2023 New York Laws › EDN - Education › Title 2 - School District Organization › Article 51 - City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants › 2503 - Powers and Duties of Board of Education.

§  2503.  Powers  and  duties  of  board  of education. Subject to the
  provisions of this chapter, the board of education:
1. Shall perform any duty imposed upon or exercise any  power  granted
  to  boards  of  education  of city school districts or union free school
  districts or trustees of common school districts 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  school  district,  and  not
  inconsistent with the provisions of this article.
2. Shall 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.
3.  Shall  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.
4.  a. Shall establish and maintain such free elementary schools, high
  schools, training schools, vocational and industrial schools,  technical
  schools, night schools, part-time schools, vacation 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.
b.  May  maintain  public  libraries  pursuant  to section two hundred
  fifty-five of this chapter, or may contract with any public  library  or
  any  free  association  library  registered  by  the regents pursuant to
  section two hundred fifty-six thereof; may organize and maintain  public
  lecture  courses;  and  shall  establish  and  equip  such  playgrounds,
  recreation centers and social centers as the board  from  time  to  time
  shall deem proper.
c.  Shall  authorize the general courses of study which shall be given
  in the schools and shall approve the content of such courses before they
  become operative.
d. Shall authorize and determine the  textbooks  to  be  used  in  the
  schools  under  its  jurisdiction;  and  shall regulate the admission of
  pupils and their transfer from one class, or grade to another  as  their
  scholarship  shall  warrant;  and  shall determine the school where each
  pupil shall attend.
5. Shall 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;  shall  appoint
  properly   qualified   persons  to  fill  such  positions,  including  a
  superintendent  of  schools,  such  associate,   assistant   and   other
  superintendents,    directors,    supervisors,   principals,   teachers,
  lecturers,  special  instructors,  medical  inspectors,  nurses,  claims
  auditors,  deputy  claims  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;  and  shall
  determine their duties except as otherwise provided herein.
6.  Shall have the care, custody, control, safekeeping and maintenance
  of all school property or other property used for educational, social or

  recreational work  of  the  district,  and  shall  prescribe  rules  and
  regulations  for  the  preservation  of  such property. This subdivision
  shall not apply to property used for social or recreational programs  of
  municipalities not established or maintained exclusively for educational
  purposes.
7.  Shall  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;  and  may,  without  authorization  by the voters, provide
  textbooks or other supplies to all the children attending the schools of
  such city school district.
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.
8. Shall lease, for such term as may be necessary, and equip  property
  when  necessary  for the purpose of furnishing school accommodations for
  the schools of the district and may enter into leases or  lease-purchase
  agreements  under  the  same  terms  and  conditions  as  may  boards of
  education of union  free  school  districts.  To  be  eligible  for  aid
  pursuant  to  subdivision  six of section thirty-six hundred two of this
  chapter, any such lease or lease-purchase agreement 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; in the
  case  of  a  lease-purchase  agreement  the  requirements of section one
  hundred three-b of the general municipal  law  shall  be  met;  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.
9.  a.  Shall  promote  the  best  interests  of the schools and other
  activities committed to  its  care,  and  shall  authorize,  or  in  its
  discretion  conduct,  and  maintain  such  extra  classroom  activities,
  including the operation of cafeterias or restaurant service for  use  by
  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,
  and  shall  be  subject  to  voter  approval  unless  the  cafeteria  or
  restaurant service was operated during the  preceding  school  year  and
  requires  no  tax  levy.  Charges shall be sufficient to meet the direct
  cost of  preparing  and  serving  such  meals,  reducible  by  available
  reimbursements.
b.  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.  Moneys  received  or  derived
  from  carrying  on such extra classroom activity shall be subject to the
  use and  disposition  of  such  student  organization  under  rules  and
  regulations  prescribed  by  the  board  of  education,  which rules and
  regulations may require the deposit of  such  moneys  with  an  official
  designated therein.
10.  May  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.
10-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.
10-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.
11. Shall 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.
12. Shall provide by contract or otherwise 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;  and,  in  the case of an enlarged city school district,
  shall provide such transportation to children residing outside the  city
  limits  and  may, in its discretion, provide transportation for children
  residing within the city limits.   Any such contract may be made  for  a
  period of not exceeding five years, notwithstanding any provision of any
  charter  or  other provision of law inconsistent herewith. Provided that
  the cost of such transportation:
a.   to and from schools within  the  school  district  for  distances
  greater  than two or three miles, as applicable, and to and from schools
  outside the  district  within  the  mileage  limitations  prescribed  in
  paragraph a of subdivision one of section thirty-six hundred thirty-five
  of this chapter shall always be an ordinary contingent expense, and
b.  for  distances less than two or three miles, as applicable, or for
  greater than fifteen miles to and  from  schools  outside  the  district
  shall  be an ordinary contingent expense if: (i) such transportation was
  provided during the preceding school year and the qualified voters  have
  not  passed  a  special proposition constricting the mileage limitations
  for the current school year from those in effect in the prior  year,  or
  (ii)  the  qualified  voters have passed a special proposition expanding
  the mileage limitations in effect in the prior year.
12-a. May 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.
13. Shall provide, outside the territorial limits of the  city  school
  district  but  within  the 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.
  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
14.  Shall call special district meetings of the qualified  voters  of
  the  district, whenever it shall deem it necessary and proper, except as
  otherwise provided in section twenty-six hundred one-a of this  chapter;
  shall  give  notice  of  special  or  annual elections; and shall submit
  propositions to the voters at such special or annual meetings.
15. Shall appoint and compensate a school district  clerk,  who  shall
  also  be  the  clerk  of  the  board of education, and a school district
  treasurer, who shall hold their respective offices during  the  pleasure
  of  the  board. It shall be the duty of the school district treasurer to
  maintain  detailed  accounting  records  showing  the  status  of   each
  appropriation, provided however that the board of education may delegate
  such  duty  to  an employee designated for such purpose. No city officer
  shall be appointed to any such office,  unless  the  common  council  or
  other  legislative  body  of  the city shall give its consent thereto in
  writing.
16. Shall have power  to  contract  with  the  city,  subject  to  the
  approval  of  the commissioner of education in all cases where such use,

  according to a rule established by such commissioner, might  affect  the
  educational  program,  for the use of agencies, employees and facilities
  of  the  city,  paying  to  the  city  its  agreed  proportion  of   the
  compensation  or  costs  but  no  agreement therefor shall be made for a
  period longer than five years.
Notwithstanding the foregoing provisions, a city school district which
  employs the facilities and services of the civil service  commission  of
  the  city  in  which  it  is  located  in  whole  or in part shall pay a
  fractional part of the actual annual expenditures for such civil service
  commission on or before the first day of  November  in  each  year.  The
  numerator  of  such  fraction  shall  be  the number of classified civil
  service employees of the city school district multiplied by  the  amount
  of  expenditures  for  such commission during the city's previous fiscal
  year, and the denominator shall be the total of the number of classified
  civil service employees of the city and the city  school  district.  For
  the  purpose  of making such computation the numbers of classified civil
  service employees as shall appear on the payrolls of the  city  and  the
  city  school  district  for  the final payroll period in December of the
  preceding year shall be used.
17. 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.
18. 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.
19. 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.
20.  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.
* 21.  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