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HA-l^DBOOK 
 
 FOR 
 
 SCHOOL TRUSTEES 
 
 OF THE 
 
 STATE OF NEW YORK 
 
 GIVING IN CONTENIENT TOKM AN EPITOM OF THE 
 
 CONSOLIDATED SCHOOL LAW 0¥ 1894 
 
 WITH REFERENCES TO THE 
 
 CODE OF PUBLIC INSTRUCTION 
 C. W. BARDEEN 
 
 SCHOOL BUULETIN .<5v^^- ^j , R/b.T^'^^ 
 
 EDITOR OF THE 
 
 op WASH^^ 
 
 *:''^ ~ 
 
 )^1(tU^ 
 
 ^ ^»« 
 
 SYEACUSE, N". Y. 
 
 C. W. BARDEEN, PUBLISHER 
 1894 
 
 Copyright, 1894, by C. W. Basdmem 
 
e 
 
 
 ^ 
 
 <^'' 
 
 y 
 
PREFACE 
 
 The Consolidated School Law which went into 
 effect on July 1, 1894, makes so many important 
 changes that it must as soon as possible be made 
 thoroughly famihar by every teacher and school 
 officer. But it makes a pamphlet of 135 pages, and 
 it expresses everything with the verbose exactness 
 of legal phraseology, so that it is not always easy at 
 first reading to see just what is meant, and it is 
 often difficult to find just what is wanted. 
 
 So this Handbook has been prepared, which ar- 
 ranges the law by subjects, putting what is most im- 
 portant in large print and giving the minor details 
 m notes, so that the gist of the law may be seen at 
 a glance, and then the minor matters looked up as 
 needed. Keference is given for every statement to 
 the law itself, and references are given to the new Code 
 of Public Instruction, which has been placed in every 
 district in the State, but which except through the 
 references in this Handbook cannot be used in con- 
 nection with this law. 
 
 The differences between district and union schools 
 are pointed out in detail, and all needed directions 
 are given for establishing an academic department 
 
IV PREFACE 
 
 under the Eegents of the University, with the law 
 pertaining to the Regents' schools. The Tabular 
 Analysis will be found helpful for class use, and 
 the Index is unusually comprehensive. In short I 
 have spared no j^ains to make this a complete and 
 convenient manual of New York school law, accu- 
 rate and thoroughly up to date. 
 
 C. W. Bardeen. 
 Syracuse J Aug. 25, 1894. 
 
CONTENTS 
 
 State Superintendent 9 
 
 State School Moneys 9 
 
 Supervisor 12 
 
 Town Clerk 13 
 
 School Commissioner 14 
 
 City and Village Superintendents 18 
 
 Annual and Special District Meetings 19 
 
 District Clerk 24 
 
 District Collector 25 
 
 District Treasurer 28 
 
 Trustees 28 
 
 Union Free Schools 50 
 
 Normal Schools 70 
 
 Indian Schools ". 72 
 
 Institutions for the Deaf and Dumb, and for 
 
 the Blind 72 
 
 Cornell Scholarships 73 
 
 University op the State of New York 74 
 
 (V) 
 
REFERENCES 
 
 References to the Consolidated School Law of 1894 are indi- 
 cated by small figures in jDarenthesis, the Roman number giving 
 the title, the first arable number the section, and the second 
 arable number the subsection. Thus (i 2) indicates 1st title, 2d 
 section ; (xi. 1-7) indicates 11th title, first seven sections ; (ii, 13, 
 5 ; xiii, 1) indicates 2d title, 13th section, subsection 5 , and 13th 
 title, section 1. 
 
 When an arable number is separated from the preceding by a 
 comma instead of a period, it indicates an additional section or 
 subsection. Thus, (vii. 13, 15) indicates 7tli title, 13th and 15th 
 sections ; (vii. 14. 4, 5) indicates 7th title, 14th section, subsections 
 4 and 5. 
 
 Some of the titles are in the law subdivided into articles, but 
 these are not distinguished in the references, since they do not 
 interfere with the paragraphing. 
 
 References to the Code of Public Instruction, last edition 
 (1887), are indicated by italic numbers. Thus (xiv. 1 ; 492-504, 
 557) means 14th title, 1st section ; and pages 492-504 and 557 of 
 the Code of 1887. 
 
 This Code is a volume of 1075 pages, bound in full leather, 
 and giving the explanations and decisions of the State Depart- 
 ment. It is still the authority upon all points except where the 
 law has been changed, and by means of this Handbook is made 
 readily available. Copies may be had of the publisher of this 
 volume at $2.50 each. 
 
 Copies of the Consolidated School Law may be had free by 
 addressing the Department of Public Instruction, Albany, N. Y» 
 
 (vll) 
 
HANDBOOK FOR SCHOOL TRDSTEES 
 
 SUPERINTENDENT OF PUBLIC INSTRUCTION 
 
 Election. — Is elected by joint ballot of the Legisla- 
 ture ; his term of office is for three years, commencing 
 on the 7th of April next after an election thereto, 
 with a salary of $5,000 a year (i. 2). 
 
 He is ex officio a regent of the university, and a 
 trustee of Cornell University and of the New York 
 State Asylum for Idiots (i. 6). He has entire charge 
 of teachers' institutes, for the maintenance of which 
 $30,000 a year is appropriated (x. 1-8) ; and of train- 
 ing classes, for which $60,000 a year is appropriated 
 (xi. 1-7 ; 657). 
 
 Appeals. — In case of an appeal to him from any 
 act or decision pertaining to common schools, his 
 decision shall be final, and not subject to review in 
 any court (xiv. 1 ; 4,92-504., 557). 
 
 THE STATE SCHOOL MONEYS 
 
 Hoiv made up. — (a) The State tax authorized each 
 year by the legislature (ii. 1) ; (6) such portion of 
 the U. S. deposit fund as shall be appropriated ; and 
 (c) the income of the common school fund, constitute 
 the State school moneys (ii. 4). 
 
 (9) 
 
10 STATE SCHOOL MONEYS 
 
 Holu apportioned by the superintendent. — On or be- 
 fore the 20th day of January in each year the super- 
 intendent shall set apart : 
 
 (1) The amounts required for salaries of {a) com- 
 missioners ; and {h) superintendents (see page — ) ; 
 
 (2) Such sums as may be appropriated by the 
 legislature for library moneys ; 
 
 (3) A contingent fund of $6,000 ; 
 
 (4) A sum for the Indian schools equivalent to 
 their proportion upon the basis of distribution (ii. 5) ; 
 
 (5) The sum of $100 to each district for every 
 qualified teacher who has been employed 160 days 
 (ii. 6). 
 
 Note 1,— Where thei*e has been change of teachers, a succession of 
 qualified teachers entitles the school to its distributive quota (ii. 6). 
 
 Note 2.— Pupils employed to teach, as monitors or otherwise, do not 
 entitle to teachers' quota (ii. 6). 
 
 Note 3.— The 160 days include legal holidays but exclude Saturdays. No 
 school shall be in session on a legal holiday (ii. 6). The legal holidays in New 
 York are Jan. 1 ; Feb. 22 ; May 30 ; July 4 ; the first Monday in Sept,; Dec. 
 25 ; each general election day, and each day appointed by the President or 
 by the Governor for thanksgiving, fasting and prayer, or other religious ob- 
 servance. When a holiday falls on Sunday, the following day is a holiday 
 ( Chap. 677, laws of 189'2). 
 
 Note 4.— The superintendent shall excuse a deficiency not exceeding 3 
 weeks in any school year caused by a teacher's attendance upon an institute 
 within the county (ii. 6). 
 
 He shall then aj)portion the remainder of the 
 school moneys, and the library moneys separately 
 among the counties of the State according to popu- 
 lation, excluding Indians. 
 
 Note.— In counties containing cities having school acts, the part to 
 which a city is entitled is apportioned to it separately. 
 
 How apportioned by commissioners, — On the 3d 
 
HOW APPORTIONED 11 
 
 Tuesday of March, the commissioners of each coun- 
 ty shall meet at the county seat, and apportion the 
 school monej^s as follows : 
 
 They shall (a) set apart and apportion the library 
 moneys ; (b) credit to each district the amount appor- 
 tioned by the superintendent ; (c) add to the remain- 
 der any unexpended school moneys in the hands of 
 the supervisors (vii. 54) ; (d) apportion the amount 
 among the districts in proportion to the aggregate 
 days of attendance ; (e) send to the county treasurer 
 and superintendent duplicate certificates showing the 
 amounts apportioned to each school district ; and 
 (/) certify to the supervisor of each town the amount 
 of school moneys apportioned to each district (ii. 13). 
 
 Note. — Library moneys. — They shall apportion the library money thus : 
 To each district an amount equal to that which shall have been raised in 
 said district for library purposes, by tax or otherwise; and if the aggre- 
 gate amount so raised in the districts within the county shall exceed the 
 sum apportioned to the county, the apportionment shall be 'pro rata to the 
 total amount apportioned (ii. 13. 5 ; xiii. 1-8). 
 
 Hoiij distributed by the State and county treasurers. — 
 The moneys so apportioned are payable on the 1st 
 day of April succeeding to the county treasurers (ii. 
 12), AvIlO shall, immediately on receiving the com- 
 missioners' certificate of apportionment (ii. 16), pay 
 to each supervisor the moneys apportioned to his 
 town, as soon as the supervisor shall have filed a 
 bond approved by the treasurer (ii. 17). 
 
 Note. — ^The refusal of the supervisor to give such security is a misde- 
 meanor. In such case the moneys for the town are paid to some other per- 
 l-ou d«■■^'^nfited by the county judge (ii. 18). 
 
12 SUPERVISOR 
 
 Holu distributed by the supervisor. — The supervisor 
 will pay out library moneys only upon the written 
 orders of trustees ; and school moneys for teachers' 
 wages only upon written orders of trustees: except 
 that when a collector in any district shall have given 
 bonds, or treasurer shall be elected as required by 
 law, he shall pay over such school mone^^s to such 
 collector or treasurer (iii. 4 ; vii. 14. 4, 5 ; 694,-596 , 
 659). 
 
 Note 1.— Where there is more than one ti'ustee in a district, the written 
 order must be signed by a majority of them (iii. 4). 
 
 Note 2.— In case of a union free school district the moneys both for 
 teachers' wages and for library moneys shall be paid over to the treasm-er 
 (iii. 4. 3). 
 
 SUPERVISOR 
 
 Town school treasurer. — He is the custodian of the 
 school moneys of the town (ii. 16) ; must give a 
 bond (ii. 17) ; must report to the superintendent 
 whether there be gospel or school lots and how they 
 are rented (ii. 22) ; whether the town has a common 
 school fund, and if so how it is applied (ii. 23) ; 
 sue for and recover penalties (iii. 4. 9 ; vii. 13, 15) ; 
 and act when required in the erection or alteration 
 of a school district (vi. 4 ; 535), in which case he shall 
 be paid f 1.60 a day for his services (vi. 5). If when 
 elected he is a trustee or a member of a board of 
 education he vacates that office (vii. 22 ; viii. 5). 
 
 Note 1.— When a district is dissolved he shall sell its property at auction, 
 apply the proceeds to the payment of its debts, and apportion the residue 
 among the owners of taxable property in proportion to their last assess- 
 ments (vi. 10 ; 502, 593, Gh7). He may also sue for any money of the district 
 outstanding (vi. 11). 
 
TOWN clerk: 13 
 
 Note 2.— The board of supervisors may divide a school commissioner 
 district which contains more than 200 school districts {Chap. 6S6, laws of 1892; 
 627). 
 
 Report — On the 1st Tuesday in March he shall 
 make a report in writing to the county treasurer 
 showing the amount of school moneys in his hands, 
 and the districts to which they stand accredited (iii. 
 3). 
 
 Note 1.— The supervisor is to keep a true account of all school moneys 
 received and disbursed, and lay the same with proper vouchers before the 
 board of town auditors at each annual meeting thereof (iii. 4. 4). He is also 
 to keep a record of all receipts and disbursements in a bound blank book, 
 which he shall deliver to his successor in office (iii. 4. 5). 
 
 Note 2. — Within 15 days after the tennination of his office, he is to de- 
 liver a true account of all receipts and disbursements of school moneys, and 
 deliver the same to the town clerk, etc. (iii. 4. 6 ; iv. 1. 6-8). 
 
 Failure to pay county tax. — Whenever after the 
 first day of March in any year any county has failed 
 to pay its share of the State tax, the State treasurer 
 and superintendent are authorized to make a tem- 
 porary loan to meet the deficiency, which amount 
 with interest at 12 per cent shall be added to the 
 amount of State tax and levied upon such county 
 by the board of supervisors at the next assessment 
 (ii. 3). 
 
 TOWN CLERK 
 
 Records. — Shall carefully keep all maps, papers, 
 and records of his office pertaining to common schools 
 (iv. 1 ; iii. 4, 6 ; vii. 89). 
 
 Reports of trustees. — Is to see that trustees deposit 
 with him at the proper time their annual reports, 
 and to deliver the same to the commissioner ; also, 
 
14 gcaOOL COMMISSIONElt 
 
 to furnish tlie commissioner the names and post-office 
 addresses of district officers, reported to him by dis- 
 trict clerks (iv. 4). 
 
 Alteration of boundaries,— Trustees may request 
 the town clerk and the supervisor to be associated 
 with the commissioner in deciding as to change of 
 boundaries of school districts (vi. 4 ; S^SS), in which 
 case he shall be paid $1.50 a day for his services (vi. 
 5). 
 
 SCHOOL COMMISSIONER 
 
 Election. — The term of office begins on the 1st of 
 January succeeding the election, and is for 3 years 
 (V. 4). 
 
 Note.— The yeai'S of election are 1896, 1899, etc., except in the second dis- 
 trict of Tompkins county, where they are 1895, 1898, etc. 
 
 Qualifications. — The candidate must be (a) of full 
 age, (&) a citizen of the United States, (c) a resident 
 of the State and (d) of the county in which the dis- 
 trict is situated. A trustee or member of a board of 
 education vacates that office when elected commis- 
 sioner (vii. 22 ; viii. 5) ; and a commissioner must 
 not engage in teaching during his term of office 
 (6^7). No person is deemed ineligible on account of 
 sex (v. 3). 
 
 Salary. — An annual salary of $1,000 is paid him 
 from the State school moneys. This may be in- 
 creased by action of the board of supervisors. An 
 allowance of $200 a year is also made by the county 
 for expenses (v. 7-9). 
 
MISCELLANEOtJS DUTIES 15 
 
 Removal. — If be persistently neglects to perform 
 his duties his salary may be forfeited (v. 10) : and 
 he may be removed by the superintendent for wil- 
 ful violation of duty, or for wilfully disobeying any 
 decision, order, or regulation of the superintendent 
 (i. 13). If he is engaged directly or indirectly as 
 publisher or seller of school books, or in making or 
 selling school apparatus ; or if he receives any gift 
 or reward or promise for his influence in securing 
 the sale among schools of books or furniture, he com- 
 mits a misdemeanor and may be removed from office 
 (V. 12). 
 
 Apportionment — The commissioners of each coun- 
 ty shall meet at the county seat on the 3d Tuesday 
 of March in every year, to apportion the school 
 moneys of county among the different districts (ii. 
 12). See pages 10, 11. 
 
 Visitation. — Shall visit schools in his district as 
 often as practicable each year, and make inquiries of 
 all matters relating to the schools, and their man- 
 agement, and the condition of the school property ; 
 and recommend to trustees and teachers the proper 
 course of instruction, management, discipline, and 
 studies for the school (v. 13. 2). 
 
 Condemnation of schoolhouses. — If he deems a 
 schoolhouse wholly unfit for use he may condemn 
 it, under written order taking effect immediately 
 (vi. 13.4 ; 629, 630, 636, 637). 
 
16 SCHOOL COMMISSIONER 
 
 Note.— He has also the power to direct the trustees (a) to make any re- 
 pairs or alterations on the schoolhouse or out-buildinf?s which shall, in his 
 opinion, be necessary for the health or comfort of the pupils at an expense 
 not to exceed $200, unless more shall be voted by the district (637) ; (b) to re- 
 pair or replace the school-furniture at an expense not to exceed $100 in any 
 one year, (c) He may also direct the abatement of any nuisance on the prem- 
 ises when the cost is not more than $25 (v 13.3). He is to approve of plans 
 for school-buildings (vii. 17 ; 630), and of change of site (vii. 19). He has no 
 power to condemn a schoolhouse site (655). 
 
 Examination of teachers. — Is to examine persons 
 proposing to teach common schools in his district, 
 who do not possess a State certificate or a normal 
 school diploma, and to grant licenses to those found 
 to be qualified (v. 13. 5). 
 
 Note.— He may have the use of any school-building in his district for 
 holding examinations (v. 16). 
 
 Annulment of licenses. — He is to examine any 
 charge afi'ecting the moral character of any teacher 
 within his district, and if he finds the charges sus- 
 tained to annul the teacher's license (v. 13. 6). 
 
 Note.— He also has the power to take affidavits, administer oaths, and 
 issue subpoenas, when directed by the superintendent to take testimony in 
 cases of appeal (v. 14). 
 
 Teachers' classes. — Teachers^ classes, organized in 
 any academy or union school by appointment of the 
 superintendent, are subject to the visitation of the 
 commissioner ; it is his duty to advise and assist the 
 principal of such school in the organization and 
 management, and at the close of the term to exam- 
 ine the students in such classes and to issue teachers' 
 certificates to such as show proper qualifications (xi. 
 7). 
 
 Teachers' institutes. — ^He is to make all necessary 
 
, MISCELLANEOUS DUTIES IT 
 
 arrangements for institutes wlien appointed by the 
 superintendent, and report the same (x. 2). 
 
 Note 1.— He has the right to use any school-building in the district for 
 that purpose (x. 3). 
 
 Note 2.— All schools in the distinct must be closed during the institute ; 
 except that union free school districts having a population of more than 
 5,000 and employing a superintendent may be closed or not at the option of 
 the board of education (x. 4). The schools thus closed shall be allowed tlie 
 same average pupil attendance for the week of the institute as for the wetik 
 preceding, and any school failing to close shall receive no public money 
 based upon the aggregate attendance during institute week (x. 5). Wilful 
 failure to close the school during institute week is sufficient cause for with- 
 holding the public monej'^s (x. 6). 
 
 Note 3. — All teachers Employed or under contract to teach in the dis- 
 trict shall attend the institute and shall receive wages for the time in attend- 
 ance (x. 4). 
 
 District boundaries. — Shall ascertain from time to 
 time if the boundaries of school districts are defin- 
 itely described in the records of the proper town 
 clerks ; in case they are found defective, or are in 
 dispute, shall cause them to be amended, or an 
 amended record to be made (v. 13. 1 ; vii. 1, 3, 4 ; 
 639). 
 
 May alter the boundaries of any district with the 
 written consent of the trustees of the districts afPected 
 (vi. 2 ; vii. 1, 3, 4 ; 2U-^o7, 631-53^, 5^0-563). 
 
 Note 1.— If the trustees of any such district refuse to consent, he may 
 make and file with the town clerk his order making the change ; but direct- 
 ing that it shall not take effect till a specified day not less than three months 
 after giving notice to the trustees as given below (vi. 3). 
 
