2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 52 - City School Districts of Cities With One Hundred Twenty-Five Thousand Inhabitants or More › 2554 - Powers and Duties of Board of Education.

§  2554.  Powers  and  duties  of board of education. * Subject to the
provisions of this chapter, the board of education in a city, except the
city board of the city of New York, shall have the power and it shall be
its duty:
* NB Effective until June 30, 2026
* Subject to the provisions of this chapter, the board of education in
a city shall have the power and it shall be its duty:
* NB Effective June 30, 2026
1. To perform any duty imposed upon boards of education or trustees of
common schools under this chapter or other statutes, or the rules of the
regents and regulations of the commissioner of education so far as  they
may  be applicable to the school or other educational affairs of a city,
and not inconsistent with the provisions of this  article,  except  that
the  provisions  of  subdivision six of section sixteen hundred four and
subdivision eight of section seventeen  hundred  nine  of  this  chapter
shall  not  be  applicable  to a board of education in any city having a
population of over thirty-five thousand in which the title to the school
property is vested in the city.
2. To  create,  abolish,  maintain  and  consolidate  such  positions,
divisions,  boards  or bureaus as, in its judgment, may be necessary for
the proper and efficient  administration  of  its  work;  to  appoint  a
superintendent of schools, such associate, assistant, district and other
superintendents,    examiners,   directors,   supervisors,   principals,
teachers, lecturers, special instructors,  medical  inspectors,  nurses,
auditors, attendance officers, secretaries, clerks, custodians, janitors
and  other employees and other persons or experts in educational, social
or recreational work or in the business management or direction  of  its
affairs  as  said  board  shall  determine  necessary  for the efficient
management of the schools and other  educational,  social,  recreational
and  business  activities;  provided,  however,  that in the city school
districts of the cities of Buffalo, Rochester, and Syracuse  appointment
of   associate,   assistant  and  district  superintendents,  and  other
supervising  staff  who  are  excluded  from  the   right   to   bargain
collectively  pursuant  to  article  fourteen  of  the civil service law
shall, within the  amounts  budgeted  for  such  positions,  be  by  the
superintendent  of  such  city  school  district; and to determine their
duties except as otherwise provided herein.
2-a. a. In its discretion  to  adopt  a  resolution  establishing  the
office of claims auditor and appoint a claims auditor who shall hold his
or her position subject to the pleasure of the board. In its discretion,
the  board  may  adopt  a resolution establishing one or more offices of
deputy claims auditor who shall act as claims auditor in the absence  of
the  claims  auditor.  Such  claims auditor shall report directly to the
board of education. No person shall be eligible for appointment  to  the
office of claims auditor or deputy claims auditor who shall be
(1) a member of the board of education;
(2) a clerk or treasurer of the board of education;
(3)  the  superintendent  of schools or other official of the district
responsible for business management;
(4) the person designated as purchasing agent; or
(5) clerical or professional personnel directly involved in accounting
and purchasing functions of the school district.
b. The positions of claims auditor or deputy claims auditor  shall  be
classified in the exempt class of civil service. The board of education,
at  any  time after the establishment of the office of claims auditor or
deputy claims auditor, may adopt a  resolution  abolishing  the  office.
When  the  office  of  claims  auditor shall have been established and a
claims auditor shall have been appointed and shall have  qualified,  the

powers  and  duties  of  the board of education with respect to auditing
accounts, charges, claims or demands against the  city  school  district
shall  devolve  upon and thereafter be exercised by such claims auditor,
during  the  continuance  of the office. The board of education shall be
permitted  to  delegate  the  claims  audit  function  to  one  or  more
independent   entities   by   using   (1)   inter-municipal  cooperative
agreements, or (2) independent contractors, to fulfill this function.
c. When the board of education delegates  the  claims  audit  function
using   an   inter-municipal   cooperative   agreement,  shared  service
authorized by section nineteen  hundred  fifty  of  this  title,  or  an
independent  contractor, the board shall be responsible for auditing all
claims for services from  the  entity  providing  the  delegated  claims
auditor,  either  directly  or  through  a  delegation  to  a  different
independent entity.
