5§ ^Q?0 PT DiiiYersity ol the State o! Hew York Bulletin Entered as second-class matter August 2, 1913, a: the Post O^ce at Albany, N. T., under thv act Oi Augu:it 24, 1912 Published fortnifihtly No. 707 ALHA?sY. N, Y. April I, I92< EDUCATION LAW AS AMENDED TO JULY i, 1920 f\p Try- Constitutional provisions . ; :^* 1 Education law 2 Ii^ ' 347 ALBANY THE UNIVERSITY OF THE STATE OF i/iW YORK 1920 W3Tr-Jl20-36oo t)" V ri Digitized by the Internet Archive in 2007 with funding from IVIicrosoft Corporation http://www.archive.org/details/1920education00newyrich ■XCMAi^-MSE DnlYerslty ol the State ol Hew York Bulletin Entered as second-class matter at the Post Office at Albany, N. Y., tmdef the act of Au3:ust 24i 1913 Published fortnightly No. 707 ALBANY, N. Y. April i, 1920 EDUCATION LAW AS AMENDED TO JULY i, 1920 COXSTITUTIONAIi PROVISIONS RELATING TO EDUCATION Constitution, art. 9 § 1 Gommon schools. The Legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this State may he educated. § 2 Higher education. The corporation created in the year 1784, under the name of the Eegents of The University of the State of 'New York, is hereby continued under the name of the University of the State of I^ew York. It shall be governed and its corporate powers, which may be increased, modified or diminished by the Legislature, shall be exercised, by not less than nine Kegents. § 3 Educational funds. The capital of the common school fund, the capital of the literature fund, and the capital of the United ^States deposit fund, shall be respectively preserved invio- late. The revenue of the said common school fund shall be applied to the support of common schools ; the revenue of the said literature fund shall be applied to the support of academies; and the sum of $25,000 of the revenues of the United States deposit fund shall each year be appropriated to and made part of the capital of the said common school fund. § 4 Restrictions of subsidies. ISTeither the State nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denomina- tion, or in which any denominational tenet or doctrine is taught. iMai 8 EDUCATION LAW AS AMENDED TO JULY i, ig20 [Note. — In compiling this edition, the text of such articles of the Education Law as do not relate to the administration of the public schools generally, has been omitted.] L. 1910, Chap. 140 — An act to amend the Edutation Law, generally [In effect April 22, 1910] The People of the State of New YorJc, represented in Senate and Assembly, do enact as follows: Section 1. Chapter 21 of the Laws of 1909, entitled "An act re- lating to education, constituting chapter 16 of the Consolidated Laws," is hereby amended to read as follows: CHAPTER 16 OF THE CONSOLIDATED LAWS EDUCATION LAW Article 1 Short title and definitions (§§ 1, 2) 2 Education Department (§§ 20-27) 3 University (§§ 40-78) 4 Commissioner of Education (§§ 90-99) 6 School districts (§§ 120-54) 6 School neighborhoods (§§ 170-72) 6-A Temporary school districts (§§ 175-79) 6-B Central rural schools (§§ 180-86) 6-C Central high school districts (§§ 187-89-1) 7 District meetings (§§ 190-207) 7-A School elections in certain cities {§§ 208-18) 5 School district officers; general provisions (§§ 220-36) 9 District clerk, treasurer, collector (§§ 250-57) 10 Trustees (§§ 270-85) 11 Boards of education (§§ 300-28) 12 Town clerks (§§ 340, 341) 13 Supervisors (§§ 360-65) 14 District superintendent of schools; his election, powers and duties (§§ 380-98) 15 Assessment and collection of taxes (§§ 410-40) 16 School buildings and sites (§§ 450-67) 17 School district bonds (§ 480) 18 School moneys (§§ 490-502) 19 Trusts for schools; gospel and school lots (§§ 520-28) 20 Teachers and pupils (§§ 550-67) 20-A Medical inspection (§§ 570-77) 20-B Children with retarded mental development {§§ 578-79) 21 Contract system (§§ 580-86) EDUCATIOI?^ LAW 3 Article 22 General industrial schools, unit trade and technical schools, part-time or continuation schools, practical arts or home- making schools, and schools of agriculture, mechanic arts and homemaking (§§ 600-8) 22-A Farm school in counties (§§ 610-19-b) 23 Compulsory education (§§ 620-38) 24 School census (§§ 650-54) 25 Textbooks (§§ 670-74) 26 Physiology and hygiene (§§ 690, 691) 26-A Discipline and physical training (§§ 695-98) 26-B Instruction in the humane treatment of animals and birds (§ 700) 26-C Instruction in patriotism and citizenship (§§ 705, 706) 27 The flag (§§ 710-13) 28 Fire drills (§§ 730-33) 29 Arbor Day (§§ 750-52) 30 Teachers institute (§§ 770-76) 31 Training classes (§§ 790-94) 32 Normal schools; state normal college (§§ 810-35) 33 Fines; penalties; forfeitures and costs (§§ 850-62) 33-A Board of education in the several cities of the State (§§ 865-81) 33-B Salaries of the members of the supervising and teaching staflf in city schools (§§ 882-89) 34 Appeals or petitions to Commissioner of Education (§§ 890-92) 35 Orphan schools (§§ 900-2) 36 Schools for colored children (§§ 920-22) 37 Indian schools (§§ 940-54) 38 Instruction of deaf mutes and of the blind (§§ 970-80) 39 New York State School for the Blind {§§ 990-1011) 39-A Physically defective children (§ 1020) 40 Cornell University (§§ 1030-39) 40-A Agricultural schools (§§ 1040, 1041) 41 State School of Agriculture of Saint Lawrence University (§§ 1050-52) 41-A State School of Agriculture and Domestic Science at Delhi (§§ 1055-60) 42 State School of Agriculture at Alfred University (§§ 1070^72) 42-A State School of Agriculture at Cobleskill (§§ 1075-78) 43 State School of Agriculture at Morrisville (§§ 1090-94) 43-A Retirement fund for teachers in state institutions (§§ 1095-99-a) 43-B State teachers retirement fund for public school teachers (§§ 1100-9-a) 44 Libraries (§§ 1110-41) 45 Court libraries (§§ 1160-84-a) 45-A State School Agriculture on Long Island (§§ 1185-89) 46 Division of History and Public Records (§§ 1190-99) 46 The New York-American Veterinary College (§§ 1190-93) 47 Rehabilitation ,(§§ 1200-10) 48 Laws repealed; saving clause; when to take effect (§§ 1250-52) 1 THE UNIVERSITY OF THE STATE OF NEW YOEK ARTICLE 1 Short Title and Definitions Section 1 Short title 2 Definitions § 1 Short title. This chapter shall be known as the " Edu- cation Law." § 2 Definitions. As used in this chapter, the following specified terms mean as here defined. 1 Academy. The term " academy " means an incorporated institution for instruction in secondary education, and such high schools, academic departments in union schools and similar unin- corporated schools as are admitted by the Eegents to the University as of academic grades. 2 College, The term " college " includes universities and other institutions for higher education authorized to confer degrees. 3 University, The term " university " means The University of the State of ISTew York. 4 Regents, The term " Regents " means Board of Eegents of The University of the State of I^ew York. 5 Commissioner, The term " Commissioner " means Commis- sioner of Education. 6 School commissioner. The term "school commissioner" means the local oflicer provided for in article 14. 7 Secondary education. The term " secondary education " means instruction of academic grades, between the elementary grades and the college or university. 8 Higher education. The term " higher education " means education in advance of secondary education, and includes the work of colleges, universities, professional and technical schools, and educational work connected with libraries, museums, uni- versity and educational extension courses and similar agencies- 9 Trustee. The term " trustees," when not used in reference to a school district, includes directors, managers or other similar members of the governing board of an educational institution. 10 Parental relation. The term " persons in parental rela- tion " to a child includes the parents, guardians or other persons, whether one or more, lawfully having the care, custody or control of such child. EDUCATION LAW 5 11 Compulsory school ages. The term "child of compulsory school age " means any child between seven and sixteen years of age lawfully required to attend upon instruction. 12 School authorities. The term "school authorities " means the trustees, or board of education, or corresponding officers, whether one or more, and by whatever name known, of a city, or school district however created. 13 School officer. The term "school officer^' means a clerk, collector, or treasurer of any school district; a trustee or member of a board of education or other body in control of the schools by whatever name known in a union free school district or in a city; a superintendent of schools; a truant officer; a school commis- sioner ; or other elective or appointive officer in a school district or city whose duties generally relate to the administration of affairs connected with the public school system. 14 Board of education. The term " board of education " shall include by whatever name known the governing body charged with the general control, management and responsibility of the schools of a union free school district or of a city. ARTICLE 2 Education Department Section 20 Education Department 21 Divisions of Department 22 Assistant Commissioners 23 Other officers and employees 24 Removals and suspensions 25 Joint seal 26 Reports to the Legislature 27 State Education Building § 20 Education Department. The Education Depart- ment is hereby continued and shall be under the legislative di- rection of the Regents and the executive direction of the Commis- sioner of Education, v^ho is made, by section 94 of this act, the chief executive officer of the state system of education and of the Regents. The said department is charged with the general management and supervision of all public schools and all of the educational work of the State, including the operations of The University of the State of 'New York. § 21 Divisions of Department. By concurrent action of the Regents and the Commissioner of Education the Department 6 THE UNIVEKSITY OP THE STATE OF NEW YORK may be divided into divisions. By like action new divisions may be created and existing divisions may be consolidated or abolished, and the administrative work of the Department assigned to the several divisions. § 22 Assistant Commissioners. The Commissioner of Education shall appoint, subject to the approval of the Regents, such Assistant Commissioners as he shall deem necessary for the proper organization and general classification of the work of the Department, and assign to such Assistant Commissioners the work which shall be under their respective supervision. § 23 Other officers and employees. The Commissioner of Education, subject to the approval of the Regents, shall have power, in conformity with their rules, to appoint all other needed officers and employees and fix their titles, duties and salaries. § 24 Removals and suspensions. With the approval of the Regents, the Commissioner of Education may, at his pleas- ure, remove from office any Assistant Commissioner, or other ap- pointive officer or employee; and, when the Regents are not in session, the Commissioner may, during his pleasure, suspend, without salary, any such officer or employee, but not longer than till the adjournment of the succeeding meeting of the Regents. § 25 Joint seal. The Regents of the University and the Commissioner of Education shall together adopt, and may modify at any time, a seal, which shall be used in common as the seal of the Education Department and of the University; and copies of all records thereof and of all acts, orders, decrees and decisions made by the Regents or by the Commissioner of Education, and of their official papers, and of the drafts or machine copies of any of the foregoing, may be authenticated under the said seal and shall then be evidence equally with and in like manner as the originals. § 26 Reports to the Legislature. The Commissioner of Education shall annually prepare a report of the Education Department, including xhe University, which shall be transmitted to the Legislature over the signatures of the Chancellor of the University and of the Commissioner of Education. At their pleasure, the Regents or the Commissioner of Education may make other reports and communications to the Legislature. Such por- tions of their annual or other reports or communications as the Commissioner or the Regents shall desire for such use shall be printed by the state printer as bulletins. EDUCATION LAW 7 § 27 state Education Building After the completion of the State Education Building, it shall be occupied exclusively by the Education Department, including the University, with the State Library, the State Museum, and its other departments, together with such other work with which the Commissioner of Education and the Regents have official relations, as they may, in their discretion, provide for therein; and such building and the offices of such department shall be maintained at state expense. ARTICLE 3 University of the State of New York Section 40 Corporate name and objects 41 Regents 42 Officers 43 Meetings and absences 44 Quorum 45 Authority to take testimony 46 Legislative power 47 General examinations, credentials and degrees 48 Academic examinations 49 Admission and fees 60 Registrations 51 Supervision of professions 52 Extension of educational facilities 53 Departments and their government 54 State Museum; how constituted 65 Collections made by the staff 66 Indian collection 57 Institutions in the University 58 Visitation and reports 59 Charters 60 Provisional charters 61 Conditions of incorporation 62 Change of name or charter 63 Dissolution and rechartering 64 Dissolution of incorporated academy by stockholders 65 Suspension of operations 66 Prohibitions 67 Unlawful acts in resi)ect to examinations 68 Powers of trustees of institutions 69 Colleges may construct water-works and sewer systems 70 State scholarships established 71 Scholarship fund of The University of the State of New York 72 Regents to make rules 73 List of candidates, award of scholarship 74 Issuance of scholarship certificate O THE UNIVERSITY OF THE STATE OF NEW YORK Section 75 Effect of certificate; payments thereon 76 Revocation of scholarship 77 Limitation as to number of scholarships, courses of study 78 State scholarships for soldiers, sailors and marines § 40 Corporate name and objects. The corporation created in the year seventeen hundred and eighty-four under the name of the regents of the university of the state of New York, is hereby continued under the name of the university of the state of 'New York. Its objects shall be to encourage and promote educa- tion, 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 univer- sity may own or hold in trust or otherwise, and to perform such other duties as may be intrusted to it. The said corporation shall have power to take, hold and administer real and personal property and the income thereof in trust for any educational, scientific, his- torical or other purpose within the jurisdiction of the regents of the university of the state of New York. [Amended hy L. 1920, ch. 161, in effect April 10, 1920.'] § 41 Regents. The University shall be governed and all its corporate powers exercised by a Board of Regents whose mem- bers shall at all times be three more than the then existing judicial districts of the State. The Eegents now in office and those here- after elected shall hold, in the order of their election, for such times that the term of one Regent will expire in each year on the first day of April, and his successor shall be chosen in the second week of the preceding February, on or before the fourteenth day of such month. A Regent shall be elected by the Legislature, on joint ballot of the two houses thereof. All vacancies in such office, either for full or unexpired terms, shall be so filled that there shall always be in the membership of the Board of Regents at least one resident of each of the judicial districts. A vacancy in the office of Regent for other cause than expiration of term of service shall be filled for the unexpired term by an election at the session of the Legislature immediately follow- ing such vacancy, unless the Legislature is in session when such vacancy occurs, in which case the vacancy shall be filled by such Legislature. There shall be no " ex officio " members of the Board of Regents. No person shall be at the same time a Regent of the University and a trustee, president, principal or any other officer of an institution belonging to the University. [Amended hy L. 1915, ch. S.] \ educatio:n' law 9 § 42 Officers. The elective officers of the University shall be a Chancellor and a Yice-Chancellor who shall serve without salary, and such other officers as are deemed necessary by the Kegents, all of whom shall be chosen by ballot by the Regents and shall hold office during their pleasure ; but no election, removal or change of salary of an elective officer shall be made by less than six votes in favor thereof. Each Regent and each elective officer shall, before entering on his duties, take and file with the Secretary of State the oath of office required of state officers. The Chancellor shall preside at all convocations and at all meet- ings of the Regents, and confer all degrees which they shall author- ize. In his absence or inability to act, the Yice-Chancellor, or if he be also absent, the senior Regent present, shall perform all the duties and have all the powers of the Chancellor. § 43 Meetings and absences. The Regents may provide for regular meetings, and the Chancellor, or the Commissioner of Education, or any five Regents, may at any time call a special meeting of the Board of Regents and ^ the time and place there- for ; and at least ten days' notice of every meeting shall be mailed to the usual address of each Regent. If any Regent shall fail to attend three consecutive meetings, without excuse accepted a? satisfactory by the Regents, he may be deemed to have resigned and the Regents shall then report the vacancy to the Legislature, which shall fill it. § 44 Quorum. Seven Regents attending shall be a quorum for the transaction of business. § 45 Authority to take testimony. The Regents, any committee thereof, the Commissioner of Education and any Assist- ant Commissioner of Education may take testimony or hear proofs relating to their official duties, or in any matter which they may lawfully investigate. § 46 liCgislative power. Subject and in conformity to the constitution and laws of the State, the Regents shall exercise legislative functions concerning the educational system of the State, determine its educational policies, and except as to the judicial functions of the Commissioner of Education establish rules for carrying into effect the laws and policies of the State, relating to education, and the powers, duties and trusts conferred or charged upon the University. But no enactment of the Regents shall modify in any degree the freedom of the governing body of any seminary for the training of priests or clergymen to deter- 10 THE UNIVERSITY OF THE STATE OF NEW YOKK mine and regulate the entire course of religious, doctrinal or theo- logical instruction to be given in such institution. 'No rule by which more than a majority vote shall be required for any speci- fied action by the Regents shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. § 47 General examinations, credentials and de- g^rees. The Regents may confer by diploma under their seal such honorary degrees as they may deem proper, and may estab- lish examinations as to attainments in learning, and may award and confer suitable certificates, diplomas and degrees on persons who satisfactorily meet the requirements prescribed. § 48 Academic examinations. The Regents shall estab- lish in the secondary institutions of the University, examinations in studies furnishing a suitable standard of graduation there- from and of admission to colleges, and certificates or diplomas shall be conferred by the Regents on students who satisfactorily pass such examinations. § 49 Admission and fees. Any person shall be admit- ted to these examinations who shall conform to the rules and pay the fees prescribed by the Regents. § 50 Registrations. The Regents may register domestic and foreign institutions in terms of New York standards, and fix the value of degrees, diplomas and certificates issued by institu- tions of other states or countries and presented for entrance to schools, colleges and the professions in this State. § 51 Supervision of professions. Conformably to law the Regents may supervise the entrance regulations to and the licensing under and the practicing of the professions of medicine, dentistry, veterinary medicine, pharmacy, optometry and chirop- ody, and also supervise the certification of nurses, public account- ants, certified shorthand reporters, architects, and members of any other profession which may hereafter come under the super- vision of the Board of Regents. The Regents may by rule or order accept evidence of pre- liminary and professional education for licensing a candidate to practise any such profession in lieu of that prescribed by the laws relating to such profession ; provided it shall appear to the satisr faction of the Regents that such candidate has substantially met the requirement of such laws. And the Regents shall have further power to indorse a license issued by a legally constituted board of examiners in any other state EDUCATION LAW 11 upon satisfactory evidence that the requirements for the issuance of such license were substantially the equivalent of the require- ments in force in this State when such license was issued, and that the applicant ha^ been in the lawful and reputable practice of his profession for a period of not less than five years prior to his mak- ing application for such indorsement. When the evidence presented is not satisfyingly sufficient to warrant the indorsement of such license, the Board of Regents may require that the candidate for indorsement shall pass such subjects of the licensing examination specified by statute or Regents' rule as should be required of the candidate to establish his worthiness to receive such indorsement. [Amended hy L. 1917, ch. 357, in effect May Ji, 1917.'] § 52 Extension of educational facilities. The Re- gents may extend to the people at large increased educational op- portunities and facilities, stimulate interest therein, recommend methods, designate suitable teachers and lecturers, conduct ex- aminations and grant credentials, and otherwise organize, aid and conduct such work. And the Regents, and with their approval the Commissioner of Education, may buy, sell, exchange and receive by will, or other gift, or on deposit, books, pictures, statuary or other sculptured work, lantern slides, apparatus, maps, globes, and any articles or collections pertaining to or useful in and to any of the departments, divisions, schools, institutions, associa- tions or other agencies, or work, under their supervision, or con- trol, or encouragement, and may lend or deposit any such articles in their custody or control, when or where in their judgment compensating educational usefulness will result therefrom; and may also, from time to time, enter into contracts desirable for carrying into effect the foregoing provisions. § 53 Departments and their government. The State Library and State Museum shall be departments of the University, and the Regents may establish such other departments and divisions therein as they shall deem useful in the discharge of their duties. § 54 State Museum; la.o\ff constituted. All scientific specimens and collections, works of art, objects of historic inter- est and similar property appropriate to a general museum, if owned by the State and not placed in other custody by a specific law, shall constitute the State Museum, and one of its officers shall annually inspect all such property not kept in the State Museum rooms, and the annual report of the Museum to the Legislature 12 THE UNIVERSITY OF THE STATE OF NEW YOEK shall include summaries of sucli property, with its location, and any needed recommendations as to its safety or usefulness. The State Museum shall include the work of the State Geologist and Paleontologist, the State Botanist and the State Entomologist, who, with their assistants, shall be included in the scientific staff of the State Museum. § 55 Collections made by the staff. Any scientific collection made by a member of the Museum staff during his term of office shall, unless otherwise authorized by resolution of the Regents, belong to the State and form part of the State Museum. § 56 Indian collection. There shall be made, as the Indian section of the State Museum, as complete a collection as practicable of the historical, ethnographic and other records and relics of the Indians of the State of 'New York, including imple- ments or other articles pertaining to their domestic life, agricul- ture, the chase, war, religion, burial and other rites or customs, or otherwise connected with the Indians of New York. § 57 Institutions in the University. The institu- tions of the University shall include all secondary and higher educational institutions which are now or may hereafter be in- corporated in this State, and such other libraries, museums, in- stitutions, schools, organizations and agencies for education as may be admitted to or incorporated by the University. The Regents may exclude from such membership any institution fail- ing to comply with law or with any rule of the University. § 58 Visitation and reports. The Regents, or the Com- missioner of Education, or their representatives, may visit, exam- ine into and inspect, any institution in the University and any school or institution under the educational supervision of the State, and may require, as often as desired, duly verified reports therefrom giving such information and in such form as the Regents or the Commissioner of Education shall prescribe. For refusal or continued neglect on the part of any institution in the University to make any report required, or for violation of any law or any rule of the University, the Regents may suspend the charter or any of the rights and privileges of such institution. § 59 Charters. Under such name, with such number of trustees or other managers, and with such powers, privileges and| duties, and subject to such limitations and restrictions in all| respects as the Regents may prescribe in conformity to law, they| EDUCATION LAW 13 may, by an instrument under their seal and recorded in their office, incorporate any university, college, academy, library, mu- seum, or other institution or association for the promotion of science, literature, art, history or other department of knowledge, or of education in any way, associations of teachers, students, graduates of educational institutions, and other associations whose approved purposes are, in whole or in part, of educational or cul- tural value deemed worthy of recognition and encouragement by the University. "No institution or association which might be in- corporated by the Kegents under this chapter shall, without their consent, be incorporated under any other general law. § 60 Provisional charters. On evidence satisfactory to the Kegents that the conditions for an absolute charter will be met within a prescribed time, they may grant a provisional charter which shall be replaced by an absolute charter when the conditions have been fully met ; otherwise, after the specified time, on notice from the Regents to this effect, the provisional charter shall terminate and become void and shall be surrendered to the Regents. No such provisional charter shall give power to confer degrees. § 61 Conditions of incorporation. ]^o institution shall be given power to confer degrees in this State unless it shall have resources of at least five hundred thousand dollars; and no insti- tution for higher education shall be incorporated without suitable provision, approved by the Regents, for educational equipment and proper maintenance. No institution shall institute or have any faculty or department of education in any pkce or be given power to confer any degree not specifically authorized by its charter; and no corporation shall, under authority of any general act, extend its business to include establishing or carrying on any educational institution or work, without the consent of the Board of Regents. § 62 Change of name or charter. 1 The Regents may, at any time, for sufficient cause by an instrument under their seal and recorded in their office, change the name, or alter, sus- pend or revoke the charter or incorporation of any in- stitution which they might incorporate under section 59, if subject to their visitation or chartered or incorporated by the Regents or under a general law ; provided that, unless on unan- imous request of the trustees of the institution, no name shall be changed and no charter shall be altered, nor shall any rights or privileges thereunder be suspended or repealed by the Regents, 14 THE UNIVEESITY OF THE STATE OF NEW YORK till they have mailed to the usual address of every trustee of the institution concerned at least thirty days' notice of a hearing when any objections to the proposed change will be considered, and till ordered by a vote at a meeting of the Regents for which the notices have specified that action is to be taken on the proposed change. 2 Any notice to a trustee whose address is not readily ascer- tainable, may be mailed to him in care of the institution. § 63 Liquidation of affairs of educational institu- tions. Whenever any educational corporation subject to the visi- tation of the Regents, chartered or incorporated by the Regents or under a general law, shall cease to act in its corporate capacity or shall have its charter revoked by the Regents, it shall be lawful for the Supreme Court of this State, upon the application of the majority of the trustees thereof, in case said court shall deem it proper so to do, to order and decree a dissolution of such educa- tional corporation, and for that purpose to order and direct a sale and conveyance of any and all property belonging to such corpora- tion, and after providing for the ascertaining and payment of the debts of such corporation, and the necessary costs and expenses of such sale and proceedings for dissolution, so far as the proceeds of such sale shall be sufficient to pay the same, such court may order and direct any surplus of such proceeds remaining after pay- ment of such debts, costs and expenses, to be devoted and applied to any such educational, religious, benevolent, charitable or other objects or purposes as the said trustees may indicate by their petition and the said court may approve. Such application to said court shall be made by petition, duly verified by said trustees, which petition shall state the particular reason or causes why such sale and dissolution are sought; the situation, condition and estimated value of the property of said corporation, and the particular object or purposes to which it is proposed to devote any surplus of the proceeds of such property; and such petition shall, in all cases, be accompanied with proof that notice of the time and place of such intended application to said court has been duly published once in each week for at least four weeks successively, next preceding such application, in a newspaper published in the county where such corporation is located. In case there shall be no trustees of such educational corporation residing in the county in which such corporation is located, such EDUCATION LAW 15 application may be made and such proceedings taken by the Board of Eegents of the University of the State of !N'ew York. This section shall not apply to the dissolution of an academy incorpo- rated under the laws of this State and having a capital stock. IFormer § 63 repealed; new § 63 added by L. 1911, ch. 860.] § 64 Dissolution of incorporated academy by stockholders. 1 Meeting to consider application for dis- solutio7i, when to he called. The trustees of any academy incorpo- rated under the laws of this State and having a capital stock, may, and upon the written application of any person owning or law- fully holding one-third of the said capital stock, must call a general meeting of the stockholders of the said academy, as here- inafter provided, for the purpose of determining whether or not such incorporated academy shall surrender its charter and be dis- solved and its property distributed among the stockholders thereof. 2 Notice thereof, how published. The notice for such general meeting must state the object thereof and be subscribed by the chairman or other acting presiding officer and the secretary or acting secretary of the said corporation or board of trustees; it shall be published once a week for three successive weeks prior to such meeting in a daily or weekly newspaper published in the place where the said academy is located; or if there be no such paper, then in a daily or weekly paper published within the county, if there be one, or, if not, in an adjoining county to that in which such academy is located. 3 Vote requisite for surrender of charter and dissolution. Whenever, at a meeting of the stockholders called as hereinbefore provided, any person or persons holding or qualified to vote upon a majority of the capital stock of such incorporated academy shall vote to surrender the charter thereof and to dissolve the corpora- tion, the trustees of such academy, or a majority of them, must make and sign a certificate of such action, cause the same to be properly attested by the officers of the corporation and file the same, together with a copy of the published notice for the meet- ing at which such action was taken, and due proof of the pub- lication thereof, in the office of the Board of Kegents of The Uni- versity of the State of New York and thereupon, if the said pro- ceedings shall have been regularly conducted as above prescribed, the charter of said corporation shall be deemed to be surrendered and the said corporation dissolved. 4 Powers of trustees of academies upon dissolution. Upon the 16 THE rrinVEBSITY OF THE STATE OF NEW YOEK dissolution of such incorporated academy, as herein provided, the trustees thereof shall forthwith become and be trustees of the creditors and stockholders of the corporation dissolved. They shall have full power to settle the affairs of the said corporation; to collect and pay the outstanding debts; to sue for and recover debts and property thereof by the name of the trustees of such corporation; to sell and dispose of the property thereof, at public or private sale, and to divide among the stockholders the moneys or other property that shall remain after the payment of debts and necessary expenses. 5 Notice to creditors to present claims, how published. The said trustees may^ after the dissolution of the said corporation, in- sert in a newspaper published in the place where the said academy is located, or if there be none such then in a newspaper published within the county, if there be one, or, if not, in an adjoining county, a notice once in each week for three successive months, requiring all persons having claims against the said corporation dissolved to present the same with proof thereof to the said trustees, at the place designated in such notice, on or before a day therein named which shall be not less than three months from the first publication thereof. In case any action shall be brought upon any claim which shall not have been presented to the said trustees within three months from the first publication of such notice, the said trustees shall not be chargeable for any assets, moneys or proceeds of the said corporation dissolved, which they may have paid in satisfaction of other claims against the said corporation, or in making distribution to the stockholders thereof, before the commencement of such action. 6 Surrender of stocTc scrip, upon distribution to shareholders. Upon the distribution by the said trustees of assets or property, or the proceeds thereof, of the dissolved corporation among its stockholders the said trustees may require the certificates of owner- ship of capital stock, if such have been issued, standing in the name of any stockholder claiming a distributive share, or under whom such share is claimed, to be surrendered for cancellation by such stockholder or person claiming the said share; in the event of the nonproduction of any such certificate, the said trustees may require satisfactory proof of the loss thereof, or of any other cause for such nonproduction, together with such se- curity as they may prescribe, before payment of the distributive share to which the person claiming upon such share of stock may appear to be entitled. EDUCATION LAW 17 7 Notice of distribution, to absent and unknown shareholders. In case the said trustees upon such distribution by them of assets or property, or the proceeds thereof, of the dissolved corporation among its stockholders, shall be unable to find any of the said stockholders or the persons lawfully owning or entitled to any portion of the said capital stock, they shall give notice in the manner hereinabove provided for calling the general meeting of stockholders, and such distribution, to the persons in whose names such stock shall stand upon the books of the said corpora- tion, requiring them to appear at a time and place designated, to receive the portion of such assets or property to which they may be entitled; in case of the failure of any such persons to so appear, it shall be lawful for the said trustees to pay over and deliver to the county treasurer of the county wherein such academy was located, or to any trust company or other corpora- tion located within such county and authorized to receive moneys on deposit under order or judgment of a court of record, the pro- portion of the assets, property or proceeds aforesaid which such nonappearing stock bears to the whole stock; the said trustees shall also deliver therewith a list of the persons entitled to receive the same, together with the separate amounts to which they shall be severally entitled. 8 Liability of trustees, when to cease. Upon the payment and discharge of the debts and obligations of the corporation dissolved, as hereinbefore provided, and the distribution of its assets, prop- erty and proceeds among the stockholders thereof, and due pro- vision made, as hereinabove prescribed, for the interests of non- appearing stockholders and such as can not be found, the said trustees shall become and be relieved and discharged from fur- ther duty, liability and responsibility by reason of their relation to the said corporation, or towards the stockholders thereof- 9 Duties and liabilities of custodians. Any county treasurer, trust company or other corporation to whom assets, property or proceeds shall be delivered as herein provided, shall hold the same in trust for the persons designated and entitled to receive it ; and upon receiving satisfactory proof of the right and title thereto, or upon the order of any court of record competent to adjudicate thereupon, shall pay over and deliver to any persons entitled to receive the same the portion of such proceeds, property or assets to which they shall be entitled. § 65 Suspension of operations. If any institution in the University shall discontinue its educational operations 18 THE UNIVERSITY OF THE STATE OF NEW YORK without cause satisfactory to the Regents, it shall surrender its charter to them, subject, however, to restoration whenever arrange- ments satisfactory to the Regents are made for resuming its work. § 66 Prohibitions. 1 JSTo individual, association or corporation not holding university or college degree-conferring powers by special charter from the Legislature of this State or from the Regents, shall confer any degrees, or transact business under or in any way assume the name university or college, till written permission to use such name shall have been granted by the Regents under their seal. 2 ;N'o person shall buy, sell or fraudulently or illegally make or alter, give, issue or obtain any diploma, certificate or other instru- ment purporting to confer any literary, scientific, professional or other degree, or to constitute any license, or to certify to the com- pletion in whole or in part of any course of study in any univer- sity, college, academy or other educational institution. 3 'No diploma or degree shall be conferred in this State except by a regularly organized institution of learning meeting all re- quirements of law and of the University, nor shall any person with intent to deceive, falsely represent himself to have received any such degree or credential, nor shall any person append to his name any letters in the same form registered by the Regents as entitled to the protection accorded to university degrees, unless he shall have received from a duly authorized institution the degree or certificate for which the letters are registered. Counter- feiting or falsely or without authority making or altering in a material respect any such credential issued under seal shall be a felony ; any other violation of this section shall be a misdemeanor ; and any person who aids or abets another, or advertises or offers himself to violate the provisions of this section, shall be liable to the same penalties. § 67 Unlaxcrful acts in respect to examinations. A person who shall 1 Personate or attempt or offer to personate another person in taking, or attemptitig or offering to take an examination held in accordance with this chapter or with the rules of the University ; or 2 Take, or attempt or offer to take, such an examination in the name of any other person ; or 3 Procure any other person to falsely personate him or to take, or attempt or offer to take, any such examination in his name; or EDUCATIOIS' LAW 19 4 Have in his possession question papers to be used in any such examination, when not contained in their sealed wrappers, or copies of such papers or questions, at any time prior to the date set for such examination, unless duly authorized by the Kegents or the Commissioner of Education ; or 5 Sell or offer to sell question papers or any questions prepared for use in any examination held in accordance with this chapter or with the rules of the University ; or 6 Use in any such examination any question papers or ques- tions, or secure or prepare the answers to such questions prior to the time set for the examination; or Y Transmit to the State Education Department answers to ques- tions used in any such examination which are prepared or written outside of the period of examination, or alter any such answers after such period is closed; or 8 Otherwise secure or attempt to secure the record of having passed such examination in violation of the University rules; is guilty of a misdemeanor and upon conviction thereof shall be punished for a first offense by a fine of not less than fifty dollars or imprisonment for not less than thirty days, or by both such fine and imprisonment, and for a second offense by a fine of not less than two hundred and fifty dollars, or imprisonment for not less than six months or by both such fine and imprisonment. § 68 PoTxrers of trustees of institutions. The trus- tees of every corporation created by the Eegents, unless otherwise provided by law or by its charter, may: 1 Number and quorum. Fix the term of office and number of trustees, which shall not exceed twenty-five, nor be less than five. If any institution has more than five trustees, the body that elects, by a two-thirds vote after notice of the proposed action in the call for a meeting, may reduce the number to not less than five by abolishing the office of any trustee which is vacant and filing in the Eegents' office a certified copy of the action. A majority of the whole number shall be a quorum. 2 Executive committee. Elect an executive committee of not less than five, who, in intervals between meetings of the trustees, may transact such business of the corporation as the trustees may authorize, except to grant degrees or to make re- movals from office. 3 Meetings and seniority. Meet on their own adjournment or when required by their by-laws, and as often as they shall be 20 THE UNIVERSITY OF THE STATE OF NEW YORK summoned by their chairman, or in his absence by the senior trustee, on written request of three trustees. Seniority shall be according to the order in which the trustees are named in the charter or subsequently elected. K'otice of the time and place of every meeting shall be mailed not less than five nor more than ten days before the meeting to the usual address of every trustee. 4 Vacancies and elections; removals hy hoard of regents. Fill any vacancy occurring in the office of any trustee by electing another for the unexpired term. The office of any trustee shall become vacant on his death, resignation, refusal to act, removal from office, expiration of his term, or any other cause specified in the charter. If any trustee shall fail to attend three consecu- tive meetings without excuse accepted as satisfactory by the trus- tees, he shall be deemed to have resigned, and the vacancy shall be filled. Any vacancy in the office of trustee continuing for more than one year, or any vacancy reducing the number of trustees to less than two-thirds of the full number may be filled by the regents. The regents may remove any trustee of a corporation created by them for misconduct, incapacity, neglect of duty, or where it appears to the satisfaction of the regents that the corpo- ration has failed or refuses to carry into effect its educational purposes. A hearing in the proceeding for the removal of such trustees shall be had before the board of regents or a committee thereof and the trustees shall be given at least ten days' notice of the time and place of such hearing. In case of removal the regents may appoint successors to the trustees so removed. The provisions of this section as to removal and filling of vacancies in trustees shall not apply to corporations now or herafter estab- lished and maintained by a religious denomination, order or sect. No person shall be ineligible as a trustee by reason of sex. [Sub- division Jf amended hy L. 1920, ch. 7J^5, in effect May 12, 1920.'] 5 Property holding. Take and hold by gift, grant, devise or bequest in their own right or in trust for any purpose com- prised in the objects of the corporation, such additional real and personal property, beyond such as shall be authorized by their charter or by special or general statute, as the Regents shall authorize within one year after the delivery of the instrument or probate of the will, giving, granting, devising or bequeathing such property, and such authority given by the Regents shall make any such gift, grant, devise or bequest operative and valid in law. Any grant, devise or bequest shall be equally valid whether made EDUCATION LAW 21 in the corporate name or to the trustees of a corporation, and powers given to the trustees shall be powers of the corporation. 6 Control of property. Buy, sell, mortgage, let and otherwise use and dispose of its property as they shall deem for the best interests of the institution; and also to lend or deposit, or to receive as a gift, or on loan or deposit, literary, scientific or other articles, collections, or property pertaining to their work; and such gifts, loans or deposits may be made to or with the University or any of its institutions by any person, or by legal vote of any board of trustees, corporation, association or school district, and any such transfer of property, if approved by the Regents, shall during its continuance, transfer responsibility therefor to the in- stitution receiving it, which shall also be entitled to receive any money, books or other property from the State or other sources to which said corporation, association or district would have been en- titled but for such transfer. 7 Officers and employees. Appoint and fix the salaries of such officers and employees as they shall deem necessary, who, unless employed under special contract, shall hold their offices during the pleasure of the trustees; but no trustee shall receive compensation as such. 8 Removals and suspensions. Remove or suspend from office by vote of a majority of the entire board any trustee, officer or employee engaged under special contract, on examination and due proof of the truth of a written complaint by any trustee, of mis- conduct, incapacity or neglect of duty ; provided, that at least one week's previous notice of the proposed action shall have been given to the accused and to each trustee. 9 Degrees and credentials. Grant such degrees and honors as are specifically authorized by their charter, and in testimony thereof give suitable certificates and diplomas under their seal; and every certificate and diploma so granted shall entitle the con- feree to all privileges and immunities which by usage or statute are allowed for similar diplomas of corresponding grade granted by any institution of learning. 10 Rules. Make all by-laws and rules necessary and proper for the purposes of the institution and not inconsistent with law or any rule of the University ; but no rule by which more than a majority vote shall be required for any specified action by the trustees shall be amended, suspended or repealed by a smaller vote than that required for action thereunder. 22 THE UNIVERSITY OF THE STATE OF NEW YORK § 69 Colleges may construct water-'works and sewer systems. 1 Every incorporated college in this State is duly a,uthorized and empowered to construct and maintain a system of water-works for the purpose of supplying its college buildings and premises with pure and wholesome water for domestic, sanitary and fire purposes, and for the preservation of the health of its students, faculty and employees, and for the preservation of the public health of the town, village or city in or near which such college is located, and the construction and main- tenance of such water-works is declared to be a public use. Such water-works, as often as necessary, may be enlarged or improved. Every such incorporated college owning its water-works system and having an adequate supply of water therefrom, may furnish water to persons other tlian students, faculty and employees of such college at and for a just and adequate compensation, provid- ing that they reside within a sewer district now created in which the premises of the said college or any part thereof are embraced, and provided no municipal or private public service corporation operates or maintains a system of water-works therein capable of supplying water to such inhabitants. Whenever any such college shall extend its mains along any streets, avenues or highways for the purpose of supplying water to such inhabitants, it shall not lose its exemption from taxation by reason thereof, and shall not be deemed to be exercising a public or corporate franchise within the meaning of the tax law. [Subdivision amended by L. 1913, ch. 422.] 