Title 21-A: Education

Chapter 1: Definitions

§ 21-950 Definitions.

Whenever used in this title, unless otherwise specified, the following terms shall have the following meanings:

“Chancellor” shall mean the chancellor of the city school district of the city of New York.

“Department” shall mean the New York city department of education.

“English language learner” or “ELL” shall mean a student with limited English proficiency as defined in section 154-1.2 of title 8 of the official compilation of the codes, rules and regulations of the state of New York or any successor regulations.

“Individualized education program” or “IEP” shall have the same meaning as set forth in 20 U.S.C. § 1401 and any regulations promulgated thereto.

“Special education services or programs” or “special education services” shall mean specialized instructional services provided by a certified special education teacher or reading teacher.

“Student” shall mean any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a district school or charter school within the city district, not including pre-kindergarten students.

Chapter 2: Reporting On Co-located Schools

§ 21-951 Annual reporting on co-located schools.

  1. For the purposes of this section, the term “co-located school” shall mean any public school serving students in the elementary, middle or high school grades, or any combination thereof, including any charter school, which shares space with another public school in a building within the city school district of the city of New York.
  2. Not later than the thirtieth day of August of the year 2015 and annually thereafter, the department shall submit to the council and post on the department’s website a report regarding information on all co-located schools for the prior school year. Such report shall include, but not be limited to, (i) a comparison of demographic information including, but not limited to race, ethnicity, English language learner status, special education status, and the percentage of students eligible for the free and reduced price lunch program and (ii) information regarding student academic performance, including but not limited to, student scores received on state examinations.
  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.

Chapter 3: Reporting On Guidance Counselors and social Workers

§ 21-952 Annual reporting on guidance counselors and social workers.

  1. For the purposes of this section, the following terms shall have the following meanings:

   1. “Guidance counselor” means any personnel, licensed and certified by New York state as a school counselor, hired to provide individual or group counseling assistance to students in the elementary, middle, or high school grades, within the city school district of the city of New York.

   2. “Social worker” means any personnel, licensed and certified by New York state as a school social worker, hired to provide individual or group counseling assistance to students in the elementary, middle, or high school grades, within the city school district of the city of New York.

   3. “Individualized education program (IEP)” means a written statement, developed, reviewed and revised in accordance with section 200.4 of title 8 of the compilation of codes, rules, and regulations of the state of New York, provided to meet the unique educational needs of a student with a disability.

  1. Not later than February 15, 2015, and annually thereafter, the department shall submit to the council and post on the department’s website a report of information regarding guidance counselors and social workers for the current school year. Such report shall include, but not be limited to: (i) the number of full and part-time guidance counselors and social workers in each school, (ii) the guidance counselor and social worker to student ratio in each school, (iii) whether the guidance counselor or social worker is providing counseling assistance to more than one school, (iv) the number of guidance counselors and social workers who provide counseling services as mandated by an IEP as of December 15 of the current school year, (v) the number of staff in each school who received professional development or training in postsecondary planning as of the prior school year, and (vi) the number of licensed and certified bilingual guidance counselors and social workers in each school. Such report shall also include the number of guidance counselors and social workers in the absent teacher reserve pool for grades seven through twelve, and information regarding any guidance memorandums issued by the department regarding college preparedness. Such report shall include demographic information for students in each school, including, but not limited to race, ethnicity, English language learner status, special education status, and the percentage of students eligible for free and reduced price lunch pursuant to guidelines promulgated by the United States department of agriculture.
  2. 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.

Chapter 4: Environmental Data Reporting

§ 21-954 Environmental data reporting.

  1. For the purposes of this section:

   “Contaminant” shall mean any element, substance, compound or mixture that, after release into the environment, upon exposure, ingestion, inhalation, or assimilation into any organism will or may reasonably be anticipated to cause illness, death or deformation in any organism; “contaminant” shall also include any physical, chemical, biological, or radiological substance or matter in water.

    “Environmental report” shall mean any final, written report concerning the environmental assessment, investigation or remediation of any public school or any proposed public school prepared by or at the request of the department or the New York city school construction authority, including but not limited to any report on the quality of the air, soil, water, or indoor environment conducted pursuant to a consent order or agreement with the United States environmental protection agency, the United States department of labor, the New York state department of environmental conservation, the New York state department of health, or the New York state department of labor that is submitted by the department or the New York city school construction authority to such federal or state agency.

   “Hazardous substances” shall mean listed hazardous substances as set forth in 40 CFR part 302.4 or any successor regulations.

   “Maximum level” shall mean the maximum level set forth in applicable regulatory guidelines established by the United States environmental protection agency, the United States department of labor, the New York state department of health, the New York state department of environmental conservation, the New York state department of labor or the department of environmental protection or, if no such applicable regulatory guidelines have been established, the acceptable level for a substance as determined by the department or the New York city school construction authority, based on current industry standards and relevant published scientific data and guidance. For the purposes of this section, maximum levels shall include but shall not be limited to indoor air contamination which equals the maximum allowed by air guidance values set forth by the New York state department of health, soil gas under or within one hundred feet of a public school which equals the maximum allowed by guidance levels set forth by the New York state department of health, soil contamination which equals the maximum allowed by guidance levels set forth by the New York state department of environmental conservation in subpart 375.6 of title 6 of the official compilation of codes, rules and regulations of the state of New York or successor regulations, and the maximum allowed contaminant level of a contaminant in water delivered to any user of a public water system, including groundwater at or within one hundred feet of a public school, as set forth in subpart 5-1 of part 5 of title 10 of the official compilation of codes, rules and regulations of the state of New York or successor regulations.

   “Pollutant” shall mean any substance the emissions of which cause or contribute to air pollution, as set forth in 40 CFR part 50 or any successor regulations.

   “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 pre-kindergarten through grade twelve and any grounds adjacent to a building owned or leased by the department in which a school is located.

   “Proposed public school” shall mean property for which the department or the New York city school construction authority has executed a lease agreement for the siting of a public school.

   “Reportable environmental inspection” shall mean any environmental inspection conducted in or adjacent to an occupied or unoccupied public school or proposed public school by or under the direction of the department or the New York city school construction authority, including any inspection conducted at the request of the United States environmental protection agency, the United States department of labor, the New York state department of environmental conservation, the New York state department of health, or the New York state department of labor or pursuant to a consent order or agreement by or with a regulatory agency, to determine the quality of the air, soil, water, or indoor environment, and that yields results that exceed maximum levels based on industry standards and current scientific data. Such inspections shall include, but not be limited to, any visual inspection or sampling test conducted to assess the presence of contaminants, hazardous substances, or pollutants. Such inspections shall not include testing or inspections for asbestos, lead or polychlorinated biphenyls. Such inspections shall also not include environmental inspections that yield results that exceed maximum levels when the department, the New York city school construction authority or their consultants reasonably expect such levels to return to at or below maximum levels through ventilation or cleaning within twenty-four hours, provided that the results that exceed maximum levels have returned to at or below maximum levels within such twenty-hour period and have not occurred in substantially the same space within the previous year.

  1. The department shall notify the parents of current students and the current employees of any public school that has been the subject of a reportable environmental inspection or environmental report. Notwithstanding the above, such notification shall not include the results of any environmental inspection or environmental report for polychlorinated biphenyls, asbestos or lead, except to the extent such notification is otherwise required by federal, state or local law; provided that, the department shall notify such parents and employees when an inspection for asbestos, lead or polychlorinated biphenyls has shown the presence of contaminants, hazardous substances or pollutants other than asbestos, lead or polychlorinated biphenyls that exceeds the maximum levels for such contaminants, hazardous substances or pollutants. The department shall also make reasonable efforts to notify the parents of former students and former employees of any school for which notification is required pursuant to this subdivision.
  2. The department shall notify the directors of all afterschool programs under the jurisdiction of the department, including but not limited to, any athletic programs, known to utilize any school building or other school property for which notification is required pursuant to subdivision b of this section.
  3. The department shall notify all local elected officials, community education councils and local community boards representing the district of any school for which notification is required pursuant to subdivision b of this section.
  4. Any notification required pursuant to subdivisions b, c or d of this section shall occur within ten days of receipt of the results that trigger such notification requirement; provided that if such results are received during a scheduled school vacation period exceeding five days, such notification shall occur no later than ten days following the end of such period. Such notification shall include, but not be limited to, written notification by electronic mail for all parents, elected officials, employees, after school program directors, and other individuals who opt to receive notification in such manner.
  5. The department shall conspicuously post a link to any environmental report or reportable environmental inspection on the department’s website within ten days of receipt of such report or inspection. Such reports or reportable inspections shall be searchable by school, community school district, council district and borough.
  6. Not later than November first, two thousand fifteen and annually thereafter, the department shall submit to the council and conspicuously post to its website a report regarding the results of any reportable environmental inspection and environmental report concerning any public school including any report required pursuant to federal or state law or by any regulatory agency. The report shall include, but need not be limited to:

   1. A summary of any reportable environmental inspections or environmental reports for the prior school year, including, but not limited to, information regarding any inspection and sampling of groundwater, ambient air, gas, soil, soil gas, and dust, unless such reporting is already required by local law.

   2. Information regarding any investigative or remedial work conducted by the department, in response to any reportable environmental inspection, to mitigate the effects of any air, soil, water, or indoor environment condition including, but not limited to, measures taken to address the presence of hazardous substances, contaminants and pollutants that exceed maximum levels, the timeframe within which such action was taken, the timeframe within which employees and parents of students were notified of such action, and information regarding whether such air, soil, water, or indoor environment condition was resolved as a result of such action.

   3. Information regarding any reportable environmental inspection or any environmental report related to the overall progress of the department’s efforts to improve air quality in public schools, including any reportable environmental inspection for air quality related to school renovations, including, but not limited to, the replacement of ceilings.

   4. The current status of any site subject to a consent order or agreement with the United States environmental protection agency, the New York state department of environmental conservation or the New York state department of health.

   5. All information required by this subdivision shall be aggregated citywide, as well as disaggregated by school, community school district, council district and borough.

Chapter 5: Reporting on Students Receiving Special Education Services

§ 21-955 Reporting on special education services.

  1. For the purposes of this section, the following terms have the following meanings:

   Academic period. The term “academic period” means the period beginning July 1 of the current calendar year until and including June 30 of the following subsequent calendar year.

   Committee on preschool special education. The term “committee on preschool special education” has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations.

   Committee on special education. The term “committee on special education” has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations.

   Date of consent. The term “date of consent” means the date on which the department received written consent to conduct an initial evaluation from the parent or person in parental relation.

   Date of referral for reevaluation. The term “date of referral for reevaluation” means the date on which the department received a referral or referred a student with a disability for a reevaluation.

   Home language. The term “home language” means the language most frequently used in the student’s home, as indicated by the response provided by the parent or person in parental relation on the home language questionnaire as that term is defined in section 154-2.2 of title 8 of the New York codes, rules and regulations.

   Individualized education program. The term “individualized education program” or “IEP” has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations.

   IEP meeting. The term “IEP meeting” means a meeting of the committee on special education or committee on preschool special education for the purpose of determining whether the student is a student with a disability and for the purpose of developing an IEP for any such student with a disability.

   Initial evaluation. The term “initial evaluation” means an evaluation to determine if a student is a student with a disability, conducted pursuant to sections 4401-a, 4402 and 4410 of the education law and section 200.4 of title 8 of the New York codes, rules and regulations.

   Integrated special class program. The term “integrated special class program” has the same meaning as set forth in section 200.9 of title 8 of the New York codes, rules and regulations.

   Preschool student. The term “preschool student” means a child aged three to five who is not enrolled in kindergarten.

   Preschool student with a disability. The term “preschool student with a disability” has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations.

   Reevaluation. The term “reevaluation” means an evaluation of a student with a disability conducted pursuant to section 4402 of the education law and section 200.4 of title 8 of the New York codes, rules and regulations, provided that such term shall not include a three-year reevaluation.

   Related services. The term “related services” has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations.

   Reporting period. The term “reporting period” means, as applicable, the period between July 1 of the prior calendar year until and including October 31 of the prior calendar year, for the report due on February 1; the period between November 1 of the prior calendar year until and including March 31 of the current calendar year, for the report due on June 1 and the period between April 1 of the current calendar year and June 30 of the current calendar year, for the report due on September 1 of the current calendar year.

   School. The term “school” means 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.

