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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.
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.
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.
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.
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