N.Y. Education Law § 2554: Powers and duties of board of education

§ 2554. Powers and duties of board of education. * Subject to the

provisions of this chapter, the board of education in a city, except the

city board of the city of New York, shall have the power and it shall be

its duty:

* NB Effective until June 30, 2028

* Subject to the provisions of this chapter, the board of education in

a city shall have the power and it shall be its duty:

* NB Effective June 30, 2028

1. To perform any duty imposed upon boards of education or trustees of

common schools 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,

and not inconsistent with the provisions of this article, except that

the provisions of subdivision six of section sixteen hundred four and

subdivision eight of section seventeen hundred nine of this chapter

shall not be applicable to a board of education in any city having a

population of over thirty-five thousand in which the title to the school

property is vested in the city.

2. To 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; to appoint a

superintendent of schools, such associate, assistant, district and other

superintendents, examiners, directors, supervisors, principals,

teachers, lecturers, special instructors, medical inspectors, nurses,

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; provided, however, that in the city school

districts of the cities of Buffalo, Rochester, and Syracuse appointment

of associate, assistant and district superintendents, and other

supervising staff who are excluded from the right to bargain

collectively pursuant to article fourteen of the civil service law

shall, within the amounts budgeted for such positions, be by the

superintendent of such city school district; and to determine their

duties except as otherwise provided herein.

2-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 the board. In its discretion,

the board may adopt a resolution establishing one or more offices 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 be

(1) a member of the board of education;

(2) a 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. The positions of claims auditor or deputy claims auditor shall be

classified in the exempt class of civil service. The board of education,

at any time after the establishment of the office of claims auditor or

deputy claims auditor, may adopt a resolution abolishing the office.

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 auditing

accounts, charges, claims or demands against the city school district

shall devolve upon and thereafter be exercised by such claims auditor,

during the continuance of the office. The board of education shall be

permitted to delegate the claims audit function to one or more

independent entities by using (1) inter-municipal cooperative

agreements, or (2) 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.

* 3. To appoint, in a city having a population of one million or more,

notwithstanding the provisions of any local laws or charter to the

contrary, a superintendent of schools emeritus, whose duty it shall be

to consult and advise with the educational officers as and when

requested by the superintendent of schools. No person shall be eligible

for such appointment unless he shall have served in the positions of

superintendent of schools, associate superintendent and district

superintendent or assistant superintendent, and whose total period of

service in such position shall have been at least ten years in a city

having a population of one million or more. He shall receive for the

duration of his life such annual salary as the board of education and

the mayor or like financial authority shall determine at the time of his

appointment, but he shall not receive a retirement allowance or any

other benefit from the teachers' retirement system or any other pension

fund, and upon his death his beneficiaries and/or his estate shall not

be entitled to any benefits from any pension fund as a result of his

service.

* NB Repealed July 1, 2002 and revived on June 30, 2028

4. To have the care, custody, control and safekeeping of all school

property or other property of the city used for educational, social or

recreational work and not specifically placed by law under the control

of some other body or officer, and to prescribe rules and regulations

for the preservation of such property.

* 5. To dispose, in the city of New York, of such personal property

used in the schools and other buildings of the city of New York under

the charge of the board of education of such city as shall no longer be

required for use therein. Such disposition shall be made in the name of

the city of New York and for such city.

Such board may sell, at prices as may be agreed upon, such

manufactured articles or other products of any of its schools, day and

evening, as may not be utilized by the board of education and all moneys

realized by the sale thereof shall be paid into the city treasury and

shall at once be appropriated by the city to a special fund to be

administered by the board of education for such purposes as such board,

in its discretion, may determine. All other moneys realized by the sale

of personal property shall be paid into the city treasury and shall at

once be appropriated by the city to the special school fund of the board

of education for use in the borough in which the property sold was

situated.

Such method of disposal shall be deemed not to apply to the

disposition of school books pursuant to subdivision eight of this

section.

* NB Repealed July 1, 2002 and revived on June 30, 2028

6. To lease property required for the purpose of furnishing school

accommodations for schools administered by the board of education and to

prepare and execute leases therefor. To be eligible for aid pursuant to

subdivision six of section thirty-six hundred two of this chapter, any

such lease 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, except for the requirement of voter approval; 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.

7. To 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. To provide textbooks or other supplies to all the children

attending the schools of such cities in which free textbooks or other

supplies were lawfully provided prior to June eighth, nineteen hundred

seventeen.

