§ 2590-H — Powers and duties of chancellor

New York § 2590-H

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

Text

* § 2590-h. Powers and duties of chancellor. The office of chancellor\nof the city district is hereby continued. Such chancellor shall serve at\nthe pleasure of and be employed by the mayor of the city of New York by\ncontract. The chancellor shall meet the requirements of subdivision one\nof section three thousand three of this chapter, provided that a person\nwho has been issued a certificate as superintendent of schools pursuant\nto subdivision three of such section may serve as chancellor on the\nbasis of such certificate for no longer than six months. The length of\nsuch contract shall not exceed by more than two years the term of office\nof the mayor authorizing such contract. The chancellor shall receive a\nsalary to be fixed by the mayor within the budgetary allocation\ntherefor. He or she shall exercise all his or her powers and duties in a\nmanner not inconsistent with the city-wide educational policies of the\ncity board. The chancellor shall have the following powers and duties as\nthe superintendent of schools and chief executive officer for the city\ndistrict, which the chancellor shall exercise to promote an equal\neducational opportunity for all students in the schools of the city\ndistrict, promote fiscal and educational equity, increase student\nachievement and school performance and encourage local school-based\ninnovation, including the power and duty to:\n 1. Control and operate:\n (a) academic and vocational senior high schools until such time as the\nsame may be transferred to the jurisdiction of appropriate community\ndistrict education councils pursuant to this article;\n (b) all specialized senior high schools. The special high schools\nshall include the present schools known as:\n The Bronx High School of Science, Stuyvesant High School, Brooklyn\nTechnical High School, Fiorello H. LaGuardia High School of Music and\nthe Arts in the borough of Manhattan, and such further schools which the\ncity board may designate from time to time. The special schools shall be\npermitted to maintain a discovery program in accordance with the law in\neffect on the date preceding the effective date of this section;\nadmissions to the special schools shall be conducted in accordance with\nthe law in effect on the date preceding the effective date of this\nsection;\n (c) all special education programs and services conducted pursuant to\nthis chapter;\n (d) subject to the provisions of section twenty-five hundred ninety-i\nof this article, devolving powers to the schools, city-wide programs for\ncity-wide services to a substantial number of persons from more than one\ncommunity district, including transportation; food services; payroll and\npersonnel functions, including pension and retirement services; and\nenforcement of laws and regulations promoting equal opportunity in\nemployment, access to public accommodations and facilities, equal\nopportunity in education, and preventing and addressing unlawful\ndiscrimination; provided, however, that a community district may also\noperate within its district programs which provide similar services\notherwise authorized by this article.\n 2. Establish, control and operate new schools or programs of the types\nspecified in subdivision one of this section, or to discontinue any such\nschools and programs as he or she may determine; provided, however, that\nthe chancellor shall consult with the affected community district\neducation council before:\n (a) substantially expanding or reducing such an existing school or\nprogram within a community district;\n (b) initially utilizing a community district school or facility for\nsuch a school or program;\n (c) instituting any new program within a community district.\n 2-a. (a) Notwithstanding any other provision to the contrary, prepare\nan educational impact statement regarding any proposed school closing or\nsignificant change in school utilization, including the phase-out, grade\nreconfiguration, re-siting, or co-location of schools, for any public\nschool located within the city district.\n (b) Such educational impact statement shall include the following\ninformation regarding the proposed school closing or significant change\nin school utilization:\n (i) the current and projected pupil enrollment of the affected school,\nthe prospective need for such school building, the ramifications of such\nschool closing or significant change in school utilization upon the\ncommunity, initial costs and savings resulting from such school closing\nor significant change in school utilization, the potential disposability\nof any closed school;\n (ii) the impacts of the proposed school closing or significant change\nin school utilization to any affected students;\n (iii) an outline of any proposed or potential use of the school\nbuilding for other educational programs or administrative services;\n (iv) the effect of such school closing or significant change in school\nutilization on personnel needs, the costs of instruction,\nadministration, transportation, and other support services;\n (v) the type, age, and physical condition of such school building,\nmaintenance, and energy costs, recent or planned improvements to such\nschool building, and such building's special features;\n (vi) the ability of other schools in the affected community district\nto accommodate pupils following the school closure or significant change\nin school utilization; and\n (vii) information regarding such school's academic performance\nincluding whether such school has been identified as a school under\nregistration review or has been identified as a school requiring\nacademic progress, a school in need of improvement, or a school in\ncorrective action or restructuring status.\n (c) Such educational impact statement shall be made publicly\navailable, including via the city board's official internet website, and\na copy shall also be filed with the city board, the impacted community\ncouncil, community boards, community superintendent, and school based\nmanagement team at least six months in advance of the first day of\nschool in the succeeding school year.\n (d) No sooner than thirty days, but no later than forty-five days\nfollowing the filing of the educational impact statement, the chancellor\nor deputy chancellor, or in the case of a proposed significant change in\nschool utilization the chancellor or his or her designee, shall hold a\njoint public hearing with the impacted community council and school\nbased management team, at the school that is subject to the proposed\nschool closing or significant change in school utilization, and shall\nallow all interested parties an opportunity to present comments or\nconcerns regarding the proposed school closing or significant change in\nschool utilization. The chancellor shall ensure that notice of such\nhearing is widely and conspicuously posted in such a manner to maximize\nthe number of affected individuals that receive notice, including\nproviding notice to affected parents and students, and shall also notify\nmembers of the community boards and the elected state and local\nofficials who represent the affected community district.\n (d-1) So long as the revised proposal does not impact any school other\nthan a school that was identified in the initial educational impact\nstatement, the chancellor, after receiving public input, may\nsubstantially revise the proposed school closing or significant change\nin school utilization provided that the chancellor shall prepare a\nrevised educational impact statement, in the form prescribed in\nparagraph (b) of this subdivision, and publish and file such educational\nimpact statement in the same manner as prescribed in paragraph (c) of\nthis subdivision. No sooner than fifteen days following the filing of\nsuch revised educational impact statement, the chancellor or deputy\nchancellor, or in the case of a significant change in school utilization\nthe chancellor or his or her designee, shall hold a joint public hearing\nwith the impacted community council and school based management team, at\nthe school that is subject to the proposed school closing or significant\nchange in school utilization and shall allow all interested parties an\nopportunity to present comments and concerns regarding such proposal.\nThe chancellor shall ensure that notice of such hearing is widely and\nconspicuously posted in such a manner to maximize the number of affected\nindividuals that receive notice, including providing notice to affected\nparents and students, and shall also notify members of the community\nboards and the elected state and local officials who represent the\naffected community district.\n (e) Except as otherwise provided in paragraph (f) of this subdivision,\nall proposed school closings or significant changes in school\nutilization shall be approved by the city board pursuant to section\ntwenty-five hundred ninety-g of this article and shall not take effect\nuntil all the provisions of this subdivision have been satisfied and the\nschool year in which such city board approval was granted, has ended.\n (f) In the event that the chancellor determines that a school closing\nor significant change in school utilization is immediately necessary for\nthe preservation of student health, safety or general welfare, the\nchancellor may temporarily close a public school or adopt a significant\nchange in the school's utilization on an emergency basis. Such emergency\nschool closing or significant change in school utilization shall only\nremain in effect for six months, during such time the chancellor shall\ncomply with the requirements of this subdivision in order for such\nschool closure or significant change in school utilization to extend\nbeyond the six month period.\n 3. Subject to the approval of the city board, develop a plan to\nprovide for the establishment of comprehensive high schools within the\ncity district so that every community district shall have available to\nits graduates further education and a comprehensive high school. Such\nplan may provide for the conversion of academic and vocational high\nschools and may be amended or modified from time to time.\n 4. Appoint teacher-aides for the schools and programs under his or her\njurisdiction within the budgetary allocation therefor.