S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5715
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                     May 29, 2015
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be committed to the Committee on Education
       AN ACT to amend the education law, in relation to mayoral control of the
         city school district  of  the  city  of  Buffalo;  to  repeal  certain
         provisions  of  the  education law relating thereto; and providing for
         the repeal of certain provisions upon expiration thereof
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Short  title. This act shall be known and may be cited as
    2  the "city of Buffalo school district governance reform act".
    3    S 2. The education law is amended by adding a new article 52-B to read
    4  as follows:
    5                                ARTICLE 52-B
    6                   CITY OF BUFFALO SCHOOL DISTRICT SYSTEM
    7  SECTION 2591-A. APPLICATION OF ARTICLE.
    8          2591-B. DEFINITIONS.
    9          2591-C. BOARD OF EDUCATION; COMPOSITION.
   10          2591-D. BOARD OF EDUCATION; POWERS AND DUTIES.
   11          2591-E. SUPERINTENDENT  OF  SCHOOLS;  APPOINTMENT;  POWERS   AND
   12                    DUTIES.
   13          2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS
   14                    AND DUTIES.
   15          2591-G. APPOINTMENT OF TEACHERS, ADMINISTRATORS, SUPERVISORS AND
   16                    OTHER EMPLOYEES.
   17          2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES.
   18          2591-I. BUDGETARY AND FISCAL PROCESSES.
   19          2591-J. CUSTODY AND DISBURSEMENT OF FUNDS.
   20    S 2591-A. APPLICATION OF ARTICLE. THIS ARTICLE SHALL APPLY TO THE CITY
   21  SCHOOL DISTRICT OF THE CITY OF BUFFALO.
   22    S  2591-B.  DEFINITIONS.  AS USED IN THIS ARTICLE, THE FOLLOWING TERMS
   23  SHALL MEAN:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10770-05-5
       S. 5715                             2
    1    1. BOARD OF EDUCATION. THE TERM "BOARD OF EDUCATION" OR "BOARD"  SHALL
    2  MEAN  THE  BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF
    3  BUFFALO,   ESTABLISHED   PURSUANT   TO   SECTION   TWENTY-FIVE   HUNDRED
    4  NINETY-ONE-C OF THIS ARTICLE.
    5    2. CITY. THE TERM "CITY" SHALL MEAN THE CITY OF BUFFALO.
    6    3.  CITY DISTRICT. THE TERM "CITY DISTRICT" SHALL MEAN THE CITY SCHOOL
    7  DISTRICT OF THE CITY OF BUFFALO.
    8    4. COMMON COUNCIL. THE TERM "COMMON COUNCIL"  SHALL  MEAN  THE  COMMON
    9  COUNCIL OF THE CITY OF BUFFALO.
   10    5.  COMMISSIONER.  THE TERM "COMMISSIONER" SHALL MEAN THE COMMISSIONER
   11  OF THE STATE EDUCATION DEPARTMENT.
   12    6. COUNCIL DISTRICT. THE TERM "COUNCIL DISTRICT" SHALL  MEAN  THE  SIX
   13  DISTRICTS  INTO  WHICH  THE  CITY  OF BUFFALO IS DIVIDED PURSUANT TO THE
   14  CHARTER OF SUCH CITY FOR  THE  PURPOSES  OF  ELECTING  DISTRICT  COUNCIL
   15  MEMBERS.
   16    7.  COMMUNITY  SCHOOLS  ADVISORY  COUNCIL. THE TERM "COMMUNITY SCHOOLS
   17  ADVISORY COUNCIL" OR "ADVISORY COUNCIL" SHALL MEAN THE ADVISORY  COUNCIL
   18  ESTABLISHED PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS
   19  ARTICLE.
   20    8.  MAYOR.  THE  TERM  "MAYOR"  SHALL  MEAN  THE  MAYOR OF THE CITY OF
   21  BUFFALO.
   22    9. SUPERINTENDENT OR SUPERINTENDENT OF SCHOOLS. THE TERM  "SUPERINTEN-
   23  DENT"  OR  "SUPERINTENDENT  OF SCHOOLS" SHALL MEAN THE SUPERINTENDENT OF
   24  THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO.
   25    S 2591-C. BOARD OF EDUCATION; COMPOSITION.  1. THE BOARD OF  EDUCATION
   26  OF  THE CITY OF BUFFALO IS HEREBY CONTINUED.  SUCH BOARD MAY BE COMMONLY
   27  KNOWN AND REFERRED TO  AS  THE  EDUCATION  COMMISSION  OF  THE  CITY  OF
   28  BUFFALO.
   29    2. THE BOARD SHALL CONSIST OF NINE MEMBERS APPOINTED BY THE MAYOR.
   30    (A)  THE  MAYOR  SHALL MAKE EVERY EFFORT TO APPOINT A MEMBER FROM EACH
   31  COUNCIL DISTRICT.
   32    (B) EVERY MEMBER SHALL BE A RESIDENT OF THE CITY.
   33    (C) ALL  MEMBERS  SHALL  POSSESS  EXTENSIVE  EDUCATIONAL,  EDUCATIONAL
   34  ADMINISTRATION,  HEALTH  OR  MENTAL HEALTH, BUSINESS OR TRADE EXPERIENCE
   35  AND KNOWLEDGE, OR IS CAPABLE OF MAKING  A  SIGNIFICANT  CONTRIBUTION  TO
   36  IMPROVING THE EDUCATION OF THE STUDENTS OF THE CITY DISTRICT.
   37    3. ALL MEMBERS SHALL SERVE TWO YEAR TERMS.  ALL MEMBERS SHALL SERVE AT
   38  THE  PLEASURE OF THE APPOINTING AUTHORITY.  A MEMBER MAY BE REMOVED FROM
   39  OFFICE BY THE APPOINTING AUTHORITY DURING HIS OR HER TERM FOR GOOD CAUSE
   40  SHOWN, AFTER NOTICE AND OPPORTUNITY TO BE HEARD.  A MEMBER  WHO  REFUSES
   41  OR  FAILS  TO ATTEND THREE SUCCESSIVE MEETINGS OF SUCH BOARD VACATES HIS
   42  OR HER OFFICE BY REFUSAL TO SERVE.  ANY VACANCY SHALL BE FILLED  BY  THE
   43  APPOINTING AUTHORITY WITHIN THIRTY DAYS OF THE VACANCY.
   44    4.  MEMBERS  SHALL BE PAID A SALARY OF NOT MORE THAN $5,000 PER ANNUM,
   45  AND SHALL BE REIMBURSED FOR ALL ACTUAL AND NECESSARY  EXPENSES  DIRECTLY
   46  RELATED TO THE DUTIES AND RESPONSIBILITIES OF THE BOARD.
   47    5.    (A)  NO PERSON SHALL BE ELIGIBLE FOR THE OFFICE OF MEMBER OF THE
   48  BOARD WHO IS NOT A QUALIFIED VOTER UNDER SECTION 5-102 OF  THE  ELECTION
   49  LAW  OF SUCH CITY SCHOOL DISTRICT. NO PERSON SHALL HOLD AT THE SAME TIME
   50  THE OFFICE OF MEMBER OF THE BOARD AND  ANY  OTHER  ELECTIVE  OFFICE  NOR
   51  SHALL  SUCH  PERSON  BE A CANDIDATE FOR ANY OTHER ELECTIVE OFFICE AT THE
   52  SAME TIME HE OR SHE IS A MEMBER OF THE BOARD.
   53    (B) NO MEMBER OF THE BOARD SHALL BE EMPLOYED BY THE CITY OR  THE  CITY
   54  DISTRICT  OR  SHALL  BE  A  MEMBER OF ANY PUBLIC CORPORATION, AUTHORITY,
   55  COMMISSION OR ENTITY IN WHICH THE MAYOR HAS A MAJORITY OF APPOINTMENTS.
       S. 5715                             3
    1    6. THE BOARD SHALL HOLD AT LEAST ONE REGULAR PUBLIC MEETING PER MONTH.
