A02230 Summary:

BILL NO    A02230 

SAME AS    No same as 

SPONSOR    Gantt

COSPNSR    

MLTSPNSR   

Add Art 52-B SS2591-a - 2591-j, amd SS2552, 2553, 2554, 2563, 2565, 2566, 2573
& 2576, Ed L; add Chap 17 SS17-1 - 17-4, Rochester City Chart

Provides for mayoral control of the city school district of Rochester;
establishes the independent education budget office.
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A02230 Actions:

BILL NO    A02230 

01/09/2013 referred to education
01/08/2014 referred to education
05/20/2014 held for consideration in education
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A02230 Votes:

There are no votes for this bill in this legislative session.
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A02230 Memo:

BILL NUMBER:A2230

TITLE OF BILL:
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 providing for the repeal of certain provisions
upon expiration thereof

Purpose:
This bill would establish a school governance model within the City of
Rochester to provide to provide for greater parental participation
and input, transparency, and accountability in relation to the
management and operation of the City School District, and would
provide the Mayor and the District Superintendent with greater
control over the management of the City School District.

Summary of Provisions:
Section 1 of the bill would establish the short title, "City of
Rochester School District Governance Reform Act."

Section 2 of the bill would amend the Education Law by adding-an
Article 52-B under Title 2 of the Education Law.

* S 2591-a. would establish the application of the article to the City
School District of the City of Rochester.

* S 2591-b. would provide for definitions.

* S 2591-c. would establish the Board of Education and its composition
and would establish city-wide councils on special education and
English language learners.

* S 2591-c (1) would continue the Boards' existence.

* S 2591-c (2) (a)-(c) would provide that the Board consist of nine
members. One from each of the four council districts of the City
appointed by the Common Council, five appointed by the Mayor, who
need to be residents of the City and requires members of the Board
posses the knowledge ,and education required to do this job
successfully.

* S 2591-c (3) would, provide that all members of the Board serve
three year terms, which are staggered, and would provide that a
member may be removed from office with good causes notice and an
opportunity to be heard: This section also would provide that a
vacancy be filled within thirty days and filed by the appointed
authority.

* S 2591-c-(4) would prohibit members of the Board to receive any
salary or stipend, would be reimbursed for certain costs.

* S 2591-c (5)(a) and (b) would require any member of the Board to be
a registered voter and would provide that the member cannot hold


office or be a candidate, of any other elective office at the same
time and would prohibit members from being employed by the City or
city district or be a member of any public corporation, authority in
which the Mayor has substantial control.

* S 2591-c (6) would require that the Board hold at least one regular
public meeting per month and at least one regular public meeting in
each of the council districts per year.

* S 2591-c (7) would require all members to Prepare and file financial
disclosure statements.

* S 2591-c (8)(a) would establish a city-wide council on special
education consisting of four members, one from each council district,
serving two year terms, and (b) would require that they hold the
requisite knowledge and expertise required to conduct their job
successfully.

* S 2591-c (8)(c) would give the city-wide council the power to advise
and comment on educational or instructional policies involving
students with disabilities; issue annual reports and hold regular
meetings open to the public that concern issues facing students with
disabilities.

* S 2591-c (9)(a) and (b) would establish a city-wide council on
English 'Language Learners consisting of four members, one from each
council district, serving two year terms, and would require that they
hold the requisite knowledge and expertise required to do this job
successfully.

* S 2591-c (9)(c) would give the city-wide council on English Language
Learners the power to advise and comment on any educational or
instructional policy involving bilingual or English as a second
language program as well as the power to issue an annual report and
to hold regular open meetings on issues facing English language
learners.

* S 2591-d (1)-(3) would establish the powers and duties of the Board
of Education, including advising the Superintendent on school
policies and any power of trusteeship that is imposed on them.

* S 2591-d (4) (a) and (b) would give the Board the power and duty to
approve standards, policies and objectives proposed by the
Superintendent and approve standards and polices authorized by
federal or state law, (c) approve protocols relating to school
closure,(d) approve procurement policies, (e) approve certain
expenses, (f) approve any plans by the Superintendent that relate to
instructional Materials, (g) approve the establishment of free
schooling that the Superintendent deems necessary, (h) authorize the
general course of study, (i) authorize and approve textbooks, (j)
promote the best interest of the schools, (k) approve transportation,
home-teaching and special classes, (i) approve any contracts that are
proposed by the Superintendent for the transportation of children,
(m) approve the provision for education of district residents (n)
approve the process for screening principals, and (o) approve the
process for the selection of members to the community schools
advisory councils.


* S 2591-d (5) would require that the Board adopt a policy proposed by
the Superintendent that promotes the recruitment and retention of a
diverse workforce and student body.

* S 2591-e (1) would provide for the appointment, powers and duties of
the Superintendent of Schools. The Superintendent would be employed
by the Mayor subject to confirmation of the common
a council. He or she would receive a salary fixed by the Mayor.

* S 2591-e (2) would provide the Superintendent with the power to (a)
be the chief executive officer of the city district, (b) control and
operate all pre-kindergarten, elementary, secondary and special
education schools programs and services, (c) promulgate minimum
educational standards and curriculum to all schools and programs
throughout the city district, (d) prepare the content of each course
of study authorized by the Board, (e) prepare and file a budget
estimate with the Mayor, (f) recommend suitable lists of text books,
(g) promulgate policies, (h) establish a process for selection of
school principals, (i) appoint and supervise certain employees, (j)
transfer teachers from one school to another, (k) supervise the
course of study, examination and promotion of students, and all
matters relating to the playground, parks, libraries, (l) promote the
involvement of all members of the community, (m) create standards
relating to the internal fiscal integrity of administrative
operations, (n) establish procedures for record keeping, (o) develop
procedures and policies and approve contracts awarded by the City,
(p) provide transportation, home-teaching or special classes for
physically or mentally disabled and delinquent children,
(q) hold regular public meetings in each council district, (r)
provide information relating to the City District, (s) issue annual
reports on the participation of minority and women owned business
enterprises in the City District, (t) propose a policy for Board
approval that promotes the recruitment of a workforce, (u) enforce
all provisions of law and policies relating to the management of the
schools, (v) create, abolish, and consolidate such positions,
divisions, boards or
bureaus as may be necessary, (w) provide care, custody, control and
safekeeping over school property, (x) establish and maintain
libraries, equip playgrounds, recreation centers, social centers and
reading rooms, (y) conduct and maintain extra classroom activities,
(z) purchase personal injury insurance, (aa) provide transportation
when there is a school sponsored filed trip or extracurricular
activity, (bb) prepare a school district report card, (cc) amend the
City district's five year capital facilities plan, (dd) use his or
her discretion to provide group insurance or policies, life
insurance, medical and health insurance to employees, and (ee)
develop a process for the selection of members to the Community
Schools Advisory Council.

* S 2591-e (3)(a) would require that the Superintendent develop a
protocol for school closings and in each proposal for school closing
include, (i) the school's academic performance, (ii) the. school's
responsiveness to previous school improvements or turnaround efforts,
and (iii) the current and projected pupil enrollment Of the school
and prospective need for such school buildings.


* S 2591-e (3)(b) would require the Superintendent to prepare a
school closure plan for each of the proposed closures and include:
(i) the ramifications of the closures on the community, (ii) the
costs and savings of such closings, (iii) the impacts of the closures
on students and the availability of other schools, (iv) any potential
use of the school buildings, (v) the Effect of the closure on
personal needs, and (vi) the type, age, and condition of the school
building.

* S 2591-e (3) (c) would require that any school closure proposal be
made available to the public.

* 2591-e (3) (d) would require that sixty days after a school closing
proposal the Superintendent hold a joint public hearing regarding the
closing.

* S 2591-e (3) (e) would require that the Superintendent make a
decision on all proposed school closures.

* S 2591-e (4) would require that the Superintendent conduct a finger
print and criminal history check on all prospective employees.

* S 2591-f would establish a Community Schools Advisory Council
("Advisory Council"), its composition, power and duties.

* S 2591-f (1)(a) would provide that the Advisory Council consist of
five members each of whom must be: (i) a resident of the Council
district, and (ii) an eligible voter, (iii) a parent of a child
attending a school located within the councils district or having
attended a school within that district within !he preceding year.

* S 2591-f (b) would provide that members of the Community School
Advisory Council serve a two-year term and would not be paid a salary
or stipend.

* S 2591-f (c) would allow the president of the parent teacher
association to select a member to vote in his place.

* S 2591-f (2)(a) would provide that the Superintendent would develop
selection procedures to attempt to ensure a membership that reflects
representatives within the Council and diversity of the student
population, the Superintendent shall also require financial
disclosure by appointees, establish policies prohibiting political
endorsements of campaign contributions and ensure the distribution of
guides to parents.

* S 2591-f (2)(b) would require that members of the Advisory Council be
selected on or before October thirty-first, two thousand and eleven.

* S 2591-f (2)(c) would require that one member of the advisory council
be the chair and also appoint a secretary who will: (i) prepare
meetings, notices, agendas and minutes, (ii) record and maintain
accounts of other advisory meetings, (iii) prepare briefing materials
and other such information.

* S 2591-f (3)(a) would provide that no member shall serve on more than
one council at one time and will not be eligible for any of the


councils if they hold any elective public offices or appointed party
position.

* S 2591-f (3)(b) would provide that a person will be permanently
ineligible for any of the council positions if he or she (i) perform
an act of malfeasance directly related to his or her services; or
(ii) is convicted of a crime which is related to their services.

* S 2591-f (4) would provide the powers and duties of the Advisory
Council. Specifically the Advisory council-would: (a) promote
achievements of educational standards and objectives, (b) review,
conduct public hearings and comment on budgetary and fiscal matters,
(c) conduct a joint hearing with the Superintendent regarding school
closings, (d) conduct regular meetings with the Superintendent, (e)
review Council districts educational programs,
(f) submit an annual evaluation of the Superintendent to the Mayor,
(g) provide input to the Superintendent as necessary, and (h) submit a
list to the Board of education of residents to be considered by such
board for membership.

* S 2591-g would provide for the appointment of teachers,
administrators, supervisors and other employees.

* S 2591-g (1) would provide that leachers and teaching staff shall be
appointed by the Superintendent and provides for the probationary
period for various teachers.

* S 2591-g (2) would provide that administrators, principals, directors
and supervisors and all other members of the supervising staff shall
be appointed by the Superintendent.

* S 2591-g (3) would provide that clerks, draftspersons, inspectors,
chemists, tabulating machine operators, secretaries, stenographers,
copyist, statisticians, janitors, custodians, custodian-engineers and
all others administrative employees of the
District would be appointed for the probationary period in the Civil
Service Law.

* S 2591-g (4) would require that principals, supervisors, directors
and teachers have the necessary qualifications required under this
chapter and also would give the Superintendent the ability to
prescribe higher qualifications.

* S 2591-g (5) would provide that a period of time when service is not
required would not be considered a break in the probationary period.

* S 2591-h (1) would provide that the school principal be the
administrative and instructional leader of the school.

* S 2591-h (2) would state that the Superintendent shall appoint school
principals.

* S 2591-h (3) would require the principal to be responsible for
day-to-day operation of the school and the principal would carry out
the following duties: (a) promote equal opportunity for the students,
(b) survey the environment of the school and its surroundings, and


(c) manage and operate the school building and other facilities under
his or her jurisdiction.

* S 2591-i (1) (a) would provide that the Superintendent prepare
annually an itemized estimate a the sum of Money that is necessary
for the school year and to file the report with the Mayor, who would
deliver it to the Common Council.

* S 2591-i (1) (b) would require that the Superintendent transmit the
estimate to each community schools advisory council before submitting
it to the Mayor.

* S 2591-i (1) (c) would provide that the estimate must include: (i)
salaries, (ii) all expenses, and (iii) remodeling of the building or
construction.

* S 2591-i (2) (a) would define "city funds," "city amount," and
"base year."

* S 2591-i (2) (b) would provide that the city amount shall not be less
that the city amount appropriated in the base year determined at the
time of adoption of the budget for the ensuing fiscal year and that
it shall not be less than the city amount expended in the base year
determined at the end of the school year.

* 2591-i (2) (c) would provide that the Mayor must certify to the
Commissioner that the city amount is in compliance with paragraph (b)
of this section.

* 2591-i (2) (d) would require that the school district audit report
be certified by an independent certified public accountant or
independent accountant.

* 2591-i (3) of this article provides that the Superintendent may
submit a special estimate in order to respond to emergencies which
may arise.

* S 2591-i (4) would state that the Board will not incur liability or
an expense chargeable against the funds under its control or to the
City.

* S 2591-j (1) would provide that all money coming from whatever
source for purposes to be used by the Board will be paid into the
treasury of the city and credited to the Board.

* S 2591-j (2) would provide that such funds will be disbursed by the
authority of the Board after a written order drawn on the City
Treasurer or other fiscal officer.

* S 2591-j (3) would provide that if there are fixed salaries, or
interest on indebtedness becomes due on lawful contracts then these
payments may be made without prior audit of the Board or claims
auditor. This section also would permit the Board to enter into a
contract with a bank or trust company to provide for the deposit of
the payroll of the School District.


* S 2591-j (4) would make it unlawful for the City Treasurer or other
officer to have control of funds 10 permit their use for another
purpose other then which they are authorized. It also would require
that the Beard make a classification of the funds under its
management and control and furnish any data in relation to the funds
and their disbursement.

Section 3 of this bill would amend the Charter of the City of
Rochester by adding a new Chapter 17, which would establish an
Independent Education Budget Office.

* S 17-1 would establish an Independent Education Budget Office that
would be headed by a director that is appointed by the Mayor upon the
recommendation of a special committee established for this purpose.

* S 17-2 (a) would provide that the special committee be made up of
five members, two appointed by the Mayor two by the common council
and one mutually agreed upon by the two and that all of the members
have the requisite knowledge to perform their duties successfully.

* S 17-2 (b) would provide that the special committee recommend three
candidates to the Mayor for their appointments.

* S 17-2 (c) would provide that the director of the committee be hired
solely on his qualifications, for a term of four years, and provides
measures for filling his or her vacancy.

* S 17-2 (d) would provide that the special committee dissolve after
the appointment of a director by the Mayor.

* S 17-3 (a) states that the director will provide the Mayor with
certain information including information with respect to the budget,
appropriation bills, proposed local law, information relating to the
changing revenue conditions and other information that may be
requested by such officials and bodies.

* S 17-3 (b) would require that the director issue regular reports in
order to enhance public and official understanding of certain matters.

* S 17-3 (c) would authorize the director to gather any data he needs,
except for privileged information, from the Mayor, Common Council,
departments and agencies that he needs to perform his duties, except
for privileged information.

* S 17-3 (d) would require that the director make information obtained
under this section available to the public to the extent practicable,
and be able to furnish them with a copy of such information or report
to another person with reasonable costs.

* S 17-4 would provide that the funding for expenses of the Independent
Education Budget Office during each year will not be less that five
percent of the appropriations to pay the expenses of the office of
management during the fiscal year.

Section 4 of this bill would amend Education Law S 2552 by adding an
Article 52-b to this Chapter.


Section 5 of this bill would makes changes to subdivisions 1,
2, 3, 4, 5, 6, 7, 8 and 9 of S 2553 of the Education Law to establish th
gender neutrality in the law.

Section 6 of this bill would amend Education Law S 2554 to exempt the
City of Rochester from certain provisions in this chapter.

Section 7 of this bill would amend Education Law S 2554 to add that
the Superintendent will have the power to appoint associates,
assistant and district superintendents, and other supervising staff
and list their duties rather than giving this authority to the Board.

Section 7-a of this bill would amend Education Law S 2554 to provide
that the Board shall not abolish the office of claims auditor.

Section 8 of this bill would amend Education Law S 2563 to require
that the annual meeting of the Board take place on the first Tuesday
in July.

Section 9 of this bill would amend Education Law S 2565 to allow the
Superintendent to serve at the pleasure of thy: Board but for a term
not to exceed four years.

Section 10 of this bill would amend Education Law S 2566-to permit the
Superintendent to appoint associates, assistant and district
superintendents and
all other supervising staff, to transfer and suspend teachers and to
report to the Board on specific regulations and cases of
insubordination.

Section 11 of this bill would amend Education Law S 2573 to end the
exemption on hiring of associate superintendents by the City of
Rochester outside of the collective bargaining process.

Section 12 of this bill would amend Education Law S 2576 to add the
City of Rochester to the list of cities that has to file an annual
estimate of costs with the mayor or city manager.

Section 13 of this bill would provide that the terms of the current
members of the Board of Education shall expire on June 30, 2011. The
bill also would provide the dates on which the Mayor and Board must
appoint the members of the Board, so they are staggered pursuant to
Education Law S 2591-c.

Section 14 of this bill would prohibit the City of Rochester from
renegotiating or amending any collective bargaining agreements or
other contracts that expire when this act takes effect. If the
agreement expires prior to the effect of this act, then the Board may
only negotiate and enter into a new contract for a period until
December 31, 2011.

Section 15 of this bill would provide that Article 52 of the Education
Law would continue to apply to the City of Rochester.

Section 16 of this bill would provide for a severability clause.

Section 17 of this bill would provide for the effective date.


Existing Law:
Currently, a school board is elected by the City of Rochester
residents. This board controls the school district. This bill would
provide for a shift in governance that would eliminate the existing
school board and cede control of the district to the city government.

Statement in Support:
The current educational system in the City of Rochester is broken. For
decades four-year graduation rates of the Rochester City School
District (RCSD) have hovered around 50% - reaching as low as 39% in
2007. Moreover, too many students who do graduate are not well
prepared for college. Of 346 city graduates who enrolled in Monroe
Community College four years ago, less than 9% received their degree
or certificate in the s:andard two years. Half of the City's high
schools are failing to meet basic standards established under the No
Child Left Behind Act. In some Rochester schools, more than 80% of the
students are failing to-attain the basic skills necessary to advance.
It is clear by these numbers that Rochester City schools are not
doing well.

These failures directly impact public safety nearly 70% of crime in
the city of Rochester is committed by high school dropouts. The
future of the City depends on its children, and they deserve a better
educational opportunity, which means that the community must demand
changes. Children and their parents must be the first priority of any
education system.

The State and the City have increased funding to address Rochester's
education problem for decades without measurable success. The City of
Rochester dedicates 73% of its property tax levy to the RCSD. When
combined with state and federal aid, the District spends between
$18,000 and $20,000 per student, each year. The City can no longer
afford to continue to overburden its taxpayers, whose median
household income is only $29,000 per year, to support a system that
has failed its children.

