Add Art 52-B SS2591-a - 2591-j, amd SS2552, 2553, 2554, 2563, 2566 & 2573, rpld S2553 sub 10, S2576 sub 4, Ed
L
Provides for mayoral control of the city school district of Buffalo; provides for appointment of the board of education and the superintendent by the mayor.
STATE OF NEW YORK
________________________________________________________________________
7680
2015-2016 Regular Sessions
IN ASSEMBLY
May 21, 2015
___________
Introduced by M. of A. PEOPLES-STOKES -- 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 Buffalo; to repeal certain
provisions of the education law relating thereto; and providing for
the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "city of Buffalo 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 BUFFALO SCHOOL DISTRICT SYSTEM
7 Section 2591-a. Application of article.
8 2591-b. Definitions.
9 2591-c. Board of education; composition.
10 2591-d. Board of education; powers and duties.
11 2591-e. Superintendent of schools; appointment; powers and
12 duties.
13 2591-f. Community schools advisory councils; composition; powers
14 and duties.
15 2591-g. Appointment of teachers, administrators, supervisors and
16 other employees.
17 2591-h. School principals; selection process; powers and duties.
18 2591-i. Budgetary and fiscal processes.
19 2591-j. Custody and disbursement of funds.
20 § 2591-a. Application of article. This article shall apply to the city
21 school district of the city of Buffalo.
22 § 2591-b. Definitions. As used in this article, the following terms
23 shall mean:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10770-05-5
A. 7680 2
1 1. Board of education. The term "board of education" or "board" shall
2 mean the board of education of the city school district of the city of
3 Buffalo, established pursuant to section twenty-five hundred
4 ninety-one-c of this article.
5 2. City. The term "city" shall mean the city of Buffalo.
6 3. City district. The term "city district" shall mean the city school
7 district of the city of Buffalo.
8 4. Common council. The term "common council" shall mean the common
9 council of the city of Buffalo.
10 5. Commissioner. The term "commissioner" shall mean the commissioner
11 of the state education department.
12 6. Council district. The term "council district" shall mean the six
13 districts into which the city of Buffalo is divided pursuant to the
14 charter of such city for the purposes of electing district council
15 members.
16 7. Community schools advisory council. The term "community schools
17 advisory council" or "advisory council" shall mean the advisory council
18 established pursuant to section twenty-five hundred ninety-one-f of this
19 article.
20 8. Mayor. The term "mayor" shall mean the mayor of the city of
21 Buffalo.
22 9. Superintendent or superintendent of schools. The term "superinten-
23 dent" or "superintendent of schools" shall mean the superintendent of
24 the city school district of the city of Buffalo.
25 § 2591-c. Board of education; composition. 1. The board of education
26 of the city of Buffalo is hereby continued. Such board may be commonly
27 known and referred to as the education commission of the city of
28 Buffalo.
29 2. The board shall consist of nine members appointed by the mayor.
30 (a) The mayor shall make every effort to appoint a member from each
31 council district.
32 (b) Every member shall be a resident of the city.
33 (c) All members shall possess extensive educational, educational
34 administration, health or mental health, business or trade experience
35 and knowledge, or is capable of making a significant contribution to
36 improving the education of the students of the city district.
37 3. All members shall serve two year terms. All members shall serve at
38 the pleasure of the appointing authority. A member may be removed from
39 office by the appointing authority during his or her term for good cause
40 shown, after notice and opportunity to be heard. A member who refuses
41 or fails to attend three successive meetings of such board vacates his
42 or her office by refusal to serve. Any vacancy shall be filled by the
43 appointing authority within thirty days of the vacancy.
44 4. Members shall be paid a salary of not more than $5,000 per annum,
45 and shall be reimbursed for all actual and necessary expenses directly
46 related to the duties and responsibilities of the board.
47 5. (a) No person shall be eligible for the office of member of the
48 board who is not a qualified voter under section 5-102 of the election
49 law of such city school district. No person shall hold at the same time
50 the office of member of the board and any other elective office nor
51 shall such person be a candidate for any other elective office at the
52 same time he or she is a member of the board.
53 (b) No member of the board shall be employed by the city or the city
54 district or shall be a member of any public corporation, authority,
55 commission or entity in which the mayor has a majority of appointments.
A. 7680 3
1 6. The board shall hold at least one regular public meeting per month.
2 The board shall consider appropriate public accommodations when select-
3 ing a venue so as to maximize participation by parents and the communi-
4 ty. Notice of the time, place and agenda for all board regular public
5 meetings shall be publicly provided, including via the board's official
6 internet web site, at least ten business days in advance of such meet-
7 ing.
8 7. All members shall be required to prepare and file financial disclo-
9 sure statements pursuant to the charter of the city of Buffalo.
10 § 2591-d. Board of education; powers and duties. 1. The board shall
11 advise the superintendent on matters of policy affecting the welfare of
12 the city school district and its pupils. The board shall exercise no
13 executive power and perform no executive or administrative functions.
14 2. The board shall perform any duty imposed upon boards of education
15 or trustees of common schools under this chapter or other statutes, or
16 the rules of the regents and regulations of the commissioner so far as
17 they may be applicable to the school or other educational affairs of a
18 city, and not inconsistent with the provisions of this article.
19 3. Except as otherwise provided in this article, the board shall for
20 all purposes be the government or public employer of all persons
21 appointed or assigned to work for the city district.
