§ 1604 — Powers and duties of trustees

§ 1604. Powers and duties of trustees. It shall be the duty of the\ntrustees of a common school district, and they shall have the power:\n 1. To call special meetings of the inhabitants of such district\nwhenever they shall deem it necessary and proper.\n 2. To give notice of special, annual and adjourned meetings in the\nmanner prescribed in this chapter, if there be no clerk of the district,\nor he be absent or incapable of acting, or shall refuse to act.\n 3. To make out a tax-list of every district tax voted by a district\nmeeting, or authorized by law, which shall contain the names of all the\ntaxable inhabitants residing in the district at the time of making out\nthe list, and the amount of tax payable by each inhabitant, as directed\nin article seventy-one of this chapter.\n 4. To purchase or lease such schoolhouse sites and other grounds to be\nused for playgrounds, or for agriculture, athletic center and social\ncenter purposes, and to purchase or build such schoolhouses, as a\ndistrict meeting may authorize; to hire temporarily such rooms or\nbuildings as may be necessary for school purposes; and to purchase such\nimplements, supplies and apparatus as may be necessary to provide\ninstruction in agriculture, or to equip and maintain play-grounds, and\nto conduct athletic and social center activities in the district, when\nauthorized by a vote of a district meeting.\n 5. To have the custody and safe-keeping of the district schoolhouses,\ntheir sites and appurtenances.\n 6. To insure the school buildings, furniture and school apparatus in\nan insurance company created by or under the laws of this state, or in\nan insurance company authorized by law to transact business in this\nstate, and to comply with the conditions of the policy, and raise by a\ndistrict tax the amount required to pay the premiums thereon.\n 7. To insure the school library in such a company in a sum fixed by a\ndistrict meeting, and to raise the premium by a district tax, and comply\nwith the conditions of the policy.\n 7-a. In their discretion to insure pupils against damage occasioned\nbecause of accidental personal injuries sustained while participating in\nphysical education classes, intramural and interscholastic sports\nactivities, in such a company, and raise by district tax the amount\nrequired to pay the premiums thereon.\n 7-b. In their discretion, to purchase insurance against accidents to\npupils occurring in school, on school grounds, while being transported\nbetween home and school in a school bus as defined in section thirty-six\nhundred twenty-one, and during sponsored trips.\n 8. To appoint and enter into contract with a superintendent of schools\nas provided in, and consistent with, section seventeen hundred eleven of\nthis chapter, and to employ in accordance with, and subject to, the\nprovisions of section three thousand twelve of this chapter as many\nlegally qualified teachers as the schools of the district require; to\ndetermine the rate of compensation of each teacher and to determine the\nterms of school to be held during each school year, and to employ\npersons to supervise, organize, conduct and maintain athletic,\nplayground and social center activities when they are authorized by a\nvote of a district meeting as provided by law. The regular teachers of\nthe school may be employed at an increased compensation or otherwise,\nand by separate agreement, written or oral, for one or more of such\nadditional duties.\n 9. To establish rules for the government and discipline of the schools\nof the district.\n 10. To prescribe the course of studies to be pursued in such schools.\nProvisions shall be made for instructing pupils in all schools supported\nby public money, or under state control, in all subjects in which such\ninstruction is required to be given under the provisions of article\nseventeen of this chapter.\n 11. To pay the schools moneys apportioned to the district by giving\norders on the county treasurer, or on the collector or treasurer of such\ndistrict when duly qualified to receive and disburse the same.\n 12. To collect by district tax an amount sufficient to maintain school\nin the district for the current school year, including any judgment\nrendered against the district, after deducting from the aggregate amount\nrequired for this purpose the amount of school moneys in the hands of\nthe county treasurer, collector or treasurer of the district and to pay\nthe same by written orders on such district collector or treasurer.