 Within ten days after filing such order, he shall give to one or more of 
 the assenting and the dissenting trustees of any district affected by the 
 change, at least a week's notice in writing, that, at a named time and place 
 within the town, he will hear the objections to the alteration. The trustees 
 of any such district may request the supervisor and town clerk to be associ- 
 ated with the commissioner ; the decision made, whether the order directing 
 the change shall be confirmed or annulled, is final, unless duly appealed 
 from (vi. 4 ; 53U-539). 
 
18 Village superintendents 
 
 Note 2.— Union, free sclwol districts.— "Rq may alter the boundaries of any 
 union free school district whose limits do not correspond with those of a city 
 or an incorporated village in like manner as of common school districts ; 
 but no district shall be altered or divided which has any bonded indebted- 
 ness outstanding (v. 6 ; 550). 
 
 Note S.— Dissolved disti^icts. — The commissioner shall order the clerk of 
 a dissolved district to deposit the books, papei's, and records of the district 
 in the town clerk's office, filing a duplicate of the order with the town clerk 
 (vi. 13). The dissolved district must continue to hold meetings for the sake 
 of paying its just debts (vi. 12). For distribution of its property, see vi. 
 10; 593. 
 
 Note 4.— The inhabitants of a district have no power to annul it (580), or 
 to vote that no school be held {617). 
 
 Reports. — On August 1 he shall make a report to 
 the superintendent, procuring from the town clerk's 
 office the reports of the trustees, and after abstract- 
 ing the necessary contents, indorse and deposit them 
 with a copy of his abstract in the county clerk's 
 office (v. 16 ; ^00). 
 
 CITY AND VILLAGE SUPERINTENDENTS 
 
 Limit of population. — In ai\y incorporated village 
 or union school district having a population of 5,000 
 or upw^ard, the board of education may appoint a 
 superintendent of schools, to be under their direc- 
 tion, with powers and duties prescribed by them. 
 He shall be paid from the teachers' fund a salary to 
 be fixed by a majority vote. Such superintendent 
 shall entitle the district to receive $800 a year from 
 the free school fund (viii. 17 ; ii. 5). 
 
 Note 1.— Itis for the State superintendent to determine by causing the 
 enumeration to be made whether the district really has a population of 5,000 
 (ii. 5 ; viii. 17). 
 
 Note 2.— Cities entitled to more than one member of assembly receive an 
 additional $500 for each additional member of assembly (ii. 5). 
 
iSCHOOL MEETIK^GS 19 
 
 Note 3.— The time of the superintendent must be exclusively devoted to 
 general supervision (ii. 5). He cannot act at the same time as teaclier. 
 
 ANNUAL AND SPECIAL MEETINGS 
 
 Time and place. — The annual meeting shall be 
 held on the first Tuesday in August each j^ear, and 
 unless the hour and place thereof shall have been 
 fixed by a vote of a previous district meeting, the 
 same shall be held in the schoolhouse at 7J o'clock 
 in the evening (vii. 8 ; 197, 517, 570-578). 
 
 Note 1.— When the time for the annual meeting shall pass without a 
 meeting being held, and the trustees or clerk shall not call a special meeting 
 within 20 daj^s thereafter, the school commissioner or superintendent may- 
 order a meeting at which the annual reports shall be made and officers 
 elected (vii. 9, 15 ; 5Sk). 
 
 Note 2.— The proceedings may be set aside if the attendance was too 
 small to make its action fairly represent the wishes of the district {5S2). 
 
 Districts of 300 children. — Districts where the 
 number of children of school age exceeds 300, as 
 shown by the last annual report of the trustees, 
 may by a majority vote at any annual meeting 
 determine that the election of officers shall there- 
 after be held by ballot on the Wednesday next fol- 
 lowing the first Tuesday in August each year, 
 between 12 o'clock noon- and 4 o'clock in the after- 
 noon, at the principal schoolhouse, or at such other 
 suitable place as* the trustees may designate on due 
 notice (vii. 15). 
 
 Note 1.— The annual meeting in such districts shall be held as usual on 
 Tuesday evening, when all business, except the election of officers, shall be 
 transacted (vii. 8). 
 
 Note 2.— This paragraph does not apply to cities, nor to union free 
 school districts whose boundaries correspond with those of an incorporated 
 village, uor to any district organized under a special act prescribing the 
 
20 SCHOOL MEETINGS 
 
 manner of the election of officers, nor to the counties of Erie, Kichmond, St. 
 Lawi'ence, Suffolk, Warren, and Westchester (vii. lo). 
 
 Note 3.— When the place of election is other than the schoolhouse, the 
 trustees shall give notice thereof at least one week before, by poslliiy: the 
 same in five conspicuous places in the district, or by publisliiug it in a local 
 newspaper (vii. 15). 
 
 Note 4.— The trustees may by resolution extend the time of holding the 
 election from four o'clock till sunset (vii. 15). 
 
 Special oneetings. — -To call a special meeting, a 
 notice shall be duly served upon each inhabitant 
 entitled to vote, at least five days before the meet- 
 ing ; the notice shall state the purposes for which 
 the meeting was called and no other business shall 
 be transacted (vii. 6 ; S7S, 579, 581^, 61^6), 
 
 Note.— The notice shall be read in the hearing of each qualified voter 
 or, if he is absent from home, a copy shall be left at least six days before 
 the meeting, stating the time, place, and object of the meeting (vii. 2 ; 579). 
 
 But unless it shall appear that an omission to 
 give due notice to all such voters was wilful and 
 fraudulent, no proceedings shall be held illegal for 
 want of such notice (vii. 7 : 588, 64-(^). 
 
 Note.— The proceedings of any meeting may be set aside where the pro- 
 ceedings were so turbulent and disorderly as to prevent a fair espi*ession of 
 opinion {5S9), or where records of tlie meetings were not properly kept (591). 
 But the meeting is not bound by strict parliamentary rules, and makes its 
 own (573). 
 
 Qualification of voters. — Every person, man or 
 woman, (a) of 21 years of age, {h) who has resided 
 in the district for the proceeding 30 days, (c) a citi- 
 zen of the United States ; and (1) Avho owns or hires 
 or holds under contract to purchase real property in 
 such district liable to taxation for scliool purposes 
 {790), or (2) who is a parent of a child of scliool age 
 that has attended the district school at least 8 weeks 
 
QUALIFICATIONS OF VOTERS 21 
 
 within one year preceeding ; or (3) who has perma- 
 nently residing Avith him or her any such child ; or 
 (4) who owns and was assessed on the last preceding 
 assessment roll of the town exceeding $50 of per- 
 sonal property, exclusive of such as is exempt from 
 execution, and no other, shall be entitled to vote at 
 any school meeting, and may vote upon all questions 
 brought before the meeting, including propositions 
 to raise money by tax {638) (vii. 11). 
 
 Note 1.— The voter must have aU the qualifications (a), (5), (c), and 07\e 
 of the qualifications (1), (2), (3), (4). An alien is no longer permitted to vote. 
 See 187, 528, 788-791. 
 
 Note 2.— Under (2) both father and mother are entitled to vote. 
 
 Note 3. — ^Under (3) only one person, the head of the household, is entitled 
 to vote. Therefore where husband and wife residing together have such a 
 child residing with them, the wife is not on that account entitled to vote. 
 
 Note 4.— Under (1) a man does not become eligible through real estate 
 owned by his wife (791). 
 
 Note 5. — No person shall be deemed ineligible to vote at any district 
 meeting or to serve as any school officer, by reason of sex, who has the 
 qualifications required by law (vii. 11 ; 791.) 
 
 Illegal voting. — Any person .offering to vote at 
 school meeting, uj)on being challenged as unqualified 
 by any legal voter, shall be permitted to vote (S2^) on 
 making this declaration : *' I do declare and affirm 
 that I am an actual resident of this school district 
 and that I am qualified to vote at this meeting." 
 If the person refuses to make this declaration, the 
 vote of such person shall be rejected, (vii. 12, 16.) 
 
 Note. Any person who, upon being so challenged, shall wilfully make 
 a false declaration of his or her right to vote at such election is guilty of a 
 misdemeanor. Any unqualified person who shall vote, though not chal- 
 lenged, shall forfeit the sum of $5.00, if it be at an ordinary district meeting 
 (vii. 13, ), or of $10 if it be an election held on the Wednesday following 
 the annual meeting (vii. 15), to be sued for by the supervisor for the benefit 
 of the district (vii. 13, 15). See Penal Code 41 k. 5, 18. 
 
22 SCHOOL MEETINGS 
 
 Poivers of school meeting. — The inhabitants may 
 by majority of the votes of those present (vii. 4) : 
 
 (1) Appoint a chairman {191). 
 
 (2) In the absence of the clerk appoint a clerk 
 pro tern. 
 
 Note.— At the annual meeting, the next business is the presentati<jn of 
 the annual reports of trustees, collector, and treasurer (vii. 35, 86). Tlie 
 trustees then, present statement of the money needed for teachers' wages, 
 fuel, repairs, insurance, furniture, library, etc. (vii. 14), and the meetJnj? 
 takes action upon it. This should precede election.— iSuperinienamCs 
 Circular of Infm^mation, July 5, 1894 ; h07). 
 
 (3) Adjourn from time to time as needed {192 , 
 572, 577, 751). 
 
 (4) Elect by ballot (a) trustee or trustees, {h) dis- 
 trict clerk, (c) district collector, and if so determined 
 by the district {d) a treasurer {515-529). 
 
 Note 1.— No school commissioner or supervisor may be trustee, and no 
 person can hold two district offices at the same time {,1+19, 51S, 785, 786). Every 
 district officer must be a resident of the district, qualified to vote at its 
 meetings, and able to read and write (vii. 22, 23). The treasurer must also 
 be a taxable inhabitant (vii. 14. 5). If the candidate receiving a majority is 
 found to be ineligible, a new election must be had {525). The trustee must 
 not be the teacher of the district {7UU, 765). 
 
 Note 2.— The term of office of all district officers is one year, except that 
 where there are three trustees the term is for three years, and in changing 
 from one trustees to three, one trustee is elected for two years. But dis- 
 trict officers hold office until their successors are elected or appointed (vii. 
 24). In a newly-created district the terms of the officers elected expire on 
 the 1st Tuesday of August next thereafter (vii. 25). 
 
 Note 3.— It requires a majority vote to elect ; that is the candidate must 
 receive more votes than all the other candidates together (vii. 14. 4 ; 511, 52U). 
 
 Note 4.— Formerly election by ballot was required only in union school 
 districts {517, 521, 526), but it is now required in all districts (vii. 14. 4). 
 
 (5) Determine to have a treasurer. 
 
 (6) Fix the amount of bonds of the collector and 
 of the treasurer. 
 
POWERS 23 
 
 (7) Designate sites for a schoolhouse {273-287 ^ 
 581, 6^1). 
 
 Note 1.— The final designation can be made only at a special meeting: of 
 the district duly called for the purpose by a written resolution in which the 
 proposed site is described. 
 
 Note 2.— While the district remains unaltered, the site cannot be changed 
 without wi'itten consent of the commissioner and a majority vote of the dis- 
 trict (vii. 19 ; 276, 6U3-657). The old site may then be sold (vii. 20). 
 
 Note 3.— For acquisition of site by condemnation, see ix. 1—5. 
 
 (8) To vote a tax for purchasing,, leasing, and 
 improving such site {258-264,, ^^6). 
 
 Note 1.— No tax exceeding $500 for a schoolhouse can be levied unless 
 the commissioner shall certify his approval (A59, 568), nor shall the house be 
 built till the commissioner shall approve in writing the plan of ventilating, 
 heating, and lighting (vii. 17 ; 639). 
 
 Note 2.— By a majority vote, the money for school building may be 
 raised by instalments, not to extend more than 20 years. The trustees may 
 then borrow at not more than 6 per cent., and issue bonds (vii. 18). 
 
 Notes.— The district is not limited as to the amount it may pay for a 
 site (C42). 
 
 Note 4.— The district must purchase the site. A perpetual lease will 
 not be permitted (650, 685). 
 
 Note 5.— All voting upon questions that involve the expenditure of 
 money or the levying of tax must be by ballot, or by taking and recording the 
 ayes and noes (vii. 14. 18). 
 
 Note 6.— A meeting may Avithin proper time increase, diminish, or 
 rescind the action of a former meeting to build a schoolhouse (587). 
 
 (0) To vote a tax not exceeding $25 in any one 
 year for the purchase of maps, globes, and school 
 apparatus, and for the purchase of text-books and 
 other school necessaries for the use of poor scholars 
 of the district (WS). 
 
 Note 1.— This section does not authorize the adoption of free text- 
 books (193). 
 
 (10) To vote a tax for a school library. 
 
 (11) To vote a tax to supply deficiency from what 
 has proved iijcQllectible of a former tax {19S). 
 
24 DISTRICT CLERK 
 
 (12) To authorize the trustees to have the school 
 property insured by any insurance company created 
 by or under the laws of this State. See vii, 47. 7 ; 
 ^66. 
 
 (13) To alter repeal and modify their proceedings 
 as needed {19S). 
 
 (Ir4) To vote a tax for a book to record the pro- 
 ceedings {194). 
 
 (15) To vote a tax to replace moneys lost or 
 embezzled by district officers, and to pay expenses 
 of law suits {195). 
 
 (16) To vote a tax for teachers' wages. 
 
 (17) To vote a tax to pay judgments against the 
 district {745-74.7, 752, 754-756). 
 
 Note 1.— When the court shall certify that school officers have acted in 
 good faith and where the matter might have been appealed to the superin- 
 tendent, no costs in actions at law shall be allowed to plaintiff (xv. 3). 
 When school of&cers have been instructed by the district to bring or defend 
 an action, their costs and reasonable expenses shall be a district charge 
 (xv. 4). When they have brought or defended such action without vote of 
 the district, they may be reimbursed by a majority vote at a district meet- 
 ing (xv. 5). Should the district refuse, they may appeal to the county judge 
 (XV. 6). 
 
 Note 2.— In all propositions to spend or raise money, the vote shall be by 
 ballot, or by taking the ayes and noes (vii. 14). 
 
 DISTRICT CLERK 
 
 Duties. — He is (1) to record district proceedings ; 
 (2) give notice of special meetings ; (3) post notices 
 of adjourned meetings ; (4) give notice of annual 
 meeting ; (5) notify persons elected to district offices ; 
 (6) notify trustees of resignations ; (7) keep all records 
 and transfer them to his successor, or in dissolved 
 
DISTRICT COLLECTOR 25 
 
 districts (8) to the town clerk ; (9) attend and record 
 meetings of trustees ; (10) call special meetings when 
 the office of trustee is vacant ; (11) hold the records 
 02^en for insj)ection (vii. 34 ; 608-511). 
 
 Note. — The law does not permit the clerk to receiA^e pay for his sei'vices 
 {510). 
 
 Notices of election. — Shall notify in writing any 
 person elected to any district office of such an elec- 
 tion, when the person is not present at the meeting. 
 Unless a written refusal to serve is filed with the 
 clerk within 5 days thereafter, such person shall be 
 deemed to have accepted the office., (vii. 27, 34. 5). 
 
 Penalties. — If the clerk fails to deliver the records 
 to his successor, or if in a dissolved district he fails 
 on order of the commissioner to deliver them to the 
 town clerk, he forfeits $50 (vii. 13, 34). 
 
 DISTRICT COLLECTOR 
 
 Bond required. — Vacates his office by not executing 
 a bond, and the trustees may suj^ply the vacancy 
 (vii. 28). If the trustees approve the bond, they 
 shall endorse their approval thereon, and further- 
 more deliver the bond to the town clerk, who shall 
 file the same in his office, charging the district a fee 
 of 25 cents (vii. 80, 88 ; 511-5U), 
 
 Note.— He cannot legally enforce the collection of any tax unless he has 
 executed a bond to the trustees, and readers himself liable for trespass to 
 attempt to collect by Icat and sale (Letter, Sup't Rice, Nov. 13, 1865). 
 
 It is not sufficient to say that no loss has happened to the district in the 
 past for want of a bond ; the inhabitants are entitled to one as security in 
 the future {511), 
 
26 DISTRICT COLLECTOR 
 
 Vacancy. — A refusal to serve as collector creates a 
 vacancy in the office, which the trustees may fill by 
 appointment (Sup't Rice, Letter, April 10, 1854). 
 
 Note.— A verbal appointment of a collector by the trustee is invalid; the 
 appointment must be "WTitten and filed with the district clerli. (Supreme 
 Court— 1876.) 
 
 Delivery of ivarrant. — A warrant for the collection 
 of a tax voted by the district shall not be delivered 
 to the collector till the 31st day after the tax was 
 voted ; a warrant for any other tax may be delivered 
 when it is completed (vii. 78, 79). 
 
 Renewal of ivarrant. — The collector's warrant may 
 be renewed but once without the written consent of 
 the supervisor to a renewal endorsed thereon (vii. 83 ; 
 
 my 
 
 Posting notices. — On the receipt of a warrant, the 
 collector shall post notices in at least three public 
 places of the district, one of which shall be on the 
 outside of the front door of the schoolhouse, that he 
 has received such warrant, and that taxes may be 
 voluntarily paid him during the next two weeks. 
 He shall also give notice personally or by mail at 
 least 10 days before the expiration of the two weeks, 
 to the ticket-agent at the nearest railroad station of 
 any railroad assessed, and to non-resident tax-payers 
 where the amount of tax exceeds one dollar (vii. 81). 
 
 Compensation. — He shall receive 1 per cent on all 
 sums paid within two weeks of posting the said 
 notice, and 5 per cent on sums thereafter collected. 
 
DISTRICT COLLECTOR 27 
 
 In case of levy and sale, lie shall be entitled to 
 travelling fees at the rate of 10 cents a mile (vii. 81). 
 
 Enforcement of tax levy. — At the expiration of a 
 collector's warrant, if the uncollected sums be pay- 
 able by any person not residing in the district at 
 the time of making out the tax list, or who shall 
 not reside therein at the exjDiration of such warrant, 
 or if the property assessed be real estate belonging 
 to an incorporated company, and no goods or chat- 
 ties can be found whereon to levy the tax, the trus- 
 tees may sue for and recover the same in their name 
 of office (vii. 85). 
 
 May sell personal property, hut not real estate. — Is 
 under no circumstances authorized to sell real estate ; 
 but he can keep levying on personal property till 
 enough to satisfy the tax is secured. (Sup't Rice — 
 Letter April 23, 18G6.) 
 
 Note 1.— No property is exempt from levy and sale under a tax-list and 
 warrant, except certain military equipments. (Code of 1868 ; p. 191.) 
 
 Note 2.— The collector may levy upon any goods or chattels lawfully in 
 the possession of the person liable for the tax, although such person be not 
 the owner. (Code of 1868 ; p. 191. Supreme Couit— 1835.) 
 
 Money held in trust. — He shall keep in his posses- 
 sion all moneys received or collected by him, and 
 pay them out upon orders from the trustees ; and 
 he shall report in writing at the annual meeting of 
 all his collections and disbursements, and pay over 
 to his successor, when he gives bail, the moneys 
 belonging to the district. He shall also report to 
 the su|)ervisor on or before the iirst Tuesday in 
 
28 TREASURER 
 
 March of each year the amount of school moneys in 
 his hands (vii. 8Q). 
 