    2  THE BOARD SHALL CONSIDER APPROPRIATE PUBLIC ACCOMMODATIONS WHEN  SELECT-
    3  ING  A VENUE SO AS TO MAXIMIZE PARTICIPATION BY PARENTS AND THE COMMUNI-
    4  TY. NOTICE OF THE TIME, PLACE AND AGENDA FOR ALL  BOARD  REGULAR  PUBLIC
    5  MEETINGS  SHALL BE PUBLICLY PROVIDED, INCLUDING VIA THE BOARD'S OFFICIAL
    6  INTERNET WEB SITE, AT LEAST TEN BUSINESS DAYS IN ADVANCE OF  SUCH  MEET-
    7  ING.
    8    7. ALL MEMBERS SHALL BE REQUIRED TO PREPARE AND FILE FINANCIAL DISCLO-
    9  SURE STATEMENTS PURSUANT TO THE CHARTER OF THE CITY OF BUFFALO.
   10    S  2591-D.  BOARD  OF EDUCATION; POWERS AND DUTIES. 1. THE BOARD SHALL
   11  ADVISE THE SUPERINTENDENT ON MATTERS OF POLICY AFFECTING THE WELFARE  OF
   12  THE  CITY  SCHOOL  DISTRICT  AND ITS PUPILS. THE BOARD SHALL EXERCISE NO
   13  EXECUTIVE POWER AND PERFORM NO EXECUTIVE OR ADMINISTRATIVE FUNCTIONS.
   14    2. THE BOARD SHALL PERFORM ANY DUTY IMPOSED UPON BOARDS  OF  EDUCATION
   15  OR  TRUSTEES  OF COMMON SCHOOLS UNDER THIS CHAPTER OR OTHER STATUTES, OR
   16  THE RULES OF THE REGENTS AND REGULATIONS OF THE COMMISSIONER SO  FAR  AS
   17  THEY  MAY  BE APPLICABLE TO THE SCHOOL OR OTHER EDUCATIONAL AFFAIRS OF A
   18  CITY, AND NOT INCONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
   19    3. EXCEPT AS OTHERWISE PROVIDED IN THIS ARTICLE, THE BOARD  SHALL  FOR
   20  ALL  PURPOSES  BE  THE  GOVERNMENT  OR  PUBLIC  EMPLOYER  OF ALL PERSONS
   21  APPOINTED OR ASSIGNED TO WORK FOR THE CITY DISTRICT.
   22    4. THE BOARD SHALL ALSO HAVE THE POWER AND DUTY TO:
   23    (A) APPROVE STANDARDS, POLICIES, AND OBJECTIVES PROPOSED BY THE SUPER-
   24  INTENDENT  DIRECTLY  RELATED  TO  EDUCATIONAL  ACHIEVEMENT  AND  STUDENT
   25  PERFORMANCE;
   26    (B)  APPROVE  ANY OTHER STANDARDS, POLICIES, AND OBJECTIVES AS SPECIF-
   27  ICALLY AUTHORIZED OR REQUIRED BY FEDERAL OR STATE LAW OR REGULATION;
   28    (C) APPROVE A PROTOCOL DEVELOPED BY  THE  SUPERINTENDENT  RELATING  TO
   29  SCHOOL  CLOSURES PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
   30  THIS ARTICLE;
   31    (D) APPROVE A  PROCUREMENT  POLICY  DEVELOPED  BY  THE  SUPERINTENDENT
   32  PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE;
   33    (E)  APPROVE  THE  PURCHASE  OF  SUCH  APPARATUS, MAPS, GLOBES, BOOKS,
   34  FURNITURE AND OTHER EQUIPMENT AND SUPPLIES AS MAY BE NECESSARY  FOR  THE
   35  PROPER  AND  EFFICIENT  MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL,
   36  SOCIAL AND RECREATIONAL ACTIVITIES AND PROGRAMS IN THE CITY DISTRICT;
   37    (F) APPROVE A PLAN DEVELOPED BY THE SUPERINTENDENT TO ENSURE THAT  ALL
   38  INSTRUCTIONAL  MATERIALS  TO  BE USED IN THE SCHOOLS OF THE DISTRICT ARE
   39  AVAILABLE IN A USABLE ALTERNATIVE FORMAT FOR EACH STUDENT WITH  A  DISA-
   40  BILITY,  AS  DEFINED  IN SECTION FORTY-FOUR HUNDRED ONE OF THIS CHAPTER,
   41  AND FOR EACH STUDENT WHO IS A QUALIFIED INDIVIDUAL WITH A DISABILITY  AS
   42  DEFINED  IN  THE REHABILITATION ACT OF NINETEEN HUNDRED NINETY-THREE (29
   43  U.S.C. 701), AS AMENDED, IN ACCORDANCE WITH HIS OR HER EDUCATIONAL NEEDS
   44  AND COURSE SELECTION, AT THE SAME TIME AS SUCH  INSTRUCTIONAL  MATERIALS
   45  ARE AVAILABLE TO NON-DISABLED STUDENTS. AS PART OF SUCH PLAN, THE SUPER-
   46  INTENDENT SHALL AMEND THE CITY DISTRICT'S PROCUREMENT POLICIES TO GIVE A
   47  PREFERENCE  IN  THE  PURCHASE  OF INSTRUCTIONAL MATERIALS TO VENDORS WHO
   48  AGREE TO PROVIDE MATERIALS IN ALTERNATIVE FORMATS. FOR PURPOSES OF  THIS
   49  SUBDIVISION,  "ALTERNATIVE  FORMAT"  SHALL MEAN ANY MEDIUM OR FORMAT FOR
   50  THE PRESENTATION OF INSTRUCTIONAL MATERIALS, OTHER  THAN  A  TRADITIONAL
   51  PRINT  TEXTBOOK,  THAT  IS  NEEDED  AS  AN  ACCOMMODATION FOR A DISABLED
   52  STUDENT ENROLLED IN THE SCHOOL DISTRICT, INCLUDING BUT  NOT  LIMITED  TO
   53  BRAILLE, LARGE PRINT, OPEN AND CLOSED CAPTIONED, AUDIO, OR AN ELECTRONIC
   54  FILE IN AN APPROVED FORMAT, AS DEFINED IN THE REGULATIONS OF THE COMMIS-
   55  SIONER.  WHEN AN ELECTRONIC FILE IS PROVIDED, THE PLAN SHALL SPECIFY HOW
   56  THE  FORMAT  WILL  BE ACCESSED BY STUDENTS AND/OR HOW THE DISTRICT SHALL
       S. 5715                             4
    1  CONVERT TO AN ACCESSIBLE FORMAT. SUCH PLAN SHALL IDENTIFY THE  NEEDS  OF
    2  STUDENTS RESIDING IN THE DISTRICT FOR ALTERNATIVE FORMAT MATERIALS. SUCH
    3  PLAN  SHALL  ALSO  SPECIFY ORDERING TIMELINES TO ENSURE THAT ALTERNATIVE
    4  FORMAT  MATERIALS ARE AVAILABLE AT THE SAME TIME AS REGULAR FORMAT MATE-
    5  RIALS.   SUCH PLANS SHALL INCLUDE PROCEDURES  TO  ADDRESS  THE  NEED  TO
    6  OBTAIN  MATERIALS  IN  ALTERNATIVE  FORMAT  WITHOUT  DELAY  FOR DISABLED
    7  STUDENTS WHO MOVE INTO THE SCHOOL DISTRICT DURING THE SCHOOL YEAR;
    8    (G) APPROVE THE ESTABLISHMENT OF SUCH FREE  ELEMENTARY  SCHOOLS,  HIGH
    9  SCHOOLS,  COMMUNITY SCHOOLS, TRAINING SCHOOLS, VOCATIONAL AND INDUSTRIAL
   10  SCHOOLS,  KINDERGARTENS,  NURSERY  SCHOOLS,  TECHNICAL  SCHOOLS,   NIGHT
   11  SCHOOLS,  PART-TIME  OR  CONTINUATION SCHOOLS, VOCATION SCHOOLS, SCHOOLS
   12  FOR ADULTS, SCHOOLS FOR PHYSICALLY OR MENTALLY HANDICAPPED OR DELINQUENT
   13  CHILDREN OR SUCH OTHER SCHOOLS OR CLASSES AS  THE  SUPERINTENDENT  SHALL
   14  DEEM NECESSARY TO MEET THE NEEDS AND DEMANDS OF THE CITY;
   15    (H) AUTHORIZE THE GENERAL COURSES OF STUDY WHICH SHALL BE GIVEN IN THE
   16  SCHOOLS  AND  TO  APPROVE THE CONTENT OF SUCH COURSES BEFORE THEY BECOME
   17  OPERATIVE;
   18    (I) AUTHORIZE AND APPROVE THE TEXTBOOKS TO  BE  USED  IN  THE  SCHOOLS
   19  UNDER ITS JURISDICTION;
   20    (J)  PERFORM SUCH OTHER DUTIES AND POSSESS SUCH OTHER POWERS AS MAY BE
   21  REQUIRED TO ADMINISTER THE AFFAIRS PLACED UNDER ITS CONTROL AND  MANAGE-
   22  MENT, TO EXECUTE ALL POWERS VESTED IN IT, AND TO PROMOTE THE BEST INTER-
   23  ESTS  OF  THE  STUDENTS,  SCHOOLS  AND OTHER ACTIVITIES COMMITTED TO ITS
   24  CARE;
   25    (K) APPROVE  TRANSPORTATION,  HOME-TEACHING  OR  SPECIAL  CLASSES,  AS
   26  DEFINED UNDER SECTIONS FORTY-FOUR HUNDRED ONE AND FORTY-FOUR HUNDRED TWO
   27  OF  THIS  CHAPTER  FOR PHYSICALLY OR MENTALLY HANDICAPPED AND DELINQUENT
   28  CHILDREN. SUCH TRANSPORTATION, HOME-TEACHING OR  SPECIAL  CLASSES,  WHEN
   29  PROVIDED  PURSUANT  TO  THIS  SUBDIVISION,  SHALL BE GRANTED TO ALL SUCH
   30  CHILDREN IRRESPECTIVE OF THE SCHOOL THEY LEGALLY ATTEND;
   31    (L) APPROVE ANY CONTRACT PROPOSED BY THE SUPERINTENDENT FOR THE TRANS-
   32  PORTATION OF CHILDREN TO AND FROM ANY SCHOOL OR INSTITUTION OF  LEARNING
   33  WHENEVER  IN  THE  JUDGMENT OF THE SUPERINTENDENT SUCH TRANSPORTATION IS
   34  REQUIRED BECAUSE OF THE REMOTENESS OF THE SCHOOL TO THE PUPIL OR FOR THE
   35  PROMOTION OF THE BEST INTERESTS OF SUCH CHILDREN.  ANY SUCH CONTRACT MAY
   36  BE MADE FOR A PERIOD  NOT  EXCEEDING  FIVE  YEARS,  NOTWITHSTANDING  ANY
   37  PROVISION OF STATE OR LOCAL LAW;
   38    (M)  APPROVE,  OUTSIDE THE TERRITORIAL LIMITS OF THE CITY DISTRICT BUT
   39  WITHIN THE STATE OR WITHIN AN ADJOINING STATE, THE PROVISION  OF  EDUCA-
   40  TION  FOR  CHILDREN  RESIDENT  WITHIN  THE CITY DISTRICT WHENEVER IN THE
   41  JUDGMENT OF THE BOARD, APPROVED  BY  THE  COMMISSIONER,  THE  HEALTH  OR
   42  WELFARE  OF  SUCH  CHILDREN MAKES SUCH PROVISION NECESSARY OR DESIRABLE,
   43  AND THE AVERAGE DAILY ATTENDANCE OF SUCH PUPILS SHALL BE INCLUDED IN THE
   44  AVERAGE DAILY ATTENDANCE OF SUCH DISTRICT AS CERTIFIED  TO  THE  COMMIS-
   45  SIONER IN THE REPORT OF THE BOARD;
   46    (N)  APPROVE  THE  PROCESS  DEVELOPED  BY  THE  SUPERINTENDENT FOR THE
   47  RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES  FOR  SCHOOL  PRINCI-
   48  PALS; AND
   49    (O)  APPROVE  THE  PROCESSES  DEVELOPED  BY THE SUPERINTENDENT FOR THE
   50  SELECTION OF MEMBERS TO THE COMMUNITY SCHOOLS ADVISORY COUNCILS PURSUANT
   51  TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
   52    5. THE BOARD SHALL ADOPT A POLICY PROPOSED BY THE SUPERINTENDENT  THAT
   53  PROMOTES  THE  RECRUITMENT  AND  RETENTION  OF  A  WORKFORCE AT THE CITY
   54  DISTRICT THAT CONSIDERS THE DIVERSITY  OF  THE  STUDENTS  ATTENDING  THE
   55  PUBLIC  SCHOOLS  WITHIN  THE  CITY DISTRICT. THE BOARD SHALL REVIEW AT A
   56  REGULAR PUBLIC MEETING AN ANNUAL REPORT  ISSUED  BY  THE  SUPERINTENDENT
       S. 5715                             5
    1  OUTLINING  THE  INITIATIVES  TAKEN  TO  ENHANCE  DIVERSITY AND EQUITY IN
    2  RECRUITMENT AND RETENTION AND THE IMPACTS OF  SUCH  INITIATIVES  TO  THE
    3  CITY WORKFORCE.
    4    S  2591-E.  SUPERINTENDENT OF SCHOOLS; APPOINTMENT; POWERS AND DUTIES.
    5  1. THE SUPERINTENDENT OF SCHOOLS SHALL BE APPOINTED BY THE MAYOR.    THE
    6  SUPERINTENDENT  MAY BE REMOVED BY THE APPOINTING AUTHORITY WITHOUT PRIOR
    7  APPROVAL.
    8    2. THE SUPERINTENDENT SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
    9    (A) TO BE THE CHIEF EXECUTIVE OFFICER OF THE CITY DISTRICT, AND  SHALL
   10  BE A NON-VOTING EX OFFICIO MEMBER OF THE BOARD.
   11    (B)  CONTROL  AND  OPERATE ALL PRE-KINDERGARTEN, ELEMENTARY, SECONDARY
   12  AND SPECIAL EDUCATION SCHOOLS, PROGRAMS AND SERVICES UNDER THE JURISDIC-
   13  TION OF THE CITY DISTRICT.
   14    (C)  PROMULGATE  MINIMUM  CLEAR  EDUCATIONAL   STANDARDS,   CURRICULUM
   15  REQUIREMENTS  AND FRAMEWORKS AND MANDATORY EDUCATIONAL OBJECTIVES APPLI-
   16  CABLE TO ALL SCHOOLS AND PROGRAMS  THROUGHOUT  THE  CITY  DISTRICT,  AND
   17  EXAMINE  AND  EVALUATE  PERIODICALLY  ALL SUCH SCHOOLS AND PROGRAMS WITH
   18  RESPECT TO:
   19    (I) COMPLIANCE WITH SUCH EDUCATIONAL STANDARDS AND OTHER REQUIREMENTS,
   20  AND
   21    (II) THE EDUCATIONAL EFFECTIVENESS OF SUCH SCHOOLS AND PROGRAMS, IN  A
   22  MANNER NOT INCONSISTENT WITH THE POLICIES OF THE BOARD.
   23    (D)  PREPARE  THE  CONTENT  OF  EACH COURSE OF STUDY AUTHORIZED BY THE
   24  BOARD. THE CONTENT OF EACH SUCH COURSE SHALL BE SUBMITTED TO  THE  BOARD
   25  FOR ITS APPROVAL AND, WHEN APPROVED, THE SUPERINTENDENT SHALL CAUSE SUCH
   26  COURSES OF STUDY TO BE USED IN THE GRADES, CLASSES AND SCHOOLS FOR WHICH
   27  THEY ARE AUTHORIZED.
   28    (E) PREPARE AND FILE A BUDGET ESTIMATE WITH THE BOARD OF EDUCATION FOR
   29  THE  CITY  DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-I
   30  OF THIS ARTICLE.
   31    (F) RECOMMEND SUITABLE LISTS OF TEXTBOOKS TO BE USED IN THE SCHOOLS.