2 Any such college shall have the right to acquire real estate, or any inter.est therein, necessary or proper for such water-works, and the right to lay, relay, repair and maintain conduit and water pipes, with connections and fixtures, on, through, and over the lands of others ; the right to intercept and divert the flow of waters from the lands of riparian owners, and from persons owning and interested in any waters; and the right to prevent the flow or drainage of noxious, or impure, or unwholesome matter from the lands of others into its reservoirs, or sources of supply. But no Buch college shall ever have power to take or use water from any of the lands of this State, or any land, reservoir, or feeders, or any streams which have been taken by the State for the purpose of supplying the canals with water. The consent of an incor- porated village or city must be obtained to lay any such pipes in or through its streets, and such consent may be accompanied by such reasonable conditions or restrictions as are proper. EDUCATION LAW '23 3 Such college may cause such examinations and surveys for its proposed water-works to be made as may be necessary to de- termine the proper location thereof, and for such purpose, by its officers, agents and servants, may enter upon any lands or waters in the vicinity for the purpose of making such examinations and surveys, subject to liability for all damage done. When surveys or examinations are made or concluded, a map shall be made of the lands or interests to be taken or entered upon, and on which the land or interest of each owner or occupant shall be designated, and all streets and roads in which it is proposed to lay conduit pipes, with the proposed line thereof, which map shall be dated and signed by the engineer making the same ; and said map shall be filed and kept in the college library for examination and reference, and a duplicate thereof shall be filed in the clerk's office in each county wherein any of such lands or interests pro- posed to be taken are located. Such examinations and surveys may be ordered and directed by the president or board of trustees of such college. A majority of the trustees shall determine upon the construction of such water-works and the plans thereof, and order contracts therefor to be made by such officers of the college as may be designated. 4 If any such college shall be unable to agree upon such terms of purchase of any such property, right or easements, before or after plans shall be determined upon, it may, after such plans have been adopted, acquire the same by condemnation, according to the provisions of the condemnation law. 5 When any such college has constructed and completed water- works, as above provided, it may, by a majority of its trustees, de- termine upon and construct a sewer system; it may connect the same with the sewer system of the village or city in or near which said college is situated, if such connection is practicable. Exam- ination, surveys and a map may be made as above provided. Lands and easements may be acquired by purchase, as above pro- vided, and in case such acquisition can not be made by purchase then they may be acquired by condemnation, according to the pro- visions of the condemnation law. § 70 State scholarships established. 1 State scholar- ships are hereby established in the several counties of the State, to be maintained by the State and awarded as provided by this act. 2 Five such scholarships shall be awarded each county an- nually for each assembly district therein. 24 THE UNIVERSITY OF THE STATE OF NEW YOEK 3 Each such scholarship shall entitle the holder thereof to the sum of one hundred dollars for each year which he is in attend- ance upon an approved college in this State during a period of four years, to be paid to or for the benefit of such holder as here- inafter provided, and out of a fund which is hereinafter created. [Added by L. 1913, ch. 292.'] § 71 Scholarsliip fund of The University of tlie State of New York. 1 The scholarship fund of The Univer- sity of the State of New York is hereby created. Such fund shall consist : (a) Of all money appropriated therefor by the Legislature; (6) Of all money and property hereafter received by the State, the Regents of the University or the Commissioner of Education by gift, grant, devise or bequest for the purpose of providing funds for the payment of such scholarships and of all income or revenue derived from any trust created for such purpose. 2 Such fund shall be kept separate and distinct from the other State funds by the State Treasurer, and payment shall be made therefrom to the persons entitled thereto in the same manner as from other state funds, except as otherwise provided by this act. 3 Whenever any such gift, grant, devise or bequest shall have been made or any trust shall have been created for the purpose of providing funds for such scholarships, the incomes or revenues derived therefrom shall be applied in maintaining scholarships in addition to those to be maintained by appropriations made by the State Legislature, as provided herein, and no part of such income or revenue shall be applied for the maintenance of state scholar- ships hereinbefore established for each county. Such additional scholarships shall be equitably apportioned by the Commissioner of Education among the several counties, unless it be provided in the will, deed or other instrument making such gift, grant, devise or bequest, or creating such trust, that the incomes or revenues derived therefrom be applied to the establishment and mainten- ance of additional scholarships in a specified county. [Added hy L. 1913, ch. 292.] § 72 Regents to make rules. The Regents shall make rules governing the award of such scholarships, the issuance and cancellation of certificates entitling persons to the benefits thereof, the use of such scholarships, by the persons entitled thereto, and the rights and duties of such state scholars, and the colleges which they attend, in respect to such scholarships, and providing EDUCATION LAW 25 generally for carrying into effect the provisions of this act. Such rules shall be in conformity with this act and shall have the force and effect of a statute. [Added by L. 1913, cJi. 292.'] § 73 List of candidates, aivard of scholarships. 1 The commissioner of education shall cause to be prepared for each county of the state, annually, during the month of August, from the records of the education department, a list of the names of all pupils residing therein who are citizens and became entitled to college entrance diplomas under regents' rules, during the pre- ceding school year. Such list shall also show the average standing of the pupils in the several subjects on which each of such diplomas was issued. [Amended hy L. 1920, ch. 502, in effect May J^; 1920.] 2 The Commissioner of Education shall also cause the names of all pupils on the foregoing lists of the several counties, who are not appointed to scholarships in the county of their residence, to be arranged upon a state list in the order of their merit, as shown by their average standings on the several county lists, from which unclaimed vacant scholarships shall be filled as here- inafter provided. 3 The scholarships to which each county is entitled shall be awarded by the commissioner of education annually in the month of August to those pupils residing therein who are citizens and became entitled to college entrance diplomas, under regents' rules, during the preceding school year and in the order of their merit as shown by the list prepared as provided in subdivision one of this section. [Amended hy L. 1920, ch. 502, in effect May Jf, 1920.] 4 In case a pupil who is entitled to a scholarship shall fail to apply for such scholarship within thirty days after being notified that he is entitled thereto or shall fail to comply with the rules of the Kegents as to such scholarships and the same shall have been revoked or canceled on account thereof, or, if for any other rea- son such scholarship shall become vacant, then the pupil stand- ing next highest to those pupils on such list for such county who have received scholarships, shall be entitled to receive appoint- ment to such vacant scholarship. A pupil entitled to a college entrance diploma under Regents rules who failed to apply there- for within the time required by such rules to entitle him to a scholarship, and a pupil whose name would have been included in the list of names of candidates to be considered in the award of scholarships as provided herein except for errors or inadver- tencies in the preparation of such list may apply to the Regents 26 THE UNIVERSITY OF THE STATE OF NEW YORE of the University for a scholarship and if it shall appear to the satisfaction of the said Regents that there was reasonable cause for the failure of such pupil to apply for such college entrance diploma as required by Regents rules, or that an error or inad- vertency occurred in the preparation of the list of candidates for such scholarships and it shall appear that except for such failure, error or inadvertency the applicant would have received a scholar- ship, the Regents may award a scholarship to such pupil and such scholarship shall be issued and payments shall be made thereon out of moneys available therefor in the same manner as other scholarships are issued and paid. [Amended hy L. 1918, ch. 257, in effect Ajyril 17, 1918,^ 5 In case a scholarship belonging to a county shall not be claimed by a resident of such county or if there be no resident of the county entitled to appointment to the vacant scholarship in such county, the Commissioner of Education shall fill such vacancy by appointing from the state list the person entitled to such vacancy as provided in subdivision 2 of this section. 6 The Commissioner of Education shall cause such person en- titled to receive appointment to a scholarship to be notified of his rights thereto and of his forfeiture of such rights by failure to make the application for such scholarship required under section 74 of this act. [Added hy L. 1913, ch. 292.\ § 74 Issuance of sdiolarship certificate. Upon the application of a pupil duly notified of his right to a scholarship, the Commissioner of Education shall issue to such pupil a scholar- ship certificate. Such application and such certificate shall be in the form prescribed by the Commissioner of Education and such certificate shall specify the college for which it is valid. Said Commissioner may also require such additional statements and in- formation to accompany such application as he may deem neces- sary. [Added hy L. WIS, ch. 292.'] § 75 Effect of certificate; payments thereon. The certificate issued as provided in the preceding section shall entitle the person named therein to receive the sum of one hundred dol- lars each year for a period of four years to aid such person in the completion of a college education. Such sum shall be paid by the State Treasurer in two equal payments, one on October first and the other on March first out of the scholarship fund of The Univer- sity of the State of New York, upon the warrant of the Comp- troller issued with the approval of the Commissioner of Education. Such approval shall be given upon vouchers or other evidence show- EDUCATION LAW 27 ing that the person named therein is entitled to receive the sum specified, either directly or for his or her benefit. The rules of the Eegents may prescribe conditions under which payments may be made direct to the college attended by the person named in such certificate, in behalf of and for the benefit of such person. [Added by L, 1913, ch. 292, and amended hy L. 1913, ch. ^"57.] § 76 Revocation of scholar ship. If a person holding a state scholarship shall fail to comply with the rules of the Regents in respect to the use of such scholarship, or shall fail to observe the rules, regulations or conditions prescribed or imposed by such college on students therein, or shall for any reason be expelled or suspended from such college, or shall absent himself therefrom without leave, the Commissioner of Education may, upon evidence of such fact deemed by him sufficient, make an order under the seal of the Education Department revoking such scholarship and thereupon such scholarship shall become vacant and the person holding such scholarship shall not thereafter be entitled to further payment or benefits under the provisions of this act and the vacancy caused thereby shall be filled as provided in section 73 of this act. [Added hy L. 1913, ch. 292.'] § 77 Limitation as to number of scholarships; courses of study. At no time shall there be more than twenty scholarships established and maintained for each assembly district and at no time shall there be more than three thousand such scholarships so established and maintained for the entire State not including scholarships maintained from the revenues or income of trust funds, or gifts, devises or bequests created or made as pro- vided in this act for the maintenance of such scholarships. A person entitled to such scholarship shall not be restricted as to the choice of the college which he desires to attend, or the course of study which he proposes to pursue ; provided that no such scholar- sl.ip shall include professional instruction in law, medicine, den- tistry, veterinary medicine or theology, except so far as such in- struction is within a regularly prescribed course of study leading to a degree other than in the above-named professions; and pro- vided further, that the college selected by the person entitled to such scholarship is situated within the State of ^ew York, and is incorporated as a college and authorized under the laws of this State and the rules of the Regents of the University to confer degrees. [Added hy L. 1913, ch. 292.] § 78. State scholarships for soldiers, sailors, marines and trained nurses. Four hundred and fifty state 28 THE UNIVERSITY OF THE STATE OF NEW YORK scholarships are hereby established for the benefit of resident soldiers, sailors and marines who shall have served as such in the army, navy or marine corps of the United States in the world war and been honorably discharged from such service, and trained nurses with a similar record of service, and who shall have or acquire the necessary qualifications as to secondary or other pre- paratory education to be required by the commissioner of education under rules and regulations to be established by him as herein- after provided. Each of such scholarships shall entitle the holder thereof to his tuition, in a sum not exceeding one hundred dollars per year, in any college, university, normal, technical or trade school of his selection, located within the state, such tuition to be paid by the state together with an additional sum of one hundred dollars per year for the maintenance of the holder of each such scholarships while in attendance upon instruction under such scholarship, provided however that no such annual payment shall be made to the same individual for a period longer than three years. In addition to the one hundred and fifty such scholarships heretofore allotted there shall be allotted during the fiscal year beginning July first, nineteen hundred and twenty, one hundred and fifty of such scholarships and during the fiscal year beginning July first, nineteen hundred and twenty-one, one hundred and fifty such scholarships. The commissioner of education shall award such scholarships and for that purpose shall establish rules and regulations for ascertaining the educational qualifications of per- sons who may be entitled to the benefits of this section. The com- missioner shall hold competitive examinations at least once a year and shall select the students to be certified for scholarships from each assembly district. The commissioner of education shall give thirty days' notice to each member of assembly of the date and place of the examination which is held in the district of such assemblyman or in the county in which the assembly district of such assemblyman is located. A list of the names and addresses of the persons appointed to scholarships for each assembly district shall be forwarded to the assemblyman of such district by the commissioner of education within ten days after such appoint- ments are made. INTot more than three appointments shall be made from any assembly district. In awarding the scholar- ships the commissioner shall first select those who meet the requirements for admission to college. If the full quota of scholarships is not filled by appointments from this class, the remaining number of scholarships shall be filled by appointment EDUCATION LAW 29 of persons who desire to take preparatory courses. The tuition and maintenance of the person holding the scholarship while pur- suing the studies in such preparatory courses shall he paid as ,hereinbefore provided. Application for such scholarships shall be made on or before September first, nineteen hundred and twenty-three. Any such scholarship may be revoked by the com- missioner of education for cause. The preceding sections of this article shall not apply to scholarships provided for in this section, but such scholarships shall be deemed to be in addition to the state scholarships provided for in this article. The authorities in control of an institution to which a person is admitted for instruction under this section shall cause the certificate of appoint- ment of such person as a holder of such scholarship to be filed with the comptroller, and moneys appropriated for carrying out the provisions of this section shall be paid by the state comptroller upon the certificate of the commissioner of education accompanied by vouchers signed by the authorities in control of the institution to which the money is to be paid. [Added hy L. 1919, ch. 606, and amended hy L. 1920, ch. 893, m effect May 21, 1920. The sum of $60,000 was appropriated by the legislature to carry out the provisions of this sectionJ] 30 THE UNIVERSITY OF THE STATE OF NEW YOEK ARTICLE 4 Connuissioner of Education Section 90 Commissioner of Education continued 91 How chosen 92 Term of office 93 Salary 94 General powers and duties 94-A Transfer of powers of State Board of Charities in relation to the New York State School for the Blind to the Commis- sioner of Education 95 Removal of school officers; withholding public money 96 Other powers 97 Schools of union free school districts and cities 98 Reports of school officers 99 County clerk and county treasurers to forward certain reports § 90 Commissioner of Education continued. The office of Commissioner of Education is hereby continued. § 91 How chosen. 1 The Commissioner of Education shall be elected by a majority vote of the Regents. 2 Such Commissioner may be elected without regard to the place of his residence whether it be within or without the State of New York. § 92 Term of office. The Commissioner of Education shall serve during the pleasure of the Board of Regents. § 93 Salary. The salary of such Commissioner shall be seven thousand five hundred dollars per annum, payable monthly, and he shall also be paid one thousand five hundred dollars in lieu and in full for his traveling and other expenses which shall also be payable monthly. § 94 General po-wers and duties. The Commissioner of Education is hereby charged with the following powers and duties : 1 He is the chief executive officer of the state system of educa- tion and of the Board of Regents. He shall enforce all general and special laws relating to the educational system of the State and execute all educational policies determined upon by the Board of Regents. 2 He shall have general supervision over all schools and insti- tutions which are subject to the provisions of this act, or of any statute relating to education, and shall cause the same to be ex- amined and inspected, and shall advise and guide the school EDUCATION LAW 81 officers of all districts and cities of the State in relation to their duties and the general management of the schools under their control. 3 He shall have general supervision of industrial schools, trade schools and schools of agriculture, mechanic arts and home- making; he shall prescribe regulations governing the licensing of the teachers employed therein; and he is hereby authorized, em- powered and directed to provide for the inspection of such schools, to take necessary action to make effectual the provisions therefor, and to advise and assist boards of education in the several cities and school districts in the establishment, organization and man- agement of such schools. 4 He shall also have general supervision over the state normal schools which have been, or which may hereafter be, established as required by the provisions of this chapter. 5 He shall be ex officio a trustee of Cornell University. 6 He shall be responsible for the safe keeping and proper use of the Department and University seal and of the books, records and other property in charge of the Kegents, and for the proper administration and discipline of the various offices and divisions of the Education Department. 7 He may annul upon cause shown to his satisfaction any cer- tificate of qualification granted to a teacher by any authority whatever or declare any diploma issued by a state normal school ineffective and null as a qualification to teach a common school within this State, and he may reconsider and reverse his action in any such matter. 8 He shall cause to be prepared and keep in his office records of all persons who have received, or shall receive, certificates of qualification to teach or diplomas of the state normal schools, with the dates thereof, and shall note thereon all annulments of such certificates and diplomas, and reversals thereof, with the dates and causes thereof, together with such other particulars as he may deem expedient. 9 He shall cause to be prepared suitable registers, blanks, forms and regulations for mailing all reports and conducting all necessary business under this chapter, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due execution of their duties by school officers, to be trans- mitted to the officers and persons intrusted with the execution of the same. 83 THE TTNIVEKSITT OF THE STATE OF NEW YORK 10 He may administer oaths and take affidavits concerning any matter relating to the duties of his office or pertaining in anv way to the schools of the State or any part thereof. 11 He is hereby authorized to furnish by means of pictorial or graphic representations, additional facilities for instruction in geography, history, science and kindred subjects, to the schools, institutions and organizations under the supervision of the Re- gents. Material collected for this purpose may, under Regents general rules, be lent for a limited time to responsible institutions and organizations for the benefit of artisans, mechanics and other citizens of the several communities of the State. He may from time to time enter into contracts necessary for carrying out this provision. 11-a The commissioner of education is authorized and di- rected to establish and provide for the maintenance and con- duct of courses of study or training in state normal institu- tions and in colleges and universities and other educational in- stitutions and in connection with other educational agencies for the purpose of training teachers in principles and methods of instruction, and to give them knowledge to fit them to instruct foreign bom and native adults and minors over sixteen years of age in evening, extension, factory, home and community classes. Such courses of study shall be prescribed by the commissioner of education and shall continue for a period of not less than one year. "No teacher employed to instruct foreign born and native adults and minors over sixteen years of age shall be employed by the state or compensated in whole or in part by the state, unless he shall have completed such course of study or training or shall have an equivalent thereof to be determined under the rules and regulations of the commissioner of education. A special certificate shall be issued to teachers who have completed such course of study or a course of instruction which is equivalent thereto, pro- vided, however, that temporary permits may be issued by the com- missioner of education to teachers who are qualified to give such instruction pending the completion of such a course of study or training. [Added hy L. 1918, ch. Jfl2; amended hy L. 1920, ch. 851 in effect May 20, 1920. The mm of $Jf 0,000 was appro- priated hy the legislature to carry out the provisions of this subdivision.'] 11-6 The Commissioner of Education is hereby authorized to divide the State into zones and to appoint directors thereof, teachers, and such other employees as may be necessary to promote EDUCATION LAW 33 and extend educational facilities for tlie education of illiterates and of non-English speaking persons. ^Added by L. 1919 , ch, 617, in effect May IJf, 1919.] 11-c The board of estimate and apportionment of a city, the council of a city, or the common council of a city, the board of supervisors of a county, the board of trustees of an incorporated village, the town board of a town, may make appropriations to aid and promote the extension of education among the illiterates and non-English speaking persons within the jurisdiction of these respective bodies. [Added hy L. 1919, ch, 617, in effect May IJf., 1919.] The sum of $100,000 was appropriated to the Com- missioner of Education for carrying out the provisions of sub- divisions 11-h and ll-c] 11-d. The commissioner of education may provide for the establishment of courses of instruction of study and schools in connection with factories, places of employment, or in such other places ajs he may deem advisable, for the purpose of giving in- struction to foreign born and native adults and minors over the age of sixteen years. Such course of instruction of study shall include instruction in English, history, civics and other subjects tending to promote good citizenship and to increase vocational efficiency. Such course of instruction and study shall be pre- scribed by the regents of the university of the state of ]N"ew York, and shall be in conformity with rules to be adopted by them. The commissioner of education is authorized and directed to employ teachers and to &x the compensation of teachers especially trained and having certificates as provided in subdivisions eleven-a of this section, and to assign such teachers to service in extension courses in factories and other places of employment, or in such other places as he may deem advisable throughout the state, estab- lished as provided by law. [Added hy L. 1920, ch. 852, in effect May 20, 1920. The sum of $100,000 was appropriated hy the legislature to carry out the provisions of this subdivision.] 12 He shall also have and execute such further powers and duties as he shall be charged with by the Regents. § 94-a Transfer of powers of State Board of Charities in relation to the "New York State School for the Blind to the Commissioner of Education. All the powers of regulation, supervision and control heretofore ex- ercised by the State Board of Charities upon, over and in rela- I 34 THE UNIVERSITY OF THE STATE OF NEW YOEK tion to the ]^ew York State School for the Blind at Batavia, by virtue of the state charities law, are hereby transferred to and vested in the Commissioner of Education in addition to his other powers and duties, and the Commissioner of Education shall here- after exercise and perform in relation to such state school for the blind all the powers and duties heretofore exercised and performed by the State Board of Charities relating to the regulation, su- pervision and control of such school under the provisions of the state charities law. !N'othing herein contained shall in any way deprive the State Board of Charities of its powers of visitation and inspection in regard to said school for the blind as provided in the constitution nor affect in any way the fiscal control of said school now exercised under the state charities law by the fiscal supervisor of state charities. [Added by L. 1919, ch, 136, in effect July 1, 1919.'] § 95 Removal of school officers; ivithliolcling pub- lic money. 1 Whenever it shall be proved to his satisfaction that any trustee, member of a board of education, clerk, collector, treasurer, school commissioner, superintendent of schools or other school officer has been guilty of any wilful violation or neglect of duty under this chapter, or any other act pertaining to common schools or other educational institution participating in state funds, or wilfully disobeying any decision, order or regulation of the Regents or of the Commissioner of Education, said Commis- sioner may, by an order under his hand and seal, which order shall be recorded in his office, remove such school officer from his office. 2 Said Commissioner of Education may also withhold from any district or city its share of the public money of the State for wil- fully disobeying any provision of law or any decision, order or regulation as aforesaid. § 96 Other powers. The Commissioner of Education shall also have power and it shall be his duty to cause to be in- stituted such proceedings or processes as may be necessary to properly enforce and give effect to any provision in this chapter or in any other general or special law pertaining to the school system of the State or any part thereof or to any school district or city. He shall possess the power and authority to likewise enforce any rule or direction of the Regents. § 97 Schools of -anion free school districts and cities. The schools of every union free school district and of every city in all their departments shall be subject to the visita- tion of the Commissioner of Education. He is charged with the EDDCATION LAW 35 general supervision of their boards of education and their man- agement and conduct of all departments of instruction. § 98 Reports of school officers. The officers of the sev- eral districts and cities of the State and all other school officers shall make such reports and in such form from time to time in relation to the schools under their management and supervision as the Commissioner of Education shall require. § 99 County clerk and county treasurers to for- ward certain reports. 1 The county clerk of each county shall, upon the requisition of the Commissioner of Education, file with such Commissioner any reports of trustees of school districts and boards of education or the abstract of such reports made by school commissioners which have been filed in the office of such county clerk pursuant to the provisions of the Education Law, whenever it is necessary for the Commissioner of Education to obtain information or data contained in official reports which have been transmitted to the Education Department but which have been destroyed by fire or otherwise. 2 The county treasurer of each county shall, upon the requi- sition of the Commissioner of Education, forward to said Commis- sioner any original certificates relating to the apportionment of school moneys which tlie Commissioner of Education has filed in the office of such treasurer whenever it is necessary to obtain in- formation on the apportionment of school moneys when the data relating thereto in the office of the Commissioner of Education has been destroyed by fire or otherwise. After securing such informa- tion as may be necessary from such certificates, the Commissioner of Education shall return the same to the treasurer of such county. [Added hy L, 1911, ch, 159.'] ARTICLE 5 School Districts Section 120 Existing districts continued 121 Formation of new district 122 Number and description of districts 123 Alteration by consent 124 Alteration without consent 125 Hearing of objections to order for alteration without consent 126 Dissolution or alteration of joint district 127 Special meeting of joint district to act regarding dissolution 128 Dissolution by consent and consequent alteration of districts 129 Dissolution, re-formation and consolidation of districts 130 Consolidation of districts by vote of qualified electors 86 THE mrEVEKSITT OF THE STATE OF NEW YORK Section 131 Request for meeting to consolidate districts; notices of meeting 132 Proceedings at meeting for consolidation; adoption of resolutioni proceedings to be filed 133 Order creating consolidated district; effect 134 District quotas of consolidated districts. 134-a The bonded indebtedness of certain dissolved districts 135 Continuance of dissolved district for payment of debts 136 Deposits of records of dissolved district 137 Property of districts consolidated 138 Sale of property of dissolved district and disposition of proceeds 139 Collection and distribution of moneys due dissolved district 140 Fees of supervisor and town clerk 141 Notice of meeting for establishment of union free school district 142 Posting, publication and service of notice 143 Notice in case of adjoining districts 144 Expense of notice 145 Proceedings at meeting and effect of affirmative vote 146 Meeting to determine regarding reorganization as common school district 147 Result of vote for or against reorganization 148 Reversion to form of original school districts 149 School commissioner may require equality of partition 150 Effect of veto by school commissioner regarding subsequent meeting 151 Report of proceedings to Commissioner of Education 152 Distribution of moneys on dissolution 153 School property exempt from taxation 154 Application of funds obtained from sale of school property § 120 Existing districts continued. All school dis- tricts organized either hy special laws or pursuant to the pro- visions of a general law are hereby continued and may be altered or dissolved as herein provided. § 121 Formation of new district. 1 A district super- intendent may organize a new school district out of the territory of one or more school districts which are wholly within his super- visory district, whenever the educational interests of the commu- nity require it. If there is an outstanding bonded indebtedness chargeable against the district or districts out of the territory ol which such new district is organized, the district superintendent shall apportion said indebtedness between such new dist.Ict and the remaining portion of the district or districts out of which such new district is organized, according to the assessed valuatioB thereof, and the portion of the indebtedness so apportioned shal become a charge for principal and interest upon the respective dis tricts as though the same had been incurred by said districts separately. EDUCATION LAW 37 2 The district superintendents of two or more adjoining supei> visory districts when public interests require it, may form a joint school district out of the adjoining portions of their respective districts. [Amended hy L. 1912, ch. 29 Jf.'] § 122 Number and description of districts. 1 Each school commissioner shall renumber the school districts of each town in his commissioner district from time to time and shall also number each new district and shall describe in metes and bounds each of such school districts. 2 The order of a school commissioner forming or numbering a school district and the written description thereof together with all notices, orders, consents and proceedings relating to the formation i or alteration thereof shall be filed with the town clerk of the town in which such district is located. 3 Every joint district shall bear the same number in every school commissioner district of whose territory it is in part com- posed. § 123 Alteration by consent. 1 With the written consent of the trustees of all the districts to be affected thereby, the district superintendent may make an order altering the boundaries of any school district within his jurisdiction, and fix in such order a day when the alteration shall take effect. 2 With the written consent of the board of education of a union free school district having a population of five thousand or more, and employing a superintendent of schools, and the written consent of the board of education or trustees of a district in a supervisory district adjoining such union free school district, the district superintendent having jurisdiction may make an order altering the boundaries of such districts, and fix in such order a day when the alteration shall take effect. [Amended hy L. 1911}., ch. 15Jf.'] § 124 Alteration ivitliout consent. If the trustees of any district affected thereby refuse to consent, the school commis- sioner may make and file with the town clerk his order making the alteration, but reciting the refusal, and directing that the order shall not take effect until a day therein to be named, and not less than three months after the date of such order. § 125 Hearing of objections to order for alter- ation without consent. 1 Within ten days after making and filing such order the school commissioner shall give at least a week's notice in writing to the trustees of all districts affected by the proposed alterations, that at a specified time, and at a named 38 THE UNIVERSITY OF THE STATE OF NEW YORK place within the town in which one of the districts to be affected lies, he will hear the objections to the alteration. 2 The trustees of any district to be affected by such order may request the supervisor and town clerk of each of the towns, within which such districts shall wholly or partly lie, to be associated with the school commissioner. 3 At the time and place mentioned in the notice, such commis- sioner, with the supervisors and town clerks, if they shall attend and act, shall hear and decide the matter, and the decision shall be final unless duly appealed from. Such decision must either affirm or vacate such order, and must be filed with and recorded by the town clerk of the town in which the district to be affected shall lie, and a tie vote shall be regarded a decision for the pur- poses of an appeal on the merits. Upon such appeal the Commis- sioner of Education may afi&rm, modify or vacate the order of the school commissioner or the action of the local board. § 126 Dissolution or alteration of joint district. The majority of the school commissioners within whose districts any joint school district lies may make an order at a meeting duly called by one of such commissioners altering or dissolving such district. § 127 Special meeting of joint district to act re- garding dissolution. 1 If a school commissioner, by notice in writing, shall require the attendance of the other school commissioners, at a joint meeting for the purpose of altering or dissolving a joint district, and a majority of all the commissioners shall refuse or neglect to attend, such commissioners attending, or any one of them, may call a special meeting of such school district for the purpose of deciding whether such district shall be dis- solved. 2 If such special meeting shall vote to dissolve the district th(^ school commissioner who called such ireeting may make an order dissolving the district and shall recite in such order the refusal or neglect of the other school commissioners, his call of the special meeting and the action taken at such meeting. § 128 Dissolution by consent and consequent alter- ation of districts. 1 A school commissioner may dissolve one or more common school districts upon the written consent of the trustees of all the districts to be affected. When one or more of such districts adjoin a union free school district whose limits do not correspond with those of an incorporated village or city, he EDUCATION LAW 39 may annex the territory of such dissolved districts to such union free school district. 2 A school commissioner on the written consent of the hoards of education of the districts affected may also dissolve a union free school district when it adjoins another union free school dis- trict and annex the territory of such dissolved district to such other union free school district. § 129 Dissolution, re-formation and consolida- tion of districts. Any school commissioner may dissolve one or more districts, and may from such territory form a new dis- trict; he may also unite such territory or a portion thereof to any adjoining school district, except a union free school district whose boundaries are coterminous with the boundaries of an in- corporated village or city. § 130 Consolidation of districts by vote of quali- fied electors. Two or more common school districts may be consolidated and created as one common school district, of ^ two or more union free school districts may be consolidated and created as one union free school district, or one or more common school districts may be consolidated with one or more union free school districts and created as a union free school district, by a vote of the qualified electors thereof as provided in the following sections. [Former § 130 repealed hy L, 1911, ch, SSJ^; rww § 130 added hy L. WIS, ch. 129,'] § 131 Request for meeting to consolidate dis- tricts; notices of meeting, l Whenever two-thirds of the qualified electors of each of two or more districts in which there shall be less than fifteen qualified electors, or if there be fifteen or more qualified electors in either of such districts whenever ten or more of such electors shall sign a request for a meeting to be held for the purpose of determining whether such districts shall be consolidated as a common school district, and submit the same to the trustees or board of education of each of such districts, it shall be the duty of such trustees or board of education to give public notice that a meeting of the qualified electors of such dis- tricts will be held at some convenient place within such districts, as centrally located as may be, to vote upon the question of consoli- dating such districts. Such notice shall specify the day and hour when such meeting shall be held, not less than twenty nor more than thirty days after the posting, service or publication of such ^ So in original. 10 THE UNIVERSITY OF THE STATE OF NEW YORK notice. If the trustees or board of education shall refuse or neglect to give such notice within twenty days after such request is submitted the Commissioner of Education may authorize and direct any qualified elector of the district to give such notice. 2 If any part of either of such districts is situated wholly or partly within an incorporated village in which one or more newspapers are published, such notice shall be published once in each week for three consecutive weeks before such meeting in all the newspapers published in such village, and shall also be posted at least twenty days prior to such meeting, in at least five con- spicuous places in each district. In all other districts the trustees or board of education of each district shall authorize and direct a qualified elector thereof to notify each qualified elector of such district of such meeting by delivering to him a copy of such notice or in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode, at least twenty days prior to the time of such meeting. 3 The reasonable expense of the publication and service of such notice shall be chargeable upon the districts, if the vote be in favor of consolidation, and if not, shall be paid by the persons signing the request for such meeting as provided by section 144. [Former § 131 repealed hy L. 1911, c7i, S3J/-; new § 131 added by L. 1913, ch. 129, and amended hy L. 191Jf, ch. 101.'] § 132 Proceedings at meeting for consolidation; adoption of resolution; proceedings to be filed. Such meeting shall be organized as provided in section 145. Such meeting may adopt a resolution to consolidate such districts if two-thirds of the qualified electors of each district having less than fifteen of such electors are present, or in case of districts having fifteen or more qualified electors if ten or more are pres- ent. The vote upon such resolution shall be by taking and record- ing the ayes and noes. The clerk shall keep a poll-list upon which shall be recorded the names of all qualified electors voting upon the resolution, the districts in which such electors reside, and how each elector voted. If it shall appear from the votes so recorded that a majority of the qualified electors present and voting from each district are in favor of such resolution it shall be declared adopted. If a majority of the qualified electors present and voting from each district are not in favor of such resolution, all further proceedings at such meeting, except a motion to recon- EDUCATION LAW 41 sider or adjourn shall be dispensed with and no such meeting shall be again called within one year thereafter. Copies of such request, notice of meeting, order of the Com- missioner of Education directing a qualified elector to call such meeting, if any, and the minutes of the meeting, including the record of the vote upon the resolution, duly certified by the chair- man and clerk, shall be transmitted by either the chairman or clerk, one to the Commissioner of Education, and one to the district superintendent of schools in whose jurisdiction such dis- tricts are located. [Former ^132 repealed by L. 1911, ch. 38 J^; 7iew ^132 added by L, 19 13, ch. 129, and amended by L, 19U, ch. 101.'] § 133 Order creating consolidated district; effect. The district superintendent shall thereupon issue an order con- solidating such districts and creating a common school district, or union free school district, as the case may be, designating such district by number. Such order shall take effect at some date to be specified therein, not more than three months after the date of the meeting. He shall file such order in the town clerk's office of the town in which such districts are located. If such districts are located in two or more supervisory districts such order shall be executed jointly by the district superintendents of such dis- tricts. Such order shall have the same effect as an order exe- cuted by a district superintendent dissolving two or more com- mon school districts and forming a new district therefrom, or dissolving one or more of such districts and uniting the territory thereof to a union free school district. But a district superintend- ent may, upon a petition of at least twenty-five qualified electors of the consolidated district, where one of the districts consoli- dated is a union free school district, or shall, when directed by the Commissioner of Education, direct the clerk of the board of education of such union free school district to call a special meet- ing of the qualified electors thereof, for the purpose of increasing the number of members of the board of education of such new district, subject to the limitations prescribed by section 308 of this chapter, or for the purpose of terminating the offices of the members of the board of education in office when the consolida- tion takes effect. If it be determined to increase the number of such members, such meeting shall elect the additional number so determined upon, as provided in such section 308. If it be determined to elect a new board of education in place of the board in office when the consolidation takes effect, such meeting 42 THE UNIVERSITY OF THE STATE OF NEW YORK shall proceed with the election of a board of education as provided in sections 301 and 302 of this chapter. [Added hy L, 1913, ch. 129.'] § 134 District quotas of consolidated districts. There shall be apportioned and paid to the district created by the consolidation of districts as provided in sections one hundred and twenty-eight, one hundred and twenty-nine and one hundred and thirty-two of this article district quotas for each of the districts consolidated in the same amount and under the same conditions as though such consolidation had not been effected. Such appor- tionment shall be based upon the assessed valuation of the taxable property within such districts as they existed at the time of the consolidation, and the trustees or board of education of the con- solidated district shall include in their report a statement of such assessed valuation. The money so apportioned and paid to the consolidated district may be applied to the payment of the salaries of teachers, the transportation of pupils and the maintenance of the school in the district. If a district is divided into portions, which are annexed to other districts, the district quota of such district, based upon the assessed valuation of the taxable property within the bounds of the district at the time of division, shall be oppor- tioned among such other districts in the proportions, respectively, that the assessed valuation of the taxable property in the annexed portions bears to the assessed valuation of such property in the district so divided. The trustees or board of education of each of such other districts shall include in their report a statement of the assessed valuation of its annexed portion and may use the money so apportioned for payment of salaries of teachers, the transportation of pupils and the maintenance of schools in their respective districts. [Former % ISJf. repealed hy L. 1911, ch. 33 J/.; new § 13Jf. added hy L. 1913, ch. 129; amended hy L. 191Jf, ch, 101 and L. 1920, ch. IJ^O, in effect April 1, 1920.] § 134-a The bonded indebtedness of certain dis- solved districts. Whenever two or more districts are dis- solved pursuant to the provisions of section 128 of this article and annexed to adjoining districts or consolidated as provided in section 132, the bonded indebtedness of any such district shall thereupon become a charge upon the enlarged district formed by such annexation. The board of education or trustees of such district shall raise by tax an amount sufficient to pay any of the bonds and interest thereof of such district as the same shall become due. [Former % 133 renumbered and amended hy L. 1913, ch. 129.] EDUCATION LAW 43 § 135 Continuance of dissolved districts for pay- ment of debts. Though a district be dissolved, it shall con- tinue to exist in law, for the purpose of providing for and paying all its just debts; and to that end the trustees and other officers Bhall continue in office, and the inhabitants may hold special meetings, elect officers to supply vacancies and vote taxes; and all other acts necessary to raise money and pay such debts shall be done by the inhabitants and officers of the district. § 136 Deposit of records of dissolved district. I The school commissioner, or a majority of such commissioners in whose districts a dissolved school district was situated, shall by written order delivered to the clerk of the district, or to any per- son in whose possession the books, papers and records of the dis- trict, or any of them, may be, direct such clerk or other person to deposit the same in the clerk's office in the town named in the order. 