S T A T E   O F   N E W   Y O R K
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                                  5715

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 29, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to mayoral control of the
  city school district  of  the  city  of  Buffalo;  to  repeal  certain
  provisions  of  the  education law relating thereto; and providing for
  the repeal of certain provisions upon expiration thereof

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "city of Buffalo school district governance reform act".
  S 2. The education law is amended by adding a new article 52-B to read
as follows:
                              ARTICLE 52-B
                 CITY OF BUFFALO SCHOOL DISTRICT SYSTEM
SECTION 2591-A. APPLICATION OF ARTICLE.
        2591-B. DEFINITIONS.
        2591-C. BOARD OF EDUCATION; COMPOSITION.
        2591-D. BOARD OF EDUCATION; POWERS AND DUTIES.
        2591-E. SUPERINTENDENT  OF  SCHOOLS;  APPOINTMENT;  POWERS   AND
                  DUTIES.
        2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS
                  AND DUTIES.
        2591-G. APPOINTMENT OF TEACHERS, ADMINISTRATORS, SUPERVISORS AND
                  OTHER EMPLOYEES.
        2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES.
        2591-I. BUDGETARY AND FISCAL PROCESSES.
        2591-J. CUSTODY AND DISBURSEMENT OF FUNDS.
  S 2591-A. APPLICATION OF ARTICLE. THIS ARTICLE SHALL APPLY TO THE CITY
SCHOOL DISTRICT OF THE CITY OF BUFFALO.
  S  2591-B.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL MEAN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10770-05-5
              

S. 5715                             2

  1. BOARD OF EDUCATION. THE TERM "BOARD OF EDUCATION" OR "BOARD"  SHALL
MEAN  THE  BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF
BUFFALO,   ESTABLISHED   PURSUANT   TO   SECTION   TWENTY-FIVE   HUNDRED
NINETY-ONE-C OF THIS ARTICLE.
  2. CITY. THE TERM "CITY" SHALL MEAN THE CITY OF BUFFALO.
  3.  CITY DISTRICT. THE TERM "CITY DISTRICT" SHALL MEAN THE CITY SCHOOL
DISTRICT OF THE CITY OF BUFFALO.
  4. COMMON COUNCIL. THE TERM "COMMON COUNCIL"  SHALL  MEAN  THE  COMMON
COUNCIL OF THE CITY OF BUFFALO.
  5.  COMMISSIONER.  THE TERM "COMMISSIONER" SHALL MEAN THE COMMISSIONER
OF THE STATE EDUCATION DEPARTMENT.
  6. COUNCIL DISTRICT. THE TERM "COUNCIL DISTRICT" SHALL  MEAN  THE  SIX
DISTRICTS  INTO  WHICH  THE  CITY  OF BUFFALO IS DIVIDED PURSUANT TO THE
CHARTER OF SUCH CITY FOR  THE  PURPOSES  OF  ELECTING  DISTRICT  COUNCIL
MEMBERS.
  7.  COMMUNITY  SCHOOLS  ADVISORY  COUNCIL. THE TERM "COMMUNITY SCHOOLS
ADVISORY COUNCIL" OR "ADVISORY COUNCIL" SHALL MEAN THE ADVISORY  COUNCIL
ESTABLISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS
ARTICLE.
  8.  MAYOR.  THE  TERM  "MAYOR"  SHALL  MEAN  THE  MAYOR OF THE CITY OF
BUFFALO.
  9. SUPERINTENDENT OR SUPERINTENDENT OF SCHOOLS. THE TERM  "SUPERINTEN-
DENT"  OR  "SUPERINTENDENT  OF SCHOOLS" SHALL MEAN THE SUPERINTENDENT OF
THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO.
  S 2591-C. BOARD OF EDUCATION; COMPOSITION.  1. THE BOARD OF  EDUCATION
OF  THE CITY OF BUFFALO IS HEREBY CONTINUED.  SUCH BOARD MAY BE COMMONLY
KNOWN AND REFERRED TO  AS  THE  EDUCATION  COMMISSION  OF  THE  CITY  OF
BUFFALO.
  2. THE BOARD SHALL CONSIST OF NINE MEMBERS APPOINTED BY THE MAYOR.
  (A)  THE  MAYOR  SHALL MAKE EVERY EFFORT TO APPOINT A MEMBER FROM EACH
COUNCIL DISTRICT.
  (B) EVERY MEMBER SHALL BE A RESIDENT OF THE CITY.
  (C) ALL  MEMBERS  SHALL  POSSESS  EXTENSIVE  EDUCATIONAL,  EDUCATIONAL
ADMINISTRATION,  HEALTH  OR  MENTAL HEALTH, BUSINESS OR TRADE EXPERIENCE
AND KNOWLEDGE, OR IS CAPABLE OF MAKING  A  SIGNIFICANT  CONTRIBUTION  TO
IMPROVING THE EDUCATION OF THE STUDENTS OF THE CITY DISTRICT.
  3. ALL MEMBERS SHALL SERVE TWO YEAR TERMS.  ALL MEMBERS SHALL SERVE AT
THE  PLEASURE OF THE APPOINTING AUTHORITY.  A MEMBER MAY BE REMOVED FROM
OFFICE BY THE APPOINTING AUTHORITY DURING HIS OR HER TERM FOR GOOD CAUSE
SHOWN, AFTER NOTICE AND OPPORTUNITY TO BE HEARD.  A MEMBER  WHO  REFUSES
OR  FAILS  TO ATTEND THREE SUCCESSIVE MEETINGS OF SUCH BOARD VACATES HIS
OR HER OFFICE BY REFUSAL TO SERVE.  ANY VACANCY SHALL BE FILLED  BY  THE
APPOINTING AUTHORITY WITHIN THIRTY DAYS OF THE VACANCY.
  4.  MEMBERS  SHALL BE PAID A SALARY OF NOT MORE THAN $5,000 PER ANNUM,
AND SHALL BE REIMBURSED FOR ALL ACTUAL AND NECESSARY  EXPENSES  DIRECTLY
RELATED TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD.
  5.    (A)  NO PERSON SHALL BE ELIGIBLE FOR THE OFFICE OF MEMBER OF THE
BOARD WHO IS NOT A QUALIFIED VOTER UNDER SECTION 5-102 OF  THE  ELECTION
LAW  OF SUCH CITY SCHOOL DISTRICT. NO PERSON SHALL HOLD AT THE SAME TIME
THE OFFICE OF MEMBER OF THE BOARD AND  ANY  OTHER  ELECTIVE  OFFICE  NOR
SHALL  SUCH  PERSON  BE A CANDIDATE FOR ANY OTHER ELECTIVE OFFICE AT THE
SAME TIME HE OR SHE IS A MEMBER OF THE BOARD.
  (B) NO MEMBER OF THE BOARD SHALL BE EMPLOYED BY THE CITY OR  THE  CITY
DISTRICT  OR  SHALL  BE  A  MEMBER OF ANY PUBLIC CORPORATION, AUTHORITY,
COMMISSION OR ENTITY IN WHICH THE MAYOR HAS A MAJORITY OF APPOINTMENTS.

S. 5715                             3

  6. THE BOARD SHALL HOLD AT LEAST ONE REGULAR PUBLIC MEETING PER MONTH.
THE BOARD SHALL CONSIDER APPROPRIATE PUBLIC ACCOMMODATIONS WHEN  SELECT-
ING  A VENUE SO AS TO MAXIMIZE PARTICIPATION BY PARENTS AND THE COMMUNI-
TY. NOTICE OF THE TIME, PLACE AND AGENDA FOR ALL  BOARD  REGULAR  PUBLIC
MEETINGS  SHALL BE PUBLICLY PROVIDED, INCLUDING VIA THE BOARD'S OFFICIAL
INTERNET WEB SITE, AT LEAST TEN BUSINESS DAYS IN ADVANCE OF  SUCH  MEET-
ING.
  7. ALL MEMBERS SHALL BE REQUIRED TO PREPARE AND FILE FINANCIAL DISCLO-
SURE STATEMENTS PURSUANT TO THE CHARTER OF THE CITY OF BUFFALO.
  S  2591-D.  BOARD  OF EDUCATION; POWERS AND DUTIES. 1. THE BOARD SHALL
ADVISE THE SUPERINTENDENT ON MATTERS OF POLICY AFFECTING THE WELFARE  OF
THE  CITY  SCHOOL  DISTRICT  AND ITS PUPILS. THE BOARD SHALL EXERCISE NO
EXECUTIVE POWER AND PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTIONS.
  2. THE BOARD SHALL PERFORM ANY DUTY IMPOSED UPON BOARDS  OF  EDUCATION
OR  TRUSTEES  OF COMMON SCHOOLS UNDER THIS CHAPTER OR OTHER STATUTES, OR
THE RULES OF THE REGENTS AND REGULATIONS OF THE COMMISSIONER SO  FAR  AS
THEY  MAY  BE APPLICABLE TO THE SCHOOL OR OTHER EDUCATIONAL AFFAIRS OF A
CITY, AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
  3. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE BOARD  SHALL  FOR
ALL  PURPOSES  BE  THE  GOVERNMENT  OR  PUBLIC  EMPLOYER  OF ALL PERSONS
APPOINTED OR ASSIGNED TO WORK FOR THE CITY DISTRICT.
  4. THE BOARD SHALL ALSO HAVE THE POWER AND DUTY TO:
  (A) APPROVE STANDARDS, POLICIES, AND OBJECTIVES PROPOSED BY THE SUPER-
INTENDENT  DIRECTLY  RELATED  TO  EDUCATIONAL  ACHIEVEMENT  AND  STUDENT
PERFORMANCE;
  (B)  APPROVE  ANY OTHER STANDARDS, POLICIES, AND OBJECTIVES AS SPECIF-
ICALLY AUTHORIZED OR REQUIRED BY FEDERAL OR STATE LAW OR REGULATION;
  (C) APPROVE A PROTOCOL DEVELOPED BY  THE  SUPERINTENDENT  RELATING  TO
SCHOOL  CLOSURES PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
THIS ARTICLE;
  (D) APPROVE A  PROCUREMENT  POLICY  DEVELOPED  BY  THE  SUPERINTENDENT
PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE;
  (E)  APPROVE  THE  PURCHASE  OF  SUCH  APPARATUS, MAPS, GLOBES, BOOKS,
FURNITURE AND OTHER EQUIPMENT AND SUPPLIES AS MAY BE NECESSARY  FOR  THE
PROPER  AND  EFFICIENT  MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL,
SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS IN THE CITY DISTRICT;
  (F) APPROVE A PLAN DEVELOPED BY THE SUPERINTENDENT TO ENSURE THAT  ALL
INSTRUCTIONAL  MATERIALS  TO  BE USED IN THE SCHOOLS OF THE DISTRICT ARE
AVAILABLE IN A USABLE ALTERNATIVE FORMAT FOR EACH STUDENT WITH  A  DISA-
BILITY,  AS  DEFINED  IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
AND FOR EACH STUDENT WHO IS A QUALIFIED INDIVIDUAL WITH A DISABILITY  AS
DEFINED  IN  THE REHABILITATION ACT OF NINETEEN HUNDRED NINETY-THREE (29
U.S.C. 701), AS AMENDED, IN ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS
AND COURSE SELECTION, AT THE SAME TIME AS SUCH  INSTRUCTIONAL  MATERIALS
ARE AVAILABLE TO NON-DISABLED STUDENTS. AS PART OF SUCH PLAN, THE SUPER-
INTENDENT SHALL AMEND THE CITY DISTRICT'S PROCUREMENT POLICIES TO GIVE A
PREFERENCE  IN  THE  PURCHASE  OF INSTRUCTIONAL MATERIALS TO VENDORS WHO
AGREE TO PROVIDE MATERIALS IN ALTERNATIVE FORMATS. FOR PURPOSES OF  THIS
SUBDIVISION,  "ALTERNATIVE  FORMAT"  SHALL MEAN ANY MEDIUM OR FORMAT FOR
THE PRESENTATION OF INSTRUCTIONAL MATERIALS, OTHER  THAN  A  TRADITIONAL
PRINT  TEXTBOOK,  THAT  IS  NEEDED  AS  AN  ACCOMMODATION FOR A DISABLED
STUDENT ENROLLED IN THE SCHOOL DISTRICT, INCLUDING BUT  NOT  LIMITED  TO
BRAILLE, LARGE PRINT, OPEN AND CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC
FILE IN AN APPROVED FORMAT, AS DEFINED IN THE REGULATIONS OF THE COMMIS-
SIONER.  WHEN AN ELECTRONIC FILE IS PROVIDED, THE PLAN SHALL SPECIFY HOW
THE  FORMAT  WILL  BE ACCESSED BY STUDENTS AND/OR HOW THE DISTRICT SHALL

