NY Educ L § 2554 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More 2554 - Powers and Duties of Board of Education.

§  2554.  Powers  and  duties  of board of education. * Subject to the provisions of this chapter, the board of education in a city, except the city board of the city of New York, shall have the power and it shall be its duty:   * NB Effective until June 30, 2022   * Subject to the provisions of this chapter, the board of education in a city shall have the power and it shall be its duty:   * NB Effective June 30, 2022   1. To perform any duty imposed upon boards of education or trustees of common schools 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, and not inconsistent with the provisions of this  article,  except  that the  provisions  of  subdivision six of section sixteen hundred four and subdivision eight of section seventeen  hundred  nine  of  this  chapter shall  not  be  applicable  to a board of education in any city having a population of over thirty-five thousand in which the title to the school property is vested in the city.   2. To  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;  to  appoint  a superintendent of schools, such associate, assistant, district and other superintendents,    examiners,   directors,   supervisors,   principals, teachers, lecturers, special instructors,  medical  inspectors,  nurses, 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;  provided,  however,  that in the city school districts of the cities of Buffalo, Rochester, and Syracuse  appointment of   associate,   assistant  and  district  superintendents,  and  other supervising  staff  who  are  excluded  from  the   right   to   bargain collectively  pursuant  to  article  fourteen  of  the civil service law shall, within the  amounts  budgeted  for  such  positions,  be  by  the superintendent  of  such  city  school  district; and to determine their duties except as otherwise provided herein.   2-a. a. In its discretion  to  adopt  a  resolution  establishing  the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of the board. In its discretion, the  board  may  adopt  a resolution establishing one or more offices of deputy claims auditor who shall act as claims auditor in the absence  of the  claims  auditor.  Such  claims auditor shall report directly to the board of education. No person shall be eligible for appointment  to  the office of claims auditor or deputy claims auditor who shall be  (1) a member of the board of education;  (2) a clerk or treasurer of the board of education;  (3)  the  superintendent  of schools or other official of the district responsible for business management;  (4) the person designated as purchasing agent; or  (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district.   b. The positions of claims auditor or deputy claims auditor  shall  be classified in the exempt class of civil service. The board of education, at  any  time after the establishment of the office of claims auditor or deputy claims auditor, may adopt a  resolution  abolishing  the  office. When  the  office  of  claims  auditor shall have been established and a claims auditor shall have been appointed and shall have  qualified,  the  powers  and  duties  of  the board of education with respect to auditing accounts, charges, claims or demands against the  city  school  district shall  devolve  upon and thereafter be exercised by such claims auditor, during  the  continuance  of the office. The board of education shall be permitted  to  delegate  the  claims  audit  function  to  one  or  more independent   entities   by   using   (1)   inter-municipal  cooperative agreements, or (2) independent contractors, to fulfill this function.   c. When the board of education delegates  the  claims  audit  function using   an   inter-municipal   cooperative   agreement,  shared  service authorized by section nineteen  hundred  fifty  of  this  title,  or  an independent  contractor, the board shall be responsible for auditing all claims for services from  the  entity  providing  the  delegated  claims auditor,  either  directly  or  through  a  delegation  to  a  different independent entity.   * 3. To appoint, in a city having a population of one million or more, notwithstanding the provisions of any  local  laws  or  charter  to  the contrary,  a  superintendent of schools emeritus, whose duty it shall be to consult  and  advise  with  the  educational  officers  as  and  when requested  by the superintendent of schools. No person shall be eligible for such appointment unless he shall have served  in  the  positions  of superintendent   of   schools,  associate  superintendent  and  district superintendent or assistant superintendent, and whose  total  period  of service  in  such  position shall have been at least ten years in a city having a population of one million or more. He  shall  receive  for  the duration  of  his  life such annual salary as the board of education and the mayor or like financial authority shall determine at the time of his appointment, but he shall not receive  a  retirement  allowance  or  any other  benefit from the teachers' retirement system or any other pension fund, and upon his death his beneficiaries and/or his estate  shall  not be  entitled  to  any  benefits from any pension fund as a result of his service.   * NB Repealed July 1, 2002 and revived on June 30, 2022   4. To have the care, custody, control and safekeeping  of  all  school property  or  other property of the city used for educational, social or recreational work and not specifically placed by law under  the  control of  some  other  body or officer, and to prescribe rules and regulations for the preservation of such property.   * 5. To dispose, in the city of New York, of  such  personal  property used  in  the  schools and other buildings of the city of New York under the charge of the board of education of such city as shall no longer  be required  for use therein. Such disposition shall be made in the name of the city of New York and for such city.   Such  board  may  sell,  at  prices  as  may  be  agreed  upon,   such manufactured  articles  or other products of any of its schools, day and evening, as may not be utilized by the board of education and all moneys realized by the sale thereof shall be paid into the  city  treasury  and shall  at  once  be  appropriated  by  the  city to a special fund to be administered by the board of education for such purposes as such  board, in  its discretion, may determine. All other moneys realized by the sale of personal property shall be paid into the city treasury and  shall  at once be appropriated by the city to the special school fund of the board of  education  for  use  in  the  borough in which the property sold was situated.   Such  method  of  disposal  shall  be  deemed  not  to  apply  to  the disposition  of  school  books  pursuant  to  subdivision  eight of this section.   * NB Repealed July 1, 2002 and revived on June 30, 2022    6. To lease property required for the  purpose  of  furnishing  school accommodations for schools administered by the board of education and to prepare  and execute leases therefor. To be eligible for aid pursuant to subdivision six of section thirty-six hundred two of this  chapter,  any such lease 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,  except  for  the requirement of voter approval; 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.   7. To 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. To provide textbooks or other supplies to all the  children attending  the  schools  of such cities in which free textbooks or other supplies were lawfully provided prior to June eighth,  nineteen  hundred seventeen.   * 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.   * NB Effective until June 30, 2022   * 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; provided that  in  the  city  school district  of  the  city of New York, such plan shall be developed by the chancellor  of  the  city  district.  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.   * NB Effective June 30, 2022   * 8. To dispose of, in the city of New York, to the best advantage  of the  city of New York, either by sale or on the basis of money allowance for waste paper all books delivered to the  several  public  schools  of such  city  that have been discarded either by reason of being obsolete, no longer required by the  course  of  study,  worn  by  long  usage  or mutilated  by  accident.  If disposal is made by sale it shall be to the highest bidder and the money  realized  shall  be  paid  into  the  city treasury  and  shall  at once be appropriated by the city to the special school fund of the board of education entitled "supplies".  If  disposal is  made on the basis of money allowance for waste paper, it shall be to the highest bidder. Such discarded books  may  be  disposed  of  without public  advertisement  or  entry  into  a  formal  contract.  Should the discarded books be in such condition that no sale  or  exchange  can  be made,  or  should  there  be reason to believe that such discarded books have become infected through disease among the  pupils,  or  should  the superintendent  of  schools  certify  that  such discarded books contain erroneous,  inaccurate,   obsolete   or   antiquated   subject   matter, illustrations, maps, charts or other material, the committee on supplies of  the  board of education, if such books cannot be sold, given away or otherwise salvaged as waste paper without danger to the  public  health, may   authorize   their   destruction   by  fire,  in  which  event  the superintendent of school supplies shall obtain and file in his office  a certificate  that  such  books  have  been  so  destroyed, signed by the principal of the school in which the books are located.   * NB Repealed July 1, 2002 and revived on June 30, 2022   9. To establish  and  maintain  such  free  elementary  schools,  high schools,   training   schools,   vocational   and   industrial  schools, kindergartens,  nursery  schools,  technical  schools,  night   schools, part-time or continuation schools, vocation 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.   10.  To  establish  and  maintain  libraries  which may be open to the public,  to  organize  and  maintain  public  lecture  courses,  and  to establish and equip playgrounds, recreation centers, social centers, and  reading  rooms  from  such  funds as the education law or other statutes authorize and the state appropriates for such purposes,  and  from  such other  funds  as  may  be provided therefor from local taxation or other sources.   