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The board of education may investigate, of its own motion or otherwise either in the board or by a committee of its own body, any subject of which it has cognizance or over which it has legal control, including the conduct of any of its members or employees or those of any local school board; and for the purpose of such investigation, such board or its president, or committee or its chairman, shall have and may exercise all the powers which a board of education has or may exercise in the case of a trial under the Education Law or the Civil Practice Law and Rules. Any action or determination of a committee appointed under the provisions of this section shall be subject to approval or reversal by the board, which may also modify the determination of the committee in such way as the board shall deem proper and just, and the judgment of the board thereon shall be final.
a. Statement of purpose and intent. The purpose and intent of this section is to ensure that all suspected crimes committed by an adult against a student or another adult, and all allegations of sex-offenses or other violent crimes committed by a student against another student, including any bias-related violent crime committed by any adult or student, in a public school, is reported to the police department and the special commissioner of investigation for the New York city school district. It is not the purpose and intent of this section to mandate the reporting of incidents amounting to ordinary misbehavior and "name calling" among students.
b. Where, the board, a committee of the board or officer or employee of the city school district of the city of New York has evidence or other information relating to a suspected crime, the board, committee, officer or employee which has such information shall immediately report such evidence or other information to the police department and the special commissioner of investigation, in a form and manner prescribed by rule by the police department, and to the school's principal, provided, however, that if such evidence or other information directly or indirectly involves or implicates such school principal, the report shall be made to the district superintendent as well as the police department.
c. Where there is a suspected crime against a child, the school principal or district superintendent shall promptly notify the parent or legal guardian of such child about whom a report has been made, except where, after consultation with the police department and the special commissioner of investigation, it is determined that such notification would impede a criminal investigation.
d. Any such committee or individual who in good faith reports evidence or other information relating to a suspected crime to the police department and school principal or district superintendent in accordance with the provisions of subdivision b of this section shall have immunity from any civil liability that may arise from the making of such report, and the school district or any school district employee shall not take, request or cause a retaliatory action against any such committee or individual who makes a report. Nothing herein shall abrogate obligations of confidentiality imposed by certain privileged relationships pursuant to state law.
e. The police department shall promulgate all rules necessary to implement the provisions of this section.
f. The provisions of this section shall not be construed as either (1) limiting the authority of any agency, commission, other entity or its members to conduct any administrative, civil or criminal investigation that is within the scope of their authority, or (2) limiting any obligation to file a report with any city, state or federal agency concerning a suspected crime or other activity.
a. Installation of security cameras and door alarms. The department of education, in consultation with the police department, shall install security cameras and door alarms at schools and consolidated school locations operated by the department of education where the chancellor, in consultation with the police department, deems such cameras and door alarms appropriate for safety purposes. Such cameras may be placed at the entrance and exit doors of each school and may be placed in any area of the school where individuals do not have a reasonable expectation of privacy. The number, type, placement, and location of such cameras within each school shall be at the discretion of the department of education, in consultation with the principal of each school and the police department. Door alarms may be placed at the discretion of the department of education, in consultation with the police department, at the exterior doors of school buildings under the jurisdiction of the department of education, including buildings serving grades pre-kindergarten through five or a district 75 program. Such alarms should provide an audible alert indicating an unauthorized departure from the school building. For the purposes of this section, "district 75 program" shall mean a department of education program that provides educational, vocational, and behavioral support programs for students with severe disabilities from pre-kindergarten through age twenty-one.
b. Schedule of installation for cameras. The department of education, in consultation with the police department, shall set the priorities for installation of cameras as set forth in subdivision a to include among other appropriate factors consideration of the level of violence in schools, as determined by the police department and the department of education. By the end of two thousand six, the potential installation of cameras shall have been reviewed for all schools under the jurisdiction of the department of education, including elementary schools. At the end of two thousand six, the department of education shall submit a report to the city council indicating, for each school under its jurisdiction, the findings of the review and the reasons for the findings contained therein.
