Section 520.
§ 520. Salaries of members of the board of education 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.
Section 521.
§ 521. Property under board of education; care and control; suits in
regard thereto. 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.
Section 522.
§ 522. Reports of the department 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 to the city council twice annually, on or before November
fifteenth and February fifteenth of each year, with respect to 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 in such school or program;
2. For each school district and for each region, the average class
size per grade of all classes in such district and region;
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.
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.
Section 523.
§ 523. Removal by mayor after hearing. Any member of the board of
education or of the local school board may be removed by the mayor on
proof of official misconduct in office or of negligence in official
duties or of conduct in any manner connected with official duties, or
otherwise, which tends to discredit the office of such member or the
school system, or for mental or physical inability to perform duties;
but before removal such member shall receive notice in writing of the
charges and copy thereof, and shall be entitled to a hearing on notice
before the mayor and to the assistance of counsel at said hearing.
Section 526.
§ 526. Powers of investigation. 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.
Section 526-a.
§ 526-a. Powers of investigation. 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.
Section 527.
§ 527. Changes in state law. This chapter shall not prevent the city
from exercising any power now or hereafter conferred by law.
Section 528.
§ 528. The installation and operation of security cameras in New York
City public schools.
a. Installation of Security Cameras. The New York City department of
education, in consultation with the New York City police department,
shall install security cameras at schools and consolidated school
locations operated by the department of education where the chancellor,
in consultation with the New York City police department, deems such
cameras 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.
b. Schedule of Installation. 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 2006, 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
2006, 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.
Section 529.
§ 529. Education department and police department school incident
reporting requirements.
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.
Section 530.
* § 530. Reporting requirements.
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.
* NB There are 2 § 530's
Section 530-b
§ 530-b Student discharge reporting data. 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, disaggragated 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.
Section 530-c
§ 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
§ 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
§ 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
* § 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.
* NB Effective March 17, 2014
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
Special thanks to Benjarmin Kallos and Thom Neale who made this content publicly available as a bulk download.