   32    (G) PROMULGATE  POLICIES  ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
   33  ADMINISTRATIVE QUALIFICATIONS, PERFORMANCE RECORD CRITERIA, AND PERFORM-
   34  ANCE STANDARDS FOR THE POSITIONS OF PRINCIPAL.
   35    (H) ESTABLISH, SUBJECT TO THE APPROVAL OF THE BOARD, A PUBLICLY INCLU-
   36  SIVE  PROCESS FOR THE RECRUITMENT, SCREENING AND SELECTION OF CANDIDATES
   37  FOR SCHOOL PRINCIPALS.
   38    (I) APPOINT AND HAVE SUPERVISION AND DIRECTION OF  ASSOCIATE,  ASSIST-
   39  ANT,  AND  OTHER  SUPERINTENDENTS,  DIRECTORS,  SUPERVISORS, PRINCIPALS,
   40  TEACHERS, ATTENDANCE OFFICERS, JANITORS AND OTHER  PERSONS  EMPLOYED  IN
   41  THE MANAGEMENT OF THE SCHOOLS OR THE OTHER EDUCATIONAL ACTIVITIES OF THE
   42  CITY AUTHORIZED BY THIS ARTICLE.
   43    (J) TRANSFER TEACHERS FROM ONE SCHOOL TO ANOTHER, OR FROM ONE GRADE OF
   44  THE  COURSE  OF STUDY TO ANOTHER GRADE IN SUCH COURSE, AND TO SUSPEND AN
   45  ASSOCIATE, ASSISTANT  OR  OTHER  SUPERINTENDENT,  DIRECTOR,  SUPERVISOR,
   46  PRINCIPAL,  TEACHER  OR  OTHER  EMPLOYEE  UNTIL SUCH TIME WHEN ALL FACTS
   47  RELATING TO THE CASE SHALL BE SUBMITTED TO THE BOARD FOR  ITS  CONSIDER-
   48  ATION AND ACTION.
   49    (K) HAVE SUPERVISION AND DIRECTION OVER THE ENFORCEMENT AND OBSERVANCE
   50  OF  THE  COURSES  OF STUDY, THE EXAMINATION AND PROMOTION OF PUPILS, AND
   51  OVER ALL OTHER MATTERS PERTAINING TO  PLAYGROUNDS,  MEDICAL  INSPECTION,
   52  RECREATION  AND  SOCIAL  CENTER  WORK, LIBRARIES, LECTURES AND ALL OTHER
   53  EDUCATIONAL ACTIVITIES AND INTEREST UNDER THE MANAGEMENT, DIRECTION  AND
   54  CONTROL OF THE BOARD.
   55    (L)  PROMOTE  THE  INVOLVEMENT AND APPROPRIATE INPUT OF ALL MEMBERS OF
   56  THE SCHOOL COMMUNITY, INCLUDING  PARENTS,  TEACHERS,  AND  OTHER  SCHOOL
       S. 5715                             6
    1  PERSONNEL,   INCLUDING,   ESTABLISHING   A  PARENTS'  ASSOCIATION  OR  A
    2  PARENT-TEACHERS' ASSOCIATION IN EACH SCHOOL IN THE CITY DISTRICT.
    3    (M)  CREATE  STANDARDS,  POLICIES  AND  OBJECTIVES DIRECTLY RELATED TO
    4  MAINTAINING THE INTERNAL FISCAL INTEGRITY OF  ADMINISTRATIVE  OPERATIONS
    5  OF THE CITY DISTRICT.
    6    (N)  ESTABLISH  UNIFORM  PROCEDURES FOR RECORD KEEPING, ACCOUNTING AND
    7  REPORTING THROUGHOUT THE CITY DISTRICT, INCLUDING PUPIL RECORD  KEEPING,
    8  ACCOUNTING AND REPORTING.
    9    (O) DEVELOP, SUBJECT TO THE APPROVAL OF THE BOARD, A PROCUREMENT POLI-
   10  CY  FOR THE CITY DISTRICT, CONSISTENT WITH THE PROVISIONS OF SECTION ONE
   11  HUNDRED THREE OF THE GENERAL MUNICIPAL LAW AND MWBE GOALS, WHICH  POLICY
   12  SHALL  INCLUDE  PROVISIONS  FOR EMERGENCY PROCUREMENTS; A PLAN TO ENSURE
   13  THAT ALL INSTRUCTIONAL MATERIALS ARE AVAILABLE IN A  USABLE  ALTERNATIVE
   14  FORMAT  FOR  DISABLED  STUDENTS  PURSUANT TO SUBDIVISION FOUR OF SECTION
   15  TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTICLE; AND SHALL ALSO INCLUDE
   16  THE REQUIREMENT THAT THE BOARD MUST APPROVE ANY CONTRACT AWARDED BY  THE
   17  CITY DISTRICT OR THE SUPERINTENDENT WHERE:
   18    (I)  SUCH  CONTRACT WAS LET BY A PROCUREMENT METHOD OTHER THAN COMPET-
   19  ITIVE SEALED BIDDING, INCLUDING BUT NOT LIMITED  TO  COMPETITIVE  SEALED
   20  PROPOSALS,  OR  SOLE  SOURCE  CONTRACTS.  IN  THE  CASE OF A SOLE SOURCE
   21  CONTRACT, PRIOR TO THE SUBMISSION OF  THE  CONTRACT  FOR  APPROVAL,  THE
   22  CORPORATION  COUNSEL OF THE CITY SHALL CERTIFY THAT THE LEGAL AND PROCE-
   23  DURAL REQUISITES FOR  THE  SOLICITATION  AND  AWARD  OF  A  SOLE  SOURCE
   24  CONTRACT HAVE BEEN COMPLIED WITH;
   25    (II)  SUCH  CONTRACT  PROVIDES  FOR TECHNICAL, CONSULTANT, OR PERSONAL
   26  SERVICES;
   27    (III) THE VALUE OF  SUCH  CONTRACT  EXCEEDS,  OR  PROJECTS  AN  ANNUAL
   28  EXPENDITURE EXCEEDING, FIFTY THOUSAND DOLLARS; OR
   29    (IV)  THE  VALUE  OF  ANY CONTRACTS AWARDED TO A SINGLE ENTITY EXCEEDS
   30  FIFTY THOUSAND DOLLARS ANNUALLY.
   31    (P) PROVIDE TRANSPORTATION, HOME-TEACHING OR SPECIAL CLASSES FOR PHYS-
   32  ICALLY OR MENTALLY DISABLED AND DELINQUENT  CHILDREN.  SUCH  TRANSPORTA-
   33  TION,  HOME-TEACHING  OR SPECIAL CLASSES, WHEN PROVIDED PURSUANT TO THIS
   34  PARAGRAPH, SHALL BE GRANTED TO ALL SUCH  CHILDREN  IRRESPECTIVE  OF  THE
   35  SCHOOL THEY LEGALLY ATTEND.
   36    (Q)  ISSUE AN ANNUAL REPORT ON THE PARTICIPATION OF MINORITY AND WOMEN
   37  OWNED BUSINESS ENTERPRISES IN THE CITY DISTRICT'S PROCUREMENT PROCESS.
   38    (R) ENFORCE ALL PROVISIONS OF LAW AND ALL  POLICIES  RELATING  TO  THE
   39  MANAGEMENT OF THE SCHOOLS AND OTHER EDUCATIONAL, SOCIAL AND RECREATIONAL
   40  ACTIVITIES UNDER THE DIRECTION OF THE BOARD.
   41    (S) CREATE, ABOLISH, AND CONSOLIDATE SUCH POSITIONS, DIVISIONS, BOARDS
   42  OR  BUREAUS  AS  MAY  BE NECESSARY FOR THE PROPER AND EFFICIENT ADMINIS-
   43  TRATION OF THE CITY DISTRICT.
   44    (T) HAVE THE CARE, CUSTODY, CONTROL  AND  SAFEKEEPING  OF  ALL  SCHOOL
   45  PROPERTY  OR  OTHER PROPERTY OF THE CITY USED FOR EDUCATIONAL, SOCIAL OR
   46  RECREATIONAL WORK AND NOT SPECIFICALLY PLACED BY LAW UNDER  THE  CONTROL
   47  OF SOME OTHER BODY OR OFFICER, AND TO PRESCRIBE POLICIES FOR THE PRESER-
   48  VATION OF SUCH PROPERTY.
   49    (U)  ESTABLISH AND MAINTAIN LIBRARIES WHICH MAY BE OPEN TO THE PUBLIC,
   50  TO ORGANIZE AND MAINTAIN PUBLIC LECTURE COURSES, AND  TO  ESTABLISH  AND
   51  EQUIP PLAYGROUNDS, RECREATION CENTERS, SOCIAL CENTERS, AND READING ROOMS
   52  FROM  SUCH  FUNDS  AS  THIS  CHAPTER OR OTHER STATUTES AUTHORIZE AND THE
   53  STATE APPROPRIATES FOR SUCH PURPOSES, AND FROM SUCH OTHER FUNDS  AS  MAY
   54  BE PROVIDED THEREFOR FROM LOCAL TAXATION OR OTHER SOURCES.
   55    (V)  CONDUCT  AND  MAINTAIN SUCH EXTRA CLASSROOM ACTIVITIES, INCLUDING
   56  THE OPERATION OF CAFETERIAS OR RESTAURANT SERVICE FOR PUPILS AND  TEACH-
       S. 5715                             7
    1  ERS,  AS THE SUPERINTENDENT, FROM TIME TO TIME, SHALL DEEM PROPER.  SUCH
    2  CAFETERIAS OR RESTAURANT SERVICE MAY BE USED BY THE COMMUNITY FOR SCHOOL
    3  RELATED FUNCTIONS AND ACTIVITIES AND TO FURNISH  MEALS  TO  THE  ELDERLY
    4  RESIDENTS,  SIXTY YEARS OF AGE OR OLDER, OF THE DISTRICT.  CHARGES SHALL
    5  BE SUFFICIENT TO MEET THE DIRECT COST  OF  PREPARING  AND  SERVING  SUCH
    6  MEALS, REDUCIBLE BY AVAILABLE REIMBURSEMENTS.
    7    (W)  IN  HIS  OR  HER  DISCRETION, PURCHASE INSURANCE AGAINST PERSONAL
    8  INJURIES INCURRED BY AN AUTHORIZED PARTICIPANT  IN  A  SCHOOL  VOLUNTEER
    9  PROGRAM, INCLUDING BUT NOT LIMITED TO, THOSE AUTHORIZED PARTICIPANTS WHO
   10  ASSIST  ON  SCHOOL  BUSES,  SCHOOL  SPONSORED TRANSPORTATION TO AND FROM
   11  SCHOOL, OR ON SCHOOL SPONSORED FIELD TRIPS OR ANY OTHER SCHOOL SPONSORED
   12  ACTIVITY; PROVIDED, HOWEVER, THAT THE INJURIES WERE INCURRED  WHILE  THE
   13  AUTHORIZED PARTICIPANT WAS FUNCTIONING EITHER WITHIN THE SCOPE OF HIS OR
   14  HER AUTHORIZED VOLUNTEER DUTIES OR UNDER THE DIRECTION OF THE BOARD.
   15    (X)  WHERE  THE  DISTRICT  HAS  PROVIDED  TRANSPORTATION  TO  STUDENTS
   16  ENROLLED IN SUCH DISTRICT TO A SCHOOL SPONSORED FIELD TRIP, EXTRACURRIC-
   17  ULAR ACTIVITY OR ANY OTHER SIMILAR EVENT, PROVIDE TRANSPORTATION BACK TO
   18  EITHER THE POINT OF DEPARTURE  OR  TO  THE  APPROPRIATE  SCHOOL  IN  THE
   19  DISTRICT, UNLESS THE PARENT OR LEGAL GUARDIAN OF A STUDENT PARTICIPATING
   20  IN  SUCH  EVENT  HAS  PROVIDED  THE SCHOOL DISTRICT WITH WRITTEN NOTICE,
   21  CONSISTENT WITH DISTRICT POLICY,  AUTHORIZING  AN  ALTERNATIVE  FORM  OF
   22  RETURN  TRANSPORTATION  FOR  SUCH  STUDENT OR UNLESS INTERVENING CIRCUM-
   23  STANCES MAKE SUCH TRANSPORTATION IMPRACTICAL. IN CASES WHERE INTERVENING
   24  CIRCUMSTANCES MAKE TRANSPORTATION OF A STUDENT  BACK  TO  THE  POINT  OF
   25  DEPARTURE  OR  TO  THE APPROPRIATE SCHOOL IN THE DISTRICT IMPRACTICAL, A
   26  REPRESENTATIVE OF THE SCHOOL DISTRICT  SHALL  REMAIN  WITH  THE  STUDENT
   27  UNTIL SUCH STUDENT'S PARENT OR LEGAL GUARDIAN HAS BEEN (I) CONTACTED AND
