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New York Education - Article 52-A - § 2590-H Powers and Duties of Chancellor

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Education 
 
    * §  2590-h. Powers and duties of chancellor. The office of chancellor
  of the city district is hereby continued. Such chancellor shall serve at
  the pleasure of and be employed by the mayor of the city of New York  by
  contract.  The length of such contract shall not exceed by more than two
  years the term of office of the mayor  authorizing  such  contract.  The
  chancellor  shall  receive  a salary to be fixed by the mayor within the
  budgetary allocation therefor. He or she shall exercise all his  or  her
  powers  and  duties  in  a  manner  not  inconsistent with the city-wide
  educational policies of the city board. The chancellor  shall  have  the
  following  powers  and duties as the superintendent of schools and chief
  executive officer for the city  district,  which  the  chancellor  shall
  exercise to promote an equal educational opportunity for all students in
  the schools of the city district, promote fiscal and educational equity,
  increase  student achievement and school performance and encourage local
  school-based innovation, including the power and duty to:
    1. Control and operate:
    (a) academic and vocational senior high schools until such time as the
  same may be transferred to the  jurisdiction  of  appropriate  community
  district education councils pursuant to this article;
    (b)  all  specialized  senior  high  schools. The special high schools
  shall include the present schools known as:
    The Bronx High School of Science,  Stuyvesant  High  School,  Brooklyn
  Technical  High  School,  Fiorello H. LaGuardia High School of Music and
  the Arts in the borough of Manhattan, and such further schools which the
  city board may designate from time to time. The special schools shall be
  permitted to maintain a discovery program in accordance with the law  in
  effect  on  the  date  preceding  the  effective  date  of this section;
  admissions to the special schools shall be conducted in accordance  with
  the  law  in  effect  on  the  date preceding the effective date of this
  section;
    (c) all special education programs and services conducted pursuant  to
  this chapter;
    (d)  subject to the provisions of section twenty-five hundred ninety-i
  of this article, devolving powers to the schools, city-wide programs for
  city-wide services to a substantial number of persons from more than one
  community district, including transportation; food services; payroll and
  personnel functions, including  pension  and  retirement  services;  and
  enforcement  of  laws  and  regulations  promoting  equal opportunity in
  employment,  access  to  public  accommodations  and  facilities,  equal
  opportunity   in  education,  and  preventing  and  addressing  unlawful
  discrimination; provided, however, that a community  district  may  also
  operate  within  its  district  programs  which provide similar services
  otherwise authorized by this article.
    2. Establish, control and operate new schools or programs of the types
  specified in subdivision one of this section, or to discontinue any such
  schools and programs as he or she may determine; provided, however, that
  the chancellor  shall  consult  with  the  affected  community  district
  education council before:
    (a)  substantially  expanding  or  reducing such an existing school or
  program within a community district;
    (b) initially utilizing a community district school  or  facility  for
  such a school or program;
    (c) instituting any new program within a community district.
    2-a.  (a) Notwithstanding any other provision to the contrary, prepare
  an educational impact statement regarding any proposed school closing or
  significant change in school utilization, including the phase-out, grade
  reconfiguration, re-siting, or co-location of schools,  for  any  public
  school located within the city district.

    (b)  Such  educational  impact  statement  shall include the following
  information regarding the proposed school closing or significant  change
  in school utilization:
    (i) the current and projected pupil enrollment of the affected school,
  the prospective need for such school building, the ramifications of such
  school  closing  or  significant  change  in school utilization upon the
  community, initial costs and savings resulting from such school  closing
  or significant change in school utilization, the potential disposability
  of any closed school;
    (ii)  the impacts of the proposed school closing or significant change
  in school utilization to any affected students;
    (iii) an outline of any  proposed  or  potential  use  of  the  school
  building for other educational programs or administrative services;
    (iv) the effect of such school closing or significant change in school
  utilization    on   personnel   needs,   the   costs   of   instruction,
  administration, transportation, and other support services;
    (v) the type, age, and physical condition  of  such  school  building,
  maintenance,  and  energy  costs, recent or planned improvements to such
  school building, and such building's special features;
    (vi) the ability of other schools in the affected  community  district
  to accommodate pupils following the school closure or significant change
  in school utilization; and
    (vii)   information   regarding  such  school's  academic  performance
  including whether such school has been  identified  as  a  school  under
  registration  review  or  has  been  identified  as  a  school requiring
  academic progress, a school in need  of  improvement,  or  a  school  in
  corrective action or restructuring status.
    (c)   Such   educational  impact  statement  shall  be  made  publicly
  available, including via the city board's official internet website, and
  a copy shall also be filed with the city board, the  impacted  community
  council,  community  boards,  community superintendent, and school based
  management team at least six months in  advance  of  the  first  day  of
  school in the succeeding school year.
    (d)  No  sooner  than  thirty  days, but no later than forty-five days
  following the filing of the educational impact statement, the chancellor
  or deputy chancellor, or in the case of a proposed significant change in
  school utilization the chancellor or his or her designee, shall  hold  a
  joint  public  hearing  with  the  impacted community council and school
  based management team, at the school that is  subject  to  the  proposed
  school  closing  or  significant change in school utilization, and shall
  allow all interested parties  an  opportunity  to  present  comments  or
  concerns  regarding the proposed school closing or significant change in
  school utilization. The chancellor shall  ensure  that  notice  of  such
  hearing  is widely and conspicuously posted in such a manner to maximize
  the number  of  affected  individuals  that  receive  notice,  including
  providing notice to affected parents and students, and shall also notify
  members  of  the  community  boards  and  the  elected  state  and local
  officials who represent the affected community district.
    (d-1) So long as the revised proposal does not impact any school other
  than a school that was identified  in  the  initial  educational  impact
  statement,   the   chancellor,   after   receiving   public  input,  may
  substantially revise the proposed school closing or  significant  change
  in  school  utilization  provided  that  the  chancellor shall prepare a
  revised  educational  impact  statement,  in  the  form  prescribed   in
  paragraph (b) of this subdivision, and publish and file such educational
  impact  statement  in  the same manner as prescribed in paragraph (c) of
  this subdivision. No sooner than fifteen days following  the  filing  of
  such  revised  educational  impact  statement,  the chancellor or deputy

  chancellor, or in the case of a significant change in school utilization
  the chancellor or his or her designee, shall hold a joint public hearing
  with the impacted community council and school based management team, at
  the school that is subject to the proposed school closing or significant
  change  in  school utilization and shall allow all interested parties an
  opportunity to present comments and concerns  regarding  such  proposal.
  The  chancellor  shall  ensure that notice of such hearing is widely and
  conspicuously posted in such a manner to maximize the number of affected
  individuals that receive notice, including providing notice to  affected
  parents  and  students,  and  shall also notify members of the community
  boards and the elected state  and  local  officials  who  represent  the
  affected community district.
    (e) Except as otherwise provided in paragraph (f) of this subdivision,
  all   proposed   school   closings  or  significant  changes  in  school
  utilization shall be approved by the  city  board  pursuant  to  section
  twenty-five  hundred  ninety-g of this article and shall not take effect
  until all the provisions of this subdivision have been satisfied and the
  school year in which such city board approval was granted, has ended.
    (f) In the event that the chancellor determines that a school  closing
  or significant change in school utilization is immediately necessary for
  the  preservation  of  student  health,  safety  or general welfare, the
  chancellor may temporarily close a public school or adopt a  significant
  change in the school's utilization on an emergency basis. Such emergency
  school  closing  or  significant change in school utilization shall only
  remain in effect for six months, during such time the  chancellor  shall
  comply  with  the  requirements  of  this  subdivision in order for such
  school closure or significant change in  school  utilization  to  extend
  beyond the six month period.
    3.  Subject  to  the  approval  of  the  city board, develop a plan to
  provide for the establishment of comprehensive high schools  within  the
  city  district  so that every community district shall have available to
  its graduates further education and a comprehensive  high  school.  Such
  plan  may  provide  for  the  conversion of academic and vocational high
  schools and may be amended or modified from time to time.
    4. Appoint teacher-aides for the schools and programs under his or her
  jurisdiction within the budgetary allocation therefor.
    5.  Retain  jurisdiction  over  all  employees  who  are  required  in
  connection  with  the  performance of duties with respect to the design,
  construction, operation and maintenance of all school buildings  in  the
  city school district. Such employees shall have all rights accorded them
  under  the  provisions  of  the  civil  service law, including manner of
  appointment, classification, promotion, transfer and  removal  including
  an  opportunity to be heard provided, however, that each custodian shall
  be responsible for the performance of his or her duties to the principal
  of the school who shall be responsible to the district superintendent.
    6. Employ or retain counsel subject to the powers and  duties  of  the
  corporation  counsel  of  the city of New York to be his or her attorney
  and  counsel  pursuant  to  subdivision  a  of  section  three   hundred
  ninety-four  of  the  New  York city charter; provided, however, that in
  actions or proceedings between the city board or the chancellor and  one
  or  more  community  boards,  the  city board or the chancellor shall be
  represented by the corporation counsel of the city of New York.
    7. To  continue  existing  voluntary  programs  or  to  establish  new
  programs  under  which  students may choose to attend a public school in
  another community district.
    8.  Promulgate  minimum  clear   educational   standards,   curriculum
  requirements   and  frameworks,  and  mandatory  educational  objectives
  applicable to all schools and programs throughout the city district, and

