LIBRARY OF CONGRESS. Shelf.!) isCr UNITED STATES OF AMERICA. TEACHERS' Manual OF- School Laws OF- NEW YORK STATE. A.. F». CHAPIN, Editor of the '''Educational Gazette.'''' ROCHESTER, N. Y. Educational Gazette Co. COPYRIGHT 1889, BY A. P. Chapin. THE author has many times said that it should be the aim of every person to thor- oughly understand the business in which he is engaged. This little manual has been prepared for the purpose of putting within reach of every public school teacher in new York State the opportunity to better understand the laws governing his work. A careful study of its pages will save teachers much annoyance and oftentimes many dollars foolishly spent in seeking to have the courts decide what every- body ought to know. A. P. C. Rochester, N. Y., March i, 1889. CONTENTS. PAGE Teachers' Licenses, . . . . 5 Teachers' Powers and Duties, - - - 10 The Bible in the Public Schools, - - 13 The School Year and the Annual Meeting, - 14 Special School Meetings, - - - 15 Voters at School District Meetings, - - 16 Teachers' Wages, - - - - 17 Powers and Duties of Trustees, - - - 19 Powers and Duties of School Commissioners, 31 Superintendent of Public Instruction - - 41 Duties of the District Clerk and Librarian, - 46 District Collector, - - - - 48 Physiology and Hygiene, - - - - 49 Supervisors' Duties, . . . . 50 Duties of the Town Clerk, - - - 52 Teachers' Institutes, ... - 54 Pupil Teachers, ..... 55 Health and Decency, ... - 56 Holidays, ----- - 57 School Census, ----- 57 Drawing, .-..-- 57 Teachers' Contracts, . - - . 57 New York SCHOOL LAWS. TEACHERS' LICENSES. No person can legally contract to teach in the public schools, or collect his pay without a license. There are six kinds of licenses : 1. A Normal School diploma. 2. A State certificate, good for life. 3. A limited license, granted by the State Superintendent. 4. A certificate granted by a County Com- missioner. 5. A certificate granted by a Board of Edu- cation. ^ 6. A testimonial from the Regents of the University, endorsed by a County Commis- sioner. 6 NEW YORK SCHOOL LAWS. How are licenses obtained ? 1. There are three grades of Normal School diplomas granted on completion of either the Elementary English, the Higher English or the Classical course of study. These courses require two, three and four years' work respec- tively. In order to enter a Normal School candidates must be at least sixteen years of age and must pass a creditable examina- tion in the common English branches. Stu- dents may enter advanced if they can pass the required examinations, but the last year's work of either course must be done in the school. 2. State certificates are granted by the State Superintendent only upon examination. These examinations are held once each year. Due notice is given of the time and places of these examinations. The rules governing these examinations are prescribed by the State Super- intendent, and he designates the persons who conduct them and report the results to him. He may also in his discretion, issue a certifi- cate, without examination, to any graduate of a college or university who has had three years' experience as a teacher. Such last- mentioned certificate shall be known as the NEW YORK SCHOOL LAWS. 7 "college graduate's certificate," and may be revoked at any time for cause. He may also, in his discretion, indorse a diploma issued by a State Normal school or a certificate issued by a State Superintendent or State Board of Education in any other State, which indorse- ment shall confer upon the holder thereof the same privileges conferred by law upon the holders of diplomas or certificates issued by State Normal schools or by the State Super- int-endent in this State. 4. Many cities regulate their own examina- tions and grant their own licenses. The ex- aminations are usually conducted by the superintendent and the licenses are signed by him and the officers of the school board. 5. School commissioners grant three grades- of licenses, based upon the mental qualifica- tions and moral standing of the candidates,, and their experience, if any, in teaching. Most commissioners examine all applicants who apply at the proper times and places as announced by the commissioners and State Superintendent. All examinations are now held on dates fixed by the State Superintendent and on questions prepared by the State Department and sent sealed to the commissioners. 8 NEW YORK SCHOOL LAWS. Candidates for third grade certificates are examined in arithmetic, geography, grammar, composition, reading, orthography, penman- ship, physiology and hygiene. Examinations for second grade certificates include the above named studies with Amer- ican history, civil government, current topics and drawing added. The first grade examination includes those studies already named for the other examina- tions and, in addition, algebra, bookkeeping, physics, methods and school law. Third grade certificates are good for only six months, and cannot be issued more than twice to the same person. Second grade cer- tificates are good for two years and cannot be renewed except upon examination. All papers of candidates must be kept on file by the commissioners subject to the order of the State Supermtendent Temporary permits or certificates covering a period of six weeks, for special reasons may be granted without examinations. All blank certificates are now furnished by the State De- partment and filled in by the commissioners. NEW YORK SCHOOL LAWS. 9 No person who is under the age of sixteen years shall be deemed qualified to teach. Note. — All teachers in New York State must be examined regarding the effects of stimu- lants and narcotics. On what grounds can a teacher's license be an- nulled ? Normal school diplomas and State certifi- cates can be annulled by the commissioner only on the ground of immoral conduct. Other licenses may be annulled for either immorality or for deficiency in learning or ability to teach. What relief has the teacher ? He may apply to the State Superintendent, whose decision is final. lO NEW YORK SCHOOL LAWS. THE TEACHER'S POWERS AND DUTIES. During the established school hours the teacher's authority over the pupils present in school is absolute. This authority does not ex- tend beyond the school buildings and grounds. Punishment must not be cruel and should not be unnecessarily severe. It is better to be too lenient than too severe. Corporal punish- ment may be used, but should be only as a last resort. Obedience and order must be secured and maintained, but it should be with the least amount of physical force possible. It is bet- ter to develop a love for school work by mak- ing it attractive than to arouse the ire of the pupils by needless rules and commands. The teacher can compel the study of only one subject, and that is physiology, with special reference to the use of stimulants and narcotics. The parent or guardian may select from the studies belonging to the child's class or grade those which he wishes his child to pursue. The old maxim of English law is as applica- ble to the schoolmaster as to any other person NEW YORK SCHOOL LAWS. II who is in the lawful possession of a house. It is true that the school officers, as such, have certain rights in the school-house, but the law will not allow even them to interfere with the teacher while he keeps strictly within the line of his duty. Having been legally put in pos- session, he can hold it for the purposes and the time agreed upon ; and no parent, not even the Governor of the State, nor the Pres- ident of the United States has any right to enter and disturb him in the lawful perform- ance of his duties. If persons do enter and disturb the school, he should order them out ; and if they do not go on being requested to do so he may use such force as is necessary to eject them. And if he finds that he is un- able to put them out himself, he may call on others to assist him ; and if no more force is employed than is actually necessary to re- move the intruder, the law will justify the teacher's act and the acts of those who assisted him. No person shall be deemed qualified to teach who is under sixteen years of age. An unlicensed person cannot make a legal contract to teach, and would have no legal claim upon the ^public money even if he had taught the school. 