   28  INFORMED OF THE INTERVENING CIRCUMSTANCES WHICH MAKE SUCH TRANSPORTATION
   29  IMPRACTICAL  AND  (II)  SUCH  STUDENT  HAD  BEEN DELIVERED TO HIS OR HER
   30  PARENT OR LEGAL GUARDIAN.
   31    (Y) QUARTERLY, PREPARE A SCHOOL DISTRICT  REPORT  CARD  IN  ACCORDANCE
   32  WITH  SUBDIVISION  TWENTY-FOUR OF SECTION TWENTY-FIVE HUNDRED FIFTY-FOUR
   33  OF THIS TITLE TO BE SUBMITTED TO THE MAYOR, THE BOARD OF EDUCATION,  THE
   34  TEMPORARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE
   35  GOVERNOR AND SUCH REPORT CARD SHALL BE PUBLICLY  AVAILABLE  THROUGH  THE
   36  CITY SCHOOL DISTRICT WEBSITE FOR THE COMMUNITY TO REVIEW.
   37    (Z) IN HIS OR HER DISCRETION, TO PROVIDE UNDER A GROUP INSURANCE POLI-
   38  CY  OR  POLICIES  ISSUED BY ANY INSURANCE COMPANY OR INSURANCE COMPANIES
   39  AUTHORIZED TO DO BUSINESS IN THIS STATE OR UNDER A GROUP CONTRACT ISSUED
   40  BY ONE OR MORE CORPORATIONS SUBJECT TO ARTICLE FORTY-THREE OF THE INSUR-
   41  ANCE LAW, LIFE INSURANCE OR ACCIDENT AND HEALTH  INSURANCE  BENEFITS  OR
   42  MEDICAL AND SURGICAL BENEFITS OR HOSPITAL SERVICE BENEFITS OR ANY TWO OR
   43  MORE  OF  SUCH  KINDS OF BENEFITS TO TEACHERS AND OTHER EMPLOYEES OF THE
   44  SCHOOL DISTRICT WHO PARTICIPATE IN  A  PLAN  OR  PLANS,  AS  HEREINAFTER
   45  PROVIDED. THE DISBURSING OFFICER OF THE SCHOOL DISTRICT IS AUTHORIZED TO
   46  DEDUCT  FROM  THE  SALARY  OF  SUCH  PARTICIPANT  WITH  HIS OR HER PRIOR
   47  CONSENT, IN WRITING, THE SUMS REPRESENTING THE  PARTICIPANT'S  SHARE  OF
   48  THE PREMIUM OR PREMIUMS WHICH ARE PAYABLE BY SUCH OFFICER TO SUCH INSUR-
   49  ANCE  COMPANY  OR  CORPORATION.  THE SUPERINTENDENT IS AUTHORIZED TO PAY
   50  FROM SUCH MONEYS AS ARE AVAILABLE FOR THE PURPOSE, A SHARE OF  THE  COST
   51  OF  SUCH  BENEFIT  OR  BENEFITS IN SUCH AMOUNT AS IS REQUIRED TO BE PAID
   52  UNDER SUCH GROUP INSURANCE POLICY  OR  POLICIES  OR  GROUP  CONTRACT  OR
   53  CONTRACTS  BY  THE  BOARD, AS EMPLOYER. THE SUM TO BE PAID BY THE SUPER-
   54  INTENDENT UNDER SUCH POLICY OR POLICIES OR CONTRACT OR CONTRACTS, IN THE
   55  DISCRETION OF THE SUPERINTENDENT, MAY BE ANY  PERCENTAGE  OF  THE  TOTAL
   56  COST OF THE BENEFIT OR BENEFITS INCLUDING THE WHOLE THEREOF.
       S. 5715                             8
    1    (AA) DEVELOP A PROCESS, TO BE APPROVED BY THE BOARD, FOR THE SELECTION
    2  OF  MEMBERS  TO  THE  COMMUNITY  SCHOOLS  ADVISORY  COUNCILS PURSUANT TO
    3  SECTION TWENTY-FIVE HUNDRED NINETY-ONE-F OF THIS ARTICLE.
    4    3. NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW TO THE CONTRARY, PUBLIC
    5  SCHOOLS  WITHIN  THE  CITY  DISTRICT  SHALL  BE  CLOSED  PURSUANT TO THE
    6  REQUIREMENTS OF THIS SUBDIVISION.
    7    (A) THE SUPERINTENDENT SHALL DEVELOP A PROTOCOL  FOR  SCHOOL  CLOSURES
    8  THAT  SHALL  BE  APPROVED BY THE BOARD OF EDUCATION. SUCH PROTOCOL SHALL
    9  INCLUDE THE ESTABLISHMENT OF QUANTIFIABLE  STANDARDS  AND  CRITERIA  FOR
   10  EVERY PROPOSED SCHOOL CLOSURE THAT ADDRESS:
   11    (I)  THE SCHOOL'S ACADEMIC PERFORMANCE, INCLUDING STANDARDS AND CRITE-
   12  RIA TO IDENTIFY FOR CLOSURE THE PERSISTENTLY LOWEST-ACHIEVING SCHOOLS IN
   13  THE CITY SCHOOL DISTRICT THAT TAKE INTO ACCOUNT STUDENT  PERFORMANCE  ON
   14  EXISTING STATE ASSESSMENTS AND GRADUATION RATES;
   15    (II)  THE  SCHOOL'S  RESPONSIVENESS  TO PREVIOUS SCHOOL IMPROVEMENT OR
   16  TURNAROUND EFFORTS; AND
   17    (III) THE CURRENT AND  PROJECTED  PUPIL  ENROLLMENT  OF  THE  AFFECTED
   18  SCHOOL AND THE PROSPECTIVE NEED FOR SUCH SCHOOL BUILDING.
   19    (B)  THE  SUPERINTENDENT  SHALL PREPARE A SCHOOL CLOSURE PLAN FOR EACH
   20  PROPOSED CLOSURE BASED ON THE PROTOCOL ESTABLISHED PURSUANT TO PARAGRAPH
   21  (A) OF THIS SUBDIVISION THAT SHALL INCLUDE THE FOLLOWING INFORMATION:
   22    (I) THE RAMIFICATIONS OF  SUCH  SCHOOL  CLOSURE  UPON  THE  COMMUNITY,
   23  INITIAL COSTS AND SAVINGS RESULTING FROM SUCH SCHOOL CLOSURE, THE POTEN-
   24  TIAL DISPOSABILITY OF ANY CLOSED SCHOOL;
   25    (II)  THE  IMPACTS  OF  THE  PROPOSED  SCHOOL  CLOSURE TO ANY AFFECTED
   26  STUDENTS AND THE ABILITY OF OTHER SCHOOLS IN THE AFFECTED  COMMUNITY  TO
   27  ACCOMMODATE PUPILS FOLLOWING THE SCHOOL CLOSURE;
   28    (III) AN OUTLINE OF ANY PROPOSED OR POTENTIAL USE OF THE SCHOOL BUILD-
   29  ING FOR OTHER EDUCATIONAL PROGRAMS OR ADMINISTRATIVE SERVICES;
   30    (IV)  THE  EFFECT OF SUCH SCHOOL CLOSURE ON PERSONNEL NEEDS, THE COSTS
   31  OF  INSTRUCTION,  ADMINISTRATION,  TRANSPORTATION,  AND  OTHER   SUPPORT
   32  SERVICES; AND
   33    (V)  THE  TYPE,  AGE,  AND PHYSICAL CONDITION OF SUCH SCHOOL BUILDING,
   34  MAINTENANCE, AND ENERGY COSTS, RECENT OR PLANNED  IMPROVEMENTS  TO  SUCH
   35  SCHOOL BUILDING, AND SUCH BUILDING'S SPECIAL FEATURES.
   36    (C) SUCH SCHOOL CLOSURE PLAN SHALL BE MADE PUBLICLY AVAILABLE, INCLUD-
   37  ING  VIA  THE BOARD OF EDUCATION'S OFFICIAL INTERNET WEBSITE, AND A COPY
   38  SHALL ALSO BE FILED WITH THE AFFECTED COMMUNITY SCHOOLS ADVISORY COUNCIL
   39  AT LEAST SIX MONTHS IN ADVANCE  OF  THE  FIRST  DAY  OF  SCHOOL  IN  THE
   40  SUCCEEDING SCHOOL YEAR.
   41    (D) WITHIN SIXTY DAYS FOLLOWING THE FILING OF THE SCHOOL CLOSURE PLAN,
   42  THE  SUPERINTENDENT  SHALL HOLD A JOINT PUBLIC HEARING WITH THE IMPACTED
   43  COMMUNITY SCHOOLS ADVISORY COUNCIL AT THE SCHOOL THAT IS SUBJECT TO  THE
   44  PROPOSED  SCHOOL  CLOSING,  AND  SHALL  ALLOW  ALL INTERESTED PARTIES AN
   45  OPPORTUNITY TO PRESENT  COMMENTS  OR  CONCERNS  REGARDING  THE  PROPOSED
   46  SCHOOL  CLOSING.  THE  SUPERINTENDENT  SHALL  ENSURE THAT NOTICE OF SUCH
   47  JOINT HEARING IS WIDELY AND CONSPICUOUSLY POSTED IN  SUCH  A  MANNER  TO
   48  MAXIMIZE THE NUMBER OF AFFECTED INDIVIDUALS THAT RECEIVE NOTICE, INCLUD-
   49  ING  PROVIDING  NOTICE  TO AFFECTED PARENTS AND STUDENTS AND THE ELECTED
   50  STATE AND LOCAL OFFICIALS WHO REPRESENT THE AFFECTED COMMUNITIES.
   51    (E) THE SUPERINTENDENT SHALL RENDER A DECISION ON ALL PROPOSED  SCHOOL
   52  CLOSURES;  PROVIDED,  HOWEVER,  A  SCHOOL  CLOSURE SHALL NOT TAKE EFFECT
   53  UNTIL ALL THE PROVISIONS OF THIS SUBDIVISION HAVE BEEN SATISFIED AND THE
   54  SCHOOL YEAR IN WHICH THE DECISION TO CLOSE SUCH  SCHOOL  WAS  MADE,  HAS
   55  ENDED.
       S. 5715                             9
    1    4. THE SUPERINTENDENT SHALL REQUIRE, FOR PURPOSES OF A CRIMINAL HISTO-
    2  RY  RECORD CHECK, THE FINGERPRINTING OF ALL PROSPECTIVE EMPLOYEES PURSU-
    3  ANT TO SECTION THREE THOUSAND THIRTY-FIVE OF THIS CHAPTER,  WHO  DO  NOT
    4  HOLD  VALID  CLEARANCE  PURSUANT  TO SUCH SECTION OR PURSUANT TO SECTION
    5  THREE THOUSAND FOUR-B OF THIS CHAPTER OR SECTION FIVE HUNDRED NINE-CC OR
    6  TWELVE  HUNDRED  TWENTY-NINE-D OF THE VEHICLE AND TRAFFIC LAW IN ACCORD-
    7  ANCE  WITH  THE  PROVISIONS  OF  SUBDIVISION  TWENTY-FIVE   OF   SECTION
    8  TWENTY-FIVE HUNDRED FIFTY-FOUR OF THIS TITLE.
    9    5.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO AUTHORIZE THE SUPER-
   10  INTENDENT TO BE OR ACT AS A CHARTER ENTITY PURSUANT TO ARTICLE FIFTY-SIX
   11  OF THIS TITLE.
   12    S 2591-F. COMMUNITY SCHOOLS ADVISORY COUNCILS; COMPOSITION; POWERS AND
   13  DUTIES. 1. (A) THERE SHALL BE ESTABLISHED A COMMUNITY  SCHOOLS  ADVISORY
   14  COUNCIL.  THE  COUNCIL SHALL CONSIST OF AT LEAST SIX VOTING MEMBERS, ONE
   15  FROM EACH CITY SCHOOL SUBDISTRICT, WHO:
   16    (I) SHALL BE A RESIDENT OF THE CITY DISTRICT;
   17    (II) SHALL BE AN ELIGIBLE VOTER  PURSUANT  TO  SECTION  5-102  OF  THE
   18  ELECTION LAW;
   19    (III) MAY BE A PARENT OF A CHILD ATTENDING A SCHOOL LOCATED WITHIN THE
   20  COUNCIL  DISTRICT  AND  SELECTED  BY  THE PRESIDENTS AND OFFICERS OF THE
   21  PARENTS'  ASSOCIATIONS  OR  PARENT-TEACHERS'  ASSOCIATIONS  OF   SCHOOLS
   22  LOCATED IN THE CITY SCHOOL SUBDISTRICT;
   23    (IV) MAY BE A TEACHER WITHIN THE CITY SCHOOL SUBDISTRICT; AND
   24    (V) MAY BE A COMMUNITY LEADER IN A NON-ELECTED ROLE.