* 3. To appoint, in a city having a population of one million or more,
notwithstanding the provisions of any  local  laws  or  charter  to  the
contrary,  a  superintendent of schools emeritus, whose duty it shall be
to consult  and  advise  with  the  educational  officers  as  and  when
requested  by the superintendent of schools. No person shall be eligible
for such appointment unless he shall have served  in  the  positions  of
superintendent   of   schools,  associate  superintendent  and  district
superintendent or assistant superintendent, and whose  total  period  of
service  in  such  position shall have been at least ten years in a city
having a population of one million or more. He  shall  receive  for  the
duration  of  his  life such annual salary as the board of education and
the mayor or like financial authority shall determine at the time of his
appointment, but he shall not receive  a  retirement  allowance  or  any
other  benefit from the teachers' retirement system or any other pension
fund, and upon his death his beneficiaries and/or his estate  shall  not
be  entitled  to  any  benefits from any pension fund as a result of his
service.
* NB Repealed July 1, 2002 and revived on June 30, 2026
4. To have the care, custody, control and safekeeping  of  all  school
property  or  other property of the city used for educational, social or
recreational work and not specifically placed by law under  the  control
of  some  other  body or officer, and to prescribe rules and regulations
for the preservation of such property.
* 5. To dispose, in the city of New York, of  such  personal  property
used  in  the  schools and other buildings of the city of New York under
the charge of the board of education of such city as shall no longer  be
required  for use therein. Such disposition shall be made in the name of
the city of New York and for such city.
Such  board  may  sell,  at  prices  as  may  be  agreed  upon,   such
manufactured  articles  or other products of any of its schools, day and
evening, as may not be utilized by the board of education and all moneys
realized by the sale thereof shall be paid into the  city  treasury  and
shall  at  once  be  appropriated  by  the  city to a special fund to be
administered by the board of education for such purposes as such  board,
in  its discretion, may determine. All other moneys realized by the sale
of personal property shall be paid into the city treasury and  shall  at
once be appropriated by the city to the special school fund of the board
of  education  for  use  in  the  borough in which the property sold was
situated.
Such  method  of  disposal  shall  be  deemed  not  to  apply  to  the
disposition  of  school  books  pursuant  to  subdivision  eight of this
section.
* NB Repealed July 1, 2002 and revived on June 30, 2026
6. To lease property required for the  purpose  of  furnishing  school
accommodations for schools administered by the board of education and to
prepare  and execute leases therefor. To be eligible for aid pursuant to
subdivision six of section thirty-six hundred two of this  chapter,  any
such lease shall be approved by the commissioner prior to execution; the
leased  space  shall  meet  requirements  for access by individuals with
disabilities to both facilities and programs, as defined in  regulations
of the commissioner; the requirements set forth in paragraphs a, b, c, d
and f of subdivision one of section four hundred three-b of this chapter
shall  be  met,  except  for  the requirement of voter approval; and the
leased space shall be used  to  house  programs  for  pupils  in  grades
prekindergarten  through  twelve, other than programs funded pursuant to
section forty-four hundred ten of this chapter, with minimal  associated
administrative   and   support   services   space  as  approved  by  the
commissioner.
7. To purchase  and  furnish  such  apparatus,  maps,  globes,  books,
furniture  and  other equipment and supplies as may be necessary for the
proper and efficient management of the schools  and  other  educational,
social  and  recreational  activities and interests under its management
and control. To provide textbooks or other supplies to all the  children
attending  the  schools  of such cities in which free textbooks or other
supplies were lawfully provided prior to June eighth,  nineteen  hundred
seventeen.
* 7-a. To develop a plan to ensure that all instructional materials to
be  used  in  the  schools  of  the  district  are available in a usable
alternative format for each student with a  disability,  as  defined  in
section forty-four hundred one of this chapter, and for each student who
is   a  qualified  individual  with  a  disability  as  defined  in  the
rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701),  as
amended,  in  accordance  with  his  or her educational needs and course
selection,  at  the  same  time  as  such  instructional  materials  are
available  to  non-disabled students. As part of such plan, the board of
education shall amend its procurement policies to give a  preference  in
the  purchase of instructional materials to vendors who agree to provide
materials in alternative formats.  For  purposes  of  this  subdivision,
"alternative   format"   shall   mean  any  medium  or  format  for  the
presentation of instructional materials, other than a traditional  print
textbook,  that  is  needed  as  an accommodation for a disabled student
enrolled in the school district, including but not limited  to  Braille,
large  print, open and closed captioned, audio, or an electronic file in
an approved format, as defined in the regulations of  the  commissioner.
