Bill Text: NY A02569 | 2019-2020 | General Assembly | Introduced
Bill Title: Provides for mayoral control of the city school district of Rochester; establishes the independent education budget office.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-07-14 - enacting clause stricken [A02569 Detail]
Download: New_York-2019-A02569-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2569 2019-2020 Regular Sessions IN ASSEMBLY January 23, 2019 ___________ Introduced by M. of A. GANTT -- read once and referred 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 Rochester; to amend the Rochester city charter, in relation to an independent budget office; and provid- ing 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: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "city of Rochester school district governance reform act". 3 § 2. The education law is amended by adding a new article 52-B to read 4 as follows: 5 ARTICLE 52-B 6 CITY OF ROCHESTER SCHOOL DISTRICT SYSTEM 7 Section 2591-a. Application of article. 8 2591-b. Definitions. 9 2591-c. Board of education; composition; establishment of city- 10 wide councils on special education and English 11 language learners. 12 2591-d. Board of education; powers and duties. 13 2591-e. Superintendent of schools; appointment; powers and 14 duties. 15 2591-f. Community schools advisory councils; composition; powers 16 and duties. 17 2591-g. Appointment of teachers, administrators, supervisors and 18 other employees. 19 2591-h. School principals; selection process; powers and duties. 20 2591-i. Budgetary and fiscal processes. 21 2591-j. Custody and disbursement of funds. 22 § 2591-a. Application of article. This article shall apply to the city 23 school district of the city of Rochester. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06336-01-9A. 2569 2 1 § 2591-b. Definitions. As used in this article, the following terms 2 shall mean: 3 1. Board of education. The term "board of education" or "board" shall 4 mean the board of education of the city school district of the city of 5 Rochester, established pursuant to section twenty-five hundred ninety- 6 one-c of this article. 7 2. City. The term "city" shall mean the city of Rochester. 8 3. City district. The term "city district" shall mean the city school 9 district of the city of Rochester. 10 4. Claims auditor or office of claims auditor. The term "claims audi- 11 tor" or "office of claims auditor" shall mean the office established 12 pursuant to subdivision two-a of section twenty-five hundred fifty-four 13 of this title. 14 5. Common council. The term "common council" shall mean the common 15 council of the city of Rochester. 16 6. Commissioner. The term "commissioner" shall mean the commissioner 17 of the state education department. 18 7. Council district. The term "council district" shall mean the four 19 districts into which the city of Rochester is divided pursuant to the 20 charter of such city for the purposes of electing district council 21 members. 22 8. Community schools advisory council. The term "community schools 23 advisory council" or "advisory council" shall mean the advisory council 24 established pursuant to section twenty-five hundred ninety-one-f of this 25 article. 26 9. Mayor. The term "mayor" shall mean the mayor of the city of Roches- 27 ter. 28 10. RSC board. The term "RSC board" shall mean the joint schools 29 construction board of the city and the city school district established 30 pursuant to chapter four hundred sixteen of the laws of two thousand 31 seven. 32 11. Superintendent or superintendent of schools. The term "superinten- 33 dent" or "superintendent of schools" shall mean the superintendent of 34 the city school district of the city of Rochester. 35 § 2591-c. Board of education; composition; establishment of city-wide 36 councils on special education and English language learners. 1. The 37 board of education of the city of Rochester is hereby continued. Such 38 board may be commonly known and referred to as the education commission 39 of the city of Rochester. 40 2. The board shall consist of nine members, as follows: 41 (a) one member from each of the four council districts of the city, 42 appointed by the common council, who shall be a resident of the council 43 district; 44 (b) five members, appointed by the mayor, who shall be residents of 45 the city; 46 (c) all members shall possess extensive educational, business or trade 47 experience and knowledge, and make a significant contribution to improv- 48 ing the education of the students of the city district. 49 3. All members shall serve three year terms. The terms of office 50 shall be staggered pursuant to section thirteen of the chapter of the 51 laws of two thousand nineteen that added this article. A member may be 52 removed from office by the appointing authority during his or her term 53 for good cause shown, after notice and opportunity to be heard. A 54 member who refuses or fails to attend three successive meetings of such 55 board vacates his or her office by refusal to serve. Any vacancy shall 56 be filled by the appointing authority within thirty days of the vacancy.A. 2569 3 1 4. Members shall not be paid a salary or stipend, but shall be reim- 2 bursed for all actual and necessary expenses directly related to the 3 duties and responsibilities of the board. The mayor shall assign appro- 4 priate staff and offices to the members of the board. 5 5. (a) No person shall be eligible for the office of member of the 6 board who is not a qualified voter under section 5-102 of the election 7 law of such city school district. No person shall hold at the same time 8 the office of member of the board and any other elective office nor 9 shall such person be a candidate for any other elective office at the 10 same time he or she is a member of the board. 11 (b) No appointed member of the board shall be employed by the city or 12 the city district or shall be a member of any public corporation, 13 authority, commission or entity in which the mayor has a majority of 14 appointments including the Rochester joint schools construction board 15 established pursuant to chapter four hundred sixteen of the laws of two 16 thousand seven. 17 6. The board shall hold at least one regular public meeting per month. 18 At least one regular public meeting shall be held in each of the council 19 districts per year. The board shall consider appropriate public accommo- 20 dations when selecting a venue so as to maximize participation by 21 parents and the community. Notice of the time, place and agenda for all 22 board regular public meetings shall be publicly provided, including via 23 the board's official internet web site, at least ten business days in 24 advance of such meeting. 25 7. All members shall be required to prepare and file financial disclo- 26 sure statements pursuant to the charter of the city of Rochester. 27 8. (a) There shall be a city-wide council on special education created 28 pursuant to this section. The city-wide council on special education 29 shall consist of four members, one from each council district, selected 30 by the board of education in accordance with this paragraph. Each commu- 31 nity schools advisory council shall submit a list of nominees to the 32 board of education for consideration and the board shall select one 33 person from each such submitted list to serve on the city-wide council 34 on special education. Members of the city-wide council on special educa- 35 tion shall serve a two year term. Vacancies shall be filled by the board 36 of education for an unexpired term in accordance with the selection 37 process established by this paragraph. 38 (b) The board of education shall select individuals with extensive 39 experience and knowledge in the education of individuals with disabili- 40 ties who will make a significant contribution to improving special 41 education in the city district, including parents of students with indi- 42 vidualized education programs. 43 (c) The city-wide council on special education shall have the power 44 to: 45 (i) advise and comment on any educational or instructional policy 46 involving the provision of services for students with disabilities; 47 (ii) advise and comment on the process of establishing committees 48 and/or subcommittees on special education in the city district pursuant 49 to section forty-four hundred two of this chapter; 50 (iii) issue an annual report on the effectiveness of the city district 51 in providing services to students with disabilities and make recommenda- 52 tions, as appropriate, on how to improve the efficiency and delivery of 53 such services; and 54 (iv) hold regular meetings open to the public, during which the public 55 may discuss issues facing students with disabilities.A. 2569 4 1 9. (a) There shall be a city-wide council on English language learners 2 created pursuant to this section. The city-wide council on English 3 language learners shall consist of four members, one from each council 4 district, selected by the board of education in accordance with this 5 paragraph. Each community schools advisory council shall submit a list 6 of nominees to the board of education for consideration and the board 7 shall select one person from each such submitted list to serve on the 8 city-wide council on English language learners. Members of the city-wide 9 council on English language learners shall serve a two year term. Vacan- 10 cies shall be filled by the board of education for an unexpired term in 11 accordance with the selection process established by this paragraph. 12 (b) The board of education shall select individuals with extensive 13 experience and knowledge in the education of English language learners 14 who will make a significant contribution to improving bilingual and 15 English as a second language programs in the city district, including 16 parents of students who receive such services. 17 (c) The city-wide council on English language learners shall have the 18 power to: 19 (i) advise and comment on any educational or instructional policy 20 involving bilingual or English as a second language programs; 21 (ii) issue an annual report on the effectiveness of the city district 22 in providing services to English language learners and make recommenda- 23 tions, as appropriate, on how to improve the efficiency and delivery of 24 such services; and 25 (iii) hold regular meetings open to the public, during which the 26 public may discuss issues facing English language learners. 27 § 2591-d. Board of education; powers and duties. 1. The board shall 28 advise the superintendent on matters of policy affecting the welfare of 29 the city school district and its pupils. The board shall exercise no 30 executive power and perform no executive or administrative functions. 31 2. The board shall perform any duty imposed upon boards of education 32 or trustees of common schools under this chapter or other statutes, or 33 the rules of the regents and regulations of the commissioner so far as 34 they may be applicable to the school or other educational affairs of a 35 city, and not inconsistent with the provisions of this article. 