N.Y. Education Law § 1604: Powers and duties of trustees

§ 1604. Powers and duties of trustees. It shall be the duty of the

trustees of a common school district, and they shall have the power:

1. To call special meetings of the inhabitants of such district

whenever they shall deem it necessary and proper.

2. To give notice of special, annual and adjourned meetings in the

manner prescribed in this chapter, if there be no clerk of the district,

or he be absent or incapable of acting, or shall refuse to act.

3. To make out a tax-list of every district tax voted by a district

meeting, or authorized by law, which shall contain the names of all the

taxable inhabitants residing in the district at the time of making out

the list, and the amount of tax payable by each inhabitant, as directed

in article seventy-one of this chapter.

4. To purchase or lease such schoolhouse sites and other grounds to be

used for playgrounds, or for agriculture, athletic center and social

center purposes, and to purchase or build such schoolhouses, as a

district meeting may authorize; to hire temporarily such rooms or

buildings as may be necessary for school purposes; and to purchase such

implements, supplies and apparatus as may be necessary to provide

instruction in agriculture, or to equip and maintain play-grounds, and

to conduct athletic and social center activities in the district, when

authorized by a vote of a district meeting.

5. To have the custody and safe-keeping of the district schoolhouses,

their sites and appurtenances.

6. To insure the school buildings, furniture and school apparatus in

an insurance company created by or under the laws of this state, or in

an insurance company authorized by law to transact business in this

state, and to comply with the conditions of the policy, and raise by a

district tax the amount required to pay the premiums thereon.

7. To insure the school library in such a company in a sum fixed by a

district meeting, and to raise the premium by a district tax, and comply

with the conditions of the policy.

7-a. In their 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 by district tax the amount

required to pay the premiums thereon.

7-b. In their 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. To appoint and enter into contract with a superintendent of schools

as provided in, and consistent with, section seventeen hundred eleven of

this chapter, and to employ in accordance with, and subject to, the

provisions of section three thousand twelve of this chapter as many

legally qualified teachers as the schools of the district require; to

determine the rate of compensation of each teacher and to determine the

terms of school to be held during each school year, and to employ

persons to supervise, organize, conduct and maintain athletic,

playground and social center activities when they are authorized by a

vote of a district meeting as provided by law. 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

additional duties.

9. To establish rules for the government and discipline of the schools

of the district.

10. To prescribe the course of studies to be pursued in such schools.

Provisions shall be made for instructing pupils in all schools supported

by public money, or under state control, in all subjects in which such

instruction is required to be given under the provisions of article

seventeen of this chapter.

11. To pay the schools moneys apportioned to the district by giving

orders on the county treasurer, or on the collector or treasurer of such

district when duly qualified to receive and disburse the same.

12. To collect by district tax an amount sufficient to maintain school

in the district for the current school year, including any judgment

rendered against the district, after deducting from the aggregate amount

required for this purpose the amount of school moneys in the hands of

the county treasurer, collector or treasurer of the district and to pay

the same by written orders on such district collector or treasurer.

13. To draw upon the county treasurer, the collector or treasurer of

the district, when duly qualified to receive and disburse the same, for

the school moneys, by written orders signed by the sole trustee, or

where there are three trustees, signed by a majority of said trustees;

provided, however, that in common school districts employing ten or more

teachers and having a treasurer and a board of three trustees, by

resolution duly adopted, the board may authorize one voucher-order check

to be drawn in the total amount of a duly certified payroll for the

salaries of regularly appointed employees and officers legally entitled

to be compensated for their services; the proceeds of such voucher-order

payroll check shall be credited to a payroll account from which checks

shall be signed only by the treasurer of the district and drawn payable

to individual employees or officers legally entitled to be compensated

for services.

14. To keep each of the schoolhouses under their charge, and its

furniture, school apparatus and appurtenances, in necessary and proper

repair, and make the same reasonably comfortable for use, but shall not

expend therefor without vote of the district an amount to exceed one

hundred dollars in any one year.

15. To make any repairs and abate any nuisances, pursuant to the

direction of the district superintendent as herein provided, and provide

fuel, stoves or other heating apparatus, pails, brooms and other

implements necessary to keep the schoolhouses and the schoolrooms clean,

and make them reasonably comfortable for use, when no provision has been

made therefor by a vote of the district, or the sum voted by the

district for said purposes shall have proved insufficient.

16. To provide for all janitorial work in and about the school

buildings, and pay reasonable compensation therefor.

17. To provide bound blank-books for the entering of their accounts,

the records of the district and the proceedings of district and trustee

meetings, and a list of the movable property of the district and they

shall deliver such books to their successors in office.

18. To expend in the purchase of a dictionary, books, reproductions of

standard works of art, maps, globes or other school apparatus, including

implements, apparatus and supplies for instruction in agriculture, or

for conducting athletic playgrounds and social center activities, a sum

not exceeding fifty dollars in any one year, without a vote of the

district.

19. To establish temporary or branch schools in such places in the

district as shall best accommodate the children, and to hire rooms or

buildings therefor and to fit up and furnish such rooms or buildings in

a suitable manner for conducting school therein when it is shown:

a. That any considerable number of the children residing in a portion

of the district are so remote from the schoolhouse as to render it

difficult for them to attend school in such schoolhouse in inclement

weather, or

b. That the schoolhouse is overcrowded and proper accommodations are

not afforded all the children of the district, or

c. That for any other sufficient reason suitable and proper school

facilities are not provided by the existing school accommodations.

20. 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 mentally 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.

21. 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.