12 NEW YORK SCHOOL LAWS. A teacher cannot legally be employed to teach in a school if he is related within two degrees by blood or marriage to any trustee in the district. Uncles and cousins are not within two degrees and consequently may be employed. When there are more than one trustee a contract must be made with the board and not with individual trustees. It should be signed by at least a majority of the board. If a teacher closes school even for a single day, without the consent of the trustee, he forfeits his contract, except in case of sudden illness. A teacher has no authority to expel a pupil from school ; the trustee alone has that power. In Union Free school districts the Board of Education may order the expulsion of a dis- orderly pupil. A teacher may inflict corporal punishment for the purpose of correcting disorder, but the infliction of cruel punishment is deemed sufficient excuse for annulling a teacher's license. Teachers shall keep, prepare and enter in the books provided for that purpose, the school lists and accounts of attendance, and shall be NEW YORK SCHOOL LAWS. TJ responsible for their safe keeping and delivery to the clerk of the district at the close of their engagements or terms. A teacher is not entitled to extra pay for building fires, sweeping, etc., unless a contract to that effect is made. When a school is closed by the proper authorities for the purpose of making repairs, or on account of a contagious disease in the vicinity, the teacher is entitled to the same pay as though teaching. Teachers may prohibit the use of tobacco on the school grounds. Teachers may temporarily suspend pupils but cannot expel them. THE BIBLE IN THE PUBLIC SCHOOLS. In New York the State Department has uniformly denied the right of a teacher or any school officer to insist on attendance at any religious exercises during legal school hours. Such exercises may be held before nine in the morning, and attendance made optional, but must not be held between nine and four, if objection is made by patrons of the school. 14 NEW YORK SCHOOL LAWS. THE SCHOOL YEAR AND THE ANNUAL MEETING. "An annual school meeting of each school district shall be held the last Tuesday of Aug- ust of each year, and unless the hour and the place thereof shall have been fixed by a vote of a previous district meeting, the same shall be held in the school house at seven o'clock in the evening." Laws of 1883. The election of officers in certain school districts, containing 300 or more children of school age, shall be held on the Wednesday next following the last Tuesday in August in each year, between the hours of twelve o'clock mid-day, and four o'clock in the afternoon. The school year expires on the twentieth day of August. " The trustees of each school district shall, between the last Tuesday of August and the first Tuesday of September in each year, make and direct to the School Commissioner, a re- port in writing, dated on the twentieth day of August of the year in which it is made, and shall sign and certify it, and deliver it to the NEW YORK SCHOOL LAWS. 15 clerk of the town in which the school district is situated." Laws of 1883. " The annual meeting of the Board of Edu- cation of every union free school district, shall be held on the first Tuesday of Septem- ber of each year." Laws of 1883. Any person w^ho shall wilfully disturb any public school or school meeting shall forfeit twenty-five dollars. SPECIAL SCHOOL MEETINGS. Trustees may call a special meeting at any time. The notice shall state the object of the meeting and be served on each voter at least five days before the date of the meeting. The chairman may vote on all questions involving a tax levy. Trustees of a union free school should be elected by ballot between the hours of 12 m. and 4 p. M. of the next day after the annual school meeting. l6 NEW YORK SCHOOL LAWS. VOTERS AT SCHOOL DISTRICT MEET- INGS. By the laws of 1881, there are three classes of persons who may vote, as follows : I. " Every person (male or female) who is a resident of the district, of the age of twenty- one years, entitled to hold lands in this State, who either owns or hires real estate in the dis- trict liable to taxation for school purposes." II. *' Every citizen of the United States (male or female) above the age of twenty-one years, who is a resident of the district, and who owns any personal property assessed on the last preceding assessment roll of the town, exceeding fifty dollars in value, exclusive of such as is exempt from execution." III. " Every citizen of the United States (male or female) who is above the age of twenty-one years, who is a resident of the district, and who has permanently residing with him, or her, a child or children of school age, some one or more of whom shall have attended the school of the district for a period of at least eight weeks within the year pre- ceding the time at which the vote is offered." NEW YORK SCHOOL LAWS. I7 Attorney General Russell, at the solicitation of Supt. W. B. Ruggles, for his opinion, says, under date of May 28, 1883 ; " It will be ob- served that the statute uses the term " him or her," evidently for the purpose of giving the particular party with whom the child resides the right to vote, and was not intended to con- fer such right of voting upon both the hus- band and the wife the legal resi- dence of the child would be with the husband, and he alone would by reason of such resi- dence be entitled to vote at the school meet- ing held in the district in which he resides." TEACHERS' WAGES. Teachers' wages are due as often as at the end of each calendar month of the term of employment. Trustees and boards of educa- tion can pay teachers oftener than once each month, but cannot make a contract with them by which their wages will not be due at the end of each calendar month of the term of employment. The law^ fixes the time at which their wages are due, and trustees and teachers cannot, by agreement, waive this provision or change the law. It is one of the duties of 16 NEW YORK SCHOOL LAWS. trustees to prepare for such payments. Cal- culations must be made, and where the public money will not be sufficient the district meet- ing should vote a fund for a tax for this pur- pose ; otherwise the trustees would be put to the inconvenience and trouble of issuing a tax list every month. Every teacher should be paid promptly. All that the trustees can lawfully require is a fulfillment of his contract, which includes the duty of keeping the teacher's register, and list of daily attendance. When he has placed them, duly verified, in the hands of the clerk of the district, he can demand an order for his wages. The wages of a teacher include the whole compensation allowed him for board, lodging, or any other object. In drawing an order any sum allowed for board, etc., should be denom- inated wages. The order can be drawn only in favor of the teacher. If he desires to apply the proceeds to the payment of a private debt, for board or other consideration, he can indorse it to his creditor, but it is for him and not for the trustees to distribute his wages. NEW YORK SCHOOL LAWS. 19 POWERS AND DUTIES OF TRUSTEES. A district may have one or three trustees, and may change from one to three or from three to one by a two-thirds vote. A trustee cannot hold the office of collector, clerk or librarian. A trustee may tender his resignation in writing to the supervisor. If the district does not fill the vacancy within thirty days the supervisor may appoint. The State Superintendent of Public Instruc- tion may remove a trustee for neglect of duties. The trustee alone has power to decide what text-books shall be used. All States make provision for furnishing text-books to children if their parents are too poor to buy them. Trustees have the right to purchase globes, maps, or other school apparatus to the amount of fifteen dollars each year without the vote of a district meeting. Trustees may levy a tax for the balance of teachers' wages if the public money has been expended. 