2 Such clerk or other person, by neglect or refusal to obey the order, shall forfeit fifty dollars, to be applied to the benefit of the common schools of said town. § 137 Property of districts consolidated. When two or more districts shall be consolidated into one, the new dis- trict shall succeed to all the rights of property possessed by the annulled districts. § 138 Sale of property of dissolved district and disposition of proceeds. 1 When a district is divided into portions, which are annexed to other districts, its property shall be sold by the supervisor of the town, within which its school- house is situated, at public auction, after at least five days' notice. 2 Such notice shall be given by posting the same in three or more public places of the town in which the schoolhouse is situ- ated and in one conspicuous place in the district so dissolved. 3 The supervisor, after deducting the expenses of the sale, shall •apply its proceeds to the payment of the debts of the district, and apportion the residue, if any, among the owners or possessors of taxable property in the district, in the ratio of their several assess- ments on the last corrected assessment-roll of the towns, and pay it over accordingly. § 139 Collection and distribution of moneys due dissolved district. The supervisor of the town within which the schoolhouse of the dissolved district was situated may demand, sue for and collect, in his name of office, any money of the district outstanding in the hands of any of its former officers, 44 THE UNIVEESITY OF THE STATE OF NEW YORK or any other person; and, after deducting his costs and expenses, shall report the balance to the school commissioner who shall ap- portion the same equitably among the districts to which the parts of the dissolved district were annexed, to be by them applied as their district meeting shall determine. § 140 Fees of supervisor and toivn clerk. The supervisor and town clerk shall be entitled each, to one dollar and fifty cents a day, for each day's service in any proceeding under section one hundred twenty-five of this article, to be levied and paid as a charge upon their town. § 141 Notice of meeting for establisliment of union free school district. 1 Whenever fifteen persons entitled to vote at any meeting of the inhabitants of any school dis- trict in the State, shall sign a request for a meeting, to be held for the purpose of determining whether a union free school shall be established therein in conformity with the provisions of this ar- ticle, it shall be the duty of the trustees of such district, within ten days after such request shall have been presented to them, to give public notice that a meeting of the inhabitants of such dis- trict entitled to vote thereat will be held for such purpose as afore- said, at the schoolhouse, or other more suitable place in such dis- trict, on a day and at an hour to be specified in such notice not less than twenty nor more than thirty days after the publication of such notice. 2 If the trustees shall refuse to give such notice, or shall neg- lect to give the same for twenty days, the Commissioner of Educa- tion may authorize and direct any inhabitant of such district to give the same. § 142 Posting, publication and service of notice. 1 Whenever such district shall correspond wholly or in part with an incorporated village, in which there shall be published a daily or weekly newspaper, the notice required in section 141 shall be given by posting the same in five conspicuous places in said dis- trict, at least twenty days prior to such meeting, and by causing the same to be published once a week for three consecutive weeks before such meeting, in all newspapers published in said district. 2 In other districts the said notice shall be given by posting the same as aforesaid, and in addition thereto, the trustees of such district shall authorize and require any taxable inhabitant thereof to notify every other qualified voter in such district of such meet- ing by delivering to him a copy of such notice or in case of his absence from home, by leaving a copy thereof, or so much thereof EDUCATION LAW 45 as relates to the time, place and object of the meeting, at the place of his abode at least twenty days prior to the time of such meeting. § 143 Notice in case of adjoining districts. 1 Whenever fifteen persons, entitled as aforesaid, from each ol two or more adjoining districts, shall unite in a request for a meeting of the inhabitants of such districts, to determine whether such districts shall be consolidated by the establishment of a union free school therein, it shall be the duty of the trustees of such districts, or a majority of them, to give public notice of such meeting, at some convenient place within such districts, and as central as may be, within the time and to be published and served in the manner set forth in sections 141 and 142 of this article, in each of such districts. 2 The Commissioner of Education may order such meeting under the conditions and in the manner prescribed in section 141 of this article. § 144 Expense of notice. The reasonable expense of the publication and service of such notice, shall be chargeable upon the district, in case a union free school is established by the meet- ing so convened, to be levied and collected by the trustees, as in case of taxes now levied for school purposes ; but in the event that such union free school shall not be established, then the said ex- pense shall be chargeable upon the inhabitants signing the request, jointly and severally, to be sued for, if necessary, in any court hav- ing jurisdiction of the same. § 145 Proceedings at meeting and effect of affirm- ative vote. 1 Any such meeting held pursuant to the fore- going provisions shall be organized by the election of a chair- man and clerk and may be adjourned from time to time, by a majority vote, provided that such adjournment shall not be for a longer period than ten days; and whenever at any such meeting duly called and held under the provisions of sections 141 and 142 of this article, at least fifteen qualified voters of the districts shall be present; or at such meeting duly called and held under the provisions of section 143 of this article, at least fifteen qualified voters of each of the two or more adjoin- ing districts, joining in the request, shall be present, such meeting may, by the affirmative vote of a majority present and voting, adopt a resolution to establish a union free school in said district, or to consolidate the two or more adjoining districts by establish- ing a union free school in said districts pursuant to the notice 46 THE UNIVERSITY OF THE STATE OF NEW YORK of said meeting. If said meeting shall determine to establish a union free school in said districts as aforesaid, it shall be lawful for such meeting thereafter to proceed to the election of a board of education as provided in sections 301 and 302 of this chapter. 2 The school commissioner in whose district the union free school district is thus organized shall designate such district as anion free school district number .... of the town of and the said board shall have the name and style of the board of education of (adding the designation aforesaid). 3 Copies of said request, notice of meeting, order of the Com- missioner of Education directing some inhabitant to call said meet- ing, if any, and minutes of said meeting, duly certified by the chairman and clerk thereof, shall be transmitted and deposited, immediately after such meeting by one of such officers, one to and with the town clerk, one to and with the school commissioner in whose jurisdiction said districts are located, and one to and with the Commissioner of Education. 4 If at any such meeting, the question as to the establishment of a union free school shall not be decided in the affirmative, as aforesaid, then all further proceedings at such meeting, except a motion to reconsider or adjourn, shall be dispensed with, and no such meeting shall be again called within one year thereafter. 5 When any such meeting shall have established a union free school in said districts, such union free school district shall not be dissolved within the period of one year from the first Tuesday of August next after such meeting. § 146 Meeting to determine regarding reorgani- zation as common school district. In any union free school district established under the laws of this State, and which shall have been established for the period of one year or more, it shall be the duty of the board of education, upon the application of fifteen resident taxpayers of such district, to call a special meeting in the manner prescribed by law, for the purpose of de- termining whether application shall be made in the manner here- inafter provided, for the dissolution of such union free school district, and for its reorganization as one or more common school districts. § 147 Result of vote for or against reorganization. 1 Whenever, at any such meeting called and held as aforesaid, it shall be determined by a majority vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, not to dissolve such union free school district, no other EDUCATION LAW 47 meeting for a similar purpose shall be held in said district within three years from the time the first meeting was held. 2 Whenever at any such meeting called and held as aforesaid it shall be determined by a two-thirds vote of the legal voters pres- ent and voting, to be ascertained by taking and recording the ayes and noes, to dissolve such union free school district, it shall be the duty of the board of education to present to the school com- missioner of the commissioner district in which said union free school is situated, a certified copy of the call, notice and proceed- ings. If such school commissioner shall approve the proceedings of said meeting, he shall certify the same to the board of educa- tion. Such approval shall not take effect until the day preceding the first Tuesday of August next succeeding; but after that date such district shall cease to be a union free school district. § 148 Reversion to form of original school dis- tricts. If any union free school district dissolved under the foregoing provisions shall have been established by the consolida- tion of two or more districts, it shall be lawful for such school commissioner to order that its territory be divided into two or more districts, to correspond, $o far as practicable, with the dis- tricts theretofore consolidated. § 149 School commissioner may require equality of partition. Such school commissioner may make his ap- proval of the proceedings of any such meeting held as aforesaid conditional upon the payment, by the district which has been most greatly benefited by the consolidation in the way of buildings and other improvements to the other districts into which the said union free school district is divided, of such sum of money as he may deem equitable. § 150 Effect of veto by school commissioner re- garding subsequent meeting. If such school commis- sioner shall not approve the proceedings of any such meeting, held as aforesaid, for the purpose of dissolving a union free school district, no other meeting shall be held in such district, for a similar purpose, within three years from the time the first meet- ing was held. § 151 Report of proceedings to Commissioner of Education. Whenever the proceedings of a meeting, held as aforesaid, for the purpose of dissolving a union free school dis- trict, shall have been approved by such school commissioner and shall have been certified by him to the board of education, it shall 48 THE UNIVERSITY OF THE STATE OF NEW YOEK be the duty of the board of education of the district affected forth- with to file with the Commissioner of Education, copies of the cali, notice, proceedings of the meeting, and the action taken by such school commissioner thereon. § 152 Distribution of moneys on dissolution. All moneys remaining in the hands of the treasurer of the union free school district when the order of dissolution shall take effect shall be apportioned equitably among the several districts into which such union free school district is divided, and shall be paid over to the collectors or treasurers of such districts when they shall have been elected and have qualified according to law. § 153 School property exempt from taxation. The grounds, buildings, furniture, books, apparatus and all other prop- erty of a school district shall not be subject to taxation for any purpose. § 154 Application of funds obtained from sale of school property. All moneys obtained from the sale of any school property authorized under the provisions of this chapter shall be applied for the benefit of the district as directed by the voters thereof in any annual or special meeting. ARTICLE 6 School Neig'liborlioods Section 170 Setting oflf school neighborhoods 171 Neighborhood meetings 172 Duties of neighborhood clerk and trustee § 170 Setting off school neighborhoods. Each school commissioner in respect to the territory within his district shall have power, with the approval of the Commissioner of Education, to set off by itself any neighborhood adjoining any other state of the union, where it shall be found most convenient for the inhabitants to send their children to a school in such adjoining state, and to deliver to the town clerk of the town in which it lies, in whole of in part, a description of each such separate neighbor- hood. He shall also prepare a notice, describing such neighbor- hood, and appointing a time and place for the first neighborhood meeting, and deliver such notice to a taxable inhabitant of such neighborhood. It shall be the duty of such inhabitant to notify every other inhabitant of the neighborhood, qualified to vote at the meeting, by reading the notice in his hearing, or, in case of EDUCATION LAW 4:^ his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode, at least six days before the time of the meeting. In case such meeting shall not be held, and in the opinion of the school commissioner it shall be necessary to hold such meeting before the time herein fixed for the first annual meeting, he shall deliver another such notice to a taxable inhab- itant of the neighborhood, who shall serve it as hereinbefore provided. § 171 Neighborliood meetings. The annual meeting of each neighborhood shall be held on the first Tuesday of August in each year, at the hour and place fixed by the last previous neigh- borhood meeting; or, if such hour and place has not been so fi-xed, then at the hour and place of such last meeting; or, if such place be no longer accessible, then at such other place as the trustee, or, if there be no trustee, the clerk, shall in the notices designate. The proceedings of no neighborhood meeting, annual or special shall be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it shall appear that the omission to give such notice was wilful and fraudulent. The inhabitants of any neighborhood, entitled to vote, when assembled in any annual meeting or any special meeting called by the com- missioner as above provided, shall have power, by a majority vote of those present, to appoint a chairman for the time being, and to choose a neighborhood clerk and one trustee, and to fill vacancies in oflice. The provisions of article 7 of this chapter, shall apply to and govern such meeting, so far as the same can in substance be applied to the proceedings ; and the provisions of article 8 of this chapter shall apply to and govern the ofiicers of such neighborhood, so far as the same can in substance be applied thereto. § 172 Duties of neighborhood clerk and trustee. The neighborhood clerk shall keep a record of the proceedings of his neighborhood, and of the reports of the trustees, and de- liver the same to his successor. In case such neighborhood shall be annexed to a district within this State its records shall be filed in the office of the clerk of such district. The trustee shall, be- tween the twenty-fifth day of July and the first day of August in every year, make his annual report to the school commissioner, and file it in the office of the clerk of the town of which the neigh- borhood is a part. Such report shall specify the whole amount of public moneys received during the year and from what public 50 THE UNIVERSITY OF THE STATE OF NEW YORK officer, and the inanDer in which it was expended ; the whole num- ber of such children as can be included in the district trustees' report residing in the neighborhood on the thirtieth day of August prior to the making of such report; and any other matters which the Commissioner of Education may require. ARTICLE 6- A. {Article added by L. 1913, ch. 116) Temporary Scbool Districts Section 175 Establishment of temporary school districts 176 Organization of district; officers 177 Maintenance of schools j teachers 178 Payment of expenses; gifts and contributions 179 Regulations of Commissioner of Education § 175 Establishinent of temporary school districts. Temporary school districts may be established outside of cities and union free school districts and public schools shall be maintained therein as hereinafter provided. Such districts may be estab- lished whenever any considerable number of persons shall have been congregated in camps or other places of temporary habita- tion, who are engaged in the construction of public works by, or under contract with, the State, or in the construction of public works or improvements by or under contract with any munici- pality. Such temporary districts shall be established by order of the district superintendent of schools of the supervisory dis- trict within which such camps or other places of temporary habitation are located, subject to the approval of the Commis- sioner of Education. Such order shall be filed in the State Education Department and if the public works or improvements are being constructed by a municipality, a copy thereof shall be filed in the office of the officer or board of the city under whose direction they are being constructed. When so established such districts shall be entitled to share in the apportionment of public money as in the case of other school districts, except that each district quota shall be one hundred and twenty-five dollars. The money so apportioned shall be paid to the treasurer of the dis- trict and be applied in the payment of teachers' salaries. [Added hy L. 1913, ch. 176.] § 176 Organization of districts; officers. Each of such districts shall have a trustee who shall be appointed by the EDUCATION LAW 51 district superintendent of schools, and a district clerk and treas- urer to be appointed by the trustee. Each of such officers shall serve during the continuance of the camp or other place of tem- porary habitation, unless sooner removed by the district superin- tendent. The treasurer shall give a bond to the people of the State, in an amount to be determined by the district superintend- ent, and with sureties approved by him, conditioned for the proper disbursement and accounting of all moneys received by him in behalf of such district. [Added hy L. 1913, ch. 176.'] § 177 Maintenance of schools; teacliers. Such schools shall be under the supervision of the district superin- tendent and shall be maintained pursuant to regulations adopted by the Commissioner of Education. They shall be free to all children of school age residing in such camps and other places of temporary habitation, and also to all adults residing therein. They shall be open at such hours as may be prescribed by the district superintendent, subject to the approval of the Commis- sioner of Education. The trustee of each such district shall em- ploy qualified teachers for the school therein, for such term and at such rate of compensation as may be determined upon by the district superintendent with the approval of the Commissioner of Education. The said trustees shall provide suitable building or rooms for such school and shall require the same to be kept in proper condition for the maintenance thereof, and shall cause the same to be equipped and supplied with all necessary books, furniture, apparatus and appliances. [Added hy L. 1913, ch. 176.'] § 178 Payment of expenses; gifts and contribu- tions. The costs and expenses of maintaining such schools in temporary districts, exclusive of the amount apportioned thereto out of the public moneys, shall be paid in such districts where the public works are being constructed by the State, out of moneys appropriated for such purpose. In districts where public works or improvements are being constructed for a municipality, such costs and expenses shall be a charge upon such municipality, and shall be paid out of funds available for the payment of the costs of construction of such works or improvements. The trustees of such district shall prepare an estimate of the amount of probable expenditures for the maintenance of the public schools in such district, which shall include a statement of the amount in the hands of the treasurer available for such maintenance, the amount received by such treasurer from gifts, 52 THE UNIVERSITY OF THE STATE OF NEW YORK contributions and other sources, and the amount to be received from the public school moneys, as herein provided, and shall also state the amount required to be raised for such school, specifying the items thereof, for the ensuing school year. The form of such estimate shall be prescribed by the district super- intendent. In the districts where the public works are being constructed by a municipality the said estimate shall be executed in duplicate, one of which shall be filed with the State Education Department, and the other shall be filed in the office of the department or officer of the municipality under whose super- vision such public works are being constructed. Upon the approval of such estimates by the State Education Department, notice thereof shall be given to the said department or officer of the municipality, and payment of the amount specified in such estimate shall be made to the treasurer of such district. The treasurer shall preserve vouchers of all payments made by him on account of the school in his district and shall make no pay- ments for purposes not provided for in the estimate, nor without the order of the trustee of the district accompanied with the necessary vouchers. [Added hy L. 19 IS, ch, IHG.'] § 179 Regulations of Commissioner of Education. The Commissioner of Education shall make regulations, not in- consistent herewith, for the purpose of providing for the estab- lishment and maintenance of schools as herein provided, and for the purpose of carrying into effect the full intent of this article. {Added hy L. 1913, ch. 176.'\ ARTICLE 6-B {Article added hy L. 1914, ch. 55) Central Rural Schools Section 180 Formation of districts 181 Notice of meeting and expense of notice 182 Trustees at meeting 183 Powers and duties of boards of education 184 Powers and limitations of districts 185 State aid * 186 Transportation of scholars § 180 Formation of districts. The Commissioner of Education is hereby authorized and empowered to lay out in this State in any territory exclusive of a city school districts conven- iently located for the attendance of scholars and of suitable size for the establishment of central schools to give instruction usually EDUCATION LAW 53 given in the common schools and in high schools, including instruction in no-riculture. [Added hy L. 191J/-, ch. 55,'] § 181 Notice of meeting and expense of notice. Whenever fifteen persons who are residents and taxable inhabi- tants in any such district shall unite in a request for a meeting of the inhabitants of such district to determine whether such school shall be established, and file the same in writing with the town clerk of the town in which such district is located, or if located in more than one town, with the town clerk of each town in which any part of such district is, it shall be the duty of each town clerk with whom such notice is filed to post a notice of such meeting, not less than five or more than ten days after the same is filed in his ofiice, in three conspicuous places in the district if the whole thereof be in his town, or if not, in that part of the dis- trict located in his town. If the district be located in more than one town the notice shall be prepared by the clerk of the town containing the largest portion of the territory of the district and furnished by him to the other town clerk or clerks for posting. If a weekly or daily newspaper be published within such school district the notice shall be published therein by the clerk prepar- ing the notice, at least three days before the meeting. All reason- able expense of the publication and service of such notice shall be a town charge upon the town or towns in which the said dis- trict, or a part thereof, is located, unless the district decides to establish a central school under this act, in which case such expense shall be a charge upon the district. [Added hy L. IQIJ/., ch. 55.] § 182 Trustees at meeting. 1 Any such meeting held pursuant to such notice shall be organized by the election of a chairman and clerk, and may be adjourned from time to time by a majority vote, provided that such adjournment shall not be for a longer period than ten days ; and whenever at any such meeting duly called and held under the provisions of this act fifteen qualified voters of the district shall be present, such meeting may, by an affirmative vote of a majority present and voting, adopt a resolution to establish a central school in said district. If said meeting shall determine to establish such school in said district, it shall be lawful for said meeting thereafter to proceed to the election by ballot of a board of education of not less than three nor more than seven trustees who shall, by the order of said meeting, be divided into three classes, as nearly equal as may be, the first to hold until one, the second until two, and the third 54 THE UNIVERSITY OF THE STATE OF NEW YORK until three years from the first Tuesday in August next following. Thereafter there shall he elected in such districts at the annual meeting trustees to supply the places of those whose terms of office hy the classification aforesaid expire. The trustees thus elected shall enter at once upon their offices. The said trustees and their successors in office shall constitute the hoard of educa- tion of such district. 2 The Commissioner of Education shall designate the district thus organized as central school district number of the town or towns of and the said hoard shall have the name and style of "the board of education of (adding the designation aforesaid)." 3 Copies of said requests, notice of meeting and minutes of said meeting duly certified by the chairman and clerk thereof shall be transcribed and deposit made after such meeting by one of said officers, one to and with the town clerk of each town in which any part of said district is located, one to and with the school superintendent in whose jurisdiction the district or any part thereof is located, and one to and with the Commissioner of Education. 4 If at any such meeting the question as to the establishment of a central school shall not be decided in the affirmative as aforesaid, then all further proceedings at such meeting, except a motion to reconsider the question, shall be dispensed with, and no s,uch meeting shall be again called within one year thereafter. 5 If any town clerk fail to perform any duty devolving upon him under this act the same may be performed by the Commis- sioner of Education. [Added hy L. IQlJf., ch. 55.'] § 183 Powers and dnties of boards of education. Boards of education in any such district shall have the same powers and duties as boards of education in union free school districts as prescribed by this act. ITothing in this act shall be construed to deprive any existing school district of the property belonging to such district, or to affect the indebtedness of said district. [Added hy L. 191^ ch, 55.] § 184 Powers and limitations of district. Any central district thus established shall have the same powers and be subject to the same limitations that are now conferred or imposed by law upon union free school districts as provided by this act. [Added hy L. IQlJf, ch. 55.] § 185 State aid. Any district organized under the pro- visions of this act shall from the time of its organization receive from the State the amount of money on the basis of attendance EDUCATION LAW 56 paid to the common school districts included therein during the year preceding its organization, at the rate that the said districts were then entitled to receive moneys pursuant to law. If a com- mon school district he divided in the formation of a central district the moneys of such common school district shall he apportioned by the Commissioner of Education, and the share thereof appor- tioned to that part of the common school district included in the central district shall be paid to the central district. Whenever any such district shall comply with the requirements of section 604 of the Education Law in relation to the establishment of gen- eral schools of agriculture and home making, the Commissioner of Education shall make the same annual apportionment of state school moneys to such central school as is now required to be made by law to a high school or union free school district com- plying therewith. Any such central district shall also receive all other allowances of public moneys apportioned by the State which it would be entitled to receive if it were a union free school district. [Added hy L. lOlJf-, ch. 55.] ^ 186 Transportation of scholars. The Commissioner of Education shall have power in any such central district to re- quire the payment by the district of such expense of transportation of school children to and from the school as in his judgment jus- tice requires, and the same shall be a charge upon the district. [Added hy L. 19U, ch. 55.] ARTICLE 6-C (Art. 6-C, added hy L. 1917, ch. 137, in effect April 5, 1917) Central High School Districts Section 187 Formation of central high school district 188 Request for meeting to vote on establishment of district; notice of meeting 189 Expense of notice 189-a Conduct of meeting 189-6 Proceedings to be submitted to Commissioner of Education; order establishing district 189-c Number and election of members of board of education 189-d Location of high school site 189-e Acquisition of site and erection of building 189-/ Issue and sale of bonds lS9-g Powers of board of education; laws applicable 189-h District meetings; vote upon school taxes 189-t Apportionment of expenses 189-; District treasurer; custody and disbursement of funds 189-A; State aid 189-i Transportation of pupils 66 THE UNIVERSITY OF THE STATE OF NEW YORK. § 187 Formation of central liigli school district. Two or more adjoining school districts may be formed into a central high school district in the manner provided in this article, for the purpose of erecting, establishing and maintaining therein a high school for the secondary education of the pupils residing in such district who have completed the work of the elementary grades in the several school districts included in sueh central high school district. [Added hy L. 1917, ch. 137, in effect April 5, 1917.] § 188 Request for meeting to vote on establish- ment of district; notice of meeting. 1 Whenever fifteen qualified electors of each of the districts proposing to establish such central high school district shall sign a request in writing for a meeting of the qualified electors of such districts, to be held for the purpose of determining whether a central high school dis- trict be established in conformity with the provisions of this article, it shall be the duty of the board of education of each union free school district and of the trustees of each common school district to give public notice that a meeting of the qualified electors of such districts will be held at a time and place to be specified therein. Such place shall be conveniently accessible to the qualified electors of such districts and the notice shall specify the day and hour of the meeting, which shall be not less than twenty nor more than thirty days after the publication of such notice. If the board of education and trustees of such districts refuse or fail to give such notice within twenty days after such request shall have been presented to them, the Commissioner of Education may by order authorize and direct ah inhabitant of any such districts to give such notice. 2 Such notice shall be published once a week for three con- secutive weeks before the meeting in all the newspapers published in any of the districts proposed to be established as a central high school district. In addition to such publication, such notice shall be posted in five conspicuous places in each of such districts at least twenty days prior to the meeting. If there are no newsr papers published in any of such districts, such notice shall be posted in at least ten conspicuous places in each of such districts at least twenty days prior to the day of the meeting. [Added hy L, 1917, ch. 137, in effect April 5, 1917.] § 189 Expense of notice. The reasonable expense of the publication and service of such notice, together with the expenses actually incurred in the holding of such meeting, shall EDUCATION LAW 67 )e chargeable against the central high school district, if it be jstablished, and shall be levied and collected by the board of 3ducation of such district, in the same manner as are other xpenses chargeable against such district for the establishment md maintenance of a high school therein. In the event that such entral high school district is not established, such expenses shall be chargeable upon the qualified electors signing the request, jointly and severally, to be sued for if necessary in any court having jurisdiction of the same. [Added hy L. 1917, ch. 137, in effect April 5, 1917,'] 189-a Conduct of meeting. Such meeting shall be organized by the election of a chairman and a clerk, and may be adjourned from time to time by a majority vote, provided that such adjournment shall not be for a longer period than ten days. If there are at least fifteen qualified electors present from each of the districts proposing to establish such central high school district, such meeting may by the affirmative vote of a majority of those present and voting from each of such districts adopt a resolution to establish a central high school district comprising the districts voting in favor thereof. If when such resolution is presented a majority of the qualified electors present from one or more of such districts is opposed to the establishment of such central high school district, and a majority of the qualified electors present and voting from each of the other districts is in favor of such resolution, the qualified electors present and voting jfrom the districts in favor of the establishment of such district I may adopt a resolution for the establishment of a central high I school district comprising the districts voting in favor of such resolution. I The resolutions so submitted shall be voted upon by taking and I recording the ayes and noes. The clerk of the board shall keep a poll list containing the names of the qualified electors present from each of the districts and indicating how each of such electors jl voted upon such resolutions. \^Added hy L. 1917, ch. 137, in ;l effect April 5, 1917,] § 189-b Proceedings to be submitted to Commis- sioner of Education; order establishing district. A copy of the request of the qualified electors for the meeting to establish such central high school district, the notice of the meet- ing and the minutes of the proceedings thereof, including the resolutions adopted by the electors present thereat, shall be certi- 58 THE UNIVERSITY OF THE STATE OF NEW YOEK fied by the chairman and clerk of the meeting and shall be sub- mitted to the Commissioner of Education. The Commissioner shall, upon such notice and after such hearing as he may deem proper, consider the papers submitted to him in respect to the establishment of such district and ascertain as to the advisability of establishing such district. If he deems it for the educational interests of the districts affected that such central high school district shall be established, he shall issue an order under the seal of the Department, directing that the said districts be estab- lished as a central high school district. The original order shall be filed in the office of the Commissioner, and copies thereof shall be filed in the offices of the district clerks of the districts com- prising such central high school district, and also in the offices of the town clerks of the town in which such districts or any parts thereof are situated. Such district shall be established as a central high school district upon the execution of such order. [Added by L. 1917,, ch. 137. in effect April 5, 1917,] § 189-c Number and election of members of board of education. The order of the Commissioner of Education, establishing such central high school district shall specify the number of members to constitute the board of education of such district and the number of members representing each of the dis- tricts included in such district. The number of such members shall be not less than five. There shall be at least one member of such board from each common school district and at least two from each union free school district. The board of education of each union free school district in such central high school district shall appoint the number of persons so designated by the Commissioner to represent such district as members of the board of education thereof. In each common school district having a sole trustee, such trustee shall represent such district as a member of the board of education of such central high school district. If a common school district have three trustees, such board of trustees shall designate one of its members to represent such dis- trict as a member of such board of education. The persons so designated shall be members of the board of education of the central high school district during their terms of office as mem- bers of the board of education or as trustees of the districts re- spectively represented by them. Whenever a vacancy shall occur in the office of a member of the board of education of such central high school district, it shall be filled as above provided. [Added by L. 1917, ch, 137, in effect April 5, 1917.] EDUCATION LAW 59 § 189-d Location of high school site. The board of education of such central high school district shall designate the site of the central high school in such district by resolution con- taining a description thereof by metes and bounds. If such board of education is unable to agree as to the selection of a site for such high school building, or shall for any reason neglect or refuse to designate such site, the Commissioner of Education may upon sub- mission of the question to him, after a hearing and due investiga- tion, issue an order determining the location of the site of such building. [Added hy L. 1917, ch. 137, in ejfect April 5, 1917.1 § 189-e Acquisition of site and erection of build- ing. The board of education of a central high school district shall, when the site of the said high school building shall have been designated as provided herein, submit to the qualified electors of such district a proposition authorizing the levy and collection of a tax, in one sum or by installments, sufficient in amount for the purchase or acquisition of such site. The said board of education shall also submit to the qualified electors of the said central high school district a proposition authorizing the levy and collection of a tax in installments, for the erection on such site of a new building suitable for high school purposes and for the construction of such improvements or struc- tures on such site as may be required for the establishment and maintenance of a high school in such district. Such propositions shall be voted upon by the qualified electors of the district at a meeting called by the board of education of such central high school district, and for the purpose of voting upon such propositions the said district shall be deemed to be a school district and the provisions of this chapter relative to dis- trict meetings and the adoption of propositions authorizing the levy of school taxes shall apply to meetings held in such central high school district for the purposes herein specified. [Added hy L. 1917, ch. 137, in effect April 5, 1917.] § 189-f Issue and sale of bonds. The board of educa- tion of such central high school district may, when a tax shall have been voted at a meeting of the qualified electors thereof, to be collected in installments, for the purpose of purchasing or acquiring a schoolhouse site or for erecting a school building or for the construction of improvements or sti-uctures on such site, as provided in the preceding section, borrow so much of the sum voted as may be necessary, at a rate not exceeding six per centum, 60 THE UNIVERSITY OF THE STATE OF NEW YORK and issue bonds or other evidences of indebtedness therefor, which shall be a charge upon the district and be paid at maturity, and which shall not be sold below par. Such bonds shall be sold in the manner provided by section 480 of this chapter. [Added hy L. 1917, ch. 137, in effect April 5, 1917.] § 189-g Po-wrers of board of education; laws appli- cable. The board of education of such central high school dis- trict shall have the same powers and duties in respect to the school therein as a board of education of a union free school district has, under this chapter, in respect to the schools in such district. Except as otherwise provided in this article, the provisions of this chapter as to the courses of study, the qualifications and employment of teachers and the maintenance, conduct and super- vision of public schools in union free school districts shall apply to a central high school in a central high school district estab- lished as herein provided. [Added hy L. 1917, ch. 137, in effect Aprils, 1917.] § 189-li District meetings ; vote upon school taxes. The annual meeting of a central high school district shall be held on the first Tuesday in June. Special meetings may be called in the same manner and for the same purposes as special meetings in union free school districts. Such meetings shall be held for the same purposes and in the same manner, and be subject to the same provisions of law, as like meetings in union free school dis- tricts, and all persons who are qualified electors of the school districts included in such central high school district may vote at such meetings. The board of education of such district shall present at the annual meeting a detailed statement in writing of the estimated expenditures required for the support and maintenance of the central high school therein for the ensuing year. The said meet- ing shall vote the necessary taxes to meet such expenditures, in the same manner as taxes are voted at a district meeting in a union free school district. The provisions of sections 322 to 326, inclusive of this chapter, and all other provisions relative to the making of appropriations, the voting of taxes, and the expenditure of moneys for the support, maintenance and expenses of public schools in union free school districts, shall apply to the support, maintenance and expenses of a central high school in a central high school district established as provided in this chapter. [Added hy L, 1917, ch. 137, in effect April 5, 1917,] EDUCATION- LAW 61 § 189-i Apportionment of expenses. The board of education of such central high school district shall cause to be apportioned among the school districts included in such district the amount required for the payment of the principal and interest of all bonds issued and sold as provided in this article for the purchase or acquisition of a schoolhouse site, the erection thereon of a new school building and the construction of improvements and other structures on such site, and for the payment of the authorized expenditures for the maintenance, support and expenses of such high school during the ensuing school year. There shall be apportioned to each such district such portion of such amount as the assessed valuation of the taxable property in such district bears to the total assessed valuation of all the school districts included in such central high school district. The board of education of such central high school district shall on or before August first of each year present to the board of education of each union free school district and to the trustee or board of trustees of each common school district in such central high school district a certified statement of the portion of such amount to be paid by each of such districts, and the said boards of education, boards of trustees or trustees shall cause the same to be raised by tax on the ta:xable property in such districts, in the same manner as other taxes for the support and maintenance of the schools therein. The board of education of a central high school district in the county of Westchester shall present such certified 'statements to the board of education of each union free school district and to the trustees or board of trustees of each common school district in such central high school district on or before the third Tuesday in June each year and such boards of education, boards of trustees or trustees shall include such amount in the annual school taxes for such districts and certify the same to the super- visor of the town before July first each year as provided in the laws applicable to such county. [Added hy L. 1917, ch. 137, in effect April 5, 1917.] § 189- j District treasurer and clerk; custody and disbursement o£ funds. The board of education of such district shall appoint a treasurer, who shall hold office during the pleasure of the board and shall be subject to the provisions of this chapter relative to the treasurer of a union free school dis- trict. The amount raised by tax in the several districts included within the central high school district for the support and main- tenance of such central high school, as provided in this section, 62 THE UinVEESITY OF THE STATE OF NEW YORK shall be paid to the treasurer of such central high school district and shall be paid out by him upon the orders of the board of education issued and executed in pursuance of a resolution of said board. The provisions of this chapter relative to the pay- ment of claims against a union free school district shall apply, so far as practicable, to the payment of claims against a central high school district established as provided in this article. The board of education of such district may appoint one of its mem- bers or a qualified elector of such district as clerk of the district. [Added hy L. 1917, ch. 137, in effect April 5, 1917.] § 189-k State aid. Public moneys shall be apportioned to such central high school district on account of the central high school maintained therein, in the same amount and under the same conditions as in the case of apportionments to union free school districts on account of secondary instruction given in the public schools of such districts, under the provisions of this chapter. [Added hy L. 1917, ch. 137, in effect April 5, 1917.] § 189-1 Transportation of pupils. The board of education of such central high school district may cause trans- portation to be furnished to the pupils of the districts entitled to attend such central high school who reside so remote from such schools that they will be deprived of the privilege of attendance thereat unless such transportation is furnished. The cost of such transportation shall be a charge against such central high school district and Shall be raised by tax without a vote of the district and be paid in the same manner as other expenditures for the support and maintenance of such central high school. The Com- missioner of Education may, upon sufficient notice to such board of education and after an opportunity to such board to be heard in its defense, issue an order directing such board to provide such transportation. [Added hy L. 1917, ch. 137, in effect April 5, 1917.] ARTICLE 7 District Meeting's Section 190 Notice of first meeting of district 191 Service of notice of first meeting of district 192 Second notice of first meeting of district 193 Notice of annual meeting 194 Time and place of annual meeting 195 Annual meetings of districts reformed after dissolution 196 Special meeting to transact business of annual meeting 197 Special meetings in common school districts EDUCATION LAW 63 Section 198 Special meetings in union free school district* 199 Call of special district meeting by school commissioner 200 Effect of want of due notice of district meetings 201 Penalty for failure to serve notice 202 Duty to attend district meetings 203 Qualifications of voters at district meetings 204 Declaration in case of challenge of voter 205 Penalty for false declaration or unauthorized vote 206 Powers of voters 207 Vote on proposition to expend money § 190 Notice of first meeting of district. When- ever any school district shall be formed, or two or more common school districts are consolidated as provided in section 132 the district superintendent of schools, or any one or more of such district superintendents within whose districts it may be, shall prepare a notice describing such district, and appointing a time and place for the first district meeting, and deliver such notice to a taxable inhabitant of the district. [Amended hy L. 1913, ch. 129.'] § 191 Service of notice of first meeting of district. ^ It shall be the duty of such inhabitant to notify every other in- j habitant of the district qualified to vote at the meeting, by delivering to him a copy of the notice of such meeting, or in case [)f his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode, at least six days before the time of the meeting. 