36 3. Except as otherwise provided in this article, the board shall for 37 all purposes be the government or public employer of all persons 38 appointed or assigned to work for the city district. 39 4. The board shall also have the power and duty to: 40 (a) approve standards, policies, and objectives proposed by the super- 41 intendent directly related to educational achievement and student 42 performance; 43 (b) approve any other standards, policies, and objectives as specif- 44 ically authorized or required by federal or state law or regulation; 45 (c) approve a protocol developed by the superintendent relating to 46 school closures pursuant to section twenty-five hundred ninety-one-e of 47 this article; 48 (d) approve a procurement policy developed by the superintendent 49 pursuant to section twenty-five hundred ninety-one-e of this article; 50 (e) approve the purchase of such apparatus, maps, globes, books, 51 furniture and other equipment and supplies as may be necessary for the 52 proper and efficient management of the schools and other educational, 53 social and recreational activities and programs in the city district; 54 (f) approve a plan developed by the superintendent to ensure that all 55 instructional materials to be used in the schools of the district are 56 available in a usable alternative format for each student with a disa-A. 2569 5 1 bility, as defined in section forty-four hundred one of this chapter, 2 and for each student who is a qualified individual with a disability as 3 defined in the rehabilitation act of nineteen hundred ninety-three (29 4 U.S.C. 701), as amended, in accordance with his or her educational needs 5 and course selection, at the same time as such instructional materials 6 are available to non-disabled students. As part of such plan, the super- 7 intendent shall amend the city district's procurement policies to give a 8 preference in the purchase of instructional materials to vendors who 9 agree to provide materials in alternative formats. For purposes of this 10 subdivision, "alternative format" shall mean any medium or format for 11 the presentation of instructional materials, other than a traditional 12 print textbook, that is needed as an accommodation for a disabled 13 student enrolled in the school district, including but not limited to 14 Braille, large print, open and closed captioned, audio, or an electronic 15 file in an approved format, as defined in the regulations of the commis- 16 sioner. When an electronic file is provided, the plan shall specify how 17 the format will be accessed by students and/or how the district shall 18 convert to an accessible format. Such plan shall identify the needs of 19 students residing in the district for alternative format materials. Such 20 plan shall also specify ordering timelines to ensure that alternative 21 format materials are available at the same time as regular format mate- 22 rials. Such plans shall include procedures to address the need to 23 obtain materials in alternative format without delay for disabled 24 students who move into the school district during the school year; 25 (g) approve the establishment of such free elementary schools, high 26 schools, training schools, vocational and industrial schools, kindergar- 27 tens, nursery schools, technical schools, night schools, part-time or 28 continuation schools, vocation schools, schools for adults, schools for 29 physically or mentally handicapped or delinquent children or such other 30 schools or classes as the superintendent shall deem necessary to meet 31 the needs and demands of the city; 32 (h) authorize the general courses of study which shall be given in the 33 schools and to approve the content of such courses before they become 34 operative; 35 (i) authorize and approve the textbooks to be used in the schools 36 under its jurisdiction; 37 (j) perform such other duties and possess such other powers as may be 38 required to administer the affairs placed under its control and manage- 39 ment, to execute all powers vested in it, and to promote the best inter- 40 ests of the schools and other activities committed to its care; 41 (k) approve transportation, home-teaching or special classes, as 42 defined under sections forty-four hundred one and forty-four hundred two 43 of this chapter for physically or mentally handicapped and delinquent 44 children. Such transportation, home-teaching or special classes, when 45 provided pursuant to this subdivision, shall be granted to all such 46 children irrespective of the school they legally attend; 47 (l) approve any contract proposed by the superintendent for the trans- 48 portation of children to and from any school or institution of learning 49 whenever in the judgment of the superintendent such transportation is 50 required because of the remoteness of the school to the pupil or for the 51 promotion of the best interests of such children. Any such contract may 52 be made for a period not exceeding five years, notwithstanding any 53 provision of state or local law; 54 (m) approve, outside the territorial limits of the city district but 55 within the state or within an adjoining state, the provision of educa- 56 tion for children resident within the city district whenever in theA. 2569 6 1 judgment of the board, approved by the commissioner, the health or 2 welfare of such children makes such provision necessary or desirable, 3 and the average daily attendance of such pupils shall be included in the 4 average daily attendance of such district as certified to the commis- 5 sioner in the report of the board; 6 (n) approve the process developed by the superintendent for the 7 recruitment, screening and selection of candidates for school princi- 8 pals; and 9 (o) approve the processes developed by the superintendent for the 10 selection of members to the community schools advisory councils pursuant 11 to section twenty-five hundred ninety-one-f of this article. 12 5. The board shall adopt a policy proposed by the superintendent that 13 promotes the recruitment and retention of a workforce at the city 14 district that considers the diversity of the students attending the 15 public schools within the city district. The board shall review at a 16 regular public meeting an annual report issued by the superintendent 17 outlining the initiatives taken to enhance diversity and equity in 18 recruitment and retention and the impacts of such initiatives to the 19 city workforce. 20 § 2591-e. Superintendent of schools; appointment; powers and duties. 21 1. The superintendent of schools shall serve at the pleasure of and be 22 employed by the mayor, subject to the confirmation of the common coun- 23 cil. The superintendent shall receive a salary to be fixed by the mayor 24 within the budgetary allocation therefor. The superintendent may be 25 removed by the mayor without prior approval of the common council. 26 2. The superintendent shall have the following powers and duties: 27 (a) To be the chief executive officer of the city district, and shall 28 be a non-voting ex officio member of the board. 29 (b) Control and operate all pre-kindergarten, elementary, secondary 30 and special education schools, programs and services under the jurisdic- 31 tion of the city district. 32 (c) Promulgate minimum clear educational standards, curriculum 33 requirements and frameworks and mandatory educational objectives appli- 34 cable to all schools and programs throughout the city district, and 35 examine and evaluate periodically all such schools and programs with 36 respect to: 37 (i) compliance with such educational standards and other requirements, 38 and 39 (ii) the educational effectiveness of such schools and programs, in a 40 manner not inconsistent with the policies of the board. 41 (d) Prepare the content of each course of study authorized by the 42 board. The content of each such course shall be submitted to the board 43 for its approval and, when approved, the superintendent shall cause such 44 courses of study to be used in the grades, classes and schools for which 45 they are authorized. 46 (e) Prepare and file a budget estimate with the mayor for the city 47 district pursuant to section twenty-five hundred ninety-one-i of this 48 article. 49 (f) Recommend suitable lists of textbooks to be used in the schools. 50 (g) Promulgate policies establishing educational, managerial, and 51 administrative qualifications, performance record criteria, and perform- 52 ance standards for the positions of principal. 53 (h) Establish, subject to the approval of the board, a publicly inclu- 54 sive process for the recruitment, screening and selection of candidates 55 for school principals.A. 2569 7 1 (i) Appoint and have supervision and direction of associate, assist- 2 ant, and other superintendents, directors, supervisors, principals, 3 teachers, attendance officers, janitors and other persons employed in 4 the management of the schools or the other educational activities of the 5 city authorized by this article. 6 (j) Transfer teachers from one school to another, or from one grade of 7 the course of study to another grade in such course, and to suspend an 8 associate, assistant or other superintendent, director, supervisor, 9 principal, teacher or other employee until such time when all facts 10 relating to the case shall be submitted to the board for its consider- 11 ation and action. 12 (k) Have supervision and direction over the enforcement and observance 13 of the courses of study, the examination and promotion of pupils, and 14 over all other matters pertaining to playgrounds, medical inspection, 15 recreation and social center work, libraries, lectures and all other 16 educational activities and interest under the management, direction and 17 control of the board. 18 (l) Promote the involvement and appropriate input of all members of 19 the school community, including parents, teachers, and other school 20 personnel, including, establishing a parents' association or a parent- 21 teachers' association in each school in the city district. 22 (m) Create standards, policies and objectives directly related to 23 maintaining the internal fiscal integrity of administrative operations 24 of the city district. 25 (n) Establish uniform procedures for record keeping, accounting and 26 reporting throughout the city district, including pupil record keeping, 27 accounting and reporting. 