N.Y. Education Law § 2590-i: Powers and duties of schools; principals; provisions for the transfer of jurisdiction of high schools

* § 2590-i. Powers and duties of schools; principals; provisions for

the transfer of jurisdiction of high schools. 1. The principal shall be

the administrative and instructional leader of the school. Subject to

the regulations of the chancellor and applicable collective bargaining

agreements and obligations, the principal shall be responsible for the

day to day operation of the school and shall carry out these duties in

consultation with parents, teachers and other staff, and the school

based management team pursuant to section twenty-five hundred ninety-h

of this article including:

(a) promote an equal educational opportunity for students in the

school,

(b) subject to school-based budgeting pursuant to section twenty-five

hundred ninety-r of this article,

(c) subject to collective bargaining obligations and agreements, the

budget applicable to the school, and the other provisions of this

article including section twenty-five hundred ninety-j of this article,

to make recommendation on staff selection, including through the

establishment of appropriate objective criteria consistent with

chancellor's regulations for filling vacancies based upon the school's

instructional and facility needs,

(d) subject to the standards and assessments promulgated by the

chancellor, to develop school-based curricula and syllabi for

instruction, and to address other matters relating to the instruction of

students, including the selection of texts from lists approved by the

chancellor and instructional materials, consistent with regulations of

the commissioner, and subject to the approval of the superintendent, or

chancellor in the case of schools under the jurisdiction of the city

board,

(e) subject to the approval of the superintendent, or, where

appropriate, the chancellor and within the limits of funds made

available therefor, to enhance teacher and staff development relevant to

increasing student achievement, support extended day programs, school

reform programs, and pupil-support services,

(f) enhance pupil support services by coordinating related programs,

(g) to make or arrange for minor repairs as delegated by the

chancellor or superintendent pursuant to regulations of the chancellor,

or as otherwise authorized by law subject to subdivisions thirty-six and

thirty-seven of section twenty-five hundred ninety-h of this article,

(h) subject to subdivisions thirty-six and thirty-seven of section

twenty-five hundred ninety-h of this article, identifying and purchasing

equipment and supplies that can be purchased for less than if purchased

through purchasing arrangements entered into through the city board, the

chancellor or the superintendent,

(i) to manage and operate the school building and other facilities

under its jurisdiction.

2. (a) The principal may be removed or transferred by the

superintendent or the chancellor for persistent educational failure of

the school or other cause. Removals may be caused pursuant to section

three thousand twenty-a of this chapter if applicable. Transfers may be

caused pursuant to subdivision twenty-five of section twenty-five

hundred ninety-h of this article. Any such removal or transfer may be

appealed to the city board, during which time the superintendent may

appoint an acting principal subject to the approval of the chancellor.

Provided however that such appointee must meet qualifications pursuant

to paragraph (c) of this subdivision. Persistent educational failure of

the school shall be defined in regulations of the chancellor to include

a pattern of poor or declining achievement; a pattern of poor or

declining attendance; disruption or violence; and continuing failure to

meet chancellor's performance standards or other standards.

(b) The principal may be required by the chancellor or the

superintendent to participate in training or other forms of staff

development or to address identified areas of educational need and

promote student achievement and school performance.

(c) Principals shall be selected consistent with regulations of the

chancellor establishing a process that promotes parental and staff

involvement in the recruitment, screening, interviewing and

recommendation of candidates. 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. In the case of schools

under the jurisdiction of the community districts, a candidate approved

by a community superintendent pursuant to paragraph (e) of subdivision

one of section twenty-five hundred ninety-f of this article may

nonetheless, before assuming the position, be rejected by the chancellor

for cause. In the case of schools not under the jurisdiction of the

community districts, the chancellor shall additionally consult with

members of the school based management team prior to appointing a

principal candidate to any such school.

3. Provisions for transfer of jurisdiction of high schools. Pursuant

to regulations of the chancellor approved by the city board, any high

school, other than a special senior academic or vocational high school

of city-wide competitive admission, may be transferred from the

jurisdiction of the city board to the jurisdiction of the community

district in which it is located, or from such community district to the

city board, upon the consent of the chancellor and the community

superintendent. In such event, the chancellor and the superintendent

shall promptly take all necessary steps to effectuate the transfer.