\n 5. Retain jurisdiction over all employees who are required in\nconnection with the performance of duties with respect to the design,\nconstruction, operation and maintenance of all school buildings in the\ncity school district. Such employees shall have all rights accorded them\nunder the provisions of the civil service law, including manner of\nappointment, classification, promotion, transfer and removal including\nan opportunity to be heard provided, however, that each custodian shall\nbe responsible for the performance of his or her duties to the principal\nof the school who shall be responsible to the district superintendent.\n 6. Employ or retain counsel subject to the powers and duties of the\ncorporation counsel of the city of New York to be his or her attorney\nand 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 the city board or the chancellor and one\nor more community boards, the city board or the chancellor shall be\nrepresented by the corporation counsel of the city of New York.\n 7. To continue existing voluntary programs or to establish new\nprograms under which students may choose to attend a public school in\nanother community district.\n 8. Promulgate minimum clear educational standards, curriculum\nrequirements and frameworks, and mandatory educational objectives\napplicable to all schools and programs throughout the city district, and\nexamine and evaluate periodically all such schools and programs with\nrespect to\n (i) compliance with such educational standards and other requirements,\nand\n (ii) the educational effectiveness of such schools and programs, in a\nmanner not inconsistent with the policies of the city board.\n 9. Furnish community district education councils and the city board\nperiodically with the results of such examinations and evaluations and\nto make the same public.\n 10. Require each community superintendent to make an annual report\ncovering all matters relating to schools under the district's\njurisdiction including, but not limited to, the evaluation of the\neducational effectiveness of such schools and programs connected\ntherewith.\n 11. Require such community district education council or\nsuperintendent to make such number of periodic reports as may be\nnecessary to accomplish the purposes of this chapter.\n 13. Perform the following functions throughout the city district;\nprovided, however, that the chancellor and any community district\neducation council may agree that any such function may be appropriately\nperformed by the community district education council with respect to\nthe schools and programs under its jurisdiction:\n (a) Technical assistance to community districts and schools;\n (b) Such warehouse space on a regional basis as he or she determines\nto be necessary or appropriate after consultation with the community\nsuperintendents;\n (c) Purchasing services on a city-wide, regional or community district\nbasis subject to subdivision thirty-six of this section;\n (d) Reinforce and foster connections to institutions of higher\neducation to promote student achievement.\n 14. Develop and furnish pre-service and in-service training programs\nfor principals and other employees throughout the city district. In\naddition, the chancellor shall prepare and annually update a training\nplan for participating parents, and school personnel, which shall\ninclude, at minimum, such training as may be required for exercise of\ntheir responsibilities, full participation and compliance with the\nprovisions of this section. The chancellor shall, in addition, within\namounts appropriated, allocate sufficient funds directly and to the\nsuperintendents for teacher and principal training to meet identified\nneeds for school improvement.\n 15. Promote the involvement and appropriate input of all members of\nthe school community pursuant to the provisions of this article,\nincluding parents, teachers, and other school personnel, including:\n (a) establishing a parents' association or a parent-teachers'\nassociation in each public school under the chancellor's jurisdiction;\nand ensuring that the districts and charter schools located within the\ncity district do the same; the chancellor shall ensure that meetings of\nsuch parents' associations or parent-teachers' associations shall comply\nwith section four hundred fourteen of this chapter;\n (b) pursuant to a plan prepared in consultation with associations of\nparents, and representatives of teachers, supervisors, paraprofessionals\nand other school personnel within the city district, and promulgated no\nlater than January thirty-first, nineteen hundred ninety-eight, (i)\ntaking all necessary steps to ensure that no later than October first,\nnineteen hundred ninety-nine, the city district and the community\ndistricts are in full compliance, and remain in compliance thereafter,\nwith state and federal law and regulations concerning school-based\nmanagement and shared decision-making, including section 100.11 of the\ncommissioner's regulations, in a manner which balances participation by\nparents with participation by school personnel in advising in the\ndecisions devolved to schools pursuant to sections twenty-five hundred\nninety-i and twenty-five hundred ninety-r of this article, and (ii)\npursuant to such plan providing for appropriate training to any parent\nand school personnel who participate in the school based management and\nshared decision-making process;\n (b-1) school based management teams developed pursuant to paragraph\n(b) of this subdivision shall possess the following powers and duties:\n (i) develop an annual school comprehensive educational plan and\nconsult on the school-based budget pursuant to section twenty-five\nhundred ninety-r of this article. Such school comprehensive educational\nplan shall be developed concurrently with the development of the\nschool-based budget so that it may inform the decision-making process\nand result in the alignment of the comprehensive educational plan and\nthe school-based budget for the ensuing school year. Such plan shall be\nsubmitted to the community superintendent along with the principal's\nwritten justification demonstrating that the school-based budget\nproposal is aligned with the school's comprehensive educational plan and\nthe school based management team's response to such justification\npursuant to paragraph (h) of subdivision one of section twenty-five\nhundred ninety-f of this article. In the case of specialized, academic,\nvocational, and other high schools that are not under the jurisdiction\nof a community superintendent, such plan shall be submitted to the\nchancellor pursuant to subdivision e of section twenty-five hundred\nninety-r of this article. The chancellor shall ensure that the\ncomprehensive educational plan of every school within the city district\nis easily accessible and be made available for public inspection\nincluding via the city board's official internet website;\n (ii) hold at least one meeting per month during the school year. Each\nmonthly meeting shall be held at a time that is convenient for the\nparent representatives;\n (iii) provide notice of monthly meetings that is consistent with the\nopen meetings law;\n (iv) have parent members of such teams make recommendations,\nconsistent with the chancellor's regulations, on the selection of the\nschool principal and have all members be consulted prior to the\nappointment of any principal candidate to its school;\n (v) undergo initial and ongoing training that will allow its members\nto carry out their duties effectively;\n (vi) dispute any decision made by the principal to the community\nsuperintendent pursuant to section twenty-five hundred ninety-f of this\narticle where members of the school based management team, other than\nthe principal, reach a consensus that the decision is inconsistent with\nthe goals and policies set forth in the school's existing comprehensive\neducational plan; and\n (vii) provide to the community superintendent an annual assessment of\nthe school principal's record of developing an effective shared\ndecision-making relationship with school based management team members;\nand\n (c) developing, in consultation with associations of parents in the\ncity district, and implementing no later than October first, nineteen\nhundred ninety-eight, a parental bill of rights which provides for, at\nminimum:\n (i) reasonable access by parents, persons in parental relation and\nguardians to schools, classrooms, and academic and attendance records of\ntheir own children, consistent with federal and state laws, provided\nthat such access does not disrupt or interfere with the regular school\nprocess;\n (ii) the rights of parents, persons in parental relation and guardians\nto take legal action and appeal the decisions of the school\nadministration, as authorized by law;\n (iii) the right of parents, persons in parental relation and guardians\nto have information on their own child's educational materials;\n (iv) access to and information about all public meetings, hearings of\nthe chancellor, the city board, the community superintendents, the\ncommunity district education councils, and the schools; and\n (v) access to information regarding programs that allow students to\napply for admission where appropriate to schools outside a student's own\nattendance zone; and\n (d) require each public school under the chancellor's jurisdiction to\nhave a parent coordinator who shall be responsible for engaging with and\ninvolving parents in the school community by working with the school\nprincipal, school personnel, school based management team, parent\nassociations, and community groups to identify parent and related school\nand community issues. The community district education council of each\nschool shall be consulted prior to the selection of the parent\ncoordinator. Such consultation shall include an opportunity for the\ncommunity district education council to meet with the final candidate or\ncandidates the school principal is considering selecting and to provide\nfeedback to the principal prior to the selection being made.