NY Educ L § 1604 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 33 - Common School Districts 1604 - Powers and Duties of Trustees.

§ 1604. Powers  and  duties  of  trustees. It shall be the duty of the trustees of a common school district, and they shall have the power:   1. To call special  meetings  of  the  inhabitants  of  such  district whenever they shall deem it necessary and proper.   2.  To  give  notice  of special, annual and adjourned meetings in the manner prescribed in this chapter, if there be no clerk of the district, or he be absent or incapable of acting, or shall refuse to act.   3. To make out a tax-list of every district tax voted  by  a  district meeting,  or authorized by law, which shall contain the names of all the taxable inhabitants residing in the district at the time of  making  out the  list, and the amount of tax payable by each inhabitant, as directed in article seventy-one of this chapter.   4. To purchase or lease such schoolhouse sites and other grounds to be used for playgrounds, or for agriculture,  athletic  center  and  social center  purposes,  and  to  purchase  or  build  such schoolhouses, as a district meeting may  authorize;  to  hire  temporarily  such  rooms  or buildings  as may be necessary for school purposes; and to purchase such implements, supplies and  apparatus  as  may  be  necessary  to  provide instruction  in  agriculture, or to equip and maintain play-grounds, and to conduct athletic and social center activities in the  district,  when authorized by a vote of a district meeting.   5.  To have the custody and safe-keeping of the district schoolhouses, their sites and appurtenances.   6. To insure the school buildings, furniture and school  apparatus  in an  insurance  company created by or under the laws of this state, or in an insurance company authorized by law  to  transact  business  in  this state,  and  to comply with the conditions of the policy, and raise by a district tax the amount required to pay the premiums thereon.   7. To insure the school library in such a company in a sum fixed by  a district meeting, and to raise the premium by a district tax, and comply with the conditions of the policy.   7-a.  In  their  discretion to insure pupils against damage occasioned because of accidental personal injuries sustained while participating in physical  education  classes,  intramural  and  interscholastic   sports activities,  in  such  a  company,  and raise by district tax the amount required to pay the premiums thereon.   7-b. In their discretion, to purchase insurance against  accidents  to pupils  occurring  in school, on school grounds, while being transported between home and school in a school bus as defined in section thirty-six hundred twenty-one, and during sponsored trips.   8. To appoint and enter into contract with a superintendent of schools as provided in, and consistent with, section seventeen hundred eleven of this chapter, and to employ in accordance  with,  and  subject  to,  the provisions  of  section  three  thousand  twelve of this chapter as many legally qualified teachers as the schools of the  district  require;  to determine  the rate of compensation of each teacher and to determine the terms of school to be held  during  each  school  year,  and  to  employ persons   to   supervise,   organize,  conduct  and  maintain  athletic, playground and social center activities when they are  authorized  by  a vote  of  a district meeting as provided by law. The regular teachers of the school may be employed at an increased  compensation  or  otherwise, and  by  separate  agreement,  written  or oral, for one or more of such additional duties.   9. To establish rules for the government and discipline of the schools of the district.   10. To prescribe the course of studies to be pursued in such  schools. Provisions shall be made for instructing pupils in all schools supported by  public  money, or under state control, in all subjects in which such  instruction is required to be given  under  the  provisions  of  article seventeen of this chapter.   11.  To  pay  the schools moneys apportioned to the district by giving orders on the county treasurer, or on the collector or treasurer of such district when duly qualified to receive and disburse the same.   12. To collect by district tax an amount sufficient to maintain school in the district for the current  school  year,  including  any  judgment rendered against the district, after deducting from the aggregate amount required  for  this  purpose the amount of school moneys in the hands of the county treasurer, collector or treasurer of the district and to  pay the same by written orders on such district collector or treasurer.   13.  To  draw upon the county treasurer, the collector or treasurer of the district, when duly qualified to receive and disburse the same,  for the  school  moneys,  by  written  orders signed by the sole trustee, or where there are three trustees, signed by a majority of  said  trustees; provided, however, that in common school districts employing ten or more teachers  and  having  a  treasurer  and  a  board of three trustees, by resolution duly adopted, the board may authorize one voucher-order check to be drawn in the total amount of a  duly  certified  payroll  for  the salaries  of regularly appointed employees and officers legally entitled to be compensated for their services; the proceeds of such voucher-order payroll check shall be credited to a payroll account from  which  checks shall  be signed only by the treasurer of the district and drawn payable to individual employees or officers legally entitled to  be  compensated for services.   14.  