S. 5715                             4

CONVERT TO AN ACCESSIBLE FORMAT. SUCH PLAN SHALL IDENTIFY THE  NEEDS  OF
STUDENTS RESIDING IN THE DISTRICT FOR ALTERNATIVE FORMAT MATERIALS. SUCH
PLAN  SHALL  ALSO  SPECIFY ORDERING TIMELINES TO ENSURE THAT ALTERNATIVE
FORMAT  MATERIALS ARE AVAILABLE AT THE SAME TIME AS REGULAR FORMAT MATE-
RIALS.   SUCH PLANS SHALL INCLUDE PROCEDURES  TO  ADDRESS  THE  NEED  TO
OBTAIN  MATERIALS  IN  ALTERNATIVE  FORMAT  WITHOUT  DELAY  FOR DISABLED
STUDENTS WHO MOVE INTO THE SCHOOL DISTRICT DURING THE SCHOOL YEAR;
  (G) APPROVE THE ESTABLISHMENT OF SUCH FREE  ELEMENTARY  SCHOOLS,  HIGH
SCHOOLS,  COMMUNITY SCHOOLS, TRAINING SCHOOLS, VOCATIONAL AND INDUSTRIAL
SCHOOLS,  KINDERGARTENS,  NURSERY  SCHOOLS,  TECHNICAL  SCHOOLS,   NIGHT
SCHOOLS,  PART-TIME  OR  CONTINUATION SCHOOLS, VOCATION SCHOOLS, SCHOOLS
FOR ADULTS, SCHOOLS FOR PHYSICALLY OR MENTALLY HANDICAPPED OR DELINQUENT
CHILDREN OR SUCH OTHER SCHOOLS OR CLASSES AS  THE  SUPERINTENDENT  SHALL
DEEM NECESSARY TO MEET THE NEEDS AND DEMANDS OF THE CITY;
  (H) AUTHORIZE THE GENERAL COURSES OF STUDY WHICH SHALL BE GIVEN IN THE
SCHOOLS  AND  TO  APPROVE THE CONTENT OF SUCH COURSES BEFORE THEY BECOME
OPERATIVE;
  (I) AUTHORIZE AND APPROVE THE TEXTBOOKS TO  BE  USED  IN  THE  SCHOOLS
UNDER ITS JURISDICTION;
  (J)  PERFORM SUCH OTHER DUTIES AND POSSESS SUCH OTHER POWERS AS MAY BE
REQUIRED TO ADMINISTER THE AFFAIRS PLACED UNDER ITS CONTROL AND  MANAGE-
MENT, TO EXECUTE ALL POWERS VESTED IN IT, AND TO PROMOTE THE BEST INTER-
ESTS  OF  THE  STUDENTS,  SCHOOLS  AND OTHER ACTIVITIES COMMITTED TO ITS
CARE;
  (K) APPROVE  TRANSPORTATION,  HOME-TEACHING  OR  SPECIAL  CLASSES,  AS
DEFINED UNDER SECTIONS FORTY-FOUR HUNDRED ONE AND FORTY-FOUR HUNDRED TWO
OF  THIS  CHAPTER  FOR PHYSICALLY OR MENTALLY HANDICAPPED AND DELINQUENT
CHILDREN. SUCH TRANSPORTATION, HOME-TEACHING OR  SPECIAL  CLASSES,  WHEN
PROVIDED  PURSUANT  TO  THIS  SUBDIVISION,  SHALL BE GRANTED TO ALL SUCH
CHILDREN IRRESPECTIVE OF THE SCHOOL THEY LEGALLY ATTEND;
  (L) APPROVE ANY CONTRACT PROPOSED BY THE SUPERINTENDENT FOR THE TRANS-
PORTATION OF CHILDREN TO AND FROM ANY SCHOOL OR INSTITUTION OF  LEARNING
WHENEVER  IN  THE  JUDGMENT OF THE SUPERINTENDENT SUCH TRANSPORTATION IS
REQUIRED BECAUSE OF THE REMOTENESS OF THE SCHOOL TO THE PUPIL OR FOR THE
PROMOTION OF THE BEST INTERESTS OF SUCH CHILDREN.  ANY SUCH CONTRACT MAY
BE MADE FOR A PERIOD  NOT  EXCEEDING  FIVE  YEARS,  NOTWITHSTANDING  ANY
PROVISION OF STATE OR LOCAL LAW;
  (M)  APPROVE,  OUTSIDE THE TERRITORIAL LIMITS OF THE CITY DISTRICT BUT
WITHIN THE STATE OR WITHIN AN ADJOINING STATE, THE PROVISION  OF  EDUCA-
TION  FOR  CHILDREN  RESIDENT  WITHIN  THE CITY DISTRICT WHENEVER IN THE
JUDGMENT OF THE BOARD, APPROVED  BY  THE  COMMISSIONER,  THE  HEALTH  OR
WELFARE  OF  SUCH  CHILDREN MAKES SUCH PROVISION NECESSARY OR DESIRABLE,
AND THE AVERAGE DAILY ATTENDANCE OF SUCH PUPILS SHALL BE INCLUDED IN THE
AVERAGE DAILY ATTENDANCE OF SUCH DISTRICT AS CERTIFIED  TO  THE  COMMIS-
SIONER IN THE REPORT OF THE BOARD;
  (N)  APPROVE  THE  PROCESS  DEVELOPED  BY  THE  SUPERINTENDENT FOR THE
RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES  FOR  SCHOOL  PRINCI-
PALS; AND
  (O)  APPROVE  THE  PROCESSES  DEVELOPED  BY THE SUPERINTENDENT FOR THE
SELECTION OF MEMBERS TO THE COMMUNITY SCHOOLS ADVISORY COUNCILS PURSUANT
TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
  5. THE BOARD SHALL ADOPT A POLICY PROPOSED BY THE SUPERINTENDENT  THAT
PROMOTES  THE  RECRUITMENT  AND  RETENTION  OF  A  WORKFORCE AT THE CITY
DISTRICT THAT CONSIDERS THE DIVERSITY  OF  THE  STUDENTS  ATTENDING  THE
PUBLIC  SCHOOLS  WITHIN  THE  CITY DISTRICT. THE BOARD SHALL REVIEW AT A
REGULAR PUBLIC MEETING AN ANNUAL REPORT  ISSUED  BY  THE  SUPERINTENDENT

S. 5715                             5

OUTLINING  THE  INITIATIVES  TAKEN  TO  ENHANCE  DIVERSITY AND EQUITY IN
RECRUITMENT AND RETENTION AND THE IMPACTS OF  SUCH  INITIATIVES  TO  THE
CITY WORKFORCE.
  S  2591-E.  SUPERINTENDENT OF SCHOOLS; APPOINTMENT; POWERS AND DUTIES.
1. THE SUPERINTENDENT OF SCHOOLS SHALL BE APPOINTED BY THE MAYOR.    THE
SUPERINTENDENT  MAY BE REMOVED BY THE APPOINTING AUTHORITY WITHOUT PRIOR
APPROVAL.
  2. THE SUPERINTENDENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
  (A) TO BE THE CHIEF EXECUTIVE OFFICER OF THE CITY DISTRICT, AND  SHALL
BE A NON-VOTING EX OFFICIO MEMBER OF THE BOARD.
  (B)  CONTROL  AND  OPERATE ALL PRE-KINDERGARTEN, ELEMENTARY, SECONDARY
AND SPECIAL EDUCATION SCHOOLS, PROGRAMS AND SERVICES UNDER THE JURISDIC-
TION OF THE CITY DISTRICT.
  (C)  PROMULGATE  MINIMUM  CLEAR  EDUCATIONAL   STANDARDS,   CURRICULUM
REQUIREMENTS  AND FRAMEWORKS AND MANDATORY EDUCATIONAL OBJECTIVES APPLI-
CABLE TO ALL SCHOOLS AND PROGRAMS  THROUGHOUT  THE  CITY  DISTRICT,  AND
EXAMINE  AND  EVALUATE  PERIODICALLY  ALL SUCH SCHOOLS AND PROGRAMS WITH
RESPECT TO:
  (I) COMPLIANCE WITH SUCH EDUCATIONAL STANDARDS AND OTHER REQUIREMENTS,
AND
  (II) THE EDUCATIONAL EFFECTIVENESS OF SUCH SCHOOLS AND PROGRAMS, IN  A
MANNER NOT INCONSISTENT WITH THE POLICIES OF THE BOARD.
  (D)  PREPARE  THE  CONTENT  OF  EACH COURSE OF STUDY AUTHORIZED BY THE
BOARD. THE CONTENT OF EACH SUCH COURSE SHALL BE SUBMITTED TO  THE  BOARD
FOR ITS APPROVAL AND, WHEN APPROVED, THE SUPERINTENDENT SHALL CAUSE SUCH
COURSES OF STUDY TO BE USED IN THE GRADES, CLASSES AND SCHOOLS FOR WHICH
THEY ARE AUTHORIZED.
  (E) PREPARE AND FILE A BUDGET ESTIMATE WITH THE BOARD OF EDUCATION FOR
THE  CITY  DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-I
OF THIS ARTICLE.
  (F) RECOMMEND SUITABLE LISTS OF TEXTBOOKS TO BE USED IN THE SCHOOLS.
  (G) PROMULGATE  POLICIES  ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
ADMINISTRATIVE QUALIFICATIONS, PERFORMANCE RECORD CRITERIA, AND PERFORM-
ANCE STANDARDS FOR THE POSITIONS OF PRINCIPAL.
  (H) ESTABLISH, SUBJECT TO THE APPROVAL OF THE BOARD, A PUBLICLY INCLU-
SIVE  PROCESS FOR THE RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES
FOR SCHOOL PRINCIPALS.
  (I) APPOINT AND HAVE SUPERVISION AND DIRECTION OF  ASSOCIATE,  ASSIST-
ANT,  AND  OTHER  SUPERINTENDENTS,  DIRECTORS,  SUPERVISORS, PRINCIPALS,
TEACHERS, ATTENDANCE OFFICERS, JANITORS AND OTHER  PERSONS  EMPLOYED  IN
THE MANAGEMENT OF THE SCHOOLS OR THE OTHER EDUCATIONAL ACTIVITIES OF THE
CITY AUTHORIZED BY THIS ARTICLE.
  (J) TRANSFER TEACHERS FROM ONE SCHOOL TO ANOTHER, OR FROM ONE GRADE OF
THE  COURSE  OF STUDY TO ANOTHER GRADE IN SUCH COURSE, AND TO SUSPEND AN
ASSOCIATE, ASSISTANT  OR  OTHER  SUPERINTENDENT,  DIRECTOR,  SUPERVISOR,
PRINCIPAL,  TEACHER  OR  OTHER  EMPLOYEE  UNTIL SUCH TIME WHEN ALL FACTS
RELATING TO THE CASE SHALL BE SUBMITTED TO THE BOARD FOR  ITS  CONSIDER-
ATION AND ACTION.
  (K) HAVE SUPERVISION AND DIRECTION OVER THE ENFORCEMENT AND OBSERVANCE
OF  THE  COURSES  OF STUDY, THE EXAMINATION AND PROMOTION OF PUPILS, AND
OVER ALL OTHER MATTERS PERTAINING TO  PLAYGROUNDS,  MEDICAL  INSPECTION,
RECREATION  AND  SOCIAL  CENTER  WORK, LIBRARIES, LECTURES AND ALL OTHER
EDUCATIONAL ACTIVITIES AND INTEREST UNDER THE MANAGEMENT, DIRECTION  AND
CONTROL OF THE BOARD.
  (L)  PROMOTE  THE  INVOLVEMENT AND APPROPRIATE INPUT OF ALL MEMBERS OF
THE SCHOOL COMMUNITY, INCLUDING  PARENTS,  TEACHERS,  AND  OTHER  SCHOOL

