§ 2556 — Buildings, sites, et cetera

§ 2556. Buildings, sites, et cetera. 1. A board of education is\nauthorized and it shall have power to purchase, repair, remodel, improve\nor enlarge school buildings or other buildings or sites, and to\nconstruct new buildings, subject to such limitations and restrictions\nand exceptions as are herein provided.\n 2. Whenever in the judgment of a board of education it is necessary to\nselect a new site, or to enlarge a present site, or to designate a\nplayground or recreation center, or to acquire title to or lease real\nproperty for other educational purposes authorized by this chapter, such\nboard may take options on property desirable for such purposes but\nbefore taking title thereto shall pass a resolution stating the\nnecessity therefor, describing by metes and bounds the grounds or\nterritory desired for each of such purposes, and estimating the amount\nof funds necessary therefor. An item for such amount, if funds are not\navailable for the purchase or lease of such property, may be included in\nthe next annual budget, if not included in a special budget as herein\nprovided.\n 3. Whenever in the judgment of a board of education the needs of the\ncity require a new building for school purposes or for recreation or\nother educational purposes authorized by this chapter, or when in its\njudgment a building should be remodelled or enlarged, such board shall\npass a resolution specifying in detail the necessity therefor and\nestimating the amount of funds necessary for such purpose. An item for\nsuch amount, if funds are not available for the construction of such\nbuilding, may be included in the next annual budget, if not included in\na special budget as herein provided.\n 4. No site shall be designated except upon a majority vote of a board\nof education and no building shall be constructed, remodelled or\nenlarged until the plans and specifications therefor are approved by the\nboard of education.\n 5. It shall be unlawful for a schoolhouse to be constructed in the\ncity of New York without an open-air playground attached to or used in\nconnection with the same. Existing playgrounds shall not be sold, leased\nor transferred, or permanently authorized for other uses such as school\nbuilding construction, renovation, placement or storage of building\nmaterials for such work that would eliminate the use of such playground\nspace for outdoor recreational activities unless a plan is established\nand implemented to provide suitable and adequate physical activities or\nspace to accommodate the physical and recreational needs of the pupils\nof such building. The provisions of this subdivision shall not apply to\nschool construction or renovation activities that occur on or require\nthe use of such playgrounds for a duration of no more than one year.\n * 5-a. (a) Notwithstanding subdivision three-a of section four hundred\neight of this chapter, it shall be unlawful for a new schoolhouse to be\nconstructed in the city of New York within five hundred feet of a\ncontrolled-access highway unless (i) the president of the New York city\nschool construction authority determines that there is no other\nappropriate site to erect such schoolhouse; (ii) if such schoolhouse is\nplanned to contain a secondary school, the community district, as such\nterm is defined in section twenty-five hundred ninety-a of this title,\nin which the site of such schoolhouse is to be located has a projected\nenrollment rate for secondary school education greater than seventy\npercent of its capacity, based on the most recent report issued pursuant\nto section 21-988 of the administrative code of the city of New York;\n(iii) if such schoolhouse is planned to contain an elementary school or\na middle school, the subdistrict, as such term is defined in section\n21-989 of the administrative code of the city of New York, in which the\nsite of such schoolhouse is to be located has a projected enrollment\nrate for elementary school education or middle school education, as\napplicable, greater than seventy percent of capacity, based on the most\nrecent report issued pursuant to section 21-988 of the administrative\ncode of the city of New York; (iv) the site of such schoolhouse is\nlocated on a property a portion of which is used or is planned to be\nused for residential or commercial purposes; or (v) plans for such\nschoolhouse include adequate engineering controls to address air\nquality, based on regulations promulgated by the New York city\ndepartment of environmental protection.\n (b) For purposes of this subdivision, neither the construction of a\nnew schoolhouse upon the site of an existing schoolhouse nor an addition\nnor an annex constructed to serve an existing schoolhouse shall be\nconsidered construction of a new schoolhouse.\n (c) For purposes of this subdivision, a "controlled-access highway"\nshall mean: (i) a controlled-access highway as defined by section one\nhundred nine of the vehicle and traffic law under the jurisdiction of\nthe commissioner of transportation which has been functionally\nclassified by the department of transportation as principal arterial -\ninterstate or principal arterial - other freeway/expressway on official\nfunctional classification maps approved by the federal highway\nadministration pursuant to part 470.105 of title 23 of the code of\nfederal regulations, as amended from time to time; and (ii) a divided\nhighway under the jurisdiction of the New York state thruway authority\nfor mixed traffic with access limited as the authority may determine and\ngenerally with grade separations at intersections.