20 NEW YORK SCHOOL LAWS. Trustees have sole power to hire teachers and cannot be restricted in this matter by a district vote. A school trustee cannot hire a teacher for a term of school which does not begin before the close of his term of office. A trustee cannot legally employ himself or his wife, his brother or sister, his parents or grandparents, his children or grand children, or the husband or wife of a brother or sister, child or grandchild. Three trustees and Boards of Education may hire for one year, but not longer. No supervisor or school commissioner is eligible to the office, nor can either be a mem- ber of any board of education within his dis- trict or town ; and no trustee can hold the office of district clerk, collector or librarian. The electors of any district have power to change from three trustees to one trustee, or from one trustee to three trustees. Such a change can be made only at an annual meeting. A sole trustee holds his office one year or until his successor is elected. Where there are three trustees the term of office is three years. A trustee may appoint a district clerk, collector or librarian to fill a vacancy. NEW YORK SCHOOL LAWS. 21 The trustee is the custodian of the school property. Trustees alone have power to expel pupils from school for habitual misconduct, or when afflicted with a contagious disease. All property which is now vested in, or shall hereafter be transferred to, the trustee or trustees of a district for the use of schools in a district, shall be held by him or them as a corporation. A sole trustee of the district shall have all the powers, and be subject to all the duties, liabilities and penalties conferred or imposed by law upon or against any trustee or trustees, or the majority of the trustees, of a district. The trustees of a district compose a board, and when two only meet to deliberate upon a matter, and the third, if notified, does not attend, or the three meet and deliberate there- on, the conclusion of two upon the matter, and their order, act or proceeding in relation thereto, shall be as valid as though it were the conclusion, order, act or proceeding of the three ; and the recita^ of the two in their minute of the conclusion, act or proceeding, or in their order, act or proceeding of the fact of such notice, or of such meeting or delibera- 22 NEW YORK SCHOOL LAWS tion, shall be conclusive evidence thereof. A meeting of the board may be ordered by any member thereof, by giving not less than twenty-four hours' notice of the same. While there is one vacancy in the office of trustee, the two trustees have all the powers and are subject to all the duties and liabilities of the three. And while there are two such vacancies, the trustee in office shall have all the powers and be subject to all the duties and liabilities of the three, as though he were a sole trustee. It shall be the duty of the trustees of every school district, and they shall have power : 1. To call special meetings of the inhabi- tants of such districts whenever they shall deem it necessary and proper. 2. To give notice of special, annual and ad- journed meetings, if there be no clerk of the district, or he be absent, or incapable of act- ing, or shall refuse to act. 3. To make out a tax list of every district tax voted by any such meeting, or authorized by law, containing the names of all the taxa- ble inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, set oppo- ite to his name. NEW YORK SCHOOL LAWS. 23 4. To annex to such tax list a warrant, di- rected to the collector of the district, for the collection of the sums in such list mentioned. 5. To purchase or lease a site for the dis- trict school-house or school-houses, as desig- nated by a meeting of the district, and to build, hire or purchase such school-house as may be so designated, and to keep in repair and furnish such school-house with necessary fuel and appendages, and to pay the expense thereof by tax, but such expense shall not exceed fifty dollars in any one year, unless authorized by the district or by law. 6. To have the custody and safe keeping of the district school-house or houses, and their sites and appurtenances, 7. When thereto authorized, by a meeting of the district to insure the school-house or school-houses, and their furniture, and the school apparatus, in some company created by or under the laws of this state and to com- ply with the conditions of the policy, and raise the premiums by ^district tax. 8. To insure the district library in such a company in a sum fixed by a district meeting, and to raise the premium by a district tax, and comply with the conditions of the policy 24 NEW YORK SCHOOL LAWS. 9. To contract with and employ all teachers in the district school or schools, but no per- son who is within two degrees of relationship by blood or marriage to any such trustee shall be so employed, except with the approval of two-thirds of the voters of such district pres- ent and voting upon the question at an annual or special meeting of the district nor shall any sole trustee of a district make any con- tract for the employment of a teacher in and for said school district beyond the close of the school term commencing next preceding the expiration of his term of office, except with approval of a majority of the voters of such district present, and voting upon the question at an annual or special meeting of the dis- trict ; nor shall the trustees of any school dis- trict having three or more trustees, make any contract for the employment of a teacher or teachers for more than one year in advance. Any person employed in disregard of the foregoing provisions shall have no claim for w'ages against the district, but may enforce the specific contract made against the trustee or trustees consenting to such employment as individuals. 10. To pay toward the wages of such teach- ers as are qualified, the public moneys appor- NEW YORK SCHOOL LAWS. 25 tioned to the district and legally applicable thereto, by giving them orders on the super- visor therefor, and to collect the residue of such wages by district tax. 11. To divide such public moneys appor- tioned to the district, whenever authorized by a vote of the district, into two or more portions for each year ; to assign and apply one of such portions to each term during which a school shall be kept in such district, for the payment of teachers' wages during such term ; and to collect the residue of such wages not paid by the proportion of public money allotted for that purpose, by district tax. 12. If the library money apportioned to the district be less than three dollars, to apply it to the payment of teachers' wages. 