N.Y. Education Law § 2590-e: Powers and duties of community district education council

* § 2590-e. Powers and duties of community district education council.

Each community council shall have the following powers and duties to

establish educational policies and objectives, not inconsistent with the

provisions of this article and the policies established by the city

board, with respect to all pre-kindergarten, nursery, kindergarten,

elementary, intermediate and junior high schools and programs in

connection therewith in the community district. The community councils

shall have no executive or administrative powers or functions, but shall

have the following powers and duties:

3. promote achievement of educational standards and objectives

relating to the instruction of students.

4. cooperate as required by the chancellor in the removal from office

pursuant to section twenty-five hundred ninety-l of this article of any

community council member for willful, intentional or knowing involvement

in the hiring, appointment or assignment of employees other than as

specifically authorized in this article.

5. a. require community council members, the community superintendent,

and any other officer or employee in schools and programs under the

jurisdiction of the community councils, to make annual written

disclosure, in accordance with regulations and bylaws of the city board

developed in consultation with the community councils, to the community

council and the city board, of the following information:

(1) the employment by the city school board or any community council

of any person related within the third degree of consanguinity or

affinity to the person making disclosure, including the employment of

any such person for which a two-thirds vote was required under paragraph

e of subdivision four of section twenty-five hundred ninety-j of this

chapter with a notation of the date such vote was taken.

(2) the source of any income, reimbursement, gift or other form of

compensation for services rendered together with a description of such

services.

(3) the source of any financial contribution made within the year

preceding the election or the term of office of a community district

education council member to assist in the election or reelection of such

member of the community council, and the amount of such contribution,

consistent with any applicable regulations of the city board and the

board of elections.

b. willful or repeated failure to make full and timely disclosure

shall constitute cause for removal from office of any member of a

community council or for any other officer or employee disciplinary

action and such other penalty as provided by law.

c. all written disclosures required hereunder shall be filed with the

community council and the city board and shall be available for public

inspection during regular business hours on regular business days.

6. require community council members, candidates for community

district education councils, the community superintendent and, for good

cause shown, any other officer or employee in schools and programs under

the jurisdiction of the community councils to submit to the city board

and the community councils, in accordance with regulations and bylaws of

the city board developed in consultation with the community councils,

financial reports for themselves and their spouses.

a. the frequency and period of coverage, the designation of persons to

submit such reports by name, title or income level or by a combination

thereof, and the content of such reports, including minimum dollar

amounts, shall be determined by the city board.

b. willful or repeated failure to file required financial reports or

make other required disclosures shall constitute cause for removal from

office of any member of a community council or for any other officer or

employee disciplinary action and such other penalty as provided by law.

No person may assume office as a community council member without

previously complying with this subdivision, subdivision five of this

section, and with all applicable financial disclosure requirements

promulgated by the board of elections.

7. participate in training and continuing education programs pursuant

to the provisions of this subdivision.

(1) Community district education council members shall participate in

training to acquaint them with the powers, functions and duties of

community council members, as well as the powers of other governing and

administering authorities that affect education including the powers of

the commissioner, city board, chancellor and community superintendents.

Such participation shall be completed no later than three months from

the date in which a community council member takes office for the first

time.

(2) Each community district education council member shall be required

to participate in continuing education programs on an annual basis as

defined by the chancellor. Participation in training pursuant to

paragraph one of this subdivision by a community district education

council member who takes office for the first time shall be deemed to

satisfy the requirements of this subdivision for the first year of such

member's term.

(3) such training and continuing education programs shall be approved

by the chancellor, following consultation with the commissioner, and may

be provided by the state education department, the city board, the

chancellor or a nonprofit provider authorized by the chancellor to

provide such training and continuing education programs.

(4) the chancellor is authorized to promulgate regulations regarding

providers and their certification, the content and implementation of the

training and continuing education programs. Any such regulations shall

be developed after consultation with the commissioner.

(5) such training and continuing education programs shall be offered

by the chancellor on an annual basis or more frequently, as needed, to

enable community council members to comply with this subdivision.

(6) failure of community council members to comply with the training

and continuing education requirements mandated by this subdivision shall

constitute cause for removal from office pursuant to section twenty-five

hundred ninety-1 of this article.