11.  To authorize the general courses of study which shall be given in the schools and to approve the  content  of  such  courses  before  they become operative.   12. To authorize and determine the textbooks to be used in the schools under its jurisdiction.   13.  a.  To 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.   * b. In a city having a population of one million or  more,  the  city board  shall  prescribe  such  regulations  and  by-laws authorizing the chancellor to exercise such of its administrative and ministerial powers as the board may deem necessary to make effectual the provisions of this chapter and for the general management, operation, control,  maintenance and  discipline  of  schools,  and  of  all other educational, social or recreational  activities  and  other  interests  under  its  charge   or direction.  If  in the exercise of its discretion and in order better to discharge its policy-making and other functions and to provide  for  the efficient  administration of the educational system, the board delegates any of its administrative and ministerial powers to the chancellor, such chancellor shall exercise such delegated powers in the same  manner  and with the same force and effect as if such powers were given to him under the provisions of the education law.   * NB Repealed July 1, 2002 and revived on June 30, 2022   * 14. To provide in the schools administered by the board of education of  the  city of New York, the proper book or books, in form as required by the by-laws of the board of education of such city, in which it shall cause the class teachers under the  direction  and  supervision  of  the principal  to  enter  the  names,  ages  and  residences  of  the pupils attending the school, the name of the parent or guardian of  each  pupil and  the  days on which the pupils shall have attended respectively, and the aggregate attendance of each pupil during the year, and also the day upon which the school shall have been visited by the  superintendent  of schools  or by an associate superintendent of schools or by an assistant superintendent, or by members of the board of education, or  by  members of  the  local  school  board,  or  by any of them, which entry shall be verified by such  oath  or  affirmation  of  the  principal  as  may  be prescribed  by  the board of education of such city. Such books shall be preserved as the property of such board of education and  shall  at  all times  be  open  to inspection by members of such board of education, by members of the local school boards and by the superintendent of schools, or by any associate superintendent  of  schools,  or  by  the  assistant superintendents.   * NB Repealed July 1, 2002 and revived on June 30, 2022   15.  a.  To perform such other duties and possess such other powers as may be required to administer the affairs placed under its  control  and management,  to execute all powers vested in it, and to promote the best interests of the schools and other activities committed to its care, and to authorize, or in its discretion to conduct, and maintain  such  extra classroom   activities,   including   the  operation  of  cafeterias  or restaurant service for 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. Charges shall be sufficient to meet the direct  cost of   preparing   and   serving   such   meals,  reducible  by  available reimbursements.   * b. In a city having a population of one million or more,  the  board of education shall make rules and regulations for the conduct, operation and  maintenance of extra classroom activities and for the safeguarding, accounting and audit of all moneys received and  derived  therefrom.  In the  case  of  any extra classroom activity as it shall deem proper, and notwithstanding the provisions of section twenty-five hundred thirty  of this chapter, it may direct that the moneys received or derived from the conduct, operation or maintenance of such an extra classroom activity be deposited  with the auditor of the board of education, who in such event shall be the treasurer of such an extra classroom activity,  the  moneys of which are required to be so deposited. In the procurement of articles and  services  for the conduct, operation and maintenance of a cafeteria or restaurant service, the board of education shall be  subject  to  the provisions of subdivision ten of section twenty-five hundred six of this chapter,  except  that  said  board  of  education  need  not  have duly advertised for estimates in order  to  contract  for  such  articles  or services  in  an  amount exceeding one thousand dollars. In such a city, the board of education shall also  have  power  to  assign  any  of  its officers  or  employees  to  perform  such duties as it may prescribe in connection with an extra classroom activity and to designate such of its officers and employees when so  assigned  from  whom  a  bond  shall  be required  for faithful performance of their duties and to fix the sum in which each such bond shall be given.   * NB Repealed July 1, 2002 and revived on June 30, 2022   c. 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.  