1709 - Powers and duties of boards of education.
§ 1709. Powers and duties of boards of education. The said board of education of every union free school district shall have power, and it shall be its duty: 1. To adopt such by-laws and rules for its government as shall seem proper in the discharge of the duties required under the provisions of this chapter. 2. To establish such rules and regulations concerning the order and discipline of the schools, in the several departments thereof, as they may deem necessary to secure the best educational results. 3. To prescribe the course of study by which the pupils of the schools shall be graded and classified, and to regulate the admission of pupils and their transfer from one class or department to another, as their scholarship shall warrant. 4. To prescribe the text-books to be used in the schools, and to compel a uniformity in the use of the same, pursuant to the provisions of this chapter, and to furnish the same to pupils out of any moneys provided for that purpose. 4-a. To develop a plan to ensure that all instructional materials to be used in the schools of the district are available in a usable alternative format for each student with a disability, as defined in section forty-four hundred one of this chapter, and for each student who is a qualified individual with a disability as defined in the rehabilitation act of nineteen hundred ninety-three (29 U.S.C. 701) as amended, in accordance with his or her educational needs and course selection, at the same time as such instructional materials are available to non-disabled students. As part of such plan, the board of education shall amend its procurement policies to give a preference in the purchase of instructional materials to vendors who agree to provide materials in alternative formats. For purposes of this subdivision, "alternative format" shall mean any medium or format for the presentation of instructional materials, other than a traditional print textbook, that is needed as an accommodation for a disabled student enrolled in the school district, including but not limited to Braille, large print, open and closed captioned, audio, or an electronic file in an approved format, as defined in the regulations of the commissioner. When an electronic file is provided, the plan shall specify how the format will be accessed by students and/or how the district shall convert to an accessible format. Such plan shall identify the needs of students residing in the district for alternative format materials. Such plan shall also specify ordering timelines to ensure that alternative format materials are available at the same time as regular format materials. Such plans shall include procedures to address the need to obtain materials in alternative format without delay for disabled students who move into the school district during the school year. 5. To make provision for the instruction of pupils in all subjects in which such instruction is required to be given under the provisions of article seventeen of this chapter. 6. To purchase sites, or additions thereto, for recreation grounds, for agricultural education purposes, and for schoolhouses for the district, when designated by a meeting of the district; and to construct such schoolhouses and other structures and additions thereto as may be so designated; and to operate the facilities provided and to market any surplus of farm products that might be so raised and as may be so designated; to purchase furniture and apparatus for such schoolhouses, and to keep the furniture and apparatus therein in repair; and, when authorized by such meeting, to purchase implements, supplies, and apparatus for agricultural, athletic, playground, and social center purposes.7. To lease, on a temporary basis, necessary space not located on school property, when the facilities of the district are overcrowded or damaged or destroyed, and to furnish and equip such space for school district use. The use of such space shall be subject to annual approval by the commissioner. 8. To insure the schoolhouses and their furniture, apparatus and appurtenances, and the school library, in some insurance company created by or under the laws of this state, or in some insurance company authorized by law to transact business in this state, and to comply with the conditions of the policy, and raise the sums required for premiums by district tax; provided, however, that the members of the board shall not be personally liable for any claim arising out of the use or condition of the aforementioned property if the board, after due diligence, is unable to obtain such insurance. 8-a. In its discretion to insure pupils against damage occasioned because of accidental personal injuries sustained while participating in physical education classes, intramural and interscholastic sports activities, in such a company, and raise the sums required for premiums by district tax. 8-b. In its discretion, to purchase insurance against accidents to pupils occurring in school, on school grounds, while being transported between home and school in a school bus as defined in section thirty-six hundred twenty-one, and during sponsored trips. 