192 Second notice of first meeting of district, [n case such meeting shall not be held, and in the opinion of the jchool commissioner it shall be necessary to hold such meeting, before the time herein fixed for the first annual meeting, he shall deliver another such notice to a taxable inhabitant of the district, who shall serve it as provided in section 191. § 193 Notice of annual meeting. 1 The district clerk >f each common school district shall give notice of the time and [)lace of the annual meeting by posting five notices of such meet- ing in five conspicuous places in the district five days previous to the date of such meeting. One of such notices must be posted \m. the front door of the schoolhouse. 2 The clerk of each union free school district shall give notice Df the time and place of the annual meeting by publishing a notice 3nce in each week within the four weeks next preceding such ^ So in originaL 64 THE UNIVERSITY OF THE STATE OF NEW YORK district meeting, in two newspapers if there shall be two, or h one newspaper if there shall be but one, published in such district But if no newspaper shall then be published therein, the sai( notice shall be posted in at least twenty of the most public place in said district twenty days before the time of such meeting [Subdivision 2 amended by L. 1915, ch. 171.1 § 194 Time and place of annual meeting. Th» annual meeting of each school district shall be held on the firs Tuesday of May in each year, and, unless the hour and plac< thereof shall have been fixed by a vote of a previous district meet ing, the same shall be held in the schoolhouse at seven-thirt;^ o'clock in the evening. If a district possesses more than on( schoolhouse, it shall be held in the one usually employed for tha purpose, unless the trustees designate another. If the distric possesses no schoolhouse, or if the schoolhouse shall not be acces sible, then the annual meeting shall be held at such place as i trustee, or, if there be no trustee, the clerk, shall designate in th( notice. Provided, however, that in union free school district: whose limits do not correspond with those of an incorporated cit^: or village, the board of education may at any regular meeting, h} resolution duly adopted and entered upon its minutes, determim that the annual meeting of such union free school district shall h held on the first Tuesday in August; and thereafter until sucl determination shall be changed, such annual meeting shall be hek on the first Tuesday in August of each year; and where any sucl district shall have heretofore or hereafter determined that the election of the members of the board of education shall be hek on the Wednesday next following the day designated by law fo? holding the annual meeting of such district as provided by sec- tion 303 of the Education Law, such election shall be held at the time so determined until such determination shall be changed. [Amended by L. 1910, ch. Ji4^y L. 1913, ch. UOy and L. 1915. ch. 232.] I § 195 Annual meetings of districts reformed aftet dissolution. The districts formed by the dissolution of a union free school district, as provided in sections 146 and 147 of this chapter shall hold their annual meetings on the first Tues- day of May next after the dissolution of such union free school district, and shall elect officers as now required by law. [Amended by L. 1913, ch. 129,'] § 196 Special meeting to transact business of an- nual meeting. Whenever the time for holding the annual EDUCATIOT?^ LAW 65 fjjj meeting in school districts shall pass without such meeting being held in a district, a special meeting shall thereafter be called by the trustees or by the clerk of such district for the purpose of transacting the business of the annual meeting; and if no such meeting be called by the trustees or the clerk within ten days after such time shall have passed, the school commissioner of the com- missioner district in which said school district is situated or the Commissioner of Education may order any inhabitant of such dis- trict to give notice of such meeting in the manner provided in sec- tion 191, and the officers of the district shall make to such meeting the reports required to be made at the annual meeting, subject to the same penalty in case of neglect; and the officers elected at such meeting shall hold their respective offices only until the next annual meeting and until their successors are elected and shall have qualified. § 197 Special meetings in common school districts. 1 A special district meeting shall be held whenever called by the trustees. The notice thereof shall state the purposes for which it u is called, and no business shall be transacted at such special meet- ing, except that which is specified in the notice; and the district Jclerk, or, if the office be vacant, or the clerk be sick or absent, or shall refuse to act, a trustee,! or some taxable inhabitant, by order of the trustees, shall serve the notice upon each inhabitant of the district qualified to vote at district meetings, at least six days be- fore the day of the meeting, in the manner prescribed in section 191. 2 The inhabitants of a district may, at any annual meeting, adopt a resolution prescribing some other mode of giving notice jof special meetings, which resolution and the mode prescribed ,^ I thereby shall continue in force until rescinded or modified at some subsequent annual meeting. § 198 Special meetings in union free school dis- tricts. 1 Boards of education shall have power to call special meetings of the inhabitants of their respective districts whenever they shall deem it necessary and proper, in the manner prescribed in subdivision 2 of section 193 of this chapter. 2 In union free school districts whose limits correspond with those of any incorporated village or city, the boards of education =?hall have power to call special meetings of the inhabitants of their respective districts for the purposes mentioned in section j}]| 467 in the manner prescribed in said subdivision 2 of section 193. 3 i& ill 66 THE UNIVEBSITT OF THE STATE OF NEW TOEK § 199 Call of special district meeting by scliool commissioner. When the clerk and all the trustees of a school district shall have removed from the district, or their office shall be vacant, so that a special meeting can not be called, as hereinbefore provided, the school commissioner may in like man- ner give notice of, and call a special district meeting. § 200 EfPect of want of due notice of district meetings. The proceedings of no district meeting, annual or special, shall be held illegal for want of a due notice to all the per- sons qualified to vote thereat, unless it shall appear that the omis- sion to give such notice was wilful and fraudulent. § 201 Penalty for failure to serve notice. Every taxable inhabitant, to whom a notice of any district meeting shall be delivered for service pursuant to any provisions of this article, who shall refuse or neglect to serve the same, as hereinbefore prescribed, shall forfeit five dollars for the benefit of the district. § 202 Duty to attend district meetings. Whenever any district meeting shall be duly called, it shall be the duty of the inhabitants qualified to vote thereat, to assemble at the time and place fixed for the meeting. § 203 Qualifications of voters at district meetings. A person shall be entitled to vote at any school meeting for the election of school district officers, and upon all other matters which may be brought before such meeting who is: 1 A citizen of the United States. 2 Twenty-one years of age. 3 A resident within the district for a period of thirty days next preceding the meeting at which he offers to vote ; and who in addition thereto possesses one of the following four qualifications : a Owns or hires, or is in the possession under a contract of purchase of real property in such district liable to taxation for school purposes, or h Is the parent of a child of school age, provided such child shall have attended the district school in the district in which the meeting is held for a period of at least eight weeks during the year preceding such school meeting, or c iN'ot being the parent, has permanently residing with him a child of school age who shall have attended the district school for a period of at least eight weeks during the year preceding such meeting, or d Owns any personal property, assessed on the last preceding EDUCATIOIir lAW 67 assessment-roll of the town, exceeding fifty dollars in value, exclu- sive of such as is exempt from execution. 'No person shall be deemed to be ineligible to vote at any such meeting, by reason of sex, who has the other qualifications re- quired by this section. § 204 Declaration in case of challenge of voter. f a person offering to vote at any school district meeting shall be challenged as unqualified, by any legal voter in such district, the chairman presiding at such meeting shall require the person 30 offering, to make the following declaration : " I do declare and iffirm that I am, and have been, for the thirty days last past, an actual resident of this school district and that I am qualified to 7ote at this meeting." And every person making such declaration shall be permitted to vote on all questions proposed at such meet- ng; but if any person shall refuse to make such declaration, his 7ote shall be rejected. § 205 Penalty for false declaration or unautlior- ized vote. A person who shall wilfully make a false declara- tion of his right to vote at a school meeting, after his right to 7ote thereat has been challenged, shall be deemed guilty of a mis- iemeanor. And a person not qualified to vote at such meeting, ivho shall vote thereat, shall thereby forfeit ten dollars, to be sued For by the supervisor for the benefit of the common schools of the own. § 206 Powers of voters. The inhabitants entitled to vote, vhen duly assembled in any district meeting, shall have power, Dy a majority of the votes of those present: 1 To appoint a chairman. 2 To appoint a clerk for the time if the 'district clerk is absent. 3 To adjourn from time to time as occasion may require. 4 To elect one or three trustees as hereinafter provided, a dis- rict clerk and a district collector, and in any district which shall o determine, as hereinafter provided, to elect a treasurer, at their irst meeting, and so often as such offices or any of them become acated, except as hereinafter provided. 5 At the first meeting, or at any subsequent annual meeting, T at any special meeting duly called for that purpose, the quali- ied voters of any school district are authorized to adopt by a vote f a majority of such voters present and voting, to be ascertained y taking and recording the ayes and noes, a resolution to elect treasurer of said district, who shall be the custodian of all 68 THE UITIVEESITY OF THE STATE OF NEW YOEK moneys belonging to said district, and the disbursing officer of such moneys. If such resolution shall be adopted, such voters shall thereupon elect by ballot a treasurer for said district. Any person elected treasurer at any meeting other than an annual meeting, shall hold office until the next annual meeting after such election, and until his successor shall be elected or appointed, and thereafter a treasurer shall be elected at each annual meet- ing for the term of one year. [Subdivision 5 amended hy L, 1910, ch. U^.] 6 To fix the amount in which the collector and treasurer shall give bonds for the due and faithful performance of the duties of their offices. 7 To designate a site for a schoolhouse, or for the grounds to be used for playgrounds, or for agricultural, athletic center and social center purposes, or, with the consent of the district super- intendent of schools within whose district the school district lies, to designate sites for two or more schoolhouses for the district. Such designation of a site for a schoolhouse, or for such grounds, can be made only at a special meeting of the district, duly called for such purpose by a written resolution in which the proposed site shall be described by metes and bounds, and which resolution must receive the assent of a majority of the qualified voters present and voting, to be ascertained by taking and recording the ayes and noes, or by ballot. [Subdivision 7, amended by L. 1913, ch. 221.'] 8 To vote a tax upon the taxable property of the district, to purchase, lease and improve such sites or an addition to such sites and grounds for the purposes specified in the preceding sub- division, to hire or purchase rooms or buildings for schoolrooms or schoolhouses, or to build schoolhouses; to keep in repair and furnish the same with necessary fuel, furniture and appurtenances, and to purchase such implements, apparatus and supplies as may be necessary to provide instruction in agriculture and other sub- jects, and for the organization and conduct of athletic, playground and other social center work. [Subdivision 8 amended by L. 1913, ch. 221.1 9 To vote a tax, not exceeding twenty-five dollars in any one year, for the purchase of maps, globes, reproductions of standard works of art, blackboards and other school apparatus, and for the purchase of textbooks and other school necessaries for the use of poor scholars of the district. [Subdivision 9 amended by L. 191Jf, ch. 216.'] EDUCATION LAW 69 10 To vote a tax for the establishment of a school library and the maintenance thereof, or for the support of any school library already owned by said district, and for the purchase of books therefor, and such sum as they may deem necessary for the pur- chase of a bookcase. 11 To vote a tax to supply a deficiency in any former tax arising from such tax being, in whole or in part, uncollectible. 12 To authorize the trustees to cause the schoolhouses, and their furniture, appurtenances and school apparatus to be insured by any insurance company created by or under the laws of this State, or any other insurance company authorized by law to trans- act business in this State. 13 To alter, repeal and modify their proceedings, from time to time, as occasion may require. 14 To vote a tax for the purchase of a book for the purpose of recording their proceedings. 15 To vote a tax to replace moneys of the district, lost or embezzled by district officers ; and to pay the reasonable expenses incurred by district officers in defending suits or appeals brought against them for their official acts, or in prosecuting suits or appeals by direction of the district against other parties. 16 To vote a tax to pay whatever deficiency there may be in teachers' wages after the public money apportioned to the district shall have been applied thereto. 17 To vote a tax to pay and satisfy of record any judgments of a competent court which may have been or shall hereafter be obtained in an action against the trustees of the district for unpaid teachers' wages, where the time to appeal from said judgments shall have lapsed, or there shall be no intent to appeal on the part of such district, or the said judgments are or shall be of the court of last resort. 18 Whenever any district shall have contracted with the school authorities of any city, or other school district for the education therein of the pupils residing in such school district, or whenever in any school district children of school age shall reside so remote from the schoolhouse therein that they are practically deprived of school advantages during any portion of the school year, the inhabitants thereof entitled to vote are authorized to provide, by tax or otherwise, for the conveyance of any or all pupils residing therein to the schools of such city, or district with which such contract shall have been made, or to the 70 THE UNIVERSITY OF THE STATE OF NEW YOEK school maintained in said district, and the trustees thereof may contract for such conveyance when so authorized in accordance with such, rules and regulations as they may establish, and for the purpose of defraying any expense incurred in carrying out the provisions of this subdivision, they may if necessary use any portion of the public money apportioned to such district as a district quota. § 207 Vote on proposition to expend money. Tn all propositions arising at said district meetings, involving the expenditure of money, or authorizing the levy of taxes, the vote thereon shall be by ballot, or ascertained by taking and recording the ayes and noes of such qualified voters attending and voting at such district meetings. ARTICLE 7-A {Added by L. 1917, ch. 791, in effect June 8, 1917) School Elections in Certain Cities Section 208 Application of article 209 Annual school election 210 Qualifications of electors 211 Division of city or district into districts; elections held in schoolhouses 212 Notices of election 213 Preparation of poll lists; correction 214 Inspectors of election; organization 215 Nomination and ballot 216 Conduct of election; challenges 217 Canvass of votes and return to board of education; declaration of result 218 Use of voting machines § 208 Application of article. This article shall apply to each city in the State, in which members of the board of educa- tion are elected by the qualified electors of such city at an election other than a general or municipal election. [Added hy L. 1917y ch. 191, in effect June 8, 1917.] § 209 Annual school election. 1 An annual election shall be held on the first Tuesday of May in each city to which this article applies. 2 The polls of such election shall be open from twelve o'clock noon until eight o'clock in the evening. [Added by L, 1917, ch. 791, in effect Jwm 8, 1917.] EDUCATION LAW § 210 Qualifications of voters. A person shall be entitled to vote at a school election in such city who is: 1 A citizen of the United States. 2 Twenty-one years of age. 3 A resident within the election district for a period of thirty days next preceding the election at which he offers to vote; and who in addition thereto possesses one of the following four qualifications : a Owns or hires real property in such district or is in the possession of such property under a contract of purchase, assessed upon the last preceding assessment-roll of the city, or h Is the parent of a child of school age, provided such child shall have attended the public schools in the city in which the election is held for a period of at least eight weeks during the year preceding such election, or c Not being the parent, has permanently residing with him a child of school age who shall have attended such public schools for a period of at least eight weeks during the year preceding such election, or d Owns personal property, assessed on the last preceding assessment-roll of the city, exceeding fifty dollars in value, exclu- sive of such as is exempt from execution. 'Eo person shall be deemed to be ineligible to vote at any such election, by reason of sex, who has the other qualifications required by this section. [Added hy L, 1917, ch. 791, in effect June 8, 1917.] § 211 Division of city into districts; elections held in sclioollionses. The board of education of each such city shall adopt a resolution on or before the first day of April, preceding the first annual school election held hereunder, divid- ing the city into school election districts. The city shall be so divided, that if circumstances will permit, there shall be a schoolhouse in each district and each district shall contain not more than one thousand qualified voters. The districts thus formed shall continue in existence until modified by resolution of the board of education. Such resolution shall accurately describe the boundaries of such districts by streets, alleys and highways, when practicable, and shall so far as may be, include one or more of the regular election districts of such city. School elections shall be held in such districts so far as may be possible in the public schoolhouses therein. If there is no public school- 72 THE UNIVERSITY OF THE STATE OF NEW YORK house in a district the board of education shall by resolution designate the place where the election in such district shall be held. [Added hij L. 1917, ch. 791, in ejfect June 8, 1917.] § 212 Notice of election. The board of education shall cause a notice of the annual school election to be published at least once in each week for the four weeks preceding such election, in at least two newspapers published in such city. Such notice shall state the day of election and the hours during which the polls are to be open, shall accurately describe the boundaries of the school election districts into which the city is divided, and shall specify the schoolhouses or other places therein where such election will be held. Such notice shall also state that poll lists prepared by the clerk of the board of education as required by this article containing the names of the qualified electors of each school election district are on file and may be examined at the office of such clerk or of the superintendent of schools of such city, [Added hy L. 1917, ch. 791, in ejfect June 8, 1917,'] § 213 Preparation of poll lists; correction. 1 The secretary or clerk of the board of education in each such city shall on or before the first day of April in each year prepare a poll list for each school election district which shall contain the names of all persons residing in such district who shall be quali- fied to vote for candidates for the offices of members of the board I of education at the ensuing election. The names on such list shall be arranged alphabetically by the surnames, and the place of residence by street and number of each person named on such list, if any, and if not, some description accurately locating such place of residence shall be given on such list. 2 Such list shall be placed on file in the office of the secretary or clerk of the board of education or some other suitable and accessible place to be designated by the board of education where it may be examined by persons interested therein during the office hours of such secretary or clerk for thirty days preceding the annual school election and from four to eight o'clock in the even- ing of each Friday and Saturday of the four weeks immediately preceding the election. The secretary or clerk of the board of education or some person to be designated by such board shall attend at such office at such times, and shall permit such lists to be examined by the public. 3 Any person whose name is not upon such list, who is or will be a qualified voter of the city at such election, may file a EDUCATION LAW 73 {vritten statement with the secretary or clerk of the board of sducation giving his name, place of residence, occupation and ^he school election district in which he resides, and specifying all .'he qualifications which entitle him to vote at such election. The Qame of such voter shall thereupon be placed on such poll list. If such person appears before the secretary or clerk of the board Df education and furnishes the information above required, such secretary or clerk shall place his name upon the poll list. 4 If a qualified voter is a resident of a school election district and his name appears on a poll list as a resident of another dis- trict, a written statement may be filed by such voter with the sec- retary or clerk of the board of education showing his correct resi- dence and the name of such voter shall thereupon be stricken from such poll list and placed upon the proper poll list. 5 The board of education shall furnish blanks for such state- ments, which shall be used by the voters in presenting the facts above prescribed. 'No change or alteration of such list shall be made by any person before the correction and revision thereof as hereinafter provided. 6 Such statements and challenges shall be received and pre- served by the secretary or clerk of the board or other person designated by the board, and on the Monday preceding the annual election such secretary or clerk shall correct and revise each of such duplicate lists by striking therefrom and inserting in their proper places the names of persons who have filed the statements above referred to and shall indicate on such lists the persons whose qualifications as voters have been challenged. 7 Such corrected and revised lists shall be filed in the office of the secretary or clerk of the board of education. Such board shall cause a copy of the list of each election district to be delivered on the day of the election, before the opening of the polls therein, to the inspectors of such districts, at the place where the election in such district is to be held. 8 A qualified voter may, upon the examination of such list, file a written challenge of the qualifications as a voter of any person whose name appears on such list. Such challenge shall be written and shall be on blanks to be furnished by the board of education. lAdded hy L. 1917, ch. 791, in effect June 8, 1917.'] § 214 Inspectors of election; organization. The board of education shall appoint not less than ten days prior to each school election three qualified voters residing in each school election district to act as inspectors of elections in such district 74 THE UNIVERSITY OF THE STATE OF NEW YORK at the annual election. The secretary or clerk of the board of education shall given^ written notice of appointment to the persons so appointed. If a person appointed an inspector of elec- tion refuses to accept such appointment or fails to serve, the board may appoint a qualified voter of the school election district to fill the vacancy. 'Not more than two additional inspectors of elections for each district may be appointed for one or more of such school election districts, when, in the opinion of the board, special circumstances exist requiring the services of such addi- tional inspectors. Such inspectors shall, before opening the polls in the election district for which they are appointed, organize by electing one of their number as chairmaQ, and one as poll clerk. Each inspector shall receive for his services a compensation of three dollars, to be paid out of the school funds in the same man- ner as other claims against the city or district. [Added hy L, 1917, ch. 791, in effect June 8, 1917.'] § 215 Nomination and ballot. 1 Candidates for members of the board of education in a city to which this article applies shall be nominated by petition directed to the board of education and signed by at least thirty persons qualified to vote at school elections in such city. Such petition shall contain the name and residences of the candidates for the vacancies in the board of education to be filled at the annual election and shall state whether such candidates are nominated for full terms or for the unexpired portions of such terms. Such petitions shall be filed with the secretary or clerk of the board of education on or before the tenth day preceding the day of the annual election. 2 The board of education shall cause to be printed official bal- lots containing the names of all candidates as above provided. The ballots shall separately state whether the persons named thereon are candidates for full terms or for unexpired terms. The names of the candidates shall be arranged alphabetically according to their surnames in columns under titles or designations showing whether they are to be elected for full terms or unexpired terms. Blank spaces shall be provided so that voters may vote for candidates who have not been nominated for the offices to be filled at such election. The form of such ballots shall conform substantially to the form of ballots used at general elections as prescribed in the election law. Such ballots shall be printed at the expense of the city and the cost thereof shall be paid out of funds appropriated for school purposes and available therefor. ^So in originaL EDUCATION LAW 76 3 There shall be delivered to the inspectors in each school election district on the day of the annual election a supply of such ballots which shall at least equal the number of qualified voters in such district as appears from the poll list thereof. 4 Such ballots shall have printed thereon instructions as to the marking of the ballots and the number of candidates for the several offices for which a voter is permitted to vote. 5 If official ballots are not furnished as above provided, an election of members of a board of education in such city shall not be declared invalid or illegal because of the use of ballots which do not conform to the requirements of this section or of the provisions of the election law, provided the intent of the voter may be ascertained from the use of such irregular or defective bal- lots and such use was not fraudulent and did not substantially affect the result of the election. [Added hy L. 1917, ch. 79 ly in effect June 8, 1917.] § 216 Conduct of election; challenges. 1 Such election shall be conducted, so far as may be, in accordance with the provisions of the election law, relative to general elections, except as otherwise provided herein. Ballot boxes shall be pro- vided by the board of education for each school election district, one to contain the ballots voted and the other for the rejected or defective ballots. 2 All persons whose names appear upon the poll list as residing in such election district shall be permitted to vote and shall be given ballots for such purpose. 3 Booths shall be provided and voters shall be required to enter such booths for the purpose of marking their ballots. The ballots when presented to the inspector shall be folded so as to conceal the names of the candidates for whom the voter has voted. 4 All voters entitled to vote who are in the place where the election is held at or before the time of closing the polls shall be allowed to vote. The inspectors shall keep a poll list, containing the name and address of each qualified elector who votes at such election for the candidates or propositions or questions voted for thereat. 5 Any qualified voter of a district may challenge the right of a person to vote at the time when he requests a ballot. All persons named upon the poll list as having been challenged prior to the day of the election shall also be challenged before they are given ballots to vote. The chairman of the board of inspectors shall administer to each person so challenged the following oath: 76 THE UNIVEESITT OF THE STATE OF NEW YOEK *' I do solemnly swear (or affirm) that J am a citizen of the United States ; that I am of the Rge of twenty-one years or more ; that I have been for the thirty days last past an actual resident of this city; and that in addition thereto I possess one of the four quali- fications prescribed by section 210 of the education law, to wit: — (Here state facts upon which qualifications are claimed), and am therefore qualified to vote at this election." The chairman of the board of inspectors shall before administering such oath inform the person so challenged of the four qualifications pre- scribed by such section. If the person challenged so swears or affirms, he shall be permitted to vote at such election; but if he shall refuse to so swear or affirm, he shall not be given a ballot or be permitted to vote. 6 A person who wilfully swears or affirms falsely as to his right to vote at such election after his right to vote has been chal- lenged is guilty of perjury and may be punished in the manner provided by law for the punishment of such crime. A person who is not qualified to vote at such election who shall vote thereat, although not challenged, shall be guilty of misdemeanor, punishable by a fine of not less than twenty-five dollars, or by imprisonment for not less than thirty days, or by both such fine and imprison- ment. [Added by L. 1917, ch. 791, in effect June 8, 1917.] § 217 Canvass of votes and return to board of education; declaration of result. 1 Immediately upon the close of the polls the inspectors of each school election district shall count the ballots found in the ballot box without unfolding them, except so far as is necessary to ascertain that each ballot is single. They shall compare the number of ballots found in the ballot box with the number of persons recorded on the poll list as having voted at the election. If the number of ballots found in the ballot box shall exceed the number of names, such ballots shall be replaced without being unfolded in the box from which they were taken and shall be thoroughly mingled in such box and one of the inspectors designated by the board shall then publicly draw' out as many ballots as shall be equal to the number of excess ballots. The ballots so drawn out shall be enclosed without unfolding in an envelop which shall be sealed and endorsed with a statement of the number of such excess ballots withdrawn from the box and shall be signed by the inspector who withdrew such ballots. Such envelop with the excess ballots therein shall be placed in the box for the defective or spoiled ballots. EDUCATION LAW Y7 2 The ballots shall be counted or canvassed by the inspectors in the manner provided for the canvassing of ballots at a general election except as otherwise provided herein. The votes cast for each candidate shall be tallied and counted by the inspectors and a statement shall be made containing the names of each candidate receiving votes in such district and the number of votes cast for each candidate. Such statement shall also give the number and describe the ballots which are declared void and shall also specify the number of wholly blank ballots cast. Such statement shall be signed by the inspectors. The ballots which were declared void and not counted shall be inclosed in an envelop which shall be sealed and endorsed as containing void ballots and sig-ned by the inspectors. Such envelop shall be placed in the ballot box containing the defective and spoiled ballots. 3 After the ballots are counted and the statements have been made as required herein the ballots shall be replaced in the ballot box. Each box shall be securely locked and sealed and deposited by an inspector designated for the purpose with the secretary or clerk of the board of education. The unused ballots shall be placed in a sealed package and returned by the inspector desig- nated for such purpose to the said secretary or clerk at the same time that such ballot boxes are delivered to him. The statement of the canvass of the votes shall be delivered to the secretary or clerk of the board of education on the day following the annual election. 4 The board of education shall meet at the usual place of meeting at eight o'clock in the evening of the day following such election and shall forthwith examine and tabulate the statements of the result of the election in the several school election districts. The said board shall canvass the returns as contained in such statements and shall determine the number of votes cast for each candidate in the several school election districts. The board shall thereupon declare the result of the canvass. The candidates receiving a plurality of the votes cast respectively for the several offices shall be declared elected. The secretary or clerk of the board of education shall record the result of the election as announced by the board of education. 5 The secretary or clerk of the board of education shall within twenty-four hours after the result of the election has been declared serve a written notice either personally or by mail upon each person declared to be elected as a member of the board of educa- tion. [Added hy L, 1917, ch, 791, in effect June 8, 1917.] 78 THE UNIVERSITY OF THE STATE OF NEW YORK § 218 Use of voting macliines. In a city in wMcli voting macliines are used at general or municipal elections, it shall be lawful for the board of education of such city to authorize the use of such voting machines at a school election. When such voting machines are used the law relating to the' use of such machines at a general or municipal election shall apply to and govern the use of such machines in a school election. [Added by L. 1917, ch. 791, in ejfect June 8, 1917.] ARTICLE 8 School District Officers; General Provisions Section 220 Officers of district 221 Qualifications of officers 222 Ineligibility to office 223 Oath of office 224 Terms of office 225 Terms of officers of newly created district 226 Number of trustees; determination of change 227 Election of officers 228 Notice and acceptance of election 229 Refusal of trustee to serve 230 Penalty for refusal to serve or perform duty 231 Resignation of district officers 232 Vacating office 233 Filling vacancy in office of trustee 234 Filling vacancy in office of clerk, collector or treasurer 235 Notice of appointment to fill vacancy and filing thereof 236 District records, books, et cetera, are district property § 220 Officers of district. 1 Each school district shall have from one to three trustees as the district determines, a clerk, a collector and if the district so decides a treasurer. 2 A union free school district shall have from three to nine trustees as the district shall determine. § 221 Qualifications of officers. Every school district officer must be able to read and write and must be a qualified voter of the district. § 222 Ineligibility to office. 1 No school commissioner or supervisor is eligible to the office of trustee or member of a board of education, and no trustee can hold the office of district clerk, collector, treasurer or librarian. 2 A person removed from a school district office shall be in- eligible to appointment or election to any district office for a period of one year from the date of such removaL EDUCATION LAW 79 3 'Not more than one member of a family shall be a member of the same board of education in any school district. § 223 Oath of office. No officer of a school district shall be required to take the constitutional oath of offi.ce. § 224 Term of office. 1 In a district having three or more trustees the full term of office of trustee shall be three years, but a trustee may be elected for one or two years as provided in this chapter. 2 In a district having a sole trustee the term of office of trustee shall be one year. 3 The term of office of all other district officers shall be one year. 4 One year, within the meaning of this section, is a school year. A school year shall be from August first until July thirty-first fol- lowing. [Subdivision Jji amended hy L, 1910, ch. UJf2.'] § 225 Terms of officers of newly created district. The terms of all officers elected at the first meeting of a newly created district shall expire on the first Tuesday of May next thereafter. [Amended hy L. 1913, ch, 129.'] § 226 Number of trustees; determination of change. 1 At the first annual meeting next after the erection of a district the electors shall determine, by resolution, whether the district shall have one or three trustees ; and if they resolve to have three trustees, shall elect the three for one, two and three years, respectively, and shall designate by their votes for which term each is elected; thereafter in such district, one trustee shall be elected at each annual meeting to fill the office of the outgoing trustee. 2 The electors of any district having three trustees shall have power to decide at any annual meeting by a majority vote of those present and voting, whether the district shall have a sole trustee or three trustees. If they resolve to have a sole trustee, the trus- tees in office shall continue in office until their terms of office shall expire. No election of a trustee shall be had in the district until the offices of such trustees shall become vacant by the expiration of their terms of office or otherwise, and thereafter but one trus- tee shall be elected for said district. 3 The electors of a district having but one trustee may deter- mine at an annual meeting, by a two-thirds vote of the legal voters present thereat, to have three trustees; and upon the adoption of a resolution to that effect, shall proceed to elect three trustees or such number as may be necessary to form a board of three trus- 80 THE XJNIVEESITY OF THE STATE OF NEW YORK tees, in the same manner as provided in this section for the elec- tion of three trustees at the first annu'al meeting after the erection of a district; and thereafter in such district, one trustee shall be elected for three years, at each annual meeting, to fill the office of the outgoing trustee. § 227 Election of officers. 1 All district officers shall be elected by ballot and the trustees shall provide a suitable ballot- box for such purpose. 2 Two inspectors of election shall be appointed in such manner as the meeting shall determine, who shall receive the votes cast, canvass the same and announce the result of the ballot to the chair- man. 3 A poll-list containing the name of every person whose vote shall be received shall be kept by the clerk of the meeting. 4 The ballots shall be written or printed, or partly written and partly printed, containing the name of the person voted for and designating the office for which each is voted. 5 The chairman shall declare to the meeting the result of each ballot, as announced to him by the inspectors, and the persons hav- ing the majority of votes, respectively, for the several officers,^ shall be elected. § 228 Notice and acceptance of election. 1 The district clerk shall forthwith notify in writing each person elected to office of his election and the date thereof. 2 Such person shall be deemed to have accepted the office, unless within five days after the service of such notice, he shall file his written refusal with the clerk. The presence of any such person at the meeting which elects him to office, shall be deemed a sufficient notice to him of his election. § 229 Refusal of trustee to serve. A trustee who publicly declares that he will not accept or serve in the office of trustee, or refuses or neglects to attend three successive meetings of the board, of which he is duly notified, without rendering a good and valid excuse therefor to the other trustees vacates his office by refusal to serve. § 230 Penalty for refusal to serve or perform duty. 1 Every person chosen or appointed to a school district office and being duly qualified to fill the same who shall refuse to serve therein shall forfeit the sum of five dollars. ^ So in originaL EDUCATION LAW 81 2 Every person chosen or appointed to a school district office and not refusing to accept the same who shall wilfully neglect or refuse to perform any duty thereof shall by such neglect or refusal vacate his office and also forfeit the sum of ten dollars. 3 The school commissioner of the commissioner district wherein any such person resides may accept his written resignation of the office, and the filing of such resignation and acceptance in the office of the district clerk shall he a bar to the recovery of either penalty under this section. 4 These penalties shall be for the benefit of the district for which such officer was appointed or elected. § 231 Resignation of district officers. A school dis- trict officer may resign to a district meeting. Such officer shall also be deemed to have resigned if he files a written resignation with the school commissioner of his district and such commissioner indorses thereon his approval and files the same with the district clerk. § 232 Vacating office. 1 A school district office becomes vacant by the death, resignation, refusal to serve, incapacity, re- moval from the district or from office. 2 The collector or treasurer vacates his office by not executing a bond to the trustees, as herein required. 3 A trustee or a member of a board of education vacates his office by the acceptance of either the office of school commissioner or supervisor. § 233 Filling vacancy in office of trustee. 1 A va- cancy in the office of trustee in any district may be filled by election within thirty days after it occurs. If not so filled the school commissioner of the commissioner district, within which the schoolhouse or principal schoolhouse of the district is situ- ated, may appoint a competent person to fill it. 2 If a vacancy in the office of trustee in a union free school district exists the Commissioner of Education may order a special election for filling such vacancy. When such special election is ordered the vacancy shall not be filled otherwise. 3 If such vacancy is supplied by a district meeting, it shall be for the balance of the unexpired term; but when such vacancy is supplied by appointment by a school commissioner it shall be only until the next annual meeting of the district. 82 THE UNIVERSITY OF THE STATE OF NEW YORK § 234 Filling vacancy in office of clerk, collector or treasurer. A vacancy in the office of clerk, collector or treasurer, may be filled by appointment by the trustees of the dis- trict, and the appointees shall hold their respective offices until the next annual meeting of the district, and until their successors are elected and have qualified. § 235 Notice of appointment to fill vacancy and filing thereof. Every appointment to fill a vacancy shall be forthwith filed, by the school commissioner or trustees making it, in the office of the district clerk, who shall immediately give notice of the appointment to the person appointed. § 236 District records, books etc., are district property. The records, books and papers belonging or apper- taining to the office of any officer of a school district are hereby declared to be the property of such district and shall be open for inspection by any qualified voter of the district at all reasonable hours, and any such voter may make copies thereof. ARTICLE 9 District Clerk; Treasurer; Collector Section 250 Duties of district clerk 251 Duties of district treasurer 252 Collector's bond 253 Collector to disburse teachers' fund 254 Clerk, treasurer and collector in union free school district 255 Payments and reports by collector 256 Liability of collector for moneys lost 257 Remedy of trustees against collector in default § 250 Duties of district clerk. It shall be the duty of the clerk of each school district: 1 To record the proceedings of all meetings of the voters of his district in a book to be provided for that purpose by the dis- trict, and to enter therein true copies of all reports made by the trustees to the school commissioner. 2 To give notice, in the manner prescribed by section 191, of the time and place of holding special district meetings called by the trustees. 3 To affix a notice in writing of the time and place of any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least five of the most public places of such district, at least five days before the time appointed for such adjourned meeting. EDUCATION LAW 88 4 To give the required notice of every annual district meeting. 5 To give notice immediately to every person elected or ap- pointed to office of his election or appointment ; and also to report to the town clerk of the town in which the schoolhouse of his district is situated, the names and post-office addresses of such officers, under a penalty of five dollars for neglect in each instance. 6 To notify the trustees of every resignation duly accepted by the school commissioner. 7 To keep and preserve all records, hooks and papers belonging to his office and to deliver the same to his successor. For a refusal or neglect so to do, he shall forfeit fifty dollars for the benefit of the schools of the district, to be recovered by the trustees. 8 To obey the order of the school commissioners as to depositing the books, papers and records of his office in the town clerk's office in case the district shall be dissolved. 9 To attend all meetings of the board of trustees when notified, and keep a record of their proceedings in a book provided for that purpose. 10 To call special meetings of the inhabitants whenever all the trustees of the district shall have vacated their office. 11 To immediately notify the county treasurer of the name and address of persons elected to the office of district treasurer, if a treasurer is elected, and of the district collector. [Suhdivision 11 j added by L. 1916, ch. SIJ^.'] § 251 Duties of district treasurer. 1 The treasurer of a school district shall be the custodian of all moneys belonging to the district from whatever source derived, and it is herebj^ made the duty of the trustees of such district to pay to such treasurer any and all moneys that may come into their hands belonging to such district derived from sales of personal or real property of the district, from insurance policies, from bonds of the district issued and sold by them, or from any other source whatever. 2 The collector of such district shall pay over to such treasurer all moneys collected by him under and by virtue of any tax list and warrant issued and delivered to him. 3 Such treasurer is hereby authorized and empowered to demand and receive from the supervisor of the town in which such school district is situated all public money apportioned to said district. 84 THE UNIVERSITY OF THE STATE OF NEW YORK 4 It shall be the duty of such treasurer within ten days after notice of his election to execute and deliver to the trustees of such district, his bond in such sum as shall have been fixed by a district meeting or as such trustees shall require, with at least two sureties to be approved by such trustees, conditioned to faith- fully discharge the duties of his office, and to well and truly account for all moneys received by him, and to pay over any sums of money remaining in his hands to his successor in office. Such bond when so executed and approved in writing by such trustees shall be filed with the district clerk. 5 'No moneys shall be paid out or disbursed by such treasurer except upon the written orders of a sole trustee, or a majority of the trustees. 