New York Education Law Section 2590-I - Powers and duties of schools; principals; provisions for the transfer of jurisdiction of high schools.

* 2590-i. Powers and duties of schools; principals; provisions for the transfer of jurisdiction of high schools. 1. The principal shall be the administrative and instructional leader of the school. Subject to the regulations of the chancellor and applicable collective bargaining agreements and obligations, the principal shall be responsible for the day to day operation of the school and shall carry out these duties in consultation with parents, teachers and other staff, and the school based management team pursuant to section twenty-five hundred ninety-h of this article including:

(a) promote an equal educational opportunity for students in the school,

(b) subject to school-based budgeting pursuant to section twenty-five hundred ninety-r of this article,

(c) subject to collective bargaining obligations and agreements, the budget applicable to the school, and the other provisions of this article including section twenty-five hundred ninety-j of this article, to make recommendation on staff selection, including through the establishment of appropriate objective criteria consistent with chancellor's regulations for filling vacancies based upon the school's instructional and facility needs,

(d) subject to the standards and assessments promulgated by the chancellor, to develop school-based curricula and syllabi for instruction, and to address other matters relating to the instruction of students, including the selection of texts from lists approved by the chancellor and instructional materials, consistent with regulations of the commissioner, and subject to the approval of the superintendent, or chancellor in the case of schools under the jurisdiction of the city board,

(e) subject to the approval of the superintendent, or, where appropriate, the chancellor and within the limits of funds made available therefor, to enhance teacher and staff development relevant to increasing student achievement, support extended day programs, school reform programs, and pupil-support services,

(f) enhance pupil support services by coordinating related programs,

(g) to make or arrange for minor repairs as delegated by the chancellor or superintendent pursuant to regulations of the chancellor, or as otherwise authorized by law subject to subdivisions thirty-six and thirty-seven of section twenty-five hundred ninety-h of this article,

(h) subject to subdivisions thirty-six and thirty-seven of section twenty-five hundred ninety-h of this article, identifying and purchasing equipment and supplies that can be purchased for less than if purchased through purchasing arrangements entered into through the city board, the chancellor or the superintendent,

(i) to manage and operate the school building and other facilities under its jurisdiction.

2. (a) The principal may be removed or transferred by the superintendent or the chancellor for persistent educational failure of the school or other cause. Removals may be caused pursuant to section three thousand twenty-a of this chapter if applicable. Transfers may be caused pursuant to subdivision twenty-five of section twenty-five hundred ninety-h of this article. Any such removal or transfer may be appealed to the city board, during which time the superintendent may appoint an acting principal subject to the approval of the chancellor. Provided however that such appointee must meet qualifications pursuant to paragraph (c) of this subdivision. Persistent educational failure of the school shall be defined in regulations of the chancellor to include a pattern of poor or declining achievement; a pattern of poor or declining attendance; disruption or violence; and continuing failure to meet chancellor's performance standards or other standards.

(b) The principal may be required by the chancellor or the superintendent to participate in training or other forms of staff development or to address identified areas of educational need and promote student achievement and school performance.

(c) Principals shall be selected consistent with regulations of the chancellor establishing a process that promotes parental and staff involvement in the recruitment, screening, interviewing and recommendation of candidates. Candidates must meet the requirements of regulations of the chancellor establishing educational, managerial, and administrative qualifications, including evaluation of each candidate's record of performance in comparable positions. In the case of schools under the jurisdiction of the community districts, a candidate approved by a community superintendent pursuant to paragraph (e) of subdivision one of section twenty-five hundred ninety-f of this article may nonetheless, before assuming the position, be rejected by the chancellor for cause. In the case of schools not under the jurisdiction of the community districts, the chancellor shall additionally consult with members of the school based management team prior to appointing a principal candidate to any such school.

3. Provisions for transfer of jurisdiction of high schools. Pursuant to regulations of the chancellor approved by the city board, any high school, other than a special senior academic or vocational high school of city-wide competitive admission, may be transferred from the jurisdiction of the city board to the jurisdiction of the community district in which it is located, or from such community district to the city board, upon the consent of the chancellor and the community superintendent. In such event, the chancellor and the superintendent shall promptly take all necessary steps to effectuate the transfer.