 He must make good to the district any moneys 
 lost by lack of proper effort to collect (vii. 87). 
 
 Unpaid taxes. — If at the expiration of a tax-war- 
 rant, any tax of real estate, or taxes upon non-resi- 
 dent stockholders in banks organized under the 
 laws of congress, shall remain unpaid, the collector 
 shall deliver to the trustees an account of the taxes 
 remaining due, with a description of the lands upon 
 the tax-list, w^ith the amount of the tax thereon, 
 and upon making oath before any officer authorized 
 to administer oaths that, after diligent efforts, he 
 has been unable to collect the same, he shall be 
 credited by the trustees with the amount thereof 
 (vii. 72). 
 
 Note.— The trustees, upon sending the account, affidavit, and their cer- 
 tificate that such account is coi-rect, to the county treasurer, shall be paid 
 the amount of the returned taxes from the county treasury (vii. 73, 74). 
 
 TREASURER 
 
 An optional office. — Any district may by a majority 
 vote elect a treasurer, as custodian and disbursing 
 officer of all ocliool moneys. He must be a qualified 
 voter and taxable inhabitant of the district (vii. 14.5, 
 35 ; iii. 4. 1). 
 
 TRUSTEES 
 
 Number. — A district having three trustees may at 
 any annual meeting decide by resolution to have but 
 one ; no election of a trustee shall be held in such 
 
TRUSTEES 29 
 
 district till the expiration of tlie terms of those then 
 in office. To change from one trnstee to three trus- 
 tees requires a two-thirds vote of those present at any 
 annual meeting (vii. 26 ; ^18), 
 
 Office vacated. — A trustee who publicly declares that 
 he will not accept or serve in the office of trustee, or 
 who neglects to attend three successive meetings of 
 the board (where districts have more than one trus- 
 tee) after due notice thereof, without a good and valid 
 excuse to the others, vacates the office (vii. 30 ; 766). 
 A duly qualified person appointed to a school district 
 office who refuses to serve shall forfeit f 5 ; or if he 
 does not refuse but neglects to perform his duties he 
 shall forfeit $10, for the benefit of the schools of the 
 district. But if his resignation be offered and ac- 
 cepted by the commissioner or the district meeting 
 there shall be no forfeit (vii. 33). 
 
 Removal. — The superintendent may remove a 
 trustee for neglect, or disobedience of orders {756- 
 762), but not for immorality {761\ or for failure to 
 agree with his associates {760). 
 
 Vacancies. — In case of death, refusal to serve, re- 
 moval from the district {787), or vacancy in the office 
 of trustee by any other cause, and no election of a new 
 trustee by a district meeting within a month there- 
 after, the commissioner may, in writing, appoint a 
 competent person, to serve until the next annual 
 meeting (vii. 29 ; 192). 
 
30 trustees: powers of 
 
 Other vacancies. — Trustees may fill vacancies in 
 other district offices by appoiutmeiit (vii. 31). 
 
 Note.— Every appointment to fill a vacancy made by the commisoner or 
 trustees, is to be filed at once with the district clerk, who shall immediately 
 notify the person appointed (vii. 32). 
 
 Board meetings. — Any trustee may call a meeting 
 of the board by giving the others at least 24 hours' 
 notice (vii. 45). 
 
 Note.— When all have been notified and two only meet, these two have 
 the powers of all three (vii. 45). Where there is a vacancy, the two have the 
 powers of all three, and if there are two vacancies, the remaining trustee 
 has the powers of all three (vii. 46). But the acts of a majority are illegal 
 when performed without notifying or consulting all three (Sup't M6rgan, 
 Nov. IG, 1848). See h23, 6U1, 5U3, 569, 713-719, 721, 7k3. 
 
 Powers and duties. — The trustees shall : 
 
 (1) Call sjDecial meetings when needed (vi. 47. 1 ; 
 183), 
 
 (2) In the absence of the clerk, give notice of 
 meetings (vii. 47. 2). 
 
 (3) Make out a tax list within 30 days after the 
 tax is voted by a district meeting {328-377). 
 
 Note 1.— The law is merely directory ; the. tax list may be made out 
 after the 30 days {32S). 
 
 Note 2.— The tax list shall contain as a heading a statement of the pur- 
 poses for which the different items of the tax are le\ied (vii. 47.3, 62). 
 
 Note 3. — The valuation of taxable property shall be ascertained, so far 
 as possible, from the last assessment roll of the town ; where it cannot be so 
 determined, or where any person shall claim a reduction of his assessment, 
 the trustees shall ascertain the true value of the property from the best evi- 
 dence in their power, giving notice to the persons interested and proceeding 
 the same as required by law of town assessors (vii. 64, 65 ; 606-50S). 
 
 Note 4.— Any person working land under contract shall be deemed the 
 possessor, and any person in possession of property under contract to pui- 
 chase shall be liable to taxation therefor (vii. 67). Eveiy person owning real 
 property who shall improve and occupy the same by his agent or his servant 
 ^hall be considered a taxable inhabitant of the district (vii. 68). A tenant 
 
'TAXATION 31 
 
 may charge back to the owner the district tax for schoolhouse property 
 (vii. 69). 
 
 Note 5.— Lands of non-residents liable to taxation in the district, not 
 occupied by a tenant or improved by the owner, his agent, or servant, are 
 to be assessed as non-resident, and a description thereof entered on the tax- 
 list (vii. 63, 71). 
 
 Note 6.— In making out a tax list where districts have more than one 
 trustee, all of them must be notified in order to meet and act together in 
 determining the assessments : without such notice a tax list is Invalid. 
 Sup't Van Dyck— 1849 ; 6G2.) 
 
 Note 7.— When ti'ustees make an original assessment for a school tax, a 
 20 days' notice to the parties affected is required before the delivery of the 
 tax list and warrant to the collector {6S0). 
 
 Note 8.— When a person appears before the trustees at the proper time 
 and place to claim a reduction in an original assessment made by the trus- 
 tees, it is the duty of such trustees to examine the person imder oath, and to 
 correct the assessments if they appear to be erroneous {GSh), 
 
 Note 9.— The tax list may be amended and coiTected, with consent of 
 the superintendent (\ii. 84). 
 
 Limit to tax for building. — No tax exceeding $500, 
 voted by a district meeting for building, hiring, or 
 purchasing a schoolhouse, shall be levied by the 
 trustees without the written approval of such larger 
 sum by the commissioner; and no schoolhouse 
 shall be built in any district until the plan of such 
 schoolhouse, so far as ventilation, heat, and light- 
 ing is concerned, shall be approved in writing by 
 the commissioner. But nothing herein contained 
 shall invalidate any tax levied for building and 
 repairing schoolhouses which in other respects com- 
 ply with existing statutes (vii. 17 ; 4^9). 
 
 Note 1,— Except in New York city and Brooklyn, all school buildings 
 more than two stories high must have outside stair-cases (vii. 49). 
 
 Note 2.— A taxable inhabitant who has been within four years set off 
 from another district without his consent, and who has within that period 
 paid into that district a tax for building a schoolhouse shall be exempted 
 from paying tax for building a schoolhouse (vii. 70). 
 
32 trustees: powers of / 
 
 Unfit schoolhouses. — The school commissioner 
 alone has the power to condemn a schoolhouse and 
 school furniture when, in his judgment, it is unfit 
 for use and not worth repairing. When the order 
 reciting the reasons for this action, with a statement 
 of the cost, not to exceed $800, of such new build- 
 ing as is required, has been received by the trustees, 
 they must immediately call a special meeting to con- 
 sider the question of rebuilding (v. 13. 4 ; ^6S, 629- 
 637). 
 
 Note 1.— The meeting shall have no power to reduce the commissioner's 
 estimate of cost more than 25 per cent, and where no tax shall have been 
 voted by the district within 30 days from the time of the first meeting held 
 to consider the question, the trustees shall contract for the building of a 
 schoolhouse to cost not more than the estimate of the commissioner and 
 not to exceed 25 per cent less, and levy a tax to pay for the same (v. 13. 4). 
 
 Note 2.— A district cannot be compelled to rebuild where the school- 
 house has been destroyed, but the district may be annulled {559). 
 
 (4) Annex to the tax-list a warrant directed to 
 the collector. See page 26. 
 
 Note— Within 15 days after the tax-list and warrant are returned by the 
 collector, they must file the same with town clerk (vii. 89). 
 
 (5) Purchase or lease a site for the schoolhouse. 
 See page 23. 
 
 Note.— Trustees are the only legal authority by which the vote of a dis- 
 trict can be carried into execution, and have sole power of making conti'acts 
 and of accepting work done (63S, 749). 
 
 (6) Havecustody of the school property (vii. 47. 6 ; 
 266\ 
 
 Note l.-^They may permit the schoolhouse to be used for instruction 
 In learning, or in music (vii. 52); and must allow it to be used for teachers' 
 institutes or for teachers' examinations, when requested by the commis- 
 sioner (v. 16.; X. 31). But they must not allow it to be used for temperance 
 meetings {fiho) , and should use discretion in opening it for religious meetings ; 
 no use should be permitted likely to occasion controversy {267), 
 
EMPLOYMENT OF TEACHEES 33 
 
 ..--^ Note 2.— The trustees are especially directed to take care of the code of 
 public instruction, and deliver it to their successors (xv. 12). 
 
 (7) Insure the school property (vii. 47. 7 ; 266). 
 iSee also vii. 14. 
 
 (8) Insure the school library (vii. 47. 8). 
 
 (9) Employ teachers as needed (vii. 47.9; 74-4)- 
 Qualified teachers. — No school moneys or money 
 
 [raised by tax may be paid to a teacher who is not 16 
 ; years old, and who does not hold either (a) a nor- 
 [mal diploma, {h) a State certificate, (c) a college 
 [certificate, {d) a uniform certificate, or (e) a tempor- 
 ■ ary license (vii. 38 ; i. 10 ; 378-394, 709, 732). 
 \ Any trustee paying public money to an unqualified 
 I teacher commits a misdemeanor, and any fine 
 I imposed upon him shall be for the benefit of the 
 ! district (vii. 39, 40). 
 
 Note. — The teacher's license may be annulled for wilful failure to attend 
 institute (x. 6), for refusal to fulfil a contract (vii. 47. 9), for immorality (v. 
 13. 6), or for incompetency {G92-69S, 102). The contract then ceases (jn). 
 The teacher may be discharged at any time on failure to produce certificate 
 
 (73i?). 
 
 Not limited by the wishes of the district. — Trustees 
 may hire whom they choose for teacher, and pay such 
 wages as the}^ may see fit^ with no power by the 
 district or vote of a district meeting to restrain them 
 (728) ; however, the wishes of the inhabitants should 
 not be disregarded {715). 
 
 A sole trustee has all the powers of a board of 
 , three trustees (vii. 44). 
 
 Note.— Hence he can now employ a teacher for the ensuing year in 
 advance of the school meeting, a power not conferred by the old law. 
 
S4 TRUSTEES : POWERS OE 
 
 JRelationship. — Trustees shall employ as teacher 
 in a district school no one who is related by blood 
 or marriage to any such trustee, except with the 
 approval of two-thirds of the voters present and 
 voting upon the question at an annual or special 
 meeting. Nor shall the trustees of an}^ district hire 
 a teacher for more than a year in advance. Any 
 person employed in disregard of these provisions 
 shall have no claim for wages against the district, 
 but may enforce the contract made against the 
 trustees consenting to such employment, (vii. 47.9). 
 
 Note l.—IielationsMp to trustees.— Wheve the district has three trustees, 
 a relative of any one of them cannot be hired by the other two unless a 
 ineeting of the district approve of it by a two-thirds vote {T2T). 
 
 Note 2.— The law formerly made the limit of relationship two degrees 
 {S95-S99), but the amended law makes no limit as to relationship and it is to 
 be construed literally. The trustee cannot hire a teacher who is related 
 to him in any ([egvee~{Lette7'of Siqft Crodhei\ Aug. 15, 189!*). 
 
 Note 3.— The prohibition regarding the employment of a relative as a 
 teacher now applies to union schools, but may be waived upon consent in 
 wi'iting of two-thirds of the members of the board of education (viii. 11). 
 
 Note 4.— Eelationship by marriage ceases upon the death of the wife or 
 husband. 
 
 (10) Make with teachers emploj^ed a written con- 
 tract, with stipulation that wages shall be paid 
 monthly (vii. 47. 10 ; xv. 17, 18 ; S95, 400, 1^05, 722.) 
 
 Note 1.— A contract with a teacher shall not be made "for a shorter 
 time than 10 weeks, or for moi*e than one year in advance (vii. 47.9 ; 735). 
 
 Note 2.— Any failure on part of the teacher to complete an agreement 
 to teach without good reason will be deemed sufficient ground for revoking 
 the certificate (vii. 47.9), 
 
 Note 3.— The contract may be annulled if the teacher close school upon 
 any school day {731). 
 
 Note 4. —If a teacher gives up his school because the trustees will not 
 sustain him in enforcing reasonable rules, he may recover wages for the 
 timet taught {703). It is the duty of the trustees if they learn that serious 
 
DISMISSAL OF TEACHERS 35 
 
 disturbance at school is threatened, to warn the teacher, and to be present 
 themselves (733). 
 
 Note 5.— Where the teacher gives up the school voluntarily, even at the 
 request of the trustees, she can recover wages onlj'' for the time taught (70A). 
 A teacher giving up the school through sickness is to be paid for the time 
 taught (723). 
 
 Note 6.— When a teacher finds the schoolhouse locked against him, and 
 without applying to the trustee goes away without making demand till 
 15 days afterward for opportunity to continue, he is held to have abandoned 
 his contract (705). 
 
 Note 7.— If the school is closed during his term through fear of an 
 epidemic, the teacher is entitled to vrages for the time (710) ; and if extra 
 weeks are tauglit, to extra wages for the extra time (708) . The teacher 
 cannot be compelled to teach an extra week to make up for the institute 
 (711), and all holidays are allowed him without loss of wages (719). 
 
 Note 8.— A contract for a year includes the two months of vacation (707); 
 but during these months the teacher may teach another school or otherwise 
 employ his time (710). 
 
 Note 9.— When the contract states that it shall continue as long as the 
 teacher keeps a good school, if the teacher is discharged it is for him to 
 prove that he kept a good school (723, 726, 729). 
 
 Dismissal of teachers. — The annulment of the 
 license dissolves all contracts entered into by virtue 
 of its sanction, but until the license is revoked, the 
 trustees are not bound to retain a teacher obnox- 
 ious to the district through immorality, ignorance, 
 or inefficiency (7^P-7^^). 
 
 Note.— This would be subversive of the principles already enunciated as ; 
 pertaining to the essential nature of conti'acts. It cannot be supposed that 
 in case a charge of gross immorality, specifically urged, carrying with it a 
 strong presumption of its truth, were brought against a teacher, the trustees 
 must wait for the tedious delay of a formal hearing before a commissioner, 
 and abide the event which may be determined through insufficiency of evi- 
 dence, while the moral conviction of the truth of the charges preferred is 
 still strong and abiding. The presence among pupils of a teacher against 
 whom such suspicion should rest, must of itself, from the suggestions to 
 which it would give rise, promote conditions of mind opposed to the develop- 
 ment of virtue and purity of the heart. 
 
 This consideration alone would justify the trustees in a summary dis- 
 missal of the teacher. This, to bo sure, is an extreme case, but it is sufficient 
 to illustrate and to establish the principle advanced, that the trustees may 
 
36 TRUSTEES : POWERS OF 
 
 be justified in the discharge of a teacher before the close of the term 
 specified in his conti*act. In determining what constitutes such justification, 
 it is difficult, not to say impossible, to establish uniform rules (730). 
 
 The power to dismiss the teacher rests with the 
 trustees. For an abuse of their discretion, or an 
 unwarranted exercise of their authority, they are of 
 course responsible. On complaint of the person 
 sustaining what he considers a grievance or wrong, 
 the issue becomes one of fact, and it devolves upon 
 the trustees to show by evidence that the teacher 
 lacked the character, the ability, or the will essential 
 to a proper discharge of his -duties, and that he 
 failed thus to fulfil the obviously implied conditions 
 of his contract (730). ^ 
 
 Note.— The mere fact of dissatisfaction on their part, or that of the in- 
 habitants,- is not sufficient to justify the discharge of a teacher employed for a 
 definite period. The tribunal before whom the action is brought, as a court, 
 a jury, or the superintendent, are the constituted judges of fact, and Avill 
 determine, from the evidence presented, whether the incompetence of the 
 teacher, as resulting from ignorance or indifference, is fully proved, and 
 hence his discharge upon the ground of a violated contract clearly justified. 
 
 In the case here presented, the trustees offer evidence bearing upon the 
 management and general deportment of the appellant in the school-room, 
 and his intercourse with his pupils, tending to show disregard of the proper- 
 ties and courtesies incident to his position. Trifling and irrelevant conversa- 
 tion, oft indulged and long continued with 2iupils in school hours ; prying and 
 impertinent questions in regard to domestic affairs; loiv,andat the least sug- 
 gestively vidgar, remarks to the older female 2)upils ; rude, boisterous, and harsh 
 language, as a means of or substitute for discipline, are alleged and proved by 
 the testimony of his pupils, with a circumstantial minuteness that requires 
 emphatic denial or plausible explanation to invalidate or palliate. 
 
 The appellant has failed to meet the issue. It is proper and just to 
 remark, that the justification of the trustees does not proceed from any 
 alleged or proved inability or immorality of the appellant ; his literary qual- 
 ifications and his moral character stand unimpeached, and, it is to be hoped, 
 unimpeachable. But his inefficiency appears to have been the result of gross 
 negligence and indifference — a debilitated will, rather than of inherent de- 
 pravity or defective scholarship, a fault which is earnestly hoped the whole- 
 some practical discipline of this experience will serve to eradicate. 
 
rules: attendance 37 
 
 Under the view of the case as above presented, therefore, I must decline 
 to interfere with the action of the trustees, and hold that they have pre- 
 sented a sufficient justification therefor {730). 
 
 The teacher may be dismissed for unjustifiable severity of punishment 
 (732), but not for mere difference of opinion from the trustee as to disci- 
 pline (732). 
 
 (11) Establish school regulations and courses of 
 study (vii. 47. 11). 
 
 The principal subject of rules and regulations are 
 the following : 
 
 (a) Attendance. — The schools are free to all per- 
 sons over 5 and under 21 years of age residing in 
 the district (vii. 36). 
 
 Children of school age, in the trustee's report, in- 
 clude all children over 5 and under 21 years of age, 
 who on the 30th of June last preceding the date shall 
 have been actually in the district, comprising a part 
 of the family of their parents, guardians, or employ- 
 ers, residing, even but temporarily, in the district ; 
 but not including the children of a family residing 
 in another district in which such children may be 
 by law included in the report of its trustees ; nor 
 any children supported at a county poor-house or 
 orphan asylum, nor any Indian children on reser- 
 vations provided with separate schools (vii. 36, 37, 
 60 ; ^07, ^9, 605, 608-611), 
 
 Note 1.— As a general rule, if the child whose parents or guardians live 
 out of the district is residing, even if temporarily, in the district in good faith 
 and not to avoid the payment of tuition, such child should be enumerated ; 
 otherwise in the district where its parents or guardians reside. It is for the 
 trustee to determine this, after fairly considering the circumstances. Chil- 
 dren visiting or boarding are to be enumerated where they permanently 
 reside. (1886— Sup't Morrison.) 
 
