§ 2590-F — Community superintendents

* § 2590-f. Community superintendents. 1. Subject in every case to\npowers devolved to principals and schools consistent with this article,\nthe community superintendent shall have the following powers and duties\nas superintendent of schools for the community district, which shall be\nexercised in a manner to ensure the implementation of all provisions of\nlaw, rules and regulations relating to the management of the schools and\nthe delivery of instructional services:\n (a) to assist district schools in obtaining waivers from state,\nfederal and city board regulations where appropriate to promote student\nachievement and school performance.\n (b) to delegate any of her or his powers and duties to such\nsubordinate officers or employees of her or his community district as\nshe or he deems appropriate, at his or her sole discretion, and to\nmodify or rescind any power and duty so delegated.\n (c) except for the appointment of supervisors pursuant to paragraph\n(d) of this subdivision, to appoint, define the duties of, assign,\npromote and discharge all employees, including teacher-aides, of the\ncommunity district, and fix their compensation and terms of employment\nwithin amounts appropriated therefor and not inconsistent with the\nprovisions of this article and any collective bargaining agreement.\n (d) to appoint supervisory personnel from candidates screened by a\nscreening committee consistent with regulations of the chancellor\nestablishing a process that promotes parental and staff involvement in\nthe recruitment, screening, interviewing and recommendation of\ncandidates and consistent with qualifications established through\nchancellor's regulations.\n (e) to appoint or reject the principal and assistant principal\ncandidates screened by screening committees, consistent with regulations\nof the chancellor establishing a process that promotes parental and\nstaff involvement in the recruitment, screening, interviewing and\nrecommendation of candidates, and after consulting with members of the\nschool based management team. Candidates must meet the requirements of\nregulations of the chancellor establishing educational, managerial, and\nadministrative qualifications, including evaluation of each candidate's\nrecord of performance in comparable positions and shall be subject to\nthe chancellor's power to reject such appointments pursuant to section\ntwenty-five hundred ninety-h of this article.\n (f) to supervise and evaluate, at least annually, the performance of\nprincipals for every school in the district with respect to educational\neffectiveness and school performance, including effectiveness of\npromoting student achievement and parental involvement, developing an\neffective shared decision-making relationship with the school based\nmanagement team, and maintaining school discipline; the community\nsuperintendent shall have access to all school records that he or she\ndeems necessary and shall consider comments contained within an\nassessment made by the school based management team, pursuant to\nsubparagraph (vii) of paragraph (b-1) of subdivision fifteen of section\ntwenty-five hundred ninety-h of this article, when carrying out such\nevaluations.\n (g) the authority to transfer or remove principals for persistent\neducational failure, conflicts of interest, and ethics violations, and\nto require principals to participate in training and other remedial\nprograms to address identified factors affecting student achievement and\nschool performance, consistent with sections twenty-five hundred\nninety-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l\nof this article.\n (h) to review, modify and approve school-based budgets proposed by the\nschool, pursuant to section twenty-five hundred ninety-r of this\narticle, provided however, that the community superintendent shall only\napprove a school-based budget proposal after certifying that it is\nsufficiently aligned with its corresponding school's comprehensive\neducational plan. The community superintendent shall prescribe the form\nand manner in which principals must submit written justification to\ndemonstrate that the proposed school-based budget is aligned with the\nschool's comprehensive educational plan, and shall also include a\nprovision allowing for the school based management team to respond to\nsuch justification. The community superintendent shall consider the\nprincipal's written justification, along with any response provided by\nthe school based management team, prior to making such certification.\n (h-1) to establish a process that allows for school based management\nteam members, other than the principal, to dispute any decision made by\nthe principal where such team members reach a consensus that the\ndecision is inconsistent with the goals and policies set forth in their\nschool's existing comprehensive educational plan. The community\nsuperintendent shall provide a written response to the school based\nmanagement team and the principal that includes the information reviewed\nand the basis for the community superintendent's decision regarding such\ndispute.