   Service recommendation. The term “service recommendation” means the type of services outlined in an individualized education program, including consultant teacher services, resource room programs, integrated co-teaching services, and special class as such terms are defined in section 200.1 of title 8 of the New York codes, rules and regulations.

   Special class. The term “special class” has the same meaning as set forth in section 200.1 of title 8 of the New York codes, rules and regulations.

   Special education itinerant services. The term “special education itinerant services” has the same meaning as set forth in paragraph (k) of subdivision 1 of section 4410 of the education law.

   Student. The term “student” means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school as school is defined in this subdivision, not including a pre-kindergarten student or a preschool child as preschool child is defined in section 4410 of the education law.

   Student in temporary housing. The term “student in temporary housing” means a student who has been identified by the department as a “homeless child” as such term is defined in section 100.2 of title 8 of the New York codes, rules and regulations.

   Student with a disability. The term “student with a disability” has the same meaning as set forth in section 4401 of the education law.

   Three-year reevaluation. The term “three-year reevaluation” means a reevaluation that occurs at least once every three years unless otherwise agreed as set forth in section 200.4 of title 8 of the New York codes, rules and regulations.

  1. The department shall submit to the speaker of the council and post on the department’s website an annual report regarding the evaluation of students, not including preschool students, for special education services and the provision of such services during the preceding academic period, which shall include, but shall not be limited to the following information:

   1. the number of referrals for initial evaluations and reevaluations pursuant to section 200.4 of title 8 of the official compilation of the codes, rules and regulations of the state of New York, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level;

   2. the number of initial evaluations conducted, including the number of such evaluations that resulted in a determination that the student was a student with a disability;

   3. the number of IEP meetings that were convened less than or equal to sixty calendar days from the date of consent, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level;

   4. the number of IEP meetings that were convened more than sixty calendar days from the date of consent, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level;

   5. the number of reevaluations conducted, including the number of reevaluations that resulted in a determination that the student was no longer a student with a disability;

   6. the number of IEP meetings that were convened less than or equal to sixty calendar days from the date of referral for reevaluation, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level;

   7. the number of IEP meetings that were convened more than sixty calendar days from the date of referral for reevaluation, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level;

   8. (i) the total number of students who have an IEP as of June 30 of the reported academic period, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, grade level, disability classification and school; and

      (ii) the total number of students within each disability classification referenced in subparagraph (i) as of June 30 of the reported academic period, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level;

   9. the average number of school days between the date the department receives consent from the parent or person in parental relation for the initial provision of special education services as set forth in section 200.5(b)(1)(ii) of title 8 of the official compilation of the codes, rules and regulations of the state of New York and the date the department issues notice of the school that will implement the IEP, provided that this information shall only be reported when the parent or person in parental relation has not consented to defer implementation of the IEP until the following semester or the following school year, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level;

   10. the following information, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level:

      (i) the number of reevaluations that resulted in an IEP recommendation of more periods per week in a special class than the student’s previous IEP recommendation;

      (ii) the number of reevaluations that resulted in an IEP recommendation of fewer periods per week in a special class than the student’s previous IEP recommendation;

      (iii) the number of reevaluations that resulted in an IEP recommendation of removal from a school that serves students who are not students with disabilities and placement in a separate school for a student not previously recommended for such placement; and

      (iv) the number of reevaluations that resulted in an IEP recommendation of placement in a school that serves students who are not students with disabilities for a student previously recommended for placement in a separate school;

   11. the number of three-year reevaluations conducted, including the number of such evaluations that were timely conducted, disaggregated by district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, English Language Learner status, recommended language of instruction, and grade level;

   12. the number and percentage of students, disaggregated by service recommendation, school and community school district, who were receiving special education services:

      (i) in full compliance with their IEPs by the end of the academic period; and

      (ii) in partial compliance with their IEPs by the end of the academic period;

   13. the number and percentage of students, disaggregated by service recommendation, school and community school district, who, by the end of the academic period, were receiving in full the services enumerated in subparagraphs (a) through (h) of this paragraph as recommended on their IEPs, the number and percentage of students who as of the end of the academic period were receiving in part such services, and the number and percentage of students who were awaiting the provision of such services:

      (a) Monolingual speech therapy;

      (b) Bilingual speech therapy;

      (c) Monolingual counseling;

      (d) Bilingual counseling;

      (e) Occupational therapy;

      (f) Physical therapy;

      (g) Hearing education services;

      (h) Vision education services;

      (i) Assistive technology services; and

      (j) Special transportation services.

   14. The number and percentage of students, disaggregated by service recommendation, school and community school district, who have a behavioral intervention plan; and

   15. the number and percentage of students with IEPs who are recommended for participation in the general education curriculum for:

      (i) 80% or more of the day;

      (ii) 40-79% of the day; and

      (iii) less than 40% of the day.

  1. The annual report required by subdivision (b) of this section shall be submitted and posted no later than November 1, provided that the first report, reporting data for the academic period beginning July 1, 2014 and ending June 30, 2015, shall be submitted and posted no later than February 29, 2016, and the second report, reporting data for the academic period beginning July 1, 2015 and ending June 30, 2016, shall be submitted and posted no later than November 1, 2016.
  2. The report required by subdivision b of this section shall also include, to the extent practicable, a narrative description of the provision of special education services for students enrolled in district 79 schools and programs.

e.*   Beginning on September 1, 2020, the department shall also submit to the speaker of the council and post on the department’s website a report regarding the provision of special education services during the applicable reporting period, including but not limited to the following information:

  • Editor’s note: there are two subdivisions designated as e. This subdivision e. was added by L.L. 2020/017.

   1. The number and percentage of students who were receiving special education services: (i) in full compliance with their IEPs by the end of the reporting period; and (ii) in partial compliance with their IEPs by the end of the reporting period;

   2. The number and percentage of students who, by the end of the reporting period, were receiving in full the services enumerated in subparagraphs (a) through (j) of this paragraph as recommended on their IEPs, the number and percentage of students who as of the end of the reporting period were receiving in part such services, and the number and percentage of students who were awaiting the provision of such services:

      (a) Monolingual speech therapy;

      (b) Bilingual speech therapy;

      (c) Monolingual counseling;

      (d) Bilingual counseling;

      (e) Occupational therapy;

      (f) Physical therapy;

      (g) Hearing education services;

      (h) Vision education services;

      (i) Assistive technology services; and

      (j) Special transportation services.

The information required to be reported pursuant to this subdivision shall be submitted and posted no later than September 1, February 1and June 1 of each year.

e.*   The department shall submit to the speaker of the council and post on the department’s website an annual report regarding the evaluation of preschool students for special education services and the provision of such services during the preceding academic period. To the extent such information is available, such report shall include, but shall not be limited to the following information, each disaggregated by community school district, eligibility for the free and reduced price lunch program, race/ethnicity, gender, recommended language of instruction or services, home language and status as a student in temporary housing:

  • Editor’s note: there are two subdivisions designated as e. This subdivision e. was added by L.L. 2020/021.

   1. The number of referrals for initial evaluations pursuant to section 200.4 of title 8 of the New York codes, rules and regulations;

   2. The number of initial evaluations conducted, including the number of such evaluations that resulted in a determination that the child was a preschool student with a disability;

   3. The number of requests for referral for an initial evaluation pursuant to section 200.4 of title 8 of the New York codes, rules and regulations, for which the department has not received consent from the parent or person in parental relation;

   4. The number of IEP meetings that were convened less than or equal to 60 calendar days from the date of consent for initial evaluations;

   5. The number of IEP meetings that were convened more than 60 calendar days from the date of consent for initial evaluations;

   6. The total number of preschool students with a disability who have an IEP as of June 30 of the reported academic period;

   7. The number and percentage of preschool students with a disability for whom appropriate special education programs and services were arranged to be provided within 60 school days from the date of consent for initial evaluations pursuant to section 200.4 of title 8 of the New York codes, rules and regulations;

   8. The number and percentage of preschool students with a disability who, by the end of the academic period, have an IEP that recommends the following enumerated services:

      (a) Related services only;

      (b) Monolingual special education itinerant services;

      (c) Bilingual special education itinerant services;

      (d) Monolingual full-day integrated special class program;

      (e) Monolingual half-day integrated special class program;

      (f) Bilingual full-day integrated special class program;

      (g) Bilingual half-day integrated special class program;

      (h) Monolingual full-day special class, disaggregated by the following student-to-teacher-to-aid ratios:

         (1) 6:1:2;

         (2) 8:1:2;

         (3) 12:1:2; or

         (4) Other ratio;

      (i) Monolingual half-day special class, disaggregated by the following student-to-teacher-to-aid ratios:

         (1) 6:1:2;

         (2) 8:1:2;

         (3) 12:1:2; or

         (4) Other ratio;

      (j) Bilingual full-day special class, disaggregated by the following student-to-teacher-to-aid ratios:

         (1) 6:1:2;

         (2) 8:1:2;

         (3) 12:1:2; or

         (4) Other ratio; and

      (k) Bilingual half-day special class, disaggregated by the following student-to-teacher-to-aid ratios:

         (1) 6:1:2;

         (2) 8:1:2;

         (3) 12:1:2; or

         (4) Other ratio.

   8. The number and percentage of preschool students with a disability who were receiving special education services in full compliance with their IEPs by the end of the academic period and in partial compliance with their IEPs by the end of the academic period;

   9. The number and percentage of preschool students with a disability who, by the end of the academic period, were receiving in full the services enumerated in subparagraphs (a) through (s) of this paragraph as recommended in their IEPs; the number and percentage of preschool students with a disability who, as of the end of the academic period, were receiving in part such services; and the number and percentage of preschool students with a disability who, as of the end of the academic period, were awaiting the provision of such services:

      (a) Monolingual speech therapy;

      (b) Bilingual speech therapy;

      (c) Monolingual counseling;

      (d) Bilingual counseling;

      (e) Occupational therapy;

      (f) Physical therapy;

      (g) Hearing education services;

      (h) Vision education services;

      (i) Special transportation services;

      (j) Monolingual special education itinerant services;

      (k) Bilingual special education itinerant services;

      (l) Monolingual full-day integrated special class program;

      (m) Monolingual half-day integrated special class program;

      (n) Bilingual full-day integrated special class program;

      (o) Bilingual half-day integrated special class program;

      (p) Monolingual full-day special class, disaggregated by the following student-to-teacher-to-aid ratios:

         (1) 6:1:2;

         (2) 8:1:2;

         (3) 12:1:2; or

         (4) Other ratio;

      (q) Monolingual half-day special class, disaggregated by the following student-to-teacher-to-aid ratios:

         (1) 6:1:2;

         (2) 8:1:2;

         (3) 12:1:2; or

         (4) Other ratio;

      (r) Bilingual full-day special class, disaggregated by the following student-to-teacher-to-aid ratios:

         (1) 6:1:2;

         (2) 8:1:2;

         (3) 12:1:2; or

         (4) Other ratio; and

      (s) Bilingual half-day special class, disaggregated by the following student-to-teacher-to-aid ratios:

         (1) 6:1:2;

         (2) 8:1:2;

         (3) 12:1:2; or

         (4) Other ratio;

   10. The number and percentage of preschool students with a disability enrolled in 3-K or Pre-K for All programs at the end of the academic period, disaggregated by grade level where available;

   11. The number and percentage of preschool students with a disability enrolled in 3-K or Pre-K for All programs who receive full services at the 3-K or Pre-K for All program where they are enrolled;

   12. The number of preschool integrated special class programs in 3-K and Pre-K for All;

   13. The number of non-public preschool special education programs approved by the state education department;

   14. The number of preschool special classes administered by the department in 3-K and Pre-K for All, including programs in district 75 schools, in total and disaggregated by the following student-to-teacher-to-aid ratios:

      (1) 6:1:2;

      (2) 8:1:2;

      (3) 12:1:2; or

      (4) Other ratio; and

   15. The number of non-public preschool special education programs approved by the state education department in total and disaggregated by the following student-to-teacher-to-aid ratio:

      (1) 6:1:2;

      (2) 8:1:2;

      (3) 12:1:2; or

      (4) Other ratio.

f.*   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 one and five students, or allows another category to be narrowed to between one and five students, the number shall be replaced with a symbol. A category that contains zero students shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.

  • Editor’s note: there are two subdivisions designated as f. This subdivision f. was added by L.L. 2020/017.

f.*   The annual report required by subdivision e of this section shall be submitted and posted no later than November 1.

  • Editor’s note: there are two subdivisions designated as f. This subdivision f. was added by L.L. 2020/021.