\n The chancellor shall by rule or regulation provide for the involvement\nincluding membership, in any parents' association or parent-teacher\nassociation established pursuant to this subdivision, of a grandparent\nwho is in parental relation to a child who attends a school within the\njurisdiction of the community school district. For purposes of this\nsubdivision, a grandparent shall be considered to be in parental\nrelation to a child when such grandparent has assumed care of such child\nbecause such child's parents are not available due to death,\nimprisonment, mental illness, living outside the state, abandonment of\nthe child, or other circumstances. A determination of whether a\ngrandparent is in parental relation to a child shall be based upon the\nindividual circumstances surrounding guardianship and custodial care of\nsuch child.\n 16. Promulgate such rules and regulations as he or she may determine\nto be necessary or convenient to accomplish the purposes of this act,\nnot inconsistent with the provisions of this article and the city-wide\neducational policies of the city board.\n 16-a. Create standards, policies, and objectives and promulgate\nregulations directly related to maintaining the internal fiscal\nintegrity of administrative operations by the chancellor, the community\ndistricts, and the schools.\n 17. Possess those powers and duties described in section twenty-five\nhundred fifty-four of this title, the exercise of which shall be in a\nmanner not inconsistent with the provisions of this article and the\ncity-wide educational policies of the city board.\n 18. Possess those powers and duties contained in section nine hundred\ntwelve of this chapter and those provisions of article fifteen of this\nchapter which relate to non-public schools, those powers and duties\ncontained in section five hundred twenty-two of the New York city\ncharter, and those powers and duties contained in article seventy-three\nof this chapter, the exercise of which shall be in a manner not\ninconsistent with the provisions of this article and the city-wide\neducational policies of the city board.\n 19. Delegate any of his or her powers and duties to such subordinate\nofficers or employees as he or she deems appropriate and to modify or\nrescind any power and duty so delegated.\n 20. Ensure compliance with qualifications established for all\npersonnel employed in the city district, including the taking of\nfingerprints as a prerequisite for licensure and/or employment of such\npersonnel. Every set of fingerprints taken pursuant to this subdivision\nshall be promptly submitted to the division of criminal justice services\nwhere it shall be appropriately processed. Furthermore, the division of\ncriminal justice services is authorized to submit the fingerprints to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n 21. Perform the functions of the bureau of audit throughout the city\ndistrict, including ensuring compliance with subdivisions thirty-six and\nthirty-seven of this section.\n 22. Establish uniform procedures for record keeping, accounting and\nreporting throughout the city district, including pupil record keeping,\naccounting and reporting.\n 23. Develop an educational facilities master plan, and revisions\nthereto, as defined in section twenty-five hundred ninety-o of this\narticle.\n 24. Develop and implement a five-year educational facilities capital\nplan, and amendments thereto, as defined in section twenty-five hundred\nninety-p of this article. The chancellor shall also appoint a person,\nwho reports directly to the chancellor or his or her designee, to assist\nin the development and implementation of such plan and amendments\nthereto and to oversee the school buildings program.\n 25. On the chancellor's own initiative, or at the request of a\ncommunity superintendent, transfer a principal employed by a community\nschool district pursuant to an agreement with the employee organization\nrepresenting such principals. The chancellor shall establish a procedure\nfor consulting with affected parents to explain any such transfer.\nConsistent with section twenty-five hundred ninety-i of this article,\nincluding without limitation subdivision three thereof, and subdivision\none thereof with respect to the rights and obligations of a school to\nwhich a principal is transferred, in addition to any other law providing\nfor the transfer of principals, the chancellor also may cause the\ntransfer or removal of principals for persistent educational failure,\nconflicts of interest, and ethics violations, and may require principals\nto participate in training and other remedial programs to address\nidentified factors affecting student achievement and school performance.\n 26. Establish educational and experience qualifications and\nrequirements for all custodial positions including, but not limited to,\ncustodians and custodial engineers and develop standards for evaluating\nthe performance of all such individuals, subject to approval of the city\nboard. Such performance standards shall include, but not be limited to:\nthe cleanliness of facilities; adequacy and timeliness of minor repairs;\nmaintenance of good working order of facilities and grounds; general\nfacilities improvement; and emergency services. The chancellor shall\npromulgate regulations setting forth the respective responsibilities of\nthe district plant manager, which shall include regular consultation and\nongoing reports to the community superintendent, and the principal of\neach school for evaluating the performance of the custodial employees\nassigned to his or her school, in accordance with such performance\nstandards, and such performance evaluations shall be given dominant\nweight in any decision for the purposes of: advancement; continued\nemployment; building transfers; and other performance incentives. The\nresponsibility of the principal of each school in the evaluation of\ncustodial employees may be a matter for collective bargaining with\ncollective bargaining representatives for principals.\n 27. Promulgate regulations, in conjunction with each community\nsuperintendent, establishing a plan for providing access to school\nfacilities in each community school district, when not in use for school\npurposes, in accordance with the provisions of section four hundred\nfourteen of this chapter. Such plan shall set forth a reasonable system\nof fees not to exceed the actual costs and specify that no part of any\nfee shall directly or indirectly benefit or be deposited into an account\nwhich inures to the benefit of the custodians or custodial engineers.\n 29. Promulgate regulations establishing educational, managerial, and\nadministrative qualifications, performance record criteria, and\nperformance standards for the positions of superintendent and principal.\n 30. Select and appoint a community superintendent, in compliance with\nthe qualifications required by subdivision twenty-nine of this section\nand subject to the provisions of subdivision two of section twenty-five\nhundred ninety-j of this article, and in consultation with the\ncorresponding community district education council, at a salary to be\nfixed within the budgetary allocation therefor.\n 31. Intervene in any district or school which is persistently failing\nto achieve educational results and standards approved by the city board\nor established by the state board of regents, or has failed to improve\nits educational results and student achievement in accordance with such\nstandards or state or city board requirements, or in any school or\ndistrict in which there exists, in the chancellor's judgment, a state of\nuncontrolled or unaddressed violence. The chancellor may, in addition to\nexercising any other powers authorized by this article, require such\nschool principal, or district as the case may be, to prepare a\ncorrective action plan, with a timetable for implementation of steps\nacceptable to the chancellor to reach improvement goals consistent with\ncity board standards and educational results. The chancellor may require\nthe school or district to alter or improve the corrective action plan,\nor may directly modify the plan. The chancellor shall monitor\nimplementation of the plan, and, if the school or district fails to\nimplement it, may supersede any inconsistent decision of the school\nprincipal, community district education council or community\nsuperintendent; assume joint or direct control of the operation of the\nschool or district to implement the corrective action plan; or take any\nother action authorized by this article. Any action of the chancellor to\nsupercede an inconsistent decision of the school principal, community\ndistrict education council or community superintendent, or to assume\njoint or direct control of the operation of the school or district\npursuant to this subdivision may be appealed to the city board in\naccordance with section twenty-five hundred ninety-g of this article.\n 32. Appoint a deputy, for each borough of the city of New York,\nresponsible for coordinating and periodically meeting and consulting\nwith the borough president, the chancellor and the community\nsuperintendents in the borough on borough-specific issues and issues of\nborough-wide significance, including the provision of services in\nsupport of schools and community districts such as transportation,\npurchasing, capital planning, and coordination with municipal services,\nand chancellor and city board policy with respect to the high schools.\n 33. Require community school board members to participate in training\nand retraining in order to promote district and school performance and\nstudent achievement, as a continuing condition for membership.\n 35. Take all necessary steps to promote the effectiveness and\nintegrity of school-based budgeting pursuant to section twenty-five\nhundred ninety-r of this article, including the obligations imposed by\nsubdivision thirty-seven of this section.\n 36. Develop a procurement policy for the city school district of the\ncity of New York and the community districts and public schools therein\nto ensure the wise and prudent use of public money in the best interest\nof the taxpayers of the state; guard against favoritism, improvidence,\nextravagance, fraud, and corruption; and ensure that contracts are\nawarded consistent with law and on the basis of best value, including,\nbut not limited to, the following criteria: quality, cost and\nefficiency.