38 TRUSTEES : POWERS OF 
 
 Note 2,— Non-resident pupils may be admitted into school upon written 
 consent of the trustees upon such terms as the trustees prescribe (vii. 36 ; 603- 
 605). When so admitted, the teacher may not refuse to instruct them (fiOh). 
 
 NoTK 3.— Colored children must be admitted, except when in union free 
 school districts a separate school has been provided (xv. 28, 29 ; 5iA). 
 
 Note 4.— Fines cannot be imposed upon pupils, and attendance suspend- 
 ed till paid {601). 
 
 Suspension and expulsion. — Trustees may expel 
 pupils for open, gross immorality manifested by any 
 licentious propensities, language, manners, or habits, 
 though not manifested by acts of licentiousness, or 
 immorality within the school,* or for such violent 
 insubordination against reasonable and proper regu- 
 lations of the school as to render it imj)ossible to 
 maintain necessary discipline and order, or when in 
 their judgment the good order and proper govern- 
 ment of the school demands it (770). 
 
 Suspension for tardiness. — In 1853, the superinten- 
 dent decided that ''teachers have the right to close 
 the doors of their school-room against all pupils who 
 may claim admission fifteen minutes after the time 
 of opening the school " (Decision No. 1G87). Later 
 decisions have ruled that the teacher should not 
 keep tardy pupils in the entry, especially in cold 
 weather {OOS).i 
 
 Note— III Wisconsin, the superintendent decides that " to lock the door 
 against tardy pupils, say at ton o'clock, is of doubtful propriety. The 
 schoolhouse is a public place. The tardiness may not be the fault of the 
 child. It mifrht be a serious discomfort to the child to be turned back home. 
 Let the school be made attractive. " And again : " Tardiness is, of coux-se, 
 a great annoyance. It is difficult to say how far the courts would sustain 
 rules excluding pupils from scliool for being late. It is doubtful M'hether it 
 
 * 38th Mass. Ileport, p. 159. 
 ,. t See ^Iso lU. 356, 5.53 ; 87 111. 303, 
 
KULES : ABSENCE AND TARDINESS 39 
 
 is good policy to turn tardy scholars into the street, perhaps to get into 
 mischief ; perhaps to suffer from cold, from waiting outside ; certainly to 
 lose more time. Persuasion, attractive lessons in the morning, an attractive 
 school, privation of recesses, final degradation to a lower class if all fails, 
 would perhaps be better remedies."— TFi^. Journal of Ed'n, 18711, p. 125. 
 
 Suspension for absence.— In 1875 the board of 
 education of Honiellsville, N. Y., adopted a rule 
 that in every case of absence of a pupil for more 
 than five days during any term for any other cause 
 than sickness or death in the family, or religious 
 observance, the absentee should be suspended until 
 the beginning of the next term. Its legality being 
 questioned, the superintendent replied : 
 
 Under the provisions of the law cited in your letter of the 19th 
 inst. , your board of education possesses the power to suspend 
 pupils from school for causes which seem to merit such treatment. 
 In my judgment, however, it would be unwise to enforce strictly 
 the rule referred to in your letter. The object and intention of 
 the law is to get pupils into the schools— not to keep them out. 
 
 In another case the same superintendent, Mr. Gil- 
 mour, went still further. 
 
 Among the regulations of District No. 2, Elling- 
 ton, was this : 
 
 Any scholar absenting himself from any examination or part 
 thereof, appointed by the teachers, without necessity duly certi- 
 fied beforehand, either by himself or his parent or guardian, shall 
 not be admitted to the school afterwards, except by permission 
 of the board and the approval of the principal. 
 
 On Feb. 4, 1875, before the written examination, 
 
 the mother of three boys asked by written note that 
 
 they be excused from the last days of the term, and 
 
 withdrew them from the school. On the opening 
 
40 TRUSTEES : POWERS OF 
 
 of the next term, the three boys were refused admis- 
 sion under the above rule, the note not being 
 accepted as a sufficient compHance with the regula- 
 tion. This was over-ruled by Sup't Gilmour, who 
 decided that boards of education have no right to 
 make any regulation under which children are 
 liable to perpetual exclusion from school for an act 
 of the parent {603). 
 
 This view was carried still further under Sup't 
 Ruggles. In September, 1884, the St. Johnsville 
 board of education established the following rules : 
 
 The principal and teachers of the different rooms may suspend 
 pupils under their immediate control for : 1. Three cases of 
 absence, unless the absence be caused by personal sickness, or 
 serious illness or death in the family, or by some pressing emer- 
 gency. But one case of absence can be counted in the same 
 day. * * * 
 
 The power of reinstatement shall be limited to the board of 
 education or the principal. * * * 
 
 Any pupil suspended for any cause shall not be entitled to any 
 privileges of the school until reinstated. 
 
 For four such absences the father of Clarence 
 Sanders refused to give any reason ; and on Nov. 5, 
 the boy was suspended, and on presenting himself 
 at school the next day was refused admission. His 
 father appealed to the State department, which on 
 March 20, 1885, decided that the boy must be rein- 
 stated, on the grounds (1) that the power of suspen- 
 sion should not be delegated from the board to a 
 teacher ; (2) that to require the parent to state the 
 j)articular cause for a child's absence or detention is 
 
rules: absence and tardiness 41 
 
 not only unnecessarily inquisitorial, but, logically 
 carried out, would permit the teacher or trustees to 
 pass judgment on the parent's exercise of authority 
 over his child. 
 
 This decision (reported in full in the Scliool Bul- 
 letin for May, 1885) caused wide and generally un- 
 favorable comment. 
 
 Superintendent Draper took a wholly different 
 view, and gave to the author of this volume for 
 publication a copy of the following letter, showing 
 the ground afterward taken by the State depart- 
 ment : 
 
 That the school authorities have the power to exclude from the 
 benefits of the schools, pupils who refuse to comply with reason- 
 able regulations relative to attendance, I have no doubt. I con- 
 sider a regulation to the eif ect that a pupil who is absent or tardy 
 shall bring his teacher a written excuse from his parent or guard- 
 ian, to be entirely proper, and the department will therefore sus- 
 tain you in enforcing it. The letter addressed to one of your 
 teachers is a highly improper and insulting one. If this parent 
 persists in sending his child to school with irregularity and in 
 refusing to give any proper excuse for this course, you will be 
 justified in excluding the child altogether. 
 
 The schools are surely for the benefit of all and all have com- 
 mon rights in them, but these rights must not be abused by any 
 individual to the injury of others. If one parent can maintain 
 the position which this one assumes, then all can, and if all can 
 then the school system is liable to utter over-throw and destruc- 
 tion. This of course we cannot concede. You are advised to 
 notify the person writing the letter which you enclose to me of 
 the contents of this communication ; to receive the child into the 
 school if the parent manifests a disposition to comply with the 
 law. Otherwise you will be upheld in excluding the child in 
 question. 
 
42 TRUSTEES : POWERS OP 1 
 
 Here is a Missouri decision : 
 
 Suppose rule 11 to be inverted, and instead of reading as it 
 now stands sliould read thus : "Any pupil is at liberty to go 
 a-fishing during school hours and be absent a half day or a whole 
 day and as many days as he pleases,"^ provided he conducts him- 
 self decently when in attendance in school." And this is the 
 point to which the argument of the plaintiff tends. The pupil, 
 it is urged, is at liberty to be absent when he pleases, and such 
 absence is a matter solely between him and his parents. But the 
 studies in our public schools are, I presume, classified according 
 to the ages and advancement of the scholars ; and the continued 
 or repeated absence of one of a class not only is injurious to the 
 absentee, but if allowed beyond a certain point is calculated to 
 demoralize those who attend, and damage the orderly instructions 
 of the teacher. Taxes are not collected to pay teachers to sit in 
 front of empty benches, or to hunt up truant boys. Such 
 absences, when without excuse, are the fault of the parents, 
 whose business it is to see that the attendance of their child is 
 regular, unless prevented by causes which will, of course, be an 
 excuse under the rule now in question.* 
 
 Vaccination. — Trustees and school boards are 
 directed and empowered to exclude from the benefits 
 of the common schools an}^ child or person who has 
 not been vaccinated, until such time when they 
 shall become vaccinated. (Chap. xxv. General 
 Laws.) 
 
 'NoT^l.— Free vaccination.— When such school board or trustees shall 
 adopt a resolution to carry into effect this provision, they shall post in two 
 or more public places in the district, at least 10 days' notice thereof, stating 
 that due provision has been made for the vaccination of any child or person 
 of suitable age who may desire to attend the common school, and whose 
 parents or guardians are unable to procure vaccination for them. (Chap. 
 xxv. General Laws.) 
 
 Note 2.— Provisions.— The trustees or board may appoint some compe- 
 tent physician and fix his compensation to be, with other necessary expen- 
 ses, provided in the annual tax bill. 
 
 * 71 Mo. 628. See also 116 Mass, 366 ; 13 Brad. 520. 
 
RULES : THE COIMPULSORY LAW 43 
 
 It shall be his duty to ascertain the number of children of school age 
 who have not been vaccinated, and to furnish a list of the names of such 
 to the trustees or school board ; he shall provide himself with good and 
 reliable vaccine virus wherewith to vaccinate such as have not been vaccin- 
 ated, and to furnish to such certificates of vaccination when required. 
 (Chap. XXV. General Laws.) 
 
 The compulsory law passed in 1894 requires that 
 (a) every child between 14 and 16 not regularly 
 employed, and {h) every child between 8 and 12, 
 shall attend school as many days between Oct. 1 and 
 June 1 as the public school shall be in session ; and 
 that (c) every child between 12 and 14 shall attend 
 school upon at least 80 consecutive school days, and 
 in addition upon all school days when not usefullv 
 employed. 
 
 Note L— Parents or guardians of children between 8 and 16 must cause 
 such children to attend school, or give notice to the trustees of their 
 inability to do so, under penalty of fine and imprisonment. 
 
 Note 2.— It is made unlawful to employ any child between 8 and 12 dur- 
 ing the time the public school is in session ; or to employ any child between 
 12 and 14 who does not present a certificate showing that the child has com- 
 plied with the law respecting attendance, under penalty of fine. 
 
 Note 3.— Cities and union school districts shall appoint attendance 
 oflacers to arrest children between 8 and 16 who are truants, and estab- 
 lish truant schools for children between 7 and 16 and confine habitual truants 
 therein. 
 
 Note 4. One-half the State moneys may be withheld from any city or 
 union school district neglecting to enforce the provisions of this act. But 
 as the truant ofiicer and the truant school are essential to its working, not 
 much result can be expected from it in country district schools, except so 
 fur as Note 1 may be used to persuade parents to enforce their children's 
 attendance, and Note 2 to prevent employers from giving work to pupils 
 who should be in school. 
 
 {h) Course of Study. — Trustees have the power 
 to select the branches to be taught, and to require 
 pupils to pursue them {605, 606). 
 
 Note 1.— Pupils must be instructed in physiology and hygiene, with 
 special reference to the effects of alcoholic drinks, stimulants, and narcotics 
 
44 TRUSTEES : POWERS OF ' 
 
 (vii. 47. 11 ; xv. 19). Instruction in manual training may be prescribed 
 (xv. 25), and advanced studies may be introduced (621). 
 
 Note 2.— Instruction in free-hand drawing must be given in all cities : 
 and in all union school districts unless excused by the superintendent 
 (xv. 21). Evening schools for this purpose may be established when directed 
 by the city authorities, or by district meeting (xv. 22). Yocal music may be 
 taught in cities and in union schools (xv. 23). Kindergartens may be estab- 
 lished in cities, or in villages employing a superintendent (xv. 24). 
 
 Text-books. — In district schools, the text-books to be 
 used are to be designated at any annual meeeting by 
 a two-thirds vote of all the legal voters present and 
 voting, and may not be changed within 5 years ex- 
 cept by a three-fourths vote of those present and 
 voting at an annual meeting. 
 
 In union free schools, the board of education 
 adopts the text-books, and no change can be made 
 within 5 years of adoption except by a three-fourths 
 vote of the board (xv. 9, 10). 
 
 Changing text-books. — Any person superseding a 
 text-book adopted for use in any public school by 
 the board of education in cities, villages, and union 
 free school districts, or in other district schools by a 
 two-thirds vote of any annual meeting, within 5 
 years thereafter, except on a three-fourths vote of 
 such board of education or annual district meeting, 
 shall be liable to a penalty of not less than $50 nor 
 more than flOO, to be sued for by any tax-payer 
 before any justice of the peace for the benefit of the 
 district (xv. 11). 
 
 Religious exercises. — In New York it has been uni- 
 formly ruled that pupils cannot be compelled to at- 
 
ilULES : COURSE OF STUDY 45 
 
 tend religious services, and that the law gives no 
 authority, as a matter of right, to use any portion of 
 the regular school hours in conducting any religious 
 exercises at which the attendance of pupils is made 
 compulsory (618-622). 
 
 Note 1.— Some places, like the cities of Troy and Kochester, have for- 
 bidden any religious exercises. But in most communities opening the 
 school with Bible-reading and some form of prayer is considered unobject- 
 able and desirable. 
 
 It is the rule of the State department never to interfere in this matter 
 unless some one in the community feels sufficiently aggrieved to appeal to 
 the superintendent, in which case the law forbidding religious exercises in 
 school hours is immediately enforced. 
 
 Note 2.— The practice of the department is the same with regard to the 
 drawing of public money by Catholic schools. In some cities and villages, 
 schools conducted by Sisters wearing the usual garb of their order are 
 admitted under the public school system, the teachers being examined by 
 local officers, and drawing pay from the public funds. This the superinten- 
 dent permits except where his attention is oflficialiy called to it by regular 
 appeal, in which case he is obliged to decide that such are not properly 
 public schools and cannot participate in the public money {622-625). 
 
 Note 3.— It has been held that Catholic children could be expelled for 
 non-attendance on days when their church compelled attendance upon 
 religious exercises ;* and in 1875 a Hebrew girl was expelled from the Sher- 
 win school, Boston, for not attending the Saturday sessions. But the mod- 
 ern current of decisions is the other way, and trustees are advised to respect 
 the religious observances of their pupils so far as the welfare of the school 
 permits. 
 
 (c) Conduct of Pupils. — According to decisions 
 in New York, the authority of trustees over j^upils 
 ceases with the close of school and their departure 
 from the school premises (602). 
 
 Note 1.— The rule in other States is generally that the authority of the 
 trustees is absolute on the school premises, and concurrent with the parent 
 on the road home.t 
 
 Note 2.— A pupil may not be expelled for wearing her hair in a way dis- 
 approved of by the trustees (602). 
 
 * 48 Vt. 444. 
 
 t31 la. 568 ; 8 Gush. 160 ; 32 Vt. 114. 
 
46 TRtJSTEES : POWEHS OF 
 
 (12) Give to teachers for their wages orders on 
 the supervisor, or on the collector or the treasurer 
 for the public moneys, so far as they are in their 
 hands ; and collect the rest of the wages by direct 
 tax, but not to exceed four months in advance (vii. 
 47.12). 
 
 Note 1.— It is a misdemeanor to ffive an order upon the supervisor, col- 
 lector or treasurer unless there shall be on hand sufficient moneys belonging 
 to the district to meet the same (vii. 47. 12, 15). 
 
 Note 2.— They may raise this tax even when it has not been voted by the 
 district (vii. 47. 12). 
 
 Note 3.— 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 endorse it to his creditor, but it is for him and 
 not^or the trustees to distribute his wages {hOO, 70U, 707, 708). 
 
 Note 4.— A contract compelling the teacher to board with the trustee 
 is null and void {597). 
 
 Note 5.— No order shall be given for wages till the teacher has verified 
 the school report (vii. 53 ; A^T). 
 
 Payment of unqualified teacher. — Trustees commit 
 a misdemeanor by paying an unqualified teacher 
 from the public moneys, or moneys raised by dis- 
 trict tax, and any fines, imposed on them shall be 
 for the benefit of the schools of the county (vii. 40). 
 
 (13) Divide the public moneys into as many por- 
 tions as there are terms, and raise the needed ad- 
 ditional tax by terms (vii. 47. 13). 
 
 (14) Draw upon the supervisor, collector, or treas- 
 urer for the school and library money (vii. 47. 14). 
 •See iii. 4. 1, 2. 
 
 (15) After having paid toward teachers' wages 
 
PAYMENT OF TEACHERS 47 
 
 the public moneys applicable, raise the rest by tax 
 (vii. 47.15; 4,02, iOS). 
 
 Allowance. — In case a district shall have been 
 excluded from its share of the public money by 
 omitting to make any report (ii. 15), or to comply 
 with any other requirements, if it shall be shown to 
 the superintendent that such omission was acci- 
 dental or excusable, he may make such district an 
 equitable allowance (ii. 8). 
 
 Loss of school money. — The loss of any school 
 moneys to a district through wilful neglect of duty 
 by any school officer, renders such person liable for 
 the whole amount with interest (xv. 1). 
 
 (16) Call special meetings, when requested by a 
 respectable number of inhabitants {565-568, 58//., 
 7^2, 7^3). 
 
 (17) Sue for and recover any moneys in the hands 
 of any former trustees and apply the same to the use 
 of the district (vii. 58). 
 
 (19) Outbuildi7igs.— They shall provide at least two 
 suitable water-closets or privies for every school under 
 their charge, entirely separated from each other, and 
 having separate means of access ; the approaches 
 thereto shall be separated by a substantial close 
 fence not less than 7 feet in height (vii. 48 ; 269). 
 
 Note 1.— It is the duty of such officers to keep these buildings in a clean 
 and wholesome condition ; and if they fail to comply with these require- 
 ments, it shall be sufficient ground for their removal from oflSce, and the 
 withholding from the district of any share of the public money (vii. 48). 
 
48 TRUSTEES : POWERS OF 
 
 Note 2. — Any tax to provide for the expenses thereof may be levied 
 without a vote of the district when such expense shall have been approved 
 by the school commissioner (vii. 48). The expense for the erection of neces- 
 sary out-buildings when the district is unprovided.with them, and the com- 
 missioner or superintendent has directed that they be built, is limited after- 
 ward to $50 (vii. 50). But no limit is placed to the expenditure to abate 
 nuisances under direction of the commissioner (vii. 50), 
 
 (19) Purchase of apparatus. — Trustees may expend, 
 without a vote of the district, a sum not to exceed 
 $50 a year for necessary and proper repairs of tlie 
 schoolhouse ; and a sum not to exceed $25 a year 
 for a dictionary, maps, globes and otlier school 
 apparatus (vii. 50 ; 193). 
 
 Note. — Trustees may also provide fuel, stoves, or other heating_appa- 
 ratus, pails, brooms, etc., when not voted by the district (vii. 50). 
 