Chapter 6: Reporting on Demographic Data in New York City Public Schools

§ 21-956 Definitions.

For the purposes of this chapter, the following terms have the following meanings:

Over the counter. The term “over the counter” means a process of enrollment for high school students other than the citywide high school admissions process.

Performance level. The term “performance level” means the classification of test scores received on the New York state English language arts and mathematics examinations into four proficiency categories as reported by the state.

Resident in temporary housing. The term “resident in temporary housing” means satisfying the definition of “homeless child” as set forth in chancellor’s regulation A-780.

School. The term “school” means a school of the city school district of the city of New York, including charter schools under the jurisdiction of the department.

Special programs. The term “special programs” means academic programs including but not limited to gifted and talented programs in grades kindergarten through five and dual language programs in grades kindergarten through eight.

§ 21-957 Annual report on the demographics of students in grades kindergarten through eight.

Not later than December 31, 2015, and by December 1 of each year thereafter, the department shall submit to the speaker of the council and post on its website a report regarding the following:

  1. For each community school district, school within such district, special program within such school, and grade within such school, the total number of public school students enrolled in the preceding school year in grades kindergarten through eight and the number and percentage of such students who:

   1. Receive special education services;

   2. Are English language learners;

   3. Are eligible for the federal free or reduced price meals program;

   4. Reside in temporary housing;

   5. Are attending school out of the attendance zone in which the student resides; and

   6. Are attending school out of the community school district in which the student resides.

  1. The data provided pursuant to subdivision a shall be disaggregated by:

   1. Grade level;

   2. Race or ethnicity;

   3. Gender;

   4. English language learner status; and

   5. Primary home language.

  1. For students in grades three through eight, the data provided pursuant to subdivision a of this section shall indicate:

   1. The number of students who completed the New York state mathematics examination, disaggregated by performance level; and

   2. The number of students who completed the New York state English language arts examination, disaggregated by performance level.

  1. For each school and special program set forth in subdivision a of this section, the department shall report:

   1. The admissions process used by such school or special program, including but not limited to, whether admission to such school or special program is based on a lottery; a geographic zone; an audition; a screening of candidates for such school; including a detailed description of such screening; or a standardized test;

   2. Any criteria or methods that are used to supplement the admissions process, including but not limited to, preferences established under the department’s diversity in admissions pilot, composite score formulas, waitlists or a principal’s discretion;

   3. A side-by-side comparison of the racial and ethnic demographics of such school or special program with the racial and ethnic demographics of all students in grades kindergarten through eight that reside within the applicable attendance zone, and, if the applicable attendance zone is smaller than the community school district, a side-by-side comparison of the racial and ethnic demographics of the school or special program, the applicable attendance zone and the applicable community school district; and

   4. Whether such school or special program is becoming more or less similar to the racial and ethnic demographics of the applicable attendance zone and the community school district, based on the comparison required pursuant to paragraph 3 of this subdivision.

  1. For each community school district, the department shall report on whether the department made any efforts in such community school district during the preceding school year to encourage a diverse student body in its schools and special programs and, if so, the details of such efforts, including, but not limited to, strategic site selection of new schools and special programs, making recommendations to the community education council to draw attendance zones with recognition of the demographics of neighborhoods, the allocation of resources for schools and special programs, and targeted outreach and recruitment efforts.
  2. 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 one and five students, or contains an amount that would allow another category that contains between one and five students to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.
  3. The report required pursuant to this section shall, to the extent the department has such information, include data regarding charter schools located within the five boroughs.

§ 21-957.1 Annual report on high school student demographics.

Not later than December 31, 2015, and by December 1 of each year thereafter, the department shall submit to the speaker of the council and post on its website a report regarding the following:

  1. For each public high school, the total number of students enrolled in grades nine through twelve in the preceding school year and the number and percentage of such students who:

   1. Receive special education services;

   2. Are English language learners;

   3. Are eligible for the federal free or reduced price meals program;

   4. Reside in temporary housing; and

   5. Are enrolled over the counter.

  1. The data provided pursuant to subdivision a shall be disaggregated by:

   1. Grade level;

   2. Race or ethnicity;

   3. Gender;

   4. English language learner status; and

   5. Primary home language.

  1. For students in grade nine, the data provided pursuant to subdivision a of this section shall provide:

   1. The number of students who completed the New York state mathematics examination administered in eighth grade, disaggregated by performance level; and

   2. The number of students who completed the New York state English language arts examination administered in eighth grade, disaggregated by performance level.

  1. For each high school set forth in subdivision a of this section, the department shall report:

   1. The admissions process used by such school, such as whether admissions to such school is based on a lottery; a geographic zone; an audition; a screening of candidates for such school, including a detailed description of such screening; or a standardized test; and

   2. Whether other criteria or methods are used for admissions including, but not limited to, preferences established under the department’s diversity in admissions pilot, over the counter admissions, waitlists, or a principal’s discretion.

  1. The department shall report, on an individual high school level, on efforts each individual high school has taken during the preceding school year to encourage a diverse student body including, but not limited to, strategic site selection of new schools and special programs, the allocation of resources for schools and special programs, and targeted outreach and recruitment efforts.
  2. 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 one and five students, or contains an amount that would allow another category that contains between one and five students to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.

§ 21-957.2 Annual report on the demographics of students in pre-kindergarten programs operated by the department.

Not later than November 1, 2016, and by December 1 of each year thereafter, the department shall submit to the speaker of the council and post on its website a report regarding the following:

  1. For each school that offers a pre-kindergarten program, the total number of students enrolled in the preceding school year in such program, disaggregated by race or ethnicity and gender.
  2. 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 one and five students, or contains an amount that would allow another category that contains between one and five students to be deduced, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.

§ 21-958 Annual report on the demographics of school staff.

  1. Definitions. For purposes of this section, the following terms have the following meanings:

   Leadership staff. The term “leadership staff” means principals and assistant principals employed by the department.

   Other professional and paraprofessional staff. The term “other professional and paraprofessional staff” means paraprofessionals, therapists and other pedagogical staff employed by the department, including, but not limited to guidance counselors, social workers and school psychologists, that are not teaching staff or leadership staff.

   School. The term “school” means a school of the city school district of the city of New York.

   Teaching staff. The term “teaching staff” means teachers employed by the department.

  1. No later than December 1, 2020, and annually by December 1 thereafter, the department shall submit to the speaker of the council and post on its website a report for the previous school year including the following for each school:

   1. The district borough number; and

   2. The number of employees, disaggregated by:

      (a) Teaching staff;

      (b) Leadership staff; and

      (c) Other professional and paraprofessional staff.

   3. The data reported pursuant to paragraph 2 of this subdivision shall be further disaggregated by:

      (a) Gender; and

      (b) Race or ethnicity.

   4. The data reported pursuant to subparagraphs (a) and (b) of paragraph 3 of this subdivision shall be further disaggregated by:

      (a) Length of employment at such school; and

      (b) Years of experience in such position.

   5. The data reported pursuant to paragraph 2 of this subdivision shall be aggregated by community school district for schools serving students in grades pre-kindergarten through eight, by borough and citywide.

  1. 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 related to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement.

Chapter 7: Physical Education Reporting

§ 21-960 Reporting on physical education.

  1. For the purposes of this section, the following terms have the following meanings:

   Adaptive physical education. The term “adaptive physical education” means a specially designed physical education program of developmental activities, games, sports, and rhythms suited to the interests, capabilities, and limitations of students with disabilities who may not safely or successfully engage in unrestricted participation in the activities of a regular physical education program, as specified in a student’s individualized education program.

   Certified instructor. The term “certified instructor” means a teacher certified by the New York state department of education as a physical education instructor.

   Co-located school. The term “co-located school” means any public school serving students in the elementary, middle or high school grades, or any combination thereof, including any charter school, which shares space with another public school or organization in a building within the city school district of the city of New York.

   Physical education instruction. The term “physical education instruction” means physical fitness activities which satisfy the requirements for physical education curricula pursuant to the New York state education department regulations for the relevant grade.

   Substitutions. The term “substitutions” means any extracurricular activities including, but not limited to, intramural and extramural athletic team activities or any other program which the department deems satisfies the state requirement for physical education instruction.

  1. Not later than August 31, 2016, and annually thereafter on or before August 31, the department shall submit to the council and post conspicuously on the department’s website a physical education report for the preceding academic year which shall include, but not be limited to the following information on a citywide basis:

   1. The total number of students and average physical education class size;

   2. The average frequency and average total minutes per week of physical education instruction provided to students;

   3. The number and percentage of students who are receiving the required amount of physical education instruction;

   4. The number and percentage of students who have an individualized education program that recommends adaptive physical education, disaggregated by classification of disability;

   5. The number of designated full-time and part-time certified instructors providing physical education instruction; the ratio of certified instructors to students, including whether such instructor is a full-time certified instructor, part-time certified instructor, or uncertified instructor; the number of certified instructors who have received professional development concerning physical education instruction provided by the department in the preceding two school years; and the total number of certified instructors who attended multiple sessions of professional development concerning physical education instruction provided by the department in the preceding two school years, disaggregated by the number of trainings attended;

   6. Information on all designated indoor and outdoor facilities used by the school for physical education instruction including, but not limited to:

      (a) Information on all designated physical education instruction spaces inside or attached to the school including (i) the size of the space in square feet; (ii) whether the space is used for any purpose other than physical education instruction; and (iii) whether the space is used by any other schools including co-located schools in the same building and the names of such schools;

      (b) Information regarding all off-site indoor and outdoor spaces that are used by the school for the purpose of physical education instruction, including but not limited to (i) the name and the location of the off-site space or facility; and (ii) whether the space is being used by any other schools including co-located schools in the same building and the names of such schools;

   7. Information regarding the department’s supplemental physical education program, including but not limited to, “Move to Improve”;

   8. The number of students who were permitted a substitution by the department;

   9. A cross-referenced list of schools, including co-located schools, that share certified instructors with at least one other school and the number of certified instructors that are shared;

   10. A description of the department’s physical education scope and sequence, including the topics covered by such physical education scope and sequence; whether the department’s physical education scope and sequence satisfies the requirements for physical education instruction pursuant to the New York state education department regulations; and the date of the last assessment and update of the physical education scope and sequence; and

   11. Whether students with disabilities whose individualized education program recommends adaptive physical education are provided adaptive physical education and the number of students with disabilities whose individualized education program recommends adaptive physical education who receive adaptive physical education.

  1. Disaggregation of data.

   1. The data required pursuant to this section shall be disaggregated by borough, community school district, district 75, and individual school.

   2. The data required pursuant to paragraphs 2, 3, 4, and 8 of subdivision b of this section shall be disaggregated by demographic information including, but not limited to, the following categories:

      (a) Grade;

      (b) Race or ethnicity;

      (c) Gender;

      (d) Special education status; and

      (e) English language learner status.

  1. The report required pursuant to this section shall also include:

   1. A summary of key findings; and

   2. If the department is not in full compliance with physical education requirements pursuant to the New York state education department regulations, steps the department will take to achieve full compliance.

  1. 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 one and five students, or allows another category to be narrowed to between one and five students, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.

(L.L. 2015/102, 11/4/2015; Am. L.L. 2019/126, 6/29/2019, eff. 12/26/2019; Am. L.L. 2019/127, 6/29/2019)

Chapter 8: Student Health Services

§ 21-965 Student health services.

  1. Definitions. As used in this chapter, the following terms have the following meanings:

   Automated student health record database. The term “automated student health record database” means a database maintained by the department of health and mental hygiene to record information about students’ medical care.

   NYC FITNESSGRAM. The term “NYC FITNESSGRAM” means an annual fitness assessment used to determine students’ overall physical fitness.

   School based health center. The term “school based health center” means on-site health care services provided to students within the school building, which are operated by independent institutions including, but not limited to, hospitals and community based organizations.

   Student. “Student” shall mean any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a district school or pre-kindergarten program in a district school within the city school district.

   Student health encounter. The term “student health encounter” means any student visit to a school medical room recorded in the automated student health record database.

  1. Not later than April 30, 2017, and no later than April 30th annually thereafter, the department shall submit to the council a report regarding information on health services provided to students for the preceding school year. Such report shall include, but not be limited to:

   1. The number of school buildings where full time nurses are employed by the office of school health and the number of school buildings where part time nurses are employed by such office; the ratio of students to nurses in such school buildings; and the average number of student health encounters per nurse in such school buildings;

   2. The total number of student health encounters;

   3. The total number of NYC FITNESSGRAMS performed, and the percentage of students assessed who had a body mass index: (i) below the 5th percentile; (ii) in the 5th to 84th percentile; (iii) in the 85th to 94th percentile; and (iv) equal to or above the 95th percentile.