13. To draw upon the supervisor for the school and library moneys. The trustees may expend in necessary and proper repairs of each school-house under their charge a sum not exceeding twenty dol- lars in any one year ; and they may also ex- pend a sum, not exceeding fifty dollars, in the erection of necessary outbuildings, when the district is wholly unprovided with such buildings, under the direction of the school 26 NEW YORK SCHOOL LAWS. commissioner in whose district such school- house is situated, or the state superintendent of public instruction. They may also make any repairs and abate any nuisances, pursuant to the direction of the school commissioner as hereinbefore provided, and provide fuel, pails, brooms and other implements necessary to keep the school-house or houses clean and make them reasonably comfortable for use, and not provided for by a vote of the district; and may also provide for buildmg fires and cleaning the school-room by arrangement with the teacher or otherwise. They shall provide the bound blank-books for the entering of their accounts and the keeping of the school lists, the records of the district, and the pro- ceedings of district and trustee meetings, and they may expend in the purchase of diction- ary, maps, globes, or other school apparatus, a sum not exceeding fifteen dollars in any one year. Whenever it shall be necessary for the due accommodation of the children of the district they may hire temporarily any room or rooms for the keeping of schools therein. Any expenditure made or liability incurred in pursuance of this section shall be a charge upon the district. . NEW YORK SCHOOL LAWS. 2/ The trustees, or any of them, if not forbid- den by another, may freely permit the school- house, when not in use by the district school, to be used by persons assembling therein for the purpose of giving and receiving instruc- tion in any branch of education or learning, or in the science or practice of music. The trustees shall, once in each year, render to the district, at its annual district meeting, a just, full and true account in writing, under their hands, of all moneys received by them respectively for the use of the district, and of the manner in which the same shall have been expended, and showing to which of them an unexpended balance, or any part thereof is chargeable. ; and of all drafts -or orders made by them upon the supervisor, collector, or other custodian of moneys of the district ; and a full statement of all suits or proceedings brought by or against them, arid of every special matter touching the condition of the district. An outgoing trustee shall forthwith pay, to his successor, or any other trustee of the dis- trict in office, any such unexpended balance, remaining in his hands. Every trustee who shall refuse or neglect to render such account shall forfeit twenty-five 28 NEW YORK SCHOOL LAWS. dollars. Every trustee who shall neglect ur refuse to pay over any balance so found in his hands, shall forfeit twenty-five dollars. These penalties are for the benefit of the schools of the district, and shall be sued for by the super- visor of the town in which the school-house, or school-house longest owned or held by the district is. By a willful neglect or refusal to render such account, a trustee also forfeits any unex- pired term of his office, and becomes liable to the trustees for any district moneys in his hands. The trustees in office shall sue for and re- cover any district moneys in the hands of any former trustee, or of his personal representa- tive, and apply them to the use of the district. The trustees of each school district shall, between the twentieth day of August and the last Tuesday of August, in each year, make and direct to the school commissioner a report in writing, dated on the twenty-first day of August of the year in which it is made, and shall sign and certify it, and deliver it to the clerk of the town in which the school-house is situated ; and every report shall certify : I. The whole time any school has been kept in their district during the year ending on NEW YORK SCHOOL LAWS. 29 the day previous to the date of such report, and distinguishing what portion of the time such school has been kept by qualified teachers, and the whole number of days, in- cluding holidays, in which the school was taught by qualified teachers. 2. The amount of their drafts upon the supervisor, for the payment of teachers' wages during such year, and the amount of their drafts upon him for the purchase of books and school apparatus during such year, and the manner in which such moneys have been expended. 3. The number of children taught in the district school or schools during such year by qualified teachers, and the sum of the days' attendance of all such children upon the school. 4. The number of children residing in the district on the thirtieth day of June previous to the making of such report, and the names of the parents or other persons with whom such children did respectively reside, and the number of children residing with each. 5. The amount of money paid for teacher's wages, in addition to the public money paid therefor ; the amount of taxes levied in said district for purchasing school-house sites, for 30 NEW YORK SCHOOL LAWS. building, hiring, purchasing, repairing and in- suring school-houses, for fuel, for district libraries, or for any other purpose allowed by law, and such other information in relation to the schools and the district as the superinten- dent of public instruction may, from time to time, require. The annual reports of trustees of school districts, of children residing in their dis- tricts, shall include all over five and under twenty-one years of age, who shall have been, on the thirtieth day of June last preceding the date of such report, actually in the dis- trict, comprising a part of the family of their parents or guardians or employers, if such parents, guardians or employers reside at the time in such district, although such residence was temporary ; but such report shall not in- clude children belonging to the family of any person who shall be an inhabitant of any other district in this state, in which such chil- dren may by law be included in the reports of its trustees ; nor any children who are sup- ported at a county poor-house or an orphan asylum ; nor any Indian children residing on reservations where schools provided by law for their education are taught. NEW YORK SCHOOL LAWS. 3 1 Where a school district lies in two or more counties, its trustees shall make such an an- nual report for each part of it lying in a dif- ferent county, and file each in the office of the clerk of the towm in which the part of the district to which it especially relates lies ; and such reports shall be in the form and contain all such special matters as the superintendent of public instruction shall from time to time prescribe. POWERS AND DUTIES OF SCHOOL COMMISSIONERS. The school commissioner for each school commissioner district shall be elected by the electors thereof, by separate ballot, at the gen- eral election in the year one thousand eight hundred and sixty-six, and triennially there- after, and the ballots shall be indorsed "school commissioner." The term of office of such commissioner shall commence on the first day of January next after his election, and shall be for three years, and until his successor qualifies. Every person elected to the office, or appointed to fill a vacancy, must take the oath of office pre- 32 NEW YORK SCHOOL LAWS. scribed by the constitution, before a county clerk or a judge of a court of record, and file it with the county clerk, within ten days after the commencement of the term or after notice of his appointment ; and if he omit so to do, the office shall be deemed vacant. A commissioner may at any time vacate his office, by filing his resignation with the county clerk. His removal from the county, or acceptance of the office of supervisor, town- clerk or trustee of a school district, shall vacate his office. The county clerk, so soon as he has official or other notice of the existence of a vacancy in the office of commissioner, shall give notice thereof to the county judge, or, if that office be vacant, to the superintendent of public in- struction. In case of a vacancy, the county judge, or, if there be no county