§ 2554 — Powers and duties of board of education

New York § 2554

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 52: City School Districts of Cities With One Hundred Twenty-five Thousand Inhabitants or More

Text

§ 2554. Powers and duties of board of education. * Subject to the\nprovisions of this chapter, the board of education in a city, except the\ncity board of the city of New York, shall have the power and it shall be\nits duty:\n * NB Effective until June 30, 2026\n * Subject to the provisions of this chapter, the board of education in\na city shall have the power and it shall be its duty:\n * NB Effective June 30, 2026\n 1. To perform any duty imposed upon boards of education or trustees of\ncommon schools under this chapter or other statutes, or the rules of the\nregents and regulations of the commissioner of education so far as they\nmay be applicable to the school or other educational affairs of a city,\nand not inconsistent with the provisions of this article, except that\nthe provisions of subdivision six of section sixteen hundred four and\nsubdivision eight of section seventeen hundred nine of this chapter\nshall not be applicable to a board of education in any city having a\npopulation of over thirty-five thousand in which the title to the school\nproperty is vested in the city.\n 2. To 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; to appoint a\nsuperintendent of schools, such associate, assistant, district and other\nsuperintendents, examiners, directors, supervisors, principals,\nteachers, lecturers, special instructors, medical inspectors, nurses,\nauditors, attendance officers, secretaries, clerks, custodians, janitors\nand other employees and other persons or experts in educational, social\nor recreational work or in the business management or direction of its\naffairs as said board shall determine necessary for the efficient\nmanagement of the schools and other educational, social, recreational\nand business activities; provided, however, that in the city school\ndistricts of the cities of Buffalo, Rochester, and Syracuse appointment\nof associate, assistant and district superintendents, and other\nsupervising staff who are excluded from the right to bargain\ncollectively pursuant to article fourteen of the civil service law\nshall, within the amounts budgeted for such positions, be by the\nsuperintendent of such city school district; and to determine their\nduties except as otherwise provided herein.\n 2-a. a. In its discretion to adopt a resolution establishing the\noffice of claims auditor and appoint a claims auditor who shall hold his\nor her position subject to the pleasure of the board. In its discretion,\nthe board may adopt a resolution establishing one or more offices of\ndeputy claims auditor who shall act as claims auditor in the absence of\nthe claims auditor. Such claims auditor shall report directly to the\nboard of education. No person shall be eligible for appointment to the\noffice of claims auditor or deputy claims auditor who shall be\n (1) a member of the board of education;\n (2) a clerk or treasurer of the board of education;\n (3) the superintendent of schools or other official of the district\nresponsible for business management;\n (4) the person designated as purchasing agent; or\n (5) clerical or professional personnel directly involved in accounting\nand purchasing functions of the school district.\n b. The positions of claims auditor or deputy claims auditor shall be\nclassified in the exempt class of civil service. The board of education,\nat any time after the establishment of the office of claims auditor or\ndeputy claims auditor, may adopt a resolution abolishing the office.\nWhen the office of claims auditor shall have been established and a\nclaims auditor shall have been appointed and shall have qualified, the\npowers and duties of the board of education with respect to auditing\naccounts, charges, claims or demands against the city school district\nshall devolve upon and thereafter be exercised by such claims auditor,\nduring the continuance of the office. The board of education shall be\npermitted to delegate the claims audit function to one or more\nindependent entities by using (1) inter-municipal cooperative\nagreements, or (2) independent contractors, to fulfill this function.\n c. When the board of education delegates the claims audit function\nusing an inter-municipal cooperative agreement, shared service\nauthorized by section nineteen hundred fifty of this title, or an\nindependent contractor, the board shall be responsible for auditing all\nclaims for services from the entity providing the delegated claims\nauditor, either directly or through a delegation to a different\nindependent entity.\n * 3. To appoint, in a city having a population of one million or more,\nnotwithstanding the provisions of any local laws or charter to the\ncontrary, a superintendent of schools emeritus, whose duty it shall be\nto consult and advise with the educational officers as and when\nrequested by the superintendent of schools. No person shall be eligible\nfor such appointment unless he shall have served in the positions of\nsuperintendent of schools, associate superintendent and district\nsuperintendent or assistant superintendent, and whose total period of\nservice in such position shall have been at least ten years in a city\nhaving a population of one million or more. He shall receive for the\nduration of his life such annual salary as the board of education and\nthe mayor or like financial authority shall determine at the time of his\nappointment, but he shall not receive a retirement allowance or any\nother benefit from the teachers' retirement system or any other pension\nfund, and upon his death his beneficiaries and/or his estate shall not\nbe entitled to any benefits from any pension fund as a result of his\nservice.