\n (d) Nothing in this subdivision shall be construed to create a private\nright of action to enforce the terms of this subdivision.\n * NB Effective December 21, 2029\n 6. After a site has been selected and plans and specifications for a\nbuilding thereon have been approved as provided herein, a board of\neducation in a city having a population of more than four hundred\nthousand but less than one million may, in its discretion, by regulation\ndeliver such plans and specifications to the common council or other\nlocal legislative body which may thereupon, in its discretion, award a\ncontract for the erection of such building in the same manner and in\naccordance with the provisions of law regulating the awarding of\ncontracts for the construction of municipal buildings of such city.\n 7. a. The board of education of the city of New York, with the\npermission of the department of parks and of the board of estimate, may\nconstruct schoolhouses and school playgrounds upon a portion of the\npublic parks in the district east of the Bowery and Catharine street and\nsouth of Fourth street in such city.\n b. The board of education of the city of New York, with the permission\nof the department of parks and recreation and of the board of estimate,\nmay construct a temporary schoolhouse upon a portion of a public park in\nthe borough of Queens, commonly referred to as Equity Park.\nNotwithstanding any inconsistent provision of subdivision nine of this\nsection, such park land shall revert to the control and management of\nthe department of parks and recreation seven years after the date of the\ncompletion of the construction of such temporary schoolhouse without\nfurther action of the board of education or of the board of estimate.\n 8. In a city having a population of one hundred twenty-five thousand\nor more and less than two hundred fifty thousand in which the common\ncouncil, the board of estimate and apportionment and the board of\ncontract and supply and the commissioner of public works or other city\nofficials, or any one or more thereof, had the authority under the law\nin force prior to June eighth, nineteen hundred seventeen, to erect,\nremodel, improve, or enlarge school buildings or to purchase supplies or\nreal property for any school purpose, such officers, board or boards\nshall continue to possess such powers and duties and to perform such\nfunctions.\n 9. When the real property of a city under the control and management\nof the board of education is no longer needed for educational purposes\nin the city, such board shall notify the common council of such fact and\nin a city having no common council, the council or other legislative\nbody or the commissioners of the sinking fund, and such common council\nor such council or body or such commissioners of the sinking fund, as\nthe case may be, may then sell or dispose of such property in the manner\nin which other real property owned by the city may be sold or disposed\nof and the proceeds thereof shall be credited to the funds under the\ncontrol and administration of the board of education in such city,\nexcept that in a city where the proceeds of such sales were required by\nstatute, in effect prior to June eighth, nineteen hundred seventeen, to\nbe paid to the credit of the sinking fund established and maintained\ntherein, the proceeds of such sales shall continue to be paid to the\ncredit of the sinking fund of such city as required by statute, and\nexcept that in a city having a council or a board of estimate and\napportionment, such council or board may, by resolution, authorize the\nuse of the proceeds of such sale for other municipal purposes.\n 10. The board of education shall let all contracts for public work and\nall purchase contracts to the lowest responsible bidder after\nadvertisement for bids where so required by section one hundred three of\nthe general municipal law.\n 10-a. In a city having a population of one million or more if the\nseveral parts of the work or labor to be done and/or the supplies,\nmaterials and equipment to be furnished shall together involve an\nexpenditure of not more than fifteen thousand dollars, the same may be\nprocured on order awarded to the lowest responsible bidder upon bids\nsubmitted without public advertisement under such regulations as shall\nbe made by the board of education. Purchases of two hundred fifty\ndollars or less may be made without competition.\n 11. In all contracts by a board of education, in a city having a\npopulation of one million or more, for the construction, repair,\nalteration or remodeling of buildings or for the purchase of supplies,\nfurniture or equipment, a stipulation may be inserted for liquidated\ndamages for any breach, failure or delay in the performance thereof; and\nsuch board of education is authorized and empowered to remit the whole\nor any part of such damages as in its discretion may be just and\nequitable; and in all suits commenced on any such contracts or on any\nbond given in connection therewith it shall not be necessary for such\nboard, whether plaintiff or defendant, to prove actual or specific\ndamages sustained by reason of any such breach, failure or delay, but\nsuch stipulation for liquidated damages shall be conclusive and binding\nupon all parties.