\n (a) Such policy shall specifically include:\n (i) a competitive sealed bidding process for the awarding of contracts\nin which sealed bids are publicly solicited and opened and that a\ncontract is awarded to the lowest responsive, responsible bidder;\n (ii) processes for awarding contracts using alternatives to\ncompetitive sealed bidding where competitive sealed bidding is not\npracticable or not advantageous, in which case the most competitive\nalternative method of procurement, which is appropriate under the\ncircumstances, shall be used consistent with the requirements of\nsubparagraph (vii) of this paragraph;\n * (iii) measures to enhance the ability of minority and women owned\nbusiness enterprises pursuant to section thirteen hundred four of the\nNew York city charter and a certified business as defined in section\nthree hundred ten of the executive law, including firms certified\npursuant to article fifteen-A of the executive law and firms certified\nas minority and women owned business enterprises pursuant to section\nthirteen hundred four of the New York city charter, to compete for\ncontracts and to ensure their meaningful participation in the\nprocurement process. The school district shall have the authority to use\nthe same measures, to enhance minority and women owned business\nenterprise participation as are available to the city of New York\npursuant to article five-A of the general municipal law, section\nthirteen hundred four of the New York city charter, paragraphs one and\ntwo of subdivision i of section three hundred eleven of the New York\ncity charter, and section 6-129 of the administrative code of the city\nof New York;\n * NB Effective until February 22, 2024\n * (iii) measures to enhance the ability of minority and women owned\nbusiness enterprises pursuant to section thirteen hundred four of the\nNew York city charter and a certified business as defined in section\nthree hundred ten of the executive law, including firms certified\npursuant to article fifteen-A of the executive law and firms certified\nas minority and women owned business enterprises pursuant to section\nthirteen hundred four of the New York city charter, to compete for\ncontracts and to ensure their meaningful participation in the\nprocurement process. The city district shall have the authority to use\nthe same measures to enhance minority and women owned business\nenterprise and small business participation as are available to the city\nof New York pursuant to article five-A of the general municipal law,\nsections thirteen hundred four and thirteen hundred nine of the New York\ncity charter, paragraphs one and two of subdivision i of section three\nhundred eleven of the New York city charter, and section 6-129 of the\nadministrative code of the city of New York, provided that these\npolicies may establish that the city district is subject to the rules\nand goal authorized under subdivision g of section thirteen hundred nine\nof such charter with respect to a mentoring program established pursuant\nto this subparagraph, and provided further that, if such policies\nsubjecting the city district to such rules and goal are adopted, the\nchancellor and the city, acting by the mayor, may enter into a\nmemorandum of understanding relating to mentoring opportunities\nauthorized under this subparagraph;\n * NB Effective February 22, 2024\n * NB Repealed February 22, 2034 or upon the expiration of this section\nor subdivision (see chapter 604 of 2023 § 7 sb b)\n (iv) the manner for administering contracts and overseeing the\nperformance of contracts and contractors;\n (v) standards and procedures to be used in determining whether bidders\nare responsible;\n (vi) circumstances under which procurement may be used for the\nprovision of technical, consultant or personal services;\n (vii) requiring written justification for the basis, including the\nefficiency, benefit, and necessity, for awarding a contract using\nprocurement methods other than competitive sealed bidding including\ncompetitive sealed proposals and sole source contracts, and for awarding\ntechnical, consultant, or personal services contracts, franchises,\nrevocable consents, or concessions. Such written justification shall be\nfiled with the comptroller of the city of New York along with the\ncorresponding contract, franchise, revocable consent, or concession;\n (viii) maintaining a file for every contract franchise, revocable\nconsent, and concession containing information pertaining to the\nsolicitation, award and management of every such contract or agreement.\nSuch file shall contain copies of each determination, writing or filing\nrequired by this subdivision and shall be open to public inspection with\nadequate protection for information which is confidential;\n (ix) a process for the filing of all contracts, franchises, revocable\nconsents, and concessions with the comptroller of the city of New York;\n * (x) a process for emergency procurement in the case of an unforeseen\ndanger to life, safety, property or a necessary service provided that\nsuch procurement shall be made with such competition as is practicable\nunder the circumstances and that a written determination of the basis\nfor the emergency procurement shall be required and filed with the\ncomptroller of the city of New York when such emergency contract is\nfiled with such comptroller; and\n * NB Effective until May 15, 2024\n * (x) a process for emergency procurement in the case of an unforeseen\ndanger to life, safety, property or a necessary service provided that\nsuch procurement shall be made with such competition as is practicable\nunder the circumstances and that a written determination of the basis\nfor the emergency procurement shall be required and filed with the\ncomptroller of the city of New York when such emergency contract is\nfiled with such comptroller;\n * NB Effective May 15, 2024 and until May 15, 2029 or until sb 36\nexpires, whichever is sooner\n * (x) a process for emergency procurement in the case of an unforeseen\ndanger to life, safety, property or a necessary service provided that\nsuch procurement shall be made with such competition as is practicable\nunder the circumstances and that a written determination of the basis\nfor the emergency procurement shall be required and filed with the\ncomptroller of the city of New York when such emergency contract is\nfiled with such comptroller; and\n * NB Effective May 15, 2029 if sb 36 is still in effect\n * (xi) procedures for the fair and equitable resolution of contract\ndisputes.\n * NB Effective until May 15, 2024\n * (xi) procedures for the fair and equitable resolution of contract\ndisputes; and\n * NB Effective May 15, 2024 and until May 15, 2029 or until sb 36\nexpires, whichever is sooner\n * (xi) procedures for the fair and equitable resolution of contract\ndisputes.\n * NB Effective May 15, 2029 if sb 36 is still in effect\n * (xii) employment goals established in accordance with the program\nestablished pursuant to section thirty-five hundred two of the New York\ncity charter, including but not limited to employment goals established\npursuant to paragraph seven of subdivision a and the corresponding best\nefforts provisions set forth in subdivision d of such section; provided,\nhowever, that where a provision of such section requires action by the\ndirector of the office of community hiring and workforce development,\nsuch action shall not be taken by the director of the office of\ncommunity hiring and workforce development but shall be taken by the\nchancellor or his or her designee.\n * NB Effective May 15, 2024\n * NB Repealed May 15, 2029 or upon the repeal of sb 36, whichever is\nearlier\n (b) Consistent with the provisions of paragraph (a) of this\nsubdivision such policy shall also include: (i) standards for quality,\nfunction, and utility of all material goods, supplies, and services\npurchased by the chancellor, superintendents, or schools; (ii)\nregulations which enable superintendents and schools to purchase\nmaterial goods, supplies, and services directly from vendors or\nsuppliers when such products are available at prices or other terms more\neconomically beneficial for the purposes of the acquiring superintendent\nor school; and (iii) regulations shall include repair services and\nbuilding supplies, as defined in such regulations, for expenditures from\neach district's minor repair and purchasing funds pursuant to section\ntwenty-five hundred ninety-r of this article.\n (c) The chancellor shall be responsible for certifying that the\nprocedural requisites pursuant to this subdivision and section\ntwenty-five hundred ninety-g of this article have been met, prior to the\nfiling any contract awarded by a procurement method other than\ncompetitive sealed bidding, or prior to filing any technical,\nconsultant, or personal services contract, franchise, revocable consent,\nor concession with the comptroller of the city of New York. The\ncorporation counsel for the city of New York shall certify prior to the\nfiling of such contract or agreement with the comptroller of the city of\nNew York, that the city district has legal authority to award each such\ncontract or agreement.\n (d) (i) No contract, franchise, revocable consent or concession shall\nbe implemented until a copy has been filed with the comptroller of the\ncity of New York and either such comptroller has registered it or thirty\ndays have elapsed from the date of filing, whichever is sooner, unless\nan objection has been filed pursuant to subparagraph (iii) of this\nparagraph, or the comptroller of the city of New York has grounds for\nnot registering such contract or agreement under subparagraph (ii) of\nthis paragraph.\n (ii) Subject to the provisions of subparagraph (iii) of this\nparagraph, the comptroller of the city of New York shall register such\ncontract or agreement within thirty days unless such comptroller has\ninformation indicating that:\n (1) there remains no unexpended and unapplied balance of the\nappropriation or fund applicable thereto, sufficient to pay the\nestimated expense of executing such contract or agreement;\n (2) a certification required pursuant to this paragraph has not been\nmade; or\n (3) the proposed vendor has been debarred by the city of New York.