NY Educ L § 1709 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 35 - Union Free School Districts 1709 - Powers and Duties of Boards of Education.

§  1709.  Powers  and duties of boards of education. The said board of education of every union free school district shall have power,  and  it shall be its duty:   1.  To  adopt  such by-laws and rules for its government as shall seem proper in the discharge of the duties required under the  provisions  of this chapter.   2.  To  establish  such rules and regulations concerning the order and discipline of the schools, in the several departments thereof,  as  they may deem necessary to secure the best educational results.   3. To prescribe the course of study by which the pupils of the schools shall  be graded and classified, and to regulate the admission of pupils and their transfer from one class or department  to  another,  as  their scholarship shall warrant.   4.  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.   4-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.   5. To make provision for the instruction of pupils in all subjects  in which  such  instruction is required to be given under the provisions of article seventeen of this chapter.   6. To purchase sites, or additions thereto,  for  recreation  grounds, for  agricultural  education  purposes,  and  for  schoolhouses  for the district, when designated by a meeting of the district; and to construct such schoolhouses and other structures and additions thereto as  may  be so  designated; and to operate the facilities provided and to market any surplus of farm products that might be  so  raised  and  as  may  be  so designated;  to  purchase furniture and apparatus for such schoolhouses, and to keep the furniture and apparatus therein  in  repair;  and,  when authorized  by  such  meeting,  to  purchase  implements,  supplies, and apparatus for agricultural,  athletic,  playground,  and  social  center purposes.    7.  To  lease,  on  a  temporary basis, necessary space not located on school property, when the facilities of the district are overcrowded  or damaged  or  destroyed,  and  to furnish and equip such space for school district use. The use of such space shall be subject to annual  approval by the commissioner.   8.  To  insure  the  schoolhouses  and  their furniture, apparatus and appurtenances, and the school library, in some insurance company created by or under the laws  of  this  state,  or  in  some  insurance  company authorized by law to transact business in this state, and to comply with the  conditions  of the policy, and raise the sums required for premiums by district tax; provided, however, that the members of the board  shall not  be  personally  liable  for  any  claim  arising  out of the use or condition of  the  aforementioned  property  if  the  board,  after  due diligence, is unable to obtain such insurance.   8-a.  In  its  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 the sums required for premiums by district tax.   8-b. In its 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-c. To establish and maintain a program of  reserves  not  to  exceed three per centum, exclusive of any planned balance presently authorized, of  the  annual  budget  of  the  district  to  cover  property loss and liability claims. In the event that three per centum, exclusive  of  any planned  balance  presently  authorized,  of  the  annual  budget of the district would result in less than fifteen thousand dollars,  the  total reserve  funds  may  be  for  an  amount  not to exceed fifteen thousand dollars. Separate funds shall be established for property loss  and  for liability  claims  and  the  separate  identity  of  each  fund shall be maintained whether its assets consist of cash or  investments  or  both. The  moneys in such funds shall be accounted for separate and apart from all other funds of the school district, in the same manner  as  provided in  subdivision  ten of section six-c of the general municipal law. Such moneys may be invested in  accordance  with  section  seventeen  hundred twenty-three-a  of  this  chapter.  Any  interest earned or capital gain realized on the moneys so deposited shall accrue and become part of such funds. Such reserve funds shall not be reduced to amounts less than  the total  of  the  amounts  estimated to be necessary to cover incurred but unsettled claims or suits including  expenses  in  connection  therewith other   than  by  payments  for  losses  for  which  such  amounts  were established. Payments from such reserve funds  shall  not  be  made  for purposes  other than those for which such funds were established without authorizations by vote of the electors of the district, except that such board may authorize use of such funds other than amounts  allocated  for unsettled  claims or suits including expenses in connection therewith to pay premiums for  insurance  policies  purchased  to  insure  subsequent losses  in areas previously self-insured, in the event of dissolution of the self-insurance plan.   9. To take charge and possession of  the  schoolhouses,  sites,  lots, furniture,   books,  apparatus,  and  all  school  property  within  its district; and the title of the same shall be vested respectively in said board of education.   10. To alter and  equip  for  use  as  a  public  library  any  former schoolhouse  or part thereof, the title to which is vested in the board, when duly authorized by the qualified voters of the school district.    11. To sell, when authorized by a vote of the qualified voters of  the school  district,  any former school site or lot, or any real estate the title to which is vested in the board, and the  buildings  thereon,  and appurtenances  or any part thereof, at such price and upon such terms as said  voters  shall  prescribe,  and  to  convey  the same by deed to be executed by the board or a majority of  the  members  thereof.  