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Chapter 4: Borough Presidents.
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THE RULES OF THE CITY OF NEW YORK
Title 1: Department of Buildings
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Title 25: Department of Mental Health and Retardation [Repealed]
Title 28: Housing Preservation and Development
Title 29: Loft Board
Title 30: Rent Guidelines Board
Title 31: Mayor's Office of Homelessness and Single Room Occupancy
Title 34: Department of Transportation
Title 35: Taxi and Limousine Commission
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Title 38-A: Civilian Complaint Review Board
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Title 40: Board of Correction
Title 41: Department of Juvenile Justice
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Title 43: Mayor
Title 44: Comptroller
Title 45: Borough Presidents
Title 46: Law Department
Title 47: Commission on Human Rights
Title 48: Office of Administrative Trials and Hearings (OATH)
Title 49: Department of Records and Information Services
Title 50: Community Assistance Unit
Title 51: City Clerk
Title 52: Campaign Finance Board*
Title 53: Conflicts of Interest Board
Title 55: Department of Citywide Administrative Services
Title 56: Department of Parks and Recreation
Title 57: Art Commission
Title 58: Department of Cultural Affairs
Title 60: Civil Service Commission
Title 61: Office of Collective Bargaining
Title 62: City Planning
Title 63: Landmarks Preservation Commission
Title 66: Department of Small Business Services
Title 67: Department of Information Technology and Telecommunications
Title 68: Human Resources Administration
Title 69: Department of Aging
Title 70: In Rem Foreclosure Release Board
Title 71: Voter Assistance Commission
Title 72: Office of Emergency Management
Title 73: Civic Engagement Commission
Title 74: Community Hiring
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Section 530-c. Student graduation reporting data.
   a.   For the purposes of this section:
      1.   "Alternative education program" shall mean any program that is specifically designed to meet the academic needs of traditionally underperforming students.
      2.   "Department" shall mean the department of education of the city of New York.
      3.   "Self-contained" shall mean any special education program wherein special education students are not integrated with general education students during academic instruction.
   b.   Not later than February 1st 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 schools under the jurisdiction of such district that have been closed during the previous school year and the number of students at each such school who did not complete their respective graduation requirements prior to the closure of such school. Such report shall include, but not be limited to, the following information with respect to such students who did not complete graduation requirements in the prior school year:
      1.   The total number and percentage of students at each such school assigned to a different school and the school to which each such student was assigned, including, but not limited to, alternative education programs, young adult borough center programs and general education development programs.
      2.   The total number and percentage of students who were absent from school 0 to 20, 21-40, 41-60, 61-80, and 81-100 percent of the time in the prior school year.
      3.   The total number and percentage of students who utilized a credit recovery option in order to accumulate credits.
      4.   The total number and percentage of students receiving special education services including, but not limited to, students assigned to self-contained programs.
      5.   The total number and percentage of students who were assigned a dropout code by the department including, but not limited to, students who were identified by the department as having an unknown address, exceeding 21 years of age, entering military service or voluntarily withdrawing.
      6.   For students in grades nine through twelve, the total number and percentage of students at each school whose grade point average was recorded below 2.0; between 2.0 and 3.0; and between 3.0 and 4.0.
      7.   All information required by this subdivision shall be disaggregated by grade, age as of December 31st of the previous calendar year, race/ethnicity, gender, English language learner status, and special education status.
      8.   All information required by this subdivision 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.
Section 530-d. Notification requirements, PCBs.
   a.   For the purposes of this section, the following terms shall have the following meanings:
      1.   "Department" shall mean the New York city department of education.
      2.   "PCBs" shall mean polychlorinated biphenyls.
      3.   "PCB light ballast" shall mean a device that electrically controls fluorescent light fixtures and that includes a PCB small capacitor containing dielectric.
      4.   "PCB lighting removal plan" shall mean the department's comprehensive plan to remove, replace or remediate light fixtures that have used or are using PCB light ballasts or are presumed to have used or to be using PCB light ballasts.
      5.   "Reportable PCB levels" shall mean written test results of light fixtures including, but not limited to, air, wipe or bulk sample analysis, performed by or at the request of the department, the New York city school construction authority or the United States environmental protection agency that show concentrations of PCBs which exceed the amount allowable pursuant to the applicable regulations promulgated by the United States environmental protection agency, and shall also mean the inspection results of light fixtures that are leaking and presumed to have used or to be using PCB light ballasts.
      6.   "Public school" shall mean any school in a building owned or leased by the department, including charter schools, that contains any combination of grades from kindergarten through grade twelve.
   b.   The department shall notify the parents of students and the employees in any public school that has been inspected or tested for reportable PCB levels of the results of such inspection or testing, and whether the results of such inspection or testing were negative or positive, within seven days of receiving such results; provided that if such results are received during a scheduled school vacation period exceeding five days and the area where such inspection or testing occurred is not being used by students during such period, such notification shall occur no later than seven days following the end of such period. The department shall also post such results on the department's website within seven days of receiving such results.
   c.   The notification required pursuant to subdivision b of this section shall include information setting forth the steps the department has taken and will take to address such reportable PCB levels, including the timeframe during which such reportable PCB levels were or will be addressed. If such steps are not completed within such timeframe then the department shall notify such parents and employees of the new timeframe for such steps. The department shall also notify such parents and employees within seven days of the date such steps to address reportable PCB levels are completed.
   d.   Not later than the fifteenth day of April of the year 2012 and annually thereafter not later than the fifteenth day of November, the department shall notify the parents of students and the employees in any public school identified as part of the department's PCB lighting removal plan that such school has been identified as part of such plan and shall provide in such annual notice an explanation regarding the department's PCB lighting removal plan including, but not limited to, the reasons for removal, replacement, or remediation, the fact that certain light fixtures are presumed to contain PCBs, and the schedule for such removal, replacement or remediation.