S. 5715                             6

PERSONNEL,   INCLUDING,   ESTABLISHING   A  PARENTS'  ASSOCIATION  OR  A
PARENT-TEACHERS' ASSOCIATION IN EACH SCHOOL IN THE CITY DISTRICT.
  (M)  CREATE  STANDARDS,  POLICIES  AND  OBJECTIVES DIRECTLY RELATED TO
MAINTAINING THE INTERNAL FISCAL INTEGRITY OF  ADMINISTRATIVE  OPERATIONS
OF THE CITY DISTRICT.
  (N)  ESTABLISH  UNIFORM  PROCEDURES FOR RECORD KEEPING, ACCOUNTING AND
REPORTING THROUGHOUT THE CITY DISTRICT, INCLUDING PUPIL RECORD  KEEPING,
ACCOUNTING AND REPORTING.
  (O) DEVELOP, SUBJECT TO THE APPROVAL OF THE BOARD, A PROCUREMENT POLI-
CY  FOR THE CITY DISTRICT, CONSISTENT WITH THE PROVISIONS OF SECTION ONE
HUNDRED THREE OF THE GENERAL MUNICIPAL LAW AND MWBE GOALS, WHICH  POLICY
SHALL  INCLUDE  PROVISIONS  FOR EMERGENCY PROCUREMENTS; A PLAN TO ENSURE
THAT ALL INSTRUCTIONAL MATERIALS ARE AVAILABLE IN A  USABLE  ALTERNATIVE
FORMAT  FOR  DISABLED  STUDENTS  PURSUANT TO SUBDIVISION FOUR OF SECTION
TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTICLE; AND SHALL ALSO INCLUDE
THE REQUIREMENT THAT THE BOARD MUST APPROVE ANY CONTRACT AWARDED BY  THE
CITY DISTRICT OR THE SUPERINTENDENT WHERE:
  (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
ITIVE SEALED BIDDING, INCLUDING BUT NOT LIMITED  TO  COMPETITIVE  SEALED
PROPOSALS,  OR  SOLE  SOURCE  CONTRACTS.  IN  THE  CASE OF A SOLE SOURCE
CONTRACT, PRIOR TO THE SUBMISSION OF  THE  CONTRACT  FOR  APPROVAL,  THE
CORPORATION  COUNSEL OF THE CITY SHALL CERTIFY THAT THE LEGAL AND PROCE-
DURAL REQUISITES FOR  THE  SOLICITATION  AND  AWARD  OF  A  SOLE  SOURCE
CONTRACT HAVE BEEN COMPLIED WITH;
  (II)  SUCH  CONTRACT  PROVIDES  FOR TECHNICAL, CONSULTANT, OR PERSONAL
SERVICES;
  (III) THE VALUE OF  SUCH  CONTRACT  EXCEEDS,  OR  PROJECTS  AN  ANNUAL
EXPENDITURE EXCEEDING, FIFTY THOUSAND DOLLARS; OR
  (IV)  THE  VALUE  OF  ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS
FIFTY THOUSAND DOLLARS ANNUALLY.
  (P) PROVIDE TRANSPORTATION, HOME-TEACHING OR SPECIAL CLASSES FOR PHYS-
ICALLY OR MENTALLY DISABLED AND DELINQUENT  CHILDREN.  SUCH  TRANSPORTA-
TION,  HOME-TEACHING  OR SPECIAL CLASSES, WHEN PROVIDED PURSUANT TO THIS
PARAGRAPH, SHALL BE GRANTED TO ALL SUCH  CHILDREN  IRRESPECTIVE  OF  THE
SCHOOL THEY LEGALLY ATTEND.
  (Q)  ISSUE AN ANNUAL REPORT ON THE PARTICIPATION OF MINORITY AND WOMEN
OWNED BUSINESS ENTERPRISES IN THE CITY DISTRICT'S PROCUREMENT PROCESS.
  (R) ENFORCE ALL PROVISIONS OF LAW AND ALL  POLICIES  RELATING  TO  THE
MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL, SOCIAL AND RECREATIONAL
ACTIVITIES UNDER THE DIRECTION OF THE BOARD.
  (S) CREATE, ABOLISH, AND CONSOLIDATE SUCH POSITIONS, DIVISIONS, BOARDS
OR  BUREAUS  AS  MAY  BE NECESSARY FOR THE PROPER AND EFFICIENT ADMINIS-
TRATION OF THE CITY DISTRICT.
  (T) HAVE THE CARE, CUSTODY, CONTROL  AND  SAFEKEEPING  OF  ALL  SCHOOL
PROPERTY  OR  OTHER PROPERTY OF THE CITY USED FOR EDUCATIONAL, SOCIAL OR
RECREATIONAL WORK AND NOT SPECIFICALLY PLACED BY LAW UNDER  THE  CONTROL
OF SOME OTHER BODY OR OFFICER, AND TO PRESCRIBE POLICIES FOR THE PRESER-
VATION OF SUCH PROPERTY.
  (U)  ESTABLISH AND MAINTAIN LIBRARIES WHICH MAY BE OPEN TO THE PUBLIC,
TO ORGANIZE AND MAINTAIN PUBLIC LECTURE COURSES, AND  TO  ESTABLISH  AND
EQUIP PLAYGROUNDS, RECREATION CENTERS, SOCIAL CENTERS, AND READING ROOMS
FROM  SUCH  FUNDS  AS  THIS  CHAPTER OR OTHER STATUTES AUTHORIZE AND THE
STATE APPROPRIATES FOR SUCH PURPOSES, AND FROM SUCH OTHER FUNDS  AS  MAY
BE PROVIDED THEREFOR FROM LOCAL TAXATION OR OTHER SOURCES.
  (V)  CONDUCT  AND  MAINTAIN SUCH EXTRA CLASSROOM ACTIVITIES, INCLUDING
THE OPERATION OF CAFETERIAS OR RESTAURANT SERVICE FOR PUPILS AND  TEACH-

