Buffalo Mayor Controls Schools

Section 1. Short title. This act shall be known and may be cited as the "city of Buffalo school district governance reform act".

§ 2. The education law is amended by adding a new article 52-B to read as follows:

ARTICLE 52-B

CITY OF BUFFALO SCHOOL DISTRICT SYSTEM Section 2591-a. Application of article.

2591-b. Definitions.

2591-c. Board of education; composition.

2591-d. Board of education; powers and duties.

2591-e. Superintendent of schools; appointment; powers and

duties.

2591-f. Community schools advisory councils; composition; powers

and duties.

2591-g. Appointment of teachers, administrators, supervisors and

other employees.

2591-h. School principals; selection process; powers and duties.

2591-i. Budgetary and fiscal processes.

2591-j. Custody and disbursement of funds.

§ 2591-a. Application of article. This article shall apply to the city school district of the city of Buffalo.

§ 2591-b. Definitions. As used in this article, the following terms shall mean:

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD05528-01-7

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1. Board of education. The term "board of education" or "board" shall mean the board of education of the city school district of the city of Buffalo, established pursuant to section twenty-five hundred ninety-one-c of this article.

2. City. The term "city" shall mean the city of Buffalo.

3. City district. The term "city district" shall mean the city school district of the city of Buffalo.

4. Common council. The term "common council" shall mean the common council of the city of Buffalo.

5. Commissioner. The term "commissioner" shall mean the commissioner of the state education department.

6. Council district. The term "council district" shall mean the six districts into which the city of Buffalo is divided pursuant to the charter of such city for the purposes of electing district council members.

7. Community schools advisory council. The term "community schools advisory council" or "advisory council" shall mean the advisory council established pursuant to section twenty-five hundred ninety-one-f of this article.

8. Mayor. The term "mayor" shall mean the mayor of the city of Buffalo.

9. Superintendent or superintendent of schools. The term "superintendent" or "superintendent of schools" shall mean the superintendent of the city school district of the city of Buffalo.

§ 2591-c. Board of education; composition. 1. The board of education of the city of Buffalo is hereby continued. Such board may be commonly known and referred to as the education commission of the city of Buffalo.

2. The board shall consist of nine members appointed by the mayor.

(a) The mayor shall make every effort to appoint a member from each council district.

(b) Every member shall be a resident of the city.

(c) All members shall possess extensive educational, educational administration, health or mental health, business or trade experience and knowledge, or is capable of making a significant contribution to improving the education of the students of the city district.

3. All members shall serve two year terms. All members shall serve at the pleasure of the appointing authority. A member may be removed from office by the appointing authority during his or her term for good cause shown, after notice and opportunity to be heard. A member who refuses or fails to attend three successive meetings of such board vacates his or her office by refusal to serve. Any vacancy shall be filled by the appointing authority within thirty days of the vacancy.

4. Members shall be paid a salary of not more than $5,000 per annum, and shall be reimbursed for all actual and necessary expenses directly related to the duties and responsibilities of the board.

5. (a) No person shall be eligible for the office of member of the board who is not a qualified voter under section 5-102 of the election law of such city school district. No person shall hold at the same time the office of member of the board and any other elective office nor shall such person be a candidate for any other elective office at the same time he or she is a member of the board.

(b) No member of the board shall be employed by the city or the city district or shall be a member of any public corporation, authority, commission or entity in which the mayor has a majority of appointments.

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6. The board shall hold at least one regular public meeting per month. The board shall consider appropriate public accommodations when selecting a venue so as to maximize participation by parents and the community. Notice of the time, place and agenda for all board regular public meetings shall be publicly provided, including via the board's official internet web site, at least ten business days in advance of such meeting.

7. All members shall be required to prepare and file financial disclosure statements pursuant to the charter of the city of Buffalo.

§ 2591-d. Board of education; powers and duties. 1. The board shall advise the superintendent on matters of policy affecting the welfare of the city school district and its pupils. The board shall exercise no executive power and perform no executive or administrative functions.

2. The board shall perform any duty imposed upon boards of education or trustees of common schools under this chapter or other statutes, or the rules of the regents and regulations of the commissioner so far as they may be applicable to the school or other educational affairs of a city, and not inconsistent with the provisions of this article.

3. Except as otherwise provided in this article, the board shall for all purposes be the government or public employer of all persons appointed or assigned to work for the city district.