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n 4. To have the care, custody, control and safekeeping of all school\nproperty or other property of the city used for educational, social or\nrecreational work and not specifically placed by law under the control\nof some other body or officer, and to prescribe rules and regulations\nfor the preservation of such property.\n * 5. To dispose, in the city of New York, of such personal property\nused in the schools and other buildings of the city of New York under\nthe charge of the board of education of such city as shall no longer be\nrequired for use therein. Such disposition shall be made in the name of\nthe city of New York and for such city.\n Such board may sell, at prices as may be agreed upon, such\nmanufactured articles or other products of any of its schools, day and\nevening, as may not be utilized by the board of education and all moneys\nrealized by the sale thereof shall be paid into the city treasury and\nshall at once be appropriated by the city to a special fund to be\nadministered by the board of education for such purposes as such board,\nin its discretion, may determine. All other moneys realized by the sale\nof personal property shall be paid into the city treasury and shall at\nonce be appropriated by the city to the special school fund of the board\nof education for use in the borough in which the property sold was\nsituated.\n Such method of disposal shall be deemed not to apply to the\ndisposition of school books pursuant to subdivision eight of this\nsection.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n 6. To lease property required for the purpose of furnishing school\naccommodations for schools administered by the board of education and to\nprepare and execute leases therefor. To be eligible for aid pursuant to\nsubdivision six of section thirty-six hundred two of this chapter, any\nsuch lease shall be approved by the commissioner prior to execution; the\nleased space shall meet requirements for access by individuals with\ndisabilities to both facilities and programs, as defined in regulations\nof the commissioner; the requirements set forth in paragraphs a, b, c, d\nand f of subdivision one of section four hundred three-b of this chapter\nshall be met, except for the requirement of voter approval; 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 7. To 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. To provide textbooks or other supplies to all the children\nattending the schools of such cities in which free textbooks or other\nsupplies were lawfully provided prior to June eighth, nineteen hundred\nseventeen.\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 * NB Effective until June 30, 2026\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; provided that in the city school\ndistrict of the city of New York, such plan shall be developed by the\nchancellor of the city district. 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 * NB Effective June 30, 2026\n * 8. To dispose of, in the city of New York, to the best advantage of\nthe city of New York, either by sale or on the basis of money allowance\nfor waste paper all books delivered to the several public schools of\nsuch city that have been discarded either by reason of being obsolete,\nno longer required by the course of study, worn by long usage or\nmutilated by accident. If disposal is made by sale it shall be to the\nhighest bidder and the money realized shall be paid into the city\ntreasury and shall at once be appropriated by the city to the special\nschool fund of the board of education entitled "supplies". If disposal\nis made on the basis of money allowance for waste paper, it shall be to\nthe highest bidder. Such discarded books may be disposed of without\npublic advertisement or entry into a formal contract. Should the\ndiscarded books be in such condition that no sale or exchange can be\nmade, or should there be reason to believe that such discarded books\nhave become infected through disease among the pupils, or should the\nsuperintendent of schools certify that such discarded books contain\nerroneous, inaccurate, obsolete or antiquated subject matter,\nillustrations, maps, charts or other material, the committee on supplies\nof the board of education, if such books cannot be sold, given away or\notherwise salvaged as waste paper without danger to the public health,\nmay authorize their destruction by fire, in which event the\nsuperintendent of school supplies shall obtain and file in his office a\ncertificate that such books have been so destroyed, signed by the\nprincipal of the school in which the books are located.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n 9. To establish and maintain such free elementary schools, high\nschools, training schools, vocational and industrial schools,\nkindergartens, nursery schools, technical schools, night schools,\npart-time or continuation schools, vocation schools, schools for adults,\nschools for physically or mentally handicapped or delinquent children or\nsuch other schools or classes as such board shall deem necessary to meet\nthe needs and demands of the city.\n 10. To establish and maintain libraries which may be open to the\npublic, to organize and maintain public lecture courses, and to\nestablish and equip playgrounds, recreation centers, social centers, and\nreading rooms from such funds as the education law or other statutes\nauthorize and the state appropriates for such purposes, and from such\nother funds as may be provided therefor from local taxation or other\nsources.