28 (o) Develop, subject to the approval of the board, a procurement poli- 29 cy for the city district, consistent with the provisions of section one 30 hundred three of the general municipal law, which policy shall include 31 provisions for emergency procurements; a plan to ensure that all 32 instructional materials are available in a usable alternative format for 33 disabled students pursuant to subdivision four of section twenty-five 34 hundred ninety-one-d of this article; and shall also include the 35 requirement that the board must approve any contract awarded by the city 36 district or the superintendent where: 37 (i) such contract was let by a procurement method other than compet- 38 itive sealed bidding, including but not limited to competitive sealed 39 proposals, or sole source contracts. In the case of a sole source 40 contract, prior to the submission of the contract for approval, the 41 corporation counsel of the city shall certify that the legal and proce- 42 dural requisites for the solicitation and award of a sole source 43 contract have been complied with; 44 (ii) such contract provides for technical, consultant or personal 45 services; 46 (iii) the value of such contract exceeds, or projects an annual 47 expenditure exceeding, fifty thousand dollars; or 48 (iv) the value of any contracts awarded to a single entity exceeds 49 fifty thousand dollars annually. 50 (p) Provide transportation, home-teaching or special classes for phys- 51 ically or mentally disabled and delinquent children. Such transporta- 52 tion, home-teaching or special classes, when provided pursuant to this 53 paragraph, shall be granted to all such children irrespective of the 54 school they legally attend. 55 (q) To hold regular public meetings in each council district, in 56 conjunction with the advisory council in order to report on publicA. 2569 8 1 school finances, student performance, and educational goals and priori- 2 ties of the city district and to receive and respond to public comments 3 and concerns. The superintendent shall provide public notice of such 4 meetings in order to maximize the participation of parents, students and 5 all other interested parties. 6 (r) Provide information, data, estimates and statistics regarding all 7 matters relating to the city district as requested by the director of 8 the independent education budget office established pursuant to the 9 charter of the city of Rochester. 10 (s) Issue an annual report on the participation of minority and women 11 owned business enterprises in the city district's procurement process 12 including the number of contracts awarded to minority and women owned 13 business enterprises, the percent of contracts awarded to minority and 14 women owned business enterprises of the total number of all city 15 district contracts, the aggregate value of all contracts awarded to 16 minority and women owned business enterprises, and the percent of the 17 aggregate value of contracts awarded to minority and women owned busi- 18 ness enterprises of the total aggregate value of all city district 19 contracts. 20 (t) Propose a policy for board approval that promotes the recruitment 21 and retention of a workforce at the city district that considers the 22 diversity of the students attending the public schools within the city 23 district. The superintendent shall issue an annual report outlining the 24 initiatives taken to enhance diversity and equity in recruitment and 25 retention and the impacts of such initiatives to the workforce at the 26 city district. 27 (u) Enforce all provisions of law and all policies relating to the 28 management of the schools and other educational, social and recreational 29 activities under the direction of the board. 30 (v) Create, abolish, and consolidate such positions, divisions, boards 31 or bureaus as may be necessary for the proper and efficient adminis- 32 tration of the city district. 33 (w) Have the care, custody, control and safekeeping of all school 34 property or other property of the city used for educational, social or 35 recreational work and not specifically placed by law under the control 36 of some other body or officer, and to prescribe policies for the preser- 37 vation of such property. 38 (x) Establish and maintain libraries which may be open to the public, 39 to organize and maintain public lecture courses, and to establish and 40 equip playgrounds, recreation centers, social centers, and reading rooms 41 from such funds as this chapter or other statutes authorize and the 42 state appropriates for such purposes, and from such other funds as may 43 be provided therefor from local taxation or other sources. 44 (y) Conduct and maintain such extra classroom activities, including 45 the operation of cafeterias or restaurant service for pupils and teach- 46 ers, as the superintendent, from time to time, shall deem proper. Such 47 cafeterias or restaurant service may be used by the community for school 48 related functions and activities and to furnish meals to the elderly 49 residents, sixty years of age or older, of the district. Charges shall 50 be sufficient to meet the direct cost of preparing and serving such 51 meals, reducible by available reimbursements. 52 (z) In his or her discretion, purchase insurance against personal 53 injuries incurred by an authorized participant in a school volunteer 54 program, including but not limited to, those authorized participants who 55 assist on school buses, school sponsored transportation to and from 56 school, or on school sponsored field trips or any other school sponsoredA. 2569 9 1 activity; provided, however, that the injuries were incurred while the 2 authorized participant was functioning either within the scope of his or 3 her authorized volunteer duties or under the direction of the board. 4 (aa) Where the district has provided transportation to students 5 enrolled in such district to a school sponsored field trip, extracurric- 6 ular activity or any other similar event, provide transportation back to 7 either the point of departure or to the appropriate school in the 8 district, unless the parent or legal guardian of a student participating 9 in such event has provided the school district with written notice, 10 consistent with district policy, authorizing an alternative form of 11 return transportation for such student or unless intervening circum- 12 stances make such transportation impractical. In cases where intervening 13 circumstances make transportation of a student back to the point of 14 departure or to the appropriate school in the district impractical, a 15 representative of the school district shall remain with the student 16 until such student's parent or legal guardian has been (i) contacted and 17 informed of the intervening circumstances which make such transportation 18 impractical and (ii) such student had been delivered to his or her 19 parent or legal guardian. 20 (bb) Each year, prepare a school district report card in accordance 21 with subdivision twenty-four of section twenty-five hundred fifty-four 22 of this title. 23 (cc) Amend the city district's five year capital facilities plan to 24 include information on any new project contained in the annual compre- 25 hensive school facilities modernization plan approved pursuant to chap- 26 ter four hundred sixteen of the laws of two thousand seven. 27 (dd) In his or her discretion, to provide under a group insurance 28 policy or policies issued by any insurance company or insurance compa- 29 nies authorized to do business in this state or under a group contract 30 issued by one or more corporations subject to article forty-three of the 31 insurance law, life insurance or accident and health insurance benefits 32 or medical and surgical benefits or hospital service benefits or any two 33 or more of such kinds of benefits to teachers and other employees of the 34 school district who participate in a plan or plans, as hereinafter 35 provided. The disbursing officer of the school district is authorized to 36 deduct from the salary of such participant with his or her prior 37 consent, in writing, the sums representing the participant's share of 38 the premium or premiums which are payable by such officer to such insur- 39 ance company or corporation. The superintendent is authorized to pay 40 from such moneys as are available for the purpose, a share of the cost 41 of such benefit or benefits in such amount as is required to be paid 42 under such group insurance policy or policies or group contract or 43 contracts by the board, as employer. The sum to be paid by the super- 44 intendent under such policy or policies or contract or contracts, in the 45 discretion of the superintendent, may be any percentage of the total 46 cost of the benefit or benefits including the whole thereof. 47 (ee) Develop a process, to be approved by the board, for the selection 48 of members to the community schools advisory councils pursuant to 49 section twenty-five hundred ninety-one-f of this article. 50 3. Notwithstanding any other provisions of law to the contrary, public 51 schools within the city district shall be closed pursuant to the 52 requirements of this subdivision. 53 (a) The superintendent shall develop a protocol for school closures 54 that shall be approved by the board of education. Such protocol shall 55 include the establishment of quantifiable standards and criteria for 56 every proposed school closure that address:A. 2569 10 1 (i) the school's academic performance, including standards and crite- 2 ria to identify for closure the persistently lowest-achieving schools in 3 the city school district that take into account student performance on 4 existing state assessments and graduation rates; 5 (ii) the school's responsiveness to previous school improvement or 6 turnaround efforts; and 7 (iii) the current and projected pupil enrollment of the affected 8 school and the prospective need for such school building. 9 (b) The superintendent shall prepare a school closure plan for each 10 proposed closure based on the protocol established pursuant to paragraph 11 (a) of this subdivision that shall include the following information: 12 (i) the ramifications of such school closure upon the community, 13 initial costs and savings resulting from such school closure, the poten- 14 tial disposability of any closed school; 15 (ii) the impacts of the proposed school closure to any affected 16 students and the ability of other schools in the affected community to 17 accommodate pupils following the school closure; 18 (iii) an outline of any proposed or potential use of the school build- 19 ing for other educational programs or administrative services; 20 (iv) the effect of such school closure on personnel needs, the costs 21 of instruction, administration, transportation, and other support 22 services; and 23 (v) the type, age, and physical condition of such school building, 24 maintenance, and energy costs, recent or planned improvements to such 25 school building, and such building's special features. 26 (c) Such school closure plan shall be made publicly available, includ- 27 ing via the board of education's official internet website, and a copy 28 shall also be filed with the affected community schools advisory council 29 at least six months in advance of the first day of school in the 30 succeeding school year. 31 (d) Within sixty days following the filing of the school closure plan, 32 the superintendent shall hold a joint public hearing with the impacted 33 community schools advisory council at the school that is subject to the 34 proposed school closing, and shall allow all interested parties an 35 opportunity to present comments or concerns regarding the proposed 36 school closing. The superintendent shall ensure that notice of such 37 joint hearing is widely and conspicuously posted in such a manner to 38 maximize the number of affected individuals that receive notice, includ- 39 ing providing notice to affected parents and students and the elected 40 state and local officials who represent the affected communities. 