   4. The total number of medication orders reviewed by the office of school health and recorded in the automated student health record database;

   5.    The total number of students reported to the office of school health as having a diagnosis of allergies, asthma, diabetes type 1 or diabetes type 2; and

   6. The total number of school based health centers disaggregated by the type of provider including, but not limited to, hospital and federally qualified health centers; and the total number of students enrolled in the school or schools served by each school based health center.

  1. All information required to be reported by this section shall be disaggregated by community school district.
  2. 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 or the New York city health code relating to the privacy of student information or that would interfere with law enforcement investigations or otherwise conflict with the interest of law enforcement. If the category contains between 0 and 9 students, or allows another category to be narrowed to be between 0 and 9 students, the number shall be replaced with a symbol.

§ 21-966 Reporting on health education.

  1. For the purposes of this section, the following term has the following meaning:

   Health education. The term “health education” means health education instruction, including sexual health education and HIV/AIDS education, consistent with learning standards for health education found in regulations promulgated by the New York state commissioner of education and in the department’s requirements.

  1. Not later than December 1, 2016, and on or before December 1 annually thereafter, the department shall submit to the speaker of the council and post conspicuously on the department’s website in a manner searchable by individual school, a report for the preceding academic year for each community school district and school within such district, which shall include, but not be limited to the following:

   1. The total number and percentage of students in grades six through twelve who have completed at least one semester of health education;

   2. Starting in the report for the 2019-2020 school year and for every subsequent school year thereafter, for each grade level in each school containing any combination of grades six through 12, data specifying the number and percentage of students who are receiving the amount of HIV/AIDS instruction required by section 135.3 of titles 8 of the New York codes, rules and regulations;

   3. Information regarding the implementation of health education instruction including, but not limited to: (i) how the department tracks compliance with health education and HIV/AIDS education requirements; (ii) how principals monitor teacher compliance with the sexual health knowledge benchmarks as outlined by the department; (iii) how the efficacy of the health education curriculum recommended by the department is evaluated; and (iv) what methods the department employs to solicit student feedback regarding health education;

   4. Information regarding health education which specifically addresses lesbian, gay, bisexual, transgender, and questioning (LGBTQ) students, and other non-heterosexual sexual orientations or non-cisgender gender identities, including but not limited to, sexual health knowledge for same-sex relationships;

   5. The number of instructors providing health education instruction at each school;

   6. The number of full-time licensed health instructors providing health education at each school;

   7. The number of part-time licensed health instructors providing health education at each school; and

   8. The number of instructors providing health education at each school on an incidental basis in accordance with section 80-5.3 of title 8 of the New York codes, rules and regulations; and

   9. The total number, disaggregated by community school district, of the following:

      (a) Incidental teaching applications submitted to the commissioner of state education pursuant to section 80-5.3 of title 8 of the New York codes, rules and regulations;

      (b) Such applications denied by the commissioner of state education;

      (c) Incidental teaching renewal applications submitted to the commissioner of state education pursuant to section 80-5.3 of title 8 of the New York codes, rules and regulations; and

      (d) Such renewal applications denied by the commissioner of state education; and

  1. 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.
  2. 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 one and five students, or allows another category to be narrowed to between one and five students, the number shall be replaced with a symbol. A category that contains zero students shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.

§ 21-967 Instructors receiving sexual health training.

  1. For the purposes of this section, “school” means a school of the city school district of the city of New York.
  2. Not later than December 1, 2016, and on or before December 1 annually thereafter, the department shall submit to the speaker and post on the department’s website information regarding the provision of sexual health education training to instructors in schools for the preceding school year. Such information shall include: (i) the total number of licensed health instructors employed by the department, disaggregated by full-time and part-time instructors; (ii) the total number of instructors assigned to teach at least one health education class; (iii) the total number and percentage of instructors who received professional development training provided by the department on sexual health education in the preceding two school years; and (iv) the total number and percentage of instructors who attended multiple sessions of professional development training provided by the department on sexual health education in the preceding two school years, disaggregated by the number of trainings attended.
  3. All information required to be reported by this section shall be aggregated citywide, as well as disaggregated by city council district and community school district and, when available, by school.

§ 21-968 Provision of feminine hygiene products in schools.

  1. Definitions. For the purposes of this section, the following terms have the following meanings.

   Feminine hygiene products. The term “feminine hygiene products” means tampons and sanitary napkins for use in connection with the menstrual cycle.

   School building. The term “school building” means any facility that is leased by the department or over which the department has care, custody and control, in which there is a public school, including a charter school, serving female students in grades six through twelve.

  1. The department shall make feminine hygiene products available at no cost to students in bathrooms of school buildings.

§ 21-969 Distribution of educational materials on drugs and opiates awareness and prevention.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Middle and high school. The term “middle and high school” means any school of the city school district that contains any combination of grades from grade 6 through grade 12.

   Student. The term “student” means any pupil under the age of 21 as of September 1 of the relevant academic year, who does not have a high school diploma and who is enrolled in grade 6 or higher.

  1. Each academic year, the department shall make available educational materials on drugs and opiates awareness and prevention developed by the department of health and mental hygiene pursuant to section 17-199.9 to students at each middle and high school.
  2. The department shall make available such educational materials in English and in each of the designated citywide languages as defined in section 23-1101 in each middle and high school and on the department’s website.

Chapter 9. Career and Technical Education Reporting

§ 21-971 Reporting on career and technical education.

  1. For the purposes of this section, the following terms have the following meanings:

   Career and technical education. The term “career and technical education” or “CTE” means a curriculum designed to provide students with certain skills that will enable them to pursue a career in certain disciplines, including but not limited to, agricultural education, business and marketing, family and consumer sciences, health occupations, technology and trade, or technical and industrial education.

   Certified instructor. The term “certified instructor” means a teacher who has earned a teaching license in a specific career and technical education subject.

   “Student” means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school of the city school district of the city of New York, not including a pre-kindergarten student or a preschool child as preschool child is defined in section 4410 of the education law.

  1. Not later than April 30, 2017, and annually thereafter on or before April 30, the department shall submit to the council and post conspicuously on the department’s website, a report for the preceding academic year which shall include, but not be limited to the following:

   1. The total number of high school-level CTE programs in schools of the city school district of the city of New York, including for each (i) the name of the program; (ii) the field or discipline for which the program prepares students; (iii) the number of industry partners associated with the program; (iv) the high school at which the program is located; (v) whether the high school is a CTE-designated high school; (vi) whether the CTE program has received approval through the New York state department of education’s CTE approval process; (vii) the grade levels served by such program; and (viii) the number of students enrolled in such program;

   2. The number and percentage of students at each high school in a CTE program;

   3. The number and percentage of applicants who listed a CTE-designated high school as their first choice in the high school application process during the previous application year;

   4. The number and percentage of applicants who listed a CTE-designated high school as their second choice in the high school application process during the previous application year;

   5. The number and percentage of applicants who participated in the high school application process who enrolled in a CTE-designated high school;

   6. The 4-year graduation rate for CTE-designated high schools;

   7. The 6-year graduation rate for CTE-designated high schools;

   8. The number of designated full-time and part-time certified instructors providing instruction at each high school; and for each CTE-designated high school, the ratio of full-time certified instructors to students at such school; and

   9. The number of staff in each school or program who received professional development or training administered by the department and relating to CTE as of the prior school year.

  1. The data required to be reported pursuant to paragraphs two through seven of subdivision b of this section shall be disaggregated by (i) student race and ethnicity; (ii) student gender; (iii) student special education status; (iv) student English language learner status; (v) student eligibility for the free and reduced price lunch program; and (vi) community school district.
  2. 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 1 and 5 students, or contains an amount that would allow the amount of another category that is five or less to be deduced, the number shall be replaced with a symbol.
  3. This chapter expires five years after the effective date of the local law that added this chapter.

Chapter 10: Computer Science Education Reporting

§ 21-972 Reporting on computer science education.

  1. For the purposes of this section, the following terms have the following meanings:

   Computer science program. The term “computer science program” means any class, component of a class, or curriculum designed to enable students to learn computing concepts, including but not limited to abstraction, algorithms, programming, data and information, and networks.

   Certified STEM instructor. The term “certified STEM instructor” means a teacher who is licensed to teach a specific STEM subject.

   “School” means a school of the city school district of the city of New York.

   “STEM” means science, technology, engineering or math.

   “Student” means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school as school is defined in this subdivision, not including a pre-kindergarten student or a preschool child as preschool child is defined in section 4410 of the education law.

  1. Not later than April 30, 2017, and annually thereafter on or before April 30, the department shall submit to the speaker of the council and post conspicuously on the department’s website a report for the preceding academic year which shall include, but not be limited to, the following:

   1. The total number of computer science programs offered in each school, including information regarding the nature of the computer science programs and whether such programs are advanced placement computer science classes, to the extent such information is available;

   2. The number and percentage of students who enrolled in a computer science program, disaggregated by (i) race and ethnicity; (ii) gender; (iii) special education status; (iv) English language learner status; (v) eligibility for the free and reduced price lunch program; (vi) grade level; and (vii) community school district;

   3. The number of designated full-time and part-time certified STEM instructors providing instruction at each school; and the ratio of full-time certified STEM instructors to students at each school;

   4. Information regarding the STEM institute administered by the department, including but not limited to, the nature of the training offered, the number of teachers trained, organizations involved, the funding provided and the source of such funding;

   5. Information regarding the department’s computer science initiatives; and

   6. Information regarding the total available bandwidth in megabits per second provided in each school building; and for each such school building containing more than one school, the schools in such building.

  1. 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 1 and 5 students, or contains an amount that would allow the amount of another category that is five or less to be deduced, the number shall be replaced with a symbol.
  2. This chapter expires ten years after the effective date of the local law that added this chapter.

Chapter 12: Distribution of Gifted and Talented Program Information and Exam Materials

§ 21-974 Distribution of gifted and talented program information and exam materials.

  1. For the purposes of this section, the term “student” means any pupil who is enrolled in pre-kindergarten in any school of the city school district of the city of New York or in an early education center with which the department contracts to provide pre-kindergarten.
  2. No later than November 1, 2017, and annually thereafter no later than November 1 of each year, the department shall distribute to the parents of each student information regarding the department’s gifted and talented programs, examination and application process.

Chapter 11: Sexual Education Task Force

§ 21-973 Sexual health education task force.*

  1. Definitions. For the purposes of this section only, the following definitions shall apply:

   Age-appropriate. The term “age-appropriate” means topics, messages and teaching methods suitable to particular ages or age groups of students, based on developing cognitive, emotional and behavioral capacity typical for the age or age group.

   Medically-accurate. The term “medically-accurate” means verified or supported by the weight of research conducted in compliance with accepted scientific methods and published in peer-reviewed journals, where applicable, or comprising information that leading professional organizations and agencies with relevant expertise in the field recognize as accurate, objective and complete.

   School. The term “school” means a school of the city school district of the city of New York.

   Student. The term “student” shall mean any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school as school is defined in this subdivision, not including a pre-kindergarten student or a preschool child as preschool child is defined in section 4410 of the education law.

