCIL, as developed by the community superintendent, for submission to
the chancellor;
  e.  the chancellor to develop a  school-based  budgeting  process  for
schools under his or her jurisdiction consistent with this section WHICH
SHALL  REQUIRE  THAT:  (I)  EACH PRINCIPAL PROVIDE WRITTEN JUSTIFICATION
DEMONSTRATING THAT THE SCHOOL-BASED BUDGET IS ALIGNED WITH SUCH SCHOOL'S
COMPREHENSIVE EDUCATIONAL PLAN; (II) THE SCHOOL  BASED  MANAGEMENT  TEAM
SUBMIT  COMMENTS  REGARDING SUCH JUSTIFICATION; AND (III) THE CHANCELLOR
CERTIFY THAT THE SCHOOL-BASED BUDGET IS SUFFICIENTLY ALIGNED  WITH  SUCH

S. 6052--B                         37

SCHOOL'S  COMPREHENSIVE EDUCATIONAL PLAN AFTER REVIEWING THE PRINCIPAL'S
JUSTIFICATION AND THE SCHOOL BASED MANAGEMENT TEAM'S COMMENTS;
  f.  the aggregation of the community district budgets, as modified and
approved  by  the  chancellor, with a proposed budget for administrative
and operational expenditures of the city board and  the  chancellor,  as
prepared  by  the chancellor, for submission to and adoption by the city
board after a public hearing;
  g.  after final adoption of the budget for the city  district  by  the
mayor  and  city  council, a process of   distributing any reductions or
increases required by such adoption in an equitable manner which consid-
ers the relative needs of community districts and schools to the maximum
extent feasible and for modifying the proposed budget accordingly.  Such
process shall include an analysis of the relative funding levels of  the
state,  the  city, the federal government, and other sources of funds; a
comparison of the level of such funding against  previous  years'  total
appropriations  and actual expenditures; and an analysis of the distrib-
ution of funds;
  h.  a comprehensive system of public reporting on  the  final  enacted
budget  including  the levels of appropriation provided by the city, the
state and the federal government with a comparison of the level of  such
funding  against previous years' totals, and an explanation of the final
budget;
  i.   procedures for schools, superintendents  and  the  chancellor  to
modify and reallocate monies in the enacted budget;
  j.    a uniform system of budget requests, reports and appropriations.
Such units of appropriation shall  include  (i)  such  compensation  and
benefits  for  staff; (ii) instruction and for pupil services, including
costs for purchases, library services, instructional materials, and  all
other school-based instructional and instructional support costs attrib-
utable to other than personal services; (iii) administrative and non-in-
structional cost and (iv) extra-curricular activities;
  k.    the  provision  of appropriate technical support and training to
school personnel, parents and other participants in school-based budget-
ing;
  l. a comprehensive planning and  monitoring  process  to  promote  the
implementation of school-based budgeting;
  m.  an  annual  update  of  a  capital plan by the superintendent with
participation of principals and schools, addressing health  and  safety,
maintenance, capacity and technology; and
  n.  a  collaborative  school-based planning process involving parents,
teachers, other school personnel and,  where  appropriate,  students  to
effectuate the purposes of this section.
  S  11.  The  education  law  is  amended  by adding three new sections
2590-t, 2590-u, and 2590-v to read as follows:
  S 2590-T. NEW YORK CITY COMPTROLLER AUDITS.   THE COMPTROLLER  OF  THE
CITY  OF  NEW  YORK  SHALL HAVE THE AUTHORITY TO CONDUCT OPERATIONAL AND
PROGRAMMATIC AUDITS, IN  ADDITION  TO  FINANCIAL  AUDITS,  OF  THE  CITY
DISTRICT TO THE SAME EXTENT THAT SUCH COMPTROLLER HAS SUCH AUTHORITY FOR
AGENCIES OF THE CITY OF NEW YORK.
  S  2590-U.  NEW  YORK  CITY INDEPENDENT BUDGET OFFICE REPORTS. 1.  THE
INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK SHALL BE AUTHORIZED TO
PROVIDE ANALYSIS AND ISSUE PUBLIC REPORTS REGARDING FINANCIAL AND EDUCA-
TIONAL MATTERS OF THE CITY DISTRICT,  TO  ENHANCE  OFFICIAL  AND  PUBLIC
UNDERSTANDING OF SUCH MATTERS INCLUDING BUT NOT LIMITED TO:
  (A) STUDENT GRADUATION AND DROPOUT DATA;
  (B) STUDENT ENROLLMENT PROJECTIONS;