\n (iii) The comptroller of the city of New York may, within thirty days\nof the date of filing of the contract, franchise, revocable consent or\nconcession with his or her office, object in writing to the registration\nof such contract or agreement, if in such comptroller's judgment there\nis sufficient reason to believe that there is possible corruption in the\nletting of such contract or agreement or that the proposed contractor is\ninvolved in corrupt activity. Such objection shall be delivered within\nsuch thirty day period to the mayor of the city of New York setting\nforth in detail the grounds for the New York city comptroller's\ndetermination. The mayor of the city of New York may require\nregistration of the contract or agreement despite the New York city\ncomptroller's objections if the mayor of the city of New York has\nresponded to such comptroller's objections in writing, indicating:\n (1) the corrective actions if any, that have been taken or will be\ntaken in response to such comptroller's objections, or\n (2) the reasons why the mayor of the city of New York disagrees with\nsuch comptroller's objections.\n Such response by the mayor of the city of New York shall not serve as\nthe basis for further objection by the New York city comptroller, and\nsuch comptroller shall register the contract, franchise, revocable\nconsent or concession within ten days of receipt of the mayor of the\ncity of New York's response.\n (e) The requirements of paragraphs (c) and (d) of this subdivision\nshall not apply to an emergency contract awarded pursuant to\nsubparagraph (x) of paragraph (a) of this subdivision, provided that the\nchancellor shall comply with the requirements of paragraphs (c) and (d)\nof this subdivision as soon as practicable.\n 37. Establish guidelines and a system of internal controls, including\ninternal administrative controls and internal accounting controls, with\nprovisions for internal audits, as such terms are defined in section\nnine hundred fifty of the executive law. Such system shall also include\na system of internal control review designed to identify weaknesses and\nidentify actions to rectify them; a clear and concise statement of the\ngenerally applicable management policies and standards made available to\neach officer and employee relevant to fiscal and expenditure control, in\naddition to education and training efforts to ensure adequate\nunderstanding of internal control standards and evaluation techniques;\nand the designation of an internal control officer for each community\ndistrict, each of whom shall report to the chancellor and the auditor\ngeneral, to execute a regular internal audit function, which shall\noperate in accordance with generally accepted governmental auditing\nstandards. The internal auditors for the community districts shall\noperate in cooperation with the auditor general, appointed by the\nchancellor, who shall, in addition to the functions of the internal\nauditors, monitor and conduct random audits of school districts at least\nonce every two years for fraud, waste, and mismanagement.\nNotwithstanding any provision of state law or state or city regulation,\nthe internal auditors, and the auditor general, shall be entitled, upon\ntheir request, to all and any documents and materials bearing in their\njudgment on the finances and cost-effectiveness of the schools and the\nschool districts that is in the possession of the community districts,\nthe schools, or any officer thereof.\n 38. To exercise all of the duties and responsibilities of the\nemploying board as set forth in section three thousand twenty-a of this\nchapter with respect to any member of the teaching or supervisory staff\nof schools under the jurisdiction of the community district education\ncouncils. The chancellor shall exercise all such duties and\nresponsibilities for all community districts or may delegate the\nexercise of all such duties and responsibilities to all of the community\nsuperintendents of the city district.\n 38-a. To exercise all of the duties and responsibilities of the\nemploying board as set forth in section three thousand twenty-a of this\nchapter with respect to any member of the teaching or supervisory staff\nof schools which are not covered under subdivision thirty-eight of this\nsection. Provided, however that the city board shall maintain\njurisdiction over any consequence resulting from an employee waiver of a\nhearing, as provided for in paragraph (d) of subdivision two of section\nthree thousand twenty-a of this chapter.\n ** 39. (a) Prescribe regulations and by-laws requiring members of the\ncity board, the chancellor, and any other officer or employee in schools\nand programs under the jurisdiction of the city board and the chancellor\nto make annual written disclosure to the chancellor, of the following\ninformation:\n (i) the employment by the city school board or any community district\neducation council of any person related within the third degree of\nconsanguinity or affinity to the person making disclosure, including the\nemployment of any such person for which a two-thirds vote was required\nunder paragraph (e) of subdivision four of section twenty-five hundred\nninety-j of this article, with a notation of the date such vote was\ntaken.\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) The chancellor 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 by-laws\nprescribed in this subdivision. Any community district education council\nmember, community superintendent, or other officer or employee required\nto make disclosure, who fails to make such disclosure, shall be notified\nin writing of his or her failure to do so and given thirty days within\nwhich 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 may be provided by law.\n (e) Disclosures made pursuant to the requirements of this subdivision\nand any notification of failure to make disclosures shall be made\navailable for public inspection during regular business hours on regular\nbusiness days.\n ** NB There are 2 sb (39)'s\n ** 39. To enter an agreement, in his or her discretion, with the city\nof New York for the installation and use of school bus photo violation\nmonitoring systems pursuant to section eleven hundred seventy-four-a of\nthe vehicle and traffic law, provided that the purchase, lease,\ninstallation, operation and maintenance, or any other costs associated\nwith such cameras shall not be considered an aidable expense pursuant to\nsection thirty-six hundred twenty-three-a of this chapter.\n ** NB There are 2 sb (39)'s\n ** NB Repealed December 1, 2029\n 40. (a) Prescribe regulations and by-laws requiring members of the\ncity board, the chancellor, and, for good cause shown, any other officer\nor employee in schools and programs under the jurisdiction of the city\nboard and the chancellor, to submit to the chancellor, in the discretion\nof the chancellor, 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 chancellor, 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; and\n (vi) trusts and other fiduciary relationships and their assets in\nwhich a beneficial interest is held.\n (c) 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 may be provided by law.\n 41. Appoint and set salaries for staff in non-represented managerial\ntitles.\n 42. (a) To dispose of such personal property used in the schools and\nother buildings of the city of New York under the charge of the city\nboard as shall no longer be required for use therein. Such disposition\nshall be made in the name of the city of New York and for such city.\n (b) The chancellor may sell, at prices as may be agreed upon, such\nmanufactured articles or other products of any school of the district,\nday and evening, as may not be utilized by the city board, and all\nmoneys realized by the sale thereof shall be paid into the city treasury\nand shall at once be appropriated by the city to a special fund to be\nadministered by the city board for such purposes as such board, in its\ndiscretion, may determine. All other moneys realized by the sale of\npersonal property shall be paid into the city treasury and shall at once\nbe appropriated by the city to the special school fund of the city board\nfor use in the borough in which the property sold was situated.\n (c) Such method of disposal shall be deemed not to apply to the\ndisposition of school books pursuant to subdivision forty-three of this\nsection.\n 43. To dispose of, to the best advantage of the city of New York,\neither by sale or on the basis of money allowance for waste paper, all\nbooks delivered to the several public schools of such city that have\nbeen discarded either by reason of being obsolete, no longer required by\nthe course of study, worn by long usage, or mutilated by accident. If\ndisposal is made by sale, it shall be to the highest bidder, and the\nmoney realized shall be paid into the city treasury and shall at once be\nappropriated by the city to the special school fund of the city board\nentitled "supplies". If disposal is made on the basis of money allowance\nfor waste paper, it shall be to the highest bidder. Such discarded books\nmay be disposed of without public advertisement or entry into a formal\ncontract. Should the discarded books be in such condition that no sale\nor exchange can be made, or should there be reason to believe that such\ndiscarded books have become infected through disease among the pupils,\nor should the superintendent of schools certify that such discarded\nbooks contain erroneous, inaccurate, obsolete, or antiquated subject\nmatter, illustrations, maps, charts, or other material, the committee on\nsupplies of the board of education, if such books cannot be sold, given\naway, or otherwise salvaged as waste paper without danger to the public\nhealth, may authorize their destruction by fire, in which event the\nsuperintendent of school supplies shall obtain and file in his or her\noffice a certificate that such books have been so destroyed, signed by\nthe principal of the school in which the books are located.