22 4. The board shall also have the power and duty to:
23 (a) approve standards, policies, and objectives proposed by the super-
24 intendent directly related to educational achievement and student
25 performance;
26 (b) approve any other standards, policies, and objectives as specif-
27 ically authorized or required by federal or state law or regulation;
28 (c) approve a protocol developed by the superintendent relating to
29 school closures pursuant to section twenty-five hundred ninety-one-e of
30 this article;
31 (d) approve a procurement policy developed by the superintendent
32 pursuant to section twenty-five hundred ninety-one-e of this article;
33 (e) approve the purchase of such apparatus, maps, globes, books,
34 furniture and other equipment and supplies as may be necessary for the
35 proper and efficient management of the schools and other educational,
36 social and recreational activities and programs in the city district;
37 (f) approve a plan developed by the superintendent to ensure that all
38 instructional materials to be used in the schools of the district are
39 available in a usable alternative format for each student with a disa-
40 bility, as defined in section forty-four hundred one of this chapter,
41 and for each student who is a qualified individual with a disability as
42 defined in the rehabilitation act of nineteen hundred ninety-three (29
43 U.S.C. 701), as amended, in accordance with his or her educational needs
44 and course selection, at the same time as such instructional materials
45 are available to non-disabled students. As part of such plan, the super-
46 intendent shall amend the city district's procurement policies to give a
47 preference in the purchase of instructional materials to vendors who
48 agree to provide materials in alternative formats. For purposes of this
49 subdivision, "alternative format" shall mean any medium or format for
50 the presentation of instructional materials, other than a traditional
51 print textbook, that is needed as an accommodation for a disabled
52 student enrolled in the school district, including but not limited to
53 Braille, large print, open and closed captioned, audio, or an electronic
54 file in an approved format, as defined in the regulations of the commis-
55 sioner. When an electronic file is provided, the plan shall specify how
56 the format will be accessed by students and/or how the district shall
A. 7680 4
1 convert to an accessible format. Such plan shall identify the needs of
2 students residing in the district for alternative format materials. Such
3 plan shall also specify ordering timelines to ensure that alternative
4 format materials are available at the same time as regular format mate-
5 rials. Such plans shall include procedures to address the need to
6 obtain materials in alternative format without delay for disabled
7 students who move into the school district during the school year;
8 (g) approve the establishment of such free elementary schools, high
9 schools, community schools, training schools, vocational and industrial
10 schools, kindergartens, nursery schools, technical schools, night
11 schools, part-time or continuation schools, vocation schools, schools
12 for adults, schools for physically or mentally handicapped or delinquent
13 children or such other schools or classes as the superintendent shall
14 deem necessary to meet the needs and demands of the city;
15 (h) authorize the general courses of study which shall be given in the
16 schools and to approve the content of such courses before they become
17 operative;
18 (i) authorize and approve the textbooks to be used in the schools
19 under its jurisdiction;
20 (j) perform such other duties and possess such other powers as may be
21 required to administer the affairs placed under its control and manage-
22 ment, to execute all powers vested in it, and to promote the best inter-
23 ests of the students, schools and other activities committed to its
24 care;
25 (k) approve transportation, home-teaching or special classes, as
26 defined under sections forty-four hundred one and forty-four hundred two
27 of this chapter for physically or mentally handicapped and delinquent
28 children. Such transportation, home-teaching or special classes, when
29 provided pursuant to this subdivision, shall be granted to all such
30 children irrespective of the school they legally attend;
31 (l) approve any contract proposed by the superintendent for the trans-
32 portation of children to and from any school or institution of learning
33 whenever in the judgment of the superintendent such transportation is
34 required because of the remoteness of the school to the pupil or for the
35 promotion of the best interests of such children. Any such contract may
36 be made for a period not exceeding five years, notwithstanding any
37 provision of state or local law;
38 (m) approve, outside the territorial limits of the city district but
39 within the state or within an adjoining state, the provision of educa-
40 tion for children resident within the city district whenever in the
41 judgment of the board, approved by the commissioner, the health or
42 welfare of such children makes such provision necessary or desirable,
43 and the average daily attendance of such pupils shall be included in the
44 average daily attendance of such district as certified to the commis-
45 sioner in the report of the board;
46 (n) approve the process developed by the superintendent for the
47 recruitment, screening and selection of candidates for school princi-
48 pals; and
49 (o) approve the processes developed by the superintendent for the
50 selection of members to the community schools advisory councils pursuant
51 to section twenty-five hundred ninety-one-f of this article.
52 5. The board shall adopt a policy proposed by the superintendent that
53 promotes the recruitment and retention of a workforce at the city
54 district that considers the diversity of the students attending the
55 public schools within the city district. The board shall review at a
56 regular public meeting an annual report issued by the superintendent
A. 7680 5
1 outlining the initiatives taken to enhance diversity and equity in
2 recruitment and retention and the impacts of such initiatives to the
3 city workforce.
4 § 2591-e. Superintendent of schools; appointment; powers and duties.
5 1. The superintendent of schools shall be appointed by the mayor. The
6 superintendent may be removed by the appointing authority without prior
7 approval.
8 2. The superintendent shall have the following powers and duties:
9 (a) To be the chief executive officer of the city district, and shall
10 be a non-voting ex officio member of the board.
11 (b) Control and operate all pre-kindergarten, elementary, secondary
12 and special education schools, programs and services under the jurisdic-
13 tion of the city district.
14 (c) Promulgate minimum clear educational standards, curriculum
15 requirements and frameworks and mandatory educational objectives appli-
16 cable to all schools and programs throughout the city district, and
17 examine and evaluate periodically all such schools and programs with
18 respect to:
19 (i) compliance with such educational standards and other requirements,
20 and
21 (ii) the educational effectiveness of such schools and programs, in a
22 manner not inconsistent with the policies of the board.
23 (d) Prepare the content of each course of study authorized by the
24 board. The content of each such course shall be submitted to the board
25 for its approval and, when approved, the superintendent shall cause such
26 courses of study to be used in the grades, classes and schools for which
27 they are authorized.
28 (e) Prepare and file a budget estimate with the board of education for
29 the city district pursuant to section twenty-five hundred ninety-one-i
30 of this article.
31 (f) Recommend suitable lists of textbooks to be used in the schools.
32 (g) Promulgate policies establishing educational, managerial, and
33 administrative qualifications, performance record criteria, and perform-
34 ance standards for the positions of principal.
35 (h) Establish, subject to the approval of the board, a publicly inclu-
36 sive process for the recruitment, screening and selection of candidates
37 for school principals.
38 (i) Appoint and have supervision and direction of associate, assist-
39 ant, and other superintendents, directors, supervisors, principals,
40 teachers, attendance officers, janitors and other persons employed in
41 the management of the schools or the other educational activities of the
42 city authorized by this article.
43 (j) Transfer teachers from one school to another, or from one grade of
44 the course of study to another grade in such course, and to suspend an
45 associate, assistant or other superintendent, director, supervisor,
46 principal, teacher or other employee until such time when all facts
47 relating to the case shall be submitted to the board for its consider-
48 ation and action.
49 (k) Have supervision and direction over the enforcement and observance
50 of the courses of study, the examination and promotion of pupils, and
51 over all other matters pertaining to playgrounds, medical inspection,
52 recreation and social center work, libraries, lectures and all other
53 educational activities and interest under the management, direction and
54 control of the board.
