NY Educ L § 2503 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 51 - City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants 2503 - Powers and Duties of Board of Education.

§  2503.  Powers  and  duties  of  board  of education. Subject to the   provisions of this chapter, the board of education:1. Shall perform any duty imposed upon or exercise any  power  granted   to  boards  of  education  of city school districts or union free school   districts or trustees of common school districts under this  chapter  or   other  statutes,  or  the  rules  of  the regents and regulations of the   commissioner of education so far as they may be applicable to the school   or other  educational  affairs  of  a  city  school  district,  and  not   inconsistent with the provisions of this article.2. Shall prescribe such regulations and by-laws as may be necessary to   make effectual the provisions of this chapter and for the conduct of the   proceedings  of  said board and the transaction of its business affairs,   for  the  general  management,  operation,  control,   maintenance   and   discipline  of  the  schools,  and  of  all other educational, social or   recreational  activities  and  other  interests  under  its  charge   or   direction.3.  Shall  have  in  all  respects the superintendence, management and   control of the educational affairs  of  the  district,  and,  therefore,   shall  have  all  the  powers  reasonably  necessary  to exercise powers   granted expressly or by implication  and  to  discharge  duties  imposed   expressly or by implication by this chapter or other statutes.4.  a. Shall establish and maintain such free elementary schools, high   schools, training schools, vocational and industrial schools,  technical   schools, night schools, part-time schools, vacation schools, schools for   adults,  schools  for  physically  or mentally handicapped or delinquent   children or such other schools or  classes  as  such  board  shall  deem   necessary to meet the needs and demands of the city.b.  May  maintain  public  libraries  pursuant  to section two hundred   fifty-five of this chapter, or may contract with any public  library  or   any  free  association  library  registered  by  the regents pursuant to   section two hundred fifty-six thereof; may organize and maintain  public   lecture  courses;  and  shall  establish  and  equip  such  playgrounds,   recreation centers and social centers as the board  from  time  to  time   shall deem proper.c.  Shall  authorize the general courses of study which shall be given   in the schools and shall approve the content of such courses before they   become operative.d. Shall authorize and determine the  textbooks  to  be  used  in  the   schools  under  its  jurisdiction;  and  shall regulate the admission of   pupils and their transfer from one class, or grade to another  as  their   scholarship  shall  warrant;  and  shall determine the school where each   pupil shall attend.5. Shall create, abolish, maintain  and  consolidate  such  positions,   divisions,  boards  or bureaus as, in its judgment, may be necessary for   the proper and efficient  administration  of  its  work;  shall  appoint   properly   qualified   persons  to  fill  such  positions,  including  a   superintendent  of  schools,  such  associate,   assistant   and   other   superintendents,    directors,    supervisors,   principals,   teachers,   lecturers,  special  instructors,  medical  inspectors,  nurses,  claims   auditors,  deputy  claims  auditors,  attendance  officers, secretaries,   clerks, custodians, janitors and other employees and  other  persons  or   experts  in  educational, social or recreational work or in the business   management or direction of its affairs as  said  board  shall  determine   necessary  for  the  efficient  management  of  the  schools  and  other   educational, social, recreational and  business  activities;  and  shall   determine their duties except as otherwise provided herein.6.  Shall have the care, custody, control, safekeeping and maintenance   of all school property or other property used for educational, social or    recreational work  of  the  district,  and  shall  prescribe  rules  and   regulations  for  the  preservation  of  such property. This subdivision   shall not apply to property used for social or recreational programs  of   municipalities not established or maintained exclusively for educational   purposes.7.  Shall  purchase  and  furnish such apparatus, maps, globes, books,   furniture and other equipment and supplies as may be necessary  for  the   proper  and  efficient  management of the schools and other educational,   social and recreational activities and interests  under  its  management   and  control;  and  may,  without  authorization  by the voters, provide   textbooks or other supplies to all the children attending the schools of   such city school district.7-a. To develop a plan to ensure that all instructional  materials  to   be  used  in  the  schools  of  the  district  are available in a usable   alternative format for each student with a  disability,  as  defined  in   section forty-four hundred one of this chapter, and for each student who   is   a  qualified  individual  with  a  disability  as  defined  in  the   rehabilitation act of nineteen hundred ninety-three (29 U.S.C.  701)  as   amended,  in  accordance  with  his  or her educational needs and course   selection,  at  the  same  time  as  such  instructional  materials  are   available  to  non-disabled students. As part of such plan, the board of   education shall amend its procurement policies to give a  preference  in   the  purchase of instructional materials to vendors who agree to provide   materials in alternative formats.  