 (20) Libraries. — The trustees shall appoint a 
 teacher of the schools under their charge as libra- 
 rian, who with the trustees shall be responsible for 
 the safety and proper care of the books, and make 
 such reports as the superintendent requires (xiii. 2). 
 
 Note.— Any books or other library property which have not been in 
 direct charge of a librarian duly appointed within one year may be taken 
 and shall be hereafter owned by any public library under State supervision 
 which has received permission from the regents (xiii. 6). 
 
 No portion of the library money (see page 11) 
 shall be expended except for books approved by the 
 superintendent : which shall consist of (a) reference 
 books for use in the schoolroom ; (h) suitable suj)- 
 plementary reading books for children ; (c) books 
 relating to branches being j^ursued in the school ; 
 or (d) pedagogic books as aids to teachers (xiii. 1). 
 
 Note 1,— All districts may raise money by tax for their libraries, or 
 receive gifts or bequests to maintain them (xiii. 4). 
 
LIBRAKlES 40 
 
 Note 2.— It is not necessary that the approval of the superintendent be 
 secured before the purchase of the books, but the books must be sucli that 
 he is likely to approve of. A list of suitable books may be obtained from 
 the publisher of this volume. 
 
 Tlie library is to be a part of the school equip- 
 ment and kept iu the school building at all times ; 
 but teachers, school officers, and pu^Dils may borrow 
 not more than one at a time of the volumes not 
 needed for reference, and keep the same not to ex- 
 ceed two weeks (xiii. 2). 
 
 Note.— The board of education in a city or union free school district, or 
 the school meeting in an ordinaiy district may give all its books to any 
 township or other free public library under State supervision, provided it is 
 free to such city or district (xiii. 5). 
 
 (21) Branch schools. — Whenever necessary, the 
 trustees may open branch schools at the expense of 
 tlie district (vii. 50 ; S98). 
 
 (22) Contracts with city schools. — Trustees may be 
 empowered by majority vote of the district to make 
 written contract with the board of education of an 
 ^adjoining city or village of not less than 6,000 in- 
 habitants to j)ermit the children of such district to 
 be taught in the schools of such city, and such dis- 
 trict shall receive its district quota (xv. 14). 
 
 (23) Records. — The trustees shall keep in a blank 
 book a record of all movable ]3roperty belonging to 
 the district, and their accounts of moneys received 
 and expended. In another the teachers shall keep a 
 record of all the pupils attending school, their ages, 
 etc., and until the teacher has verified the entries by 
 
50 UNION ¥RKK SCHOOLS 
 
 oath the trustees shall not give an order for wages 
 (vii. 53 ; 4.^7). 
 
 Payment to themselves. — Trustees cannot receive 
 pay for their services as trustees {7S0) and must not 
 employ themselves as teachers (7^^, 76S). They 
 may receive pay for services as workmen for the dis- 
 trict {74^0), but should submit to the district meeting 
 the allowance for such services {7S2) or for any 
 material furnished by them {750). They may em- 
 ploy a person to do the clerical work in making out 
 the tax-list {756). 
 
 (24) Reports. — Shall, on the 1st day of August in 
 each year, make in writing a report to the school com- 
 missioner, and deliver the same to the town clerk 
 (vii. 59 ; W3-215, 763). Shall also once a year make 
 full reports to the district (vii. 53, 55 ; 203-215, 763), 
 and when their office expires pay to their successors 
 all unexpended district moneys (vii. 56). 
 
 Failure to r)%ahe report. — Any trustee refusing or 
 neoiectiup- to render an annual account of monevs 
 received and paid shall forfeit any unexj^ired term 
 of office, and become liable to the trustees for any 
 district moneys in his hands (vii. 57). 
 
 UNION FREE SCHOOLS 
 
 Establishment. — AVhen 15 persons entitled to vote 
 at any district meeting shall sign a call for a meet- 
 ino: to determine the establishment of a union free 
 school in the district, it shall be the duty of the trus- 
 
FORMATION" 51 
 
 tees AAatliiii 10 days after the call shall be presented 
 to them to give such public notice as is required by 
 law that a meeting of the inhabitants will be held 
 for such pur2:)ose at a suitable place, and at a time 
 not less than 20 nor more than 30 days thereafter 
 (viii. 1). 
 
 Union meeting. — When 15 such persons from each 
 of two or more adjoining districts, shall unite in a 
 call for a ijieeting of the inhabitants of such districts, 
 to determine whether the districts shall be consoli- 
 dated by the establishment of a union free school 
 therein, it shall be the duty of the trustees of those 
 districts, or a majority of them, to give the notice as 
 'above for a meeting to be held within the districts 
 at some convenient place (viii. 4 ; 776-780). 
 
 Note 1.— When such district corresponds wholly or in part with an incor- 
 porated village, the notice shall be published once a week for 3 consecutive 
 weeks before the meetinj? in all the newspapers in the district, and at least 
 5 copies shall be posted conspicuously in said district 20 days prior to the 
 meeting (viii. 2). 
 
 Note 2.— In other districts the notice shall be thus posted, and the trus- 
 tees shall require some taxable inhabitant to notify every other taxable 
 inhabitant (viii. 2). 
 
 Note 3.— The expense of tliese notices shall be borne by the district if 
 the union free school is established, but if not, by the inhabitants signing the 
 call (^^ii. 3). 
 
 Note 4.— The qualifications of votei-s are the same as at district meetings 
 (vii. 11 ; viii. 8. See page 20.) 
 
 Note 5.— When one or more disti-icts adjoin a xinion free school district 
 whose limits do not correspond with those of an incorporated village or city, 
 the commissioner may upon written consent of the trustees of all the dis- 
 tricts affected dissolve sucli district or districts, and annex the territory to 
 the union free school district (viii. 30). 
 
 Election of trustees. — Whenever any such meeting, 
 or any adjournment thereof for a i3eriod not longer 
 
52 UNION FREE SCHOOLS' 
 
 tlian 10 days from a previous meeting, at which not 
 less than 15 persons entitled to vote thereat shall, by 
 the affirmative vote of a majority present and voting, 
 determine to establish a union free school in said 
 district, it shall be lawful for such meeting to pro- 
 ceed to the election by ballot of not less than 3 nor 
 more than 9 trustees, in place of the existing trus- 
 tees, whose terms shall cease when the others assume 
 office, for a board of education (viii. 5). 
 
 Note 1.— Copies of the call for, and the minutes of meetings, duly certi- 
 fied by the chairman and secretary thereof, shall be by them transmitted 
 to and deposited witlx the town clerk, the school commissioner, and the 
 superintendent, respectively (viii. 5). 
 
 Note 2.— If it shall be decided not to establish a union free school, no 
 other meeting for such purpose shall be called witluTi a year thereafter. 
 Nor shall a union free school district thus formed be dissolved within the 
 period of one year from the first Tuesday of August following such meeting 
 (viii. 5). For proceedings for dissolution, see viii. 33-42. 
 
 Note 3.— Neither a supervisor nor a school commissioner may be a mem- 
 ber of a board of education, and a member elected to either of these offices 
 vacates his office as a member (viii. 5). Compare vii. 22. 
 
 Note 4. — The trustees so elected shall be, by order of such meeting, 
 divided into three classes to serve one, two, and three years respectively 
 (viii. 9). 
 
 Note 5.— When the limits of such constituted district correspond with 
 those of any incorporated city or village, their term of service shall be com- 
 puted from the date of the next charter election in such city or village, and 
 new members shall be elected at such annual elections thereafter, in place 
 of those whose terms expire (viii. 6). In other districts their term of service 
 shall be completed the first Tuesday of August following (viii. .5 ; 709). 
 
 Change in ommber of members. — The qualified 
 voters may determine by a majority vote to increase 
 or diminish the number of members of the board 
 of education, but no board shall consist of fewer 
 than 3 or more than 9 members (viii. 31). 
 
 Dissolution. — It shall be the duty of the board of 
 
DISSOLUTION 53 
 
 education of any union free school district, estab- 
 lished not less than one year (viii. 5), upon the ap- 
 plication of 15 resident taxpayers of the district, to 
 call a special meeting, in the manner prescribed by 
 law, for the purpose of determining whether applica- 
 tion shall be made for the dissolution of such dis- 
 trict, and its reorganization as a common school 
 district or districts (viii. 32). 
 
 Note l.—Ee-division into districts.— If such dissolved district shall have 
 been established by the consolidation of two or nioi-e districts, it shall be 
 lawful for the commissioner to direct that its territory be divided to corre- 
 spond as far as practicable, with the districts that were consolidated (viii. 34). 
 
 Note 2.— Time for anmial meeting,— TYie annual meeting shall be held in 
 the district or districts, after the dissolution, on the first Tuesday of August^ 
 and officers shall be elected as required by law (viii. 38). 
 
 Note Z.—Beport to svperhitendent— It shall be the duty of the board of 
 education of the district affected forthwith to furnish the superintendent cop- 
 ies of the call, notice, proceedings of the meeting, and proceedings of the 
 commissioner taken thereon (viii. 40). 
 
 Note 4.—JSrot to be repeated tcithln 3 years.— Whenever, at such meeting, 
 it shall be determined by a majority vote not to dissolve such district, or if 
 tlie school commissioner shall not approve the proceedings of such meethig, 
 no other meeting for a similar purpose shall be held in the district within 3 
 years from the time the first meeting was held (viii. 33, 39), 
 
 Notice to commissioner. — If it shall be determined 
 by a two-thirds vote of the legal voters, as above, to 
 dissolve such district, it shall be the duty of the 
 board of education to present to the school commis- 
 sioner a certified copy of the call, notice, and pro- 
 ceedings. If he shall approve of the proceedings 
 of such meeting, he shall certify the same to the 
 board of education ; and on the day preceding the 
 first Tuesday of August next thereafter such district 
 shall cease to be a union free school district (viii. 33). 
 
54 UNION FREE SCHOOLS 
 
 Annual meeting. — The annual school meeting of a 
 union free school district when limits do not corre- 
 spond with those of an incorporated village or city 
 shall be on the first Tuesday of August (viii. 1 3). In 
 districts whose limits correspond with those of an 
 incorported village, the election shall be by separate 
 ballot at the charter election (viii. 6). 
 
 Note 1,— The meeting has the right to choose its own chairman (7S4). 
 
 Note 2.— Meetings of the board of education.— la. either ease, the annual 
 meeting of the new board of education for organization sliall be on tho 
 Tuesday following the election (viii. 13), and there must be regular meetings 
 at least four times a year (viii. 23). Such meetings are open to tlie public, 
 but executive sessions may be held open only to the board and persons in- 
 vited to be present (viii. 22). 
 
 Cleric. — There shall be elected at each annual 
 meeting a clerk of the district and of the board of 
 education (776). He must be a qualified voter of 
 the district, not a trustee or a teacher employed in 
 the district (viii. 7), and able to read and write 
 (viii. 8). 
 
 Note l.— This section does not affect the towns of Cortlandt and White 
 Plains, in Westchester county (viii. 42). 
 
 Note 2.— In case the annual meeting fails to elect, the board of educa- 
 tion sliall appoint one of their own number to act as clerk (viii 7). 
 
 Note 3.— The board have power also to appoint one of the taxable 
 inhabitants of the district treasurer, and anotlier as collector of the moneys 
 raised, to hold office during the pleasure of tlie board ; each shall execute 
 and deliver a boncj to tlie board, of a sufficient security, ■\vithin 10 days after 
 written notice of his appointment shall have been duly served upon him 
 (viii. 7 ; 769, 770, 77 1). 
 
 Powers of a board of education. — The board 
 of education is : 
 
 (1) To adopt by-laws and rules for its own govern- 
 ment (viii. 15. 1). 
 
POWERS OF BOARD OF EDUCATION 55 
 
 Trustees have this power by impHcation. 
 
 (2) To estabUsh such rules and regulations con- 
 cerning the order and discipline of the schools as 
 they may deem necessary to secure the best educa- 
 tional results (viii. 15. 2). 
 
 Here their powers are the same as those of trus- 
 tees. See pages 37-45. 
 
 (3) To prescribe the course of study, and regulate 
 the admission and transfer of pupils (viii. 15. 3 ; 
 28). 
 
 These are the powers of trustees. See pages 43- 
 45 ; 37, 38, 
 
 Note 1.— The board of education adopts the text-books, however, while 
 trustees must refer the matter to the district meeting. See page 44. 
 
 Note 2.— Colored children.— In cities and incorporated villages, and in 
 union schools or schools under special act when authorized by district vote, 
 the board may establish separate schools for colored children (xv. 28-30 ; 51U). 
 
 (4) To prescribe the text-books used, and compel 
 uniformity in the use of the same ; and to furnish 
 the same to pupils out of any moneys j)rovided for 
 the purpose (viii. 15. 4). 
 
 In ordinary districts the school meeting' adopts 
 the text-books; in union free school districts, this 
 power is vested in the board of education (7^7). See 
 page 44. 
 
 In ordinary districts text-books can be furnished 
 only to indigent pupils. See page 23. In union 
 free school districts they may be furnished to all 
 pupils if the district provides the money. 
 
 (5) To make provision for the instruction of pupils 
 
56 UNION FREE SCHOOLS 
 
 in physiology and hygiene with reference to the 
 effects of stimulants and narcotics (viii. 15. 6). 
 
 This is also required of trustees. See page 43. 
 
 (6) (a) To purchase sites as designated by a dis- 
 trict meeting (ix. 5) ; (h) to construct such school- 
 houses as may be designated ; (c) to purchase furni- 
 ture and apj)aratus ; (d) to keep the schoolhouse and 
 furniture in repair ; (e) to hire rooms for the school 
 when needed ; (/) to insure the schoolhouse and 
 contents (viii. 15. 6). 
 
 {a, b) To purchase sites and construct schoolhouses. 
 — Here the duties of the board are the same as those 
 of trustees. See page 32. 
 
 Note.— 7/i cities of more than 30,000, except in the city of Brooklyn (ix. 4), 
 It shall not be lawful under the " condemnation law " (title 1, of chapter 23, 
 of the Code of Civil Procedure) to acquire less tlian the whole of any city 
 or village lot ; or any premises occupied as a homestead without consent of 
 the owner ; or beyond the corporate limits of the city any garden or orchard 
 or manufacturing establishment without consent of the owner (ix. 2). 
 
 Villages and cities. — In incorporated cities and 
 villages, the corporate authorities shall from time to 
 time raise by tax such sums as are set forth in a 
 written statement in detail, and declared by the 
 board of education to be necessary, for purposes of 
 anticipated expenditures ; and such authorities have 
 no power to withhold the sums declared to be neces- 
 sary for teachers' wages and the ordinary contingent 
 expenses of the school. Tliey shall also raise such 
 further sums as may liave been voted at tlie district 
 meeting for sites, buildings, and apparatus (viii. 9), 
 
POWERS OF BOARD OF EDUCATION 57 
 
 Districts not villages. — In districts whose limits do 
 not correspond with those of an incorporated city or 
 village, a majority of the voters present at any 
 annual or special district meeting, properly called, 
 may authorize such acts and vote such taxes as they 
 shall deem expedient for the support and welfare of 
 the school (viii. 9). 
 
 In union free school districts the commissioner's 
 approval of the tax or of the plan of ventilation is 
 not required (783). See page 23 (8), Note 1. There 
 is no limit to the amount that may be raised (782, 
 783). 
 
 Note 1.— No addition to or change of site or purchase of a new site, or 
 tax for the purchase of any new site or structure, or for the purchase of an 
 addition to the site of any schoolhouse, or for building any new school- 
 house, or for the erection of an addition to any schoolhouse, shall be voted 
 by such meeting unless a notice by the board of education stating that such 
 tax will be proposed and specifying the amount and object thereof, shall 
 have been published each week for the four weeks next preceding the 
 meeting in two newspapers published in the district, or in one paper if there 
 be but one published ; if no newspaper be published in the district, the said 
 notice shall be posted in at least 10 of the most public places in the district 
 for 20 days before the meeting (viii. 9). 
 
 Note 2.— No vote to raise money shall be rescinded, nor the amount 
 thereof be reduced, unless the same be done within 10 days after the sum 
 has been first voted (viii. 9). 
 
 Note 3.— The money so voted may be levied in one sum or by instal- 
 ments. When by instalments the corporate authorities are authorized to 
 borrow so much as may be necessary at a rate of interest not exceeding 6 
 per cent (vii. 9). 
 
 Note 4.— All moneys for teachers' wages, after the due application of 
 the school moneys thereto, shall be raised by tax (viii. 11). 
 
 (c) To purchase fiirniture and apparatus. — In ordi- 
 nary districts, the expenditure of the trustees with- 
 out vote of the district is limited to $25 for apparatus, 
 ^ee page 48, 
 
58 UNION FREE SCHOOLS 
 
 (d) To keep the schoolhouse and furniture in repair. 
 — In ordinary districts, the expenditure of the trus- 
 tees without vote of the district is limited to $50. 
 See page 48. In union free school districts there is 
 no limit. 
 
 Note.— This does not however authorize material additions to the school 
 property, or the adoption of an expensive system of heating or ventilation 
 (776), which should be by vote of the district. 
 
 (e) To hire rooms for the school when needed. — Trus- 
 tees have the same authority. See page 48. 
 
 (/) To insure the schoolhouse and contents. — Trus- 
 tees have the same power, if the district neglects to 
 authorize it. See page 33. 
 
 (7) To hold the property of the district in charge 
 (viii. 15. 7). 
 
 Trustees have the same power. See page 32. 
 
 (8) To sell property of the district, when author- 
 ized by vote (viii. 15. 8). 
 
 Trustees have the same authority (vii. 20). See 
 page 32. 
 
 (9) To take and hold any gift or legacy to the 
 district (viii. 15. 9). 
 
 In ordinary districts this is one of the duties of 
 the supervisor (593). 
 
 (10) (a) To have the superintendence, manage- 
 ment, and control of the school ; {h) io establish in 
 the same an academical department when warranted, 
 or, when authorized by the district, to adopt an es- 
 tablished academy as the academic department (viii. 
 
ACADEMIC DEPARTMENTS 59 
 
 27) ; (c) to receive non-resident pupils, and establish 
 tuition-fees ; (d) to provide fuel, furniture, and other 
 necessaries for the school ; and (e) to appoint librari- 
 ans (viii. 15. 10). 
 
 (a) To have the superintendence, management, and 
 control of the school — This is identical with the 
 power of trustees to establish rules and regulations. 
 See pages 37-45. 
 
 (5) To establish an academic department — (viii. 27). 
 This is a power denied to ordinary districts {771). 
 
 Requirements. — Such academic department shall 
 be under visitation of the regents, and subject in its 
 course of education and matters pertaining thereto 
 to their rules (viii. 26). 
 
 Grading of schools. — The following system of grad- 
 ing has been adopted by the regents. 
 
 (1) The name high school shall be limited to 
 schools giving a full four-year course, and supported 
 by taxation, and the name acac^em?/ to schools giving 
 a similar course, not so supported. 
 
 (2) The academic departments of public schools 
 giving less than a four-year course shall be graded 
 as junior, middle and senior schools, according as 
 they give one, two or three-jear academic courses. 
 