\n 11. To authorize the general courses of study which shall be given in\nthe schools and to approve the content of such courses before they\nbecome operative.\n 12. To authorize and determine the textbooks to be used in the schools\nunder its jurisdiction.\n 13. a. To prescribe such regulations and by-laws as may be necessary\nto make effectual the provisions of this chapter and for the conduct of\nthe proceedings of said board and the transaction of its business\naffairs, for 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 * b. In a city having a population of one million or more, the city\nboard shall prescribe such regulations and by-laws authorizing the\nchancellor to exercise such of its administrative and ministerial powers\nas the board may deem necessary to make effectual the provisions of this\nchapter and for the general management, operation, control, maintenance\nand discipline of schools, and of all other educational, social or\nrecreational activities and other interests under its charge or\ndirection. If in the exercise of its discretion and in order better to\ndischarge its policy-making and other functions and to provide for the\nefficient administration of the educational system, the board delegates\nany of its administrative and ministerial powers to the chancellor, such\nchancellor shall exercise such delegated powers in the same manner and\nwith the same force and effect as if such powers were given to him under\nthe provisions of the education law.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n * 14. To provide in the schools administered by the board of education\nof the city of New York, the proper book or books, in form as required\nby the by-laws of the board of education of such city, in which it shall\ncause the class teachers under the direction and supervision of the\nprincipal to enter the names, ages and residences of the pupils\nattending the school, the name of the parent or guardian of each pupil\nand the days on which the pupils shall have attended respectively, and\nthe aggregate attendance of each pupil during the year, and also the day\nupon which the school shall have been visited by the superintendent of\nschools or by an associate superintendent of schools or by an assistant\nsuperintendent, or by members of the board of education, or by members\nof the local school board, or by any of them, which entry shall be\nverified by such oath or affirmation of the principal as may be\nprescribed by the board of education of such city. Such books shall be\npreserved as the property of such board of education and shall at all\ntimes be open to inspection by members of such board of education, by\nmembers of the local school boards and by the superintendent of schools,\nor by any associate superintendent of schools, or by the assistant\nsuperintendents.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n 15. a. To perform such other duties and possess such other powers as\nmay be required to administer the affairs placed under its control and\nmanagement, to execute all powers vested in it, and to promote the best\ninterests of the schools and other activities committed to its care, and\nto authorize, or in its discretion to conduct, and maintain such extra\nclassroom activities, including the operation of cafeterias or\nrestaurant service for pupils and teachers, as the board, from time to\ntime, shall deem proper. Such cafeterias or restaurant service may be\nused by the community for school related functions and activities and to\nfurnish meals to the elderly residents, sixty years of age or older, of\nthe district. Such utilization shall be subject to the approval of the\nboard of education. Charges shall be sufficient to meet the direct cost\nof preparing and serving such meals, reducible by available\nreimbursements.\n * b. In a city having a population of one million or more, the board\nof education shall make rules and regulations for the conduct, operation\nand maintenance of extra classroom activities and for the safeguarding,\naccounting and audit of all moneys received and derived therefrom. In\nthe case of any extra classroom activity as it shall deem proper, and\nnotwithstanding the provisions of section twenty-five hundred thirty of\nthis chapter, it may direct that the moneys received or derived from the\nconduct, operation or maintenance of such an extra classroom activity be\ndeposited with the auditor of the board of education, who in such event\nshall be the treasurer of such an extra classroom activity, the moneys\nof which are required to be so deposited. In the procurement of articles\nand services for the conduct, operation and maintenance of a cafeteria\nor restaurant service, the board of education shall be subject to the\nprovisions of subdivision ten of section twenty-five hundred six of this\nchapter, except that said board of education need not have duly\nadvertised for estimates in order to contract for such articles or\nservices in an amount exceeding one thousand dollars. In such a city,\nthe board of education shall also have power to assign any of its\nofficers or employees to perform such duties as it may prescribe in\nconnection with an extra classroom activity and to designate such of its\nofficers and employees when so assigned from whom a bond shall be\nrequired for faithful performance of their duties and to fix the sum in\nwhich each such bond shall be given.