When  an  electronic  file  is  provided, the plan shall specify how the
format will be accessed  by  students  and/or  how  the  district  shall
convert  to  an accessible format. Such plan shall identify the needs of
students residing in the district for alternative format materials. Such
plan shall also specify ordering timelines to  ensure  that  alternative
format  materials  are  available  at  the  same  time as regular format
materials. Such plans shall include procedures to address  the  need  to
obtain  materials  in  alternative  format  without  delay  for disabled
students who move into the school district during the school year.
* NB Effective until June 30, 2026
* 7-a. To develop a plan to ensure that all instructional materials to
be used in the schools  of  the  district  are  available  in  a  usable
alternative  format  for  each  student with a disability, as defined in
section forty-four hundred one of this chapter, and for each student who
is  a  qualified  individual  with  a  disability  as  defined  in   the
rehabilitation  act  of nineteen hundred ninety-three (29 U.S.C. 701) as
amended, in accordance with his or  her  educational  needs  and  course

selection,  at  the  same  time  as  such  instructional  materials  are
available to non-disabled students; provided that  in  the  city  school
district  of  the  city of New York, such plan shall be developed by the
chancellor  of  the  city  district.  As part of such plan, the board of
education shall amend its procurement policies to give a  preference  in
the  purchase of instructional materials to vendors who agree to provide
materials in alternative formats.  For  purposes  of  this  subdivision,
"alternative   format"   shall   mean  any  medium  or  format  for  the
presentation of instructional materials, other than a traditional  print
textbook,  that  is  needed  as  an accommodation for a disabled student
enrolled in the school district, including but not limited  to  Braille,
large  print, open and closed captioned, audio, or an electronic file in
an approved format, as defined in the regulations of  the  commissioner.
When  an  electronic  file  is  provided, the plan shall specify how the
format will be accessed  by  students  and/or  how  the  district  shall
convert  to  an accessible format. Such plan shall identify the needs of
students residing in the district for alternative format materials. Such
plan shall also specify ordering timelines to  ensure  that  alternative
format  materials  are  available  at  the  same  time as regular format
materials. Such plans shall include procedures to address  the  need  to
obtain  materials  in  alternative  format  without  delay  for disabled
students who move into the school district during the school year.
* NB Effective June 30, 2026
* 8. To dispose of, in the city of New York, to the best advantage  of
the  city of New York, either by sale or on the basis of money allowance
for waste paper all books delivered to the  several  public  schools  of
such  city  that have been discarded either by reason of being obsolete,
no longer required by the  course  of  study,  worn  by  long  usage  or
mutilated  by  accident.  If disposal is made by sale it shall be to the
highest bidder and the money  realized  shall  be  paid  into  the  city
treasury  and  shall  at once be appropriated by the city to the special
school fund of the board of education entitled "supplies".  If  disposal
is  made on the basis of money allowance for waste paper, it shall be to
the highest bidder. Such discarded books  may  be  disposed  of  without
public  advertisement  or  entry  into  a  formal  contract.  Should the
discarded books be in such condition that no sale  or  exchange  can  be
made,  or  should  there  be reason to believe that such discarded books
have become infected through disease among the  pupils,  or  should  the
superintendent  of  schools  certify  that  such discarded books contain
erroneous,  inaccurate,   obsolete   or   antiquated   subject   matter,
illustrations, maps, charts or other material, the committee on supplies
of  the  board of education, if such books cannot be sold, given away or
otherwise salvaged as waste paper without danger to the  public  health,
may   authorize   their   destruction   by  fire,  in  which  event  the
superintendent of school supplies shall obtain and file in his office  a
certificate  that  such  books  have  been  so  destroyed, signed by the
principal of the school in which the books are located.
* NB Repealed July 1, 2002 and revived on June 30, 2026
9. To establish  and  maintain  such  free  elementary  schools,  high
schools,   training   schools,   vocational   and   industrial  schools,
kindergartens,  nursery  schools,  technical  schools,  night   schools,
part-time or continuation schools, vocation schools, schools for adults,
schools for physically or mentally handicapped or delinquent children or
such other schools or classes as such board shall deem necessary to meet
the needs and demands of the city.
10.  To  establish  and  maintain  libraries  which may be open to the
public,  to  organize  and  maintain  public  lecture  courses,  and  to
establish and equip playgrounds, recreation centers, social centers, and

reading  rooms  from  such  funds as the education law or other statutes
authorize and the state appropriates for such purposes,  and  from  such
other  funds  as  may  be provided therefor from local taxation or other
sources.
