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1112 - Board of Education Legal Status, Powers & Authority

Policy: Board of Education Legal Status, Powers & Authority    Policy Number: 1112
Date of Original Policy: Date Revised: 01/15/2020
Reviewed by Policy Committee: 09/20/2019     Date of Next Review: 09/20/2022
Replacement of Policy Number: 1110, 1120 & 1310  

SCHOOL DISTRICT AND BOARD OF EDUCATION LEGAL STATUS

The Constitution of New York State, as amended in 1894, instructs the Legislature to provide for a system of free common schools wherein all children of the State may be educated.
 
The Legislature of the State has implemented this constitutional mandate through the creation of school districts of various types. The Jordan-Elbridge Central School District is governed by the laws set forth for Central School Districts in Article 37 of the Education Law, and by-laws relating to, or affecting, Union Free School Districts as set forth in Article 35 of the Education Law and Common School Districts as set forth in Article 33 of the Education Law.
 
The School District constitutes a corporate entity that possesses all the usual powers of a corporation for public purposes, and in that name may sue and be sued, purchase, hold and sell personal property and real estate, and enter into such obligations as are authorized by law.
 
The Constitution of the State of New York places the responsibility for public education on the State Legislature, and directs the establishment of a State Department of Education for general supervision over the schools and headed by a Commissioner of Education. The New York State Constitution further provides that local public schools under the general supervision of the State Education Department shall be maintained, developed and operated by locally elected boards.  Legally, local boards are instruments of the New York State Constitution, the New York Statutes and the regulations of the State Education Department and its Commissioner.
   
                New York State Constitution
                Education Law Articles 33, 35, 37, 51 and 53

BOARD OF EDUCATION AUTHORITY

As a body created under the Education Law of New York State, the Board of Education of the Jordan-Elbridge Central School District has full authority, within the limitations of federal and state laws and the Regulations of the Commissioner of Education and interpretations of them, to carry out the will of the people of its District in matters of education.
 
In all cases where laws or regulations of the State Commissioner of Education do not provide, permit, or prohibit, the Board shall consider itself the agent responsible for establishing and appraising educational matters and activities.
 
Board members have no authority over school affairs as individuals.  They have authority only when acting as a body duly called in session.
                 
                Education Law Sections 1604, 1701,1709, 1804, and 1805

POWERS AND DUTIES OF THE BOARD

As a Central School District, the Board of Education shall have powers and duties as set forth in New York State Education Law, principally Articles 33, 35 and 37, and other applicable Federal and State laws and regulations. In general, the Board shall have in all respects the superintendence, management and control of the educational affairs of the District and shall have all the powers necessary to exercise these powers expressly granted to it by the laws of New York State and the Commissioner of Education.

 
Education Law Sections 1604, 1709 and 1804

Policy References:
NOTE: Refer also to Policy #6540 -- Defense and Indemnification of Board Members and
Employees
Policy Cross References:
 » 6540 - DEFENSE AND INDEMNIFICATION OF BOARD MEMBERS AND EMPLOYEES

Date of Original Policy 04/16/2013

Previous Revision



 
 
Superintendent: James R. Froio
Phone: 315.689.8500
Address: 9 N. Chappell St., PO Box 902 | Jordan, NY 13080