S. 6052--B                         38

  (C) SCHOOL UTILIZATION, CLASS SIZES AND PUPIL-TO-TEACHER RATIOS;
  (D) STUDENT ASSESSMENT DATA;
  (E)  THE  DELIVERY  OF  SERVICES  TO  STUDENTS WHO ARE IN BILINGUAL OR
ENGLISH AS A SECOND LANGUAGE PROGRAMS;
  (F) THE  DELIVERY OF SERVICES TO STUDENTS WITH DISABILITIES;
  (G) THE UTILIZATION OF FEDERAL FUNDS INCLUDING FUNDS PURSUANT TO TITLE
I OF THE ELEMENTARY AND SECONDARY  EDUCATION  ACT  OF  NINETEEN  HUNDRED
SIXTY-FIVE, AS AMENDED, DIRECTED AT PARENTAL INVOLVEMENT; AND
  (H) MATTERS RELATING TO CITY DISTRICT FINANCES.
  2.  IN ADDITION TO THE APPROPRIATION AVAILABLE PURSUANT TO SECTION TWO
HUNDRED FIFTY-NINE OF THE NEW YORK CITY CHARTER, THE CITY  OF  NEW  YORK
SHALL  APPROPRIATE  DURING EACH FISCAL YEAR AN AMOUNT TO THE INDEPENDENT
BUDGET OFFICE OF THE CITY OF NEW YORK NOT LESS THAN TWO AND ONE-HALF PER
CENTUM OF THE APPROPRIATIONS AVAILABLE TO PAY FOR THE  EXPENSES  OF  THE
OFFICE  OF  MANAGEMENT  AND  BUDGET  OF THE CITY OF NEW YORK DURING EACH
FISCAL YEAR, TO CARRY OUT THE DUTIES  AND  FUNCTIONS  ASSIGNED  IN  THIS
SUBDIVISION.
  3.    THE DIRECTOR OF THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW
YORK SHALL BE AUTHORIZED TO SECURE SUCH INFORMATION, DATA, ESTIMATES AND
STATISTICS FROM THE CITY BOARD, THE NEW YORK  CITY  SCHOOL  CONSTRUCTION
AUTHORITY AND THE CHANCELLOR AS SUCH DIRECTOR DETERMINES TO BE NECESSARY
FOR  THE PERFORMANCE OF THE FUNCTIONS AND DUTIES OF SUCH OFFICE, AND THE
CITY BOARD, THE NEW YORK CITY  SCHOOL  CONSTRUCTION  AUTHORITY  AND  THE
CHANCELLOR  SHALL  PROVIDE  SUCH  INFORMATION,  TO THE EXTENT THAT IT IS
AVAILABLE, IN A TIMELY FASHION AND IN THE FORM WHICH THE DIRECTOR OF THE
INDEPENDENT BUDGET OFFICE DEEMS MOST APPROPRIATE. THE  DIRECTOR  OF  THE
INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW YORK  SHALL NOT BE ENTITLED
