Chapter 20: Education

Section 520.

Section 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.

Section 521. Property under board of education; care and control; suits in regard thereto.

1. 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.
2. Suits in relation to such property shall be brought in the name of the board of education.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. 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.

Section 522. Reports of department.

1. 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.
2. 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.
3. 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.

4. 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.

5. 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.

6. 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.
7. 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.

Section 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 524.

Section 524. School officers not to be interested in contracts; removal.

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.

Section 526-a. Powers of investigation.

1. 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.
2. 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.
3. 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.
4. 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.
5. The police department shall promulgate all rules necessary to implement the provisions of this section.
6. 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.

Section 527. Changes in state law.

This chapter shall not prevent the city from exercising any power now or hereafter conferred by law.

Section 528.

Section 528. The installation and operation of security cameras and other security measures in New York city public schools.

1. Installation of security cameras and door alarms. The department of education, in consultation with the police department, shall install security cameras and door alarms at schools and consolidated school locations operated by the department of education where the chancellor, in consultation with the police department, deems such cameras and door alarms 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. Door alarms may be placed at the discretion of the department of education, in consultation with the police department, at the exterior doors of school buildings under the jurisdiction of the department of education, including buildings serving grades pre-kindergarten through five or a district 75 program. Such alarms should provide an audible alert indicating an unauthorized departure from the school building. For the purposes of this section, “district 75 program” shall mean a department of education program that provides educational, vocational, and behavioral support programs for students with severe disabilities from pre-kindergarten through age twenty-one.
2. Schedule of installation for cameras. 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 two thousand six, 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 two thousand six, 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.
3. Schedule of installation for door alarms. The department of education, in consultation with the police department, shall evaluate and set priorities for the installation of door alarms, as set forth in subdivision a. By May thirtieth, two thousand fifteen, the department of education shall complete such evaluation for all schools under its jurisdiction, including buildings serving grades pre-kindergarten through five or a district 75 program. By such date, the department of education shall submit a report to the speaker of the council that describes the results of the evaluation conducted pursuant to this subdivision, including, but not limited to, a list of the school buildings where the installation of door alarms has been deemed to be an appropriate safety measure and a timeline for such installation.
4. Training. Not later than May thirtieth, two thousand fifteen, and annually thereafter, the department of education shall submit to the speaker of the council a report regarding training on student safety protocols for department of education personnel. Such report shall include, but need not be limited to: (1) general details on the type and scope of the training administered, (2) the intended audience for each training, and (3) whether such training was mandatory for certain personnel.

Section 529.

Section 529. Education department and police department school incident reporting requirements.

1. 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.
2. 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.
3. 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.
4. 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*.

Section 530. Reporting requirements.*

1. 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.

• Editor’s note: there are two sections numbered as Section 530.

Section 530*.

Section 530. Reporting of information concerning out-of-state facility placement.*

1. 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.

2. 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.

3. 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.
4. 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: there are two sections numbered as Section 530.

Section 530-b.

Section 530-b. Student discharge reporting data.

1. 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.

2. 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.

3. 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.

Section 530-c. Student graduation reporting data.

1. 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.

2. 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.

3. 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.

Section 530-d. Notification requirements, PCBs.

1. 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.

2. 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.
3. 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.
4. 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.

Section 530-e. PCB reporting data.

1. 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.

2. 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.
3. 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.
4. 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.

Section 530-f. Instructional arts requirements data.

1. 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.

2. 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.

3. 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.
4. 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.
5. 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.