6 Such treasurer shall, whenever required by such trustees report to them a detailed statement of the moneys received by him, and his disbursements,^ and at the annual meeting of such district he shall render a full account of all moneys received by him, and from what source, and when received and all disburse- ments made by him and to whom and the dates of such disburse- ments respectively, and the balance of moneys remaining in his hands. § 252 Collector's bond. 1 Within such time, not less than ten days, as the trustees shall allow him for the purpose, the collector, before receiving the first warrant for the collection of money, shall execute a bond to the trustees, with one or more sure- ties, to be approved by a majority of the trustees, in such amount as the district meeting shall have fixed, or if such meeting shall not have fixed the amount then in such amount as the trustees shall deem reasonable, conditioned for the due and faithful execu- tion of the duties of his office. 2 The trustees, upon receiving said bond, shall, if they approve thereof, indorse their approval thereon, and forthwith deliver the same to the town clerk of the town in which said collector resides, and said clerk shall file the same in his office, and enter in a book to be kept by him for that purpose, a memorandum, showing the date of said bond, the names of the parties and sureties thereto, the amount of the penalty thereof, and the date and time of filing the same, and said town clerk is authorized to receive as a fee for such filing and memorandum the sum of twenty-five cents, which sum is hereby made a charge against the school district interested in said bond. *So in original. EDUCATION LAW 86 § 253 Collector to disburse teachers' fund. 1 The trustees of a school district which has not a treasurer may direct by resolution duly entered on the minutes of their proceedings the collector of such district to disburse to teachers the money appor- tioned by the State for teachers' salaries. 2 The collector shall thereupon execute a bond to the trustees, with two or more sureties, in double the amount of the last appor- tionment, with like condition of sureties, approval of trustees, and amount and like directions as to filing as are required in the preceding section for a bond for the collection of taxes, and con- ditioned also for the due and faithful execution of the duties of his office as such disbursing agent. § 254 Clerk, treasurer and collector in union free school district. 1 In every union free school district the board of education shall have power to appoint one of their num- ber, or some other qualified voter in said district who is not a teacher employed therein as clerk of the board of education of such district. 2 Such clerk shall also act as clerk of said district, and shall perform all the clerical and other duties pertaining to his office, and for his services he shall be entitled to receive such compensa- tion as shall be fixed at an annual meeting of such district. 3 In case no provision is made at an annual meeting for the compensation of a clerk the board of education may fix the same. 4 Said board of education in every union free school district whose limits do not correspond with those of an incorporated vil- lage or city shall appoint a district treasurer, and a collector who shall hold office during the pleasure of the board. The board shall also fix the compensation of the treasurer. 5 Such treasurer and collector shall each, and within ten days after notice in writing of his appointment, duly served upon him, and before entering upon the duties of his office, execute and deliver to the said board of education a bond, with such sufficient penalty and sureties as the board may require, conditioned for the faithful discharge of the duties of his office ; and in case such bond shall not be given within the time specified, such office shall thereby become vacant, and said board shall thereupon, by ap- pointment, fill such vacancy. 6 So much of this section as relates to the election of a clerk shall not apply to the towns of Cortlandt and White Plains in Westchester county. 86 THE UNIVERSITY OF THE STATE OF NEW YORK § 255 Payments and reports by collector. 1 The collector shall keep in his possession all moneys received or col- lected by him by virtue of any warrant, or received by him from the county treasurer or board of supervisors for taxes returned as unpaid, or moneys apportioned by the State or raised by direct taxation for teachers' wages or library, and pay the same out upon the written order of a majority of the trustees. 2 When a treasurer shall have been elected in a district, the collector shall pay over the moneys collected by him by virtue of his warrant, to said treasurer as provided in section 251; and he shall report in writing, at the annual meeting, all his collections, receipts and disbursements, and shall report to the supervisor on or before the first Tuesday of March in each year the amounts of school moneys in his hands not paid out on trustees' orders, and shall pay to his successor in office, when such successor has duly qualified and given a bond as required by section 252, all moneys in his hands belonging to the district. § 256 Liability of collector for moneys lost. If by the neglect of the collector any moneys shall be lost to a school district, which might have been collected within the time limited in the warrant delivered to him for their collection, he shall for- feit to such district the amount of the moneys thus lost, and shall account for and pay over the same to the trustees of such district, in the same manner as if they had been collected. § 257 Remedy of trustees against collector in de- fault. For the recovery of all such forfeitures, and of all bal- ances, in the hands of the collector, which he shall have neglected or refused to pay to his successor, or to the treasurer of such dis- trict, the trustees, in their name of office, shall have their remedy upon the official bond of the collector, or any action and any remedy given by law ; and they shall apply all such moneys, when recovered, in the same manner as if paid without suit. ARTICLE 10 Trustees Section 270 Trustees constitute a board and body corporate 271 Property held by trustees as corporation 272 Powers and duties of a sole trustee 273 Mode of exercise of trustees' powers 274 Powers of trustees when vacancies on board exist 276 Powers and duties of trustees 276 Trustees' annual report EDUCATION LAW 87 Section 277 Annual report of trustees of certain joint districts 278 Trustees' annual report to district 279 Penalty for failure of trustee to account 280 Payment by trustee to successor 281 Trustees' right to ^ action against predecessors 282 Notice of nonpayment of moneys apportioned 283 Taxation for expenses incurred by trustees 284 Issuing order in excess of available funds a misdemeanor 285 Trustees must not be interested in district contracts » § 270 Trustees constitute a board and body cor- porate. The sole trustee or the trustees of a school district shall constitute a board for such district and such board is hereby created a body corporate. § 271 Property beld by trustees as corporation. All property which is now vested in, or shall hereafter be trans- ferred to the trustees of a district, for the use of schools in the district, shall be held by them as a corporation. § 272 Powers and duties of a sole trustee. The sole trustee of a district shall possess all the powers and be subject to all the duties, liabilities and penalties which the law imposes upon a board of three trustees. § 273 Mode of exercise of trustees' powers. 1 The powers committed by law to the trustees of a district must be ex- ercised by them as a board. The board must meet for the trans- action of business in accordance with notice of time and place. 2 In a board composed of three trustees, when only two meet to deliberate upon any matter, and the third, if notified, does not attend, or the three meet and deliberate thereon, the conclusion of two upon the matter, and their order, act or proceeding in relation thereto, shall be as valid as though it were the conclusion, order, act or proceeding of the three; and a recital of the two in their minute of the conclusion, act or proceeding, or in their order, act or proceeding of the fact of such notice, or of such meeting and deliberation, shall be conclusive evidence thereof. 3 A meeting of the board may be ordered by any member thereof, by giving not less than twenty-four hours' notice of the same. § 274 Powers of trustees wlien vacancies on board exist. 1 While there is one vacancy in the office of trustee, the two trustees shall have all the powers and be subject to all ^ So in originaL 88 THE UNIVERSITY OF THE STATE OF NEW YOEK the duties and liabilities of the three. And while there are two such vacancies, the trustee in office shall have all the powers and be subject to all the duties and liabilities of the three, as though he were a solo trustee. 2 When a vacancy shall occur in the office of trustee, the board shall immediately call a special meeting of the district to supply such vacancy. § 275 Poxrers and duties of trustees. It shall be the duty of the trustees of a school district, and they shall have power : 1 To call special meetings of the inhabitants of such districts whenever they shall deem it necessary and proper. 2 To give notice of special, annual and adjourned meetings in the manner prescribed in this chapter, if there be no clerk of the district, or he be absent or incapable of acting, or shall refuse to act. 3 To make out a tax-list of every district tax voted by a dis- trict meeting, or authorized by law, which shall contain the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, as directed in article fifteen of this chapter. 4 To purchase or lease such schoolhouse sites and other grounds to be used for playgrounds, or for agriculture, athletic center and social center purposes, and to purchase or build such schoolhouses as a district meeting may authorize; to hire tem- porarily such rooms or buildings as may be necessary for school purposes ; and to purchase such implements, supplies and appara- tus as may be necessary to provide instruction in agriculture, or to equip and maintain playgrounds, and to conduct athletic and social center activities in the district, when authorized by a vote of a district meeting. [Subdivision J/}, amended by L. 1913, ch. 221,'] 6 To have the custody and safe-keeping of the district school- houses, their sites and appurtenances. 6 To insure the school buildings, furniture and school ap- paratus in some company created by or under the laws of this State, or in an insurance company authorized by law to transact business in this State, and to comply with the conditions of the policy, and raise by a district tax the amount required to pay the premiums thereon. 7 To insure the school library in such a company in a sum fixed by a district meeting, and to raise the premium by a dis- trict tax, and comply with the conditions of the policy. EDUCATION LAW 89 8 To contract with and employ as many legally qualified teachers as the schools of the district require; to determine the rate of compensation and the term of the employment of each teacher and to determine the terms of school to be held during each school year, and to employ persons to supervise, organize, onduct and maintain athletic, playground and social center activities when they are authorized by a vote of a district meet- ing as provided by law. The regular teachers of the school may be employed at an increased compensation or otherwise, and by separate agreement, written or oral, for one or more of such [purposes. [Subdivision 8, amended hy L. 1913, ch. 221.'] 9 To establish rules for the government and discipline of the Ischools. 10 To prescribe the course of studies to be pursued in such schools. Provisions shall be made for instructing pupils in all schools supported by public money, or under state control, in physi- ology and hygiene, with special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system, and in the humane treatment and protection of animals and birds. [Subdivision 10, amended hy L. 1917 , ch. 210, in effect April 19, 1917.] 11 To pay, towards the wages of legally qualified teachers the public moneys apportioned to the district for such purpose by giv- ing them orders therefor on the supervisor, or on the collector or treasurer of such district when duly qualified to receive and dis- burse the same. 12 To collect by district tax an amount sufficient to pay any judgment or the salaries of teachers for the current school year : after deducting from the aggregate amount required for this pur- pose the amount of public money in the hands of the supervisor, collector or treasurer applicable to the payment of teachers' salaries and to pay the same by written orders on the collector or treasurer. 13 To draw upon the supervisor, the collector or treasurer, when duly qualified to receive and disburse the same, for the school moneys, by written orders signed by the sole trustee, or where there are three trustees, signed by a majority of said trus- tees as prescribed by subdivisions 1 and 2 of section 360 of this chapter. 14 To keep each of the schoolhouses under their charge, and its furniture, school apparatus and appurtenances, in necessary and proper repair, and make the same reasonably comfortable for use, 90 THE UNIVERSITY OF THE STATE OF NEW YORK but shall not expend therefor without vote of the district an amount ; to exceed fifty dollars in any one year. 15 To make any repairs and abate any nuisances, pursuant to the direction of the school commissioner as herein provided, and provide fuel, stoves or other heating apparatus, pails, brooms and other implements necessary to keep the schoolhouses and the schoolrooms clean, and make them reasonably comfortable for use when no provision has been made therefor by a vote of the district, or the sum voted by the district for said purposes shall have proved insufficient. 16 To provide for building fires and cleaning the schoolrooms, and for janitor v/ork generally in and about the schoolhouse, and pay reasonable compensation therefor. lY To provide bound blank-books for the entering of their ac- counts, the records of the district and the proceedings of district and trustee meetings, and a list of the movable property of the district and they shall deliver such books to their successors in office. 18 To expend in the purchase of a dictionary, books, repro- ductions of standard works of art, maps, globes or other school apparatus, including implements, apparatus and supplies for in- struction in agriculture, or for conducting athletic playgrounds and social center activities, a sum not exceeding twenty-five dollars in any one year, without a vote of the district. [Subdivision 18 amended by L, 1913, ch, 221, and by L. IQlJf, ch. 216.1 19 To establish temporary or branch schools in such places in the district as shall best accommodate the children, and to hire rooms or buildings therefor and to fit up and furnish such rooms or buildings in a suitable manner for conducting school therein when it is shown : a That any considerable number of the children residing in a portion of the district are so remote from the schoolhouse as to render it difficult for them to attend school in such schoolhouse in inclement weather, or; b That the school building is overcrowded and proper accom- modations are not afforded all the children of the district, or ; c That for any other sufficient reason suitable and proper school facilities are not provided by the present school accommo- dations. Any expenditure made or liability incurred in pursuance of this section shall be a charge upon the district. nut EDUCATION LAW 93 § 276 Trustees' annual report. The trustees of each iistrict shall make a full report to the Commissioner of Education ipon any particular matter relating to their schools whenever ;uch report shall be required by said Commissioner. The trustees >f each school district shall, on the first day of August in each year, make to the school commissioner a report in writing for the fear ending on July thirty-first preceding. Such report shall be in such form as the Commissioner of Education shall prescribe. In every case the trustees shall sign and certify to said report and deliver it to the clerk of the town, in which the schoolhouse of the district is situated ; and every such report shall certify : 1 The whole time school has been maintained in their district during the year ending on the day previous to the date of such Report, and stating what portion of the time such school has been taught by qualified teachers, and the whole number of days, in* eluding holidays, in which the school was taught by qualified teachers. 2 The amount of their drafts upon the supervisor, collector or treasurer for the payment of teachers' salaries during such year, and the amount of their drafts upon him for the purchase of books and school apparatus during such year, and the manner in which such moneys have been expended. 3 The number of children taught in the district school during such year by qualified teachers, and the aggregate days' attend- ance of all such children upon the school. : 4 The number of children residing in their district, over five and under eighteen years of age, who shall have been, on the thirtieth day of August last preceding the date of such report, legal residents of such district. Children supported at a county poor-house or an orphan asylum shall not be included in such enumeration. 5 The number of vaccinated and unvaccinated children of school age in their respective districts. 6 The amount of money paid for teachers' salaries, in addition to the public money paid therefor, the amount of taxes levied in said district for purchasing schoolhouse sites, for building, hir- ing, purchasing, repairing and insuring schoolhouses, for fuel, for school libraries, or for any other purpose allowed by law. 7 Such additional information in relation to the schools under their management and control as the Commissioner of Education shall require. 1 So in original. yz THE UNIVERSITY OF THE STATE OF NEW YORK § 277 Annual report of trustees of certain joint districts. Where a scliool district lies in two or more conntios, its trustees shall file their annual report in the ofiice of the clerk of the town in which the principal schoolhouse of the district is situated. § 278 Trustees' annual report to district. The trustees shall render to the district, at its annual meeting, a just, full and true account in writing, of all moneys received by them respectively for the use of the district, or raised or collected by taxes, the preceding year, and of the manner in which the same shall have been expended, and showing to which of them an un- expended balance, or any part thereof, is chargeable; and of all drafts or orders made by them upon the supervisor, collector, treasurer or other custodian of moneys of the district ; and a full statement of all appeals, actions or suits and proceedings brought by or against them, and of every special matter touching the con- dition of the district. § 279 Penalty for failure of trustee to account. By a wilful neglect or refusal to render such account, a trustee forfeits any unexpired term of his office, and becomes liable to the trustees for any district moneys in his hands. § 280 Payment by trustee to successor. An outgoing trustee shall forthwith pay, to his successor or any other trustees of the district in office, all moneys in his hands belonging to the district. § 281 Trustees' riglit of action against prede- cessor. The trustees in office shall sue for and recover any dis- trict moneys in the hands of any former trustee, or of his per- sonal representatives, and apply them to the use of the district. § 282 Notice of nonpayment of moneys appor- tioned. If any portion of the moneys apportioned to the dis- trict shall not be paid by the supervisor, the collector or treasurer, upon the due requirement of the trustees, they shall forthwith notify the treasurer of the county and the Commissioner of Educa- tion of the fact § 283 Taxation for expenses incurred by trustees. When trustees are required or authorized by law, or by a vote of their district, to incur any expenses for such district, and when any expenses incurred by them are made, by express provision of law, a charge upon such district, they may raise the amount thereof by tax in the same manner as if the definite sum to be, raised had been voted by a district meeting. )int EDUCATION LAW 93 § 284 Issuing order in excess of available funds a nisdemeanor. 1 The trustees of a school district shall not Issue an order or draft upon a supervisor, collector or treasurer 'or the payment of the salary of a teacher unless there shall be in :he hands of such supervisor, collector or treasurer at the time ufficient money belonging to the district to meet such order or iraft. 2 A violation of this section by the trustees of a district shall |oe a misdemeanor. § 285 Trustees must not be interested in district contracts, ^o trustee shall be personally interested directly or indirectly in any contract which he makes in behalf of the district. ARTICLE 11 Boards of Education Section 300 Boards of education corporate bodies 301 Board of education in district whose boundaries are not coter- minous with those of an incorporated village or city 302 Board of education in district whose boundaries are coterminous with those of an incorporated village or city 303 Provisions for separate elections in certain districts 304 Determination of election disputes 305 Election and organization of board of education in new district where union free school district containing two incorporated villages is divided 306 Annual meetings of boards of education 307 Change in number of members of board of education in union free school district whose boundaries i are coterminous with those of an incorporated village or city 308 Change in number of members of board of education in union free school district whose boundaries are not coterminous with those of an incorporated village or city 300 Power of removal of member of board of education 310 Powers and duties of boards of education 311 Night schools; kindergartens 312 Appointment of superintendent of schools 313 Regular meetings; visitation of schools 314 Limitation upon expenditures 315 Deposit, custody and payment of moneys in cities and villages 316 Moneys and accounts in union free school districts whose boundaries are not the same as the boundaries of incorporate^ cities and villages 317 Boards of education have powers of trustees of common schools and trustees of academies 1 So in original. 94 THE UNIVEESITY OP THE STATE OF NEW YORK Section 318 Academy may be adopted as academic department 319 Contracts with academies 320 Retransfer of academy to its former trustees 321 Records; reports 322 Reports to Commissioner of Education 323 Estimated expenses for ensuing year 324 Vote upon school taxes 325 Levy of tax for certain purposes without vote 326 Reference to Commissioner of Education 327 Corporate authorities must raise tax certified by board of education 328 Application of this article § 300 Boards of education corporate bodies. TLe board of education of each union free school district or city is hereby created a body corporate and it shall, at its first meeting and at each annual meeting thereafter, elect one of its members president. § 301 Board of education in district whose bound- aries are not coterminous ivitli tbose of an incor- porated village or city. 1 Whenever a union free school district shall be established pursuant to the provisions of sections 141 to 145 of this chapter and the boundaries of such district shall not be coterminous with the boundaries of an incorporated city or village, it shall be the duty of the meeting at which such union free school district is established to elect by ballot not less than three nor more than nine trustees, who shall, by the order of such meeting, be divided into three classes, the first to hold until one, the second until two, and the third until three years from the first Tuesday of August next following, except as in the next section provided. Thereafter there shall be elected in such districts, at the annual meeting, trustees to supply the places of those whose terms of office, by the classification aforesaid, expire.* 2 The trustees thus elected, shall enter at once upon their of- fices, and the office of any existing trustees in such districts, before the establishment of a union free school therein, shall cease, ex- cept for the purposes stated in section 135 of this chapter. The said trustees and their successors in office shall constitute the board of education of the union free school district thus estab- lished. [Subdivision 2 amended by L. 1910, ch, Jf.Jf2.~\ § 302. Board of education in district wbose bound- aries are coterminous ivitli those of an incorporated village or city. Whenever said board of education shall be EDUCATION LAW 96 jonstituted for any district whose limi'ts correspond with :hose of any incorporated village or city, the trustees so elected shall, by the order of such meeting, be divided into three classes : The first class to serve until one ; the second, until two ; and the third, until three years after the date of the next charter election Ln such village or city, and their regular term of service shall be computed from the several dates of such char'ter elections. There- after, there shall be annually elected in such villages and cities, at the charter elections, by separate ballot, to be indorsed " school trustee,'' in the Fame manner as the charter officers thereof, trus- tees of the said union free schools, to supply the places of those whose terms by the classification aforesaid expire. § 303 Provisions for separate elections in certain districts. 1 In union free school districts whose limits do Qot correspond with those of an incorporated village or city, and in which the number of children of school age exceeds three hundred, as shown by the last annual report of the board of edu- cation to the school commissioner, the qualified voters . of any such district may by a vote of a majority of those present and vot- ing, at any annual meeting, or at any duly called special meeting, to be ascertained by taking and recording the ayes and noes, deter- mine that the election of the members of the board of education shall be held on the Wednesday next following the day designated by law for holding the annual meeting of said district. 2 Until such determination shall be changed, such election shall be held on the Wednesday next following the day on which such annual meeting of such district shall be held between the hours of twelve o'clock noon and four o'clock in the afternoon at the principal schoolhouse in the district, or at such other suitable place as the trustees may designate. 3 When the place of holding such election is other than at the principal schoolhouse, the trustees shall give notice thereof by the publication of such notice, at least one week before the time of holding such election, in some newspaper published in the district, or by posting the same in three conspicuous places in the district. The trustees may, by resolution, extend the time of holding the election from four o'clock until sunset. 4 Such members of the board of education as may be present, shall act as inspectors of election. If a majority of such board shall not be present at the time of opening the polls, those mem- bers of the board in attendance nuay appoint any of the legal 96 THE UNIVERSITY OF THE STATE OF NEW YORK voters of the district present, to act as inspectors in place of the absent trustees; and if none of the board of education shall be present at the time of opening the polls, the legal voters present may choose three of their number to act as inspectors. 5 The clerk of the board of education shall attend at the elec- tion and record in a book, to be provided for that purpose, the name of each elector as he deposits his ballot. If the clerk of the board of education shall be absent, or shall be unable or refuse to act, the board of education or inspectors of election shall appoint some person who is a legal voter in the district to act in his place. Any clerk or acting clerk who shall neglect or refuse to record the name of a person whose ballot is received by the inspectors, shall be liable to a fine of twenty-five dollars, to be sued for by the supervisor of the town. 6 The board of education shall, at the expense of the district, provide a suitable box in which the ballots shall be deposited as they are received. Such ballots shall contain the names of the persons voted for, and shall designate the ofiice for which each of said names is voted. The ballots may be either written or printed,' or partly written and partly printed. The inspectors immediately after the close of the polls shall proceed to canvass the votes. They shall first count the ballots to determine if they tally with the number of names recorded by the clerk, and if they exceed that number, enough ballots shall be withdrawn to make them corre- spond. Such inspectors shall count the votes and announce the result. The persons having a plurality^ of the votes respectively for the several offices shall be elected, and the clerk shall record the result of such ballot and election as announced by the inspectors. [Subdivision 6 amended hy L. 1910, ch. JfJf-2.'] 7 Whenever the time for holding such election, as aforesaid, shall pass without such election being held in any such district, a special election shall be called by the board of education, but if no such election be called by said board within twenty days after such time shall have passed, the school commissioner or the Commissioner of Education may order any inhabitant of said dis- trict to give notice of such election in the manner prescribed byj section 193 ; and the officers elected at such special election shall hold their respective offices only until the next annual election, and until their successors are elected and shall have qualified, as in this chapter provided. 1 The former law provided for a majority vote to elect. The amendment does not aflfect union free school districts which do not hold elections of school officers on the Wednesday following the annual meeting. I ifiDUCATION LAW 97 ^ 8 The foregoing provisions shall not apply to union free school districts in cities, nor to union free school districts whose bound- aries correspond with those of an incorporated village, nor to any school district organized under a special act of the Legislature, in which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in union free school districts, organized under the general law, nor to any of the union free school districts in the counties of Suf- folk, Chenango, Warren and Saint Lawrence. [Subdivision 8 amended by L. 1917, ch. 210, in effect April 21, 1911.'] § 304 Determination of election disputes. All dis- putes concerning the validity of any district election or of any of the acts of the officers of such election shall be referred to the Com- missioner of Education for determination and his decision in the matter shall be final and not subject to review. The Commissioner may in his discretion order a new election. § 305 Election and organization of board of edu- cation in new district ivhere union free school dis- trict containing tjxro incorporated villages is divided. 1 Within ten days after the school commissioner shall have desig- nated any separate school district organized under the provisions of sections 130 and 131 of this chapter, he shall call a special meeting of the qualified voters of such school district at a time and place to be named by him to elect a board of education to consist of six members, two of whom shall be elected for one year, two for two years and two for three years from the date of the annual school meeting next succeeding such special meeting. The call for such special meeting shall be published in the manner provided in section 130 for calling a special meeting to determine as to whether the school district shall be divided. 2 The school commissioner shall call such special meeting to order and the voters present shall elect a chairman and secretary for such meeting and appoint three tellers to canvass the votes 3- cast. After the votes shall have been canvassed the chairman and secretary shall forthwith certify the result of such canvass to the said school commissioner, who shall within five days thereafter convene the members of the board of education, shown by said certificate to have been elected, for the purpose of organization, and said certificate of the result of such canvass shall thereupon become a part of the record of said school district. 4 I 98 THE UNIVERSITY OF THE STATE OF NEW YORK § 306 Annual meetings of boards of education. 1 The annual meeting of the board of education of every union free school district whose limits do not correspond with those of an incorporated village or city shall be held on the first Tuesday in August of each year, except in districts in which the annual meet- ing is held on the first Tuesday in August, in which case the annual meeting of the board of education of such district shall be held on the second Tuesday in August. 2 The annual meeting of the board of education of every union free school district whose limits correspond with those of an incorporated village or city shall be held on the Tuesday next after the election of the members of such board at the annual charter election of the village or city. [Amended hy L. 1911, ch. 8S0 and L. 1915, ch. 232.'] § 307 Change in number of members of board of education in union free school district ^ivbose bound- aries are coterminous ivith those of an incorporated village or city. The number of members of the board (^i education of a union free school district whose limits correspona with those of an incorporated village or city, may be increased to not more than nine or decreased to not less than three in the fol- lowing manner: 1 The board of education of such union free school district, shall, upon the application of at least fifteen resident taxpayers of such district, submit to a special meeting, held at least thirty days prior to the annual charter election, in such village or city, a proposition for the increase or decrease of the number of mem- bers of the board of education to a number specified in the proposition. 2 Such special meeting shall be called and held in the mannei prescribed by subdivision 2 of section 193 of this chapter. 3 If such proposition is adopted and it is determined thereby to increase the number of members of the board of education o: such district, there shall be elected at the next ensuing annua village or city election, a sufficient number of members of the board of education so that the total number of members of the board will be the number specified in such proposition. Sue! additional members shall be elected for such terms so that ai nearly as possible the terms of one-third of the members of sucl board will expire annually. Successors to such additional mem' bers shall be elected in like manner. EDUCATION LAW 99 4 If such proposition is adopted and it is determined thereby to decrease the number of the board of education in such district, no members of the board of education of such district shall there- after be elected until by expiration of term the number of mem- bers of the board of education will be less than the number speci- fied in such proposition; and thereafter the number of members of the board of education of such district shall be the number specified in such proposition. Kot more than one proposition under this section shall be submitted in any calendar year. § 308 Change in number of members of board of education in union free scbool district whose bound- aries are not coterminous ivith those of an incor- l,jporated village or city. 1 The number of members of the I board of education of a union free school district whose limits 5' ! do not correspond with those of an incorporated village or city may be increased or decreased at an annual meeting by a ma- jority vote of the qualified voters present and voting to be ascer- tained by taking and recording the ayes and noes. The number of such board shall not be increased to more than nine nor decreased to less than three. 2 No vote shall be taken upon the proposition to increase or de- crease the number of members of such board of education unless let,! the notice of the annual meeting shall contain a statement to the er3i effect that the voters of such district will vote upon such proposi- rty^ tion. The board of education of any such district shall, upon the ty,, application of at least fifteen voters of such district, include in the ini'i notice of the annual meeting a statement that the proposition to thej increase or decrease such board will be presented to the annual meeting for determination. If the board refuses or fails to give such notice the notice may be given in such manner as the Commis- sioner of Education may direct. 3 If any such board shall consist of less than nine members and such meeting shall determine to increase the number, such meeting shall elect the additional number so determined upon and shall divide such number into three classes, the first to hold office one the year, the second two years and the third three years. 4 If such meeting shall determine to diminish the number of members composing such board, no election shall be held in such district to fill the vacancies of the outgoing members until the number of such members shall correspond to the number which such meeting shall determine to compose such board. II 100 THE UNIVERSITY OF THE STATE OF NEW YORK § 309 Po'virer of removal of member of board of education. For cause shown, and after giving notice of the charge and opportunity of defense, the Commissioner of Educa- tion may remove any member of a board of education. Wilful disobedience of any lawful requirement of the commissioner of education, or a want of due diligence in obeying such requirement or wilful violation or neglect of duty is cause for removal. § 310 Powers and duties of boards of education. The said board of education of every union free school district shall have power, and it shall be their duty: 1 To adopt such by-laws and rules for its government as shall seem proper in the discharge of the duties required under the provisions of this chapter. 2 To establish such rules and regulations concerning the order and discipline of the schools, in the several departments thereof, as they may deem necessary to secure the best educational results. 3 To prescribe the course of study by which the pupils of the schools shall be graded and classified, and to regulate the admis- sion of pupils and their transfer from one class or department to another, as their scholarship shall warrant. 4 To prescribe the textbooks to be used in the schools, and to compel a uniformity in the use of the same, pursuant to the pro- visions of this chapter, and to furnish the same to pupils out of any moneys provided for that purpose. 5 To make provision for the instruction of pupils in physi- ology and hygiene with special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system, and in the humane treatment and protection of animals and birds. [Subdivision 5 amended by L. 1917, ch. 210, in effect April 19, 1917.'] 6 To purchase sites, or additions thereto, for recreation grounds for agricultural purposes, and for schoolhouses for the disti-ict, when designated by a meeting of the district ; and to con- struct such schoolhouses and additions thereto as may be so designated; to purchase furniture and apparatus for such school- houses, and to keep the furniture and apparatus therein in repair ; and, when authorized by such meeting, to purchase implements, supplies, and apparatus for agricultural, athletic, playground, and social center purposes. [Subdivision 6 amended by L, 1913, ch. 221.] educaticSn n'Jiw, : : ^ ' ". 103 7 To hire rooms in which to maintain and conduct schools when the rooms in the schoolhouses are overcrowded, or when such schoolhouses are destroyed, injured or damaged by the ele- ments, and to fit up and furnish such rooms in a suitable mannei for conducting schools therein. 8 To insure the schoolhouses and their furniture, apparatus I and appurtenances, and the school library, in some company cre- ated by or under the laws of this State, or in some insurance com- pany authorized by law to transact business in this State, and to comply with the conditions of the policy, and raise the sums paid for premiums by district tax. 9 To take charge and possession of the schoolhouses, sites, lots, furniture, books, apparatus, and all school property within their respective districts ; and the title of the same shall be vested respectively in said board of education. 10 To sell, when authorized by a vote of the qualified voters of the school district, any former school site or lot, or any real estate the title to which is vested in the board, and the buildings thereon, and appurtenances or any part thereof, at such price and upon such terms as said voters shall prescribe, and to convey the same by deed to be executed by the board or a majority of the members thereof. Also to exchange real estate belonging to the district for the purpose of improving or changing schoolhouse sites. 11 To take and hold for the use of the said schools or of any department of the same, any real estate transferred to it by gift, grant, bequest or devise, or any gift, legacy or annuity, of whatever kind, given or bequeathed to the said board, and apply the same, or the interest or proceeds thereof, according to the in- structions of the donor or testator. 12 To have in all respects the superintendence, management and control of said union free schools, and to establish therein, in conformity with the Regents rules, an academic department, whenever in their judgment the same is warranted by the de- mand for such instruction ; to receive into said union free schools any pupils residing out of said district, and to regulate and estab- lish the tuition fees of such nonresident pupils in the several de- partments of said schools. 13 To provide fuel, furniture, apparatus and other necessaries for the use of said schools. 14 To appoint such librarians as they may from time to time deem necessary. 102 ^HE I rm VEH3ITY 07 TME STATE OF NEW YORK 15 To contract with and employ such persons as by the pro- visions of this chapter are qualified teachers, to determine the number of teachers to be employed in the several departments of instruction in said school, and at the time of such employment, to make and deliver to each teacher a written contract as required by section 561 of this chapter; and employ such persons as may be necessary to supervise, organize, conduct and maintain athletic, playground and social center activities, or for any one or more of such purposes. The regular teachers of the school may be employed at an increased compensation or otherwise, and by separate agreement, written or oral, for one or more of such pur- poses. {Subdivision 15 amended by L. WIS, ch. 221.] 16 To fill any vacancy which may occur in said board by reason of the death, resignation, removal from office or from the school district, or refusal to serve, of any member or officer of said board ; and the person so appointed in the place of any such mem- ber of the board shall hold his office until the next annual election of trustees. 17 To remove any member of their board for official miscon- duct. But a written copy of all charges made of such miscon- duct shall be served upon him at least ten days before the time appointed for a hearing of the same; and he shall be allowed a full and fair opportunity to refute such charges before removal. 18 To provide and maintain suitable and convenient water- closets as provided in section 457 of this chapter. 19 To borrow money in anticipation of taxes remaining uncol- lected which have been levied by such district for the current fiscal year, and not in excess thereof, whenever in the discretion of the board of education it shall be necessary to do so for the purpose of paying the current expenses of the district for such current fiscal year, by issuing certificates of indebtedness, in the name of the board of education, signed by the president and clerk thereof, which certificates must be payable within such current fiscal year or within nine months thereafter, and shall bear interest at a rate not exceeding six per centum per annum 20 To raise by tax upon the property of the district any mon- eys required to pay the salary of teachers employed after apply- ing thereto the school moneys apportioned to the district by the State. 21 To provide for the medical inspection of all children in attendance upon schools under their supervision whenever in their judgment such inspection shall be necessary and to pay any! EDUCATION LAW 103 expense incurred therefor out of funds authorized by the voters of the district or city or which may properly be set aside for such purpose by the common council or the board of estimate and ap- portionment of a city. Provided, however, that no such funds shall be appropriated or authorized by the voters of a union free school district situate wholly within a city of the third class, un- less the board of education shall incorporate in the notice of the annual meeting or election a statement to the effect that at such meeting or election a proposition to appropriate such funds will be voted upon, specifying the amount. [Subdivision 21 added hy L. 1910, ch. 602, and amended by L. 1912, ch. 215.] § 311 Kindergartens; night schools. The board of education of each school district and of each city may maintain kindergartens which shall be free to resident children between the ages of four and six years. Night schools wherein the common branches and such addi- tional subjects as may be adapted to students applying for instruc- tion are taught on three nights each week, for two hours each night, shall be maintained by the board of education: 1 In each city of the first class throughout the duration of the day school term. 2 In each city of the second class on at least one hundred nights. 3 In each city of the third class on at least eighty nights. 4 In each city not subject to the foregoing provisions and in each school district where twenty or more minors between the ages of sixteen and twenty-one years are required to attend school, or where twenty or more persons over the age of sixteen years make applications for instruction in a night school, for at least seventy-five nights. All night schools shall be free to all persons residing in the districts or city. [Amended by L. 1918, ch. Jii09, in ejfect September 1, 1918.] § 312 Appointment of superintendent of schools. 1 In any union free school district having a population of four thousand five hundred or more, which fact shall be deter- mined by the commissioner of education, as provided in section four hundred and ninety-two of this chapter, the board of educa- tion may appoint a superintendent of schools. [Subdivision 1 amended by L. 1920, ch. IJ^l, in ejfect July 1, 1920.] 2 Such superintendent shall be under the direction of the board of education, which shall prescribe his powers and duties. He shall be paid a salary from the teachers' fund, to be fixed by the 104 THE UNIVERSITY OF THE STATE OF NEW YORK board of education, and he may be removed from office by a vote of the majority of all the members of such board. Whenever such superintendent shall be appointed, the said union free school dis- trict shall be entitled to the benefits of the provisions of section four hundred tnd^ ninety-two of this chapter. § 313 Regular meetings; visitation of schools. 1 It shall be the duty of each board of education elected pursuant to the provisions of this article to have a regular meeting at least once in each quarter. 2 Each board shall appoint one or more committees, to visit every school or department under its supervision and such com- mittee shall visit such schools at least twice in each quarter, and report at the next regular meeting of the board on the condition thereof. 3 The meetings of all such boards shall be open to the public, but said boards may hold executive sessions, at which sessions only the members of such boards or the persons invited shall be present. § 314 Iiimitation upon expenditures. 'No board of education shall incur a district liability in excess of the amount appropriated by a district meeting unless such board is specially authorized by law to incur such liability. § 315 Deposit, custody and payment of moneys in cities and villages. 1 AH moneys raised for the support of schools in any city or in any union free school district whose boundaries are coterminous with the boundaries of an incorpo- rated village or apportioned to the same by the Education Depart- ment or otherwise, shall be paid into the treasury of such city or village to the credit of the board of education therein; and the funds so received into such treasury shall be kept separate and distinct from any other funds received into the said treasury. And the officer having the charge thereof shall give such additional security for the safe custody thereof as the corporate authorities of such city or village shall require. 2 No money shall be drawn from such funds, credited to the several boards of education, unless in pursuance of a resolution of said board, and on drafts drawn by the president and counter signed by the secretary or clerk, payable to the order of the per- sons entitled to receive such money, and stating on their face the purpose or service for which such moneys have been authorized to be paid by the said board of education. * So in original. EDUCATION LAW 105 § 316 Moneys and accounts in union free school districts ixrhose boundaries are not the same as the boundaries of incorporated cities and villages. 1 All moneys raised in a union free school district whose limits do not correspond with those of a city or an incorporated village, or apportioned thereto by the Education Department or otherwise, shall be paid to the treasurer of the district entitled to receive the same, and be applied to the uses of the district and the board shall annually render their accounts of all moneys rect^ived and expended by them for the use of said schools. 