Change is needed now. The "City of Rochester School District
Governance Reform Act" would allow for a 5-year trial period to
provide that needed transformation. This legislation enables the
Education Commission, in consultation with four Community Schools
Advisory Councils, to develop policy changes that will indeed put
children first.

The Mayor would appoint five non-paid members to the Education
Commission, with the City Council adding four. This will create
greater accountability and oversight than the current diffuse system
that is spread out over seven elected School Board members. The
Mayor, as the Chief executive of the City, would be held accountable
for producing results.

The goals of this new management structure would include:

* Higher graduation rates;

* Increased safety measures for students and teachers;

* Guaranteed school choice for parents;


* Guaranteed transportation to neighborhood schools;

* Creation of true neighborhood schools with access to facilities and
resources on nights, weekends and during the summer;

* An effective anti-truancy intervention program;

* Performance and needs tracking for children K-12 and beyond;

* Comprehensive college readiness and vocational training programs;

* Greatly increased opportunities for parental involvement;

* Ending wasteful duplication and reinvesting the savings in the
classroom; and

* Increased accountability and accessibility of the entire-educational
system.

This school governance issue has been studied for decades. The time for
fundamental change is now. We cannot afford to lose another class of
students due to our inaction.

Budget Implications
There would be no cost to the State to implement this bill and there
will be a minimal cost to the local government to implement the new
Independent Education Budget Office.

Effective Date:
This bill would take effect immediately: provided, however that SS 2,
3, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 15 would take effect July 1, 2012
and the law would sunset and be deemed repealed June 30, 2017.
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A02230 Text:

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

                                         2230

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       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    S 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.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03744-01-3
       A. 2230                             2

    1    S 2591-A. APPLICATION OF ARTICLE. THIS ARTICLE SHALL APPLY TO THE CITY
    2  SCHOOL DISTRICT OF THE CITY OF ROCHESTER.
    3    S  2591-B.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
    4  SHALL MEAN:
    5    1. BOARD OF EDUCATION. THE TERM "BOARD OF EDUCATION" OR "BOARD"  SHALL
    6  MEAN  THE  BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF
    7  ROCHESTER,  ESTABLISHED  PURSUANT   TO   SECTION   TWENTY-FIVE   HUNDRED
    8  NINETY-ONE-C OF THIS ARTICLE.
    9    2. CITY. THE TERM "CITY" SHALL MEAN THE CITY OF ROCHESTER.
   10    3.  CITY DISTRICT. THE TERM "CITY DISTRICT" SHALL MEAN THE CITY SCHOOL
   11  DISTRICT OF THE CITY OF ROCHESTER.
   12    4. CLAIMS AUDITOR OR OFFICE OF CLAIMS AUDITOR. THE TERM "CLAIMS  AUDI-
   13  TOR"  OR  "OFFICE  OF  CLAIMS AUDITOR" SHALL MEAN THE OFFICE ESTABLISHED
   14  PURSUANT TO SUBDIVISION TWO-A OF SECTION TWENTY-FIVE HUNDRED  FIFTY-FOUR
   15  OF THIS TITLE.
   16    5.  COMMON  COUNCIL.  THE  TERM "COMMON COUNCIL" SHALL MEAN THE COMMON
   17  COUNCIL OF THE CITY OF ROCHESTER.
   18    6. COMMISSIONER. THE TERM "COMMISSIONER" SHALL MEAN  THE  COMMISSIONER
   19  OF THE STATE EDUCATION DEPARTMENT.
   20    7.  COUNCIL  DISTRICT. THE TERM "COUNCIL DISTRICT" SHALL MEAN THE FOUR
   21  DISTRICTS INTO WHICH THE CITY OF ROCHESTER IS DIVIDED  PURSUANT  TO  THE
   22  CHARTER  OF  SUCH  CITY  FOR  THE  PURPOSES OF ELECTING DISTRICT COUNCIL
   23  MEMBERS.
   24    8. COMMUNITY SCHOOLS ADVISORY COUNCIL.  THE  TERM  "COMMUNITY  SCHOOLS
   25  ADVISORY  COUNCIL" OR "ADVISORY COUNCIL" SHALL MEAN THE ADVISORY COUNCIL
   26  ESTABLISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS
   27  ARTICLE.
   28    9. MAYOR. THE TERM "MAYOR" SHALL MEAN THE MAYOR OF THE CITY OF ROCHES-
   29  TER.
   30    10. RSC BOARD. THE TERM "RSC  BOARD"  SHALL  MEAN  THE  JOINT  SCHOOLS
   31  CONSTRUCTION  BOARD OF THE CITY AND THE CITY SCHOOL DISTRICT ESTABLISHED
   32  PURSUANT TO CHAPTER FOUR HUNDRED SIXTEEN OF THE  LAWS  OF  TWO  THOUSAND
   33  SEVEN.
   34    11. SUPERINTENDENT OR SUPERINTENDENT OF SCHOOLS. THE TERM "SUPERINTEN-
   35  DENT"  OR  "SUPERINTENDENT  OF SCHOOLS" SHALL MEAN THE SUPERINTENDENT OF
   36  THE CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER.
   37    S 2591-C. BOARD OF EDUCATION; COMPOSITION; ESTABLISHMENT OF  CITY-WIDE
   38  COUNCILS  ON  SPECIAL  EDUCATION  AND ENGLISH LANGUAGE LEARNERS.  1. THE
   39  BOARD OF EDUCATION OF THE CITY OF ROCHESTER IS HEREBY CONTINUED.    SUCH
   40  BOARD  MAY BE COMMONLY KNOWN AND REFERRED TO AS THE EDUCATION COMMISSION
   41  OF THE CITY OF ROCHESTER.
   42    2. THE BOARD SHALL CONSIST OF NINE MEMBERS, AS FOLLOWS:
   43    (A) ONE MEMBER FROM EACH OF THE FOUR COUNCIL DISTRICTS  OF  THE  CITY,
   44  APPOINTED  BY THE COMMON COUNCIL, WHO SHALL BE A RESIDENT OF THE COUNCIL
   45  DISTRICT;
   46    (B) FIVE MEMBERS, APPOINTED BY THE MAYOR, WHO SHALL  BE  RESIDENTS  OF
   47  THE CITY;
   48    (C) ALL MEMBERS SHALL POSSESS EXTENSIVE EDUCATIONAL, BUSINESS OR TRADE
   49  EXPERIENCE AND KNOWLEDGE, AND MAKE A SIGNIFICANT CONTRIBUTION TO IMPROV-
   50  ING THE EDUCATION OF THE STUDENTS OF THE CITY DISTRICT.
   51    3.  ALL  MEMBERS  SHALL  SERVE THREE YEAR TERMS.   THE TERMS OF OFFICE
   52  SHALL BE STAGGERED PURSUANT TO SECTION THIRTEEN OF THE  CHAPTER  OF  THE
   53  LAWS  OF  TWO THOUSAND THIRTEEN THAT ADDED THIS ARTICLE. A MEMBER MAY BE
   54  REMOVED FROM OFFICE BY THE APPOINTING AUTHORITY DURING HIS OR  HER  TERM
   55  FOR  GOOD  CAUSE  SHOWN,  AFTER  NOTICE AND OPPORTUNITY TO BE HEARD.   A
   56  MEMBER WHO REFUSES OR FAILS TO ATTEND THREE SUCCESSIVE MEETINGS OF  SUCH
       A. 2230                             3

    1  BOARD  VACATES HIS OR HER OFFICE BY REFUSAL TO SERVE.  ANY VACANCY SHALL
    2  BE FILLED BY THE APPOINTING AUTHORITY WITHIN THIRTY DAYS OF THE VACANCY.
    3    4.  MEMBERS  SHALL NOT BE PAID A SALARY OR STIPEND, BUT SHALL BE REIM-
    4  BURSED FOR ALL ACTUAL AND NECESSARY EXPENSES  DIRECTLY  RELATED  TO  THE
    5  DUTIES AND RESPONSIBILITIES OF THE BOARD.  THE MAYOR SHALL ASSIGN APPRO-
    6  PRIATE STAFF AND OFFICES TO THE MEMBERS OF THE BOARD.
    7    5.    (A)  NO PERSON SHALL BE ELIGIBLE FOR THE OFFICE OF MEMBER OF THE
    8  BOARD WHO IS NOT A QUALIFIED VOTER UNDER SECTION 5-102 OF  THE  ELECTION
    9  LAW  OF SUCH CITY SCHOOL DISTRICT. NO PERSON SHALL HOLD AT THE SAME TIME
   10  THE OFFICE OF MEMBER OF THE BOARD AND  ANY  OTHER  ELECTIVE  OFFICE  NOR
   11  SHALL  SUCH  PERSON  BE A CANDIDATE FOR ANY OTHER ELECTIVE OFFICE AT THE
   12  SAME TIME HE OR SHE IS A MEMBER OF THE BOARD.
   13    (B) NO APPOINTED MEMBER OF THE BOARD SHALL BE EMPLOYED BY THE CITY  OR
   14  THE  CITY  DISTRICT  OR  SHALL  BE  A  MEMBER OF ANY PUBLIC CORPORATION,
   15  AUTHORITY, COMMISSION OR ENTITY IN WHICH THE MAYOR  HAS  A  MAJORITY  OF
   16  APPOINTMENTS  INCLUDING  THE  ROCHESTER JOINT SCHOOLS CONSTRUCTION BOARD
   17  ESTABLISHED PURSUANT TO CHAPTER FOUR HUNDRED SIXTEEN OF THE LAWS OF  TWO
   18  THOUSAND SEVEN.
   19    6. THE BOARD SHALL HOLD AT LEAST ONE REGULAR PUBLIC MEETING PER MONTH.
   20  AT LEAST ONE REGULAR PUBLIC MEETING SHALL BE HELD IN EACH OF THE COUNCIL
   21  DISTRICTS PER YEAR. THE BOARD SHALL CONSIDER APPROPRIATE PUBLIC ACCOMMO-
   22  DATIONS  WHEN  SELECTING  A  VENUE  SO  AS  TO MAXIMIZE PARTICIPATION BY
   23  PARENTS AND THE COMMUNITY. NOTICE OF THE TIME, PLACE AND AGENDA FOR  ALL
   24  BOARD  REGULAR PUBLIC MEETINGS SHALL BE PUBLICLY PROVIDED, INCLUDING VIA
   25  THE BOARD'S OFFICIAL INTERNET WEB SITE, AT LEAST TEN  BUSINESS  DAYS  IN
   26  ADVANCE OF SUCH MEETING.
   27    7. ALL MEMBERS SHALL BE REQUIRED TO PREPARE AND FILE FINANCIAL DISCLO-
   28  SURE STATEMENTS PURSUANT TO THE CHARTER OF THE CITY OF ROCHESTER.
   29    8. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON SPECIAL EDUCATION CREATED
   30  PURSUANT  TO  THIS  SECTION.  THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION
   31  SHALL CONSIST OF FOUR MEMBERS, ONE FROM EACH COUNCIL DISTRICT,  SELECTED
   32  BY THE BOARD OF EDUCATION IN ACCORDANCE WITH THIS PARAGRAPH. EACH COMMU-
   33  NITY  SCHOOLS  ADVISORY  COUNCIL  SHALL SUBMIT A LIST OF NOMINEES TO THE
   34  BOARD OF EDUCATION FOR CONSIDERATION AND  THE  BOARD  SHALL  SELECT  ONE
   35  PERSON  FROM  EACH SUCH SUBMITTED LIST TO SERVE ON THE CITY-WIDE COUNCIL
   36  ON SPECIAL EDUCATION. MEMBERS OF THE CITY-WIDE COUNCIL ON SPECIAL EDUCA-
   37  TION SHALL SERVE A TWO YEAR TERM. VACANCIES SHALL BE FILLED BY THE BOARD
   38  OF EDUCATION FOR AN UNEXPIRED TERM  IN  ACCORDANCE  WITH  THE  SELECTION
   39  PROCESS ESTABLISHED BY THIS PARAGRAPH.
   40    (B)  THE  BOARD  OF  EDUCATION SHALL SELECT INDIVIDUALS WITH EXTENSIVE
   41  EXPERIENCE AND KNOWLEDGE IN THE EDUCATION OF INDIVIDUALS WITH  DISABILI-
   42  TIES  WHO  WILL  MAKE  A  SIGNIFICANT  CONTRIBUTION TO IMPROVING SPECIAL
   43  EDUCATION IN THE CITY DISTRICT, INCLUDING PARENTS OF STUDENTS WITH INDI-
   44  VIDUALIZED EDUCATION PROGRAMS.
   45    (C) THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION SHALL  HAVE  THE  POWER
   46  TO:
   47    (I)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
   48  INVOLVING THE PROVISION OF SERVICES FOR STUDENTS WITH DISABILITIES;
   49    (II) ADVISE AND COMMENT ON  THE  PROCESS  OF  ESTABLISHING  COMMITTEES
   50  AND/OR  SUBCOMMITTEES ON SPECIAL EDUCATION IN THE CITY DISTRICT PURSUANT
   51  TO SECTION FORTY-FOUR HUNDRED TWO OF THIS CHAPTER;
   52    (III) ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY DISTRICT
   53  IN PROVIDING SERVICES TO STUDENTS WITH DISABILITIES AND MAKE RECOMMENDA-
   54  TIONS, AS APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY  OF
   55  SUCH SERVICES; AND
       A. 2230                             4

    1    (IV) HOLD REGULAR MEETINGS OPEN TO THE PUBLIC, DURING WHICH THE PUBLIC
    2  MAY DISCUSS ISSUES FACING STUDENTS WITH DISABILITIES.
    3    9. (A) THERE SHALL BE A CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS
    4  CREATED  PURSUANT  TO  THIS  SECTION.  THE  CITY-WIDE COUNCIL ON ENGLISH
    5  LANGUAGE LEARNERS SHALL CONSIST OF FOUR MEMBERS, ONE FROM  EACH  COUNCIL
    6  DISTRICT,  SELECTED  BY  THE  BOARD OF EDUCATION IN ACCORDANCE WITH THIS
    7  PARAGRAPH. EACH COMMUNITY SCHOOLS ADVISORY COUNCIL SHALL SUBMIT  A  LIST
    8  OF  NOMINEES  TO  THE BOARD OF EDUCATION FOR CONSIDERATION AND THE BOARD
    9  SHALL SELECT ONE PERSON FROM EACH SUCH SUBMITTED LIST TO  SERVE  ON  THE
   10  CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS. MEMBERS OF THE CITY-WIDE
   11  COUNCIL ON ENGLISH LANGUAGE LEARNERS SHALL SERVE A TWO YEAR TERM. VACAN-
   12  CIES  SHALL BE FILLED BY THE BOARD OF EDUCATION FOR AN UNEXPIRED TERM IN
   13  ACCORDANCE WITH THE SELECTION PROCESS ESTABLISHED BY THIS PARAGRAPH.
   14    (B) THE BOARD OF EDUCATION SHALL  SELECT  INDIVIDUALS  WITH  EXTENSIVE
   15  EXPERIENCE  AND  KNOWLEDGE IN THE EDUCATION OF ENGLISH LANGUAGE LEARNERS
   16  WHO WILL MAKE A SIGNIFICANT  CONTRIBUTION  TO  IMPROVING  BILINGUAL  AND
   17  ENGLISH  AS  A  SECOND LANGUAGE PROGRAMS IN THE CITY DISTRICT, INCLUDING
   18  PARENTS OF STUDENTS WHO RECEIVE SUCH SERVICES.
   19    (C) THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS SHALL HAVE  THE
   20  POWER TO:
   21    (I)  ADVISE  AND  COMMENT  ON  ANY EDUCATIONAL OR INSTRUCTIONAL POLICY
   22  INVOLVING BILINGUAL OR ENGLISH AS A SECOND LANGUAGE PROGRAMS;
   23    (II) ISSUE AN ANNUAL REPORT ON THE EFFECTIVENESS OF THE CITY  DISTRICT
   24  IN  PROVIDING SERVICES TO ENGLISH LANGUAGE LEARNERS AND MAKE RECOMMENDA-
   25  TIONS, AS APPROPRIATE, ON HOW TO IMPROVE THE EFFICIENCY AND DELIVERY  OF
   26  SUCH SERVICES; AND
   27    (III)  HOLD  REGULAR  MEETINGS  OPEN  TO  THE PUBLIC, DURING WHICH THE
   28  PUBLIC MAY DISCUSS ISSUES FACING ENGLISH LANGUAGE LEARNERS.
   29    S 2591-D. BOARD OF EDUCATION; POWERS AND DUTIES. 1.  THE  BOARD  SHALL
   30  ADVISE  THE SUPERINTENDENT ON MATTERS OF POLICY AFFECTING THE WELFARE OF
   31  THE CITY SCHOOL DISTRICT AND ITS PUPILS. THE  BOARD  SHALL  EXERCISE  NO
   32  EXECUTIVE POWER AND PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTIONS.
   33    2.  THE  BOARD SHALL PERFORM ANY DUTY IMPOSED UPON BOARDS OF EDUCATION
   34  OR TRUSTEES OF COMMON SCHOOLS UNDER THIS CHAPTER OR OTHER  STATUTES,  OR
   35  THE  RULES  OF THE REGENTS AND REGULATIONS OF THE COMMISSIONER SO FAR AS
   36  THEY MAY BE APPLICABLE TO THE SCHOOL OR OTHER EDUCATIONAL AFFAIRS  OF  A
   37  CITY, AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
   38    3.  EXCEPT  AS OTHERWISE PROVIDED IN THIS ARTICLE, THE BOARD SHALL FOR
   39  ALL PURPOSES BE  THE  GOVERNMENT  OR  PUBLIC  EMPLOYER  OF  ALL  PERSONS
   40  APPOINTED OR ASSIGNED TO WORK FOR THE CITY DISTRICT.
   41    4. THE BOARD SHALL ALSO HAVE THE POWER AND DUTY TO:
   42    (A) APPROVE STANDARDS, POLICIES, AND OBJECTIVES PROPOSED BY THE SUPER-
   43  INTENDENT  DIRECTLY  RELATED  TO  EDUCATIONAL  ACHIEVEMENT  AND  STUDENT
   44  PERFORMANCE;
   45    (B) APPROVE ANY OTHER STANDARDS, POLICIES, AND OBJECTIVES  AS  SPECIF-
   46  ICALLY AUTHORIZED OR REQUIRED BY FEDERAL OR STATE LAW OR REGULATION;
   47    (C)  APPROVE  A  PROTOCOL  DEVELOPED BY THE SUPERINTENDENT RELATING TO
   48  SCHOOL CLOSURES PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E  OF
   49  THIS ARTICLE;
   50    (D)  APPROVE  A  PROCUREMENT  POLICY  DEVELOPED  BY THE SUPERINTENDENT
   51  PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE;
   52    (E) APPROVE THE PURCHASE  OF  SUCH  APPARATUS,  MAPS,  GLOBES,  BOOKS,
   53  FURNITURE  AND  OTHER EQUIPMENT AND SUPPLIES AS MAY BE NECESSARY FOR THE
   54  PROPER AND EFFICIENT MANAGEMENT OF THE SCHOOLS  AND  OTHER  EDUCATIONAL,
   55  SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS IN THE CITY DISTRICT;
       A. 2230                             5