8-c. To establish and maintain a program of reserves not to exceed three per centum, exclusive of any planned balance presently authorized, of the annual budget of the district to cover property loss and liability claims. In the event that three per centum, exclusive of any planned balance presently authorized, of the annual budget of the district would result in less than fifteen thousand dollars, the total reserve funds may be for an amount not to exceed fifteen thousand dollars. Separate funds shall be established for property loss and for liability claims and the separate identity of each fund shall be maintained whether its assets consist of cash or investments or both. The moneys in such funds shall be accounted for separate and apart from all other funds of the school district, in the same manner as provided in subdivision ten of section six-c of the general municipal law. Such moneys may be invested in accordance with section seventeen hundred twenty-three-a of this chapter. Any interest earned or capital gain realized on the moneys so deposited shall accrue and become part of such funds. Such reserve funds shall not be reduced to amounts less than the total of the amounts estimated to be necessary to cover incurred but unsettled claims or suits including expenses in connection therewith other than by payments for losses for which such amounts were established. Payments from such reserve funds shall not be made for purposes other than those for which such funds were established without authorizations by vote of the electors of the district, except that such board may authorize use of such funds other than amounts allocated for unsettled claims or suits including expenses in connection therewith to pay premiums for insurance policies purchased to insure subsequent losses in areas previously self-insured, in the event of dissolution of the self-insurance plan. 9. To take charge and possession of the schoolhouses, sites, lots, furniture, books, apparatus, and all school property within its district; and the title of the same shall be vested respectively in said board of education. 10. To alter and equip for use as a public library any former schoolhouse or part thereof, the title to which is vested in the board, when duly authorized by the qualified voters of the school district.11. To sell, when authorized by a vote of the qualified voters of the school district, any former school site or lot, or any real estate the title to which is vested in the board, and the buildings thereon, and appurtenances or any part thereof, at such price and upon such terms as said voters shall prescribe, and to convey the same by deed to be executed by the board or a majority of the members thereof. Also to exchange real estate belonging to the district for the purpose of improving or changing schoolhouse sites. All deeds or other conveyances of real property heretofore made and delivered, executed by said board of education by its officers, or in the manner in which deeds are executed by corporations, or executed in any other manner, shall be as valid and of the same force and effect as if executed by said board of education or a majority of the members thereof; but this provision shall not affect any action or proceeding pending at the time of the taking effect hereof. 12. To take and hold for the use of the said schools or of any department of the same, any real estate transferred to it by gift, grant, bequest or devise, or any gift, legacy or annuity, of whatever kind, given or bequeathed to the said board, and apply the same, or the interest or proceeds thereof, according to the instructions of the donor or testator. 12-a. To take and hold in trust for the purpose of awarding scholarships in said schools any real estate transferred to it by gift, grant, bequest or devise, or any gift, legacy or annuity, of whatever kind, given or bequeathed to said board and apply the same, or the interest or proceeds thereof, according to the instructions of the donor or testator. 13. To have in all respects the superintendence, management and control of said union free schools, and to establish therein, in conformity with the regents rules, an academic department, whenever in their judgment the same is warranted by the demand for such instruction; to receive into said union free schools any pupils residing out of said district, and to regulate and establish the tuition fees of such nonresident pupils in the several departments of said schools. 14. To provide fuel, furniture, apparatus and other necessaries for the use of said schools. 15. To appoint such librarians as they may from time to time deem necessary. 16. To contract with and employ such persons as by the provisions of this chapter are qualified teachers, to determine the number of teachers to be employed in the several departments of instruction in said school, and at the time of such employment, to make and deliver to each teacher a written contract as required by section three thousand eleven of this chapter, except as otherwise provided by sections three thousand twelve and three thousand thirteen; and employ such persons as may be necessary to supervise, organize, conduct and maintain athletic, playground and social center activities, or for any one or more of such purposes; and to adopt rules and regulations governing the excusing of absences of all teachers and other employees and for the granting of leaves of absence to such employees either with or without pay. The regular teachers of the school may be employed at an increased compensation or otherwise, and by separate agreement, written or oral, for one or more of such purposes. 