   25    (B)  SUCH MEMBERS SHALL SERVE FOR A TERM OF TWO YEARS AND SHALL NOT BE
   26  PAID A SALARY OR STIPEND, BUT SHALL BE REIMBURSED  FOR  ALL  ACTUAL  AND
   27  NECESSARY EXPENSES AT THE DISCRETION OF THE BOARD OF EDUCATION.
   28    2. (A) THE SUPERINTENDENT SHALL:
   29    (I) DEVELOP SELECTION PROCEDURES TO BE APPROVED BY THE BOARD FOR ADVI-
   30  SORY  COUNCIL  MEMBERS  WHICH,  TO  THE  MAXIMUM  EXTENT POSSIBLE, SHALL
   31  ATTEMPT TO ENSURE A MEMBERSHIP THAT REFLECTS A REPRESENTATIVE CROSS-SEC-
   32  TION OF THE COMMUNITIES WITHIN THE CITY SCHOOL SUBDISTRICT AND DIVERSITY
   33  OF THE STUDENT POPULATION INCLUDING THOSE  WITH  PARTICULAR  EDUCATIONAL
   34  NEEDS;
   35    (II) REQUIRE FINANCIAL DISCLOSURE BY THE APPOINTEES;
   36    (III)  ESTABLISH  POLICIES  PROHIBITING  POLITICAL ENDORSEMENTS OF AND
   37  CAMPAIGN CONTRIBUTIONS TO NOMINEES; AND
   38    (IV) BEGINNING IN SEPTEMBER OF EACH SCHOOL YEAR AND  CONTINUING  UNTIL
   39  THE   DATE  OF  SELECTION,  ENSURE  THE  DISTRIBUTION  OF  INFORMATIONAL
   40  PAMPHLETS TO PARENTS AND ADDITIONAL INFORMATION REGARDING ADVISORY COUN-
   41  CIL ROLES, FUNCTIONS, AND ACTIVITIES, INCLUDING UPCOMING PARENTS'  ASSO-
   42  CIATION  AND  PARENT-TEACHERS' ASSOCIATION ELECTIONS, CANDIDATE INFORMA-
   43  TION, AND THE NATURE OF THE SELECTION PROCESS.
   44    (B) THE ADVISORY COUNCIL MEMBERS SHALL BE CHOSEN  BY  THE  SUPERINTEN-
   45  DENT.
   46    (C)  THE  ADVISORY  COUNCIL  SHALL SELECT ONE OF ITS VOTING MEMBERS TO
   47  SERVE AS CHAIR, AND SHALL ALSO APPOINT, FROM AMONG ITS MEMBERS, A SECRE-
   48  TARY, WHO SHALL PERFORM THE FOLLOWING FUNCTIONS:
   49    (I) PREPARE MEETING NOTICES, AGENDAS AND MINUTES;
   50    (II) RECORD AND MAINTAIN ACCOUNTS OF PROCEEDINGS  AND  OTHER  ADVISORY
   51  COUNCIL MEETINGS; AND
   52    (III) PREPARE BRIEFING MATERIALS AND OTHER RELATED INFORMATIONAL MATE-
   53  RIALS FOR SUCH MEETINGS.
   54    3.  (A)  NO  PERSON  SHALL  BE ELIGIBLE FOR MEMBERSHIP ON THE ADVISORY
   55  COUNCIL IF HE OR SHE HOLDS ANY ELECTIVE PUBLIC OFFICE OR ANY ELECTIVE OR
   56  APPOINTED PARTY POSITION EXCEPT THAT OF DELEGATE OR  ALTERNATE  DELEGATE
       S. 5715                            10
    1  TO A NATIONAL, STATE, JUDICIAL OR OTHER PARTY CONVENTION, OR MEMBER OF A
    2  COUNTY COMMITTEE.
    3    (B)  A  PERSON  SHALL BE PERMANENTLY INELIGIBLE FOR APPOINTMENT TO THE
    4  ADVISORY COUNCIL IF ANY OF THE FOLLOWING APPLIES TO THEM:
    5    (I) AN ACT OF MALFEASANCE DIRECTLY RELATED TO HIS OR  HER  SERVICE  ON
    6  THE ADVISORY COUNCIL; OR
    7    (II)  CONVICTION  OF A CRIME, IF SUCH CRIME IS DIRECTLY RELATED TO HIS
    8  OR HER SERVICE ON THE ADVISORY COUNCIL.
    9    (C) VACANCIES SHALL BE FILLED BY THE SUPERINTENDENT FOR  AN  UNEXPIRED
   10  TERM.
   11    4.  THE  ADVISORY  COUNCIL  SHALL HAVE THE FOLLOWING POWERS AND DUTIES
   12  WITH RESPECT TO ALL PRE-KINDERGARTEN, PRIMARY, COMMUNITY  AND  SECONDARY
   13  SCHOOLS AND PROGRAMS IN THE COUNCIL DISTRICT. THE ADVISORY COUNCIL SHALL
   14  HAVE  NO EXECUTIVE OR ADMINISTRATIVE POWERS OR FUNCTIONS, BUT SHALL HAVE
   15  THE FOLLOWING POWERS AND DUTIES:
   16    (A) PROMOTE ACHIEVEMENT OF EDUCATIONAL STANDARDS, A CULTURALLY  COMPE-
   17  TENT ENVIRONMENT AND OBJECTIVES RELATING TO THE INSTRUCTION OF STUDENTS.
   18    (B)  REVIEW, CONDUCT PUBLIC HEARINGS AND COMMENT ON THE ITEMIZED ESTI-
   19  MATE PREPARED BY THE  SUPERINTENDENT  PURSUANT  TO  SECTION  TWENTY-FIVE
   20  HUNDRED NINETY-ONE-I OF THIS ARTICLE AND SUBMIT ANY COMMENTS OR TESTIMO-
   21  NY BY THE PUBLIC TO THE SUPERINTENDENT.
   22    (C)  CONDUCT  A JOINT PUBLIC HEARING WITH THE SUPERINTENDENT REGARDING
   23  ANY PROPOSED SCHOOL CLOSING OF ANY  PUBLIC  SCHOOL  LOCATED  WITHIN  THE
   24  COUNCIL DISTRICT PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-E OF
   25  THIS ARTICLE.
   26    (D)  CONDUCT  REGULAR  MEETINGS WITH THE SUPERINTENDENT TO DISCUSS THE
   27  CURRENT STATE OF THE SCHOOLS IN THE COUNCIL DISTRICT.
   28    (E) REVIEW THE COUNCIL  DISTRICT'S  EDUCATIONAL  PROGRAMS  AND  ASSESS
   29  THEIR EFFECT ON STUDENT ACHIEVEMENT.
   30    (F)  PROVIDE  INPUT,  AS IT DEEMS NECESSARY, TO THE SUPERINTENDENT AND
   31  THE BOARD ON MATTERS OF CONCERN TO THE CITY SCHOOL SUBDISTRICT.
   32    (G) EXAMINE THE ISSUES OF SPECIAL EDUCATION, ENGLISH LANGUAGE LEARNERS
   33  AND THE HEALTH AND MENTAL HEALTH NEEDS OF THE DISTRICT.
   34    S 2591-G. APPOINTMENT OF  TEACHERS,  ADMINISTRATORS,  SUPERVISORS  AND
   35  OTHER  EMPLOYEES.    1.  TEACHERS  AND ALL OTHER MEMBERS OF THE TEACHING
   36  STAFF OF THE CITY DISTRICT SHALL BE APPOINTED BY THE  SUPERINTENDENT  OF
   37  SCHOOLS  FOR  A  PROBATIONARY  PERIOD OF THREE YEARS, EXCEPT THAT IN THE
   38  CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY  SERVICE  AS  A  REGULAR
   39  SUBSTITUTE  FOR  A  PERIOD  OF TWO YEARS OR AS A SEASONALLY LICENSED PER
   40  SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
   41  ITY FOR A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH  THE  SAME
   42  SUBJECT  IN  DAY  SCHOOLS  ON  AN ANNUAL SALARY, THE PROBATIONARY PERIOD
   43  SHALL BE LIMITED TO ONE YEAR; PROVIDED, HOWEVER, THAT IN THE CASE  OF  A
   44  TEACHER  WHO  HAS  BEEN  APPOINTED  ON TENURE IN ANOTHER SCHOOL DISTRICT
   45  WITHIN THE STATE, THE SCHOOL DISTRICT WHERE  CURRENTLY  EMPLOYED,  OR  A
   46  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, AND WHO WAS NOT DISMISSED