  examine and evaluate periodically all such  schools  and  programs  with
  respect to
    (i) compliance with such educational standards and other requirements,
  and
    (ii)  the educational effectiveness of such schools and programs, in a
  manner not inconsistent with the policies of the city board.
    9. Furnish community district education councils and  the  city  board
  periodically  with  the results of such examinations and evaluations and
  to make the same public.
    10. Require each community superintendent to  make  an  annual  report
  covering   all   matters   relating  to  schools  under  the  district's
  jurisdiction including, but  not  limited  to,  the  evaluation  of  the
  educational   effectiveness  of  such  schools  and  programs  connected
  therewith.
    11.   Require   such   community   district   education   council   or
  superintendent  to  make  such  number  of  periodic  reports  as may be
  necessary to accomplish the purposes of this chapter.
    13. Perform the following  functions  throughout  the  city  district;
  provided,  however,  that  the  chancellor  and  any  community district
  education council may agree that any such function may be  appropriately
  performed  by  the  community district education council with respect to
  the schools and programs under its jurisdiction:
    (a) Technical assistance to community districts and schools;
    (b) Such warehouse space on a regional basis as he or  she  determines
  to  be  necessary  or  appropriate after consultation with the community
  superintendents;
    (c) Purchasing services on a city-wide, regional or community district
  basis subject to subdivision thirty-six of this section;
    (d)  Reinforce  and  foster  connections  to  institutions  of  higher
  education to promote student achievement.
    14.  Develop  and furnish pre-service and in-service training programs
  for principals and other employees  throughout  the  city  district.  In
  addition,  the  chancellor  shall prepare and annually update a training
  plan for  participating  parents,  and  school  personnel,  which  shall
  include,  at  minimum,  such training as may be required for exercise of
  their responsibilities,  full  participation  and  compliance  with  the
  provisions  of  this  section. The chancellor shall, in addition, within
  amounts appropriated, allocate sufficient  funds  directly  and  to  the
  superintendents  for  teacher  and principal training to meet identified
  needs for school improvement.
    15. Promote the involvement and appropriate input of  all  members  of
  the  school  community  pursuant  to  the  provisions  of  this article,
  including parents, teachers, and other school personnel, including:
    (a)  establishing  a  parents'  association  or   a   parent-teachers'
  association  in  each public school under the chancellor's jurisdiction;
  and ensuring that the districts and charter schools located  within  the
  city  district do the same; the chancellor shall ensure that meetings of
  such parents' associations or parent-teachers' associations shall comply
  with section four hundred fourteen of this chapter;
    (b) pursuant to a plan prepared in consultation with  associations  of
  parents, and representatives of teachers, supervisors, paraprofessionals
  and  other school personnel within the city district, and promulgated no
  later than January  thirty-first,  nineteen  hundred  ninety-eight,  (i)
  taking  all  necessary steps to ensure that no later than October first,
  nineteen hundred  ninety-nine,  the  city  district  and  the  community
  districts  are  in full compliance, and remain in compliance thereafter,
  with state and  federal  law  and  regulations  concerning  school-based
  management  and  shared decision-making, including section 100.11 of the

  commissioner's regulations, in a manner which balances participation  by
  parents  with  participation  by  school  personnel  in  advising in the
  decisions devolved to schools pursuant to sections  twenty-five  hundred
  ninety-i  and  twenty-five  hundred  ninety-r  of this article, and (ii)
  pursuant to such plan providing for appropriate training to  any  parent
  and  school personnel who participate in the school based management and
  shared decision-making process;
    (b-1) school based management teams developed  pursuant  to  paragraph
  (b) of this subdivision shall possess the following powers and duties:
    (i)  develop  an  annual  school  comprehensive  educational  plan and
  consult on the  school-based  budget  pursuant  to  section  twenty-five
  hundred  ninety-r of this article. Such school comprehensive educational
  plan shall  be  developed  concurrently  with  the  development  of  the
  school-based  budget  so  that it may inform the decision-making process
  and result in the alignment of the comprehensive  educational  plan  and
  the  school-based budget for the ensuing school year. Such plan shall be
  submitted to the community superintendent  along  with  the  principal's
  written   justification   demonstrating  that  the  school-based  budget
  proposal is aligned with the school's comprehensive educational plan and
  the school  based  management  team's  response  to  such  justification
  pursuant  to  paragraph  (h)  of  subdivision one of section twenty-five
  hundred ninety-f of this article. In the case of specialized,  academic,
  vocational,  and  other high schools that are not under the jurisdiction
  of a community superintendent, such  plan  shall  be  submitted  to  the
  chancellor  pursuant  to  subdivision  e  of section twenty-five hundred
  ninety-r  of  this  article.  The  chancellor  shall  ensure  that   the
  comprehensive  educational plan of every school within the city district
  is easily  accessible  and  be  made  available  for  public  inspection
  including via the city board's official internet website;
    (ii)  hold at least one meeting per month during the school year. Each
  monthly meeting shall be held at a  time  that  is  convenient  for  the
  parent representatives;
    (iii)  provide  notice of monthly meetings that is consistent with the
  open meetings law;
    (iv)  have  parent  members  of  such  teams   make   recommendations,
  consistent  with  the  chancellor's regulations, on the selection of the
  school principal  and  have  all  members  be  consulted  prior  to  the
  appointment of any principal candidate to its school;
    (v)  undergo  initial and ongoing training that will allow its members
  to carry out their duties effectively;
    (vi) dispute any decision made  by  the  principal  to  the  community
  superintendent  pursuant to section twenty-five hundred ninety-f of this
  article where members of the school based management  team,  other  than
  the  principal, reach a consensus that the decision is inconsistent with
  the goals and policies set forth in the school's existing  comprehensive
  educational plan; and
    (vii)  provide to the community superintendent an annual assessment of
  the  school  principal's  record  of  developing  an  effective   shared
  decision-making  relationship with school based management team members;
  and
    (c) developing, in consultation with associations of  parents  in  the
  city  district,  and  implementing no later than October first, nineteen
  hundred ninety-eight, a parental bill of rights which provides  for,  at
  minimum:
    (i)  reasonable  access  by  parents, persons in parental relation and
  guardians to schools, classrooms, and academic and attendance records of
  their own children, consistent with federal  and  state  laws,  provided