For  purposes  of  this  subdivision,   "alternative   format"   shall   mean  any  medium  or  format  for  the   presentation of instructional materials, other than a traditional  print   textbook,  that  is  needed  as  an accommodation for a disabled student   enrolled in the school district, including but not limited  to  Braille,   large  print, open and closed captioned, audio, or an electronic file in   an approved format, as defined in the regulations of  the  commissioner.   When  an  electronic  file  is  provided, the plan shall specify how the   format will be accessed  by  students  and/or  how  the  district  shall   convert  to  an accessible format. Such plan shall identify the needs of   students residing in the district for alternative format materials. Such   plan shall also specify ordering timelines to  ensure  that  alternative   format  materials  are  available  at  the  same  time as regular format   materials. Such plans shall include procedures to address  the  need  to   obtain  materials  in  alternative  format  without  delay  for disabled   students who move into the school district during the school year.8. Shall lease, for such term as may be necessary, and equip  property   when  necessary  for the purpose of furnishing school accommodations for   the schools of the district and may enter into leases or  lease-purchase   agreements  under  the  same  terms  and  conditions  as  may  boards of   education of union  free  school  districts.  To  be  eligible  for  aid   pursuant  to  subdivision  six of section thirty-six hundred two of this   chapter, any such lease or lease-purchase agreement shall be approved by   the commissioner  prior  to  execution;  the  leased  space  shall  meet   requirements  for  access  by  individuals  with  disabilities  to  both   facilities and programs, as defined in regulations of the  commissioner;   the requirements set forth in paragraphs a, b, c, d and f of subdivision   one of section four hundred three-b of this chapter shall be met; in the   case  of  a  lease-purchase  agreement  the  requirements of section one   hundred three-b of the general municipal  law  shall  be  met;  and  the   leased  space  shall  be  used  to  house  programs for pupils in grades   prekindergarten through twelve, other than programs funded  pursuant  to   section  forty-four hundred ten of this chapter, with minimal associated   administrative  and  support  services  space   as   approved   by   the   commissioner. 9.  a.  Shall  promote  the  best  interests  of the schools and other   activities committed to  its  care,  and  shall  authorize,  or  in  its   discretion  conduct,  and  maintain  such  extra  classroom  activities,   including the operation of cafeterias or restaurant service for  use  by   pupils and teachers, as the board, from time to time, shall deem proper.   Such  cafeterias  or restaurant service may be used by the community for   school related functions and activities and  to  furnish  meals  to  the   elderly  residents,  sixty  years of age or older, of the district. Such   utilization shall be subject to the approval of the board of  education,   and  shall  be  subject  to  voter  approval  unless  the  cafeteria  or   restaurant service was operated during the  preceding  school  year  and   requires  no  tax  levy.  Charges shall be sufficient to meet the direct   cost of  preparing  and  serving  such  meals,  reducible  by  available   reimbursements.b.  For  the  purposes  of  this  section,  a  general organization of   students of a school conducted under the rules and  regulations  of  the   board  of education or with its approval, and engaged in extra classroom   activities other than the operation of a cafeteria or restaurant service   shall be known as a student organization.  Moneys  received  or  derived   from  carrying  on such extra classroom activity shall be subject to the   use and  disposition  of  such  student  organization  under  rules  and   regulations  prescribed  by  the  board  of  education,  which rules and   regulations may require the deposit of  such  moneys  with  an  official   designated therein.10.  