  1. There shall be established a sexual health education task force consisting of at least nine members. Members of the task force shall be appointed by the mayor after consultation with the speaker of the council. Such task force shall meet at least quarterly. One member shall be designated as chairperson by the mayor after consultation with the speaker. Members of the task force shall include at least three experts in the field of sexual health education; at least one teacher employed by the department; at least one staff person employed by the department who is not a teacher, such as a guidance counselor, social worker or public health educator; at least two students who attend a high school; at least one expert in the field of lesbian, gay, bisexual, transgender, questioning and gender non-conforming health education; and at least one representative from the department of health and mental hygiene. All members of such task force shall serve without compensation and at the pleasure of the mayor. Any vacancies in the membership of the task force shall be filled in the same manner as the original appointment.
  2. The sexual health education task force shall:

   1. review information provided by the department and other stakeholders regarding the sexual health education curricula currently recommended by the department, including but not limited to, information on (a) whether such recommended curricula align with national standards, (b) whether such recommended curricula are age-appropriate and medically-accurate, (c) whether such recommended curricula cover the issue of sexual abuse prevention, (d) whether such recommended curricula cover the issues of healthy relationships and consent and (e) whether such recommended curricula cover issues pertaining to individuals and relationships other than heterosexual, including but not limited to, lesbian, gay, bisexual, transgender and gender non-conforming;

   2. review the implementation of sexual health education for students, including but not limited to, (a) the number and percentage of students in each grade receiving sexual health education, (b) the amount of instruction time dedicated to sexual health education in each grade, (c) whether the instruction is provided by a teacher, other staff member, community group or other instructor, (d) whether curricula other than the sexual health education curricula recommended by the department are being used for instruction, and for each such curriculum (1) whether such curriculum aligns with national standards, (2) whether such curriculum is age-appropriate and medically-accurate, (3) whether such curriculum covers the issue of sexual abuse prevention, (4) whether such curriculum covers the issues of healthy relationships and consent and (5) whether such curriculum covers issues pertaining to individuals and relationships other than heterosexual, including but not limited to, lesbian, gay, bisexual, transgender, questioning and gender non-conforming; and

   3. issue a report that:

      (a) describes the extent to which the sexual health curricula recommended by the department include the topics of sexual abuse prevention, healthy relationships and consent and issues pertaining to individuals and relationships other than heterosexual, including but not limited to, lesbian, gay, bisexual, transgender and gender non-conforming;

      (b) describes the extent to which such curricula align with national standards, are age-appropriate and medically-accurate;

      (c) makes recommendations for the improvement and expansion, or the replacement, of the recommended sexual health curricula for students;

      (d) makes recommendations for the improvement and expansion of the implementation of sexual health education for students;

      (e) makes recommendations for improving methods of tracking the implementation of sexual health education for students;

      (f) makes recommendations about training or professional development that would aid school staff in providing sexual health education to students;

      (g) makes recommendations about the inclusion of sexual health education content areas that specifically address issues relevant to students who identify as other than heterosexual, including but not limited to, lesbian, gay, bisexual, transgender, questioning and gender non-conforming students, including recommendations that specifically address sexual health knowledge for same-sex relationships; and

      (h) includes additional findings and recommendations as determined by the task force.

  1. The task force shall, in conducting its review and making recommendations pursuant to subdivision c of this section, provide an opportunity for students and parents to provide comments and feedback to the task force.
  2. No later than December 1, 2017, the task force shall submit to the mayor and the speaker of the council a report including the findings and recommendations of the task force pursuant to subdivision c of this section. Following submission of such report, the task force may make ongoing findings and recommendations, as the task force deems necessary.
  • Editor’s note: pursuant to L.L. 2017/090, § 2, this section expires and is deemed repealed five years after the date of the local law that added the section.

Chapter 13: School Meal Participation

§ 21-975 School meal participation data.

  1. For the purposes of this section, the following terms have the following meanings:

   After school snacks. The term “after school snacks” means a meal that consists of two food items offered during afterschool educational or enrichment activities.

   After school supper. The term “after school supper” means a meal that consists of five food items offered during afterschool educational or enrichment activities.

   Breakfasts served after the bell. The term “breakfasts served after the bell” means a complete breakfast served in the classroom after the school day begins or breakfast via grab and go carts.

   Breakfast via grab and go carts. The term “breakfast via grab and go carts” means breakfast that is provided by the department that can be picked up from the cafeteria or from a designated location.

   School. The term “school” means a school of the city school district of the city of New York that contains any combination of grades from and including pre-kindergarten through grade 12.

  1. No later than October 1, 2018, and no later than October 1 annually thereafter, the department shall submit to the speaker of the council and post on the department’s website a report for the previous school year which shall, at minimum, include:

   1. the average daily number of breakfasts served in the cafeteria by the department before the school day begins;

   2. the average daily number of breakfasts served after the bell;

   3. the total number of schools that offer (i) a complete breakfast served in the cafeteria before the school day begins; (ii) a complete breakfast served in the classroom after the school day begins and (iii) breakfast via grab and go carts;

   4. the total number of schools that have a salad bar in their cafeteria;

   5. the average daily number of after school snacks served by the department;

   6. the average daily number of after school suppers served by the department;

   7. a complete list of the food items offered for each of the following (i) breakfast served in the cafeteria before the school day begins; (ii) breakfast served in the classroom after the school day begins; (iii) breakfast via grab and go carts; (iv) after school snacks; (v) after school supper; (vi) salad bars and (vii) lunch;

   8. a list of the food items that are offered every day for each of the following: (i) breakfast served in the cafeteria before the school day begins; (ii) breakfast served in the classroom after the school day begins; (iii) breakfast via grab and go carts; (iv) after school snacks; (v) after school supper; (vi) salad bars and (vii) lunch; and

   9. the average daily number of lunches served by the department.

  1. Such report shall also include the steps the department has taken to increase participation in the after school snack and after school supper programs; breakfast programs, including breakfasts served after the bell; salad bars and lunch programs, including, but not limited to, information regarding special initiatives undertaken and proposed by the department to increase student participation in such meals. Beginning with the report due on October 1, 2019, such report shall compare the data required pursuant to this section from year to year. If the department no longer provides breakfast served in the cafeteria before the school day begins, breakfast served in the classroom after the school day begins, breakfast via grab and go carts, after school snacks, after school supper or salad bars, such report shall include a narrative explanation as to why such meals are no longer provided.
  2. All information required to be reported pursuant to this section shall be aggregated citywide, as well as disaggregated by school, community school district and borough.
  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 interest of law enforcement.

Chapter 14: Reporting on GSAs

§ 21-976 Reporting on GSAs.

  1. For the purposes of this chapter, the following terms have the following meanings:

   GSA. The term “GSA” means student-led groups that focus on issues of sexual and gender orientation, including but not limited to, combating homophobia and transphobia. These groups are commonly referred to as gay-straight alliances or gender-sexuality alliances.

   LGBTQGNC training. The term “LGBTQGNC training” means training or professional development provided by the department that relates to supporting lesbian, gay, bisexual, transgender, queer or questioning and gender non-conforming students.

   School. The term “school” means a school of the city school district of the city of New York that contains any combination of grades from grade six up to and including grade twelve.

  1. No later than June 1, 2019, and annually thereafter on or before June 1, the department shall submit to the council and post online a report for the current academic year regarding the status of GSAs at each school. The report shall contain the following information for each school:

   1. Whether such school has a GSA;

   2. The number of teachers at such school that have received LGBTQGNC training;

   3. The number of administrators, including the principal, at such school that have received LGBTQGNC training; and

   4. A narrative description of the LGBTQGNC training offered to teachers and administrators, including whether any such training includes training related to GSAs.

  1. 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 conflict with the interests of law enforcement or the safety of students.

Chapter 15: Distribution of Information Regarding Interactions with Non-Local Law Enforcement

§ 21-977 Distribution of information regarding educational rights and departmental policies related to interactions with non-local law enforcement.

  1. For the purposes of this section, the following terms have the following meanings:

   School. The term “school” means a school of the city school district of the city of New York.

   Student. The term “student” means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school.

  1. The department shall annually distribute to each school, for distribution to every student of such school, the following information in writing, in hard copy or electronically if distribution of other similar documents occurs electronically, using plain and simple language:

   1. information about available legal resources that may help parents and students to understand their legal rights and options with respect to: (i) educational rights that may be guaranteed regardless of citizenship or immigration status; (ii) the circumstances in which personally identifiable information from a student’s education record, the disclosure of which is subject to the family educational rights and privacy act, may be disclosed to third parties, including, but not limited to, non-local law enforcement; (iii) circumstances under which students may have the right to refuse to speak with non-local law enforcement; (iv) the application process for obtaining nonimmigrant status under subparagraphs (T) and (U) of paragraph (15) of subsection (a) of section 1101 of title 8 of the United States code, or successor statutes, and for the self-petition process pursuant to the violence against women act; and (v) resources available to assist students and their families seeking immigration-related legal assistance, including, but not limited to, contact information for the mayor’s office of immigrant affairs;

   2. information regarding the department’s protocol and policies with regard to interactions with non-local law enforcement, including the number of staff who received training administered by the department relating to such protocol and policies; and

   3. information regarding the department’s protocol and policies in the event that a parent of a student is detained or otherwise separated pursuant to actions by non-local law enforcement, and information regarding how a parent of a student may update relevant emergency contact information.

  1. Prior to the release of any directory information pursuant to the family educational rights and privacy act, the department shall distribute, in writing, in hard copy or electronically if distribution of other similar documents occurs electronically, to any student whose information may be released, or to such student’s parent, (i) the categories of information the department has designated as directory information; (ii) how a parent of a student under age 18, or a student age 18 or over, may notify the department that such directory information pertaining to his or her child, or to himself or herself, may not be disclosed; and (iii) the circumstances in which such directory information may be disclosed to third parties, including, but not limited to, non-local law enforcement, and the third parties to whom it would be disclosed, if a parent of a student under age 18, or a student age 18 or over, does not opt out of disclosure of such information pertaining to such student.
  2. The department shall ensure that the information required to be distributed by subdivision b is additionally available in each school, each office where the department provides enrollment assistance and on the department’s website.
  3. Upon any request by non-local law enforcement for access to a student or a student’s records, the department shall notify such student’s parent of such request unless such notification is prohibited by law or by a judicial order or lawfully issued subpoena, and shall provide such student and parent with information on available resources for seeking legal assistance in response to such request.

Chapter 16: Reporting on School Applications, Offers of Admission, Enrollment and Available Seats

§ 21-978 Reporting on school applications, offers of admission, enrollment and available seats.

  1. For the purposes of this section, the following terms have the following meanings:

   School. The term “school” means a school of the city school district of the city of New York that contains any combination of grades from and including pre-kindergarten through grade twelve, including early education centers with which the department contracts to provide pre-kindergarten.

   Student. The term “student” means any pupil under the age of twenty-one as of September first of the school year being reported, who does not have a high school diploma and who is enrolled in a school, excluding any child who is less than four years of age on or before December thirty-first of the school year being reported.

  1. The department shall submit to the speaker of the council, and post conspicuously on the department’s website, the following reports regarding application, offer, available seat and enrollment information:

   1. Not later than May 15, 2018, and annually thereafter on or before May 15, a report including, but not limited to (a) for each community school district, the total number of individuals who (1) applied for admission to grades pre-kindergarten, kindergarten or six in a school located in such community school district for the following school year; and (2) received an offer of admission to grades pre-kindergarten, kindergarten or six in a school located in such community school district for the following school year; and (b) for each school, the total number of individuals who (1) applied for admission to grades pre-kindergarten, kindergarten, six or nine in such school, as applicable, for the following school year; and (2) received an offer of admission to grades pre-kindergarten, kindergarten, six or nine in such school, as applicable, for the following school year;

   2. Not later than March 15, 2019, and annually thereafter on or before March 15, a report including, but not limited to (a) for each community school district, the total number of students who enrolled in grades pre-kindergarten, kindergarten or six in a school located in such community school district in the current school year; and (b) for each school, the total number of students who enrolled in grades pre-kindergarten, kindergarten, six or nine in such school, as applicable, in the current school year.

The data required to be reported pursuant to this subdivision b shall be disaggregated by (i) community school district of residence of individuals or students, as applicable; (ii) zip code of residence of individuals or students, as applicable; (iii) primary home language of individuals or students, as applicable and (iv) grade level.

  1. Not later than May 15, 2018, and annually thereafter on or before May 15, the department shall submit to the speaker of the council and post conspicuously on the department’s website a report that shall include, but not be limited to, for each school, the total number of seats anticipated to be available in the following school year.
  2. 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 1 and 5 students, or contains an amount that would allow the amount of another category that is five or less to be deduced, the number shall be replaced with a symbol.

Chapter 17: Distribution of Information Regarding Summer School and Meals

§ 21-979 Distribution of information regarding summer meals.

  1. For the purposes of this section, the term “summer meal” means any meal provided to children by the department, or by any city agency collaborating with the department, following the end of the current school year and prior to the beginning of the next school year.
  2. No later than June 1, 2018, and annually thereafter no later than June 1, the department shall make available information regarding summer meals including, but not limited to, locations where such meals will be available, the times and dates during which such meals will be available and any guidelines regarding eligibility for such meals. Such information shall be:

   1. posted on the department’s website, the website of any city agency collaborating with the department and the website of the 311 customer service center; and

   2. distributed to council members, borough presidents, community boards, community education councils, parent associations and parent teacher associations.

§ 21-979.1 Posting summer school calendar information by school.

