* § 2590-b. Continuation of city board and establishment of community districts; establishment of the city-wide councils on special education, English language learners, high schools, and district seventy-five. 1. (a) The board of education of the city school district of the city of New York is hereby continued.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

(1) (A) Such board of education shall consist of thirteen appointed members: one member to be appointed by each borough president of the city of New York; and eight members to be appointed by the mayor of the city of New York.

(B) Commencing on July first, two thousand twenty, the board of education shall consist of fifteen members: one member to be appointed by each borough president of the city of New York, one member to be elected by community district education council presidents, and nine members to be appointed by the mayor of the city of New York. On or before December thirty-first, two thousand nineteen, the chancellor shall promulgate regulations establishing a process for community district education council presidents to elect a member of the board, and processes for removal of such member and for the filling of such position in the event of a vacancy. The first member elected by community district education council presidents pursuant to such regulations shall take office on July first, two thousand twenty and shall serve a term that ends on June thirtieth, two thousand twenty-two. Thereafter, the member elected by community district education council presidents shall serve for a two year term commencing on July first.

(C) Commencing on January fifteenth, two thousand twenty-three, the board of education shall consist of twenty-three voting members: one member to be appointed by each borough president of the city of New York; five members, one from each borough of the city of New York, to be elected by community district education council presidents; and thirteen members to be appointed by the mayor of the city of New York. The term of the first member elected by community district education council presidents pursuant to clause (B) of this subparagraph shall be extended and end on January fourteenth, two thousand twenty-three. On or before December first, two thousand twenty-two, the chancellor shall promulgate regulations establishing a process for community district education council presidents to elect members of the board, and processes for removal of such members and for the filling of such positions in the event of a vacancy. All appointed members and members elected by the community education council presidents pursuant to such regulations shall take office on January fifteenth, two thousand twenty-three and shall serve a term that ends on June thirtieth, two thousand twenty-three. Thereafter, appointed members and the members elected by community district education council presidents shall serve for a one year term commencing on July first.

(2) The chancellor and comptroller of the city of New York shall serve as ex-officio non-voting members of the city board.

(3) The city board shall elect its own chairperson from among its voting members.

(4) All appointed members shall serve for a one year term, provided that any member may be removed for good cause, provided that voting against the appointing authority's direction shall not be cause for removal, by the appointing authority, who shall provide written notice to the member and public explaining the reasons therefor at least ten days in advance of the removal and provide the member a full and fair opportunity to refute such reasons before removal.

(5) Except for the chancellor, no board members shall be employed in any capacity by the city of New York, or a subdivision thereof, or the city board.

(6) No appointed or elected member of the city board shall also be a member, officer, or employee of any public corporation, authority, or commission where the mayor of the city of New York has a majority of the appointments.

(7) Each borough president's appointee shall be a resident of the borough for which the borough president appointing him or her was elected and shall be the parent of a child attending a public school within the city school district of the city of New York.

(8) Each mayoral appointee shall be a resident of the city and four shall be parents of a child attending a public school within the city district, provided that at least one appointee shall be the parent of a child with an individualized education program, at least one appointee shall be the parent of a child who is in a bilingual or English as a second language program conducted pursuant to section thirty-two hundred four of this chapter, and at least one appointee shall be the parent of a child who is attending a district seventy-five school or program.

(9) All parent members shall be eligible to continue to serve on the city board for two years following the conclusion of their child's attendance at a public school within the city district.

(10) Any vacancy other than by an expiration of term shall be filled by appointment by the appropriate appointing authority within ninety days of such vacancy and shall serve for the remainder of the unexpired term.

(11) Notwithstanding any provision of local law, the members of the board shall not have staff, offices, or vehicles assigned to them or receive compensation for their services, but shall be reimbursed for the actual and necessary expenses incurred by them in the performance of their duties.

(12) Every appointed and elected member of the city board shall, within the first three months of his or her term, complete a minimum of six hours of training on the financial oversight, accountability and fiduciary responsibilities of a city board member, as well as a training course on the powers, functions and duties of the city board.