* 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.

* NB Effective until June 30, 2028

* 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; provided that in the city school

district of the city of New York, such plan shall be developed by the

chancellor of the city district. 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.

* NB Effective June 30, 2028

* 8. To dispose of, in the city of New York, to the best advantage of

the city of New York, either by sale or on the basis of money allowance

for waste paper all books delivered to the several public schools of

such city that have been discarded either by reason of being obsolete,

no longer required by the course of study, worn by long usage or

mutilated by accident. If disposal is made by sale it shall be to the

highest bidder and the money realized shall be paid into the city

treasury and shall at once be appropriated by the city to the special

school fund of the board of education entitled "supplies". If disposal

is made on the basis of money allowance for waste paper, it shall be to

the highest bidder. Such discarded books may be disposed of without

public advertisement or entry into a formal contract. Should the

discarded books be in such condition that no sale or exchange can be

made, or should there be reason to believe that such discarded books

have become infected through disease among the pupils, or should the

superintendent of schools certify that such discarded books contain

erroneous, inaccurate, obsolete or antiquated subject matter,

illustrations, maps, charts or other material, the committee on supplies

of the board of education, if such books cannot be sold, given away or

otherwise salvaged as waste paper without danger to the public health,

may authorize their destruction by fire, in which event the

superintendent of school supplies shall obtain and file in his office a

certificate that such books have been so destroyed, signed by the

principal of the school in which the books are located.

* NB Repealed July 1, 2002 and revived on June 30, 2028

9. To establish and maintain such free elementary schools, high

schools, training schools, vocational and industrial schools,

kindergartens, nursery schools, technical schools, night schools,

part-time or continuation schools, vocation 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.

10. To establish and maintain libraries which may be open to the

public, to organize and maintain public lecture courses, and to

establish and equip playgrounds, recreation centers, social centers, and

reading rooms from such funds as the education law or other statutes

authorize and the state appropriates for such purposes, and from such

other funds as may be provided therefor from local taxation or other

sources.

11. To authorize the general courses of study which shall be given in

the schools and to approve the content of such courses before they

become operative.

12. To authorize and determine the textbooks to be used in the schools

under its jurisdiction.

13. a. To 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.

* b. In a city having a population of one million or more, the city

board shall prescribe such regulations and by-laws authorizing the

chancellor to exercise such of its administrative and ministerial powers

as the board may deem necessary to make effectual the provisions of this

chapter and for the general management, operation, control, maintenance

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

recreational activities and other interests under its charge or

direction. If in the exercise of its discretion and in order better to

discharge its policy-making and other functions and to provide for the

efficient administration of the educational system, the board delegates

any of its administrative and ministerial powers to the chancellor, such

chancellor shall exercise such delegated powers in the same manner and

with the same force and effect as if such powers were given to him under

the provisions of the education law.

* NB Repealed July 1, 2002 and revived on June 30, 2028

* 14. To provide in the schools administered by the board of education

of the city of New York, the proper book or books, in form as required

by the by-laws of the board of education of such city, in which it shall

cause the class teachers under the direction and supervision of the

principal to enter the names, ages and residences of the pupils

attending the school, the name of the parent or guardian of each pupil

and the days on which the pupils shall have attended respectively, and

the aggregate attendance of each pupil during the year, and also the day

upon which the school shall have been visited by the superintendent of

schools or by an associate superintendent of schools or by an assistant

superintendent, or by members of the board of education, or by members

of the local school board, or by any of them, which entry shall be

verified by such oath or affirmation of the principal as may be

prescribed by the board of education of such city. Such books shall be

preserved as the property of such board of education and shall at all

times be open to inspection by members of such board of education, by

members of the local school boards and by the superintendent of schools,

or by any associate superintendent of schools, or by the assistant

superintendents.

* NB Repealed July 1, 2002 and revived on June 30, 2028

15. a. To perform such other duties and possess such other powers as

may be required to administer the affairs placed under its control and

management, to execute all powers vested in it, and to promote the best

interests of the schools and other activities committed to its care, and

to authorize, or in its discretion to conduct, and maintain such extra

classroom activities, including the operation of cafeterias or

restaurant service for 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. Charges shall be sufficient to meet the direct cost

of preparing and serving such meals, reducible by available

reimbursements.