    1    (F)  APPROVE A PLAN DEVELOPED BY THE SUPERINTENDENT TO ENSURE THAT ALL
    2  INSTRUCTIONAL MATERIALS TO BE USED IN THE SCHOOLS OF  THE  DISTRICT  ARE
    3  AVAILABLE  IN  A USABLE ALTERNATIVE FORMAT FOR EACH STUDENT WITH A DISA-
    4  BILITY, AS DEFINED IN SECTION FORTY-FOUR HUNDRED ONE  OF  THIS  CHAPTER,
    5  AND  FOR EACH STUDENT WHO IS A QUALIFIED INDIVIDUAL WITH A DISABILITY AS
    6  DEFINED IN THE REHABILITATION ACT OF NINETEEN HUNDRED  NINETY-THREE  (29
    7  U.S.C. 701), AS AMENDED, IN ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS
    8  AND  COURSE  SELECTION, AT THE SAME TIME AS SUCH INSTRUCTIONAL MATERIALS
    9  ARE AVAILABLE TO NON-DISABLED STUDENTS. AS PART OF SUCH PLAN, THE SUPER-
   10  INTENDENT SHALL AMEND THE CITY DISTRICT'S PROCUREMENT POLICIES TO GIVE A
   11  PREFERENCE IN THE PURCHASE OF INSTRUCTIONAL  MATERIALS  TO  VENDORS  WHO
   12  AGREE  TO PROVIDE MATERIALS IN ALTERNATIVE FORMATS. FOR PURPOSES OF THIS
   13  SUBDIVISION, "ALTERNATIVE FORMAT" SHALL MEAN ANY MEDIUM  OR  FORMAT  FOR
   14  THE  PRESENTATION  OF  INSTRUCTIONAL MATERIALS, OTHER THAN A TRADITIONAL
   15  PRINT TEXTBOOK, THAT IS  NEEDED  AS  AN  ACCOMMODATION  FOR  A  DISABLED
   16  STUDENT  ENROLLED  IN  THE SCHOOL DISTRICT, INCLUDING BUT NOT LIMITED TO
   17  BRAILLE, LARGE PRINT, OPEN AND CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC
   18  FILE IN AN APPROVED FORMAT, AS DEFINED IN THE REGULATIONS OF THE COMMIS-
   19  SIONER.  WHEN AN ELECTRONIC FILE IS PROVIDED, THE PLAN SHALL SPECIFY HOW
   20  THE FORMAT WILL BE ACCESSED BY STUDENTS AND/OR HOW  THE  DISTRICT  SHALL
   21  CONVERT  TO  AN ACCESSIBLE FORMAT. SUCH PLAN SHALL IDENTIFY THE NEEDS OF
   22  STUDENTS RESIDING IN THE DISTRICT FOR ALTERNATIVE FORMAT MATERIALS. SUCH
   23  PLAN SHALL ALSO SPECIFY ORDERING TIMELINES TO  ENSURE  THAT  ALTERNATIVE
   24  FORMAT  MATERIALS ARE AVAILABLE AT THE SAME TIME AS REGULAR FORMAT MATE-
   25  RIALS.   SUCH PLANS SHALL INCLUDE PROCEDURES  TO  ADDRESS  THE  NEED  TO
   26  OBTAIN  MATERIALS  IN  ALTERNATIVE  FORMAT  WITHOUT  DELAY  FOR DISABLED
   27  STUDENTS WHO MOVE INTO THE SCHOOL DISTRICT DURING THE SCHOOL YEAR;
   28    (G) APPROVE THE ESTABLISHMENT OF SUCH FREE  ELEMENTARY  SCHOOLS,  HIGH
   29  SCHOOLS, TRAINING SCHOOLS, VOCATIONAL AND INDUSTRIAL SCHOOLS, KINDERGAR-
   30  TENS,  NURSERY  SCHOOLS,  TECHNICAL SCHOOLS, NIGHT SCHOOLS, PART-TIME OR
   31  CONTINUATION SCHOOLS, VOCATION SCHOOLS, SCHOOLS FOR ADULTS, SCHOOLS  FOR
   32  PHYSICALLY  OR MENTALLY HANDICAPPED OR DELINQUENT CHILDREN OR SUCH OTHER
   33  SCHOOLS OR CLASSES AS THE SUPERINTENDENT SHALL DEEM  NECESSARY  TO  MEET
   34  THE NEEDS AND DEMANDS OF THE CITY;
   35    (H) AUTHORIZE THE GENERAL COURSES OF STUDY WHICH SHALL BE GIVEN IN THE
   36  SCHOOLS  AND  TO  APPROVE THE CONTENT OF SUCH COURSES BEFORE THEY BECOME
   37  OPERATIVE;
   38    (I) AUTHORIZE AND APPROVE THE TEXTBOOKS TO  BE  USED  IN  THE  SCHOOLS
   39  UNDER ITS JURISDICTION;
   40    (J)  PERFORM SUCH OTHER DUTIES AND POSSESS SUCH OTHER POWERS AS MAY BE
   41  REQUIRED TO ADMINISTER THE AFFAIRS PLACED UNDER ITS CONTROL AND  MANAGE-
   42  MENT, TO EXECUTE ALL POWERS VESTED IN IT, AND TO PROMOTE THE BEST INTER-
   43  ESTS OF THE SCHOOLS AND OTHER ACTIVITIES COMMITTED TO ITS CARE;
   44    (K)  APPROVE  TRANSPORTATION,  HOME-TEACHING  OR  SPECIAL  CLASSES, AS
   45  DEFINED UNDER SECTIONS FORTY-FOUR HUNDRED ONE AND FORTY-FOUR HUNDRED TWO
   46  OF THIS CHAPTER FOR PHYSICALLY OR MENTALLY  HANDICAPPED  AND  DELINQUENT
   47  CHILDREN.  SUCH  TRANSPORTATION,  HOME-TEACHING OR SPECIAL CLASSES, WHEN
   48  PROVIDED PURSUANT TO THIS SUBDIVISION, SHALL  BE  GRANTED  TO  ALL  SUCH
   49  CHILDREN IRRESPECTIVE OF THE SCHOOL THEY LEGALLY ATTEND;
   50    (L) APPROVE ANY CONTRACT PROPOSED BY THE SUPERINTENDENT FOR THE TRANS-
   51  PORTATION  OF CHILDREN TO AND FROM ANY SCHOOL OR INSTITUTION OF LEARNING
   52  WHENEVER IN THE JUDGMENT OF THE SUPERINTENDENT  SUCH  TRANSPORTATION  IS
   53  REQUIRED BECAUSE OF THE REMOTENESS OF THE SCHOOL TO THE PUPIL OR FOR THE
   54  PROMOTION OF THE BEST INTERESTS OF SUCH CHILDREN.  ANY SUCH CONTRACT MAY
   55  BE  MADE  FOR  A  PERIOD  NOT  EXCEEDING FIVE YEARS, NOTWITHSTANDING ANY
   56  PROVISION OF STATE OR LOCAL LAW;
       A. 2230                             6

    1    (M) APPROVE, OUTSIDE THE TERRITORIAL LIMITS OF THE CITY  DISTRICT  BUT
    2  WITHIN  THE  STATE OR WITHIN AN ADJOINING STATE, THE PROVISION OF EDUCA-
    3  TION FOR CHILDREN RESIDENT WITHIN THE  CITY  DISTRICT  WHENEVER  IN  THE
    4  JUDGMENT  OF  THE  BOARD,  APPROVED  BY  THE COMMISSIONER, THE HEALTH OR
    5  WELFARE  OF  SUCH  CHILDREN MAKES SUCH PROVISION NECESSARY OR DESIRABLE,
    6  AND THE AVERAGE DAILY ATTENDANCE OF SUCH PUPILS SHALL BE INCLUDED IN THE
    7  AVERAGE DAILY ATTENDANCE OF SUCH DISTRICT AS CERTIFIED  TO  THE  COMMIS-
    8  SIONER IN THE REPORT OF THE BOARD;
    9    (N)  APPROVE  THE  PROCESS  DEVELOPED  BY  THE  SUPERINTENDENT FOR THE
   10  RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES  FOR  SCHOOL  PRINCI-
   11  PALS; AND
   12    (O)  APPROVE  THE  PROCESSES  DEVELOPED  BY THE SUPERINTENDENT FOR THE
   13  SELECTION OF MEMBERS TO THE COMMUNITY SCHOOLS ADVISORY COUNCILS PURSUANT
   14  TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
   15    5. THE BOARD SHALL ADOPT A POLICY PROPOSED BY THE SUPERINTENDENT  THAT
   16  PROMOTES  THE  RECRUITMENT  AND  RETENTION  OF  A  WORKFORCE AT THE CITY
   17  DISTRICT THAT CONSIDERS THE DIVERSITY  OF  THE  STUDENTS  ATTENDING  THE
   18  PUBLIC  SCHOOLS  WITHIN  THE  CITY DISTRICT. THE BOARD SHALL REVIEW AT A
   19  REGULAR PUBLIC MEETING AN ANNUAL REPORT  ISSUED  BY  THE  SUPERINTENDENT
   20  OUTLINING  THE  INITIATIVES  TAKEN  TO  ENHANCE  DIVERSITY AND EQUITY IN
   21  RECRUITMENT AND RETENTION AND THE IMPACTS OF  SUCH  INITIATIVES  TO  THE
   22  CITY WORKFORCE.
   23    S  2591-E.  SUPERINTENDENT OF SCHOOLS; APPOINTMENT; POWERS AND DUTIES.
   24  1. THE SUPERINTENDENT OF SCHOOLS SHALL SERVE AT THE PLEASURE OF  AND  BE
   25  EMPLOYED  BY  THE MAYOR, SUBJECT TO THE CONFIRMATION OF THE COMMON COUN-
   26  CIL.  THE SUPERINTENDENT SHALL RECEIVE A SALARY TO BE FIXED BY THE MAYOR
   27  WITHIN THE BUDGETARY ALLOCATION THEREFOR.   THE  SUPERINTENDENT  MAY  BE
   28  REMOVED BY THE MAYOR WITHOUT PRIOR APPROVAL OF THE COMMON COUNCIL.
   29    2. THE SUPERINTENDENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
   30    (A)  TO BE THE CHIEF EXECUTIVE OFFICER OF THE CITY DISTRICT, AND SHALL
   31  BE A NON-VOTING EX OFFICIO MEMBER OF THE BOARD.
   32    (B) CONTROL AND OPERATE ALL  PRE-KINDERGARTEN,  ELEMENTARY,  SECONDARY
   33  AND SPECIAL EDUCATION SCHOOLS, PROGRAMS AND SERVICES UNDER THE JURISDIC-
   34  TION OF THE CITY DISTRICT.
   35    (C)   PROMULGATE   MINIMUM  CLEAR  EDUCATIONAL  STANDARDS,  CURRICULUM
   36  REQUIREMENTS AND FRAMEWORKS AND MANDATORY EDUCATIONAL OBJECTIVES  APPLI-
   37  CABLE  TO  ALL  SCHOOLS  AND  PROGRAMS THROUGHOUT THE CITY DISTRICT, AND
   38  EXAMINE AND EVALUATE PERIODICALLY ALL SUCH  SCHOOLS  AND  PROGRAMS  WITH
   39  RESPECT TO:
   40    (I) COMPLIANCE WITH SUCH EDUCATIONAL STANDARDS AND OTHER REQUIREMENTS,
   41  AND
   42    (II)  THE EDUCATIONAL EFFECTIVENESS OF SUCH SCHOOLS AND PROGRAMS, IN A
   43  MANNER NOT INCONSISTENT WITH THE POLICIES OF THE BOARD.
   44    (D) PREPARE THE CONTENT OF EACH COURSE  OF  STUDY  AUTHORIZED  BY  THE
   45  BOARD.  THE  CONTENT OF EACH SUCH COURSE SHALL BE SUBMITTED TO THE BOARD
   46  FOR ITS APPROVAL AND, WHEN APPROVED, THE SUPERINTENDENT SHALL CAUSE SUCH
   47  COURSES OF STUDY TO BE USED IN THE GRADES, CLASSES AND SCHOOLS FOR WHICH
   48  THEY ARE AUTHORIZED.
   49    (E) PREPARE AND FILE A BUDGET ESTIMATE WITH THE  MAYOR  FOR  THE  CITY
   50  DISTRICT  PURSUANT  TO  SECTION TWENTY-FIVE HUNDRED NINETY-ONE-I OF THIS
   51  ARTICLE.
   52    (F) RECOMMEND SUITABLE LISTS OF TEXTBOOKS TO BE USED IN THE SCHOOLS.
   53    (G) PROMULGATE  POLICIES  ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
   54  ADMINISTRATIVE QUALIFICATIONS, PERFORMANCE RECORD CRITERIA, AND PERFORM-
   55  ANCE STANDARDS FOR THE POSITIONS OF PRINCIPAL.
       A. 2230                             7

    1    (H) ESTABLISH, SUBJECT TO THE APPROVAL OF THE BOARD, A PUBLICLY INCLU-
    2  SIVE  PROCESS FOR THE RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES
    3  FOR SCHOOL PRINCIPALS.
    4    (I)  APPOINT  AND HAVE SUPERVISION AND DIRECTION OF ASSOCIATE, ASSIST-
    5  ANT, AND  OTHER  SUPERINTENDENTS,  DIRECTORS,  SUPERVISORS,  PRINCIPALS,
    6  TEACHERS,  ATTENDANCE  OFFICERS,  JANITORS AND OTHER PERSONS EMPLOYED IN
    7  THE MANAGEMENT OF THE SCHOOLS OR THE OTHER EDUCATIONAL ACTIVITIES OF THE
    8  CITY AUTHORIZED BY THIS ARTICLE.
    9    (J) TRANSFER TEACHERS FROM ONE SCHOOL TO ANOTHER, OR FROM ONE GRADE OF
   10  THE COURSE OF STUDY TO ANOTHER GRADE IN SUCH COURSE, AND TO  SUSPEND  AN
   11  ASSOCIATE,  ASSISTANT  OR  OTHER  SUPERINTENDENT,  DIRECTOR, SUPERVISOR,
   12  PRINCIPAL, TEACHER OR OTHER EMPLOYEE UNTIL  SUCH  TIME  WHEN  ALL  FACTS
   13  RELATING  TO  THE CASE SHALL BE SUBMITTED TO THE BOARD FOR ITS CONSIDER-
   14  ATION AND ACTION.
   15    (K) HAVE SUPERVISION AND DIRECTION OVER THE ENFORCEMENT AND OBSERVANCE
   16  OF THE COURSES OF STUDY, THE EXAMINATION AND PROMOTION  OF  PUPILS,  AND
   17  OVER  ALL  OTHER  MATTERS PERTAINING TO PLAYGROUNDS, MEDICAL INSPECTION,
   18  RECREATION AND SOCIAL CENTER WORK, LIBRARIES,  LECTURES  AND  ALL  OTHER
   19  EDUCATIONAL  ACTIVITIES AND INTEREST UNDER THE MANAGEMENT, DIRECTION AND
   20  CONTROL OF THE BOARD.
   21    (L) PROMOTE THE INVOLVEMENT AND APPROPRIATE INPUT OF  ALL  MEMBERS  OF
   22  THE  SCHOOL  COMMUNITY,  INCLUDING  PARENTS,  TEACHERS, AND OTHER SCHOOL
   23  PERSONNEL,  INCLUDING,  ESTABLISHING  A  PARENTS'   ASSOCIATION   OR   A
   24  PARENT-TEACHERS' ASSOCIATION IN EACH SCHOOL IN THE CITY DISTRICT.
   25    (M)  CREATE  STANDARDS,  POLICIES  AND  OBJECTIVES DIRECTLY RELATED TO
   26  MAINTAINING THE INTERNAL FISCAL INTEGRITY OF  ADMINISTRATIVE  OPERATIONS
   27  OF THE CITY DISTRICT.
   28    (N)  ESTABLISH  UNIFORM  PROCEDURES FOR RECORD KEEPING, ACCOUNTING AND
   29  REPORTING THROUGHOUT THE CITY DISTRICT, INCLUDING PUPIL RECORD  KEEPING,
   30  ACCOUNTING AND REPORTING.
   31    (O) DEVELOP, SUBJECT TO THE APPROVAL OF THE BOARD, A PROCUREMENT POLI-
   32  CY  FOR THE CITY DISTRICT, CONSISTENT WITH THE PROVISIONS OF SECTION ONE
   33  HUNDRED THREE OF THE GENERAL MUNICIPAL LAW, WHICH POLICY  SHALL  INCLUDE
   34  PROVISIONS  FOR  EMERGENCY  PROCUREMENTS;  A  PLAN  TO  ENSURE  THAT ALL
   35  INSTRUCTIONAL MATERIALS ARE AVAILABLE IN A USABLE ALTERNATIVE FORMAT FOR
   36  DISABLED STUDENTS PURSUANT TO SUBDIVISION FOUR  OF  SECTION  TWENTY-FIVE
   37  HUNDRED  NINETY-ONE-D  OF  THIS  ARTICLE;  AND  SHALL  ALSO  INCLUDE THE
   38  REQUIREMENT THAT THE BOARD MUST APPROVE ANY CONTRACT AWARDED BY THE CITY
   39  DISTRICT OR THE SUPERINTENDENT WHERE:
   40    (I) SUCH CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER  THAN  COMPET-
   41  ITIVE  SEALED  BIDDING,  INCLUDING BUT NOT LIMITED TO COMPETITIVE SEALED
   42  PROPOSALS, OR SOLE SOURCE CONTRACTS.  IN  THE  CASE  OF  A  SOLE  SOURCE
   43  CONTRACT,  PRIOR  TO  THE  SUBMISSION  OF THE CONTRACT FOR APPROVAL, THE
   44  CORPORATION COUNSEL OF THE CITY SHALL CERTIFY THAT THE LEGAL AND  PROCE-
   45  DURAL  REQUISITES  FOR  THE  SOLICITATION  AND  AWARD  OF  A SOLE SOURCE
   46  CONTRACT HAVE BEEN COMPLIED WITH;
   47    (II) SUCH CONTRACT PROVIDES  FOR  TECHNICAL,  CONSULTANT  OR  PERSONAL
   48  SERVICES;
   49    (III)  THE  VALUE  OF  SUCH  CONTRACT  EXCEEDS,  OR PROJECTS AN ANNUAL
   50  EXPENDITURE EXCEEDING, FIFTY THOUSAND DOLLARS; OR
   51    (IV) THE VALUE OF ANY CONTRACTS AWARDED TO  A  SINGLE  ENTITY  EXCEEDS
   52  FIFTY THOUSAND DOLLARS ANNUALLY.
   53    (P) PROVIDE TRANSPORTATION, HOME-TEACHING OR SPECIAL CLASSES FOR PHYS-
   54  ICALLY  OR  MENTALLY  DISABLED AND DELINQUENT CHILDREN. SUCH TRANSPORTA-
   55  TION, HOME-TEACHING OR SPECIAL CLASSES, WHEN PROVIDED PURSUANT  TO  THIS
       A. 2230                             8

