Legislation
SECTION 2556
Buildings, sites, et cetera
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 52
§ 2556. Buildings, sites, et cetera. 1. A board of education is
authorized and it shall have power to purchase, repair, remodel, improve
or enlarge school buildings or other buildings or sites, and to
construct new buildings, subject to such limitations and restrictions
and exceptions as are herein provided.
2. Whenever in the judgment of a board of education it is necessary to
select a new site, or to enlarge a present site, or to designate a
playground or recreation center, or to acquire title to or lease real
property for other educational purposes authorized by this chapter, such
board may take options on property desirable for such purposes but
before taking title thereto shall pass a resolution stating the
necessity therefor, describing by metes and bounds the grounds or
territory desired for each of such purposes, and estimating the amount
of funds necessary therefor. An item for such amount, if funds are not
available for the purchase or lease of such property, may be included in
the next annual budget, if not included in a special budget as herein
provided.
3. Whenever in the judgment of a board of education the needs of the
city require a new building for school purposes or for recreation or
other educational purposes authorized by this chapter, or when in its
judgment a building should be remodelled or enlarged, such board shall
pass a resolution specifying in detail the necessity therefor and
estimating the amount of funds necessary for such purpose. An item for
such amount, if funds are not available for the construction of such
building, may be included in the next annual budget, if not included in
a special budget as herein provided.
4. No site shall be designated except upon a majority vote of a board
of education and no building shall be constructed, remodelled or
enlarged until the plans and specifications therefor are approved by the
board of education.
5. It shall be unlawful for a schoolhouse to be constructed in the
city of New York without an open-air playground attached to or used in
connection with the same. Existing playgrounds shall not be sold, leased
or transferred, or permanently authorized for other uses such as school
building construction, renovation, placement or storage of building
materials for such work that would eliminate the use of such playground
space for outdoor recreational activities unless a plan is established
and implemented to provide suitable and adequate physical activities or
space to accommodate the physical and recreational needs of the pupils
of such building. The provisions of this subdivision shall not apply to
school construction or renovation activities that occur on or require
the use of such playgrounds for a duration of no more than one year.
6. After a site has been selected and plans and specifications for a
building thereon have been approved as provided herein, a board of
education in a city having a population of more than four hundred
thousand but less than one million may, in its discretion, by regulation
deliver such plans and specifications to the common council or other
local legislative body which may thereupon, in its discretion, award a
contract for the erection of such building in the same manner and in
accordance with the provisions of law regulating the awarding of
contracts for the construction of municipal buildings of such city.
7. a. The board of education of the city of New York, with the
permission of the department of parks and of the board of estimate, may
construct schoolhouses and school playgrounds upon a portion of the
public parks in the district east of the Bowery and Catharine street and
south of Fourth street in such city.
b. The board of education of the city of New York, with the permission
of the department of parks and recreation and of the board of estimate,
may construct a temporary schoolhouse upon a portion of a public park in
the borough of Queens, commonly referred to as Equity Park.
Notwithstanding any inconsistent provision of subdivision nine of this
section, such park land shall revert to the control and management of
the department of parks and recreation seven years after the date of the
completion of the construction of such temporary schoolhouse without
further action of the board of education or of the board of estimate.
8. In a city having a population of one hundred twenty-five thousand
or more and less than two hundred fifty thousand in which the common
council, the board of estimate and apportionment and the board of
contract and supply and the commissioner of public works or other city
officials, or any one or more thereof, had the authority under the law
in force prior to June eighth, nineteen hundred seventeen, to erect,
remodel, improve, or enlarge school buildings or to purchase supplies or
real property for any school purpose, such officers, board or boards
shall continue to possess such powers and duties and to perform such
functions.