May  compensate,  in its discretion, teachers and other employees   for loss of personal property but shall provide  workmen's  compensation   coverage  as provided in the workmen's compensation law for all teachers   and other employees for injuries incurred in actual performance of duty.10-a. In its discretion, to provide under a group insurance policy  or   policies   issued  by  any  insurance  company  or  insurance  companies   authorized to do business in this state or under a group contract issued   by one or more  corporations  subject  to  article  forty-three  of  the   insurance  law, life insurance or accident and health insurance benefits   or medical and surgical benefits or hospital service benefits or any two   or more of such kinds of benefits to teachers and other employees of the   school district who participate in  a  plan  or  plans,  as  hereinafter   provided. The disbursing officer of the school district is authorized to   deduct  from  the  salary of such participant with his prior consent, in   writing, the sums representing the participant's share of the premium or   premiums which are payable by such officer to such insurance company  or   corporation.  Such  board  of  education  is authorized to pay from such   moneys as are available for the purpose, a share of  the  cost  of  such   benefit  or benefits in such amount as is required to be paid under such   group insurance policy or policies or group contract or contracts by the   board of education, as employer. The sum to be  paid  by  the  board  of   education under such policy or policies or contract or contracts, in the   discretion  of such board may be any percentage of the total cost of the   benefit or benefits including the whole thereof.10-b. In  its  discretion,  to  purchase  insurance  against  personal   injuries  incurred  by  an  authorized participant in a school volunteer   program, including but not limited to, those authorized participants who   assist on school buses, school  sponsored  transportation  to  and  from   school, or on school sponsored field trips or any other school sponsored   activity;  provided,  however, that the injuries were incurred while the   authorized participant was functioning either within the scope of his or   her authorized volunteer duties or under the direction of the  board  of   education,  trustee,  or  board  of cooperative educational services, or   both. 11. Shall provide transportation, home teaching or special classes, as   defined under sections forty-four hundred one and forty-four hundred two   of this chapter for physically or mentally  handicapped  and  delinquent   children.  Such  transportation,  home teaching or special classes, when   provided  pursuant  to  this  subdivision,  shall be granted to all such   children irrespective of the school they legally attend.12. Shall provide by contract or otherwise for the  transportation  of   children  to  and from any school or institution of learning whenever in   its judgment such transportation is required because of  the  remoteness   of the school to the pupil or for the promotion of the best interests of   such  children;  and,  in  the case of an enlarged city school district,   shall provide such transportation to children residing outside the  city   limits  and  may, in its discretion, provide transportation for children   residing within the city limits.   Any such contract may be made  for  a   period of not exceeding five years, notwithstanding any provision of any   charter  or  other provision of law inconsistent herewith. Provided that   the cost of such transportation:a.   to and from schools within  the  school  district  for  distances   greater  than two or three miles, as applicable, and to and from schools   outside the  district  within  the  mileage  limitations  prescribed  in   paragraph a of subdivision one of section thirty-six hundred thirty-five   of this chapter shall always be an ordinary contingent expense, andb.  for  distances less than two or three miles, as applicable, or for   greater than fifteen miles to and  from  schools  outside  the  district   shall  be an ordinary contingent expense if: (i) such transportation was   provided during the preceding school year and the qualified voters  have   not  passed  a  special proposition constricting the mileage limitations   for the current school year from those in effect in the prior  year,  or   (ii)  the  qualified  voters have passed a special proposition expanding   the mileage limitations in effect in the prior year.12-a. May lease a motor vehicle or vehicles for the transportation  of   children  of  the  district  under  the same terms and conditions as the   board of education of a union free school district.13. Shall provide, outside the territorial limits of the  city  school   district  but  within  the state, for the education of children resident   within the city school district whenever in the judgment of the board of   education, approved by the commissioner  of  education,  the  health  or   welfare  of  such  children makes such provision necessary or desirable.   The average daily attendance of such pupils shall  be  included  in  the   average   daily   attendance  of  such  district  as  certified  to  the   commissioner in the report of the board of education14.  