§ 2590-G — Powers and duties of the city board

* § 2590-g. Powers and duties of the city board. The city board shall\nadvise the chancellor on matters of policy affecting the welfare of the\ncity school district and its pupils. The board shall exercise no\nexecutive power and perform no executive or administrative functions.\nNothing herein contained shall be construed to require or authorize the\nday-to-day supervision or the administration of the operations of any\nschool within the city school district of the city of New York. The\nboard shall have the power and duty to:\n 1. (a) approve standards, policies, and objectives proposed by the\nchancellor directly related to educational achievement and student\nperformance;\n (b) consider and approve any other standards, policies, and objectives\nas specifically authorized or required by state or federal law or\nregulation;\n (c) approve all regulations proposed by the chancellor or the city\nboard and any amendments made thereto;\n (d) approve the educational facilities capital plan, and any\namendments requiring city board approval pursuant to section twenty-five\nhundred ninety-p of this article, following any applicable hearings\nconducted by the community district education councils;\n (e) approve annual estimates of the total sum of money which it deems\nnecessary for the operation of the city district and the capital budget\npursuant to section twenty-five hundred ninety-q of this article;\n (f) approve the allocation of projected revenues among community\ndistricts and their schools pursuant to subdivision a of section\ntwenty-five hundred ninety-r of this article and to approve the\naggregation of the community district budgets, with a proposed budget\nfor administrative and operational expenditures of the city board and\nthe chancellor, following a public hearing pursuant to subdivision f of\nsection twenty-five hundred ninety-r of this article;\n (g) approve a procurement policy for the city district, and any\namendments made thereto, developed pursuant to subdivision thirty-six of\nsection twenty-five hundred ninety-h of this article; and\n (h) approve proposals for all school closures or significant changes\nin school utilization including the phase-out, grade reconfiguration,\nre-siting, or co-location of schools, following any hearing pursuant to\nsubdivision two-a of section twenty-five hundred ninety-h of this\narticle. If the city board approves such a proposal that the relevant\ncommunity council affirmatively voted against pursuant to subdivision\ntwenty-one of section twenty-five hundred ninety-e of this article, the\nboard shall provide such council an explanation for its determination\nwithin thirty days of such determination.\n 2. for all purposes, be the government or public employer of all\npersons appointed or assigned by the city board or the community\ndistricts; provided, however, that the chancellor shall have the\nauthority to appoint staff pursuant to subdivision forty-one of section\ntwenty-five hundred ninety-h of this article;\n 2-a. adopt a policy proposed by the chancellor that promotes the\nrecruitment and retention of a workforce at the city district, community\ndistrict and school level that considers the diversity of the students\nattending the public schools within the city district. The city board\nshall review at a regular public meeting an annual report issued by the\nchancellor outlining the initiatives taken to enhance diversity and\nequity in recruitment and retention and the impacts of such initiatives\nto the workforce at the city district, community district and school\nlevel;\n 3. serve as the appeal board as provided in section twenty-five\nhundred ninety-l of this article, and subject to such powers, duties,\nand restrictions as were in effect before the effective date of this\nsection;\n 4. subject to the provisions of section twenty-five hundred ninety-i\nof this article, maintain such jurisdiction over city-wide educational\npolicies governing the special, academic, vocational, and other high\nschools authorized by this article before the effective date of this\nsection as the respective community district education councils maintain\nover the schools within their jurisdiction, which shall not be construed\nto require or authorize the day-to-day supervision or the administration\nof the operations of such schools.\n 5. (a) Approve any contract awarded by the city district or the\ncommunity districts where:\n (i) such contract was let by a procurement method other than\ncompetitive sealed bidding pursuant to subdivision thirty-six of section\ntwenty-five hundred ninety-h of this article, including but not limited\nto competitive sealed proposals, or sole source contracts;\n (ii) such contract provides for technical, consultant or personal\nservices;\n (iii) the value of such contract exceeds, or projects an annual\nexpenditure exceeding one million dollars; or\n (iv) the value of any contracts awarded to a single entity exceeds one\nmillion dollars annually;\n (b) Approve all franchises, revocable consents, and concessions\nawarded by the city district or the community districts.\n (c) Notwithstanding paragraphs (a) and (b) of this subdivision, city\nboard approval shall not be required for any contract with the United\nStates General Services Administration or any other federal agency, if\nthe price is lower than the prevailing market price, or the New York\nstate office of general services or any other state agency, if the price\nis lower than the prevailing market price, or for any contract made\ndirectly by an individual school.\n 6. Approve litigation settlements only when such settlement would\nsignificantly impact the provision of educational services or\nprogramming within the district.