* NB Effective until June 30, 2028

* § 2590-i. Powers and duties of schools; principals; provisions for

the transfer of jurisdiction of high schools. 1. The principal shall be

the administrative and instructional leader of the school. Subject to

the regulations of the chancellor and applicable collective bargaining

agreements and obligations, the principal shall be responsible for the

day to day operation of the school and shall carry out these duties in

consultation with parents, teachers and other staff pursuant to section

twenty-five hundred ninety-h of this article including:

(a) promote an equal educational opportunity for students in the

school,

(b) subject to school-based budgeting pursuant to section twenty-five

hundred ninety-r of this article,

(c) subject to collective bargaining obligations and agreements, the

budget applicable to the school, and the other provisions of this

article including section twenty-five hundred ninety-j of this article,

to make recommendation on staff selection, including through the

establishment of appropriate objective criteria consistent with

chancellor's regulations for filling vacancies based upon the school's

instructional and facility needs,

(d) subject to the standards and assessments promulgated by the

chancellor, to develop school-based curricula and syllabi for

instruction, and to address other matters relating to the instruction of

students, including the selection of texts from lists approved by the

chancellor and instructional materials, consistent with regulations of

the commissioner, and subject to the approval of the superintendent, or

chancellor in the case of schools under the jurisdiction of the city

board,

(e) subject to the approval of the superintendent, or, where

appropriate, the chancellor and within the limits of funds made

available therefor, to enhance teacher and staff development relevant to

increasing student achievement, support extended day programs, school

reform programs, and pupil-support services,

(f) enhance pupil support services by coordinating related programs,

(g) to make or arrange for minor repairs as delegated by the

chancellor or superintendent pursuant to regulations of the chancellor,

or as otherwise authorized by law subject to subdivisions thirty-six and

thirty-seven of section twenty-five hundred ninety-h of this article,

(h) subject to subdivisions thirty-six and thirty-seven of section

twenty-five hundred nine-h of this article, identifying and purchasing

equipment and supplies that can be purchased for less than if purchased

through purchasing arrangements entered into through the city board, the

chancellor or the superintendent,

(i) to manage and operate the school building and other facilities

under its jurisdiction.

2. (a) The principal may be removed or transferred by the

superintendent or the chancellor for persistent educational failure of

the school or other cause. Removals may be caused pursuant to section

three thousand twenty-a of this chapter if applicable. Transfers may be

caused pursuant to subdivision twenty-five of section twenty-five

hundred ninety-h of this article. Any such removal or transfer may be

appealed to the city board, during which time the superintendent may

appoint an acting principal subject to the approval of the chancellor.

Provided however that such appointee must meet qualifications pursuant

to paragraph (d) of this subdivision. Persistent educational failure of

the school shall be defined in regulations of the chancellor to include

a pattern of poor or declining achievement; a pattern of poor or

declining attendance; disruption or violence; and continuing failure to

meet chancellor's performance standards or other standards.

(b) The principal may be required by the chancellor or the

superintendent to participate in training or other forms of staff

development or to address identified areas of educational need and

promote student achievement and school performance.

(c) Principals shall be selected consistent with regulations of the

chancellor establishing a process that promotes parental and staff

involvement in the recruitment, screening, interviewing and

recommendation of candidates. Candidates must meet the requirements of

regulations of the chancellor and the city board establishing

educational, managerial, and administrative qualifications, including

evaluation of each candidate's record of performance in comparable

positions. In the case of schools under the jurisdiction of the

community districts, a candidate approved by a community superintendent

may nonetheless, before assuming the position, be rejected by the

chancellor for cause.

3. Provisions for transfer of jurisdiction of high schools. Pursuant

to regulations of the chancellor approved by the city board, any high

school, other than a special senior academic or vocational high school

of city-wide competitive admission, may be transferred from the

jurisdiction of the city board to the jurisdiction of the community

district in which it is located, or from such community district to the

city board, upon the consent of the chancellor and the community

superintendent. In such event, the chancellor and the superintendent

shall promptly take all necessary steps to effectuate the transfer.

* NB Effective June 30, 2028