17. To fill any vacancy which may occur in said board by reason of the death, resignation, removal from office or from the school district, or refusal to serve, of any member or officer of said board; and the person so appointed in the place of any such member of the board shall hold his office until the next regular school district election. The personelected to fill such vacancy shall take office immediately upon filing of his official oath of office with the district clerk. 18. To remove any member of their board for official misconduct. But a written copy of all charges made of such misconduct shall be served upon him at least ten days before the time appointed for a hearing of the same; and he shall be allowed a full and fair opportunity to refute such charges before removal. 19. To provide and maintain suitable and convenient waterclosets as provided in section four hundred eleven of this chapter. 20. To raise by tax upon the property of the district any moneys required to pay the salary of teachers employed. 20-a. a. In its discretion to adopt a resolution establishing the office of claims auditor and appoint a claims auditor who shall hold his or her position subject to the pleasure of such board of education. Such claims auditor shall report directly to the board of education. No person shall be eligible for appointment to the office of claims auditor who shall also be: (1) a member of the board of education; (2) the clerk or treasurer of the board of education; (3) the superintendent of schools or other official of the district responsible for business management; (4) the person designated as purchasing agent; or (5) clerical or professional personnel directly involved in accounting and purchasing functions of the school district. b. Such claims auditor shall not be required to be a resident of the district, and such position shall be classified in the exempt class of the civil service. Such board of education, at any time after the establishment of the office of claims auditor, may adopt a resolution abolishing such office, whereupon such office shall be abolished. When the office of claims auditor shall have been established and a claims auditor shall have been appointed and shall have qualified, the powers and duties of the board of education with respect to claims auditing, allowing or rejecting all accounts, charges, claims or demands against the school district shall devolve upon and thereafter be exercised by such claims auditor, during the continuance of such office. A board shall be permitted to delegate the claims audit function by using (1) inter-municipal cooperative agreements, (2) shared services to the extent authorized by section nineteen hundred fifty of this title, or (3) independent contractors, to fulfill this function. 21. To provide school health services, as defined in subdivision two of section nine hundred one of this chapter, to all children in attendance upon schools under their supervision and to pay any expense incurred therefor. 22. To provide, purchase, lease, furnish and maintain buildings or other suitable accommodations for the use of teachers or other employees of the district when duly authorized by a meeting of the district and to raise by tax upon the taxable property of the district and moneys necessary for such purposes; and also to provide, maintain and operate a cafeteria or restaurant service for the use of pupils and teachers while at school. Such cafeteria may be used by the community for school related functions and activities and to furnish meals to the elderly residents, sixty years of age or older, of the district. Such utilization shall be subject to the approval of the board of education. Charges shall be sufficient to meet the direct cost of preparing and serving such meals, reducible by available reimbursements. 23. To provide milk for pupils within the limitations of an appropriation made therefor.24. To provide transportation, home-teaching or special classes, as defined under sections forty-four hundred one and forty-four hundred two of this chapter for physically or mentallly handicapped and delinquent children. Such transportation, home-teaching or special classes, when provided pursuant to this subdivision, shall be granted to all such children irrespective of the school they legally attend. 25. a. To purchase and maintain, when authorized by a vote of the qualified voters of the school district, a motor vehicle or vehicles to be used for the transportation of the school children of the district. Any replacement of a motor vehicle or vehicles, necessitated by damage to or loss of such vehicles, owned by the school district and used for the transportation of pupils residing within the district, may be purchased by the board of education without voter approval, using any unencumbered funds in the general fund or by the issuance of budget notes in accordance with section 29.00 of the local finance law, in addition to any available insurance proceeds. b. Such motor vehicle or vehicles may be leased to another school district or to a board of cooperative educational services or to a county vocational education and extension board or to an Indian tribe for educational purposes when not needed for such transportation. c. Likewise when not so needed such motor vehicle or vehicles may be leased to a school district or an Indian tribe, for the purpose of transporting children and instructors in connection with (1) a recreation project or a youth service project operated by a school district or by an Indian tribe, if such project is authorized and approved by the state youth commission, or (2) a youth bureau or agency or activity or project of a county, town, city, village or an Indian tribe which is