N.Y. Education Law § 2590-g: Powers and duties of the city board

* § 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

executive power and perform no executive or administrative functions.

Nothing 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 proposed by the

chancellor directly related to educational achievement and student

performance;

(b) consider and approve any other standards, policies, and objectives

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

amendments 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;

(f) approve the allocation of projected revenues among community

districts and their schools pursuant to subdivision a of section

twenty-five hundred ninety-r of this article and to approve the

aggregation of the community district budgets, with a proposed budget

for administrative and operational expenditures of the city board and

the chancellor, 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

amendments 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

article. If the city board approves such a proposal that the relevant

community council affirmatively voted against pursuant to subdivision

twenty-one of section twenty-five hundred ninety-e of this article, the

board shall provide such council an explanation for its determination

within thirty days of such determination.

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

authority to appoint staff pursuant to subdivision forty-one of section

twenty-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. (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

competitive sealed bidding pursuant to subdivision thirty-six of section

twenty-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;

(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

programming 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

subdivision 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;

(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

applicable;

(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

immediate 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, the

city-wide council on high schools and the city-wide council on district

seventy-five.

11. Conduct an annual survey to allow parents, teachers and school

personnel to evaluate the performance of the city board and the

chancellor 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

the independent budget office of the city of New York or the comptroller

of the city of New York, in a timely fashion.

* NB Effective until June 30, 2028

* § 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. Except as otherwise provided by

law, the board shall exercise no executive power and perform no

executive or administrative functions. The board shall have the power

and duty to:

1. (a) approve standards, policies, objectives and regulations

proposed by the chancellor directly related to educational achievement

and student performance; (b) approve standards, policies, objectives and

regulations directly related to maintaining the internal fiscal

integrity of administrative operations by the chancellor, the community

districts and the schools; and (c) consider and approve any other

standards, policies, objectives and regulations at the request of the

chancellor, or otherwise only as specifically authorized or required by

state or federal law or regulation;

2. for all purposes, be the government or public employer of all

persons appointed or assigned by the city board or the community

districts;

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 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 boards 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. (a) Prescribe regulations and bylaws 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 city board, of the following

information:

(i) 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 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) Regulations and bylaws authorized herein shall apply with equal

force and effect to community board members, community superintendents

and all other officers and employees in schools and programs under the

jurisdiction of the community boards.

(c) The city board 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 bylaws

prescribed hereunder. Any community board member, community

superintendent or other officer or employee required to make disclosure

who fails to make such disclosure shall be notified in writing of their

failure to do so and given thirty days within which to comply.

(d) Willful failure to make full and timely disclosure shall

constitute 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 provided by law.

(e) Disclosures made pursuant to the requirements herein and any

notification of failure to make disclosures shall be made available for

public inspection during regular business hours on regular business

days; and

6. (a) Prescribe regulations and bylaws 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 city board, in the discretion

of the city board, 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

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

dollar amounts, shall be determined by the city board 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;

(v) outstanding loans and other forms of indebtedness due to person

reporting or spouse, by name and amounts;

(vi) trusts and other fiduciary relationships and their assets in

which a beneficial interest is held.

(c) Regulations and bylaws authorized herein shall apply with equal

force and effect to community board members, community superintendents

and all other officers and employees in schools and programs under the

jurisdiction of the community boards.

(d) Willful failure to file required financial reports shall

constitute 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 provided by law.

* NB Effective June 30, 2028