11.  To authorize the general courses of study which shall be given in
the schools and to approve the  content  of  such  courses  before  they
become operative.
12. To authorize and determine the textbooks to be used in the schools
under its jurisdiction.
13.  a.  To prescribe such regulations and by-laws as may be necessary
to make effectual the provisions of this chapter and for the conduct  of
the  proceedings  of  said  board  and  the  transaction of its business
affairs, for the general management, operation, control, maintenance and
discipline of the schools, and  of  all  other  educational,  social  or
recreational   activities  and  other  interests  under  its  charge  or
direction.
* b. In a city having a population of one million or  more,  the  city
board  shall  prescribe  such  regulations  and  by-laws authorizing the
chancellor to exercise such of its administrative and ministerial powers
as the board may deem necessary to make effectual the provisions of this
chapter and for the general management, operation, control,  maintenance
and  discipline  of  schools,  and  of  all other educational, social or
recreational  activities  and  other  interests  under  its  charge   or
direction.  If  in the exercise of its discretion and in order better to
discharge its policy-making and other functions and to provide  for  the
efficient  administration of the educational system, the board delegates
any of its administrative and ministerial powers to the chancellor, such
chancellor shall exercise such delegated powers in the same  manner  and
with the same force and effect as if such powers were given to him under
the provisions of the education law.
* NB Repealed July 1, 2002 and revived on June 30, 2026
* 14. To provide in the schools administered by the board of education
of  the  city of New York, the proper book or books, in form as required
by the by-laws of the board of education of such city, in which it shall
cause the class teachers under the  direction  and  supervision  of  the
principal  to  enter  the  names,  ages  and  residences  of  the pupils
attending the school, the name of the parent or guardian of  each  pupil
and  the  days on which the pupils shall have attended respectively, and
the aggregate attendance of each pupil during the year, and also the day
upon which the school shall have been visited by the  superintendent  of
schools  or by an associate superintendent of schools or by an assistant
superintendent, or by members of the board of education, or  by  members
of  the  local  school  board,  or  by any of them, which entry shall be
verified by such  oath  or  affirmation  of  the  principal  as  may  be
prescribed  by  the board of education of such city. Such books shall be
preserved as the property of such board of education and  shall  at  all
times  be  open  to inspection by members of such board of education, by
members of the local school boards and by the superintendent of schools,
or by any associate superintendent  of  schools,  or  by  the  assistant
superintendents.
* NB Repealed July 1, 2002 and revived on June 30, 2026
15.  a.  To perform such other duties and possess such other powers as
may be required to administer the affairs placed under its  control  and
management,  to execute all powers vested in it, and to promote the best
interests of the schools and other activities committed to its care, and
to authorize, or in its discretion to conduct, and maintain  such  extra
classroom   activities,   including   the  operation  of  cafeterias  or
restaurant service for pupils and teachers, as the board, from  time  to

time,  shall  deem  proper. Such cafeterias or restaurant service may be
used by the community for school related functions and activities and to
furnish meals to the elderly residents, sixty years of age or older,  of
the  district.  Such utilization shall be subject to the approval of the
board of education. Charges shall be sufficient to meet the direct  cost
of   preparing   and   serving   such   meals,  reducible  by  available
reimbursements.
* b. In a city having a population of one million or more,  the  board
of education shall make rules and regulations for the conduct, operation
and  maintenance of extra classroom activities and for the safeguarding,
accounting and audit of all moneys received and  derived  therefrom.  In
the  case  of  any extra classroom activity as it shall deem proper, and
notwithstanding the provisions of section twenty-five hundred thirty  of
this chapter, it may direct that the moneys received or derived from the
conduct, operation or maintenance of such an extra classroom activity be
deposited  with the auditor of the board of education, who in such event
shall be the treasurer of such an extra classroom activity,  the  moneys
of which are required to be so deposited. In the procurement of articles
and  services  for the conduct, operation and maintenance of a cafeteria
or restaurant service, the board of education shall be  subject  to  the
provisions of subdivision ten of section twenty-five hundred six of this
chapter,  except  that  said  board  of  education  need  not  have duly
advertised for estimates in order  to  contract  for  such  articles  or
services  in  an  amount exceeding one thousand dollars. In such a city,
the board of education shall also  have  power  to  assign  any  of  its
officers  or  employees  to  perform  such duties as it may prescribe in
connection with an extra classroom activity and to designate such of its
officers and employees when so  assigned  from  whom  a  bond  shall  be
required  for faithful performance of their duties and to fix the sum in
which each such bond shall be given.