   47  FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT  PURSUANT  TO
   48  SUBDIVISION  ONE OF SECTION THREE THOUSAND TWENTY-A OF THIS CHAPTER, THE
   49  PROBATIONARY PERIOD SHALL NOT EXCEED TWO YEARS. THE SERVICE OF A  PERSON
   50  APPOINTED  TO  ANY  OF  SUCH  POSITIONS  MAY BE DISCONTINUED AT ANY TIME
   51  DURING SUCH PROBATIONARY PERIOD BY THE SUPERINTENDENT OF  SCHOOLS.  EACH
   52  PERSON  WHO  IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE
   53  SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS IN WRITING NOT  LATER  THAN
   54  SIXTY DAYS IMMEDIATELY PRECEDING THE EXPIRATION OF HIS OR HER PROBATION-
   55  ARY PERIOD.  FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAP-
       S. 5715                            11
    1  TER  AND  BY  THE  REGULATIONS  OF  THE  COMMISSIONER SHALL BE CAUSE FOR
    2  REMOVAL.
    3    2.  ADMINISTRATORS,  PRINCIPALS,  DIRECTORS, SUPERVISORS AND ALL OTHER
    4  MEMBERS OF THE SUPERVISING STAFF SHALL BE APPOINTED BY  THE  SUPERINTEN-
    5  DENT  FOR  A PROBATIONARY PERIOD OF THREE YEARS. SCHOOL PRINCIPALS SHALL
    6  BE SELECTED PURSUANT TO A PUBLICLY-INCLUSIVE PROCESS  FOR  THE  RECRUIT-
    7  MENT,  SCREENING  AND SELECTION OF CANDIDATES FOR PRINCIPAL DEVELOPED BY
    8  THE SUPERINTENDENT AND APPROVED BY THE BOARD. THE SERVICE  OF  A  PERSON
    9  APPOINTED  TO  ANY  OF  SUCH  POSITIONS  MAY BE DISCONTINUED AT ANY TIME
   10  DURING THE PROBATIONARY PERIOD BY THE SUPERINTENDENT OF SCHOOLS.
   11    3. CLERKS, DRAFTSMEN, INSPECTORS, CHEMISTS, TABULATING MACHINE  OPERA-
   12  TORS,  SECRETARIES,  STENOGRAPHERS,  COPYISTS,  STATISTICIANS, JANITORS,
   13  CUSTODIANS, CUSTODIAN-ENGINEERS AND ALL OTHER  ADMINISTRATIVE  EMPLOYEES
   14  OF  THE  CITY DISTRICT, UNLESS OTHERWISE PROVIDED IN THIS CHAPTER, SHALL
   15  BE APPOINTED FOR A PROBATIONARY PERIOD PROVIDED IN THE CIVIL SERVICE LAW
   16  AND REGULATIONS BASED THEREON. THE SERVICE OF A PERSON APPOINTED TO  ANY
   17  OF  SUCH POSITIONS MAY BE DISCONTINUED BY THE SUPERINTENDENT AT ANY TIME
   18  DURING SUCH PROBATIONARY PERIOD. SUCH PERSONS WHO HAVE SERVED  THE  FULL
   19  PROBATIONARY  PERIOD  SHALL  HOLD THEIR RESPECTIVE POSITIONS DURING GOOD
   20  BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT  BE  REMOVED
   21  EXCEPT FOR CAUSE.
   22    4.  NO  PRINCIPAL, SUPERVISOR, DIRECTOR, OR TEACHER SHALL BE APPOINTED
   23  TO THE TEACHING FORCE OF A CITY  WHO  DOES  NOT  POSSESS  QUALIFICATIONS
   24  REQUIRED  UNDER THIS CHAPTER AND UNDER THE REGULATIONS PRESCRIBED BY THE
   25  COMMISSIONER FOR THE PERSONS EMPLOYED IN SUCH POSITIONS IN  THE  SCHOOLS
   26  OF  THE  CITIES OF THE STATE, BUT THE SUPERINTENDENT MAY PRESCRIBE ADDI-
   27  TIONAL OR HIGHER QUALIFICATIONS FOR THE PERSONS EMPLOYED IN ANY OF  SUCH
   28  POSITIONS.
   29    5.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, NO PERIOD IN
   30  ANY SCHOOL YEAR FOR WHICH THERE IS NO REQUIRED SERVICE AND/OR FOR  WHICH
   31  NO  COMPENSATION  IS  PROVIDED  SHALL IN ANY EVENT CONSTITUTE A BREAK OR
   32  SUSPENSION OF PROBATIONARY PERIOD OR CONTINUITY OF TENURE RIGHTS OF  ANY
   33  OF THE PERSONS DESCRIBED IN THIS SECTION.
   34    S  2591-H. SCHOOL PRINCIPALS; SELECTION PROCESS; POWERS AND DUTIES. 1.
   35  THE PRINCIPAL SHALL BE THE ADMINISTRATIVE AND  INSTRUCTIONAL  LEADER  OF
   36  THE SCHOOL.
   37    2. THE SUPERINTENDENT SHALL APPOINT A PRINCIPAL PURSUANT TO A PROCESS,
   38  WHICH  SHALL  BE APPROVED BY THE BOARD, THAT PROMOTES PARENTAL AND STAFF
   39  INVOLVEMENT IN THE RECRUITMENT, SCREENING, INTERVIEWING AND  RECOMMENDA-
   40  TION  OF CANDIDATES FOR SCHOOL PRINCIPAL. CANDIDATES MUST MEET THE LEGAL
   41  AND REGULATORY REQUIREMENTS ESTABLISHING  EDUCATIONAL,  MANAGERIAL,  AND
   42  ADMINISTRATIVE  QUALIFICATIONS, INCLUDING EVALUATION OF EACH CANDIDATE'S
   43  RECORD OF PERFORMANCE IN COMPARABLE POSITIONS.
   44    3. SUBJECT TO THE  REGULATIONS  OF  THE  COMMISSIONER  AND  APPLICABLE
   45  COLLECTIVE BARGAINING AGREEMENTS AND OBLIGATIONS, THE PRINCIPAL SHALL BE
   46  RESPONSIBLE  FOR  THE DAY TO DAY OPERATION OF THE SCHOOL AND SHALL CARRY
   47  OUT THE FOLLOWING DUTIES IN  CONSULTATION  WITH  PARENTS,  TEACHERS  AND
   48  OTHER STAFF:
   49    (A)  PROMOTE  AN  EQUAL  EDUCATIONAL  OPPORTUNITY  FOR STUDENTS IN THE
   50  SCHOOL,
   51    (B) (I) SURVEY THE ENVIRONMENT OF THE SCHOOL AND ITS SURROUNDINGS  AND
   52  ISSUE AN ANNUAL REPORT THAT ASSESSES THE NEED FOR RESOURCES OR SERVICES,
   53  SUCH  AS  INCREASING SAFETY, IMPROVING INFRASTRUCTURE, AND OTHER CHANGES
   54  THAT COULD BE IMPLEMENTED TO IMPROVE OR ENHANCE THE QUALITY OF  LIFE  OF
   55  THE NEIGHBORHOOD WHERE THE SCHOOL IS LOCATED.
       S. 5715                            12
    1    (II)  IN  PREPARING  THE  REPORT,  THE PRINCIPAL SHALL, TO THE MAXIMUM
    2  EXTENT AS  PRACTICABLE,  SEEK  AND  CONSIDER  COMMENTS  AND  INPUT  FROM
    3  AFFECTED  STAKEHOLDERS, INCLUDING STUDENTS, TEACHERS, PARENTS, AND OTHER
    4  INTERESTED COMMUNITY MEMBERS. THE PRINCIPAL SHALL SUBMIT THE REPORT  AND
    5  RECOMMENDATIONS TO THE SUPERINTENDENT.
    6    (C)  MANAGE AND OPERATE THE SCHOOL BUILDING AND OTHER FACILITIES UNDER
    7  HIS OR HER JURISDICTION.
    8    S 2591-I. BUDGETARY AND FISCAL PROCESSES. 1.  (A)  THE  SUPERINTENDENT
    9  SHALL  PREPARE  ANNUALLY AN ITEMIZED ESTIMATE FOR THE CURRENT OR ENSUING
   10  FISCAL YEAR OF SUCH SUM OF MONEY AS HE OR SHE MAY DEEM NECESSARY FOR THE
   11  PURPOSES STATED IN THIS SECTION,  AFTER  CREDITING  THERETO  THE  AMOUNT
   12  ANTICIPATED IN THE NEXT APPORTIONMENT OF SCHOOL FUNDS FROM THE STATE AND
   13  THE  ESTIMATED AMOUNT TO BE RECEIVED FROM ALL OTHER SOURCES.  SUCH ESTI-
   14  MATE SHALL BE FILED WITH THE BOARD OF DIRECTORS.
   15    (B) SUCH ESTIMATES SHALL BE FOR THE FOLLOWING PURPOSES:
   16    (I) THE SALARY OF THE SUPERINTENDENT OF SCHOOLS, ASSOCIATE OR  ASSIST-
   17  ANT OR OTHER SUPERINTENDENTS, EXAMINERS, DIRECTORS, SUPERVISORS, PRINCI-
   18  PALS,  TEACHERS,  LECTURERS,  SPECIAL  INSTRUCTORS,  MEDICAL INSPECTORS,
   19  NURSES, ATTENDANCE OFFICERS, CLERKS, CUSTODIANS AND  JANITORS;  AND  THE
   20  SALARY,  FEES  OR  COMPENSATION  OF  ALL  OTHER  EMPLOYEES  APPOINTED OR
   21  EMPLOYED BY THE SUPERINTENDENT, INCLUDING STAFF ASSIGNED TO  THE  BOARD.
   22  IN  ADDITION, THE EXPENSES OF PERSONNEL UTILIZED TO FULFILL THE INTERNAL
   23  AUDIT FUNCTION PURSUANT TO SECTION TWENTY-ONE HUNDRED SIXTEEN-B OF  THIS
   24  TITLE.
   25    (II) THE OTHER NECESSARY INCIDENTAL AND CONTINGENT EXPENSES, INCLUDING
   26  ORDINARY  REPAIRS  TO  BUILDINGS  AND  THE  PURCHASE  OF FUEL AND LIGHT,
   27  SUPPLIES, TEXTBOOKS, SCHOOL APPARATUS, BOOKS, FURNITURE AND FIXTURES AND
   28  OTHER ARTICLES AND SERVICE NECESSARY FOR THE PROPER MAINTENANCE,  OPERA-
   29  TION AND SUPPORT OF THE SCHOOLS, LIBRARIES AND OTHER EDUCATIONAL, SOCIAL
   30  OR RECREATIONAL AFFAIRS AND INTERESTS OF THE CITY DISTRICT.
   31    (III)  THE  REMODELING  OR ENLARGING OF BUILDINGS REQUIRED BY THE CITY
   32  DISTRICT, THE CONSTRUCTION OF NEW BUILDINGS FOR USES AUTHORIZED BY  THIS
   33  CHAPTER  AND  THE FURNISHING AND EQUIPMENT THEREOF, THE PURCHASE OF REAL
   34  PROPERTY FOR NEW SITES,  ADDITIONS  TO  PRESENT  SITES,  PLAYGROUNDS  OR
   35  RECREATION CENTERS AND OTHER EDUCATIONAL OR SOCIAL PURPOSES, AND TO MEET
   36  ANY  OTHER  INDEBTEDNESS  OR  LIABILITY INCURRED UNDER THE PROVISIONS OF
   37  THIS CHAPTER OR OTHER STATUTES, OR ANY OTHER EXPENSES WHICH THE BOARD IS
   38  AUTHORIZED TO INCUR. NOTHING CONTAINED IN THIS CHAPTER SHALL PREVENT THE
   39  FINANCING, IN WHOLE OR IN PART, OF ANY EXPENDITURE  ENUMERATED  IN  THIS
   40  SUBDIVISION PURSUANT TO THE LOCAL FINANCE LAW.
   41    2. (A) FOR THE PURPOSES OF THIS SUBDIVISION, THE TERMS:
