§ 1709 — Powers and duties of boards of education

New York § 1709

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 35: Union Free School Districts

Text

§ 1709. Powers and duties of boards of education. The said board of\neducation of every union free school district shall have power, and it\nshall be its duty:\n 1. To adopt such by-laws and rules for its government as shall seem\nproper in the discharge of the duties required under the provisions of\nthis chapter.\n 2. To establish such rules and regulations concerning the order and\ndiscipline of the schools, in the several departments thereof, as they\nmay deem necessary to secure the best educational results.\n 3. To prescribe the course of study by which the pupils of the schools\nshall be graded and classified, and to regulate the admission of pupils\nand their transfer from one class or department to another, as their\nscholarship shall warrant.\n 4. 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 4-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 5. To make provision for the instruction of pupils in all subjects in\nwhich such instruction is required to be given under the provisions of\narticle seventeen of this chapter.\n 6. To purchase sites, or additions thereto, for recreation grounds,\nfor agricultural education purposes, and for schoolhouses for the\ndistrict, when designated by a meeting of the district; and to construct\nsuch schoolhouses and other structures and additions thereto as may be\nso designated; and to operate the facilities provided and to market any\nsurplus of farm products that might be so raised and as may be so\ndesignated; to purchase furniture and apparatus for such schoolhouses,\nand to keep the furniture and apparatus therein in repair; and, when\nauthorized by such meeting, to purchase implements, supplies, and\napparatus for agricultural, athletic, playground, and social center\npurposes.\n 7. To lease, on a temporary basis, necessary space not located on\nschool property, when the facilities of the district are overcrowded or\ndamaged or destroyed, and to furnish and equip such space for school\ndistrict use. The use of such space shall be subject to annual approval\nby the commissioner.\n 8. To insure the schoolhouses and their furniture, apparatus and\nappurtenances, and the school library, in some insurance company created\nby or under the laws of this state, or in some insurance company\nauthorized by law to transact business in this state, and to comply with\nthe conditions of the policy, and raise the sums required for premiums\nby district tax; provided, however, that the members of the board shall\nnot be personally liable for any claim arising out of the use or\ncondition of the aforementioned property if the board, after due\ndiligence, is unable to obtain such insurance.\n 8-a. In its 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 the sums required for premiums\nby district tax.\n 8-b. In its 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-c. To establish and maintain a program of reserves not to exceed\nthree per centum, exclusive of any planned balance presently authorized,\nof the annual budget of the district to cover property loss and\nliability claims. In the event that three per centum, exclusive of any\nplanned balance presently authorized, of the annual budget of the\ndistrict would result in less than fifteen thousand dollars, the total\nreserve funds may be for an amount not to exceed fifteen thousand\ndollars. Separate funds shall be established for property loss and for\nliability claims and the separate identity of each fund shall be\nmaintained whether its assets consist of cash or investments or both.\nThe moneys in such funds shall be accounted for separate and apart from\nall other funds of the school district, in the same manner as provided\nin subdivision ten of section six-c of the general municipal law. Such\nmoneys may be invested in accordance with section seventeen hundred\ntwenty-three-a of this chapter. Any interest earned or capital gain\nrealized on the moneys so deposited shall accrue and become part of such\nfunds. Such reserve funds shall not be reduced to amounts less than the\ntotal of the amounts estimated to be necessary to cover incurred but\nunsettled claims or suits including expenses in connection therewith\nother than by payments for losses for which such amounts were\nestablished. Payments from such reserve funds shall not be made for\npurposes other than those for which such funds were established without\nauthorizations by vote of the electors of the district, except that such\nboard may authorize use of such funds other than amounts allocated for\nunsettled claims or suits including expenses in connection therewith to\npay premiums for insurance policies purchased to insure subsequent\nlosses in areas previously self-insured, in the event of dissolution of\nthe self-insurance plan.\n 9. To take charge and possession of the schoolhouses, sites, lots,\nfurniture, books, apparatus, and all school property within its\ndistrict; and the title of the same shall be vested respectively in said\nboard of education.