\n 13. To draw upon the county treasurer, the collector or treasurer of\nthe district, when duly qualified to receive and disburse the same, for\nthe school moneys, by written orders signed by the sole trustee, or\nwhere there are three trustees, signed by a majority of said trustees;\nprovided, however, that in common school districts employing ten or more\nteachers and having a treasurer and a board of three trustees, by\nresolution duly adopted, the board may authorize one voucher-order check\nto be drawn in the total amount of a duly certified payroll for the\nsalaries of regularly appointed employees and officers legally entitled\nto be compensated for their services; the proceeds of such voucher-order\npayroll check shall be credited to a payroll account from which checks\nshall be signed only by the treasurer of the district and drawn payable\nto individual employees or officers legally entitled to be compensated\nfor services.\n 14. To keep each of the schoolhouses under their charge, and its\nfurniture, school apparatus and appurtenances, in necessary and proper\nrepair, and make the same reasonably comfortable for use, but shall not\nexpend therefor without vote of the district an amount to exceed one\nhundred dollars in any one year.\n 15. To make any repairs and abate any nuisances, pursuant to the\ndirection of the district superintendent as herein provided, and provide\nfuel, stoves or other heating apparatus, pails, brooms and other\nimplements necessary to keep the schoolhouses and the schoolrooms clean,\nand make them reasonably comfortable for use, when no provision has been\nmade therefor by a vote of the district, or the sum voted by the\ndistrict for said purposes shall have proved insufficient.\n 16. To provide for all janitorial work in and about the school\nbuildings, and pay reasonable compensation therefor.\n 17. To provide bound blank-books for the entering of their accounts,\nthe records of the district and the proceedings of district and trustee\nmeetings, and a list of the movable property of the district and they\nshall deliver such books to their successors in office.\n 18. To expend in the purchase of a dictionary, books, reproductions of\nstandard works of art, maps, globes or other school apparatus, including\nimplements, apparatus and supplies for instruction in agriculture, or\nfor conducting athletic playgrounds and social center activities, a sum\nnot exceeding fifty dollars in any one year, without a vote of the\ndistrict.\n 19. To establish temporary or branch schools in such places in the\ndistrict as shall best accommodate the children, and to hire rooms or\nbuildings therefor and to fit up and furnish such rooms or buildings in\na suitable manner for conducting school therein when it is shown:\n a. That any considerable number of the children residing in a portion\nof the district are so remote from the schoolhouse as to render it\ndifficult for them to attend school in such schoolhouse in inclement\nweather, or\n b. That the schoolhouse is overcrowded and proper accommodations are\nnot afforded all the children of the district, or\n c. That for any other sufficient reason suitable and proper school\nfacilities are not provided by the existing school accommodations.\n 20. 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 21. To purchase and maintain, when authorized by a vote of the\nqualified voters of the school district, a motor vehicle or vehicles to\nbe used for the transportation of the school children of the district.\nSuch motor vehicle or vehicles may be leased to another school district\nwhen not needed for such transportation. Likewise when not so needed\nsuch motor vehicle or vehicles may be leased to a school district or a\nmunicipality as defined in section two of chapter five hundred fifty-six\nof the laws of nineteen hundred forty-five, for the purpose of\ntransporting children and instructors in connection with (a) a\nrecreation project or a youth service project operated by one or more\nmunicipalities or by a school district, if such project is authorized\nand approved by the state youth commission, or (b) a youth bureau or\nagency or activity or project of a county, town, city or village which\nis devoted to the welfare of youth therein or to providing leisure-time\nactivities for youth or assistance to children, as authorized in section\nninety-five of the general municipal law, or (c) one or more playgrounds\nand neighborhood recreation centers operated and maintained by one or\nmore cities except New York, Buffalo and Rochester, counties except Erie\nand the counties within the city of New York, towns or villages, whether\nor not any school board or district joins in such operating and\nmaintaining, as authorized in section two hundred forty-four-b of the\ngeneral municipal law. In any case when such motor vehicle shall be\nleased as provided in this subdivision, public liability and property\ndamage insurance, fire insurance and compensation insurance of drivers\nshall be provided and collision insurance shall be provided in the\namount of the value of the vehicle, to protect the lessor. The\nadditional cost of such insurance shall be paid by the lessee. No part\nof the costs and expenses resulting from operation, maintenance and\nrepair of such vehicles during the leasing thereof shall be included in\ndetermining the amount of any form of state aid received by such school\ndistrict.