  that  such  access does not disrupt or interfere with the regular school
  process;
    (ii) the rights of parents, persons in parental relation and guardians
  to   take   legal   action  and  appeal  the  decisions  of  the  school
  administration, as authorized by law;
    (iii) the right of parents, persons in parental relation and guardians
  to have information on their own child's educational materials;
    (iv) access to and information about all public meetings, hearings  of
  the  chancellor,  the  city  board,  the  community superintendents, the
  community district education councils, and the schools; and
    (v) access to information regarding programs that  allow  students  to
  apply for admission where appropriate to schools outside a student's own
  attendance zone.
    The chancellor shall by rule or regulation provide for the involvement
  including  membership,  in  any  parents'  association or parent-teacher
  association established pursuant to this subdivision, of  a  grandparent
  who  is  in parental relation to a child who attends a school within the
  jurisdiction of the community school  district.  For  purposes  of  this
  subdivision,  a  grandparent  shall  be  considered  to  be  in parental
  relation to a child when such grandparent has assumed care of such child
  because  such  child's  parents  are  not  available   due   to   death,
  imprisonment,  mental  illness, living outside the state, abandonment of
  the  child,  or  other  circumstances.  A  determination  of  whether  a
  grandparent  is  in parental relation to a child shall be based upon the
  individual circumstances surrounding guardianship and custodial care  of
  such child.
    16.  Promulgate  such rules and regulations as he or she may determine
  to be necessary or convenient to accomplish the purposes  of  this  act,
  not  inconsistent  with the provisions of this article and the city-wide
  educational policies of the city board.
    16-a.  Create  standards,  policies,  and  objectives  and  promulgate
  regulations   directly   related  to  maintaining  the  internal  fiscal
  integrity of administrative operations by the chancellor, the  community
  districts, and the schools.
    17.  Possess  those powers and duties described in section twenty-five
  hundred fifty-four of this title, the exercise of which shall  be  in  a
  manner  not  inconsistent  with  the  provisions of this article and the
  city-wide educational policies of the city board.
    18. Possess those powers and duties contained in section nine  hundred
  twelve  of  this chapter and those provisions of article fifteen of this
  chapter which relate to non-public  schools,  those  powers  and  duties
  contained  in  section  five  hundred  twenty-two  of  the New York city
  charter, and those powers and duties contained in article  seventy-three
  of  this  chapter,  the  exercise  of  which  shall  be  in a manner not
  inconsistent with the provisions  of  this  article  and  the  city-wide
  educational policies of the city board.
    19.  Delegate  any of his or her powers and duties to such subordinate
  officers or employees as he or she deems appropriate and  to  modify  or
  rescind any power and duty so delegated.
    20.   Ensure   compliance  with  qualifications  established  for  all
  personnel employed  in  the  city  district,  including  the  taking  of
  fingerprints  as  a prerequisite for licensure and/or employment of such
  personnel. Every set of fingerprints taken pursuant to this  subdivision
  shall be promptly submitted to the division of criminal justice services
  where  it shall be appropriately processed. Furthermore, the division of
  criminal justice services is authorized to submit  the  fingerprints  to
  the  federal  bureau  of  investigation  for a national criminal history
  record check.

    21. Perform the functions of the bureau of audit throughout  the  city
  district, including ensuring compliance with subdivisions thirty-six and
  thirty-seven of this section.
    22.  Establish  uniform  procedures for record keeping, accounting and
  reporting throughout the city district, including pupil record  keeping,
  accounting and reporting.
    23.  Develop  an  educational  facilities  master  plan, and revisions
  thereto, as defined in section  twenty-five  hundred  ninety-o  of  this
  article.
    24.  Develop  and implement a five-year educational facilities capital
  plan, and amendments thereto, as defined in section twenty-five  hundred
  ninety-p  of  this  article. The chancellor shall also appoint a person,
  who reports directly to the chancellor or his or her designee, to assist
  in the development  and  implementation  of  such  plan  and  amendments
  thereto and to oversee the school buildings program.
    25.  On  the  chancellor's  own  initiative,  or  at  the request of a
  community superintendent, transfer a principal employed by  a  community
  school  district pursuant to an agreement with the employee organization
  representing such principals. The chancellor shall establish a procedure
  for consulting with affected  parents  to  explain  any  such  transfer.
  Consistent  with  section  twenty-five hundred ninety-i of this article,
  including without limitation subdivision three thereof, and  subdivision
  one  thereof  with  respect to the rights and obligations of a school to
  which a principal is transferred, in addition to any other law providing
  for the transfer of  principals,  the  chancellor  also  may  cause  the
  transfer  or  removal  of principals for persistent educational failure,
  conflicts of interest, and ethics violations, and may require principals
  to participate in  training  and  other  remedial  programs  to  address
  identified factors affecting student achievement and school performance.
    26.   Establish   educational   and   experience   qualifications  and
  requirements for all custodial positions including, but not limited  to,
  custodians  and custodial engineers and develop standards for evaluating
  the performance of all such individuals, subject to approval of the city
  board. Such performance standards shall include, but not be limited  to:
  the cleanliness of facilities; adequacy and timeliness of minor repairs;
  maintenance  of  good  working  order of facilities and grounds; general
  facilities improvement; and emergency  services.  The  chancellor  shall
  promulgate  regulations setting forth the respective responsibilities of
  the district plant manager, which shall include regular consultation and
  ongoing reports to the community superintendent, and  the  principal  of
  each  school  for  evaluating the performance of the custodial employees
  assigned to his or her  school,  in  accordance  with  such  performance
  standards,  and  such  performance  evaluations  shall be given dominant
  weight in any decision  for  the  purposes  of:  advancement;  continued
  employment;  building  transfers;  and other performance incentives. The
  responsibility of the principal of each  school  in  the  evaluation  of
  custodial  employees  may  be  a  matter  for collective bargaining with
  collective bargaining representatives for principals.
    27.  Promulgate  regulations,  in  conjunction  with  each   community
  superintendent,  establishing  a  plan  for  providing  access to school
  facilities in each community school district, when not in use for school
  purposes, in accordance with the  provisions  of  section  four  hundred
  fourteen  of this chapter. Such plan shall set forth a reasonable system
  of fees not to exceed the actual costs and specify that no part  of  any
  fee shall directly or indirectly benefit or be deposited into an account
  which inures to the benefit of the custodians or custodial engineers.

    29.  Promulgate  regulations establishing educational, managerial, and
  administrative  qualifications,   performance   record   criteria,   and
  performance standards for the positions of superintendent and principal.
    30.  Select and appoint a community superintendent, in compliance with
  the qualifications required by subdivision twenty-nine of  this  section
  and  subject to the provisions of subdivision two of section twenty-five
  hundred  ninety-j  of  this  article,  and  in  consultation  with   the
  corresponding  community  district  education council, at a salary to be
  fixed within the budgetary allocation therefor.
    31. Intervene in any district or school which is persistently  failing
  to  achieve educational results and standards approved by the city board
  or established by the state board of regents, or has failed  to  improve
  its  educational results and student achievement in accordance with such
  standards or state or city board  requirements,  or  in  any  school  or
  district in which there exists, in the chancellor's judgment, a state of
  uncontrolled or unaddressed violence. The chancellor may, in addition to
  exercising  any  other  powers  authorized by this article, require such
  school principal,  or  district  as  the  case  may  be,  to  prepare  a
  corrective  action  plan,  with  a timetable for implementation of steps
  acceptable to the chancellor to reach improvement goals consistent  with
  city board standards and educational results. The chancellor may require
  the  school  or district to alter or improve the corrective action plan,
  or  may  directly  modify  the  plan.  The  chancellor   shall   monitor
  implementation  of  the  plan,  and,  if the school or district fails to
  implement it, may supersede any  inconsistent  decision  of  the  school
  principal,   community   district   education   council   or   community
  superintendent; assume joint or direct control of the operation  of  the
  school  or district to implement the corrective action plan; or take any
  other action authorized by this article. Any action of the chancellor to
  supercede an inconsistent decision of the  school  principal,  community
  district  education  council  or  community superintendent, or to assume
  joint or direct control of the  operation  of  the  school  or  district
  pursuant  to  this  subdivision  may  be  appealed  to the city board in
  accordance with section twenty-five hundred ninety-g of this article.
    32. Appoint a deputy, for each  borough  of  the  city  of  New  York,
  responsible  for  coordinating  and  periodically meeting and consulting
  with  the  borough  president,  the   chancellor   and   the   community
  superintendents  in the borough on borough-specific issues and issues of
  borough-wide  significance,  including  the  provision  of  services  in
  support  of  schools  and  community  districts  such as transportation,
  purchasing, capital planning, and coordination with municipal  services,
  and chancellor and city board policy with respect to the high schools.
    33.  Require community school board members to participate in training
  and retraining in order to promote district and school  performance  and
  student achievement, as a continuing condition for membership.
    35.  Take  all  necessary  steps  to  promote  the  effectiveness  and
  integrity of school-based  budgeting  pursuant  to  section  twenty-five
  hundred  ninety-r  of this article, including the obligations imposed by
  subdivision thirty-seven of this section.
    36. Develop a procurement policy for the city school district  of  the
  city  of New York and the community districts and public schools therein
  to ensure the wise and prudent use of public money in the best  interest
  of  the  taxpayers of the state; guard against favoritism, improvidence,
  extravagance, fraud, and  corruption;  and  ensure  that  contracts  are
  awarded  consistent  with law and on the basis of best value, including,
  but  not  limited  to,  the  following  criteria:  quality,   cost   and
  efficiency.
    (a) Such policy shall specifically include:

