N.Y. Education Law § 2590-q: Budgetary and fiscal processes

* § 2590-q. Budgetary and fiscal processes. 1. The chancellor shall

annually advise the community district education councils with respect

to the form and content of the budget requests and accompanying fiscal

estimates required to be submitted by the mayor of the city of New York

for the next ensuing fiscal year, together with such additional

information as he or she may require.

4. On such date as the mayor shall direct, the chancellor shall submit

to the mayor:

(a) estimates, as adopted by the city board, of the total sum of money

which it deems necessary for the operation of the city district (other

than functions to be financed from funds provided for in the capital

budget of the city) during the next fiscal year of the city, together

with the estimates submitted by the community district education

councils;

(b) estimates of the amount to be received as a result of the

apportionment of moneys payable from the state in such fiscal year; and

(c) estimates of the amount to be received for school system

expenditures by the city district in such fiscal year from sources other

than appropriations of city funds or appropriations or other provisions

of funds in the capital budget of the city or apportionment of moneys

from the state payable in such fiscal year.

5. All estimates submitted by the chancellor shall be prepared in the

manner prescribed by the New York city charter for submission of

departmental estimates for current expenses to the mayor and shall set

forth the total amounts proposed for programs or activities of the

community district education councils in units of appropriation separate

from those set forth for programs or activities operated by the city

board; provided, however, that nothing shall prevent the inclusion in

such estimates of a unit or units of appropriation to be allocated to

community district education councils pursuant to subdivision ten of

this section to finance innovative programs or activities by such

community district education councils.

6. In acting on the proposed units of appropriation for programs or

activities of community district education councils, the city council of

the city of New York may, subject to the veto of the mayor, increase or

decrease the total amount of each such unit of appropriation but,

notwithstanding any provision of the New York city charter or any other

law to the contrary, it shall not have power to add any other unit of

appropriation for one or more community district education councils.

7. (b) Not later than thirty days after the amount of such funds

becomes determined by adoption of the budget pursuant to subdivision six

of this section, by allocation pursuant to subdivisions ten, eleven,

fourteen, and fifteen of this section, or otherwise, the chancellor

shall transmit to each community district education council a statement

enumerating the federal, state, city, and private funds which have been

allocated thereunder to such community district education council for

its programs.

(c) At the same time, the chancellor shall transmit to the community

district education councils a statement of the allocation of the balance

of such funds to the several programs administered by him or her and the

city board including the distinct amounts assigned to each category of

schools and programs set forth in section twenty-five hundred ninety-i

of this article and the amount allocated for the operation of the city

board, his or her office, and the other administrative bureaus and

divisions thereof.

9. Special estimates to meet extraordinary expenses of emergencies

which may arise in the course of a fiscal year may be submitted to the

chancellor by any community district education council and, pursuant to

subdivision six of section twenty-five hundred seventy-six of this

title, the chancellor may, in his or her discretion, submit such special

estimates to the mayor of the city of New York. The chancellor may also

submit special estimates to the mayor in connection with the schools and

programs under his or her jurisdiction.

10. Notwithstanding any provisions of law to the contrary, any moneys

appropriated to or authorized for expenditure by the city board

including moneys so appropriated to finance innovative programs or

activities by community district education councils (but other than

moneys so appropriated for the exercise of powers or duties reserved to

the city board) may be allocated by the chancellor to any community

district education council. Allocations made pursuant to this

subdivision shall be based on the needs of the recipient community

district education councils, considered in conjunction with the needs of

the schools and programs under the jurisdiction of the city board, in

the case of moneys appropriated for innovative programs or activities,

the relative merit of the programs or activities proposed by the

respective community district education councils.

