§ 2590-L — Enforcement of applicable law, regulations and directives; establishment of appeal board

§ 2590-l. Enforcement of applicable law, regulations and directives;\nestablishment of appeal board. * 1. (a) If, in the judgment of the\nchancellor any community district education council and/or\nsuperintendent fails to comply with any applicable provisions of law,\nby-laws, rules or regulations, standards, directives and agreements, he\nor she may, in addition to or as an alternative to any other remedies\nauthorized by this article, including subdivision thirty-one of section\ntwenty-five hundred ninety-h of this article, issue an order requiring\nthe community district education council and/or superintendent to cease\nits improper conduct or to take required action and consistent with the\nprovisions of this article and the educational and operational policies\nof the city board, may enforce that order by the use of appropriate\nmeans, including:\n (i) supersession of the community district education council and/or\nsuperintendent by the chancellor or one or more trustees appointed by\nhim who may be, notwithstanding any other provision of law, employees of\nthe city board with respect to those powers and duties or decisions of\nsuch community district education council and/or superintendent deemed\nnecessary to ensure compliance with the order; and\n (ii) suspension or removal of the community district education council\nand/or superintendent or any member or members thereof.\n (b) Prior to the enforcement of any order authorized under this\nsection, the chancellor shall provide an opportunity for conciliation,\nexcept that the chancellor without conciliation may suspend or remove\none or more members of a community district education council or a\ncommunity superintendent where the conduct (i) is criminal in nature;\n(ii) poses an immediate danger to the safety or welfare of students or\nany school staff or employee, or (iii) in the judgment of the\nchancellor, is contrary to the best interest of the city school\ndistrict.\n * NB Effective until June 30, 2026\n * 1. (a) If, in the judgment of the chancellor any community board\nand/or superintendent fails to comply with any applicable provisions of\nlaw, by-laws, rules or regulations, standards, directives and\nagreements, he or she may, in addition to or as an alternative to any\nother remedies authorized by this article, including subdivision\nthirty-one of section twenty-five hundred ninety-h of this article,\nissue an order requiring the community board and/or superintendent to\ncease its improper conduct or to take required action and consistent\nwith the provisions of this article and the educational and operational\npolicies of the city board, may enforce that order by the use of\nappropriate means, including:\n (i) supersession of the community board and/or superintendent by the\nchancellor or one or more trustees appointed by him who may be,\nnotwithstanding any other provision of law, employees of the city board\nwith respect to those powers and duties or decisions of such community\nboard and/or superintendent deemed necessary to ensure compliance with\nthe order; and\n (ii) suspension or removal of the community board and/or\nsuperintendent or any member or members thereof.\n (b) Prior to the enforcement of any order authorized under this\nsection, the chancellor shall provide an opportunity for conciliation,\nexcept that the chancellor without conciliation may suspend or remove\none or more members of a community board or a community superintendent\nwhere the conduct (i) is criminal in nature; (ii) poses an immediate\ndanger to the safety or welfare of students or any school staff or\nemployee, or (iii) in the judgment of the chancellor, is contrary to the\nbest interest of the city school district.\n * NB Effective June 30, 2026\n 2. The community board or any suspended or removed member and/or\nsuperintendent thereof may, within fifteen days after issuance of such\norder, file an appeal with the city board acting as an appeal board\npursuant to subdivision ten of section twenty-five hundred ninety-g of\nthis article.\n * 2-a. A member of a community district education council may be\nremoved upon a finding that the member willfully, intentionally or\nknowingly interfered with or was involved in the hiring, appointment or\nassignment of employees other than as specifically authorized in this\narticle. Such a finding, unless judicially overturned pursuant to\narticle seventy-eight of the civil practice law and rules, shall\npermanently disqualify that member from employment, contracting or\nmembership with or on any community district education council or the\ncity board or any employment or contractual relationship, direct or\nindirect, with the city district, any community district, or any public\nschool in such districts.\n * NB Effective until June 30, 2026\n * 2-a. A member of a community school district board may be removed\nupon a finding that the member willfully, intentionally or knowingly\ninterfered with or was involved in the hiring, appointment or assignment\nof employees other than as specifically authorized in this article. Such\na finding, unless judicially overturned pursuant to article\nseventy-eight of the civil practice law and rules, shall permanently\ndisqualify that member from employment, contracting or membership with\nor on any community board or the city board or any employment or\ncontractual relationship, direct or indirect, with the city district,\nany community district, or any public school in such districts.\n * NB Effective June 30, 2026\n