N.Y. Education Law § 2503: Powers and duties of board of education

§ 2503. Powers and duties of board of education. Subject to the

provisions of this chapter, the board of education:

1. Shall perform any duty imposed upon or exercise any power granted

to boards of education of city school districts or union free school

districts or trustees of common school districts under this chapter or

other statutes, or the rules of the regents and regulations of the

commissioner of education so far as they may be applicable to the school

or other educational affairs of a city school district, and not

inconsistent with the provisions of this article.

2. Shall prescribe such regulations and by-laws as may be necessary to

make effectual the provisions of this chapter and for the conduct of the

proceedings of said board and the transaction of its business affairs,

for the general management, operation, control, maintenance and

discipline of the schools, and of all other educational, social or

recreational activities and other interests under its charge or

direction.

3. Shall 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.

4. a. Shall establish and maintain such free elementary schools, high

schools, training schools, vocational and industrial schools, technical

schools, night schools, part-time schools, vacation schools, schools for

adults, schools for physically or mentally handicapped or delinquent

children or such other schools or classes as such board shall deem

necessary to meet the needs and demands of the city.

b. May maintain public libraries pursuant to section two hundred

fifty-five of this chapter, or may contract with any public library or

any free association library registered by the regents pursuant to

section two hundred fifty-six thereof; may organize and maintain public

lecture courses; and shall establish and equip such playgrounds,

recreation centers and social centers as the board from time to time

shall deem proper.

c. Shall authorize the general courses of study which shall be given

in the schools and shall approve the content of such courses before they

become operative.

d. Shall authorize and determine the textbooks to be used in the

schools under its jurisdiction; and shall regulate the admission of

pupils and their transfer from one class, or grade to another as their

scholarship shall warrant; and shall determine the school where each

pupil shall attend.

5. Shall create, abolish, maintain and consolidate such positions,

divisions, boards or bureaus as, in its judgment, may be necessary for

the proper and efficient administration of its work; shall appoint

properly qualified persons to fill such positions, including a

superintendent of schools, such associate, assistant and other

superintendents, directors, supervisors, principals, teachers,

lecturers, special instructors, medical inspectors, nurses, claims

auditors, deputy claims auditors, attendance officers, secretaries,

clerks, custodians, janitors and other employees and other persons or

experts in educational, social or recreational work or in the business

management or direction of its affairs as said board shall determine

necessary for the efficient management of the schools and other

educational, social, recreational and business activities; and shall

determine their duties except as otherwise provided herein.

6. Shall have the care, custody, control, safekeeping and maintenance

of all school property or other property used for educational, social or

recreational work of the district, and shall prescribe rules and

regulations for the preservation of such property. This subdivision

shall not apply to property used for social or recreational programs of

municipalities not established or maintained exclusively for educational

purposes.

7. Shall purchase and furnish such apparatus, maps, globes, books,

furniture and other equipment and supplies as may be necessary for the

proper and efficient management of the schools and other educational,

social and recreational activities and interests under its management

and control; and may, without authorization by the voters, provide

textbooks or other supplies to all the children attending the schools of

such city school district.

7-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.

8. Shall lease, for such term as may be necessary, and equip property

when necessary for the purpose of furnishing school accommodations for

the schools of the district and may enter into leases or lease-purchase

agreements under the same terms and conditions as may boards of

education of union free school districts. To be eligible for aid

pursuant to subdivision six of section thirty-six hundred two of this

chapter, any such lease or lease-purchase agreement shall be approved by

the commissioner prior to execution; the leased space shall meet

requirements for access by individuals with disabilities to both

facilities and programs, as defined in regulations of the commissioner;

the requirements set forth in paragraphs a, b, c, d and f of subdivision

one of section four hundred three-b of this chapter shall be met; in the

case of a lease-purchase agreement the requirements of section one

hundred three-b of the general municipal law shall be met; and the

leased space shall be used to house programs for pupils in grades

prekindergarten through twelve, other than programs funded pursuant to

section forty-four hundred ten of this chapter, with minimal associated

administrative and support services space as approved by the

commissioner.

9. a. Shall promote the best interests of the schools and other

activities committed to its care, and shall authorize, or in its

discretion conduct, and maintain such extra classroom activities,

including the operation of cafeterias or restaurant service for use by

pupils and teachers, as the board, from time to time, shall deem proper.