Section 530-e. PCB reporting data.
   a.   For the purposes of this section, the following terms shall have the following meanings:
      1.   "Department" shall mean the New York city department of education.
      2.   "PCBs" shall mean polychlorinated biphenyls.
      3.   "PCB light ballast" shall mean a device that electrically controls fluorescent light fixtures and that includes a PCB small capacitor containing dielectric.
      4.   "PCB lighting removal plan" shall mean the department's comprehensive plan to remove, replace or remediate light fixtures that have used or are using PCB light ballasts or are presumed to have used or to be using PCB light ballasts.
      5.   "Reportable PCB levels" shall mean written test results of light fixtures including, but not limited to, air, wipe or bulk sample analysis, performed by or at the request of the department, the New York city school construction authority or the United States environmental protection agency that show concentrations of PCBs which exceed the amount allowable pursuant to the applicable regulations promulgated by the United States environmental protection agency, and shall also mean the inspection results of light fixtures that are leaking and presumed to have used or to be using PCB light ballasts.
      6.   "Public school" shall mean any school in a building owned or leased by the department, including charter schools, that contains any combination of grades from kindergarten through grade twelve.
   b.   Not later than the fifteenth day of April of the year 2012 the department shall submit to the council a preliminary report, and annually thereafter not later than the fifteenth day of November the department shall submit to the council a report, regarding the progress of the department's PCB lighting removal plan and the department's efforts to address caulk in public schools and shall post such report on the department's website. The report shall include, but not be limited to: information regarding the overall progress on such plan including, but not limited to, an updated list of public schools identified as part of such plan, the steps that will be taken to address reportable PCB levels at such schools, and the schedule for addressing such reportable PCB levels at such schools; a list of schools where reportable PCB levels have been addressed, the steps taken to address such reportable PCB levels including, but not limited to, information regarding whether light fixtures and floor tiles were removed, replaced or remediated, and the timeframe during which such reportable PCB levels were addressed; a list of schools for which notification was sent to parents and employees pursuant to subdivision b of section 530-d of this chapter, the steps taken to address the presence and removal, replacement or remediation of PCB light ballasts at such schools, including the number of light fixtures and floor tiles that were removed, replaced or remediated and the reasons for which inspection or testing for reportable PCB levels occurred including, but not limited to, routine inspection and discovery of a leaking ballast or pursuant to a consent order or any existing agreement with the United States environmental protection agency; a summary of the test results for any routine testing for PCBs in caulk performed by or at the direction of the department or the New York city school construction authority including, but not limited to, which schools were tested and for what reason, and information pertaining to the steps the department has taken and will take to address the presence and removal of PCBs in caulking including, but not limited to, the test results of any pilot study conducted pursuant to a consent order or any existing agreement with the United States environmental protection agency, an update on the status of such pilot study, and in the event that the department and New York City school construction authority reach agreement with the United States environmental protection agency at some future date on a final citywide PCB management plan, as described in and pursuant to all terms and conditions of the existing agreement with EPA, a description and update on PCB management activities, including the management of PCBs in caulking, implemented under such a final plan. All information required by this subdivision shall be aggregated citywide, as well as disaggregated by community school district, council district and borough.
   c.   The report shall include a link to information posted on the website of the department of health and mental hygiene that provides answers to frequently asked questions regarding PCBs.
   d.   The requirements of this section shall no longer be in effect following the department's submission to the council of a report documenting that the removal of all light fixtures pursuant to the department's PCB lighting removal plan has been completed.
Section 530-f. Instructional arts requirements data.
   a.   For the purposes of this section:
      "Department" shall mean the department of education of the city of New York.
      "Instructional requirements for the arts" shall mean the regulations promulgated within part 100 of title 8, or successor regulations, of the New York code rules and regulations by the New York state commissioner of education.
   b.   Not later than February 15th 2014, and on an annual basis thereafter by the 15th of February, the department shall submit to the council and post on the department's website, data regarding the provision of instructional requirements for the arts in schools for the preceding school year. Such report shall include, but not be limited to:
      1.   The total number and percentage of schools serving students in grades one through six that have met all instructional requirements in all of the following disciplines: music, dance, theatre and visual arts;
      2.   The total number and percentage of students in grade eight who have:
         i.   completed all instructional requirements for the arts grades seven through eight;
      3.   The total number and percentage of high school graduates who have:
         i.   completed all instructional requirements for the arts for grades nine through twelve;
      4.   The total number of full-time licensed arts instructors on staff for grades seven through twelve including but not limited to their areas of arts certification; and
      5.   The total number of part-time licensed arts instructors on staff for grades seven through twelve including but not limited to their areas of arts certification.
   c.   Data shall include demographic information regarding the racial and ethnic composition of the school and shall include, but shall not be limited to, the percentage of special education students and the percentage of English language learners.
   d.   All information required to be reported by this section shall be aggregated citywide, as well as disaggregated by city council district, community school district and school.
   e.   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.
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2013/123.