§ 2503 — Powers and duties of board of education

§ 2503. Powers and duties of board of education. Subject to the\nprovisions of this chapter, the board of education:\n 1. Shall perform any duty imposed upon or exercise any power granted\nto boards of education of city school districts or union free school\ndistricts or trustees of common school districts under this chapter or\nother statutes, or the rules of the regents and regulations of the\ncommissioner of education so far as they may be applicable to the school\nor other educational affairs of a city school district, and not\ninconsistent with the provisions of this article.\n 2. Shall prescribe such regulations and by-laws as may be necessary to\nmake effectual the provisions of this chapter and for the conduct of the\nproceedings of said board and the transaction of its business affairs,\nfor the general management, operation, control, maintenance and\ndiscipline of the schools, and of all other educational, social or\nrecreational activities and other interests under its charge or\ndirection.\n 3. Shall have in all respects the superintendence, management and\ncontrol of the educational affairs of the district, and, therefore,\nshall have all the powers reasonably necessary to exercise powers\ngranted expressly or by implication and to discharge duties imposed\nexpressly or by implication by this chapter or other statutes.\n 4. a. Shall establish and maintain such free elementary schools, high\nschools, training schools, vocational and industrial schools, technical\nschools, night schools, part-time schools, vacation schools, schools for\nadults, schools for physically or mentally handicapped or delinquent\nchildren or such other schools or classes as such board shall deem\nnecessary to meet the needs and demands of the city.\n b. May maintain public libraries pursuant to section two hundred\nfifty-five of this chapter, or may contract with any public library or\nany free association library registered by the regents pursuant to\nsection two hundred fifty-six thereof; may organize and maintain public\nlecture courses; and shall establish and equip such playgrounds,\nrecreation centers and social centers as the board from time to time\nshall deem proper.\n c. Shall authorize the general courses of study which shall be given\nin the schools and shall approve the content of such courses before they\nbecome operative.\n d. Shall authorize and determine the textbooks to be used in the\nschools under its jurisdiction; and shall regulate the admission of\npupils and their transfer from one class, or grade to another as their\nscholarship shall warrant; and shall determine the school where each\npupil shall attend.\n 5. Shall create, abolish, maintain and consolidate such positions,\ndivisions, boards or bureaus as, in its judgment, may be necessary for\nthe proper and efficient administration of its work; shall appoint\nproperly qualified persons to fill such positions, including a\nsuperintendent of schools, such associate, assistant and other\nsuperintendents, directors, supervisors, principals, teachers,\nlecturers, special instructors, medical inspectors, nurses, claims\nauditors, deputy claims auditors, attendance officers, secretaries,\nclerks, custodians, janitors and other employees and other persons or\nexperts in educational, social or recreational work or in the business\nmanagement or direction of its affairs as said board shall determine\nnecessary for the efficient management of the schools and other\neducational, social, recreational and business activities; and shall\ndetermine their duties except as otherwise provided herein.\n 6. Shall have the care, custody, control, safekeeping and maintenance\nof all school property or other property used for educational, social or\nrecreational work of the district, and shall prescribe rules and\nregulations for the preservation of such property. This subdivision\nshall not apply to property used for social or recreational programs of\nmunicipalities not established or maintained exclusively for educational\npurposes.\n 7. Shall purchase and furnish such apparatus, maps, globes, books,\nfurniture and other equipment and supplies as may be necessary for the\nproper and efficient management of the schools and other educational,\nsocial and recreational activities and interests under its management\nand control; and may, without authorization by the voters, provide\ntextbooks or other supplies to all the children attending the schools of\nsuch city school district.\n 7-a. To develop a plan to ensure that all instructional materials to\nbe used in the schools of the district are available in a usable\nalternative format for each student with a disability, as defined in\nsection forty-four hundred one of this chapter, and for each student who\nis a qualified individual with a disability as defined in the\nrehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as\namended, in accordance with his or her educational needs and course\nselection, at the same time as such instructional materials are\navailable to non-disabled students. As part of such plan, the board of\neducation shall amend its procurement policies to give a preference in\nthe purchase of instructional materials to vendors who agree to provide\nmaterials in alternative formats. For purposes of this subdivision,\n"alternative format" shall mean any medium or format for the\npresentation of instructional materials, other than a traditional print\ntextbook, that is needed as an accommodation for a disabled student\nenrolled in the school district, including but not limited to Braille,\nlarge print, open and closed captioned, audio, or an electronic file in\nan approved format, as defined in the regulations of the commissioner.