   42    (I)  "CITY FUNDS" SHALL MEAN FUNDS OF THE CITY OF BUFFALO DERIVED FROM
   43  ANY SOURCE EXCEPT FUNDS CONTAINED WITHIN THE CAPITAL BUDGET, FUNDS  FROM
   44  COUNTY  SALES TAX REVENUES SHARED WITH SUCH CITY, FUNDS DERIVED FROM ANY
   45  FEDERAL SOURCE AND FUNDS DERIVED FROM ANY STATE OR PRIVATE SOURCES  OVER
   46  WHICH  THE  CITY  HAS  NO  DISCRETION,  AS DEFINED IN REGULATIONS OF THE
   47  COMMISSIONER AND APPROVED BY THE DIRECTOR OF THE BUDGET.
   48    (II) "CITY AMOUNT" SHALL MEAN THE TOTAL AMOUNT OF EXPENDITURES  FUNDED
   49  BY  CITY  FUNDS FOR THE SUPPORT OF THE CITY DISTRICT, NOT INCLUDING CITY
   50  PAYMENTS TO BOND OR NOTE HOLDERS  FOR  DEBT  SERVICE  PAYMENTS  OF  SUCH
   51  DISTRICT, AS CONTAINED WITHIN THE BUDGET AS ADOPTED BY SUCH CITY.
   52    (III) "BASE YEAR" SHALL MEAN THE FISCAL YEAR IMMEDIATELY PRECEDING THE
   53  FISCAL  YEAR  FOR  WHICH  THE BUDGET REFERRED TO IN SUBPARAGRAPH (II) OF
   54  THIS PARAGRAPH IS ADOPTED.  THE INITIAL BASE YEAR SHALL  BE  THE  FISCAL
   55  YEAR ENDING JUNE THIRTIETH, TWO THOUSAND FIFTEEN.
       S. 5715                            13
    1    (B)  THE  CITY AMOUNT SHALL NOT BE LESS THAN THE CITY AMOUNT APPROPRI-
    2  ATED IN THE BASE YEAR DETERMINED AT THE TIME OF ADOPTION OF  THE  BUDGET
    3  FOR  THE ENSUING FISCAL YEAR, AND SHALL NOT BE LESS THAN THE CITY AMOUNT
    4  EXPENDED IN THE BASE YEAR DETERMINED AS OF THE END OF THE  SCHOOL  YEAR.
    5  PROVIDED,  HOWEVER,  IN  THE EVENT THE TOTAL AMOUNT OF CITY FUNDS RELIED
    6  UPON TO BALANCE SUCH BUDGET IS LOWER THAN THE TOTAL AMOUNT OF CITY FUNDS
    7  APPROPRIATED IN THE BASE YEAR, AS DETERMINED AT THE TIME OF ADOPTION  OF
    8  SUCH BUDGET, THE CITY AMOUNT MAY BE REDUCED BY UP TO THE SAME PERCENTAGE
    9  AS  THE  OVERALL PERCENTAGE DECREASE IN CITY FUNDS BETWEEN THE BASE YEAR
   10  AND THE ENSUING FISCAL YEAR. THE CITY SHALL NOT USE OR  SPEND  THE  CITY
   11  AMOUNT  FOR  ANY  PURPOSES  OTHER  THAN  IN  DIRECT  SUPPORT OF THE CITY
   12  DISTRICT.
   13    (C) THE SCHOOL DISTRICT AUDIT REPORT CERTIFIED TO  BY  AN  INDEPENDENT
   14  CERTIFIED  PUBLIC  ACCOUNTANT  OR  AN INDEPENDENT ACCOUNTANT PURSUANT TO
   15  SECTION TWENTY-ONE HUNDRED SIXTEEN-A OF THIS TITLE FOR THE TWO  THOUSAND
   16  FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR BUDGET AND ANNUALLY THEREAFTER
   17  SHALL INCLUDE A CERTIFICATION BY THE ACCOUNTANT, IN A FORM PRESCRIBED BY
   18  THE  COMMISSIONER UPON APPROVAL OF THE DIRECTOR OF THE BUDGET, AS TO THE
   19  CITY AMOUNT EXPENDED IN THE SCHOOL YEAR COVERED BY  SUCH  AUDIT  REPORT,
   20  THE  CITY  AMOUNT  IN  THE  PRIOR  SCHOOL YEAR, AND THAT THE CITY AMOUNT
   21  EXPENDED IN THE SCHOOL YEAR COVERED BY SUCH AUDIT REPORT IS  IN  COMPLI-
   22  ANCE WITH PARAGRAPH (B) OF THIS SUBDIVISION.
   23    3. THE SUPERINTENDENT MAY, TO MEET OR RESPOND TO EMERGENCIES WHICH MAY
   24  ARISE,  SUBMIT  A  SPECIAL  ESTIMATE  IN  WHICH  ITEMS FOR EXTRAORDINARY
   25  EXPENSES MAY BE SUBMITTED TO MEET SUCH EMERGENCIES. SUCH ESTIMATE  SHALL
   26  CONTAIN  A  COMPLETE  STATEMENT  OF THE PURPOSES FOR WHICH THE ITEMS ARE
   27  REQUESTED AND THE NECESSITY THEREFOR. THE SAME METHOD OF PROCEDURE SHALL
   28  BE FOLLOWED IN SUBMITTING SUCH  ESTIMATE  AND  SUCH  ESTIMATE  SHALL  BE
   29  SUBJECT  TO  THE  SAME  CONSIDERATION  AND  ACTION AS IS REQUIRED IN THE
   30  SUBMISSION, CONSIDERATION AND ACTION UPON THE  REGULAR  ANNUAL  ESTIMATE
   31  SUBMITTED  BY THE SUPERINTENDENT. THE COMMON COUNCIL SHALL HAVE POWER TO
   32  MAKE THE APPROPRIATIONS REQUESTED BY THE SUPERINTENDENT IN SUCH  SPECIAL
   33  ESTIMATE.
   34    4.  THE  BOARD  SHALL  NOT  INCUR A LIABILITY OR AN EXPENSE CHARGEABLE
   35  AGAINST THE FUNDS UNDER ITS CONTROL OR  THE  CITY  FOR  ANY  PURPOSE  IN
   36  EXCESS  OF  THE  AMOUNT  APPROPRIATED OR AVAILABLE THEREFOR OR OTHERWISE
   37  AUTHORIZED BY LAW.
   38    S 2591-J. CUSTODY AND DISBURSEMENT OF FUNDS. 1. PUBLIC  MONEYS  APPOR-
   39  TIONED TO THE CITY BY THE STATE AND ALL FUNDS RAISED OR COLLECTED BY THE
   40  AUTHORITIES  IN  THE CITY FOR SCHOOL PURPOSES OR TO BE USED BY THE BOARD
   41  FOR ANY PURPOSE AUTHORIZED IN THIS ARTICLE, OR ANY OTHER FUNDS BELONGING
   42  TO THE  CITY  AND  RECEIVED  FROM  ANY  SOURCE  WHATSOEVER  FOR  SIMILAR
   43  PURPOSES,  SHALL  BE  PAID  INTO  THE TREASURY OF SUCH CITY AND SHALL BE
   44  CREDITED TO THE BOARD. THE FUNDS SO RECEIVED INTO SUCH TREASURY SHALL BE
   45  KEPT SEPARATE AND DISTINCT FROM ANY OTHER FUNDS RECEIVED INTO  THE  SAID
   46  TREASURY.  THE  OFFICER  HAVING THE CHARGE THEREOF SHALL GIVE SUCH ADDI-
   47  TIONAL SECURITY FOR THE SAFE CUSTODY THEREOF AS THE  CORPORATE  AUTHORI-
   48  TIES OF SUCH CITY SHALL REQUIRE.
   49    2.  SUCH FUNDS SHALL BE DISBURSED BY AUTHORITY OF THE BOARD UPON WRIT-
   50  TEN ORDERS DRAWN ON THE CITY TREASURER OR OTHER FISCAL  OFFICER  OF  THE
   51  CITY.  SUCH  ORDERS SHALL BE SIGNED BY THE SUPERINTENDENT OF SCHOOLS AND
   52  THE CLAIMS AUDITOR. ORDERS SHALL BE  NUMBERED  CONSECUTIVELY  AND  SHALL
   53  SPECIFY  THE  PURPOSE  FOR WHICH THEY ARE DRAWN AND THE PERSON OR CORPO-
   54  RATION TO WHOM THEY ARE PAYABLE. THE CLAIMS AUDITOR  SHALL  ENSURE  THAT
   55  ORDERS  COMPLY  WITH THE APPROPRIATE POLICIES AND PROCEDURES OF THE CITY
   56  SCHOOL DISTRICT PRIOR  TO  APPROVAL  FOR  PAYMENT,  INCLUDING  WITH  THE
       S. 5715                            14
    1  PROCUREMENT  POLICY  PROPOSED  BY THE SUPERINTENDENT PURSUANT TO SECTION
    2  TWENTY-FIVE HUNDRED NINETY-ONE-E OF THIS ARTICLE  AND  APPROVED  BY  THE
    3  BOARD PURSUANT TO SECTION TWENTY-FIVE HUNDRED NINETY-ONE-D OF THIS ARTI-
    4  CLE.  CLAIMS  AGAINST THE CITY SCHOOL DISTRICT SHALL NOT BE PAID WITHOUT
    5  PRIOR AUDIT AND APPROVAL BY THE CLAIMS AUDITOR.
    6    3. FIXED SALARIES, PRINCIPAL  OF  AND  INTEREST  ON  INDEBTEDNESS  AND
    7  AMOUNTS  BECOMING  DUE  UPON  LAWFUL CONTRACTS FOR PERIODS EXCEEDING ONE
    8  YEAR MAY BE DISBURSED WITHOUT PRIOR AUDIT OF THE  BOARD  OR  THE  CLAIMS
    9  AUDITOR.  BY  RESOLUTION  DULY ADOPTED, THE BOARD MAY DETERMINE TO ENTER
   10  INTO A CONTRACT TO PROVIDE FOR THE DEPOSIT OF THE  PERIODIC  PAYROLL  OF
   11  THE  SCHOOL  DISTRICT  IN A BANK OR TRUST COMPANY FOR DISBURSAL BY IT IN
   12  ACCORDANCE WITH PROVISIONS OF SECTION NINETY-SIX-B OF THE BANKING LAW.
   13    4. IT SHALL BE UNLAWFUL FOR A CITY TREASURER OR OTHER  OFFICER  HAVING
   14  THE CUSTODY OF SUCH CITY FUNDS TO PERMIT THEIR USE FOR ANY PURPOSE OTHER
   15  THAN THAT FOR WHICH THEY ARE LAWFULLY AUTHORIZED; THEY SHALL BE PAID OUT
   16  ONLY  ON  AUDIT  OF  THE CLAIMS AUDITOR OR AS OTHERWISE PROVIDED BY LAW.
   17  PAYMENTS FROM SUCH FUNDS SHALL BE MADE ONLY  BY  CHECKS  SIGNED  BY  THE
   18  TREASURER OR OTHER CUSTODIAN OF SUCH MONEYS AND PAYABLE TO THE PERSON OR
   19  PERSONS  ENTITLED  THERETO AND COUNTERSIGNED BY AN OFFICER DESIGNATED BY
   20  THE OFFICER OR BODY HAVING THE GENERAL CONTROL OF THE FINANCIAL  AFFAIRS
   21  OF  SUCH CITY.  THE BOARD SHALL MAKE, IN ADDITION TO SUCH CLASSIFICATION
   22  OF ITS FUNDS AND ACCOUNTS AS IT DESIRES FOR ITS OWN USE AND INFORMATION,
   23  SUCH FURTHER CLASSIFICATION  OF  THE  FUNDS  UNDER  ITS  MANAGEMENT  AND
   24  CONTROL  AND  OF THE DISBURSEMENTS THEREOF AS THE OFFICER OR BODY HAVING
   25  THE GENERAL CONTROL  OF  THE  FINANCIAL  AFFAIRS  OF  SUCH  CITY,  SHALL
   26  REQUIRE,  AND  SUCH  BOARD  SHALL  FURNISH SUCH DATA IN RELATION TO SUCH
   27  FUNDS AND THEIR DISBURSEMENTS AS THE FINANCIAL OFFICER OR  BODY  OF  THE
   28  CITY SHALL REQUIRE.
   29    S  3.  Section 2552 of the education law, as amended by chapter 138 of
   30  the laws of 1974, is amended to read as follows:
   31    S 2552. Board of education.  The board of education of each such  city
   32  school  district  is  hereby  continued. The educational affairs in each
   33  such city school district shall be  under  the  general  management  and
   34  control  of  a  board of education to consist of not less than three and
   35  not more than nine members, to be chosen as hereinafter provided, and to
   36  be known as members of the board of education, except that the board  of
   37  education  of  the city school district of the city of New York shall be
   38  constituted as provided in article fifty-two-A of this [chapter]  TITLE,
   39  AND  EXCEPT  FURTHER  THAT  THE  BOARD  OF  EDUCATION OF THE CITY SCHOOL
   40  DISTRICT OF THE CITY OF BUFFALO SHALL  BE  CONSTITUTED  AS  PROVIDED  IN
   41  ARTICLE  FIFTY-TWO-B  OF THIS TITLE.  The number of members on the board
   42  of education of each such city school district shall continue to  be  as
   43  follows:
   44    a. [City school district of the city of Buffalo: nine members.
   45    b.] City school district of the city of Rochester: seven members.
   46    [c.] B. City school district of the city of Syracuse: seven members.
   47    [d.] C. City school district of the city of Yonkers: nine members.
   48    S 4. Subdivisions 1, 2, 4, 5, 6 and 8 of section 2553 of the education
   49  law,  subdivision 1 as separately amended by chapters 211 and 441 of the
   50  laws of 1980, subdivisions 2, 4 and 5 as added by  chapter  242  of  the
   51  laws  of  1974,  subdivision  6 as amended by chapter 211 of the laws of
   52  1980 and subdivision 8 as amended by chapter 762 of the laws of 1950 and
   53  as renumbered by chapter 330 of the laws of 1969, are amended to read as
   54  follows:
   55    1. No person shall be eligible to the office of member of a  board  of
   56  education  who  is not a citizen of the United States, who is not quali-
       S. 5715                            15
    1  fied to register for or vote at  an  election  in  accordance  with  the
    2  provisions of section 5-106 of the election law, and who, in the case of
    3  the city school district of the city of Yonkers, has not been a resident
    4  of  the  city school district for which he OR SHE is chosen for a period
    5  of at least three years immediately preceding the date  of  his  OR  HER
    6  election  or  appointment  and  who,  [in  the  case  of the city school
    7  district of the city of Buffalo, in the case of a member to  be  elected
    8  at  large  is not a qualified voter of such city school district and who
    9  has not been a resident of such district for a period of at least  three
   10  years  immediately preceding the date of his election and in the case of
   11  a member elected from a city school subdistrict is not a qualified voter
   12  of such city school subdistrict and has not been a resident of the  city
   13  school  district  for  three  years  and  a  resident of the city school
   14  subdistrict which he represents or seeks to represent for  a  period  of
   15  one  year  immediately  preceding the date of his election, and who,] in
   16  the case of the city school district of the city of Rochester, is not  a
   17  qualified  voter  under  section  5-102 of the election law of such city
   18  school district; and who in the case of the city school district of  the
   19  city  of  Syracuse has not been a qualified voter under section 5-102 of
   20  the election law of such city school district for at least  ninety  days
   21  immediately preceding the date of his OR HER election or appointment.
   22    2.  In  the city school districts of the cities of Rochester and Syra-
   23  cuse the members of such board of  education  shall  be  chosen  by  the
   24  voters  at  large at either a general or municipal election, or at both.
   25  [In the city school district of the city of Buffalo the members of  such
   26  board  of education shall be chosen pursuant to the provisions of subdi-
   27  vision ten of this section.]
   28    4. In the city school districts of the following cities, the terms  of
   29  such members shall be as follows:
   30    a. Rochester: Four Years;
   31    b. Syracuse: Four Years;
   32    c. Yonkers: Five Years.
   33    5.  The terms of one-fifth of all the members of a board of education,
   34  or of a fraction as close to one-fifth thereof as possible, shall expire
   35  annually on the  first  Tuesday  in  May,  except  in  the  city  school
   36  districts of the cities of [Buffalo,] Rochester and Syracuse.
   37    6.  If a vacancy occurs other than by expiration of term in the office
   38  of a member of a board of education in a district in which such  members
   39  are  elected  at  a general or municipal election, such vacancy shall be
   40  filled by appointment by the mayor until the next general  or  municipal
   41  election is held, and such vacancy shall then be filled at such election
   42  for  the  unexpired portion of such term, except that in the city school
   43  district of the city of Rochester  any  such  vacancy  shall  be  filled
   44  pursuant  to  the  provisions  of  subdivision nine of this section [and
   45  except further that any such vacancy on the board of  education  of  the
   46  city  school district of the city of Buffalo shall be filled pursuant to
   47  the provisions of subdivision ten of this section].