9. When the real property of a city under the control and management
of the board of education is no longer needed for educational purposes
in the city, such board shall notify the common council of such fact and
in a city having no common council, the council or other legislative
body or the commissioners of the sinking fund, and such common council
or such council or body or such commissioners of the sinking fund, as
the case may be, may then sell or dispose of such property in the manner
in which other real property owned by the city may be sold or disposed
of and the proceeds thereof shall be credited to the funds under the
control and administration of the board of education in such city,
except that in a city where the proceeds of such sales were required by
statute, in effect prior to June eighth, nineteen hundred seventeen, to
be paid to the credit of the sinking fund established and maintained
therein, the proceeds of such sales shall continue to be paid to the
credit of the sinking fund of such city as required by statute, and
except that in a city having a council or a board of estimate and
apportionment, such council or board may, by resolution, authorize the
use of the proceeds of such sale for other municipal purposes.
10. The board of education shall let all contracts for public work and
all purchase contracts to the lowest responsible bidder after
advertisement for bids where so required by section one hundred three of
the general municipal law.
10-a. In a city having a population of one million or more if the
several parts of the work or labor to be done and/or the supplies,
materials and equipment to be furnished shall together involve an
expenditure of not more than fifteen thousand dollars, the same may be
procured on order awarded to the lowest responsible bidder upon bids
submitted without public advertisement under such regulations as shall
be made by the board of education. Purchases of two hundred fifty
dollars or less may be made without competition.
11. In all contracts by a board of education, in a city having a
population of one million or more, for the construction, repair,
alteration or remodeling of buildings or for the purchase of supplies,
furniture or equipment, a stipulation may be inserted for liquidated
damages for any breach, failure or delay in the performance thereof; and
such board of education is authorized and empowered to remit the whole
or any part of such damages as in its discretion may be just and
equitable; and in all suits commenced on any such contracts or on any
bond given in connection therewith it shall not be necessary for such
board, whether plaintiff or defendant, to prove actual or specific
damages sustained by reason of any such breach, failure or delay, but
such stipulation for liquidated damages shall be conclusive and binding
upon all parties.
12. In a city having a population of one million or more a board of
education may make rules and regulations governing the qualifications of
bidders entering into contracts for the erection and construction of
buildings, and for the alteration of buildings when the entire cost of
such alteration shall exceed twenty-five thousand dollars. The bidding
may be restricted to those who shall have qualified prior to the receipt
of bids according to standards fixed by the board of education, provided
that notice or notices for the submission of qualifications shall be
published in the official publication of the municipality, and in an
appropriate trade journal published in such city, at least once, not
less than ten days prior to the date fixed for the filing of
qualifications.
13. A board of education, in a city having a population of one million
or more, may through its duly designated officers, agents or employees
enter upon public or private property for the purpose of making surveys,
soundings or test borings necessary for the exercise of the powers or
the performance of the duties, of such board of education, provided
however, that the mayor had formally approved the acquisition of the
real property as a school site.
14. a. The chancellor of a city school district in a city having a
population of one million or more shall compile an inventory of and
issue a written report about the outdoor schoolyards in the city school
district. Such inventory and report shall:
(i) identify each outdoor schoolyard located at educational
facilities, as defined in subdivision nine of section twenty-five
hundred ninety-a of this title, of the city school district. Each
outdoor schoolyard shall be identified by the community school district
in which the outdoor schoolyard is located, its address, approximate
size and physical condition;
(ii) identify which outdoor schoolyards are used for physical
education, activity and/or recreation; for each such outdoor schoolyard,
a description of how often students of the city school district use the
outdoor schoolyard and any limitations on the uses of the schoolyard;
(iii) identify which outdoor schoolyards are not used for physical
education, activity or recreation. For each such schoolyard, an
explanation of why it is not being used for physical education, physical
activity or recreation by students of the city school district;
(iv) whether each outdoor schoolyard is used and the frequency of such
use during the school day and whether it is available for use by
students or the general public during after school hours;
(v) for each outdoor schoolyard, a description of the capital plans
for construction, placement, renovation and/or reconfiguration thereof,
and any plan to increase or decrease the availability and utilization
thereof; and
(vi) any other facts, information and recommendations which the
chancellor deems necessary to improve the outdoor schoolyards of the
educational facilities of the city school district. Such improvements
shall be those that enhance the physical education, physical and mental
fitness, and well-being of the students of the city school district.