\n (i) to retain one or more district fiscal officers to monitor and\nreport on schools' expenditures pursuant to the school-based budgets.\n (j) within the amounts appropriated therefor to administer district\nminor repair and purchasing funds, and make them available to schools\nconsistent with sections twenty-five hundred ninety-i, twenty-five\nhundred ninety-r, and subdivisions thirty-six and thirty-seven of\nsection twenty-five hundred ninety-h of this article, for services and\nsupplies provided by the chancellor, the community superintendent, or\npurchased by the schools, and to provide for minor repairs to all school\nbuildings and other buildings and sites under the district's\njurisdiction.\n (k) subject to subdivision three of section twenty-five hundred\nninety-e of this article and this section, to approve or disapprove\nmatters relating to the instruction of students, including the power to\ndisapprove school choices with respect to selection of textbooks and\nother instructional materials.\n (l) (1) to provide assistance and direct support to parents in\naccessing information, addressing concerns and responding to complaints\nrelating to their child's education that cannot be resolved at the\nschool level.\n (2) to operate administrative offices and similar facilities,\nincluding social centers, and recreational and extracurricular programs,\nunder the district's jurisdiction, and the duty to support the operation\nof school facilities. The community superintendent shall establish a\ncentral office within the district and hire and supervise sufficient\nstaff to directly interact with parents, respond to information\nrequests, receive input and comments, assist the community\nsuperintendent in resolving complaints in a timely manner, and work to\ndevelop a cooperative relationship with parents and the school\ncommunity.\n (m) subject to regulations or resolutions of the city board, to\noperate cafeteria or restaurant services for pupils and teachers and for\nthe use by the community for school related functions and activities and\nto furnish meals to the elderly, sixty years of age or older, of the\ndistrict. Charges shall be sufficient to meet the direct cost of\npreparing and serving such meals, reducible by available reimbursements.\n (n) to maintain discipline in the educational and other facilities\nunder the jurisdiction of the district, including the duty to assist the\nschools in maintaining discipline.\n (o) to employ or retain counsel subject to the powers and duties of\nthe corporation counsel of the city of New York to be the district's\nattorney and counsel pursuant to subdivision a of section three hundred\nninety-four of the New York city charter; provided, however, that in\nactions or proceedings between community districts or between a\ncommunity district and the city board, each community district may be\nrepresented by its own counsel.\n (p) in compliance with rules and regulations of the commissioner,\npromulgated pursuant to section one hundred one-a of this chapter, to\ngive written notice to the family court pursuant to subdivision three of\nsection seven hundred fifty-eight-a and subdivision three of section\n353.6 of the family court act of the desire of any school under the\njurisdiction of the community district to act in the supervision of\ncertain juveniles while performing services for the public good.\n (q) to take all necessary steps to ensure the integrity of community\ndistrict operations, consistent with standards, policies, objectives,\nand regulations of the city district.\n (r) where so authorized by the chancellor, to exercise the\nchancellor's powers under subdivision thirty-one of section twenty-five\nhundred ninety-h of this article.\n (s) to provide written notice and other related information described\nin subdivision forty-eight of section twenty-five hundred ninety-h of\nthis article to every parent of a child, including a child with a\ndisability, attending a school under the jurisdiction of his or her\ncommunity district education council as directed by the chancellor.\n (t) notwithstanding any provisions of law to the contrary, to exercise\nall of the duties and responsibilities of the employing board as set\nforth in section three thousand twenty-a of this chapter pursuant to a\ndelegation of the chancellor under section twenty-five hundred ninety-h\nof this article.\n (u) to provide relevant data to the community district education\ncouncil to encourage informed and adequate public discussion on student\nachievement and the state of each school within the district.