 Note.— Schools not supported by taxation and giving academic courses 
 of less than four years shall be similarly graded as Junior, middle and senior 
 academic schools. 
 
 (3) Such schools shall be admitted on a minimum 
 of $200, $300, or $400 respectively for books, and 
 
60 UNION FREE SCHOOLS 
 
 on the provision of such, apparatus as is required 
 for teaching the subjects in the courses adopted. 
 
 Note 1.— Only full years shall be counted in grading. 
 
 Note 2.— The grade shall be determined not by courses offered in the 
 catalogue, but by instruction really given to one or more students during 
 the course. Studies may be counted if each student during his course has 
 full opportunity to take them, though not given each year. 
 
 Note 3.— No school shall be admitted to the university unless its course 
 of instruction includes at least 12 counts or one full year of academic work. 
 
 Note 4.— Secondary schools of the university shall be classified by this 
 system on their own report of instruction for the present year, and this 
 grading shall be revised by the inspectors at each visit. Every school below 
 junior grade shall be notified that it will be dropped from the university 
 roll if it does not meet the minimum conditions by January 1, 1896. 
 
 Note 5.— Each junior school shall be at liberty to select for its course 
 any 12 academic counts covered by the regents' examinations. 
 
 ForifYh of application, — The following is the form 
 prescribed : 
 
 To the regents of the Uni'oersity of the State of New York : 
 
 The undersigned, the board of education of the union school 
 
 of -.- , county of , respectfully represent : 
 
 That said union school has been established under the provis- 
 ions of chapter 555 of the laws of 1864 ; that an academic depart- 
 ment has been organized and is in operation in said school ; and 
 that the said academic department occupies the building appro- 
 priated to said school [or a separate building provided for its use] ; 
 that a suitable library and apparatus have been provided, as 
 shown by the following description of grounds and buildings, and 
 list of library and apparatus. [Give as directed in form fur- 
 nished by the regents on application.'] 
 
 Therefore the undersigned hereby ask the regents to admit the 
 said academic department to the University of the State of New 
 York, according to the provisions of law. [To he signed ly the 
 rmmbers of the hoard of education ] 
 
 Procedure. — As soon as practicable, any institution 
 making application for admission will be yisited by 
 
Admission tjnbeu visit atioit of regents 61 
 
 a regents' inspector, who will examine its equip- 
 ment and advise with its officers as to plans for the 
 future. Applications for charters or certificates of 
 admission can, however, be forwarded at any time 
 either before or after the inspector's visit and will, 
 unless there be a special reason to the contrary, be 
 acted on by the regents at their next meeting. If 
 favorably considered, a certificate of admission will 
 be granted. 
 
 Adoption of existing academy. — When an academy 
 exists within a union free school district, the board 
 of education may if authorized by a vote of the dis- 
 trict, and with the consent of the trustees of the 
 academy, adopt such academy as the academic de- 
 partment of the district. The board may lease such 
 academy and site, and maintain an academic de- 
 partment therein (viii. 27). 
 
 Note.— If a union school district which has adopted an academy as an 
 academic department be dissolved, the academy shall upon application of 
 a majority of the surviving trustees or stockholders be transferred to them 
 (viii. 35). 
 
 Begistration. — The regents will authorize the in- 
 spection of any school of academic or higher grade 
 which shall a23ply for the same, and which shall ]3ay 
 the total cost to the University of the inspector's 
 time and travelling expenses. 
 
 The academic fund. — The sum of $12,000 from the 
 income of the literature fund, f 34,000 from that of 
 the U. S. deposit fund, and |6 0,000 from the gen- 
 eral fund is annually paid for the benefit of acade- 
 
62 TJNIOK FREE SCHOOLS 
 
 mies, according to apportionment made by regents' 
 examinations held in such academies. {Chap. 378^ 
 laws of 1892.) 
 
 Note 1.— Of the $106,000 thus apportioned, $60,000 from the general 
 fund may be used only for the academic departments of union schools. 
 
 Note 2.— Provisional examinations. — On evidence satisfactory to the office, 
 preferably the recommendation of a regents' inspector, that the best educar- 
 tional interests of a school demand it, the privilege of taking regents' 
 examinations for a period not to exceed one year is sometimes granted pro- 
 visionally while the school authorities are completing the requirements 
 necessary for full admission. 
 
 Certificates of diplomas earned at examinations provisionally granted 
 as above do not draw money from the academic fund unless the school at 
 which they are earned is admitted to the University before the apportion- 
 ment of the academic fund is made for that year. 
 
 Note 3. — The moneys apportioned to common school districts must be 
 applied to the departments below the academical ; and all moneys from the 
 literature fund or otherwise appropriated for the academical department, to 
 the latter (viii. 23). 
 
 Reports. — The regents shall require of each aca- 
 demic department an annual report giving informa- 
 tion concerning trustees, faculty, students, instruc- 
 tion, equipment, methods, and operations, etc. 
 
 Note.— For refusal to neglect to make this report, the regents may sus- 
 pend its charter, or any of its rights and privileges. 
 
 Teachers^ classes. — Such academies and union 
 schools as are designated by the superintendent may 
 instruct teachers' classes of not less than 10 or more 
 than 25, for terms of not less than 16 weeks. For 
 each such scholar the school shall receive f 1.00 for 
 each week's instruction (xi. 3). 
 
 Note 1.— The schools shall be chosen by the superintendent so as to dis- 
 tribute them among the commissioner districts, having reference to the 
 number of school districts in each, and the location and character of the 
 institutions (xi. 3), 
 
 Note 2.— The instruction must be fi-ee to the pupils in the class (xi. 4). 
 
TEACHERS^ CLASSES 63 
 
 KoTE 3.— The superintendent shall prescribe the conditions of admis- 
 sion, the coui'se of instruction, the rules and regulations under which it 
 shall be given, the number of classes in a year, and the length of time 
 exceeding 16 weeks during which instruction may be given (xi. 3). 
 
 Note 4.— At the close of the term, the commissioner shall examine said 
 classes, and issue teachers' certificates to such as prove worthy (xi. 7). 
 
 (c) To receive non-resident pupils, — Trustees also 
 have this power. See page 38. 
 
 {d) To provide fuel, furniture and other necessaries. 
 — In ordinary districts, the expenditure of trustees 
 without vote of the district is limited to the pur- 
 chase of "fuel, stoves or other heating apparatus, 
 pails, brooms and other implements necessary to 
 keep the schoolhouse or houses and the school-room 
 or rooms clean and to make them reasonably com- 
 fortable for use, w^hen no provision therefor has been 
 made by a vote by the district, or the sum voted by 
 the district for said purpose shall have proved insuf- 
 ficent" (vii. 60). See page 48. The purchase of 
 furniture by boards of education is already author- 
 ized by 6 (c), page 57. 
 
 (e) To appoint librarians. — Trustees have this 
 power. See page 48. 
 
 (11) To employ by written contract, and to pay 
 qualified teachers by written contract (viii. 15, 11). 
 This power is the same as that of trustees. See 
 pages 33-37. 
 
 Note.— The contract is subject to the rules established by the board 
 (77U). 
 
 (12) To fill any vacancies in the board (viii. 15. 
 12 ; 766, 770). 
 
64 UNION FREE SCHOOLS. 
 
 In ordinary districts vacancies are filled by the 
 district meeting, or by the commissioner. See page 
 29. 
 
 (13) To remove a member of the board for official 
 misconduct (viii. 15. 13 ; 768, 770). 
 
 In ordinary districts, only the superintendent can 
 remove a trustee. See page 29. 
 
 Note.— The superintendent may remove any member of a board, for 
 cause shown and after given opportunity for defence. Wilful violation or 
 neglect of duty is cause for removal (viii. 29). 
 
 (14) To provide for the school at least two water- 
 closets, entirely separated and with separate means 
 of access (viii. 15. 14). 
 
 Trustees have this power, but it nmst be exercised 
 under direction of the commissioner, and the amount 
 must not exceed $50. See pages 47, 48. 
 
 (15) To build outside stairways on buildings more 
 than two stories high (viii. 15. 15). 
 
 This is also required of trustees. See page 31. 
 
 (16) If the population of the district is more than 
 5,000, and if it is thought advisable, to appoint a 
 superintendent (viii. 17). See page 18. 
 
 Trustees of a large district school might appoint 
 head teacher and call him superintendent ; but he 
 would not draw the f 800 ; and he would have to 
 hold a teacher's certificate, which is not required of 
 city and village superintendents. 
 
 (17) To keep an accurate record of its proceedings 
 in books open to public inspection (viii. 18). 
 
TAXATIOK 65 
 
 This is also required of trustees. See page 49. 
 
 (18) To publish each year 20 days before the 
 annual meeting in at least one newspaper of the dis- 
 trict a detailed account of all moneys received and 
 expended (viii. 18). 
 
 This is not required of trustees. 
 
 (19) To appoint committees to visit all schools at 
 least twice in each quarter, and report at the next 
 regular meeting (viii. 22). 
 
 This is not required of trustees. 
 
 (20) To appoint an attendance officer for the ar- 
 rest of truants ( Chap. 671, laws of 189 i). See page 43. 
 
 Note— They may establish schools or set apart separate rooms for 
 truant schools {Cha^. 671, laws of 1S9U). 
 
 (21) Drawing. — To cause free instruction to be 
 given in free-hand or industrial drawing, unless ex- 
 cused by the superintendent (xv. 21). 
 
 This is not required of trustees, though it is of 
 course permitted. See page 43. 
 
 Note.— Boards are also authorized to maintain evening schools for in- 
 struction in industrial drawing, whenever the city authorizes in a city, or the 
 district meeting in other union free school districts, shall so vote, for which 
 purpose additional power to raise money for this purpose is conferred 
 (XV. 22). 
 
 (22) Vocal music. — Boards may cause free instruc- 
 tion to be given in vocal music (xv. 23). 
 
 Trustees no doubt have the same power under 
 their general control of the course of study (page 
 43) ; but this is a special authorization, meant to 
 encourage the study of music. 
 
66 UNION PREE SCHOOLS 
 
 (23) Kindergartens. — Boards may establish and 
 maintain one or more kindergarten schools (xv. 24). 
 
 Trustees have no such power. See page 44. 
 
 Note 1.— No child under 4 years may be admitted, and the board may 
 fix the highest limit of age. Children under 5 years shall be reported sep- 
 arately, and shall not be counted in distributing the public moneys (xv. 24). 
 
 Note 2.— All teachers employed in these kindergartens must be licensed 
 like other teachers (see page 33) ; and are counted in the district quotas (see 
 page 10). 
 
 (24) Industrial training. — Boards may maintain 
 departments of industrial training ; and purchase 
 such outfit and employ such teachers as may be 
 authorized by the city authorities or district meet- 
 ing (xv. 25). 
 
 Trustees have the same power. See page 44. 
 
 (25) Colored children. — Boards in any city or 
 incorporated village, and other union free schools 
 when authorized by district meeting, may establish 
 separate but equal schools for children of African 
 descent (xv. 28, 29). 
 
 Trustees have no such power. See page 38. 
 
 (26) Orphan asylums. — The schools of the incor- 
 porated orphan asylum societies, except in the city 
 of New York, shall participate in the public moneys, 
 and shall be subject to the rules and regulations of 
 the school authorities in their respective districts, 
 but shall remain under the immediate management 
 and direction of the said societies (xv. 32). 
 
 (27) Arbor day. — It shall be the duty of the 
 authorities of every public school to assemble the 
 
TAXATION" 67 
 
 scholars on the Friday following the 1st day of May, 
 to conduct such exercises as shall tend to encourage 
 the pli^nting, protection, and preservation of trees 
 and shrubs (xv. 45). 
 
 Note— Pamphlets containing a course of exercises and instruction are 
 published and distributed annually by the superintendent (xv. 46). 
 
 (28) To keep within the appropriation in all ex- 
 penditures (viii. 23). 
 
 Note.— In the union schools of cities or incorporated villages, all moneys 
 appropriated or raised by tax are to be paid into the city or village treasury, 
 and kept distinct ; and no money can be drawn from these funds except by 
 resolution of the board, and by drafts signed by the president and counter- 
 signed by the secretary or clerk stating on their face the purpose for which 
 they are issued (viii. 24). 
 
 Note 2.— In other union schools, the said funds shall be paid to the 
 treasurers of the boards of education, and money drawn only by resolution 
 and draft as in Note 1. In these districts, the boards shall annually render 
 to the school commissioner accounts of all moneys received and expended, 
 with every voucher, and certified copies of every order of the board 
 (viii. 25). 
 
 Estimate of money required. — At the annual meet- 
 ing of the district, the board shall present, besides 
 any other report or statement required by law, a 
 detailed statement in waiting of the amount of 
 money required for the ensuing year for school pur- 
 poses, exclusive of the public moneys, specifying the 
 several purposes for which it will be required and 
 the amount of each. When demanded by any voter 
 present, the question of voting the necessary taxes 
 shall be taxed upon each item separately, and the 
 inhabitants nlay increase or reduce any estimated 
 expenditures, except those /or teachers' wages and 
 the ordinary contingent expenses of the school (viii. 
 18, 19). Compare report of trustees, page 60. 
 
68 UNION' FREE SCHOOLS 
 
 Taxation without vote. — If the inhabitants shall neg- 
 lect or refuse to vote the sums estimated necessary 
 for teachers' wages after applying thereto the public 
 moneys, and the moneys received or to be received 
 for that purpose, or shall refuse or neglect to vote 
 the sums estimated necessary for contingent expenses, 
 the board may levy a tax for the same in like man- 
 ner as if it had been voted by the inhabitants (viii. 
 20). 
 
 Trustees have power - to levy tax for teachers' 
 wages, but not for the contingent expenses of the 
 school except within the limits already specified for 
 insurance, fuel, repairs, etc. See pages 33, 47, 48. 
 
 Note.— The board may not levy this tax unless the limit has been pre- 
 sented at an annual or special meeting, and the inhabitants have neglected 
 or refuse to vote it (J83). 
 
 (29) To exercise, except as specially provided for 
 above, all the powers and duties of school trustees 
 (ix. 3 ; 768) ; and whenever an academic depart- 
 ment is established, of trustees of academies (viii. 
 16 ; chap. 378, laws of 1892). 
 
 District and union free schools compared. — 
 
 The principal differences between district and union 
 
 free schools may be summarized as follows : 
 
 (a) Powers exercised ly trustees wWi restriction ; hy hoards of 
 education witliout restriction. 
 
 1. To purchase apparatus. Pages 48, 57. 
 
 2. To repair schoolhouses and furniture. Pages 48, 58. 
 
 3. To provide fuel, furniture, and other necessaries. Pages 
 48, 63. 
 
DISTRICT AND UNION SCHOOLS COMPARED 69 
 
 4. To build outhouses. Pages 47, 48, 64. 
 
 (b) Powers exercised in ordinary districts by tlie district meeting; 
 in union free scliool districts by the board of education. 
 
 1. To prescribe text-books. Pages 44, 55. 
 
 2. To purchase furniture. Pages 48, 57, 63. 
 
 3. To turn over the library to a public library. Page 49. 
 
 4. To fill vacancies in the board. Pages 29, 63. 
 
 5. To waive relationship of teacher to trustee. Page 34. 
 
 (c) Powers exercised by boards of education that do not exist in 
 ordinary districts. 
 
 1. To hold gifts and legacies. Page 58. 
 
 2. To remove members of the board. Pages 29, 64. 
 
 3. To appoint a superintendent. Pages 18, 64. 
 
 4. To publish an annual financial statement in a newspaper. 
 Page 65. 
 
 5. To appoint visiting committees. Page 65. 
 
 6. To levy without vote of district a tax for contingent ex- 
 penses. Pages 33, 47, 48, 56, 66. 
 
 7. To appoint an attendance officer. Pages 43, 65. 
 
 8. To establish truant schools. Pages 43, 65. 
 
 9. To establish kindergartens. Pages 44, 67. 
 
 {d) Powers of the school-meeting in union free school districts that 
 do not exist in ordinary districts. 
 
 1. To provide free text-books. Pages 23, 55. 
 
 2. To vote a tax for a schoolhouse without limit or approval 
 of commissioner. Pages 31, 57. 
 
 3. To establish an academical department. Page 59. 
 
 4. To raise money for evening drawing-schools. Page 67. 
 
 5. To establish separate schools for colored children. Pages 
 38, 66. 
 
 (30) To make on Aug. 1 of each year and deposit 
 in the town clerk's office a report to the commis- 
 sioner of all matters on which trustees are required 
 to report (see page 49), and on such other matters as 
 the superintendent may require (yiii. 28 ; 769). 
 
70 NORMAL SCHOOLS 
 
 Note.— Every union school is subject to the visitation of the superinten- 
 dent, who has general supervision over the board of education and the 
 management and conduct of the departments of instruction. He may at 
 any time require of the board a report upon any particular matter (viii. 28). 
 Wilful disodedience of any lavv^ful requirement of the superintendent Is 
 cause for removal (viii. 29). Any person may appeal to the superintendent 
 against the action of any special meeting or the order of a commissioner 
 altering or dissolving a union free school district (viii. 41). 
 
 NORMAL SCHOOLS 
 
 New State normal schools are now established 
 only by vote of the legislature. 
 
 Local hoards. — The immediate supervision and 
 management of each normal school, subject to the 
 general supervision and direction of the superin- 
 dent, is vested in its local board, the members of 
 which are appointed by the superintendent for life, 
 subject only to removal by the concurrent action of 
 the superintendent and of the chancellor of the 
 university of the State of New York. 
 
 Management. — These boards (a) make the rules 
 and regulations ; {h) make annual reports to the leg- 
 islature on Jan. 1 ; (c) prescribe the course of in- 
 struction ; and {d) employ the teachers : their action 
 being in all these matters subject to the approval of 
 the superintendent. 
 
 Note.— The superintendent determines how many teachers shall be em- 
 ployed, and their salaries. 
 
 Course of Study. — Normal schools must give in- 
 struction (a) in physiology and hygiene, with special 
 reference to the effects of alcoholic drinks, stimu- 
 lants^ and narcotics (xv. 19) ; (b) in industrial and 
 
ACADEMIC DEPARTMENTS 71 
 
 free-hand drawing (xv. 21) ; (c) in vocal music (xv. 
 23) ; {d) in industrial training so far as prescribed by 
 the superintendent and their local boards (xv. 27) ; 
 
 They are entitled to receive from the American 
 Museum of Natural History, at least one illustrated 
 lecture every year, and such appliances, plates, and 
 apparatus as may be necessary for proper instruc- 
 tion in natural history (Chap. 428, laws of 1886 ; 
 chap. 6, laws of 1893). 
 
 Pupils. — The statute provides for proportionate 
 representation of the counties, but in practice any 
 pupil in the State may select which normal school 
 he wdll attend. They are admitted upon recom- 
 mendation of a school commissioner or city super- 
 intendent, approved by the superintendent, and up- 
 on passing an examination. 
 
 Note.— The examination questions from 1887 to 1892 are published in 
 " The New York Question Book ", with " Supplement No. 1 " and " Supple- 
 ment No. 2." 
 
 Expenses.-— Tu^ih are entitled to all the privileges 
 of the school, free from charges for tuition, or for 
 the use of books or apparatus. 
 