To  keep  each  of  the  schoolhouses under their charge, and its furniture, school apparatus and appurtenances, in necessary  and  proper repair,  and make the same reasonably comfortable for use, but shall not expend therefor without vote of the district an  amount  to  exceed  one hundred dollars in any one year.   15.  To  make  any  repairs  and  abate any nuisances, pursuant to the direction of the district superintendent as herein provided, and provide fuel, stoves  or  other  heating  apparatus,  pails,  brooms  and  other implements necessary to keep the schoolhouses and the schoolrooms clean, and make them reasonably comfortable for use, when no provision has been made  therefor  by  a  vote  of  the  district,  or the sum voted by the district for said purposes shall have proved insufficient.   16. To provide for  all  janitorial  work  in  and  about  the  school buildings, and pay reasonable compensation therefor.   17.  To  provide bound blank-books for the entering of their accounts, the records of the district and the proceedings of district and  trustee meetings,  and  a  list of the movable property of the district and they shall deliver such books to their successors in office.   18. To expend in the purchase of a dictionary, books, reproductions of standard works of art, maps, globes or other school apparatus, including implements, apparatus and supplies for instruction  in  agriculture,  or for  conducting athletic playgrounds and social center activities, a sum not exceeding fifty dollars in any one  year,  without  a  vote  of  the district.   19.  To  establish  temporary  or branch schools in such places in the district as shall best accommodate the children, and to  hire  rooms  or buildings  therefor and to fit up and furnish such rooms or buildings in a suitable manner for conducting school therein when it is shown:   a. That any considerable number of the children residing in a  portion of  the  district  are  so  remote  from the schoolhouse as to render it difficult for them to attend school in  such  schoolhouse  in  inclement weather, or    b.  That  the schoolhouse is overcrowded and proper accommodations are not afforded all the children of the district, or   c.  That  for  any  other sufficient reason suitable and proper school facilities are not provided by the existing school accommodations.   20. 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.   21. To purchase and  maintain,  when  authorized  by  a  vote  of  the qualified  voters of the school district, a motor vehicle or vehicles to be used for the transportation of the school children of  the  district. Such  motor vehicle or vehicles may be leased to another school district when not needed for such transportation. Likewise  when  not  so  needed such  motor  vehicle or vehicles may be leased to a school district or a municipality as defined in section two of chapter five hundred fifty-six of  the  laws  of  nineteen  hundred  forty-five,  for  the  purpose  of transporting   children   and  instructors  in  connection  with  (a)  a recreation project or a youth service project operated by  one  or  more municipalities  or  by  a school district, if such project is authorized and approved by the state youth commission, or (b)  a  youth  bureau  or agency  or  activity or project of a county, town, city or village which is devoted to the welfare of youth therein or to providing  leisure-time activities for youth or assistance to children, as authorized in section ninety-five of the general municipal law, or (c) one or more playgrounds and  neighborhood  recreation  centers operated and maintained by one or more cities except New York, Buffalo and Rochester, counties except Erie and the counties within the city of New York, towns or villages, whether or not any  school  board  or  district  joins  in  such  operating  and maintaining,  as  authorized  in section two hundred forty-four-b of the general municipal law. In any case when  such  motor  vehicle  shall  be leased  as  provided  in this subdivision, public liability and property damage insurance, fire insurance and compensation insurance  of  drivers shall  be  provided  and  collision  insurance  shall be provided in the amount of  the  value  of  the  vehicle,  to  protect  the  lessor.  The additional  cost  of such insurance shall be paid by the lessee. No part of the costs and expenses  resulting  from  operation,  maintenance  and repair  of such vehicles during the leasing thereof shall be included in determining the amount of any form of state aid received by such  school district.   21-a.  To  lease  a  motor  vehicle  or  vehicles  to  be used for the transportation of the children of the district from a  school  district, board of cooperative educational services or county vocational education and  extension  board  or  from  any  other source, under the conditions specified in this subdivision. No such agreement  for  the  lease  of  a motor  vehicle  or  vehicles shall be for a term of more than one school year, provided that when authorized by a vote of the qualified voters of the district such lease may have a term of up to five years.  Where  the trustee  or  board  of trustees enter into a lease of a motor vehicle or vehicles pursuant to this subdivision for a term of one school  year  or less,  such  trustee  or  board  shall  not  be authorized to enter into another lease for the same  or  an  equivalent  replacement  vehicle  or vehicles,  as determined by the commissioner, without obtaining approval of the qualified voters of the school district.   21-b.  a.  The   trustees   are   authorized   to   provide   regional transportation  services  by  rendering such services jointly with other school districts or boards of  cooperative  educational  services.  