S. 5715                             7

ERS,  AS THE SUPERINTENDENT, FROM TIME TO TIME, SHALL DEEM PROPER.  SUCH
CAFETERIAS OR RESTAURANT SERVICE MAY BE USED BY THE COMMUNITY FOR SCHOOL
RELATED FUNCTIONS AND ACTIVITIES AND TO FURNISH  MEALS  TO  THE  ELDERLY
RESIDENTS,  SIXTY YEARS OF AGE OR OLDER, OF THE DISTRICT.  CHARGES SHALL
BE SUFFICIENT TO MEET THE DIRECT COST  OF  PREPARING  AND  SERVING  SUCH
MEALS, REDUCIBLE BY AVAILABLE REIMBURSEMENTS.
  (W)  IN  HIS  OR  HER  DISCRETION, PURCHASE INSURANCE AGAINST PERSONAL
INJURIES INCURRED BY AN AUTHORIZED PARTICIPANT  IN  A  SCHOOL  VOLUNTEER
PROGRAM, INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED PARTICIPANTS WHO
ASSIST  ON  SCHOOL  BUSES,  SCHOOL  SPONSORED TRANSPORTATION TO AND FROM
SCHOOL, OR ON SCHOOL SPONSORED FIELD TRIPS OR ANY OTHER SCHOOL SPONSORED
ACTIVITY; PROVIDED, HOWEVER, THAT THE INJURIES WERE INCURRED  WHILE  THE
AUTHORIZED PARTICIPANT WAS FUNCTIONING EITHER WITHIN THE SCOPE OF HIS OR
HER AUTHORIZED VOLUNTEER DUTIES OR UNDER THE DIRECTION OF THE BOARD.
  (X)  WHERE  THE  DISTRICT  HAS  PROVIDED  TRANSPORTATION  TO  STUDENTS
ENROLLED IN SUCH DISTRICT TO A SCHOOL SPONSORED FIELD TRIP, EXTRACURRIC-
ULAR ACTIVITY OR ANY OTHER SIMILAR EVENT, PROVIDE TRANSPORTATION BACK TO
EITHER THE POINT OF DEPARTURE  OR  TO  THE  APPROPRIATE  SCHOOL  IN  THE
DISTRICT, UNLESS THE PARENT OR LEGAL GUARDIAN OF A STUDENT PARTICIPATING
IN  SUCH  EVENT  HAS  PROVIDED  THE SCHOOL DISTRICT WITH WRITTEN NOTICE,
CONSISTENT WITH DISTRICT POLICY,  AUTHORIZING  AN  ALTERNATIVE  FORM  OF
RETURN  TRANSPORTATION  FOR  SUCH  STUDENT OR UNLESS INTERVENING CIRCUM-
STANCES MAKE SUCH TRANSPORTATION IMPRACTICAL. IN CASES WHERE INTERVENING
CIRCUMSTANCES MAKE TRANSPORTATION OF A STUDENT  BACK  TO  THE  POINT  OF
DEPARTURE  OR  TO  THE APPROPRIATE SCHOOL IN THE DISTRICT IMPRACTICAL, A
REPRESENTATIVE OF THE SCHOOL DISTRICT  SHALL  REMAIN  WITH  THE  STUDENT
UNTIL SUCH STUDENT'S PARENT OR LEGAL GUARDIAN HAS BEEN (I) CONTACTED AND
INFORMED OF THE INTERVENING CIRCUMSTANCES WHICH MAKE SUCH TRANSPORTATION
IMPRACTICAL  AND  (II)  SUCH  STUDENT  HAD  BEEN DELIVERED TO HIS OR HER
PARENT OR LEGAL GUARDIAN.
  (Y) QUARTERLY, PREPARE A SCHOOL DISTRICT  REPORT  CARD  IN  ACCORDANCE
WITH  SUBDIVISION  TWENTY-FOUR OF SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR
OF THIS TITLE TO BE SUBMITTED TO THE MAYOR, THE BOARD OF EDUCATION,  THE
TEMPORARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
GOVERNOR AND SUCH REPORT CARD SHALL BE PUBLICLY  AVAILABLE  THROUGH  THE
CITY SCHOOL DISTRICT WEBSITE FOR THE COMMUNITY TO REVIEW.
  (Z) IN HIS OR HER DISCRETION, TO PROVIDE UNDER A GROUP INSURANCE POLI-
CY  OR  POLICIES  ISSUED BY ANY INSURANCE COMPANY OR INSURANCE COMPANIES
AUTHORIZED TO DO BUSINESS IN THIS STATE OR UNDER A GROUP CONTRACT ISSUED
BY ONE OR MORE CORPORATIONS SUBJECT TO ARTICLE FORTY-THREE OF THE INSUR-
ANCE LAW, LIFE INSURANCE OR ACCIDENT AND HEALTH  INSURANCE  BENEFITS  OR
MEDICAL AND SURGICAL BENEFITS OR HOSPITAL SERVICE BENEFITS OR ANY TWO OR
MORE  OF  SUCH  KINDS OF BENEFITS TO TEACHERS AND OTHER EMPLOYEES OF THE
SCHOOL DISTRICT WHO PARTICIPATE IN  A  PLAN  OR  PLANS,  AS  HEREINAFTER
PROVIDED. THE DISBURSING OFFICER OF THE SCHOOL DISTRICT IS AUTHORIZED TO
DEDUCT  FROM  THE  SALARY  OF  SUCH  PARTICIPANT  WITH  HIS OR HER PRIOR
CONSENT, IN WRITING, THE SUMS REPRESENTING THE  PARTICIPANT'S  SHARE  OF
THE PREMIUM OR PREMIUMS WHICH ARE PAYABLE BY SUCH OFFICER TO SUCH INSUR-
ANCE  COMPANY  OR  CORPORATION.  THE SUPERINTENDENT IS AUTHORIZED TO PAY
FROM SUCH MONEYS AS ARE AVAILABLE FOR THE PURPOSE, A SHARE OF  THE  COST
OF  SUCH  BENEFIT  OR  BENEFITS IN SUCH AMOUNT AS IS REQUIRED TO BE PAID
UNDER SUCH GROUP INSURANCE POLICY  OR  POLICIES  OR  GROUP  CONTRACT  OR
CONTRACTS  BY  THE  BOARD, AS EMPLOYER. THE SUM TO BE PAID BY THE SUPER-
INTENDENT UNDER SUCH POLICY OR POLICIES OR CONTRACT OR CONTRACTS, IN THE
DISCRETION OF THE SUPERINTENDENT, MAY BE ANY  PERCENTAGE  OF  THE  TOTAL
COST OF THE BENEFIT OR BENEFITS INCLUDING THE WHOLE THEREOF.

S. 5715                             8

  (AA) DEVELOP A PROCESS, TO BE APPROVED BY THE BOARD, FOR THE SELECTION
OF  MEMBERS  TO  THE  COMMUNITY  SCHOOLS  ADVISORY  COUNCILS PURSUANT TO
SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
  3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, PUBLIC
SCHOOLS  WITHIN  THE  CITY  DISTRICT  SHALL  BE  CLOSED  PURSUANT TO THE
REQUIREMENTS OF THIS SUBDIVISION.
  (A) THE SUPERINTENDENT SHALL DEVELOP A PROTOCOL  FOR  SCHOOL  CLOSURES
THAT  SHALL  BE  APPROVED BY THE BOARD OF EDUCATION. SUCH PROTOCOL SHALL
INCLUDE THE ESTABLISHMENT OF QUANTIFIABLE  STANDARDS  AND  CRITERIA  FOR
EVERY PROPOSED SCHOOL CLOSURE THAT ADDRESS:
  (I)  THE SCHOOL'S ACADEMIC PERFORMANCE, INCLUDING STANDARDS AND CRITE-
RIA TO IDENTIFY FOR CLOSURE THE PERSISTENTLY LOWEST-ACHIEVING SCHOOLS IN
THE CITY SCHOOL DISTRICT THAT TAKE INTO ACCOUNT STUDENT  PERFORMANCE  ON
EXISTING STATE ASSESSMENTS AND GRADUATION RATES;
  (II)  THE  SCHOOL'S  RESPONSIVENESS  TO PREVIOUS SCHOOL IMPROVEMENT OR
TURNAROUND EFFORTS; AND
  (III) THE CURRENT AND  PROJECTED  PUPIL  ENROLLMENT  OF  THE  AFFECTED
SCHOOL AND THE PROSPECTIVE NEED FOR SUCH SCHOOL BUILDING.
  (B)  THE  SUPERINTENDENT  SHALL PREPARE A SCHOOL CLOSURE PLAN FOR EACH
PROPOSED CLOSURE BASED ON THE PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH
(A) OF THIS SUBDIVISION THAT SHALL INCLUDE THE FOLLOWING INFORMATION:
  (I) THE RAMIFICATIONS OF  SUCH  SCHOOL  CLOSURE  UPON  THE  COMMUNITY,
INITIAL COSTS AND SAVINGS RESULTING FROM SUCH SCHOOL CLOSURE, THE POTEN-
TIAL DISPOSABILITY OF ANY CLOSED SCHOOL;
  (II)  THE  IMPACTS  OF  THE  PROPOSED  SCHOOL  CLOSURE TO ANY AFFECTED
STUDENTS AND THE ABILITY OF OTHER SCHOOLS IN THE AFFECTED  COMMUNITY  TO
ACCOMMODATE PUPILS FOLLOWING THE SCHOOL CLOSURE;
  (III) AN OUTLINE OF ANY PROPOSED OR POTENTIAL USE OF THE SCHOOL BUILD-
ING FOR OTHER EDUCATIONAL PROGRAMS OR ADMINISTRATIVE SERVICES;
  (IV)  THE  EFFECT OF SUCH SCHOOL CLOSURE ON PERSONNEL NEEDS, THE COSTS
OF  INSTRUCTION,  ADMINISTRATION,  TRANSPORTATION,  AND  OTHER   SUPPORT
SERVICES; AND
  (V)  THE  TYPE,  AGE,  AND PHYSICAL CONDITION OF SUCH SCHOOL BUILDING,
MAINTENANCE, AND ENERGY COSTS, RECENT OR PLANNED  IMPROVEMENTS  TO  SUCH
SCHOOL BUILDING, AND SUCH BUILDING'S SPECIAL FEATURES.
  (C) SUCH SCHOOL CLOSURE PLAN SHALL BE MADE PUBLICLY AVAILABLE, INCLUD-
ING  VIA  THE BOARD OF EDUCATION'S OFFICIAL INTERNET WEBSITE, AND A COPY
SHALL ALSO BE FILED WITH THE AFFECTED COMMUNITY SCHOOLS ADVISORY COUNCIL
AT LEAST SIX MONTHS IN ADVANCE  OF  THE  FIRST  DAY  OF  SCHOOL  IN  THE
SUCCEEDING SCHOOL YEAR.
  (D) WITHIN SIXTY DAYS FOLLOWING THE FILING OF THE SCHOOL CLOSURE PLAN,
THE  SUPERINTENDENT  SHALL HOLD A JOINT PUBLIC HEARING WITH THE IMPACTED
COMMUNITY SCHOOLS ADVISORY COUNCIL AT THE SCHOOL THAT IS SUBJECT TO  THE
PROPOSED  SCHOOL  CLOSING,  AND  SHALL  ALLOW  ALL INTERESTED PARTIES AN
OPPORTUNITY TO PRESENT  COMMENTS  OR  CONCERNS  REGARDING  THE  PROPOSED
SCHOOL  CLOSING.  THE  SUPERINTENDENT  SHALL  ENSURE THAT NOTICE OF SUCH
JOINT HEARING IS WIDELY AND CONSPICUOUSLY POSTED IN  SUCH  A  MANNER  TO
MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS THAT RECEIVE NOTICE, INCLUD-
ING  PROVIDING  NOTICE  TO AFFECTED PARENTS AND STUDENTS AND THE ELECTED
STATE AND LOCAL OFFICIALS WHO REPRESENT THE AFFECTED COMMUNITIES.
  (E) THE SUPERINTENDENT SHALL RENDER A DECISION ON ALL PROPOSED  SCHOOL
CLOSURES;  PROVIDED,  HOWEVER,  A  SCHOOL  CLOSURE SHALL NOT TAKE EFFECT
UNTIL ALL THE PROVISIONS OF THIS SUBDIVISION HAVE BEEN SATISFIED AND THE
SCHOOL YEAR IN WHICH THE DECISION TO CLOSE SUCH  SCHOOL  WAS  MADE,  HAS
ENDED.

