N.Y.
Education Law Section 2590-L
Enforcement of applicable law, regulations and directives
- establishment of appeal board
(a)
If, in the judgment of the chancellor any community district education council and/or superintendent fails to comply with any applicable provisions of law, by-laws, rules or regulations, standards, directives and agreements, he or she may, in addition to or as an alternative to any other remedies authorized by this article, including subdivision thirty-one of § 2590-H (Powers and duties of chancellor)section twenty-five hundred ninety-h of this article, issue an order requiring the community district education council and/or superintendent to cease its improper conduct or to take required action and consistent with the provisions of this article and the educational and operational policies of the city board, may enforce that order by the use of appropriate means, including:(i)
supersession of the community district education council and/or superintendent by the chancellor or one or more trustees appointed by him who may be, notwithstanding any other provision of law, employees of the city board with respect to those powers and duties or decisions of such community district education council and/or superintendent deemed necessary to ensure compliance with the order; and(ii)
suspension or removal of the community district education council and/or superintendent or any member or members thereof.(b)
Prior to the enforcement of any order authorized under this section, the chancellor shall provide an opportunity for conciliation, except that the chancellor without conciliation may suspend or remove one or more members of a community district education council or a community superintendent where the conduct (i) is criminal in nature;(ii)
poses an immediate danger to the safety or welfare of students or any school staff or employee, or(iii)
in the judgment of the chancellor, is contrary to the best interest of the city school district. * NB Effective until June 30, 2024 * 1.(a)
If, in the judgment of the chancellor any community board and/or superintendent fails to comply with any applicable provisions of law, by-laws, rules or regulations, standards, directives and agreements, he or she may, in addition to or as an alternative to any other remedies authorized by this article, including subdivision thirty-one of § 2590-H (Powers and duties of chancellor)section twenty-five hundred ninety-h of this article, issue an order requiring the community board and/or superintendent to cease its improper conduct or to take required action and consistent with the provisions of this article and the educational and operational policies of the city board, may enforce that order by the use of appropriate means, including:(i)
supersession of the community board and/or superintendent by the chancellor or one or more trustees appointed by him who may be, notwithstanding any other provision of law, employees of the city board with respect to those powers and duties or decisions of such community board and/or superintendent deemed necessary to ensure compliance with the order; and(ii)
suspension or removal of the community board and/or superintendent or any member or members thereof.(b)
Prior to the enforcement of any order authorized under this section, the chancellor shall provide an opportunity for conciliation, except that the chancellor without conciliation may suspend or remove one or more members of a community board or a community superintendent where the conduct (i) is criminal in nature;(ii)
poses an immediate danger to the safety or welfare of students or any school staff or employee, or(iii)
in the judgment of the chancellor, is contrary to the best interest of the city school district. * NB Effective June 30, 2024 2. The community board or any suspended or removed member and/or superintendent thereof may, within fifteen days after issuance of such order, file an appeal with the city board acting as an appeal board pursuant to subdivision ten of § 2590-G (Powers and duties of the city board)section twenty-five hundred ninety-g of this article. * 2-a. A member of a community district education council may be removed upon a finding that the member willfully, intentionally or knowingly interfered with or was involved in the hiring, appointment or assignment of employees other than as specifically authorized in this article. Such a finding, unless judicially overturned pursuant to article seventy-eight of the civil practice law and rules, shall permanently disqualify that member from employment, contracting or membership with or on any community district education council or the city board or any employment or contractual relationship, direct or indirect, with the city district, any community district, or any public school in such districts. * NB Effective until June 30, 2024 * 2-a. A member of a community school district board may be removed upon a finding that the member willfully, intentionally or knowingly interfered with or was involved in the hiring, appointment or assignment of employees other than as specifically authorized in this article. Such a finding, unless judicially overturned pursuant to article seventy-eight of the civil practice law and rules, shall permanently disqualify that member from employment, contracting or membership with or on any community board or the city board or any employment or contractual relationship, direct or indirect, with the city district, any community district, or any public school in such districts. * NB Effective June 30, 2024
Source:
Section 2590-L — Enforcement of applicable law, regulations and directives; establishment of appeal board, https://www.nysenate.gov/legislation/laws/EDN/2590-L (updated Dec. 29, 2023; accessed Apr. 20, 2024).