(b) The city board shall hold at least one regular public meeting per month. At least one regular public meeting shall be held in each borough of the city of New York per year; any additional meetings may be called at the request of the chairperson. The city board shall consider appropriate public accommodations when selecting a venue so as to maximize participation by parents and the community.

(c) (i) Notice of the time, place and agenda for all city board regular public meetings shall be publicly provided, including via the city board's official internet web site, and specifically circulated to all community superintendents, community district education councils, community boards, and school based management teams, at least ten business days in advance of such meeting.

(ii) A city board regular public meeting agenda shall be comprised of a list and brief description of the subject matter being considered, identification of all items subject to a city board vote, and the name, office, address, email address and telephone number of a city district representative, knowledgeable on the agenda, from whom any information may be obtained and to whom written comments may be submitted concerning items on such agenda.

(iii) A city board meeting that includes an item subject to a city board vote related to approval of a school closure or significant change in school utilization including the phase-out, grade reconfiguration, re-siting, or co-location of a school pursuant to paragraph h of subdivision one of section twenty-five hundred ninety-g of this article shall be held in the borough of the city of New York where the school that is subject to such proposed school closing or significant change in school utilization is located.

(d) The chairperson of the city board shall ensure that at every regular public meeting there is a sufficient period of time to allow for public comment on any topic on the agenda prior to any city board vote.

(e) Minutes of all city board regular public meetings shall be made publicly available, including via the city board's official internet website, in a timely manner but no later than the subsequent regular city board meeting.

2. (a) There shall be a community council for each community district created pursuant to this article.

(b) The city board shall define, adjust, alter, maintain and adopt the boundaries of the community districts pursuant to this chapter no later than February first, nineteen hundred ninety-five. There shall be no less than thirty nor more than thirty-seven community districts.

(c) The city board may readjust or alter the districts in such plan only once in every ten years, commencing with the year two thousand four. The city board in conjunction with the chancellor and the community council representatives, shall prepare and make public a plan to ensure the smooth transition of pupils and school personnel, creation of new boards, and allocation of school facilities and resources among the districts established pursuant to paragraph (b) of this subdivision. Prior to the adoption of the transition plan, the city board shall hold one or more public hearings in each borough. The city board shall make the transition plan available not less than three weeks before the first such public hearing. Upon receipt of comments, the city board, in conjunction with the chancellor and the community council representatives, shall prepare a revised transition plan, if necessary and make such plan available to the public for comment.

3. (a) The redistricting advisory study group established prior to the effective date of this paragraph for the purpose of study and making recommendations on community school district boundaries, is hereby continued and shall perform the duties required herein.

(b) The study group shall prepare a report containing recommendations for dividing the city into no more than thirty-seven community districts.

(c) In preparation of its recommendations for dividing the city into community districts, the study group shall ensure that the recommendations provide for the most effective delivery of educational services and shall be guided by the following criteria:

(1) each community district shall: (i) be a suitable size for efficient policy-making and economic management; (ii) contain a reasonable number of pupils; (iii) be compact and contiguous, contained within county lines, and to the maximum extent possible, keep intact communities and neighborhoods; and (iv) bear a rational relationship to geographic areas for which the city of New York plans and provides services;

(2) to the extent possible, keep existing lines intact;

(3) the common and special education needs of the communities and school children involved;

(4) effective utilization of existing and planned school facilities;

(5) minimum disruption of existing and planned elementary school-junior high/middle school-high school feeder patterns;

(6) transportation facilities;

(7) additional administrative costs involved in the creation of such new districts; and

(8) ensure fair and effective representation of racial and language groups pursuant to the Voting Rights Act of 1965, as amended;

(9) notwithstanding the provisions of this subparagraph and subparagraphs one through eight of this paragraph: (i) the residents of the county of New York in school district ten as it existed prior to the implementation of this paragraph shall continue to remain in school district ten as such district is comprised; (ii) the boundaries of community district thirty-one shall continue to remain as they are currently comprised; and (iii) no county shall have fewer community school districts than in existence on the effective date of this paragraph.