\n 21-a. To lease a motor vehicle or vehicles to be used for the\ntransportation of the children of the district from a school district,\nboard of cooperative educational services or county vocational education\nand extension board or from any other source, under the conditions\nspecified in this subdivision. No such agreement for the lease of a\nmotor vehicle or vehicles shall be for a term of more than one school\nyear, provided that when authorized by a vote of the qualified voters of\nthe district such lease may have a term of up to five years, or eight\nyears for the lease of zero-emission school buses as defined in section\nthirty-six hundred thirty-eight of this chapter. Where the trustee or\nboard of trustees enter into a lease of a motor vehicle or vehicles\npursuant to this subdivision for a term of one school year or less, such\ntrustee or board shall not be authorized to enter into another lease for\nthe same or an equivalent replacement vehicle or vehicles, as determined\nby the commissioner, without obtaining approval of the qualified voters\nof the school district.\n 21-b. a. The trustees are authorized to provide regional\ntransportation services by rendering such services jointly with other\nschool districts or boards of cooperative educational services. Such\nservices may include pupil transportation between home and school,\ntransportation during the day to and from school and a special education\nprogram or service or a program at a board of cooperative educational\nservices or an approved shared program at another school district,\ntransportation for field trips or to and from extracurricular\nactivities, and cooperative school bus maintenance.\n b. The trustees are authorized to enter into a contract with another\nschool district, a county, municipality, or the state office of children\nand family services to provide transportation for children, including\ncontracts to provide such transportation as regional transportation\nservices, provided that the contract cost is appropriate. In determining\nthe appropriate transportation contract cost, the transportation service\nprovider school district shall use a calculation consistent with\nregulations adopted by the commissioner for the purpose of assuring that\ncharges reflect the true costs that would be incurred by a prudent\nperson in the conduct of a competitive transportation business.\n 22. To pay any judgment levied against the district and in the event\nthere are no moneys otherwise available, to levy a tax upon the taxable\nproperty of the district to pay the same.\n 23. To contract with any person, corporation or other school district\nfor the conveyance of pupils residing within the district, when\nauthorized to do so under subdivision nineteen of section two thousand\ntwenty-one, by vote of the inhabitants of the district entitled to vote,\nor to contract for the operation, maintenance and garaging of motor\nvehicles owned by the district, in accordance with such rules and\nregulations as such trustees may establish, consistent with the\nregulations of the commissioner of education. Upon authorization by a\nschool district meeting, every such contract of transportation may be\nmade for a period not exceeding five years, notwithstanding any\nprovision of any other law inconsistent herewith.\n 24. To furnish lighting facilities, janitorial care and supervision\nfor highway underpasses when authorized to do so by vote of a district\nmeeting under the provisions of subdivision twenty of section two\nthousand fifteen of this chapter.\n 25. To provide school health services, as defined in subdivision two\nof section nine hundred one of this chapter, to all children in\nattendance upon schools under their supervision and to pay any expense\nincurred therefor.\n 26. To establish a petty cash fund for the use of the principal,\nteacher or clerk of the school district for the payment, in advance of\nauthorization, of properly itemized bills for materials, supplies or\nservices furnished to the school district under conditions calling for\nimmediate payment to the vendor upon delivery of any such materials or\nsupplies or the rendering of any such services. The amount of such a\npetty cash fund and the method of handling same shall be in accordance\nwith regulations established by the commissioner of education.\n 27. To reimburse members of the teaching and supervising staff for\nexpenses actually and necessarily incurred in the performance of their\nofficial duties and to make such rules and regulations in relation\nthereto as they shall deem necessary and proper. Such rules and\nregulations may include the establishment of a mileage rate for the use\nof personally owned cars for such purpose in lieu of auditing and\nallowing claims for actual and necessary expenses of travel.