TO   OBTAIN   RECORDS   WHICH   ARE  PROTECTED  BY  THE  PRIVILEGES  FOR
ATTORNEY-CLIENT COMMUNICATIONS,  ATTORNEY  WORK  PRODUCT,  AND  MATERIAL
PREPARED FOR LITIGATION.
  4.  THE  DIRECTOR  OF THE INDEPENDENT BUDGET OFFICE OF THE CITY OF NEW
YORK SHALL ENSURE THAT  SUCH  OFFICE  USES  UP-TO-DATE  APPROPRIATE  AND
PROFESSIONALLY  ACCEPTED  METHODOLOGIES IN PRODUCING ANNUAL DATA REPORTS
RELATED TO THE CITY DISTRICT AND THAT SUCH METHODOLOGIES USED ARE  IDEN-
TIFIED IN SUCH REPORTS.
  S  2590-V. ESTABLISHMENT OF THE CITY-WIDE INDEPENDENT PARENT ORGANIZA-
TION AND PARENT ACADEMY.  1. A CITY-WIDE  INDEPENDENT  PARENT  ORGANIZA-
TION, FUNDED THROUGH A THREE MILLION DOLLAR APPROPRIATION FROM THE ANNU-
AL  BUDGET  OF  THE  NEW  YORK  CITY COMMUNITY SCHOOL DISTRICT IS HEREBY
CREATED.  THE CITY-WIDE INDEPENDENT PARENT  ORGANIZATION  SHALL  PERFORM
THE FOLLOWING FUNCTIONS:
  (A)  PROVIDE  PARENTS  WITH  ONGOING  TRAINING THAT WILL ASSIST IN THE
EXERCISE OF PARENTAL RESPONSIBILITIES AND FULL PARTICIPATION WITHIN  THE
CITY DISTRICT;
  (B)  PROVIDE  PARENTS  WITH  THE ADVISORY, LEGAL AND TECHNICAL SUPPORT
REQUIRED FOR EXERCISE OF  PARENTAL  RESPONSIBILITIES  AND  FULL  PARTIC-
IPATION WITHIN THE CITY DISTRICT; AND
  (C) SUCH ENTITY SHALL BE CALLED THE PARENT ACADEMY.
  2.  (A) THE CITY-WIDE INDEPENDENT PARENT ORGANIZATION SHALL BE MANAGED
BY AN EXECUTIVE COMMITTEE, HEREAFTER REFERRED TO AS THE CITY-WIDE EXECU-
TIVE COMMITTEE, WHICH SHALL CONSIST OF THIRTEEN VOTING MEMBERS WHO SHALL
BE PARENTS OF STUDENTS CURRENTLY ENROLLED IN THE CITY DISTRICT.
  (B) MEMBERS OF THE CITY-WIDE EXECUTIVE COMMITTEE SHALL BE  ELECTED  BY
SECRET  BALLOT  BY  PARENTS  OF  STUDENTS CURRENTLY ENROLLED IN THE CITY
DISTRICT PURSUANT TO REGULATIONS PROMULGATED  BY  THE  PUBLIC  ADVOCATE.
SUCH  ELECTION PROCESS SHALL INCORPORATE PROCEDURES NECESSARY TO REFLECT