41 (e) The superintendent shall render a decision on all proposed school 42 closures; provided, however, a school closure shall not take effect 43 until all the provisions of this subdivision have been satisfied and the 44 school year in which the decision to close such school was made, has 45 ended. 46 4. The superintendent shall require, for purposes of a criminal histo- 47 ry record check, the fingerprinting of all prospective employees pursu- 48 ant to section three thousand thirty-five of this chapter, who do not 49 hold valid clearance pursuant to such section or pursuant to section 50 three thousand four-b of this chapter or section five hundred nine-cc or 51 twelve hundred twenty-nine-d of the vehicle and traffic law in accord- 52 ance with the provisions of subdivision twenty-five of section twenty- 53 five hundred fifty-four of this title. 54 5. Nothing in this article shall be construed to authorize the super- 55 intendent to be or act as a charter entity pursuant to article fifty-six 56 of this title.A. 2569 11 1 § 2591-f. Community schools advisory councils; composition; powers and 2 duties. 1. (a) There shall be established in each council district a 3 community schools advisory council. The councils shall consist of five 4 voting members, who shall be: 5 (i) a resident of the council district; 6 (ii) an eligible voter pursuant to section 5-102 of the election law; 7 and 8 (iii) a parent of a child attending a school located within the coun- 9 cil district, or have attended a school within the council district 10 within the preceding year, and selected by the presidents and officers 11 of the parents' associations or parent-teachers' associations of schools 12 located in the council district. 13 (b) Such members shall serve for a term of two years and shall not be 14 paid a salary or stipend, but shall be reimbursed for all actual and 15 necessary expenses directly related to the duties and responsibilities 16 of the advisory council. 17 (c) Presidents and officers of parents' associations or parent-teach- 18 ers' associations who are candidates in the selection process pursuant 19 to this section shall not be eligible to cast votes in such selection 20 process. The association shall elect a member to vote in the place of 21 each such president or officer for the purposes of the selection proc- 22 ess. 23 2. (a) The superintendent shall: 24 (i) develop selection procedures to be approved by the board for advi- 25 sory council members which, to the maximum extent possible, shall 26 attempt to ensure a membership that reflects a representative cross-sec- 27 tion of the communities within the council district and diversity of the 28 student population including those with particular educational needs; 29 (ii) require financial disclosure by the appointees; 30 (iii) establish policies prohibiting political endorsements of and 31 campaign contributions to nominees; and 32 (iv) beginning in September of each school year and continuing until 33 the date of selection, ensure the distribution of guides to parents in 34 addition to information regarding advisory council roles, functions, and 35 activities, including upcoming parents' association and parent-teachers' 36 association elections, candidate information, and the nature of the 37 selection process. 38 (b) For the initial advisory council, such members must be selected on 39 or before October thirty-first, two thousand twenty, with terms commenc- 40 ing on December first, two thousand twenty. Thereafter, commencing in 41 the year two thousand twenty-two, the selection of advisory council 42 members shall occur on the second Tuesday in May, with terms commencing 43 on the following July first. 44 (c) Each such advisory council shall select one of its voting members 45 to serve as chair, and shall also appoint, from among its members, a 46 secretary, who shall perform the following functions: 47 (i) prepare meeting notices, agendas and minutes; 48 (ii) record and maintain accounts of proceedings and other advisory 49 council meetings; and 50 (iii) prepare briefing materials and other related informational mate- 51 rials for such meetings. 52 3. (a) No person may serve on more than one advisory council or on the 53 city-wide council on special education, the city-wide council on English 54 language learners and an advisory council. No person shall be eligible 55 for membership on an advisory council if he or she holds any elective 56 public office or any elective or appointed party position except that ofA. 2569 12 1 delegate or alternate delegate to a national, state, judicial or other 2 party convention, or member of a county committee. 3 (b) A person who has been convicted of a felony, or has been removed 4 from an advisory council, the city-wide council on special education, or 5 the city-wide council on English language learners for any of the 6 following shall be permanently ineligible for appointment to any advi- 7 sory council: 8 (i) an act of malfeasance directly related to his or her service on 9 the advisory council, the city-wide council on special education, or the 10 city-wide council on English language learners; or 11 (ii) conviction of a crime, if such crime is directly related to his 12 or her service on the advisory council, the city-wide council on special 13 education, or the city-wide council on English language learners. 14 (c) Vacancies shall be filled by the superintendent for an unexpired 15 term, after consultation with the other members of the advisory council. 16 4. Each advisory council shall have the following powers and duties 17 with respect to all pre-kindergarten, primary and secondary schools and 18 programs in the council district. The advisory councils shall have no 19 executive or administrative powers or functions, but shall have the 20 following powers and duties: 21 (a) promote achievement of educational standards and objectives relat- 22 ing to the instruction of students. 23 (b) review, conduct public hearings and comment on the itemized esti- 24 mate prepared by the superintendent pursuant to section twenty-five 25 hundred ninety-one-i of this article and submit any comments or testimo- 26 ny by the public to the superintendent. 27 (c) conduct a joint public hearing with the superintendent regarding 28 any proposed school closing of any public school located within the 29 council district pursuant to section twenty-five hundred ninety-one-e of 30 this article. 31 (d) conduct regular meetings with the superintendent to discuss the 32 current state of the schools in the council district. 33 (e) review the council district's educational programs and assess 34 their effect on student achievement. 35 (f) submit an annual evaluation of the superintendent to the mayor. 36 (g) provide input, as it deems necessary, to the superintendent and 37 the board on matters of concern to the council district. 38 (h) submit a list to the board of education of council district resi- 39 dents to be considered by such board for membership on the city-wide 40 councils on special education and English language learners. 41 § 2591-g. Appointment of teachers, administrators, supervisors and 42 other employees. 1. Teachers and all other members of the teaching 43 staff of the city district shall be appointed by the superintendent of 44 schools for a probationary period of three years, except that in the 45 case of a teacher who has rendered satisfactory service as a regular 46 substitute for a period of two years or as a seasonally licensed per 47 session teacher of swimming in day schools who has served in that capac- 48 ity for a period of two years and has been appointed to teach the same 49 subject in day schools on an annual salary, the probationary period 50 shall be limited to one year; provided, however, that in the case of a 51 teacher who has been appointed on tenure in another school district 52 within the state, the school district where currently employed, or a 53 board of cooperative educational services, and who was not dismissed 54 from such district or board as a result of charges brought pursuant to 55 subdivision one of section three thousand twenty-a of this chapter, the 56 probationary period shall not exceed two years. The service of a personA. 2569 13 1 appointed to any of such positions may be discontinued at any time 2 during such probationary period by the superintendent of schools. Each 3 person who is not to be recommended for appointment on tenure shall be 4 so notified by the superintendent of schools in writing not later than 5 sixty days immediately preceding the expiration of his or her probation- 6 ary period. Failure to maintain certification as required by this chap- 7 ter and by the regulations of the commissioner shall be cause for 8 removal. 9 2. Administrators, principals, directors, supervisors and all other 10 members of the supervising staff shall be appointed by the superinten- 11 dent for a probationary period of three years. School principals shall 12 be selected pursuant to a publicly-inclusive process for the recruit- 13 ment, screening and selection of candidates for principal developed by 14 the superintendent and approved by the board. The service of a person 15 appointed to any of such positions may be discontinued at any time 16 during the probationary period by the superintendent of schools. 17 3. Clerks, draftsmen, inspectors, chemists, tabulating machine opera- 18 tors, secretaries, stenographers, copyists, statisticians, janitors, 19 custodians, custodian-engineers and all other administrative employees 20 of the city district, unless otherwise provided in this chapter, shall 21 be appointed for a probationary period provided in the civil service law 22 and regulations based thereon. The service of a person appointed to any 23 of such positions may be discontinued by the superintendent at any time 24 during such probationary period. Such persons who have served the full 25 probationary period shall hold their respective positions during good 26 behavior and efficient and competent service, and shall not be removed 27 except for cause. 28 4. No principal, supervisor, director, or teacher shall be appointed 29 to the teaching force of a city who does not possess qualifications 30 required under this chapter and under the regulations prescribed by the 31 commissioner for the persons employed in such positions in the schools 32 of the cities of the state, but the superintendent may prescribe addi- 33 tional or higher qualifications for the persons employed in any of such 34 positions. 