Such motor vehicle or vehicles may be leased to another school district

when not needed for such transportation. Likewise when not so needed

such motor vehicle or vehicles may be leased to a school district or a

municipality as defined in section two of chapter five hundred fifty-six

of the laws of nineteen hundred forty-five, for the purpose of

transporting children and instructors in connection with (a) a

recreation project or a youth service project operated by one or more

municipalities or by a school district, if such project is authorized

and approved by the state youth commission, or (b) a youth bureau or

agency or activity or project of a county, town, city or village 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 (c) 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 or villages, 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. 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.

21-a. To lease a motor vehicle or vehicles to be used for the

transportation of the children of the district from a school district,

board of cooperative educational services or county vocational education

and extension board or from any other source, under the conditions

specified in this subdivision. 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, or eight

years for the lease of zero-emission school buses as defined in section

thirty-six hundred thirty-eight of this chapter. Where the trustee or

board of trustees enter into a lease of a motor vehicle or vehicles

pursuant to this subdivision for a term of one school year or less, such

trustee or board shall not be authorized to enter into another lease for

the same or an equivalent replacement vehicle or vehicles, as determined

by the commissioner, without obtaining approval of the qualified voters

of the school district.

21-b. a. The trustees are 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,

transportation during the day to and from school and a special education

program or service or a program at a board of cooperative educational

services or an approved shared program at another school district,

transportation for field trips or to and from extracurricular

activities, and cooperative school bus maintenance.

b. The trustees are authorized to enter into a contract with another

school district, a county, municipality, or the state office of children

and family services to provide transportation for children, including

contracts to provide such transportation as regional transportation

services, 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.

22. To pay any judgment levied against the 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.

23. 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, 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 trustees may establish, consistent with the

regulations of the commissioner of education. 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.

24. 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.

25. 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.

26. To establish a petty cash fund for the use of the principal,

teacher or clerk of the school district 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 and the method of handling same shall be in accordance

with regulations established by the commissioner of education.

27. To reimburse members of the teaching and supervising staff for

expenses actually and necessarily incurred in the performance of their

official duties and to make such rules and regulations in relation

thereto as they shall deem necessary and proper. Such rules and

regulations may include the establishment of a mileage rate for the use

of personally owned cars for such purpose in lieu of auditing and

allowing claims for actual and necessary expenses of travel.

28. To provide, maintain and operate a cafeteria or restaurant service

for the use of pupils and teachers while in school and for the use 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.

29. 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.

29-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 trustee or

board of trustees 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.

30. 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.

31. 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.

31-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.

31-b. In their 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.

32. 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.

33. In his discretion to contract with a social services district

pursuant to subdivision three of section four hundred ten of the social

services law to furnish day care for children on behalf of the social

services district.

34. To appoint a district clerk, and a district treasurer, where such

office is not filled by election pursuant to section two thousand

twenty-one of this chapter, to serve the district during each school

year, or until a successor is appointed.

35. a. In their 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 trustees. In its

discretion, the trustees may adopt a resolution establishing the office

of deputy claims auditor who shall act as claims auditor in the absence

of the claims auditor. Such claims auditor shall report directly to the

trustees. No person shall be eligible for appointment to the office of

claims auditor or deputy claims auditor who shall also be:

(1) a trustee of the school district;

(2) the clerk or treasurer of the school district;

(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 or deputy claims auditor shall not be required

to be a resident of the district, and the positions of claims auditor

and deputy claims auditor shall be classified in the exempt class of the

civil service. The trustees, at any time after the establishment of the

office of claims auditor or deputy 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 trustees with respect to claims auditing,

and 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.

The trustees shall be permitted to delegate the claims audit function to

one or more independent entities 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.

c. When the trustees delegate the claims audit function using an

inter-municipal cooperative agreement, shared service authorized by

section nineteen hundred fifty of this title, or an independent

contractor, the trustees shall be responsible for auditing all claims

for services from the entity providing the delegated claims auditor,

either directly or through a delegation to a different independent

entity.

36. 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 such

lesser 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 sixteen hundred four-a of this article.

37. In their discretion and in compliance with rules and regulations

of the commissioner promulgated pursuant to section one hundred one-a of

this chapter, to give written notice to the family court pursuant to

subdivision four of section seven hundred fifty-eight-a and subdivision

four of section 353.6 of the family court act of the desire of the

school district to act in the supervision of certain juveniles while

performing services for the public good.

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 trustees 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 trustees 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 trustees 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. An

unforeseen 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 trustees find

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.

40. Shall upon commencement and termination of employment of an

employee by the 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 the 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 trustee or board of trustees 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.

* 43. To pass a resolution, in the discretion of the board of such

district, authorizing the entering of an agreement with a county, city,

village or town within such district, for the installation and use of

school bus photo violation monitoring systems pursuant to section eleven

hundred seventy-four-a of the vehicle and traffic law, provided that the

purchase, lease, installation, operation and maintenance, or any other

costs associated with such cameras shall not be considered an aidable

expense pursuant to section thirty-six hundred twenty-three-a of this

chapter.

* NB Repealed December 1, 2029

44. To establish a charitable fund, by resolution of the trustees, to

receive unrestricted charitable monetary donations made to such fund for

use by the district for public educational purposes. The monies of such

charitable fund shall be deposited and secured in the manner provided by

section ten of the general municipal law. The monies of such charitable

fund may be invested in the manner provided by section eleven of the

general municipal law. Any interest earned or capital gain realized on

the money so invested shall accrue to and become part of such fund. At

such time and in such amounts as determined by the trustees, the monies

of such charitable fund shall be transferred to the school district's

general fund for expenditure consistent with the charitable purposes of

the fund, provided that the amount of taxes to be levied by the school

district for any school year shall be determined without regard to any

such transfer. The school district shall maintain an accounting of all

such deposits, interest or capital gain, transfers, and expenditures.

Any expenditure made or liability incurred in pursuance of this

section shall be a charge upon the district.