\n 10. To alter and equip for use as a public library any former\nschoolhouse or part thereof, the title to which is vested in the board,\nwhen duly authorized by the qualified voters of the school district.\n 11. To sell, when authorized by a vote of the qualified voters of the\nschool district, any former school site or lot, or any real estate the\ntitle to which is vested in the board, and the buildings thereon, and\nappurtenances or any part thereof, at such price and upon such terms as\nsaid voters shall prescribe, and to convey the same by deed to be\nexecuted by the board or a majority of the members thereof. Also to\nexchange real estate belonging to the district for the purpose of\nimproving or changing schoolhouse sites. All deeds or other conveyances\nof real property heretofore made and delivered, executed by said board\nof education by its officers, or in the manner in which deeds are\nexecuted by corporations, or executed in any other manner, shall be as\nvalid and of the same force and effect as if executed by said board of\neducation or a majority of the members thereof; but this provision shall\nnot affect any action or proceeding pending at the time of the taking\neffect hereof.\n 12. To take and hold for the use of the said schools or of any\ndepartment of the same, any real estate transferred to it by gift,\ngrant, bequest or devise, or any gift, legacy or annuity, of whatever\nkind, given or bequeathed to the said board, and apply the same, or the\ninterest or proceeds thereof, according to the instructions of the donor\nor testator.\n 12-a. To take and hold in trust for the purpose of awarding\nscholarships in said schools any real estate transferred to it by gift,\ngrant, bequest or devise, or any gift, legacy or annuity, of whatever\nkind, given or bequeathed to said board and apply the same, or the\ninterest or proceeds thereof, according to the instructions of the donor\nor testator.\n 12-b. To establish a charitable fund, by resolution of the board, 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 board, the monies of\nsuch 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 13. To have in all respects the superintendence, management and\ncontrol of said union free schools, and to establish therein, in\nconformity with the regents rules, an academic department, whenever in\ntheir judgment the same is warranted by the demand for such instruction;\nto receive into said union free schools any pupils residing out of said\ndistrict, and to regulate and establish the tuition fees of such\nnonresident pupils in the several departments of said schools.\n 14. To provide fuel, furniture, apparatus and other necessaries for\nthe use of said schools.\n 15. To appoint such librarians as they may from time to time deem\nnecessary.\n 16. To contract with and employ such persons as by the provisions of\nthis chapter are qualified teachers, to determine the number of teachers\nto be employed in the several departments of instruction in said school,\nand at the time of such employment, to make and deliver to each teacher\na written contract as required by section three thousand eleven of this\nchapter, except as otherwise provided by sections three thousand twelve\nand three thousand thirteen; and employ such persons as may be necessary\nto supervise, organize, conduct and maintain athletic, playground and\nsocial center activities, or for any one or more of such purposes; and\nto adopt rules and regulations governing the excusing of absences of all\nteachers and other employees and for the granting of leaves of absence\nto such employees either with or without pay. 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\npurposes.\n 17. To fill any vacancy which may occur in said board by reason of the\ndeath, resignation, removal from office or from the school district, or\nrefusal to serve, of any member or officer of said board; and the person\nso appointed in the place of any such member of the board shall hold his\noffice until the next regular school district election. The person\nelected to fill such vacancy shall take office immediately upon filing\nof his official oath of office with the district clerk.\n 18. To remove any member of their board for official misconduct. But a\nwritten copy of all charges made of such misconduct shall be served upon\nhim at least ten days before the time appointed for a hearing of the\nsame; and he shall be allowed a full and fair opportunity to refute such\ncharges before removal.\n 19. To provide and maintain suitable and convenient waterclosets as\nprovided in section four hundred eleven of this chapter.\n 20. To raise by tax upon the property of the district any moneys\nrequired to pay the salary of teachers employed.