 Note 1.— Pupils not residents of the State must pay tuition. 
 Note 2.— The pupil's railroad fare from home to the school one way 
 each term is paid by the State. 
 
 Academic departments.' — Normal schools cannot re- 
 ceive into their academic departments any pupil 
 not a resident of the territory for the benefit of 
 which the State has pledged itself to maintain such 
 department (Chap. 142^ laws of 1889). 
 
72 INDIAN SCHOOLS 
 
 Note.— This applies to the schools which turned over academic property 
 to the State on certain conditions. 
 
 Tuition money received by normal schools may be 
 used for current expenses (Chap. 492, laws of 1870). 
 
 INDIAN SCHOOLS 
 
 Management — These are in charge of the superin- 
 tendent, who shall establish such schools as he thinks 
 necessary, employ superintendents, and, with the 
 concurrence of the comptroller and secretary of State, 
 cause to be erected the necessary buildings (xv. 33). 
 
 Public moneys. — Indian children between 4 and 
 21 shall draw public money the same as white chil- 
 dren, and such money must be exclusively devoted 
 to their education (xv. 36). There shall also be an 
 annual appropriation of |6,000 by the legislature 
 (xv. 37). Seepage 10. 
 
 INSTITUTIONS rOB, THE DEAF AND DUMB, AND FOR 
 
 THE BLIND. 
 
 Management. — These institutions are subject to the 
 visitation of the superintendent (xv. 40). 
 
 Admission. — All deaf and dumb or blind persons, 
 resident of this State for the three years preceding, 
 upwards of 12 years of age, shall be eligible to 
 appointment as State pupils to one of the institutions 
 in this State. Such appointments are made by the 
 superintendent, upon application under such con- 
 ditions as to share of expense to be paid by parents, 
 guardians, or friends as he may impose (xv. 41 ; 
 131-138). 
 
CORNELL SCHOLARSHIPS 73 
 
 Note. — Appointments to the Institution for the Blind in Batavla are not 
 made by the superintendent. 
 
 CORNELL SCHOLARSHIPS 
 
 Note— In bestowing upon Coniell Uniyersity, as an endowment, the pub- 
 lic lands granted this State by congress in 1862, the State reserved the privi- 
 leges of free instruction to be given to a limited number of pupils from all 
 parts of the State at such institution. 
 
 Number. — The institution shall annually receive 
 students to the number of one from each assembly 
 district in the State, free of tuition fees or incidental 
 charges (xii. 1). 
 
 Note. — In case a candidate entitled to the scholarship by reason of 
 highest standing in the examination should fail in his entrance examination 
 at the university, should die, resign, be expelled, or vacate such scholarship 
 in any way, either before or after entering, then the candidate next in 
 excellence becomes entitled to it ; if there be no such candidate resident in 
 the county, then the superintendent may appoint one from some other 
 county (xii. 1. 5). 
 
 How aivarded. — These scholarships shall be award- 
 ed by competitive examination of candidates by the 
 school commissioners and city superintendents of 
 each county. These examinations shall occur at 
 the court-house of each county on the first Saturday 
 in June in each year. The questions are prepared 
 by the department of Public Instruction and the 
 examination papers handed in are to be forwarded 
 there (xii. 1). 
 
 Note 1.— The questions from the beginning to 1892arepublished in " The 
 New York Question Book ", and in " Supplement No. 1 ", and " Supplement 
 No. 2." 
 
 Note 2.— As it is intended that this free instruction shall be a reward 
 for superior scholarship in the public schools, none are eligible but those who 
 have atte'ided some of the common schools or academies of the State at 
 least 6 months of the year immediately preceeding the examination, and 
 who are at least 16 years of age (xii. 1. 2). Children of those who haye died 
 
74 UNIVERSITY OF THE STATE OF NEW YORK 
 
 in the military or naval service of the United States are to have preference 
 (xii. 1. 7). 
 
 Note 3.— A student may in the discretion of the president of the univer- 
 sity he granted leave of ahsence from his studies for the purpose of earning 
 funds to defray his living expenses at school, and be allowed 6 years to 
 complete the course (xii. 1. 6). 
 
 THE UNIVERSITY OF THE STATE OF NEW YORK 
 Note.— The present university law is chapter 378, of the laws of 1892. 
 
 History. — The university of the State of New York 
 was created in 1784 under the name of *' regents of 
 the university of the State of New York ", as a 
 branch of the State government. 
 
 Note.— The word " regent " was first used by the University of Paris, 
 and signified a master qualified to teach. In the English universities the 
 rule grew up that only those masters actually teaching, the "regents " as 
 distinguished from the non-regents, should have a right to vote in certain 
 university assemblies, the regent combining the functions of teaching and 
 of governing. New York put the name to a new use, making the regents 
 not the teaching but the governing ho^.^.— Sidney S]ierwoo(Z''s History, pages 
 256, 257. 
 
 The objects of the university are to encourage and 
 promote higher education ; to visit and inspect its 
 several institutions and departments ; to distribute 
 to or expend or administer for them such property 
 and funds as the State may appropriate therefor, or 
 as the university may own or hold in trust or other- 
 wise ; etc. 
 
 Note.— In 1812 it started the movement that resulted in forming the 
 system of public instruction ; in 1833 it established teachers' classes ; in 1864 
 it started its system of examinations ; and in 1892 it received exclusive 
 power of granting charters to educational institutions in the State. It has 
 pitblished annual reports, which since 1835 have given educational statistics 
 in great detail. In 1863 it established the university convocation, an annual 
 meeting of teachers which has grown to be one of the most important in the 
 country. In 1889 it took up the work of university extension. 
 
 Extent. — The university consists of all institutions 
 
OFFICERS 75 
 
 of higher education which are now or may hereafter 
 be incorporated in this State, and such other hbraries, 
 museums or other institutions for higher education 
 as may, in conformity with the ordinances of the 
 regents, after official inspection, be admitted to or 
 incorporated by the university. 
 
 Government. — The university is governed and its 
 corporate powers exercised by 23 regents, including 
 the governor, lieutenant-governor, secretary of state, 
 and superintendent, who are regents by virtue of 
 their offices. 
 
 Note 1.— In case of the death, resignation, or removal from the State of 
 any elective regent, his successor shall be chosen by the legislature in the 
 manner provided by law for the election of senators in congress, except 
 that the election may take place at any time during the session of the legis- 
 lature as it may determine. 
 
 Note 2.— No person shall be at the same time a regent of the university 
 and a trustee, president, principal, or any other officer of any institution 
 belonging to the university. 
 
 Officers. — The elective officers of the university are 
 a chancellor, a vice-chancellor, a secretary, and such 
 other officers as are either authorized by law, or 
 deemed necessary by the regents, all of whom are 
 chosen by ballot and hold office during the pleasure 
 of the regents. 
 
 Note.— No election, removal or change of salary of an elective officer 
 shall be made by less than ten votes in favor thereof. Each officer so elected 
 shall, before entering on his duties, take and file with the secretary of state 
 the oath of office required of State officers. 
 
 Chancellor. — The chancellor presides at all meet- 
 ings of the regents, confers all degrees which they 
 shall authorize, and fixes the time and place of all 
 special meetings. 
 
76 UNIVERSITY OP THE STATE OP NEW YOEK 
 
 Note. — In his absence the vice-chancellor, or, if he be also absent, the 
 senior regent present, performs the duties and has all the powers of the 
 chancellor. 
 
 Secretary. — The secretary is responsible for the 
 safe-keeping and proper use of the university seal, 
 and of the books, records, and other property in 
 charge of the regents, and for the proper administra- 
 tion and discipline of its various offices and depart- 
 ments. 
 
 Note 1.— He shall give bonds, to be approved by the chancellor, in writ- 
 ing, in the penal sum of $10,000 for the faithful discharge of his duties. 
 
 Note 2.— He shall have power to appoint, subject to the confirmation of 
 the chancellor, any other officer of the university as his deputy to exercise 
 temporarily any specified powers of the secretary in his absence. 
 
 Meetings. — In addition to the annual meeting, the 
 chancellor shall call a meeting as often as the busi- 
 ness of the university requires, or if 5 regents in 
 writing so request. 
 
 Note 1.— At least 10 days notice of every meeting shall be given to each 
 regent. If any regent shall fail to attend the meetings for one year without 
 written excuse accepted as satisfactory by the regents, he shall be deemed 
 to have resigned, and the regents shall report the vacancy to the legislature 
 if in session, or at the opening of its next succeeding session, when the va- 
 cancy must be filled. 
 
 Note 2.— For the transaction of business, 10 regents attending shall be a 
 quorum ; but the regents may elect an executive committee of not less than 
 7, which in the interval between the meetings may transact such business of 
 the regents as they may authorize, except to grant or revoke charters, or 
 grant honorary degrees. 
 
 Degrees and diplomas. — The regents may confer by 
 diploma under their common seal such honorary 
 degrees as they may deem proper, and may estab- 
 lish examinations as to attainments in learning, and 
 award and confer suitable certificates, diplomas and 
 degrees on persons who satisfactorily meet the re* 
 quirements prescribed. 
 
CONTROL 77 
 
 Examinations. — They shall establish in the acade- 
 mies of the university, examinations in studies fur- 
 nishing a suitable standard of graduation from the 
 academies and of admission to colleges, and certifi- 
 cates or diplomas shall be conferred on students who 
 satisfactorily pass such examinations. 
 
 Note 1.— All the questions in arithmetic, geography, grammar, and spell- 
 ing, up to June, 1882, are published with answers in a single volume called 
 " The Eegents Questions Complete, with Key ", price $2.00. No other ques- 
 tions with answers have been published, but the questions alone for the pre- 
 ceding year may be had at any time in book form for 50 cts. 
 
 Note 2.— Any pei-son shall be admitted to these academic examinations 
 who shall conform to the rules and pay the fees prescribed by the regents, 
 and said fees shall not exceed $1.00 for each academic branch and $5.00 for 
 each higher branch in which the candidate is examined. 
 
 Control. — The university, including the State li- 
 brary and State museum, and such other depart- 
 ments as the regents may establish, is under the 
 control of the regents, who have all the powers of 
 trustees, including full authority to appoint all 
 needed officers and employees; to fix their titles, 
 duties, salaries and terms of service ; to make all 
 needed regulations to buy, sell, exchange or receive 
 by will, gift or on deposit articles or collections prop- 
 erly pertaining thereto; to maintain lectures con- 
 nected with higher education in this State ; and to 
 lend to or deposit permanently with other institu- 
 tions books, specimens or other articles in their cus- 
 tody which, because of being duplicates or for other 
 reasons, will, in the judgment of the regents, be 
 more useful in the said institutions than if retained 
 in the original collections at Albany. 
 
78 UNIVERSITY OF THE STATE OF NEW YORK 
 
 State Publications. — The regents have charge of 
 the preparation, publication, and distribution, 
 whether by sale, exchange or gift, of the colonial 
 history, natural history, and all other State publica- 
 tions not otherwise assigned by law. 
 
 To guard against the waste of destruction of 
 State publications, and to provide for the completion 
 of sets to be permanently preserved in American 
 and foreign libraries, the regents maintain in the 
 State library a duplicate department to which each 
 State department, board, or bureau shall send not 
 less than five copies of each of its publications when 
 issued, and after completing its distribution, any re- 
 maining copies which it no longer requires. The 
 above publications, with any other books and pam- 
 phlets not needed in the State library, constitute the 
 duplicate department, and the rules for sale, ex- 
 change or distribution from it are fixed by the 
 regents, who use all receipts from such exchanges 
 or sales for the increase of the State library. 
 
TABULAR ANALYSIS 
 
 Page 
 
 Sup't of Public I]s^sTRUCTIo:^r - - - 9 
 
 Election - - - - - 9 
 
 Appeals - - - - - 9 
 
 State School. Moneys - - - - 9 
 
 How made up - - - - - 9 
 
 How apportioned by the superiiitendent - 10 
 
 How apportioned by commissioners - 10, 15 
 How distributed by the State and county treasurers - 11 
 
 How distributed by the supervisor - - 13 
 
 Supervisor - - - - - 12 
 
 Town school treasurer - - - 12 
 
 Report to county treasurer - - - 13 
 
 Failure to pay county tax - - - 13 
 
 Town Clerk - - - - - 13 
 
 Records . - - - - 13 
 
 Reports of trustees - - - - 13 
 
 Alteration of boundaries - - - - 14, 17 
 
 ScHOOii Commissioner - - - - 14 
 
 Election .... 14 
 
 Qualifications - *- • - - - 14 
 
 Salary . . . . . 14 
 
 Removal - - - - - - 15 
 
 Apportionment - - - - 10, 15 
 
 Visitation - - - - - 15 
 
 Condemnation of schoolhouses - - 15 
 
 Examination of teachers - - - 16 
 
 Annulment of licenses - - - 16 
 
 Teachers' classes - - - - 16 
 
 Teachers' institutes - . " ■ 1^ 
 
 District boundaries - - - - 17 
 
 (81) 
 
82 SCHOOL LAW OF THE STATE OF NEW YORK 
 
 Page 
 
 Reports - - - - - 18 
 
 City and Village Superintendents - - 18 
 
 Limit of population . . - 18 
 
 District Meetings - - - - 19 
 
 Time and place - - - - 19 
 
 In districts of 300 children - - - 19 
 
 Special meetings - - - 20 
 
 Qualifications of voters - - - - 20 
 
 Illegal voting . . - . 21 
 
 Powers of School Meeting - - - 22 
 
 Election of ofRcers - - - .22 
 
 Sites and buildings - - - 23, 31, 32, 56 
 
 Purchase of apparatus - - - 23, 48 
 
 District Clerk - - - - 24 
 
 Duties - - - - , - 24 
 
 Notices of election - - - - 25 
 
 Penalties .... 25 
 
 District collector - . , . - 25 
 
 Bond required .... 25 
 
 Vacancy - - - " - - 26 
 
 Delivery of warrant - - 26, 30, 32 
 
 Renewal of warrant - - - - 26 
 
 Posting notices . . - . 26 
 
 Compensation - - - - 26 
 
 Enforcement of tax levy - . . 27 
 
 May sell personal property but not real-estate - 27 
 
 Money held in trust - . . 27 
 
 Unpaid taxes - - - - 28 
 
 Treasurer .... 28 
 
 Trustees - - - - ' - 28 
 
 Number .... 28 
 
 Office how vacated - - - - 29 
 
 Removal by superintendent - - 29 
 
 Vacancies how filled - - - - 29 
 
 May fill other vacancies ... 30 
 
 Board meetings - - - - 30 
 
TOPICAL ANALYSIS 83 
 
 
 Page 
 
 Powers and duties - - , 
 
 80 
 
 Make out tax-list 
 
 - 30, 46 
 
 Limit to tax for building 
 
 31 
 
 Schoolhouses condemned 
 
 33 
 
 Purchase or lease a sclioolhouse site 
 
 32, 56 
 
 Have custody of property 
 
 33 
 
 Employ teachers 
 
 33 
 
 Qualified teachers 
 
 - 33, 46 
 
 Not limited by wishes of district - 
 
 33 
 
 Sole trustee may employ in advance - 
 
 33 
 
 Relationship a bar to employment 
 
 34 
 
 Make written contract with teachers 
 
 34 
 
 Dismissal of teachers 
 
 35 
 
 The power to dismiss 
 
 36 
 
 Establish regulations and courses of study 
 
 - 37, 55, 58 
 
 Attendance 
 
 37 
 
 Children of school age 
 
 37 
 
 Suspension and exj^ulsion 
 
 38 
 
 For tardiness 
 
 38 
 
 For absence 
 
 39 
 
 For non-vaccination 
 
 43 
 
 The compulsory law 
 
 43 
 
 Course of study 
 
 48, 55 
 
 Text-books 
 
 - 44, 55 
 
 Changing text-books - 
 
 44 
 
 Religious exercises 
 
 44 
 
 Conduct of pupils 
 
 45 
 
 Give to teachers orders for their wages 
 
 46 
 
 Payment of unqualified teacher 
 
 33, 46 
 
 Outbuildings 
 
 47 
 
 Purchase of apparatus 
 
 - 23, 48, 57 
 
 Libraries 
 
 48 
 
 Branch schools 
 
 49 
 
 Contracts with city schools 
 
 49 
 
 Records 
 
 49 
 
 Payment to themselves 
 
 50 
 
 Reports 
 
 50 
 
84 SCHOOL LAW OF THE STATE OF NEW YORK 
 
 Page 
 Union free schools - - - - 50 
 Establishment - - - ^ - 50 
 Union meeting - - - - 51 
 Election of board of education - - 51 
 Change in number of members - - 52 
 Dissolution - - - - 53 
 Notice to commissioner - - - 53 
 Annual meeting - - - - 54 
 Powers of a board of education - - - 54 
 Establish rules and regulations - - 55 
 Prescribe the course of study - - - 55 
 Prescribe the text books used - - 55 
 Furnish to pupils if so voted - - 55 
 Purchase sites and construct schoolhouses - 56 
 In villages and cities - - - 56 
 In other union free school districts - 57 
 Purchase furniture and apparatus - - 57 
 Keep schoolhouse and furniture in repair - 58 
 Have superintendence of school - - 58 
 Establish an academic department - 59 
 Admission to the regents - - - 59 
 Employ teachers . - - 63 
 Appoint a superintendent - - - 64 
 Publish financial report - - - 65 
 Appoint truant officer - - - 65 
 Cause instruction to be given in drawing and music 65 
 Establish kindergarten and manual training depart- 
 ments .... 66 
 Open schools for colored children - - 66 
 Celebrate arbor day - - - 66 
 Present estimate of money requked - - 67 
 Levy tax for expenses not provided for - 68 
 District and Union Free Schools Compared - 68 
 Normal Schools .... 70 
 Local boards - - - - 70 
 Management .... 70 
 Course of study - - - - 70 
 
