N.Y. Education Law § 2566: Powers and duties of superintendent of schools

§ 2566. Powers and duties of superintendent of schools. The

superintendent of schools of a city shall possess, subject to the

by-laws of the board of education, the following powers and be charged

with the following duties:

1. To be the chief executive officer of such board and the educational

system, and to have a seat on the board of education and the right to

speak on all matters before the board, but not to vote.

2. To enforce all provisions of law and all rules and regulations

relating to the management of the schools and other educational, social

and recreational activities under the direction of the board of

education.

3. In a city having a population of one million or more, to exercise

such administrative and ministerial powers of such board as may be

delegated to him by regulation and by-laws of such board in such manner

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

by the provisions of the education law.

4. To prepare the content of each course of study authorized by the

board of education. The content of each such course shall be submitted

to the board of education for its approval and, when thus approved, the

superintendent shall cause such courses of study to be used in the

grades, classes and schools for which they are authorized.

5. To recommend suitable lists of textbooks to be used in the schools.

6. To have supervision and direction of associate, assistant, district

and other superintendents, directors, supervisors, principals, teachers,

lecturers, medical inspectors, nurses, claims auditors, deputy claims

auditors, attendance officers, janitors and other persons employed in

the management of the schools or the other educational activities of the

city authorized by this chapter and under the direction and management

of the board of education, except that in the city school districts of

the cities of Buffalo, Rochester, and Syracuse to also appoint, within

the amounts budgeted therefor, such associate, assistant and district

superintendents and all other supervising staff who are excluded from

the right to bargain collectively pursuant to article fourteen of the

civil service law; to transfer teachers from one school to another, or

from one grade of the course of study to another grade in such course,

and to report immediately such transfers to said board for its

consideration and action; to report to said board of education

violations of regulations and cases of insubordination, and to suspend

an associate, assistant, district or other superintendent, director,

supervisor, expert, principal, teacher or other employee until the next

regular meeting of the board, when all facts relating to the case shall

be submitted to the board for its consideration and action.

7. To have supervision and direction over the enforcement and

observance of the courses of study, the examination and promotion of

pupils, and over all other matters pertaining to playgrounds, medical

inspection, recreation and social center work, libraries, lectures and

all other educational activities and interest under the management,

direction and control of the board of education.

8. To issue such licenses to teachers, principals, directors, school

psychiatrists, school psychologists, school medical inspectors, school

aurists, school psychiatric social workers, school social case workers,

research assistants, teacher-clerks, school clerks, clerical assistants,

industrial or trade helpers in vocational schools, school librarians,

laboratory assistants, placement and investigation assistants, financial

assistants, machine shop assistants, tool boys, and other members of the

teaching and supervising staff as may be required under the by-laws and

regulations of the board of education in cities in which such board

requires its teachers to hold qualifications in addition to or in

advance of or different from, where such qualifications are not provided

by the commissioner, the minimum qualifications required under this

chapter. All such licenses issued prior to the first day of December,

nineteen hundred thirty-four, and all appointments made or hereafter

made pursuant to such licenses are hereby authorized and validated

against any statutory provision, omission, or irregularity, provided the

examination for such license was conducted by the board of examiners in

accordance with the by-laws and regulations of the board of education,

notwithstanding the invalidity of any such by-laws and regulations. All

such licenses issued by the chancellor prior to the effective date of a

chapter of the laws of 1990, entitled "AN ACT to amend the education law

and the administrative code of the city of New York, in relation to

appointment of teaching service personnel by abolishing the board of

examiners in cities having a population of one million or more and to

repeal certain provisions of the education law relating thereto" and all

appointments made or hereafter made pursuant to such licenses are hereby

authorized and validated, notwithstanding any provision of statute or

regulation to the contrary. Nothing in this chapter shall affect the

rights of persons serving pursuant to appropriate licenses issued prior

to the effective date of a chapter of the laws of 1990, entitled "AN ACT

to amend the education law and the administrative code of the city of

New York, in relation to appointment of teaching service personnel by

abolishing the board of examiners in cities having a population of one

million or more and to repeal certain provisions of the education law

relating thereto" or require them to obtain certifications or licenses

not previously required of them.

9. Notwithstanding any inconsistent provision of law, the provisions

of subdivision six of this section relating to the transfer of teachers

may be modified by an agreement that is collectively negotiated pursuant

to the provisions of article fourteen of the civil service law.