N.Y. Education Law § 2556: Buildings, sites, et cetera

§ 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.

* 5-a. (a) Notwithstanding subdivision three-a of section four hundred

eight of this chapter, it shall be unlawful for a new schoolhouse to be

constructed in the city of New York within five hundred feet of a

controlled-access highway unless (i) the president of the New York city

school construction authority determines that there is no other

appropriate site to erect such schoolhouse; (ii) if such schoolhouse is

planned to contain a secondary school, the community district, as such

term is defined in section twenty-five hundred ninety-a of this title,

in which the site of such schoolhouse is to be located has a projected

enrollment rate for secondary school education greater than seventy

percent of its capacity, based on the most recent report issued pursuant

to section 21-988 of the administrative code of the city of New York;

(iii) if such schoolhouse is planned to contain an elementary school or

a middle school, the subdistrict, as such term is defined in section

21-989 of the administrative code of the city of New York, in which the

site of such schoolhouse is to be located has a projected enrollment

rate for elementary school education or middle school education, as

applicable, greater than seventy percent of capacity, based on the most

recent report issued pursuant to section 21-988 of the administrative

code of the city of New York; (iv) the site of such schoolhouse is

located on a property a portion of which is used or is planned to be

used for residential or commercial purposes; or (v) plans for such

schoolhouse include adequate engineering controls to address air

quality, based on regulations promulgated by the New York city

department of environmental protection.

(b) For purposes of this subdivision, neither the construction of a

new schoolhouse upon the site of an existing schoolhouse nor an addition

nor an annex constructed to serve an existing schoolhouse shall be

considered construction of a new schoolhouse.

(c) For purposes of this subdivision, a "controlled-access highway"

shall mean: (i) a controlled-access highway as defined by section one

hundred nine of the vehicle and traffic law under the jurisdiction of

the commissioner of transportation which has been functionally

classified by the department of transportation as principal arterial -

interstate or principal arterial - other freeway/expressway on official

functional classification maps approved by the federal highway

administration pursuant to part 470.105 of title 23 of the code of

federal regulations, as amended from time to time; and (ii) a divided

highway under the jurisdiction of the New York state thruway authority

for mixed traffic with access limited as the authority may determine and

generally with grade separations at intersections.

(d) Nothing in this subdivision shall be construed to create a private

right of action to enforce the terms of this subdivision.

* NB Effective December 21, 2029

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.