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§ 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.

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. Such
claims auditor shall report directly to the board of education. No
person shall be eligible for appointment to the office of 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 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, 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 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.

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 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 division
for youth to provide transportation for children, 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. 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.

* NB Repealed September 1, 2006

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 when the prospective employer
is notified of a determination by the commissioner to grant or deny
clearance, 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 July 1, 2007

* 39. 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.

* NB Effective July 1, 2007

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.

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