    (i) a competitive sealed bidding process for the awarding of contracts
  in  which  sealed  bids  are  publicly  solicited  and opened and that a
  contract is awarded to the lowest responsive, responsible bidder;
    (ii)   processes   for   awarding   contracts  using  alternatives  to
  competitive sealed bidding  where  competitive  sealed  bidding  is  not
  practicable  or  not  advantageous,  in  which case the most competitive
  alternative method  of  procurement,  which  is  appropriate  under  the
  circumstances,  shall  be  used  consistent  with  the  requirements  of
  subparagraph (vii) of this paragraph;
    (iii) measures to enhance the ability  of  minority  and  women  owned
  business  enterprises  to  compete  for  contracts  and  to ensure their
  meaningful participation in the procurement process;
    (iv)  the  manner  for  administering  contracts  and  overseeing  the
  performance of contracts and contractors;
    (v) standards and procedures to be used in determining whether bidders
  are responsible;
    (vi)  circumstances  under  which  procurement  may  be  used  for the
  provision of technical, consultant or personal services;
    (vii) requiring written justification for  the  basis,  including  the
  efficiency,  benefit,  and  necessity,  for  awarding  a  contract using
  procurement methods other  than  competitive  sealed  bidding  including
  competitive sealed proposals and sole source contracts, and for awarding
  technical,  consultant,  or  personal  services  contracts,  franchises,
  revocable consents, or concessions. Such written justification shall  be
  filed  with  the  comptroller  of  the  city  of New York along with the
  corresponding contract, franchise, revocable consent, or concession;
    (viii) maintaining a file  for  every  contract  franchise,  revocable
  consent,   and  concession  containing  information  pertaining  to  the
  solicitation, award and management of every such contract or  agreement.
  Such  file shall contain copies of each determination, writing or filing
  required by this subdivision and shall be open to public inspection with
  adequate protection for information which is confidential;
    (ix) a process for the filing of all contracts, franchises,  revocable
  consents, and concessions with the comptroller of the city of New York;
    (x)  a  process for emergency procurement in the case of an unforeseen
  danger to life, safety, property or a necessary  service  provided  that
  such  procurement  shall be made with such competition as is practicable
  under the circumstances and that a written determination  of  the  basis
  for  the  emergency  procurement  shall  be  required and filed with the
  comptroller of the city of New York  when  such  emergency  contract  is
  filed with such comptroller; and
    (xi)  procedures  for  the  fair  and equitable resolution of contract
  disputes.
    (b)  Consistent  with  the  provisions  of  paragraph  (a)   of   this
  subdivision  such  policy shall also include: (i) standards for quality,
  function, and utility of all  material  goods,  supplies,  and  services
  purchased   by   the   chancellor,  superintendents,  or  schools;  (ii)
  regulations  which  enable  superintendents  and  schools  to   purchase
  material   goods,  supplies,  and  services  directly  from  vendors  or
  suppliers when such products are available at prices or other terms more
  economically beneficial for the purposes of the acquiring superintendent
  or school; and (iii)  regulations  shall  include  repair  services  and
  building supplies, as defined in such regulations, for expenditures from
  each  district's  minor  repair and purchasing funds pursuant to section
  twenty-five hundred ninety-r of this article.
    (c) The chancellor  shall  be  responsible  for  certifying  that  the
  procedural   requisites   pursuant   to  this  subdivision  and  section
  twenty-five hundred ninety-g of this article have been met, prior to the

  filing  any  contract  awarded  by  a  procurement  method  other   than
  competitive   sealed   bidding,   or  prior  to  filing  any  technical,
  consultant, or personal services contract, franchise, revocable consent,
  or  concession  with  the  comptroller  of  the  city  of  New York. The
  corporation counsel for the city of New York shall certify prior to  the
  filing of such contract or agreement with the comptroller of the city of
  New  York, that the city district has legal authority to award each such
  contract or agreement.
    (d) (i) No contract, franchise, revocable consent or concession  shall
  be  implemented  until a copy has been filed with the comptroller of the
  city of New York and either such comptroller has registered it or thirty
  days have elapsed from the date of filing, whichever is  sooner,  unless
  an  objection  has  been  filed  pursuant  to subparagraph (iii) of this
  paragraph, or the comptroller of the city of New York  has  grounds  for
  not  registering  such  contract or agreement under subparagraph (ii) of
  this paragraph.
    (ii)  Subject  to  the  provisions  of  subparagraph  (iii)  of   this
  paragraph,  the  comptroller of the city of New York shall register such
  contract or agreement within thirty days  unless  such  comptroller  has
  information indicating that:
    (1)   there  remains  no  unexpended  and  unapplied  balance  of  the
  appropriation  or  fund  applicable  thereto,  sufficient  to  pay   the
  estimated expense of executing such contract or agreement;
    (2)  a  certification required pursuant to this paragraph has not been
  made; or
    (3) the proposed vendor has been debarred by the city of New York.
    (iii) The comptroller of the city of New York may, within thirty  days
  of  the  date of filing of the contract, franchise, revocable consent or
  concession with his or her office, object in writing to the registration
  of such contract or agreement, if in such comptroller's  judgment  there
  is sufficient reason to believe that there is possible corruption in the
  letting of such contract or agreement or that the proposed contractor is
  involved  in  corrupt activity. Such objection shall be delivered within
  such thirty day period to the mayor of the  city  of  New  York  setting
  forth  in  detail  the  grounds  for  the  New  York  city comptroller's
  determination.  The  mayor  of  the  city  of  New  York   may   require
  registration  of  the  contract  or  agreement despite the New York city
  comptroller's objections if the mayor  of  the  city  of  New  York  has
  responded to such comptroller's objections in writing, indicating:
    (1)  the  corrective  actions  if any, that have been taken or will be
  taken in response to such comptroller's objections, or
    (2) the reasons why the mayor of the city of New York  disagrees  with
  such comptroller's objections.
    Such  response by the mayor of the city of New York shall not serve as
  the basis for further objection by the New York  city  comptroller,  and
  such  comptroller  shall  register  the  contract,  franchise, revocable
  consent or concession within ten days of receipt of  the  mayor  of  the
  city of New York's response.
    (e)  The  requirements  of  paragraphs (c) and (d) of this subdivision
  shall  not  apply  to  an  emergency  contract   awarded   pursuant   to
  subparagraph (x) of paragraph (a) of this subdivision, provided that the
  chancellor  shall comply with the requirements of paragraphs (c) and (d)
  of this subdivision as soon as practicable.
    37. Establish guidelines and a system of internal controls,  including
  internal  administrative controls and internal accounting controls, with
  provisions for internal audits, as such terms  are  defined  in  section
  nine  hundred fifty of the executive law. Such system shall also include
  a system of internal control review designed to identify weaknesses  and

