STATE OF NEW YORK
________________________________________________________________________
215
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
___________
Introduced by M. of A. GANTT -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to mayoral control of the
city school district of the city of Rochester; to amend the Rochester
city charter, in relation to an independent budget office; and provid-
ing for the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "city of Rochester school district governance reform act".
3 § 2. The education law is amended by adding a new article 52-B to read
4 as follows:
5 ARTICLE 52-B
6 CITY OF ROCHESTER SCHOOL DISTRICT SYSTEM
7 Section 2591-a. Application of article.
8 2591-b. Definitions.
9 2591-c. Board of education; composition; establishment of city-
10 wide councils on special education and English
11 language learners.
12 2591-d. Board of education; powers and duties.
13 2591-e. Superintendent of schools; appointment; powers and
14 duties.
15 2591-f. Community schools advisory councils; composition; powers
16 and duties.
17 2591-g. Appointment of teachers, administrators, supervisors and
18 other employees.
19 2591-h. School principals; selection process; powers and duties.
20 2591-i. Budgetary and fiscal processes.
21 2591-j. Custody and disbursement of funds.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03142-01-5
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1 § 2591-a. Application of article. This article shall apply to the city
2 school district of the city of Rochester.
3 § 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 ninety-
8 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 § 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 fifteen 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
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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
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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 § 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;
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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;
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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 § 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.
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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 parent-
24 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
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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.
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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.
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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
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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 twenty-
4 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 § 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 sixteen, with terms
47 commencing on December first, two thousand sixteen. Thereafter,
48 commencing in the year two thousand eighteen, 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. 215 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 § 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. 215 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 § 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. 215 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 § 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. 215 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
42 fifteen--two thousand sixteen school year budget and annually thereaft-
43 er, 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 fifteen--two thousand sixteen school year budget and annually thereafter
52 shall include a certification by the accountant, in a form prescribed by
53 the commissioner upon approval of the director of the budget, as to the
54 city amount expended in the school year covered by such audit report,
55 the city amount in the prior school year, and that the city amount
A. 215 16
1 expended in the school year covered by such audit report is in compli-
2 ance 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 § 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. 215 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 § 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 § 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 § 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 § 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. 215 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 attorney-
11 client communications, attorney work product, and material prepared for
12 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 § 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 § 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 § 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 § 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. 215 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. 215 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
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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 § 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 § 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 § 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
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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 § 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 § 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 § 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. 215 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 § 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 § 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. 215 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 § 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 § 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, 2016. On July 1, 2016, 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, 2016.
34 § 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, 2016.
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. 215 25
1 § 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 § 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 § 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, 2016 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, 2021, 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, 2021.