2 'No money shall be drawn from such funds in possession of such treasurer, unless in pursuance of a resolution of said board, and on drafts drawn by the president and countersigned by the clerk payable to the order of the persons entitled to reecive* such money, and stating on their face the purpose or service for which said moneys have been authorized to be paid by the said board of education. § 317 Boards of education have powers of trus- tees of common schools and trustees of academies. The board of education shall possess all the powers and privi- leges, and be subject to all the duties in respect to the common schools, or the common school departments in any union free school in said districts, which the trustees of common schools possess or are subject to under this chapter, not specially provided for in this article, and not inconsistent with the provisions of this article; and to enjoy, whenever an academic department shall be by them established, all the immunities and privileges now en- ' joyed by the trustees of academies in this State. § 318 Academy may be adopted as academic de- partment. Whenever a union free school shall be established under the provisions of article 5, and there shall exist within its district an academy, the board of education, when authorized by a vote of the votors of the district, may adopt such academy as the academic department of the district, with the consent of the trustees of the academy, and thereupon the trustees by a resolu- tion to be attested by the signatures of the officers of the board and filed in the office of the clerk of the county, shall declare their offices vacant, and thereafter the said academy shall be the aca- demic department of such union free school. The board of edu- cation when thereto authorized by a vote of the qualified voters 1 So in original. 106 THfi UNIVERSITY OF THE STATE OF NEW YORK of the district may lease said academy and site, and maintain tte academic department of such union free school therein and thereon. § 319 Contracts with academies. The board of edu- cation of a union free school district, with the approval of the Commissioner of Education, may adopt an academy as the acad- emic department thereof, and contract for the instruction therein of pupils of academic grade, residing in the district. The academy thereupon becomes the academic department of such union free school, and the district is entitled to the same rights and privi- leges, is subject to the same duties, and the apportionment and distribution of state school money shall be made to it, as if an academic department had been established in such school. § 320 Retransf er of academy to its former trus- tees. If there shall be, in a dissolved union free school district, an academy which shall have been adopted as the academic de- partment of the union free school, under the provisions of title 9, chapter 555 of the Laws of 1864, and any amendment thereof, | or title 8 of chapter 556 of the Laws of 1894, and any amend- ment thereof, or under this chapter, it shall, upon the application of a majority of the surviving resident former trustees or stock-* holders, be transferred by the board of education to said former trustees or stockholders. § 321 Records; reports. It shall be the duty of the board of education to keep an accurate record of all its pro- ceedings in books provided for that purpose. It shall also be the duty of said board to cause to be published once in each year, during the month of July, in at least one public newspaper, printed in such district, a full and detailed account of all moneys received by the board or the treasurer of said district, for its account and use, and of all the moneys expended therefor, giving the items of expenditure in full; should there be no paper pub- lished in said district said board shall publish such account by notice to the taxpayers, by posting copies thereof in five public places in said district. [Amended hy L. 1919, ch, 71, in effect March 20, 1919,'] § 322 Reports to Commissioner of Education. 1 The board of education of each district and of each city shall make such detailed report and in such form upon any matter relating to the schools under their management and control as the Commissioner of Education shall from time to time require. EDUCATION LAW 107 2 Sucli board of education shall also make an annual report giving the information relating to their schools required of trustees under section 276 of this chapter. Such report shall also con- tain such information as the Commissioner of Education shall require and shall be in the form prescribed by him. Such report shall be made on the first day of August of each year and, in the case of a board of education of a union free school district, shall be delivered to the town clerk of the town in which the school- house of such district is located. § 323 Estimated expenses for ensuing year. It shall be the duty of the board of education of each district to present at the annual meeting a detailed statement in writing of the amount of money which will be required for the ensuing year for school purposes, exclusive of the public moneys, specifying the several purposes and the amount for each. This section shall not be construed to prevent the board from presenting such state- ment at a special meeting called for the purpose, nor from pre- senting a supplementary and amended statement or estimate at any time. § 324 Vote upon school taxes. After the presentation of such statement or estimate, the question shall be taken upon voting the necessary taxes to meet the estimated expendi- tures, and when demanded by any voter present, the question shall be taken upon each item separately, and the inhabitants may in- crease the amount of any estimated expenditures or reduce the same, except for teachers' wages, and the ordinary contingent ex- penses of the schools. § 325 Levy of tax for certain purposes without vote. If the inhabitants shall neglect or refuse to vote the sum estimated necessary for teachers' wages, after applying thereto the public school moneys, and other moneys received or to be re- ceived for that purpose, or if they shall neglect or refuse to vote the sum estimated necessary for ordinary contingent expenses, the board of education may levy a tax for the same, in like manner as if the same had been voted by the inhabitants. § 326 Reference to Commissioner of Education. If any question shall arise as to what are ordinary contingent ex- penses the same may be referred to the Commissioner of Edu- cation, by a statement in writing, signed by one or more of each of the opposing parties upon the question, and the decision of the Commissioner shall be conclusive. 108 THE UNIVERSITY OF THE STATE OF NEW YORK § 327 Corporate antliorities must raise tax cer- tified by board of education. 1 The corporate authori- ties of any incorporated village or city in which any such union free school shall be established, shall have power, and it shall be their duty, to raise, from time to time, by tax, to be levied upon all the real and personal property in said city or village, as by law provided for the defraying of the expenses of its municipal government, such sum as the board of education established therein shall declare necessary for teachers' salaries and the ordi- nary contingent expenses of supporting the schools of said district. 2 The sums so declared necessary shall be set forth in a de- tailed statement in writing, addressed to the corporate authorities by the board of education, giving the various purposes of antici- pated expenditure, and the amount necessary for each; and the said corporate authorities shall have no power to withhold the sums so declared to be necessary; and such corporate authorities as aforesaid shall have power, and it shall be their duty to raise, from time to time, by tax as aforesaid, any such further sum to be set forth in a detailed statement in writing, addressed to the corporate authorities by the board of education, giving the various purposes of the proposed expenditure, and the amount necessary for each which may have been or which may hereafter be au- thorized by a majority of the voters of such union free school district present and voting at any special district meeting duly convened for any of the purposes stated in section 467 of this chapter. § 328 Application of this article. The provisions of this article shall apply to all union free schools heretofore or- ganized pursuant to the provisions of chapter 433 of the Laws of; 1853, and the amendments thereof, chapter 555 of the Laws of 1864, and the amendments thereof, and of chapter 556 of the Laws of 1894, and the amendments thereof; and sections 327, 460, 467 and 480 of this chapter are made applicable to all school' districts established by and organized under special statutes,. except those of cities; and sections 310, subdivision 19, 312 and 458 of this chapter are made applicable to all school districts having a population of five thousand and upwards established by and organized under special statutes. EDUCATION LAW 109 ARTICLE 12 ToTvn Clerks ?ection 340 Duties of town clerks 341 Expenses of town clerks § 340 Duties of town clerks. It shall be the duty of ;he town clerk of each town: 1 To keep all books, maps, papers, and records of his office ouching common schools, and forthwith to report to the school commissioner any loss or injury to the same. 2 To receive from the supervisors the certificates of apportion- nent of school moneys to the town, and to record them in a book be kept for that purpose. 3 To notify forthwith the trustees of the several school dis- xicts of the filing of each such certificate. 4 To see that the trustees of the school districts make and de- )osit with him their annual reports within the time prescribed by aw, and to deliver them to the school commissioner on demand. 5 To furnish the school commissioner of the school commis- ioner district in which his town is situated the names and post- >ffice addresses of the school district officers reported to him by he district clerks. 6 To distribute to the trustees of the school districts all books, )lanks and circulars which shall be delivered or forwarded to him )y the Commissioner of Education or school commissioner for that )urpose. Y To receive from the supervisor, and record in a book kept or that purpose, the annual account of the receipts and disburse- nents of school moneys required to be submitted to the town luditors, together with the action of the town auditors thereon, md to send a copy of the account and of the action thereon, by aail, to the Commissioner of Education whenever required by him, md to file and preserve the vouchers accompanying the account. 8 To receive and to record, in the same book, the supervisor's inal account of the school moneys received and disbursed by him, ind deliver a copy thereof to such supervisor's successor in office. 9 To receive from the outgoing supervisor, and file and record n the same book, the county treasurer's certificate, that his suc- Jeesor's bond has been given and approved. I 110 THE UNIVERSITY OF THE STATE OF NEW YOEK 10 To receive, file and record the descriptions of tlie school districts, and all papers and proceedings delivered to him by the school commissioner pursuant to the provisions of this chapter. 11 To act, when thereto legally required, in the erection or alteration of a school district, as in article 5 of this chapter provided. 12 To receive and preserve the books, papers and records of any dissolved school district, which shall be ordered, as herein- after provided, to be deposited in his office. 13 To perform any other duty which may be devolved upon him by this chapter, or by any other act touching common schools. [Renumbered § 36 Ji- by L. 1917, ch. 328; renumbered § 31^0 by L. 1918, ch. 199.] § 341 Expenses of tcwn clerks. The necessary expenses and disbursements of the town clerk in the performance of his said duties, are a town charge, and shall be audited and paid as such. [Renumbered § 365 by L. 1917, ch. 328; renumbered § 3U by L. 1918, ch. 199.] ARTICLE 13 Supervisors SectioD 360 Duties of supervisors 361 Sale of gospel or school lots on division of town 362 Payment of proceeds of sale of gospel or school loti 363 Supervisor's bond for school moneys 364 Refusal of supervisor to give bond 365 Report by supervisors to district superintendents § 360. Duties of supervisors. It is the duty of every supervisor : 1 To disburse the school moneys in his hands applicable to! the payment of teachers' wages, upon and only upon the written, orders of a sole trustee or a majority of the trustees, in favor qualified teachers. But whenever the collector in any school dii trict shall have given bonds for the due and faithful perforraanc of the duties of his office as disbursing agent, as required by tion 263 or whenever any school district shall elect a treasurer as provided in this chapter, the said supervisor shall, upon the receipt by him of a copy of the bond executed by said collector or treasurer as herein required, certified by the trustees, pay oyer to such collector or treasurer, all moneys in his hands applicable to the payment of teachers' wages in such district, and the said collector or treasurer shall disburse such moneys so received by EDUCATION LAW 111 him upon such orders as are specified herein to the teachers entitled to the same. 2 To pay over all the school money apportioned to a union free school district, to the treasurer of such district, upon the order of its board of education. 3 To keep a just and true account of all the school moneys received and disbursed by him during each year, and to lay the same, with proper vouchers, before the town board or board of town auditors at each annual meeting thereof. 4 To provide a bound blank book, the cost of which shall be a town charge, and to enter therein all his receipts and disburse- ments of school moneys, specifying from whom and for what pur- poses they were received, and to whom and for what purposes they were paid out; and to deliver the book to his successor in office. 5 To make out a just and true account of all school moneys received by him and of all disbursements thereof, within fifteen days after the termination of his office and to deliver the same to the town clerk to be filed and recorded, and to notify his successor in office that such account has been made and filed. 6 To deliver to his predecessor the county treasurer's certifi- cate showing that he has given to such treasurer the bond required by section 363 of this chapter and that such bond has been ap- proved by such treasurer, and to procure from the town clerk a copy of his predecessor's account, and to demand and receive from him all school moneys remaining in his hands. 7 To pay to his successor upon receipt of such certificate all school moneys remaining in his hands, and to forthwith file the certificate in the town clerk's office. 8 To sue for and recover, in his naone of office, when the duty is not elsewhere imposed by law, all penalties and forfeitures im- posed by this chapter, and for any default or omission of any town officer or school district board or officer under this chapter; and after deducting his costs and expenses to report the balances to the school commissioner. 9 To act, when legally required, in the erection or alteration of a school district, as provided in article 5 of this chapter, and to perform any other duty which may be devolved upon him by this chapter, or any other act relating to common schools. 10 To "take and hold possession of the gospel and school lota of their respective towns. I 112 THE UNIVERSITY OF THE STATE OF NEW YORK 11 To lease the same for such time and not exceeding twenty- one years, and upon such conditions as they shall deem expedient. 12 To sell the same with the advice and consent of the in- habitants of the town, in town-meeting assembled, for such price and upon such terms of credit as shall appear to them most ad- vantageous. 13 To invest the proceeds of such sales in loans, secured by bond and mortgage upon unincumbered real property of the value of double the amount loaned. 14 To purchase the property so mortgaged upon a foreclosure, and to hold and convey the property so purchased whenever it shall become necessary. 15 To reloan the amount of such loans repaid to them, upon the like security. 16 To apply the rents and profits of such lots, and the inter- est of the money arising from the sale thereof, to the support of schools, as may be provided by law, in such manner as shall be thus provided. 17 To render a just and true account of the proceeds of the sales and the interest on the loans thereof, and of the rents and profits of such gospel and school lots, and of the expenditure and appropriation thereof, on the last Tuesday next preceding the annual town-meeting in each year, to the town board. 18 To deliver over to his successor in office, all boxes, papers and securities relating to the same, at the expiration of their respective offices. 19 To take therefor a receipt, which shall be filed in the clerk's office of the town ; and, 20 To commence and prosecute in and by the name and style of the supervisor of the town any suits against any of his prede- cessors in office or against any other person to recover any debt, dues or demands, in anywise arising from such public lot ; and no such suit shall abate by the death, resignation or removal from office of the said supervisor but the same shall and may be prose- cuted to judgment and execution by his successor in office. [Benumh&red § 370 hy L, 1917, ch, S28; renumbered § 360 hy L. 1918, ch, 199.] § 361 Sale of gospel oj school lots on division of tovm. Whenever a town having lands assigned to it for the support of the gospel or of schools, shall be divided into two or more towns, or shall be altered in its limits by the annexing of a part of its territory to other towns, such lands shall be sold by EDUCATION LAW 113 pe supervisor of the town, in which such lands were included m mediately before such division or alteration; and the proceeds ihereof shall be apportioned between the towns interested therein, in the same manner as the other public moneys of towns, so divided or altered, arc apportioned. [Renumbered § 371 by L. 1917, ch. 328; renumbered § 361 by L. 1918, eh. 199.] § 362 Payment of proceeds of sale of gospel or school lots. The shares of such moneys, to which the towns shall be respectively entitled, shall be paid to the supervisors of the respective towns, and shall thereafter be subject to the pro- visions of this article. [Renumbered § 372 by L. 1917, ch. 328; renumbered § 362 by L. 1918, ch. 199.] § 363 Supervisor's bond for school moneys. 1 Immediately on receiving the school commissioner's certificates of apportionment the county treasurer shall require of each super- visor, and each supervisor shall give to the treasurer, in behalf of the town, his bond, with two or more sufficient sureties, approved by the treasurer, in the penalty of at least double the amount of the school moneys set apart or apportioned to the town, and of any such moneys unaccounted for by his predecessors, conditioned for the faithful disbursement, safe-keeping and accounting for such moneys, and of all other school moneys that may come into his hands from any other source. 2 If the condition shall be broken the county treasurer shall sue the bond in his own name, in behalf of the town, and the money recovered shall be paid over to the successor of the super- visor in default, such successor having first giving ^ security as aforesaid. 3 Whenever the office of a supervisor shall become vacant, the county treasurer shall require the person elected or appointed to fill such vacancy to execute a bond, with two or more sureties, to be approved by the treasurer, in the penalty of at least double the sum of the school moneys remaining in the hands of the old super- visor, when the office became vacant, conditioned for the faithful disbursement and safe-keeping of and accounting for such moneys. But the execution of this bond shall not relieve the supervisor from the duty of executing the bond first above mentioned. [Renumbered § 373 by L. 1917, ch. 328; renumbered § 363 hy L. 1918, ch. 199.1 § 364 Refusal of supervisor to give bond. The refusal of a supervisor to give such security shall be a misdemeanor, * So in original. 114: THE UNIVERSITY OF THE STATE OF NEW TOElt and any fine imposed on his conviction thereof shall be for the benefit of the common schools of the town. Upon such refusal, the moneys so set apart and apportioned to the town shall be paid to and disbursed by some other officer or person to be designated by the county judge, under such regulations and with such safeguards as he may prescribe, and the reasonable compensation of such offi- cer or person, to be adjusted by the board of supervisors, shall be a town charge. [Renumbered § 37 J^ by L. 1917, ch. 328; renum- bered § 36J^ by L. 1918, ch. 199.] § 365 Report by supervisors to district superin- tendents. On the first Tuesday of February in each year, each supervisor shall make a return in writing to the district superintendent of schools of the supervisory district in which the town is situated, showing the amounts of school moneys in his hands not paid on the orders of trustees for teachers' salaries, and the districts to which they stand accredited, and if such moneys remain in his hands, he shall report that fact ; and thereafter he shall not pay out any of said moneys until he shall have received the certificate of the next apportionment; and the moneys so returned by him shall be reapportioned as directed in article 18 of this chapter. [Amended by L. 1913, ch. 130; renumbered § 375 by L. 1917, ch. 328; renumbered % 365 by L. 1918, ch. 199.'] FEES OF SUPERVISOR Town Law {L. 1909, ch. 63) § 85 Compensation of town officers. 3 The supervisor of each town shall be allowed and paid, in the same manner as other town charges are allowed and paid, a fee of one per centum on all moneys paid out by him as such supervisor, including school moneys disbursed by him as pro- vided in the Education Law, moneys paid out by him for damages arising from dogs killing or injuring sheep as provided in article 7 of the county law, moneys in his hands paid out by him for the relief of the poor, and all other town moneys paid out by him for defraying town charges, except moneys expended under article 6 of the highway law. But no such fee shall be allowed or paid upon moneys paid over by him to his successor in office. Such fees sliall be in full compensation for all services rendered by him in respect to moneys received and paid out by him as such supervisor as provided by law except the compensation provided in section 110 of the highway law. [As amended by L, 1909, ch. 491.'] EDUCATION LAW 115 ARTICLE 14 JEntire article amended by L. 1910, ch. 607) District Superintendent of Schools; His Election, Poivers and Duties Section 380 OflSce of district superintendent of schools created 381 Supervisory districts 382 School directors 383 Election of district superintendent 384 Qualifications of district superintendents 385 District superintendent must take oath of office 386 Term of office of district superintendent 387 Vacancies in the office of district superinlendont 388 Filling vacancies in the office of district superintendent 380 Salary of district superintendent 390 Expense of district superintendents 391 Salary of district superintendent may be withhold 392 Removal of district superintendent from office 393 District superintendent not to be interested in certain busioesa or to accept rewards, et cetera 394 District superintendent not to engage in other business 395 General powers and duties of district superintendent 396 District superintendent subject to the rules of Commissioner of Education 397 Other duties of a district superintendent 398 Appeals from acts of district superintendent, et cetera § 380 Office of district superintendent of schools created. The office of district snperinteTident of schools is hereby created to begin on the first day of January, nineteen hundred and twelve. [Amended hy L. 1910, ch. 607.] § 381 Supervisory districts. 1 The territory em- braced in the school commissioner districts of the State outside of cities and of school districts of five thousand population or more, v^hich employ a superintendent of schools, shall be organ- ized and divided into supervisory districts. In the formation or division of such territory into such districts no town shall be divided. The territory of such districts must be contiguous and compact and towns shall be arranged in districts so that there shall be as equal a division of the territory and number of school districts as may be practicable. 2 In a county entitled, to two or more supervisory districts the school commissioner of each school commissioner district in such county and the supervisor of each town in such county shall meet 116 THE UNIVERSITY OF THE STATE OF NEW YORK at the county seat of such county on the third Tuesday in April^ nineteen hundred and eleven, at ten o'clock in the forenoon and divide such county into the number of supervisory districts to which it is entitled. 3 The county clerk of such county shall give ten days' notice, in writing, of such meeting, to each of such school commissioners and supervisors. The county clerk shall also call such meeting to order at the proper hour and the school commissioners and supervisors present shall elect from their number a chairman and a clerk. 4 A copy of the proceedings of such meeting showing the su- pervisory districts formed and naming the towns composing each of such districts, certified by the chairman and clerk, shall be deposited by the clerk of such meeting in the office of the clerk of the county immediately after the close of the meeting. The county clerk on receipt of the same shall forward a certified copy thereof to the Commissioner of Education. 5 The number of supervisory districts into which each county shall be organized or divided is as follows: a Hamilton, Putnam, Rockland, Schenectady, each one; 1) (/hemung, Fulton, Genesee, Montgomery, Nassau, Schuyler, Seneca, Yates, each two; c Albany, Columbia, Cortland, Essex, Greene, Livingston, "Niagara, Orange, Orleans, Rensselaer, Schoharie, Suffolk, Sul- livan, Tioga, Tompkins, Warren, Wyoming, each three; d Broome, Clinton, Dutchess, Franklin, Herkimer, Lewis, Madison, Monroe, Ontario, Saratoga, Ulster, Washington, Wayne, Westchester, each four; e Allegany, Cattaraugus, Cayuga, Chenango, Erie, Onondaga, Oswego, each five; / Chautauqua, Delaware, Jefferson, Otsego, each six; g Oneida, Steuben, each seven; Jt Saint Lawrence, eight districts. [Amended hy L, 1919, ch. 300, in effect May 3, 1919.] 6 The district superintendents of two or more supervisory dis- tricts in a county may unite in a petition to the board of super- visors of the county for a change in the boundaries of such dis- tricts by including or excluding one or more towns, stating the reasons for such change, and if such change conforms to the terri- torial requirements of subdivision 1 of this section, the board of supervisors may, by resolution, change such districts in accord- ance with such petition. A copy of such resolution, certified by EDUCATION LAW 117 the chairman and clerk of the board of supervisors, shall be deposited by the clerk in the office of the clerk of the county. The county clerk on receipt of the same shall forward a certified copy thereof to the Commissioner of Education. [Subdivision 6 added hy L. 1916, ch. 238; section amended by L. 1910, ch. 607.] § 382 School directors; terms of office; election; appointment. 1 Each town included within a supervisory district shall have two school directors who shall serve for terms of four years each. The school directors who are in office when this act takes effect shall continue in office until their successors are chosen as provided by law. School directors shall be elected at the town meetings held in the years next succeeding the expiration of the terms of the school directors in office when this act takes effect and one director shall be elected at the town meeting held in every fourth year thereafter. Such directors and their successors in office shall serve for terms of four years each to commence on the first day of January following their election. Such directors shall be elected in the same manner that town officers are elected at town meetings held under the provisions of the town law, and the provisions of the election law relating to the nomination and election of such town officers shall apply to the nomination and election of such directors. [Subdivision 1 amended by L. 1920, ch, 285, in effect April 21, 1920,'] 2 A school director shall vacate his office by removal from the town or by filing a written resignation with the town clerk. A vacancy in the office of school director shall be filled by the town board of the town in which such vacancy exists, for the remainder of the unexpired term. If the town fails to elect a director a vacancy shall be deemed to exist in such office. 3 A school director before entering upon the discharge of the duties of his office, and not later than thirty days after the date on which he was elected to office, shall take the oath of office pre- scribed by the constitution. Such oath may be taken before a justice of the peace or a notary public, and must be filed in the office of the clerk of the town. 4 A school director shall receive two dollars per day for each day's service and his necessary traveling expenses, and the town board of the town for which such director is chosen shall audit and allow the same. [Amended by L. 1910, ch. 607, and L. 1916. ch, 168.] § 383 Election of district superintendent. 1 The school directors of the several towns composing a supervis- 118 TI«E UNIVEESITY OF THE STATE OF NEW YORK ory district shall meet for organization at eleven o'clock in the forenoon on the third Tuesday in May following their election. Such meeting shall he held at a place in the supervisory district, designated by the county clerk, at least ten days previous to the date thel-eof. At the time the county clerk designates such place of meeting he shall also mail a notice of the time and place of such meeting to each school director of the district. The school directors present at such meeting shall organize by electing from their number a chairman, a clerk and two inspectors of election. The school directors at such meeting shall designate a place for holding future meetings. 2 The school directors of the several towns composing a super- visory district shall be a board of school directors, and such board of directors shall meet at eleven o'clock in the forenoon on the third Tuesday in August, 1911, and on the third Tuesday in June every fifth year thereafter, and elect a district superintendent of schools. The clerk of such board shall give each director at least ten days' notice in writing of the hour, date and place of such meeting. 3 If such directors fail to elect a district superintendent of schools before the first day of January following the date of such meeting, and a vacancy exists in such office, the county judge shall appoint such superintendent who shall serve until the board of cirectors shall fill such vacancy. 4 In the election of such district superintendent the vote shall be by ballot and the person receiving a majority of all votes cast shall be elected. Each school director shall be entitled to one vote in such election. 5 The clerk of such board shall file a copy of the proceedings of each meeting and each election, certified by himself and the chairman, in the office of the clerk of the county in which such meeting or election is held within three days after the close thereof. 6 The county clerk on receipt of notice of the election of a district superintendent of schools in any supervisory district of his county shall deliver to the person elected a certificate of such election attested by his signature with the seal of the county and shall also transmit to the Commissioner of Education a duplicate of such certificate of election. [Amended hy L. 1910, ch, G07.~\ 7 When a district superintendent enters the military or naval service of the United States during the continuance of the present war, the board of school directors of the supervisory district of EDUCATION LAW 119 such district superintendent shall designate a person to act as the deputy of such district superintendent. This deputy shall during the absence of said district superintendent perform all the duties and possess the power and authority conferred by law on a dis- trict superintendent. Such person shall also possess qualifications approved by the Commissioner of Education. [Added by L. 1918, ch, 107, in effect March 28, 1918.'] § 384 Qualifications of district superintendents. 1 To be eligible to election to the office of district superintend- ent of schools a person must be at least twenty-one years of age, a citizen of the United States and a resident of the State, but he need not be a resident of the supervisory district for which he is elected at the time of his election. Such superintendent must, however, become a resident of the county containing the district for which he has been elected on or before the date on which his term of office begins. Failure to acquire such residence will be deemed a removal from the county. N'o person shall be ineligible on account of sex. 2 In addition thereto he must possess or be entitled to receive a certificate authorizing him to teach in any of the public schools of the state without further examination and he shall also pass an examination prescribed by the Commissioner of Education on the supervision of courses of study in agriculture and teaching the same. 3 A district superintendent who is removed from office shall not be eligible to election to such office in any supervisory district for a period of five years. [Amended by L. 1910, ch. 601.] § 385 District superintendent must take oatli of office. A district superintendent of schools before entering upon the discharge of the duties of his office, and not later than five days after the date on which his term of office is to com- mence, shall take the oath of office prescribed by the constitu- tion. Such oath may be taken before a county clerk, a justice of the peace, or a notary public and must be filed in the office of the clerk of the county. [Amended by L. 1910, ch. 601. ] § 386 Term of office of district superintendent. The district superintendents elected in 1911 shall hold office until the first day of August, 1916. The full term of office of a dis- trict superintendent of schools elected in 1916 and thereafter shall be five years and shall commence on the first day of August next after his election. A district superintendent of schools unless 120 THE UNIVERSITY OF THE STATE OF NEW YORK removed shall hold office until his successor is chosen and qualified [Amended by L. 1910, ch. 607.'] § 387 Vacancies in the office of district superin- tendent. The office of district superintendent of schools shal be vacant upon : 1 The death of an incumbent. 2 His removal from office by the Commissioner of Education. 3 His removal from the county. 4 His filing in the office of the clerk of the county his written resignation. 5 His acceptance of the office of supervisor, town clerk or trus- tee of a school district. 6 His failure to take and file the oath of office as provided in this article. [Amended by L. 1910, ch. 607.'] § 388 Filling vacancy in tlie office of districi^ superintendent. Whenever a vacancy occurs it shall be filled for the remainder of the unexpired term by the board of schoo directors. Upon direction of the Commissioner of Education th(j clerk of the board in which the supervisory district having such vacancy is located shall immediately call a special meeting of such board for the purpose of electing a district superintendent. The provisions of this title relative to the election generally of district superintendent of schools, including notices, filing of the proceedings and all other matters relating to such an election, shal apply to a special election to fill a vacancy in such office [Amended by L. 1910, ch. 607.] § 389 Salary of district superintendent. 1 Each district superintendent shall receive an annual salary from the State of eighteen hundred dollars, payable monthly by the Com- missioner of Education from moneys appropriated therefor 2 The supervisors of the towns composing any supervisory dis- trict may by adopting a resolution by a majority vote increase! the salary to be paid by such district to its district snperintendentJ Such supervisors must thereupon file with the clerk of the board of supervisors a certificate showing the amount of such increase, The board of supervisors of each county shall levy such amouni annually by tax on the towns composing such supervisory distric within the county. [Amended by L. 1910, ch. 607 ; subdivision J amended by L. 1917, ch. 79^ and by L. 1919, ch. 559, in effec May 12, 1919.] § 390 £:£pense of district superintendents. The commissioner of education shall quarterly audit and allow the EDUCATION LAW 121 ctual sworn expense incurred by each district superintendent of chools in the performance of his official duties, but the amount of uch expense allowed shall not exceed in any year six hundred ollars. Such expenses shall be paid by the commissioner of ducation from moneys appropriated therefor. [Amended hy J. 1910, ch. 607, and L. 1920, ch. 1^21, in effect May 3, 1920.] § 391 Salary of district superintendent may be xrithheld. The Commissioner of Education may, whenever e is satisfied that a district superintendent of schools has per- istently neglected to perform an official duty, withhold payment f the whole or any part of such superintendent's salary as it shall >ecome due and he may also withhold any sum to which such uperintendent shall be entitled for expenses and the amount bus withheld shall be forfeited ; but said Commissioner may in c ds discretion remit such forfeiture in whole or in part. [A mended qty L. 1910, ch. 607.] § 392 Removal of district superintendent from office. The Commissioner of Education may, by an order under he seal of the Education Department, remove a district superin- endent of schools from office whenever he is satisfied that such uperintendent: 1 Has been guilty of immoral conduct; 2 Is incompetent to perform any official duty; or 3 Has persistently neglected or wilfully refused to perform my lawful duty imposed upon him. [Amended hy L. 1910, )h. 607.] § 393 District superintendent not to be interested In certain business or to accept rewards, et cetera. ^ district superintendent of schools shall not: 1 Be directly or indirectly interested otherwise than as author n the sale, publication, or manufacture of school books, maps, harts, or school apparatus or in the sale or manufacture of school lurniture or any other school or library supplies. 2 Be directly or indirectly interested in any contract made by :he trustees of a school district. 3 Be directly or indirectly interested in any agency or bureau naintained to obtain or aid in obtaining positions for teachers or luperintendents. 4 Directly or indirectly receive any emolument, gift, pay, re- iJ^ard or promise of pay or reward for recommending or procuring till \i [\ a 122 THE UNIVERSITY" OF THE STATE OF NEW YORK the sale, use or adoption or aiding in procuring the sale, use oi adoption of any book, map, chart, school apparatus or furniture or other supplies for any school or library or for recommending 2 teacher or aiding a teacher in obtaining an appointment to teach [Amended by L. 1910, ch. 607,] § 394 District superintendents not to engage in other business. A district superintendent of schools shall devote his whole time to the performance of the duties of his office and shall not engage in any other occupation or profession Such time as shall not necessarily be devoted by a distrid superintendent of schools to the performance of the clerical and ad- ministrative work of his office shall be devoted to the visitation an<3 inspection of the schools maintained in his supervisory district; [Amended by L, 1910, ch. 607.'] § 395 General powers and duties of districll superintendent. A district superintendent of schools shall have power and it shall be his duty : 1 To inquire from time to time into and ascertain whether the boundaries of the school districts within his supervisory district are definitely and plainly described in the records of the office of the proper town clerk ; and in case the record of the boundaries of any school district shall be found indefinite or defective, or ii the same shall be in dispute, then to cause the same to be amended or an amended record of the boundaries to be made. All nec^- sary expenses incurred in establishing such amended records shall be a charge on the district or districts affected, to be audited and allowed by the trustees thereof, on the certificate of the district superintendent. 2 To assemble all the teachers of his district by towns or otherwise, for the purpose of conference on the course of study, for reports of and advice and counsel in relation to discipline, school management and other school work, and for promoting the general good of all the schools of the district. Teachers shall be entitled to compensation for days actually in attendance upon such conference. [Subdivision 2 amended by L. 191S, ch. 611.] 3 To frequently and thoroughly inspect the work done in the training classes maintained in his district and to report to the Commissioner of Education on the efficiency of the instruction given and the observation and practice work done by the members thereof. 4 To hold meetings of trustees and other school officers and to advise with and counsel them in relation to their powers and !« EDUCATION LAW 123 ^ 01 duties and particularly in relation to the repair, construction, ^'^iTi leating, ventilating and lighting of schoolhoiises and improving ^1 md adorning the school grounds. To especially advise trustees relative to the employment of teachers, the adoption of textbooks and the purchase of library books, school apparatus, furniture and mpplies. 5 To direct the trustees of any district to make any altera- "^ tions or repairs to the schoolhouses or outbuildings which shall, [n his opinion, be necessary for the health or comfort of the pupils, but the amount which trustees shall be directed to expend in such alterations or repairs shall not exceed two hundred dollars in any one year. 6 To direct the trustees of any district to make any repairs or alterations to school furniture, or where in his opinion any furniture is unfit for use and not worth repairing, or when suf- ^ ficient furniture is not provided, to direct that such new furniture shall be provided as he deems necessary, but the amount thus directed to be expended shall not exceed in any one year one hun- dred dollars. 7 To direct the trustees of any district to abate any nuisance in or on the school grounds. 8 To condemn a schoolhouse as provided elsewhere in this chapter. 9 To examine and license teachers pursuant to the provisions of this chapter. He shall also conduct such other examinations as the Commissioner of Education shall direct. 10 To examine any charge affecting the moral character of any teacher residing or employed within his district, and to revoke such teacher's certificate as elsewhere provided by this chapter. 11 To take affidavits and administer oaths in all matters per- taining to the public school system, but without charge or fee. 12 To take and report to the Commissioner of Education under the direction of such Commissioner testimony in a case on appeal. In such a case or in any matter or proceeding to be heard or de- termined by the district superintendent, he may issue a subpoena 1 to compel the attendance of a witness. Service of such subpoena shall be made a reasonable time before the date named therein for the hearing, by exhibiting the same to the person so served, with the signature of the district superintendent of schools attached, and by leaving a copy thereof with such person. The witness 124 THE UNIVERSITY OF THE STATE OF NEW YORK shall be entitled to receive at the time of service, the same fees as provided bj law for witnesses in a court of record. Disobedience to such subpoena shall subject the delinquent to a penalty of twenty-five dollars, which shall be recovered by the county treas- urer in his name of office for the benefit of the county. 13 To exercise in his discretion any of the powers and per- form any of the duties of another district superintendent on thai written request of such other superintendent, and he must exer- cise such powers and perform such duties when directed to do so by the Commissioner of Education. 14 To make such investigations and to make such reports to the Commissioner of Education upon any matter or act as said Commissioner shall from time to time request. He shall make an annual report on the first day of September in such form and giv- ing such information as the Commissioner of Education shall re- quire. For this purpose he shall procure the reports of trustees of school districts from the town clerk's offices and after abstract- ing the necessary contents thereof shall indorse and deposit them with a copy of his abstract in the office of the county clerk. [Section amended hy L. 1910, ch. 607.] § 396 District superintendent subject to the rules of Commissioner of Education. A district superintendent shall be subject to such rules and directions as the Commissioner of Education shall from time to time prescribe. [Amended hy L. 1910, ch, 607.] § 397 Other duties of a district superintendent. A district superintendent of schools shall, in addition to the duties especially conferred upon him by this title, possess and be subject to all the powers, duties and responsibilities with which a school commissioner is charged by law. [Amended hy L. 1910, ch. 607.] § 398 Appeals from acts of district superintend- ent, et cetera. Appeals from the official acts of a district superintendent of schools or from his refusal or failure to act in any matter in which he may legally act, may be taken to the Com- missioner of Education. All questions in controversy relating to the election of such district superintendent or to the formation of supervisory district shall be determined by the Commissioner of Education on proper appeal. The provisions of article 14 of this chapter shall apply to and govern such appeals and decisions therein. [Amended hy L. 1910, ch. 607,"] ?r i EDUCATION LAW 125 Payment of Certain Expenses of District Superintendents [County Law, § 12] 31 The board of supervisors is authorized to provide for the payment of Dioperly itemized and verified bills of district superintendents of schools of ±ie supervisory districts in the county rendered by them for expenses ncurred for necessary printing and office supplies, subject to such condi- ;ion8 as the board may prescribe. The board may, by resolution, authorize ;he incurring of indebtedness for such purposes and when so authorized he bills therefor shall be audited and paid in the sanae manner as other feharges against the county. [Subdivision added by L. 19 Hi, ch. 3Hi), in effect ]^pril 16, 19 III.] ARTICLE 15 Assessment and Collection of Taxes iSection 410 Assessment of taxes 410-oLevy of taxes in Suffolk county 410-6 Temporary loans in ^Suffolk county in anticipation of taxes 411 Property to be assessed 412 Ascertainment of valuations 413 Power of trustees to determine values 414 Equalization within joint districts 415 Assessment of vacant land 416 Persons working land on shares and vendees in possession liable to taxation 417 Liability of property of certain absentee owners 418 Certain exemption» from tax for building schoolhouse 419 Right of certain tenants to charge tax to landlord 420 Requisites and authority of collector's warrant 421 Time for delivery of warrant to collector 422 Jurisdiction of collector 423 Renewals of warrants 424 Amendment of tax lists 425 Collector's notice 426 Collector's fees 427 Notice to railroad companies and certain other corporations of assessment and tax 428 Payment of tax by railroad and certain other corporations to county treasurer 429 Duty of collector after failure of railroad and certain other corporations to pay within thirty days 430 Payment of tax by county treasurer to collector 431 Such companies may pay collector 432 Trustee's right of action to recover tax 433 Collector's return of unpaid taxes 434 Certification by trustees of collector's return 435 Payment of unpaid taxes from county treasury 436 Levy by supervisors of unpaid taxes 437 Payment before levy 126 THE UNIVEESITY OF THE STATE OF NEW YORK Section 438 Proceedings for collection same as of county taxes 439 Filing tax-list and warrant with town clerk 440 Assessment for school purposes of certain state lands § 410 Assessment of taxes. Immediately after a tax shall have been voted by a district meeting, for a purpose arising during the current school year the trustees shall assess it, and make out the tax-list therefor, and annex thereto their warrant for its collection. Where a tax is voted at an annual school meeting for school purposes during the following school year the said trustees shall prepare their tax-list therefor and annex thereto their warrant for its collection within thirty days after August first. But they may at the same time assess two or more taxes so voted, and any taxes they are authorized to raise without such vote, and make out one tax-list and one warrant for the collection of the whole. They shall prefix to their tax-list a heading showing for what purpose the difi'erent items of the tax are levied. [Amended by L, 1911, ch. 830.] § 410-a Levy of taxes in Suffolk county. In the school districts of Suffolk county, in the year nineteen hundred and eighteen, the several district trustees and boards of education shall levy the taxes which were required for their respective dis- tricts in 1917 and which shall have been approved by the electors for the year 1918. When any such tax shall have been extended against the assessable property in the district, as provided in the next section, each parcel of property or taxpayer shall be credited for the amount of such tax as has been paid thereon for the year 1917 by virtue of other provisions of this chapter. [Added by L. 1918, ch. 518.1 § 410-b Temporary loans in Suffolk county in anticipation of taxes. The trustees or board of education of a school district in such county may borrow money on temporary- loans in anticipation of taxes levied in such district, for the pur- poses for which such taxes are levied, but shall not borrow in excess of the amount of such taxes. Such loans shall be payable out of the taxes on account of which they are made, and in no case shall interest run on any such loans after such taxes are collected. [Amended by L. 1919, ch. S02, and L. 1920, ch. 293, in effect April 21, 1920.] § 411 Property to be assessed. 