\n 44. To provide the proper book or books in which he or she shall cause\nthe class teachers under the direction and supervision of the principal\nto enter the names, ages, and residences of the pupils attending the\nschool, the name of the parent or guardian of each pupil, and the days\non which the pupils shall have attended respectively, and the aggregate\nattendance of each pupil during the year, and also the day upon which\nthe school shall have been visited by the superintendent of schools or\nby an associate superintendent of schools or by an assistant\nsuperintendent, or by members of the city board, or by members of the\ncommunity district education council, or by any of them, which entry\nshall be verified by such oath or affirmation of the principal as may be\nprescribed by the chancellor. Such books shall be preserved as the\nproperty of the chancellor and shall at all times be open to inspection\nby members of the city board, by members of the community councils and\nby the superintendent of schools, or by any associate superintendent of\nschools, or by the assistant superintendents.\n 45. Make rules and regulations for the conduct, operation, and\nmaintenance of extra classroom activities and for the safeguarding,\naccounting, and audit of all moneys received and derived therefrom. In\nthe case of any extra classroom activity as it shall deem proper, and\nnotwithstanding the provisions of section twenty-five hundred thirty of\nthis title, it may direct that the moneys received or derived from the\nconduct, operation, or maintenance of such an extra classroom activity\nbe deposited with the auditor, who in such event shall be the treasurer\nof such an extra classroom activity, the moneys of which are required to\nbe so deposited. In the procurement of articles and services for the\nconduct, operation, and maintenance of a cafeteria or restaurant\nservice, the chancellor shall be subject to applicable provisions of\nlaw, except that said chancellor need not have duly advertised for\nestimates in order to contract for such articles or services in an\namount exceeding one thousand dollars. The chancellor shall also have\npower to assign any officers or employees to perform such duties as he\nor she may prescribe in connection with an extra classroom activity and\nto designate such officers and employees when so assigned from whom a\nbond shall be required for faithful performance of their duties and to\nfix the sum in which each such bond shall be given.\n 46. To maintain, through such representatives as he or she may\ndesignate, an effective visitation and inspection of all schools and\nclasses maintained in institutions controlled by the department of\ncorrection of the city of New York.\n 47. To assign, in his or her discretion, one or more employees of the\ncity board to serve as trial examiner with power to conduct\ninvestigations and hearings on behalf of the chancellor. Each trial\nexaminer shall report the result of any such investigation or hearing to\nthe chancellor.\n 48. To hold a public meeting in each community district, in\nconjunction with the community district education council, during a two\nyear period, beginning with the two thousand nine--two thousand ten\nschool year, in order to report on public school finances, student\nperformance, and educational goals and priorities of the city district\nand to receive and respond to public comments and concerns. The\nchancellor shall direct the community superintendent to provide public\nnotice of such meeting in order to maximize the participation of\nparents, students, and all other interested parties.\n 49. To provide information, data, estimates and statistics regarding\nall matters relating to the city district as requested by the director\nof the independent budget office of the city of New York or the\ncomptroller of the city of New York, in a timely fashion.\n 50. To issue an annual report on the participation of minority and\nwomen owned business enterprises in the city district's procurement\nprocess including the number of contracts awarded to minority and women\nowned business enterprises, the percent of contracts awarded to minority\nand women owned business enterprises of the total number of all city\ndistrict contracts, the aggregate value of all contracts awarded to\nminority and women owned business enterprises, and the percent of the\naggregate value of contracts awarded to minority and women owned\nbusiness enterprises of the total aggregate value of all city district\ncontracts.\n 51. Propose a policy for city board approval 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 chancellor\nshall issue an annual report outlining the initiatives taken to enhance\ndiversity and equity in recruitment and retention and the impacts of\nsuch initiatives to the workforce at the city district, community\ndistrict and school level.\n 52. To compile an inventory of and issue a written report about the\noutdoor schoolyards in the city school district, as required by\nsubdivision fourteen of section twenty-five hundred fifty-six of this\ntitle.\n 53. To compile an inventory of, issue a written report, and provide\nrecommendations as required by subdivision fifteen of section\ntwenty-five hundred fifty-six of this title regarding transportable\nclassroom units in the city school district.\n 54. To establish a charitable fund to receive unrestricted charitable\nmonetary donations made to such fund for use by the city school district\nfor public educational purposes. The monies of such charitable fund\nshall be deposited and secured in the manner provided by section ten of\nthe general municipal law. The monies of such charitable fund may be\ninvested in the manner provided by section eleven of the general\nmunicipal law. Any interest earned or capital gain realized on the money\nso invested shall accrue to and become part of such fund. At such time\nand in such amounts as determined by the chancellor, the monies of such\ncharitable fund shall be transferred to the city school district's\ngeneral fund for expenditure consistent with the charitable purposes of\nthe fund, provided that the amount of taxes to be levied by the city for\nany school year shall be determined without regard to any such transfer.\nThe city school district shall maintain an accounting of all such\ndeposits, interest or capital gain, transfers, and expenditures.\n 55. Ensure that all public, nonpublic, and charter school students\nenrolled in elementary and secondary schools located in the city of New\nYork be provided with additional opportunities to supplement classroom\ninstruction including, but not limited to, visiting educational and\ncultural sites and institutions such as a Holocaust museum, African\nAmerican cultural centers and historical landmarks, a Native American\nmuseum, Asian American museums and cultural centers, a LatinX American\nmuseum, center for women, LGBTQ historical landmarks, and American\nhistorical landmarks and monuments.\n 56. Render written responses to resolutions passed by the city-wide\neducation councils and community district education councils within\nthirty days of receipt.\n * NB Effective until June 30, 2026\n * § 2590-h. Powers and duties of chancellor. The office of chancellor\nof the city district is hereby continued. It shall be filled by a person\nemployed by the city board by contract for a term not to exceed by more\nthan one year the term of office of the city board authorizing such\ncontract, subject to removal for cause. The chancellor shall receive a\nsalary to be fixed by the city board within the budgetary allocation\ntherefor. He or she shall exercise all his or her powers and duties in a\nmanner not inconsistent with the policies of the city board. The\nchancellor shall have the following powers and duties as the\nsuperintendent of schools and chief executive officer for the city\ndistrict, which the chancellor shall exercise to promote an equal\neducational opportunity for all students in the schools of the city\ndistrict, promote fiscal and educational equity, increase student\nachievement and school performance and encourage local school-based\ninnovation, including the power and duty to:\n 1. Control and operate:\n (a) academic and vocational senior high schools until such time as the\nsame may be transferred to the jurisdiction of appropriate community\nboards pursuant to this article;\n (b) all specialized senior high schools. The special high schools\nshall include the present schools known as:\n The Bronx High School of Science, Stuyvesant High School, Brooklyn\nTechnical High School, Fiorello H. LaGuardia High School of Music and\nthe Arts in the borough of Manhattan, and such further schools which the\ncity board may designate from time to time. The special schools shall be\npermitted to maintain a discovery program in accordance with the law in\neffect on the date preceding the effective date of this section;\nadmissions to the special schools shall be conducted in accordance with\nthe law in effect on the date preceding the effective date of this\nsection;\n (c) all special education programs and services conducted pursuant to\nthis chapter;\n (d) subject to the provisions of section twenty-five hundred ninety-i\nof this article, devolving powers to the schools, city-wide programs for\ncity-wide services to a substantial number of persons from more than one\ncommunity district, including transportation; food services; payroll and\npersonnel functions, including pension and retirement services; and\nenforcement of laws and regulations promoting equal opportunity in\nemployment, access to public accommodations and facilities, equal\nopportunity in education, and preventing and addressing unlawful\ndiscrimination; provided, however, that a community district may also\noperate within its district programs which provide similar services\notherwise authorized by this article.\n 2. Establish, control and operate new schools or programs of the types\nspecified in subdivision one of this section, or to discontinue any such\nschools and programs as he or she may determine; provided, however, that\nhe shall consult with the affected community board before:\n (a) substantially expanding or reducing such an existing school or\nprogram within a community district;\n (b) initially utilizing a community district school or facility for\nsuch a school or program;\n (c) instituting any new program within a community district.