   48    8. A member of a board of education who publicly declares that  he  OR
   49  SHE  will  not  accept or serve in the office of member of such board of
   50  education, or refuses or neglects to attend three successive meetings of
   51  such board, of which he OR SHE is duly  notified,  without  rendering  a
   52  good  and  valid  excuse  therefor to the other members of such board of
   53  education, vacates his OR HER office by refusal to serve.
   54    S 5. Subdivision 10 of section 2553 of the education law is REPEALED.
       S. 5715                            16
    1    S 6. The opening paragraph of section 2554 of the  education  law,  as
    2  amended  by  chapter  91  of  the  laws  of  2002, is amended to read as
    3  follows:
    4    Subject to the provisions of this chapter, the board of education in a
    5  city,  except  the  city  board of the city of New York AND THE BOARD OF
    6  EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF BUFFALO, shall have
    7  the power and it shall be its duty:
    8    S 7. Subdivision 2 of section 2554 of the education law, as amended by
    9  chapter 27 of the laws of 2012, is amended to read as follows:
   10    2. To create, abolish, maintain and consolidate such positions,  divi-
   11  sions,  boards  or bureaus as, in its judgment, may be necessary for the
   12  proper and efficient administration of its work;  to  appoint  a  super-
   13  intendent  of  schools,  such  associate,  assistant, district and other
   14  superintendents, examiners, directors, supervisors,  principals,  teach-
   15  ers,  lecturers,  special instructors, medical inspectors, nurses, audi-
   16  tors, attendance officers, secretaries, clerks, custodians, janitors and
   17  other employees and other persons or experts in educational,  social  or
   18  recreational  work  or  in  the  business management or direction of its
   19  affairs as said  board  shall  determine  necessary  for  the  efficient
   20  management  of  the  schools and other educational, social, recreational
   21  and business activities; provided, however,  that  in  the  city  school
   22  [districts]  DISTRICT of the [cities] CITY of [Buffalo,] Rochester[, and
   23  Syracuse] appointment of associate, assistant and  district  superinten-
   24  dents,  and  other  supervising staff who are excluded from the right to
   25  bargain collectively pursuant to article fourteen of the  civil  service
   26  law  shall,  within  the  amounts budgeted for such positions, be by the
   27  superintendent of such city school  district;  and  to  determine  their
   28  duties except as otherwise provided herein.
   29    S  8. Subdivision 2-a of section 2554 of the education law, as amended
   30  by section 16 of subpart F of part C of chapter 97 of the laws of  2011,
   31  is amended to read as follows:
   32    2-a.  a.  In  its  discretion  to  adopt a resolution establishing the
   33  office of claims auditor and appoint a claims auditor who shall hold his
   34  or her position subject to the pleasure of the board. In its discretion,
   35  the board may adopt a resolution establishing one  or  more  offices  of
   36  deputy  claims auditor who shall act as claims auditor in the absence of
   37  the claims auditor. Such claims auditor shall  report  directly  to  the
   38  board  of  education. No person shall be eligible for appointment to the
   39  office of claims auditor or deputy claims auditor who shall be
   40    (1) a member of the board of education;
   41    (2) a clerk or treasurer of the board of education;
   42    (3) the superintendent of schools or other official  of  the  district
   43  responsible for business management;
   44    (4) the person designated as purchasing agent; or
   45    (5) clerical or professional personnel directly involved in accounting
   46  and purchasing functions of the school district.
   47    b.  The  positions of claims auditor or deputy claims auditor shall be
   48  classified in the exempt class of civil service. The board of education,
   49  at any time after the establishment of the office of claims  auditor  or
   50  deputy  claims  auditor,  may  adopt a resolution abolishing the office;
   51  PROVIDED, HOWEVER, THAT THE  BOARD  OF  EDUCATION  OF  THE  CITY  SCHOOL
   52  DISTRICT OF THE CITY OF BUFFALO SHALL NOT ABOLISH SUCH OFFICE.  When the
   53  office  of claims auditor shall have been established and a claims audi-
   54  tor shall have been appointed and shall have qualified, the  powers  and
   55  duties  of  the  board  of  education with respect to auditing accounts,
   56  charges, claims or  demands  against  the  city  school  district  shall
       S. 5715                            17
    1  devolve  upon and thereafter be exercised by such claims auditor, during
    2  the continuance of the office. The board of education shall be permitted
    3  to delegate the claims audit function to one or more  independent  enti-
    4  ties  by  using (1) inter-municipal cooperative agreements, or (2) inde-
    5  pendent contractors, to fulfill this function.
    6    c. When the board of education delegates  the  claims  audit  function
    7  using  an  inter-municipal cooperative agreement, shared service author-
    8  ized by section nineteen hundred fifty of this title, or an  independent
    9  contractor,  the  board shall be responsible for auditing all claims for
   10  services from the entity providing the delegated claims auditor,  either
   11  directly or through a delegation to a different independent entity.
   12    S 9. Subdivision 1 of section 2563 of the education law, as amended by
   13  chapter 228 of the laws of 1971, is amended to read as follows:
   14    1.  The  annual  meeting  of a board of education shall be held on the
   15  second Tuesday in May, at four o'clock in the afternoon, at which  meet-
   16  ing the board shall select a president for the ensuing year, except that
   17  the  annual  meeting  of  the  board  of  education  of  the city school
   18  [district] DISTRICTS of the [city] CITIES of New York AND BUFFALO  shall
   19  be held on the first Tuesday in July.
   20    S  10.  Subdivision 6 of section 2566 of the education law, as amended
   21  by chapter 27 of the laws of 2012, is amended to read as follows:
   22    6. To have supervision and direction of associate, assistant, district
   23  and other superintendents, directors, supervisors, principals, teachers,
   24  lecturers, medical inspectors, nurses, claims  auditors,  deputy  claims
   25  auditors,  attendance  officers,  janitors and other persons employed in
   26  the management of the schools or the other educational activities of the
   27  city authorized by this chapter and under the direction  and  management
   28  of  the  board of education, except that in the city school districts of
   29  the cities of [Buffalo,] Rochester[,]  and  Syracuse  to  also  appoint,
   30  within  the  amounts  budgeted  therefor,  such associate, assistant and
   31  district  superintendents  and  all  other  supervising  staff  who  are
   32  excluded  from  the  right  to  bargain collectively pursuant to article
   33  fourteen of the civil service law; to transfer teachers from one  school
   34  to another, or from one grade of the course of study to another grade in
   35  such  course, and to report immediately such transfers to said board for
   36  its consideration and action; to  report  to  said  board  of  education
   37  violations  of  regulations and cases of insubordination, and to suspend
   38  an associate, assistant, district  or  other  superintendent,  director,
   39  supervisor,  expert, principal, teacher or other employee until the next
   40  regular meeting of the board, when all facts relating to the case  shall
   41  be submitted to the board for its consideration and action.
   42    S  11.  Subdivision 3 of section 2573 of the education law, as amended
   43  by chapter 27 of the laws of 2012, is amended to read as follows:
   44    3.  Associate  superintendents,  examiners  and  all  other  employees
   45  authorized  by  section  twenty-five hundred fifty-four of this article,
   46  except as otherwise provided in subdivision one of this  section,  shall
   47  be  appointed  by  the board of education except that in the city school
   48  districts of the cities of [Buffalo,]  Rochester[,]  and  Syracuse,  the
   49  associate,  assistant  and district superintendents and all other super-
   50  vising staff who are excluded from the  right  to  bargain  collectively
   51  pursuant  to  article  fourteen  of  the  civil  service  law  shall  be
   52  appointed, within amounts budgeted therefor, by  the  superintendent  of
   53  such  city school district. In a city having a population of one million
   54  or more, such appointments shall be made on  nomination  of  the  super-
   55  intendent  of schools. Notwithstanding any other provision in this chap-
   56  ter to the contrary, whenever an associate superintendent of schools  in
       S. 5715                            18
    1  the  employ  of  the board of education in a city having a population of
    2  one million or more fails of reappointment, said person shall  be  imme-
    3  diately  appointed an assistant superintendent of schools with permanent
    4  appointment  as  said  term permanent appointment is defined in subdivi-
    5  sions four, five and six of this section. The salary of  such  assistant
    6  superintendent shall be less than the salary of an associate superinten-
    7  dent, but said differential in salary shall not exceed ten per centum of
    8  the  annual  salary  of  an associate superintendent of schools.   When,
    9  however, an associate superintendent of schools who fails of  reappoint-
   10  ment  has  to  his  OR  HER  credit thirty or more years of city service
   11  including ten or more years of service as such associate  superintendent
   12  of  schools, he OR SHE shall suffer no reduction of salary or of pension
   13  prospects while serving as such assistant superintendent of schools.
   14    S 12. Subdivision 4 of section 2576 of the education law is REPEALED.
   15    S 13. The terms of office of the members of the board of education  of
   16  the  city  of  Buffalo shall expire two years after the date of appoint-
   17  ment.  As of the effective date of this section the mayor of the city of
   18  Buffalo shall appoint a board of education for such city school district
   19  pursuant to section 2591-c of the education law as added by section  two
   20  of  this act.  The mayor shall appoint nine members for a two-year term.
   21  The members of the board of education established  pursuant  to  section
   22  2591-c  of  the  education law as added by section two of this act shall
   23  take office as of the effective date of this section.
   24    S 14.   Notwithstanding any provisions of law  to  the  contrary,  the
   25  board  of  education  of the city school district of the city of Buffalo
   26  and the city school district of the  city  of  Buffalo,  as  established
   27  pursuant to article 52 of the education law, are prohibited from re-neg-
   28  otiating  or  otherwise amending any collective bargaining agreements or
   29  other contracts that expire or end on a date after the board  of  educa-
   30  tion, as established pursuant to section 2591-c of the education law, as
   31  added  by section two of this act, takes office. With respect to collec-
   32  tive bargaining agreements that expire or end prior to the date that the
   33  board of education, as established pursuant to  section  2591-c  of  the
   34  education  law,  as  added by section two of this act, takes office, the
   35  board of education or such city school district may only  negotiate  and
   36  enter  into  a new contract for a period that ends on December 31, 2016.
   37  With respect to contracts, other than collective bargaining  agreements,
   38  that  expire  or  end  prior to the date that the board of education, as
   39  established pursuant to section 2591-c of the education law, as added by
   40  section two of this act, takes office, or are  entered  into  after  the
   41  effective  date  of this act, the board of education or such city school
   42  district may only negotiate and enter into a new contract for  a  period
   43  that  ends  sixty  days  after  the date that the board of education, as
   44  established pursuant to section 2591-c of the education law, as added by
   45  section two of this act, takes office.
   46    S 15. The provisions of article 52 of the education law shall continue
   47  to apply to the city school district of the city of  Buffalo,  provided,
   48  however,  that where any of the provisions of article 52-B of the educa-
   49  tion law are inconsistent with the  provisions  of  article  52  of  the
   50  education  law  pertaining  to  governance of the city of Buffalo school
   51  district, the provisions of article 52 of the  education  law  shall  be
   52  superseded and the provisions of article 52-B of the education law shall
   53  apply.
   54    S  16.  Severability.   If any clause, sentence, paragraph, section or
   55  part of this act shall be adjudged by any court of  competent  jurisdic-
   56  tion  to be invalid and after exhaustion of all further judicial review,
       S. 5715                            19
    1  the judgment shall not affect, impair or invalidate the remainder there-
    2  of, but shall be confined in its  operation  to  the  clause,  sentence,
    3  paragraph,  section or part of this act directly involved in the contro-
    4  versy in which the judgment shall have been rendered.
    5    S  17. This act shall take effect immediately; provided, however, that
    6  the amendments to the opening paragraph of section 2554 of the education
    7  law made by section six of this act shall not affect the  expiration  of
    8  such  paragraph  and  shall  expire  on  the same date as such paragraph
    9  expires pursuant to section 34 of chapter 91 of the  laws  of  2002,  as
   10  amended,  or  expire  and  be  deemed  repealed July 31, 2017, whichever
   11  occurs first; provided further that sections two,  three,  four,  seven,
   12  nine,  ten,  eleven,  twelve and fifteen of this act shall expire and be
   13  deemed repealed July 31, 2017.