Also  to exchange  real  estate  belonging  to  the  district  for the purpose of improving or changing schoolhouse sites. All deeds or other  conveyances of  real  property heretofore made and delivered, executed by said board of education by its officers, or  in  the  manner  in  which  deeds  are executed  by  corporations, or executed in any other manner, shall be as valid and of the same force and effect as if executed by said  board  of education or a majority of the members thereof; but this provision shall not  affect  any  action or proceeding pending at the time of the taking effect hereof.   12. To take and hold for the  use  of  the  said  schools  or  of  any department  of  the  same,  any  real  estate transferred to it by gift, grant, bequest or devise, or any gift, legacy or  annuity,  of  whatever kind,  given or bequeathed to the said board, and apply the same, or the interest or proceeds thereof, according to the instructions of the donor or testator.   12-a.  To  take  and  hold  in  trust  for  the  purpose  of  awarding scholarships  in said schools any real estate transferred to it by gift, grant, bequest or devise, or any gift, legacy or  annuity,  of  whatever kind,  given  or  bequeathed  to  said  board and apply the same, or the interest or proceeds thereof, according to the instructions of the donor or testator.   12-b. To establish a charitable fund, by resolution of the  board,  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 board, 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.   13. To have  in  all  respects  the  superintendence,  management  and control  of  said  union  free  schools,  and  to  establish therein, in conformity with the regents rules, an academic department,  whenever  in their judgment the same is warranted by the demand for such instruction; to  receive into said union free schools any pupils residing out of said district, and to  regulate  and  establish  the  tuition  fees  of  such nonresident pupils in the several departments of said schools.   14.  To  provide  fuel, furniture, apparatus and other necessaries for the use of said schools.   15. To appoint such librarians as they may  from  time  to  time  deem necessary.   16.  To  contract with and employ such persons as by the provisions of this chapter are qualified teachers, to determine the number of teachers to be employed in the several departments of instruction in said school, and at the time of such employment, to make and deliver to each  teacher a  written contract as required by section three thousand eleven of this  chapter, except as otherwise provided by sections three thousand  twelve and three thousand thirteen; and employ such persons as may be necessary to  supervise,  organize,  conduct and maintain athletic, playground and social  center  activities, or for any one or more of such purposes; and to adopt rules and regulations governing the excusing of absences of all teachers and other employees and for the granting of leaves  of  absence to  such  employees  either with or without pay. 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 purposes.   17. To fill any vacancy which may occur in said board by reason of the death, resignation, removal from office or from the school district,  or refusal to serve, of any member or officer of said board; and the person so appointed in the place of any such member of the board shall hold his office  until  the  next  regular  school  district election. The person elected to fill such vacancy shall take office immediately  upon  filing of his official oath of office with the district clerk.   18. To remove any member of their board for official misconduct. But a written copy of all charges made of such misconduct shall be served upon him  at  least  ten  days before the time appointed for a hearing of the same; and he shall be allowed a full and fair opportunity to refute such charges before removal.   19. To provide and maintain suitable and  convenient  waterclosets  as provided in section four hundred eleven of this chapter.   20.  To  raise  by  tax  upon  the property of the district any moneys required to pay the salary of teachers employed.   20-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 such board of education. In its  discretion,  the  board  of  education  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 board of education. No person shall  be  eligible for appointment to the office of claims auditor or deputy claims auditor who shall also be:  (1) a member of the board of education;  (2) the 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. Such claims auditor or deputy claims auditor shall not be  required to  be a resident of the district, and such position shall be classified in the exempt class of the civil service. Such board  of  education,  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  board of  education with respect to claims auditing, 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. A board 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 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.   21.  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.   22. To provide, purchase, lease, furnish  and  maintain  buildings  or other suitable accommodations for the use of teachers or other employees of the district when duly authorized by a meeting of the district and to raise  by  tax  upon  the  taxable  property  of the district and moneys necessary for such purposes; and also to provide, maintain and operate a cafeteria or restaurant service for the use of pupils and teachers while at school. Such cafeteria 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.   