\n 3. Subject to the approval of the city board, develop a plan to\nprovide for the establishment of comprehensive high schools within the\ncity district so that every community district shall have available to\nits graduates further education and a comprehensive high school. Such\nplan may provide for the conversion of academic and vocational high\nschools and may be amended or modified from time to time.\n 4. Appoint teacher-aides for the schools and programs under his or her\njurisdiction within the budgetary allocation therefor.\n 5. Retain jurisdiction over all employees who are required in\nconnection with the performance of duties with respect to the design,\nconstruction, operation and maintenance of all school buildings in the\ncity school district. Such employees shall have all rights accorded them\nunder the provisions of the civil service law, including manner of\nappointment, classification, promotion, transfer and removal including\nan opportunity to be heard provided, however, that each custodian shall\nbe responsible for the performance of his duties to the principal of the\nschool who shall be responsible to the district superintendent.\n 6. Employ or retain counsel subject to the powers and duties of the\ncorporation counsel of the city of New York to be his or her attorney\nand 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 the city board or the chancellor and one\nor more community boards, the city board or the chancellor shall be\nrepresented by the corporation counsel of the city of New York.\n 7. To continue existing voluntary programs or to establish new\nprograms under which students may choose to attend a public school in\nanother community district.\n 8. Promulgate minimum clear educational standards, curriculum\nrequirements and frameworks, and mandatory educational objectives\napplicable to all schools and programs throughout the city district, and\nexamine and evaluate periodically all such schools and programs with\nrespect to\n (i) compliance with such educational standards and other requirements,\nand\n (ii) the educational effectiveness of such schools and programs, in a\nmanner not inconsistent with the policies of the city board.\n 9. Furnish community boards and the city board periodically with the\nresults of such examinations and evaluations and to make the same\npublic.\n 10. Require each community superintendent to make an annual report\ncovering all matters relating to schools under the district's\njurisdiction including, but not limited to, the evaluation of the\neducational effectiveness of such schools and programs connected\ntherewith.\n 11. Require such community board or superintendent to make such number\nof periodic reports as may be necessary to accomplish the purposes of\nthis chapter.\n 13. Perform the following functions throughout the city district;\nprovided, however, that the chancellor and any community board may agree\nthat any such function may be appropriately performed by the community\nboard with respect to the schools and programs under its jurisdiction:\n (a) Technical assistance to community districts and schools;\n (b) Such warehouse space on a regional basis as he or she determines\nto be necessary or appropriate after consultation with the community\nsuperintendents;\n (c) Purchasing services on a city-wide, regional or community district\nbasis subject to subdivision thirty-six of this section;\n (d) Reinforce and foster connections to institutions of higher\neducation to promote student achievement.\n 14. Develop and furnish pre-service and in-service training programs\nfor principals and other employees throughout the city district. In\naddition, the chancellor shall prepare and annually update a training\nplan for participating parents, and school personnel, which shall\ninclude, at minimum, such training as may be required for exercise of\ntheir responsibilities, full participation and compliance with the\nprovisions of this section. The chancellor shall, in addition, within\namounts appropriated, allocate sufficient funds directly and to the\nsuperintendents for teacher and principal training to meet identified\nneeds for school improvement.\n 15. Promote the involvement and appropriate input of all members of\nthe school community pursuant to the provisions of this article,\nincluding parents, teachers, and other school personnel, including:\n (a) establishing a parents' association or a parent-teachers'\nassociation in each school under the chancellor's jurisdiction; and\nensuring that the districts do the same;\n (b) pursuant to a plan prepared in consultation with associations of\nparents, and representatives of teachers, supervisors, paraprofessionals\nand other school personnel within the city district, and promulgated no\nlater than January thirty-first, nineteen hundred ninety-eight, (i)\ntaking all necessary steps to ensure that no later than October first,\nnineteen hundred ninety-nine, the city district and the community\ndistricts are in full compliance, and remain in compliance thereafter,\nwith state and federal law and regulations concerning school-based\nmanagement and shared decision-making, including section 100.11 of the\ncommissioner's regulations, in a manner which balances participation by\nparents with participation by school personnel in advising in the\ndecisions devolved to schools pursuant to sections twenty five hundred\nninety-i and twenty-five hundred ninety-r of this article, and (ii)\npursuant to such plan providing for appropriate training to any parent\nand school personnel who participate in the school-based management and\nshared decision-making process; and\n (c) developing, in consultation with associations of parents in the\ncity district, and implementing no later than October first, nineteen\nhundred ninety-eight, a parental bill of rights which provides for, at\nminimum:\n (i) reasonable access by parents, persons in parental relation and\nguardians to schools, classrooms, and academic and attendance records of\ntheir own children, consistent with federal and state laws, provided\nthat such access does not disrupt or interfere with the regular school\nprocess;\n (ii) the rights of parents, persons in parental relation and guardians\nto take legal action and appeal the decisions of the school\nadministration, as authorized by law;\n (iii) the right of parents, persons in parental relation and guardians\nto have information on their own child's educational materials;\n (iv) access to and information about all public meetings, hearings of\nthe chancellor, the city board, the community superintendents, the\ncommunity boards, and the schools; and\n (v) access to information regarding programs that allow students to\napply for admission where appropriate to schools outside a student's own\nattendance zone.\n The chancellor shall by rule or regulation provide for the involvement\nincluding membership, in any parents' association or parent-teacher\nassociation established pursuant to this subdivision, of a grandparent\nwho is in parental relation to a child who attends a school within the\njurisdiction of the community school district. For purposes of this\nsubdivision, a grandparent shall be considered to be in parental\nrelation to a child when such grandparent has assumed care of such child\nbecause such child's parents are not available due to death,\nimprisonment, mental illness, living outside the state, abandonment of\nthe child, or other circumstances. A determination of whether a\ngrandparent is in parental relation to a child shall be based upon the\nindividual circumstances surrounding guardianship and custodial care of\nsuch child.\n 16. Promulgate such rules and regulations as he or she may determine\nto be necessary or convenient to accomplish the purposes of this act,\nnot inconsistent with the provisions of this article and the policies of\nthe city board.\n 17. Possess those powers and duties described in section twenty-five\nhundred fifty-four of this chapter, the exercise of which shall be in a\nmanner not inconsistent with the provisions of this article and the\npolicies of the city board.\n 18. Possess those powers and duties contained in section nine hundred\ntwelve of this chapter and those provisions of article fifteen thereof\nwhich relate to non-public schools, those powers and duties contained in\nsection five hundred twenty-two of the New York city charter and those\npowers and duties contained in article seventy-three of this chapter,\nthe exercise of which shall be in a manner not inconsistent with the\nprovisions of this article and the policies of the city board.\n 19. Delegate any of his or her powers and duties to such subordinate\nofficers or employees as he or she deems appropriate and to modify or\nrescind any power and duty so delegated.\n 20. Ensure compliance with qualifications established for all\npersonnel employed in the city district, including the taking of\nfingerprints as a prerequisite for licensure and/or employment of such\npersonnel. Every set of fingerprints taken pursuant to this subdivision\nshall be promptly submitted to the division of criminal justice services\nwhere it shall be appropriately processed. Furthermore, the division of\ncriminal justice services is authorized to submit the fingerprints to\nthe federal bureau of investigation for a national criminal history\nrecord check.\n 21. Perform the functions of the bureau of audit throughout the city\ndistrict, including ensuring compliance with subdivisions thirty-six and\nthirty-seven of this section.\n 22. Establish uniform procedures for record keeping, accounting and\nreporting throughout the city district, including pupil record keeping,\naccounting and reporting.\n 23. Develop an educational facilities master plan, and revisions\nthereto, as defined in section twenty-five hundred ninety-o of this\narticle.\n 24. Develop and implement a five-year educational facilities capital\nplan, and amendments thereto, as defined in section twenty-five hundred\nninety-p of this article. The chancellor shall also appoint a person,\nwho reports directly to the chancellor or his or her designee, to assist\nin the development and implementation of such plan and amendments\nthereto and to oversee the school buildings program.\n 25. On the chancellor's own initiative, or at the request of a\ncommunity superintendent, transfer a principal employed by a community\nschool district pursuant to an agreement with the employee organization\nrepresenting such principals. The chancellor shall establish a procedure\nfor consulting with affected parents to explain any such transfer.