1. Members of the board of education, other than the president, shall be compensated at the rate of one hundred sixty dollars and the president of the board at the rate of one hundred seventy-five dollars per calendar day when performing the work of the board, provided, however, that in any fiscal year a member or president shall not be compensated for more than two hundred ten calendar days for all work performed by such member or president during the fiscal year.
2. Members of the board of education shall, within the funds provided therefor in the budget of the board of education, be entitled to use an automobile limited to the performance of their public duties provided, that the cost of such automobile shall not exceed that of automobiles provided to city commissioners.
a. The title to all property, real and personal, heretofore or hereafter acquired for school or educational purposes, and also the title to all property, real and personal, purchased for school or educational purposes with any school moneys, whether derived from the issue of bonds or raised by taxation, shall be vested in the city, but under the care and control of the board of education for the purposes of public education, recreation and other public uses.
b. Suits in relation to such property shall be brought in the name of the board of education.
c. The city shall have power to take and hold any property, real or personal, devised or bequeathed or transferred to it for the purposes of education in said city; but such property shall be under the care and control of the board of education for the purposes of public education, recreation and other public uses in the city.
d. Not later than the twenty sixth day of April, the board of education shall submit to the mayor, the borough presidents and the council an itemized statement, covering those portions of the city's capital plant, as defined in section eleven hundred ten-a, which have been committed to the care and control of the board of education or officers or employees thereof, by project type and, within project type, by personal services and other-than-personal services, of the amounts appropriated for maintenance of such portions of the capital plant in the previous and current fiscal years as originally adopted and as modified through the first nine months of the current fiscal year, and of the amounts actually expended for such maintenance in the previous fiscal year and through the first nine months of the current fiscal year and the amounts estimated to be expended for such purpose during the balance of the current fiscal year; and, an explanation of the substantive differences, if any, between the amounts actually expended for such maintenance in the previous fiscal year or projected to be expended for such purpose in the current fiscal year and the amounts originally appropriated for such purpose for such years.
e. Not later than the first day of February of the year two thousand and three and on a quarterly basis thereafter, not later than May first, August first, November first, and February first of each year, the chancellor of the city school district shall submit to the council an itemized statement covering the status of every school capital project that was completed during the immediately preceding fiscal quarter or not completed but for which funding was appropriated. This statement shall include, but not be limited to, the following information for each such project: (1) the total amount appropriated for the school capital project; (2) the original and current total estimated cost of the school capital project, disaggregated by project phase, including, but not limited to, scope, design, and construction; (3) the projected or actual start and end date of each such project phase; (4) the total amount expended on the project as of the last day of the immediately preceding fiscal quarter, disaggregated by project phase; (5) a clear explanation of the reasons for any projected or actual cost overrun of ten percent or more of the total estimated cost of the project; (6) a clear explanation of the reasons for any delay of sixty days or longer with respect to any phase of the project and (7) the name, office phone number and e-mail address of the project manager, or person responsible for reporting on the project, within three months of appropriation for the school capital project.
f. The chancellor of the city school district shall provide additional electronic notification to the council within thirty days of learning of any of the following with respect to any school capital project: (1) any projected or actual delay of sixty days or more with respect to any phase of the project and (2) any projected or actual change of ten percent or more of the total estimated cost of the project. The chancellor of the city school district shall also provide the information required by this subdivision to the council member who represents the district in which the project is located.
g. The office of management and budget shall provide electronic notification to the council immediately upon issuing a certificate to proceed for every school capital project The office of management and budget shall also provide the information required in this subdivision to the council member who represents the district in which the project is located.
h. For purposes of subdivisions e, f, and g, "school capital project" shall mean: (1) any project included in any current or prior five-year educational facilities capital plan; and (2) any capital project for a school facility for which funding was appropriated to the department of education or its successor pursuant to sections two hundred eleven, two hundred forty-nine, or two hundred fifty-four.
a. The department of education shall on or before the thirtieth day of November in each year make and transmit to the mayor a report in writing, for the year ending on the thirty-first day of July next preceding, stating the whole number of schools under its jurisdiction during the said year; the number of teachers; the total number of pupils on register, and the average attendance at each school; the number of high schools and training schools for teachers, with the number of teachers and the attendance of pupils at each; the corporate schools or societies from which reports have been made to the department of education, the length of time such schools have been kept open, and the number of teachers and of pupils taught in each such school and the total amount of money expended for the purposes of public education in the city during the preceding fiscal year. The department of education shall also make in said reports such suggestions and recommendations relative to the public schools of the city as it may deem proper.
b. Temporary and non-standard classroom reporting. The department of education shall report to the council annually, on or before October fifteenth of each year, the number of non-standard classrooms within the public school system. Such report shall provide the number of non-standard classrooms, disaggregated by: school; zip code; school district; instructional region; community district; council district; and borough, and for each non-standard classroom, the number of children who attend classes in each such non-standard classroom. For purposes of this section, the term "non-standard classrooms" shall mean any of the following spaces that are used for subject-matter instruction where students are intended to be seated at desks: a transportable classroom unit; a classroom located in a structure that was not built or renovated with the intention that such structure be a permanent educational facility; a classroom located in a multi-purpose room, also called a cluster room, and not used for the specialized instructional, administrative or other purposes for which such room was designed or intended; a classroom located in a space that was not designed for classroom use when built or when last fully renovated; and a classroom the use of which violates any New York city or state law pertaining to classroom design, location or amenity or the type of interior space that may lawfully be used as classroom space.