(d) The study group shall hold one or more public hearings in each borough before final adoption of its recommendations. The study group shall make its recommendations available to the public for inspection and comment not less than one month before the first such public hearing. Following its consideration of the comments received on the recommendations, the study group shall prepare a report containing its final recommendations. The study group shall submit its report to the city board and make such report available to the public for inspection no later than November first, nineteen hundred ninety-four.

(e) The city board of education shall hold public hearings in each borough on the recommendations submitted by the study group and may adopt, revise or reject in whole or in part such recommendations, or, may request the study group to submit adjusted recommendations. The final recommendations shall be adopted by the city board of education no later than February first, nineteen hundred ninety-five to take effect July first, nineteen hundred ninety-six, provided that such revised boundaries adopted by the city board pursuant to this chapter shall be used for purposes of community school board elections to be held on the first Tuesday in May, nineteen hundred ninety-six.

(f) Provided, however, that the city board may make minor adjustments, (i) to correct errors that may occur in the district lines adopted by the city board, or (ii) upon showing a change in circumstances. Any such limited revisions to community school district lines may occur between the effective date of this paragraph and the city board readjustment scheduled in the year two thousand four.

(g) No public hearings required pursuant to this subdivision shall be held during the months of July and August. All public hearings shall be held at a time and place designated to maximize community and parent participation. Notice of all such public hearings shall be provided in a timely manner to all print and electronic media and shall be widely distributed to all interested parties, so as to maximize participation by parents and the community. In addition such notice shall be posted in each school building and district office.

4. a. There shall be a city-wide council on special education created pursuant to this section. The city-wide council on special education shall consist of eleven voting members and one non-voting member, as follows:

(1) nine voting members who shall be parents of students with individualized education programs, to be selected by parents of students with individualized education programs pursuant to a representative process developed by the chancellor. Such members shall serve a two year term;

(2) two voting members appointed by the public advocate of the city of New York, who shall be individuals with extensive experience and knowledge in the areas of educating, training or employing individuals with handicapping conditions and will make a significant contribution to improving special education in the city district. Such members shall serve a two year term; and

(3) one non-voting member who is a high school senior with an individualized education program, appointed by the administrator designated by the chancellor to supervise special education programs. Such member shall serve a one year term.

b. The city-wide council on special education shall have the power to:

(1) advise and comment on any educational or instructional policy involving the provision of services for students with disabilities;

(2) advise and comment on the process of establishing committees and/or subcommittees on special education in community school districts pursuant to section forty-four hundred two of this chapter;

(3) issue an annual report on the effectiveness of the city district in providing services to students with disabilities and making recommendations, as appropriate, on how to improve the efficiency and delivery of such services; and

(4) hold at least one meeting per month open to the public and during which the public may discuss issues facing students with disabilities.

c. Vacancies shall be filled for an unexpired term by the city-wide council on special education, pursuant to a process developed by the chancellor that shall include consultation with parents of students with individualized educational programs; provided however, that where a vacancy occurs in a position appointed by the public advocate, the public advocate shall appoint a member to serve the remainder of the unexpired term.

5. (a) There shall be a city-wide council on English language learners created pursuant to this section. The city-wide council on English language learners shall consist of eleven voting members and one non-voting member, as follows:

(i) nine voting members who shall be parents of students who are in a bilingual or English as a second language program conducted pursuant to section thirty-two hundred four of this chapter, some of whom may be parents of students who have been in such a program within the preceding two years, to be selected by parents of students who receive such services pursuant to a representative process developed by the chancellor. Such members shall serve a two year term;

(ii) two voting members appointed by the public advocate of the city of New York, who shall be individuals with extensive experience and knowledge in the education of English language learners and will make a significant contribution to improving bilingual and English as a second language programs in the city district. Such members shall serve a two year term; and

(iii) one non-voting member who is a high school senior who is or has been in a bilingual or English as a second language program, appointed by the administrator designated by the chancellor to supervise such programs. Such member shall serve a one year term.