35 5. Notwithstanding any other provision of this section, no period in 36 any school year for which there is no required service and/or for which 37 no compensation is provided shall in any event constitute a break or 38 suspension of probationary period or continuity of tenure rights of any 39 of the persons described in this section. 40 § 2591-h. School principals; selection process; powers and duties. 1. 41 The principal shall be the administrative and instructional leader of 42 the school. 43 2. The superintendent shall appoint a principal pursuant to a process, 44 which shall be approved by the board, that promotes parental and staff 45 involvement in the recruitment, screening, interviewing and recommenda- 46 tion of candidates for school principal. Candidates must meet the legal 47 and regulatory requirements establishing educational, managerial, and 48 administrative qualifications, including evaluation of each candidate's 49 record of performance in comparable positions. 50 3. Subject to the regulations of the commissioner and applicable 51 collective bargaining agreements and obligations, the principal shall be 52 responsible for the day to day operation of the school and shall carry 53 out the following duties in consultation with parents, teachers and 54 other staff: 55 (a) promote an equal educational opportunity for students in the 56 school,A. 2569 14 1 (b) (i) survey the environment of the school and its surroundings and 2 issue an annual report that assesses the need for resources or services, 3 such as increasing safety, improving infrastructure, and other changes 4 that could be implemented to improve or enhance the quality of life of 5 the neighborhood where the school is located. 6 (ii) in preparing the report, the principal shall, to the maximum 7 extent as practicable, seek and consider comments and input from 8 affected stakeholders, including students, teachers, parents, and other 9 interested community members. The principal shall submit the report and 10 recommendations to the superintendent. 11 (c) manage and operate the school building and other facilities under 12 his or her jurisdiction. 13 § 2591-i. Budgetary and fiscal processes. 1. (a) The superintendent 14 shall prepare annually an itemized estimate for the current or ensuing 15 fiscal year of such sum of money as he or she may deem necessary for the 16 purposes stated in this section, after crediting thereto the amount 17 anticipated in the next apportionment of school funds from the state and 18 the estimated amount to be received from all other sources. Such esti- 19 mate shall be filed with the mayor, who shall place such estimate before 20 the common council at the same time and in the same manner as estimates 21 from city departments are placed before said body, and such estimate 22 shall thereafter be subject to the same consideration, action and proce- 23 dure as all other estimates from city departments. The common council 24 may increase, diminish or reject any item contained in such estimate, 25 except for fixed charges for which the city is liable and subject to the 26 limitations provided by subdivision two of this section. 27 (b) Prior to filing such estimate with the mayor, the superintendent 28 shall transmit a proposed estimate to each community schools advisory 29 council. Each community schools advisory council shall conduct a public 30 hearing within its respective council district to review and solicit 31 community input and comments on such proposed estimate. Each community 32 schools advisory council shall submit any input or comments received to 33 the superintendent, who shall take such input and comment under advise- 34 ment. When the superintendent files the estimate with the mayor pursuant 35 to this subdivision, he or she shall also transmit a copy of such esti- 36 mate to the board of education. 37 (c) Such estimates shall be for the following purposes: 38 (i) The salary of the superintendent of schools, associate or assist- 39 ant or other superintendents, examiners, directors, supervisors, princi- 40 pals, teachers, lecturers, special instructors, medical inspectors, 41 nurses, attendance officers, clerks, custodians and janitors; and the 42 salary, fees or compensation of all other employees appointed or 43 employed by the superintendent, including staff assigned to the board. 44 In addition, the expenses of personnel utilized to fulfill the internal 45 audit function pursuant to section twenty-one hundred sixteen-b of this 46 title. 47 (ii) The other necessary incidental and contingent expenses, including 48 ordinary repairs to buildings and the purchase of fuel and light, 49 supplies, textbooks, school apparatus, books, furniture and fixtures and 50 other articles and service necessary for the proper maintenance, opera- 51 tion and support of the schools, libraries and other educational, social 52 or recreational affairs and interests of the city district. 53 (iii) The remodeling or enlarging of buildings required by the city 54 district, the construction of new buildings for uses authorized by this 55 chapter and the furnishing and equipment thereof, the purchase of real 56 property for new sites, additions to present sites, playgrounds orA. 2569 15 1 recreation centers and other educational or social purposes, and to meet 2 any other indebtedness or liability incurred under the provisions of 3 this chapter or other statutes, or any other expenses which the board is 4 authorized to incur. Nothing contained in this chapter shall prevent the 5 financing, in whole or in part, of any expenditure enumerated in this 6 subdivision pursuant to the local finance law. 7 2. (a) For the purposes of this subdivision, the terms: 8 (i) "city funds" shall mean funds of the city of Rochester derived 9 from any source except funds contained within the capital budget, funds 10 from county sales tax revenues shared with such city, funds derived from 11 any federal source and funds derived from any state or private sources 12 over which the city has no discretion, as defined in regulations of the 13 commissioner and approved by the director of the budget. 14 (ii) "city amount" shall mean the total amount of expenditures funded 15 by city funds for the support of the city district, not including city 16 payments to bond or note holders for debt service payments of such 17 district, as contained within the budget as adopted by such city. 18 (iii) "base year" shall mean the fiscal year immediately preceding the 19 fiscal year for which the budget referred to in subparagraph (ii) of 20 this paragraph is adopted. The initial base year shall be the fiscal 21 year ending June thirtieth, two thousand seven. 22 (b) The city amount shall not be less than the city amount appropri- 23 ated in the base year determined at the time of adoption of the budget 24 for the ensuing fiscal year, and shall not be less than the city amount 25 expended in the base year determined as of the end of the school year. 26 Provided, however, in the event the total amount of city funds relied 27 upon to balance such budget is lower than the total amount of city funds 28 appropriated in the base year, as determined at the time of adoption of 29 such budget, the city amount may be reduced by up to the same percentage 30 as the overall percentage decrease in city funds between the base year 31 and the ensuing fiscal year. The city shall not use or spend the city 32 amount for any purposes other than in direct support of the city 33 district. 34 (c) Upon the enactment of a city budget, for the two thousand nine- 35 teen--two thousand twenty school year budget and annually thereafter, 36 the mayor shall annually certify to the commissioner, in a form 37 prescribed by the commissioner upon approval of the director of the 38 budget, as to the city amount in such budget, the city amount in the 39 base year, and that the city amount appropriated in such budget is in 40 compliance with paragraph (b) of this subdivision. 41 (d) The school district audit report certified to by an independent 42 certified public accountant or an independent accountant pursuant to 43 section twenty-one hundred sixteen-a of this title for the two thousand 44 nineteen--two thousand twenty school year budget and annually thereafter 45 shall include a certification by the accountant, in a form prescribed by 46 the commissioner upon approval of the director of the budget, as to the 47 city amount expended in the school year covered by such audit report, 48 the city amount in the prior school year, and that the city amount 49 expended in the school year covered by such audit report is in compli- 50 ance with paragraph (b) of this subdivision. 51 3. The superintendent may, to meet or respond to emergencies which may 52 arise, submit a special estimate in which items for extraordinary 53 expenses may be submitted to meet such emergencies. Such estimate shall 54 contain a complete statement of the purposes for which the items are 55 requested and the necessity therefor. The same method of procedure shall 56 be followed in submitting such estimate and such estimate shall beA. 2569 16 1 subject to the same consideration and action as is required in the 2 submission, consideration and action upon the regular annual estimate 3 submitted by the superintendent. The common council shall have power to 4 make the appropriations requested by the superintendent in such special 5 estimate. 6 4. The board shall not incur a liability or an expense chargeable 7 against the funds under its control or the city for any purpose in 8 excess of the amount appropriated or available therefor or otherwise 9 authorized by law. 10 § 2591-j. Custody and disbursement of funds. 1. Public moneys appor- 11 tioned to the city by the state and all funds raised or collected by the 12 authorities in the city for school purposes or to be used by the board 13 for any purpose authorized in this article, or any other funds belonging 14 to the city and received from any source whatsoever for similar 15 purposes, shall be paid into the treasury of such city and shall be 16 credited to the board. The funds so received into such treasury shall be 17 kept separate and distinct from any other funds received into the said 18 treasury. The officer having the charge thereof shall give such addi- 19 tional security for the safe custody thereof as the corporate authori- 20 ties of such city shall require. 21 2. Such funds shall be disbursed by authority of the board upon writ- 22 ten orders drawn on the city treasurer or other fiscal officer of the 23 city. Such orders shall be signed by the superintendent of schools and 24 the claims auditor. Orders shall be numbered consecutively and shall 25 specify the purpose for which they are drawn and the person or corpo- 26 ration to whom they are payable. The claims auditor shall ensure that 27 orders comply with the appropriate policies and procedures of the city 28 school district prior to approval for payment, including with the 29 procurement policy proposed by the superintendent pursuant to section 30 twenty-five hundred ninety-one-e of this article and approved by the 31 board pursuant to section twenty-five hundred ninety-one-d of this arti- 32 cle. Claims against the city school district shall not be paid without 33 prior audit and approval by the claims auditor. 