11. The chancellor shall perform all functions in connection with

article seventy-three of this chapter; provided that the chancellor

shall allocate to the community district education councils the state

funds apportioned to the city district pursuant to such article

seventy-three, less the amount of such funds necessary to enable the

chancellor to carry out his or her responsibilities, on the basis of an

objective formula established by the chancellor and approved by the city

board annually, after consultation with the community district education

councils and the mayor, which formula shall reflect the relative

educational needs of the community districts to the maximum extent

feasible.

12. The chancellor shall perform all functions in connection with

sections twenty-five hundred seventy-six, twenty-five hundred

seventy-seven, twenty-five hundred seventy-nine, twenty-five hundred

eighty-one, twenty-five hundred eighty-two, twenty-five hundred

eighty-three, and twenty-five hundred eighty-four of this title.

13. The city board through the chancellor shall perform all functions

in connection with the capital budget as provided in chapter nine of the

charter of the city of New York, except as otherwise provided herein.

14. With respect to special, federal, state, and private funds, each

community district education council may:

(a) contract for and receive funds to be transmitted to the city board

and disbursed through the chancellor. No special funds may be used as a

means of bringing about the elimination of existing personnel lines,

titles, or employees. Community district education councils may use

budget funds allocated and resources obtained within the scope of

existing law and contractual obligations to design programs of

educational excellence tailored to the needs and peculiar

characteristics of the district;

(b) enter into contracts necessary or convenient to the discharge of

the powers and duties with the city, state, and federal governments,

private foundations, agencies and individuals, the city board, and other

community district education councils, subject to the approval of the

chancellor;

(c) in the case of federal or state funds not allocated to the city

district on a formula basis, to apply to the funding agency, as a local

educational agency, and to accept any funds granted or apportioned in

this connection for its use and account; provided, however, that as to

federal funds available to areas affected by federal activities pursuant

to public law eight hundred seventy-four, community councils shall not

be considered local educational agencies and shall have no power to

apply directly to the funding agency, but such funds shall be

reallocated to community district education councils by the chancellor

in accordance with a formula established by the chancellor and approved

by the city board as provided in subdivision ten of this section; and

(d) in the case of special funds allocated to the city district on a

formula basis, to submit proposals to the chancellor for a review as to

form only and prompt transmittal to the funding agency; provided,

however, that in the case of such special funds community district

education councils shall not be considered local educational agencies;

and provided further that the total amount of such proposals submitted

by any community district education council shall not exceed the amount

of an apportionment made by the chancellor on the basis of a formula

established by the chancellor and approved by the city board, after

considering the recommendation of the chancellor and after consultation

with community district education councils and the mayor, which formula

reflects the same educational and economic factors as the formula for

apportionment of such special funds to the city district; and provided

further that each community district education council shall consult

fully with non-public school authorities on a continuing basis with

respect to any of such special funds applicable to non-public school

programs and students subject to the power and duty of the city board

through the chancellor to ensure that applicable provisions of state and

federal law and regulations with respect to programs for students in

attendance at non-public schools throughout the city district shall be

carried out.

15. With respect to special, federal, state, and private funds, the

chancellor shall provide community district education councils with

information about the availability of such funds and furnish technical

assistance with respect to the preparation of proposals, record keeping,

and the administration of such programs.

16. On or before October first of each year, the chancellor shall

submit to the commissioner, in the form to be prescribed by him or her,

the annual budget for the city district for the current fiscal year.

17. (a) Each community superintendent shall prepare semi-annual

reports which shall be due by December fifteenth and April fifteenth of

each year. Each report shall include but not be limited to an accounting

of all funds received and expended by the subject community district

education council from all sources, including appropriations for

programs and activities of the district education council and receipts

from external sources.

(b) In addition, a final year-end report shall be due on August

fifteenth and shall include an accounting of all funds received and

expended by the subject community district education council from all

sources, including appropriations for programs and activities of the

district education council.

(c) Copies of reports outlined in paragraphs (a) and (b) of this

subdivision shall be given to the chancellor and the subject community

district education council and shall be available to the public.