S. 5715                             9

  4. THE SUPERINTENDENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
RY  RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES PURSU-
ANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER,  WHO  DO  NOT
HOLD  VALID  CLEARANCE  PURSUANT  TO SUCH SECTION OR PURSUANT TO SECTION
THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR
TWELVE  HUNDRED  TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW IN ACCORD-
ANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  TWENTY-FIVE   OF   SECTION
TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
  5.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE THE SUPER-
INTENDENT TO BE OR ACT AS A CHARTER ENTITY PURSUANT TO ARTICLE FIFTY-SIX
OF THIS TITLE.
  S 2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS AND
DUTIES. 1. (A) THERE SHALL BE ESTABLISHED A COMMUNITY  SCHOOLS  ADVISORY
COUNCIL.  THE  COUNCIL SHALL CONSIST OF AT LEAST SIX VOTING MEMBERS, ONE
FROM EACH CITY SCHOOL SUBDISTRICT, WHO:
  (I) SHALL BE A RESIDENT OF THE CITY DISTRICT;
  (II) SHALL BE AN ELIGIBLE VOTER  PURSUANT  TO  SECTION  5-102  OF  THE
ELECTION LAW;
  (III) MAY BE A PARENT OF A CHILD ATTENDING A SCHOOL LOCATED WITHIN THE
COUNCIL  DISTRICT  AND  SELECTED  BY  THE PRESIDENTS AND OFFICERS OF THE
PARENTS'  ASSOCIATIONS  OR  PARENT-TEACHERS'  ASSOCIATIONS  OF   SCHOOLS
LOCATED IN THE CITY SCHOOL SUBDISTRICT;
  (IV) MAY BE A TEACHER WITHIN THE CITY SCHOOL SUBDISTRICT; AND
  (V) MAY BE A COMMUNITY LEADER IN A NON-ELECTED ROLE.
  (B)  SUCH MEMBERS SHALL SERVE FOR A TERM OF TWO YEARS AND SHALL NOT BE
PAID A SALARY OR STIPEND, BUT SHALL BE REIMBURSED  FOR  ALL  ACTUAL  AND
NECESSARY EXPENSES AT THE DISCRETION OF THE BOARD OF EDUCATION.
  2. (A) THE SUPERINTENDENT SHALL:
  (I) DEVELOP SELECTION PROCEDURES TO BE APPROVED BY THE BOARD FOR ADVI-
SORY  COUNCIL  MEMBERS  WHICH,  TO  THE  MAXIMUM  EXTENT POSSIBLE, SHALL
ATTEMPT TO ENSURE A MEMBERSHIP THAT REFLECTS A REPRESENTATIVE CROSS-SEC-
TION OF THE COMMUNITIES WITHIN THE CITY SCHOOL SUBDISTRICT AND DIVERSITY
OF THE STUDENT POPULATION INCLUDING THOSE  WITH  PARTICULAR  EDUCATIONAL
NEEDS;
  (II) REQUIRE FINANCIAL DISCLOSURE BY THE APPOINTEES;
  (III)  ESTABLISH  POLICIES  PROHIBITING  POLITICAL ENDORSEMENTS OF AND
CAMPAIGN CONTRIBUTIONS TO NOMINEES; AND
  (IV) BEGINNING IN SEPTEMBER OF EACH SCHOOL YEAR AND  CONTINUING  UNTIL
THE   DATE  OF  SELECTION,  ENSURE  THE  DISTRIBUTION  OF  INFORMATIONAL
PAMPHLETS TO PARENTS AND ADDITIONAL INFORMATION REGARDING ADVISORY COUN-
CIL ROLES, FUNCTIONS, AND ACTIVITIES, INCLUDING UPCOMING PARENTS'  ASSO-
CIATION  AND  PARENT-TEACHERS' ASSOCIATION ELECTIONS, CANDIDATE INFORMA-
TION, AND THE NATURE OF THE SELECTION PROCESS.
  (B) THE ADVISORY COUNCIL MEMBERS SHALL BE CHOSEN  BY  THE  SUPERINTEN-
DENT.
  (C)  THE  ADVISORY  COUNCIL  SHALL SELECT ONE OF ITS VOTING MEMBERS TO
SERVE AS CHAIR, AND SHALL ALSO APPOINT, FROM AMONG ITS MEMBERS, A SECRE-
TARY, WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
  (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
  (II) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS  AND  OTHER  ADVISORY
COUNCIL MEETINGS; AND
  (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
RIALS FOR SUCH MEETINGS.
  3.  (A)  NO  PERSON  SHALL  BE ELIGIBLE FOR MEMBERSHIP ON THE ADVISORY
COUNCIL IF HE OR SHE HOLDS ANY ELECTIVE PUBLIC OFFICE OR ANY ELECTIVE OR
APPOINTED PARTY POSITION EXCEPT THAT OF DELEGATE OR  ALTERNATE  DELEGATE

S. 5715                            10

TO A NATIONAL, STATE, JUDICIAL OR OTHER PARTY CONVENTION, OR MEMBER OF A
COUNTY COMMITTEE.
  (B)  A  PERSON  SHALL BE PERMANENTLY INELIGIBLE FOR APPOINTMENT TO THE
ADVISORY COUNCIL IF ANY OF THE FOLLOWING APPLIES TO THEM:
  (I) AN ACT OF MALFEASANCE DIRECTLY RELATED TO HIS OR  HER  SERVICE  ON
THE ADVISORY COUNCIL; OR
  (II)  CONVICTION  OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED TO HIS
OR HER SERVICE ON THE ADVISORY COUNCIL.
  (C) VACANCIES SHALL BE FILLED BY THE SUPERINTENDENT FOR  AN  UNEXPIRED
TERM.
  4.  THE  ADVISORY  COUNCIL  SHALL HAVE THE FOLLOWING POWERS AND DUTIES
WITH RESPECT TO ALL PRE-KINDERGARTEN, PRIMARY, COMMUNITY  AND  SECONDARY
SCHOOLS AND PROGRAMS IN THE COUNCIL DISTRICT. THE ADVISORY COUNCIL SHALL
HAVE  NO EXECUTIVE OR ADMINISTRATIVE POWERS OR FUNCTIONS, BUT SHALL HAVE
THE FOLLOWING POWERS AND DUTIES:
  (A) PROMOTE ACHIEVEMENT OF EDUCATIONAL STANDARDS, A CULTURALLY  COMPE-
TENT ENVIRONMENT AND OBJECTIVES RELATING TO THE INSTRUCTION OF STUDENTS.
  (B)  REVIEW, CONDUCT PUBLIC HEARINGS AND COMMENT ON THE ITEMIZED ESTI-
MATE PREPARED BY THE  SUPERINTENDENT  PURSUANT  TO  SECTION  TWENTY-FIVE
HUNDRED NINETY-ONE-I OF THIS ARTICLE AND SUBMIT ANY COMMENTS OR TESTIMO-
NY BY THE PUBLIC TO THE SUPERINTENDENT.
  (C)  CONDUCT  A JOINT PUBLIC HEARING WITH THE SUPERINTENDENT REGARDING
ANY PROPOSED SCHOOL CLOSING OF ANY  PUBLIC  SCHOOL  LOCATED  WITHIN  THE
COUNCIL DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
THIS ARTICLE.
  (D)  CONDUCT  REGULAR  MEETINGS WITH THE SUPERINTENDENT TO DISCUSS THE
CURRENT STATE OF THE SCHOOLS IN THE COUNCIL DISTRICT.
  (E) REVIEW THE COUNCIL  DISTRICT'S  EDUCATIONAL  PROGRAMS  AND  ASSESS
THEIR EFFECT ON STUDENT ACHIEVEMENT.
  (F)  PROVIDE  INPUT,  AS IT DEEMS NECESSARY, TO THE SUPERINTENDENT AND
THE BOARD ON MATTERS OF CONCERN TO THE CITY SCHOOL SUBDISTRICT.
  (G) EXAMINE THE ISSUES OF SPECIAL EDUCATION, ENGLISH LANGUAGE LEARNERS
AND THE HEALTH AND MENTAL HEALTH NEEDS OF THE DISTRICT.
  S 2591-G. APPOINTMENT OF  TEACHERS,  ADMINISTRATORS,  SUPERVISORS  AND
OTHER  EMPLOYEES.    1.  TEACHERS  AND ALL OTHER MEMBERS OF THE TEACHING
STAFF OF THE CITY DISTRICT SHALL BE APPOINTED BY THE  SUPERINTENDENT  OF
SCHOOLS  FOR  A  PROBATIONARY  PERIOD OF THREE YEARS, EXCEPT THAT IN THE
CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY  SERVICE  AS  A  REGULAR
SUBSTITUTE  FOR  A  PERIOD  OF TWO YEARS OR AS A SEASONALLY LICENSED PER
SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
ITY FOR A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH  THE  SAME
SUBJECT  IN  DAY  SCHOOLS  ON  AN ANNUAL SALARY, THE PROBATIONARY PERIOD
SHALL BE LIMITED TO ONE YEAR; PROVIDED, HOWEVER, THAT IN THE CASE  OF  A
TEACHER  WHO  HAS  BEEN  APPOINTED  ON TENURE IN ANOTHER SCHOOL DISTRICT
WITHIN THE STATE, THE SCHOOL DISTRICT WHERE  CURRENTLY  EMPLOYED,  OR  A
BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, AND WHO WAS NOT DISMISSED
FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT  PURSUANT  TO
SUBDIVISION  ONE OF SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER, THE
PROBATIONARY PERIOD SHALL NOT EXCEED TWO YEARS. THE SERVICE OF A  PERSON
APPOINTED  TO  ANY  OF  SUCH  POSITIONS  MAY BE DISCONTINUED AT ANY TIME
DURING SUCH PROBATIONARY PERIOD BY THE SUPERINTENDENT OF  SCHOOLS.  EACH
PERSON  WHO  IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE
SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS IN WRITING NOT  LATER  THAN
SIXTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION OF HIS OR HER PROBATION-
ARY PERIOD.  FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAP-

S. 5715                            11

TER  AND  BY  THE  REGULATIONS  OF  THE  COMMISSIONER SHALL BE CAUSE FOR
REMOVAL.
  2.  ADMINISTRATORS,  PRINCIPALS,  DIRECTORS, SUPERVISORS AND ALL OTHER
MEMBERS OF THE SUPERVISING STAFF SHALL BE APPOINTED BY  THE  SUPERINTEN-
DENT  FOR  A PROBATIONARY PERIOD OF THREE YEARS. SCHOOL PRINCIPALS SHALL
BE SELECTED PURSUANT TO A PUBLICLY-INCLUSIVE PROCESS  FOR  THE  RECRUIT-
MENT,  SCREENING  AND SELECTION OF CANDIDATES FOR PRINCIPAL DEVELOPED BY
THE SUPERINTENDENT AND APPROVED BY THE BOARD. THE SERVICE  OF  A  PERSON
APPOINTED  TO  ANY  OF  SUCH  POSITIONS  MAY BE DISCONTINUED AT ANY TIME
DURING THE PROBATIONARY PERIOD BY THE SUPERINTENDENT OF SCHOOLS.
  3. CLERKS, DRAFTSMEN, INSPECTORS, CHEMISTS, TABULATING MACHINE  OPERA-
TORS,  SECRETARIES,  STENOGRAPHERS,  COPYISTS,  STATISTICIANS, JANITORS,
CUSTODIANS, CUSTODIAN-ENGINEERS AND ALL OTHER  ADMINISTRATIVE  EMPLOYEES
OF  THE  CITY DISTRICT, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL
BE APPOINTED FOR A PROBATIONARY PERIOD PROVIDED IN THE CIVIL SERVICE LAW
AND REGULATIONS BASED THEREON. THE SERVICE OF A PERSON APPOINTED TO  ANY
OF  SUCH POSITIONS MAY BE DISCONTINUED BY THE SUPERINTENDENT AT ANY TIME
DURING SUCH PROBATIONARY PERIOD. SUCH PERSONS WHO HAVE SERVED  THE  FULL
PROBATIONARY  PERIOD  SHALL  HOLD THEIR RESPECTIVE POSITIONS DURING GOOD
BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT  BE  REMOVED
EXCEPT FOR CAUSE.
  4.  NO  PRINCIPAL, SUPERVISOR, DIRECTOR, OR TEACHER SHALL BE APPOINTED
TO THE TEACHING FORCE OF A CITY  WHO  DOES  NOT  POSSESS  QUALIFICATIONS
REQUIRED  UNDER THIS CHAPTER AND UNDER THE REGULATIONS PRESCRIBED BY THE
COMMISSIONER FOR THE PERSONS EMPLOYED IN SUCH POSITIONS IN  THE  SCHOOLS
OF  THE  CITIES OF THE STATE, BUT THE SUPERINTENDENT MAY PRESCRIBE ADDI-
TIONAL OR HIGHER QUALIFICATIONS FOR THE PERSONS EMPLOYED IN ANY OF  SUCH
POSITIONS.
  5.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, NO PERIOD IN
ANY SCHOOL YEAR FOR WHICH THERE IS NO REQUIRED SERVICE AND/OR FOR  WHICH
NO  COMPENSATION  IS  PROVIDED  SHALL IN ANY EVENT CONSTITUTE A BREAK OR
SUSPENSION OF PROBATIONARY PERIOD OR CONTINUITY OF TENURE RIGHTS OF  ANY
OF THE PERSONS DESCRIBED IN THIS SECTION.
  S  2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES. 1.
THE PRINCIPAL SHALL BE THE ADMINISTRATIVE AND  INSTRUCTIONAL  LEADER  OF
THE SCHOOL.
  2. THE SUPERINTENDENT SHALL APPOINT A PRINCIPAL PURSUANT TO A PROCESS,
WHICH  SHALL  BE APPROVED BY THE BOARD, THAT PROMOTES PARENTAL AND STAFF
INVOLVEMENT IN THE RECRUITMENT, SCREENING, INTERVIEWING AND  RECOMMENDA-
TION  OF CANDIDATES FOR SCHOOL PRINCIPAL. CANDIDATES MUST MEET THE LEGAL
AND REGULATORY REQUIREMENTS ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
ADMINISTRATIVE  QUALIFICATIONS, INCLUDING EVALUATION OF EACH CANDIDATE'S
RECORD OF PERFORMANCE IN COMPARABLE POSITIONS.
  3. SUBJECT TO THE  REGULATIONS  OF  THE  COMMISSIONER  AND  APPLICABLE
COLLECTIVE BARGAINING AGREEMENTS AND OBLIGATIONS, THE PRINCIPAL SHALL BE
RESPONSIBLE  FOR  THE DAY TO DAY OPERATION OF THE SCHOOL AND SHALL CARRY
OUT THE FOLLOWING DUTIES IN  CONSULTATION  WITH  PARENTS,  TEACHERS  AND
OTHER STAFF:
  (A)  PROMOTE  AN  EQUAL  EDUCATIONAL  OPPORTUNITY  FOR STUDENTS IN THE
SCHOOL,
  (B) (I) SURVEY THE ENVIRONMENT OF THE SCHOOL AND ITS SURROUNDINGS  AND
ISSUE AN ANNUAL REPORT THAT ASSESSES THE NEED FOR RESOURCES OR SERVICES,
SUCH  AS  INCREASING SAFETY, IMPROVING INFRASTRUCTURE, AND OTHER CHANGES
THAT COULD BE IMPLEMENTED TO IMPROVE OR ENHANCE THE QUALITY OF  LIFE  OF
THE NEIGHBORHOOD WHERE THE SCHOOL IS LOCATED.