34 3. Fixed salaries, principal of and interest on indebtedness and 35 amounts becoming due upon lawful contracts for periods exceeding one 36 year may be disbursed without prior audit of the board or the claims 37 auditor. By resolution duly adopted, the board may determine to enter 38 into a contract to provide for the deposit of the periodic payroll of 39 the school district in a bank or trust company for disbursal by it in 40 accordance with provisions of section ninety-six-b of the banking law. 41 4. It shall be unlawful for a city treasurer or other officer having 42 the custody of such city funds to permit their use for any purpose other 43 than that for which they are lawfully authorized; they shall be paid out 44 only on audit of the claims auditor or as otherwise provided by law. 45 Payments from such funds shall be made only by checks signed by the 46 treasurer or other custodian of such moneys and payable to the person or 47 persons entitled thereto and countersigned by an officer designated by 48 the officer or body having the general control of the financial affairs 49 of such city. The board shall make, in addition to such classification 50 of its funds and accounts as it desires for its own use and information, 51 such further classification of the funds under its management and 52 control and of the disbursements thereof as the officer or body having 53 the general control of the financial affairs of such city, shall 54 require, and such board shall furnish such data in relation to such 55 funds and their disbursements as the financial officer or body of the 56 city shall require.A. 2569 17 1 § 3. The charter of the city of Rochester is amended by adding a new 2 chapter 17 to read as follows: 3 CHAPTER 17 4 INDEPENDENT EDUCATION BUDGET OFFICE 5 Section 17-1. Independent education budget office. 6 17-2. Appointment process; term of office of director. 7 17-3. Duties and responsibilities of director. 8 17-4. Funding of office. 9 § 17-1. Independent education budget office. 10 There shall be established pursuant to this section an independent 11 education budget office to be headed by a director who shall be 12 appointed by the mayor upon the recommendation of a special committee 13 established for this purpose. 14 § 17-2. Appointment process; term of office of director. 15 A. The special committee shall consist of five members; two members 16 appointed by the mayor, two members appointed by the common council, and 17 one member mutually agreed to by the mayor and the common council. 18 Members shall possess extensive knowledge and experience in education 19 policy and finance. The members of the special committee shall not be 20 paid a salary or stipend, but shall be reimbursed for all actual and 21 necessary expenses directly related to the duties and responsibilities 22 of such committee. 23 B. The special committee, pursuant to a publicly-inclusive screening 24 and interview process, shall recommend three candidates to the mayor for 25 his or her appointment. 26 C. The director shall be appointed without regard to political affil- 27 iation and solely on the basis of fitness to perform the duties, and 28 shall serve a four year term. The director may be removed only for 29 cause. In the event of a vacancy, the individual appointed to fill the 30 vacancy shall be appointed pursuant to section 17-1 of this chapter and 31 this section, and serve only for the unexpired portion of the term. 32 D. The special committee shall be dissolved after the appointment of a 33 director by the mayor. In the event of a vacancy, a new special commit- 34 tee shall be appointed pursuant to subdivision A of this section. 35 § 17-3. Duties and responsibilities of director. 36 A. The director shall provide to the mayor, the common council and the 37 public, the following information: 38 (1) information with respect to the budget, appropriations bills and 39 proposed local laws with fiscal implications affecting the city school 40 district; 41 (2) information with respect to estimated city, state and federal 42 revenues and changing revenue conditions affecting the city school 43 district; and 44 (3) to the extent practicable, such other information or analyses as 45 may be requested by such officials and bodies. 46 B. The director shall also issue regular reports to enhance official 47 and public understanding of the education budget, including matters 48 relating to city, state and federal revenues, expenditures, or financial 49 management practices affecting the city school district and related 50 matters. 51 C. The director shall be authorized to secure such information, data, 52 estimates and statistics from the mayor, common council, agencies, 53 departments, offices and other public entities of the city, including 54 the city school district as the director determines to be necessary for 55 the performance of the functions and duties of the office; and such 56 officials or entities shall provide such information, to the extent thatA. 2569 18 1 it is available, in a timely fashion. The director shall not be entitled 2 to obtain records which are protected by the privileges for attorney- 3 client communications, attorney work product, and material prepared for 4 litigation. 5 D. The director shall make all information, data, estimates, and 6 statistics obtained under this section, and all studies and reports 7 prepared by the office, available for public inspection and copying 8 during normal business hours and shall, to the extent practicable, 9 furnish a copy of any such information or report to any person upon 10 request at a reasonable cost. 11 § 17-4. Funding of office. 12 The appropriations available to pay for the expenses of the independ- 13 ent budget office during each fiscal year shall not be less than five 14 per centum of the appropriations to pay the expenses of the office of 15 management and budget during such fiscal year. 16 § 4. Section 2552 of the education law, as amended by chapter 138 of 17 the laws of 1974, is amended to read as follows: 18 § 2552. Board of education. The board of education of each such city 19 school district is hereby continued. The educational affairs in each 20 such city school district shall be under the general management and 21 control of a board of education to consist of not less than three and 22 not more than nine members, to be chosen as hereinafter provided, and to 23 be known as members of the board of education, except that the board of 24 education of the city school district of the city of New York shall be 25 constituted as provided in article fifty-two-A of this chapter, and 26 except further that the board of education of the city school district 27 of the city of Rochester shall be constituted as provided in article 28 fifty-two-B of this chapter. The number of members on the board of 29 education of each such city school district shall continue to be as 30 follows: 31 a. City school district of the city of Buffalo: nine members. 32 b. [City school district of the city of Rochester: seven members.33c.] City school district of the city of Syracuse: seven members. 34 [d.] c. City school district of the city of Yonkers: nine members. 35 § 5. Subdivisions 1, 2, 4, 5, 6, 8 and 9 of section 2553 of the educa- 36 tion law, subdivision 1 as separately amended by chapters 211 and 441 of 37 the laws of 1980, subdivisions 2, 4 and 5 as added by chapter 242 of the 38 laws of 1974, subdivision 6 and paragraphs (c), (d), (e) and (g) of 39 subdivision 9 as amended and paragraphs (f) and (h) of subdivision 9 as 40 relettered by chapter 211 of the laws of 1980, subdivision 8 as amended 41 by chapter 762 of the laws of 1950 and as renumbered by chapter 330 of 42 the laws of 1969, subdivision 9 as added by chapter 141 of the laws of 43 1971, paragraph (b) of subdivision 9 as amended by chapter 1126 of the 44 laws of 1971 and such subdivision 9 as renumbered by chapter 242 of the 45 laws of 1974, are amended to read as follows: 46 1. No person shall be eligible to the office of member of a board of 47 education who is not a citizen of the United States, who is not quali- 48 fied to register for or vote at an election in accordance with the 49 provisions of section 5-106 of the election law, and who, in the case of 50 the city school district of the city of Yonkers, has not been a resident 51 of the city school district for which he or she is chosen for a period 52 of at least three years immediately preceding the date of his or her 53 election or appointment and who, in the case of the city school district 54 of the city of Buffalo, in the case of a member to be elected at large 55 is not a qualified voter of such city school district and who has not 56 been a resident of such district for a period of at least three yearsA. 2569 19 1 immediately preceding the date of his or her election and in the case of 2 a member elected from a city school subdistrict is not a qualified voter 3 of such city school subdistrict and has not been a resident of the city 4 school district for three years and a resident of the city school 5 subdistrict which he or she represents or seeks to represent for a peri- 6 od of one year immediately preceding the date of his or her election, 7 and who, in the case of the city school district of the city of [Roches-8ter, is not a qualified voter under section 5-102 of the election law of9such city school district; and who in the case of the city school10district of the city of] Syracuse has not been a qualified voter under 11 section 5-102 of the election law of such city school district for at 12 least ninety days immediately preceding the date of his or her election 13 or appointment. 14 2. In the city school [districts] district of the [cities] city of 15 [Rochester and] Syracuse the members of such board of education shall be 16 chosen by the voters at large at either a general or municipal election, 17 or at both. In the city school district of the city of Buffalo the 18 members of such board of education shall be chosen pursuant to the 19 provisions of subdivision ten of this section. 20 4. In the city school districts of the following cities, the terms of 21 such members shall be as follows: 22 a. [Rochester: Four Years;23b.] Syracuse: Four Years; 24 [c.] b. Yonkers: Five Years. 25 5. The terms of one-fifth of all the members of a board of education, 26 or of a fraction as close to one-fifth thereof as possible, shall expire 27 annually on the first Tuesday in May, except in the city school 28 districts of the cities of Buffalo[, Rochester] and Syracuse. 