c. Schedule of installation for door alarms. The department of education, in consultation with the police department, shall evaluate and set priorities for the installation of door alarms, as set forth in subdivision a. By May thirtieth, two thousand fifteen, the department of education shall complete such evaluation for all schools under its jurisdiction, including buildings serving grades pre-kindergarten through five or a district 75 program. By such date, the department of education shall submit a report to the speaker of the council that describes the results of the evaluation conducted pursuant to this subdivision, including, but not limited to, a list of the school buildings where the installation of door alarms has been deemed to be an appropriate safety measure and a timeline for such installation.
d. Training. Not later than May thirtieth, two thousand fifteen, and annually thereafter, the department of education shall submit to the speaker of the council a report regarding training on student safety protocols for department of education personnel. Such report shall include, but need not be limited to: (1) general details on the type and scope of the training administered, (2) the intended audience for each training, and (3) whether such training was mandatory for certain personnel.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2004/052.
a. The New York city department of education, or its successor, shall make available to the public, pursuant to subdivision d of this section, reports that reflect the environment of criminal and seriously disruptive behavior in schools operated by the department of education.
b. Such reports shall include an annual reporting, on a city-wide basis as well as for each school or co-located group of schools operated by the department of education, of information reported by the New York city police department to the department of education on the following: the total amount of major felony crime, disaggregated by felony category; the total amount of other crime, disaggregated by crimes against persons and crimes against property; and the total amount of non-criminal incidents.
c. Such reports shall also include an annual reporting, on a city-wide basis as well as for each school or co-located group of schools operated by the department of education, of incidents designated by the chancellor in the citywide standards of discipline and intervention measures (the "discipline code") as seriously disruptive, dangerous or violent behavior in schools operated by the department of education, as reported in the department of education's online occurrence reporting system, or a successor reporting system. The chancellor, in consultation with the police department, shall develop guidelines to avoid duplicative reporting pursuant to this subdivision of information already contained in reports described in subdivision b of this section.
d. The department of education shall make such reports available on its web site and shall include such information in the school report card for each school that it operates. The department shall also make such reports available in paper form at all schools and all district and regional offices, and shall provide copies to the public on request. Such annual reports shall be available by October 1st, and shall include data from the previous school year (September 1st through June 30th) of information reported by the New York city police department to the department of education and, as soon as practicable, but no later than one year after the effective date of this law, shall also include the reports generated by the department of education described in subdivision c of this section.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2005/004.
Section 530. Reporting requirements.*
* Editor's note: there are two sections numbered as Section 530.
a. The New York city department of education, or its successor, shall report annually to the metropolitan transportation authority, on or before the fifteenth day of August of each year, the following information:
1. The name and address of any school under the jurisdiction of the department of education that is to begin its first year of operation in the upcoming school year, the number of students enrolled in any such school, and the zip codes of the students and the percentage of such students in each such zip code attending each respective school;
2. The name and address of any school receiving an increase of 200 or more students enrolled for the upcoming school year, the zip codes of the new students enrolled in any such school, and the percentage of such new students in each such zip code.
Section 530. Reporting of information concerning out-of-state facility placement.*
* Editor's note: there are two sections numbered as Section 530.
a. Definitions. For the purposes of this section:
(1) "Child" or "children" shall mean any city resident or residents under twenty-two years of age.
(2) "Department" shall mean the New York city department of education.
(3) "Individual" shall mean any resident under twenty-two years of age.
(4) "Out-of-state facility" shall mean any facility outside of New York state in which the department, pursuant to section 4407 of the New York state education law, places a child for the purposes of providing instruction to such child.
b. The department shall report to the city council twice annually, on or before the first day of September and February, respectively, information concerning children placed in out-of-state facilities, including but not limited to:
(1) The name and location of each such out-of-state facility at which the department places children and the number of children placed by the department at each such out-of-state facility.
(2) The general population served by each such out-of-state facility, including but not limited to, the number of individuals served, and the age, race, gender and nature of any disabilities of such individuals, to the extent such information is available to the department.
(3) The types of services and therapies provided by each such out-of-state facility.
(4) The total amount spent annually by the department to provide services to children at out-of-state facilities, the total amount spent by the department to provide services to children at each such out-of-state facility and the average cost per child to provide services at each such out-of-state facility.
