§ 2590-E — Powers and duties of community district education council

New York § 2590-E

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 52-A: New York City Community School District System

Text

* § 2590-e. Powers and duties of community district education council.\nEach community council shall have the following powers and duties to\nestablish educational policies and objectives, not inconsistent with the\nprovisions of this article and the policies established by the city\nboard, with respect to all pre-kindergarten, nursery, kindergarten,\nelementary, intermediate and junior high schools and programs in\nconnection therewith in the community district. The community councils\nshall have no executive or administrative powers or functions, but shall\nhave the following powers and duties:\n 3. promote achievement of educational standards and objectives\nrelating to the instruction of students.\n 4. cooperate as required by the chancellor in the removal from office\npursuant to section twenty-five hundred ninety-l of this article of any\ncommunity council member for willful, intentional or knowing involvement\nin the hiring, appointment or assignment of employees other than as\nspecifically authorized in this article.\n 5. a. require community council members, the community superintendent,\nand any other officer or employee in schools and programs under the\njurisdiction of the community councils, to make annual written\ndisclosure, in accordance with regulations and bylaws of the city board\ndeveloped in consultation with the community councils, to the community\ncouncil and the city board, of the following information:\n (1) the employment by the city school board or any community council\nof any person related within the third degree of consanguinity or\naffinity to the person making disclosure, including the employment of\nany such person for which a two-thirds vote was required under paragraph\ne of subdivision four of section twenty-five hundred ninety-j of this\nchapter with a notation of the date such vote was taken.\n (2) the source of any income, reimbursement, gift or other form of\ncompensation for services rendered together with a description of such\nservices.\n (3) the source of any financial contribution made within the year\npreceding the election or the term of office of a community district\neducation council member to assist in the election or reelection of such\nmember of the community council, and the amount of such contribution,\nconsistent with any applicable regulations of the city board and the\nboard of elections.\n b. willful or repeated failure to make full and timely disclosure\nshall constitute cause for removal from office of any member of a\ncommunity council or for any other officer or employee disciplinary\naction and such other penalty as provided by law.\n c. all written disclosures required hereunder shall be filed with the\ncommunity council and the city board and shall be available for public\ninspection during regular business hours on regular business days.\n 6. require community council members, candidates for community\ndistrict education councils, the community superintendent and, for good\ncause shown, any other officer or employee in schools and programs under\nthe jurisdiction of the community councils to submit to the city board\nand the community councils, in accordance with regulations and bylaws of\nthe city board developed in consultation with the community councils,\nfinancial reports for themselves and their spouses.\n a. the frequency and period of coverage, the designation of persons to\nsubmit such reports by name, title or income level or by a combination\nthereof, and the content of such reports, including minimum dollar\namounts, shall be determined by the city board.\n b. willful or repeated failure to file required financial reports or\nmake other required disclosures shall constitute cause for removal from\noffice of any member of a community council or for any other officer or\nemployee disciplinary action and such other penalty as provided by law.\nNo person may assume office as a community council member without\npreviously complying with this subdivision, subdivision five of this\nsection, and with all applicable financial disclosure requirements\npromulgated by the board of elections.\n 7. participate in training and continuing education programs pursuant\nto the provisions of this subdivision.\n (1) Community district education council members shall participate in\ntraining to acquaint them with the powers, functions and duties of\ncommunity council members, as well as the powers of other governing and\nadministering authorities that affect education including the powers of\nthe commissioner, city board, chancellor and community superintendents.\nSuch participation shall be completed no later than three months from\nthe date in which a community council member takes office for the first\ntime.\n (2) Each community district education council member shall be required\nto participate in continuing education programs on an annual basis as\ndefined by the chancellor. Participation in training pursuant to\nparagraph one of this subdivision by a community district education\ncouncil member who takes office for the first time shall be deemed to\nsatisfy the requirements of this subdivision for the first year of such\nmember's term.\n (3) such training and continuing education programs shall be approved\nby the chancellor, following consultation with the commissioner, and may\nbe provided by the state education department, the city board, the\nchancellor or a nonprofit provider authorized by the chancellor to\nprovide such training and continuing education programs.