\n 6-a. Approve by-laws for the city board pursuant to section\ntwenty-five hundred ninety-d of this article.\n 7. All items requiring city board approval shall be by a public vote\nat a regular public meeting, consistent with the requirements contained\nwithin subdivision one of section twenty-five hundred ninety-b of this\narticle, and such items shall not become effective until after such vote\noccurs except as expressly authorized in subdivision nine of this\nsection.\n 8. (a) Prior to the approval of any proposed item listed in\nsubdivision one of this section, undertake a public review process to\nafford the public an opportunity to submit comments on the proposed\nitem. Such public review process shall include notice of the item under\ncity board consideration which shall be made available to the public,\nincluding via the city board's official internet website, and\nspecifically circulated to all community superintendents, community\ndistrict education councils, community boards, and school based\nmanagement teams, at least forty-five days in advance of any city board\nvote on such item. Notice of the proposed item under city board\nconsideration shall include:\n (i) a description of the subject, purpose and substance of the\nproposed item under consideration;\n (ii) information regarding where the full text of the proposed item\nmay be obtained;\n (iii) the name, office, address, email and telephone number of a city\ndistrict representative, knowledgeable on the item under consideration,\nfrom whom any information may be obtained concerning such item;\n (iv) date, time and place of any hearing regarding the proposed item,\nif applicable;\n (v) date, time and place of the city board meeting at which the city\nboard will vote on the proposed item; and\n (vi) information on how to submit written or oral comments regarding\nthe item under consideration.\n (b) In the event that a proposed item listed in subdivision one of\nthis section is substantially revised at any time following the public\nnotice provided pursuant to paragraph (a) of this subdivision, the city\nboard shall issue a revised public notice. Such revised notice shall be\navailable at least fifteen days in advance of any city board vote on the\nproposed item, but in no event shall the city board vote on any such\nitem within forty-five days from the initial public notice provided\npursuant to paragraph (a) of this subdivision. Revised public notice of\nthe item under city board consideration shall include:\n (i) a description of the subject, purpose and substance of the revised\nitem under consideration;\n (ii) identification of all substantial revisions to the item;\n (iii) a summary of all public comments received on such item following\nthe initial public notice pursuant to paragraph (a) of this subdivision;\n (iv) information regarding where the full text of the revised item may\nbe obtained;\n (v) the name, office, address, email and telephone number of a city\ndistrict representative, knowledgeable on the item under consideration,\nfrom whom any information may be obtained concerning such item;\n (vi) date, time and place of any hearing regarding the item, if\napplicable;\n (vii) date, time and place of the city board meeting at which the city\nboard will vote on the item; and\n (viii) information on how to submit written or oral comments regarding\nthe item under consideration.\n (c) Following the public review process pursuant to paragraph (a) or\n(b) of this subdivision but prior to voting on any proposed item listed\nin subdivision one of this section, the city board shall make available\nto the public, including via the city board's official internet web\nsite, an assessment of all public comments concerning the item under\nconsideration received prior to twenty-four hours before the city board\nmeeting at which such item is subject to a vote. Such assessment shall\ninclude:\n (i) a summary and an analysis of the issues raised and significant\nalternatives suggested;\n (ii) a statement of the reasons why any significant alternatives were\nnot incorporated into the proposed item;\n (iii) a description of any changes made to the proposed item as a\nresult of public comments received; and\n (iv) information as to where the full text of any approved item may be\nobtained.\n 9. In the event the city board or the chancellor determines that\nimmediate adoption of any item requiring city board approval is\nnecessary for the preservation of student health, safety or general\nwelfare and that compliance with the requirements of subdivision seven\nor eight of this section would be contrary to the public interest, then\nsuch proposed item may be adopted on an emergency basis. The city board\nor chancellor shall provide written justification for such determination\nand make such justification publicly available including via the city\nboard's official internet web site. Except as expressly authorized for\nschool closures or significant changes in school utilizations pursuant\nto paragraph (f) of subdivision two-a of section twenty-five hundred\nninety-h of this article, all emergency adoptions shall only remain in\neffect for sixty days, during such time the city board shall comply with\nthe requirements of this subdivision in order for the adoption of the\nitem to become permanent.\n 10. Respond, at a regular public meeting, to the recommendations\nraised in the annual reports issued by the city-wide council on special\neducation, the city-wide council on English language learners, the\ncity-wide council on high schools and the city-wide council on district\nseventy-five.