    1  PARAGRAPH,  SHALL  BE  GRANTED  TO ALL SUCH CHILDREN IRRESPECTIVE OF THE
    2  SCHOOL THEY LEGALLY ATTEND.
    3    (Q)  TO  HOLD  REGULAR  PUBLIC  MEETINGS  IN EACH COUNCIL DISTRICT, IN
    4  CONJUNCTION WITH THE ADVISORY COUNCIL  IN  ORDER  TO  REPORT  ON  PUBLIC
    5  SCHOOL  FINANCES, STUDENT PERFORMANCE, AND EDUCATIONAL GOALS AND PRIORI-
    6  TIES OF THE CITY DISTRICT AND TO RECEIVE AND RESPOND TO PUBLIC  COMMENTS
    7  AND  CONCERNS.  THE  SUPERINTENDENT  SHALL PROVIDE PUBLIC NOTICE OF SUCH
    8  MEETINGS IN ORDER TO MAXIMIZE THE PARTICIPATION OF PARENTS, STUDENTS AND
    9  ALL OTHER INTERESTED PARTIES.
   10    (R) PROVIDE INFORMATION, DATA, ESTIMATES AND STATISTICS REGARDING  ALL
   11  MATTERS  RELATING  TO  THE CITY DISTRICT AS REQUESTED BY THE DIRECTOR OF
   12  THE INDEPENDENT EDUCATION BUDGET  OFFICE  ESTABLISHED  PURSUANT  TO  THE
   13  CHARTER OF THE CITY OF ROCHESTER.
   14    (S)  ISSUE AN ANNUAL REPORT ON THE PARTICIPATION OF MINORITY AND WOMEN
   15  OWNED BUSINESS ENTERPRISES IN THE CITY  DISTRICT'S  PROCUREMENT  PROCESS
   16  INCLUDING  THE  NUMBER  OF CONTRACTS AWARDED TO MINORITY AND WOMEN OWNED
   17  BUSINESS ENTERPRISES, THE PERCENT OF CONTRACTS AWARDED TO  MINORITY  AND
   18  WOMEN  OWNED  BUSINESS  ENTERPRISES  OF  THE  TOTAL  NUMBER  OF ALL CITY
   19  DISTRICT CONTRACTS, THE AGGREGATE VALUE  OF  ALL  CONTRACTS  AWARDED  TO
   20  MINORITY  AND  WOMEN  OWNED BUSINESS ENTERPRISES, AND THE PERCENT OF THE
   21  AGGREGATE VALUE OF CONTRACTS AWARDED TO MINORITY AND WOMEN  OWNED  BUSI-
   22  NESS  ENTERPRISES  OF  THE  TOTAL  AGGREGATE  VALUE OF ALL CITY DISTRICT
   23  CONTRACTS.
   24    (T) PROPOSE A POLICY FOR BOARD APPROVAL THAT PROMOTES THE  RECRUITMENT
   25  AND  RETENTION  OF  A  WORKFORCE AT THE CITY DISTRICT THAT CONSIDERS THE
   26  DIVERSITY OF THE STUDENTS ATTENDING THE PUBLIC SCHOOLS WITHIN  THE  CITY
   27  DISTRICT.  THE SUPERINTENDENT SHALL ISSUE AN ANNUAL REPORT OUTLINING THE
   28  INITIATIVES TAKEN TO ENHANCE DIVERSITY AND  EQUITY  IN  RECRUITMENT  AND
   29  RETENTION  AND  THE  IMPACTS OF SUCH INITIATIVES TO THE WORKFORCE AT THE
   30  CITY DISTRICT.
   31    (U) ENFORCE ALL PROVISIONS OF LAW AND ALL  POLICIES  RELATING  TO  THE
   32  MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL, SOCIAL AND RECREATIONAL
   33  ACTIVITIES UNDER THE DIRECTION OF THE BOARD.
   34    (V) CREATE, ABOLISH, AND CONSOLIDATE SUCH POSITIONS, DIVISIONS, BOARDS
   35  OR  BUREAUS  AS  MAY  BE NECESSARY FOR THE PROPER AND EFFICIENT ADMINIS-
   36  TRATION OF THE CITY DISTRICT.
   37    (W) HAVE THE CARE, CUSTODY, CONTROL  AND  SAFEKEEPING  OF  ALL  SCHOOL
   38  PROPERTY  OR  OTHER PROPERTY OF THE CITY USED FOR EDUCATIONAL, SOCIAL OR
   39  RECREATIONAL WORK AND NOT SPECIFICALLY PLACED BY LAW UNDER  THE  CONTROL
   40  OF SOME OTHER BODY OR OFFICER, AND TO PRESCRIBE POLICIES FOR THE PRESER-
   41  VATION OF SUCH PROPERTY.
   42    (X)  ESTABLISH AND MAINTAIN LIBRARIES WHICH MAY BE OPEN TO THE PUBLIC,
   43  TO ORGANIZE AND MAINTAIN PUBLIC LECTURE COURSES, AND  TO  ESTABLISH  AND
   44  EQUIP PLAYGROUNDS, RECREATION CENTERS, SOCIAL CENTERS, AND READING ROOMS
   45  FROM  SUCH  FUNDS  AS  THIS  CHAPTER OR OTHER STATUTES AUTHORIZE AND THE
   46  STATE APPROPRIATES FOR SUCH PURPOSES, AND FROM SUCH OTHER FUNDS  AS  MAY
   47  BE PROVIDED THEREFOR FROM LOCAL TAXATION OR OTHER SOURCES.
   48    (Y)  CONDUCT  AND  MAINTAIN SUCH EXTRA CLASSROOM ACTIVITIES, INCLUDING
   49  THE OPERATION OF CAFETERIAS OR RESTAURANT SERVICE FOR PUPILS AND  TEACH-
   50  ERS,  AS THE SUPERINTENDENT, FROM TIME TO TIME, SHALL DEEM PROPER.  SUCH
   51  CAFETERIAS OR RESTAURANT SERVICE MAY BE USED BY THE COMMUNITY FOR SCHOOL
   52  RELATED FUNCTIONS AND ACTIVITIES AND TO FURNISH  MEALS  TO  THE  ELDERLY
   53  RESIDENTS,  SIXTY YEARS OF AGE OR OLDER, OF THE DISTRICT.  CHARGES SHALL
   54  BE SUFFICIENT TO MEET THE DIRECT COST  OF  PREPARING  AND  SERVING  SUCH
   55  MEALS, REDUCIBLE BY AVAILABLE REIMBURSEMENTS.
       A. 2230                             9

    1    (Z)  IN  HIS  OR  HER  DISCRETION, PURCHASE INSURANCE AGAINST PERSONAL
    2  INJURIES INCURRED BY AN AUTHORIZED PARTICIPANT  IN  A  SCHOOL  VOLUNTEER
    3  PROGRAM, INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED PARTICIPANTS WHO
    4  ASSIST  ON  SCHOOL  BUSES,  SCHOOL  SPONSORED TRANSPORTATION TO AND FROM
    5  SCHOOL, OR ON SCHOOL SPONSORED FIELD TRIPS OR ANY OTHER SCHOOL SPONSORED
    6  ACTIVITY;  PROVIDED,  HOWEVER, THAT THE INJURIES WERE INCURRED WHILE THE
    7  AUTHORIZED PARTICIPANT WAS FUNCTIONING EITHER WITHIN THE SCOPE OF HIS OR
    8  HER AUTHORIZED VOLUNTEER DUTIES OR UNDER THE DIRECTION OF THE BOARD.
    9    (AA) WHERE  THE  DISTRICT  HAS  PROVIDED  TRANSPORTATION  TO  STUDENTS
   10  ENROLLED IN SUCH DISTRICT TO A SCHOOL SPONSORED FIELD TRIP, EXTRACURRIC-
   11  ULAR ACTIVITY OR ANY OTHER SIMILAR EVENT, PROVIDE TRANSPORTATION BACK TO
   12  EITHER  THE  POINT  OF  DEPARTURE  OR  TO  THE APPROPRIATE SCHOOL IN THE
   13  DISTRICT, UNLESS THE PARENT OR LEGAL GUARDIAN OF A STUDENT PARTICIPATING
   14  IN SUCH EVENT HAS PROVIDED THE  SCHOOL  DISTRICT  WITH  WRITTEN  NOTICE,
   15  CONSISTENT  WITH  DISTRICT  POLICY,  AUTHORIZING  AN ALTERNATIVE FORM OF
   16  RETURN TRANSPORTATION FOR SUCH STUDENT  OR  UNLESS  INTERVENING  CIRCUM-
   17  STANCES MAKE SUCH TRANSPORTATION IMPRACTICAL. IN CASES WHERE INTERVENING
   18  CIRCUMSTANCES  MAKE  TRANSPORTATION  OF  A  STUDENT BACK TO THE POINT OF
   19  DEPARTURE OR TO THE APPROPRIATE SCHOOL IN THE  DISTRICT  IMPRACTICAL,  A
   20  REPRESENTATIVE  OF  THE  SCHOOL  DISTRICT  SHALL REMAIN WITH THE STUDENT
   21  UNTIL SUCH STUDENT'S PARENT OR LEGAL GUARDIAN HAS BEEN (I) CONTACTED AND
   22  INFORMED OF THE INTERVENING CIRCUMSTANCES WHICH MAKE SUCH TRANSPORTATION
   23  IMPRACTICAL AND (II) SUCH STUDENT HAD  BEEN  DELIVERED  TO  HIS  OR  HER
   24  PARENT OR LEGAL GUARDIAN.
   25    (BB)  EACH  YEAR,  PREPARE A SCHOOL DISTRICT REPORT CARD IN ACCORDANCE
   26  WITH SUBDIVISION TWENTY-FOUR OF SECTION TWENTY-FIVE  HUNDRED  FIFTY-FOUR
   27  OF THIS TITLE.
   28    (CC)  AMEND  THE  CITY DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN TO
   29  INCLUDE INFORMATION ON ANY NEW PROJECT CONTAINED IN THE  ANNUAL  COMPRE-
   30  HENSIVE  SCHOOL FACILITIES MODERNIZATION PLAN APPROVED PURSUANT TO CHAP-
   31  TER FOUR HUNDRED SIXTEEN OF THE LAWS OF TWO THOUSAND SEVEN.
   32    (DD) IN HIS OR HER DISCRETION, TO  PROVIDE  UNDER  A  GROUP  INSURANCE
   33  POLICY  OR  POLICIES ISSUED BY ANY INSURANCE COMPANY OR INSURANCE COMPA-
   34  NIES AUTHORIZED TO DO BUSINESS IN THIS STATE OR UNDER A  GROUP  CONTRACT
   35  ISSUED BY ONE OR MORE CORPORATIONS SUBJECT TO ARTICLE FORTY-THREE OF THE
   36  INSURANCE  LAW, LIFE INSURANCE OR ACCIDENT AND HEALTH INSURANCE BENEFITS
   37  OR MEDICAL AND SURGICAL BENEFITS OR HOSPITAL SERVICE BENEFITS OR ANY TWO
   38  OR MORE OF SUCH KINDS OF BENEFITS TO TEACHERS AND OTHER EMPLOYEES OF THE
   39  SCHOOL DISTRICT WHO PARTICIPATE IN  A  PLAN  OR  PLANS,  AS  HEREINAFTER
   40  PROVIDED. THE DISBURSING OFFICER OF THE SCHOOL DISTRICT IS AUTHORIZED TO
   41  DEDUCT  FROM  THE  SALARY  OF  SUCH  PARTICIPANT  WITH  HIS OR HER PRIOR
   42  CONSENT, IN WRITING, THE SUMS REPRESENTING THE  PARTICIPANT'S  SHARE  OF
   43  THE PREMIUM OR PREMIUMS WHICH ARE PAYABLE BY SUCH OFFICER TO SUCH INSUR-
   44  ANCE  COMPANY  OR  CORPORATION.  THE SUPERINTENDENT IS AUTHORIZED TO PAY
   45  FROM SUCH MONEYS AS ARE AVAILABLE FOR THE PURPOSE, A SHARE OF  THE  COST
   46  OF  SUCH  BENEFIT  OR  BENEFITS IN SUCH AMOUNT AS IS REQUIRED TO BE PAID
   47  UNDER SUCH GROUP INSURANCE POLICY  OR  POLICIES  OR  GROUP  CONTRACT  OR
   48  CONTRACTS  BY  THE  BOARD, AS EMPLOYER. THE SUM TO BE PAID BY THE SUPER-
   49  INTENDENT UNDER SUCH POLICY OR POLICIES OR CONTRACT OR CONTRACTS, IN THE
   50  DISCRETION OF THE SUPERINTENDENT, MAY BE ANY  PERCENTAGE  OF  THE  TOTAL
   51  COST OF THE BENEFIT OR BENEFITS INCLUDING THE WHOLE THEREOF.
   52    (EE) DEVELOP A PROCESS, TO BE APPROVED BY THE BOARD, FOR THE SELECTION
   53  OF  MEMBERS  TO  THE  COMMUNITY  SCHOOLS  ADVISORY  COUNCILS PURSUANT TO
   54  SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
       A. 2230                            10

    1    3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, PUBLIC
    2  SCHOOLS WITHIN THE  CITY  DISTRICT  SHALL  BE  CLOSED  PURSUANT  TO  THE
    3  REQUIREMENTS OF THIS SUBDIVISION.
    4    (A)  THE  SUPERINTENDENT  SHALL DEVELOP A PROTOCOL FOR SCHOOL CLOSURES
    5  THAT SHALL BE APPROVED BY THE BOARD OF EDUCATION.  SUCH  PROTOCOL  SHALL
    6  INCLUDE  THE  ESTABLISHMENT  OF  QUANTIFIABLE STANDARDS AND CRITERIA FOR
    7  EVERY PROPOSED SCHOOL CLOSURE THAT ADDRESS:
    8    (I) THE SCHOOL'S ACADEMIC PERFORMANCE, INCLUDING STANDARDS AND  CRITE-
    9  RIA TO IDENTIFY FOR CLOSURE THE PERSISTENTLY LOWEST-ACHIEVING SCHOOLS IN
   10  THE  CITY  SCHOOL DISTRICT THAT TAKE INTO ACCOUNT STUDENT PERFORMANCE ON
   11  EXISTING STATE ASSESSMENTS AND GRADUATION RATES;
   12    (II) THE SCHOOL'S RESPONSIVENESS TO  PREVIOUS  SCHOOL  IMPROVEMENT  OR
   13  TURNAROUND EFFORTS; AND
   14    (III)  THE  CURRENT  AND  PROJECTED  PUPIL  ENROLLMENT OF THE AFFECTED
   15  SCHOOL AND THE PROSPECTIVE NEED FOR SUCH SCHOOL BUILDING.
   16    (B) THE SUPERINTENDENT SHALL PREPARE A SCHOOL CLOSURE  PLAN  FOR  EACH
   17  PROPOSED CLOSURE BASED ON THE PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH
   18  (A) OF THIS SUBDIVISION THAT SHALL INCLUDE THE FOLLOWING INFORMATION:
   19    (I)  THE  RAMIFICATIONS  OF  SUCH  SCHOOL  CLOSURE UPON THE COMMUNITY,
   20  INITIAL COSTS AND SAVINGS RESULTING FROM SUCH SCHOOL CLOSURE, THE POTEN-
   21  TIAL DISPOSABILITY OF ANY CLOSED SCHOOL;
   22    (II) THE IMPACTS OF  THE  PROPOSED  SCHOOL  CLOSURE  TO  ANY  AFFECTED
   23  STUDENTS  AND  THE ABILITY OF OTHER SCHOOLS IN THE AFFECTED COMMUNITY TO
   24  ACCOMMODATE PUPILS FOLLOWING THE SCHOOL CLOSURE;
   25    (III) AN OUTLINE OF ANY PROPOSED OR POTENTIAL USE OF THE SCHOOL BUILD-
   26  ING FOR OTHER EDUCATIONAL PROGRAMS OR ADMINISTRATIVE SERVICES;
   27    (IV) THE EFFECT OF SUCH SCHOOL CLOSURE ON PERSONNEL NEEDS,  THE  COSTS
   28  OF   INSTRUCTION,  ADMINISTRATION,  TRANSPORTATION,  AND  OTHER  SUPPORT
   29  SERVICES; AND
   30    (V) THE TYPE, AGE, AND PHYSICAL CONDITION  OF  SUCH  SCHOOL  BUILDING,
   31  MAINTENANCE,  AND  ENERGY  COSTS, RECENT OR PLANNED IMPROVEMENTS TO SUCH
   32  SCHOOL BUILDING, AND SUCH BUILDING'S SPECIAL FEATURES.
   33    (C) SUCH SCHOOL CLOSURE PLAN SHALL BE MADE PUBLICLY AVAILABLE, INCLUD-
   34  ING VIA THE BOARD OF EDUCATION'S OFFICIAL INTERNET WEBSITE, AND  A  COPY
   35  SHALL ALSO BE FILED WITH THE AFFECTED COMMUNITY SCHOOLS ADVISORY COUNCIL
   36  AT  LEAST  SIX  MONTHS  IN  ADVANCE  OF  THE  FIRST DAY OF SCHOOL IN THE
   37  SUCCEEDING SCHOOL YEAR.
   38    (D) WITHIN SIXTY DAYS FOLLOWING THE FILING OF THE SCHOOL CLOSURE PLAN,
   39  THE SUPERINTENDENT SHALL HOLD A JOINT PUBLIC HEARING WITH  THE  IMPACTED
   40  COMMUNITY  SCHOOLS ADVISORY COUNCIL AT THE SCHOOL THAT IS SUBJECT TO THE
   41  PROPOSED SCHOOL CLOSING, AND  SHALL  ALLOW  ALL  INTERESTED  PARTIES  AN
   42  OPPORTUNITY  TO  PRESENT  COMMENTS  OR  CONCERNS  REGARDING THE PROPOSED
   43  SCHOOL CLOSING. THE SUPERINTENDENT SHALL  ENSURE  THAT  NOTICE  OF  SUCH
   44  JOINT  HEARING  IS  WIDELY  AND CONSPICUOUSLY POSTED IN SUCH A MANNER TO
   45  MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS THAT RECEIVE NOTICE, INCLUD-
   46  ING PROVIDING NOTICE TO AFFECTED PARENTS AND STUDENTS  AND  THE  ELECTED
   47  STATE AND LOCAL OFFICIALS WHO REPRESENT THE AFFECTED COMMUNITIES.
   48    (E)  THE SUPERINTENDENT SHALL RENDER A DECISION ON ALL PROPOSED SCHOOL
   49  CLOSURES; PROVIDED, HOWEVER, A SCHOOL  CLOSURE  SHALL  NOT  TAKE  EFFECT
   50  UNTIL ALL THE PROVISIONS OF THIS SUBDIVISION HAVE BEEN SATISFIED AND THE
   51  SCHOOL  YEAR  IN  WHICH  THE DECISION TO CLOSE SUCH SCHOOL WAS MADE, HAS
   52  ENDED.
   53    4. THE SUPERINTENDENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
   54  RY RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES  PURSU-
   55  ANT  TO  SECTION  THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER, WHO DO NOT
   56  HOLD VALID CLEARANCE PURSUANT TO SUCH SECTION  OR  PURSUANT  TO  SECTION
       A. 2230                            11