* NB Repealed July 1, 2002 and revived on June 30, 2026
c. For the  purposes  of  this  section,  a  general  organization  of
students  of  a  school conducted under the rules and regulations of the
board of education or with its approval, and engaged in extra  classroom
activities other than the operation of a cafeteria or restaurant service
shall   be   known  as  a  student  organization.  Unless  such  student
organization is required by the board of education to deposit  with  the
auditor  the  moneys  received  or  derived  from carrying on such extra
classroom activity,  such  moneys  shall  be  subject  to  the  use  and
disposition of such student organization under the rules and regulations
prescribed by the board of education.
* d.  The  board  of  education  in  a city having a population of one
million or more shall inquire into the origin of  all  moneys  or  other
property  in  the  possession  of  any  student  organization,  on March
twenty-third, nineteen hundred thirty-six, and all such moneys which the
board of education may find to have been derived from the operation of a
cafeteria or restaurant service, it may require to be deposited with the
auditor of the board  of  education  and  applied  to  the  conduct  and
operation of a cafeteria or restaurant service, or other extra classroom
activity,  in  such  manner and to such extent as the board of education
may direct.
* NB Repealed July 1, 2002 and revived on June 30, 2026
* (e) In order to facilitate operation of the  school  lunch  programs
administered  by  the board of education of the city of New York, better
to serve the public interest, all persons employed  in  a  cafeteria  or
lunchroom  in  any  high school under the jurisdiction of this board for
one year prior to the date this section takes effect, shall, because  of
their  special training, experience and efficiency, and, notwithstanding

any provisions to the contrary in any general, special or local law,  be
continued   in   the   employment  of  this  board  without  competitive
examination, provided the necessary funds for such continued  employment
are  appropriated  by the board. The positions so held by such employees
shall be in the noncompetitive class. The New York  city  civil  service
commission,  however,  after  notice to any such employee of the reasons
therefore, and after according such employee a hearing, may exclude  him
from further employment if found by the commission not to be a person of
satisfactorily  good  character.  Not  later  than  one  year after this
section shall take effect, the commission shall determine for  which  of
such  positions competitive examinations shall have become feasible, and
shall thereupon reclassify the various positions, with the  approval  of
the mayor and the state civil service commission. The then incumbents of
such  positions  shall  continue to hold their positions without further
examination, provided, however, that all subsequent appointments to such
positions shall be made in accordance with the  civil  service  law  and
rules.
* NB Repealed July 1, 2002 and revived on June 30, 2026
16. To compensate, in its discretion, teachers and other employees for
loss  of  personal  property  but  shall  provide workmen's compensation
coverage as provided in the workmen's compensation law for all  teachers
and  other employees for injuries incurred in actual performance of duty
and with respect to teachers and other employees for whom such workmen's
compensation coverage is not required in cities of one million  or  more
population,  to  provide  in  its  discretion for reasonable medical and
hospital expenses for injuries incurred in actual performance of duty on
or after July first, nineteen hundred sixty-two.
16-a. In its discretion, to provide under a group insurance policy  or
policies   issued  by  any  insurance  company  or  insurance  companies
authorized to do business in this state or under a group contract issued
by one or more  corporations  subject  to  article  forty-three  of  the
insurance  law, life insurance or accident and health insurance benefits
or medical and surgical benefits or hospital service benefits or any two
or more of such kinds of benefits to teachers and other employees of the
school district who participate in  a  plan  or  plans,  as  hereinafter
provided. The disbursing officer of the school district is authorized to
deduct  from  the  salary of such participant with his prior consent, in
writing, the sums representing the participant's share of the premium or
premiums which are payable by such officer to such insurance company  or
corporation.  Such  board  of  education  is authorized to pay from such
moneys as are available for the purpose, a share of  the  cost  of  such
benefit  or benefits in such amount as is required to be paid under such
group insurance policy or policies or group contract or contracts by the
board of education, as employer. The sum to be  paid  by  the  board  of
education under such policy or policies or contract or contracts, in the
discretion  of such board may be any percentage of the total cost of the
benefit or benefits including the whole thereof.