\nWhen an electronic file is provided, the plan shall specify how the\nformat will be accessed by students and/or how the district shall\nconvert to an accessible format. Such plan shall identify the needs of\nstudents residing in the district for alternative format materials. Such\nplan shall also specify ordering timelines to ensure that alternative\nformat materials are available at the same time as regular format\nmaterials. Such plans shall include procedures to address the need to\nobtain materials in alternative format without delay for disabled\nstudents who move into the school district during the school year.\n 8. Shall lease, for such term as may be necessary, and equip property\nwhen necessary for the purpose of furnishing school accommodations for\nthe schools of the district and may enter into leases or lease-purchase\nagreements under the same terms and conditions as may boards of\neducation of union free school districts. To be eligible for aid\npursuant to subdivision six of section thirty-six hundred two of this\nchapter, any such lease or lease-purchase agreement shall be approved by\nthe commissioner prior to execution; the leased space shall meet\nrequirements for access by individuals with disabilities to both\nfacilities and programs, as defined in regulations of the commissioner;\nthe requirements set forth in paragraphs a, b, c, d and f of subdivision\none of section four hundred three-b of this chapter shall be met; in the\ncase of a lease-purchase agreement the requirements of section one\nhundred three-b of the general municipal law shall be met; and the\nleased space shall be used to house programs for pupils in grades\nprekindergarten through twelve, other than programs funded pursuant to\nsection forty-four hundred ten of this chapter, with minimal associated\nadministrative and support services space as approved by the\ncommissioner.\n 9. a. Shall promote the best interests of the schools and other\nactivities committed to its care, and shall authorize, or in its\ndiscretion conduct, and maintain such extra classroom activities,\nincluding the operation of cafeterias or restaurant service for use by\npupils and teachers, as the board, from time to time, shall deem proper.\nSuch cafeterias or restaurant service may be used by the community for\nschool related functions and activities and to furnish meals to the\nelderly residents, sixty years of age or older, of the district. Such\nutilization shall be subject to the approval of the board of education,\nand shall be subject to voter approval unless the cafeteria or\nrestaurant service was operated during the preceding school year and\nrequires no tax levy. Charges shall be sufficient to meet the direct\ncost of preparing and serving such meals, reducible by available\nreimbursements.\n b. For the purposes of this section, a general organization of\nstudents of a school conducted under the rules and regulations of the\nboard of education or with its approval, and engaged in extra classroom\nactivities other than the operation of a cafeteria or restaurant service\nshall be known as a student organization. Moneys received or derived\nfrom carrying on such extra classroom activity shall be subject to the\nuse and disposition of such student organization under rules and\nregulations prescribed by the board of education, which rules and\nregulations may require the deposit of such moneys with an official\ndesignated therein.\n 10. May compensate, in its discretion, teachers and other employees\nfor loss of personal property but shall provide workmen's compensation\ncoverage as provided in the workmen's compensation law for all teachers\nand other employees for injuries incurred in actual performance of duty.\n 10-a. In its discretion, to provide under a group insurance policy or\npolicies issued by any insurance company or insurance companies\nauthorized to do business in this state or under a group contract issued\nby one or more corporations subject to article forty-three of the\ninsurance law, life insurance or accident and health insurance benefits\nor medical and surgical benefits or hospital service benefits or any two\nor more of such kinds of benefits to teachers and other employees of the\nschool district who participate in a plan or plans, as hereinafter\nprovided. The disbursing officer of the school district is authorized to\ndeduct from the salary of such participant with his prior consent, in\nwriting, the sums representing the participant's share of the premium or\npremiums which are payable by such officer to such insurance company or\ncorporation. Such board of education is authorized to pay from such\nmoneys as are available for the purpose, a share of the cost of such\nbenefit or benefits in such amount as is required to be paid under such\ngroup insurance policy or policies or group contract or contracts by the\nboard of education, as employer. The sum to be paid by the board of\neducation under such policy or policies or contract or contracts, in the\ndiscretion of such board may be any percentage of the total cost of the\nbenefit or benefits including the whole thereof.\n 10-b. In its discretion, to purchase insurance against personal\ninjuries incurred by an authorized participant in a school volunteer\nprogram, including but not limited to, those authorized participants who\nassist on school buses, school sponsored transportation to and from\nschool, or on school sponsored field trips or any other school sponsored\nactivity; provided, however, that the injuries were incurred while the\nauthorized participant was functioning either within the scope of his or\nher authorized volunteer duties or under the direction of the board of\neducation, trustee, or board of cooperative educational services, or\nboth.