55 (l) Promote the involvement and appropriate input of all members of
56 the school community, including parents, teachers, and other school
A. 7680 6
1 personnel, including, establishing a parents' association or a parent-
2 teachers' association in each school in the city district.
3 (m) Create standards, policies and objectives directly related to
4 maintaining the internal fiscal integrity of administrative operations
5 of the city district.
6 (n) Establish uniform procedures for record keeping, accounting and
7 reporting throughout the city district, including pupil record keeping,
8 accounting and reporting.
9 (o) Develop, subject to the approval of the board, a procurement poli-
10 cy for the city district, consistent with the provisions of section one
11 hundred three of the general municipal law and MWBE goals, which policy
12 shall include provisions for emergency procurements; a plan to ensure
13 that all instructional materials are available in a usable alternative
14 format for disabled students pursuant to subdivision four of section
15 twenty-five hundred ninety-one-d of this article; and shall also include
16 the requirement that the board must approve any contract awarded by the
17 city district or the superintendent where:
18 (i) such contract was let by a procurement method other than compet-
19 itive sealed bidding, including but not limited to competitive sealed
20 proposals, or sole source contracts. In the case of a sole source
21 contract, prior to the submission of the contract for approval, the
22 corporation counsel of the city shall certify that the legal and proce-
23 dural requisites for the solicitation and award of a sole source
24 contract have been complied with;
25 (ii) such contract provides for technical, consultant, or personal
26 services;
27 (iii) the value of such contract exceeds, or projects an annual
28 expenditure exceeding, fifty thousand dollars; or
29 (iv) the value of any contracts awarded to a single entity exceeds
30 fifty thousand dollars annually.
31 (p) Provide transportation, home-teaching or special classes for phys-
32 ically or mentally disabled and delinquent children. Such transporta-
33 tion, home-teaching or special classes, when provided pursuant to this
34 paragraph, shall be granted to all such children irrespective of the
35 school they legally attend.
36 (q) Issue an annual report on the participation of minority and women
37 owned business enterprises in the city district's procurement process.
38 (r) Enforce all provisions of law and all policies relating to the
39 management of the schools and other educational, social and recreational
40 activities under the direction of the board.
41 (s) Create, abolish, and consolidate such positions, divisions, boards
42 or bureaus as may be necessary for the proper and efficient adminis-
43 tration of the city district.
44 (t) Have the care, custody, control and safekeeping of all school
45 property or other property of the city used for educational, social or
46 recreational work and not specifically placed by law under the control
47 of some other body or officer, and to prescribe policies for the preser-
48 vation of such property.
49 (u) Establish and maintain libraries which may be open to the public,
50 to organize and maintain public lecture courses, and to establish and
51 equip playgrounds, recreation centers, social centers, and reading rooms
52 from such funds as this chapter or other statutes authorize and the
53 state appropriates for such purposes, and from such other funds as may
54 be provided therefor from local taxation or other sources.
55 (v) Conduct and maintain such extra classroom activities, including
56 the operation of cafeterias or restaurant service for pupils and teach-
A. 7680 7
1 ers, as the superintendent, from time to time, shall deem proper. Such
2 cafeterias or restaurant service may be used by the community for school
3 related functions and activities and to furnish meals to the elderly
4 residents, sixty years of age or older, of the district. Charges shall
5 be sufficient to meet the direct cost of preparing and serving such
6 meals, reducible by available reimbursements.
7 (w) In his or her discretion, purchase insurance against personal
8 injuries incurred by an authorized participant in a school volunteer
9 program, including but not limited to, those authorized participants who
10 assist on school buses, school sponsored transportation to and from
11 school, or on school sponsored field trips or any other school sponsored
12 activity; provided, however, that the injuries were incurred while the
13 authorized participant was functioning either within the scope of his or
14 her authorized volunteer duties or under the direction of the board.
15 (x) Where the district has provided transportation to students
16 enrolled in such district to a school sponsored field trip, extracurric-
17 ular activity or any other similar event, provide transportation back to
18 either the point of departure or to the appropriate school in the
19 district, unless the parent or legal guardian of a student participating
20 in such event has provided the school district with written notice,
21 consistent with district policy, authorizing an alternative form of
22 return transportation for such student or unless intervening circum-
23 stances make such transportation impractical. In cases where intervening
24 circumstances make transportation of a student back to the point of
25 departure or to the appropriate school in the district impractical, a
26 representative of the school district shall remain with the student
27 until such student's parent or legal guardian has been (i) contacted and
28 informed of the intervening circumstances which make such transportation
29 impractical and (ii) such student had been delivered to his or her
30 parent or legal guardian.
31 (y) Quarterly, prepare a school district report card in accordance
32 with subdivision twenty-four of section twenty-five hundred fifty-four
33 of this title to be submitted to the mayor, the board of education, the
34 temporary president of the senate, the speaker of the assembly, and the
35 governor and such report card shall be publicly available through the
36 city school district website for the community to review.
37 (z) In his or her discretion, to provide under a group insurance poli-
38 cy or policies issued by any insurance company or insurance companies
39 authorized to do business in this state or under a group contract issued
40 by one or more corporations subject to article forty-three of the insur-
41 ance law, life insurance or accident and health insurance benefits or
42 medical and surgical benefits or hospital service benefits or any two or
43 more of such kinds of benefits to teachers and other employees of the
44 school district who participate in a plan or plans, as hereinafter
45 provided. The disbursing officer of the school district is authorized to
46 deduct from the salary of such participant with his or her prior
47 consent, in writing, the sums representing the participant's share of
48 the premium or premiums which are payable by such officer to such insur-
49 ance company or corporation. The superintendent is authorized to pay
50 from such moneys as are available for the purpose, a share of the cost
51 of such benefit or benefits in such amount as is required to be paid
52 under such group insurance policy or policies or group contract or
53 contracts by the board, as employer. The sum to be paid by the super-
54 intendent under such policy or policies or contract or contracts, in the
55 discretion of the superintendent, may be any percentage of the total
56 cost of the benefit or benefits including the whole thereof.
A. 7680 8
1 (aa) Develop a process, to be approved by the board, for the selection
2 of members to the community schools advisory councils pursuant to
3 section twenty-five hundred ninety-one-f of this article.
4 3. Notwithstanding any other provisions of law to the contrary, public
5 schools within the city district shall be closed pursuant to the
6 requirements of this subdivision.