    1  THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR
    2  TWELVE  HUNDRED  TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW IN ACCORD-
    3  ANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  TWENTY-FIVE   OF   SECTION
    4  TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
    5    5.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE THE SUPER-
    6  INTENDENT TO BE OR ACT AS A CHARTER ENTITY PURSUANT TO ARTICLE FIFTY-SIX
    7  OF THIS TITLE.
    8    S 2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS AND
    9  DUTIES. 1. (A) THERE SHALL BE ESTABLISHED IN  EACH  COUNCIL  DISTRICT  A
   10  COMMUNITY  SCHOOLS ADVISORY COUNCIL.  THE COUNCILS SHALL CONSIST OF FIVE
   11  VOTING MEMBERS, WHO SHALL BE:
   12    (I) A RESIDENT OF THE COUNCIL DISTRICT;
   13    (II) AN ELIGIBLE VOTER PURSUANT TO SECTION 5-102 OF THE ELECTION  LAW;
   14  AND
   15    (III)  A PARENT OF A CHILD ATTENDING A SCHOOL LOCATED WITHIN THE COUN-
   16  CIL DISTRICT, OR HAVE ATTENDED A  SCHOOL  WITHIN  THE  COUNCIL  DISTRICT
   17  WITHIN  THE  PRECEDING YEAR, AND SELECTED BY THE PRESIDENTS AND OFFICERS
   18  OF THE PARENTS' ASSOCIATIONS OR PARENT-TEACHERS' ASSOCIATIONS OF SCHOOLS
   19  LOCATED IN THE COUNCIL DISTRICT.
   20    (B) SUCH MEMBERS SHALL SERVE FOR A TERM OF TWO YEARS AND SHALL NOT  BE
   21  PAID  A  SALARY  OR  STIPEND, BUT SHALL BE REIMBURSED FOR ALL ACTUAL AND
   22  NECESSARY EXPENSES DIRECTLY RELATED TO THE DUTIES  AND  RESPONSIBILITIES
   23  OF THE ADVISORY COUNCIL.
   24    (C)  PRESIDENTS AND OFFICERS OF PARENTS' ASSOCIATIONS OR PARENT-TEACH-
   25  ERS' ASSOCIATIONS WHO ARE CANDIDATES IN THE SELECTION  PROCESS  PURSUANT
   26  TO  THIS  SECTION  SHALL NOT BE ELIGIBLE TO CAST VOTES IN SUCH SELECTION
   27  PROCESS. THE ASSOCIATION SHALL ELECT A MEMBER TO VOTE IN  THE  PLACE  OF
   28  EACH  SUCH  PRESIDENT OR OFFICER FOR THE PURPOSES OF THE SELECTION PROC-
   29  ESS.
   30    2. (A) THE SUPERINTENDENT SHALL:
   31    (I) DEVELOP SELECTION PROCEDURES TO BE APPROVED BY THE BOARD FOR ADVI-
   32  SORY COUNCIL MEMBERS  WHICH,  TO  THE  MAXIMUM  EXTENT  POSSIBLE,  SHALL
   33  ATTEMPT TO ENSURE A MEMBERSHIP THAT REFLECTS A REPRESENTATIVE CROSS-SEC-
   34  TION OF THE COMMUNITIES WITHIN THE COUNCIL DISTRICT AND DIVERSITY OF THE
   35  STUDENT POPULATION INCLUDING THOSE WITH PARTICULAR EDUCATIONAL NEEDS;
   36    (II) REQUIRE FINANCIAL DISCLOSURE BY THE APPOINTEES;
   37    (III)  ESTABLISH  POLICIES  PROHIBITING  POLITICAL ENDORSEMENTS OF AND
   38  CAMPAIGN CONTRIBUTIONS TO NOMINEES; AND
   39    (IV) BEGINNING IN SEPTEMBER OF EACH SCHOOL YEAR AND  CONTINUING  UNTIL
   40  THE  DATE  OF SELECTION, ENSURE THE DISTRIBUTION OF GUIDES TO PARENTS IN
   41  ADDITION TO INFORMATION REGARDING ADVISORY COUNCIL ROLES, FUNCTIONS, AND
   42  ACTIVITIES, INCLUDING UPCOMING PARENTS' ASSOCIATION AND PARENT-TEACHERS'
   43  ASSOCIATION ELECTIONS, CANDIDATE INFORMATION,  AND  THE  NATURE  OF  THE
   44  SELECTION PROCESS.
   45    (B) FOR THE INITIAL ADVISORY COUNCIL, SUCH MEMBERS MUST BE SELECTED ON
   46  OR  BEFORE  OCTOBER  THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN,  WITH TERMS
   47  COMMENCING  ON  DECEMBER  FIRST,  TWO  THOUSAND  FOURTEEN.   THEREAFTER,
   48  COMMENCING  IN  THE YEAR TWO THOUSAND SIXTEEN, THE SELECTION OF ADVISORY
   49  COUNCIL MEMBERS SHALL OCCUR ON THE SECOND TUESDAY  IN  MAY,  WITH  TERMS
   50  COMMENCING ON THE FOLLOWING JULY FIRST.
   51    (C)  EACH SUCH ADVISORY COUNCIL SHALL SELECT ONE OF ITS VOTING MEMBERS
   52  TO SERVE AS CHAIR, AND SHALL ALSO APPOINT, FROM  AMONG  ITS  MEMBERS,  A
   53  SECRETARY, WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
   54    (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
   55    (II)  RECORD  AND  MAINTAIN ACCOUNTS OF PROCEEDINGS AND OTHER ADVISORY
   56  COUNCIL MEETINGS; AND
       A. 2230                            12

    1    (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
    2  RIALS FOR SUCH MEETINGS.
    3    3. (A) NO PERSON MAY SERVE ON MORE THAN ONE ADVISORY COUNCIL OR ON THE
    4  CITY-WIDE COUNCIL ON SPECIAL EDUCATION, THE CITY-WIDE COUNCIL ON ENGLISH
    5  LANGUAGE  LEARNERS AND AN ADVISORY COUNCIL.  NO PERSON SHALL BE ELIGIBLE
    6  FOR MEMBERSHIP ON AN ADVISORY COUNCIL IF HE OR SHE  HOLDS  ANY  ELECTIVE
    7  PUBLIC OFFICE OR ANY ELECTIVE OR APPOINTED PARTY POSITION EXCEPT THAT OF
    8  DELEGATE  OR  ALTERNATE DELEGATE TO A NATIONAL, STATE, JUDICIAL OR OTHER
    9  PARTY CONVENTION, OR MEMBER OF A COUNTY COMMITTEE.
   10    (B) A PERSON WHO HAS BEEN CONVICTED OF A FELONY, OR HAS  BEEN  REMOVED
   11  FROM AN ADVISORY COUNCIL, THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION, OR
   12  THE  CITY-WIDE  COUNCIL  ON  ENGLISH  LANGUAGE  LEARNERS  FOR ANY OF THE
   13  FOLLOWING SHALL BE PERMANENTLY INELIGIBLE FOR APPOINTMENT TO  ANY  ADVI-
   14  SORY COUNCIL:
   15    (I)  AN  ACT  OF MALFEASANCE DIRECTLY RELATED TO HIS OR HER SERVICE ON
   16  THE ADVISORY COUNCIL, THE CITY-WIDE COUNCIL ON SPECIAL EDUCATION, OR THE
   17  CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS; OR
   18    (II) CONVICTION OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED  TO  HIS
   19  OR HER SERVICE ON THE ADVISORY COUNCIL, THE CITY-WIDE COUNCIL ON SPECIAL
   20  EDUCATION, OR THE CITY-WIDE COUNCIL ON ENGLISH LANGUAGE LEARNERS.
   21    (C)  VACANCIES  SHALL BE FILLED BY THE SUPERINTENDENT FOR AN UNEXPIRED
   22  TERM, AFTER CONSULTATION WITH THE OTHER MEMBERS OF THE ADVISORY COUNCIL.
   23    4. EACH ADVISORY COUNCIL SHALL HAVE THE FOLLOWING  POWERS  AND  DUTIES
   24  WITH  RESPECT TO ALL PRE-KINDERGARTEN, PRIMARY AND SECONDARY SCHOOLS AND
   25  PROGRAMS IN THE COUNCIL DISTRICT. THE ADVISORY COUNCILS  SHALL  HAVE  NO
   26  EXECUTIVE  OR  ADMINISTRATIVE  POWERS  OR  FUNCTIONS, BUT SHALL HAVE THE
   27  FOLLOWING POWERS AND DUTIES:
   28    (A) PROMOTE ACHIEVEMENT OF EDUCATIONAL STANDARDS AND OBJECTIVES RELAT-
   29  ING TO THE INSTRUCTION OF STUDENTS.
   30    (B) REVIEW, CONDUCT PUBLIC HEARINGS AND COMMENT ON THE ITEMIZED  ESTI-
   31  MATE  PREPARED  BY  THE  SUPERINTENDENT  PURSUANT TO SECTION TWENTY-FIVE
   32  HUNDRED NINETY-ONE-I OF THIS ARTICLE AND SUBMIT ANY COMMENTS OR TESTIMO-
   33  NY BY THE PUBLIC TO THE SUPERINTENDENT.
   34    (C) CONDUCT A JOINT PUBLIC HEARING WITH THE  SUPERINTENDENT  REGARDING
   35  ANY  PROPOSED  SCHOOL  CLOSING  OF  ANY PUBLIC SCHOOL LOCATED WITHIN THE
   36  COUNCIL DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
   37  THIS ARTICLE.
   38    (D) CONDUCT REGULAR MEETINGS WITH THE SUPERINTENDENT  TO  DISCUSS  THE
   39  CURRENT STATE OF THE SCHOOLS IN THE COUNCIL DISTRICT.
   40    (E)  REVIEW  THE  COUNCIL  DISTRICT'S  EDUCATIONAL PROGRAMS AND ASSESS
   41  THEIR EFFECT ON STUDENT ACHIEVEMENT.
   42    (F) SUBMIT AN ANNUAL EVALUATION OF THE SUPERINTENDENT TO THE MAYOR.
   43    (G) PROVIDE INPUT, AS IT DEEMS NECESSARY, TO  THE  SUPERINTENDENT  AND
   44  THE BOARD ON MATTERS OF CONCERN TO THE COUNCIL DISTRICT.
   45    (H)  SUBMIT A LIST TO THE BOARD OF EDUCATION OF COUNCIL DISTRICT RESI-
   46  DENTS TO BE CONSIDERED BY SUCH BOARD FOR  MEMBERSHIP  ON  THE  CITY-WIDE
   47  COUNCILS ON SPECIAL EDUCATION AND ENGLISH LANGUAGE LEARNERS.
   48    S  2591-G.  APPOINTMENT  OF  TEACHERS, ADMINISTRATORS, SUPERVISORS AND
   49  OTHER EMPLOYEES.   1. TEACHERS AND ALL OTHER  MEMBERS  OF  THE  TEACHING
   50  STAFF  OF  THE CITY DISTRICT SHALL BE APPOINTED BY THE SUPERINTENDENT OF
   51  SCHOOLS FOR A PROBATIONARY PERIOD OF THREE YEARS,  EXCEPT  THAT  IN  THE
   52  CASE  OF  A  TEACHER  WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR
   53  SUBSTITUTE FOR A PERIOD OF TWO YEARS OR AS  A  SEASONALLY  LICENSED  PER
   54  SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
   55  ITY  FOR  A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME
   56  SUBJECT IN DAY SCHOOLS ON AN  ANNUAL  SALARY,  THE  PROBATIONARY  PERIOD
       A. 2230                            13

    1  SHALL  BE  LIMITED TO ONE YEAR; PROVIDED, HOWEVER, THAT IN THE CASE OF A
    2  TEACHER WHO HAS BEEN APPOINTED ON  TENURE  IN  ANOTHER  SCHOOL  DISTRICT
    3  WITHIN  THE  STATE,  THE  SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, OR A
    4  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, AND WHO WAS NOT DISMISSED
    5  FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT  PURSUANT  TO
    6  SUBDIVISION  ONE OF SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER, THE
    7  PROBATIONARY PERIOD SHALL NOT EXCEED TWO YEARS. THE SERVICE OF A  PERSON
    8  APPOINTED  TO  ANY  OF  SUCH  POSITIONS  MAY BE DISCONTINUED AT ANY TIME
    9  DURING SUCH PROBATIONARY PERIOD BY THE SUPERINTENDENT OF  SCHOOLS.  EACH
   10  PERSON  WHO  IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE
   11  SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS IN WRITING NOT  LATER  THAN
   12  SIXTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION OF HIS OR HER PROBATION-
   13  ARY PERIOD.  FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAP-
   14  TER  AND  BY  THE  REGULATIONS  OF  THE  COMMISSIONER SHALL BE CAUSE FOR
   15  REMOVAL.
   16    2. ADMINISTRATORS, PRINCIPALS, DIRECTORS, SUPERVISORS  AND  ALL  OTHER
   17  MEMBERS  OF  THE SUPERVISING STAFF SHALL BE APPOINTED BY THE SUPERINTEN-
   18  DENT FOR A PROBATIONARY PERIOD OF THREE YEARS. SCHOOL  PRINCIPALS  SHALL
   19  BE  SELECTED  PURSUANT  TO A PUBLICLY-INCLUSIVE PROCESS FOR THE RECRUIT-
   20  MENT, SCREENING AND SELECTION OF CANDIDATES FOR PRINCIPAL  DEVELOPED  BY
   21  THE  SUPERINTENDENT  AND  APPROVED BY THE BOARD. THE SERVICE OF A PERSON
   22  APPOINTED TO ANY OF SUCH POSITIONS  MAY  BE  DISCONTINUED  AT  ANY  TIME
   23  DURING THE PROBATIONARY PERIOD BY THE SUPERINTENDENT OF SCHOOLS.
   24    3.  CLERKS, DRAFTSMEN, INSPECTORS, CHEMISTS, TABULATING MACHINE OPERA-
   25  TORS, SECRETARIES,  STENOGRAPHERS,  COPYISTS,  STATISTICIANS,  JANITORS,
   26  CUSTODIANS,  CUSTODIAN-ENGINEERS  AND ALL OTHER ADMINISTRATIVE EMPLOYEES
   27  OF THE CITY DISTRICT, UNLESS OTHERWISE PROVIDED IN THIS  CHAPTER,  SHALL
   28  BE APPOINTED FOR A PROBATIONARY PERIOD PROVIDED IN THE CIVIL SERVICE LAW
   29  AND  REGULATIONS BASED THEREON. THE SERVICE OF A PERSON APPOINTED TO ANY
   30  OF SUCH POSITIONS MAY BE DISCONTINUED BY THE SUPERINTENDENT AT ANY  TIME
   31  DURING  SUCH  PROBATIONARY PERIOD. SUCH PERSONS WHO HAVE SERVED THE FULL
   32  PROBATIONARY PERIOD SHALL HOLD THEIR RESPECTIVE  POSITIONS  DURING  GOOD
   33  BEHAVIOR  AND  EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT BE REMOVED
   34  EXCEPT FOR CAUSE.
   35    4. NO PRINCIPAL, SUPERVISOR, DIRECTOR, OR TEACHER SHALL  BE  APPOINTED
   36  TO  THE  TEACHING  FORCE  OF  A CITY WHO DOES NOT POSSESS QUALIFICATIONS
   37  REQUIRED UNDER THIS CHAPTER AND UNDER THE REGULATIONS PRESCRIBED BY  THE
   38  COMMISSIONER  FOR  THE PERSONS EMPLOYED IN SUCH POSITIONS IN THE SCHOOLS
   39  OF THE CITIES OF THE STATE, BUT THE SUPERINTENDENT MAY  PRESCRIBE  ADDI-
   40  TIONAL  OR HIGHER QUALIFICATIONS FOR THE PERSONS EMPLOYED IN ANY OF SUCH
   41  POSITIONS.
   42    5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, NO  PERIOD  IN
   43  ANY  SCHOOL YEAR FOR WHICH THERE IS NO REQUIRED SERVICE AND/OR FOR WHICH
   44  NO COMPENSATION IS PROVIDED SHALL IN ANY EVENT  CONSTITUTE  A  BREAK  OR
   45  SUSPENSION  OF PROBATIONARY PERIOD OR CONTINUITY OF TENURE RIGHTS OF ANY
   46  OF THE PERSONS DESCRIBED IN THIS SECTION.
   47    S 2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES.  1.
   48  THE  PRINCIPAL  SHALL  BE THE ADMINISTRATIVE AND INSTRUCTIONAL LEADER OF
   49  THE SCHOOL.
   50    2. THE SUPERINTENDENT SHALL APPOINT A PRINCIPAL PURSUANT TO A PROCESS,
   51  WHICH SHALL BE APPROVED BY THE BOARD, THAT PROMOTES PARENTAL  AND  STAFF
   52  INVOLVEMENT  IN THE RECRUITMENT, SCREENING, INTERVIEWING AND RECOMMENDA-
   53  TION OF CANDIDATES FOR SCHOOL PRINCIPAL. CANDIDATES MUST MEET THE  LEGAL
   54  AND  REGULATORY  REQUIREMENTS  ESTABLISHING EDUCATIONAL, MANAGERIAL, AND
   55  ADMINISTRATIVE QUALIFICATIONS, INCLUDING EVALUATION OF EACH  CANDIDATE'S
   56  RECORD OF PERFORMANCE IN COMPARABLE POSITIONS.
       A. 2230                            14