S. 5715                            12

  (II)  IN  PREPARING  THE  REPORT,  THE PRINCIPAL SHALL, TO THE MAXIMUM
EXTENT AS  PRACTICABLE,  SEEK  AND  CONSIDER  COMMENTS  AND  INPUT  FROM
AFFECTED  STAKEHOLDERS, INCLUDING STUDENTS, TEACHERS, PARENTS, AND OTHER
INTERESTED COMMUNITY MEMBERS. THE PRINCIPAL SHALL SUBMIT THE REPORT  AND
RECOMMENDATIONS TO THE SUPERINTENDENT.
  (C)  MANAGE AND OPERATE THE SCHOOL BUILDING AND OTHER FACILITIES UNDER
HIS OR HER JURISDICTION.
  S 2591-I. BUDGETARY AND FISCAL PROCESSES. 1.  (A)  THE  SUPERINTENDENT
SHALL  PREPARE  ANNUALLY AN ITEMIZED ESTIMATE FOR THE CURRENT OR ENSUING
FISCAL YEAR OF SUCH SUM OF MONEY AS HE OR SHE MAY DEEM NECESSARY FOR THE
PURPOSES STATED IN THIS SECTION,  AFTER  CREDITING  THERETO  THE  AMOUNT
ANTICIPATED IN THE NEXT APPORTIONMENT OF SCHOOL FUNDS FROM THE STATE AND
THE  ESTIMATED AMOUNT TO BE RECEIVED FROM ALL OTHER SOURCES.  SUCH ESTI-
MATE SHALL BE FILED WITH THE BOARD OF DIRECTORS.
  (B) SUCH ESTIMATES SHALL BE FOR THE FOLLOWING PURPOSES:
  (I) THE SALARY OF THE SUPERINTENDENT OF SCHOOLS, ASSOCIATE OR  ASSIST-
ANT OR OTHER SUPERINTENDENTS, EXAMINERS, DIRECTORS, SUPERVISORS, PRINCI-
PALS,  TEACHERS,  LECTURERS,  SPECIAL  INSTRUCTORS,  MEDICAL INSPECTORS,
NURSES, ATTENDANCE OFFICERS, CLERKS, CUSTODIANS AND  JANITORS;  AND  THE
SALARY,  FEES  OR  COMPENSATION  OF  ALL  OTHER  EMPLOYEES  APPOINTED OR
EMPLOYED BY THE SUPERINTENDENT, INCLUDING STAFF ASSIGNED TO  THE  BOARD.
IN  ADDITION, THE EXPENSES OF PERSONNEL UTILIZED TO FULFILL THE INTERNAL
AUDIT FUNCTION PURSUANT TO SECTION TWENTY-ONE HUNDRED SIXTEEN-B OF  THIS
TITLE.
  (II) THE OTHER NECESSARY INCIDENTAL AND CONTINGENT EXPENSES, INCLUDING
ORDINARY  REPAIRS  TO  BUILDINGS  AND  THE  PURCHASE  OF FUEL AND LIGHT,
SUPPLIES, TEXTBOOKS, SCHOOL APPARATUS, BOOKS, FURNITURE AND FIXTURES AND
OTHER ARTICLES AND SERVICE NECESSARY FOR THE PROPER MAINTENANCE,  OPERA-
TION AND SUPPORT OF THE SCHOOLS, LIBRARIES AND OTHER EDUCATIONAL, SOCIAL
OR RECREATIONAL AFFAIRS AND INTERESTS OF THE CITY DISTRICT.
  (III)  THE  REMODELING  OR ENLARGING OF BUILDINGS REQUIRED BY THE CITY
DISTRICT, THE CONSTRUCTION OF NEW BUILDINGS FOR USES AUTHORIZED BY  THIS
CHAPTER  AND  THE FURNISHING AND EQUIPMENT THEREOF, THE PURCHASE OF REAL
PROPERTY FOR NEW SITES,  ADDITIONS  TO  PRESENT  SITES,  PLAYGROUNDS  OR
RECREATION CENTERS AND OTHER EDUCATIONAL OR SOCIAL PURPOSES, AND TO MEET
ANY  OTHER  INDEBTEDNESS  OR  LIABILITY INCURRED UNDER THE PROVISIONS OF
THIS CHAPTER OR OTHER STATUTES, OR ANY OTHER EXPENSES WHICH THE BOARD IS
AUTHORIZED TO INCUR. NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT THE
FINANCING, IN WHOLE OR IN PART, OF ANY EXPENDITURE  ENUMERATED  IN  THIS
SUBDIVISION PURSUANT TO THE LOCAL FINANCE LAW.
  2. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS:
  (I)  "CITY FUNDS" SHALL MEAN FUNDS OF THE CITY OF BUFFALO DERIVED FROM
ANY SOURCE EXCEPT FUNDS CONTAINED WITHIN THE CAPITAL BUDGET, FUNDS  FROM
COUNTY  SALES TAX REVENUES SHARED WITH SUCH CITY, FUNDS DERIVED FROM ANY
FEDERAL SOURCE AND FUNDS DERIVED FROM ANY STATE OR PRIVATE SOURCES  OVER
WHICH  THE  CITY  HAS  NO  DISCRETION,  AS DEFINED IN REGULATIONS OF THE
COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET.
  (II) "CITY AMOUNT" SHALL MEAN THE TOTAL AMOUNT OF EXPENDITURES  FUNDED
BY  CITY  FUNDS FOR THE SUPPORT OF THE CITY DISTRICT, NOT INCLUDING CITY
PAYMENTS TO BOND OR NOTE HOLDERS  FOR  DEBT  SERVICE  PAYMENTS  OF  SUCH
DISTRICT, AS CONTAINED WITHIN THE BUDGET AS ADOPTED BY SUCH CITY.
  (III) "BASE YEAR" SHALL MEAN THE FISCAL YEAR IMMEDIATELY PRECEDING THE
FISCAL  YEAR  FOR  WHICH  THE BUDGET REFERRED TO IN SUBPARAGRAPH (II) OF
THIS PARAGRAPH IS ADOPTED.  THE INITIAL BASE YEAR SHALL  BE  THE  FISCAL
YEAR ENDING JUNE THIRTIETH, TWO THOUSAND FIFTEEN.