Shall call special district meetings of the qualified  voters  of   the  district, whenever it shall deem it necessary and proper, except as   otherwise provided in section twenty-six hundred one-a of this  chapter;   shall  give  notice  of  special  or  annual elections; and shall submit   propositions to the voters at such special or annual meetings.15. Shall appoint and compensate a school district  clerk,  who  shall   also  be  the  clerk  of  the  board of education, and a school district   treasurer, who shall hold their respective offices during  the  pleasure   of  the  board. It shall be the duty of the school district treasurer to   maintain  detailed  accounting  records  showing  the  status  of   each   appropriation, provided however that the board of education may delegate   such  duty  to  an employee designated for such purpose. No city officer   shall be appointed to any such office,  unless  the  common  council  or   other  legislative  body  of  the city shall give its consent thereto in   writing.16. Shall have power  to  contract  with  the  city,  subject  to  the   approval  of  the commissioner of education in all cases where such use,    according to a rule established by such commissioner, might  affect  the   educational  program,  for the use of agencies, employees and facilities   of  the  city,  paying  to  the  city  its  agreed  proportion  of   the   compensation  or  costs  but  no  agreement therefor shall be made for a   period longer than five years.Notwithstanding the foregoing provisions, a city school district which   employs the facilities and services of the civil service  commission  of   the  city  in  which  it  is  located  in  whole  or in part shall pay a   fractional part of the actual annual expenditures for such civil service   commission on or before the first day of  November  in  each  year.  The   numerator  of  such  fraction  shall  be  the number of classified civil   service employees of the city school district multiplied by  the  amount   of  expenditures  for  such commission during the city's previous fiscal   year, and the denominator shall be the total of the number of classified   civil service employees of the city and the city  school  district.  For   the  purpose  of making such computation the numbers of classified civil   service employees as shall appear on the payrolls of the  city  and  the   city  school  district  for  the final payroll period in December of the   preceding year shall be used.17. In its discretion, and with the written consent of  any  employee,   to  deduct from the salary of such employee such amount as may be agreed   to by such employee for payment to any credit union  doing  business  in   the  state  of New York as such employee may designate. Any such written   authorization may be withdrawn by such employee at any time.* 18. a. Shall require, for purposes  of  a  criminal  history  record   check,  the  fingerprinting  of  all  prospective  employees pursuant to   section three thousand thirty-five of this  chapter,  who  do  not  hold   valid  clearance  pursuant  to such section or pursuant to section three   thousand four-b of this chapter  or  section  five  hundred  nine-cc  or   twelve  hundred  twenty-nine-d  of the vehicle and traffic law. Prior to   initiating the fingerprinting process, the  prospective  employer  shall   furnish  the  applicant  with  the  form  described  in paragraph (c) of   subdivision thirty of section three hundred five  of  this  chapter  and   shall  obtain  the  applicant's  consent to the criminal history records   search. Every set of fingerprints taken  pursuant  to  this  subdivision   shall  be  promptly  submitted  to  the  commissioner  for  purposes  of   clearance for employment.b. Upon the  recommendation  of  the  superintendent,  the  board  may   conditionally  appoint a prospective employee. A request for conditional   clearance  shall  be  forwarded  to  the  commissioner  along  with  the   prospective  employee's fingerprints, as required by paragraph a of this   subdivision. Such appointment shall not commence until  notification  by   the  commissioner  that  the prospective employee has been conditionally   cleared for employment and shall terminate forty-five  days  after  such   notification  of  conditional clearance or when the prospective employer   is notified of a determination by the  commissioner  to  grant  or  deny   clearance,  whichever occurs earlier, and may not be extended or renewed   unless the commissioner issues a new conditional clearance after finding   that there was good cause for failing to obtain  clearance  within  such   period,  provided  that  if  clearance is granted, the appointment shall   continue  and  the  conditional  status  shall  be  removed.  Prior   to   commencement  of  such conditional appointment, the prospective employer   shall obtain a signed statement for  conditional  appointment  from  the   prospective  employee,  indicating  whether,  to  the best of his or her   knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal   conviction in any jurisdiction outside the state.c.  