  1. Definitions. For the purposes of this section, the term “school building” means any buildings, grounds, facilities, property, or portion thereof, owned or leased by the department or over which the department has care, custody and control, in which there is a public school, including a charter school.
  2. No later than June 30 of each year, the department shall post on its website information regarding the forthcoming summer school session, including but not limited to the locations of school buildings where summer school will be provided and the dates on which summer school will be in session at each such school building. Nothing contained herein shall prevent the department from making any change to such locations and such dates after June 30, provided however that if the department makes any such change the department shall update the information posted on its website regarding such locations and dates as appropriate.
  3. No later than June 30 of each year, the department of transportation shall post on its website information on the locations of school buildings and summer school dates posted in accordance with subdivision b of this section, and for each such school building where there are parking restrictions on a street immediately adjacent to such school building that are in effect only on school days, that such restrictions are in effect on such summer school dates.

Chapter 18: Bullying, Harassment, Intimidation and Discrimination

§ 21-980 Reporting on student-to-student bullying, harassment, intimidation and discrimination.

  1. For the purposes of this section, the following terms have the following meanings:

   Complaint. The term “complaint” means an oral or written complaint submitted to the department that contains allegations of violations of chancellor’s regulation A-832 involving student-to-student bullying, harassment, intimidation or discrimination.

   Material incident. The term “material incident” means an incident alleged in a complaint that the department has investigated pursuant to, and has determined to be in violation of, chancellor’s regulation A-832.

   Notice. The term “notice” means notice provided by the department to a parent whose child was alleged in a complaint to have been targeted by or engaged in bullying, harassment, intimidation, or discrimination in violation of chancellor’s regulation A-832, and that advises such parent of the outcome of the investigation.

   School. The term “school” means a school of the of the city school district of the city of New York that contains any combination of grades from and including pre-kindergarten through grade 12.

   Student. The term “student” means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school.

   Unique complaint. The term “unique complaint” means a non-duplicate complaint.

  1. Not later than May 31, 2018, and every six months thereafter on or before November 30 and May 31, respectively, the department shall submit to the council and post conspicuously on the department’s website a report for the preceding school semester, which shall include for each community school district and for each individual high school:

   1. the total number of unique complaints;

   2. the total number of material incidents, and the number of such material incidents that were related to each of the following categories: (i) race, (ii) ethnicity or national origin or both, (iii) religion, (iv) gender, (v) weight, (vi) gender identity, gender expression or sexual orientation, or any combination thereof and (vii) disability.

  1. Not later than November 30, 2018, and annually thereafter on or before November 30, the department shall include in its report submitted in November pursuant to subdivision b:

   1. a description of any resources and support provided by the department to schools related to preventing, reporting and addressing incidents of student-to-student bullying, harassment, intimidation or discrimination;

   2. a description of any trends reflected in the data reported pursuant to subdivision b, including any trends related to the types of incidents determined by the department to be material incidents of student-to-student bullying, harassment, intimidation or discrimination in violation of chancellor’s regulation A-832;

   3. a description of any recommendations to address any such trends, including, but not limited to, additional training for relevant staff members; and

   4. for each school, whether such school has completed the training required pursuant to chancellor’s regulation A-832 for (i) students; (ii) staff, including non-instructional staff and (iii) the school’s respect for all liaison.

  1. Beginning with the report due on May 31, 2020, the reports required by May 31 and November 30 pursuant to subdivisions b and c, as applicable, shall additionally include for each community school district and for each individual high school:

   1. the total number of notices provided, disaggregated by whether notice was provided to parents of students (i) who were targeted by, or were alleged to have been targeted by, bullying, harassment, intimidation or discrimination or (ii) engaged in, or were alleged to have been engaged in, bullying, harassment, intimidation or discrimination; and

   2. the average and median number of days between the receipt of a complaint and the provision of notice related to such complaint, disaggregated by whether the notices were provided to parents of students (i) who were targeted by, or were alleged to have been targeted by, bullying, harassment, intimidation or discrimination or (ii) engaged in, or were alleged to have been engaged in, bullying, harassment, intimidation or discrimination.

  1. Beginning with the report due on November 30, 2020, the report required by November 30 pursuant to subdivision c shall additionally include for each community school district and each individual high school:

   1. the total number of students who have been determined by the department to have been involved in two or more material incidents within a school year, disaggregated by whether students (i) were targeted by bullying, harassment, intimidation or discrimination or (ii) were engaged in bullying, harassment, intimidation or discrimination; and

   2. the total number of students identified in paragraph 1 of subdivision e for whom follow-up action was recommended, including a description of the follow-up action recommended, disaggregated by whether students (i) were targeted by bullying, harassment, intimidation or discrimination or (ii) were engaged in bullying, harassment, intimidation or discrimination.

  1. 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 1 and 5 students, or contains an amount that would allow the amount of another category that is five or less to be deduced, the number shall be replaced with a symbol.

§ 21-981 Posting of contact information for reports of bullying, harassment, intimidation, and discrimination.

  1. Definitions. For purposes of this section, the following terms have the following meanings:

   Dignity act coordinator. The term “dignity act coordinator” means the person or persons identified pursuant to paragraph a of subdivision 1 of section 13 of the education law as the school employee charged with receiving reports of harassment, bullying and discrimination, and responsible for discharging the responsibilities of the dignity act coordinator pursuant to subdivision jj of section 100.2 of title 8 of the New York codes, rules and regulations.

   School. The term “school” means a school of the city school district of the city of New York that contains any combination of grades from and including pre-kindergarten through grade 12.

  1. Information on department website. The department shall post conspicuously on its website the following information:

   1. information providing guidance to students, parents and staff members regarding how to report incidents of bullying, harassment, intimidation or discrimination, including information about the school-based staff to whom such reports may be made pursuant to any department policy or chancellor’s regulation governing the same;

   2. any email addresses designated by the department through which students, parents or staff may report incidents of bullying, harassment, intimidation or discrimination; and

   3. information guiding students, parents and staff members to visit their individual school’s website for additional information.

  1. Information on individual school websites. The department shall post on each school’s individual website the following information:

   1. information providing guidance to students, parents and staff members regarding how to report incidents of bullying, harassment, intimidation or discrimination, including the school-based staff to whom such reports may be made pursuant to any department policy or chancellor’s regulation governing the same;

   2. the name, email address and phone number of such school’s dignity act coordinator; and

   3. any email addresses designated by the department through which students, parents or staff may report incidents of bullying, harassment, intimidation or discrimination.

  1. Updates. The department shall update the names and contact information posted pursuant to this section at least twice per school year, as necessary.

§ 21-981.1 Information regarding any online portal relating to harassment, bullying, intimidation and discrimination.

The department shall distribute to each school for distribution to every student of such school information regarding how to access any online portal relating to the reporting of bullying, harassment, intimidation or discrimination operated by the department, if such portal exists.

§ 21-981.2 Reporting on efforts to prevent and address sex- and gender-based discrimination and harassment.

  1. Definitions. For the purposes of this section, the term “school” means a school of the city school district of the city of New York serving students in elementary, middle or high school, or any combination thereof.
  2. No later than November 30, 2020, and annually by November 30 thereafter, the department shall submit to the mayor, the speaker of the council, the commission on gender equity and post online a report for the preceding school year regarding efforts to prevent or address sex- and gender-based discrimination and harassment, including discrimination and harassment prohibited by section 1681 of title 20 of the United States code, or title ix of the education amendments of 1972. Such report shall include, but need not be limited to, the following information:

   1. A description of resources and support provided by the department to schools related to preventing and addressing sex- and gender-based discrimination and harassment, including relevant training;

   2. A description of the department’s policies and procedures for preventing and addressing sex- and gender-based discrimination and harassment and for investigating allegations of sex- and gender-based discrimination and harassment; and

   3. A description of the department’s organizational structure, including but not limited to, job titles and contact information, for central and borough employees whose work is related to preventing and addressing sex- and gender-based discrimination and harassment, in total and disaggregated by borough.

  1. No information that is 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 personal information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement.

Chapter 19: Reports on Discipline and Certain Emergency Transports of Students

§ 21-982 Definitions.

For purposes of this chapter, the following terms have the following meanings:

Chancellor. The term “chancellor” means the chancellor of the city school district of the city, or the chancellor’s designee.

Data. The term “data” means final versions of statistical or factual information in alphanumeric form that can be digitally transmitted or processed.

Department contact. The term “department contact” means an incident that occurs within a New York city public school, on school grounds, during school-related events or while taking public school transportation, for which the New York city police department is contacted.

EMS transports. The term “EMS transports” means transports performed by emergency medical services, whether provided by the fire department or another authorized ambulance service, in which a student is taken from a New York city public school to a hospital.

Homeless status. The term “homeless status” means the circumstance in which a student lacks a fixed, regular and adequate nighttime residence, as determined in accordance with applicable chancellor’s regulations.

Teacher removal. The term “teacher removal” means the removal from class, including at least one class period and for up to four complete school days, of a student in kindergarten through grade twelve whose conduct is substantially disruptive of the educational process or substantially interferes with a teacher’s authority over the classroom, with notice and an opportunity to be heard pursuant to applicable chancellor’s regulations.

§ 21-983 Confidentiality requirements.

No information that is otherwise required to be reported pursuant to this chapter 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, including but not limited to restrictions with respect to personally identifiable information in education records set forth in section 1232g of title 20 of the United States code, or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. If (i) the total number of students or incidents within a non-disaggregated category contains from one through five students or incidents, (ii) the total number of students or incidents within a disaggregated category, or reported pursuant to paragraph four of subdivision a of section 21-984, contains from zero through five students or incidents; or (iii) the total number of students or incidents within a category, whether or not disaggregated, contains an amount that would allow another category, whether or not disaggregated, that contains from one through five students or incidents to be deduced, then the number of students or incidents shall be replaced with a symbol or shall be subject to some other form of data suppression.

§ 21-984 Annual report on student discipline.

The chancellor shall submit to the city council and post to the department’s website by October 31 of each year an annual report, based on data from the preceding school year, on the discipline of students.

  1. The data in this report shall be disaggregated by school and shall show the following:

   1. The number of teacher removals, which shall additionally be disaggregated by infraction code and number of days removed;

   2. The number of principal’s suspensions, which shall additionally be disaggregated by infraction code and length of suspension;

   3. The number of superintendent’s suspensions, which shall additionally be disaggregated by infraction code and length of suspension;

   4. The number of students subjected more than once to a teacher removal, principal’s suspension, superintendent’s suspension, or any combination thereof;

   5. The number of students subjected to an expulsion; and

   6. The number of incidents involving department contacts that also resulted in the suspension of the students who were the subjects of the department contacts.

  1. The data provided pursuant to subdivision a shall be disaggregated by race/ethnicity, gender, grade, year of birth, whether the individual is receiving special education services, whether the individual is an English language learner and homeless status. The report shall include school district and citywide total numbers for each disaggregated category.
  2. The report shall also include:

   1. The citywide total number of transfers that were initiated during the superintendent’s suspension process or during the period of any resulting superintendent’s suspension, disaggregated by involuntary and voluntary transfers; and

   2. The annual citywide percentage change in suspensions, disaggregated by school district.

§ 21-985 Biannual citywide report on suspensions.

The chancellor shall submit to the council and post to the department’s website by October 31 and March 31 of each year a report on the discipline of students citywide, based on data from the first six months of the current calendar year and the second six months of the preceding calendar year respectively. Such report shall include the number of suspensions citywide for each month, disaggregated by superintendent’s and principal’s suspensions.

§ 21-986 Citywide report on emergency medical services student transports.

  1. The chancellor shall submit to the council and post to the department’s website by October 31 and March 31 of each year a citywide report on the total number of EMS transports and the number of EMS transports performed because of a student’s psychological/emotional condition. The October report shall include EMS transports from the first six months of the current calendar year and the March report shall include EMS transports from the second six months of the preceding calendar year. Each report shall be disaggregated by school district and by month.
  2. The chancellor shall submit to the council and post to the department’s website by October 31 of each year a citywide report on EMS transports during the twelve-month period ending on June 30 of the same year. Each report shall be disaggregated by school and by race/ethnicity, year of birth and whether the individual is receiving special education services.

Chapter 20: Reporting on Students in Temporary Housing

§ 21-987 [Reporting on students in temporary housing.]

  1. For the purposes of this section, the following terms have the following meanings:

   Borough of origin. The term “borough of origin” means the borough in which a student attended school when permanently housed or the borough of the school in which the student was last enrolled.

   School. The term “school” means a school of the city school district of the city of New York.