\n (4) the chancellor is authorized to promulgate regulations regarding\nproviders and their certification, the content and implementation of the\ntraining and continuing education programs. Any such regulations shall\nbe developed after consultation with the commissioner.\n (5) such training and continuing education programs shall be offered\nby the chancellor on an annual basis or more frequently, as needed, to\nenable community council members to comply with this subdivision.\n (6) failure of community council members to comply with the training\nand continuing education requirements mandated by this subdivision shall\nconstitute cause for removal from office pursuant to section twenty-five\nhundred ninety-1 of this article.\n 8. Each year prepare a school district report card pursuant to\nregulations of the commissioner, and shall make it publicly available by\ntransmitting it to local newspapers of general circulation, appending it\nto copies of the proposed budget made publicly available as required by\nlaw, making it available for distribution at the annual meeting, and\notherwise disseminating it as required by the commissioner. Such report\ncard shall include measures of the academic performance of the school\ndistrict, on a school by school basis, and measures of the fiscal\nperformance of the district, as prescribed by the commissioner. Pursuant\nto regulations of the commissioner, the report card shall also compare\nthese measures to statewide averages for all public schools, and\nstatewide averages for public schools of comparable wealth and need,\ndeveloped by the commissioner. Such report card shall include, at a\nminimum, any information on the school district regarding pupil\nperformance and expenditure per pupil required to be included in the\nannual report by the requests to the governor and the legislature\npursuant to section two hundred fifteen-a of this chapter; and any other\ninformation required by the commissioner. School districts (i)\nidentified as having fifteen percent or more of their students in\nspecial education, or (ii) which have fifty percent or more of their\nstudents with disabilities in special education programs or services\nsixty percent or more of the school day in a general education building,\nor (iii) which have eight percent or more of their students with\ndisabilities in special education programs in public or private separate\neducational settings shall indicate on their school district report card\ntheir respective percentages as defined in this paragraph and paragraphs\n(i) and (ii) of this subdivision as compared to the statewide average.\n 9. Subject to paragraph (o) of subdivision one of section twenty-five\nhundred ninety-f of this article, to employ or retain counsel subject to\nthe powers and duties of the corporation counsel of the city of New York\nto be the district's attorney and counsel pursuant to subdivision a of\nsection three hundred ninety-four of the New York city charter in\nactions or proceedings in which the council or any member thereof is a\ndefendant or a respondent.\n 10. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n 11. Approve zoning lines, as submitted by the superintendent,\nconsistent with the regulations of the chancellor, applicable to schools\nunder the jurisdiction of the community district.\n 12. Hold meetings at least every month with the superintendent to\ndiscuss the current state of the schools in the district and progress\nmade toward the implementation of the district's comprehensive education\nplan required by the chancellor.\n 13. Review of the district's educational programs and assess their\neffect on student achievement.\n 14. Hold public meetings at least every month with the superintendent\nduring which the public may speak so that parents and the community have\na voice and a public forum to air their concerns.\n 15. Submit an annual evaluation of the superintendent to the\nchancellor.\n 16. Submit an annual evaluation consistent with procedures which shall\nbe developed by the chancellor of all other instructional supervisory\npersonnel who have responsibility for more than one school within the\ndistrict.\n 17. Hold a public hearing on the district's annual capacity plans,\nrecommended by the superintendent and based on data from the chancellor\non enrollment/utilization for each school within the district and submit\nsuch plan, upon approval by the community council, to the chancellor for\nhis or her approval and implementation.\n 18. Provide input, as it deems necessary, to the chancellor and the\ncity board on matters of concern to the district.\n 19. Liaison with school leadership teams as may be necessary, provide\nassistance to the school leadership teams where possible, and serve on\nthe district leadership team by designating a representative.\n 20. Consult on the selection of a community superintendent pursuant to\nsubdivision thirty of section twenty-five hundred ninety-h of this\narticle. Such consultation shall include an opportunity for the\ncommunity council to interview a minimum of three final candidates the\nchancellor is considering appointing and to provide feedback to the\nchancellor, which may include a ranked list of such candidates, prior to\nthe appointment being made.