7 (a) The superintendent shall develop a protocol for school closures
8 that shall be approved by the board of education. Such protocol shall
9 include the establishment of quantifiable standards and criteria for
10 every proposed school closure that address:
11 (i) the school's academic performance, including standards and crite-
12 ria to identify for closure the persistently lowest-achieving schools in
13 the city school district that take into account student performance on
14 existing state assessments and graduation rates;
15 (ii) the school's responsiveness to previous school improvement or
16 turnaround efforts; and
17 (iii) the current and projected pupil enrollment of the affected
18 school and the prospective need for such school building.
19 (b) The superintendent shall prepare a school closure plan for each
20 proposed closure based on the protocol established pursuant to paragraph
21 (a) of this subdivision that shall include the following information:
22 (i) the ramifications of such school closure upon the community,
23 initial costs and savings resulting from such school closure, the poten-
24 tial disposability of any closed school;
25 (ii) the impacts of the proposed school closure to any affected
26 students and the ability of other schools in the affected community to
27 accommodate pupils following the school closure;
28 (iii) an outline of any proposed or potential use of the school build-
29 ing for other educational programs or administrative services;
30 (iv) the effect of such school closure on personnel needs, the costs
31 of instruction, administration, transportation, and other support
32 services; and
33 (v) the type, age, and physical condition of such school building,
34 maintenance, and energy costs, recent or planned improvements to such
35 school building, and such building's special features.
36 (c) Such school closure plan shall be made publicly available, includ-
37 ing via the board of education's official internet website, and a copy
38 shall also be filed with the affected community schools advisory council
39 at least six months in advance of the first day of school in the
40 succeeding school year.
41 (d) Within sixty days following the filing of the school closure plan,
42 the superintendent shall hold a joint public hearing with the impacted
43 community schools advisory council at the school that is subject to the
44 proposed school closing, and shall allow all interested parties an
45 opportunity to present comments or concerns regarding the proposed
46 school closing. The superintendent shall ensure that notice of such
47 joint hearing is widely and conspicuously posted in such a manner to
48 maximize the number of affected individuals that receive notice, includ-
49 ing providing notice to affected parents and students and the elected
50 state and local officials who represent the affected communities.
51 (e) The superintendent shall render a decision on all proposed school
52 closures; provided, however, a school closure shall not take effect
53 until all the provisions of this subdivision have been satisfied and the
54 school year in which the decision to close such school was made, has
55 ended.
A. 7680 9
1 4. The superintendent shall require, for purposes of a criminal histo-
2 ry record check, the fingerprinting of all prospective employees pursu-
3 ant to section three thousand thirty-five of this chapter, who do not
4 hold valid clearance pursuant to such section or pursuant to section
5 three thousand four-b of this chapter or section five hundred nine-cc or
6 twelve hundred twenty-nine-d of the vehicle and traffic law in accord-
7 ance with the provisions of subdivision twenty-five of section twenty-
8 five hundred fifty-four of this title.
9 5. Nothing in this article shall be construed to authorize the super-
10 intendent to be or act as a charter entity pursuant to article fifty-six
11 of this title.
12 § 2591-f. Community schools advisory councils; composition; powers and
13 duties. 1. (a) There shall be established a community schools advisory
14 council. The council shall consist of at least six voting members, one
15 from each city school subdistrict, who:
16 (i) shall be a resident of the city district;
17 (ii) shall be an eligible voter pursuant to section 5-102 of the
18 election law;
19 (iii) may be a parent of a child attending a school located within the
20 council district and selected by the presidents and officers of the
21 parents' associations or parent-teachers' associations of schools
22 located in the city school subdistrict;
23 (iv) may be a teacher within the city school subdistrict; and
24 (v) may be a community leader in a non-elected role.
25 (b) Such members shall serve for a term of two years and shall not be
26 paid a salary or stipend, but shall be reimbursed for all actual and
27 necessary expenses at the discretion of the board of education.
28 2. (a) The superintendent shall:
29 (i) develop selection procedures to be approved by the board for advi-
30 sory council members which, to the maximum extent possible, shall
31 attempt to ensure a membership that reflects a representative cross-sec-
32 tion of the communities within the city school subdistrict and diversity
33 of the student population including those with particular educational
34 needs;
35 (ii) require financial disclosure by the appointees;
36 (iii) establish policies prohibiting political endorsements of and
37 campaign contributions to nominees; and
38 (iv) beginning in September of each school year and continuing until
39 the date of selection, ensure the distribution of informational
40 pamphlets to parents and additional information regarding advisory coun-
41 cil roles, functions, and activities, including upcoming parents' asso-
42 ciation and parent-teachers' association elections, candidate informa-
43 tion, and the nature of the selection process.
44 (b) The advisory council members shall be chosen by the superinten-
45 dent.
46 (c) The advisory council shall select one of its voting members to
47 serve as chair, and shall also appoint, from among its members, a secre-
48 tary, who shall perform the following functions:
49 (i) prepare meeting notices, agendas and minutes;
50 (ii) record and maintain accounts of proceedings and other advisory
51 council meetings; and
52 (iii) prepare briefing materials and other related informational mate-
53 rials for such meetings.
54 3. (a) No person shall be eligible for membership on the advisory
55 council if he or she holds any elective public office or any elective or
56 appointed party position except that of delegate or alternate delegate
A. 7680 10
1 to a national, state, judicial or other party convention, or member of a
2 county committee.
3 (b) A person shall be permanently ineligible for appointment to the
4 advisory council if any of the following applies to them:
5 (i) an act of malfeasance directly related to his or her service on
6 the advisory council; or
7 (ii) conviction of a crime, if such crime is directly related to his
8 or her service on the advisory council.
9 (c) Vacancies shall be filled by the superintendent for an unexpired
10 term.
11 4. The advisory council shall have the following powers and duties
12 with respect to all pre-kindergarten, primary, community and secondary
13 schools and programs in the council district. The advisory council shall
14 have no executive or administrative powers or functions, but shall have
15 the following powers and duties:
16 (a) promote achievement of educational standards, a culturally compe-
17 tent environment and objectives relating to the instruction of students.
18 (b) review, conduct public hearings and comment on the itemized esti-
19 mate prepared by the superintendent pursuant to section twenty-five
20 hundred ninety-one-i of this article and submit any comments or testimo-
21 ny by the public to the superintendent.
22 (c) conduct a joint public hearing with the superintendent regarding
23 any proposed school closing of any public school located within the
24 council district pursuant to section twenty-five hundred ninety-one-e of
25 this article.