\n 20-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 such board of education. In\nits discretion, the board of education may adopt a resolution\nestablishing the office of deputy claims auditor who shall act as claims\nauditor in the absence of the claims auditor. Such claims auditor shall\nreport directly to the board of education. No person shall be eligible\nfor appointment to the office of claims auditor or deputy claims auditor\nwho shall also be:\n (1) a member of the board of education;\n (2) the 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. Such claims auditor or deputy claims auditor shall not be required\nto be a resident of the district, and such position shall be classified\nin the exempt class of the civil service. Such board of education, at\nany time after the establishment of the office of claims auditor or\ndeputy claims auditor, may adopt a resolution abolishing such office,\nwhereupon such office shall be abolished. When the office of claims\nauditor shall have been established and a claims auditor shall have been\nappointed and shall have qualified, the powers and duties of the board\nof education with respect to claims auditing, allowing or rejecting all\naccounts, charges, claims or demands against the school district shall\ndevolve upon and thereafter be exercised by such claims auditor, during\nthe continuance of such office. A board shall be permitted to delegate\nthe claims audit function to one or more independent entities by using\n(1) inter-municipal cooperative agreements, (2) shared services to the\nextent authorized by section nineteen hundred fifty of this title, or\n(3) 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 21. 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 22. To provide, purchase, lease, furnish and maintain buildings or\nother suitable accommodations for the use of teachers or other employees\nof the district when duly authorized by a meeting of the district and to\nraise by tax upon the taxable property of the district and moneys\nnecessary for such purposes; and also to provide, maintain and operate a\ncafeteria or restaurant service for the use of pupils and teachers while\nat school. Such cafeteria may be used by the community for school\nrelated functions and activities and to furnish meals to the elderly\nresidents, sixty years of age or older, of the district. Such\nutilization shall be subject to the approval of the board of education.\nCharges shall be sufficient to meet the direct cost of preparing and\nserving such meals, reducible by available reimbursements.\n 23. To provide milk for pupils within the limitations of an\nappropriation made therefor.\n 24. 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 mentallly 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 25. a. 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.\nAny replacement of a motor vehicle or vehicles, necessitated by damage\nto or loss of such vehicles, owned by the school district and used for\nthe transportation of pupils residing within the district, may be\npurchased by the board of education without voter approval, using any\nunencumbered funds in the general fund or by the issuance of budget\nnotes in accordance with section 29.00 of the local finance law, in\naddition to any available insurance proceeds.\n b. Such motor vehicle or vehicles may be leased to another school\ndistrict or to a board of cooperative educational services or to a\ncounty vocational education and extension board or to an Indian tribe\nfor educational purposes when not needed for such transportation.\n c. Likewise when not so needed such motor vehicle or vehicles may be\nleased to a school district or an Indian tribe, for the purpose of\ntransporting children and instructors in connection with (1) a\nrecreation project or a youth service project operated by a school\ndistrict or by an Indian tribe, if such project is authorized and\napproved by the state youth commission, or (2) a youth bureau or agency\nor activity or project of a county, town, city, village or an Indian\ntribe which is devoted to the welfare of youth therein or to providing\nleisure-time activities for youth or assistance to children, as\nauthorized in section ninety-five of the general municipal law, or (3)\none or more playgrounds and neighborhood recreation centers operated and\nmaintained by one or more cities except New York, Buffalo and Rochester,\ncounties except Erie and the counties within the city of New York,\ntowns, villages, or Indian tribes, whether or not any school board or\ndistrict joins in such operating and maintaining, as authorized in\nsection two hundred forty-four-b of the general municipal law.\n d. The board of education may lease such motor vehicle or vehicles\nfrom a board of cooperative educational services or from a county\nvocational education and extension board.\n e. Under emergency conditions, as determined by the commissioner, the\nboard of education may lease such vehicle or vehicles from sources other\nthan a school district, board of cooperative educational services or\ncounty vocational education and extension board.\n f. In any case when such motor vehicle shall be leased as provided in\nthis subdivision, public liability and property damage insurance, fire\ninsurance and compensation insurance of drivers shall be provided and\ncollision insurance shall be provided in the amount of the value of the\nvehicle, to protect the lessor. The additional cost of such insurance\nshall be paid by the lessee. No part of the costs and expenses resulting\nfrom operation, maintenance and repair of such vehicles during the\nleasing thereof shall be included in determining the amount of any form\nof state aid received by such school district.