\n 11. Shall provide transportation, home teaching or special classes, as\ndefined under sections forty-four hundred one and forty-four hundred two\nof this chapter for physically or mentally handicapped and delinquent\nchildren. Such transportation, home teaching or special classes, when\nprovided pursuant to this subdivision, shall be granted to all such\nchildren irrespective of the school they legally attend.\n 12. Shall provide by contract or otherwise for the transportation of\nchildren to and from any school or institution of learning whenever in\nits judgment such transportation is required because of the remoteness\nof the school to the pupil or for the promotion of the best interests of\nsuch children; and, in the case of an enlarged city school district,\nshall provide such transportation to children residing outside the city\nlimits and may, in its discretion, provide transportation for children\nresiding within the city limits. Any such contract may be made for a\nperiod of not exceeding five years, notwithstanding any provision of any\ncharter or other provision of law inconsistent herewith. Provided that\nthe cost of such transportation:\n a. to and from schools within the school district for distances\ngreater than two or three miles, as applicable, and to and from schools\noutside the district within the mileage limitations prescribed in\nparagraph a of subdivision one of section thirty-six hundred thirty-five\nof this chapter shall always be an ordinary contingent expense, and\n b. for distances less than two or three miles, as applicable, or for\ngreater than fifteen miles to and from schools outside the district\nshall be an ordinary contingent expense if: (i) such transportation was\nprovided during the preceding school year and the qualified voters have\nnot passed a special proposition constricting the mileage limitations\nfor the current school year from those in effect in the prior year, or\n(ii) the qualified voters have passed a special proposition expanding\nthe mileage limitations in effect in the prior year.\n 12-a. May lease a motor vehicle or vehicles for the transportation of\nchildren of the district under the same terms and conditions as the\nboard of education of a union free school district.\n 13. Shall provide, outside the territorial limits of the city school\ndistrict but within the state, for the education of children resident\nwithin the city school district whenever in the judgment of the board of\neducation, approved by the commissioner of education, the health or\nwelfare of such children makes such provision necessary or desirable.\nThe average daily attendance of such pupils shall be included in the\naverage daily attendance of such district as certified to the\ncommissioner in the report of the board of education\n 14. Shall call special district meetings of the qualified voters of\nthe district, whenever it shall deem it necessary and proper, except as\notherwise provided in section twenty-six hundred one-a of this chapter;\nshall give notice of special or annual elections; and shall submit\npropositions to the voters at such special or annual meetings.\n 15. Shall appoint and compensate a school district clerk, who shall\nalso be the clerk of the board of education, and a school district\ntreasurer, who shall hold their respective offices during the pleasure\nof the board. It shall be the duty of the school district treasurer to\nmaintain detailed accounting records showing the status of each\nappropriation, provided however that the board of education may delegate\nsuch duty to an employee designated for such purpose. No city officer\nshall be appointed to any such office, unless the common council or\nother legislative body of the city shall give its consent thereto in\nwriting.\n 16. Shall have power to contract with the city, subject to the\napproval of the commissioner of education in all cases where such use,\naccording to a rule established by such commissioner, might affect the\neducational program, for the use of agencies, employees and facilities\nof the city, paying to the city its agreed proportion of the\ncompensation or costs but no agreement therefor shall be made for a\nperiod longer than five years.\n Notwithstanding the foregoing provisions, a city school district which\nemploys the facilities and services of the civil service commission of\nthe city in which it is located in whole or in part shall pay a\nfractional part of the actual annual expenditures for such civil service\ncommission on or before the first day of November in each year. The\nnumerator of such fraction shall be the number of classified civil\nservice employees of the city school district multiplied by the amount\nof expenditures for such commission during the city's previous fiscal\nyear, and the denominator shall be the total of the number of classified\ncivil service employees of the city and the city school district. For\nthe purpose of making such computation the numbers of classified civil\nservice employees as shall appear on the payrolls of the city and the\ncity school district for the final payroll period in December of the\npreceding year shall be used.\n 17. In its discretion, and with the written consent of any employee,\nto deduct from the salary of such employee such amount as may be agreed\nto by such employee for payment to any credit union doing business in\nthe state of New York as such employee may designate. Any such written\nauthorization may be withdrawn by such employee at any time.