  identify  actions  to rectify them; a clear and concise statement of the
  generally applicable management policies and standards made available to
  each officer and employee relevant to fiscal and expenditure control, in
  addition   to   education   and  training  efforts  to  ensure  adequate
  understanding of internal control standards and  evaluation  techniques;
  and  the  designation  of an internal control officer for each community
  district, each of whom shall report to the chancellor  and  the  auditor
  general,  to  execute  a  regular  internal  audit function, which shall
  operate in accordance  with  generally  accepted  governmental  auditing
  standards.  The  internal  auditors  for  the  community districts shall
  operate in cooperation  with  the  auditor  general,  appointed  by  the
  chancellor,  who  shall,  in  addition  to the functions of the internal
  auditors, monitor and conduct random audits of school districts at least
  once  every   two   years   for   fraud,   waste,   and   mismanagement.
  Notwithstanding  any provision of state law or state or city regulation,
  the internal auditors, and the auditor general, shall be entitled,  upon
  their  request,  to all and any documents and materials bearing in their
  judgment on the finances and cost-effectiveness of the schools  and  the
  school  districts  that is in the possession of the community districts,
  the schools, or any officer thereof.
    38. To  exercise  all  of  the  duties  and  responsibilities  of  the
  employing  board as set forth in section three thousand twenty-a of this
  chapter with respect to any member of the teaching or supervisory  staff
  of  schools  under  the jurisdiction of the community district education
  councils.  The  chancellor  shall   exercise   all   such   duties   and
  responsibilities  for  all  community  districts  or  may  delegate  the
  exercise of all such duties and responsibilities to all of the community
  superintendents of the city district.
    38-a. To exercise all  of  the  duties  and  responsibilities  of  the
  employing  board as set forth in section three thousand twenty-a of this
  chapter with respect to any member of the teaching or supervisory  staff
  of  schools which are not covered under subdivision thirty-eight of this
  section.  Provided,  however  that  the  city   board   shall   maintain
  jurisdiction over any consequence resulting from an employee waiver of a
  hearing,  as provided for in paragraph (d) of subdivision two of section
  three thousand twenty-a of this chapter.
    39. (a) Prescribe regulations and by-laws  requiring  members  of  the
  city board, the chancellor, and any other officer or employee in schools
  and programs under the jurisdiction of the city board and the chancellor
  to  make  annual  written disclosure to the chancellor, of the following
  information:
    (i) the employment by the city school board or any community  district
  education  council  of  any  person  related  within the third degree of
  consanguinity or affinity to the person making disclosure, including the
  employment of any such person for which a two-thirds vote  was  required
  under  paragraph  (e) of subdivision four of section twenty-five hundred
  ninety-j of this article, with a notation of  the  date  such  vote  was
  taken.
    (ii)  the  source of any income, reimbursement, gift, or other form of
  compensation for services rendered, together with a description of  such
  services.
    (b)  The  chancellor  shall review, at least once annually, compliance
  with  the  requirements  of  subdivisions  five  and  six   of   section
  twenty-five  hundred ninety-e of this article and regulations or by-laws
  prescribed in this subdivision. Any community district education council
  member, community superintendent, or other officer or employee  required
  to make disclosure, who fails to make such disclosure, shall be notified

  in  writing  of his or her failure to do so and given thirty days within
  which to comply.
    (d)   Willful  failure  to  make  full  and  timely  disclosure  shall
  constitute cause for removal from office of any member of the city board
  or for any other officer or employee disciplinary action and such  other
  penalty as may be provided by law.
    (e)  Disclosures made pursuant to the requirements of this subdivision
  and any notification of  failure  to  make  disclosures  shall  be  made
  available for public inspection during regular business hours on regular
  business days.
    40.  (a)  Prescribe  regulations  and by-laws requiring members of the
  city board, the chancellor, and, for good cause shown, any other officer
  or employee in schools and programs under the jurisdiction of  the  city
  board and the chancellor, to submit to the chancellor, in the discretion
  of the chancellor, financial reports for themselves and their spouses.
    (b)  The  frequency and period of coverage, the designation of persons
  to submit such reports  by  name,  title,  or  income  level,  or  by  a
  combination  thereof, and the content of such reports, including minimum
  dollar amounts, shall be determined by the chancellor, and such  reports
  may include but not necessarily be limited to the following:
    (i) amount and source of income for services rendered, together with a
  description of such services;
    (ii)  amount  and  source  of gifts, capital gains, reimbursements for
  expenditures, and honoraria;
    (iii) investments in securities and real property;
    (iv) amount of debts and names of creditors;
    (v) outstanding loans and other forms of indebtedness  due  to  person
  reporting or spouse, by name and amounts; and
    (vi)  trusts  and  other  fiduciary  relationships and their assets in
  which a beneficial interest is held.
    (c)  Willful  failure  to  file  required  financial   reports   shall
  constitute cause for removal from office of any member of the city board
  or  for any other officer or employee disciplinary action and such other
  penalty as may be provided by law.
    41. Appoint and set salaries for staff in  non-represented  managerial
  titles.
    42.  (a)  To dispose of such personal property used in the schools and
  other buildings of the city of New York under the  charge  of  the  city
  board  as  shall no longer be required for use therein. Such disposition
  shall be made in the name of the city of New York and for such city.
    (b) The chancellor may sell, at prices as may  be  agreed  upon,  such
  manufactured  articles  or other products of any school of the district,
  day and evening, as may not be utilized  by  the  city  board,  and  all
  moneys realized by the sale thereof shall be paid into the city treasury
  and  shall  at  once be appropriated by the city to a special fund to be
  administered by the city board for such purposes as such board,  in  its
  discretion,  may  determine.  All  other  moneys realized by the sale of
  personal property shall be paid into the city treasury and shall at once
  be appropriated by the city to the special school fund of the city board
  for use in the borough in which the property sold was situated.
    (c) Such method of disposal shall  be  deemed  not  to  apply  to  the
  disposition  of school books pursuant to subdivision forty-three of this
  section.
    43. To dispose of, to the best advantage of  the  city  of  New  York,
  either  by  sale or on the basis of money allowance for waste paper, all
  books delivered to the several public schools of  such  city  that  have
  been discarded either by reason of being obsolete, no longer required by
  the  course  of  study, worn by long usage, or mutilated by accident. If

  disposal is made by sale, it shall be to the  highest  bidder,  and  the
  money realized shall be paid into the city treasury and shall at once be
  appropriated  by  the  city to the special school fund of the city board
  entitled "supplies". If disposal is made on the basis of money allowance
  for waste paper, it shall be to the highest bidder. Such discarded books
  may  be  disposed of without public advertisement or entry into a formal
  contract. Should the discarded books be in such condition that  no  sale
  or  exchange can be made, or should there be reason to believe that such
  discarded books have become infected through disease among  the  pupils,
  or  should  the  superintendent  of  schools certify that such discarded
  books contain erroneous, inaccurate,  obsolete,  or  antiquated  subject
  matter, illustrations, maps, charts, or other material, the committee on
  supplies  of the board of education, if such books cannot be sold, given
  away, or otherwise salvaged as waste paper without danger to the  public
  health,  may  authorize  their  destruction  by fire, in which event the
  superintendent of school supplies shall obtain and file in  his  or  her
  office  a  certificate that such books have been so destroyed, signed by
  the principal of the school in which the books are located.
    44. To provide the proper book or books in which he or she shall cause
  the class teachers under the direction and supervision of the  principal
  to  enter  the  names,  ages, and residences of the pupils attending the
  school, the name of the parent or guardian of each pupil, and  the  days
  on  which the pupils shall have attended respectively, and the aggregate
  attendance of each pupil during the year, and also the  day  upon  which
  the  school  shall have been visited by the superintendent of schools or
  by  an  associate  superintendent  of  schools  or   by   an   assistant
  superintendent,  or  by  members of the city board, or by members of the
  community district education council, or by any  of  them,  which  entry
  shall be verified by such oath or affirmation of the principal as may be
  prescribed  by  the  chancellor.  Such  books  shall be preserved as the
  property of the chancellor and shall at all times be open to  inspection
  by  members  of the city board, by members of the community councils and
  by the superintendent of schools, or by any associate superintendent  of
  schools, or by the assistant superintendents.
    45.  Make  rules  and  regulations  for  the  conduct,  operation, and
  maintenance of extra classroom  activities  and  for  the  safeguarding,
  accounting,  and  audit of all moneys received and derived therefrom. In
  the case of any extra classroom activity as it shall  deem  proper,  and
  notwithstanding  the provisions of section twenty-five hundred thirty of
  this title, it may direct that the moneys received or derived  from  the
  conduct,  operation,  or maintenance of such an extra classroom activity
  be deposited with the auditor, who in such event shall be the  treasurer
  of such an extra classroom activity, the moneys of which are required to
  be  so  deposited.  In  the procurement of articles and services for the
  conduct,  operation,  and  maintenance  of  a  cafeteria  or  restaurant
  service,  the  chancellor  shall  be subject to applicable provisions of
  law, except that said chancellor  need  not  have  duly  advertised  for
  estimates  in  order  to  contract  for  such articles or services in an
  amount exceeding one thousand dollars. The chancellor  shall  also  have
  power  to  assign any officers or employees to perform such duties as he
  or she may prescribe in connection with an extra classroom activity  and
  to  designate  such  officers and employees when so assigned from whom a
  bond shall be required for faithful performance of their duties  and  to
  fix the sum in which each such bond shall be given.
    46.  To  maintain,  through  such  representatives  as  he  or she may
  designate, an effective visitation and inspection  of  all  schools  and
  classes  maintained  in  institutions  controlled  by  the department of
  correction of the city of New York.