\n 21. Hold a joint public hearing with the chancellor or deputy\nchancellor, or in the case of a proposed significant change in school\nutilization the chancellor or his or her designee, and the impacted\nschool based management team regarding any proposed school closing or\nsignificant change in school utilization, including the phase-out, grade\nreconfiguration, re-siting, or co-location of schools, of any public\nschool located within the community district pursuant to subdivision\ntwo-a of section twenty-five hundred ninety-h of this article. Following\nsuch hearing, the community council may pass a resolution on whether to\nrecommend or not recommend to the city board the proposed school closing\nor significant change in school utilization, and shall transmit it to\nthe city board for its consideration at least seven days in advance of\nany city board vote on such item pursuant to section twenty-five hundred\nninety-g of this article, provided that the receipt of such resolution\nfrom the community council shall not be a precondition for the city\nboard to act on the matter.\n * NB Effective until June 30, 2026\n * § 2590-e. Powers and duties of community boards. Each community\nboard shall have the following powers and duties to establish\neducational policies and objectives, not inconsistent with the\nprovisions of this article and the policies established by the city\nboard, with respect to all pre-kindergarten, nursery, kindergarten,\nelementary, intermediate and junior high schools and programs in\nconnection therewith in the community district. The community boards\nshall have no executive or administrative powers or functions, but shall\nhave the following powers and duties:\n 1. employ a community superintendent, selected by the chancellor, by\ncontract for a term not to exceed by more than one year the term of\noffice of the community school board authorizing such contract, subject\nto removal for cause, at a salary to be fixed within the budgetary\nallocation therefor, subject to the provisions of subdivision two of\nsection twenty-five hundred ninety-j of this article. Consistent with\nprocedures of the chancellor establishing a publicly inclusive process\nfor the recruitment, screening and selection of superintendent\ncandidates, and regulations establishing educational, managerial, and\nadministrative qualifications and performance record criteria for such\nposition, the community board shall select no more than four final\ncandidates for superintendent from candidates for appointment, who shall\nhave been interviewed and screened by and with the assistance of\nparents, teachers, representatives of school support personnel, and\nadministrators, and forward such names, to the chancellor for selection\ntogether with the reasons for the recommendation of such candidates. If\nthe chancellor should reject all the candidates for written reasons\nwithin thirty days after the receipt of the proposed names, the\ncommunity board shall make another selection of no more than four new\nnames consistent with such procedures and regulations, until the\nchancellor selects a candidate. The contract of employment shall be\nconsistent with a model contract promulgated by the chancellor which\nshall include provisions for reappointment.\n 3. promote achievement of educational standards and objectives\nrelating to the instruction of students.\n 4. cooperate as required by the chancellor in the removal from office\npursuant to section twenty-five hundred ninety-l of this article of any\ncommunity board member for willful, intentional or knowing involvement\nin the hiring, appointment or assignment of employees other than as\nspecifically authorized in this article.\n 5. a. require community board members, the community superintendent,\nand any other officer or employee in schools and programs under the\njurisdiction of the community boards, to make annual written disclosure,\nin accordance with regulations and bylaws of the city board developed in\nconsultation with the community boards, to the community board and the\ncity board, of the following information:\n (1) the employment by the city school board or any community board of\nany person related within the third degree of consanguinity or affinity\nto the person making disclosure, including the employment of any such\nperson for which a two-thirds vote was required under paragraph e of\nsubdivision four of section twenty-five hundred ninety-j of this chapter\nwith a notation of the date such vote was taken.\n (2) the source of any income, reimbursement, gift or other form of\ncompensation for services rendered together with a description of such\nservices.\n (3) the source of any financial contribution made within the year\npreceding the election or the term of office of a community board member\nto assist in the election or reelection of such member of the community\nboard, and the amount of such contribution, consistent with any\napplicable regulations of the city board and the board of elections.\n b. willful or repeated failure to make full and timely disclosure\nshall constitute cause for removal from office of any member of a\ncommunity board or for any other officer or employee disciplinary action\nand such other penalty as provided by law.\n c. all written disclosures required hereunder shall be filed with the\ncommunity board and the city board and shall be available for public\ninspection during regular business hours on regular business days.\n 6. require community board members, candidates for community boards,\nthe community superintendent and, for good cause shown, any other\nofficer or employee in schools and programs under the jurisdiction of\nthe community boards to submit to the city board and the community\nboards, in accordance with regulations and bylaws of the city board\ndeveloped in consultation with the community boards, financial reports\nfor themselves and their spouses, provided that in the case of community\nboard members and candidates for community boards the statement of\nfinancial disclosure and the frequency with which it must be filed must\nsatisfy at least the requirements and standards for disclosure of\nsection seventy-three-a of the public officers law.