(5) The number of children who are discharged from each such out-of-state facility annually, and, if applicable, information concerning the type of facilities in which such children are subsequently placed.
(6) For each out-of-state facility listed pursuant to paragraph (1) of this subdivision, information known by the department concerning whether (i) any enforcement action has been taken with respect to the license, certificate, charter or other authorization held by such facility, (ii) the department has informed the New York state department of education of any such enforcement action and (iii) the facility has taken or is taking any action with respect to such enforcement action.
(7) For each out-of-state facility listed pursuant to paragraph (1) of this subdivision, the final outcome of any investigation known by the department of abuse or neglect regarding any child placed by the department in such facility to the extent that such information may be made public consistent with applicable laws, including the law of the jurisdiction where such investigation was conducted.
(8) The department shall promptly notify in writing the parents or guardians of any child who is placed in an out-of-state facility of any information with respect to such out-of-state-facility that is reported pursuant to paragraphs (6) and (7) of this subdivision.
c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement.
d. The biannual reports required pursuant to this section shall be made available on the department's website and to any member of the public upon request.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2009/068.
a. For the purposes of this section:
1. "Cohort" shall mean a group of students who entered into a specified grade in the same year.
2. "Department" shall mean the department of education of the city of New York.
3. "Discharge code" shall refer to any code utilized by the department to indicate when a student leaves a school within the department without transferring to another school within the department or without graduating.
4. "Discharged" shall mean any student whose enrollment at a school organization has been voluntarily or involuntarily terminated or withdrawn for reasons including, but not limited to, discharge to a private or parochial school or a non-DOE institution, or the absence of any student after twenty consecutive days.
5. "Graduation" shall mean the act of meeting all requirements outlined by the state education law in order to receive a high school diploma.
6. "Student" shall mean any pupil under the age of 21.
7. "Transfer code" shall mean to any code utilized by the department to indicate when a student transfers from one school within the department to another school within the department.
8. "Transferred" shall mean any student who has been voluntarily or involuntarily reassigned to another school or program including, but not limited to, a part-time or full-time department GED program, or a temporary reassignment to another school program.
b. Not later than June 30th of the year two thousand and twelve and on an annual basis thereafter, the chancellor of the city school district of the city of New York shall submit to the council and post on the department's website, a report which identifies the number of students discharged or transferred during the previous school year from each school under the jurisdiction of such district including any and all discharge and transfer codes utilized by the district and disaggregated by cohort for grades nine through twelve and by grade for students in grade six through eight. Such report shall include, but not be limited to, the following information:
1. The total number of students discharged from each school in grades nine through twelve, disaggregated by cohort, age as of December 31st of the previous calendar year, race/ethnicity, gender, English language learner status and special education status.
2. The total number of students discharged from each school in grades six through eight, disaggregated by grade, race/ethnicity, gender, English language learner status and special education status.
3. The total number of students in grades nine through twelve who left their respective school, disaggregated by all discharge, transfer and graduation codes used by the department.
4. The total number of students in grades six through eight who left their respective school, disaggregated by all discharge, transfer and graduation codes used by the department.
5. The total number of students in grades nine through twelve, discharged due to reasons relating to pregnancy or parenting.
6. The total number of students in grades six through eight, disaggregated by grade, discharged to parochial schools or private schools.
7. The total number of students in grades nine through twelve, disaggregated by cohort, discharged to parochial schools or private schools.
8. The total number of students in grades six through eight, disaggregated by grade, enrolled in school at correctional facilities or detention programs.
9. The total number of students in grades nine through twelve, disaggregated by cohort, enrolled in school at correctional facilities or detention programs.
10. The total number of students discharged in grades six through eight, disaggregated by grade, receiving special education services.
11. The total number of students discharged in grades nine through twelve, disaggregated by cohort, receiving special education services.
12. All information required by this section shall be aggregated citywide, as well as disaggregated by borough and community school district.
c. No information that is otherwise required to be reported pursuant to this section shall be reported in a manner that would violate any applicable provision of federal, state or local law relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If a category contains between 0 and 9 students, or allows another category to be narrowed to between 0 and 9 students, the number shall be replaced with a symbol.
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