S. 6052--B                         39

THE  MULTICULTURAL,  GEOGRAPHIC  AND  SOCIOECONOMIC  DIVERSITY  OF   THE
CITY-WIDE  STUDENT  POPULATION, INCLUDING ENGLISH LANGUAGE LEARNERS, AND
PARENTS OF STUDENTS WITH INDIVIDUALIZED EDUCATION PROGRAMS.  MEMBERS  OF
THE  EXECUTIVE COMMITTEE SHALL SERVE TWO-YEAR TERMS. THIRTEEN MEMBERS OF
THE EXECUTIVE COMMITTEE SHALL BE ELECTED IN TWO THOUSAND NINE.
  (C) THE EXECUTIVE COMMITTEE OF THE CITY-WIDE INDEPENDENT PARENT ORGAN-
IZATION SHALL HAVE THE POWER TO:
  (1) EMPLOY AND SUPERVISE ADMINISTRATIVE AND PROFESSIONAL STAFF OF  THE
PARENT ACADEMY;
  (2)  CREATE A BUDGET FOR THE CITY-WIDE INDEPENDENT PARENT ORGANIZATION
AND THE PARENT ACADEMY CREATED PURSUANT TO THIS SECTION;
  (3) DISTRIBUTE FUNDS FOR THE CITY-WIDE INDEPENDENT PARENT ORGANIZATION
AND THE PARENT ACADEMY CREATED PURSUANT TO THIS SECTION;
  (4) ADVISE AND COMMENT ON THE PROCESS OF ESTABLISHING CHAPTERS OF  THE
INDEPENDENT  PARENT ORGANIZATION IN COMMUNITY SCHOOL DISTRICTS AND INDI-
VIDUAL NEW YORK CITY PUBLIC SCHOOLS;
  (5) HOLD AT LEAST ONE MEETING PER MONTH OPEN TO THE PUBLIC AND  DURING
WHICH THE PUBLIC MAY DISCUSS ISSUES FACING STUDENTS IN THE NEW YORK CITY
PUBLIC SCHOOL SYSTEM; AND
  (6) ESTABLISH RULES AND REGULATIONS FOR THE ORGANIZATION AND FUNCTION-
ING OF LOCAL CHAPTERS OF THE INDEPENDENT PARENT ORGANIZATION ESTABLISHED
PURSUANT TO THIS SECTION.
  (D)  MEMBERS  OF THE CITY-WIDE EXECUTIVE COMMITTEE SHALL NOT BE PAID A
SALARY OR STIPEND, BUT SHALL BE REIMBURSED FOR ALL ACTUAL AND  NECESSARY
EXPENSES  DIRECTLY  RELATED  TO  THE  DUTIES AND RESPONSIBILITIES OF THE
CITY-WIDE COUNCIL ON HIGH SCHOOLS.
  (E) THE EXECUTIVE COMMITTEE OF THE CITY-WIDE INDEPENDENT PARENT ORGAN-
IZATION MAY APPOINT A SECRETARY, PURSUANT TO THE POLICIES  OF  THE  CITY
BOARD WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
  (1) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (2)  RECORD  AND  MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER EXECUTIVE
COMMITTEE MEETINGS; AND
  (3) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATERI-
ALS FOR SUCH MEETINGS. THE EXECUTIVE COMMITTEE SHALL BE RESPONSIBLE  FOR
THE APPOINTMENT, SUPERVISION, EVALUATION AND DISCHARGE OF THE SECRETARY.
  (F)  NO PERSON MAY SERVE ON BOTH THE CITY-WIDE EXECUTIVE COMMITTEE AND
A COMMUNITY DISTRICT EDUCATION COUNCIL. A MEMBER OF THE CITY-WIDE EXECU-
TIVE COMMITTEE SHALL BE INELIGIBLE TO BE EMPLOYED BY SUCH  COUNCIL,  ANY
COMMUNITY DISTRICT EDUCATION COUNCIL, OR THE CITY BOARD. NO PERSON SHALL
BE  ELIGIBLE  FOR MEMBERSHIP ON THE EXECUTIVE COMMITTEE OF THE CITY-WIDE
INDEPENDENT PARENT ORGANIZATION IF HE OR SHE HOLDS ANY  ELECTIVE  PUBLIC
OFFICE  OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF DELE-
GATE OR ALTERANT DELEGATE TO A NATIONAL, STATE, JUDICIAL OR OTHER  PARTY
CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.
  3.  (A)  THE  CITY-WIDE INDEPENDENT PARENT ORGANIZATION MAY BE REPRES-
ENTED LOCALLY BY  CHAPTERS FOR EACH SCHOOL IN THE CITY DISTRICT,  FORMED
BY  PARENTS  AT  THE  SCHOOL.  SUCH CHAPTERS MAY BE FORMED FROM EXISTING
PARENT ASSOCIATIONS CREATED  PURSUANT  TO  SECTION  TWENTY-FIVE  HUNDRED
NINETY-H  OF  THIS  ARTICLE OR MAY BE FORMED INDEPENDENTLY BY INDIVIDUAL
PARENTS.
  (B) EVERY PARENT IN THE SCHOOL REPRESENTED BY A LOCAL CHAPTER  OF  THE
INDEPENDENT  PARENT  ORGANIZATION  SHALL HAVE AN EQUAL VOTE IN THE CHAP-
TER'S DECISION-MAKING PROCESS.
  (C) LOCAL CHAPTERS OF THE INDEPENDENT PARENT ORGANIZATION  SHALL  HAVE
AN  EXECUTIVE  COMMITTEE  RESPONSIBLE FOR ENCOURAGING PARENTS TO DEVELOP
PARENTING AND GOVERNING SKILLS IN THE PARENT ACADEMY.