\n 28. To provide, maintain and operate a cafeteria or restaurant service\nfor the use of pupils and teachers while in school and for the use by\nthe community for school related functions and activities and to furnish\nmeals to the elderly residents, sixty years of age or older, of the\ndistrict. Such utilization shall be subject to the approval of the board\nof education. Charges shall be sufficient to meet the direct cost of\npreparing and serving such meals, reducible by available reimbursements.\n 29. To prescribe the text-books to be used in the schools, and to\ncompel a uniformity in the use of the same, pursuant to the provisions\nof this chapter, and to furnish the same to pupils out of any moneys\nprovided for that purpose.\n 29-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 trustee or\nboard of trustees shall amend its procurement policies to give a\npreference in the purchase of instructional materials to vendors who\nagree to provide materials in alternative formats. For purposes of this\nsubdivision, "alternative format" shall mean any medium or format for\nthe presentation of instructional materials, other than a traditional\nprint textbook, that is needed as an accommodation for a disabled\nstudent enrolled in the school district, including but not limited to\nBraille, large print, open and closed captioned, audio, or an electronic\nfile in an approved format, as defined in the regulations of the\ncommissioner. When an electronic file is provided, the plan shall\nspecify how the format will be accessed by students and/or how the\ndistrict shall convert to an accessible format. Such plan shall identify\nthe needs of students residing in the district for alternative format\nmaterials. Such plan shall also specify ordering timelines to ensure\nthat alternative format materials are available at the same time as\nregular format materials. Such plans shall include procedures to address\nthe need to obtain materials in alternative format without delay for\ndisabled students who move into the school district during the school\nyear.\n 30. To 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 31. To provide workmen's compensation coverage as provided in the\nworkmen's compensation law for all teachers and other employees for\ninjuries incurred in actual performance of duty.\n 31-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 31-b. In their 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 32. 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 33. In his discretion to contract with a social services district\npursuant to subdivision three of section four hundred ten of the social\nservices law to furnish day care for children on behalf of the social\nservices district.\n 34. To appoint a district clerk, and a district treasurer, where such\noffice is not filled by election pursuant to section two thousand\ntwenty-one of this chapter, to serve the district during each school\nyear, or until a successor is appointed.\n 35. a. In their 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 such trustees. In its\ndiscretion, the trustees may adopt a resolution establishing the office\nof deputy claims auditor who shall act as claims auditor in the absence\nof the claims auditor. Such claims auditor shall report directly to the\ntrustees. No person shall be eligible for appointment to the office of\nclaims auditor or deputy claims auditor who shall also be:\n (1) a trustee of the school district;\n (2) the clerk or treasurer of the school district;\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. Such claims auditor or deputy claims auditor shall not be required\nto be a resident of the district, and the positions of claims auditor\nand deputy claims auditor shall be classified in the exempt class of the\ncivil service. The trustees, at any time after the establishment of the\noffice of claims auditor or deputy claims auditor, may adopt a\nresolution abolishing such office, whereupon such office shall be\nabolished. When the office of claims auditor shall have been established\nand a claims auditor shall have been appointed and shall have qualified,\nthe powers and duties of the trustees with respect to claims auditing,\nand allowing or rejecting all accounts, charges, claims or demands\nagainst the school district, shall devolve upon and thereafter be\nexercised by such claims auditor during the continuance of such office.\nThe trustees shall be permitted to delegate the claims audit function to\none or more independent entities by using (1) inter-municipal\ncooperative agreements, (2) shared services to the extent authorized by\nsection nineteen hundred fifty of this title, or (3) independent\ncontractors, to fulfill this function.