\n 18. a. Shall require, for purposes of a criminal history record check,\nthe fingerprinting of all prospective employees pursuant to section\nthree thousand thirty-five of this chapter, who do not hold valid\nclearance pursuant to such section or pursuant to section three thousand\nfour-b of this chapter or section five hundred nine-cc or twelve hundred\ntwenty-nine-d of the vehicle and traffic law. Prior to initiating the\nfingerprinting process, the prospective employer shall furnish the\napplicant with the form described in paragraph (c) of subdivision thirty\nof section three hundred five of this chapter and shall obtain the\napplicant's consent to the criminal history records search. Every set of\nfingerprints taken pursuant to this subdivision shall be promptly\nsubmitted to the commissioner for purposes of clearance for employment.\n b. Upon the recommendation of the superintendent, the board may\nconditionally appoint a prospective employee. A request for conditional\nclearance shall be forwarded to the commissioner along with the\nprospective employee's fingerprints, as required by paragraph a of this\nsubdivision. Such appointment shall not commence until notification by\nthe commissioner that the prospective employee has been conditionally\ncleared for employment and shall terminate forty-five days after such\nnotification of conditional clearance or when the prospective employer\nis notified of a determination by the commissioner to grant or deny\nclearance, whichever occurs earlier, and may not be extended or renewed\nunless the commissioner issues a new conditional clearance after finding\nthat there was good cause for failing to obtain clearance within such\nperiod, provided that if clearance is granted, the appointment shall\ncontinue and the conditional status shall be removed. Prior to\ncommencement of such conditional appointment, the prospective employer\nshall obtain a signed statement for conditional appointment from the\nprospective employee, indicating whether, to the best of his or her\nknowledge, he or she has a pending criminal charge or criminal\nconviction in any jurisdiction outside the state.\n c. Upon the recommendation of the superintendent, the board may make\nan emergency conditional appointment when an unforeseen emergency\nvacancy has occurred. When such appointment is made, the process for\nconditional appointment pursuant to paragraph b of this subdivision must\nalso be initiated. Emergency conditional appointment may commence prior\nto notification from the commissioner on conditional clearance but shall\nterminate twenty business days from the date such appointment commences\nor when the prospective employer is notified by the commissioner\nregarding conditional clearance, whichever occurs earlier, provided that\nif conditional clearance is granted, the appointment shall continue as a\nconditional appointment. Prior to the commencement of such appointment,\nthe prospective employer must obtain a signed statement for emergency\nconditional appointment from the prospective employee, indicating\nwhether, to the best of his or her knowledge, he or she has a pending\ncriminal charge or criminal conviction in any jurisdiction. An\nunforeseen emergency vacancy shall be defined as: (i) a vacancy that\noccurred less than ten business days before the start of any school\nsession, including summer school, or during any school session,\nincluding summer school, without sufficient notice to allow for\nclearance or conditional clearance; (ii) when no other qualified person\nis available to fill the vacancy temporarily; and (iii) when emergency\nconditional appointment is necessary to maintain services which the\ndistrict is legally required to provide or services necessary to protect\nthe health, education or safety of students or staff. The provisions of\nsubparagraph (i) of this paragraph shall not apply if the board finds\nthat the district has been unable to fill the vacancy despite good faith\nefforts to fill such vacancy in a manner which would have allowed\nsufficient time for clearance or conditional clearance.\n d. Shall develop a policy for the safety of the children who have\ncontact with an employee holding conditional appointment or emergency\nconditional appointment.\n 19. Shall upon commencement and termination of employment of an\nemployee by the school district, provide the commissioner with the name\nof and position held by such employee.\n 20. Where the district has provided transportation to students\nenrolled in such district to a school sponsored field trip,\nextracurricular activity or any other similar event, it shall provide\ntransportation back to either the point of departure or to the\nappropriate school in the district, unless the parent or legal guardian\nof a student participating in such event has provided the school\ndistrict with written notice, consistent with district policy,\nauthorizing an alternative form of return transportation for such\nstudent or unless intervening circumstances make such transportation\nimpractical. In cases where intervening circumstances make\ntransportation of a student back to the point of departure or to the\nappropriate school in the district impractical, a representative of the\nschool district shall remain with the student until such student's\nparent or legal guardian has been (a) contacted and informed of the\nintervening circumstances which make such transportation impractical and\n(b) such student had been delivered to his or her parent or legal\nguardian.\n * 21. To pass a resolution, in the discretion of the board of such\ndistrict, authorizing the entering of an agreement with the city within\nsuch district, for the installation and use of school bus photo\nviolation monitoring systems pursuant to section eleven hundred\nseventy-four-a of the vehicle and traffic law, provided that the\npurchase, lease, installation, operation and maintenance, or any other\ncosts associated with such cameras shall not be considered an aidable\nexpense pursuant to section thirty-six hundred twenty-three-a of this\nchapter.\n * NB Repealed December 1, 2029\n