1" School district taxes shall be apportioned by the trustees upon all real estate within the boundaries of the district which shall not be by law exempt EDUCATION LAW 127 om taxation, except as hereinafter provided, and such property lall be assessed to the person or corporation owning or possessing le same at the time such tax-list shall be made out. 2 The trustees shall also apportion the district taxes upon all Tsons residing in the district, and upon all corporations liable to jjj [ixation therein, for the personal estate owned by them and liable taxation. 3 Land lying in one body and occupied by the same person, ither as owner or agent for the same principal, or as tenant under le same landlord, if assessed as one lot on the last assessment-roll f the town after revision by the assessors, shall, though situated artly in two or more school districts, be taxable in that one of lem in which such occupant resides. This rule shall not apply to ej md owned by nonresidents of the district, and which shall not be 3cupied by an agent, servant or tenant residing in the district. uch unoccupied real estate shall be assessed as nonresident, and description thereof shall be entered in the tax-list. § 412 Ascertainment of valuations. The valuations f taxable property shall be ascertained, so far as possible, from le last assessment-roll of the town, after revision by the assessors ; nd no person shall be entitled to any reduction in the valuation f such property, as so ascertained, unless he shall give notice of is claim to such reduction in writing to the trustees of the dis- rict before the tax-list shall be made out. § 413 Power of trustees to determine values. The ustees of a district shall ascertain the true value of the property J be taxed from the best evidence in their power, giving notice > the persons interested, and proceeding in the same manner as be town assessors are required by law to proceed in the valuation f taxable property, the hearing of grievances, and the revision of be town assessment-roll in the following cases: 1 When a reduction shall be duly claimed and where the val- lation of taxable property cannot be ascertained from the last ompleted assessment-roll of the town ; 2 When the valuation of such property shall have increased or iminished since the last assessment-roll of the town was com- leted ; 3 When an error, mistake, or omission on the part of the town «8essors shall have been made in the description or valuation of axable property. § 414 Equalization within joint districts. When a istrict embraces parts of two or more towns, the supervisors of 128 THE UNIVERSITY OF THE STATE OF NEW YOKK such towns shall, upon receiving a written notice from the trustees of such district, or from three or more persons liable to pay taxes upon real estate therein, meet at a time and place to be named in such notice, which time shall not be less than five or more than ten days from the service thereof, and a place within the bounds of the towns so in part embraced, and proceed to inquire and de- termine whether the valuation of real property upon the several assessment-rolls of said towns is substantially just as compared with each other. 2 If it is ascertained that such assessments are not relatively equal such supervisor shall determine the relative proportion of taxes that ought to be assessed upon the real property of the parts of such district lying in different towns, and the trustees of such district shall thereupon assess the proportion of any tax thereafter to be raised, according to the determination of such supervisors, until new assessment-rolls of the town shall be perfected and filed, using the assessment-rolls of the several towns to distribute the said proportion among the persons liable to be assessed for the same. 3 If such supervisors shall be unable to agree, they shall sum- mon a supervisor from some adjoining town who shall meet with them and unite in such inquiry and the finding of a majority shall be the determination of such meeting. 4 Such supervisors shall receive for their services three dollars per day for each day actually employed which shall be a town charge upon their respective towns. § 415 Assessment of vacant land. When any real es- tate within a district so liable to taxation shall not be occupied and improved by the owner, his servant or agent, and shall not be possessed by any tenant, the trustees of any district, at the time of making out any tax-list by which any tax shall be imposed thereon, shall make and insert in such tax-list a statemen and description of every such lot, piece or parcel of land so ownec by nonresidents therein, in the same manner as required by la-w from town assessors in making out the assessment-roll of theii towns ; and if any such lot is known to belong to an incorporatec company liable to taxation in such district, the name of such com pany shall be specified, and the value of such lot or piece of lane shall be set down opposite to such description, which value shall be the same that was afiixed to such lot or piece of land in the last assessment-roll of the town; and if the same was not separatelv EDUCATION LAW 129 alued in such roll, then it shall be valued in proportion to the aluation which was affixed in the said assessment-roll to the whole ract of which such lot or piece shall be part. § 416 Persons working land on shares and vendees in possession liable to taxation. Any person working and under a contract for a share of the produce of such land, hall be deemed the possessor, so far as to render him liable ;o taxation therefor, in the district where such land is situate, and my person in possession of real property under a contract for the purchase thereof shall be liable to taxation therefor in the district ^here such real property is situated. 417 Liability of property of certain absentee lowners. Every person owning or holding any real property (vithin any school district, who shall improve and occupy the same by his agent or servant, shall, in respect to the liability of such property to taxation, be considered a taxable inhabitant of jii such district, in the same manner as if he actually resided jjj therein. § 418 Certain exemptions from tax for building schoolhouse. Every taxable inhabitant of a district who shall have been, within four years, set off from any other district, without his consent, and shall within that period, have actually paid in such other district, under a lawful assessment therein, a district tax for building a schoolhouse, shall be exempted by the trustees of the district where he shall reside, from the payment of any tax for building a schoolhouse therein. § 419 Rigbt of certain tenants to charge tax to landlord. Where any district tax, for the purpose of pur- chasing a site for a schoolhouse, or for purchasing or building, keeping in repair, or furnishing such schoolhouse with necessary fuel and appurtenances, shall be lawfully assessed, and paid by any person on account of any real property whereof he is only a tenant at will, or for three years, or for a less period of time, such tenant may charge the owner of such real estate with the amount . of the tax so paid by him, unless some agreement to the contrary 1 shall have been made by such tenant. § 420 Requisites and authority of collector's war- rant. The warant ^ for the collection of a district tax shall be under the hands of the trustees, or a majority of them, with or * So in original. 5 130 THE UNIVERSITY OF THE STATE OF NEW YOEK without their seals; and it shall have the like force and effect as a warrant issued by a board of supervisors to a collector of taxes in the town; and the collector to whom it may be delivered for col- lection shall be thereby authorized and required to collect from every person in such tax-list named the sum set opposite to his name, or the amount due from any person specified therein, in the same manner that collectors are authorized to collect town and county taxes. § 421 Time for delivery of warrant to collector. 1 A warrant for the collection of a tax voted by the district shall not be delivered to the collector until the thirty-first day after the tax was voted. 2 A warrant for the collection of a tax authorized by law with- out a vote of the district may be delivered to the collector when- ever the same is completed. § 422 Jurisdiction of collector. Any collector to whom any tax-list and warrant may be delivered for collection may exe- cute the same in any other district or town in the same county, or in any other county where the district is a joint district and composed of territory from adjoining counties, in the same man- ner and with tbe like authority as in the district in which the trustees issuing the said warrant may reside, and for the benefit of which said tax is intended to be collected ; and the bond or sureties of any collector, given for the faithful performance of his official duties, are hereby declared and made liable for any moneys received or collected on any such tax-list and warrant. § 423 Renewals of warrants. If the sum of money, payable by any person named in such tax-lists, shall not be paid by him or collected by such warrant within tire time therein limited, it shall be lawful for the trustees to renew such warrant in respect to such delinquent person ; and whenever more than one renewal of a warrant for the collection of any tax-list may become necessary in any district, the trustees may make such further renewal, with the written approval of the supervisor of any town in which a schoolhouse of said district may be located, to be indorsed upon such warrant. § 424 Amendment of tax-lists. Whenever the trustees of any school district shall discover any error in a tax-list made out by them, they may, with the approval and consent of the Commissioner of Education, after refunding any amount that may have been improperly collected on such tax-list, if the same shall EDUCATION LAW 131 be required by him, amend and correct such tax-list, as directed by the Commissioner, in conformity to law. § 425 Collector's notice. 1 The collector, on the receipt of a warrant for the collection of taxes, shall give notice to the taxpayers of the district by publicly posting written or printed, or partly written and partly printed, notices in at least three pub- lic places in such district, one of which shall be on the outside of the front door of the schoolhouse, stating that he has received such warrant and will receive all such taxes as may be voluntarily paid to him within thirty days from the time of posting said notice. 2 Such collector shall also give a like notice, either personally or by mail, at least twenty days previous to the expiration of the thirty days aforesaid, to the president, secretary, general or di- vision superintendent, or manager of any canal or pipe line, 3ii| assessed for taxes upon the tax-list delivered to him with the aforesaid warrant. 3 Such collector shall also give a like notice to all nonresident taxpayers on said list whose tax amounts to one dollar or more and whose residence or post-office address may be known to such col- lector, or may be ascertained by him upon inquiry of the trustees and clerk of his district. 4 No school collector shall be entitled to recover from any rail- road corporation, canal company or pipe line, or nonresident tax- payer more than one per centum fees on the taxes assessed against such corporation or nonresident, unless such notice shall have been given as aforesaid ; and in case the whole amount of taxes shall not be so paid in, the collector shall forthwith proceed to collect the same. § 426 Collector's fees. The collector shall receive for his services on all sums paid in as aforesaid, one per centum, and upon all sums collected by him, after the expiration of the time mentioned, five per centum, except as hereinbefore provided; and in case a levy and sale shall be necessarily made by such col- lector, he shall be entitled to traveling fees, at the rate of ten cents per mile, to be computed from the schoolhouse in such dis- trict. § 427 Notice to railroad oompanies and certain other corporations of assessment and tax. 1 It shall be the duty of the school collector in each school district in this State, within five days after the receipt by such collector of any and every tax or assessment roll of his district, to prepare and 132 THE UNIVERSITY OF THE STATE OF NEW YORK deliver to the county treasurer of the county in which such district, or the greater part thereof, is situated, a statement showing the name of each railroad, telegraph, telephone, electric light or gas company, including a company engaged in the business of supply- ing natural gas, appearing in said roll, the assessment against each of said companies for real and personal property respec- tively, and the tax against each of said companies. 2 It shall thereupon be the duty of such county treasurer, immediately after the receipt by him of such statement from such school collector, to notify the ticket agent or manager of any such railroad, telegraph, telephone, electric light or gas com- pany, including a company engaged in the business of supplying natural gas assessed for taxes at the station or office nearest to the office of such county treasurer or to notify the company at its principal office within this State personally or by mail, of the fact that such statement has been filed with him by such collector, at the same time specifying the amount of tax to be paid by such company. [Amended by L. 1913, ch. 216.] § 428 Payment of tax by railroad and certain other corporations to county treasurer. Any railroad company heretofore organized, or which may hereafter be organ- ized, under the laws of this State and any telegraph, telephone, electric light or gas company including a company engaged in the business of supplying natural gas may within thirty days after the receipt of such statement by such county treasurer, pay the amount of tax so levied or assessed against it in such a district and in such statement mentioned and contained with one per centum fee thereon, to such county treasurer, who is hereby au- thorized and directed to receive such amount and to give proper receipt therefor. [Amended hy L. 1913, ch. 216.] § 429 Duty of collector after failure of railroad and certain other corporations to pay xritliin thirty days. In case any railroad company and any telegraph, tele- phone, electric light or gas company including a company en- gaged in the business of supplying natural gas shall fail to pay such tax within said thirty days, it shall be the duty of such county treasurer to notify the collector of the school district in which such delinquent railroad company is assessed, of its failure to paj said tax, and upon receipt of such notice it shall be the duty of such collector to collect such unpaid tax in the manner now provided by law together with five per centum fees thereon ; EDUCATION LAW 133 but no school collector shall collect by distress and sale any tax levied or assessed in his district upon the property of any such company until the receipt by him of such notice from the county treasurer. [A7nended hy L. 1913, ch. 216.'] § 430 Payment of tax by county treasurer to col- lector. The several amounts of tax received by any county treasurer in this state, under the provisions of the last three sections, of and from such companies, shall be by such county treasurer placed to the credit of the school district for or on account of which the same was levied or assessed, and on demand paid over to the school collector thereof, and the one per centum fees received therewith shall be placed to the credit of, and on demand paid to, the school collector of such school district [Amended hy L. 1913, ch. 216.'] § 431 Such companies may pay collector. ItTothing in the last four sections contained shall be construed to hinder, prevent or prohibit any railroad company or telegraph, telephone, electric light or gas company including a company engaged in the business of supplying natural gas from paying its school tax to the school collector direct, as provided by law. [Amended hy L. 1913, ch. 216.] § 432 Trustees' right of action to recover, tax. Whenever any sum of money payable by any person named in such tax-list, shall not be paid by such person, or collected by such warrant within the time therein limited, or the time limited by any renewal of such warrant; or in case the property assessed be real estate belonging to an incorporated company, and no goods or chattels can be found whereon to levy the tax, the trustees may sue for and recover the same in their name of office. § 433 Collector's return of unpaid taxes. If any tax on real estate placed upon the tax-list and duly delivered to the collector, or the taxes upon nonresident stockholders in banking associations organized under the laws of Congress, shall he unpaid at the time the collector is required by law to return his warrant, he shall deliver to the, trustees of the district an account of the taxes remaining due, containing a description of the lands upon which such taxes were unpaid as the same were placed upon the tax-list, together with the amount of the tax so assessed, and upon making oath before any justice of the peace or judge of a court of record, notary public or any other officer authorized to administer oaths, that the taxes mentioned in any 184 THE UNIVERSITY OF THE STATE OF NEW YORK such account remain unpaid, and that, after diligent efforts, he has been unable to collect the same, he shall be credited by said trustees with the amount thereof. § 434 Certification by trustees of collector's re- turn. Upon receiving any such account from the collector, the trustees shall compare it with the original tax-list, and if they find it to be a true transcript they shall add to such account their certificate to the effect that they have compared it with the original tax-list and found it to be correct, and shall immediately transmit the account, affidavit and certificate to the treasurer of the county. § 435 Payment of unpaid taxes from county treasury. Out of any moneys in the county treasury, raised for contingent expenses, or for the purpose of paying the amount of the taxes so returned unpaid, the treasurer shall pay to the dis- trict treasurer, if there be such an officer, otherwise to the col- lector, the amount of the taxes so returned as unpaid, and if there are no moneys in the treasury applicable to such purpose, the board of supervisors, at the time of levying said unpaid taxes, as provided in the next section, shall pay to the district treasurer, if there be such an officer, otherwise to the collector of the school district the amount thereof which has been relevied, by voucher or draft on the county treasurer, in the same manner as other county charges are paid, and the collector shall be charged by the trustees with the amount so relevied. [Amended by L. 1910, ch. 28It, and L. 1915, ch. 136.'] § 436 Levy by supervisors of unpaid taxes. Such account, affidavit and certificate shall be laid by the county treas- urer before the board of supervisors of the county, who shall cause the amount of such unpaid taxes, with seven per centum of the amount in addition thereto, to be levied upon the lands upon which the same were imposed ; and if imposed upon the lands of any incorporated company, then upon such company; and when c/)llected the same shall be returned to the county treasurer to re- imburse the amount so advanced, with the expenses of collection. § 437 Payment before levy. Any person whose lands are included in any such account may pay the tax assessed thereon, with five per centum added thereto, to the county treas- urer, at any time before the board of supervisors shall have di- rected the same to be levied. § 438. Proceedings for collection same as of county taxes. The same proceedings in all respects shall be had for EDUCATION LAW 136 he collection of the amount so directed to be raised by the board of supervisors as are provided by law in relation to the X)unty taxes ; and, upon a similar account, as in the case of county taxes of the arrears thereof uncollected, being transmitted by the county treasurer to the Comptroller, the same shall be paid on his warrant to the treasurer of the county advancing the same; and the amount so assumed by the State shall be collected for its benefit, in the manner prescribed by law in respect to the arrears of county taxes upon land of nonresidents; or if any part of the amount so assumed consisted of a tax upon any incorporated company, the same proceedings may also be had for the collec- tion thereof as provided by law in respect to the county taxes assessed upon such company. § 439 Filing tax-list and warrant with town clerk. Within fifteen days after any tax-list and warrant shall have been returned by a collector to the trustees of any school district, the trustees shall deliver the same to the town clerk of the town in which the collector resides, and said town clerk -shall file the same in his office. § 440 Assessment for school purposes of certain state lands. 1 The board of education of union free school district number one, town of Dannemora, in the county of Clinton, shall hereafter assess the property owned by the State and situate within the boundaries of said district, exclusive of the improve- ments erected thereon by the State at the same valuation as other lands in said district are assessed, and the Comptroller shall here- after pay to the school authorities of such district the amount of taxes levied upon the land of the State for school purposes in such district by virtue of this section, out of any moneys hereafter appropriated by the Legislature for the payment of assessments for local improvements on property owned by the State. 2 The local school authorities of union free school district number two of the town of Wawarsing, Ulster county, districts number six and eight of the town of Dover and districts number one and two of the town of Beekman, Dutchess county, all the school districts in the towns of Hyde Park and Poughkeepsie, Dutchess county, all the school districts in the towns of High- lands, Woodbury and Tuxedo, Orange county, union free school district number one of the town of Ossining in the county of Westchester, all the school districts in the towns of Marcy, Tren- ton, Western and Lee, Oneida county, districts number eleven, twelve and thirteen in town of Russia, Herkimer county, school 186 THE UN-IVEBSITY OF THE STATE OF NEW YORK district number one, town of Kush, Monroe county, and of school districts in the county of Rockland shall hereafter assess the lands owned by the state of ^N'ew York and situate within the boundaries of said districts, exclusive of the improvements, if any, erected thereon by the state, at the same valuation as similar lands of individuals in said districts are assessed and the comp- troller shall hereafter credit to the treasurer of the county wherein such lands are situated the amount of taxes levied upon the lands of the state therein for school purposes from taxes payable by said county treasurer each year to the state for state taxes levied and assessed upon the taxable property of the towns in which such districts are located and upon the adjustment of such taxes so made, the said county treasurer shall pay to the collector of taxes of the school districts in which such lands are situated the amount of such taxes as allowed and so paid by the state. [^Subdivision 2 amended by L, 1911, ch. 593; L. 1915, ch. 125; L. 1916, ch. J^Ol ; L. 1917, ch. 46; L. 1918, ch. 25Jk; L. 1919, ch. 301, and by L. 1920, ch. 831, in effect May 19, 1920.] 3 After a tax has been voted by a district meeting in a district specified in the preceding subdivision, in which there is land owned by the State and the trustees have made the assessment and their tax list therefor, such trustees shall immediately file in the ofiice of the Comptroller a duly verified copy of such tax list, which in addition to the other matters now required by law shall state which are lands belonging to the State. The Comptroller shall within thirty days after the receipt of such list and after hearing the trustees, if they or any of them so desire, corrector reduce any assessment of state lands which may be in his judgment an unfair proportion to the remaining assessment of land within the dis- trict, and shall in other respects approve the assessment and com- municate such approval to the trustees. No such assessment of state lands shall be valid for any purpose until the amount of the assessment is approved by the Comptroller. Provisions of Tax Law Relative to School Taxes Note.— The following provisions of the tax law (L. 1909, ch. 62), are of •pedal interest to school district offlcers: § 40 Assessors to apportion valuation of railroad, telegraph, telephone, pipe line, -water or gas com- panies and of special franchises among school and special districts. The assessors of each town or city in which a railroad, telegraph, telephone, water pipe line, or gas company, EDUCATION LAW 137 including a company engaged in the business of supplying natural gas, is assessed by them or by the tax commission upon property lying in more than one school district or in one or more special districts in which a tax is levied for district purposes shall after the time fixed for hearing complaints and action thereon and prior to the final completion of the roll, pursuant to section 39 of this chapter, apportion the assessed valuation of the prop- erty of each of such corporations so made by them or by the tax commission among such school and special districts. Such ap- portionments shall be entered by the assessors in the appropriate column of the assessment-roll and a certificate thereof signed by the assessors or a majority of them shall be filed with the town or city clerk within five days thereafter, and thereupon the valuations so apportioned shall become the valuations of such property in such districts for the purpose of taxation for the ensuing year. The town clerk shall furnish the trustees of school districts a certified statement of the valuations apportioned to their respective districts. In case of the failure of the assessors to act, a supervisor of the town or city shall make such apportionment on request of either the trustee of any school district or the officers of any special dis- trict or the corporation assessed. In case of any alteration in any school district affecting the valuation of such property, the officer making the same shall fix and determine the valuations in the districts affected for the current year. [Amended hy L. 1912, ch. 271; L. 1913, ch. 556, and L. 1916, ch. 323, in effect April 26, 1916.2 § 70-b Receipts for taxes. Every collector of taxes shall deliver or upon request forward by mail, a receipt wholly written with ink or partly printed and filled out with ink to each person paying a tax, specifying the date of such payment, the name of such person, the description of the property as shown on the assessment-roll, the name of the person to whom the same is assessed, the amount of such tax, and the date of delivery to him of the assessment-roll on account of which such tax was paid. For the purpose of giving such receipt, each collector shall have a book of blank receipts, so arranged that when a receipt is torn therefrom a corresponding copy or stub will remain. The tax commission shall prescribe the form of such receipts, stubs and books and they shall be furnished to the town collector by the board of supervisors, at the expense of the county; to the city 13S THE tJNIVEllSlTy OF THE STATE OF NEW YOEK collector by the common council, at the expense of the city ; to the village collector by the village trustees at the expense of the vil- lage; to the school collector by the trustee or trustees at the expense of the school district. The expense of mailing receipts shall be a proper charge against the city, town, village or school district. At the time of giving such a receipt the collector shall make the same entries on the corresponding copy or stub as are required to be made on the receipt. Such book shall be subject to public inspection and shall be filed by the collector with his return, together with the assessment-roll in the office of the county treasurer, or such officer or board to which such collector makes his return. [Amended by L. 1916, ch. S23, in effect April 26, 1916.'] EDUCATION LAW 139 ARTICLE 16 School Building's and Sites jection 450 No schoolhouse shall be built on towTi line 451 Plans and specifications of new^ school buildings must be approved by Commissioner of Education 452 Halls, doors, stairways, staircases etc. 453 Fire escapes 454 Use of school buildings for examinations and institutes 455 Use of schoolhouse and grounds out of school hours 456 Condemnation of schoolhouse and erection of new schoolhouse in place thereof 457 Provision for outbuildings 458 When board of education may designate site without vote of district 459 Change of site 460 Site, how designated 461 Sale of former schoolhouse or site 402 Application of proceeds of sale 463 Acquisition of real property 464 When owner's consent necessary 465 Vesting of title of lands in certain cases 466 Application to certain districts 467 School taxes and school bonds 450 No schoolhouse shall be built on town line. No schoolhouse shall be built so as to stand on the division line of any two towns. § 451 Plans and specifications of school buildings must be approved by Commissioner of Education. 1 !No schoolhouse shall hereafter be erected, repaired, enlarged or remodeled in a city of the third class or in a school district, at an expense which shall exceed five hundred dollars, until the plans and specifications thereof shall have been submitted to the Com- missioner of Education and his approval indorsed thereon. Such plans and specifications shall show in detail the ventilation, heat- ing and lighting of such buildings. 2 The Commissioner of Education shall not approve the plans for the erection of any school building or addition thereto or remodeling thereof unless the same shall provide a At least fifteen square feet of floor space and two hundred tsubic feet of air space for each pupil to be accommodated in each 8tudy or recitation room therein. ^ So in originaL 140 THE UNIVERSITY OF THE STATE OF NEW YOEK b For assuring at least thirty cubic feet of pure air ever;y minute per pupil, and c The facilities for exhausting the foul or vitiated air therein shall be positive and independent of atmospheric changes. 3 No tax voted by a district meeting or other competent authority in any such city, or school district exceeding the sum of five hundred dollars, shall be levied by the trustees until the Commissioner of Education shall certify that the plans and speci- fications for the same comply with the provisions of this section. § 452 Halls, doors, stairivays, staircases etc. 1 All schoolhouses for which plans and detailed statements shall be filed and approved, as required by the preceding section shall have all halls, doors, stairways, seats, passage-ways and aisles and all lighting and heating appliances and apparatus arranged to facilitate egress and afford adequate protection in cases of fire or accident. 2 All exit doors shall open outwardly, and shall, if double doors be used, be fastened with movable bolts operated simultaneously by one handle from the inner face of the door. 3 'No staircase shall be constructed with winder steps in lieu of a platform but shall be constructed with straight runs, changes in direction being made by platforms. No door shall open im- mediately upon a flight of stairs, but a landing at least the width of the door shall be provided between such stairs and such doorway. § 453 Fire escapes. 1 All school buildings in the Stat except in the city of New York, which are more than two stori high, shall have properly constructed stairways on the outsid© thereof, with suitable doorways leading thereto, from each sto above the first, for use in case of fire. Such stairways shall be kept in good order and free from obstruction, and shall not be bolted or locked during school hours. 2 It shall be the duty of the trustee or board of education having charge of said school buildings to cause such stairways to be constructed and maintained, and the reasonable and proper cost thereof shall in each case be a legal charge upon the district or city, and shall be raised by tax, as other moneys are raised for school purposes. § 454 Use of school buildings for examinations and institutes. 1 The use of a school building shall be granted for any examination or teachers institute appointed by EDUCATIOlSr LAW 141 he Commissioner of Education upon the request of the school com- nissioner in whose school commissioner district or the superin- endent of the city in which such building is located or upon the lirection or order of such Commissioner of Education. 2 No charge shall be made therefor except when such building s used for a teachers institute, in which case a reasonable allow- jjj mce may be made to said district or city for lighting, heating md janitor service, provided always that due and proper care >hall be maintained and the school building be left in such con- iition as found in relation to cleanliness and neatness. 455 Use of schoolhouse and grounds out of school jJIfaiours. Schoolhouses and the grounds connected therewith and ill property belonging to the district shall be in the custody and inder the control and supervision of the trustees or board of educa- :ion of the district. The trustees or board of education may adopt reasonable regTilations for the use of such schoolhouses, grounds )r other property, when not in use for school purposes, for such ;j, Dther public purposes as are herein provided. Such regulations shall not conflict with the provisions of this chapter and shall con- form to the purposes and intent of this section and shall be sub- ject to review on appeal to the commissioner of education as pro- ivided by law. The trustees or board of education of each district may, subject to regulations adopted as above provided, permit the use of the schoolhouse and rooms therein, and the grounds and other property of the district, when not in use for school purposes, for any of the following purposes: 1 By persons assembling therein for the purpose of giving and receiving instruction in any branch of education, learning or the arts. 2 For public library purposes, subject to the provisions of this chapter, or as stations of public libraries. 3 For holding social, civic and recreational meetings and enter- tainments, and other uses pertaining to the welfare of the com- munity; but such meetings, entertainment and uses shall be non- exclusive and shall be open to the general public. 4 For meetings, entertainments and occasions where admission fees are charged, when the proceeds thereof are to be expended for an educational or charitable purpose; but such use shall, not be permitted if such meetings, entertainments and occasions are. under the exclusive control, and the said proceeds are to be applied for the benefit of a society, association or organization of a relig- 142 THE UNIVERSITY OF THE STATE OF NEW YORK ious sect or denomination, or of a fraternal, secret or other exclu-- sive society or organization. 5 For polling places for holding primaries and elections and for the registration of voters, and for holding political meetings. But no such use shall be permitted unless authorized by a vote of a district meeting, held as provided by law, or, in cities by the board of education thereof. Except in cities, it shall be the duty of the trustees or board of education to call a special meeting for such purpose upon the petition of at least ten per centum of the qualified electors of the district. Authority so granted shall con- tinue until revoked in like manner and by the same body as granted. 6 For civic forums and community centers. Upon the peti- tion of at least twenty-five citizens residing within the district or city, the trustees or board of education in each school district or city shall organize and conduct community centers for civic pur- poses, and civic forums in the several school districts and cities, to promote and advance principles of Americanization among the residents of the state. The trustees or board of education in each school district or city, when organizing such community centers or civic forums, shall provide funds for the maintenance and sup- port of such community centers and civic forums, and shall pre- scribe regulations for their conduct and supervision, provided that nothing herein contained shall prohibit the trustees of such school district or the board of education to prescribe and adopt rules and regulations to make such community centers or civic forums self- supporting as far as practicable. Such community centers and civic forums shall be at all times under the control of the trustees or board of education in each school district or city, and shall be nonexclusive and open to the general public. [Amended by L, 1913, ch. 221; L. 1917, ch. 21 J^; and L. 1920, oh. 150, m efed AprU 1, 1920.1 § 456 Gondemnation of schoolhouse and erection^ of neixr schoolhonse in place thereof. 1 A school com- missioner may make an order condemning a schnolhouse, if he finds upon examination that such schoolhouse is wholly unfit for use and not worth repairing. He shnll deliver such order to a trustee of the district and transmit a copy thereof to the Commis- sioner of Education. He shall also state in such order the date on wbich it shall take effect and the sum which in his opinion will be necessary to erect a school building suitable to the needs of the district. EDUCATION LAW 143 2 Immediately upon the receipt of said order, the trustees of such district shall call a special meeting of the voters of said district, to consider the question of building a new schoolhouse therein. Such meeting shall have power to determine the size of said schoolhouse, the material to be used in its erection, and to vote a tax to build the same. But such meeting shall have no power to reduce the estimate made by the Commissioner aforesaid by more than twenty-five per centum of such estimate. 3 And where no tax for building such schoolhouse shall have been voted by such district within thirty days from the time of holding the first meeting to consider the question, it shall be the duty of the trustees of such district to contract for the building of a schoolhouse capable of accommodating the children of the district, and to levy a tax to pay for the same, which tax shall not exceed the sum estimated as necessary by the Commissioner aforesaid, and which shall not be less than such estimated sum by more than twenty-five per centum thereof. But such estimated sum may be increased at any subsequent school meeting legally held in the district. § 457 Provision for outbuildings. 1 The trustees in the several school districts shall provide at least two suitable and convenient water-closets or privies for each of the schools under their charge, which shall be entirely separated each from the other, and have separate means of access, and approaches thereto separated by a substantial close fence not less than seven feet in height. It shall also be the duty of trustees to keep such out buildings in a clean and wholesome condition. 2 The board of education of each union free school district and of a city shall provide and maintain at least two suitable and convenient water-closets or privies for each of the schools under their charge, and in conformity with the provisions of this section. 3 Any expense incurred by the trustees of a common school district in carrying out the requirements of this section shall be a charge upon the district, when such expense shall have been authorized by the school commissioner within whose district the schoolhouse is located, and a tax may be levied therefor without a vote of the school district. Any expense incurred by the board of education in carrying out the foregoing provisions shall be a charge upon the district or city and payable out of any of the contingent funds thereof ; and a tax may be levied therefor with- out a vote of the district. 144 THE UNIVERSITY OF THE STATE OF NEW YOEK 4 A failure on the part of the trustees or a board of education to comply with the provisions of this section shall be sufficient grounds for their removal from office and for withholding from the district or city its share of the public moneys of the State. § 458 "When board of education may designate site without vote of district. A board of education in a union free school containing a population of five thousand or more may, without a vote of the qualified voters of said district, designate sites or additions thereto for schoolhouses. § 459 Cliange of site. No site of a schoolhouse shall be changed unless a majority of the legal voters present and voting at a district meeting shall adopt a resolution designating a new site and describing such site by metes and bounds. Such resolu- tion shall be adopted either by ballot or taking and recording the ayes and noes. § 460 Site, how designated. The designation of a site by any school district meeting shall be by written resolution con- taining a description thereof by metes and bounds, and such reso- lution must receive the assent of a majority of the qualified voters present and voting at said meeting, to be ascertained by taking and recording the ayes and noes, or by ballot. § 461 Sale of former schoolhouse or site. 1 When- ever the site of a schoolhouse shall have been changed, as herein provided, the inhabitants of a district entitled to vote, lawfully assembled at any district meeting, shall have power, by a majority of the votes of those present, to direct the sale of the former site or lot, and the buildings thereon and appurtenances or any part thereof, at such price and upon such terms as they shall deem proper; and any deed duly executed by the trustees of such district, or a majority of them, in pursuance of such direction, shall be valid and effectual to pass all the estate or interest of such school district in the premises. 2 When a credit shall be directed to be given upon such sale for the consideration money, or any part thereof, the trustees are hereby authorized to take in their corporate name such security by bond and mortgage, or otherwise, for the payment thereof, as thev shall deem best, and shall hold the same as a corporation, and account therefor to their successors in office and to the district, in the manner they are now required by law to account for moneys received by them; and the trustees of any such district and their successors may, in their name of office, sue for and EDUCATION LAW 145 recover the moneys due and unpaid upon any security so taken by them or their predecessors. § 462 Application of proceeds of sale. All moneys arising from any sale made in pursuance of the last preceding section, shall be applied to the expenses incurred in procuring a new site, and in removing or erecting thereon a schoolhouse, and improving and furnishing such site and house, and their appur- tenances, so far as such application shall be necessary; and the surplus, if any, shall be devoted to the purchase of school ap- paratus and the support of the school, as the voters of the district at any meeting shall direct. § 463 Acquisition of real property. Eeal property may be acquired in any school district and in any city except a city of the first or second class, for school purposes and for any other purpose for which such property may be acquired as pro- vided in this chapter, as follows: 1 By gift, grant, devise or purchase. 2 By condemnation, if an agreement can not be made with the owner for the purchase thereof. Such proceedings shall be insti- tuted and conducted by the trustee or board of education, in the name of the district under the provisions of the condemnation law. 3 This section does not permit the acquisition by condemna- tion of less than the whole of a city or village lot with the erec- tions and improvements thereon. [Amended by L. 1913, ch. 221.'] § 464 When owner's consent necessary. The fol- lowing property can not be acquired without the consent of the owner: 1 A homestead occupied as such by the owner, except such portion thereof as may appear to the court to be unnecessary for the reasonable use and enjoyment of the homestead. 2 A garden, orchard or any part thereof, not within a city, which has existed for a period of one year prior to the beginning of the condemnation proceedings. 3 A yard or enclosure, or any part thereof, necessary to the use or enjoyment of buildings. 4 Fixtures or erections for the purpose of trade or manufac- ture, which have existed for a period of one year prior to the beginning of the condemnation proceedings. [Amended by L. 1911, ch, 782,] ' 146 THE UlflVERSITT OF THE STATE OF NEW YORK 5 The second and third subdivisions of this section shall not be construed as prohibiting the acquisition by condemnation of the whole of a city or village lot together with the erections an(J improvements thereon. [Suhdivlsion 5, added by L. 1920, ch 195, in effect April IJ^, 1920.'] § 465 Vesting of title of lands in certain cases. Boards of education in cities of the third class are hereby clothe with all the powers of trustees, and the title to any and all land acquired in any city under the provisions of section 463 of thi chapter shall vest in the board of education thereof, or such othe corporate body as is by law vested with the title to the schoo lands in such city. But nothing herein contained shall be con- strued to limit or circumscribe the powers and duties heretofore lodged in such board of education by law. § 466 Application to certain districts. The pro- vision of section 463 of this article shall apply to union free school districts and to districts organized under special laws; and the trustees of such districts and the boards of educatio organized under special laws shall be and are hereby clothed wit. all the powers vested in trustees in the three preceding sections. § 467 School taxes and school bonds. 1 A majori of the voters of any school district, present at any annual or special district meeting, duly convened, may authorize such acts and vote such taxes as they shall deem expedient for making additions, alterations, repairs or improvements, to the sites or buildings belonging to the district, or for the purchase of other sites or buildings, or for a change of sites, or for the purchase of land and buildings for agricultural, athletic, playground or social center purposes, or for the erection of new buildings, or for buy- ing apparatus, implements, or fixtures, or for paying the wages of teachers, and the necessary expenses of the school, or for such other purposes relating to the support and welfare of the school as they may, by resolution, approve. [Subdivision 1 amended by L, 1913, ch. 221.] 2 On all propositions arising at said meetings involving the expenditure of money, or authorizing the levy of a tax in one sum or by instalments, the vote thereon shall be by ballot, or ascertained by taking and recording the ayes and noes of such qualified voters attending and voting at such meetings; and they may direct the moneys so voted to be levied in one sum, or by instalments. EDUCATION lAW 14:1 ''^^hl\ 3 !N'o addition to or change of site or purchase of a new site oftijpj tax for the purchase of any new site or structure, or for the urchase of an addition to the site of any schoolhouse, or for the urchase of land and buildings for agricultural, athletic, play- Iground or social center purposes, or for building any new school- house or for the erection of an addition to any schoolhouse already built, shall be voted at any such meeting in a union free school district unless a notice by the board of education stating that such tax will be proposed, and specifying the object thereof and liei the amount to be expended therefor, shall have been given in the ioo manner provided herein for the notice of an annual meeting. In a common school district the notice of a special meeting to authorize any of the improvements enumerated in this section shall be given as provided in section 197. [Subdivision 3 amended hy L. 1913, ch. 221.'] 4 And whenever a tax for any of the objects hereinbefore specified shall be legally voted the board of trustees or board of education shall make out their tax list, and attach their war- rant thereto, in the manner provided in article 15 of this chapter, for the collection of school district taxes, and shall cause such taxes or such instalments to be collected at such times as they shall become due. 6 1^0 vote to raise money shall be rescinded, nor the amount thereof be reduced at any subsequent meeting, unless it be an adjourned meeting or a meeting called by regular and legal notice, which shall specify the proposed action, and at which the vote upon said proposed reduction or rescinding shall be taken by ballot or by taking and recording the ayes and noes of the qualified voters attending and voting thereat. ARTICIiE 17 School District Bonds § 480 Issuance of school district bonds. 