judge, then the superintendent shall appoint a commis- sioner, who shall hold his office until the first of January succeeding the next general elec- tion, and until his successor, who shall be chosen at such general election, shall have qualified. A person elected to fill a vacancy shall hold the office only for the unexpired term. NEW YORK SCHOOL LAWS. T,^ After the first day of October, eighteen hundred and eighty-five, every school commis- sioner shall receive an annual salary of one thousand dollars, payable quarterly out of the free school fund appropriated to this pur- pose, or to the support of common schools. Whenever a majority of the supervisors from all the towns composing a school com- missioner district shall adopt a resolution to increase the salary of their school commis- sioner beyond the one thousand dollars, paya- able to him from the free school fund, it shall be the duty of the board of supervisors of the county to give effect to such resolution, and they shall assess the increase stated therein upon the towns composing such com- missioner district, ratably, according to the corrected valuations of the real and personal estate of such towns. The board of supervisors shall annually audit and allow to each commissioner within the county, the fixed sum of two hundred dollars for his expenses, and shall assess and levy that amount annually, by tax upon the towns composing his district. Whenever the superintendent of public in- struction is satisfied that a school commis- sioner has persistently neglected to perform 34 NEW YORK SCHOOL LAWS. his duties, he may withliold his order for the payment of the whole or any part of such commissioner's salary as it shall become due, and the salary so withholden shall be forfeited; but the superintendent may remit the forfeit- ure, in whole or in part, upon the commis- sioner disproving or excusing such neglect, A commissioner, upon the written request of the commissioner of an adjoining district, may perform any of his duties for him, and upon requirement of the state superintendent of public instruction must perform the same. No school commissioner shall act as agent for any author, publisher or bookseller, nor indirectly receive any gift, emolument, reward, or promise of reward, for his influence in rec- ommending or procuring the use of any book, or school apparatus, or furniture of any kind whatever, in any common school, or the pur- chase of any book for a district library. Any one who shall procure or solicit a violation of this provision, or of any part thereof, shall be guilty of a misdemeanor ; and any such viola- tion shall subject the guilty commissioner to removal from his office by the superintendent of public instruction. Every commissioner shall have power, and it shall be his duty : NEW YORK SCHOOL LAWS. 35 1. From time to time to inquire and ascer- tain whether the boundaries of the school districts within his district are definitely and plainly described in the records of the proper town clerks ; and in case the records of the boundaries of any school district shall be found defective or indefinite, or if the same shall be in dispute, then to cause the same to be amended, or an amended record of the boundaries to be made. All necessary ex- penses incurred in establishing such amended records, shall be a charge upon the district or districts affected, to be audited and allowed by the trustee or trustees thereof, upon the certificate of the school commissioner. 2. To visit and examine all the schools and school districts within his district as often in each year as shall be practicable ; to inquire into all matters relating to the management, the course of study and mode of instruction, and the text-books and discipline of such schools, and the condition of the school- houses, sites, out-buildings and appendages, and of the district generally ; to examine the district libraries ; to advise with and counsel the trustees and other officers of the district in relation to their duties, and particularly in respect to the construction, warming and ven ^6 NEW YORK SCHOOL LAWS. tilating of school-houses, and the improving and adorning of the school grounds con- nected therewith ; and to recommend to the trustees and teachers the proper studies, dis- cipline and management of the schools, and the course of instruction to be pursued. 3. Upon such examination, to direct the trustees to make any alteration or repair on the school-house or out-buildings which shall, in his opinion, be necessary for the health or comfort of the pupils, but the expense of making such alterations or repairs shall, in no case, exceed the sum of two hundred dol- lars, unless an additional sum shall be voted by the district. He may also direct the trus- tee to make any alterations or repairs to school furniture, or when in his opinion any furniture is unfit for use and not worth re- pairing, or when sufficient furniture is not provided, he may direct that new furniture shall be provided as he may deem necessary, provided that the expense of such alterations, repairs or additions to furniture shall not, in any one year exceed the sum of one hundred dollars. He may also direct the trustees to abate any nuisance upon the premises, pro- vided the same can be done at an expense not exceeding twenty-five dollars. NEW YORK SCHOOL LAWS. 37 4. To condemn a school-house, if he deem it wholly unfit for use and not worth repair- ing, and to deliver the order to the trustees, or one of them, and transmit a copy to the superintendent of public instruction. Such order, if no time for its taking effect be stated in it, shall take effect immediately. He shall also state what sum, not exceeding eight hun- dred dollars, will, in his opinion, be necessary to erect a school-house capable of accommo- dating the children of the district. Immedi- ately upon the receipt of said order, the trus- tee or trustees of such district shall call a special meeting of the inhabitants of said dis- trict, for the purpose of considering the ques- tion of building a school-house therein. Such meeting shall have power to determine the size of said school-house, the material to be used in its erection, and to vote a tax to build the same ; but such meeting shall have no power to reduce the estimate made by the commissioner aforesaid by more than twenty- five per cent, of such estimate. And where no tax for building such house shall have been voted by such district within thirty days from the time of holding the first meeting to consider the question, then it shall be the duty of the trustee or trustees of such dis- 35 NEW YORK SCHOOL LAWS trict to contract for the building of a school- .house capable of accommodating the children of the district, and to levy a tax to pay for the same, which tax shall not exceed the sum estimated as necessary by the commissioner as aforesaid, and which shall not be less than such estimated sum by more than twenty-five per cent, thereof. But such estimated sum may be increased by a vote of the inhabitants at any school meeting subsequently called and held according to law. 5. To examine persons proposing to teach common schools within his district, and not possessing the superintendent's certificate of qualification or a diploma of a state normal school, and to inquire into their moral fitness and capacity, and, if he find them qualified, to grant them certificates of qualification, in the forms which are or may be prescribed by the superintendent. He may refuse to grant a license because of profane swearing or in- temperance on the part of the candidate. 6. To re-examine any teacher holding his or his predecessor's certificate, and if he find him deficient in learning or ability, to annul the certificate. 