Section 2590-C - [Repealed Effective 6/30/2026] Composition of community district education councils1. Each community district shall be governed by a community district education council. The community councils shall consist of twelve voting members and two non-voting members, as follows:(a)(1) For councils whose terms begin prior to two thousand twenty, nine voting members shall be parents whose children are attending a school or a pre-kindergarten program offered by a school under the jurisdiction of the community district, or have attended a school or a pre-kindergarten program offered by a school under the jurisdiction of the community district within the preceding two years, and shall be selected by the presidents and officers of the parents' association or parent-teachers' association. Such members shall serve for a term of two years. Presidents and officers of parents' associations or parent-teachers' associations who are candidates in the selection process pursuant to this section shall not be eligible to cast votes in such selection process. The association shall elect a member to vote in the place of each such president or officer for the purposes of the selection process. Provided, however, that a parent of a pre-kindergarten pupil shall vacate his or her membership on such community district education council where the parent no longer has a child that attends a school or pre-kindergarten program offered by a school under the jurisdiction of the community district.(2) For councils whose terms begin in two thousand twenty-one and thereafter, nine voting members shall be parents whose children are attending a school or a pre-kindergarten program offered by a school under the jurisdiction of the community district, or have attended a school under the jurisdiction of the community district within the preceding two years, and shall be elected by parents of children attending such schools and pre-kindergarten programs in accordance with a process developed by the chancellor pursuant to subdivision eight of this section. Provided, however, that a parent of a pre-kindergarten pupil shall vacate his or her membership on such community district education council when the parent no longer has a child that attends a school or pre-kindergarten program offered by a school under the jurisdiction of the community district.(b) Two voting members shall be appointed by the borough presidents corresponding to such district. Such appointees shall be residents of, or own or operate a business in, the district and shall be individuals with extensive business, trade, or education experience and knowledge, who will make a significant contribution to improving education in the district. Such members shall serve for a term of two years.(c) One voting member shall be a parent whose child is attending a district seventy-five school or program, or has attended a district seventy-five school or program within the preceding two years, and shall be elected by parents of children attending such schools or programs in accordance with a process developed by the chancellor. Such member shall serve for a term of two years.(d) Two non-voting members who are high school seniors residing in the district, shall be appointed by the superintendent from among the elected student leadership. Such members shall serve for a one year term. Members shall not be paid a salary or stipend, but shall be reimbursed for all actual and necessary expenses directly related to the duties and responsibilities of the community council.
2. For the initial community council, such members must be selected on or before October thirty-first, two thousand three, with terms commencing on December first, two thousand three. Thereafter, commencing in May of two thousand five, the selection or election of community council members shall occur on the second Tuesday in May, with terms commencing on the following July first.3. Each such council shall select one of its voting members to serve as chair.4. Notwithstanding any provisions of law to the contrary, the community district education council may appoint an administrative assistant, pursuant to the policies of the city board, who shall perform the following functions: (a) prepare meeting notices, agendas and minutes; (b) record and maintain accounts of proceedings and other council meetings; and (c) prepare briefing materials and other related informational materials for such meetings. Each council shall be responsible for the appointment, supervision, evaluation and discharge of the administrative assistant.5. No person may serve on more than one community council or on the city-wide council on special education, the city-wide council on English language learners, the city-wide council on high schools, or the city-wide council on district seventy-five and a community council. A member of a community council shall be ineligible to be employed by the community council of which he or she is a member, any other community council, the city-wide council on special education, the city-wide council on English language learners, the city-wide council on high schools, the city-wide council on district seventy-five, or the city board. No person shall be eligible for membership on a community council if he or she holds any elective public office or any elective or appointed party position except that of delegate or alternate delegate to a national, state, judicial or other party convention, or member of a county committee. A person may be permanently ineligible for appointment to any community district education council for any of the following:
(a) an act of malfeasance directly related to his or her service on the city-wide council on special education, the city-wide council on English language learners, the city-wide council on high schools, the city-wide council on district seventy-five, community school board or community district education council; or (b) conviction of a crime, provided that any such conviction shall be considered in accordance with article twenty-three-A of the correction law. Any decision rendered by the chancellor or the city board with respect to the eligibility or qualifications of the nominees for community district education councils must be written and made available for public inspection within seven days of its issuance at the office of the chancellor and the city board. Such written decision shall include the factual and legal basis for its issuance and a record of the vote of each board member who participated in the decision, if applicable.