\n g. The board of education is 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 h. The board of education is authorized to enter into a contract with\nanother school district, a county, municipality, or the state office of\nchildren and family services to provide transportation for children,\nincluding contracts to provide such transportation as regional\ntransportation services, provided that the contract cost is appropriate.\nIn determining the appropriate transportation contract cost, the\ntransportation service provider school district shall use a calculation\nconsistent with regulations adopted by the commissioner for the purpose\nof assuring that charges reflect the true costs that would be incurred\nby a prudent person in the conduct of a competitive transportation\nbusiness.\n i. In addition to the authority granted in paragraph e of this\nsubdivision, the board of education shall be authorized to lease a motor\nvehicle or vehicles to be used for the transportation of the children of\nthe district from sources other than a school district, board of\ncooperative educational services or county vocational education and\nextension board under the conditions specified in this paragraph. No\nsuch agreement for the lease of a motor vehicle or vehicles shall be for\na term of more than one school year, provided that when authorized by a\nvote of the qualified voters of the district such lease may have a term\nof up to five years, or eight years for the lease of zero-emission\nschool buses as defined in section thirty-six hundred thirty-eight of\nthis chapter. Where the board of education enters a lease of a motor\nvehicle or vehicles pursuant to this paragraph for a term of one school\nyear or less, such board shall not be authorized to enter into another\nlease of the same or an equivalent replacement vehicle or vehicles, as\ndetermined by the commissioner, without obtaining approval of the\nvoters.\n 26. To pay any judgment levied against the school district and in the\nevent there are no moneys otherwise available, to levy a tax upon the\ntaxable property of the district to pay the same.\n 27. 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 of this chapter, by vote of the inhabitants of the district\nentitled to vote, or to contract for the operation, maintenance and\ngaraging of motor vehicles owned by the district, in accordance with\nsuch rules and regulations as such board of education may establish,\nconsistent with the regulations of the commissioner. Upon authorization\nby a school district meeting, every such contract of transportation may\nbe made for a period not exceeding five years, notwithstanding any\nprovision of any other law inconsistent herewith.\n 28. 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 29. To establish a petty cash fund for the use of such school district\nofficers and employees as may be designated by the board of education\nfor the payment, in advance of authorization, of properly itemized bills\nfor materials, supplies or services furnished to the school district\nunder conditions calling for immediate payment to the vendor upon\ndelivery of any such materials or supplies or the rendering of any such\nservices. The amount of such a petty cash fund, the method of handling\nsame and the officers and employees eligible to use such fund shall be\nin accordance with regulations established by the commissioner.\n * 30. 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 * NB There are 2 sub 30's\n * 30. To reimburse candidates for teaching positions for actual travel\nand other necessary expenses incurred by them in appearing for purposes\nof interview or observation with respect to such positions, when such\nappearance is made upon the request of any authorized representative of\nthe board and when such reimbursement is deemed appropriate and proper\nby the board, in its discretion, to aid in the obtaining of qualified\npersons for such positions.\n * NB There are 2 sub 30's\n 31. To explore, develop and produce natural gas solely for school\ndistrict purposes in accordance with section three hundred sixty-eight\nof the general municipal law.\n 32. To provide, in its discretion, in-service training for its\nteachers.\n 33. 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 34. 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 34-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 34-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 35. 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 37. 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 seventeen hundred twenty-three-a of this\narticle.\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 board of education may determine,\nsubject to whatever 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 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 40. 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 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 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 board of education are hereby authorized and\nempowered to perform any and all acts and to enter into any and all\nagreements necessary or desirable to effectuate the purposes of this\nsubdivision.\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