2023 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,  or  twelve
years  for the lease of zero-emission school buses as defined in section
thirty-six hundred thirty-eight of this chapter. 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.
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, 2029
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.