(b) The city-wide council on English language learners shall have the power to:

(i) advise and comment on any educational or instructional policy involving bilingual or English as a second language programs;

(ii) issue an annual report on the effectiveness of the city district in providing services to English language learners and making recommendations, as appropriate, on how to improve the efficiency and delivery of such services; and

(iii) hold at least one meeting per month open to the public and during which the public may discuss issues facing English language learners.

(c) Vacancies shall be filled for an unexpired term by the city-wide council on English language learners, pursuant to a process developed by the chancellor that shall include consultation with parents of students who receive services for English language learners; provided however, that where a vacancy occurs in a position appointed by the public advocate, the public advocate shall appoint a member to serve the remainder of the unexpired term.

6. (a) There shall be a city-wide council on high schools created pursuant to this section. The city-wide council on high schools shall consist of thirteen voting members and one non-voting member, as follows:

(i) ten voting members who shall be parents of students attending public high schools. For councils whose terms begin prior to two thousand twenty, two members representing each borough shall be selected by presidents and officers of the parents' associations or parent-teachers' associations in the relevant borough, pursuant to a process established by the chancellor. For councils whose terms begin in two thousand twenty-one and thereafter, two members representing each borough shall be parents of public high school students in the relevant borough, pursuant to a process established by the chancellor. Such members shall serve a two year term, and shall be eligible to continue serving their term following the conclusion of their child's attendance at a public high school;

(ii) one voting member who shall be a parent of a high school student with an individualized education program. Such member shall be appointed by the city-wide council on special education, and shall serve a two year term;

(iii) one voting member who shall be a parent of a student in a bilingual or English as a second language program conducted in a public high school. Such member shall be appointed by the city-wide council on English language learners, and shall serve a two year term;

(iv) one voting member appointed by the public advocate of the city of New York, who shall be a resident of the city and shall have extensive business, trade, or education experience and knowledge who will make a significant contribution to improving education in the city district. Such member shall serve for a term of two years; and

(v) one non-voting member who is a public high school senior, appointed by the chancellor pursuant to a process developed by the chancellor. Such member shall serve a one year term.

Officers of parents' associations or parent-teachers' associations who are candidates in the selection process established by the chancellor pursuant to this subdivision shall not be eligible to cast votes in such selection process. The association shall elect a member to vote in the place of each such officer for purposes of the selection process.

(b) The city-wide council on high schools shall have the power to:

(i) advise and comment on any educational or instructional policy involving high schools;

(ii) issue an annual report on the effectiveness of the city district in providing services to high school students and making recommendations, as appropriate, on how to improve the efficiency and delivery of such services; and

(iii) hold at least one meeting per month open to the public and during which the public may discuss issues facing high schools.

(c) Vacancies shall be filled for an unexpired term by the city-wide council on high schools, pursuant to a process developed by the chancellor that shall include consultation with parents of students attending public high school; provided, however, that where a vacancy occurs in a position appointed by the public advocate, the public advocate shall appoint a member to serve the remainder of the unexpired term.

7. (a) There shall be a city-wide council on district seventy-five created pursuant to this section. The city-wide council for district seventy-five shall consist of eleven voting members and one non-voting member, as follows:

(i) nine voting members who shall be parents of students receiving city-wide special education services in a district seventy-five school or program to be selected by parents of students who receive such services pursuant to a representative process developed by the chancellor. Such members shall serve a two year term;

(ii) two voting members appointed by the public advocate of the city of New York, who shall be individuals with extensive experience and knowledge in the areas of educating, training or employing individuals with disabilities and who will make a significant contribution to improving special education in the city district. Such members shall serve a two year term; and

(iii) one non-voting member who is a high school senior appointed by the administrator designated by the chancellor to supervise district seventy-five schools and programs. Such member shall serve a one year term.

