2006 New York Code - Powers And Duties Of Boards Of Education.



 
    §  1709.  Powers  and duties of boards of education. The said board of
  education of every union free school district shall have power,  and  it
  shall be its duty:
    1.  To  adopt  such by-laws and rules for its government as shall seem
  proper in the discharge of the duties required under the  provisions  of
  this chapter.
    2.  To  establish  such rules and regulations concerning the order and
  discipline of the schools, in the several departments thereof,  as  they
  may deem necessary to secure the best educational results.
    3. To prescribe the course of study by which the pupils of the schools
  shall  be graded and classified, and to regulate the admission of pupils
  and their transfer from one class or department  to  another,  as  their
  scholarship shall warrant.
    4.  To  prescribe  the  text-books  to  be used in the schools, and to
  compel a uniformity in the use of the same, pursuant to  the  provisions
  of  this  chapter,  and  to furnish the same to pupils out of any moneys
  provided for that purpose.
    4-a. To develop a plan to ensure that all instructional  materials  to
  be  used  in  the  schools  of  the  district  are available in a usable
  alternative format for each student with a  disability,  as  defined  in
  section forty-four hundred one of this chapter, and for each student who
  is   a  qualified  individual  with  a  disability  as  defined  in  the
  rehabilitation act of nineteen hundred ninety-three (29 U.S.C.  701)  as
  amended,  in  accordance  with  his  or her educational needs and course
  selection,  at  the  same  time  as  such  instructional  materials  are
  available  to  non-disabled students. As part of such plan, the board of
  education shall amend its procurement policies to give a  preference  in
  the  purchase of instructional materials to vendors who agree to provide
  materials in alternative formats.  For  purposes  of  this  subdivision,
  "alternative   format"   shall   mean  any  medium  or  format  for  the
  presentation of instructional materials, other than a traditional  print
  textbook,  that  is  needed  as  an accommodation for a disabled student
  enrolled in the school district, including but not limited  to  Braille,
  large  print, open and closed captioned, audio, or an electronic file in
  an approved format, as defined in the regulations of  the  commissioner.
  When  an  electronic  file  is  provided, the plan shall specify how the
  format will be accessed  by  students  and/or  how  the  district  shall
  convert  to  an accessible format. Such plan shall identify the needs of
  students residing in the district for alternative format materials. Such
  plan shall also specify ordering timelines to  ensure  that  alternative
  format  materials  are  available  at  the  same  time as regular format
  materials. Such plans shall include procedures to address  the  need  to
  obtain  materials  in  alternative  format  without  delay  for disabled
  students who move into the school district during the school year.
    5. To make provision for the instruction of pupils in all subjects  in
  which  such  instruction is required to be given under the provisions of
  article seventeen of this chapter.
    6. To purchase sites, or additions thereto,  for  recreation  grounds,
  for  agricultural  education  purposes,  and  for  schoolhouses  for the
  district, when designated by a meeting of the district; and to construct
  such schoolhouses and other structures and additions thereto as  may  be
  so  designated; and to operate the facilities provided and to market any
  surplus of farm products that might be  so  raised  and  as  may  be  so
  designated;  to  purchase furniture and apparatus for such schoolhouses,
  and to keep the furniture and apparatus therein  in  repair;  and,  when
  authorized  by  such  meeting,  to  purchase  implements,  supplies, and
  apparatus for agricultural,  athletic,  playground,  and  social  center
  purposes.
    7.  To  lease,  on  a  temporary basis, necessary space not located on
  school property, when the facilities of the district are overcrowded  or
  damaged  or  destroyed,  and  to furnish and equip such space for school
  district use. The use of such space shall be subject to annual  approval
  by the commissioner.
    8.  To  insure  the  schoolhouses  and  their furniture, apparatus and
  appurtenances, and the school library, in some insurance company created
  by or under the laws  of  this  state,  or  in  some  insurance  company
  authorized by law to transact business in this state, and to comply with
  the  conditions  of the policy, and raise the sums required for premiums
  by district tax; provided, however, that the members of the board  shall
  not  be  personally  liable  for  any  claim  arising  out of the use or
  condition of  the  aforementioned  property  if  the  board,  after  due
  diligence, is unable to obtain such insurance.