b. On or before December thirty-first, two thousand twelve, the
chancellor shall submit the inventory and report, compiled pursuant to
paragraph a of this subdivision, to the governor, the temporary
president of the senate, the speaker of the assembly, the chairs of the
senate and assembly committees on education, and the department.
c. For the purposes of this subdivision, "outdoor schoolyard" means
outdoor space which is located at educational facilities, and is used or
intended to be used by students for physical education, physical
activity and/or recreation.
15. a. The chancellor of a city school district in a city having a
population of one million or more shall compile an inventory of and
issue a written report and develop recommendations regarding
transportable classroom units ("TCU" or also commonly known as a
"trailer"). Such inventory, report and recommendations shall:
(i) identify each transportable classroom unit located in the city
school district. Each transportable classroom unit shall be identified
by the community school district in which it is located, its address
with identification of any school building it is part of or associated
with, its approximate size, its age, and a description of its physical
condition;
(ii) identify the number of students served within each transportable
classroom unit, including the grade level of such students, if
applicable, the average class size within each transportable classroom
unit, and a description of the amount of the school day the students
spend within each transportable classroom unit;
(iii) provide recommendations to minimize the number of transportable
classroom units within the city school district.
b. On or before December thirty-first, two thousand seventeen, the
chancellor shall submit the inventory, report, and the recommendations
to minimize the number of transportable classroom units within the city
school district, compiled and developed pursuant to paragraph a of this
subdivision, to the governor, the temporary president of the senate, the
speaker of the assembly, the chairs of the senate and assembly
committees on education, and the department. Annually, on or before
December thirty-first, the chancellor shall update such inventory,
report and recommendations and provide such updated information and
recommendations to the governor, the temporary president of the senate,
the speaker of the assembly, the chairs of the senate and assembly
committees on education, and the department.
authorized and it shall have power to purchase, repair, remodel, improve
or enlarge school buildings or other buildings or sites, and to
construct new buildings, subject to such limitations and restrictions
and exceptions as are herein provided.
2. Whenever in the judgment of a board of education it is necessary to
select a new site, or to enlarge a present site, or to designate a
playground or recreation center, or to acquire title to or lease real
property for other educational purposes authorized by this chapter, such
board may take options on property desirable for such purposes but
before taking title thereto shall pass a resolution stating the
necessity therefor, describing by metes and bounds the grounds or
territory desired for each of such purposes, and estimating the amount
of funds necessary therefor. An item for such amount, if funds are not
available for the purchase or lease of such property, may be included in
the next annual budget, if not included in a special budget as herein
provided.
3. Whenever in the judgment of a board of education the needs of the
city require a new building for school purposes or for recreation or
other educational purposes authorized by this chapter, or when in its
judgment a building should be remodelled or enlarged, such board shall
pass a resolution specifying in detail the necessity therefor and
estimating the amount of funds necessary for such purpose. An item for
such amount, if funds are not available for the construction of such
building, may be included in the next annual budget, if not included in
a special budget as herein provided.
4. No site shall be designated except upon a majority vote of a board
of education and no building shall be constructed, remodelled or
enlarged until the plans and specifications therefor are approved by the
board of education.
5. It shall be unlawful for a schoolhouse to be constructed in the
city of New York without an open-air playground attached to or used in
connection with the same. Existing playgrounds shall not be sold, leased
or transferred, or permanently authorized for other uses such as school
building construction, renovation, placement or storage of building
materials for such work that would eliminate the use of such playground
space for outdoor recreational activities unless a plan is established
and implemented to provide suitable and adequate physical activities or
space to accommodate the physical and recreational needs of the pupils
of such building. The provisions of this subdivision shall not apply to
school construction or renovation activities that occur on or require
the use of such playgrounds for a duration of no more than one year.