(b) The city-wide council on district seventy-five shall have the power to:

(i) advise and comment on any educational or instructional policy involving the provision of district seventy-five services;

(ii) issue an annual report on the effectiveness of the city district in providing services to district seventy-five students and make recommendations, as appropriate, on how to improve the efficiency and delivery of such services; and

(iii) hold at least one meeting per month open to the public and during which the public may discuss issues facing district seventy-five students.

(c) Vacancies shall be filled for an unexpired term by the city-wide council for district seventy-five, pursuant to a process developed by the chancellor that shall include consultation with parents of students attending district seventy-five schools or programs; provided, however, that where a vacancy occurs in a position appointed by the public advocate, the public advocate shall appoint a member to serve the remainder of the unexpired term.

8. (a) Members of the city-wide councils established pursuant to this section shall not be paid a salary or stipend, but shall be reimbursed for all actual and necessary expenses directly related to the duties and responsibilities of the city-wide council on which they serve.

(b) Each such city-wide council may appoint a secretary, pursuant to the policies of the city board, who shall perform the following functions:

(i) prepare meeting notices, agendas and minutes;

(ii) record and maintain accounts of proceedings and meetings; and

(iii) prepare briefing materials and other related informational materials for such meetings.

Each city-wide council shall be responsible for the appointment, supervision, evaluation and discharge of the secretary.

(c) No person may serve at the same time on more than one city-wide council established pursuant to this section, nor may any person serve at the same time on such a city-wide council and any community district education council.

(d) A member of a city-wide council established pursuant to this section shall be ineligible to be employed by any such council, any community district education council, or the city board.

(e) No person shall be eligible for membership on a city-wide council established pursuant to this section if he or she holds any elective public office or any elective or appointed party position except that of delegate or alternate delegate to a national, state, judicial or other party convention, or member of a county committee.

(f) A person may be permanently ineligible for appointment to a city-wide council for any of the following:

(i) an act of malfeasance directly related to his or her service on such city-wide council or community district education council; or

(ii) conviction of a crime, provided that any such conviction shall be considered in accordance with Article 23-A of the correction law.

(g) In addition to the conditions enumerated in the public officers law creating a vacancy, a member of a city-wide council established pursuant to this section who refuses or neglects to attend three meetings of such city-wide council of which he or she is duly notified, without rendering in writing a good and valid excuse therefor vacates his or her office by refusal to serve. Each absence and any written excuse rendered shall be included within the official written minutes of such meeting. After the third unexcused absence such city-wide council shall declare a vacancy to the chancellor.

* NB Effective until June 30, 2024

* § 2590-b. Continuation of city board and establishment of community districts. 1. (a) The board of education of the city school district of the city of New York is hereby continued. Such board of education shall consist of seven members, a member to be appointed by each borough president of the city of New York and two by the mayor. Each borough president appointee shall be a resident of the borough for which the borough president appointing him was elected. Two members at large shall be appointed by the mayor of the city of New York. Each mayoral appointee shall be a resident of such city. The term of office of each member shall be four years, commencing the first day of July, nineteen hundred seventy-four and every four years thereafter. A vacancy occurring other than by expiration of term of a member appointed by a borough president shall be filled for the unexpired term by appointment by the appropriate borough president of a person who is a resident of such borough. The mayor shall fill vacancies for an unexpired term of any of his appointees. The president of the board shall be chosen by the members. Notwithstanding any provision of local law, the members of the board shall receive compensation for their services as follows: $20,000 for the board president and $15,000 for each board member and shall be reimbursed for the actual and necessary expenses incurred by them in the performance of their duties.

(b) The members to be appointed by the borough presidents shall be appointed not earlier than April first, nineteen hundred seventy-four and not later than June first, nineteen hundred seventy-four and their successors thereafter.

The mayor of the city of New York shall appoint two members not earlier than April first, nineteen hundred seventy-four and not later than June first, nineteen hundred seventy-four and their successors thereafter.

2. (a) There shall be a community board for each community district created pursuant to this article.

(b) The city board shall define adjust, alter, maintain and adopt the boundaries of the community districts pursuant to this chapter no later than February first, nineteen hundred ninety-five. There shall be no less than thirty nor more than thirty-seven community districts.

