New York Laws
Article 33 - Common School Districts
1604 - Powers and Duties of Trustees.

(1) a trustee of the school district;
(2) the clerk or treasurer of the school district;
(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 or deputy claims auditor shall not be required
to be a resident of the district, and the positions of claims auditor
and deputy claims auditor shall be classified in the exempt class of the
civil service. The trustees, at any time after the establishment of the
office of claims auditor or deputy 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 trustees with respect to claims auditing,
and 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.
The trustees shall be permitted to delegate the claims audit function to

one or more independent entities 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.
c. When the trustees delegate the claims audit function using an
inter-municipal cooperative agreement, shared service authorized by
section nineteen hundred fifty of this title, or an independent
contractor, the trustees shall be responsible for auditing all claims
for services from the entity providing the delegated claims auditor,
either directly or through a delegation to a different independent
entity.
36. 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 sixteen hundred four-a of this article.
37. In their discretion and in compliance with rules and regulations
of the commissioner promulgated pursuant to section one hundred one-a of
this chapter, to give written notice to the family court pursuant to
subdivision four of section seven hundred fifty-eight-a and subdivision
four of section 353.6 of the family court act of the desire of the
school district to act in the supervision of certain juveniles while
performing services for the public good.
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 trustees 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 trustees may
conditionally appoint a prospective employee. A request for conditional
clearance shall be forwarded to the commissioner along with the
prospective employee's fingerprints, as required by paragraph a of this
subdivision. Such appointment shall not commence until notification by
the commissioner that the prospective employee has been conditionally
cleared for employment and shall terminate forty-five days after such
notification of conditional clearance or when the prospective employer
is notified of a determination by the commissioner to grant or deny
clearance, whichever occurs earlier, and may not be extended or renewed
unless the commissioner issues a new conditional clearance after finding
that there was good cause for failing to obtain clearance within such
period, provided that if clearance is granted, the appointment shall
continue and the conditional status shall be removed. Prior to

commencement of such conditional appointment, the prospective employer
shall obtain a signed statement for conditional appointment from the
prospective employee, indicating whether, to the best of his or her
knowledge, he or she has a pending criminal charge or criminal
conviction in any jurisdiction outside the state.
c. Upon the recommendation of the superintendent, the trustees 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 trustees find
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.
40. Shall upon commencement and termination of employment of an
employee by the 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 the 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 trustee or board of trustees 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.
* 43. To pass a resolution, in the discretion of the board of such
district, authorizing the entering of an agreement with a county, city,
village or town within such district, for the installation and use of
school bus photo violation monitoring systems pursuant to section eleven
hundred seventy-four-a of the vehicle and traffic law, provided that the
purchase, lease, installation, operation and maintenance, or any other
costs associated with such cameras shall not be considered an aidable
expense pursuant to section thirty-six hundred twenty-three-a of this
chapter.
* NB Repealed December 1, 2024
44. To establish a charitable fund, by resolution of the trustees, to
receive unrestricted charitable monetary donations made to such fund for
use by the district for public educational purposes. The monies of such
charitable fund shall be deposited and secured in the manner provided by
section ten of the general municipal law. The monies of such charitable
fund may be invested in the manner provided by section eleven of the
general municipal law. Any interest earned or capital gain realized on
the money so invested shall accrue to and become part of such fund. At
such time and in such amounts as determined by the trustees, the monies
of such charitable fund shall be transferred to the school district's
general fund for expenditure consistent with the charitable purposes of
the fund, provided that the amount of taxes to be levied by the school
district for any school year shall be determined without regard to any
such transfer. The school district shall maintain an accounting of all
such deposits, interest or capital gain, transfers, and expenditures.
Any expenditure made or liability incurred in pursuance of this
section shall be a charge upon the district.