6. After a site has been selected and plans and specifications for a
building thereon have been approved as provided herein, a board of
education in a city having a population of more than four hundred
thousand but less than one million may, in its discretion, by regulation
deliver such plans and specifications to the common council or other
local legislative body which may thereupon, in its discretion, award a
contract for the erection of such building in the same manner and in
accordance with the provisions of law regulating the awarding of
contracts for the construction of municipal buildings of such city.
7. a. The board of education of the city of New York, with the
permission of the department of parks and of the board of estimate, may
construct schoolhouses and school playgrounds upon a portion of the
public parks in the district east of the Bowery and Catharine street and
south of Fourth street in such city.
b. The board of education of the city of New York, with the permission
of the department of parks and recreation and of the board of estimate,
may construct a temporary schoolhouse upon a portion of a public park in
the borough of Queens, commonly referred to as Equity Park.
Notwithstanding any inconsistent provision of subdivision nine of this
section, such park land shall revert to the control and management of
the department of parks and recreation seven years after the date of the
completion of the construction of such temporary schoolhouse without
further action of the board of education or of the board of estimate.
8. In a city having a population of one hundred twenty-five thousand
or more and less than two hundred fifty thousand in which the common
council, the board of estimate and apportionment and the board of
contract and supply and the commissioner of public works or other city
officials, or any one or more thereof, had the authority under the law
in force prior to June eighth, nineteen hundred seventeen, to erect,
remodel, improve, or enlarge school buildings or to purchase supplies or
real property for any school purpose, such officers, board or boards
shall continue to possess such powers and duties and to perform such
functions.
9. When the real property of a city under the control and management
of the board of education is no longer needed for educational purposes
in the city, such board shall notify the common council of such fact and
in a city having no common council, the council or other legislative
body or the commissioners of the sinking fund, and such common council
or such council or body or such commissioners of the sinking fund, as
the case may be, may then sell or dispose of such property in the manner
in which other real property owned by the city may be sold or disposed
of and the proceeds thereof shall be credited to the funds under the
control and administration of the board of education in such city,
except that in a city where the proceeds of such sales were required by
statute, in effect prior to June eighth, nineteen hundred seventeen, to
be paid to the credit of the sinking fund established and maintained
therein, the proceeds of such sales shall continue to be paid to the
credit of the sinking fund of such city as required by statute, and
except that in a city having a council or a board of estimate and
apportionment, such council or board may, by resolution, authorize the
use of the proceeds of such sale for other municipal purposes.
10. The board of education shall let all contracts for public work and
all purchase contracts to the lowest responsible bidder after
advertisement for bids where so required by section one hundred three of
the general municipal law.
10-a. In a city having a population of one million or more if the
several parts of the work or labor to be done and/or the supplies,
materials and equipment to be furnished shall together involve an
expenditure of not more than fifteen thousand dollars, the same may be
procured on order awarded to the lowest responsible bidder upon bids
submitted without public advertisement under such regulations as shall
be made by the board of education. Purchases of two hundred fifty
dollars or less may be made without competition.
11. In all contracts by a board of education, in a city having a
population of one million or more, for the construction, repair,
alteration or remodeling of buildings or for the purchase of supplies,
furniture or equipment, a stipulation may be inserted for liquidated
damages for any breach, failure or delay in the performance thereof; and
such board of education is authorized and empowered to remit the whole
or any part of such damages as in its discretion may be just and
equitable; and in all suits commenced on any such contracts or on any
bond given in connection therewith it shall not be necessary for such
board, whether plaintiff or defendant, to prove actual or specific
damages sustained by reason of any such breach, failure or delay, but
such stipulation for liquidated damages shall be conclusive and binding
upon all parties.