(c) The city board may readjust or alter the districts in such plan only once in every ten years, commencing with the year two thousand four. The city board in conjunction with the chancellor and the community school boards council, shall prepare and make public a plan to ensure the smooth transition of pupils and school personnel, creation of new boards, and allocation of school facilities and resources among the districts established pursuant to paragraph (b) of this subdivision. Prior to the adoption of the transition plan, the city board shall hold one or more public hearings in each borough. The city board shall make the transition plan available not less than three weeks before the first such public hearing. Upon receipt of comments, the city board, in conjunction with the chancellor and the community school boards council, shall prepare a revised transition plan, if necessary and make such plan available to the public for comment. A final transition plan shall be adopted by the city board by November fifteenth, nineteen hundred ninety-five.

3. (a) The redistricting advisory study group established prior to the effective date of this paragraph for the purpose of study and making recommendations on community school district boundaries, is hereby continued and shall perform the duties required herein.

(b) The study group shall prepare a report containing recommendations for dividing the city into no more than thirty-seven community districts.

(c) In preparation of its recommendations for dividing the city into community districts, the study group shall ensure that the recommendations provide for the most effective delivery of educational services and shall be guided by the following criteria:

(1) each community district shall: (i) be a suitable size for efficient policy-making and economic management; (ii) contain a reasonable number of pupils; (iii) be compact and contiguous, contained within county lines, and to the maximum extent possible, keep intact communities and neighborhoods; and (iv) bear a rational relationship to geographic areas for which the city of New York plans and provides services;

(2) to the extent possible, keep existing lines intact;

(3) the common and special education needs of the communities and school children involved;

(4) effective utilization of existing and planned school facilities;

(5) minimum disruption of existing and planned elementary school-junior high/middle school-high school feeder patterns;

(6) transportation facilities;

(7) additional administrative costs involved in the creation of such new districts; and

(8) ensure fair and effective representation of racial and language groups pursuant to the Voting Rights Act of 1965, as amended;

(9) notwithstanding the provisions of this subparagraph and subparagraphs one through eight of this paragraph: (i) the residents of the county of New York in school district ten as it existed prior to the implementation of this paragraph shall continue to remain in school district ten as such district is comprised; (ii) the boundaries of community district thirty-one shall continue to remain as they are currently comprised; and (iii) no county shall have fewer community school districts than in existence on the effective date of this paragraph.

(d) The study group shall hold one or more public hearings in each borough before final adoption of its recommendations. The study group shall make its recommendations available to the public for inspection and comment not less than one month before the first such public hearing. Following its consideration of the comments received on the recommendations, the study group shall prepare a report containing its final recommendations. The study group shall submit its report to the city board and make such report available to the public for inspection no later than November first, nineteen hundred ninety-four.

(e) The city board of education shall hold public hearings in each borough on the recommendations submitted by the study group and may adopt, revise or reject in whole or in part such recommendations, or, may request the study group to submit adjusted recommendations. The final recommendations shall be adopted by the city board of education no later than February first, nineteen hundred ninety-five to take effect July first, nineteen hundred ninety-six, provided that such revised boundaries adopted by the city board pursuant to this chapter shall be used for purposes of community school board elections to be held on the first Tuesday in May, nineteen hundred ninety-six.

(f) Provided, however, that the city board may make minor adjustments, (i) to correct errors that may occur in the district lines adopted by the city board, or (ii) upon showing a change in circumstances. Any such limited revisions to community school district lines may occur between the effective date of this paragraph and the city board readjustment scheduled in the year two thousand four.

(g) No public hearings required pursuant to this subdivision shall be held during the months of July and August. All public hearings shall be held at a time and place designated to maximize community and parent participation. Notice of all such public hearings shall be provided in a timely manner to all print and electronic media and shall be widely distributed to all interested parties, so as to maximize participation by parents and the community. In addition such notice shall be posted in each school building and district office.

* NB Effective June 30, 2024