S. 6052--B                         40

  (D) FORMATION OF A LOCAL CHAPTER OF THE INDEPENDENT  PARENT  ORGANIZA-
TION SHALL ENTITLE PARENTS IN THE RESPECTIVE SCHOOL TO ACCESS THE PARENT
ACADEMY ESTABLISHED PURSUANT TO THIS SECTION.
  S  12.  Paragraph (c) of subdivision 1 of section 414 of the education
law, as amended by chapter 257 of the laws of 1976, is amended  to  read
as follows:
  (c)  For  holding  social,  civic and recreational meetings and enter-
tainments, and other uses pertaining to the welfare  of  the  community;
but  such  meetings,  entertainment  and uses shall be non-exclusive and
shall be open to the general public.  CIVIC MEETINGS SHALL INCLUDE,  BUT
NOT  BE  LIMITED  TO, MEETINGS OF PARENT ASSOCIATIONS AND PARENT-TEACHER
ASSOCIATIONS.
  S 13. Section 19 of chapter 738 of the  laws  of  1988,  amending  the
administrative  code of the city of New York, the public authorities law
and other laws relating to the New York city school construction author-
ity, as amended by chapter 134 of the laws of 2004, is amended  to  read
as follows:
  S  19. This act shall take effect immediately, provided, however, that
the provisions of subdivision 6 of section 209 of the civil service law,
as added by section four  of  this  act,  shall  expire  and  be  deemed
repealed  on  and  after  June  30,  1995, and further provided that the
provisions of section 1735 of the public authorities law,  as  added  by
section  fourteen  of  this  act, shall expire and be deemed repealed on
June 30, [2009] 2014.
  S 14. Subdivision 1 of section 1735 of the public authorities law,  as
amended  by  chapter  410  of  the  laws  of 1999, is amended to read as
follows:
  1. Notwithstanding the provisions of paragraph b of subdivision one of
section seventeen hundred  thirty-four  of  this  title,  the  award  of
construction  contracts  by  the  authority between July first, nineteen
hundred eighty-nine and June thirtieth,  two  thousand  [two]  FOURTEEN,
shall not be subject to the provisions of section one hundred one of the
general municipal law.
  S 15. Section 34 of chapter 91 of the laws of 2002 amending the educa-
tion  law  and other laws relating to the reorganization of the New York
city school construction authority, board  of  education  and  community
boards,  as  amended  by  chapter 123 of the laws of 2003, is amended to
read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one through twenty, twenty-four, and twenty-six through thirty  of  this
act  shall expire and be deemed repealed June 30, [2009] 2015; provided,
further, that notwithstanding any provision of article 5 of the  general
construction law, on June 30, [2009] 2015 the provisions of subdivisions
3,  5,  and 8, paragraph b of subdivision 13, subdivision 14, paragraphs
b, d, and e of subdivision 15, and subdivisions 17  and  21  of  section
2554  of  the  education  law  as repealed by section three of this act,
subdivision 1 of section 2590-b of the  education  law  as  repealed  by
section  six  of  this  act,  paragraph  (a) of subdivision 2 of section
2590-b of the education law as repealed by section seven  of  this  act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as  repealed by section twenty-six of this act, subdivision 1 of section
2590-e of the education law as repealed by section twenty-seven of  this
act,  subdivision  28 of section 2590-h of the education law as repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-