Such  services  may  include  pupil  transportation  between  home and school, transportation during the day to and from school and a special education program or service or a program at a board  of  cooperative  educational services  or  an  approved  shared  program  at another school district, transportation  for  field  trips  or  to   and   from   extracurricular activities, and cooperative school bus maintenance.   b.  The  trustees are authorized to enter into a contract with another school district, a county, municipality, or the state office of children and family services to provide transportation  for  children,  including contracts  to  provide  such  transportation  as regional transportation services, provided that the contract cost is appropriate. In determining the appropriate transportation contract cost, the transportation service provider  school  district  shall  use  a  calculation  consistent  with regulations adopted by the commissioner for the purpose of assuring that charges  reflect  the  true  costs  that  would be incurred by a prudent person in the conduct of a competitive transportation business.   22. To pay any judgment levied against the district and in  the  event there  are no moneys otherwise available, to levy a tax upon the taxable property of the district to pay the same.   23. To contract with any person, corporation or other school  district for  the  conveyance  of  pupils  residing  within  the  district,  when authorized to do so under subdivision nineteen of section  two  thousand twenty-one, by vote of the inhabitants of the district entitled to vote, or  to  contract  for  the  operation, maintenance and garaging of motor vehicles owned by the  district,  in  accordance  with  such  rules  and regulations   as  such  trustees  may  establish,  consistent  with  the regulations of the commissioner of education. Upon  authorization  by  a school  district  meeting,  every such contract of transportation may be made  for  a  period  not  exceeding  five  years,  notwithstanding  any provision of any other law inconsistent herewith.   24.  To  furnish  lighting facilities, janitorial care and supervision for highway underpasses when authorized to do so by vote of  a  district meeting  under  the  provisions  of  subdivision  twenty  of section two thousand fifteen of this chapter.   25. To provide school health services, as defined in  subdivision  two of  section  nine  hundred  one  of  this  chapter,  to  all children in attendance upon schools under their supervision and to pay  any  expense incurred therefor.   26.  To  establish  a  petty  cash  fund for the use of the principal, teacher or clerk of the school district for the payment, in  advance  of authorization,  of  properly  itemized  bills for materials, supplies or services furnished to the school district under conditions  calling  for immediate  payment  to the vendor upon delivery of any such materials or supplies or the rendering of any such services. The  amount  of  such  a petty  cash  fund and the method of handling same shall be in accordance with regulations established by the commissioner of education.   27. To reimburse members of the teaching  and  supervising  staff  for expenses  actually  and necessarily incurred in the performance of their official duties and to make  such  rules  and  regulations  in  relation thereto  as  they  shall  deem  necessary  and  proper.  Such  rules and regulations may include the establishment of a mileage rate for the  use of  personally  owned  cars  for  such  purpose  in lieu of auditing and allowing claims for actual and necessary expenses of travel.   28. To provide, maintain and operate a cafeteria or restaurant service for the use of pupils and teachers while in school and for  the  use  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.   29.  To  prescribe  the  text-books  to be used in the schools, and to compel a uniformity in the use of the same, pursuant to  the  provisions of  this  chapter,  and  to furnish the same to pupils out of any moneys provided for that purpose.   29-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 trustee or board of trustees  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.   30.  To  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.   31.  To  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.   31-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.   31-b.  In  their  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.   32.  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.   33.  In  his  discretion  to  contract with a social services district pursuant to subdivision three of section four hundred ten of the  social services  law  to  furnish day care for children on behalf of the social services district.   34. To appoint a district clerk, and a district treasurer, where  such office  is  not  filled  by  election  pursuant  to section two thousand twenty-one of this chapter, to serve the  district  during  each  school year, or until a successor is appointed.   35.  a.  In  their  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  such  trustees.  In  its discretion,  the trustees may adopt a resolution establishing the office 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 trustees. No person shall be eligible for appointment to the  office  of claims auditor or deputy claims auditor who shall also be:  (1) a trustee of the school district;  (2) the clerk or treasurer of the school district;  (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. Such claims auditor or deputy claims auditor shall not be  required to  be  a  resident of the district, and the positions of claims auditor and deputy claims auditor shall be classified in the exempt class of the civil service. The trustees, at any time after the establishment of  the office  of  claims  auditor  or  deputy  claims  auditor,  may  adopt  a resolution abolishing  such  office,  whereupon  such  office  shall  be abolished. 