8. Each year prepare a school district report card pursuant to

regulations of the commissioner, and shall make it publicly available by

transmitting it to local newspapers of general circulation, appending it

to copies of the proposed budget made publicly available as required by

law, making it available for distribution at the annual meeting, and

otherwise disseminating it as required by the commissioner. Such report

card shall include measures of the academic performance of the school

district, on a school by school basis, and measures of the fiscal

performance of the district, as prescribed by the commissioner. Pursuant

to regulations of the commissioner, the report card shall also compare

these measures to statewide averages for all public schools, and

statewide averages for public schools of comparable wealth and need,

developed by the commissioner. Such report card shall include, at a

minimum, any information on the school district regarding pupil

performance and expenditure per pupil required to be included in the

annual report by the requests to the governor and the legislature

pursuant to section two hundred fifteen-a of this chapter; and any other

information required by the commissioner. School districts (i)

identified as having fifteen percent or more of their students in

special education, or (ii) which have fifty percent or more of their

students with disabilities in special education programs or services

sixty percent or more of the school day in a general education building,

or (iii) which have eight percent or more of their students with

disabilities in special education programs in public or private separate

educational settings shall indicate on their school district report card

their respective percentages as defined in this paragraph and paragraphs

(i) and (ii) of this subdivision as compared to the statewide average.

9. Subject to paragraph (o) of subdivision one of section twenty-five

hundred ninety-f of this article, to employ or retain counsel subject to

the powers and duties of the corporation counsel of the city of New York

to be the district's attorney and counsel pursuant to subdivision a of

section three hundred ninety-four of the New York city charter in

actions or proceedings in which the council or any member thereof is a

defendant or a respondent.

10. Where the district has provided transportation to students

enrolled in such district to a school sponsored field trip,

extracurricular activity or any other similar event, it shall provide

transportation back to either the point of departure or to the

appropriate school in the district, unless the parent or legal guardian

of a student participating in such event has provided the school

district with written notice, consistent with district policy,

authorizing an alternative form of return transportation for such

student or unless intervening circumstances make such transportation

impractical. In cases where intervening circumstances make

transportation of a student back to the point of departure or to the

appropriate school in the district impractical, a representative of the

school district shall remain with the student until such student's

parent or legal guardian has been (a) contacted and informed of the

intervening circumstances which make such transportation impractical and

(b) such student had been delivered to his or her parent or legal

guardian.

11. Approve zoning lines, as submitted by the superintendent,

consistent with the regulations of the chancellor, applicable to schools

under the jurisdiction of the community district.

12. Hold meetings at least every month with the superintendent to

discuss the current state of the schools in the district and progress

made toward the implementation of the district's comprehensive education

plan required by the chancellor.

13. Review of the district's educational programs and assess their

effect on student achievement.

14. Hold public meetings at least every month with the superintendent

during which the public may speak so that parents and the community have

a voice and a public forum to air their concerns.

15. Submit an annual evaluation of the superintendent to the

chancellor.

16. Submit an annual evaluation consistent with procedures which shall

be developed by the chancellor of all other instructional supervisory

personnel who have responsibility for more than one school within the

district.

17. Hold a public hearing on the district's annual capacity plans,

recommended by the superintendent and based on data from the chancellor

on enrollment/utilization for each school within the district and submit

such plan, upon approval by the community council, to the chancellor for

his or her approval and implementation.

18. Provide input, as it deems necessary, to the chancellor and the

city board on matters of concern to the district.

19. Liaison with school leadership teams as may be necessary, provide

assistance to the school leadership teams where possible, and serve on

the district leadership team by designating a representative.

20. Consult on the selection of a community superintendent pursuant to

subdivision thirty of section twenty-five hundred ninety-h of this

article. Such consultation shall include an opportunity for the

community council to interview a minimum of three final candidates the

chancellor is considering appointing and to provide feedback to the

chancellor, which may include a ranked list of such candidates, prior to

the appointment being made.