   Student. The term “student” means any pupil under the age of twenty-one as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a school as school is defined in this subdivision, not including a pre-kindergarten student or a preschool child as defined in section 4410 of the education law.

   Sharing the housing of others. The term “sharing the housing of others” means individuals who have reported to the department that they are living with other persons due to loss of housing, economic hardship or a similar reason.

   Students in temporary housing. The term “students in temporary housing” has the same meaning as that of the term “homeless children and youths” as defined in subsection 2 of section 11434a of title 42 of the United States code, provided that such individuals are enrolled in a school.

  1. Not later than November 1, 2018, and annually thereafter on or before November 1, the department shall, in consultation with and as provided by the department of homeless services, the department of social services/human resources administration, the department of youth and community development and the department of housing preservation and development, as necessary, submit to the council and post online a report regarding information on students in temporary housing for the preceding school year. Such report shall include, but not be limited to, the following information:

   1. The total number of students in temporary housing, as reported to the department, disaggregated by school, and further disaggregated by:

      (a) the number of students who are residing in a shelter, disaggregated by whether students are residing in shelters operated by (i) the department of homeless services, (ii) the department of social services/human resources administration, (iii) the department of youth and community development and (iv) the department of housing preservation and development; and

      (b) the number of students sharing the housing of others;

   2. The number of students residing in shelters operated by the department of homeless services who remain enrolled in a school in their borough of origin;

   3. The total number of students residing in shelters operated by the department of homeless services who have transferred to a different school;

   4. The total number of students in temporary housing receiving metrocards;

   5. The total number of students in temporary housing receiving busing;

   6. The percentage of students in temporary housing citywide;

   7. The attendance rate of students in temporary housing;

   8. The retention rate of students in temporary housing; and

   9. The dropout rate of students in temporary housing.

  1. 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 1 and 5 students, or contains a number that would allow the number of individuals in another category that is five or fewer to be deduced, the number shall be replaced with a symbol.

Chapter 22: Posting of Subdistrict Maps

§ 21-989 Posting of subdistrict maps.

  1. Definitions. For the purposes of this section, the term “subdistrict” means all geographic boundaries used by the department and the New York city school construction authority to identify where new capital funding will be targeted for building new schools.
  2. The department shall post conspicuously on its website a map indicating the boundaries and associated identifiers of all subdistricts in the city school district of the city of New York. Such map shall be posted in a machine readable geographic format.

Chapter 21: Posting of Information Regarding the Process Used in Determining Identified Seat Need

§ 21-988 Posting information regarding the process used in determining identified seat need.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Identified seat need. The term “identified seat need” means the number of seats required through the construction of new facilities to meet the enrollment needs in each community school district identified in the five-year educational facilities capital plan created by the department pursuant to section 2590-p of the education law.

   Subdistrict. The term “subdistrict” means all geographic boundaries used by the department and the New York city school construction authority to identify where new capital funding will be targeted for building new schools as defined in section 21-989.

  1. No later than December 1, 2019, and annually thereafter on or before December 1, the department shall, to the extent such information is accessible by the department, post conspicuously on its website a report, which shall include, but need not be limited to:

   1. The process and inputs used to determine identified seat need, including but not limited to:

      (a) any categories of non-quantitative criteria considered, which may include but need not be limited to, facility replacements, grade expansion and truncation, school rezonings, co-locating schools, and converting space in existing facilities; and

      (b) the following information, reported at the community school district level, if utilized:

         (1) enrollment projections and related confidence intervals;

         (2) information about projected new housing;

         (3) any formula used for measuring capacity including class size goals;

         (4) any relevant standards required for instructional space;

         (5) any data used for determining a projected public school ratio; and

         (6) any new capacity projects expected to be initiated during the plan period;

   2. The identified seat need;

   3. The number of seats lost, including through lost leases; and

   4. The number of seats gained, including through leases.

  1. The data provided in paragraph 2 of subdivision b of this section shall be listed for grade level kindergarten through 12 in total for the city school district and, if identified seat need is determined in such manner, shall also be listed by:

   1. grade level nine through 12, disaggregated by borough;

   2. grade level kindergarten through eight, disaggregated by community school district and subdistrict;

   3. grade level six through eight, disaggregated by community school district and subdistrict; and

   4. grade level kindergarten through five, disaggregated by community school district and subdistrict.

  1. The data provided in paragraphs 3 and 4 of subdivision b of this section shall be listed for grade level kindergarten through 12 in total for the city school district, and shall also be listed by:

   1. grade level nine through 12, disaggregated by borough;

   2. grade level kindergarten through eight, disaggregated by community school district and subdistrict;

   3. grade level six through eight, disaggregated by community school district and subdistrict; and

   4. grade level kindergarten through five, disaggregated by community school district and subdistrict.

  1. The data provided in paragraphs 2, 3 and 4 of subdivision b of this section shall be listed for prekindergarten programs in total for the city school district and, if available, by community school district.
  2. All data provided pursuant to this section shall be provided in machine readable format.
  3. Nothing in this section shall be construed to affect the authority or materially impede the ability of the department to determine the identified seat need or the methodology or information utilized in the determination of identified seat need.

Chapter 23: PTA and PA Reporting

§ 21-990 PTA and PA reporting.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   PA. The term “PA” means a parent association in a school of the city school district of the city of New York, which is an organization of the parents of students created and established by the parents’ vote.

   PTA. The term “PTA” means a parent-teacher association in a school of the city school district of the city of New York, which is established when the parent members of a PA vote to amend their bylaws to extend membership to teachers, as well as other categories of staff.

   School. The term “school” means a school of the city school district of the city of New York that contains any combination of grades from and including pre-kindergarten through grade 12.

  1. Not later than December 1, 2019, and on or before December 1 annually thereafter, the department shall submit to the speaker of the council and post on the department’s website a report regarding the income and total expenditure for each PA and PTA in the prior school year.
  2. All information required to be reported by this section shall be aggregated citywide, as well as disaggregated by community school district and school. Information disaggregated by school shall be further disaggregated by student demographic information, including but not limited to race and ethnicity and English language learner status.

Chapter 24: Distribution of Information Regarding Civil Service Examinations

§ 21-991 Distribution of information regarding civil service examinations administered by the department of citywide administrative services.

  1. Definitions. For purposes of this section, the term “school” means a school of the city school district of the city of New York.
  2. No later than November 1, 2019, and annually thereafter no later than November 1 of each year, the department of citywide administrative services shall provide and the department shall distribute to each school, to be shared with every student of such school who will be graduating from high school in the current school year, the following information in writing, in hard copy or electronically if availability of similar documents occurs electronically, using plain and simple language:

   1. General information about the city’s civil service process, including the related application process, hiring system, descriptions of what such tests will include and the scoring process for such examinations;

   2. The title of each upcoming civil service examination that is open to high school graduates, along with the relevant job descriptions and the relevant salaries;

   3. The testing period for each such civil service examination and the related application and scheduling period, with a note that exact dates and times for both periods are usually released online each month;

   4. Applicable fees for each such civil service examination, including information on fee waivers;

   5. A link to the online application system for civil service examinations;

   6. A link to the civil service examination information page of the department of citywide administrative services website, with a note that this online page contains additional and up-to-date information about examination locations and timing and job eligibility requirements; and

   7. Any other information that the department deems relevant.

Chapter 25: Reporting on Spending Allocations

§ 21-992 Reporting on spending allocations.

  1. Definitions. For the purposes of this section, the following terms have the following meanings:

   Fair student funding formula. The term “fair student funding formula” means the formula used to determine each school’s funding allocation under the department’s fair student funding policy or any successor policy.

   School. The term “school” means a school of the city school district of the city of New York.

  1. Beginning on September 30, 2019, and annually thereafter, the department shall submit to the speaker of the council and post conspicuously on the department’s website a single report covering the prior school year that shall include:

   1. All school-level budget allocations for each school; and

   2. The calculated fair student funding formula for each school, and the percentage of such calculated fair student funding formula result that each school is actually allocated.

  1. The information contained in the report required by this section shall be in a searchable, sortable, and machine-readable format.

Chapter 26: Office of Pupil Transportation Reports

§ 21-993 Reporting on school bus transportation services.

  1. Definitions. For the purposes of this chapter, the following terms have the following meanings:

   General education school bus route. The term “general education school bus route” means a school bus route for buses transporting solely school age students who do not have education plans designating specific requirements for their transportation.

   Pre-kindergarten and early intervention students. The term “pre-kindergarten and early intervention students” means children who participate in pre-kindergarten programs, early intervention programs pursuant to their individualized education programs or individualized family service plans, and any other students under the age of five who may be eligible for school bus transportation services.

   Pre-kindergarten and early intervention programs. The term “pre-kindergarten and early intervention programs” means pre-kindergarten, early intervention programs attended by children whose individualized education program or individualized family service plans specify attendance at such programs, and any other early childhood programs for students under the age of five who may be eligible for school bus transportation services.

   Pre-k vendor. The term “pre-k vendor” means a company providing transportation services to pre-kindergarten students, early intervention program students, and any other students under the age of five who may be eligible for school bus transportation services, pursuant to contracts with the department.

   Reporting period. The term “reporting period” means the preceding January 1 through June 30 for a report due on October 31, and the preceding July 1 through December 31 for a report due on April 30.

   School age student. The term “school age student” means a student in kindergarten through grade 12.

   School bus route. The term “school bus route” means any route traveled by a vehicle transporting a school age student to and from a transportation site pursuant to a contract with the department.

   School bus transportation services. The term “school bus transportation services” means the transportation of students on school buses pursuant to a contract with the department.

   School bus vendor. The term “school bus vendor” means a company providing school bus transportation services to school age students pursuant to one or more contracts with the department.

   Special education school bus route. The term “special education school bus route” means a school bus route for buses transporting school age students with disabilities whose individualized education programs designate specific requirements for their transportation, which buses may also transport children who have disabilities but do not have education plans designating special transportation requirements or non-disabled children.

   Students in temporary housing. The term “students in temporary housing” has the same meaning as that of the term “homeless children and youths” as defined in subsection 2 of section 11434a of title 42 of the United States code, provided that such individuals are enrolled in a school.

   Transportation site. The term “transportation site” means any location to which the department provides school bus transportation services, including but not limited to public schools, nonpublic schools, charter schools, an office or other site that may be part of a special education plan, a student’s home pickup site, and a student’s home drop-off site.

  1. Beginning October 31, 2019, and on or before each April 30 and October 31 thereafter, the department shall submit to the speaker of the council and post on the department’s website a report for the relevant reporting period, including:

   1. The school bus vendors providing school bus transportation services, disaggregated by the number of school bus routes assigned to such vendor, and the number of students transported by each vendor and further disaggregated by students who are transported on special education school bus routes and students who are transported on general education school bus routes;

   2. The total number of vehicles owned or ready to be used by each school bus vendor, disaggregated by vehicles for general education school bus routes and vehicles for special education school bus routes;

   3. The total number of employees known to the department employed by each school bus vendor, disaggregated by type, including but not limited to drivers, attendants, and other;

   4. The total number of school bus routes, disaggregated by school bus vendor, and further disaggregated by general education school bus routes and special education school bus routes;

   5. The total number of transportation sites to or from which school age students are transported, disaggregated by type, borough, and sites outside of the city school district of the city of New York;

   6. The total number of school age students for whom the department provided transportation, disaggregated by school bus transportation services and passes for public transportation, and further disaggregated by type of student, which shall include but not be limited to, students who are transported on special education school bus routes, students who are transported on general education school bus routes, students in temporary housing, disaggregated by students living in shelter and students living in any other location if available, students in foster care, grade level, public school students, and nonpublic school students;

   7. The total number of students in foster care that applied to the department for transportation;

   8. The total number of pre-k vendors providing transportation services, disaggregated by the number of students transported by each vendor and further disaggregated by the type of program attended by such students if known to the department, including but not limited to prekindergarten programs and early intervention programs;

   9. The total number of transportation sites to or from which pre-kindergarten and early intervention students are transported, disaggregated by type, borough, and sites outside of the city school district of the city of New York; and

   10. The total number of prekindergarten and early intervention students receiving school bus transportation services, disaggregated by type of student, which shall include but not be limited to, students who are transported to prekindergarten programs and students who are transported to early intervention programs if known by the department, students in temporary housing, disaggregated by students living in shelter and students living in any other location if available, students in foster care, grade level, public school students, and nonpublic school students; and

   11. A list of the categories of students who are eligible for school bus transportation services and a list of the categories of students who are eligible for public transportation passes.