devoted to the welfare of youth therein or to providing leisure-time activities for youth or assistance to children, as authorized in section ninety-five of the general municipal law, or (3) one or more playgrounds and neighborhood recreation centers operated and maintained by one or more cities except New York, Buffalo and Rochester, counties except Erie and the counties within the city of New York, towns, villages, or Indian tribes, whether or not any school board or district joins in such operating and maintaining, as authorized in section two hundred forty-four-b of the general municipal law. d. The board of education may lease such motor vehicle or vehicles from a board of cooperative educational services or from a county vocational education and extension board. e. Under emergency conditions, as determined by the commissioner, the board of education may lease such vehicle or vehicles from sources other than a school district, board of cooperative educational services or county vocational education and extension board. f. In any case when such motor vehicle shall be leased as provided in this subdivision, public liability and property damage insurance, fire insurance and compensation insurance of drivers shall be provided and collision insurance shall be provided in the amount of the value of the vehicle, to protect the lessor. The additional cost of such insurance shall be paid by the lessee. No part of the costs and expenses resulting from operation, maintenance and repair of such vehicles during the leasing thereof shall be included in determining the amount of any form of state aid received by such school district. g. The board of education is authorized to provide regional transportation services by rendering such services jointly with other school districts or boards of cooperative educational services. Such services may include pupil transportation between home and school and cooperative school bus maintenance.h. The board of education is authorized to enter into a contract with another school district, a county, municipality, or the state division for youth to provide transportation for children, provided that the contract cost is appropriate. In determining the appropriate transportation contract cost, the transportation service provider school district shall use a calculation consistent with regulations adopted by the commissioner for the purpose of assuring that charges reflect the true costs that would be incurred by a prudent person in the conduct of a competitive transportation business. * i. In addition to the authority granted in paragraph e of this subdivision, the board of education shall be authorized to lease a motor vehicle or vehicles to be used for the transportation of the children of the district from sources other than a school district, board of cooperative educational services or county vocational education and extension board under the conditions specified in this paragraph. No such agreement for the lease of a motor vehicle or vehicles shall be for a term of more than one school year, provided that when authorized by a vote of the qualified voters of the district such lease may have a term of up to five years. Where the board of education enters a lease of a motor vehicle or vehicles pursuant to this paragraph for a term of one school year or less, such board shall not be authorized to enter into another lease of the same or an equivalent replacement vehicle or vehicles, as determined by the commissioner, without obtaining approval of the voters. * NB Repealed September 1, 2011 26. To pay any judgment levied against the school district and in the event there are no moneys otherwise available, to levy a tax upon the taxable property of the district to pay the same. 27. To contract with any person, corporation or other school district for the conveyance of pupils residing within the district, when authorized to do so under subdivision nineteen of section two thousand twenty-one of this chapter, by vote of the inhabitants of the district entitled to vote, or to contract for the operation, maintenance and garaging of motor vehicles owned by the district, in accordance with such rules and regulations as such board of education may establish, consistent with the regulations of the commissioner. Upon authorization by a school district meeting, every such contract of transportation may be made for a period not exceeding five years, notwithstanding any provision of any other law inconsistent herewith. 28. To furnish lighting facilities, janitorial care and supervision for highway underpasses when authorized to do so by vote of a district meeting under the provisions of subdivision twenty of section two thousand fifteen of this chapter. 29. To establish a petty cash fund for the use of such school district officers and employees as may be designated by the board of education for the payment, in advance of authorization, of properly itemized bills for materials, supplies or services furnished to the school district under conditions calling for immediate payment to the vendor upon delivery of any such materials or supplies or the rendering of any such services. The amount of such a petty cash fund, the method of handling same and the officers and employees eligible to use such fund shall be in accordance with regulations established by the commissioner. * 30. To provide, in its discretion, compensation to a speaker or speakers at commencement day exercises in such amount as may be determined by the board. * NB There are 2 sub 30's * 30. To reimburse candidates for teaching positions for actual travel and other necessary expenses incurred by them in appearing for purposesof interview or observation with respect to such positions, when such appearance is made upon the request of any authorized representative of the board and when such reimbursement is deemed appropriate and proper by the board, in its discretion, to aid in the obtaining of qualified persons for such positions. * NB There are 2 sub 30's 31. To explore, develop and produce natural gas solely for school district purposes in accordance with section three hundred sixty-eight of the general municipal law. 32. To provide, in its discretion, in-service training for its teachers. 