    47. To assign, in his or her discretion, one or more employees of  the
  city   board   to   serve  as  trial  examiner  with  power  to  conduct
  investigations and hearings on behalf  of  the  chancellor.  Each  trial
  examiner shall report the result of any such investigation or hearing to
  the chancellor.
    48.   To  hold  a  public  meeting  in  each  community  district,  in
  conjunction with the community district education council, during a  two
  year  period,  beginning  with  the  two thousand nine--two thousand ten
  school year, in order to  report  on  public  school  finances,  student
  performance,  and  educational goals and priorities of the city district
  and to  receive  and  respond  to  public  comments  and  concerns.  The
  chancellor  shall  direct the community superintendent to provide public
  notice of such  meeting  in  order  to  maximize  the  participation  of
  parents, students, and all other interested parties.
    49.  To  provide information, data, estimates and statistics regarding
  all matters relating to the city district as requested by  the  director
  of  the  independent  budget  office  of  the  city  of  New York or the
  comptroller of the city of New York, in a timely fashion.
    50. To issue an annual report on the  participation  of  minority  and
  women  owned  business  enterprises  in  the city district's procurement
  process including the number of contracts awarded to minority and  women
  owned business enterprises, the percent of contracts awarded to minority
  and  women  owned  business  enterprises of the total number of all city
  district contracts, the aggregate value  of  all  contracts  awarded  to
  minority  and  women  owned business enterprises, and the percent of the
  aggregate value  of  contracts  awarded  to  minority  and  women  owned
  business  enterprises  of the total aggregate value of all city district
  contracts.
    51. Propose a  policy  for  city  board  approval  that  promotes  the
  recruitment and retention of a workforce at the city district, community
  district,  and school level that considers the diversity of the students
  attending the public schools within the city  district.  The  chancellor
  shall  issue an annual report outlining the initiatives taken to enhance
  diversity and equity in recruitment and retention  and  the  impacts  of
  such  initiatives  to  the  workforce  at  the  city district, community
  district and school level.
    52. To compile an inventory of and issue a written  report  about  the
  outdoor  schoolyards  in  the  city  school  district,  as  required  by
  subdivision fourteen of section twenty-five hundred  fifty-six  of  this
  title.
    53.  To  compile  an inventory of, issue a written report, and provide
  recommendations  as  required  by   subdivision   fifteen   of   section
  twenty-five  hundred  fifty-six  of  this  title regarding transportable
  classroom units in the city school district.
    * NB Effective until June 30, 2015
    * § 2590-h. Powers and duties of chancellor. The office of  chancellor
  of the city district is hereby continued. It shall be filled by a person
  employed  by the city board by contract for a term not to exceed by more
  than one year the term of office of  the  city  board  authorizing  such
  contract,  subject  to removal for cause. The chancellor shall receive a
  salary to be fixed by the city board  within  the  budgetary  allocation
  therefor. He or she shall exercise all his or her powers and duties in a
  manner  not  inconsistent  with  the  policies  of  the  city board. The
  chancellor  shall  have  the  following  powers  and   duties   as   the
  superintendent  of  schools  and  chief  executive  officer for the city
  district, which the  chancellor  shall  exercise  to  promote  an  equal
  educational  opportunity  for  all  students  in the schools of the city
  district,  promote  fiscal  and  educational  equity,  increase  student

  achievement  and  school  performance  and  encourage local school-based
  innovation, including the power and duty to:
    1. Control and operate:
    (a) academic and vocational senior high schools until such time as the
  same  may  be  transferred  to the jurisdiction of appropriate community
  boards pursuant to this article;
    (b) all specialized senior high  schools.  The  special  high  schools
  shall include the present schools known as:
    The  Bronx  High  School  of Science, Stuyvesant High School, Brooklyn
  Technical High School, Fiorello H. LaGuardia High School  of  Music  and
  the Arts in the borough of Manhattan, and such further schools which the
  city board may designate from time to time. The special schools shall be
  permitted  to maintain a discovery program in accordance with the law in
  effect on the  date  preceding  the  effective  date  of  this  section;
  admissions  to the special schools shall be conducted in accordance with
  the law in effect on the date  preceding  the  effective  date  of  this
  section;
    (c)  all special education programs and services conducted pursuant to
  this chapter;
    (d) subject to the provisions of section twenty-five hundred  ninety-i
  of this article, devolving powers to the schools, city-wide programs for
  city-wide services to a substantial number of persons from more than one
  community district, including transportation; food services; payroll and
  personnel  functions,  including  pension  and  retirement services; and
  enforcement of laws  and  regulations  promoting  equal  opportunity  in
  employment,  access  to  public  accommodations  and  facilities,  equal
  opportunity  in  education,  and  preventing  and  addressing   unlawful
  discrimination;  provided,  however,  that a community district may also
  operate within its district  programs  which  provide  similar  services
  otherwise authorized by this article.
    2. Establish, control and operate new schools or programs of the types
  specified in subdivision one of this section, or to discontinue any such
  schools and programs as he or she may determine; provided, however, that
  he shall consult with the affected community board before:
    (a)  substantially  expanding  or  reducing such an existing school or
  program within a community district;
    (b) initially utilizing a community district school  or  facility  for
  such a school or program;
    (c) instituting any new program within a community district.
    3.  Subject  to  the  approval  of  the  city board, develop a plan to
  provide for the establishment of comprehensive high schools  within  the
  city  district  so that every community district shall have available to
  its graduates further education and a comprehensive  high  school.  Such
  plan  may  provide  for  the  conversion of academic and vocational high
  schools and may be amended or modified from time to time.
    4. Appoint teacher-aides for the schools and programs under his or her
  jurisdiction within the budgetary allocation therefor.
    5.  Retain  jurisdiction  over  all  employees  who  are  required  in
  connection  with  the  performance of duties with respect to the design,
  construction, operation and maintenance of all school buildings  in  the
  city school district. Such employees shall have all rights accorded them
  under  the  provisions  of  the  civil  service law, including manner of
  appointment, classification, promotion, transfer and  removal  including
  an  opportunity to be heard provided, however, that each custodian shall
  be responsible for the performance of his duties to the principal of the
  school who shall be responsible to the district superintendent.
    6. Employ or retain counsel subject to the powers and  duties  of  the
  corporation  counsel  of  the city of New York to be his or her attorney

