New York Laws
Article 35 - Union Free School Districts
1709 - Powers and Duties of Boards of Education.

(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 or deputy 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 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 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 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 board of education delegates 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 board 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.
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,
transportation during the day to and from school and a special education
program or service or a program at a board of cooperative educational
services or an approved shared program at another school district,
transportation for field trips or to and from extracurricular
activities, 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 office of
children and family services to provide transportation for children,
including contracts to provide such transportation as regional
transportation services, 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, or twelve years for the lease of zero-emission
school buses as defined in section thirty-six hundred thirty-eight of
this chapter. 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.

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 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 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.
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.
* 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

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