33. To have in all respects the superintendence, management and control of the educational affairs of the district, and, therefore, shall have all the powers reasonably necessary to exercise powers granted expressly or by implication and to discharge duties imposed expressly or by implication by this chapter or other statutes. 34. To provide workmen's compensation coverage as provided in the workmen's compensation law for all teachers and other employees for injuries incurred in actual performance of duty. 34-a. In its discretion, to provide under a group insurance policy or policies issued by any insurance company or insurance companies authorized to do business in this state or under a group contract issued by one or more corporations subject to article forty-three of the insurance law, life insurance or accident and health insurance benefits or medical and surgical benefits or hospital service benefits or any two or more of such kinds of benefits to teachers and other employees of the school district who participate in a plan or plans, as hereinafter provided. The disbursing officer of the school district is authorized to deduct from the salary of such participant with his prior consent, in writing, the sums representing the participant's share of the premium or premiums which are payable by such officer to such insurance company or corporation. Such board of education is authorized to pay from such moneys as are available for the purpose, a share of the cost of such benefit or benefits in such amount as is required to be paid under such group insurance policy or policies or group contract or contracts by the board of education, as employer. The sum to be paid by the board of education under such policy or policies or contract or contracts, in the discretion of such board may be any percentage of the total cost of the benefit or benefits including the whole thereof. 34-b. In its discretion, to purchase insurance against personal injuries incurred by an authorized participant in a school volunteer program, including but not limited to, those authorized participants who assist on school buses, school sponsored transportation to and from school, or on school sponsored field trips or any other school sponsored activity; provided, however, that the injuries were incurred while the authorized participant was functioning either within the scope of his or her authorized volunteer duties or under the direction of the board of education, trustee, or board of cooperative educational services, or both. 35. In its discretion, and with the written consent of any employee, to deduct from the salary of such employee such amount as may be agreed to by such employee for payment to any credit union doing business in the state of New York as such employee may designate. Any such written authorization may be withdrawn by such employee at any time. 37. In its discretion to provide that the proceeds of the sale or appropriation of school district real property shall, after being used for any legally required purpose, be used to reduce real property taxes in such district for a period not to exceed ten school years, or suchlesser period as it may direct. Such proceeds may be invested and any interest obtained may also be used for such purpose. Such reserve fund shall be invested and reinvested pursuant to the provisions of subdivision two of section seventeen hundred twenty-three-a of this article. 38. To offer monetary rewards, in sums not to exceed one thousand dollars, to individuals for information leading to the arrest and conviction of any person or persons for felonies or misdemeanors directly connected to vandalism of district property. Such rewards may be offered on any conditions such board of education may determine, subject to whatever qualifications it may deem appropriate. * 39. a. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. b. Upon the recommendation of the superintendent, the board may conditionally appoint a prospective employee. A request for conditional clearance shall be forwarded to the commissioner along with the prospective employee's fingerprints, as required by paragraph a of this subdivision. Such appointment shall not commence until notification by the commissioner that the prospective employee has been conditionally cleared for employment and shall terminate forty-five days after such notification of conditional clearance or when the prospective employer is notified of a determination by the commissioner to grant or deny clearance, whichever occurs earlier, and may not be extended or renewed unless the commissioner issues a new conditional clearance after finding that there was good cause for failing to obtain clearance within such period, provided that if clearance is granted the appointment shall continue and the conditional