New York Property Under Board Of Education; Care And Control; Suits In Regard Thereto.




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