18. Notwithstanding any provision of law to the contrary, the powers

and duties conferred on a community district education council by this

section shall be exercised exclusively by the community superintendent

employed by such council.

* NB Effective until June 30, 2028

* § 2590-q. Budgetary and fiscal processes. 1. The chancellor shall

annually advise the community boards with respect to the form and

content of the budget requests and accompanying fiscal estimates

required to be submitted by the mayor of the city of New York for the

next ensuing fiscal year, together with such additional information as

he may require.

4. On such date as the mayor shall direct, the city board shall submit

to the mayor:

(a) estimates, as adopted, of the total sum of money which it deems

necessary for the operation of the city district (other than functions

to be financed from funds provided for in the capital budget of the

city) during the next fiscal year of the city, together with the

estimates submitted by the community boards, as originally submitted and

as modified pursuant to subdivision three of this section;

(b) estimates of the amount to be received as a result of the

apportionment of moneys payable from the state in such fiscal year; and

(c) estimates of the amount to be received for school system

expenditures by the city district in such fiscal year from sources other

than appropriations of city funds or appropriations or other provisions

of funds in the capital budget of the city or apportionment of moneys

from the state payable in such fiscal year.

5. All estimates submitted by the city board shall be prepared in the

manner prescribed by the New York city charter for submission of

departmental estimates for current expenses to the mayor and shall set

forth the total amounts proposed for programs or activities of the

community boards in units of appropriation separate from those set forth

for programs or activities operated by the city board; provided,

however, that nothing shall prevent the city board from including in

such estimates a unit or units of appropriation to be allocated to it in

its discretion, to community boards pursuant to subdivision ten of this

section to finance innovative programs or activities by such community

boards.

6. In acting on the proposed units of appropriation for programs or

activities of community boards, the board of estimate and city council

of the city of New York may, subject to the veto of the mayor, increase

or decrease the total amount of each such unit of appropriation but,

notwithstanding any provision of the New York city charter or any other

law to the contrary, they shall not have power to add any other unit of

appropriation for one or more community boards.

7. (b) Not later than thirty days after the amount of such funds

becomes determined by adoption of the budget pursuant to subdivision

six, by allocation pursuant to subdivisions ten, eleven, fourteen and

fifteen of this section, or otherwise, the chancellor shall transmit to

each community board a statement enumerating the federal, state, city

and private funds which have been allocated thereunder to such community

board for its programs.

(c) At the same time, the chancellor shall transmit to the community

boards a statement of the allocation of the balance of such funds to the

several programs administered by him and the city board including the

distinct amounts assigned to each category of schools and programs set

forth in section twenty-five hundred ninety-i and the amount allocated

for the operation of the city board, his office and the other

administrative bureaus and divisions thereof.

9. Special estimates to meet extraordinary expenses of emergencies

which may arise in the course of a fiscal year may be submitted to the

chancellor by any community board and, pursuant to subdivision six of

section twenty-five hundred seventy-six of this chapter, the chancellor

may, in its discretion, submit such special estimates to the mayor of

the city of New York. The chancellor may also submit special estimates

to the mayor in connection with the schools and programs under his

jurisdiction.

10. Notwithstanding any provisions of law to the contrary, any moneys

appropriated to or authorized for expenditure by the city board

including moneys so appropriated to finance innovative programs or

activities by community boards (but other than moneys so appropriated

for the exercise of powers or duties reserved to the city board) may be

allocated by the chancellor to any community board. Allocations made

pursuant to this subdivision shall be based on the needs of the

recipient community boards, considered in conjunction with the needs of

the schools and programs under the jurisdiction of the city board, in

the case of moneys appropriated for innovative programs or activities,

the relative merit of the programs or activities proposed by the

respective community boards.

