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


Latest version.
  • a.  The  title  to  all  property,  real  and  personal,  heretofore or hereafter acquired for school or educational purposes, and
      also  the title to all property, real and personal, purchased for school
      or educational purposes with any school moneys, whether derived from the
      issue of bonds or raised by taxation, shall be vested in the  city,  but
      under the care and control of the board of education for the purposes of
      public education, recreation and other public uses.
        b.  Suits in relation to such property shall be brought in the name of
      the board of education.
        c. The city shall have power to take and hold any  property,  real  or
      personal, devised or bequeathed or transferred to it for the purposes of
      education  in  said  city; but such property shall be under the care and
      control of the board of education for the purposes of public  education,
      recreation and other public uses in the city.
        d.  Not  later  than  the  twenty-sixth  day  of  April,  the board of
      education shall submit to the mayor,  the  borough  presidents  and  the
      council  an  itemized  statement,  covering those portions of the city's
      capital plant, as defined in section eleven hundred  ten-a,  which  have
      been  committed  to  the  care  and control of the board of education or
      officers or employees thereof, by project type and, within project type,
      by personal services and other-than-personal services,  of  the  amounts
      appropriated  for  maintenance  of such portions of the capital plant in
      the previous and current fiscal  years  as  originally  adopted  and  as
      modified  through  the first nine months of the current fiscal year, and
      of the amounts actually expended for such maintenance  in  the  previous
      fiscal year and through the first nine months of the current fiscal year
      and  the  amounts  estimated  to be expended for such purpose during the
      balance  of  the  current  fiscal  year;  and,  an  explanation  of  the
      substantive  differences,  if any, between the amounts actually expended
      for such maintenance in the previous fiscal  year  or  projected  to  be
      expended  for  such  purpose  in the current fiscal year and the amounts
      originally appropriated for such purpose for such years.
        e. Not later than the first day of February of the year  two  thousand
      and three and on a quarterly basis thereafter, not later than May first,
      August  first,  November  first,  and  February  first of each year, the
      chancellor of the city school district shall submit to  the  council  an
      itemized  statement  covering the status of every school capital project
      that was completed during the immediately preceding  fiscal  quarter  or
      not  completed  but  for  which funding was appropriated. This statement
      shall include, but not be limited to, the following information for each
      such project: (1) the total amount appropriated for the  school  capital
      project; (2) the original and current total estimated cost of the school
      capital  project,  disaggregated  by  project  phase, including, but not
      limited to, scope, design, and construction; (3) the projected or actual
      start and end date of each such project  phase;  (4)  the  total  amount
      expended  on the project as of the last day of the immediately preceding
      fiscal quarter, disaggregated by project phase; (5) a clear  explanation
      of  the  reasons for any projected or actual cost overrun of ten percent
      or more of the  total  estimated  cost  of  the  project;  (6)  a  clear
      explanation  of  the  reasons for any delay of sixty days or longer with
      respect to any phase of the project  and  (7)  the  name,  office  phone
      number  and e-mail address of the project manager, or person responsible
      for reporting on the project, within three months of  appropriation  for
      the school capital project.
        f. The chancellor of the city school district shall provide additional
      electronic notification to the council within thirty days of learning of
      any of the following with respect to any school capital project: (1) any
    
      projected  or  actual  delay  of  sixty days or more with respect to any
      phase of the project and (2) any  projected  or  actual  change  of  ten
      percent  or  more  of  the  total  estimated  cost  of  the project. The
      chancellor   of   the  city  school  district  shall  also  provide  the
      information required by this  subdivision  to  the  council  member  who
      represents the district in which the project is located.
        g.  The  office  of  management  and  budget  shall provide electronic
      notification to the council immediately upon issuing  a  certificate  to
      proceed  for  every school capital project. The office of management and
      budget shall also provide the information required in  this  subdivision
      to  the  council member who represents the district in which the project
      is located.
        h. For purposes of subdivisions e, f, and g, "school capital  project"
      shall  mean:  (1) any project included in any current or prior five-year
      educational facilities capital plan; and (2) any capital project  for  a
      school  facility for which funding was appropriated to the department of
      education or its successor pursuant to sections two hundred eleven,  two
      hundred forty-nine, or two hundred fifty-four.