21. Hold a joint public hearing with the chancellor or deputy

chancellor, or in the case of a proposed significant change in school

utilization the chancellor or his or her designee, and the impacted

school based management team regarding any proposed school closing or

significant change in school utilization, including the phase-out, grade

reconfiguration, re-siting, or co-location of schools, of any public

school located within the community district pursuant to subdivision

two-a of section twenty-five hundred ninety-h of this article. Following

such hearing, the community council may pass a resolution on whether to

recommend or not recommend to the city board the proposed school closing

or significant change in school utilization, and shall transmit it to

the city board for its consideration at least seven days in advance of

any city board vote on such item pursuant to section twenty-five hundred

ninety-g of this article, provided that the receipt of such resolution

from the community council shall not be a precondition for the city

board to act on the matter.

* NB Effective until June 30, 2028

* § 2590-e. Powers and duties of community boards. Each community

board shall have the following powers and duties to establish

educational policies and objectives, not inconsistent with the

provisions of this article and the policies established by the city

board, with respect to all pre-kindergarten, nursery, kindergarten,

elementary, intermediate and junior high schools and programs in

connection therewith in the community district. The community boards

shall have no executive or administrative powers or functions, but shall

have the following powers and duties:

1. employ a community superintendent, selected by the chancellor, by

contract for a term not to exceed by more than one year the term of

office of the community school board authorizing such contract, subject

to removal for cause, at a salary to be fixed within the budgetary

allocation therefor, subject to the provisions of subdivision two of

section twenty-five hundred ninety-j of this article. Consistent with

procedures of the chancellor establishing a publicly inclusive process

for the recruitment, screening and selection of superintendent

candidates, and regulations establishing educational, managerial, and

administrative qualifications and performance record criteria for such

position, the community board shall select no more than four final

candidates for superintendent from candidates for appointment, who shall

have been interviewed and screened by and with the assistance of

parents, teachers, representatives of school support personnel, and

administrators, and forward such names, to the chancellor for selection

together with the reasons for the recommendation of such candidates. If

the chancellor should reject all the candidates for written reasons

within thirty days after the receipt of the proposed names, the

community board shall make another selection of no more than four new

names consistent with such procedures and regulations, until the

chancellor selects a candidate. The contract of employment shall be

consistent with a model contract promulgated by the chancellor which

shall include provisions for reappointment.

3. promote achievement of educational standards and objectives

relating to the instruction of students.

4. cooperate as required by the chancellor in the removal from office

pursuant to section twenty-five hundred ninety-l of this article of any

community board member for willful, intentional or knowing involvement

in the hiring, appointment or assignment of employees other than as

specifically authorized in this article.

5. a. require community board members, the community superintendent,

and any other officer or employee in schools and programs under the

jurisdiction of the community boards, to make annual written disclosure,

in accordance with regulations and bylaws of the city board developed in

consultation with the community boards, to the community board and the

city board, of the following information:

(1) the employment by the city school board or any community board of

any person related within the third degree of consanguinity or affinity

to the person making disclosure, including the employment of any such

person for which a two-thirds vote was required under paragraph e of

subdivision four of section twenty-five hundred ninety-j of this chapter

with a notation of the date such vote was taken.

(2) the source of any income, reimbursement, gift or other form of

compensation for services rendered together with a description of such

services.

(3) the source of any financial contribution made within the year

preceding the election or the term of office of a community board member

to assist in the election or reelection of such member of the community

board, and the amount of such contribution, consistent with any

applicable regulations of the city board and the board of elections.

b. willful or repeated failure to make full and timely disclosure

shall constitute cause for removal from office of any member of a

community board or for any other officer or employee disciplinary action

and such other penalty as provided by law.

c. all written disclosures required hereunder shall be filed with the

community board and the city board and shall be available for public

inspection during regular business hours on regular business days.

6. require community board members, candidates for community boards,

the community superintendent and, for good cause shown, any other

officer or employee in schools and programs under the jurisdiction of

the community boards to submit to the city board and the community

boards, in accordance with regulations and bylaws of the city board

developed in consultation with the community boards, financial reports

for themselves and their spouses, provided that in the case of community

board members and candidates for community boards the statement of

financial disclosure and the frequency with which it must be filed must

satisfy at least the requirements and standards for disclosure of

section seventy-three-a of the public officers law.

a. the frequency and period of coverage, the designation of persons to

submit such reports by name, title or income level or by a combination

thereof, and the content of such reports, including minimum dollar

amounts, shall be determined by the city board.

b. willful or repeated failure to file required financial reports or

make other required disclosures shall constitute cause for removal from

office of any member of a community board or for any other officer or

employee disciplinary action and such other penalty as provided by law.