11. The chancellor shall perform all functions in connection with

article seventy-three of this chapter; provided that the chancellor

shall allocate to the community boards the state funds apportioned to

the city district pursuant to article seventy-three, less the amount of

such funds necessary to enable the chancellor to carry out his

responsibilities, on the basis of an objective formula established by

the city board annually, after consultation with the community boards

and the mayor, which formula shall reflect the relative educational

needs of the community districts to the maximum extent feasible.

12. The chancellor shall perform all functions in connection with

sections twenty-five hundred seventy-six, twenty-five hundred

seventy-seven, twenty-five hundred seventy-nine, twenty-five hundred

eighty-one, twenty-five hundred eighty-two, twenty-five hundred

eighty-three and twenty-five hundred eighty-four of this chapter.

13. The city board through the chancellor shall perform all functions

in connection with the capital budget as provided in chapter nine of the

charter of the city of New York, except as otherwise provided herein.

14. With respect to special, federal, state and private funds, each

community board may:

(a) contract for and receive funds to be transmitted to the city board

and disbursed through the chancellor. No special funds may be used as a

means of bringing about the elimination of existing personnel lines,

titles or employees. Community boards may use budget funds allocated and

resources obtained within the scope of existing law and contractual

obligations to design programs of educational excellence tailored to the

needs and peculiar characteristics of the district;

(b) enter into contracts necessary or convenient to the discharge of

the powers and duties with the city, state and federal governments,

private foundations, agencies and individuals, the city board and other

community boards subject to the approval of the chancellor;

(c) in the case of federal or state funds not allocated to the city

district on a formula basis, to apply to the funding agency, as a local

educational agency, and to accept any funds granted or apportioned in

this connection for its use and account, provided, however, that as to

federal funds available to areas affected by federal activities pursuant

to public law eight hundred seventy-four, community boards shall not be

considered local educational agencies and shall have no power to apply

directly to the funding agency but such funds shall be reallocated to

community boards by the chancellor in accordance with a formula

determined by the city board as provided in subdivision ten of this

section; and

(d) in the case of special funds allocated to the city district on a

formula basis, to submit proposals to the chancellor for a review as to

form only and prompt transmittal to the funding agency; provided,

however, that in the case of such special funds community boards shall

not be considered local educational agencies; and provided further that

the total amount of such proposals submitted by any community board

shall not exceed the amount of an apportionment made by the chancellor

on the basis of a formula determined by the city board, after

considering the recommendation of the chancellor and after consultation

with community boards and the mayor, which formula reflects the same

educational and economic factors as the formula for apportionment of

such special funds to the city district; and provided further that each

community board shall consult fully with non-public school authorities

on a continuing basis with respect to any of such special funds

applicable to non-public school programs and students subject to the

power and duty of the city board through the chancellor to ensure that

applicable provisions of state and federal law and regulations with

respect to programs for students in attendance at non-public schools

throughout the city district shall be carried out.

15. With respect to special, federal, state and private funds, the

chancellor shall provide community boards with information about the

availability of such funds and furnish technical assistance with respect

to the preparation of proposals, record keeping and the administration

of such programs.

16. On or before October first of each year, the city board shall

submit to the commissioner, in the form to be prescribed by him, the

annual budget for the city district for the current fiscal year.

17. (a) Each community superintendent shall prepare semi-annual

reports which shall be due by December fifteenth and April fifteenth of

each year. Each report shall include but not be limited to an accounting

of all funds received and expended by the subject community board from

all sources including appropriations for programs and activities of the

school board and receipts from external sources.

(b) In addition, a final year-end report shall be due on August

fifteenth and shall include an accounting of all funds received and

expended by the subject community board from all sources including

appropriations for programs and activities of the school board.

(c) Copies of reports outlined in paragraphs (a) and (b) of this

subdivision shall be given to the city board and the subject community

board and shall be available to the public.

18. Notwithstanding any provision of law to the contrary, the powers

and duties conferred on a community school board by this section shall

be exercised exclusively by the community superintendent employed by

such board.

* NB Effective June 30, 2028