c. Class size reporting. The department of education shall submit a report on class sizes to the city council 3 times annually, on or before November 15, February 15, and June 30 of each year. Each November 15 report shall reflect preliminary class sizes as of the preceding October 31, each February 15 report shall reflect updated class sizes as of the preceding October 31, and each June 30 report shall reflect class sizes as of the preceding June 15. Such reports shall include the following information regarding class sizes in New York city public schools:
1. For each school and, separately, for each academic program within a school or school building, including smaller schools housed within larger institutions and specialized programs, such as those for gifted students and for students with special needs, the average class size per grade of all classes, including classes primarily serving students with autism, and the actual class size of each class in such school or program;
2. For each school district, the average class size per grade of all classes in such district;
3. For each borough, the average class size per grade of all classes in such borough;
4. Citywide, the average class size per grade; and
5. A detailed description of the methodologies used to calculate all such grade size data reported.
6. Such report shall, when reporting data for middle school and high school classes with students in different grade levels, report class sizes per grade band and subject.
d. Presentation of class size reporting. Average class size shall be reported:
1. By the number of students, rounded to the nearest tenth; and
2. By core academic subject, in all grades in which such core academic subjects are taught in classes that vary from such grades' homeroom classes.
e. Class size reporting exceptions. The reporting required by subdivision c of this section shall:
1. Exclude classes that are composed of students who are enrolled in any school or program that exclusively serves students who are incarcerated, on probation, or otherwise under the jurisdiction of the state or federal court system;
2. Be made by category of class, such as 12-to-1 or 5-to-1 student/teacher ratio, with respect to students who attend classes exclusively for children who have individualized education plans; and
3. Exclude classes taught at vocational schools and programs, also known as career and technical schools and programs, to the extent that such classes within such schools and programs do not provide core academic content.
f. Dissemination of information. The reporting required by subdivision c of this section shall, in addition to being provided to the city council, be placed on the department's website, and may be distributed by such other means as the chancellor, in his or her discretion, determines to be a reasonable method of providing such information to the public. The reporting required by subdivision g of this section shall be provided to the city council in electronic form and be placed on the department's website in an electronic form compatible with a non-proprietary database program. Further, a link to the reporting required by subdivision g of this section shall be posted on each school's web portal, and such reporting may be distributed by such other means as the chancellor, in his or her discretion, determines to be a reasonable method of providing such information to the public.
g. Capacity and utilization reporting. Not later than the first day of November of the year two thousand thirteen and not later than the first day of November of every year thereafter, the chancellor of the city school district shall submit to the council a report on capacity and utilization data for the prior school year. For the purposes of this subdivision, the following terms shall have the following meanings:
"Academic intervention services" shall mean any academic or behavioral services provided to students in addition to regular classroom instruction including, but not limited to, services for special education students and students identified as English language learners;
"Health clinic" shall mean any area within a school designated exclusively for providing health services to students including, but not limited to, physical examinations and screenings for vision, hearing and other medical conditions;
"Non-school organization" shall mean any organization or program that is not operated by the New York city department of education including, but not limited to, after school programs, general education development programs and social services;
"Physical fitness space" shall mean any space used for the purpose of physical fitness instruction;
"School" shall mean any elementary, middle or high school within the jurisdiction of the New York city department of education and in any educational facility owned or leased by the city of New York, holding some combination thereof including, but not limited to, district 75 schools and charter schools; and
"Teachers' lounge" shall mean any space exclusively designated for use by teachers and school staff for non-instructional time.
Such report shall include the total number of each type of room or space listed below, indicate whether such type of room or space is shared by multiple schools, and provide the following information for each school building and each school within a building or structure that holds one or more schools, and shall identify space utilized for a specified purpose if such space is primarily utilized for such identified purpose no less than fifty percent of the time, provided that nothing herein shall prevent the reporting of additional spaces that are utilized for less than fifty percent of the time if such percentage of time is indicated in the report, provided that all information required by this subdivision shall be aggregated citywide, as well as disaggregated by community school district, council district and borough:
1. Cluster rooms or specialty rooms used for the purpose of delivering specialized instruction and the purposes for which such rooms are utilized in such subject areas including, but not limited to, art, music, dance, science, computer, theatre and shop, by type of usage, and the square footage of each such room;
2. Rooms utilized for occupational or physical therapy, speech, hearing, vision, adaptive physical education, counseling, school-based support teams and testing accommodations for students with disabilities, by type of usage, and the square footage of each such room;
3. Rooms utilized for academic intervention services, and the square footage of each such room;
4. Rooms utilized as physical fitness space including, but not limited to, gymnasiums and other physical fitness space, including the square footage of each such room;
5. Non-instructional spaces, such as hallways, used for instructional purposes, academic intervention services, or therapeutic or counseling services;
6. Health clinics, and the square footage of each such health clinic;
7. Student locker rooms;
8. Student bathrooms;
9. Teachers' lounges;
10. Auditoriums, and the square footage of each such auditorium;
11. Libraries, and the square footage of each such library;
12. Lunchrooms, the square footage of each such lunchroom, and the number of periods or half periods in which the lunchroom is utilized for the purpose of serving meals each day by each school;
13. Rooms or spaces occupied by non-school organizations, and the square footage being occupied by each such organization.
(Am. L.L. 2024/057, 4/18/2024, eff. 4/18/2024)
Editor's note: For related unconsolidated provisions, see Administrative Code Appendix A at L.L. 2005/122 and L.L. 2005/125.
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