N.Y. Education Law § 2590-l: Enforcement of applicable law, regulations and directives; establishment of appeal board

§ 2590-l. Enforcement of applicable law, regulations and directives;

establishment of appeal board. * 1. (a) If, in the judgment of the

chancellor any community district education council and/or

superintendent fails to comply with any applicable provisions of law,

by-laws, rules or regulations, standards, directives and agreements, he

or she may, in addition to or as an alternative to any other remedies

authorized by this article, including subdivision thirty-one of section

twenty-five hundred ninety-h of this article, issue an order requiring

the community district education council and/or superintendent to cease

its improper conduct or to take required action and consistent with the

provisions of this article and the educational and operational policies

of the city board, may enforce that order by the use of appropriate

means, including:

(i) supersession of the community district education council and/or

superintendent by the chancellor or one or more trustees appointed by

him who may be, notwithstanding any other provision of law, employees of

the city board with respect to those powers and duties or decisions of

such community district education council and/or superintendent deemed

necessary to ensure compliance with the order; and

(ii) suspension or removal of the community district education council

and/or superintendent or any member or members thereof.

(b) Prior to the enforcement of any order authorized under this

section, the chancellor shall provide an opportunity for conciliation,

except that the chancellor without conciliation may suspend or remove

one or more members of a community district education council or a

community superintendent where the conduct (i) is criminal in nature;

(ii) poses an immediate danger to the safety or welfare of students or

any school staff or employee, or (iii) in the judgment of the

chancellor, is contrary to the best interest of the city school

district.

* NB Effective until June 30, 2028

* 1. (a) If, in the judgment of the chancellor any community board

and/or superintendent fails to comply with any applicable provisions of

law, by-laws, rules or regulations, standards, directives and

agreements, he or she may, in addition to or as an alternative to any

other remedies authorized by this article, including subdivision

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

issue an order requiring the community board and/or superintendent to

cease its improper conduct or to take required action and consistent

with the provisions of this article and the educational and operational

policies of the city board, may enforce that order by the use of

appropriate means, including:

(i) supersession of the community board and/or superintendent by the

chancellor or one or more trustees appointed by him who may be,

notwithstanding any other provision of law, employees of the city board

with respect to those powers and duties or decisions of such community

board and/or superintendent deemed necessary to ensure compliance with

the order; and

(ii) suspension or removal of the community board and/or

superintendent or any member or members thereof.

(b) Prior to the enforcement of any order authorized under this

section, the chancellor shall provide an opportunity for conciliation,

except that the chancellor without conciliation may suspend or remove

one or more members of a community board or a community superintendent

where the conduct (i) is criminal in nature; (ii) poses an immediate

danger to the safety or welfare of students or any school staff or

employee, or (iii) in the judgment of the chancellor, is contrary to the

best interest of the city school district.

* NB Effective June 30, 2028

2. The community board or any suspended or removed member and/or

superintendent thereof may, within fifteen days after issuance of such

order, file an appeal with the city board acting as an appeal board

pursuant to subdivision ten of section twenty-five hundred ninety-g of

this article.

* 2-a. A member of a community district education council may be

removed upon a finding that the member willfully, intentionally or

knowingly interfered with or was involved in the hiring, appointment or

assignment of employees other than as specifically authorized in this

article. Such a finding, unless judicially overturned pursuant to

article seventy-eight of the civil practice law and rules, shall

permanently disqualify that member from employment, contracting or

membership with or on any community district education council or the

city board or any employment or contractual relationship, direct or

indirect, with the city district, any community district, or any public

school in such districts.

* NB Effective until June 30, 2028

* 2-a. A member of a community school district board may be removed

upon a finding that the member willfully, intentionally or knowingly

interfered with or was involved in the hiring, appointment or assignment

of employees other than as specifically authorized in this article. Such

a finding, unless judicially overturned pursuant to article

seventy-eight of the civil practice law and rules, shall permanently

disqualify that member from employment, contracting or membership with

or on any community board or the city board or any employment or

contractual relationship, direct or indirect, with the city district,

any community district, or any public school in such districts.

* NB Effective June 30, 2028