No person may assume office as a community board member without

previously complying with this subdivision, subdivision five of this

section, and with all applicable financial disclosure requirements

promulgated by the board of elections.

7. participate in training and continuing education programs pursuant

to the provisions of this subdivision.

(1) Community board members shall participate in training to acquaint

them with the powers, functions and duties of community board members,

as well as the powers of other governing and administering authorities

that affect education including the powers of the commissioner, city

board, chancellor and community superintendents. Such participation

shall be completed no later than six months from the date in which a

community board member takes office for the first time.

(2) Each community board member shall be required to participate in

continuing education programs on an annual basis as defined by the

chancellor. Participation in training pursuant to paragraph one of this

subdivision by a community board member who takes office for the first

time shall be deemed to satisfy the requirements of this subdivision for

the first year of such member's term.

(3) such training and continuing education programs shall be approved

by the chancellor, following consultation with the commissioner, and may

be provided by the state education department, the city board, the

chancellor or a nonprofit provider authorized by the chancellor to

provide such training and continuing education programs.

(4) the chancellor is authorized to promulgate regulations regarding

providers and their certification, the content and implementation of the

training and continuing education programs. Any such regulations shall

be developed after consultation with the commissioner.

(5) such training and continuing education programs shall be offered

on an annual basis or more frequently, as needed, to enable community

board members to comply with this subdivision.

(6) failure of community board members to comply with the training and

continuing education requirements mandated by this subdivision shall

constitute cause for removal from office pursuant to section twenty-five

hundred ninety-1 of this article.

8. Each year prepare a school district report card pursuant to

regulations of the commissioner, and shall make it publicly available by

transmitting it to local newspapers of general circulation, appending it

to copies of the proposed budget made publicly available as required by

law, making it available for distribution at the annual meeting, and

otherwise disseminating it as required by the commissioner. Such report

card shall include measures of the academic performance of the school

district, on a school by school basis, and measures of the fiscal

performance of the district, as prescribed by the commissioner. Pursuant

to regulations of the commissioner, the report card shall also compare

these measures to statewide averages for all public schools, and

statewide averages for public schools of comparable wealth and need,

developed by the commissioner. Such report card shall include, at a

minimum, any information on the school district regarding pupil

performance and expenditure per pupil required to be included in the

annual report by the requests to the governor and the legislature

pursuant to section two hundred fifteen-a of this chapter; and any other

information required by the commissioner. School districts (i)

identified as having fifteen percent or more of their students in

special education, or (ii) which have fifty percent or more of their

students with disabilities in special education programs or services

sixty percent or more of the school day in a general education building,

or (iii) which have eight percent or more of their students with

disabilities in special education programs in public or private separate

educational settings shall indicate on their school district report card

their respective percentages as defined in this paragraph and paragraphs

(i) and (ii) of this subdivision as compared to the statewide average.

9. Subject to paragraph (o) of subdivision one of section twenty-five

hundred ninety-f of this article, to employ or retain counsel subject to

the powers and duties of the corporation counsel of the city of New York

to be the district's attorney and counsel pursuant to subdivision a of

section three hundred ninety-four of the New York city charter in

actions or proceedings in which the board or any member thereof is a

defendant or a respondent.

10. Where the district has provided transportation to students

enrolled in such district to a school sponsored field trip,

extracurricular activity or any other similar event, it shall provide

transportation back to either the point of departure or to the

appropriate school in the district, unless the parent or legal guardian

of a student participating in such event has provided the school

district with written notice, consistent with district policy,

authorizing an alternative form of return transportation for such

student or unless intervening circumstances make such transportation

impractical. In cases where intervening circumstances make

transportation of a student back to the point of departure or to the

appropriate school in the district impractical, a representative of the

school district shall remain with the student until such student's

parent or legal guardian has been (a) contacted and informed of the

intervening circumstances which make such transportation impractical and

(b) such student had been delivered to his or her parent or legal

guardian.

* NB Effective June 30, 2028