S. 6052--B                         41

vision 30-a of section 2590-h  of  the  education  law  as  repealed  by
section  thirty  of  this  act  shall  be  revived  and  be read as such
provisions existed in law on the date immediately preceding  the  effec-
tive  date of this act; provided, however, that sections seven and eight
of this act shall take effect on November  30,  2003;  provided  further
that  the  amendments to subdivision 25 of section 2554 of the education
law made by section two of this act shall be subject to  the  expiration
and  reversion of such subdivision pursuant to section 12 of chapter 147
of the laws of 2001, as amended, when upon such date the  provisions  of
section four of this act shall take effect.
  S 16. Subdivisions 1 and 2 of section 306 of the education law, subdi-
vision  1  as amended by chapter 298 of the laws of 1957, are amended to
read as follows:
  1.  Whenever it shall be proved to his OR HER  satisfaction  that  any
trustee,  member  of  a board of education, clerk, collector, treasurer,
district superintendent, superintendent of schools,  CHANCELLOR  OF  THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, or other school officer is
a member of an organization listed as subversive by the board of regents
pursuant  to the provisions of section three thousand twenty-two of this
chapter, or has been guilty of any [wilful] WILLFUL violation or neglect
of duty under this chapter,  or  any  other  act  pertaining  to  common
schools  or  other educational institution participating in state funds,
or [wilfully] WILLFULLY disobeying any decision, order,  rule  or  regu-
lation  of  the  regents  or  of  the  commissioner [of education], said
commissioner, after a hearing at which the school officer shall have the
right of representation by counsel, may, by an order under  his  OR  HER
hand  and  seal,  which  order  shall  be recorded in his OR HER office,
remove such school officer from his OR HER office.
  2. [Said] THE commissioner [of education] may also withhold  from  any
district or city its share of the public money of the state for [wilful-
ly]  WILLFULLY disobeying any provision of law or any decision, order or
regulation as aforesaid.
  S 17. 1. A temporary state commission, to be known as  the  commission
on  public  safety  in the city school district of the city of New York,
and hereinafter referred to as the  commission,  is  hereby  created  to
examine,  evaluate  and  make recommendations concerning the impact that
the current chancellor's regulations  and  New  York  police  department
policies  have on student safety, welfare, and achievement. Specifically
the commission shall examine at least the following:
  (a) the impact police and school safety officers have had  on  student
safety and a safe learning environment;
  (b) the methodology used to determine how many school safety and secu-
rity officers are assigned to each school;
  (c)  the  impact of law enforcement presence and activities on student
rights and emotional welfare;
  (d) the appropriateness of the chancellor's current regulations; and
  (e) ways  community  district  superintendents,  principals,  and  law
enforcement can work in a collaborative manner to address student safety
and  provide  community  district superintendents and principals greater
input into law enforcement practices on school grounds.
  2. The commission shall consist of eleven members, to be appointed  as
follows: one member to be appointed by the New York city chancellor, one
member appointed by the New York city police commissioner, one member by
the  speaker  of  the  New York city council, one member by the New York
city public advocate, one by the collective bargaining unit representing
public school teachers, one appointed by the  organization  representing

S. 6052--B                         42

New  York  City  school  supervisors  and  each  borough president shall
appoint one parent of  a  public  school  student  who  resides  in  the
borough.  The  members  of  the  temporary  state commission established
pursuant  to  this section shall be appointed no later than September 1,
2009 and shall convene the first meeting of the commission no later than
January 1, 2010. The commission shall elect a chair, a vice-chair and  a
secretary  from  amongst  its members. Notwithstanding the provisions of
section 74 of the public officers law, section 806 of the general munic-
ipal law or any other provision of law, membership on the commission  of
any  state  or  municipal  officer  or employee shall not constitute the
violation of any code of ethics or a conflict of interest.  The  commis-
sion  shall  meet  at  least monthly. Vacancies in the membership of the
commission and among its officers shall be filled in the manner provided
for original appointments.
  3. The commission may employ and at pleasure remove such personnel  as
it may deem necessary for the performance of its functions and fix their
compensation within the amount made available therefor.
  4.  The  commission  may meet within and without the state, shall hold
public hearings, and shall have all the powers of a legislative  commit-
tee pursuant to the legislative law.  The commission shall hold at least
one  hearing  in  each  borough  of  New York city to solicit input from
members of the public, students, and community based organizations. Such
hearings shall be publicized in such manner as to solicit maximum public
participation. The members of the commission shall select the commission
chair.
  5. The sum of one hundred thousand  dollars  ($100,000),  or  so  much
thereof as may be necessary, is hereby appropriated to the commission on
public education in the city school district of the city of New York out
of any moneys in the state treasury in the general fund to the credit of
the  aid  to  localities  account,  not otherwise appropriated, and made
immediately available, for the purpose of carrying out the provisions of
this section. Such moneys shall be payable on the audit and  warrant  of
the  state comptroller on vouchers certified or approved by the New York
city chancellor of education in the manner prescribed by law.
  6. The members of the commission shall  receive  no  compensation  for
their services, but shall be allowed their actual and necessary expenses
incurred in the performance of their duties pursuant to this section.
  7. To the maximum extent feasible, the commission shall be entitled to
request and receive, and shall utilize and be provided with such facili-
ties,  resources  and  data  of any department, division, board, bureau,
commission or agency of the state or any political  subdivision  thereof
as it may reasonably request to properly carry out its powers and duties
pursuant  to this section. The speaker of the city council shall provide
administrative support as necessary for  the  commission  to  carry  out
powers and duties of the commission.
  8.  The  commission  shall make a report to the chancellor of New York
city schools, the city board, the New York city police  department,  the
mayor  of  New  York city, the speaker of the New York city council, the
commissioner of education, and the  chair  and  ranking  member  of  the
senate  and  assembly  education committees of its findings, conclusions
and recommendations on or before June 30, 2010, and  shall  submit  with
such  report  such legislative proposals as it deems necessary to imple-
ment its recommendations.
  9. The temporary state commission established pursuant to this section
shall expire and be terminated on the first day next succeeding the date
of the submission of its report as provided in subdivision eight of this