Notwithstanding  any   provisions   of   this   chapter,   subdivision
thirty-one-a  of  section  one  thousand  six  hundred four, subdivision
thirty-four-a of section one thousand seven hundred nine and subdivision
ten-a of section two thousand five hundred three of  the  education  law
and  this  subdivision  shall not apply to a city having a population of
one million or more inhabitants.
16-b. In  its  discretion,  to  purchase  insurance  against  personal
injuries  incurred  by  an  authorized participant in a school volunteer
program, including but not limited to, those authorized participants who
assist on school buses, school  sponsored  transportation  to  and  from
school, or on school sponsored field trips or any other school sponsored

activity;  provided,  however, that the injuries were incurred while the
authorized participant was functioning either within the scope of his or
her authorized volunteer duties or under the direction of the  board  of
education,  trustee,  or  board  of cooperative educational services, or
both.
* 17.  To  maintain,  in  the  city  of   New   York,   through   such
representatives  as  it  may  designate,  an  effective  visitation  and
inspection  of  all  schools  and  classes  maintained  in  institutions
controlled by the department of correction of the city of New York.
* NB Repealed July 1, 2002 and revived on June 30, 2026
18.  To  provide  transportation, home-teaching or special classes, as
defined under sections forty-four hundred one and forty-four hundred two
of this chapter for physically or mentally  handicapped  and  delinquent
children.  Such  transportation,  home-teaching or special classes, when
provided pursuant to this subdivision, shall  be  granted  to  all  such
children irrespective of the school they legally attend.
19.  To  provide by contract for the transportation of children to and
from any school or institution of learning whenever in its judgment such
transportation is required because of the remoteness of  the  school  to
the  pupil  or for the promotion of the best interests of such children.
Any such contract may be made for a period  not  exceeding  five  years,
notwithstanding  any  provision of any charter or other provision of law
inconsistent herewith.
19-a. In its discretion, to lease a motor vehicle or vehicles for  the
transportation  of  children  of  the  district under the same terms and
conditions as the board of education of a union  free  school  district,
provided, however that no voter approval shall be required.
19-b.  To  establish a minority scholarship recruitment program by the
board of education of the city of Buffalo.
20. To provide, outside the territorial  limits  of  the  city  school
district  but  within  the  state  or within an adjoining state, for the
education of children resident within the city school district  whenever
in  the judgment of the board of education, approved by the commissioner
of education,  the  health  or  welfare  of  such  children  makes  such
provision  necessary  or  desirable, and the average daily attendance of
such pupils shall be included in the average daily  attendance  of  such
district  as certified to the commissioner in the report of the board of
education.
* 21. To assign, in its discretion, one or more employees of the board
in a city having a population of one million or more to serve  as  trial
examiner  with power to conduct investigations and hearings on behalf of
such board. Each trial examiner shall report  the  result  of  any  such
investigation or hearing to the board.
* NB Repealed July 1, 2002 and revived on June 30, 2026
22.  To  provide,  in  its  discretion,  compensation  to a speaker or
speakers at  commencement  day  exercises  in  such  amount  as  may  be
determined by the board.
23.  In  its discretion, and with the written consent of any employee,
to deduct from the salary of such employee such amount as may be  agreed
to  by  such  employee for payment to any credit union doing business in
the state of New York as such employee may designate. Any  such  written
authorization may be withdrawn by such employee at any time.
* 24.  Each  year,  the  board  of  education  shall  prepare a school
district report card, pursuant to regulations of the  commissioner,  and
shall  make it publicly available by transmitting it to local newspapers
of general circulation, appending it to copies of  the  proposed  budget
made  publicly  available  as  required  by law, making it available for
distribution at the annual meeting, and otherwise  disseminating  it  as

required by the commissioner. Such report card shall include measures of
the  academic performances of the school district, on a school by school
basis, and measures of  the  fiscal  performance  of  the  district,  as
prescribed   by   the  commissioner.  Pursuant  to  regulations  of  the
commissioner the report  card  shall  also  compare  these  measures  to
statewide  averages  for  all public schools, and statewide averages for
public  schools  of  comparable  wealth  and  need,  developed  by   the
commissioner.  Such  report  card  shall  include,  at  a  minimum,  any
information on the  school  district  regarding  pupil  performance  and
expenditure  per  pupil  required to be included in the annual report by
the regents to the governor and the legislature pursuant to section  two
hundred fifteen-a of this chapter; and any other information required by
the  commissioner.  School  districts  (i)  identified as having fifteen
percent or more of their students in special education,  or  (ii)  which
have  fifty  percent  or  more  of  their  students with disabilities in
special education programs or services sixty  percent  or  more  of  the
school  day  in  a general education building, or (iii) which have eight
percent or more of their students with disabilities in special education
programs in  public  or  private  separate  educational  settings  shall
indicate   on   their  school  district  report  card  their  respective
percentages as defined in this paragraph and paragraphs (i) and (ii)  of
this subdivision as compared to the statewide average.