Upon  the recommendation of the superintendent, the board may make   an  emergency  conditional  appointment  when  an  unforeseen  emergency    vacancy  has  occurred.  When  such appointment is made, the process for   conditional appointment pursuant to paragraph b of this subdivision must   also be initiated. Emergency conditional appointment may commence  prior   to notification from the commissioner on conditional clearance but shall   terminate  twenty business days from the date such appointment commences   or when  the  prospective  employer  is  notified  by  the  commissioner   regarding conditional clearance, whichever occurs earlier, provided that   if conditional clearance is granted, the appointment shall continue as a   conditional  appointment. Prior to the commencement of such appointment,   the prospective employer must obtain a signed  statement  for  emergency   conditional   appointment  from  the  prospective  employee,  indicating   whether, to the best of his or her knowledge, he or she  has  a  pending   criminal   charge   or  criminal  conviction  in  any  jurisdiction.  An   unforeseen emergency vacancy shall be defined as:  (i)  a  vacancy  that   occurred  less  than  ten  business  days before the start of any school   session,  including  summer  school,  or  during  any  school   session,   including   summer  school,  without  sufficient  notice  to  allow  for   clearance or conditional clearance; (ii) when no other qualified  person   is  available  to fill the vacancy temporarily; and (iii) when emergency   conditional appointment is necessary  to  maintain  services  which  the   district is legally required to provide or services necessary to protect   the  health, education or safety of students or staff. The provisions of   subparagraph (i) of this paragraph shall not apply if  the  board  finds   that the district has been unable to fill the vacancy despite good faith   efforts  to  fill  such  vacancy  in  a  manner which would have allowed   sufficient time for clearance or conditional clearance.d. Shall develop a policy for the safety  of  the  children  who  have   contact  with  an  employee holding conditional appointment or emergency   conditional appointment.* NB Effective until July 1, 2022* 18. Shall require, for purposes of a criminal history record  check,   the  fingerprinting  of  all  prospective  employees pursuant to section   three thousand thirty-five of  this  chapter,  who  do  not  hold  valid   clearance pursuant to such section or pursuant to section three thousand   four-b of this chapter or section five hundred nine-cc or twelve hundred   twenty-nine-d  of  the  vehicle and traffic law. Prior to initiating the   fingerprinting process,  the  prospective  employer  shall  furnish  the   applicant with the form described in paragraph (c) of subdivision thirty   of  section  three  hundred  five  of  this chapter and shall obtain the   applicant's consent to the criminal history records search. Every set of   fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly   submitted to the commissioner for purposes of clearance for employment.* NB Effective July 1, 202219.  Shall  upon  commencement  and  termination  of  employment of an   employee by the school district, provide the commissioner with the  name   of and position held by such employee.20.  Where  the  district  has  provided  transportation  to  students   enrolled  in  such  district  to  a   school   sponsored   field   trip,   extracurricular  activity  or  any other similar event, it shall provide   transportation  back  to  either  the  point  of  departure  or  to  the   appropriate  school in the district, unless the parent or legal guardian   of a student  participating  in  such  event  has  provided  the  school   district   with   written   notice,  consistent  with  district  policy,   authorizing an  alternative  form  of  return  transportation  for  such   student  or  unless  intervening  circumstances make such transportation   impractical.   In   cases   where   intervening    circumstances    make   transportation  of  a  student  back to the point of departure or to the   appropriate school in the district impractical, a representative of  the    school  district  shall  remain  with  the  student until such student's   parent or legal guardian has been (a)  contacted  and  informed  of  the   intervening circumstances which make such transportation impractical and   (b)  such  student  had  been  delivered  to  his or her parent or legal   guardian.* 21. To pass a resolution, in the discretion of  the  board  of  such   district,  authorizing the entering of an agreement with the city within   such district,  for  the  installation  and  use  of  school  bus  photo   violation   monitoring   systems  pursuant  to  section  eleven  hundred   seventy-four-a of  the  vehicle  and  traffic  law,  provided  that  the   purchase,  lease,  installation, operation and maintenance, or any other   costs associated with such cameras shall not be  considered  an  aidable   expense  pursuant  to  section thirty-six hundred twenty-three-a of this   chapter.* NB Repealed December 1, 2024