\n c. When the trustees delegate the claims audit function using an\ninter-municipal cooperative agreement, shared service authorized by\nsection nineteen hundred fifty of this title, or an independent\ncontractor, the trustees shall be responsible for auditing all claims\nfor services from the entity providing the delegated claims auditor,\neither directly or through a delegation to a different independent\nentity.\n 36. In its discretion to provide that the proceeds of the sale or\nappropriation of school district real property shall, after being used\nfor any legally required purpose be used to reduce real property taxes\nin such district for a period not to exceed ten school years, or such\nlesser period as it may direct. Such proceeds may be invested and any\ninterest obtained may also be used for such purpose. Such reserve fund\nshall be invested and reinvested pursuant to the provisions of\nsubdivision two of section sixteen hundred four-a of this article.\n 37. In their discretion and in compliance with rules and regulations\nof the commissioner promulgated pursuant to section one hundred one-a of\nthis chapter, to give written notice to the family court pursuant to\nsubdivision four of section seven hundred fifty-eight-a and subdivision\nfour of section 353.6 of the family court act of the desire of the\nschool district to act in the supervision of certain juveniles while\nperforming services for the public good.\n 38. To offer monetary rewards, in sums not to exceed one thousand\ndollars, to individuals for information leading to the arrest and\nconviction of any person or persons for felonies or misdemeanors\ndirectly connected to vandalism of district property. Such rewards may\nbe offered on any conditions such trustees may determine, subject to\nwhatever qualifications it may deem appropriate.\n 39. 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 trustees 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 trustees may\nmake an 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 trustees find\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 40. Shall upon commencement and termination of employment of an\nemployee by the district, provide the commissioner with the name of and\nposition held by such employee.\n 41. 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 42. a. To enter into a lease, sublease or other agreement with the\ndormitory authority providing for the financing or refinancing of all or\na portion of the school district capital facilities or school district\ncapital equipment in accordance with section sixteen hundred eighty of\nthe public authorities law and with the approval of the commissioner.\nSuch lease, sublease, or other agreement may provide for the payment of\nannual or other payments to the dormitory authority, and contain such\nother terms and conditions as may be agreed upon by the parties thereto,\nincluding the establishment of reserve funds and indemnities. For\npurposes of this subdivision, school district capital equipment shall\nhave the meaning ascribed thereto in section sixteen hundred seventy-six\nof the public authorities law.\n b. Notwithstanding any provisions of law to the contrary, the\ndormitory authority and the trustee or board of trustees are hereby\nauthorized and empowered to perform any and all acts and to enter into\nany and all agreements necessary or desirable to effectuate the purposes\nof this subdivision.\n * 43. To pass a resolution, in the discretion of the board of such\ndistrict, authorizing the entering of an agreement with a county, city,\nvillage or town within such district, for the installation and use of\nschool bus photo violation monitoring systems pursuant to section eleven\nhundred seventy-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 44. To establish a charitable fund, by resolution of the trustees, to\nreceive unrestricted charitable monetary donations made to such fund for\nuse by the district for public educational purposes. The monies of such\ncharitable fund shall be deposited and secured in the manner provided by\nsection ten of the general municipal law. The monies of such charitable\nfund may be invested in the manner provided by section eleven of the\ngeneral municipal law. Any interest earned or capital gain realized on\nthe money so invested shall accrue to and become part of such fund. At\nsuch time and in such amounts as determined by the trustees, the monies\nof such charitable fund shall be transferred to the school district's\ngeneral fund for expenditure consistent with the charitable purposes of\nthe fund, provided that the amount of taxes to be levied by the school\ndistrict for any school year shall be determined without regard to any\nsuch transfer. The school district shall maintain an accounting of all\nsuch deposits, interest or capital gain, transfers, and expenditures.\n Any expenditure made or liability incurred in pursuance of this\nsection shall be a charge upon the district.\n