* b. In a city having a population of one million or more, the board

of education shall make rules and regulations for the conduct, operation

and maintenance of extra classroom activities and for the safeguarding,

accounting and audit of all moneys received and derived therefrom. In

the case of any extra classroom activity as it shall deem proper, and

notwithstanding the provisions of section twenty-five hundred thirty of

this chapter, it may direct that the moneys received or derived from the

conduct, operation or maintenance of such an extra classroom activity be

deposited with the auditor of the board of education, who in such event

shall be the treasurer of such an extra classroom activity, the moneys

of which are required to be so deposited. In the procurement of articles

and services for the conduct, operation and maintenance of a cafeteria

or restaurant service, the board of education shall be subject to the

provisions of subdivision ten of section twenty-five hundred six of this

chapter, except that said board of education need not have duly

advertised for estimates in order to contract for such articles or

services in an amount exceeding one thousand dollars. In such a city,

the board of education shall also have power to assign any of its

officers or employees to perform such duties as it may prescribe in

connection with an extra classroom activity and to designate such of its

officers and employees when so assigned from whom a bond shall be

required for faithful performance of their duties and to fix the sum in

which each such bond shall be given.

* NB Repealed July 1, 2002 and revived on June 30, 2028

c. 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. Unless such student

organization is required by the board of education to deposit with the

auditor the moneys received or derived from carrying on such extra

classroom activity, such moneys shall be subject to the use and

disposition of such student organization under the rules and regulations

prescribed by the board of education.

* d. The board of education in a city having a population of one

million or more shall inquire into the origin of all moneys or other

property in the possession of any student organization, on March

twenty-third, nineteen hundred thirty-six, and all such moneys which the

board of education may find to have been derived from the operation of a

cafeteria or restaurant service, it may require to be deposited with the

auditor of the board of education and applied to the conduct and

operation of a cafeteria or restaurant service, or other extra classroom

activity, in such manner and to such extent as the board of education

may direct.

* NB Repealed July 1, 2002 and revived on June 30, 2028

* (e) In order to facilitate operation of the school lunch programs

administered by the board of education of the city of New York, better

to serve the public interest, all persons employed in a cafeteria or

lunchroom in any high school under the jurisdiction of this board for

one year prior to the date this section takes effect, shall, because of

their special training, experience and efficiency, and, notwithstanding

any provisions to the contrary in any general, special or local law, be

continued in the employment of this board without competitive

examination, provided the necessary funds for such continued employment

are appropriated by the board. The positions so held by such employees

shall be in the noncompetitive class. The New York city civil service

commission, however, after notice to any such employee of the reasons

therefore, and after according such employee a hearing, may exclude him

from further employment if found by the commission not to be a person of

satisfactorily good character. Not later than one year after this

section shall take effect, the commission shall determine for which of

such positions competitive examinations shall have become feasible, and

shall thereupon reclassify the various positions, with the approval of

the mayor and the state civil service commission. The then incumbents of

such positions shall continue to hold their positions without further

examination, provided, however, that all subsequent appointments to such

positions shall be made in accordance with the civil service law and

rules.

* NB Repealed July 1, 2002 and revived on June 30, 2028

16. To 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

and with respect to teachers and other employees for whom such workmen's

compensation coverage is not required in cities of one million or more

population, to provide in its discretion for reasonable medical and

hospital expenses for injuries incurred in actual performance of duty on

or after July first, nineteen hundred sixty-two.

16-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.

Notwithstanding any provisions of this chapter, subdivision

thirty-one-a of section one thousand six hundred four, subdivision

thirty-four-a of section one thousand seven hundred nine and subdivision

ten-a of section two thousand five hundred three of the education law

and this subdivision shall not apply to a city having a population of

one million or more inhabitants.

16-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.

* 17. To maintain, in the city of New York, through such

representatives as it may designate, an effective visitation and

inspection of all schools and classes maintained in institutions

controlled by the department of correction of the city of New York.

* NB Repealed July 1, 2002 and revived on June 30, 2028

18. 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.

19. To provide by contract 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.

Any such contract may be made for a period not exceeding five years,

notwithstanding any provision of any charter or other provision of law

inconsistent herewith.

19-a. In its discretion, to 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,

provided, however that no voter approval shall be required.

19-b. To establish a minority scholarship recruitment program by the

board of education of the city of Buffalo.

20. To provide, outside the territorial limits of the city school

district but within the state or within an adjoining 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, and 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.