\n 11. Conduct an annual survey to allow parents, teachers and school\npersonnel to evaluate the performance of the city board and the\nchancellor with regards to city district resources, oversight and\ncurriculum. The results of such survey shall be made publicly available\nincluding via the city board's official internet website.\n 12. Provide information, data, estimates and statistics regarding all\nmatters relating to the city district as requested by the director of\nthe independent budget office of the city of New York or the comptroller\nof the city of New York, in a timely fashion.\n * NB Effective until June 30, 2026\n * § 2590-g. Powers and duties of the city board. The city board shall\nadvise the chancellor on matters of policy affecting the welfare of the\ncity school district and its pupils. Except as otherwise provided by\nlaw, the board shall exercise no executive power and perform no\nexecutive or administrative functions. The board shall have the power\nand duty to:\n 1. (a) approve standards, policies, objectives and regulations\nproposed by the chancellor directly related to educational achievement\nand student performance; (b) approve standards, policies, objectives and\nregulations directly related to maintaining the internal fiscal\nintegrity of administrative operations by the chancellor, the community\ndistricts and the schools; and (c) consider and approve any other\nstandards, policies, objectives and regulations at the request of the\nchancellor, or otherwise only as specifically authorized or required by\nstate or federal law or regulation;\n 2. for all purposes, be the government or public employer of all\npersons appointed or assigned by the city board or the community\ndistricts;\n 3. serve as the appeal board as provided in section twenty-five\nhundred ninety-l of this article, and subject to such powers, duties and\nrestrictions as were in effect before the effective date of this\nsection;\n 4. subject to the provisions of section twenty-five hundred ninety-i\nof this article, maintain such jurisdiction over policies governing the\nspecial, academic, vocational and other high schools authorized by this\narticle before the effective date of this section as the respective\ncommunity boards maintain over the schools within their jurisdiction,\nwhich shall not be construed to require or authorize the day-to-day\nsupervision or the administration of the operations of such schools.\n 5. (a) Prescribe regulations and bylaws requiring members of the city\nboard, the chancellor, and any other officer or employee in schools and\nprograms under the jurisdiction of the city board and the chancellor, to\nmake annual written disclosure to the city board, of the following\ninformation:\n (i) 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 article\nwith a notation of the date such vote was taken.\n (ii) the source of any income, reimbursement, gift or other form of\ncompensation for services rendered together with a description of such\nservices.\n (b) Regulations and bylaws authorized herein shall apply with equal\nforce and effect to community board members, community superintendents\nand all other officers and employees in schools and programs under the\njurisdiction of the community boards.\n (c) The city board shall review, at least once annually, compliance\nwith the requirements of subdivisions five and six of section\ntwenty-five hundred ninety-e of this article and regulations or bylaws\nprescribed hereunder. Any community board member, community\nsuperintendent or other officer or employee required to make disclosure\nwho fails to make such disclosure shall be notified in writing of their\nfailure to do so and given thirty days within which to comply.\n (d) Willful failure to make full and timely disclosure shall\nconstitute cause for removal from office of any member of the city board\nor for any other officer or employee disciplinary action and such other\npenalty as provided by law.\n (e) Disclosures made pursuant to the requirements herein and any\nnotification of failure to make disclosures shall be made available for\npublic inspection during regular business hours on regular business\ndays; and\n 6. (a) Prescribe regulations and bylaws requiring members of the city\nboard, the chancellor and, for good cause shown, any other officer or\nemployee in schools and programs under the jurisdiction of the city\nboard and the chancellor, to submit to the city board, in the discretion\nof the city board, financial reports for themselves and their spouses.\n (b) The frequency and period of coverage, the designation of persons\nto submit such reports by name, title or income level or by a\ncombination thereof, and the content of such reports, including minimum\ndollar amounts, shall be determined by the city board and such reports\nmay include but not necessarily be limited to the following:\n (i) amount and source of income for services rendered, together with a\ndescription of such services;\n (ii) amount and source of gifts, capital gains, reimbursements for\nexpenditures, and honoraria;\n (iii) investments in securities and real property;\n (iv) amount of debts and names of creditors;\n (v) outstanding loans and other forms of indebtedness due to person\nreporting or spouse, by name and amounts;\n (vi) trusts and other fiduciary relationships and their assets in\nwhich a beneficial interest is held.\n (c) Regulations and bylaws authorized herein shall apply with equal\nforce and effect to community board members, community superintendents\nand all other officers and employees in schools and programs under the\njurisdiction of the community boards.\n (d) Willful failure to file required financial reports shall\nconstitute cause for removal from office of any member of the city board\nor for any other officer or employee disciplinary action and such other\npenalty as provided by law.\n * NB Effective June 30, 2026\n