26 (d) conduct regular meetings with the superintendent to discuss the
27 current state of the schools in the council district.
28 (e) review the council district's educational programs and assess
29 their effect on student achievement.
30 (f) provide input, as it deems necessary, to the superintendent and
31 the board on matters of concern to the city school subdistrict.
32 (g) examine the issues of special education, English language learners
33 and the health and mental health needs of the district.
34 § 2591-g. Appointment of teachers, administrators, supervisors and
35 other employees. 1. Teachers and all other members of the teaching
36 staff of the city district shall be appointed by the superintendent of
37 schools for a probationary period of three years, except that in the
38 case of a teacher who has rendered satisfactory service as a regular
39 substitute for a period of two years or as a seasonally licensed per
40 session teacher of swimming in day schools who has served in that capac-
41 ity for a period of two years and has been appointed to teach the same
42 subject in day schools on an annual salary, the probationary period
43 shall be limited to one year; provided, however, that in the case of a
44 teacher who has been appointed on tenure in another school district
45 within the state, the school district where currently employed, or a
46 board of cooperative educational services, and who was not dismissed
47 from such district or board as a result of charges brought pursuant to
48 subdivision one of section three thousand twenty-a of this chapter, the
49 probationary period shall not exceed two years. The service of a person
50 appointed to any of such positions may be discontinued at any time
51 during such probationary period by the superintendent of schools. Each
52 person who is not to be recommended for appointment on tenure shall be
53 so notified by the superintendent of schools in writing not later than
54 sixty days immediately preceding the expiration of his or her probation-
55 ary period. Failure to maintain certification as required by this chap-
A. 7680 11
1 ter and by the regulations of the commissioner shall be cause for
2 removal.
3 2. Administrators, principals, directors, supervisors and all other
4 members of the supervising staff shall be appointed by the superinten-
5 dent for a probationary period of three years. School principals shall
6 be selected pursuant to a publicly-inclusive process for the recruit-
7 ment, screening and selection of candidates for principal developed by
8 the superintendent and approved by the board. The service of a person
9 appointed to any of such positions may be discontinued at any time
10 during the probationary period by the superintendent of schools.
11 3. Clerks, draftsmen, inspectors, chemists, tabulating machine opera-
12 tors, secretaries, stenographers, copyists, statisticians, janitors,
13 custodians, custodian-engineers and all other administrative employees
14 of the city district, unless otherwise provided in this chapter, shall
15 be appointed for a probationary period provided in the civil service law
16 and regulations based thereon. The service of a person appointed to any
17 of such positions may be discontinued by the superintendent at any time
18 during such probationary period. Such persons who have served the full
19 probationary period shall hold their respective positions during good
20 behavior and efficient and competent service, and shall not be removed
21 except for cause.
22 4. No principal, supervisor, director, or teacher shall be appointed
23 to the teaching force of a city who does not possess qualifications
24 required under this chapter and under the regulations prescribed by the
25 commissioner for the persons employed in such positions in the schools
26 of the cities of the state, but the superintendent may prescribe addi-
27 tional or higher qualifications for the persons employed in any of such
28 positions.
29 5. Notwithstanding any other provision of this section, no period in
30 any school year for which there is no required service and/or for which
31 no compensation is provided shall in any event constitute a break or
32 suspension of probationary period or continuity of tenure rights of any
33 of the persons described in this section.
34 § 2591-h. School principals; selection process; powers and duties. 1.
35 The principal shall be the administrative and instructional leader of
36 the school.
37 2. The superintendent shall appoint a principal pursuant to a process,
38 which shall be approved by the board, that promotes parental and staff
39 involvement in the recruitment, screening, interviewing and recommenda-
40 tion of candidates for school principal. Candidates must meet the legal
41 and regulatory requirements establishing educational, managerial, and
42 administrative qualifications, including evaluation of each candidate's
43 record of performance in comparable positions.
44 3. Subject to the regulations of the commissioner and applicable
45 collective bargaining agreements and obligations, the principal shall be
46 responsible for the day to day operation of the school and shall carry
47 out the following duties in consultation with parents, teachers and
48 other staff:
49 (a) promote an equal educational opportunity for students in the
50 school,
51 (b) (i) survey the environment of the school and its surroundings and
52 issue an annual report that assesses the need for resources or services,
53 such as increasing safety, improving infrastructure, and other changes
54 that could be implemented to improve or enhance the quality of life of
55 the neighborhood where the school is located.
A. 7680 12
1 (ii) in preparing the report, the principal shall, to the maximum
2 extent as practicable, seek and consider comments and input from
3 affected stakeholders, including students, teachers, parents, and other
4 interested community members. The principal shall submit the report and
5 recommendations to the superintendent.
6 (c) manage and operate the school building and other facilities under
7 his or her jurisdiction.
8 § 2591-i. Budgetary and fiscal processes. 1. (a) The superintendent
9 shall prepare annually an itemized estimate for the current or ensuing
10 fiscal year of such sum of money as he or she may deem necessary for the
11 purposes stated in this section, after crediting thereto the amount
12 anticipated in the next apportionment of school funds from the state and
13 the estimated amount to be received from all other sources. Such esti-
14 mate shall be filed with the board of directors.
15 (b) Such estimates shall be for the following purposes:
16 (i) The salary of the superintendent of schools, associate or assist-
17 ant or other superintendents, examiners, directors, supervisors, princi-
18 pals, teachers, lecturers, special instructors, medical inspectors,
19 nurses, attendance officers, clerks, custodians and janitors; and the
20 salary, fees or compensation of all other employees appointed or
21 employed by the superintendent, including staff assigned to the board.
22 In addition, the expenses of personnel utilized to fulfill the internal
23 audit function pursuant to section twenty-one hundred sixteen-b of this
24 title.
25 (ii) The other necessary incidental and contingent expenses, including
26 ordinary repairs to buildings and the purchase of fuel and light,
27 supplies, textbooks, school apparatus, books, furniture and fixtures and
28 other articles and service necessary for the proper maintenance, opera-
29 tion and support of the schools, libraries and other educational, social
30 or recreational affairs and interests of the city district.