* 21. To assign, in its discretion, one or more employees of the board

in a city having a population of one million or more to serve as trial

examiner with power to conduct investigations and hearings on behalf of

such board. Each trial examiner shall report the result of any such

investigation or hearing to the board.

* NB Repealed July 1, 2002 and revived on June 30, 2028

22. 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.

23. 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.

* 24. Each year, the board of education shall prepare a school

district report card, pursuant to regulations of the commissioner, and

shall make it publicly available by transmitting it to local newspapers

of general circulation, appending it to copies of the proposed budget

made publicly available as required by law, making it available for

distribution at the annual meeting, and otherwise disseminating it as

required by the commissioner. Such report card shall include measures of

the academic performances of the school district, on a school by school

basis, and measures of the fiscal performance of the district, as

prescribed by the commissioner. Pursuant to regulations of the

commissioner the report card shall also compare these measures to

statewide averages for all public schools, and statewide averages for

public schools of comparable wealth and need, developed by the

commissioner. Such report card shall include, at a minimum, any

information on the school district regarding pupil performance and

expenditure per pupil required to be included in the annual report by

the regents to the governor and the legislature pursuant to section two

hundred fifteen-a of this chapter; and any other information required by

the commissioner. School districts (i) identified as having fifteen

percent or more of their students in special education, or (ii) which

have fifty percent or more of their students with disabilities in

special education programs or services sixty percent or more of the

school day in a general education building, or (iii) which have eight

percent or more of their students with disabilities in special education

programs in public or private separate educational settings shall

indicate on their school district report card their respective

percentages as defined in this paragraph and paragraphs (i) and (ii) of

this subdivision as compared to the statewide average.

* NB Effective until June 30, 2028

* 24. In every city school district in a city having a population of

less than one million inhabitants, each year, the board of education

shall prepare a school district report card, pursuant to regulations of

the commissioner, and shall make it publicly available by transmitting

it to local newspapers of general circulation, appending it to copies of

the proposed budget made publicly available as required by law, making

it available for distribution at the annual meeting, and otherwise

disseminating it as required by the commissioner. Such report card shall

include measures of the academic performances of the school district, on

a school by school basis, and measures of the fiscal performance of the

district, as prescribed by the commissioner. Pursuant to regulations of

the commissioner the report card shall also compare these measures to

statewide averages for all public schools, and statewide averages for

public schools of comparable wealth and need, developed by the

commissioner. Such report card shall include, at a minimum, any

information on the school district regarding pupil performance and

expenditure per pupil required to be included in the annual report by

the regents to the governor and the legislature pursuant to section two

hundred fifteen-a of this chapter; and any other information required by

the commissioner. School districts (i) identified as having fifteen

percent or more of their students in special education, or (ii) which

have fifty percent or more of their students with disabilities in

special education programs or services sixty percent or more of the

school day in a general education building, or (iii) which have eight

percent or more of their students with disabilities in special education

programs in public or private separate educational settings shall

indicate on their school district report card their respective

percentages as defined in this paragraph and paragraphs (i) and (ii) of

this subdivision as compared to the statewide average.

* NB Effective June 30, 2028

25. 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.

* NB Effective until June 30, 2028

* 25. Shall require, for purposes of a criminal history record check,

except in the city school district of the city of New York, the

fingerprinting of all prospective employees pursuant to section three

thousand thirty-five of this chapter, who do not hold valid clearance

pursuant to such section or pursuant to section three thousand four-b of

this chapter or section five hundred nine-cc or twelve hundred

twenty-nine-d of the vehicle and traffic law. Prior to initiating the

fingerprinting process, the prospective employer shall furnish the

applicant with the form described in paragraph (c) of subdivision thirty

of section three hundred five of this chapter and shall obtain the

applicant's consent to the criminal history records search. Every set of

fingerprints taken pursuant to this subdivision shall be promptly

submitted to the commissioner for purposes of clearance for employment.

* NB Effective June 30, 2028

* 26. Shall, upon commencement and termination of employment of an

employee by the city school district, provide the commissioner with the

name of and position held by such employee.

* NB Effective until June 30, 2028

* 26. Shall, except in the city school district of the city of New

York, upon commencement and termination of employment of an employee by

the city school district, provide the commissioner with the name of and

position held by such employee.

* NB Effective June 30, 2028

27. 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.

* 28. 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