12. In a city having a population of one million or more a board of
education may make rules and regulations governing the qualifications of
bidders entering into contracts for the erection and construction of
buildings, and for the alteration of buildings when the entire cost of
such alteration shall exceed twenty-five thousand dollars. The bidding
may be restricted to those who shall have qualified prior to the receipt
of bids according to standards fixed by the board of education, provided
that notice or notices for the submission of qualifications shall be
published in the official publication of the municipality, and in an
appropriate trade journal published in such city, at least once, not
less than ten days prior to the date fixed for the filing of
qualifications.
13. A board of education, in a city having a population of one million
or more, may through its duly designated officers, agents or employees
enter upon public or private property for the purpose of making surveys,
soundings or test borings necessary for the exercise of the powers or
the performance of the duties, of such board of education, provided
however, that the mayor had formally approved the acquisition of the
real property as a school site.
14. a. The chancellor of a city school district in a city having a
population of one million or more shall compile an inventory of and
issue a written report about the outdoor schoolyards in the city school
district. Such inventory and report shall:
(i) identify each outdoor schoolyard located at educational
facilities, as defined in subdivision nine of section twenty-five
hundred ninety-a of this title, of the city school district. Each
outdoor schoolyard shall be identified by the community school district
in which the outdoor schoolyard is located, its address, approximate
size and physical condition;
(ii) identify which outdoor schoolyards are used for physical
education, activity and/or recreation; for each such outdoor schoolyard,
a description of how often students of the city school district use the
outdoor schoolyard and any limitations on the uses of the schoolyard;
(iii) identify which outdoor schoolyards are not used for physical
education, activity or recreation. For each such schoolyard, an
explanation of why it is not being used for physical education, physical
activity or recreation by students of the city school district;
(iv) whether each outdoor schoolyard is used and the frequency of such
use during the school day and whether it is available for use by
students or the general public during after school hours;
(v) for each outdoor schoolyard, a description of the capital plans
for construction, placement, renovation and/or reconfiguration thereof,
and any plan to increase or decrease the availability and utilization
thereof; and
(vi) any other facts, information and recommendations which the
chancellor deems necessary to improve the outdoor schoolyards of the
educational facilities of the city school district. Such improvements
shall be those that enhance the physical education, physical and mental
fitness, and well-being of the students of the city school district.
b. On or before December thirty-first, two thousand twelve, the
chancellor shall submit the inventory and report, compiled pursuant to
paragraph a of this subdivision, to the governor, the temporary
president of the senate, the speaker of the assembly, the chairs of the
senate and assembly committees on education, and the department.
c. For the purposes of this subdivision, "outdoor schoolyard" means
outdoor space which is located at educational facilities, and is used or
intended to be used by students for physical education, physical
activity and/or recreation.
15. a. The chancellor of a city school district in a city having a
population of one million or more shall compile an inventory of and
issue a written report and develop recommendations regarding
transportable classroom units ("TCU" or also commonly known as a
"trailer"). Such inventory, report and recommendations shall:
(i) identify each transportable classroom unit located in the city
school district. Each transportable classroom unit shall be identified
by the community school district in which it is located, its address
with identification of any school building it is part of or associated
with, its approximate size, its age, and a description of its physical
condition;
(ii) identify the number of students served within each transportable
classroom unit, including the grade level of such students, if
applicable, the average class size within each transportable classroom
unit, and a description of the amount of the school day the students
spend within each transportable classroom unit;
(iii) provide recommendations to minimize the number of transportable
classroom units within the city school district.
b. On or before December thirty-first, two thousand seventeen, the
chancellor shall submit the inventory, report, and the recommendations
to minimize the number of transportable classroom units within the city
school district, compiled and developed pursuant to paragraph a of this
subdivision, to the governor, the temporary president of the senate, the
speaker of the assembly, the chairs of the senate and assembly
committees on education, and the department. Annually, on or before
December thirty-first, the chancellor shall update such inventory,
report and recommendations and provide such updated information and
recommendations to the governor, the temporary president of the senate,
the speaker of the assembly, the chairs of the senate and assembly
committees on education, and the department.