Unless  such  student organization is required by the board of education to deposit  with  the auditor  the  moneys  received  or  derived  from carrying on such extra classroom activity,  such  moneys  shall  be  subject  to  the  use  and disposition of such student organization under the rules and regulations prescribed by the board of education.   * d.  The  board  of  education  in  a city having a population of one million or more shall inquire into the origin of  all  moneys  or  other property  in  the  possession  of  any  student  organization,  on March twenty-third, nineteen hundred thirty-six, and all such moneys which the board of education may find to have been derived from the operation of a cafeteria or restaurant service, it may require to be deposited with the auditor of the board  of  education  and  applied  to  the  conduct  and operation of a cafeteria or restaurant service, or other extra classroom activity,  in  such  manner and to such extent as the board of education may direct.   * NB Repealed July 1, 2002 and revived on June 30, 2022   * (e) In order to facilitate operation of the  school  lunch  programs administered  by  the board of education of the city of New York, better to serve the public interest, all persons employed  in  a  cafeteria  or lunchroom  in  any  high school under the jurisdiction of this board for one year prior to the date this section takes effect, shall, because  of their  special training, experience and efficiency, and, notwithstanding  any provisions to the contrary in any general, special or local law,  be continued   in   the   employment  of  this  board  without  competitive examination, provided the necessary funds for such continued  employment are  appropriated  by the board. The positions so held by such employees shall be in the noncompetitive class. The New York  city  civil  service commission,  however,  after  notice to any such employee of the reasons therefore, and after according such employee a hearing, may exclude  him from further employment if found by the commission not to be a person of satisfactorily  good  character.  Not  later  than  one  year after this section shall take effect, the commission shall determine for  which  of such  positions competitive examinations shall have become feasible, and shall thereupon reclassify the various positions, with the  approval  of the mayor and the state civil service commission. The then incumbents of such  positions  shall  continue to hold their positions without further examination, provided, however, that all subsequent appointments to such positions shall be made in accordance with the  civil  service  law  and rules.   * NB Repealed July 1, 2002 and revived on June 30, 2022   16. To 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 and with respect to teachers and other employees for whom such workmen's compensation coverage is not required in cities of one million  or  more population,  to  provide  in  its  discretion for reasonable medical and hospital expenses for injuries incurred in actual performance of duty on or after July first, nineteen hundred sixty-two.   16-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.   Notwithstanding  any   provisions   of   this   chapter,   subdivision thirty-one-a  of  section  one  thousand  six  hundred four, subdivision thirty-four-a of section one thousand seven hundred nine and subdivision ten-a of section two thousand five hundred three of  the  education  law and  this  subdivision  shall not apply to a city having a population of one million or more inhabitants.   16-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.   * 17.  To  maintain,  in  the  city  of   New   York,   through   such representatives  as  it  may  designate,  an  effective  visitation  and inspection  of  all  schools  and  classes  maintained  in  institutions controlled by the department of correction of the city of New York.   * NB Repealed July 1, 2002 and revived on June 30, 2022   18.  To  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.   19.  To  provide by contract 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. Any such contract may be made for a period  not  exceeding  five  years, notwithstanding  any  provision of any charter or other provision of law inconsistent herewith.   19-a. In its discretion, to 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, provided, however that no voter approval shall be required.   19-b.  To  establish a minority scholarship recruitment program by the board of education of the city of Buffalo.   20. To provide, outside the territorial  limits  of  the  city  school district  but  within  the  state  or within an adjoining 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, and 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 education.   * 21. To assign, in its discretion, one or more employees of the board in a city having a population of one million or more to serve  as  trial examiner  with power to conduct investigations and hearings on behalf of such board. Each trial examiner shall report  the  result  of  any  such investigation or hearing to the board.   * NB Repealed July 1, 2002 and revived on June 30, 2022   22.  To  provide,  in  its  discretion,  compensation  to a speaker or speakers at  commencement  day  exercises  in  such  amount  as  may  be determined by the board.   