Section 2556. Buildings, sites, et cetera  


Latest version.
  • 1.  A board of education is
      authorized and it shall have power to purchase, repair, remodel, improve
      or enlarge  school  buildings  or  other  buildings  or  sites,  and  to
      construct  new  buildings,  subject to such limitations and restrictions
      and exceptions as are herein provided.
        2. Whenever in the judgment of a board of education it is necessary to
      select a new site, or to enlarge a  present  site,  or  to  designate  a
      playground  or  recreation  center, or to acquire title to or lease real
      property for other educational purposes authorized by this chapter, such
      board may take options on  property  desirable  for  such  purposes  but
      before  taking  title  thereto  shall  pass  a  resolution  stating  the
      necessity therefor, describing  by  metes  and  bounds  the  grounds  or
      territory  desired  for each of such purposes, and estimating the amount
      of funds necessary therefor. An item for such amount, if funds  are  not
      available for the purchase or lease of such property, may be included in
      the  next  annual  budget, if not included in a special budget as herein
      provided.
        3. Whenever in the judgment of a board of education the needs  of  the
      city  require  a  new  building for school purposes or for recreation or
      other educational purposes authorized by this chapter, or  when  in  its
      judgment  a  building should be remodelled or enlarged, such board shall
      pass a resolution  specifying  in  detail  the  necessity  therefor  and
      estimating  the  amount of funds necessary for such purpose. An item for
      such amount, if funds are not available for  the  construction  of  such
      building,  may be included in the next annual budget, if not included in
      a special budget as herein provided.
        4. No site shall be designated except upon a majority vote of a  board
      of  education  and  no  building  shall  be  constructed,  remodelled or
      enlarged until the plans and specifications therefor are approved by the
      board of education.
        5. It shall be unlawful for a schoolhouse to  be  constructed  in  the
      city  of  New York without an open-air playground attached to or used in
      connection with the same.
        6. After a site has been selected and plans and specifications  for  a
      building  thereon  have  been  approved  as  provided herein, a board of
      education in a city having  a  population  of  more  than  four  hundred
      thousand but less than one million may, in its discretion, by regulation
      deliver  such  plans  and  specifications to the common council or other
      local legislative body which may thereupon, in its discretion,  award  a
      contract  for  the  erection  of such building in the same manner and in
      accordance with  the  provisions  of  law  regulating  the  awarding  of
      contracts for the construction of municipal buildings of such city.
        7.  a.  The  board  of  education  of  the  city of New York, with the
      permission of the department of parks and of the board of estimate,  may
      construct  schoolhouses  and  school  playgrounds  upon a portion of the
      public parks in the district east of the Bowery and Catharine street and
      south of Fourth street in such city.
        b. The board of education of the city of New York, with the permission
      of the department of parks and recreation and of the board of  estimate,
      may construct a temporary schoolhouse upon a portion of a public park in
      the   borough   of   Queens,   commonly  referred  to  as  Equity  Park.
      Notwithstanding any inconsistent provision of subdivision nine  of  this
      section,  such  park  land shall revert to the control and management of
      the department of parks and recreation seven years after the date of the
      completion of the construction of  such  temporary  schoolhouse  without
      further action of the board of education or of the board of estimate.
        8.  In  a city having a population of one hundred twenty-five thousand
      or more and less than two hundred fifty thousand  in  which  the  common
    
      council,  the  board  of  estimate  and  apportionment  and the board of
      contract and supply and the commissioner of public works or  other  city
      officials,  or  any one or more thereof, had the authority under the law
      in  force  prior  to  June eighth, nineteen hundred seventeen, to erect,
      remodel, improve, or enlarge school buildings or to purchase supplies or
      real property for any school purpose, such  officers,  board  or  boards
      shall  continue  to  possess  such powers and duties and to perform such
      functions.
        9. When the real property of a city under the control  and  management
      of  the  board of education is no longer needed for educational purposes
      in the city, such board shall notify the common council of such fact and
      in a city having no common council, the  council  or  other  legislative
      body  or  the commissioners of the sinking fund, and such common council
      or such council or body or such commissioners of the  sinking  fund,  as
      the case may be, may then sell or dispose of such property in the manner
      in  which  other real property owned by the city may be sold or disposed
      of and the proceeds thereof shall be credited to  the  funds  under  the
      control  and  administration  of  the  board  of education in such city,
      except that in a city where the proceeds of such sales were required  by
      statute,  in effect prior to June eighth, nineteen hundred seventeen, to
      be paid to the credit of the sinking  fund  established  and  maintained
      therein,  the  proceeds  of  such sales shall continue to be paid to the
      credit of the sinking fund of such city  as  required  by  statute,  and
      except  that  in  a  city  having  a  council or a board of estimate and
      apportionment, such council or board may, by resolution,  authorize  the
      use of the proceeds of such sale for other municipal purposes.
        10. The board of education shall let all contracts for public work and
      all   purchase   contracts   to  the  lowest  responsible  bidder  after
      advertisement for bids where so required by section one hundred three of
      the general municipal law.
        10-a. In a city having a population of one  million  or  more  if  the
      several  parts  of  the  work  or  labor to be done and/or the supplies,
      materials and equipment  to  be  furnished  shall  together  involve  an
      expenditure  of  not more than fifteen thousand dollars, the same may be
      procured on order awarded to the lowest  responsible  bidder  upon  bids
      submitted  without  public advertisement under such regulations as shall
      be made by the board  of  education.  Purchases  of  two  hundred  fifty
      dollars or less may be made without competition.
        11.  In  all  contracts  by  a  board of education, in a city having a
      population of  one  million  or  more,  for  the  construction,  repair,
      alteration  or  remodeling of buildings or for the purchase of supplies,
      furniture or equipment, a stipulation may  be  inserted  for  liquidated
      damages for any breach, failure or delay in the performance thereof; and
      such  board  of education is authorized and empowered to remit the whole
      or any part of such damages  as  in  its  discretion  may  be  just  and
      equitable;  and  in  all suits commenced on any such contracts or on any
      bond given in connection therewith it shall not be  necessary  for  such
      board,  whether  plaintiff  or  defendant,  to  prove actual or specific
      damages sustained by reason of any such breach, failure  or  delay,  but
      such  stipulation for liquidated damages shall be conclusive and binding
      upon all parties.
        12. In a city having a population of one million or more  a  board  of
      education may make rules and regulations governing the qualifications of
      bidders  entering  into  contracts  for the erection and construction of
      buildings, and for the alteration of buildings when the entire  cost  of
      such  alteration  shall exceed twenty-five thousand dollars. The bidding
      may be restricted to those who shall have qualified prior to the receipt
      of bids according to standards fixed by the board of education, provided
    
      that notice or notices for the submission  of  qualifications  shall  be
      published  in  the  official  publication of the municipality, and in an
      appropriate trade journal published in such city,  at  least  once,  not
      less  than  ten  days  prior  to  the  date  fixed  for  the  filing  of
      qualifications.
        13. A board of education, in a city having a population of one million
      or more, may through its duly designated officers, agents  or  employees
      enter upon public or private property for the purpose of making surveys,
      soundings  or  test  borings necessary for the exercise of the powers or
      the performance of the duties, of  such  board  of  education,  provided
      however,  that  the  mayor  had formally approved the acquisition of the
      real property as a school site.