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n c. 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. Unless such student\norganization is required by the board of education to deposit with the\nauditor the moneys received or derived from carrying on such extra\nclassroom activity, such moneys shall be subject to the use and\ndisposition of such student organization under the rules and regulations\nprescribed by the board of education.\n * d. The board of education in a city having a population of one\nmillion or more shall inquire into the origin of all moneys or other\nproperty in the possession of any student organization, on March\ntwenty-third, nineteen hundred thirty-six, and all such moneys which the\nboard of education may find to have been derived from the operation of a\ncafeteria or restaurant service, it may require to be deposited with the\nauditor of the board of education and applied to the conduct and\noperation of a cafeteria or restaurant service, or other extra classroom\nactivity, in such manner and to such extent as the board of education\nmay direct.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n * (e) In order to facilitate operation of the school lunch programs\nadministered by the board of education of the city of New York, better\nto serve the public interest, all persons employed in a cafeteria or\nlunchroom in any high school under the jurisdiction of this board for\none year prior to the date this section takes effect, shall, because of\ntheir special training, experience and efficiency, and, notwithstanding\nany provisions to the contrary in any general, special or local law, be\ncontinued in the employment of this board without competitive\nexamination, provided the necessary funds for such continued employment\nare appropriated by the board. The positions so held by such employees\nshall be in the noncompetitive class. The New York city civil service\ncommission, however, after notice to any such employee of the reasons\ntherefore, and after according such employee a hearing, may exclude him\nfrom further employment if found by the commission not to be a person of\nsatisfactorily good character. Not later than one year after this\nsection shall take effect, the commission shall determine for which of\nsuch positions competitive examinations shall have become feasible, and\nshall thereupon reclassify the various positions, with the approval of\nthe mayor and the state civil service commission. The then incumbents of\nsuch positions shall continue to hold their positions without further\nexamination, provided, however, that all subsequent appointments to such\npositions shall be made in accordance with the civil service law and\nrules.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n 16. To compensate, in its discretion, teachers and other employees for\nloss 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\nand with respect to teachers and other employees for whom such workmen's\ncompensation coverage is not required in cities of one million or more\npopulation, to provide in its discretion for reasonable medical and\nhospital expenses for injuries incurred in actual performance of duty on\nor after July first, nineteen hundred sixty-two.\n 16-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 Notwithstanding any provisions of this chapter, subdivision\nthirty-one-a of section one thousand six hundred four, subdivision\nthirty-four-a of section one thousand seven hundred nine and subdivision\nten-a of section two thousand five hundred three of the education law\nand this subdivision shall not apply to a city having a population of\none million or more inhabitants.\n 16-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 * 17. To maintain, in the city of New York, through such\nrepresentatives as it may designate, an effective visitation and\ninspection of all schools and classes maintained in institutions\ncontrolled by the department of correction of the city of New York.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n 18. To 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 19. To provide by contract for the transportation of children to and\nfrom any school or institution of learning whenever in its judgment such\ntransportation is required because of the remoteness of the school to\nthe pupil or for the promotion of the best interests of such children.\nAny such contract may be made for a period not exceeding five years,\nnotwithstanding any provision of any charter or other provision of law\ninconsistent herewith.\n 19-a. In its discretion, to lease a motor vehicle or vehicles for the\ntransportation of children of the district under the same terms and\nconditions as the board of education of a union free school district,\nprovided, however that no voter approval shall be required.\n 19-b. To establish a minority scholarship recruitment program by the\nboard of education of the city of Buffalo.\n 20. To provide, outside the territorial limits of the city school\ndistrict but within the state or within an adjoining state, for the\neducation of children resident within the city school district whenever\nin the judgment of the board of education, approved by the commissioner\nof education, the health or welfare of such children makes such\nprovision necessary or desirable, and the average daily attendance of\nsuch pupils shall be included in the average daily attendance of such\ndistrict as certified to the commissioner in the report of the board of\neducation.