    1    3.  SUBJECT  TO  THE  REGULATIONS  OF  THE COMMISSIONER AND APPLICABLE
    2  COLLECTIVE BARGAINING AGREEMENTS AND OBLIGATIONS, THE PRINCIPAL SHALL BE
    3  RESPONSIBLE FOR THE DAY TO DAY OPERATION OF THE SCHOOL AND  SHALL  CARRY
    4  OUT  THE  FOLLOWING  DUTIES  IN  CONSULTATION WITH PARENTS, TEACHERS AND
    5  OTHER STAFF:
    6    (A)  PROMOTE  AN  EQUAL  EDUCATIONAL  OPPORTUNITY  FOR STUDENTS IN THE
    7  SCHOOL,
    8    (B) (I) SURVEY THE ENVIRONMENT OF THE SCHOOL AND ITS SURROUNDINGS  AND
    9  ISSUE AN ANNUAL REPORT THAT ASSESSES THE NEED FOR RESOURCES OR SERVICES,
   10  SUCH  AS  INCREASING SAFETY, IMPROVING INFRASTRUCTURE, AND OTHER CHANGES
   11  THAT COULD BE IMPLEMENTED TO IMPROVE OR ENHANCE THE QUALITY OF  LIFE  OF
   12  THE NEIGHBORHOOD WHERE THE SCHOOL IS LOCATED.
   13    (II)  IN  PREPARING  THE  REPORT,  THE PRINCIPAL SHALL, TO THE MAXIMUM
   14  EXTENT AS  PRACTICABLE,  SEEK  AND  CONSIDER  COMMENTS  AND  INPUT  FROM
   15  AFFECTED  STAKEHOLDERS, INCLUDING STUDENTS, TEACHERS, PARENTS, AND OTHER
   16  INTERESTED COMMUNITY MEMBERS. THE PRINCIPAL SHALL SUBMIT THE REPORT  AND
   17  RECOMMENDATIONS TO THE SUPERINTENDENT.
   18    (C)  MANAGE AND OPERATE THE SCHOOL BUILDING AND OTHER FACILITIES UNDER
   19  HIS OR HER JURISDICTION.
   20    S 2591-I. BUDGETARY AND FISCAL PROCESSES. 1.  (A)  THE  SUPERINTENDENT
   21  SHALL  PREPARE  ANNUALLY AN ITEMIZED ESTIMATE FOR THE CURRENT OR ENSUING
   22  FISCAL YEAR OF SUCH SUM OF MONEY AS HE OR SHE MAY DEEM NECESSARY FOR THE
   23  PURPOSES STATED IN THIS SECTION,  AFTER  CREDITING  THERETO  THE  AMOUNT
   24  ANTICIPATED IN THE NEXT APPORTIONMENT OF SCHOOL FUNDS FROM THE STATE AND
   25  THE  ESTIMATED AMOUNT TO BE RECEIVED FROM ALL OTHER SOURCES.  SUCH ESTI-
   26  MATE SHALL BE FILED WITH THE MAYOR, WHO SHALL PLACE SUCH ESTIMATE BEFORE
   27  THE COMMON COUNCIL AT THE SAME TIME AND IN THE SAME MANNER AS  ESTIMATES
   28  FROM  CITY  DEPARTMENTS  ARE  PLACED BEFORE SAID BODY, AND SUCH ESTIMATE
   29  SHALL THEREAFTER BE SUBJECT TO THE SAME CONSIDERATION, ACTION AND PROCE-
   30  DURE AS ALL OTHER ESTIMATES FROM CITY DEPARTMENTS.  THE  COMMON  COUNCIL
   31  MAY  INCREASE,  DIMINISH  OR REJECT ANY ITEM CONTAINED IN SUCH ESTIMATE,
   32  EXCEPT FOR FIXED CHARGES FOR WHICH THE CITY IS LIABLE AND SUBJECT TO THE
   33  LIMITATIONS PROVIDED BY SUBDIVISION TWO OF THIS SECTION.
   34    (B) PRIOR TO FILING SUCH ESTIMATE WITH THE MAYOR,  THE  SUPERINTENDENT
   35  SHALL  TRANSMIT  A  PROPOSED ESTIMATE TO EACH COMMUNITY SCHOOLS ADVISORY
   36  COUNCIL. EACH COMMUNITY SCHOOLS ADVISORY COUNCIL SHALL CONDUCT A  PUBLIC
   37  HEARING  WITHIN  ITS  RESPECTIVE  COUNCIL DISTRICT TO REVIEW AND SOLICIT
   38  COMMUNITY INPUT AND COMMENTS ON SUCH PROPOSED ESTIMATE.  EACH  COMMUNITY
   39  SCHOOLS  ADVISORY COUNCIL SHALL SUBMIT ANY INPUT OR COMMENTS RECEIVED TO
   40  THE SUPERINTENDENT, WHO SHALL TAKE SUCH INPUT AND COMMENT UNDER  ADVISE-
   41  MENT. WHEN THE SUPERINTENDENT FILES THE ESTIMATE WITH THE MAYOR PURSUANT
   42  TO  THIS SUBDIVISION, HE OR SHE SHALL ALSO TRANSMIT A COPY OF SUCH ESTI-
   43  MATE TO THE BOARD OF EDUCATION.
   44    (C) SUCH ESTIMATES SHALL BE FOR THE FOLLOWING PURPOSES:
   45    (I) THE SALARY OF THE SUPERINTENDENT OF SCHOOLS, ASSOCIATE OR  ASSIST-
   46  ANT OR OTHER SUPERINTENDENTS, EXAMINERS, DIRECTORS, SUPERVISORS, PRINCI-
   47  PALS,  TEACHERS,  LECTURERS,  SPECIAL  INSTRUCTORS,  MEDICAL INSPECTORS,
   48  NURSES, ATTENDANCE OFFICERS, CLERKS, CUSTODIANS AND  JANITORS;  AND  THE
   49  SALARY,  FEES  OR  COMPENSATION  OF  ALL  OTHER  EMPLOYEES  APPOINTED OR
   50  EMPLOYED BY THE SUPERINTENDENT, INCLUDING STAFF ASSIGNED TO  THE  BOARD.
   51  IN  ADDITION, THE EXPENSES OF PERSONNEL UTILIZED TO FULFILL THE INTERNAL
   52  AUDIT FUNCTION PURSUANT TO SECTION TWENTY-ONE HUNDRED SIXTEEN-B OF  THIS
   53  TITLE.
   54    (II) THE OTHER NECESSARY INCIDENTAL AND CONTINGENT EXPENSES, INCLUDING
   55  ORDINARY  REPAIRS  TO  BUILDINGS  AND  THE  PURCHASE  OF FUEL AND LIGHT,
   56  SUPPLIES, TEXTBOOKS, SCHOOL APPARATUS, BOOKS, FURNITURE AND FIXTURES AND
       A. 2230                            15

    1  OTHER ARTICLES AND SERVICE NECESSARY FOR THE PROPER MAINTENANCE,  OPERA-
    2  TION AND SUPPORT OF THE SCHOOLS, LIBRARIES AND OTHER EDUCATIONAL, SOCIAL
    3  OR RECREATIONAL AFFAIRS AND INTERESTS OF THE CITY DISTRICT.
    4    (III)  THE  REMODELING  OR ENLARGING OF BUILDINGS REQUIRED BY THE CITY
    5  DISTRICT, THE CONSTRUCTION OF NEW BUILDINGS FOR USES AUTHORIZED BY  THIS
    6  CHAPTER  AND  THE FURNISHING AND EQUIPMENT THEREOF, THE PURCHASE OF REAL
    7  PROPERTY FOR NEW SITES,  ADDITIONS  TO  PRESENT  SITES,  PLAYGROUNDS  OR
    8  RECREATION CENTERS AND OTHER EDUCATIONAL OR SOCIAL PURPOSES, AND TO MEET
    9  ANY  OTHER  INDEBTEDNESS  OR  LIABILITY INCURRED UNDER THE PROVISIONS OF
   10  THIS CHAPTER OR OTHER STATUTES, OR ANY OTHER EXPENSES WHICH THE BOARD IS
   11  AUTHORIZED TO INCUR. NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT THE
   12  FINANCING, IN WHOLE OR IN PART, OF ANY EXPENDITURE  ENUMERATED  IN  THIS
   13  SUBDIVISION PURSUANT TO THE LOCAL FINANCE LAW.
   14    2. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS:
   15    (I)  "CITY  FUNDS"  SHALL  MEAN FUNDS OF THE CITY OF ROCHESTER DERIVED
   16  FROM ANY SOURCE EXCEPT FUNDS CONTAINED WITHIN THE CAPITAL BUDGET,  FUNDS
   17  FROM COUNTY SALES TAX REVENUES SHARED WITH SUCH CITY, FUNDS DERIVED FROM
   18  ANY  FEDERAL  SOURCE AND FUNDS DERIVED FROM ANY STATE OR PRIVATE SOURCES
   19  OVER WHICH THE CITY HAS NO DISCRETION, AS DEFINED IN REGULATIONS OF  THE
   20  COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET.
   21    (II)  "CITY AMOUNT" SHALL MEAN THE TOTAL AMOUNT OF EXPENDITURES FUNDED
   22  BY CITY FUNDS FOR THE SUPPORT OF THE CITY DISTRICT, NOT  INCLUDING  CITY
   23  PAYMENTS  TO  BOND  OR  NOTE  HOLDERS  FOR DEBT SERVICE PAYMENTS OF SUCH
   24  DISTRICT, AS CONTAINED WITHIN THE BUDGET AS ADOPTED BY SUCH CITY.
   25    (III) "BASE YEAR" SHALL MEAN THE FISCAL YEAR IMMEDIATELY PRECEDING THE
   26  FISCAL YEAR FOR WHICH THE BUDGET REFERRED TO  IN  SUBPARAGRAPH  (II)  OF
   27  THIS  PARAGRAPH  IS ADOPTED.   THE INITIAL BASE YEAR SHALL BE THE FISCAL
   28  YEAR ENDING JUNE THIRTIETH, TWO THOUSAND SEVEN.
   29    (B) THE CITY AMOUNT SHALL NOT BE LESS THAN THE CITY  AMOUNT  APPROPRI-
   30  ATED  IN  THE BASE YEAR DETERMINED AT THE TIME OF ADOPTION OF THE BUDGET
   31  FOR THE ENSUING FISCAL YEAR, AND SHALL NOT BE LESS THAN THE CITY  AMOUNT
   32  EXPENDED  IN  THE BASE YEAR DETERMINED AS OF THE END OF THE SCHOOL YEAR.
   33  PROVIDED, HOWEVER, IN THE EVENT THE TOTAL AMOUNT OF  CITY  FUNDS  RELIED
   34  UPON TO BALANCE SUCH BUDGET IS LOWER THAN THE TOTAL AMOUNT OF CITY FUNDS
   35  APPROPRIATED  IN THE BASE YEAR, AS DETERMINED AT THE TIME OF ADOPTION OF
   36  SUCH BUDGET, THE CITY AMOUNT MAY BE REDUCED BY UP TO THE SAME PERCENTAGE
   37  AS THE OVERALL PERCENTAGE DECREASE IN CITY FUNDS BETWEEN THE  BASE  YEAR
   38  AND  THE  ENSUING  FISCAL YEAR. THE CITY SHALL NOT USE OR SPEND THE CITY
   39  AMOUNT FOR ANY PURPOSES  OTHER  THAN  IN  DIRECT  SUPPORT  OF  THE  CITY
   40  DISTRICT.
   41    (C)  UPON  THE  ENACTMENT OF A CITY BUDGET, FOR THE TWO THOUSAND THIR-
   42  TEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR BUDGET AND ANNUALLY  THEREAFTER,
   43  THE  MAYOR  SHALL  ANNUALLY  CERTIFY  TO  THE  COMMISSIONER,  IN  A FORM
   44  PRESCRIBED BY THE COMMISSIONER UPON APPROVAL  OF  THE  DIRECTOR  OF  THE
   45  BUDGET,  AS  TO  THE  CITY AMOUNT IN SUCH BUDGET, THE CITY AMOUNT IN THE
   46  BASE YEAR, AND THAT THE CITY AMOUNT APPROPRIATED IN SUCH  BUDGET  IS  IN
   47  COMPLIANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
   48    (D)  THE  SCHOOL  DISTRICT AUDIT REPORT CERTIFIED TO BY AN INDEPENDENT
   49  CERTIFIED PUBLIC ACCOUNTANT OR AN  INDEPENDENT  ACCOUNTANT  PURSUANT  TO
   50  SECTION  TWENTY-ONE HUNDRED SIXTEEN-A OF THIS TITLE FOR THE TWO THOUSAND
   51  THIRTEEN--TWO THOUSAND FOURTEEN SCHOOL YEAR BUDGET AND  ANNUALLY  THERE-
   52  AFTER  SHALL  INCLUDE  A  CERTIFICATION  BY  THE  ACCOUNTANT,  IN A FORM
   53  PRESCRIBED BY THE COMMISSIONER UPON APPROVAL  OF  THE  DIRECTOR  OF  THE
   54  BUDGET,  AS  TO  THE  CITY AMOUNT EXPENDED IN THE SCHOOL YEAR COVERED BY
   55  SUCH AUDIT REPORT, THE CITY AMOUNT IN THE PRIOR SCHOOL  YEAR,  AND  THAT
       A. 2230                            16

    1  THE CITY AMOUNT EXPENDED IN THE SCHOOL YEAR COVERED BY SUCH AUDIT REPORT
    2  IS IN COMPLIANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
    3    3. THE SUPERINTENDENT MAY, TO MEET OR RESPOND TO EMERGENCIES WHICH MAY
    4  ARISE,  SUBMIT  A  SPECIAL  ESTIMATE  IN  WHICH  ITEMS FOR EXTRAORDINARY
    5  EXPENSES MAY BE SUBMITTED TO MEET SUCH EMERGENCIES. SUCH ESTIMATE  SHALL
    6  CONTAIN  A  COMPLETE  STATEMENT  OF THE PURPOSES FOR WHICH THE ITEMS ARE
    7  REQUESTED AND THE NECESSITY THEREFOR. THE SAME METHOD OF PROCEDURE SHALL
    8  BE FOLLOWED IN SUBMITTING SUCH  ESTIMATE  AND  SUCH  ESTIMATE  SHALL  BE
    9  SUBJECT  TO  THE  SAME  CONSIDERATION  AND  ACTION AS IS REQUIRED IN THE
   10  SUBMISSION, CONSIDERATION AND ACTION UPON THE  REGULAR  ANNUAL  ESTIMATE
   11  SUBMITTED  BY THE SUPERINTENDENT. THE COMMON COUNCIL SHALL HAVE POWER TO
   12  MAKE THE APPROPRIATIONS REQUESTED BY THE SUPERINTENDENT IN SUCH  SPECIAL
   13  ESTIMATE.
   14    4.  THE  BOARD  SHALL  NOT  INCUR A LIABILITY OR AN EXPENSE CHARGEABLE
   15  AGAINST THE FUNDS UNDER ITS CONTROL OR  THE  CITY  FOR  ANY  PURPOSE  IN
   16  EXCESS  OF  THE  AMOUNT  APPROPRIATED OR AVAILABLE THEREFOR OR OTHERWISE
   17  AUTHORIZED BY LAW.
   18    S 2591-J. CUSTODY AND DISBURSEMENT OF FUNDS. 1. PUBLIC  MONEYS  APPOR-
   19  TIONED TO THE CITY BY THE STATE AND ALL FUNDS RAISED OR COLLECTED BY THE
   20  AUTHORITIES  IN  THE CITY FOR SCHOOL PURPOSES OR TO BE USED BY THE BOARD
   21  FOR ANY PURPOSE AUTHORIZED IN THIS ARTICLE, OR ANY OTHER FUNDS BELONGING
   22  TO THE  CITY  AND  RECEIVED  FROM  ANY  SOURCE  WHATSOEVER  FOR  SIMILAR
   23  PURPOSES,  SHALL  BE  PAID  INTO  THE TREASURY OF SUCH CITY AND SHALL BE
   24  CREDITED TO THE BOARD. THE FUNDS SO RECEIVED INTO SUCH TREASURY SHALL BE
   25  KEPT SEPARATE AND DISTINCT FROM ANY OTHER FUNDS RECEIVED INTO  THE  SAID
   26  TREASURY.  THE  OFFICER  HAVING THE CHARGE THEREOF SHALL GIVE SUCH ADDI-
   27  TIONAL SECURITY FOR THE SAFE CUSTODY THEREOF AS THE  CORPORATE  AUTHORI-
   28  TIES OF SUCH CITY SHALL REQUIRE.
   29    2.  SUCH FUNDS SHALL BE DISBURSED BY AUTHORITY OF THE BOARD UPON WRIT-
   30  TEN ORDERS DRAWN ON THE CITY TREASURER OR OTHER FISCAL  OFFICER  OF  THE
   31  CITY.  SUCH  ORDERS SHALL BE SIGNED BY THE SUPERINTENDENT OF SCHOOLS AND
   32  THE CLAIMS AUDITOR. ORDERS SHALL BE  NUMBERED  CONSECUTIVELY  AND  SHALL
   33  SPECIFY  THE  PURPOSE  FOR WHICH THEY ARE DRAWN AND THE PERSON OR CORPO-
   34  RATION TO WHOM THEY ARE PAYABLE. THE CLAIMS AUDITOR  SHALL  ENSURE  THAT
   35  ORDERS  COMPLY  WITH THE APPROPRIATE POLICIES AND PROCEDURES OF THE CITY
   36  SCHOOL DISTRICT PRIOR  TO  APPROVAL  FOR  PAYMENT,  INCLUDING  WITH  THE
   37  PROCUREMENT  POLICY  PROPOSED  BY THE SUPERINTENDENT PURSUANT TO SECTION
   38  TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE  AND  APPROVED  BY  THE
   39  BOARD PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTI-
   40  CLE.  CLAIMS  AGAINST THE CITY SCHOOL DISTRICT SHALL NOT BE PAID WITHOUT
   41  PRIOR AUDIT AND APPROVAL BY THE CLAIMS AUDITOR.
   42    3. FIXED SALARIES, PRINCIPAL  OF  AND  INTEREST  ON  INDEBTEDNESS  AND
   43  AMOUNTS  BECOMING  DUE  UPON  LAWFUL CONTRACTS FOR PERIODS EXCEEDING ONE
   44  YEAR MAY BE DISBURSED WITHOUT PRIOR AUDIT OF THE  BOARD  OR  THE  CLAIMS
   45  AUDITOR.  BY  RESOLUTION  DULY ADOPTED, THE BOARD MAY DETERMINE TO ENTER
   46  INTO A CONTRACT TO PROVIDE FOR THE DEPOSIT OF THE  PERIODIC  PAYROLL  OF
   47  THE  SCHOOL  DISTRICT  IN A BANK OR TRUST COMPANY FOR DISBURSAL BY IT IN
   48  ACCORDANCE WITH PROVISIONS OF SECTION NINETY-SIX-B OF THE BANKING LAW.
   49    4. IT SHALL BE UNLAWFUL FOR A CITY TREASURER OR OTHER  OFFICER  HAVING
   50  THE CUSTODY OF SUCH CITY FUNDS TO PERMIT THEIR USE FOR ANY PURPOSE OTHER
   51  THAN THAT FOR WHICH THEY ARE LAWFULLY AUTHORIZED; THEY SHALL BE PAID OUT
   52  ONLY  ON  AUDIT  OF  THE CLAIMS AUDITOR OR AS OTHERWISE PROVIDED BY LAW.
   53  PAYMENTS FROM SUCH FUNDS SHALL BE MADE ONLY  BY  CHECKS  SIGNED  BY  THE
   54  TREASURER OR OTHER CUSTODIAN OF SUCH MONEYS AND PAYABLE TO THE PERSON OR
   55  PERSONS  ENTITLED  THERETO AND COUNTERSIGNED BY AN OFFICER DESIGNATED BY
   56  THE OFFICER OR BODY HAVING THE GENERAL CONTROL OF THE FINANCIAL  AFFAIRS
       A. 2230                            17