29 6. If a vacancy occurs other than by expiration of term in the office 30 of a member of a board of education in a district in which such members 31 are elected at a general or municipal election, such vacancy shall be 32 filled by appointment by the mayor until the next general or municipal 33 election is held, and such vacancy shall then be filled at such election 34 for the unexpired portion of such term, except that [in the city school35district of the city of Rochester any such vacancy shall be filled36pursuant to the provisions of subdivision nine of this section and37except further that] any such vacancy on the board of education of the 38 city school district of the city of Buffalo shall be filled pursuant to 39 the provisions of subdivision ten of this section. 40 8. A member of a board of education who publicly declares that he or 41 she will not accept or serve in the office of member of such board of 42 education, or refuses or neglects to attend three successive meetings of 43 such board, of which he or she is duly notified, without rendering a 44 good and valid excuse therefor to the other members of such board of 45 education, vacates his or her office by refusal to serve. 46 [9. (a) The members of the board of education of the city school47district of the city of Rochester shall be elected by the qualified48voters of such city as provided herein.49(b) The members of the board of education shall be elected at large50throughout the city by the qualified voters at a general election.51(c) Such elections for such officers shall be governed by the52provisions of the election law in the same manner as candidates for53office generally to be elected by the voters of the city of Rochester;54provided, however, that each such candidate shall be required to file55petitions containing at least one thousand signatures.A. 2569 20 1(d) No person shall be eligible for the office of members of such2board of education who is not a qualified voter under section 5-102 of3the election law of such city school district. No person shall hold at4the same time the office of member of the board of education and any5other elective office nor shall he be a candidate for any other elective6office at the same time he is a candidate for the office of member of7such board of education.8(e) The term of office of each member of such board shall be four9years, commencing on the first day of January following his election.10The candidates receiving a plurality of the votes cast respectively for11the several offices shall be declared elected. Where more than one12office is to be filled by such election and there is a variance in the13length of the terms, the candidate receiving the largest number of votes14shall be entitled to the longest term and the candidates receiving the15next highest number of votes shall be entitled, in decreasing order of16the respective number of votes to the several offices, in decreasing17order of the length of such terms or unexpired portions of terms. When-18ever a vacancy shall occur or exist in the office of member of the board19of education except by reason of expiration of term, such vacancy shall20be filled by the president of the board of education by appointment of a21nominee of the members of the board of education of the same political22affiliation as the person who vacated the office and such nominee shall23be elected by the majority vote of the board of education; if the board24shall not have filled the vacancy within thirty days from the date the25vacancy occurred, then the president of the board shall fill the vacancy26from the same political party as that of the person who vacated the27office. However, if the vacancy shall occur in the office of member of28the board of education filled by an incumbent elected on a non-partisan29or an independent basis, such vacancy shall be filled, after nomination30by the president of the board of education, by majority vote of the31remaining members of the board of education. A person appointed to fill32a vacancy shall hold office to and including the thirty-first day of33December next succeeding the first general election following such34vacancy, at which a successor must be elected for the remainder of the35unexpired term, if any.36(f) The members so elected to the board of education shall convene on37the first business day in January of each year at the time of the38commencement of their term of office and select from their members a39president who shall serve for a term of one year or such other term, not40exceeding the term of his office, as may be fixed by the rules and regu-41lations of the board.42(g) The election of members of the board of education of the school43district of Rochester shall take place at a general election to be held44in such city when an incumbent's term expires, and the first election45hereinunder shall take place in November of nineteen hundred eighty-one.46Such election shall be conducted by the board of elections of the county47of Monroe in the same manner as general elections are conducted by it.48The results of such elections, after canvassing, shall be certified and49reported by the board of elections to the board of education of such50city. The clerk or other appropriate officer of the board of education51shall within twenty-four hours after the receipt of such certification52by the board of elections serve a written notice either personally or by53mail upon each person declared to be elected as a member of the board of54education informing him of his election and the length of his term.55(h) Notwithstanding the provisions of any other law, the present56members of said board of education shall serve the full terms for whichA. 2569 21 1they were elected. Vacancies which may occur in the board shall be2filled as provided herein, except, that the vacancies created by the3expansion of the board of education from five to seven members, as4provided herein, shall be filled at the next general election.] 5 § 6. The opening paragraph of section 2554 of the education law, as 6 amended by chapter 91 of the laws of 2002, is amended to read as 7 follows: 8 Subject to the provisions of this chapter, the board of education in a 9 city, except the city board of the city of New York and the board of 10 education of the city school district of the city of Rochester, shall 11 have the power and it shall be its duty: 12 § 7. Subdivision 2 of section 2554 of the education law, as amended by 13 chapter 27 of the laws of 2012, is amended to read as follows: 14 2. To create, abolish, maintain and consolidate such positions, divi- 15 sions, boards or bureaus as, in its judgment, may be necessary for the 16 proper and efficient administration of its work; to appoint a super- 17 intendent of schools, such associate, assistant, district and other 18 superintendents, examiners, directors, supervisors, principals, teach- 19 ers, lecturers, special instructors, medical inspectors, nurses, audi- 20 tors, attendance officers, secretaries, clerks, custodians, janitors and 21 other employees and other persons or experts in educational, social or 22 recreational work or in the business management or direction of its 23 affairs as said board shall determine necessary for the efficient 24 management of the schools and other educational, social, recreational 25 and business activities; provided, however, that in the city school 26 [districts] district of the [cities] city of Buffalo[, Rochester, and27Syracuse] appointment of associate, assistant and district superinten- 28 dents, and other supervising staff who are excluded from the right to 29 bargain collectively pursuant to article fourteen of the civil service 30 law shall, within the amounts budgeted for such positions, be by the 31 superintendent of such city school district; and to determine their 32 duties except as otherwise provided herein. 33 § 7-a. Subdivision 2-a of section 2554 of the education law, as 34 amended by section 16 of subpart F of part C of chapter 97 of the laws 35 of 2011, is amended to read as follows: 36 2-a. a. In its discretion to adopt a resolution establishing the 37 office of claims auditor and appoint a claims auditor who shall hold his 38 or her position subject to the pleasure of the board. In its discretion, 39 the board may adopt a resolution establishing one or more offices of 40 deputy claims auditor who shall act as claims auditor in the absence of 41 the claims auditor. Such claims auditor shall report directly to the 42 board of education. No person shall be eligible for appointment to the 43 office of claims auditor or deputy claims auditor who shall be 44 (1) a member of the board of education; 45 (2) a clerk or treasurer of the board of education; 46 (3) the superintendent of schools or other official of the district 47 responsible for business management; 48 (4) the person designated as purchasing agent; or 49 (5) clerical or professional personnel directly involved in accounting 50 and purchasing functions of the school district. 51 b. The positions of claims auditor or deputy claims auditor shall be 52 classified in the exempt class of civil service. The board of education, 53 at any time after the establishment of the office of claims auditor or 54 deputy claims auditor, may adopt a resolution abolishing the office; 55 provided, however, that the board of education of the city school 56 district of the city of Rochester shall not abolish such office. WhenA. 2569 22 1 the office of claims auditor shall have been established and a claims 2 auditor shall have been appointed and shall have qualified, the powers 3 and duties of the board of education with respect to auditing accounts, 4 charges, claims or demands against the city school district shall 5 devolve upon and thereafter be exercised by such claims auditor, during 6 the continuance of the office. The board of education shall be permitted 7 to delegate the claims audit function to one or more independent enti- 8 ties by using (1) inter-municipal cooperative agreements, or (2) inde- 9 pendent contractors, to fulfill this function. 10 c. When the board of education delegates the claims audit function 11 using an inter-municipal cooperative agreement, shared service author- 12 ized by section nineteen hundred fifty of this title, or an independent 13 contractor, the board shall be responsible for auditing all claims for 14 services from the entity providing the delegated claims auditor, either 15 directly or through a delegation to a different independent entity. 16 § 8. Subdivision 1 of section 2563 of the education law, as amended by 17 chapter 228 of the laws of 1971, is amended to read as follows: 18 1. The annual meeting of a board of education shall be held on the 19 second Tuesday in May, at four o'clock in the afternoon, at which meet- 20 ing the board shall select a president for the ensuing year, except that 21 the annual meeting of the board of education of the city school 22 [district] districts of the [city] cities of New York and Rochester 23 shall be held on the first Tuesday in July. 24 § 9. Section 2565 of the education law, as amended by chapter 687 of 25 the laws of 1949, subdivision 1 as amended by chapter 41 of the laws of 26 1996, subdivision 3 as added by chapter 302 of the laws of 1980 and such 27 section as renumbered by chapter 762 of the laws of 1950, is amended to 28 read as follows: 29 § 2565. Superintendent of schools, associate superintendents, board of 30 superintendents. 