23.  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.   * 24.  Each  year,  the  board  of  education  shall  prepare a school district report card, pursuant to regulations of the  commissioner,  and shall  make it publicly available by transmitting it to local newspapers of general circulation, appending it to copies of  the  proposed  budget made  publicly  available  as  required  by law, making it available for distribution at the annual meeting, and otherwise  disseminating  it  as  required by the commissioner. Such report card shall include measures of the  academic performances of the school district, on a school by school basis, and measures of  the  fiscal  performance  of  the  district,  as prescribed   by   the  commissioner.  Pursuant  to  regulations  of  the commissioner the report  card  shall  also  compare  these  measures  to statewide  averages  for  all public schools, and statewide averages for public  schools  of  comparable  wealth  and  need,  developed  by   the commissioner.  Such  report  card  shall  include,  at  a  minimum,  any information on the  school  district  regarding  pupil  performance  and expenditure  per  pupil  required to be included in the annual report by the regents to the governor and the legislature pursuant to section  two hundred fifteen-a of this chapter; and any other information required by the  commissioner.  School  districts  (i)  identified as having fifteen percent or more of their students in special education,  or  (ii)  which have  fifty  percent  or  more  of  their  students with disabilities in special education programs or services sixty  percent  or  more  of  the school  day  in  a general education building, or (iii) which have eight percent or more of their students with disabilities in special education programs in  public  or  private  separate  educational  settings  shall indicate   on   their  school  district  report  card  their  respective percentages as defined in this paragraph and paragraphs (i) and (ii)  of this subdivision as compared to the statewide average.   * NB Effective until June 30, 2022   * 24.  In  every city school district in a city having a population of less than one million inhabitants, each year,  the  board  of  education shall  prepare a school district report card, pursuant to regulations of the commissioner, and shall make it publicly available  by  transmitting it to local newspapers of general circulation, appending it to copies of the  proposed  budget made publicly available as required by law, making it available for distribution  at  the  annual  meeting,  and  otherwise disseminating it as required by the commissioner. Such report card shall include measures of the academic performances of the school district, on a  school by school basis, and measures of the fiscal performance of the district, as prescribed by the commissioner. Pursuant to regulations  of the  commissioner  the  report card shall also compare these measures to statewide averages for all public schools, and  statewide  averages  for public   schools  of  comparable  wealth  and  need,  developed  by  the commissioner.  Such  report  card  shall  include,  at  a  minimum,  any information  on  the  school  district  regarding  pupil performance and expenditure per pupil required to be included in the  annual  report  by the  regents to the governor and the legislature pursuant to section two hundred fifteen-a of this chapter; and any other information required by the commissioner. School districts  (i)  identified  as  having  fifteen percent  or  more  of their students in special education, or (ii) which have fifty percent or  more  of  their  students  with  disabilities  in special  education  programs  or  services  sixty percent or more of the school day in a general education building, or (iii)  which  have  eight percent or more of their students with disabilities in special education programs  in  public  or  private  separate  educational  settings shall indicate  on  their  school  district  report  card   their   respective percentages  as defined in this paragraph and paragraphs (i) and (ii) of this subdivision as compared to the statewide average.   * NB Effective June 30, 2022   * 25. 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   * 25.  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, 2022 until June 30, 2022   * 25. Shall require, for purposes of a criminal history record  check, except  in  the  city  school  district  of  the  city  of New York, 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 June 30, 2022   * 26.  Shall,  upon  commencement  and termination of employment of an employee by the city school district, provide the commissioner with  the name of and position held by such employee.   * NB Effective until June 30, 2022   * 26.  Shall,  except  in  the city school district of the city of New York, upon commencement and termination of employment of an employee  by the  city school district, provide the commissioner with the name of and position held by such employee.   * NB Effective June 30, 2022   27.  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.   * 28.  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