4. The board shall also have the power and duty to:

(a) approve standards, policies, and objectives proposed by the superintendent directly related to educational achievement and student performance;

(b) approve any other standards, policies, and objectives as specifically authorized or required by federal or state law or regulation;

(c) approve a protocol developed by the superintendent relating to school closures pursuant to section twenty-five hundred ninety-one-e of this article;

(d) approve a procurement policy developed by the superintendent pursuant to section twenty-five hundred ninety-one-e of this article;

(e) approve the purchase of such apparatus, maps, globes, books, furniture and other equipment and supplies as may be necessary for the proper and efficient management of the schools and other educational, social and recreational activities and programs in the city district;

(f) approve a plan developed by the superintendent to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for each student with a disability, as defined in section forty-four hundred one of this chapter, and for each student who is a qualified individual with a disability as defined in the rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701), as amended, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students. As part of such plan, the superintendent shall amend the city district's procurement policies to give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. For purposes of this subdivision, "alternative format" shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in an approved format, as defined in the regulations of the commissioner. When an electronic file is provided, the plan shall specify how the format will be accessed by students and/or how the district shall

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convert to an accessible format. Such plan shall identify the needs of students residing in the district for alternative format materials. Such plan shall also specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials. Such plans shall include procedures to address the need to obtain materials in alternative format without delay for disabled students who move into the school district during the school year;

(g) approve the establishment of such free elementary schools, high schools, community schools, training schools, vocational and industrial schools, kindergartens, nursery schools, technical schools, night schools, part-time or continuation schools, vocation schools, schools for adults, schools for physically or mentally handicapped or delinquent children or such other schools or classes as the superintendent shall deem necessary to meet the needs and demands of the city;

(h) authorize the general courses of study which shall be given in the schools and to approve the content of such courses before they become operative;

(i) authorize and approve the textbooks to be used in the schools under its jurisdiction;

(j) perform such other duties and possess such other powers as may be required to administer the affairs placed under its control and management, to execute all powers vested in it, and to promote the best interests of the students, schools and other activities committed to its care;

(k) approve transportation, home-teaching or special classes, as defined under sections forty-four hundred one and forty-four hundred two of this chapter for physically or mentally handicapped and delinquent children. Such transportation, home-teaching or special classes, when provided pursuant to this subdivision, shall be granted to all such children irrespective of the school they legally attend;

(l) approve any contract proposed by the superintendent for the transportation of children to and from any school or institution of learning whenever in the judgment of the superintendent such transportation is required because of the remoteness of the school to the pupil or for the promotion of the best interests of such children. Any such contract may be made for a period not exceeding five years, notwithstanding any provision of state or local law;

(m) approve, outside the territorial limits of the city district but within the state or within an adjoining state, the provision of education for children resident within the city district whenever in the judgment of the board, approved by the commissioner, the health or welfare of such children makes such provision necessary or desirable, and the average daily attendance of such pupils shall be included in the average daily attendance of such district as certified to the commissioner in the report of the board;

(n) approve the process developed by the superintendent for the recruitment, screening and selection of candidates for school principals; and

(o) approve the processes developed by the superintendent for the selection of members to the community schools advisory councils pursuant to section twenty-five hundred ninety-one-f of this article.

5. The board shall adopt a policy proposed by the superintendent that promotes the recruitment and retention of a workforce at the city district that considers the diversity of the students attending the public schools within the city district. The board shall review at a regular public meeting an annual report issued by the superintendent

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outlining the initiatives taken to enhance diversity and equity in recruitment and retention and the impacts of such initiatives to the city workforce.

§ 2591-e. Superintendent of schools; appointment; powers and duties. 1. The superintendent of schools shall be appointed by the mayor. The superintendent may be removed by the appointing authority without prior approval.

2. The superintendent shall have the following powers and duties:

(a) To be the chief executive officer of the city district, and shall be a non-voting ex officio member of the board.

(b) Control and operate all pre-kindergarten, elementary, secondary and special education schools, programs and services under the jurisdiction of the city district.

(c) Promulgate minimum clear educational standards, curriculum requirements and frameworks and mandatory educational objectives applicable to all schools and programs throughout the city district, and examine and evaluate periodically all such schools and programs with respect to:

(i) compliance with such educational standards and other requirements, and

(ii) the educational effectiveness of such schools and programs, in a manner not inconsistent with the policies of the board.