S. 6052--B                         43

section, and the chairperson of the temporary  commission  shall  notify
the  legislative  bill  drafting  commission  upon the submission of the
commission's report as provided for in subdivision eight of this section
in  order that the commission may maintain an accurate and timely effec-
tive data base of the official text of the laws of the state of New York
in furtherance of effecting the provisions of section 44 of the legisla-
tive law and section 70-b of the public officers law.
  S 17-a. Commission on public education in the city  of  New  York.  1.
There is hereby established a commission on public education in the city
of  New  York  set  to  establish broad-based community consensus on the
future mission, core  principles,  goals,  accountabilities  and  policy
framework  for public primary and secondary education in the city of New
York; and submit its report and recommendations to the state legislature
and the city council of the city of New York for their consideration.
  2. The commission shall submit its report and recommendations pursuant
to subdivision one of this section to the legislature and the city coun-
cil of the city of New York by September 30, 2010.
  3. The commission may consult with such specialists in  the  field  of
public  education, management, and governance as it chooses. The commis-
sion shall draft a report and recommendations that articulate  a  broad-
based  community  consensus  on  the  future,  mission, core principles,
goals, accountabilities and policy  framework  for  public  primary  and
secondary  education  in the city of New York, and which promises trans-
parency, systematic constituent  involvement  in  decision-making,  high
levels  of student achievement across all subject areas, and high levels
of parent, student and employee involvement and satisfaction.
  4. Commission members shall serve at the  pleasure  of  the  selection
committee.  The  selection  committee shall be appointed as follows: one
education expert or advocate shall be appointed by each of the governor,
the mayor of the city of New York, and each of the chairs of the senate,
assembly, and city council education committees. The appointments  shall
be  completed by September 30, 2009. The selection committee shall empa-
nel a commission of fifty to sixty members that (a)  genuinely  reflects
the diverse composition of the public school communities within all five
boroughs  of  the city of New York, especially with respect to socioeco-
nomic status, race, gender, language,  national  origin  and  disability
status;  and  (b) is composed of a majority of members who represent the
interests of parents, students, teachers, administrators, and  community
members  in  the  development of the commission's report and recommenda-
tions. The selection committee may select commission members through  an
open  application  process in all five boroughs. The selection committee
shall advise and consult with the commission concerning  the  means  for
establishing  a  broad-based community consensus on the future, mission,
core principles, goals, accountabilities and policy framework for public
primary and secondary education in the city of New York.  The  selection
committee may advise and consult with the commission during the drafting
process.
  5. Moneys appropriated by the state shall be used to facilitate train-
ing  of  the  commission  members in collaborative decision-making proc-
esses, for member reimbursement of actual and  necessary  expenses,  for
translation  services,  and  for  the production of the final report and
recommendations. The chancellor of the city school district of the  city
of  New  York  shall provide administrative and technical support to the
commission, and shall provide meeting space  as  necessary  pursuant  to
subdivision 6 of this section.

