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This entry was published on 2014-09-22
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Appointment of superintendent of schools
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 35
§ 1711. Appointment of superintendent of schools. 1. The board of
education of any union free school district may appoint a superintendent
consistent with the provisions of this section.

2. Such superintendent shall possess, unless otherwise specified by
the by-laws of the board of education, the following powers and be
charged with the following duties:

a. To be the chief executive officer of the school district and the
educational system, and to have the right to speak on all matters before
the board, but not to vote.

b. To enforce all provisions of law and all rules and regulations
relating to the management of the schools and other educational, social
and recreational activities under the direction of the board of

c. To prepare the content of each course of study authorized by the
board of education. The content of each such course shall be submitted
to the board of education for its approval and, when thus approved, the
superintendent shall cause such courses of study to be used in the
grades, classes and schools for which they are authorized.

d. To recommend suitable lists of textbooks to be used in the schools.

e. To have supervision and direction of associate, assistant and other
superintendents, directors, supervisors, principals, teachers,
lecturers, medical inspectors, nurses, claims auditors, deputy claims
auditors, attendance officers, janitors and other persons employed in
the management of the schools or the other educational activities of the
district authorized by this chapter and under the direction and
management of the board of education; to transfer teachers from one
school to another, or from one grade of the course of study to another
grade in such course, and to report immediately such transfers to such
board for its consideration and actions; to report to such board
violations of regulations and cases of insubordination, and to suspend
an associate, assistant or other superintendent, director, supervisor,
expert, principal, teacher or other employee until the next regular
meeting of such board, when all facts relating to the case shall be
submitted to such board for its consideration and action.

f. To have supervision and direction over the enforcement and
observance of the courses of study, the examination and promotion of
pupils, and over all other matters pertaining to playgrounds, medical
inspection, recreation and social center work, libraries, lectures, and
all other education activities under the management, direction and
control of the board of education.

3. Such superintendent shall be under the direction of the board of
education, which shall prescribe his or her powers and duties, except as
otherwise provided in subdivision two of this section. The
superintendent shall be paid a salary, to be fixed by the board of
education, and he may be removed from office by a vote of the majority
of all the members of such board, provided, however, that a board of
education may enter into a contract with such superintendent for a
period of not less than three and not more than five years, and upon
such other terms as shall be mutually acceptable to the parties,
including but not limited to, fringe benefits and procedures for
termination by either party prior to the expiration of the term of such
contract. The services of such a superintendent of schools may be
discontinued at any time by a majority vote of the board of education,
and upon sixty days notice in writing to the superintendent of schools.
The other terms of any such contract, including any provisions relating
to an increase in salary, compensation or other benefits, shall not be
based on or tied to the terms of any contract or collective bargaining
agreement that the board of education has or will enter with the
teachers or other employees of the school district.

4. Notwithstanding any inconsistent provision of law, the provisions
of paragraph e of subdivision two of this section relating to the
transfer of teachers may be modified by an agreement that is
collectively negotiated pursuant to the provisions of article fourteen
of the civil service law.