    1  OF  SUCH CITY.  THE BOARD SHALL MAKE, IN ADDITION TO SUCH CLASSIFICATION
    2  OF ITS FUNDS AND ACCOUNTS AS IT DESIRES FOR ITS OWN USE AND INFORMATION,
    3  SUCH FURTHER CLASSIFICATION  OF  THE  FUNDS  UNDER  ITS  MANAGEMENT  AND
    4  CONTROL  AND  OF THE DISBURSEMENTS THEREOF AS THE OFFICER OR BODY HAVING
    5  THE GENERAL CONTROL  OF  THE  FINANCIAL  AFFAIRS  OF  SUCH  CITY,  SHALL
    6  REQUIRE,  AND  SUCH  BOARD  SHALL  FURNISH SUCH DATA IN RELATION TO SUCH
    7  FUNDS AND THEIR DISBURSEMENTS AS THE FINANCIAL OFFICER OR  BODY  OF  THE
    8  CITY SHALL REQUIRE.
    9    S  3.  The charter of the city of Rochester is amended by adding a new
   10  chapter 17 to read as follows:
   11                                 CHAPTER 17
   12                      INDEPENDENT EDUCATION BUDGET OFFICE
   13  SECTION 17-1. INDEPENDENT EDUCATION BUDGET OFFICE.
   14          17-2. APPOINTMENT PROCESS; TERM OF OFFICE OF DIRECTOR.
   15          17-3. DUTIES AND RESPONSIBILITIES OF DIRECTOR.
   16          17-4. FUNDING OF OFFICE.
   17    S 17-1. INDEPENDENT EDUCATION BUDGET OFFICE.
   18    THERE SHALL BE ESTABLISHED PURSUANT TO  THIS  SECTION  AN  INDEPENDENT
   19  EDUCATION  BUDGET  OFFICE  TO  BE  HEADED  BY  A  DIRECTOR  WHO SHALL BE
   20  APPOINTED BY THE MAYOR UPON THE RECOMMENDATION OF  A  SPECIAL  COMMITTEE
   21  ESTABLISHED FOR THIS PURPOSE.
   22    S 17-2. APPOINTMENT PROCESS; TERM OF OFFICE OF DIRECTOR.
   23    A.  THE  SPECIAL  COMMITTEE SHALL CONSIST OF FIVE MEMBERS; TWO MEMBERS
   24  APPOINTED BY THE MAYOR, TWO MEMBERS APPOINTED BY THE COMMON COUNCIL, AND
   25  ONE MEMBER MUTUALLY AGREED TO BY  THE  MAYOR  AND  THE  COMMON  COUNCIL.
   26  MEMBERS  SHALL  POSSESS  EXTENSIVE KNOWLEDGE AND EXPERIENCE IN EDUCATION
   27  POLICY AND FINANCE. THE MEMBERS OF THE SPECIAL COMMITTEE  SHALL  NOT  BE
   28  PAID  A  SALARY  OR  STIPEND, BUT SHALL BE REIMBURSED FOR ALL ACTUAL AND
   29  NECESSARY EXPENSES DIRECTLY RELATED TO THE DUTIES  AND  RESPONSIBILITIES
   30  OF SUCH COMMITTEE.
   31    B.  THE  SPECIAL COMMITTEE, PURSUANT TO A PUBLICLY-INCLUSIVE SCREENING
   32  AND INTERVIEW PROCESS, SHALL RECOMMEND THREE CANDIDATES TO THE MAYOR FOR
   33  HIS OR HER APPOINTMENT.
   34    C. THE DIRECTOR SHALL BE APPOINTED WITHOUT REGARD TO POLITICAL  AFFIL-
   35  IATION  AND  SOLELY  ON  THE BASIS OF FITNESS TO PERFORM THE DUTIES, AND
   36  SHALL SERVE A FOUR YEAR TERM. THE  DIRECTOR  MAY  BE  REMOVED  ONLY  FOR
   37  CAUSE.  IN  THE EVENT OF A VACANCY, THE INDIVIDUAL APPOINTED TO FILL THE
   38  VACANCY SHALL BE APPOINTED PURSUANT TO SECTION 17-1 OF THIS CHAPTER  AND
   39  THIS SECTION, AND SERVE ONLY FOR THE UNEXPIRED PORTION OF THE TERM.
   40    D. THE SPECIAL COMMITTEE SHALL BE DISSOLVED AFTER THE APPOINTMENT OF A
   41  DIRECTOR  BY THE MAYOR. IN THE EVENT OF A VACANCY, A NEW SPECIAL COMMIT-
   42  TEE SHALL BE APPOINTED PURSUANT TO SUBDIVISION A OF THIS SECTION.
   43    S 17-3. DUTIES AND RESPONSIBILITIES OF DIRECTOR.
   44    A. THE DIRECTOR SHALL PROVIDE TO THE MAYOR, THE COMMON COUNCIL AND THE
   45  PUBLIC, THE FOLLOWING INFORMATION:
   46    (1) INFORMATION WITH RESPECT TO THE BUDGET, APPROPRIATIONS  BILLS  AND
   47  PROPOSED  LOCAL  LAWS WITH FISCAL IMPLICATIONS AFFECTING THE CITY SCHOOL
   48  DISTRICT;
   49    (2) INFORMATION WITH RESPECT TO  ESTIMATED  CITY,  STATE  AND  FEDERAL
   50  REVENUES  AND  CHANGING  REVENUE  CONDITIONS  AFFECTING  THE CITY SCHOOL
   51  DISTRICT; AND
   52    (3) TO THE EXTENT PRACTICABLE, SUCH OTHER INFORMATION OR  ANALYSES  AS
   53  MAY BE REQUESTED BY SUCH OFFICIALS AND BODIES.
   54    B.  THE  DIRECTOR SHALL ALSO ISSUE REGULAR REPORTS TO ENHANCE OFFICIAL
   55  AND PUBLIC UNDERSTANDING OF  THE  EDUCATION  BUDGET,  INCLUDING  MATTERS
   56  RELATING TO CITY, STATE AND FEDERAL REVENUES, EXPENDITURES, OR FINANCIAL
       A. 2230                            18

    1  MANAGEMENT  PRACTICES  AFFECTING  THE  CITY  SCHOOL DISTRICT AND RELATED
    2  MATTERS.
    3    C.  THE DIRECTOR SHALL BE AUTHORIZED TO SECURE SUCH INFORMATION, DATA,
    4  ESTIMATES AND STATISTICS  FROM  THE  MAYOR,  COMMON  COUNCIL,  AGENCIES,
    5  DEPARTMENTS,  OFFICES  AND  OTHER PUBLIC ENTITIES OF THE CITY, INCLUDING
    6  THE CITY SCHOOL DISTRICT AS THE DIRECTOR DETERMINES TO BE NECESSARY  FOR
    7  THE  PERFORMANCE  OF  THE  FUNCTIONS  AND DUTIES OF THE OFFICE; AND SUCH
    8  OFFICIALS OR ENTITIES SHALL PROVIDE SUCH INFORMATION, TO THE EXTENT THAT
    9  IT IS AVAILABLE, IN A TIMELY FASHION. THE DIRECTOR SHALL NOT BE ENTITLED
   10  TO  OBTAIN  RECORDS  WHICH  ARE  PROTECTED   BY   THE   PRIVILEGES   FOR
   11  ATTORNEY-CLIENT  COMMUNICATIONS,  ATTORNEY  WORK  PRODUCT,  AND MATERIAL
   12  PREPARED FOR LITIGATION.
   13    D. THE DIRECTOR SHALL  MAKE  ALL  INFORMATION,  DATA,  ESTIMATES,  AND
   14  STATISTICS  OBTAINED  UNDER  THIS  SECTION,  AND ALL STUDIES AND REPORTS
   15  PREPARED BY THE OFFICE, AVAILABLE  FOR  PUBLIC  INSPECTION  AND  COPYING
   16  DURING  NORMAL  BUSINESS  HOURS  AND  SHALL,  TO THE EXTENT PRACTICABLE,
   17  FURNISH A COPY OF ANY SUCH INFORMATION OR  REPORT  TO  ANY  PERSON  UPON
   18  REQUEST AT A REASONABLE COST.
   19    S 17-4. FUNDING OF OFFICE.
   20    THE  APPROPRIATIONS AVAILABLE TO PAY FOR THE EXPENSES OF THE INDEPEND-
   21  ENT BUDGET OFFICE DURING EACH FISCAL YEAR SHALL NOT BE  LESS  THAN  FIVE
   22  PER  CENTUM  OF  THE APPROPRIATIONS TO PAY THE EXPENSES OF THE OFFICE OF
   23  MANAGEMENT AND BUDGET DURING SUCH FISCAL YEAR.
   24    S 4. Section 2552 of the education law, as amended by chapter  138  of
   25  the laws of 1974, is amended to read as follows:
   26    S 2552. Board  of education.  The board of education of each such city
   27  school district is hereby continued. The  educational  affairs  in  each
   28  such  city  school  district  shall  be under the general management and
   29  control of a board of education to consist of not less  than  three  and
   30  not more than nine members, to be chosen as hereinafter provided, and to
   31  be  known as members of the board of education, except that the board of
   32  education of the city school district of the city of New York  shall  be
   33  constituted  as  provided  in  article  fifty-two-A of this chapter, AND
   34  EXCEPT FURTHER THAT THE BOARD OF EDUCATION OF THE CITY  SCHOOL  DISTRICT
   35  OF  THE  CITY  OF  ROCHESTER SHALL BE CONSTITUTED AS PROVIDED IN ARTICLE
   36  FIFTY-TWO-B OF THIS CHAPTER.   The number of members  on  the  board  of
   37  education  of  each  such  city  school district shall continue to be as
   38  follows:
   39    a. City school district of the city of Buffalo: nine members.
   40    b. [City school district of the city of Rochester: seven members.
   41    c.] City school district of the city of Syracuse: seven members.
   42    [d.] C. City school district of the city of Yonkers: nine members.
   43    S 5. Subdivisions 1, 2, 4, 5, 6, 8 and 9 of section 2553 of the educa-
   44  tion law, subdivision 1 as separately amended by chapters 211 and 441 of
   45  the laws of 1980, subdivisions 2, 4 and 5 as added by chapter 242 of the
   46  laws of 1974, subdivision 6 and paragraphs (c),  (d),  (e)  and  (g)  of
   47  subdivision  9 as amended and paragraphs (f) and (h) of subdivision 9 as
   48  relettered by chapter 211 of the laws of 1980, subdivision 8 as  amended
   49  by  chapter  762 of the laws of 1950 and as renumbered by chapter 330 of
   50  the laws of 1969, subdivision 9 as added by chapter 141 of the  laws  of
   51  1971,  paragraph  (b) of subdivision 9 as amended by chapter 1126 of the
   52  laws of 1971 and such subdivision 9 as renumbered by chapter 242 of  the
   53  laws of 1974, are amended to read as follows:
   54    1.  No  person shall be eligible to the office of member of a board of
   55  education who is not a citizen of the United States, who is  not  quali-
   56  fied  to  register  for  or  vote  at an election in accordance with the
       A. 2230                            19

    1  provisions of section 5-106 of the election law, and who, in the case of
    2  the city school district of the city of Yonkers, has not been a resident
    3  of the city school district for which he OR SHE is chosen for  a  period
    4  of  at  least  three  years immediately preceding the date of his OR HER
    5  election or appointment and who, in the case of the city school district
    6  of the city of Buffalo, in the case of a member to be elected  at  large
    7  is  not  a  qualified voter of such city school district and who has not
    8  been a resident of such district for a period of at  least  three  years
    9  immediately preceding the date of his OR HER election and in the case of
   10  a member elected from a city school subdistrict is not a qualified voter
   11  of  such city school subdistrict and has not been a resident of the city
   12  school district for three years  and  a  resident  of  the  city  school
   13  subdistrict which he OR SHE represents or seeks to represent for a peri-
   14  od  of  one  year immediately preceding the date of his OR HER election,
   15  and who, in the case of the city school district of the city of [Roches-
   16  ter, is not a qualified voter under section 5-102 of the election law of
   17  such city school district; and who  in  the  case  of  the  city  school
   18  district  of  the city of] Syracuse has not been a qualified voter under
   19  section 5-102 of the election law of such city school  district  for  at
   20  least  ninety days immediately preceding the date of his OR HER election
   21  or appointment.
   22    2. In the city school [districts] DISTRICT of  the  [cities]  CITY  of
   23  [Rochester and] Syracuse the members of such board of education shall be
   24  chosen by the voters at large at either a general or municipal election,
   25  or  at  both.  In  the  city  school district of the city of Buffalo the
   26  members of such board of education  shall  be  chosen  pursuant  to  the
   27  provisions of subdivision ten of this section.
   28    4.  In the city school districts of the following cities, the terms of
   29  such members shall be as follows:
   30    a. [Rochester: Four Years;
   31    b.] Syracuse: Four Years;
   32    [c.] B. Yonkers: Five Years.
   33    5. The terms of one-fifth of all the members of a board of  education,
   34  or of a fraction as close to one-fifth thereof as possible, shall expire
   35  annually  on  the  first  Tuesday  in  May,  except  in  the city school
   36  districts of the cities of Buffalo[, Rochester] and Syracuse.
   37    6. If a vacancy occurs other than by expiration of term in the  office
   38  of  a member of a board of education in a district in which such members
   39  are elected at a general or municipal election, such  vacancy  shall  be
   40  filled  by  appointment by the mayor until the next general or municipal
   41  election is held, and such vacancy shall then be filled at such election
   42  for the unexpired portion of such term, except that [in the city  school
   43  district  of  the  city  of  Rochester  any such vacancy shall be filled
   44  pursuant to the provisions of  subdivision  nine  of  this  section  and
   45  except  further  that] any such vacancy on the board of education of the
   46  city school district of the city of Buffalo shall be filled pursuant  to
   47  the provisions of subdivision ten of this section.
   48    8.  A  member of a board of education who publicly declares that he OR
   49  SHE will not accept or serve in the office of member of  such  board  of
   50  education, or refuses or neglects to attend three successive meetings of
   51  such  board,  of  which  he OR SHE is duly notified, without rendering a
   52  good and valid excuse therefor to the other members  of  such  board  of
   53  education, vacates his OR HER office by refusal to serve.
   54    [9.  (a)  The  members  of  the  board of education of the city school
   55  district of the city of Rochester shall  be  elected  by  the  qualified
   56  voters of such city as provided herein.
       A. 2230                            20