31 (iii) The remodeling or enlarging of buildings required by the city
32 district, the construction of new buildings for uses authorized by this
33 chapter and the furnishing and equipment thereof, the purchase of real
34 property for new sites, additions to present sites, playgrounds or
35 recreation centers and other educational or social purposes, and to meet
36 any other indebtedness or liability incurred under the provisions of
37 this chapter or other statutes, or any other expenses which the board is
38 authorized to incur. Nothing contained in this chapter shall prevent the
39 financing, in whole or in part, of any expenditure enumerated in this
40 subdivision pursuant to the local finance law.
41 2. (a) For the purposes of this subdivision, the terms:
42 (i) "city funds" shall mean funds of the city of Buffalo derived from
43 any source except funds contained within the capital budget, funds from
44 county sales tax revenues shared with such city, funds derived from any
45 federal source and funds derived from any state or private sources over
46 which the city has no discretion, as defined in regulations of the
47 commissioner and approved by the director of the budget.
48 (ii) "city amount" shall mean the total amount of expenditures funded
49 by city funds for the support of the city district, not including city
50 payments to bond or note holders for debt service payments of such
51 district, as contained within the budget as adopted by such city.
52 (iii) "base year" shall mean the fiscal year immediately preceding the
53 fiscal year for which the budget referred to in subparagraph (ii) of
54 this paragraph is adopted. The initial base year shall be the fiscal
55 year ending June thirtieth, two thousand fifteen.
A. 7680 13
1 (b) The city amount shall not be less than the city amount appropri-
2 ated in the base year determined at the time of adoption of the budget
3 for the ensuing fiscal year, and shall not be less than the city amount
4 expended in the base year determined as of the end of the school year.
5 Provided, however, in the event the total amount of city funds relied
6 upon to balance such budget is lower than the total amount of city funds
7 appropriated in the base year, as determined at the time of adoption of
8 such budget, the city amount may be reduced by up to the same percentage
9 as the overall percentage decrease in city funds between the base year
10 and the ensuing fiscal year. The city shall not use or spend the city
11 amount for any purposes other than in direct support of the city
12 district.
13 (c) The school district audit report certified to by an independent
14 certified public accountant or an independent accountant pursuant to
15 section twenty-one hundred sixteen-a of this title for the two thousand
16 fifteen--two thousand sixteen school year budget and annually thereafter
17 shall include a certification by the accountant, in a form prescribed by
18 the commissioner upon approval of the director of the budget, as to the
19 city amount expended in the school year covered by such audit report,
20 the city amount in the prior school year, and that the city amount
21 expended in the school year covered by such audit report is in compli-
22 ance with paragraph (b) of this subdivision.
23 3. The superintendent may, to meet or respond to emergencies which may
24 arise, submit a special estimate in which items for extraordinary
25 expenses may be submitted to meet such emergencies. Such estimate shall
26 contain a complete statement of the purposes for which the items are
27 requested and the necessity therefor. The same method of procedure shall
28 be followed in submitting such estimate and such estimate shall be
29 subject to the same consideration and action as is required in the
30 submission, consideration and action upon the regular annual estimate
31 submitted by the superintendent. The common council shall have power to
32 make the appropriations requested by the superintendent in such special
33 estimate.
34 4. The board shall not incur a liability or an expense chargeable
35 against the funds under its control or the city for any purpose in
36 excess of the amount appropriated or available therefor or otherwise
37 authorized by law.
38 § 2591-j. Custody and disbursement of funds. 1. Public moneys appor-
39 tioned to the city by the state and all funds raised or collected by the
40 authorities in the city for school purposes or to be used by the board
41 for any purpose authorized in this article, or any other funds belonging
42 to the city and received from any source whatsoever for similar
43 purposes, shall be paid into the treasury of such city and shall be
44 credited to the board. The funds so received into such treasury shall be
45 kept separate and distinct from any other funds received into the said
46 treasury. The officer having the charge thereof shall give such addi-
47 tional security for the safe custody thereof as the corporate authori-
48 ties of such city shall require.
49 2. Such funds shall be disbursed by authority of the board upon writ-
50 ten orders drawn on the city treasurer or other fiscal officer of the
51 city. Such orders shall be signed by the superintendent of schools and
52 the claims auditor. Orders shall be numbered consecutively and shall
53 specify the purpose for which they are drawn and the person or corpo-
54 ration to whom they are payable. The claims auditor shall ensure that
55 orders comply with the appropriate policies and procedures of the city
56 school district prior to approval for payment, including with the
A. 7680 14
1 procurement policy proposed by the superintendent pursuant to section
2 twenty-five hundred ninety-one-e of this article and approved by the
3 board pursuant to section twenty-five hundred ninety-one-d of this arti-
4 cle. Claims against the city school district shall not be paid without
5 prior audit and approval by the claims auditor.
6 3. Fixed salaries, principal of and interest on indebtedness and
7 amounts becoming due upon lawful contracts for periods exceeding one
8 year may be disbursed without prior audit of the board or the claims
9 auditor. By resolution duly adopted, the board may determine to enter
10 into a contract to provide for the deposit of the periodic payroll of
11 the school district in a bank or trust company for disbursal by it in
12 accordance with provisions of section ninety-six-b of the banking law.
13 4. It shall be unlawful for a city treasurer or other officer having
14 the custody of such city funds to permit their use for any purpose other
15 than that for which they are lawfully authorized; they shall be paid out
16 only on audit of the claims auditor or as otherwise provided by law.
17 Payments from such funds shall be made only by checks signed by the
18 treasurer or other custodian of such moneys and payable to the person or
19 persons entitled thereto and countersigned by an officer designated by
20 the officer or body having the general control of the financial affairs
21 of such city. The board shall make, in addition to such classification
22 of its funds and accounts as it desires for its own use and information,
23 such further classification of the funds under its management and
24 control and of the disbursements thereof as the officer or body having
25 the general control of the financial affairs of such city, shall
26 require, and such board shall furnish such data in relation to such
27 funds and their disbursements as the financial officer or body of the
28 city shall require.
29 § 3. Section 2552 of the education law, as amended by chapter 138 of
30 the laws of 1974, is amended to read as follows:
31 § 2552. Board of education. The board of education of each such city
32 school district is hereby continued. The educational affairs in each
33 such city school district shall be under the general management and
34 control of a board of education to consist of not less than three and
35 not more than nine members, to be chosen as hereinafter provided, and to
36 be known as members of the board of education, except that the board of
37 education of the city school district of the city of New York shall be
38 constituted as provided in article fifty-two-A of this [chapter] title,
39 and except further that the board of education of the city school
40 district of the city of Buffalo shall be constituted as provided in
41 article fifty-two-B of this title. The number of members on the board
42 of education of each such city school district shall continue to be as
43 follows:
44 a. [City school district of the city of Buffalo: nine members.