TOPICAL ANALYSIS 85 
 
 Page 
 
 Admission of pupils - - - 71 
 
 Expenses of pupils - - - - 71 
 
 Academic departments . . . 71 
 
 Indian Schools ----- 73 
 
 Management .... 72 
 
 Public moneys - - - - 73 
 
 Institutions FOR the Deaf and Dumb, and for the Blind 73 
 
 Management - - - - - 73 
 
 Admission .... 72 
 
 Cornell Scholarships - - - - 73 
 
 Number .... 73 
 
 How awarded - - - - 73 
 
 University of the State of New York - 74 
 
 History . .... 74 
 
 Objects - - - . . 74 
 Extent of jurisdiction - - - "74, 77 
 
 Government .... 75 
 
 Officers ..... 75 
 
 Chancellor .... 75 
 
 Secretary - - , - - - 76 
 
 Meetings - - - - 76 
 
 Degrees and Diplomas - - - 76 
 
 Examinations - - -. - 77 
 
 Control - - - - - 77 
 
 State Publications - - - 78 
 
INDEX 
 
 Page 
 
 absence of pupils 39-42 
 
 for religious observances 45 
 
 from examination 39 
 
 academic department 
 
 union schools 59 
 
 normal schools 71 
 
 academic fund 61 
 
 academy, adoption of 61 
 
 defined 59 
 
 adjournments 22, 24, 51 
 
 admission to regents 59 
 
 alcoholic drinks 43, 56, 70 
 
 aliens cannot vote .21 
 
 alteration of boundaries. 12, 14, 17, 51 
 Am. Museum of Natural History. 71 
 
 annulment of district 18, 32 
 
 of teacher's license 16, 33, 35 
 
 apparatus 23, 48, 57 
 
 commissioners interested in 15 
 
 for admission to regents 60 
 
 appeals to superintendent 9, 70 
 
 application to regents 60 
 
 arbor day 66 
 
 assessments. 30, 31 
 
 Asylum for Idiots 9 
 
 attendance 37-43, 55 
 
 aggregate days 11 
 
 attendance officer 43, 65 
 
 authority over pupils 45 
 
 ayes and noes 23, 24 
 
 ballot, when required 22, 23, 24 
 
 Batavia, Institution for the Blind. 73 
 
 bequests 48, 58, 59 
 
 Bible in school 45 
 
 blind, institutions foj' 72 
 
 Page 
 
 boards of education 51-70 
 
 vacation of office 12, 14 
 
 bonded indebtedness 18, 23, 57 
 
 bonds 22, 25, 54, 76 
 
 books for libraries 48 
 
 for admission to regents 59 
 
 published by the State 78 
 
 boundaries 12, 14, 17, 51 
 
 branch schools 49, 58 
 
 Brooklyn excepted 31, 50 
 
 brooms 48 
 
 Catholic schools 45 
 
 certificates of teachers IG, 33 
 
 chancellor of the university 70, 75 
 
 charter elections 52, 54 
 
 Christmas a holiday 10 
 
 cities, special provisions 
 
 10, 19, 49,51, 52, 54, 56, 67 
 
 of more than 30,000 56 
 
 citizenship required 
 
 of voters and district officers 21 
 
 of commissioners 14 
 
 <Svil procedure, code of 56 
 
 clerk, district 19, 24, 25, 26, 30 
 
 union schools 54 
 
 clerk, town. .13, 14, 17, 18, 25, 32, 52, 69 
 
 closing school 34, 35 
 
 code of civil procedure 56 
 
 code of public instruction 33 
 
 collector 12, 22, 25, 28, 32, 46 
 
 union schools 54 
 
 college graduate certificate 33 
 
 colored children 38, 55, 66 
 
 commissioners .....14-18 
 
 accept resignations 29 
 
 (87) 
 
8S 
 
 SCHOOL LAW OF THE STATE OF NEW YORK 
 
 Page 
 
 apportion public moneys 10, 15 
 
 appoint trustees 29 
 
 approve of tax and plans 
 
 23,51,57 
 
 condemn schoolhouses 15, 32 
 
 consent to alteration of site 23 
 
 to dissolution of union schools 
 
 53,70 
 
 dissolve districts 51 
 
 records of 25 
 
 examine teachers 16 
 
 teachers' classes 63 
 
 for Cornell scholarships 73 
 
 may not be teacher or trustee, 
 
 14,22, 53 
 
 order outbuildings erected 48 
 
 special meetings 19 
 
 receive trustees' reports 
 
 ...13,52,67,69 
 
 use schoolhouses 16, 17, 32 
 
 salaries of 10 
 
 commissioner districts 13 
 
 committees to visit schools 65 
 
 common school fund 9 
 
 of a town 12 
 
 compulsory law 43 
 
 contracts with teachere 33, 34 
 
 with city schools 49 
 
 convocation, university 74 
 
 Cornell university 9 
 
 scholarships 73 
 
 Cortlandt excepted 54 
 
 course of study 15, 37, 43-45, 55 
 
 county judge 11 
 
 county treasurer 11, 13 
 
 deaf and dumb 72 
 
 degrees and diplomas 76 
 
 department of public instruction.. 74 
 
 dictionary 48 
 
 discipline 15, 36, 37, 38 
 
 dismissal of teachers 35-37 
 
 disobedience 29, 70 
 
 dissolution of district 12, 18, 25 
 
 union school ...52 
 
 Page 
 district 
 
 alteration of boundaries 
 
 12,14, 17, 51 
 
 dissolution 12, 18, 25 
 
 inhabitant of 30 
 
 library money 11, 12 
 
 moneys .50 
 
 officers' addresses 14 
 
 teacher's quota 10, 11, 49, 66 
 
 treasurer 12, 22, 28, 54 
 
 imder special act 19 
 
 union 51 
 
 district and union schools com- 
 pared... 68 
 
 district clerk 19, 24, 25, 26, 30 
 
 district collector 
 
 12,22, 25-28,32, 46 
 
 district meetings 19-24 
 
 must be held in dissolved dis- 
 trict 18 
 
 must have representative at- 
 tendance 19 
 
 notice by clerk 24 
 
 notice if not in schoolhouse 20 
 
 time of election extended ... 20 
 
 may accept resignations 29 
 
 may not select teacher 33 
 
 may permit trustee to hire rela- 
 tion 34 
 
 should vote on payment to trus- 
 tees 50 
 
 in districts of 300 children 19, 21 
 
 in union free school districts. . .56, 57 
 estimate of money required. . .67 
 
 special meetings 20, 24, 30, 47 
 
 notice by clerk 24, 25, 30 
 
 for condemned schoolhouse. ..32 
 
 for union free school 50 
 
 for disolution of u. f. s 63 
 
 appeal from 70 
 
 district treasurer , 12, 22, 28, 54 
 
 Draper, Sup't 41 
 
 drawing 43, 44, 65, 70 
 
 election, notice of 24, 25,'*30 
 
INDEX 
 
 89 
 
 Page 
 
 election days 10 
 
 Ellington, District No. 2 39 
 
 epidemic, school closed for 35 
 
 Erie county excepted 20 
 
 exceptions from parts of the law, 
 
 20,31,54,56 
 
 estimate of money required 50, 67 
 
 evening schools 44, 65 
 
 examinations, absence from 39 
 
 in school buildings 32 
 
 of teachers 16 
 
 of teachers' classes 63 
 
 expulsion of pupils 38-43 
 
 extension, university 74 
 
 fast days are holidays 10 
 
 fines upon pupils 38 
 
 upon officers. See penalties 
 
 free-hand drawing 43, 44, 65, 70 
 
 fuel , 48,63 
 
 furniture 57, 63 
 
 commissioner interested In 15 
 
 repaired 16 
 
 general laws quoted 42 
 
 gifts and legacies 48, 58, 59 
 
 Gilmour, Sup't 39 
 
 globes 23, 48 
 
 gospel lots 12 
 
 grading of schools 59 
 
 heating and ventilation.. 23, 51, 57, 58 
 
 high school defined 59 
 
 holidays 10, 35 
 
 closing school on school day . . 34, 35 
 
 illegal voting 21 
 
 immorality of pupils 38 
 
 of teachers as, 35 
 
 of trustees 29 
 
 incompetency 33, 35 
 
 incorporated villages, special pro- 
 visions 19, 51, 52, 54, 56, 67 
 
 Indian children 37 
 
 schools 10, 72 
 
 indigent pupils 2a, 55 
 
 Page 
 
 industrial drawing 43, 44, Co, 70 
 
 industrial training 66, 71 
 
 inefficiency 35 
 
 inhabitant of district 30 
 
 instalments 18, 23, 57 
 
 institutes 9 
 
 attendance of teachers 10 
 
 care of commissioner 17 
 
 close of schools for 17, 35, 72 
 
 time not to be made up 35 
 
 in school buildings 32 
 
 insubordination 38 
 
 insurance 24, 33, 58 
 
 joint district. . 
 junior schools. 
 
 ..51 
 .59, 60 
 
 keeping a good school 35 
 
 kindergartens 44, 66 
 
 Labor-day a holiday 10 
 
 law-suits 24, 47 
 
 legacies .48, 58 
 
 length of contract 33, 34 
 
 libraries 10, 11, 46, 48, 63 
 
 licenses of teachers 16, 33 
 
 licentious propensities 38 
 
 literature fund 61 
 
 local normal boards 70 
 
 majority vote 22,23 
 
 management of schools. 15, 37, 58, 70 
 manual training.. 43, 44, 65, 66, 70, 71 
 
 maps 23, 48 
 
 meetings, district 19-24 
 
 boards of education 54 
 
 regents 76 
 
 trustees 25, 30 
 
 middle schools 59 
 
 misdemeanors 
 
 commissioners 15 
 
 illegal votei-s 21 
 
 supervisors 11 
 
 trustees 33, 46 
 
 Missouri decision 42 
 
 money held in trust 27 
 
90 
 
 SCHOOL LAW OF THE STATE OF NEW YORK 
 
 Page 
 
 monitors not teachers 10 
 
 music. 44 
 
 names and addresses of district 
 
 officers 14 
 
 narcotics 43, 56, 70 
 
 neglect of duty 29 
 
 negligence 35 
 
 New Years a holiday 10 
 
 New York city excepted 31 
 
 newspaper notice required. 51, 57, 65 
 
 non-resident pupils 37, 38, 63 
 
 tax payers 31 
 
 normal schools. 70 
 
 diplomas 16, 33 
 
 students 71 
 
 notice of election 24, 25, 30 
 
 nuisances abated 16, 48 
 
 orphan asylums 37, 66 
 
 outbuildings 16, 47, 64 
 
 outside stair-cases 31, 64 
 
 pails provided 48 
 
 parent's authority 40, 41, 43, 45 
 
 pedagogic books 48 
 
 penal code , . .21 
 
 penalties 
 
 commissioners 15 
 
 employers 43 
 
 parents 43 
 
 supervisor 11 
 
 town clerk 25 
 
 trustees 33, 47, 50 
 
 changing text-books 44 
 
 illegal voting 21 
 
 neglect of school officers 47 
 
 non-report to commissioner 47 
 
 non -report to regents 62 
 
 refusal to serve 29 
 
 unclean outhouses 47 
 
 schools not closed for institute . . 17 
 
 supex-visor to sue for 12 
 
 physiology and hygiene 43, 56, 70 
 
 poor-house children 37 
 
 Page 
 
 poor scholars 23, 55 
 
 posting of notices 26, 51 
 
 prayer in school 45 
 
 privies 16, 47, 64 
 
 provisional regents' examinations.62 
 
 public moneys 9-12, 62 
 
 apportioned by commissioners. . 15 
 
 to Indian schools 10, 72 
 
 withheld for failure to report. . .47 
 
 for unclean outbuildings 47 
 
 publications by the State 78 
 
 pupil attendance 17 
 
 pupil teachers 10 
 
 pupils, authority over 55 
 
 teachers and parent 40, 41, 55 
 
 expulsion of 38-43 
 
 indigent .23, 55 
 
 non-resident 37, 38, 63 
 
 normal 71 
 
 transfer of 55 
 
 truant schools 43, 65 
 
 qualifications of commissioner ... 14 
 
 of district officers 22 
 
 of voters ; 20, 51 
 
 qualified teachers 10, 33, 35, 64 
 
 railroad taxes 26 
 
 reading-books from libraiy money. 48 
 
 records, boards of education 64 
 
 town clerk 13 
 
 trustees 49 
 
 reference books 48 
 
 I'egents of the university. .59-62, 74-78 
 
 examinations 62, 74, 77 
 
 transfer of library 48 
 
 registration of schools 61 
 
 relationship of teacher to trustee.. 34 
 
 religious exercises 44 
 
 meetings in schoolhouses 32 
 
 observances by pupils 39, 45 
 
 removal of commissioners 15 
 
 of members of boards of educa- 
 tion 64, 70 
 
 of members of local normal 
 
INDEX 
 
 91 
 
 Page 
 
 boards 70 
 
 of trustees 29, 47, 50 
 
 repairs 48,58 
 
 reports of boards of education 
 
 67,69 
 
 of commissioners 18 
 
 of trustees 47, 50 
 
 to regents 62 
 
 resident pupils .37 
 
 Richmond county excepted 20 
 
 Euffffles, Sup't 40 
 
 rules and regulations 37-45, 55, 59 
 
 St. Johnsville decision 20 
 
 St. Lawrence county excepted 20 
 
 salaries of commissioners 14 
 
 of superintendents 9 
 
 Sanders, Clarence 40 
 
 scholarships, Cornell 73 
 
 school age 37, 66 
 
 school commissioner. See commis- 
 sioner. 
 school district. See distnct. 
 
 schoolhouses 
 
 condemnation of 15, 32 
 
 custody of 32, 58 
 
 heating and ventilation 58 
 
 limit to tax for 31, 56 
 
 may be used by commissioner. . 
 
 16, 17,32 
 
 outside stair cases 31, 64 
 
 plans of approval 10, 56 
 
 repairs 16, 48 
 
 sites 16, 23, 32, 56 
 
 school lots 12 
 
 school moneys 9-12, 47, 62, 72 
 
 ofatown 12 
 
 apportioned by commissioners. .15 
 how paid out in union schools. . 67 
 
 school year, length of 10 
 
 deficiency for institute 10 
 
 secretary of the regents 76 
 
 senior schools 59 
 
 severity of punishment 37 
 
 sex no disqualification 14, 21 
 
 PAGE 
 
 sites 16, 23,32,56 
 
 staii'-cases 31, 64 
 
 State certificates 16, 33 
 
 stimulants and nai'cotics. . .43, 56, 70 
 
 stoves provided 48 
 
 superintendents, city and village, 
 
 9, 18,72 
 
 superintendent of public instruc- 
 tion ,. 9 
 
 appoints local nonnal boards. . .70 
 
 apportions school moneys 10 
 
 designates schools for teachers' 
 
 classes 62 
 
 determines population of dis- 
 tricts 18 
 
 directs commissioner to take 
 
 testimony 16 
 
 issues pamphlets for arbor-day. .67 
 makes appointments to institu- 
 tions 72 
 
 makes, with treasurer, tempor- 
 ary loans 13 
 
 may consent to con*ection of tax 
 
 list 31 
 
 make allowance to um-eported 
 
 districts 47 
 
 order outbuildings erected . . .64 
 
 order special meetings 19 
 
 remove trustees 29, 64 
 
 I'eceives certificates of appoint- 
 ment 11 
 
 notice of action as to union 
 
 schools 52,53 
 
 requires i-eports of boards of ed- 
 ucation 69, 70 
 
 supervise i union and normal 
 
 schools .- 70 
 
 supervisors 12, 13 
 
 act on district boundaries 
 
 12. 14.17 
 
 cannot bo trustees 22, 52 
 
 certificate of commissioners 11 
 
 consent to renewal 01 warrant. . 26 
 
 distribute public moneys 12 
 
 filing of bond 11 
 
92 
 
 SCHOOL LAW OP THE STATE OF NEW YORK 
 
 Page 
 may change commisioner dis- 
 tricts 13 
 
 may increase commissioners' 
 
 salaries 14 
 
 orders upon for wages 46 
 
 reports of collectors 27 
 
 sue for penalties 21 
 
 unexpended public moneys 21 
 
 State publications 78 
 
 State tax 13 
 
 State treasurer 11, 13 
 
 Suffolk county excepted 20 
 
 supplementary reading-books 48 
 
 suspension of pupils 38-43 
 
 tardiness 38, 41 
 
 taxes 13 
 
 for apparatus 23, 56 
 
 building 23,31,56 
 
 contingent expenses 68 
 
 deficiency 23 
 
 fuel, &G 48 
 
 insurance 24 
 
 library 23 
 
 outbuildings ,48 
 
 teachers' wages 
 
 24,46,47,56,57, 68 
 
 how collected 25-28, 32 
 
 enforcement 25, 27 
 
 how paid out 67 
 
 tax-list , 30, 31 
 
 clerk employed 50 
 
 filed with town clerk 32 
 
 teachers 
 
 act ao librarians 4<5 
 
 change oi 10 
 
 dismissal of .35-37 
 
 district quota 10, 11, 49,66 
 
 employment of 33-37,63 
 
 examination of . .10 
 
 incompetency 33, 35 
 
 may not be commissioner, super- 
 
 tendent, or trustee.. 14, 19, 22, 50 
 must instruct n on- residents . . . . 38 
 must verify school report . . .46, 49 
 
 Page 
 need hot board with trustee. . . ■ 46 
 orders for wages payable to 
 
 themselves alone 46 
 
 pay for time at institute 17 
 
 qualified 43, 46, 66 
 
 wages 12,24,33,46,57 
 
 teachers' classes 9, 16, 62, 74 
 
 temperance meetings 32 
 
 temporary licenses 33 
 
 town clerk..l3, 14, 17, 18, 25, 32, 52, 69 
 
 town treasurer 12 
 
 tenants as tax-payers 30 
 
 text-books 23,44,55 
 
 commissioners interested in 15 
 
 Thanksgiving a holiday 10 
 
 training-classes 9, 16, 62, 74 
 
 transfer of pupils 55 
 
 treasurer, county 11 
 
 district 12,22,28,54 
 
 State 11,13 
 
 town 12 
 
 trifling conversation 36 
 
 truant schools 43,65 
 
 trustees : 28-50 
 
 approve collector's bond 25 
 
 call special meetings 19, 51 
 
 consent to alteration of bound- 
 aries , 17 
 
 elected how 22 
 
 fill vacancies 25, 26 
 
 majority of three 12, 30, 31 
 
 may borrow money . . 23 
 
 may not be teacher 22 
 
 meetings ol 25, 30 
 
 must sustain the teacher 34, 38 
 
 present statement 22 
 
 qualifications 22 
 
 reports 13 
 
 term of office. 22 
 
 vacation of ofBce 12, 14 
 
 written orders of 12 
 
 uniform certificates 33 
 
 union districts 51 
 
 union free schools 50-70 
 
INDEX 
 
 93 
 
 Page 
 
 boundaries altered 18 
 
 collector ,. 54 
 
 compared with district schools . • 68 
 
 may transfer library 49 
 
 money turned over to treasurer.. 12 
 
 relationship of teacher 34 
 
 text-booKs 44 
 
 treasurer 54 
 
 if of 5,000 inhabitants 
 
 may appoint superintendent 
 
 18,64 
 
 establish kindergartens 44 
 
 need nou close for institute .... 17 
 
 XJ. S. deposit fund 9, 61 
 
 univei-sity o. the State of New York, 
 
 74-78 
 
 university convocation 74 
 
 university extension 74 
 
 unqualified teachers 33, 46, 66 
 
 vacancies filled 63 
 
 vacation of school 35 
 
 Page 
 
 of office 13,14,29 
 
 vaccination 42 
 
 valuation of property 30 
 
 ventilation and heating.. 23, 51, 57, 58 
 
 villages, incorporated 
 
 .19,51,52,54,56,67 
 
 visitation of regents 59-62 
 
 of superintendent 70 
 
 of committees 65 
 
 vocal music 44,63, 71 
 
 voters 20, 21 
 
 vulgar remarks > 36 
 
 wan-ants for taxes 26 
 
 filed with the town clerk 32 
 
 Y'arren county excepted 20 
 
 ■^v ashington's birthday 10 
 
 water-closets 16, 47, 64 
 
 Westchester county excepted 20 
 
 White Plains excepted 54 
 
 Wisconsin decision 38 
 
 written excuses 39, 40 
 
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