N.Y. Education Law § 2590-f: Community superintendents

* § 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,

federal 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

subordinate 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 consistent with regulations of the chancellor

establishing a process that promotes parental and staff involvement in

the recruitment, screening, interviewing and recommendation of

candidates and consistent with qualifications established through

chancellor's regulations.

(e) to appoint or reject the principal and assistant principal

candidates screened by screening committees, consistent with regulations

of the chancellor establishing a process that promotes parental and

staff involvement in the recruitment, screening, interviewing and

recommendation of candidates, and after consulting with members of the

school based management team. Candidates must meet the requirements of

regulations 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

promoting student achievement and parental involvement, developing an

effective shared decision-making relationship with the school based

management 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

assessment 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

programs to address identified factors affecting student achievement and

school performance, consistent with sections twenty-five hundred

ninety-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

decision is inconsistent with the goals and policies set forth in their

school's existing comprehensive educational plan. The community

superintendent shall provide a written response to the school based

management 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

jurisdiction.

(k) subject to subdivision three of section twenty-five hundred

ninety-e of this article and this section, to approve or disapprove

matters relating to the instruction of students, including the power to

disapprove school choices with respect to selection of textbooks and

other instructional materials.

(l) (1) to provide assistance and direct support to parents in

accessing information, addressing concerns and responding to complaints

relating to their child's education that cannot be resolved at the

school level.

(2) to operate administrative offices and similar facilities,

including 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

superintendent in resolving complaints in a timely manner, and work to

develop a cooperative relationship with parents and the school

community.

(m) subject to regulations or resolutions of the city board, to

operate 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

preparing 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

community district and the city board, each community district may be

represented 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 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 subdivision forty-eight of section twenty-five hundred 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

council 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

community 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

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

school within the community district to all impacted parents, including

information 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

administration and educational effectiveness, and any requirements for

continuing training and education, embodied in standards, circulars or

regulations 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

education council may be employed by that board or the community

superintendent of that district within a period of three years after the

termination of such service unless such person qualifies for the

position pursuant to a competitive examination and applicable provisions

of the civil service law.

* NB Effective until June 30, 2028

* § 2590-f. Community superintendents. 1. Subject in every case to

powers devolved to principals and schools consistent with this article,

the superintendent shall have the following powers and duties:

(a) to assist district schools in obtaining waivers from state,

federal 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

subordinate officers or employees of her or his community district as

she or he deems appropriate 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

committee including parents, teachers, and school support personnel, who

shall be selected and shall operate in a manner prescribed by

chancellor's regulations.

(e) to appoint or reject the principal candidates 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 twenty-five

hundred ninety-h of this article.

(f) to 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 promoting student

achievement and parental involvement, and maintaining school discipline.

(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

programs to address identified factors affecting student achievement and

school performance, consistent with sections twenty-five hundred

ninety-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.

(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 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 jurisdiction.

(k) subject to subdivision three of section twenty-five hundred

ninety-e of this article and this section, to approve or disapprove

matters relating to the instruction of students, including the power to

disapprove school choices with respect to selection of textbooks and

other instructional materials.

(l) to operate administrative offices and similar facilities,

including social centers, and recreational and extracurricular programs,

under the district's jurisdiction, and the duty to support the operation

of school facilities.

(m) subject to regulations or resolutions of the city board, to

operate 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

preparing 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

community district and the city board, each community district may be

represented 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 regulations promulgated by the

chancellor and the city board.

(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 three of section twenty-five

hundred ninety-c 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 board as directed by the chancellor.

** NB There are 2 par (s)'s

** (s) 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.

** NB There are 2 par (s)'s

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 city board, the chancellor

and his or her community board and with the educational policies

established by the city board and his or her community board, including

performance standards addressed to administration and educational

effectiveness, and any requirements for continuing training and

education, embodied in standards, circulars or regulations promulgated

by the chancellor.

3. No person who has served as a member of a community board may be

employed by that board or the superintendent of that district within a

period of three years after the termination of such service unless such

person qualifies for the position pursuant to a competitive examination

and applicable provisions of the civil service law.

* NB Effective June 30, 2028