45 b.] City school district of the city of Rochester: seven members.
46 [c.] b. City school district of the city of Syracuse: seven members.
47 [d.] c. City school district of the city of Yonkers: nine members.
48 § 4. Subdivisions 1, 2, 4, 5, 6 and 8 of section 2553 of the education
49 law, subdivision 1 as separately amended by chapters 211 and 441 of the
50 laws of 1980, subdivisions 2, 4 and 5 as added by chapter 242 of the
51 laws of 1974, subdivision 6 as amended by chapter 211 of the laws of
52 1980 and subdivision 8 as amended by chapter 762 of the laws of 1950 and
53 as renumbered by chapter 330 of the laws of 1969, are amended to read as
54 follows:
55 1. No person shall be eligible to the office of member of a board of
56 education who is not a citizen of the United States, who is not quali-
A. 7680 15
1 fied to register for or vote at an election in accordance with the
2 provisions of section 5-106 of the election law, and who, in the case of
3 the city school district of the city of Yonkers, has not been a resident
4 of the city school district for which he or she is chosen for a period
5 of at least three years immediately preceding the date of his or her
6 election or appointment and who, [in the case of the city school
7 district of the city of Buffalo, in the case of a member to be elected
8 at large is not a qualified voter of such city school district and who
9 has not been a resident of such district for a period of at least three
10 years immediately preceding the date of his election and in the case of
11 a member elected from a city school subdistrict is not a qualified voter
12 of such city school subdistrict and has not been a resident of the city
13 school district for three years and a resident of the city school
14 subdistrict which he represents or seeks to represent for a period of
15 one year immediately preceding the date of his election, and who,] in
16 the case of the city school district of the city of Rochester, is not a
17 qualified voter under section 5-102 of the election law of such city
18 school district; and who in the case of the city school district of the
19 city of Syracuse has not been a qualified voter under section 5-102 of
20 the election law of such city school district for at least ninety days
21 immediately preceding the date of his or her election or appointment.
22 2. In the city school districts of the cities of Rochester and Syra-
23 cuse the members of such board of education shall be chosen by the
24 voters at large at either a general or municipal election, or at both.
25 [In the city school district of the city of Buffalo the members of such
26 board of education shall be chosen pursuant to the provisions of subdi-
27 vision 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. 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 § 5. Subdivision 10 of section 2553 of the education law is REPEALED.
A. 7680 16
1 § 6. The opening paragraph of section 2554 of the education law, as
2 amended by chapter 91 of the laws of 2002, is amended to read as
3 follows:
4 Subject to the provisions of this chapter, the board of education in a
5 city, except the city board of the city of New York and the board of
6 education of the city school district of the city of Buffalo, shall have
7 the power and it shall be its duty:
8 § 7. Subdivision 2 of section 2554 of the education law, as amended by
9 chapter 27 of the laws of 2012, is amended to read as follows:
10 2. To create, abolish, maintain and consolidate such positions, divi-
11 sions, boards or bureaus as, in its judgment, may be necessary for the
12 proper and efficient administration of its work; to appoint a super-
13 intendent of schools, such associate, assistant, district and other
14 superintendents, examiners, directors, supervisors, principals, teach-
15 ers, lecturers, special instructors, medical inspectors, nurses, audi-
16 tors, attendance officers, secretaries, clerks, custodians, janitors and
17 other employees and other persons or experts in educational, social or
18 recreational work or in the business management or direction of its
19 affairs as said board shall determine necessary for the efficient
20 management of the schools and other educational, social, recreational
21 and business activities; provided, however, that in the city school
22 [districts] district of the [cities] city of [Buffalo,] Rochester[, and
23 Syracuse] appointment of associate, assistant and district superinten-
24 dents, and other supervising staff who are excluded from the right to
25 bargain collectively pursuant to article fourteen of the civil service
26 law shall, within the amounts budgeted for such positions, be by the
27 superintendent of such city school district; and to determine their
28 duties except as otherwise provided herein.
29 § 8. Subdivision 2-a of section 2554 of the education law, as amended
30 by section 16 of subpart F of part C of chapter 97 of the laws of 2011,
31 is amended to read as follows:
32 2-a. a. In its discretion to adopt a resolution establishing the
33 office of claims auditor and appoint a claims auditor who shall hold his
34 or her position subject to the pleasure of the board. In its discretion,
35 the board may adopt a resolution establishing one or more offices of
36 deputy claims auditor who shall act as claims auditor in the absence of
37 the claims auditor. Such claims auditor shall report directly to the
38 board of education. No person shall be eligible for appointment to the
39 office of claims auditor or deputy claims auditor who shall be
40 (1) a member of the board of education;
41 (2) a clerk or treasurer of the board of education;
42 (3) the superintendent of schools or other official of the district
43 responsible for business management;
44 (4) the person designated as purchasing agent; or
45 (5) clerical or professional personnel directly involved in accounting
46 and purchasing functions of the school district.
47 b. The positions of claims auditor or deputy claims auditor shall be
48 classified in the exempt class of civil service. The board of education,
49 at any time after the establishment of the office of claims auditor or
50 deputy claims auditor, may adopt a resolution abolishing the office;
51 provided, however, that the board of education of the city school
52 district of the city of Buffalo shall not abolish such office. When the
53 office of claims auditor shall have been established and a claims audi-
54 tor shall have been appointed and shall have qualified, the powers and
55 duties of the board of education with respect to auditing accounts,
56 charges, claims or demands against the city school district shall
A. 7680 17
1 devolve upon and thereafter be exercised by such claims auditor, during
2 the continuance of the office. The board of education shall be permitted
3 to delegate the claims audit function to one or more independent enti-
4 ties by using (1) inter-municipal cooperative agreements, or (2) inde-
5 pendent contractors, to fulfill this function.
6 c. When the board of education delegates the claims audit function
7 using an inter-municipal cooperative agreement, shared service author-
8 ized by section nineteen hundred fifty of this title, or an independent
9 contractor, the board shall be responsible for auditing all claims for
10 services from the entity providing the delegated claims auditor, either
11 directly or through a delegation to a different independent entity.