\n (v) to hold at least two public forums within the district, during\neach school year, for the purpose of reporting on the district's\nperformance, including progress made toward achieving the district\ncomprehensive educational plan goals, discussing plans for improvement,\nand receiving parental and community comments and concerns; the\ncommunity superintendent shall ensure that notice for the public forums\nis posted in a manner to maximize the participation of parents, students\nand school personnel and is specifically circulated to members of the\nschool based management teams, community district education council and\nthe relevant community boards.\n (w) to provide notice of any proposed school closing or significant\nchange in school utilization, including the phase-out, grade\nreconfiguration, re-siting, or co-location of schools, for any public\nschool within the community district to all impacted parents, including\ninformation as to where a copy of the educational impact statement, or\nrevised educational impact statement if applicable, may be obtained and\nthe date of any hearing on such school closure or significant change in\nschool utilization pursuant to subdivision two-a of section twenty-five\nhundred ninety-h of this article.\n 2. In exercising such powers and duties each community superintendent\nshall comply with all applicable provisions of law, by-laws, rules or\nregulations, directives or agreements of the chancellor and his or her\ncommunity district education council and with the city-wide educational\npolicies established by the city board and his or her community district\neducation council, including performance standards addressed to\nadministration and educational effectiveness, and any requirements for\ncontinuing training and education, embodied in standards, circulars or\nregulations promulgated by the chancellor provided however, that the\nchancellor shall ensure that community superintendents are assigned to\ntasks predominantly within their own community districts and that in no\nevent shall community superintendents be assigned any task which would\nimpair their ability to exercise the powers and duties enumerated within\nthis section, such as responding to parental comments and concerns,\nappointing and evaluating principals, approving school-based budgets,\noverseeing educational instruction, providing access to information and\nassisting with resolving complaints.\n 3. No person who has served as a member of a community district\neducation council may be employed by that board or the community\nsuperintendent of that district within a period of three years after the\ntermination of such service unless such person qualifies for the\nposition pursuant to a competitive examination and applicable provisions\nof the civil service law.\n * NB Effective until June 30, 2026\n * § 2590-f. Community superintendents. 1. Subject in every case to\npowers devolved to principals and schools consistent with this article,\nthe superintendent shall have the following powers and duties:\n (a) to assist district schools in obtaining waivers from state,\nfederal and city board regulations where appropriate to promote student\nachievement and school performance.\n (b) to delegate any of her or his powers and duties to such\nsubordinate officers or employees of her or his community district as\nshe or he deems appropriate and to modify or rescind any power and duty\nso delegated.\n (c) except for the appointment of supervisors pursuant to paragraph\n(d) of this subdivision, to appoint, define the duties of, assign,\npromote and discharge all employees, including teacher-aides, of the\ncommunity district, and fix their compensation and terms of employment\nwithin amounts appropriated therefor and not inconsistent with the\nprovisions of this article and any collective bargaining agreement.\n (d) to appoint supervisory personnel from candidates screened by a\ncommittee including parents, teachers, and school support personnel, who\nshall be selected and shall operate in a manner prescribed by\nchancellor's regulations.\n (e) to appoint or reject the principal candidates screened by\nscreening committees, in accordance with procedures and criteria\nprescribed by chancellor's regulations, and subject to the chancellor's\npower to reject such appointments pursuant to section twenty-five\nhundred ninety-h of this article.\n (f) to evaluate, at least annually, the performance of principals for\nevery school in the district with respect to educational effectiveness\nand school performance, including effectiveness of promoting student\nachievement and parental involvement, and maintaining school discipline.\n (g) the authority to transfer or remove principals for persistent\neducational failure, conflicts of interest, and ethics violations, and\nto require principals to participate in training and other remedial\nprograms to address identified factors affecting student achievement and\nschool performance, consistent with sections twenty-five hundred\nninety-h, twenty-five hundred ninety-i and twenty-five hundred ninety-l\nof this article.