S. 5715                            13

  (B)  THE  CITY AMOUNT SHALL NOT BE LESS THAN THE CITY AMOUNT APPROPRI-
ATED IN THE BASE YEAR DETERMINED AT THE TIME OF ADOPTION OF  THE  BUDGET
FOR  THE ENSUING FISCAL YEAR, AND SHALL NOT BE LESS THAN THE CITY AMOUNT
EXPENDED IN THE BASE YEAR DETERMINED AS OF THE END OF THE  SCHOOL  YEAR.
PROVIDED,  HOWEVER,  IN  THE EVENT THE TOTAL AMOUNT OF CITY FUNDS RELIED
UPON TO BALANCE SUCH BUDGET IS LOWER THAN THE TOTAL AMOUNT OF CITY FUNDS
APPROPRIATED IN THE BASE YEAR, AS DETERMINED AT THE TIME OF ADOPTION  OF
SUCH BUDGET, THE CITY AMOUNT MAY BE REDUCED BY UP TO THE SAME PERCENTAGE
AS  THE  OVERALL PERCENTAGE DECREASE IN CITY FUNDS BETWEEN THE BASE YEAR
AND THE ENSUING FISCAL YEAR. THE CITY SHALL NOT USE OR  SPEND  THE  CITY
AMOUNT  FOR  ANY  PURPOSES  OTHER  THAN  IN  DIRECT  SUPPORT OF THE CITY
DISTRICT.
  (C) THE SCHOOL DISTRICT AUDIT REPORT CERTIFIED TO  BY  AN  INDEPENDENT
CERTIFIED  PUBLIC  ACCOUNTANT  OR  AN INDEPENDENT ACCOUNTANT PURSUANT TO
SECTION TWENTY-ONE HUNDRED SIXTEEN-A OF THIS TITLE FOR THE TWO  THOUSAND
FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR BUDGET AND ANNUALLY THEREAFTER
SHALL INCLUDE A CERTIFICATION BY THE ACCOUNTANT, IN A FORM PRESCRIBED BY
THE  COMMISSIONER UPON APPROVAL OF THE DIRECTOR OF THE BUDGET, AS TO THE
CITY AMOUNT EXPENDED IN THE SCHOOL YEAR COVERED BY  SUCH  AUDIT  REPORT,
THE  CITY  AMOUNT  IN  THE  PRIOR  SCHOOL YEAR, AND THAT THE CITY AMOUNT
EXPENDED IN THE SCHOOL YEAR COVERED BY SUCH AUDIT REPORT IS  IN  COMPLI-
ANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
  3. THE SUPERINTENDENT MAY, TO MEET OR RESPOND TO EMERGENCIES WHICH MAY
ARISE,  SUBMIT  A  SPECIAL  ESTIMATE  IN  WHICH  ITEMS FOR EXTRAORDINARY
EXPENSES MAY BE SUBMITTED TO MEET SUCH EMERGENCIES. SUCH ESTIMATE  SHALL
CONTAIN  A  COMPLETE  STATEMENT  OF THE PURPOSES FOR WHICH THE ITEMS ARE
REQUESTED AND THE NECESSITY THEREFOR. THE SAME METHOD OF PROCEDURE SHALL
BE FOLLOWED IN SUBMITTING SUCH  ESTIMATE  AND  SUCH  ESTIMATE  SHALL  BE
SUBJECT  TO  THE  SAME  CONSIDERATION  AND  ACTION AS IS REQUIRED IN THE
SUBMISSION, CONSIDERATION AND ACTION UPON THE  REGULAR  ANNUAL  ESTIMATE
SUBMITTED  BY THE SUPERINTENDENT. THE COMMON COUNCIL SHALL HAVE POWER TO
MAKE THE APPROPRIATIONS REQUESTED BY THE SUPERINTENDENT IN SUCH  SPECIAL
ESTIMATE.
  4.  THE  BOARD  SHALL  NOT  INCUR A LIABILITY OR AN EXPENSE CHARGEABLE
AGAINST THE FUNDS UNDER ITS CONTROL OR  THE  CITY  FOR  ANY  PURPOSE  IN
EXCESS  OF  THE  AMOUNT  APPROPRIATED OR AVAILABLE THEREFOR OR OTHERWISE
AUTHORIZED BY LAW.
  S 2591-J. CUSTODY AND DISBURSEMENT OF FUNDS. 1. PUBLIC  MONEYS  APPOR-
TIONED TO THE CITY BY THE STATE AND ALL FUNDS RAISED OR COLLECTED BY THE
AUTHORITIES  IN  THE CITY FOR SCHOOL PURPOSES OR TO BE USED BY THE BOARD
FOR ANY PURPOSE AUTHORIZED IN THIS ARTICLE, OR ANY OTHER FUNDS BELONGING
TO THE  CITY  AND  RECEIVED  FROM  ANY  SOURCE  WHATSOEVER  FOR  SIMILAR
PURPOSES,  SHALL  BE  PAID  INTO  THE TREASURY OF SUCH CITY AND SHALL BE
CREDITED TO THE BOARD. THE FUNDS SO RECEIVED INTO SUCH TREASURY SHALL BE
KEPT SEPARATE AND DISTINCT FROM ANY OTHER FUNDS RECEIVED INTO  THE  SAID
TREASURY.  THE  OFFICER  HAVING THE CHARGE THEREOF SHALL GIVE SUCH ADDI-
TIONAL SECURITY FOR THE SAFE CUSTODY THEREOF AS THE  CORPORATE  AUTHORI-
TIES OF SUCH CITY SHALL REQUIRE.
  2.  SUCH FUNDS SHALL BE DISBURSED BY AUTHORITY OF THE BOARD UPON WRIT-
TEN ORDERS DRAWN ON THE CITY TREASURER OR OTHER FISCAL  OFFICER  OF  THE
CITY.  SUCH  ORDERS SHALL BE SIGNED BY THE SUPERINTENDENT OF SCHOOLS AND
THE CLAIMS AUDITOR. ORDERS SHALL BE  NUMBERED  CONSECUTIVELY  AND  SHALL
SPECIFY  THE  PURPOSE  FOR WHICH THEY ARE DRAWN AND THE PERSON OR CORPO-
RATION TO WHOM THEY ARE PAYABLE. THE CLAIMS AUDITOR  SHALL  ENSURE  THAT
ORDERS  COMPLY  WITH THE APPROPRIATE POLICIES AND PROCEDURES OF THE CITY
SCHOOL DISTRICT PRIOR  TO  APPROVAL  FOR  PAYMENT,  INCLUDING  WITH  THE

S. 5715                            14

PROCUREMENT  POLICY  PROPOSED  BY THE SUPERINTENDENT PURSUANT TO SECTION
TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE  AND  APPROVED  BY  THE
BOARD PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTI-
CLE.  CLAIMS  AGAINST THE CITY SCHOOL DISTRICT SHALL NOT BE PAID WITHOUT
PRIOR AUDIT AND APPROVAL BY THE CLAIMS AUDITOR.
  3. FIXED SALARIES, PRINCIPAL  OF  AND  INTEREST  ON  INDEBTEDNESS  AND
AMOUNTS  BECOMING  DUE  UPON  LAWFUL CONTRACTS FOR PERIODS EXCEEDING ONE
YEAR MAY BE DISBURSED WITHOUT PRIOR AUDIT OF THE  BOARD  OR  THE  CLAIMS
AUDITOR.  BY  RESOLUTION  DULY ADOPTED, THE BOARD MAY DETERMINE TO ENTER
INTO A CONTRACT TO PROVIDE FOR THE DEPOSIT OF THE  PERIODIC  PAYROLL  OF
THE  SCHOOL  DISTRICT  IN A BANK OR TRUST COMPANY FOR DISBURSAL BY IT IN
ACCORDANCE WITH PROVISIONS OF SECTION NINETY-SIX-B OF THE BANKING LAW.
  4. IT SHALL BE UNLAWFUL FOR A CITY TREASURER OR OTHER  OFFICER  HAVING
THE CUSTODY OF SUCH CITY FUNDS TO PERMIT THEIR USE FOR ANY PURPOSE OTHER
THAN THAT FOR WHICH THEY ARE LAWFULLY AUTHORIZED; THEY SHALL BE PAID OUT
ONLY  ON  AUDIT  OF  THE CLAIMS AUDITOR OR AS OTHERWISE PROVIDED BY LAW.
PAYMENTS FROM SUCH FUNDS SHALL BE MADE ONLY  BY  CHECKS  SIGNED  BY  THE
TREASURER OR OTHER CUSTODIAN OF SUCH MONEYS AND PAYABLE TO THE PERSON OR
PERSONS  ENTITLED  THERETO AND COUNTERSIGNED BY AN OFFICER DESIGNATED BY
THE OFFICER OR BODY HAVING THE GENERAL CONTROL OF THE FINANCIAL  AFFAIRS
OF  SUCH CITY.  THE BOARD SHALL MAKE, IN ADDITION TO SUCH CLASSIFICATION
OF ITS FUNDS AND ACCOUNTS AS IT DESIRES FOR ITS OWN USE AND INFORMATION,
SUCH FURTHER CLASSIFICATION  OF  THE  FUNDS  UNDER  ITS  MANAGEMENT  AND
CONTROL  AND  OF THE DISBURSEMENTS THEREOF AS THE OFFICER OR BODY HAVING
THE GENERAL CONTROL  OF  THE  FINANCIAL  AFFAIRS  OF  SUCH  CITY,  SHALL
REQUIRE,  AND  SUCH  BOARD  SHALL  FURNISH SUCH DATA IN RELATION TO SUCH
FUNDS AND THEIR DISBURSEMENTS AS THE FINANCIAL OFFICER OR  BODY  OF  THE
CITY SHALL REQUIRE.
  S  3.  Section 2552 of the education law, as amended by chapter 138 of
the laws of 1974, is amended to read as follows:
  S 2552. Board of education.  The board of education of each such  city
school  district  is  hereby  continued. The educational affairs in each
such city school district shall be  under  the  general  management  and
control  of  a  board of education to consist of not less than three and
not more than nine members, to be chosen as hereinafter provided, and to
be known as members of the board of education, except that the board  of
education  of  the city school district of the city of New York shall be
constituted as provided in article fifty-two-A of this [chapter]  TITLE,
AND  EXCEPT  FURTHER  THAT  THE  BOARD  OF  EDUCATION OF THE CITY SCHOOL
DISTRICT OF THE CITY OF BUFFALO SHALL  BE  CONSTITUTED  AS  PROVIDED  IN
ARTICLE  FIFTY-TWO-B  OF THIS TITLE.  The number of members on the board
of education of each such city school district shall continue to  be  as
follows:
  a. [City school district of the city of Buffalo: nine members.
  b.] City school district of the city of Rochester: seven members.
  [c.] B. City school district of the city of Syracuse: seven members.
  [d.] C. City school district of the city of Yonkers: nine members.
  S 4. Subdivisions 1, 2, 4, 5, 6 and 8 of section 2553 of the education
law,  subdivision 1 as separately amended by chapters 211 and 441 of the
laws of 1980, subdivisions 2, 4 and 5 as added by  chapter  242  of  the
laws  of  1974,  subdivision  6 as amended by chapter 211 of the laws of
1980 and subdivision 8 as amended by chapter 762 of the laws of 1950 and
as renumbered by chapter 330 of the laws of 1969, are amended to read as
follows:
  1. No person shall be eligible to the office of member of a  board  of
education  who  is not a citizen of the United States, who is not quali-

S. 5715                            15

fied to register for or vote at  an  election  in  accordance  with  the
provisions of section 5-106 of the election law, and who, in the case of
the city school district of the city of Yonkers, has not been a resident
of  the  city school district for which he OR SHE is chosen for a period
of at least three years immediately preceding the date  of  his  OR  HER
election  or  appointment  and  who,  [in  the  case  of the city school
district of the city of Buffalo, in the case of a member to  be  elected
at  large  is not a qualified voter of such city school district and who
has not been a resident of such district for a period of at least  three
years  immediately preceding the date of his election and in the case of
a member elected from a city school subdistrict is not a qualified voter
of such city school subdistrict and has not been a resident of the  city
school  district  for  three  years  and  a  resident of the city school
subdistrict which he represents or seeks to represent for  a  period  of
one  year  immediately  preceding the date of his election, and who,] in
the case of the city school district of the city of Rochester, is not  a
qualified  voter  under  section  5-102 of the election law of such city
school district; and who in the case of the city school district of  the
city  of  Syracuse has not been a qualified voter under section 5-102 of
the election law of such city school district for at least  ninety  days
immediately preceding the date of his OR HER election or appointment.
  2.  In  the city school districts of the cities of Rochester and Syra-
cuse the members of such board of  education  shall  be  chosen  by  the
voters  at  large at either a general or municipal election, or at both.
[In the city school district of the city of Buffalo the members of  such
board  of education shall be chosen pursuant to the provisions of subdi-
vision ten of this section.]
  4. In the city school districts of the following cities, the terms  of
such members shall be as follows:
  a. Rochester: Four Years;
  b. Syracuse: Four Years;
  c. Yonkers: Five Years.
  5.  The terms of one-fifth of all the members of a board of education,
or of a fraction as close to one-fifth thereof as possible, shall expire
annually on the  first  Tuesday  in  May,  except  in  the  city  school
districts of the cities of [Buffalo,] Rochester and Syracuse.
  6.  If a vacancy occurs other than by expiration of term in the office
of a member of a board of education in a district in which such  members
are  elected  at  a general or municipal election, such vacancy shall be
filled by appointment by the mayor until the next general  or  municipal
election is held, and such vacancy shall then be filled at such election
for  the  unexpired portion of such term, except that in the city school
district of the city of Rochester  any  such  vacancy  shall  be  filled
pursuant  to  the  provisions  of  subdivision nine of this section [and
except further that any such vacancy on the board of  education  of  the
city  school district of the city of Buffalo shall be filled pursuant to
the provisions of subdivision ten of this section].
  8. A member of a board of education who publicly declares that  he  OR
SHE  will  not  accept or serve in the office of member of such board of
education, or refuses or neglects to attend three successive meetings of
such board, of which he OR SHE is duly  notified,  without  rendering  a
good  and  valid  excuse  therefor to the other members of such board of
education, vacates his OR HER office by refusal to serve.
  S 5. Subdivision 10 of section 2553 of the education law is REPEALED.