1. The superintendent or an associate superintendent 31 of schools of a city in office on June eighth, nineteen hundred seven- 32 teen, shall hold his or her position for the term for which he or she 33 was chosen and until his or her successor is chosen. A superintendent or 34 associate superintendent appointed after such date shall hold his or her 35 position in a city having a population of two hundred fifty thousand or 36 more for a period not to exceed four years from the date of his or her 37 appointment and in all cities subject to the pleasure of the board of 38 education, except that in all other cities the superintendent of schools 39 may be appointed for a term of not to exceed five years, provided that 40 the terms or provisions of any employment contract between the super- 41 intendent and the board of education relating to an increase in salary, 42 compensation or other benefits, shall not be based on or tied to the 43 terms of any contract or collective bargaining agreement that the board 44 of education has or will enter with the teachers or other employees of 45 the school district. 46 2. A superintendent or an associate superintendent may vacate his or 47 her position by filing a written resignation with the board of educa- 48 tion. No person shall be eligible to the position of superintendent of 49 schools, deputy superintendent of schools, associate superintendent of 50 schools, assistant superintendent of schools or other superintendent of 51 schools or member of a board of examiners in a city unless he or she 52 shall possess or be entitled to a superintendent's certificate as 53 provided in section three thousand three of this chapter. 54 [3. Notwithstanding the provisions of subdivisions one and two of this55section, the superintendent of schools of the Rochester city school56district shall serve at the pleasure of the board of education;A. 2569 23 1provided, however, that such term shall, in no event, exceed a period of2four years.] 3 § 10. Subdivision 6 of section 2566 of the education law, as amended 4 by chapter 27 of the laws of 2012, is amended to read as follows: 5 6. To have supervision and direction of associate, assistant, district 6 and other superintendents, directors, supervisors, principals, teachers, 7 lecturers, medical inspectors, nurses, claims auditors, deputy claims 8 auditors, attendance officers, janitors and other persons employed in 9 the management of the schools or the other educational activities of the 10 city authorized by this chapter and under the direction and management 11 of the board of education, except that in the city school [districts] 12 district of the [cities] city of Buffalo[, Rochester, and Syracuse] to 13 also appoint, within the amounts budgeted therefor, such associate, 14 assistant and district superintendents and all other supervising staff 15 who are excluded from the right to bargain collectively pursuant to 16 article fourteen of the civil service law; to transfer teachers from one 17 school to another, or from one grade of the course of study to another 18 grade in such course, and to report immediately such transfers to said 19 board for its consideration and action; to report to said board of 20 education violations of regulations and cases of insubordination, and to 21 suspend an associate, assistant, district or other superintendent, 22 director, supervisor, expert, principal, teacher or other employee until 23 the next regular meeting of the board, when all facts relating to the 24 case shall be submitted to the board for its consideration and action. 25 § 11. Subdivision 3 of section 2573 of the education law, as amended 26 by chapter 27 of the laws of 2012, is amended to read as follows: 27 3. Associate superintendents, examiners and all other employees 28 authorized by section twenty-five hundred fifty-four of this article, 29 except as otherwise provided in subdivision one of this section, shall 30 be appointed by the board of education except that in the city school 31 [districts] district of the [cities] city of Buffalo[, Rochester, and32Syracuse], the associate, assistant and district superintendents and all 33 other supervising staff who are excluded from the right to bargain 34 collectively pursuant to article fourteen of the civil service law shall 35 be appointed, within amounts budgeted therefor, by the superintendent of 36 such city school district. In a city having a population of one million 37 or more, such appointments shall be made on nomination of the super- 38 intendent of schools. Notwithstanding any other provision in this chap- 39 ter to the contrary, whenever an associate superintendent of schools in 40 the employ of the board of education in a city having a population of 41 one million or more fails of reappointment, said person shall be imme- 42 diately appointed an assistant superintendent of schools with permanent 43 appointment as said term permanent appointment is defined in subdivi- 44 sions four, five and six of this section. The salary of such assistant 45 superintendent shall be less than the salary of an associate superinten- 46 dent, but said differential in salary shall not exceed ten per centum of 47 the annual salary of an associate superintendent of schools. When, 48 however, an associate superintendent of schools who fails of reappoint- 49 ment has to his or her credit thirty or more years of city service 50 including ten or more years of service as such associate superintendent 51 of schools, he or she shall suffer no reduction of salary or of pension 52 prospects while serving as such assistant superintendent of schools. 53 § 12. Subdivision 2 of section 2576 of the education law, as amended 54 by section 8 of part B of chapter 57 of the laws of 2007, is amended to 55 read as follows:A. 2569 24 1 2. In the city school districts of Syracuse[, Rochester] and Yonkers 2 such estimate shall be filed with the mayor or city manager. Such offi- 3 cer shall place such estimate before the board of estimate and appor- 4 tionment or other similar body at the same time and in the same manner 5 as estimates from city departments or officers are placed before said 6 board or body, and such estimate shall thereafter be subject to the same 7 consideration, action and procedure as all other estimates from city 8 departments or officers and said board or body may increase, diminish or 9 reject any item contained in said estimate, except for fixed charges for 10 which the city is liable and subject to the limitations provided by 11 subdivision five-b of this section. When such estimate is adopted, the 12 said board or body shall file it with the common council. 13 § 13. The terms of office of the members of the board of education of 14 the city of Rochester elected and in office on the effective date of 15 this act shall expire June 30, 2019. On July 1, 2019, the mayor and the 16 common council of the city of Rochester shall appoint a board of educa- 17 tion for such city school district pursuant to section 2591-c of the 18 education law as added by section two of this act. The mayor shall 19 appoint two members for an initial two-year term; two members for an 20 initial three-year term; and one member for an initial four-year term. 21 The common council shall appoint one member for a two-year term, one 22 member for a three-year term, and two members for a four-year term. 23 After the initial staggered terms, all members shall serve three-year 24 terms. The members of the board of education established pursuant to 25 section 2591-c of the education law as added by section two of this act 26 shall take office July 1, 2019. 27 § 14. Notwithstanding any provisions of law to the contrary, the 28 board of education of the city school district of the city of Rochester 29 and the city school district of the city of Rochester, as established 30 pursuant to article 52 of the education law, are prohibited from re-neg- 31 otiating or otherwise amending any collective bargaining agreements or 32 other contracts that expire or end on a date after the board of educa- 33 tion, as established pursuant to section 2591-c of the education law, as 34 added by section two of this act, takes office. With respect to collec- 35 tive bargaining agreements that expire or end prior to the date that the 36 board of education, as established pursuant to section 2591-c of the 37 education law, as added by section two of this act, takes office, the 38 board of education or such city school district may only negotiate and 39 enter into a new contract for a period that ends on December 31, 2019. 40 With respect to contracts, other than collective bargaining agreements, 41 that expire or end prior to the date that the board of education, as 42 established pursuant to section 2591-c of the education law, as added by 43 section two of this act, takes office, or are entered into after the 44 effective date of this act, the board of education or such city school 45 district may only negotiate and enter into a new contract for a period 46 that ends sixty days after the date that the board of education, as 47 established pursuant to section 2591-c of the education law, as added by 48 section two of this act, takes office. 49 § 15. The provisions of article 52 of the education law shall continue 50 to apply to the city school district of the city of Rochester, provided, 51 however, that where any of the provisions of article 52-B of the educa- 52 tion law are inconsistent with the provisions of article 52 of the 53 education law pertaining to governance of the city of Rochester school 54 district, the provisions of article 52 of the education law shall be 55 superseded and the provisions of article 52-B of the education law shall 56 apply.A. 2569 25 1 § 16. Severability. If any clause, sentence, paragraph, section or 2 part of this act shall be adjudged by any court of competent jurisdic- 3 tion to be invalid and after exhaustion of all further judicial review, 4 the judgment shall not affect, impair or invalidate the remainder there- 5 of, but shall be confined in its operation to the clause, sentence, 6 paragraph, section or part of this act directly involved in the contro- 7 versy in which the judgment shall have been rendered. 8 § 17. This act shall take effect immediately; provided, however that 9 the amendments to the opening paragraph of section 2554 of the education 10 law made by section six of this act shall not affect the expiration of 11 such paragraph and shall expire on the same date as such paragraph 12 expires pursuant to section 34 of chapter 91 of the laws of 2002, as 13 amended, or expire and be deemed repealed June 30, 2024, whichever 14 occurs first; provided further that sections two, three, four, five, 15 seven, eight, nine, ten, eleven, twelve and fifteen of this act shall 16 expire and be deemed repealed June 30, 2024.