23.   To  provide  milk  for  pupils  within  the  limitations  of  an appropriation made therefor.   24. 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 mentallly 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.   25. a. 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. Any  replacement  of a motor vehicle or vehicles, necessitated by damage to or loss of such vehicles, owned by the school district and  used  for the  transportation  of  pupils  residing  within  the  district, may be purchased by the board of education without voter  approval,  using  any unencumbered  funds  in  the  general  fund or by the issuance of budget notes in accordance with section 29.00 of  the  local  finance  law,  in addition to any available insurance proceeds.   b.  Such  motor  vehicle  or  vehicles may be leased to another school district or to a board of  cooperative  educational  services  or  to  a county  vocational  education  and extension board or to an Indian tribe for educational purposes when not needed for such transportation.   c. Likewise when not so needed such motor vehicle or vehicles  may  be leased  to  a  school  district  or  an Indian tribe, for the purpose of transporting  children  and  instructors  in  connection  with   (1)   a recreation  project  or  a  youth  service  project operated by a school district or by an Indian  tribe,  if  such  project  is  authorized  and approved  by the state youth commission, or (2) a youth bureau or agency or activity or project of a county, town, city,  village  or  an  Indian tribe  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 (3) 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,  villages,  or  Indian tribes, 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.   d.  The  board  of  education may lease such motor vehicle or vehicles from a board of  cooperative  educational  services  or  from  a  county vocational education and extension board.   e.  Under emergency conditions, as determined by the commissioner, the board of education may lease such vehicle or vehicles from sources other than a school district, board of  cooperative  educational  services  or county vocational education and extension board.   f.  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.   g.  The  board  of  education  is  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.   h.  The board of education is 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.   i. In addition to  the  authority  granted  in  paragraph  e  of  this subdivision, the board of education shall be authorized to lease a motor vehicle or vehicles to be used for the transportation of the children of the  district  from  sources  other  than  a  school  district, board of cooperative educational services  or  county  vocational  education  and extension  board  under  the  conditions specified in this paragraph. 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 board of education enters a  lease  of  a motor  vehicle  or vehicles pursuant to this paragraph for a term of one school year or less, such board shall not be authorized  to  enter  into another  lease  of  the  same  or  an  equivalent replacement vehicle or vehicles, as determined by the commissioner, without obtaining  approval of the voters.   26.  To pay any judgment levied against the school 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.    27.  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 of this chapter, 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 board of education may establish, consistent with the regulations of the commissioner. 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.   28.  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.   29. To establish a petty cash fund for the use of such school district officers and employees as may be designated by the  board  of  education 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, the method  of  handling same  and  the officers and employees eligible to use such fund shall be in accordance with regulations established by the commissioner.   * 30. 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.   * NB There are 2 sub 30's   * 30. To reimburse candidates for teaching positions for actual travel and other necessary expenses incurred by them in appearing for  purposes of  interview  or  observation with respect to such positions, when such appearance is made upon the request of any authorized representative  of the  board  and when such reimbursement is deemed appropriate and proper by the board, in its discretion, to aid in the  obtaining  of  qualified persons for such positions.   * NB There are 2 sub 30's   31.  To  explore,  develop  and  produce natural gas solely for school district purposes in accordance with section three  hundred  sixty-eight of the general municipal law.   32.  To  provide,  in  its  discretion,  in-service  training  for its teachers.   33. 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.   34. 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.   34-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.   34-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.   35. 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.   37. 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  seventeen  hundred twenty-three-a of this article.   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  board  of  education  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 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   * 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 school 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  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 board of education 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