7. To examine any charge affecting the moral character of any teacher within his dis- NEW YORK SCHOOL LAWS. 39 trict, first giving such teacher reasonable no- tice of the charge, and an opportunity to de- fend himself therefrom ; and if he find the charge sustained, to annul the teacher's cer- tificate, by whomsoever granted, and to de- clare him unfit to teach ; and if the teacher held a certificate of the superintendent, or a diploma of a state normal school, to notify the superintendent forthwith of such annul- ment and declaration. 8. And, generally, to use his utmost in- fluence and most strenuous exertions to pro- mote sound education, elevate the character and qualifications of teachers, improve the means of instruction and advance the inter- ests of the schools under his supervision. Every school commissioner shall have power to take affidavits and administer oaths in all matters pertaining to common schools, but without charge or fee ; and, under the direc- tion of the superintendent of public instruc- tion, to take and report the case to him in any case of appeal. The commissioners shall be subject to such rules and regulations as the superintendent of public instruction shall from time to time prescribe, and appeals from their acts and de- 40 NEW YORK SCHOOL LAWS. cisions may be made to him. They shall, whenever thereto required by the superin- tendent, report to him, as to any particular matter or act, and shall severally make to him annually, to the twentieth day of August in each year, a report in such form, and con- taining all such particulars as he shall pre- scribe and call for ; and, for that purpose, shall procure the reports of the trustees of the school districts from the town clerks' offices, and after abstracting the necessary contents thereof, shall arrange and indorse them properly, and deposit them with a copy of his own abstract thereof in the office of the county clerk ; and the clerk shall safely keep them. The school commissioner, or commissioners of each county, shall proceed, at the county seat, on the third Tuesday of March in each year, to ascertain, apportion and divide the state and other school moneys. NEW YORK SCHOOL LAWS. 41 POWERS AND DUTIES OF THE STATE SUPERINTENDENT OF PUBLIC INSTRUCTION. The office of state superintendent of public instruction is continued and the term of said office shall be three years, commencing here- after on the seventh day of April. Such superintendent shall be elected by joint ballot of the senate and assembly on the second Wednesday of February next preceding the expiration of the term of the then incumbent of said office, and on the second Wednesday of February next after the occurrence of any vacancy in the office. He shall appoint a deputy ; and in case of a vacancy in the office of superintendent, the deputy may perform all the duties ot the office until the day hereinbefore fixed for the commencement of the term of said office. In case the office of both superintendent and deputy shall be vacant, the governor shall ap- point some person to perform the duties of the office until the superintendent shall be elected and his term of office commence, as hereinbefore provided. 42 NEW YORK SCHOOL LAWS. He may appoint as many clerks as he may deem necessary, but the compensation of such clerks shall not exceed in the aggregate the sum of nine thousand dollars in any one year, and shall be payable monthly by the treasurer, on the warrant of the comptroller, and the certificate of the superintendent. The superintendent shall be ex-officio a trus- tee of Cornell University and of the New York State Asylum for Idiots, and a regent of the University of the State of New York. He shall also have general supervision over the state normal schools at Brockport, Buffalo, Cortland, Fredonia, Geneseo, Oswego Pots- dam, Albany, New Paltz and Oneonta and over any other state normal school, which may hereafter be established ; and he shall provide for the education of the Indian children of the state, as required by chapter seventy-one of the laws of eighteen hundred and fifty-six. The institution for the instruction of the deaf and dumb, the New York institution for the blind, and all other similar institutions, incorporated, or that may be hereafter incor- porated, shall be subject to the visitation of the superintendent of public instruction, and it shall be his duty : NEW YORK SCHOOL LAWS. 43 1. To inquire, from time to time, into the expenditures of each institution, and the sys- tems of instruction pursued therein, respec- tively. 2. To visit and inspect the schools belong- ing thereto, and the lodgings and accommo- dations of the pupils. 3. To ascertain, by a comparison with other similar institutions, whether any im- provement in instruction and discipline can be made ; and for that purpose to appoint, from time to time, suitable persons to visit the schools. 4. To suggest to the directors of such in- stitutions and to the legislature such improve- ments as he shall judge expedient. 5. To make an annual report to the legisla- ture on all the matters before enumerated, and particularly as to the condition of the schools, the improvement of the pupils, and their treatment in respect to board and lodging. So often as he can, consistently with his other duties, he shall visit such of the com- mon schools of the state as he shall see fit, and inquire into their course of instruction, management and discipline, and advise and encourage the pupils, teachers and officers thereof. 44 NEW YORK SCHOOL LAWS. He shall submit to the legislature an annual report containing : 1. A statement of the condition of the com- mon schools of the state, and of all other schools and institutions under his supervis- ion, and subject to his visitation as superin- tendent. 2. Estimates and accounts of expenditures of the school moneys, and a statement of the apportionment of school moneys made by him. 3. All such matters relating to his office, and all such plans and suggestions for the improvement of the schools and the advance- ment of public instruction in the state, as he shall deem expedient. He may grant under his hand and seal of office, a certificate of qualification to teach, and may revoke the same. While unrevoked, such certificate shall be conclusive evidence that the person to whom it was granted is qualified by moral character, learning, and ability, to teach any common school in the state. Such certificate may be granted by him only upon examination. Upon cause shown to his satisfaction, he may annul any certificate of qualification NEW YORK SCHOOL LAWS. 45 granted to a teacher by a school commissioner, or declare any diploma issued by the state normal schools ineffective and null as a qualifi- cation to teach a common school within this state, and he may reconsider and reverse his action in any such matter. Whenever it shall be proven to his satisfac- tion, that any school commissioner, or other school officer, has been guilty of any willful violation or neglect of duty under this act, or any other act pertaining to common schools, or of willfully disobeying any decision, order or regulation of the superintendent, the super- intendent may, by an order under his hand and seal, which order shall be recorded in his office, remove such school commissioner or other school officer from his office. He shall prepare suitable registers, blanks, forms and regulations for making all reports and conducting all necessary business under this act, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due execution of their duties by school officers, to be transmitted to the officers and persons intrusted with the execution of the same. 46 NEW YORK SCHOOL LAWS. DUTIES OF THE DISTRICT CLERK AND LIBRARIAN. It shall be the duty of the clerk of each school district : 2. To record the proceedings of his district in a book to be provided for that purpose by the district, and to enter therein true copies of all reports made by the trustees to the school commissioner. 