6.(a) In addition to the conditions enumerated in the public officers law creating a vacancy, a member of a community district education council who refuses or neglects to attend three meetings of such council of which he or she is duly notified, without rendering in writing a good and valid excuse therefore vacates his or her office by refusal to serve. Each absence and any written excuse rendered shall be included within the official written minutes of such meeting. After the third unexcused absence the community council shall declare a vacancy to the chancellor.(b)(1) Vacancies in positions that were not appointed by a borough president or elected by parents of children attending district seventy-five schools or programs shall be filled for an unexpired term by the community district education council after consultation with the presidents' council or other consultative body representing parents' associations and other educational groups within the district. Recommendations made by such parents and other educational groups shall be submitted in writing and included within the record of the meeting at which the vacancy is filled.(2) If such vacancy results in the council not having at least one member who is a parent of a student who is an English language learner or who has been an English language learner within the preceding two years, or results in the council not having at least one member who is a parent of a student with an individualized education program, the community council shall select a parent having such qualifications to fill the vacancy.(c) If the vacancy is not filled by the community council within sixty days after it is declared due to a tie vote for such appointment, the chancellor shall vote with the community council, to break such tie vote. If the community council has failed to fill the vacancy within sixty days after it is declared because of any other reason, the chancellor shall order the community council to do so pursuant to section twenty-five hundred ninety-1 of this article.(d) Where a vacancy occurs in a position appointed by a borough president, the borough president shall appoint a member to serve the remainder of the unexpired term.(e) Where a vacancy occurs in a position elected by parents of children attending district seventy-five schools or programs, the chancellor shall develop a process for parents of children attending district seventy-five schools or programs to select a member to serve the remainder of the unexpired term.7.(a) Each community council shall prepare and submit to the city board a performance report every month. The information provided shall include community council members' attendance records; participation in community council committees and other community council activities; visits to schools; and voting records on major issues before the community council.(b) The city board shall review and consolidate the performance reports into one comprehensive city district-wide report, which shall be disseminated to the community and the media semiannually.8. The chancellor shall: (a) develop a process to ensure a uniform election process for parent associations and parent-teacher associations. Such process shall ensure uniformity with respect to timing of elections and the structure and size of the body.(b) develop a process for nomination of candidates for community council membership. Such process will outline in detail the procedure which must be followed to present a name for consideration, may include qualifications and prohibitions in addition to those outlined in this section and may allow for an interview process for nominees.(c)(1) develop selection procedures for community council members which shall attempt to ensure membership that reflects a representative cross-section of the communities within the school district and diversity of the student population including those with particular educational needs, shall include consideration of the enrollment figures within each community district and the potential disparity of such enrollment from school to school within the district, and shall ensure that, to the extent possible, a school may have no more than one parent representative on the community council. Such procedures shall ensure that at least one position on the community council is filled by a parent of a student who is an English language learner or who has been an English language learner within the preceding two years, and at least one position is filled by a parent of a student with an individualized education program, and shall allow for the seven remaining positions to be filled by parents who are otherwise eligible;(2) after reviewing the recommendations of the task force described in subdivision nine of this section, develop election procedures for community council members which shall attempt to ensure membership that reflects a representative cross-section of the communities within the school district and diversity of the student population including those with particular educational needs, shall include consideration of the enrollment figures within each community district and the potential disparity of such enrollment from school to school within the district, and shall ensure that, to the extent possible, a school may have no more than one parent representative on the community council. Such measures shall ensure that at least one position on the community council is filled by a parent of a current student who is or has been at any time an English language learner, and at least one position is filled by a parent of a student who has or has at any time had an individualized education program, and shall allow for the seven remaining positions to be filled by parents who are otherwise eligible. Such election procedures shall ensure that no candidate is elected by a margin of less than one vote.(d) promulgate rules and regulations requiring financial disclosure by the nominees and policies prohibiting political endorsements of and campaign contributions to nominees.(e) beginning in January of each school year and continuing until the date of selection, ensure the distribution of guides to parents in addition to information regarding community council roles, functions, and activities, including upcoming parents' association and parent-teacher association elections, candidate information, and the nature of the selection or election process. Prior to the adoption of the processes, procedures, rules or regulations set forth in this subdivision, the chancellor shall ensure that there is an inclusive public process which allows for sufficient public input from parents and the community including public hearings. All such processes, procedures, rules or regulations must be final in sufficient time to assure for an orderly implementation and notification of such processes, procedures, rules or regulations to allow for full community participation in the nomination and selection processes and procedures.
9. The mayor shall appoint a task force on community district education councils consisting of parents whose child or children are attending a public school within the community districts and other members with relevant expertise. The task force shall review the eligibility criteria to serve on a community district education council, the process for selecting community council members, and their terms of office. The task force shall submit a report concerning its findings and recommendations to the mayor and the chancellor by November first, two thousand nineteen.Amended by New York Laws 2024, ch. 56,Sec. ZZ-7, eff. 4/20/2024.Amended by New York Laws 2024, ch. 56,Sec. ZZ-6, eff. 4/20/2024.Amended by New York Laws 2024, ch. 56,Sec. ZZ-3, eff. 4/20/2024.Amended by New York Laws 2022, ch. 364, Secs. 3, 9, 10 eff. 6/30/2022.Amended by New York Laws 2019, ch. 59, Secs. YYY-43-c, YYY-42 eff. 4/12/2019.Amended by New York Laws 2019, ch. 55, Sec. II-B-2, eff. 4/12/2019.Amended by New York Laws 2017, ch. 61, Sec. G-1, eff. 6/29/2017.Amended by New York Laws 2017, ch. 59, Sec. YYY-19, eff. 4/1/2017.Amended by New York Laws 2016, ch. 73, Sec. O-1, eff. 6/23/2016.Amended by New York Laws 2015, ch. 20, Sec. B-D-1 and Sec. B-D-2, eff. 6/26/2015.Amended by New York Laws 2014, ch. 103, Secs. 1, 2 eff. 7/22/2014.This section is set out more than once due to postponed, multiple, or conflicting amendments.