\n 12. In a city having a population of one million or more a board of\neducation may make rules and regulations governing the qualifications of\nbidders entering into contracts for the erection and construction of\nbuildings, and for the alteration of buildings when the entire cost of\nsuch alteration shall exceed twenty-five thousand dollars. The bidding\nmay be restricted to those who shall have qualified prior to the receipt\nof bids according to standards fixed by the board of education, provided\nthat notice or notices for the submission of qualifications shall be\npublished in the official publication of the municipality, and in an\nappropriate trade journal published in such city, at least once, not\nless than ten days prior to the date fixed for the filing of\nqualifications.\n 13. A board of education, in a city having a population of one million\nor more, may through its duly designated officers, agents or employees\nenter upon public or private property for the purpose of making surveys,\nsoundings or test borings necessary for the exercise of the powers or\nthe performance of the duties, of such board of education, provided\nhowever, that the mayor had formally approved the acquisition of the\nreal property as a school site.\n 14. a. The chancellor of a city school district in a city having a\npopulation of one million or more shall compile an inventory of and\nissue a written report about the outdoor schoolyards in the city school\ndistrict. Such inventory and report shall:\n (i) identify each outdoor schoolyard located at educational\nfacilities, as defined in subdivision nine of section twenty-five\nhundred ninety-a of this title, of the city school district. Each\noutdoor schoolyard shall be identified by the community school district\nin which the outdoor schoolyard is located, its address, approximate\nsize and physical condition;\n (ii) identify which outdoor schoolyards are used for physical\neducation, activity and/or recreation; for each such outdoor schoolyard,\na description of how often students of the city school district use the\noutdoor schoolyard and any limitations on the uses of the schoolyard;\n (iii) identify which outdoor schoolyards are not used for physical\neducation, activity or recreation. For each such schoolyard, an\nexplanation of why it is not being used for physical education, physical\nactivity or recreation by students of the city school district;\n (iv) whether each outdoor schoolyard is used and the frequency of such\nuse during the school day and whether it is available for use by\nstudents or the general public during after school hours;\n (v) for each outdoor schoolyard, a description of the capital plans\nfor construction, placement, renovation and/or reconfiguration thereof,\nand any plan to increase or decrease the availability and utilization\nthereof; and\n (vi) any other facts, information and recommendations which the\nchancellor deems necessary to improve the outdoor schoolyards of the\neducational facilities of the city school district. Such improvements\nshall be those that enhance the physical education, physical and mental\nfitness, and well-being of the students of the city school district.\n b. On or before December thirty-first, two thousand twelve, the\nchancellor shall submit the inventory and report, compiled pursuant to\nparagraph a of this subdivision, to the governor, the temporary\npresident of the senate, the speaker of the assembly, the chairs of the\nsenate and assembly committees on education, and the department.\n c. For the purposes of this subdivision, "outdoor schoolyard" means\noutdoor space which is located at educational facilities, and is used or\nintended to be used by students for physical education, physical\nactivity and/or recreation.\n 15. a. The chancellor of a city school district in a city having a\npopulation of one million or more shall compile an inventory of and\nissue a written report and develop recommendations regarding\ntransportable classroom units ("TCU" or also commonly known as a\n"trailer"). Such inventory, report and recommendations shall:\n (i) identify each transportable classroom unit located in the city\nschool district. Each transportable classroom unit shall be identified\nby the community school district in which it is located, its address\nwith identification of any school building it is part of or associated\nwith, its approximate size, its age, and a description of its physical\ncondition;\n (ii) identify the number of students served within each transportable\nclassroom unit, including the grade level of such students, if\napplicable, the average class size within each transportable classroom\nunit, and a description of the amount of the school day the students\nspend within each transportable classroom unit;\n (iii) provide recommendations to minimize the number of transportable\nclassroom units within the city school district.\n b. On or before December thirty-first, two thousand seventeen, the\nchancellor shall submit the inventory, report, and the recommendations\nto minimize the number of transportable classroom units within the city\nschool district, compiled and developed pursuant to paragraph a of this\nsubdivision, to the governor, the temporary president of the senate, the\nspeaker of the assembly, the chairs of the senate and assembly\ncommittees on education, and the department. Annually, on or before\nDecember thirty-first, the chancellor shall update such inventory,\nreport and recommendations and provide such updated information and\nrecommendations to the governor, the temporary president of the senate,\nthe speaker of the assembly, the chairs of the senate and assembly\ncommittees on education, and the department.\n