2. To give notice, of the time and place of holding special district meetings called by the trustees. 3. To affix a notice in writing of the time and place of any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least four of the most public places of such district, at least five days before the time appointed for such adjourned meeting. 4. To give the like notice of every annual district meeting. 5. To give notice immediately to every per- son elected or appointed to office of his elec- tion or appointment ; and also to report to the town clerk of the town in which the school- house of his district is situated, the names NEW YORK SCHOOL LAWS. 47 and post-office address of such officers, under a penalty of five dollars for neglect in each instance. 6. To notify the trustees of every resigna- tion duly accepted by the supervisor. 7. To keep and preserve all records, books and papers belonging to his office and to de- liver the same to his successor. For a refusal or neglect so to do, he shall forfeit fifty dol- lars for the benefit of the district, to be recov- ered by the trustees. 8. In case his district shall be dissolved, to obey the order of the commissioner or com- missioners as to depositing the books, papers, and records of his office in the town clerk's office. 9. To attend all meetings of the board of trustees when notified and keep a record of their proceedings in a book provided for that purpose. 10. To call special meetings of the inhab- itants whenever the trustees of the district shall have vacated their office. The librarian shall have the charge and supervision of the district library. 48 NEW YORK SCHOOL LAWS, COLLECTOR. Within such time, not less than ten days, as the trustees shall allow him for the purpose, the collector, before receiving the first war- rant for the collection of money, shall execute a bond to the trustees, with one or more sure- ties, to be approved by a majority of the trus- tees, in such amount as the district meeting shall have fixed, or if such meeting shall not have fixed the amount, then in such amount as the trustees shall deem reasonable, condi- tioned for the due and faithful execution of the duties of his office. The collector is the treasurer of the dis- trict, and pays out its moneys only on written orders of the trustees. He should not pay moneys to the trustees. A collector is responsible for any loss to the district caused by his own neglect of duty. The collector shall keep in his possession all moneys received or collected by him by virtue of any warrant, to be by him paid out upon the order of a majority of the trustees; and he shall report in writing at the annual meeting, all his collections and disbursements, and shall pay over to his successor in office, NEW YORK SCHOOL LAWS. 49 when he has duly qualified and given bail, all moneys in his hands belonging to the district. PHYSIOLOGY AND HYGIENE. Provision shall be made by the proper local school authorities for instructing all pupils in all schools supported by public money, or un- der state control, in physiology and hygiene, with special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system. No certificate shall be granted to any per- son to teach in the public schools of the state of New York after the first day of January, eighteen hundred and eighty-five, who has not passed a satisfactory examination in physi- ology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. 50 NEW YORK SCHOOL LAWS. SUPERVISORS' DUTIES. It is the duty of every supervisor : To disburse the school moneys in his hands, applicable to the payment of teachers' wages, upon and only upon the written orders of a sole trustee, or a majority of the trustees, in favor of qualified teachers, or upon the order of a trustee of a separate neighborhood in favor of any teacher of a school in an adjoin- ing state, recognized by him and patronized by the inhabitants of such neighborhood. Such teacher shall be deemed a qualified teacher. To disburse the library moneys upon, and only upon the written orders of a sole trustee, or a majority of the trustees. In the case of a union free school district, to pay over all the moneys apportioned there- to, whether for the payment of teachers' wages, or as library moneys, to the treasurer of such district, upon the order of its board of education. To keep a just and true account of all the school moneys received and disbursed by him during each 'year, and to lay the same, with proper vouchers, before the board of town auditors at each annual meeting thereof. NEW YORK SCHOOL LAWS. 5 1 To have a bound blank book (the cost of which shall be a town charge) and to enter therein all his receipts and disbursements of school moneys, specifying from whom and for what purposes they were received, and to whom and- for what purposes they were paid out ; and to deliver the book to his successor in office. Within fifteen days after the termination of his office, to make out a just and true account of all school moneys theretofore received by him and of all disbursements thereof, and to deliver the same to the town clerk, to be filed and recorded, and to notify his successor in office of such rendition and filing. So soon as the bond to the county treas- urer shall have been given by him and ap- proved by the treasurer, to deliver to his pre- decessor the treasurer's certifi-cate of these facts, to procure from the town clerk a copy of his predecessor's account, and to demand and receive from him any and all moneys re- maining in his hands. Upon receiving such a certificate from his successor, and not before, to pay to him all school moneys remaining in his hands, and to 52 NEW YORK SCHOOL LAWS. forthwith file the certificate in the town clerk's office. By his name of office, when the duty is not elsewhere imposed by law, to sue for and re- cover penalties and forfeitures imposed for violations, and for any default or omission of any town officer or school district board or officer; and after deducting his costs and ex- penses, to report the balances to the school commissioner. DUTIES OF THE TOWN CLERK. It shall be the duty of the town clerk of each town : Carefully to keep all books, maps, papers and records of his office touching common schools, and forthwith to report to the super- visor any loss or injury to any of them which may happen. To receive from the supervisor the cer- tificates of apportionment of school moneys to the town, and to record them in a book to be kept for that purpose. Forthwith to notify the trustees of the several school districts and separate neigh- borhoods, of the filing of each such certificate. NEW YORK SCHOOL LAWS. 53 To see that the trustees of the school districts and separate neighborhoods make and deposit with him their annual reports within the time prescribed by law, and to de- liver them to the school commissioner on de- mand ; and to furnish the school commis- sioner of the school commissioner district in which his town is situated, the names and post- office address of the school district officers re- ported to him by the district clerks. To distribute to the trustees of the school districts and separate neighborhoods, all blanks and circulars which may be delivered or forwarded to him by the state superinten- dent for that purpose. To receive from the supervisor, and re- cord in a book kept for that purpose, the an- nual account of the receipts and disburse- ments of school moneys required to be sub- mitted to the town auditors together with the action of the town auditors thereon, and to send a copy of the account and of the action thereon, by mail, to the superintendent of public instruction, whenever required by him, and to file and preserve the vouchers accom- panying the account. 