N.Y. Education Law § 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.

12-b. To establish a charitable fund, by resolution of the board, 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 board, 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.

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 person

elected 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. In

its discretion, the board of education 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 board of education. No person shall be eligible

for appointment to the office of claims auditor or deputy 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 or deputy 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 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 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 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 board of education delegates 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 board 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.

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,

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.

h. The board of education is 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.

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, 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 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.

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 purposes

of 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 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 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. 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 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.

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.

* 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