* NB Effective until June 30, 2026
* 24.  In  every city school district in a city having a population of
less than one million inhabitants, each year,  the  board  of  education
shall  prepare a school district report card, pursuant to regulations of
the commissioner, and shall make it publicly available  by  transmitting
it to local newspapers of general circulation, appending it to copies of
the  proposed  budget made publicly available as required by law, making
it available for distribution  at  the  annual  meeting,  and  otherwise
disseminating it as required by the commissioner. Such report card shall
include measures of the academic performances of the school district, on
a  school by school basis, and measures of the fiscal performance of the
district, as prescribed by the commissioner. Pursuant to regulations  of
the  commissioner  the  report card shall also compare these measures to
statewide averages for all public schools, and  statewide  averages  for
public   schools  of  comparable  wealth  and  need,  developed  by  the
commissioner.  Such  report  card  shall  include,  at  a  minimum,  any
information  on  the  school  district  regarding  pupil performance and
expenditure per pupil required to be included in the  annual  report  by
the  regents to the governor and the legislature pursuant to section two
hundred fifteen-a of this chapter; and any other information required by
the commissioner. School districts  (i)  identified  as  having  fifteen
percent  or  more  of their students in special education, or (ii) which
have fifty percent or  more  of  their  students  with  disabilities  in
special  education  programs  or  services  sixty percent or more of the
school day in a general education building, or (iii)  which  have  eight
percent or more of their students with disabilities in special education
programs  in  public  or  private  separate  educational  settings shall
indicate  on  their  school  district  report  card   their   respective
percentages  as defined in this paragraph and paragraphs (i) and (ii) of
this subdivision as compared to the statewide average.
* NB Effective June 30, 2026
25. a. Shall require, for purposes of a criminal history record check,
the fingerprinting of all  prospective  employees  pursuant  to  section
three  thousand  thirty-five  of  this  chapter,  who  do not hold valid
clearance pursuant to such section or pursuant to section three thousand
four-b of this chapter or section five hundred nine-cc or twelve hundred

twenty-nine-d of the vehicle and traffic law. Prior  to  initiating  the
fingerprinting  process,  the  prospective  employer  shall  furnish the
applicant with the form described in paragraph (c) of subdivision thirty
of  section  three  hundred  five  of  this chapter and shall obtain the
applicant's consent to the criminal history records search. Every set of
fingerprints taken  pursuant  to  this  subdivision  shall  be  promptly
submitted to the commissioner for purposes of clearance for employment.
b.  Upon  the  recommendation  of  the  superintendent,  the board may
conditionally appoint a prospective employee. A request for  conditional
clearance  shall  be  forwarded  to  the  commissioner  along  with  the
prospective employee's fingerprints, as required by paragraph a of  this
subdivision.  Such  appointment shall not commence until notification by
the commissioner that the prospective employee  has  been  conditionally
cleared  for  employment  and shall terminate forty-five days after such
notification of conditional clearance or when the  prospective  employer
is  notified  of  a  determination  by the commissioner to grant or deny
clearance, whichever occurs earlier, and may not be extended or  renewed
unless the commissioner issues a new conditional clearance after finding
that  there  was  good cause for failing to obtain clearance within such
period, provided that if clearance is  granted,  the  appointment  shall
continue   and  the  conditional  status  shall  be  removed.  Prior  to
commencement of such conditional appointment, the  prospective  employer
shall  obtain  a  signed  statement for conditional appointment from the
prospective employee, indicating whether, to the  best  of  his  or  her
knowledge,  he  or  she  has  a  pending  criminal  charge  or  criminal
conviction in any jurisdiction outside the state.