54 NEW YORK SCHOOL LAWS. To receive and to record, in tne same book, the supervisor's final account of the school moneys received and disbursed by him, and deliver a copy thereof to such supervisor's successor in office. To receive from the outgoing supervisor, and file and record in the same " book, the county treasurer's certificate, that his success- or's bond has been given and approved. To receive, file and record the descrip- tions of the school districts and neighbor- hoods and all papers and proceedings deliv- ered to him by the school commissioner. The necessary expenses and disbursements of the town clerk in the performance of said duties, are a town charge, and shall be audited and paid as such. TEACHERS' INSTITUTES. After the 20th day of August, 1885, all schools in school districts and parts of dis- tricts not included within the boundaries of an incorporated city, shall be closed during the time a teachers' institute shall be in ses- sion in the same county in which such schools NEW YORK SCHOOL LAWS. 55 are situated, and in the apportionment of pub- lic school money, the schools thus closing in any school term shall be allowed the same average pupil attendance during such time as was the average during that part of the term when the school was not thus closed, and any school continuing its sessions in violation of the above provision shall not be allowed any public money based upon average pupil at- tendance during the days the school was thus kept in session. PUPIL TEACHERS. The law does not contemplate that pupil teachers shall be employed in any of the schools of this state ; but it does not prohibit one pupil from instructing another. If any school is too large to be instructed by the teacher, the trustees should provide an addi- tional teacher. Pupils might, perhaps, be al- lowed to instruct other pupils, in case they are properly qualified ; but this should not be allowed as a substitute for an adequate teach- ing force. 56 NEW YORK SCHOOL LAWS. HEALTH AND DECENCY. From and after the first day of September, eighteen hundred and eighty-seven, the board of education, or the trustee or trustees having supervision over any school district of this state, shall provide suitable and convenient water-closets or privies for each of the schools under their charge, at least two in number, which shall be entirely separated each from the other and having separate means of ac- cess, and the approaches thereto shall be sep- arated by a substantial close fence not less than seven feet in height. It shall be the duty of the officers aforesaid to keep the same in a clean and wholesome condition, and a failure to comply with the provisions of this act on the part of the trustees shall be sufficient grounds for removal from office, and for with- holding from the district any share of the public moneys of the state. Any expense in- curred by the trustees aforesaid in carrying out the requirements of this act shall be a charge upon the district, when such expense shall have been approved by the school com- missioner of the district within which the school district is located ; and a tax may be levied therefor without a vote of the district. NEW YORK SCHOOL LAWS. 57 HOLIDAYS. The legal holidays are New Year's Day, Washington's Birthday, Decoration Day, Fourth of July, General Election Day, Thanks- giving Day and Christmas Day. A teacher cannot make up lost time by teaching on holidays without the consent of the trustee. MISCELLANEOUS. The enumeration of children of school age, over five and under twenty-one years of age, residing in the district, shall be taken on the thirtieth day of June in each year. By the laws of 1875 it is required that free instruction in industrial or free hand drawing shall be given in each of the state normal schools, in public schools in cities, and in union free schools. All officers who shall employ any teacher to teach in any of the public schools, shall at the time of such employment, deliver to such teacher a writing signed by said officer detail- ing the agreement, the length of the term of employment, amount of compensation, and the time or times when such compensation shall be due and payable. Ti(e EHucatlonal Bazette. Newsy, Progressive, Practical, Contains Opinions of Eminent Thinkers, Contributed Articles from Able Educators, Department Work adapted to the different grades of Schools, Methods of Teaching, School Management, Editorials, Discussions of Current Topics, Educational News, Kinder- garten, Choice Literature, etc. Price, $1.00 a Year. Single Copies, loc. ALVIN P. CHAPIN, Editor, \]Jort\) tu/ie(^ its <^05t to apy Ji^a^^t^^r SEND STAMP FOR SAMPLE COPY. LEADING PAPER OF ITS KIND IN THE STATE. SUBSCRIBE AT ONCE. EDUCATIONAL &AZETTE CO., Publishers, f\ "©e^criptiVe ©eo^rGipl^y OF" IS|eW Vorl^ ^tc^te, WITH HISTORICAL AND EDUCATIONAL NOTES, By LEVI N. BKKBK, The Most Complete Work of the Kind That Has Ever Been Written. UP TO DATE. FRESH FROM THE PRESS. One edition for pupils and another for teachers. The pupil's edition should be in the hands of all elementary classes in geography. No teacher can afford to be without the teacher's edition. It is finely illusti'ated and handsomely bound. Teacher's Edition, 110 p., 40c.; Pupil's Ed., 98 p., 30c. Sent by mail to any address on receipt of price. EDUCATIONAL GAZETTE CO., Publisbers, KOOHESTEili, IT. "X". Every ^^ Xeacher IN THE STATE OF JiHV^ VOHK IS NOW SPECIALLY INTERESTED IN THE Uniform Examinations for Teachers' Licenses. We now have ready for delivery, all the questions used at these examinations, from the beginning up to the present time. The answers to these questions are also published in the same volume. Every teacher in the State of New York should have a copy of this book 7WW, as it furnishes the greatest possible assistance in passing these examinations. It is the most valuable question book ever published. Handsomely Bound, in Iieatherette. Sent, post- paid for One Dollar. EDUCATIONAL GAZETTE CO., Rochester, K. Y. Topical .*. Gkooraphy, WITH METHODS AND SUPPLMENTARY NOTES. BY IDA L. GRIFFIN, School Commissioner, Third District of Oswego Co., N. Y. This is a Complete Manual of Geography, covering the entire subject. It outlines in detail What Should be Taught, When It Should be Taught, and How It Should be Taught. In addition to this a large number of Supplementary Notes are given, which are of inestimable value to the teacher. Miss Grif- fin is a graduate of the Oswego State Normal School, and in the preparation of this work has had the assistance of the teachers of this subject in that school. It is the most complete and helpful guide in teaching the sub- ject that has ever been written. Every teacher who gives instruction in geography should have a copy. 142 pages, handsomely bound. Price, .50 cents. EDUCATIONAL GAZETTE CO,, Publishers. Eochester, N. 7. RECREATIOBS • IN • GEOGRAPHY • AND • HISTORY, By Prof. D. C. IVIURPHY, Instructor of Teachers' Institutes in the State of Pennsylvania. This is a book that every teacher will want. It is packed full of interesting information and suggestive helps in these two subjects It is worth five times its price to any person teaching either of these subjects. Handsomely bound in cloth. Sent postpaid to any address for 75 cents. Educational Gazette Co., Publishers, Rochester, N. Y. Outline Studies in Physiology, By EDWARD HAYWARD, A.M., Supt. of Schools, Clyde, N. Y. Just what every teacher of this subject needs. A valuable guide to the teaching of this important subject. It is recommended for the use of teachers by Prof C. E. Haw- kins, Inspector of Teachers' Classes of the State of New York. Handsomely bound in Leatherette, with Gilt Stamp. Sent postpaid to any address on receipt of 20c. Address, EDUCATIONAL GAZETTE CO., Rochester, N. Y. ::/^" '%5::- LIBRARY OF CONGRFcq S' mmmimi 0020312 176 3 -///t? V/J;/'?'?;.