\n a. the frequency and period of coverage, the designation of persons to\nsubmit such reports by name, title or income level or by a combination\nthereof, and the content of such reports, including minimum dollar\namounts, shall be determined by the city board.\n b. willful or repeated failure to file required financial reports or\nmake other required disclosures shall constitute cause for removal from\noffice of any member of a community board or for any other officer or\nemployee disciplinary action and such other penalty as provided by law.\nNo person may assume office as a community board member without\npreviously complying with this subdivision, subdivision five of this\nsection, and with all applicable financial disclosure requirements\npromulgated by the board of elections.\n 7. participate in training and continuing education programs pursuant\nto the provisions of this subdivision.\n (1) Community board members shall participate in training to acquaint\nthem with the powers, functions and duties of community board members,\nas well as the powers of other governing and administering authorities\nthat affect education including the powers of the commissioner, city\nboard, chancellor and community superintendents. Such participation\nshall be completed no later than six months from the date in which a\ncommunity board member takes office for the first time.\n (2) Each community board member shall be required to participate in\ncontinuing education programs on an annual basis as defined by the\nchancellor. Participation in training pursuant to paragraph one of this\nsubdivision by a community board member who takes office for the first\ntime shall be deemed to satisfy the requirements of this subdivision for\nthe first year of such member's term.\n (3) such training and continuing education programs shall be approved\nby the chancellor, following consultation with the commissioner, and may\nbe provided by the state education department, the city board, the\nchancellor or a nonprofit provider authorized by the chancellor to\nprovide such training and continuing education programs.\n (4) the chancellor is authorized to promulgate regulations regarding\nproviders and their certification, the content and implementation of the\ntraining and continuing education programs. Any such regulations shall\nbe developed after consultation with the commissioner.\n (5) such training and continuing education programs shall be offered\non an annual basis or more frequently, as needed, to enable community\nboard members to comply with this subdivision.\n (6) failure of community board members to comply with the training and\ncontinuing education requirements mandated by this subdivision shall\nconstitute cause for removal from office pursuant to section twenty-five\nhundred ninety-1 of this article.\n 8. Each year prepare a school district report card pursuant to\nregulations of the commissioner, and shall make it publicly available by\ntransmitting it to local newspapers of general circulation, appending it\nto copies of the proposed budget made publicly available as required by\nlaw, making it available for distribution at the annual meeting, and\notherwise disseminating it as required by the commissioner. Such report\ncard shall include measures of the academic performance of the school\ndistrict, on a school by school basis, and measures of the fiscal\nperformance of the district, as prescribed by the commissioner. Pursuant\nto regulations of the commissioner, the report card shall also compare\nthese measures to statewide averages for all public schools, and\nstatewide averages for public schools of comparable wealth and need,\ndeveloped by the commissioner. Such report card shall include, at a\nminimum, any information on the school district regarding pupil\nperformance and expenditure per pupil required to be included in the\nannual report by the requests to the governor and the legislature\npursuant to section two hundred fifteen-a of this chapter; and any other\ninformation required by the commissioner. School districts (i)\nidentified as having fifteen percent or more of their students in\nspecial education, or (ii) which have fifty percent or more of their\nstudents with disabilities in special education programs or services\nsixty percent or more of the school day in a general education building,\nor (iii) which have eight percent or more of their students with\ndisabilities in special education programs in public or private separate\neducational settings shall indicate on their school district report card\ntheir respective percentages as defined in this paragraph and paragraphs\n(i) and (ii) of this subdivision as compared to the statewide average.\n 9. Subject to paragraph (o) of subdivision one of section twenty-five\nhundred ninety-f of this article, to employ or retain counsel subject to\nthe powers and duties of the corporation counsel of the city of New York\nto be the district's attorney and counsel pursuant to subdivision a of\nsection three hundred ninety-four of the New York city charter in\nactions or proceedings in which the board or any member thereof is a\ndefendant or a respondent.\n 10. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n * NB Effective June 30, 2026\n