\nConsistent with section twenty-five hundred ninety-i of this article,\nincluding without limitation subdivision three thereof, and subdivision\none thereof with respect to the rights and obligations of a school to\nwhich a principal is transferred, in addition to any other law providing\nfor the transfer of principals, the chancellor also may cause the\ntransfer or removal of principals for persistent educational failure,\nconflicts of interest, and ethics violations, and may require principals\nto participate in training and other remedial programs to address\nidentified factors affecting student achievement and school performance.\n 26. Establish educational and experience qualifications and\nrequirements for all custodial positions including, but not limited to,\ncustodians and custodial engineers and develop standards for evaluating\nthe performance of all such individuals, subject to approval of the city\nboard. Such performance standards shall include, but not be limited to:\nthe cleanliness of facilities; adequacy and timeliness of minor repairs;\nmaintenance of good working order of facilities and grounds; general\nfacilities improvement; and emergency services. The chancellor shall\npromulgate regulations setting forth the respective responsibilities of\nthe district plant manager, which shall include regular consultation and\nongoing reports to the community superintendent, and the principal of\neach school for evaluating the performance of the custodial employees\nassigned to his or her school, in accordance with such performance\nstandards, and such performance evaluations shall be given dominant\nweight in any decision for the purposes of: advancement; continued\nemployment; building transfers; and other performance incentives. The\nresponsibility of the principal of each school in the evaluation of\ncustodial employees may be a matter for collective bargaining with\ncollective bargaining representatives for principals.\n 27. Develop, in conjunction with each community superintendent, a plan\nfor providing access to school facilities in each community school\ndistrict, when not in use for school purposes, in accordance with the\nprovisions of section four hundred fourteen of this chapter. Such plan\nshall set forth a reasonable system of fees not to exceed the actual\ncosts and specify that no part of any fee shall directly or indirectly\nbenefit or be deposited into an account which inures to the benefit of\nthe custodians or custodial engineers.\n 28. Establish, subject to the approval of the city board, a\npublicly-inclusive process for the recruitment, screening and selection\nof district superintendent candidates.\n 29. Promulgate regulations, subject to the approval of the city board,\nestablishing educational, managerial, and administrative qualifications,\nperformance record criteria, and performance standards for the positions\nof superintendent and principal.\n 30. Select a community superintendent from candidates recommended by\ncommunity boards, based upon compliance with the procedures for\nselection required by subdivision twenty-eight of this section, the\nqualifications required by subdivision twenty-nine of this section, and\nconsistent with a model contract developed by the chancellor.\n 30-a. Remove a community superintendent who fails to comply with the\nprovisions of subdivision two of section twenty-five hundred ninety-f of\nthis article.\n 31. Intervene in any district or school which is persistently failing\nto achieve educational results and standards approved by the city board\nor established by the state board of regents, or has failed to improve\nits educational results and student achievement in accordance with such\nstandards or state or city board requirements, or in any school or\ndistrict in which there exists, in the chancellor's judgment, a state of\nuncontrolled or unaddressed violence. The chancellor may, in addition to\nexercising any other powers authorized by this article, require such\nschool principal, or district as the case may be, to prepare a\ncorrective action plan, with a timetable for implementation of steps\nacceptable to the chancellor to reach improvement goals consistent with\ncity board standards and educational results. The chancellor may require\nthe school or district to alter or improve the corrective action plan,\nor may directly modify the plan. The chancellor shall monitor\nimplementation of the plan, and, if the school or district fails to\nimplement it, may supersede any inconsistent decision of the school\nprincipal, community board or community superintendent; assume joint or\ndirect control of the operation of the school or district to implement\nthe corrective action plan; or take any other action authorized by this\narticle. Any action of the chancellor to supercede an inconsistent\ndecision of the school principal, community board or community\nsuperintendent, or to assume joint or direct control of the operation of\nthe school or district pursuant to this subdivision may be appealed to\nthe city board in accordance with section twenty-five hundred ninety-g\nof this article.\n 32. Appoint a deputy, for each borough of the city of New York,\nresponsible for coordinating and periodically meeting and consulting\nwith the borough president, the chancellor and the community\nsuperintendents in the borough on borough-specific issues and issues of\nborough-wide significance, including the provision of services in\nsupport of schools and community districts such as transportation,\npurchasing, capital planning, and coordination with municipal services,\nand chancellor and city board policy with respect to the high schools.\n 33. Require community school board members to participate in training\nand retraining in order to promote district and school performance and\nstudent achievement, as a continuing condition for membership.\n 35. Take all necessary steps to promote the effectiveness and\nintegrity of school-based budgeting pursuant to section twenty-five\nhundred ninety-r of this article, including the obligations imposed by\nsubdivision thirty-seven of this section.\n 36. Develop in consultation with the city board, a procurement policy\nfor the city school district of the city of New York, and the districts\nand public schools therein. Such policy shall ensure the wise and\nprudent use of public money in the best interest of the taxpayers of the\nstate; guard against favoritism, improvidence, extravagance, fraud and\ncorruption; and ensure that contracts are awarded consistent with law\nand on the basis of best value, including, but not limited to, the\nfollowing criteria: quality, cost and efficiency. Such policy shall also\ninclude: (a) standards for quality, function and utility of all material\ngoods, supplies and services purchased by the chancellor,\nsuperintendents or schools; (b) regulations for the purchase of material\ngoods, supplies and services by the chancellor, the superintendents and\nthe schools, including clearly articulated procedures which require a\nclear statement of product specifications, requirements or work to be\nperformed, a documentable process of soliciting bids, proposals or other\noffers, and a balanced and fair method, established in advance of\nreceipt of offers, for evaluating offers and awarding contracts; (c)\nregulations which enable superintendents and schools to purchase\nmaterial goods, supplies and services directly from vendors or suppliers\nwhen such products are available at prices or other terms more\neconomically beneficial for the purposes of the acquiring superintendent\nor school; and (d) regulations shall include repair services and\nbuilding supplies, as defined in such regulations, for expenditures from\neach district's minor repair and purchasing funds pursuant to section\ntwenty-five hundred ninety-r of this article.\n 37. Establish, subject to the approval of the city board, guidelines\nand a system of internal controls, including internal administrative\ncontrols and internal accounting controls, with provisions for internal\naudits, as such terms are defined in section nine hundred fifty of the\nexecutive law. Such system shall also include a system of internal\ncontrol review designed to identify weaknesses and identify actions to\nrectify them; a clear and concise statement of the generally applicable\nmanagement policies and standards made available to each officer and\nemployee relevant to fiscal and expenditure control, in addition to\neducation and training efforts to ensure adequate understanding of\ninternal control standards and evaluation techniques; and the\ndesignation of an internal control officer for each community district,\neach of whom shall report to the chancellor and the auditor general, to\nexecute a regular internal audit function which shall operate in\naccordance with generally accepted governmental auditing standards. The\ninternal auditors for the community districts shall operate in\ncooperation with the auditor general, appointed by the chancellor\nsubject to the approval of the city board, who shall, in addition to the\nfunctions of the internal auditors, monitor and conduct random audits of\nschool districts at least once every two years for fraud, waste and\nmismanagement. Notwithstanding any provision of state law or state, city\nor city board regulation, the internal auditors, and the auditor\ngeneral, shall be entitled, upon their request, to all and any documents\nand materials bearing in their judgment on the finances and\ncost-effectiveness of the schools and the school districts that is in\nthe possession of the community districts, the schools, or any officer\nthereof.\n 38. to exercise all of the duties and responsibilities of the\nemploying board as set forth in section three thousand twenty-a of this\nchapter with respect to any member of the teaching or supervisory staff\nof schools under the jurisdiction of the community boards. The\nchancellor shall exercise all such duties and responsibilities for all\ncommunity districts or may delegate the exercise of all such duties and\nresponsibilities to all of the community superintendents of the city\ndistrict.\n * NB Effective June 30, 2026\n