  and  counsel  pursuant  to  subdivision  a  of  section  three   hundred
  ninety-four  of  the  New  York city charter; provided, however, that in
  actions or proceedings between the city board or the chancellor and  one
  or  more  community  boards,  the  city board or the chancellor shall be
  represented by the corporation counsel of the city of New York.
    7. To  continue  existing  voluntary  programs  or  to  establish  new
  programs  under  which  students may choose to attend a public school in
  another community district.
    8.  Promulgate  minimum  clear   educational   standards,   curriculum
  requirements   and  frameworks,  and  mandatory  educational  objectives
  applicable to all schools and programs throughout the city district, and
  examine and evaluate periodically all such  schools  and  programs  with
  respect to
    (i) compliance with such educational standards and other requirements,
  and
    (ii)  the educational effectiveness of such schools and programs, in a
  manner not inconsistent with the policies of the city board.
    9. Furnish community boards and the city board periodically  with  the
  results  of  such  examinations  and  evaluations  and  to make the same
  public.
    10. Require each community superintendent to  make  an  annual  report
  covering   all   matters   relating  to  schools  under  the  district's
  jurisdiction including, but  not  limited  to,  the  evaluation  of  the
  educational   effectiveness  of  such  schools  and  programs  connected
  therewith.
    11. Require such community board or superintendent to make such number
  of periodic reports as may be necessary to accomplish  the  purposes  of
  this chapter.
    13.  Perform  the  following  functions  throughout the city district;
  provided, however, that the chancellor and any community board may agree
  that any such function may be appropriately performed by  the  community
  board with respect to the schools and programs under its jurisdiction:
    (a) Technical assistance to community districts and schools;
    (b)  Such  warehouse space on a regional basis as he or she determines
  to be necessary or appropriate after  consultation  with  the  community
  superintendents;
    (c) Purchasing services on a city-wide, regional or community district
  basis subject to subdivision thirty-six of this section;
    (d)  Reinforce  and  foster  connections  to  institutions  of  higher
  education to promote student achievement.
    14. Develop and furnish pre-service and in-service  training  programs
  for  principals  and  other  employees  throughout the city district. In
  addition, the chancellor shall prepare and annually  update  a  training
  plan  for  participating  parents,  and  school  personnel,  which shall
  include, at minimum, such training as may be required  for  exercise  of
  their  responsibilities,  full  participation  and  compliance  with the
  provisions of this section. The chancellor shall,  in  addition,  within
  amounts  appropriated,  allocate  sufficient  funds  directly and to the
  superintendents for teacher and principal training  to  meet  identified
  needs for school improvement.
    15.  Promote  the  involvement and appropriate input of all members of
  the school  community  pursuant  to  the  provisions  of  this  article,
  including parents, teachers, and other school personnel, including:
    (a)   establishing   a  parents'  association  or  a  parent-teachers'
  association in each school  under  the  chancellor's  jurisdiction;  and
  ensuring that the districts do the same;
    (b)  pursuant  to a plan prepared in consultation with associations of
  parents, and representatives of teachers, supervisors, paraprofessionals

  and other school personnel within the city district, and promulgated  no
  later  than  January  thirty-first,  nineteen  hundred ninety-eight, (i)
  taking all necessary steps to ensure that no later than  October  first,
  nineteen  hundred  ninety-nine,  the  city  district  and  the community
  districts are in full compliance, and remain in  compliance  thereafter,
  with  state  and  federal  law  and  regulations concerning school-based
  management and shared decision-making, including section 100.11  of  the
  commissioner's  regulations, in a manner which balances participation by
  parents with participation  by  school  personnel  in  advising  in  the
  decisions  devolved  to schools pursuant to sections twenty five hundred
  ninety-i and twenty-five hundred ninety-r  of  this  article,  and  (ii)
  pursuant  to  such plan providing for appropriate training to any parent
  and school personnel who participate in the school-based management  and
  shared decision-making process; and
    (c)  developing,  in  consultation with associations of parents in the
  city district, and implementing no later than  October  first,  nineteen
  hundred  ninety-eight,  a parental bill of rights which provides for, at
  minimum:
    (i) reasonable access by parents, persons  in  parental  relation  and
  guardians to schools, classrooms, and academic and attendance records of
  their  own  children,  consistent  with federal and state laws, provided
  that such access does not disrupt or interfere with the  regular  school
  process;
    (ii) the rights of parents, persons in parental relation and guardians
  to   take   legal   action  and  appeal  the  decisions  of  the  school
  administration, as authorized by law;
    (iii) the right of parents, persons in parental relation and guardians
  to have information on their own child's educational materials;
    (iv) access to and information about all public meetings, hearings  of
  the  chancellor,  the  city  board,  the  community superintendents, the
  community boards, and the schools; and
    (v) access to information regarding programs that  allow  students  to
  apply for admission where appropriate to schools outside a student's own
  attendance zone.
    The chancellor shall by rule or regulation provide for the involvement
  including  membership,  in  any  parents'  association or parent-teacher
  association established pursuant to this subdivision, of  a  grandparent
  who  is  in parental relation to a child who attends a school within the
  jurisdiction of the community school  district.  For  purposes  of  this
  subdivision,  a  grandparent  shall  be  considered  to  be  in parental
  relation to a child when such grandparent has assumed care of such child
  because  such  child's  parents  are  not  available   due   to   death,
  imprisonment,  mental  illness, living outside the state, abandonment of
  the  child,  or  other  circumstances.  A  determination  of  whether  a
  grandparent  is  in parental relation to a child shall be based upon the
  individual circumstances surrounding guardianship and custodial care  of
  such child.
    16.  Promulgate  such rules and regulations as he or she may determine
  to be necessary or convenient to accomplish the purposes  of  this  act,
  not inconsistent with the provisions of this article and the policies of
  the city board.
    17.  Possess  those powers and duties described in section twenty-five
  hundred fifty-four of this chapter, the exercise of which shall be in  a
  manner  not  inconsistent  with  the  provisions of this article and the
  policies of the city board.
    18. Possess those powers and duties contained in section nine  hundred
  twelve  of  this chapter and those provisions of article fifteen thereof
  which relate to non-public schools, those powers and duties contained in

  section five hundred twenty-two of the New York city charter  and  those
  powers  and  duties  contained in article seventy-three of this chapter,
  the exercise of which shall be in a manner  not  inconsistent  with  the
  provisions of this article and the policies of the city board.
    19.  Delegate  any of his or her powers and duties to such subordinate
  officers or employees as he or she deems appropriate and  to  modify  or
  rescind any power and duty so delegated.
    20.   Ensure   compliance  with  qualifications  established  for  all
  personnel employed  in  the  city  district,  including  the  taking  of
  fingerprints  as  a prerequisite for licensure and/or employment of such
  personnel. Every set of fingerprints taken pursuant to this  subdivision
  shall be promptly submitted to the division of criminal justice services
  where  it shall be appropriately processed. Furthermore, the division of
  criminal justice services is authorized to submit  the  fingerprints  to
  the  federal  bureau  of  investigation  for a national criminal history
  record check.
    21. Perform the functions of the bureau of audit throughout  the  city
  district, including ensuring compliance with subdivisions thirty-six and
  thirty-seven of this section.
    22.  Establish  uniform  procedures for record keeping, accounting and
  reporting throughout the city district, including pupil record  keeping,
  accounting and reporting.
    23.  Develop  an  educational  facilities  master  plan, and revisions
  thereto, as defined in section  twenty-five  hundred  ninety-o  of  this
  article.
    24.  Develop  and implement a five-year educational facilities capital
  plan, and amendments thereto, as defined in section twenty-five  hundred
  ninety-p  of  this  article. The chancellor shall also appoint a person,
  who reports directly to the chancellor or his or her designee, to assist
  in the development  and  implementation  of  such  plan  and  amendments
  thereto and to oversee the school buildings program.
    25.  On  the  chancellor's  own  initiative,  or  at  the request of a
  community superintendent, transfer a principal employed by  a  community
  school  district pursuant to an agreement with the employee organization
  representing such principals. The chancellor shall establish a procedure
  for consulting with affected  parents  to  explain  any  such  transfer.
  Consistent  with  section  twenty-five hundred ninety-i of this article,
  including without limitation subdivision three thereof, and  subdivision
  one  thereof  with  respect to the rights and obligations of a school to
  which a principal is transferred, in addition to any other law providing
  for the transfer of  principals,  the  chancellor  also  may  cause  the
  transfer  or  removal  of principals for persistent educational failure,
  conflicts of interest, and ethics violations, and may require principals
  to participate in  training  and  other  remedial  programs  to  address
  identified factors affecting student achievement and school performance.
    26.   Establish   educational   and   experience   qualifications  and
  requirements for all custodial positions including, but not limited  to,
  custodians  and custodial engineers and develop standards for evaluating
  the performance of all such individuals, subject to approval of the city
  board. Such performance standards shall include, but not be limited  to:
  the cleanliness of facilities; adequacy and timeliness of minor repairs;
  maintenance  of  good  working  order of facilities and grounds; general
  facilities improvement; and emergency  services.  The  chancellor  shall
  promulgate  regulations setting forth the respective responsibilities of
  the district plant manager, which shall include regular consultation and
  ongoing reports to the community superintendent, and  the  principal  of
  each  school  for  evaluating the performance of the custodial employees
  assigned to his or her  school,  in  accordance  with  such  performance