\n (h) to review, modify and approve school-based budgets proposed by the\nschool, pursuant to section twenty-five hundred ninety-r of this\narticle.\n (i) to retain one or more district fiscal officers to monitor and\nreport on schools' expenditures pursuant to the school-based budgets.\n (j) within the amounts appropriated therefor to administer district\nminor repair and purchasing funds, and make them available to schools\nconsistent with sections twenty-five hundred ninety-i, twenty-five\nhundred ninety-r, and subdivisions thirty-six and thirty-seven of\nsection twenty-five hundred ninety-h of this article, for services and\nsupplies provided by the chancellor, the superintendent, or purchased by\nthe schools, and to provide for minor repairs to all school buildings\nand other buildings and sites under the district's jurisdiction.\n (k) subject to subdivision three of section twenty-five hundred\nninety-e of this article and this section, to approve or disapprove\nmatters relating to the instruction of students, including the power to\ndisapprove school choices with respect to selection of textbooks and\nother instructional materials.\n (l) to operate administrative offices and similar facilities,\nincluding social centers, and recreational and extracurricular programs,\nunder the district's jurisdiction, and the duty to support the operation\nof school facilities.\n (m) subject to regulations or resolutions of the city board, to\noperate cafeteria or restaurant services for pupils and teachers and for\nthe use by the community for school related functions and activities and\nto furnish meals to the elderly, sixty years of age or older, of the\ndistrict. Charges shall be sufficient to meet the direct cost of\npreparing and serving such meals, reducible by available reimbursements.\n (n) to maintain discipline in the educational and other facilities\nunder the jurisdiction of the district, including the duty to assist the\nschools in maintaining discipline.\n (o) to employ or retain counsel subject to the powers and duties of\nthe corporation counsel of the city of New York to be the district's\nattorney and counsel pursuant to subdivision a of section three hundred\nninety-four of the New York city charter; provided, however, that in\nactions or proceedings between community districts or between a\ncommunity district and the city board, each community district may be\nrepresented by its own counsel.\n (p) in compliance with rules and regulations of the commissioner,\npromulgated pursuant to section one hundred one-a of this chapter, to\ngive written notice to the family court pursuant to subdivision three of\nsection seven hundred fifty-eight-a and subdivision three of section\n353.6 of the family court act of the desire of any school under the\njurisdiction of the community district to act in the supervision of\ncertain juveniles while performing services for the public good.\n (q) to take all necessary steps to ensure the integrity of community\ndistrict operations, consistent with regulations promulgated by the\nchancellor and the city board.\n (r) where so authorized by the chancellor, to exercise the\nchancellor's powers under subdivision thirty-one of section twenty-five\nhundred ninety-h of this article.\n ** (s) to provide written notice and other related information\ndescribed in paragraph (b) of subdivision three of section twenty-five\nhundred ninety-c of this article to every parent of a child, including a\nchild with a disability, attending a school under the jurisdiction of\nhis or her community board as directed by the chancellor.\n ** NB There are 2 par (s)'s\n ** (s) notwithstanding any provisions of law to the contrary, to\nexercise all of the duties and responsibilities of the employing board\nas set forth in section three thousand twenty-a of this chapter pursuant\nto a delegation of the chancellor under section twenty-five hundred\nninety-h of this article.\n ** NB There are 2 par (s)'s\n 2. In exercising such powers and duties each community superintendent\nshall comply with all applicable provisions of law, by-laws, rules or\nregulations, directives or agreements of the city board, the chancellor\nand his or her community board and with the educational policies\nestablished by the city board and his or her community board, including\nperformance standards addressed to administration and educational\neffectiveness, and any requirements for continuing training and\neducation, embodied in standards, circulars or regulations promulgated\nby the chancellor.\n 3. No person who has served as a member of a community board may be\nemployed by that board or the superintendent of that district within a\nperiod of three years after the termination of such service unless such\nperson qualifies for the position pursuant to a competitive examination\nand applicable provisions of the civil service law.\n * NB Effective June 30, 2026\n