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 trustees with respect to claims auditing, and allowing or rejecting  all  accounts,  charges,  claims  or  demands against  the  school  district,  shall  devolve  upon  and thereafter be exercised by such claims auditor during the continuance of such  office. The trustees shall be permitted to delegate the claims audit function to one   or   more   independent  entities  by  using  (1)  inter-municipal cooperative agreements, (2) shared services to the extent authorized  by  section  nineteen  hundred  fifty  of  this  title,  or  (3) independent contractors, to fulfill this function.   c.  When  the  trustees  delegate  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 trustees 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.   36.  In  its  discretion  to  provide that the proceeds of the sale or appropriation of school district real property shall, after  being  used for  any  legally required purpose be used to reduce real property taxes in such district for a period not to exceed ten school  years,  or  such lesser  period  as  it may direct. Such proceeds may be invested and any interest obtained may also be used for such purpose.  Such reserve  fund shall   be  invested  and  reinvested  pursuant  to  the  provisions  of subdivision two of section sixteen hundred four-a of this article.   37.  In their discretion and in compliance with rules and  regulations of the commissioner promulgated pursuant to section one hundred one-a of this  chapter,  to  give  written notice to the family court pursuant to subdivision four of section seven hundred fifty-eight-a and  subdivision four  of  section  353.6  of  the  family court act of the desire of the school district to act in the supervision  of  certain  juveniles  while performing services for the public good.   38.  To  offer  monetary  rewards,  in sums not to exceed one thousand dollars, to individuals  for  information  leading  to  the  arrest  and conviction  of  any  person  or  persons  for  felonies  or misdemeanors directly connected to vandalism of district property. Such  rewards  may be  offered  on  any  conditions such trustees may determine, subject to whatever qualifications it may deem appropriate.   * 39. 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  trustees  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 trustees 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 trustees  find 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   * 39. 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   40.  Shall  upon  commencement  and  termination  of  employment of an employee by the district, provide the commissioner with the name of  and position held by such employee.   41.  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.   42.  a.  To  enter  into a lease, sublease or other agreement with the dormitory authority providing for the financing or refinancing of all or a portion of the school district capital facilities or  school  district capital  equipment  in accordance with section sixteen hundred eighty of the public authorities law and with the approval  of  the  commissioner. Such  lease, sublease, or other agreement may provide for the payment of annual or other payments to the dormitory authority,  and  contain  such other terms and conditions as may be agreed upon by the parties thereto, including  the  establishment  of  reserve  funds  and  indemnities. For purposes of this subdivision, school district  capital  equipment  shall have the meaning ascribed thereto in section sixteen hundred seventy-six of the public authorities law.   b.  Notwithstanding  any  provisions  of  law  to  the  contrary,  the dormitory authority and the trustee or  board  of  trustees  are  hereby authorized  and  empowered to perform any and all acts and to enter into any and all agreements necessary or desirable to effectuate the purposes of this subdivision.   * 43. To pass a resolution, in the discretion of  the  board  of  such district,  authorizing the entering of an agreement with a county, city, village or town 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   44. To establish a charitable fund, by resolution of the trustees,  to receive unrestricted charitable monetary donations made to such fund for use  by the district for public educational purposes. The monies of such charitable fund shall be deposited and secured in the manner provided by section ten of the general municipal law. The monies of such  charitable fund  may  be  invested  in the manner provided by section eleven of the general municipal law. Any interest earned or capital gain  realized  on the  money  so invested shall accrue to and become part of such fund. At such time and in such amounts as determined by the trustees, the  monies of  such  charitable  fund shall be transferred to the school district's general fund for expenditure consistent with the charitable purposes  of the  fund,  provided that the amount of taxes to be levied by the school district for any school year shall be determined without regard  to  any such  transfer.  The school district shall maintain an accounting of all such deposits, interest or capital gain, transfers, and expenditures.   Any expenditure made  or  liability  incurred  in  pursuance  of  this section shall be a charge upon the district.