  standards,  and  such  performance  evaluations  shall be given dominant
  weight in any decision  for  the  purposes  of:  advancement;  continued
  employment;  building  transfers;  and other performance incentives. The
  responsibility  of  the  principal  of  each school in the evaluation of
  custodial employees may be  a  matter  for  collective  bargaining  with
  collective bargaining representatives for principals.
    27. Develop, in conjunction with each community superintendent, a plan
  for  providing  access  to  school  facilities  in each community school
  district, when not in use for school purposes, in  accordance  with  the
  provisions  of  section four hundred fourteen of this chapter. Such plan
  shall set forth a reasonable system of fees not  to  exceed  the  actual
  costs  and  specify that no part of any fee shall directly or indirectly
  benefit or be deposited into an account which inures to the  benefit  of
  the custodians or custodial engineers.
    28.   Establish,  subject  to  the  approval  of  the  city  board,  a
  publicly-inclusive process for the recruitment, screening and  selection
  of district superintendent candidates.
    29. Promulgate regulations, subject to the approval of the city board,
  establishing educational, managerial, and administrative qualifications,
  performance record criteria, and performance standards for the positions
  of superintendent and principal.
    30.  Select  a community superintendent from candidates recommended by
  community  boards,  based  upon  compliance  with  the  procedures   for
  selection  required  by  subdivision  twenty-eight  of this section, the
  qualifications required by subdivision twenty-nine of this section,  and
  consistent with a model contract developed by the chancellor.
    30-a.  Remove  a community superintendent who fails to comply with the
  provisions of subdivision two of section twenty-five hundred ninety-f of
  this article.
    31. Intervene in any district or school which is persistently  failing
  to  achieve educational results and standards approved by the city board
  or established by the state board of regents, or has failed  to  improve
  its  educational results and student achievement in accordance with such
  standards or state or city board  requirements,  or  in  any  school  or
  district in which there exists, in the chancellor's judgment, a state of
  uncontrolled or unaddressed violence. The chancellor may, in addition to
  exercising  any  other  powers  authorized by this article, require such
  school principal,  or  district  as  the  case  may  be,  to  prepare  a
  corrective  action  plan,  with  a timetable for implementation of steps
  acceptable to the chancellor to reach improvement goals consistent  with
  city board standards and educational results. The chancellor may require
  the  school  or district to alter or improve the corrective action plan,
  or  may  directly  modify  the  plan.  The  chancellor   shall   monitor
  implementation  of  the  plan,  and,  if the school or district fails to
  implement it, may supersede any  inconsistent  decision  of  the  school
  principal,  community board or community superintendent; assume joint or
  direct control of the operation of the school or district  to  implement
  the  corrective action plan; or take any other action authorized by this
  article. Any action of  the  chancellor  to  supercede  an  inconsistent
  decision   of   the  school  principal,  community  board  or  community
  superintendent, or to assume joint or direct control of the operation of
  the school or district pursuant to this subdivision may be  appealed  to
  the  city  board in accordance with section twenty-five hundred ninety-g
  of this article.
    32. Appoint a deputy, for each  borough  of  the  city  of  New  York,
  responsible  for  coordinating  and  periodically meeting and consulting
  with  the  borough  president,  the   chancellor   and   the   community
  superintendents  in the borough on borough-specific issues and issues of

  borough-wide  significance,  including  the  provision  of  services  in
  support  of  schools  and  community  districts  such as transportation,
  purchasing, capital planning, and coordination with municipal  services,
  and chancellor and city board policy with respect to the high schools.
    33.  Require community school board members to participate in training
  and retraining in order to promote district and school  performance  and
  student achievement, as a continuing condition for membership.
    35.  Take  all  necessary  steps  to  promote  the  effectiveness  and
  integrity of school-based  budgeting  pursuant  to  section  twenty-five
  hundred  ninety-r  of this article, including the obligations imposed by
  subdivision thirty-seven of this section.
    36. Develop in consultation with the city board, a procurement  policy
  for  the city school district of the city of New York, and the districts
  and public schools therein.  Such  policy  shall  ensure  the  wise  and
  prudent use of public money in the best interest of the taxpayers of the
  state;  guard  against favoritism, improvidence, extravagance, fraud and
  corruption; and ensure that contracts are awarded  consistent  with  law
  and  on  the  basis  of  best  value, including, but not limited to, the
  following criteria: quality, cost and efficiency. Such policy shall also
  include: (a) standards for quality, function and utility of all material
  goods,   supplies   and   services   purchased   by   the    chancellor,
  superintendents or schools; (b) regulations for the purchase of material
  goods,  supplies and services by the chancellor, the superintendents and
  the schools, including clearly articulated procedures  which  require  a
  clear  statement  of  product specifications, requirements or work to be
  performed, a documentable process of soliciting bids, proposals or other
  offers, and a balanced  and  fair  method,  established  in  advance  of
  receipt  of  offers,  for  evaluating offers and awarding contracts; (c)
  regulations  which  enable  superintendents  and  schools  to   purchase
  material goods, supplies and services directly from vendors or suppliers
  when  such  products  are  available  at  prices  or  other  terms  more
  economically beneficial for the purposes of the acquiring superintendent
  or school;  and  (d)  regulations  shall  include  repair  services  and
  building supplies, as defined in such regulations, for expenditures from
  each  district's  minor  repair and purchasing funds pursuant to section
  twenty-five hundred ninety-r of this article.
    37. Establish, subject to the approval of the city  board,  guidelines
  and  a  system  of  internal controls, including internal administrative
  controls and internal accounting controls, with provisions for  internal
  audits,  as  such terms are defined in section nine hundred fifty of the
  executive law. Such system shall  also  include  a  system  of  internal
  control  review  designed to identify weaknesses and identify actions to
  rectify them; a clear and concise statement of the generally  applicable
  management  policies  and  standards  made available to each officer and
  employee relevant to fiscal and  expenditure  control,  in  addition  to
  education  and  training  efforts  to  ensure  adequate understanding of
  internal  control  standards  and   evaluation   techniques;   and   the
  designation  of an internal control officer for each community district,
  each of whom shall report to the chancellor and the auditor general,  to
  execute  a  regular  internal  audit  function  which  shall  operate in
  accordance with generally accepted governmental auditing standards.  The
  internal   auditors   for  the  community  districts  shall  operate  in
  cooperation with  the  auditor  general,  appointed  by  the  chancellor
  subject to the approval of the city board, who shall, in addition to the
  functions of the internal auditors, monitor and conduct random audits of
  school  districts  at  least  once  every two years for fraud, waste and
  mismanagement. Notwithstanding any provision of state law or state, city
  or city  board  regulation,  the  internal  auditors,  and  the  auditor

  general, shall be entitled, upon their request, to all and any documents
  and   materials   bearing   in   their  judgment  on  the  finances  and
  cost-effectiveness of the schools and the school districts  that  is  in
  the  possession  of the community districts, the schools, or any officer
  thereof.
    38. to  exercise  all  of  the  duties  and  responsibilities  of  the
  employing  board as set forth in section three thousand twenty-a of this
  chapter with respect to any member of the teaching or supervisory  staff
  of   schools  under  the  jurisdiction  of  the  community  boards.  The
  chancellor shall exercise all such duties and responsibilities  for  all
  community  districts or may delegate the exercise of all such duties and
  responsibilities to all of the community  superintendents  of  the  city
  district.
    * NB Effective June 30, 2015
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