§ 2566. Powers and duties of superintendent of schools. The
superintendent of schools of a city shall possess, subject to the
by-laws of the board of education, the following powers and be charged
with the following duties:

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

2. 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
education.

3. In a city having a population of one million or more, to exercise
such administrative and ministerial powers of such board as may be
delegated to him by regulation and by-laws of such board in such manner
and with the same force and effect as if such powers were given to him
by the provisions of the education law.

4. 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.

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

6. To have supervision and direction of associate, assistant, district
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
city authorized by this chapter and under the direction and management
of the board of education, except that in the city school districts of
the cities of Buffalo, Rochester, and Syracuse to also appoint, within
the amounts budgeted therefor, such associate, assistant and district
superintendents and all other supervising staff who are excluded from
the right to bargain collectively pursuant to article fourteen of the
civil service law; 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 said board for its
consideration and action; to report to said board of education
violations of regulations and cases of insubordination, and to suspend
an associate, assistant, district or other superintendent, director,
supervisor, expert, principal, teacher or other employee until the next
regular meeting of the board, when all facts relating to the case shall
be submitted to the board for its consideration and action.

7. 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 educational activities and interest under the management,
direction and control of the board of education.

8. To issue such licenses to teachers, principals, directors, school
psychiatrists, school psychologists, school medical inspectors, school
aurists, school psychiatric social workers, school social case workers,
research assistants, teacher-clerks, school clerks, clerical assistants,
industrial or trade helpers in vocational schools, school librarians,
laboratory assistants, placement and investigation assistants, financial
assistants, machine shop assistants, tool boys, and other members of the
teaching and supervising staff as may be required under the by-laws and
regulations of the board of education in cities in which such board
requires its teachers to hold qualifications in addition to or in
advance of or different from, where such qualifications are not provided
by the commissioner, the minimum qualifications required under this
chapter. All such licenses issued prior to the first day of December,
nineteen hundred thirty-four, and all appointments made or hereafter
made pursuant to such licenses are hereby authorized and validated
against any statutory provision, omission, or irregularity, provided the
examination for such license was conducted by the board of examiners in
accordance with the by-laws and regulations of the board of education,
notwithstanding the invalidity of any such by-laws and regulations. All
such licenses issued by the chancellor prior to the effective date of a
chapter of the laws of 1990, entitled "AN ACT to amend the education law
and the administrative code of the city of New York, in relation to
appointment of teaching service personnel by abolishing the board of
examiners in cities having a population of one million or more and to
repeal certain provisions of the education law relating thereto" and all
appointments made or hereafter made pursuant to such licenses are hereby
authorized and validated, notwithstanding any provision of statute or
regulation to the contrary. Nothing in this chapter shall affect the
rights of persons serving pursuant to appropriate licenses issued prior
to the effective date of a chapter of the laws of 1990, entitled "AN ACT
to amend the education law and the administrative code of the city of
New York, in relation to appointment of teaching service personnel by
abolishing the board of examiners in cities having a population of one
million or more and to repeal certain provisions of the education law
relating thereto" or require them to obtain certifications or licenses
not previously required of them.

9. Notwithstanding any inconsistent provision of law, the provisions
of subdivision six 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.