S. 5715                            16

  S 6. The opening paragraph of section 2554 of the  education  law,  as
amended  by  chapter  91  of  the  laws  of  2002, is amended to read as
follows:
  Subject to the provisions of this chapter, the board of education in a
city,  except  the  city  board of the city of New York AND THE BOARD OF
EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, shall have
the power and it shall be its duty:
  S 7. Subdivision 2 of section 2554 of the education law, as amended by
chapter 27 of the laws of 2012, is amended to read as follows:
  2. To create, abolish, maintain and consolidate such positions,  divi-
sions,  boards  or bureaus as, in its judgment, may be necessary for the
proper and efficient administration of its work;  to  appoint  a  super-
intendent  of  schools,  such  associate,  assistant, district and other
superintendents, examiners, directors, supervisors,  principals,  teach-
ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
tors, attendance officers, secretaries, clerks, custodians, janitors and
other employees and other persons or experts in educational,  social  or
recreational  work  or  in  the  business management or direction of its
affairs as said  board  shall  determine  necessary  for  the  efficient
management  of  the  schools and other educational, social, recreational
and business activities; provided, however,  that  in  the  city  school
[districts]  DISTRICT of the [cities] CITY of [Buffalo,] Rochester[, and
Syracuse] appointment of associate, assistant and  district  superinten-
dents,  and  other  supervising staff who are excluded from the right to
bargain collectively pursuant to article fourteen of the  civil  service
law  shall,  within  the  amounts budgeted for such positions, be by the
superintendent of such city school  district;  and  to  determine  their
duties except as otherwise provided herein.
  S  8. Subdivision 2-a of section 2554 of the education law, as amended
by section 16 of subpart F of part C of chapter 97 of the laws of  2011,
is amended to read as follows:
  2-a.  a.  In  its  discretion  to  adopt a resolution establishing the
office of claims auditor and appoint a claims auditor who shall hold his
or her position subject to the pleasure of the board. In its discretion,
the board may adopt a resolution establishing one  or  more  offices  of
deputy  claims auditor who shall act as claims auditor in the absence of
the claims auditor. Such claims auditor shall  report  directly  to  the
board  of  education. No person shall be eligible for appointment to the
office of claims auditor or deputy claims auditor who shall be
  (1) a member of the board of education;
  (2) a clerk or treasurer of the board of education;
  (3) the superintendent of schools or other official  of  the  district
responsible for business management;
  (4) the person designated as purchasing agent; or
  (5) clerical or professional personnel directly involved in accounting
and purchasing functions of the school district.
  b.  The  positions of claims auditor or deputy claims auditor shall be
classified in the exempt class of civil service. The board of education,
at any time after the establishment of the office of claims  auditor  or
deputy  claims  auditor,  may  adopt a resolution abolishing the office;
PROVIDED, HOWEVER, THAT THE  BOARD  OF  EDUCATION  OF  THE  CITY  SCHOOL
DISTRICT OF THE CITY OF BUFFALO SHALL NOT ABOLISH SUCH OFFICE.  When the
office  of claims auditor shall have been established and a claims audi-
tor shall have been appointed and shall have qualified, the  powers  and
duties  of  the  board  of  education with respect to auditing accounts,
charges, claims or  demands  against  the  city  school  district  shall

S. 5715                            17

devolve  upon and thereafter be exercised by such claims auditor, during
the continuance of the office. The board of education shall be permitted
to delegate the claims audit function to one or more  independent  enti-
ties  by  using (1) inter-municipal cooperative agreements, or (2) inde-
pendent contractors, to fulfill this function.
  c. When the board of education delegates  the  claims  audit  function
using  an  inter-municipal cooperative agreement, shared service author-
ized by section nineteen hundred fifty of this title, or an  independent
contractor,  the  board shall be responsible for auditing all claims for
services from the entity providing the delegated claims auditor,  either
directly or through a delegation to a different independent entity.
  S 9. Subdivision 1 of section 2563 of the education law, as amended by
chapter 228 of the laws of 1971, is amended to read as follows:
  1.  The  annual  meeting  of a board of education shall be held on the
second Tuesday in May, at four o'clock in the afternoon, at which  meet-
ing the board shall select a president for the ensuing year, except that
the  annual  meeting  of  the  board  of  education  of  the city school
[district] DISTRICTS of the [city] CITIES of New York AND BUFFALO  shall
be held on the first Tuesday in July.
  S  10.  Subdivision 6 of section 2566 of the education law, as amended
by chapter 27 of the laws of 2012, is amended to read as follows:
  6. To have supervision and direction of associate, assistant, district
and other superintendents, directors, supervisors, principals, teachers,
lecturers, medical inspectors, nurses, claims  auditors,  deputy  claims
auditors,  attendance  officers,  janitors and other persons employed in
the management of the schools or the other educational activities of the
city authorized by this chapter and under the direction  and  management
of  the  board of education, except that in the city school districts of
the cities of [Buffalo,] Rochester[,]  and  Syracuse  to  also  appoint,
within  the  amounts  budgeted  therefor,  such associate, assistant and
district  superintendents  and  all  other  supervising  staff  who  are
excluded  from  the  right  to  bargain collectively pursuant to article
fourteen of the civil service law; to transfer teachers from one  school
to another, or from one grade of the course of study to another grade in
such  course, and to report immediately such transfers to said board for
its consideration and action; to  report  to  said  board  of  education
violations  of  regulations and cases of insubordination, and to suspend
an associate, assistant, district  or  other  superintendent,  director,
supervisor,  expert, principal, teacher or other employee until the next
regular meeting of the board, when all facts relating to the case  shall
be submitted to the board for its consideration and action.
  S  11.  Subdivision 3 of section 2573 of the education law, as amended
by chapter 27 of the laws of 2012, is amended to read as follows:
  3.  Associate  superintendents,  examiners  and  all  other  employees
authorized  by  section  twenty-five hundred fifty-four of this article,
except as otherwise provided in subdivision one of this  section,  shall
be  appointed  by  the board of education except that in the city school
districts of the cities of [Buffalo,]  Rochester[,]  and  Syracuse,  the
associate,  assistant  and district superintendents and all other super-
vising staff who are excluded from the  right  to  bargain  collectively
pursuant  to  article  fourteen  of  the  civil  service  law  shall  be
appointed, within amounts budgeted therefor, by  the  superintendent  of
such  city school district. In a city having a population of one million
or more, such appointments shall be made on  nomination  of  the  super-
intendent  of schools. Notwithstanding any other provision in this chap-
ter to the contrary, whenever an associate superintendent of schools  in

S. 5715                            18

the  employ  of  the board of education in a city having a population of
one million or more fails of reappointment, said person shall  be  imme-
diately  appointed an assistant superintendent of schools with permanent
appointment  as  said  term permanent appointment is defined in subdivi-
sions four, five and six of this section. The salary of  such  assistant
superintendent shall be less than the salary of an associate superinten-
dent, but said differential in salary shall not exceed ten per centum of
the  annual  salary  of  an associate superintendent of schools.   When,
however, an associate superintendent of schools who fails of  reappoint-
ment  has  to  his  OR  HER  credit thirty or more years of city service
including ten or more years of service as such associate  superintendent
of  schools, he OR SHE shall suffer no reduction of salary or of pension
prospects while serving as such assistant superintendent of schools.
  S 12. Subdivision 4 of section 2576 of the education law is REPEALED.
  S 13. The terms of office of the members of the board of education  of
the  city  of  Buffalo shall expire two years after the date of appoint-
ment.  As of the effective date of this section the mayor of the city of
Buffalo shall appoint a board of education for such city school district
pursuant to section 2591-c of the education law as added by section  two
of  this act.  The mayor shall appoint nine members for a two-year term.
The members of the board of education established  pursuant  to  section
2591-c  of  the  education law as added by section two of this act shall
take office as of the effective date of this section.
  S 14.   Notwithstanding any provisions of law  to  the  contrary,  the
board  of  education  of the city school district of the city of Buffalo
and the city school district of the  city  of  Buffalo,  as  established
pursuant to article 52 of the education law, are prohibited from re-neg-
otiating  or  otherwise amending any collective bargaining agreements or
other contracts that expire or end on a date after the board  of  educa-
tion, as established pursuant to section 2591-c of the education law, as
added  by section two of this act, takes office. With respect to collec-
tive bargaining agreements that expire or end prior to the date that the
board of education, as established pursuant to  section  2591-c  of  the
education  law,  as  added by section two of this act, takes office, the
board of education or such city school district may only  negotiate  and
enter  into  a new contract for a period that ends on December 31, 2016.
With respect to contracts, other than collective bargaining  agreements,
that  expire  or  end  prior to the date that the board of education, as
established pursuant to section 2591-c of the education law, as added by
section two of this act, takes office, or are  entered  into  after  the
effective  date  of this act, the board of education or such city school
district may only negotiate and enter into a new contract for  a  period
that  ends  sixty  days  after  the date that the board of education, as
established pursuant to section 2591-c of the education law, as added by
section two of this act, takes office.
  S 15. The provisions of article 52 of the education law shall continue
to apply to the city school district of the city of  Buffalo,  provided,
however,  that where any of the provisions of article 52-B of the educa-
tion law are inconsistent with the  provisions  of  article  52  of  the
education  law  pertaining  to  governance of the city of Buffalo school
district, the provisions of article 52 of the  education  law  shall  be
superseded and the provisions of article 52-B of the education law shall
apply.
  S  16.  Severability.   If any clause, sentence, paragraph, section or
part of this act shall be adjudged by any court of  competent  jurisdic-
tion  to be invalid and after exhaustion of all further judicial review,

S. 5715                            19

the judgment shall not affect, impair or invalidate the remainder there-
of, but shall be confined in its  operation  to  the  clause,  sentence,
paragraph,  section or part of this act directly involved in the contro-
versy in which the judgment shall have been rendered.
  S  17. This act shall take effect immediately; provided, however, that
the amendments to the opening paragraph of section 2554 of the education
law made by section six of this act shall not affect the  expiration  of
such  paragraph  and  shall  expire  on  the same date as such paragraph
expires pursuant to section 34 of chapter 91 of the  laws  of  2002,  as
amended,  or  expire  and  be  deemed  repealed July 31, 2017, whichever
occurs first; provided further that sections two,  three,  four,  seven,
nine,  ten,  eleven,  twelve and fifteen of this act shall expire and be
deemed repealed July 31, 2017.