Such cafeterias or restaurant service 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,

and shall be subject to voter approval unless the cafeteria or

restaurant service was operated during the preceding school year and

requires no tax levy. Charges shall be sufficient to meet the direct

cost of preparing and serving such meals, reducible by available

reimbursements.

b. For the purposes of this section, a general organization of

students of a school conducted under the rules and regulations of the

board of education or with its approval, and engaged in extra classroom

activities other than the operation of a cafeteria or restaurant service

shall be known as a student organization. Moneys received or derived

from carrying on such extra classroom activity shall be subject to the

use and disposition of such student organization under rules and

regulations prescribed by the board of education, which rules and

regulations may require the deposit of such moneys with an official

designated therein.

10. May compensate, in its discretion, teachers and other employees

for loss of personal property but shall 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.

10-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.

10-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.

11. Shall 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.

12. Shall provide by contract or otherwise for the transportation of

children to and from any school or institution of learning whenever in

its judgment such transportation is required because of the remoteness

of the school to the pupil or for the promotion of the best interests of

such children; and, in the case of an enlarged city school district,

shall provide such transportation to children residing outside the city

limits and may, in its discretion, provide transportation for children

residing within the city limits. Any such contract may be made for a

period of not exceeding five years, notwithstanding any provision of any

charter or other provision of law inconsistent herewith. Provided that

the cost of such transportation:

a. to and from schools within the school district for distances

greater than two or three miles, as applicable, and to and from schools

outside the district within the mileage limitations prescribed in

paragraph a of subdivision one of section thirty-six hundred thirty-five

of this chapter shall always be an ordinary contingent expense, and

b. for distances less than two or three miles, as applicable, or for

greater than fifteen miles to and from schools outside the district

shall be an ordinary contingent expense if: (i) such transportation was

provided during the preceding school year and the qualified voters have

not passed a special proposition constricting the mileage limitations

for the current school year from those in effect in the prior year, or

(ii) the qualified voters have passed a special proposition expanding

the mileage limitations in effect in the prior year.

12-a. May lease a motor vehicle or vehicles for the transportation of

children of the district under the same terms and conditions as the

board of education of a union free school district.

13. Shall provide, outside the territorial limits of the city school

district but within the state, for the education of children resident

within the city school district whenever in the judgment of the board of

education, approved by the commissioner of education, the health or

welfare of such children makes such provision necessary or desirable.

The average daily attendance of such pupils shall be included in the

average daily attendance of such district as certified to the

commissioner in the report of the board of education

14. Shall call special district meetings of the qualified voters of

the district, whenever it shall deem it necessary and proper, except as

otherwise provided in section twenty-six hundred one-a of this chapter;

shall give notice of special or annual elections; and shall submit

propositions to the voters at such special or annual meetings.

15. Shall appoint and compensate a school district clerk, who shall

also be the clerk of the board of education, and a school district

treasurer, who shall hold their respective offices during the pleasure

of the board. It shall be the duty of the school district treasurer to

maintain detailed accounting records showing the status of each

appropriation, provided however that the board of education may delegate

such duty to an employee designated for such purpose. No city officer

shall be appointed to any such office, unless the common council or

other legislative body of the city shall give its consent thereto in

writing.

16. Shall have power to contract with the city, subject to the

approval of the commissioner of education in all cases where such use,

according to a rule established by such commissioner, might affect the

educational program, for the use of agencies, employees and facilities

of the city, paying to the city its agreed proportion of the

compensation or costs but no agreement therefor shall be made for a

period longer than five years.

Notwithstanding the foregoing provisions, a city school district which

employs the facilities and services of the civil service commission of

the city in which it is located in whole or in part shall pay a

fractional part of the actual annual expenditures for such civil service

commission on or before the first day of November in each year. The

numerator of such fraction shall be the number of classified civil

service employees of the city school district multiplied by the amount

of expenditures for such commission during the city's previous fiscal

year, and the denominator shall be the total of the number of classified

civil service employees of the city and the city school district. For

the purpose of making such computation the numbers of classified civil

service employees as shall appear on the payrolls of the city and the

city school district for the final payroll period in December of the

preceding year shall be used.

17. 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.

18. 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.

19. 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.

20. 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.

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

district, authorizing the entering of an agreement with the city 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