There is a newer version of the New York Consolidated Laws
2006 New York Code - 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, 2009
* 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, 2009
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 and Rochester 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. 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 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 position of 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, 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 by
using (1) inter-municipal cooperative agreements, or (2) independent
contractors, to fulfill this function.
* 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, 2009
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, 2009
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, 2009
* 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, 2009
* 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, 2009
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, 2009
* 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, 2009
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, 2009
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, 2009
* (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, 2009
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, 2009
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.
* NB Repealed September 1, 2007
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, 2009
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, 2009
* 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, 2009
* 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 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
* 25. 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 until June 30, 2009
* 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, 2009
* 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, 2009
* 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, 2009
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.
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