c. Upon the recommendation of the superintendent, the board  may  make
an  emergency  conditional  appointment  when  an  unforeseen  emergency
vacancy has occurred. When such appointment is  made,  the  process  for
conditional appointment pursuant to paragraph b of this subdivision must
also  be initiated. Emergency conditional appointment may commence prior
to notification from the commissioner on conditional clearance but shall
terminate twenty business days from the date such appointment  commences
or  when  the  prospective  employer  is  notified  by  the commissioner
regarding conditional clearance, whichever occurs earlier, provided that
if conditional clearance is granted, the appointment shall continue as a
conditional appointment. Prior to the commencement of such  appointment,
the  prospective  employer  must obtain a signed statement for emergency
conditional  appointment  from  the  prospective  employee,   indicating
whether,  to  the  best of his or her knowledge, he or she has a pending
criminal  charge  or  criminal  conviction  in  any   jurisdiction.   An
unforeseen  emergency  vacancy  shall  be defined as: (i) a vacancy that
occurred less than ten business days before  the  start  of  any  school
session,   including  summer  school,  or  during  any  school  session,
including  summer  school,  without  sufficient  notice  to  allow   for
clearance  or conditional clearance; (ii) when no other qualified person
is available to fill the vacancy temporarily; and (iii)  when  emergency
conditional  appointment  is  necessary  to  maintain services which the
district is legally required to provide or services necessary to protect
the health, education or safety of students or staff. The provisions  of
subparagraph  (i)  of  this paragraph shall not apply if the board finds
that the district has been unable to fill the vacancy despite good faith
efforts to fill such vacancy  in  a  manner  which  would  have  allowed
sufficient time for clearance or conditional clearance.
d.  Shall  develop  a  policy  for the safety of the children who have
contact with an employee holding conditional  appointment  or  emergency
conditional appointment.
* NB Effective until June 30, 2026
* 25.  Shall require, for purposes of a criminal history record check,
except in the city  school  district  of  the  city  of  New  York,  the
fingerprinting  of  all  prospective employees pursuant to section three
thousand thirty-five of this chapter, who do not  hold  valid  clearance
pursuant to such section or pursuant to section three thousand four-b of
this   chapter  or  section  five  hundred  nine-cc  or  twelve  hundred
twenty-nine-d of the vehicle and traffic law. Prior  to  initiating  the
fingerprinting  process,  the  prospective  employer  shall  furnish the
applicant with the form described in paragraph (c) of subdivision thirty
of section three hundred five of  this  chapter  and  shall  obtain  the
applicant's consent to the criminal history records search. Every set of
fingerprints  taken  pursuant  to  this  subdivision  shall  be promptly
submitted to the commissioner for purposes of clearance for employment.
* NB Effective June 30, 2026
* 26. Shall, upon commencement and termination  of  employment  of  an
employee  by the city school district, provide the commissioner with the
name of and position held by such employee.
* NB Effective until June 30, 2026
* 26. Shall, except in the city school district of  the  city  of  New
York,  upon commencement and termination of employment of an employee by
the city school district, provide the commissioner with the name of  and
position held by such employee.
* NB Effective June 30, 2026
27.  Where  the  district  has  provided  transportation  to  students
enrolled  in  such  district  to  a   school   sponsored   field   trip,
extracurricular  activity  or  any other similar event, it shall provide
transportation  back  to  either  the  point  of  departure  or  to  the
appropriate  school in the district, unless the parent or legal guardian
of a student  participating  in  such  event  has  provided  the  school
district   with   written   notice,  consistent  with  district  policy,
authorizing an  alternative  form  of  return  transportation  for  such
student  or  unless  intervening  circumstances make such transportation
impractical.   In   cases   where   intervening    circumstances    make
transportation  of  a  student  back to the point of departure or to the
appropriate school in the district impractical, a representative of  the
school  district  shall  remain  with  the  student until such student's
parent or legal guardian has been (a)  contacted  and  informed  of  the
intervening circumstances which make such transportation impractical and
(b)  such  student  had  been  delivered  to  his or her parent or legal
guardian.
* 28. To pass a resolution, in the discretion of  the  board  of  such
district,  authorizing the entering of an agreement with the city within
such district,  for  the  installation  and  use  of  school  bus  photo
violation   monitoring   systems  pursuant  to  section  eleven  hundred
seventy-four-a of  the  vehicle  and  traffic  law,  provided  that  the
purchase,  lease,  installation, operation and maintenance, or any other
costs associated with such cameras shall not be  considered  an  aidable
expense  pursuant  to  section thirty-six hundred twenty-three-a of this
chapter.
* NB Repealed December 1, 2029