\n * 21. To assign, in its discretion, one or more employees of the board\nin a city having a population of one million or more to serve as trial\nexaminer with power to conduct investigations and hearings on behalf of\nsuch board. Each trial examiner shall report the result of any such\ninvestigation or hearing to the board.\n * NB Repealed July 1, 2002 and revived on June 30, 2026\n 22. To provide, in its discretion, compensation to a speaker or\nspeakers at commencement day exercises in such amount as may be\ndetermined by the board.\n 23. 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 * 24. Each year, the board of education shall prepare a school\ndistrict report card, pursuant to regulations of the commissioner, and\nshall make it publicly available by transmitting it to local newspapers\nof general circulation, appending it to copies of the proposed budget\nmade publicly available as required by law, making it available for\ndistribution at the annual meeting, and otherwise disseminating it as\nrequired by the commissioner. Such report card shall include measures of\nthe academic performances of the school district, on a school by school\nbasis, and measures of the fiscal performance of the district, as\nprescribed by the commissioner. Pursuant to regulations of the\ncommissioner the report card shall also compare these measures to\nstatewide averages for all public schools, and statewide averages for\npublic schools of comparable wealth and need, developed by the\ncommissioner. Such report card shall include, at a minimum, any\ninformation on the school district regarding pupil performance and\nexpenditure per pupil required to be included in the annual report by\nthe regents to the governor and the legislature pursuant to section two\nhundred fifteen-a of this chapter; and any other information required by\nthe commissioner. School districts (i) identified as having fifteen\npercent or more of their students in special education, or (ii) which\nhave fifty percent or more of their students with disabilities in\nspecial education programs or services sixty percent or more of the\nschool day in a general education building, or (iii) which have eight\npercent or more of their students with disabilities in special education\nprograms in public or private separate educational settings shall\nindicate on their school district report card their respective\npercentages as defined in this paragraph and paragraphs (i) and (ii) of\nthis subdivision as compared to the statewide average.\n * NB Effective until June 30, 2026\n * 24. In every city school district in a city having a population of\nless than one million inhabitants, each year, the board of education\nshall prepare a school district report card, pursuant to regulations of\nthe commissioner, and shall make it publicly available by transmitting\nit to local newspapers of general circulation, appending it to copies of\nthe proposed budget made publicly available as required by law, making\nit available for distribution at the annual meeting, and otherwise\ndisseminating it as required by the commissioner. Such report card shall\ninclude measures of the academic performances of the school district, on\na school by school basis, and measures of the fiscal performance of the\ndistrict, as prescribed by the commissioner. Pursuant to regulations of\nthe commissioner the report card shall also compare these measures to\nstatewide averages for all public schools, and statewide averages for\npublic schools of comparable wealth and need, developed by the\ncommissioner. Such report card shall include, at a minimum, any\ninformation on the school district regarding pupil performance and\nexpenditure per pupil required to be included in the annual report by\nthe regents to the governor and the legislature pursuant to section two\nhundred fifteen-a of this chapter; and any other information required by\nthe commissioner. School districts (i) identified as having fifteen\npercent or more of their students in special education, or (ii) which\nhave fifty percent or more of their students with disabilities in\nspecial education programs or services sixty percent or more of the\nschool day in a general education building, or (iii) which have eight\npercent or more of their students with disabilities in special education\nprograms in public or private separate educational settings shall\nindicate on their school district report card their respective\npercentages as defined in this paragraph and paragraphs (i) and (ii) of\nthis subdivision as compared to the statewide average.\n * NB Effective June 30, 2026\n 25. 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 * NB Effective until June 30, 2026\n * 25. Shall require, for purposes of a criminal history record check,\nexcept in the city school district of the city of New York, the\nfingerprinting of all prospective employees pursuant to section three\nthousand thirty-five of this chapter, who do not hold valid clearance\npursuant to such section or pursuant to section three thousand four-b of\nthis 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 * NB Effective June 30, 2026\n * 26. Shall, upon commencement and termination of employment of an\nemployee by the city school district, provide the commissioner with the\nname of and position held by such employee.\n * NB Effective until June 30, 2026\n * 26. Shall, except in the city school district of the city of New\nYork, upon commencement and termination of employment of an employee by\nthe city school district, provide the commissioner with the name of and\nposition held by such employee.\n * NB Effective June 30, 2026\n 27. 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 * 28. 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