* NB Effective until June 30, 2019

* 2590-i. Powers and duties of schools; principals; provisions for the transfer of jurisdiction of high schools. 1. The principal shall be the administrative and instructional leader of the school. Subject to the regulations of the chancellor and applicable collective bargaining agreements and obligations, the principal shall be responsible for the day to day operation of the school and shall carry out these duties in consultation with parents, teachers and other staff pursuant to section twenty-five hundred ninety-h of this article including:

(a) promote an equal educational opportunity for students in the school,

(b) subject to school-based budgeting pursuant to section twenty-five hundred ninety-r of this article,

(c) subject to collective bargaining obligations and agreements, the budget applicable to the school, and the other provisions of this article including section twenty-five hundred ninety-j of this article, to make recommendation on staff selection, including through the establishment of appropriate objective criteria consistent with chancellor's regulations for filling vacancies based upon the school's instructional and facility needs,

(d) subject to the standards and assessments promulgated by the chancellor, to develop school-based curricula and syllabi for instruction, and to address other matters relating to the instruction of students, including the selection of texts from lists approved by the chancellor and instructional materials, consistent with regulations of the commissioner, and subject to the approval of the superintendent, or chancellor in the case of schools under the jurisdiction of the city board,

(e) subject to the approval of the superintendent, or, where appropriate, the chancellor and within the limits of funds made available therefor, to enhance teacher and staff development relevant to increasing student achievement, support extended day programs, school reform programs, and pupil-support services,

(f) enhance pupil support services by coordinating related programs,

(g) to make or arrange for minor repairs as delegated by the chancellor or superintendent pursuant to regulations of the chancellor, or as otherwise authorized by law subject to subdivisions thirty-six and thirty-seven of section twenty-five hundred ninety-h of this article,

(h) subject to subdivisions thirty-six and thirty-seven of section twenty-five hundred nine-h of this article, identifying and purchasing equipment and supplies that can be purchased for less than if purchased through purchasing arrangements entered into through the city board, the chancellor or the superintendent,

(i) to manage and operate the school building and other facilities under its jurisdiction.

2. (a) The principal may be removed or transferred by the superintendent or the chancellor for persistent educational failure of the school or other cause. Removals may be caused pursuant to section three thousand twenty-a of this chapter if applicable. Transfers may be caused pursuant to subdivision twenty-five of section twenty-five hundred ninety-h of this article. Any such removal or transfer may be appealed to the city board, during which time the superintendent may appoint an acting principal subject to the approval of the chancellor. Provided however that such appointee must meet qualifications pursuant to paragraph (d) of this subdivision. Persistent educational failure of the school shall be defined in regulations of the chancellor to include a pattern of poor or declining achievement; a pattern of poor or declining attendance; disruption or violence; and continuing failure to meet chancellor's performance standards or other standards.

(b) The principal may be required by the chancellor or the superintendent to participate in training or other forms of staff development or to address identified areas of educational need and promote student achievement and school performance.

(c) Principals shall be selected consistent with regulations of the chancellor establishing a process that promotes parental and staff involvement in the recruitment, screening, interviewing and recommendation of candidates. Candidates must meet the requirements of regulations of the chancellor and the city board establishing educational, managerial, and administrative qualifications, including evaluation of each candidate's record of performance in comparable positions. In the case of schools under the jurisdiction of the community districts, a candidate approved by a community superintendent may nonetheless, before assuming the position, be rejected by the chancellor for cause.

3. Provisions for transfer of jurisdiction of high schools. Pursuant to regulations of the chancellor approved by the city board, any high school, other than a special senior academic or vocational high school of city-wide competitive admission, may be transferred from the jurisdiction of the city board to the jurisdiction of the community district in which it is located, or from such community district to the city board, upon the consent of the chancellor and the community superintendent. In such event, the chancellor and the superintendent shall promptly take all necessary steps to effectuate the transfer.

* NB Effective June 30, 2019


Last modified: February 3, 2019