    8-a.  In  its  discretion  to  insure pupils against damage occasioned
  because of accidental personal injuries sustained while participating in
  physical  education  classes,  intramural  and  interscholastic   sports
  activities,  in such a company, and raise the sums required for premiums
  by district tax.
    8-b. In its discretion, to purchase  insurance  against  accidents  to
  pupils  occurring  in school, on school grounds, while being transported
  between home and school in a school bus as defined in section thirty-six
  hundred twenty-one, and during sponsored trips.
    8-c. To establish and maintain a program of  reserves  not  to  exceed
  three per centum, exclusive of any planned balance presently authorized,
  of  the  annual  budget  of  the  district  to  cover  property loss and
  liability claims. In the event that three per centum, exclusive  of  any
  planned  balance  presently  authorized,  of  the  annual  budget of the
  district would result in less than fifteen thousand dollars,  the  total
  reserve  funds  may  be  for  an  amount  not to exceed fifteen thousand
  dollars. Separate funds shall be established for property loss  and  for
  liability  claims  and  the  separate  identity  of  each  fund shall be
  maintained whether its assets consist of cash or  investments  or  both.
  The  moneys in such funds shall be accounted for separate and apart from
  all other funds of the school district, in the same manner  as  provided
  in  subdivision  ten of section six-c of the general municipal law. Such
  moneys may be invested in  accordance  with  section  seventeen  hundred
  twenty-three-a  of  this  chapter.  Any  interest earned or capital gain
  realized on the moneys so deposited shall accrue and become part of such
  funds. Such reserve funds shall not be reduced to amounts less than  the
  total  of  the  amounts  estimated to be necessary to cover incurred but
  unsettled claims or suits including  expenses  in  connection  therewith
  other   than  by  payments  for  losses  for  which  such  amounts  were
  established. Payments from such reserve funds  shall  not  be  made  for
  purposes  other than those for which such funds were established without
  authorizations by vote of the electors of the district, except that such
  board may authorize use of such funds other than amounts  allocated  for
  unsettled  claims or suits including expenses in connection therewith to
  pay premiums for  insurance  policies  purchased  to  insure  subsequent
  losses  in areas previously self-insured, in the event of dissolution of
  the self-insurance plan.
    9. To take charge and possession of  the  schoolhouses,  sites,  lots,
  furniture,   books,  apparatus,  and  all  school  property  within  its
  district; and the title of the same shall be vested respectively in said
  board of education.
    10. To alter and  equip  for  use  as  a  public  library  any  former
  schoolhouse  or part thereof, the title to which is vested in the board,
  when duly authorized by the qualified voters of the school district.
    11. To sell, when authorized by a vote of the qualified voters of  the
  school  district,  any former school site or lot, or any real estate the
  title to which is vested in the board, and the  buildings  thereon,  and
  appurtenances  or any part thereof, at such price and upon such terms as
  said  voters  shall  prescribe,  and  to  convey  the same by deed to be
  executed by the board or a majority of  the  members  thereof.  Also  to
  exchange  real  estate  belonging  to  the  district  for the purpose of
  improving or changing schoolhouse sites. All deeds or other  conveyances
  of  real  property heretofore made and delivered, executed by said board
  of education by its officers, or  in  the  manner  in  which  deeds  are
  executed  by  corporations, or executed in any other manner, shall be as
  valid and of the same force and effect as if executed by said  board  of
  education or a majority of the members thereof; but this provision shall
  not  affect  any  action or proceeding pending at the time of the taking
  effect hereof.
    12. To take and hold for the  use  of  the  said  schools  or  of  any
  department  of  the  same,  any  real  estate transferred to it by gift,
  grant, bequest or devise, or any gift, legacy or  annuity,  of  whatever
  kind,  given or bequeathed to the said board, and apply the same, or the
  interest or proceeds thereof, according to the instructions of the donor
  or testator.
    12-a.  To  take  and  hold  in  trust  for  the  purpose  of  awarding
  scholarships  in said schools any real estate transferred to it by gift,
  grant, bequest or devise, or any gift, legacy or  annuity,  of  whatever
  kind,  given  or  bequeathed  to  said  board and apply the same, or the
  interest or proceeds thereof, according to the instructions of the donor
  or testator.
    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, 2007
    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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