S. 6052--B                         44

  6.  The  commission's meetings shall be publicly noticed, at least ten
days in advance, and shall be open to the public. The  commission  shall
have  the  option,  but  not the obligation, to schedule time for public
comment, and that decision shall be noticed in the commission's  meeting
notice. Commission meetings shall be held at New York city department of
education schools in all five boroughs, at no expense to the commission.
The  New York city board of education shall facilitate such meetings, by
making appropriate space and furniture available, and by  providing  any
needed  site  supervision personnel. The commission may meet as a whole,
and in borough or other subcommittees at its discretion. Meeting minutes
shall be kept for all meetings, and  shall  be  made  available  to  the
public, on a website to be developed by the commission. Contemporaneous-
ly  with the submission to the legislature of the report and recommenda-
tions, the commission shall report to the legislature that its recommen-
dations are based on a broad-based community consensus and shall specify
the means through which such consensus was established.
  7. The sum of one hundred thousand  dollars  ($100,000),  or  so  much
thereof as may be necessary, is hereby appropriated to the commission on
public  education out of any moneys in the state treasury in the general
fund to the credit of the  aid  to  localities  account,  not  otherwise
appropriated,  and made immediately available, for the purpose of carry-
ing out the provisions of this section. Such moneys shall be payable  on
the  audit and warrant of the state comptroller on vouchers certified or
approved by the New York city chancellor  of  education  in  the  manner
prescribed by law.
  S  18. Section 1728 of the public authorities law is amended by adding
a new subdivision 18 to read as follows:
  18. THE AUTHORITY SHALL PROVIDE TO THE NEW YORK CITY INDEPENDENT BUDG-
ET OFFICE SUCH INFORMATION, DATA, ESTIMATES AND STATISTICS AS THE DIREC-
TOR DETERMINES TO BE NECESSARY FOR THE PERFORMANCE OF THE FUNCTIONS  AND
DUTIES  OF  SUCH  OFFICE, IN A TIMELY FASHION, AND IN THE FORM WHICH THE
DIRECTOR DEEMS MOST APPROPRIATE. THE DIRECTOR OF THE INDEPENDENT  BUDGET
OFFICE  OF  THE CITY OF NEW YORK SHALL NOT BE ENTITLED TO OBTAIN RECORDS
WHICH ARE PROTECTED  BY  THE  PRIVILEGES  FOR  ATTORNEY-CLIENT  COMMUNI-
CATIONS, ATTORNEY WORK PRODUCT, AND MATERIAL PREPARED FOR LITIGATION.
  S  19.    Severability. If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,
the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S 20. This act shall take effect immediately, except that if this  act
shall  have  become a law on or after June 30, 2009, this act shall take
effect immediately and shall be deemed to have been in  full  force  and
effect on and after June 30, 2009; provided that:
  1. sections one, two, three, four, five, six, seven, eight, nine, ten,
eleven and twelve of this act shall take effect June 30, 2009;
  2.    the  amendments  to  section 2590-b of the education law made by
section one of this act shall not affect the  expiration  or  repeal  of
certain  provisions  of  such  section  and  shall  expire and be deemed
repealed therewith;
  3.  the amendments to section 2590-c of  the  education  law  made  by
section  two of this act shall not affect the repeal of such section and
shall be deemed repealed therewith;

S. 6052--B                         45

  4.  the amendments to subdivision 1 of section 2590-d of the education
law made by section three of this act shall not affect the expiration of
such section and shall be deemed to expire therewith;
  5.  the  amendments  to  section  2590-e  of the education law made by
section four of this act shall not affect the repeal of such section and
shall expire and be deemed repealed therewith;
  6. the amendments to paragraphs (s)  and  (t)  of  subdivision  1  and
subdivisions  2  and  3  of  section 2590-f of the education law made by
section five of this act shall not affect the expiration  and  reversion
of  such  provisions  and shall expire and be deemed repealed therewith;
provided further that the amendments to paragraph (u) of  subdivision  1
of  section 2590-f of the education law made by section five of this act
shall not affect the repeal of such paragraph and shall  expire  and  be
deemed repealed therewith;
  7.  the  amendments  to  section  2590-g  of the education law made by
section six of this act shall not affect the expiration and reversion of
such section and shall expire and be deemed repealed therewith;
  8. the amendments to section 2590-h  of  the  education  law  made  by
section  seven of this act shall not affect the expiration and repeal of
certain provisions of such  section  and  shall  expire  and  be  deemed
repealed therewith;
  9.  the amendments to paragraph (c) of subdivision 2 of section 2590-i
of the education law made by section eight of this act shall not  affect
the  expiration  and reversion of such paragraph and shall expire and be
deemed repealed therewith;
  10. the amendments to subdivision 3 of section 2590-p of the education
law made by section nine of this act shall not affect the expiration and
reversion of such subdivision and shall expire and  be  deemed  repealed
therewith;
  11.  the amendments to section 1735 of the public authorities law made
by  section  thirteen  of  this  act shall not affect the repeal of such
section and shall be deemed repealed therewith; and
  12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section  17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, 2015.