    1    (b)  The  members  of the board of education shall be elected at large
    2  throughout the city by the qualified voters at a general election.
    3    (c)  Such  elections  for  such  officers  shall  be  governed  by the
    4  provisions of the election law in the  same  manner  as  candidates  for
    5  office  generally  to be elected by the voters of the city of Rochester;
    6  provided, however, that each such candidate shall be  required  to  file
    7  petitions containing at least one thousand signatures.
    8    (d)  No  person  shall  be  eligible for the office of members of such
    9  board of education who is not a qualified voter under section  5-102  of
   10  the  election  law of such city school district. No person shall hold at
   11  the same time the office of member of the board  of  education  and  any
   12  other elective office nor shall he be a candidate for any other elective
   13  office  at  the  same time he is a candidate for the office of member of
   14  such board of education.
   15    (e) The term of office of each member of  such  board  shall  be  four
   16  years,  commencing  on  the first day of January following his election.
   17  The candidates receiving a plurality of the votes cast respectively  for
   18  the  several  offices  shall  be  declared  elected. Where more than one
   19  office is to be filled by such election and there is a variance  in  the
   20  length of the terms, the candidate receiving the largest number of votes
   21  shall  be  entitled to the longest term and the candidates receiving the
   22  next highest number of votes shall be entitled, in decreasing  order  of
   23  the  respective  number  of  votes to the several offices, in decreasing
   24  order of the length of such terms or unexpired portions of terms.  When-
   25  ever a vacancy shall occur or exist in the office of member of the board
   26  of  education except by reason of expiration of term, such vacancy shall
   27  be filled by the president of the board of education by appointment of a
   28  nominee of the members of the board of education of the  same  political
   29  affiliation  as the person who vacated the office and such nominee shall
   30  be elected by the majority vote of the board of education; if the  board
   31  shall  not  have filled the vacancy within thirty days from the date the
   32  vacancy occurred, then the president of the board shall fill the vacancy
   33  from the same political party as that of  the  person  who  vacated  the
   34  office.  However,  if the vacancy shall occur in the office of member of
   35  the board of education filled by an incumbent elected on a  non-partisan
   36  or  an independent basis, such vacancy shall be filled, after nomination
   37  by the president of the board of education,  by  majority  vote  of  the
   38  remaining  members of the board of education. A person appointed to fill
   39  a vacancy shall hold office to and including  the  thirty-first  day  of
   40  December  next  succeeding  the  first  general  election following such
   41  vacancy, at which a successor must be elected for the remainder  of  the
   42  unexpired term, if any.
   43    (f)  The members so elected to the board of education shall convene on
   44  the first business day in January of  each  year  at  the  time  of  the
   45  commencement  of  their  term  of office and select from their members a
   46  president who shall serve for a term of one year or such other term, not
   47  exceeding the term of his office, as may be fixed by the rules and regu-
   48  lations of the board.
   49    (g) The election of members of the board of education  of  the  school
   50  district  of Rochester shall take place at a general election to be held
   51  in such city when an incumbent's term expires, and  the  first  election
   52  hereinunder shall take place in November of nineteen hundred eighty-one.
   53  Such election shall be conducted by the board of elections of the county
   54  of  Monroe  in the same manner as general elections are conducted by it.
   55  The results of such elections, after canvassing, shall be certified  and
   56  reported  by  the  board  of elections to the board of education of such
       A. 2230                            21

    1  city. The clerk or other appropriate officer of the board  of  education
    2  shall  within  twenty-four hours after the receipt of such certification
    3  by the board of elections serve a written notice either personally or by
    4  mail upon each person declared to be elected as a member of the board of
    5  education informing him of his election and the length of his term.
    6    (h)  Notwithstanding  the  provisions  of  any  other law, the present
    7  members of said board of education shall serve the full terms for  which
    8  they  were  elected.  Vacancies  which  may  occur in the board shall be
    9  filled as provided herein, except, that the  vacancies  created  by  the
   10  expansion  of  the  board  of  education  from five to seven members, as
   11  provided herein, shall be filled at the next general election.]
   12    S 6. The opening paragraph of section 2554 of the  education  law,  as
   13  amended  by  chapter  91  of  the  laws  of  2002, is amended to read as
   14  follows:
   15    Subject to the provisions of this chapter, the board of education in a
   16  city, except the city board of the city of New York  AND  THE  BOARD  OF
   17  EDUCATION  OF  THE  CITY SCHOOL DISTRICT OF THE CITY OF ROCHESTER, shall
   18  have the power and it shall be its duty:
   19    S 7. Subdivision 2 of section 2554 of the education law, as amended by
   20  chapter 27 of the laws of 2012, is amended to read as follows:
   21    2. To create, abolish, maintain and consolidate such positions,  divi-
   22  sions,  boards  or bureaus as, in its judgment, may be necessary for the
   23  proper and efficient administration of its work;  to  appoint  a  super-
   24  intendent  of  schools,  such  associate,  assistant, district and other
   25  superintendents, examiners, directors, supervisors,  principals,  teach-
   26  ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
   27  tors, attendance officers, secretaries, clerks, custodians, janitors and
   28  other employees and other persons or experts in educational,  social  or
   29  recreational  work  or  in  the  business management or direction of its
   30  affairs as said  board  shall  determine  necessary  for  the  efficient
   31  management  of  the  schools and other educational, social, recreational
   32  and business activities; provided, however,  that  in  the  city  school
   33  [districts]  DISTRICT  of  the [cities] CITY of Buffalo[, Rochester, and
   34  Syracuse] appointment of associate, assistant and  district  superinten-
   35  dents,  and  other  supervising staff who are excluded from the right to
   36  bargain collectively pursuant to article fourteen of the  civil  service
   37  law  shall,  within  the  amounts budgeted for such positions, be by the
   38  superintendent of such city school  district;  and  to  determine  their
   39  duties except as otherwise provided herein.
   40    S  7-a.  Subdivision  2-a  of  section  2554  of the education law, as
   41  amended by section 16 of subpart F of part C of chapter 97 of  the  laws
   42  of 2011, is amended to read as follows:
   43    2-a.  a.  In  its  discretion  to  adopt a resolution establishing the
   44  office of claims auditor and appoint a claims auditor who shall hold his
   45  or her position subject to the pleasure of the board. In its discretion,
   46  the board may adopt a resolution establishing one  or  more  offices  of
   47  deputy  claims auditor who shall act as claims auditor in the absence of
   48  the claims auditor. Such claims auditor shall  report  directly  to  the
   49  board  of  education. No person shall be eligible for appointment to the
   50  office of claims auditor or deputy claims auditor who shall be
   51    (1) a member of the board of education;
   52    (2) a clerk or treasurer of the board of education;
   53    (3) the superintendent of schools or other official  of  the  district
   54  responsible for business management;
   55    (4) the person designated as purchasing agent; or
       A. 2230                            22

    1    (5) clerical or professional personnel directly involved in accounting
    2  and purchasing functions of the school district.
    3    b.  The  positions of claims auditor or deputy claims auditor shall be
    4  classified in the exempt class of civil service. The board of education,
    5  at any time after the establishment of the office of claims  auditor  or
    6  deputy  claims  auditor,  may  adopt a resolution abolishing the office;
    7  PROVIDED, HOWEVER, THAT THE  BOARD  OF  EDUCATION  OF  THE  CITY  SCHOOL
    8  DISTRICT  OF  THE CITY OF ROCHESTER SHALL NOT ABOLISH SUCH OFFICE.  When
    9  the office of claims auditor shall have been established  and  a  claims
   10  auditor  shall  have been appointed and shall have qualified, the powers
   11  and duties of the board of education with respect to auditing  accounts,
   12  charges,  claims  or  demands  against  the  city  school district shall
   13  devolve upon and thereafter be exercised by such claims auditor,  during
   14  the continuance of the office. The board of education shall be permitted
   15  to  delegate  the claims audit function to one or more independent enti-
   16  ties by using (1) inter-municipal cooperative agreements, or  (2)  inde-
   17  pendent contractors, to fulfill this function.
   18    c.  When  the  board  of education delegates the claims audit function
   19  using an inter-municipal cooperative agreement, shared  service  author-
   20  ized  by section nineteen hundred fifty of this title, or an independent
   21  contractor, the board shall be responsible for auditing all  claims  for
   22  services  from the entity providing the delegated claims auditor, either
   23  directly or through a delegation to a different independent entity.
   24    S 8. Subdivision 1 of section 2563 of the education law, as amended by
   25  chapter 228 of the laws of 1971, is amended to read as follows:
   26    1. The annual meeting of a board of education shall  be  held  on  the
   27  second  Tuesday in May, at four o'clock in the afternoon, at which meet-
   28  ing the board shall select a president for the ensuing year, except that
   29  the annual meeting  of  the  board  of  education  of  the  city  school
   30  [district]  DISTRICTS  of  the  [city]  CITIES of New York AND ROCHESTER
   31  shall be held on the first Tuesday in July.
   32    S 9. Section 2565 of the education law, as amended by chapter  687  of
   33  the  laws of 1949, subdivision 1 as amended by chapter 41 of the laws of
   34  1996, subdivision 3 as added by chapter 302 of the laws of 1980 and such
   35  section as renumbered by chapter 762 of the laws of 1950, is amended  to
   36  read as follows:
   37    S 2565. Superintendent of schools, associate superintendents, board of
   38  superintendents.    1. The superintendent or an associate superintendent
   39  of schools of a city in office on June eighth, nineteen  hundred  seven-
   40  teen,  shall  hold  his OR HER position for the term for which he OR SHE
   41  was chosen and until his OR HER successor is chosen. A superintendent or
   42  associate superintendent appointed after such date shall hold his OR HER
   43  position in a city having a population of two hundred fifty thousand  or
   44  more  for  a period not to exceed four years from the date of his OR HER
   45  appointment and in all cities subject to the pleasure of  the  board  of
   46  education, except that in all other cities the superintendent of schools
   47  may  be  appointed for a term of not to exceed five years, provided that
   48  the terms or provisions of any employment contract  between  the  super-
   49  intendent  and the board of education relating to an increase in salary,
   50  compensation or other benefits, shall not be based on  or  tied  to  the
   51  terms  of any contract or collective bargaining agreement that the board
   52  of education has or will enter with the teachers or other  employees  of
   53  the school district.
   54    2.   A superintendent or an associate superintendent may vacate his OR
   55  HER position by filing a written resignation with the  board  of  educa-
   56  tion.   No person shall be eligible to the position of superintendent of
       A. 2230                            23

    1  schools, deputy superintendent of schools, associate  superintendent  of
    2  schools,  assistant superintendent of schools or other superintendent of
    3  schools or member of a board of examiners in a city  unless  he  OR  SHE
    4  shall  possess  or  be  entitled  to  a  superintendent's certificate as
    5  provided in section three thousand three of this chapter.
    6    [3. Notwithstanding the provisions of subdivisions one and two of this
    7  section, the superintendent of schools  of  the  Rochester  city  school
    8  district  shall  serve  at  the  pleasure  of  the  board  of education;
    9  provided, however, that such term shall, in no event, exceed a period of
   10  four years.]
   11    S 10. Subdivision 6 of section 2566 of the education law,  as  amended
   12  by chapter 27 of the laws of 2012, is amended to read as follows:
   13    6. To have supervision and direction of associate, assistant, district
   14  and other superintendents, directors, supervisors, principals, teachers,
   15  lecturers,  medical  inspectors,  nurses, claims auditors, deputy claims
   16  auditors, attendance officers, janitors and other  persons  employed  in
   17  the management of the schools or the other educational activities of the
   18  city  authorized  by this chapter and under the direction and management
   19  of the board of education, except that in the  city  school  [districts]
   20  DISTRICT  of  the [cities] CITY of Buffalo[, Rochester, and Syracuse] to
   21  also appoint, within the  amounts  budgeted  therefor,  such  associate,
   22  assistant  and  district superintendents and all other supervising staff
   23  who are excluded from the right  to  bargain  collectively  pursuant  to
   24  article fourteen of the civil service law; to transfer teachers from one
   25  school  to  another, or from one grade of the course of study to another
   26  grade in such course, and to report immediately such transfers  to  said
   27  board  for  its  consideration  and  action;  to report to said board of
   28  education violations of regulations and cases of insubordination, and to
   29  suspend an  associate,  assistant,  district  or  other  superintendent,
   30  director, supervisor, expert, principal, teacher or other employee until
   31  the  next  regular  meeting of the board, when all facts relating to the
   32  case shall be submitted to the board for its consideration and action.
   33    S 11. Subdivision 3 of section 2573 of the education law,  as  amended
   34  by chapter 27 of the laws of 2012, is amended to read as follows:
   35    3.  Associate  superintendents,  examiners  and  all  other  employees
   36  authorized by section twenty-five hundred fifty-four  of  this  article,
   37  except  as  otherwise provided in subdivision one of this section, shall
   38  be appointed by the board of education except that in  the  city  school
   39  [districts]  DISTRICT  of  the [cities] CITY of Buffalo[, Rochester, and
   40  Syracuse], the associate, assistant and district superintendents and all
   41  other supervising staff who are  excluded  from  the  right  to  bargain
   42  collectively pursuant to article fourteen of the civil service law shall
   43  be appointed, within amounts budgeted therefor, by the superintendent of
   44  such  city school district. In a city having a population of one million
   45  or more, such appointments shall be made on  nomination  of  the  super-
   46  intendent  of schools. Notwithstanding any other provision in this chap-
   47  ter to the contrary, whenever an associate superintendent of schools  in
   48  the  employ  of  the board of education in a city having a population of
   49  one million or more fails of reappointment, said person shall  be  imme-
   50  diately  appointed an assistant superintendent of schools with permanent
   51  appointment as said term permanent appointment is  defined  in  subdivi-
   52  sions  four,  five and six of this section. The salary of such assistant
   53  superintendent shall be less than the salary of an associate superinten-
   54  dent, but said differential in salary shall not exceed ten per centum of
   55  the annual salary of an associate  superintendent  of  schools.    When,
   56  however,  an associate superintendent of schools who fails of reappoint-
       A. 2230                            24

    1  ment has to his OR HER credit thirty  or  more  years  of  city  service
    2  including  ten or more years of service as such associate superintendent
    3  of schools, he OR SHE shall suffer no reduction of salary or of  pension
    4  prospects while serving as such assistant superintendent of schools.
    5    S  12.  Subdivision 2 of section 2576 of the education law, as amended
    6  by section 8 of part B of chapter 57 of the laws of 2007, is amended  to
    7  read as follows:
    8    2.  In  the city school districts of Syracuse[, Rochester] and Yonkers
    9  such estimate shall be filed with the mayor or city manager. Such  offi-
   10  cer  shall  place  such estimate before the board of estimate and appor-
   11  tionment or other similar body at the same time and in the  same  manner
   12  as  estimates  from  city departments or officers are placed before said
   13  board or body, and such estimate shall thereafter be subject to the same
   14  consideration, action and procedure as all  other  estimates  from  city
   15  departments or officers and said board or body may increase, diminish or
   16  reject any item contained in said estimate, except for fixed charges for
   17  which  the  city  is  liable  and subject to the limitations provided by
   18  subdivision five-b of this section. When such estimate is  adopted,  the
   19  said board or body shall file it with the common council.
   20    S  13. The terms of office of the members of the board of education of
   21  the city of Rochester elected and in office on  the  effective  date  of
   22  this  act shall expire June 30, 2014. On July 1, 2014, the mayor and the
   23  common council of the city of Rochester shall appoint a board of  educa-
   24  tion  for  such  city  school district pursuant to section 2591-c of the
   25  education law as added by section two of this  act.    The  mayor  shall
   26  appoint  two  members  for  an initial two-year term; two members for an
   27  initial three-year term; and one member for an initial  four-year  term.
   28  The  common  council  shall  appoint one member for a two-year term, one
   29  member for a three-year term, and two  members  for  a  four-year  term.
   30  After  the  initial  staggered terms, all members shall serve three-year
   31  terms.  The members of the board of education  established  pursuant  to
   32  section  2591-c of the education law as added by section two of this act
   33  shall take office July 1, 2014.
   34    S 14.   Notwithstanding any provisions of law  to  the  contrary,  the
   35  board  of education of the city school district of the city of Rochester
   36  and the city school district of the city of  Rochester,  as  established
   37  pursuant to article 52 of the education law, are prohibited from re-neg-
   38  otiating  or  otherwise amending any collective bargaining agreements or
   39  other contracts that expire or end on a date after the board  of  educa-
   40  tion, as established pursuant to section 2591-c of the education law, as
   41  added  by section two of this act, takes office. With respect to collec-
   42  tive bargaining agreements that expire or end prior to the date that the
   43  board of education, as established pursuant to  section  2591-c  of  the
   44  education  law,  as  added by section two of this act, takes office, the
   45  board of education or such city school district may only  negotiate  and
   46  enter  into  a new contract for a period that ends on December 31, 2014.
   47  With respect to contracts, other than collective bargaining  agreements,
   48  that  expire  or  end  prior to the date that the board of education, as
   49  established pursuant to section 2591-c of the education law, as added by
   50  section two of this act, takes office, or are  entered  into  after  the
   51  effective  date  of this act, the board of education or such city school
   52  district may only negotiate and enter into a new contract for  a  period
   53  that  ends  sixty  days  after  the date that the board of education, as
   54  established pursuant to section 2591-c of the education law, as added by
   55  section two of this act, takes office.
       A. 2230                            25

    1    S 15. The provisions of article 52 of the education law shall continue
    2  to apply to the city school district of the city of Rochester, provided,
    3  however, that where any of the provisions of article 52-B of the  educa-
    4  tion  law  are  inconsistent  with  the  provisions of article 52 of the
    5  education  law  pertaining to governance of the city of Rochester school
    6  district, the provisions of article 52 of the  education  law  shall  be
    7  superseded and the provisions of article 52-B of the education law shall
    8  apply.
    9    S  16.  Severability.   If any clause, sentence, paragraph, section or
   10  part of this act shall be adjudged by any court of  competent  jurisdic-
   11  tion  to be invalid and after exhaustion of all further judicial review,
   12  the judgment shall not affect, impair or invalidate the remainder there-
   13  of, but shall be confined in its  operation  to  the  clause,  sentence,
   14  paragraph,  section or part of this act directly involved in the contro-
   15  versy in which the judgment shall have been rendered.
   16    S 17. This act shall take effect immediately; provided,  however  that
   17  sections  two,  three, four, five, six, seven, eight, nine, ten, eleven,
   18  twelve and fifteen of this act shall take effect July 1,  2014  provided
   19  further  that the amendments to the opening paragraph of section 2554 of
   20  the education law made by section six of this act shall not  affect  the
   21  expiration  of  such paragraph and shall expire on the same date as such
   22  paragraph expires pursuant to section 34 of chapter 91 of  the  laws  of
   23  2002, as amended, or expire and be deemed repealed June 30, 2019, which-
   24  ever  occurs  first;  provided  further  that sections two, three, four,
   25  five, seven, eight, nine, ten, eleven, twelve and fifteen  of  this  act
   26  shall expire and be deemed repealed June 30, 2019.
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