§ 21-994 Reporting on school bus delays.

  1. Beginning October 31, 2019, and on or before each April 30 and October 31 thereafter, the department shall submit to the speaker of the council for the relevant reporting period information relating to each school bus route delay reported by school bus vendors, which shall include but not be limited to the length in minutes, cause, vendor, school, and whether or not the delay resulted in the failure to arrive at school.
  2. Beginning October 31, 2019, and on or before each April 30 and October 31 thereafter, the department shall post on the department’s website a report for the reporting period including:

   1. The number of delays in school bus transportation services, disaggregated by school bus vendor; and

   2. The number of times a bus failed to arrive at a transportation site, disaggregated by type of transportation site, and school bus vendor.

§ 21-995 Reporting on office of pupil transportation investigations.

  1. Beginning October 31, 2019, and on or before each April 30 and October 31 thereafter, the department shall submit to the speaker of the council and post on the department’s website a report for the relevant reporting period, including:

   1. The total number of calls from authorized parents and guardians received by the department about school bus transportation services, disaggregated by the nature of such calls;

   2. The total number of complaints from authorized parents and guardians received by the department about an employee of a school bus vendor, disaggregated by vendor, the nature of such complaint, whether such complaint led to a departmental determination of misconduct, and a description of the actions taken by the department for each complaint; and

   3. The total number of investigations of employees of school bus vendors opened by the department, including following a complaint by an authorized parent or guardian and any other source of information that may lead to such investigation; the number of investigations in which the department found that an employee of a school bus vendor engaged in misconduct; and descriptions of outcomes relating to any investigations in which the department found that an employee of a school bus vendor engaged in misconduct.

  1. The data provided pursuant to subdivision a of this section shall be aggregated citywide, as well as disaggregated by school bus vendor and borough.
  2. 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 related to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement. Where necessary, the department may use preliminary data to prepare such reports and may include an acknowledgment that such preliminary data is non-final and subject to change.

§ 21-996 Reporting on school bus routes.

  1. Beginning October 31, 2019, and on or before each April 30 and October 31 thereafter, the department shall submit to the speaker of the council and post on the department’s website a report for the relevant reporting period, including

   1. The number of general education school bus routes scheduled to take less than one hour to complete, the number scheduled to take between one and two hours to complete, and the number scheduled to take over two hours to complete;

   2. The number of special education school bus routes scheduled to take less than one hour to complete, the number scheduled to take between one and two hours to complete, and the number scheduled to take over two hours to complete; and

   3. For each community school district, the average length of time scheduled for general education school bus routes and for special education school bus routes.

  1. Beginning October 31, 2019, and on or before each October 31 and April 30 thereafter, the department shall submit to the speaker of the council and post on the department’s website a report for the relevant reporting period, including:

   1. The criteria used to design school bus routes;

   2. A description of the department’s goals for the time it should take a vehicle to complete a school bus route, including any particular goals for special education school bus routes and general education school bus routes;

   3. A description of any additional goals and priorities of the department in its provision of school bus transportation services for all eligible students, including but not limited to any goals and priorities relating to students in temporary housing and students in foster care; and

   4. A summary of the requirements in each school bus vendor’s contract with the department relating to the performance of dry runs prior to the first day of school, a list of school bus vendors who are in compliance with such requirements, a list of school bus vendors who have been assessed with liquidated damages and have no further right of appeal for the failure to have performed dry runs as required by contract, and a list of any vendors who do not fall on either of the aforementioned lists and a description of why not.

  1. No later than 15 days before the start of the school year, the department shall provide, by electronic means, to authorized parents and guardians of students who receive school bus transportation services the following information with respect to the students of whom they are parents or guardians:

   1. The school bus route for such students for the current school year;

   2. The scheduled arrival time at school for each school bus route and the school session time for such students;

   3. The scheduled departure time from school for each school bus route and the school session time for such students;

   4. The school bus vendor assigned to transport such students;

   5. Any process by which authorized parents and guardians, and relevant department personnel can provide feedback on, or make a request regarding, a school bus route; or

   6. If such student shall receive school bus transportation services from a pre-k vendor, the contact information for such vendor and any other relevant information.

  1. The information required by subdivision c of this section shall be provided to authorized parents or guardians by regular mail if any such authorized parent or guardian does not provide the department with an electronic mail address.
  2. The department shall make available to authorized parents or guardians of students who receive school bus transportation services on general education school bus routes or special education school bus routes, on a daily basis, the following information with respect to the students of whom they are parents or guardians:

   1. The scheduled arrival time at school for each school bus route and the school session time for such students and the actual arrival time at school for each school bus route if later than the school session time for such students;

   2. The scheduled departure time from school for each school bus route and the school session time for such students and the actual departure time from school for each school bus route if earlier than the school session time or later than the scheduled departure time for such students; and

   3. The school bus vendor assigned to each such school bus route.

  1. 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 related to the privacy of information or that would interfere with law enforcement investigations or otherwise conflict with the interests of law enforcement.

§ 21-997 School bus ridership guide.

  1. No later than 15 days before the start of each school year, the department shall provide to students and authorized parents and guardians, in hard copy and electronically, plain language information relating to:

   1. The eligibility for school bus transportation services for general education students, the services to be expected by general education students who receive school bus transportation services and such students’ authorized parents and guardians, and the responsibilities of students who receive general education school bus transportation services and such students’ authorized parents and guardians;

   2. The eligibility for school bus transportation services for special education students, the services to be expected by special education students who receive school bus transportation services and such students’ authorized parents and guardians, and the responsibilities of students who receive special education school bus transportation services and such students’ authorized parents and guardians;

   3. The eligibility for school bus transportation services for students in temporary housing living in shelters, students in temporary housing living anywhere other than shelters, and students in foster care, the expectations of such students and such students’ authorized parents and guardians, and the responsibilities of such students and such students’ authorized parents and guardians; and

   4. Responses to common questions of authorized parents and guardians relating to school bus transportation services.

   5. The procedure followed by the department when it receives notice of misconduct about an employee of a school bus vendor, including but not limited to, how authorized parents and guardians can file a complaint to the department relating to such employee, the steps taken by the department to investigate such notice and the average time frame associated with each such step, what outcomes may result from a substantiated complaint, and any opportunities for an employee of a school bus vendor to appeal.

   6. The procedure followed by the department for general education school bus routes and special education school bus routes in the event of an inclement weather emergency.

  1. Such materials shall be made available on the department’s website in English and in each of the designated citywide languages as defined in section 23-1101.

Chapter 27: After School Athletic Funding

§ 21-998 After school athletic funding.

  1. For the purposes of this section, the following terms have the following meanings:

   Athletic facility. The term “athletic facility” means an indoor or outdoor facility used by high schools for athletics.

   Athletics. The term “athletics” means after school interscholastic athletic competition for students.

   High school. The term “high school” means a school of the city school district of the city of New York that contains any combination of grades from and including grade nine through grade 12.

   Student. The term “student” means any pupil under the age of 21 as of September first of the academic period being reported, who does not have a high school diploma and who is enrolled in a high school.

  1. No later than December 1, 2019, and annually thereafter, the department shall submit to the speaker of the council and post on the department’s website an athletics report for the preceding academic year, which shall include, but not be limited to, the following:

   1. For each high school, the total amount of funding provided by the department for athletics and the amount of such funding allocated for each of the following categories: (i) coaches and athletic directors, and (ii) other than personal service related to the public schools athletic league;

   2. For each high school, the total number of students participating in athletics and the number and percentage of such students disaggregated by:

      (a) Race or ethnicity;

      (b) Gender;

      (c) Special education status;

      (d) English language learner status; and

      (e) Calendar year of entry to grade nine;

   3. A list of all criteria used by the department when making decisions about new team requests including any changes in the criteria from the preceding academic year;

   4. A list of all new team requests received by the department, including the high school that submitted such request, whether each request was approved or denied by the department and the reason for such approval or denial; and

   5. A list of all athletic facilities used by high schools in the prior academic year, including athletic facilities under the jurisdiction of the department of parks and recreation.

  1. The report required pursuant to this section shall provide citywide data, as well as data disaggregated by borough and community school district, except that paragraph 5 of subdivision b of this section shall be disaggregated solely by borough.
  2. 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 interest of law enforcement. If a category contains between one and five students, or allows another category to be narrowed to between one and five students, the number shall be replaced with a symbol. A category that contains zero shall be reported as zero, unless such reporting would violate any applicable provision of federal, state or local law relating to the privacy of student information.

Editor’s note: Section 2 of L.L. 2019/120 provides: “This local law takes effect immediately and expires and is deemed repealed upon the issuance of the report due on December 1, 2026 as required by section one of this local law.”

Chapter 28: School Diversity Advisory Group

§ 21-999 School diversity advisory group.

  1. There shall be a school diversity advisory group to provide recommendations to the department on achieving diverse, integrated schools that offer academic and social benefits for all students. Such advisory group shall review current department policies and engage parents, teachers, students, advocates, other community leaders and local and national experts on school diversity to formulate its recommendations.
  2. The school diversity advisory group shall consist of at least 27 members as follows:

   1. The mayor or the mayor’s designee;

   2. The speaker of the council or the speaker’s designee;

   3. Sixteen members appointed by the mayor, as follows: four members shall be teachers or principals employed by the department; two members shall be current students; five members shall be experts in the field of culturally responsive curriculum and pedagogy, restorative justice school discipline policies, teacher education and training, integration or education policy; and five members shall be parents of a child attending a public school within the city school district;

   4. Eight members appointed by the speaker of the council, chosen from individuals representing community based organizations whose missions are focused on improving student and school outcomes, multicultural education, diversity or equity and justice; and

   5. One member appointed by the public advocate.

  1. The parental appointees required by paragraph 3 of subdivision b of this section shall be residents of the city and from different boroughs, and at least one shall be a parent of a child enrolled in an elementary school, at least one shall be a parent of a child enrolled in a middle school and at least one shall be a parent of a child enrolled in a high school.
  2. Membership on the advisory group shall not constitute the holding of a public office, and members of the advisory group shall not be required to take or file oaths of office before serving on the advisory group. Each member of the advisory group shall serve without compensation for a term of 12 months, except that each member shall be allowed actual and necessary expenses to be audited in the same manner as other city charges.
  3. All members shall be appointed within 90 days after the effective date of this local law. Each member may be reappointed to serve successive terms. No member shall be removed except for cause by the appointing authority. In the event of a vacancy during the term of an appointed member, a successor shall be selected in the same manner as the original appointment. The members shall designate a chair from amongst themselves.
  4. The mayor may designate one or more agencies to provide staffing and other administrative support to the advisory group.
  5. Commencing on September 1, 2020, the advisory group shall be required to meet no less than quarterly and shall also be required to hold five public hearings annually, one in each of the five boroughs, to solicit public comment on the integration of New York city public schools. The advisory group shall also create a dedicated website to enable on-going solicitation of public feedback.
  6. No later than December 1, 2021, and annually thereafter, the advisory group shall prepare a report of findings, annual review of departmental integration efforts and, at the advisory group’s discretion, recommendations to the department. The recommendations shall address areas including, but not limited to:

   1. Goals for racial, socio-economic and academic diversity and how the department can best track and publish metrics in achieving such goals;

   2. How the department can support schools in diversifying their populations;

   3. Professional development of departmental employees;

   4. How the department can change its funding formulas for schools to better address inequitable opportunities in schools for programs, staff and facilities;

   5. Accessibility and integration of students with disabilities;

   6. Pedagogy and curriculum;

   7. School climate;

   8. Restorative justice and practices;

   9. Parent and teacher empowerment;

   10. The use of algorithms or other data-driven methodologies in creating policies to increase diversity; and

   11. Any other areas the advisory group deems necessary.

  1. The report required pursuant to subdivision h of this section shall be submitted to the mayor, the speaker of the council and the public advocate and posted on the reports section of the department’s website. The department shall notify students, parents, teachers and administrators each time such report is posted to the department’s website. The department is required to maintain on the reports section of its website all reports submitted by the advisory group.
  1. The department shall be required to add an addendum for reports required in year 2022 and annually thereafter that shall include information on the implementation of recommendations from prior reports. For those recommendations the department chooses to enact, the department in its addendum shall be required to include an implementation timeframe for each recommendation. If a target date will not be met, the department shall include an explanation and identify remedial steps the department will take to achieve the implementation timeframe in subsequent years.