status shall be removed. Prior to commencement of such conditional appointment, the prospective employer shall obtain a signed statement for conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction outside the state. c. Upon the recommendation of the superintendent, the board may make an emergency conditional appointment when an unforeseen emergency vacancy has occurred. When such appointment is made, the process for conditional appointment pursuant to paragraph b of this subdivision must also be initiated. Emergency conditional appointment may commence prior to notification from the commissioner on conditional clearance but shall terminate twenty business days from the date such appointment commences or when the prospective employer is notified by the commissioner regarding conditional clearance, whichever occurs earlier, provided that if conditional clearance is granted the appointment shall continue as a conditional appointment. Prior to the commencement of such appointment, the prospective employer must obtain a signed statement for emergency conditional appointment from the prospective employee, indicating whether, to the best of his or her knowledge, he or she has a pending criminal charge or criminal conviction in any jurisdiction. Anunforeseen emergency vacancy shall be defined as: (i) a vacancy that occurred less than ten business days before the start of any school session, including summer school, or during any school session, including summer school, without sufficient notice to allow for clearance or conditional clearance; (ii) when no other qualified person is available to fill the vacancy temporarily; and (iii) when emergency conditional appointment is necessary to maintain services which the district is legally required to provide or services necessary to protect the health, education or safety of students or staff. The provisions of subparagraph (i) of this paragraph shall not apply if the board finds that the district has been unable to fill the vacancy despite good faith efforts to fill such vacancy in a manner which would have allowed sufficient time for clearance or conditional clearance. d. Shall develop a policy for the safety of the children who have contact with an employee holding conditional appointment or emergency conditional appointment. * NB Effective until July 1, 2010 * 39. Shall require, for purposes of a criminal history record check, the fingerprinting of all prospective employees pursuant to section three thousand thirty-five of this chapter, who do not hold valid clearance pursuant to such section or pursuant to section three thousand four-b of this chapter or section five hundred nine-cc or twelve hundred twenty-nine-d of the vehicle and traffic law. Prior to initiating the fingerprinting process, the prospective employer shall furnish the applicant with the form described in paragraph (c) of subdivision thirty of section three hundred five of this chapter and shall obtain the applicant's consent to the criminal history records search. Every set of fingerprints taken pursuant to this subdivision shall be promptly submitted to the commissioner for purposes of clearance for employment. * NB Effective July 1, 2010 40. Shall upon commencement and termination of employment of an employee by the school district, provide the commissioner with the name of and position held by such employee. 41. Where the district has provided transportation to students enrolled in such district to a school sponsored field trip, extracurricular activity or any other similar event, it shall provide transportation back to either the point of departure or to the appropriate school in the district, unless the parent or legal guardian of a student participating in such event has provided the school district with written notice, consistent with district policy, authorizing an alternative form of return transportation for such student or unless intervening circumstances make such transportation impractical. In cases where intervening circumstances make transportation of a student back to the point of departure or to the appropriate school in the district impractical, a representative of the school district shall remain with the student until such student's parent or legal guardian has been (a) contacted and informed of the intervening circumstances which make such transportation impractical and (b) such student had been delivered to his or her parent or legal guardian. 42. a. To enter into a lease, sublease or other agreement with the dormitory authority providing for the financing or refinancing of all or a portion of school district capital facilities or school district capital equipment in accordance with section sixteen hundred eighty of the public authorities law and with the approval of the commissioner. Such lease, sublease, or other agreement may provide for the payment of annual or other payments to the dormitory authority, and contain such other terms and conditions as may be agreed upon by the parties thereto,including the establishment of reserve funds and indemnities. For purposes of this subdivision, school district capital equipment shall have the meaning ascribed thereto in section sixteen hundred seventy-six of the public authorities law. b. Notwithstanding any provisions of law to the contrary, the dormitory authority and the board of education are hereby authorized and empowered to perform any and all acts and to enter into any and all agreements necessary or desirable to effectuate the purposes of this subdivision.