12 § 9. Subdivision 1 of section 2563 of the education law, as amended by
13 chapter 228 of the laws of 1971, is amended to read as follows:
14 1. The annual meeting of a board of education shall be held on the
15 second Tuesday in May, at four o'clock in the afternoon, at which meet-
16 ing the board shall select a president for the ensuing year, except that
17 the annual meeting of the board of education of the city school
18 [district] districts of the [city] cities of New York and Buffalo shall
19 be held on the first Tuesday in July.
20 § 10. Subdivision 6 of section 2566 of the education law, as amended
21 by chapter 27 of the laws of 2012, is amended to read as follows:
22 6. To have supervision and direction of associate, assistant, district
23 and other superintendents, directors, supervisors, principals, teachers,
24 lecturers, medical inspectors, nurses, claims auditors, deputy claims
25 auditors, attendance officers, janitors and other persons employed in
26 the management of the schools or the other educational activities of the
27 city authorized by this chapter and under the direction and management
28 of the board of education, except that in the city school districts of
29 the cities of [Buffalo,] Rochester[,] and Syracuse to also appoint,
30 within the amounts budgeted therefor, such associate, assistant and
31 district superintendents and all other supervising staff who are
32 excluded from the right to bargain collectively pursuant to article
33 fourteen of the civil service law; to transfer teachers from one school
34 to another, or from one grade of the course of study to another grade in
35 such course, and to report immediately such transfers to said board for
36 its consideration and action; to report to said board of education
37 violations of regulations and cases of insubordination, and to suspend
38 an associate, assistant, district or other superintendent, director,
39 supervisor, expert, principal, teacher or other employee until the next
40 regular meeting of the board, when all facts relating to the case shall
41 be submitted to the board for its consideration and action.
42 § 11. Subdivision 3 of section 2573 of the education law, as amended
43 by chapter 27 of the laws of 2012, is amended to read as follows:
44 3. Associate superintendents, examiners and all other employees
45 authorized by section twenty-five hundred fifty-four of this article,
46 except as otherwise provided in subdivision one of this section, shall
47 be appointed by the board of education except that in the city school
48 districts of the cities of [Buffalo,] Rochester[,] and Syracuse, the
49 associate, assistant and district superintendents and all other super-
50 vising staff who are excluded from the right to bargain collectively
51 pursuant to article fourteen of the civil service law shall be
52 appointed, within amounts budgeted therefor, by the superintendent of
53 such city school district. In a city having a population of one million
54 or more, such appointments shall be made on nomination of the super-
55 intendent of schools. Notwithstanding any other provision in this chap-
56 ter to the contrary, whenever an associate superintendent of schools in
A. 7680 18
1 the employ of the board of education in a city having a population of
2 one million or more fails of reappointment, said person shall be imme-
3 diately appointed an assistant superintendent of schools with permanent
4 appointment as said term permanent appointment is defined in subdivi-
5 sions four, five and six of this section. The salary of such assistant
6 superintendent shall be less than the salary of an associate superinten-
7 dent, but said differential in salary shall not exceed ten per centum of
8 the annual salary of an associate superintendent of schools. When,
9 however, an associate superintendent of schools who fails of reappoint-
10 ment has to his or her credit thirty or more years of city service
11 including ten or more years of service as such associate superintendent
12 of schools, he or she shall suffer no reduction of salary or of pension
13 prospects while serving as such assistant superintendent of schools.
14 § 12. Subdivision 4 of section 2576 of the education law is REPEALED.
15 § 13. The terms of office of the members of the board of education of
16 the city of Buffalo shall expire two years after the date of appoint-
17 ment. As of the effective date of this section the mayor of the city of
18 Buffalo shall appoint a board of education for such city school district
19 pursuant to section 2591-c of the education law as added by section two
20 of this act. The mayor shall appoint nine members for a two-year term.
21 The members of the board of education established pursuant to section
22 2591-c of the education law as added by section two of this act shall
23 take office as of the effective date of this section.
24 § 14. Notwithstanding any provisions of law to the contrary, the
25 board of education of the city school district of the city of Buffalo
26 and the city school district of the city of Buffalo, as established
27 pursuant to article 52 of the education law, are prohibited from re-neg-
28 otiating or otherwise amending any collective bargaining agreements or
29 other contracts that expire or end on a date after the board of educa-
30 tion, as established pursuant to section 2591-c of the education law, as
31 added by section two of this act, takes office. With respect to collec-
32 tive bargaining agreements that expire or end prior to the date that the
33 board of education, as established pursuant to section 2591-c of the
34 education law, as added by section two of this act, takes office, the
35 board of education or such city school district may only negotiate and
36 enter into a new contract for a period that ends on December 31, 2016.
37 With respect to contracts, other than collective bargaining agreements,
38 that expire or end prior to the date that the board of education, as
39 established pursuant to section 2591-c of the education law, as added by
40 section two of this act, takes office, or are entered into after the
41 effective date of this act, the board of education or such city school
42 district may only negotiate and enter into a new contract for a period
43 that ends sixty days after the date that the board of education, as
44 established pursuant to section 2591-c of the education law, as added by
45 section two of this act, takes office.
46 § 15. The provisions of article 52 of the education law shall continue
47 to apply to the city school district of the city of Buffalo, provided,
48 however, that where any of the provisions of article 52-B of the educa-
49 tion law are inconsistent with the provisions of article 52 of the
50 education law pertaining to governance of the city of Buffalo school
51 district, the provisions of article 52 of the education law shall be
52 superseded and the provisions of article 52-B of the education law shall
53 apply.
54 § 16. Severability. If any clause, sentence, paragraph, section or
55 part of this act shall be adjudged by any court of competent jurisdic-
56 tion to be invalid and after exhaustion of all further judicial review,
A. 7680 19
1 the judgment shall not affect, impair or invalidate the remainder there-
2 of, but shall be confined in its operation to the clause, sentence,
3 paragraph, section or part of this act directly involved in the contro-
4 versy in which the judgment shall have been rendered.
5 § 17. This act shall take effect immediately; provided, however, that
6 the amendments to the opening paragraph of section 2554 of the education
7 law made by section six of this act shall not affect the expiration of
8 such paragraph and shall expire on the same date as such paragraph
9 expires pursuant to section 34 of chapter 91 of the laws of 2002, as
10 amended, or expire and be deemed repealed July 31, 2017, whichever
11 occurs first; provided further that sections two, three, four, seven,
12 nine, ten, eleven, twelve and fifteen of this act shall expire and be
13 deemed repealed July 31, 2017.