1 For the purpose of giving effect to the provisions of section four hundred and sixty-seven of this chapter, trustees or boards of education are hereby authorized, whenever a tax shall have been voted to be col- lected in installments, for the purpose of building a new school- house, or building an addition to a schoolhouse, or making addi- tions, alterations or improvements to buildings or structures belong- ing to the district or city, or for the purchase of a new site or for 148 THE UN^IVEESITY OF THE STATE OF NEW YOEK an addition to a site, or for tlie purchase of land or buildings for agricultural, athletic, play-ground, or social center purposes, to borrow so much of the sum voted as may be necessary, at a rate of interest not exceeding six per centum, and to issue bonds or other evidences of indebtedness therefor, which shall be a charge upon the district, and be paid at maturity, and which shall not be sold below par. In districts having an aggregate valuation of real property of one million dollars or over, no bonds shall be here- after issued which make the total bonded indebtedness, at any time, exceed ten per centum of the aggregate assessed valuation of the real property within the bounds of such school district. [Subdi- vision 1 amended by L. 1913, ch. 221; and L. 1920, ch, 162, in effect April 10, 1920,] 2 Notice of the time and place of the sale of such bonds shall be given by the trustees or board of education at least ten days prior thereto by publication twice in two newspapers, if there be two, or in one newspaper if there be but one published in such district. But if no newspaper shall then be published therein, the said notice shall be posted in at least ten of the most public places in said district ten days before the sale. 3 It shall be the duty of the trustees or the persons having charge of the issue or payment of such indebtedness, to transmit a statement thereof to the clerk of the board of supervisors of the county in which such indebtedness is created, annually, on or before the first day of ]!^ovember. 4 When such bonds are sold by a union free school district whose boundaries are the same as the boundaries of an incorpo- rated village or city, such bonds shall be signed by the president and clerk of the board of education and delivered to the treasurer of such village or city who shall countersign them and give notice of the sale thereof in like manner as is provided for the notice of sale of bonds in subdivision 2 of this section. The proceeds of the sale of such bonds shall be paid into the treasury of said incorporated village or city, to the credit of the board of education. 5 When such bonds are sold by a common school district the payment or collection of the last instalment shall not be extended beyond twenty years from the time such vote was taken. 6 All of the provisions of the general municipal law relative to the method of the registry of municipal bonds and the con- version of coupon into registered bonds shall apply to bonds issued EDUCATION LAW 149 pursuant to the provisions of this section, except that the duties therein required to be performed by the clerk of a municipal corporation shall be performed by the clerk of the school district. [Subdivision 6 added by L. 191J/., ch. 31.'] 7 A trustee, board of education, qualified elector or taxpayer of a school district, a purchaser of school district bonds or other evidence of indebtedness issued and sold as provided in this section, or a person holding any of such bonds or evidences of indebtedness may institute a proceeding before the Commissioner of Education, in accordance with rules and regulations to be pre- scribed by him, for the purpose of ratifying and confirming the proceedings of a district meeting authorizing the levy and col- lection of a tax payable in instalments as provided in section 467 of this chapter, and the proceedings and official acts of a trustee, board of trustees or board of education of such district under this section, and for the purpose of legalizing and validating the bonds or other evidences of indebtedness of such district issued and sold under this section. If it appear to the satisfaction of the Com- missioner that the acts and proceedings of district officers and meetings pertaining to the levy and collection of taxes payable in instalments for the objects specified in such section 467 of this chapter, and of the trustees and boards of education and other district officers pertaining to the issuance and sale of such bonds, substantially complied with the provisions of this chapter, he shall render a decision ratifying and confirming such acts and proceedings, and may in a proper case issue an order directing that a tax be levied for the payment of the principal and interest of such bonds or other evidences of indebtedness. If there has been a fair expression of the will of the qualified electors of the district and it appears that the action taken was not affected or prejudiced by defects in, or failure to give, the notice required by statute, or if it appears that the failure to take, or a defect in, any step in the acts or proceedings of district officers or meetings did not influence materially the result of such meetings, the Com- missioner may disregard such defects or failure and determine that there has been a substantial compliance with the statute. The decision of the Commissioner of Education in such proceeding shall have the same force and effect as a decision rendered by him in an appeal brought as provided in section 880 of this chapter. [Subdivision 7, added by L. 1917, ch. JflS, in effect May 8, 1917.] 160 THE U]S:iVEBSITY OF THE STATE OF NEW YOEK Legalizing School Bonds; Rate of Interest General Municipal Law ARTICLE 2-a [Inserted by L. 1911, ch. 769] Legalizing Bonds or Proceedings for Issuance Section 22 Legalizing proceedings 23 Petition 24 Notice of presentation of petition; filing; answer 25 Hearing 26 Determination of court 27 Appeal 28 Effect of determination 29 Definitions § 22 Legalizing proceedings. Proceedings heretofore or hereafter taken by a municipal corporation authorized by law to issue bonds, or by its officers, agents or voters, pursuant to a statute authorizing or requiring such proceedings, may be legal- ized and confirmed by the supreme court in the manner and with the effect provided by this article. A proceeding may be instituted hereunder for the purposes of legalizing and confirming such pro- ceedings taken prior to the issuance and sale of such bonds, or for the purpose of legalizing and confirming such preliminary proceedings and also the issuance, sale and form of such bonds. Such a proceeding may be instituted by the officer or officers of such municipal corporation authorized or required by law to sell suoh bonds, or if the purpose of such proceeding also includes the legalizing and confirming of the proceedings in respect to the issuance, sale and form of such bonds, by any taxpayer of the municipal corporation or by a purchaser or holder of such bonds. § 23 Petition. The officer or person commencing such proceeding shall present a verified petition to a special term of the Supreme Court held within the judicial district in which such municipal corporation is wholly or partly situated, stating the statute under which it is proposed to issue such bonds or under which such bonds were issued, the purpose thereof, the aggregate amount of bonds proposed to be issued or issued, the time when such bonds are payable, and all proceedings that have been taken by the municipal corporation, or by its officers, agents or voters, in respect to the issuance and sale of such bonds, and praying that such court shall investigate the law and facts in relation to such proceedings and determine whether such proceedings substantially complied with the statute under which it is proposed to issue and sell such bonds, or under which such bonds were issued and sold. EDUCATION LAW 151 Such petition may also state any particular in which the petitioner deems that such proceedings may not have complied with the statute under which it is proposed to issue and sell such bonds, or under which the same were issued and sold. § 24 Notice of presentation of petition; filing; answer. A notice stating the time and place of the presenta- tion of such petition and briefly describing the proceedings sought to be legalized and confirmed shall be published at least twice in newspaper, if any, published in the municipal corporation, or no newspaper be published therein, in a newspaper published 4n the city, village or town nearest to such municipal corporation. Such publication shall be made at least twenty and not more than thirty days prior to the date of such hearing. Such notice shall also be posted in at least ten conspicuous public places in the municipal corporation. If such proceeding be instituted by a tax- payer, or a purchaser or holder of bonds which have been issued, such notice shall also be served upon the mayor of a city, the presi- dent of a village, the supervisor of a town, or the officer, board or commission authorized or required by law to sell such bonds, and upon any known purchaser or holder of such bonds. Such notice shall be so served personally or by mail at least twenty days before the date of such hearing and shall be accompanied by the petition proposed to be presented at such hearing, and at least ten days prior to such hearing such municipal corporation may serve on the petitioner a verified answer to such petition. If such proceeding be instituted by a municipal officer or officers, a copy of the peti- tion proposed to be presented at the hearing shall be filed in the office of the officer or officers authorized or required by law to sell such bonds. At any time prior to such hearing a taxpayer of such municipality, or if such bonds have been issued, a holder or purchaser may file in such office a verified answer to such petition. § 25 Hearing. At the time of such hearing any taxpayer of the municipal corporation, or if such bonds have been issued, any holder or purchaser thereof may intervene and with the con- sent of the court be made a party thereto. Upon such hearing any party to such proceeding may appear, by counsel, and may produce and examine witnesses as to the proceedings taken in respect to the issue and sale of such bonds. Such witnesses shall be subject to cross-examination by any party appearing at such hearing. The court may appoint a referee to take testimony in respect to the proceedings for the issuance and sale of such bonds and may 162 THE UNIVERSITY OF THE STATE OF NEW YOEK otherwise require the parties thereto to produce proof, by affidavit jitli or otherwise, of any facts which may tend to enable the court to h make a full and complete determination in respect to the pro- m ceedings for the issuance and sale of such bonds. § 26 Determination of court. If, after such hearing and investigation, such court is satisfied that the statute under which such proceedings were taken authorized bonds to be issued by the municipal corporation for the aggregate amount for which it is proposed to issue the same, or for the amount of bonds issued and sold thereunder if such bonds have been already issued and sold, and that the proceedings taken by such municipal corporation, its officers, agents or voters, prior to the issuance and sale of such bonds, or including the issuance and sale of such bonds have been already issued, substantially complied with the statute under which it is proposed to issue such bonds, or under which such bonds were issued and sold, the court, may, by order, legalize and confirm the proceedings taken prior to the issue and sale of such proposed bonds, or if such bonds have been issued, including the proceedings on the issuance and sale thereof and the form of the bonds issued thereunder, with the same force and effect as though all the provisions of law in relation to such proceedings and formi had been strictly complied with. The court may determine that such statute was substantially complied with if it authorized the aggregate amount of bonds proposed to be issued or issued thereunder, that the proposition to issue such bonds was adopted at the election, if any, to which it was submitted or by the required vote of the meeting of the body or board to which it was submitted, and that such bonds, if issued and sold were sold at not less than par and at a rate of interest no greater than was authorized by the statute under which such bonds were issued, notwithstanding any irregularity or technicality in the form of proposition or resolution proposing or authorizing such issue, or in the notice of the election or of the meeting of the board or body adopting such resolution or authorization, or in the time or manner of service thereof, or in the conduct of the election or meeting at which such proposition or authorization was adopted, or in that such proposition was submitted more than once within one year or other shorter period than authorized by law, or, if such bonds have already been issued in the manner of issuance or sale thereof, or in the time or times of payment thereof, notwithstanding any other technical or formal irregularity of like nature in such pro- ceedings. If the court is satisfied that the proceedings for the issuance and sale of such bonds did not subtantially comply with I EDUCATION LAW 153 the statute under which it was proposed to issue and sell the same or under which the same were issued and sold, he may make an order accordingly specifying the particulars in which he deems that such proceedings failed to comply with such statute. § 27 Appeal. An appeal may be taken to the Appellate Division from the order of the Supreme Court legalizing and con- firming such proceedings, or refusing to legalize and confirm rhe same. Such appeal must be taken within ten days after the entry of the order, by the service of the notice of appeal upon all the parties to such proceeding who appeared personally or by counsel at the hearing before the Supreme Court. The decision of the Appellate Division thereon shall be final. § 28 Effect of determination. If the order of the Supreme Court legalizes and confirms such proceedings, upon the expiration of the time to appeal therefrom if no appeal be taken, or upon the entry of the final order of the Appellate Division con- firming such order of the Supreme Court, such proceedings, shall be deemed legalized and confirmed. If such proceeding was instituted to legalize and confirm proceedings prior to the issuance and sale of such bonds, the officer or officers of such municipal corporation authorized to issue such bonds may issue and sell the same accordingly, and the validity of such bonds shall not there- { after be in any manner questioned by reason of any defect or irregularity in such preliminary proceedings, and notwithstanding any such irregularity or defect shall be binding and legal obliga- tions upon the municipal corporation issuing and selling the same. If such proceeding was instituted to legalize and confirm the pro- ceedings for the issue and sale of bonds that were issued and sold at the time such proceeding was instituted, such bonds shall be valid and binding obligations upon the municipal corporation, in like manner, and the validity thereof shall not in any manner be questioned by reason of any irregularity or defect in the pro- ceedings for the issue and sale of such bonds, or in the form thereof. § 29 Definitions. The term " municipal corporation " as used in this article includes a city, county, village, town, school district, sewer district, water district, lighting district or any other district or territory authorized by law to issue bonds. The term " bonds " as used in this article includes bonds, corpo- rate stock, certificates of indebtedness or any other obligations whereby a municipal corporation agrees to pay a stated sum of money. 164 THE UNIVERSITY OF THE STATE OF NEW YORK Interest on Bonds (Greneral Municipal Law, Sec. 21) § 21 Maximum rate of interest on municipal bonds. If in any general or special law heretofore passed authorizing or requiring an issue of bonds by a municipal corpo poration, or by any department, board, commission, or officer thereof, a maximum rate of interest on the bonds to be issued thereunder be prescribed, the rate of interest on such bonds here- after issued in pursuance of such general or special law may be fixed by the department, board, commission or officer charged by law with the duty of issuing such bonds at any rate not more than the legal rate of interest, notwithstanding the provisions of such general or special law prescribing a different maximum rate. The term " municipal corporation " as used in this section includes a city, county, village, town, school district, sewer district, water district, lighting district or any other district or territory author- ized by law to issue bonds, and the term " bonds " includes bonds, corporate stock, certificates of indebtednc.-; or any other obligation whereby a municipal corporation agrees to pay a stated sum of money. [Added by L. 1911, ch. 57 SJ] ARTICLE 18 School Moneys Section 490 When apportioned and how applied 491 Apportionment of moneys appropriated for the support of com- mon schools 491-a Additional apportionment of school moneys 492 Conditions under which cities and districts are entitled to anl apportionment from the appropriation for the support of] common schools 493 Apportionment of moneys appropriated to cities, academies, academic departments and school libraries 494 Manner of certifying and paying apportionment provided for in preceding section 495 County treasurers to render annual report 496 Certificate of apportionment by Commissioner of Education 497 Moneys apportioned, when and how payable 498 Apportionment of school moneys by district superintendents 499 Duty of and payment to supervisor 500 Power of Comptroller to withhold payment of school moneys 601 Union free school district and city, a school district 502 Apportionment for support of training classes § 490 IVheii apportioned and lioiv applied. The amount annually appropriated by the Legislature for the support ! cipa EDUCATION LAW 165 f common schools shall be apportioned by the Commissioner of ducation on or before the twentieth day of January in each year hereinafter provided; and all moneys so apportioned shall be bplied exclusively to the payment of teachers' salaries. Jl" 11 § 491 Apportionment of moneys appropriated for 1,^ ll support of common schools. After setting apart there- om for a contingent fund not more than ten thousand dollars, tie Commissioner of Education shall apportion the money appro- bated for the support of common schools: 1 To each city and to each union school district which has a opulation of five thousand and which employs a superintendent f schools, eight hundred dollars. This shall be known as a super- ision quota. 2 To each district having an assessed valuation of twenty housand dollars or less, two hundred dollars. 3 To each district having an assessed valuation of forty thou- and dollars or less, but exceeding twenty thousand dollars, one undred and seventy-five dollars. 4 To each district having an assessed valuation of sixty thou- sand dollars or less, but exceeding forty thousand dollars, and to each Indian reservation for each teacher employed therein for a period of one hundred and eighty days or more, one hundred fifty dollars. [Subdivision 4 amended by L. 1917, ch. 71/., in effect March £0, 1917.] 6 To each of the orphan asylums which meet the conditions mentioned in article 35 of this chapter, one hundred and twenty- five dollars. * 6 To each of the remaining districts and to each of the cities in the State one hundred twenty-five dollars. The apportionment provided for by subdivisions 2, 3, 4, 5 and 6 shall be known as district quotas. 7 To each such district, city and orphan asylum for each addi- tional qualified teacher and his successors by whom the common schools have been taught during the period of time required by law, one hundred dollars. The apportionment provided for by this subdivision shall be known as the teachers' quota. 8 To a school district or a city which has failed to maintain school for one hundred eighty days or which has employed an extra teacher for a shorter period than one hundred eighty days such part of a district or teacher's quota as seems to him equitable when the reason for such failure is in his judgment sufiicient 156 THE UNIVERSITY OF THE STATE OF NEW YORK to warrant such action; but in case such failure to maintain I ^] school in such district or city for a period of one hundred eighty in days was caused by the prevalence of an infectious or contagious itioi disease in the community, the Commissioner may in his discretion apportion to such district or city full district and teachers' quotas [Subdivision 8 amended by L. 1917, ch. Ik, in ejfect March 20, 1917.'] 9 To each separate neighborhood such sum as in his opinion it is equitably entitled to receive upon the basis of distribution established by this article. 10 All errors or omissions in the apportionment whether made by the Commissioner of Education or by the school commissioner shall be corrected by the Commissioner of Education. Whenever i| a school district has been apportioned less money than that to which it is entitled the Commissioner of Education may allot to such district the balance to which it is in his judgment entitled and the same shall be paid from the contingent fund. Whenever a school district has been apportioned more money than that to which it is entitled the Commissioner of Education may, by an order under his hand, direct such moneys to be paid back into the hands of the county treasurer by him to be credited to the schoo fund, or he may deduct such amount from the next apportionmen to be made to said district. 11 The Commissioner of Education may also in his discretio excuse the default of a trustee or a board of education in employe ing a teacher not legally qualified, legalize the time so taught am authorize the payment of the salary of such teacher. § 491 -a Additional apportionment of school moneys. 1 In addition to any other apportionment or quota provided for in this article, to be applied to the payment of teachers' salaries, the commissioner of education shall apportion and pay annually, at the same time and in the same maimer as public school moneys are apportioned and paid under this article, or prior thereto in the discretion of the commissioner of educa- tion, to each city school district and to each common or union free school district, from moneys appropriated for the support of com- mon schools, for each teacher employed in the school or schools of such district who shall have taught during the period required by law, as follows : (a) In cities of the first class containing a population of over one million, six hundred dollars. EDUCATION ]LAW 157 ((b) In cities of the first class containing a population of less an one million; in cities of the second class containing a popu- tion, according to the federal census of nineteen hundred and Yenty, of over one hundred and fifty thousand; in a city school istrict in a city of the third class adjoining a city of the first ass containing a population of less than one million ; and in cities p the second and third classes in a county adjoining a city having population of over one million, which county has a population jf over three hundred thousand, five hundred and fifty dollars. (c) In other cities of a population of fifty thousand or more Ind in union free school districts wholly situated within such ities, four hundred and fifty dollars. (d) In other cities of a population of less than fifty thousand nd in union free school districts authorized by law to have super- ntendents of schools three hundred and fifty dollars. ^(e) In other union free school districts maintaining academic apartments, three hundred dollars. (f) In each other school district employing more than one teacher, two hundred and fifty dollars. (g) In each other school district employing but one teacher and having an assessed valuation exceeding one hundred thousand (dollars, two hundred dollars, (h) In each other school district employing but one teacher and having an assessed valuation of one hundred thousand dollars or _ less, two hundred dollars, and in addition* thereto the sum of two dollars for each entire thousand dollars that the assessed valuation of such district is less than one hundred thousand dollars. 2 The additional teachers' quotas herein provided for shall be apportioned subject to the following conditions: (a) The schedules and schedule conditions required by article thirty-three-b of this chapter, as hereby amended, shall have been duly filed, and the salaries and salary increments of members of the teaching and supervising staffs of city and union free school districts shall be not less than those prescribed in such article and shall be fixed as therein provided. (b) There shall be paid to each teacher in a city, except a city of the first class, and to each teacher in a union free school dis- trict on account of whom a teacher's quota is apportioned as herein provided, for the school year beginning August first, nine- teen hundred and twenty, an amount at least equal to the quota so apportioned, in excess of the annual salary paid to such teacher in such city or union free school district as provided in schedules k 168 THE UNIVERSITY OF THE STATE OF NEW YOEK or contracts in force on March first, nineteen hundred and nine- h teen. If, for sufiicient cause shown to the satisfaction of the com- f missioner of education, the annual salary of a teacher in such city or union free school district shall have been increased in an amount less than that of such teacher's quota, the commissioner f[ may apportion to such city or district on account of such teacher the whole or a portion of such quota. (c) In case new positions are created and additional teachers are employed, or teachers are employed who were not on the i teaching staff of a city or union free school district when this act takes effect, such teachers shall receive for the school year begin- ning August first, nineteen hundred and twenty, the salaries pre- scribed under the schedules and schedule conditions adopted as provided in article thirty-three-^b of this chapter, as hereby amended, and in force and effect on and after August first, nine- teen hundred and twenty. (d) The additional teachers' quotas apportioned as herein pro- vided shall be based on the number of teachers employed in eac city, union free and common school district for the school yea preceding the time when such apportionment is made. (e) The commissioner of education may in his discretion with- hold from a city or union free school district the whole or a por tion of a teacher's quota to be apportioned as herein provided, fo: a failure on the part of a board of education to comply with th provisions of article thirty-three-b of this chapter, as amended, or with the provisions of this section, or for a refusal or failure to place such teacher in a position in the schedule or under such schedule conditions to which she is justly entitled. 3 The trustees or board of education in each school district, except a city school district, and a union free school district in which schedules of compensation or salaries are required to be filed as provided in article thirty-three-b of this chapter, shall pay to each teacher employed in such district a compensation or a salary which shall be not less than at the rate of eight hundred dollars for a school year of forty weeks. Such minimum com- pensation or salary shall become effective for the school year beginning August first, nineteen hundred and twenty, and con- tinue annually thereafter. If such teacher shall be paid at such rate for a school year of less than forty weeks, the quota appor- tioned to such district on account of such teacher as provided herein shall be reduced proportionately. BDUOATIOlir lAW 159 4 The apportionments of additional teachers' quotas provided )r in this section are for the purpose of aiding city, union free ad common school districts in paying the increased salaries of jachers as herein provided, and the sums so apportioned to such ity, union free and common school districts shall he applied for ich purpose and such sums shall not in any case be placed in the ity treasury of any city to the credit of the general fund of such ity for the reduction of taxation therein, notwithstanding any revision to the contrary contained in the charter of such city or h any act relating to such city or in any general, special or local ct. \^ Added hy L. 1919, ch. 6^5, and amended hy L. 1920, ch, 80, in effect May 10, 1920. The sum of $22,550,000 was appro- mated hy the legislature to carry out the provisions of ch. 680 of 1920.] § 492 Conditions under ivhicli cities and districts kre entitled to an apportionment from the appro- priation for tlie support of common schools. 1 The jommissioner of education shall make no allotment of a super- dsion quota to any city or district unless satisfied that such city i)r district employs a competent superintendent whose time is 'exclusively devoted to the supervision of the public schools of such 3ity or district ; nor shall he make any allotment to any district in the first instance without first catising an enumeration of the inhabitants to be made which shall show the population thereof to be at least four thousand five hundred, the expense of such enumeration, as certified by said commissioner, shall be paid by the district in whose interest it is made. The population shown by the last state or federal census or village enumeration may be accepted by said commissioner whenever the village and school district boundaries coincide. ^Subdivision 1 amended hy L. 1920, ch. IJfl, in effect July 1, 1920.] 2 No district shall be entitled to any portion of such school moneys on such apportionment unless the report of the trustees for the preceding school year shall show that a common school was supported in the district and taught by a qualified teacher or by successive qualified teachers for at least one hundred and eighty days, inclusive of legal holidays that may have occurred during the term of said school and exclusive of Saturdays. [Suh- division 2 amended hy L. 1913, ch. 511.] 3 N'o Saturday shall be counted as part of said one hundred and eighty days of school and no school shall be in session on 160 THE UNIVERSITY OF THE STATE OF NEW YORK a legal holiday, except general election day, Washington's birth- day and Lincoln's birthday. A deficiency not exceeding six days during any school year caused by a teacher's attendance upon teachers conferences held by district superintendents of schools within a county, shall be excused by the Commissioner of Edu- cation. In common school districts the term of school shall begin each year on the first Tuesday of September. [Former subdi- vision 4- J renumbered subdivision 3 and amended by L. 1918, ch. 511.'] § 493 Apportionment of moneys appropriated to cities, academies, academic departments and school libraries. The commissioner of education shall apportion the money annually appropriated for the support of cities, academies, academic departments and school libraries in accordance with regulations established or to be established by h.im as follows : 1 To each city, union school district and non-sectarian academy two hundred dollars for each year of academic instruction main- tained therein up to and including the fourth year of high school work. This apportionment shall be known as the academic quota. [Subdivision 1 amended hy L. 1920, ch. 680, in ejfect May 10, 1920.] 2 To each non-sectarian private academy an allowance equal to the amount raised from local sources but not to exceed two hundred fifty dollars annually for approved books, reproductions of standard works of art, and apparatus. [Subdivision 2 amended hyL. 191J^, ch.216.] 3 To each city an allowance equal to the amount raised from local sources but not to exceed eighteen dollars and two dollars additional for each duly licensed teacher employed therein for the legal term, and two hundred fifty dollars for each academic department maintained by it for approved books, reproductions of standard works of art and apparatus. [Subdivision S amended hy L. 191Jf, ch. 216.] 4 To each union free school district maintaining an academic department an allowance equal to the amount raised from local sources, but not to exceed two hundred sixty-eight dollars annually" and two doUars additional for each teacher employed in said district for the legal term for approved books, reproductions of standard works of art and apparatus. [Subdivision Jf. (miended hy L. 19U, ch. 216.] 5 To all other school districts an allowance equal to the amount raised from local sources but not to exceed eighteen dollars EDUCATION LAW 161 nually and two dollars additional for each duly licensed teacher ployed in said district for the legal term for approved books, oj 3rodiictions of standard works of art, geographical maps, a )be and school apparatus. \_Suhdivision 5 amended by L. 1914, 216.'] 6 To each city and union school district maintaining an aca- mic department, fifty dollars per year for at least thirty-six seks' instruction or a proportionate amount if for eight weeks more for each nonresident pupil attending the academic partment of such school from districts not maintaining such ademic departments and who shall be admitted to such aca- mic departments without other expense for instruction than at provided herein. But pupils residing in districts not main- ining a four-year curriculum may be included in this appor- mment after having completed the course of study prescribed r the school in the district in which they reside. In the appor- >nment to cities and union school districts whose customary arge for nonresident pupils was on May fifth, nineteen hun- ed and nineteen, greater than the sum provided by this sub- vision, the commissioner of education may permit the sum so >portioned to be applied upon such customary charge for such >nresident pupils, provided the balance of such customary charge all be assumed by the school district in which such nonresi- mt pupil is resident, and the payment thereof shall have been :ovided for at a school district meeting held in such district ' the said balance shall have been paid by the parents or guar- ans of such pupils to the proper officer of the city or district aintaining the high school or academic department attended by ich pupils. Where a district is so situated that its academic apils can be more conveniently instructed in the academic depart- .ent of a school located in another state, the commissioner of lucation is hereby authorized to make the same apportionment such district, annually, to be applied in payment of the tuition : each such academic pupil so instructed outside the state, as he lall be authorized by law to make for the instruction of academic apils within the state, and upon the same conditions. {Sub- ivision 6 amended hy L. 1912, ch. 276; L. 1913, ch. 399; L, 915, ch. 2U; L. 1919, ch. 368; and hy L. 1920, ch. 680, in effect Iwy 10, 1920.] 6-a To each city and union free school district maintaining an 3ademic department an apportionment shall be made for the 6 162 THE UNIVERSITY OF THE STATE OF NEW YORK instruction of each nonresident pupil attending such academic) department from military reservations located within the bound-j aries of the state of New York but under the jurisdiction of thej United States in the same amount and upon the same conditionsj as specified in subdivision six of this section. \_Subdivision 6-a\ added by L. 1920, ch, 501, in effect May Jf, 1920.'] \ 7 After the payment of the allowance herein provided for tkj balance shall be divided among the several cities, school districtaj and academies maintaining academic departments on the basis) of aggregate days' attendance of academic pupils therein. } 8 The Commissioner shall set aside at the beginning of thej fiscal year a sum which in his opinion will be sufficient to paji the allowances for books and apparatus herein provided before making the other apportionments as directed by this article. The' allowances for books and apparatus shall be apportioned and paidi as often during each year as the Commissioner may determined All other apportionments above provided for shall be made so far! as possible during the month of October each year on the basis! of the reports of the previous year. I 9 To entitle a city, academy, academic department or schooij library to an apportionment from this fund the school authorities! having control must render a satisfactory report for the preceding' year to the Commissioner of Education before the twentieth da} of September in each year unless such neglect is excused by th(j Commissioner for sufficient reason. They must also have complied with all Regents' laws and ordinances during the preceding acai demic year. ! § 494 Manner of certifying and paying appor-' tionment provided for in preceding section. Payment; from this fund shall be made to the county treasurer of each county for all schools located in such county, by the State Treasurer on th(. warrant of the Comptroller or the certificate of the Commissionei' of Education. The Commissioner of Education immediately aftci making an apportionment shall certify, or cause to be certific <^. to the county treasurer of every county included in such appor tionment, excepting those counties included within the territorv of the city of New York, with respect to his county, the name "f each academy, the number of each school district and the to^v]) in which it is situated and the name of each city to which money! has been allotted and the amount allotted to each. The county, treasurer shall, upon the receipt of such certificate and payment! EDUCATION LAW 163 om the State Treasurer, pay to the treasurer, if there be one, herwise to the disbursing officer or collector of each school dis- ict, academy and city named in the certificate of the Commis- oner of Education, the amount to which said district, academy • city is entitled as shown by such certificate. Any apportion- ent which shall be made to the city of New York shall be cer- fied and paid to the chamberlain of the city of E'ew York, and ly apportionment which shall be made to any private academy tuated within the territory of the city of 'New York, shall be jrtified and paid directly to the disbursing officer of the academy > which the apportionment is made. [Amended by L. 1912, . 77.] § 495 County treasurers to render annual report* lie county treasurers of the State shall, upon the first day of >ctober of each year and at such other times as the Commis- oner of Education may require, make a report for the preceding T to the Commissioner of Education, showing the amount of loney received by them from this fund and the school districts, ties or academies to which such money has been paid and the mount paid to each, and the amount, if any, remaining in their ands unclaimed by any school district, city or academy together ith any other fact relative to the disbursement of this fund ^hich said Commissioner may require. § 496 Certificate of apportionment by Commis- ioner of Education. As soon as possible after the making of ny annual or general apportionment, the Commissioner of Edu- ation shall certify it, or cause it to be certified, to the county lerk, county treasurer, district superintendents, and city treas- rer or chamberlain, in every county in the State ; and if it be a applemental apportionment, then to the county clerk, county reasurer and district superintendents of the county in which the choolhouse of the district concerned is situated. [Amended hy /. 1912, ch. 77.1 § 497. Moneys apportioned, ivlien and ho-w pay- ible. At least one-half of the moneys so annually apportioned y the Commissioner of Education shall be payable on or before tie first day of March and the remaining part of such moneys on or «fore the fifteenth day of May, in each year, next after such pportionment, to the treasurers of the several counties and the amberlain of the city of New York, respectively ; and the said asurers and the chamberlain shall apply for and receive the e as soon as payable. The county treasurer shall pay to the 1G4 THE UNIVERSITY OF THE STATE OF NEW YOKE city treasurer of each city aiid the treas.urer of each union fr school district having a population of five thousand or more in- habitants and in which a superintendent of schools has been ap- pointed, situated within his county, all school moneys apportioned to such city or district as provided by sections 491, 492 and 604 )i of this chapter. [Amended by L. 191J^, ch. 52.'] § 498 Apportionment of school moneys by district superintendents. The district superintendent of schools (1 shall, on or before the fifteenth day of February in each year, r apportion the supervision, district and teachers' quotas to thet several districts entitled thereto, within his supervisory district, | as shown by the certificate of the Commissioner of Education to the j said district superintendent He shall procure from the super- 1 visors of the towns in his district a transcript showing the uiv \ expended moneys in their hands applicable to the payment Cx I teachers' salaries. The amounts in each supervisor's hands shall i be charged as a partial payment of the sums apportioned to the town teachers' salaries. He shall procure from the county treasurer a full list statement of all payments to him of moneys for or on acco of fines and penalties, or accruing from any other source, for benefit of schools and of the towns or districts for whose benefit the same were received. Such of said moneys as belong to a particular district, he shall set apart and credit to it; and such as belong to the schools of a town he shall set apart and credit to the schools in that town, and shall apportion them together with such as belong to the schools of the county as hereinafter provided for the payment of teachers' salaries. He shall sign, in duplicate, a certificate, showing the amounts j apportioned and set apart to each school district and part of a \ district, and the towns in which they were situated, and shall ^ forthwith deliver one of said duplicates to the treasurer of thej county and transmit the other to the Commissioner of Education. \ He shall certify to the supervisor of each town, in his super- 1 visory district the amount of school moneys apportioned to each ; district or part of a district of his town for teachers' wages. I [Amended by L. 1913, ch. ISO.] j § 499 Duty of and payment to supervisor. On re- 1 ceiving the certificate of the school commissioners, each super- visor shall forthwith make a copy thereof for his own use, and deposit the original in the office of the clerk of his town ; and the tnei th(*| EDUCATION LAW 165 oneys so apportioned to his town shall be paid to him imme» ately on his compliance with the requirements of section 3 63 of is chapter. § 500 Power of Comptroller to "withhold payment P school moneys. The Comptroller may withhold the pay- ent of any moneys to which any county may be entitled from .e appropriation of the incomes of the school fund and the aited States deposit fund for the support of common schools, til satisfactory evidence shall be furnished to him that all tiioneys required by law to be raised by taxation upon such county, ic T the support of schools throughout the State, have been collected [id paid or accounted for to the State Treasurer. § 501 Union free school district and city, a school istrict. Every union free school district and every city having 1 organized city system of schools shall, for all the purposes of e apportionment, distribution, payment and withholding of hool moneys, be regarded and recognized as a school district. § 502 Apportionment for support of training asses. The commissioner of education shall apportion the oney annually appropriated for the support of training of jachers as follows: 1 To each academy and union free school district which has laintained a training class in accordance with the provisions of rticle thirty-one of this chapter and with the regulations pre- 3ribed by the commissioner of education, the sum of seven hun- red dollars. The commissioner of education may in his discre- on make an allowance to each academy and union free school istrict in such amount as he may deem advisable, not greater lan the amount herein prescribed, notwithstanding the failure r default of such academy or union free school district in main- lining such training class with the number of members required nd for the term prescribed by section seven hundred and ninety- ne of this chapter. [Subdivision 1 amended hy L. 1920, ch. 56, n ejfed March 23, 1920.] 2 The balance of the money appropriated for such purpose fhall be apportioned to the cities of the state which maintain raining schools in accordance with the provisions of articles wenty and thirty-one of this chapter and with the regulations pre- jcribed by the commissioner of education, ratably according to the iggregate attendance of the pupils regularly admitted to such raining schools. 166 THE UNIVERSITY OF THE STATE OF NEW YOEK i ARTICLE 19 Trusts for Schools; Gospel and School Lots Section 520 Property to be held in trust for common schools 621 Control and supervision of trusts for common schools 522 Report of trusts to Commissioner of Education 523 Report of supervisor regarding gospel or school lota 624 Apportionment of gospel funds 525 Authorization of apportionment of gospel funds 626 Payment of apportionment of gospel funds 627 Bond required of collector or treasurer 628 Application of moneys § 520 Property to be held in trust for common^ scliools. Eeal and personal estate may be granted, conveyed,' devised, bequeathed and given in trust and in perpetuity or other- wise, to the State, or to the Regents or to the Commissioner of Education for the support or benefit of the common schools, v^ithin the State, or within any part or portion of it, or of any particular' common schools within it; and to any county, or the school com- missioners of any county, or to any city or any board of officers thereof, or to any school commissioner district or its commissioner, or to any town, or supervisor of a town, or to any school district or its trustees, for the support and benefit of common schools within such county, city, school commissioner district, town or school district, or within any part or portion thereof respectively, or for the support and benefit of any particular common schools therein. !N'o such grant, conveyance, devise or bequest shall be held void for the want of a named or competent trustee or donee, but where no trustee or donee, or an incompetent one is named, the title and trust shall vest in the people of the State, subject to its acceptance by the Legislature, but such acceptance shall be presumed. § 521 Control and supervision of trusts for com- mon schools. The Legislature may control and regulate the execution of all such trusts; and the Commissioner of Education shall supervise and advise the trustees, and hold them to a regular accounting for the trust property and its income and interest at such times, in such forms, and with such authentications, as he shall, from time to time, prescribe. § 522 Report of trusts to Commissioner of Educa- tion. The common council of every city, the board of super- visors of every county, the trustees of every village, the supervisor )ts lo; EDUCATION LAW 167 f every town, the trustees of every school district, and every other flficer or person who shall be thereto required by the Commis- ioner of Education shall report to him whether any, and if any, ^hat trusts are held by them respectively, or by any other body, fficer or person to their information or belief for school purposes, ind shall transmit, therewith, an authenticated copy of every dll, conveyance, instrument or paper embodying or creating the rust ; and shall, in like manner, forthwith report to him the crea- ion and terms of every such trust subsequently created. § 523 Report of supervisor regarding gospel or ;cliool lots. Every supervisor of a town shall report to the commissioner of Education whether there be, within the town, any gospel or school lot, and, if any, shall describe the same, and state what use, if any, it is put by the town ; and whether it be leased, md, if so, to whom, for what term and upon what rents; and whether the town holds or is entitled to any land, moneys or iecurities arising from any sale of such gospel or school lot, and he investment of the proceeds thereof, or of the rents and income )f such lots and investments, and shall report a full statement and iccount of such lands, moneys and securities. § 524 Apportionment of gospel funds. It shall be awful for the supervisor of any tovm having money arising from the sale of gospel lands, and known as gospel funds, to apportion mch funds among the several school districts of his respective town as hereinafter provided. § 525 Authorization of apportionment of gospel Ifnnds. 1 The town board of any town having a gospel fund of five hundred dollars or less may authorize the supervisor of the town to apportion such fund among the several school districts of the town. 2 The voters of any town having a gospel fund of more than ^ve hundred dollars may at any regular or special town meeting authorize the supervisor of the town to apportion such fund among the several school districts of the town. § 526 Payment of apportionment of gospel funds. When such apportionment is authorized the supervisor shall pay to the collector, or if the district has a treasurer to the treasurer, of the several school districts of his town its pro rata share according to the aggregate school attendance of each school district in the preceding year. § 527 Bond required of collector or treasurer. The collector or the treasurer if the district has a treasurer, of 168 THE UNIVERSITY OF THE STATE OF NEW YORK each of such school districts shall execute and file with the super- visor of such town a bond of twice the amount of such apportion- ment with sufficient sureties, to be approved bj such supervisor. § 528 Application of moneys. Such moneys shall be held by such collector or treasurer and paid upon the written order of the trustee of the district for such purposes as the annual or a special meeting of the district shall direct. ARTICLE 20 Teachers and Pupils Section 550 Qualification of teachers 551 Minimum qualifications of teachers in primary and grammar schools 552 Regulations governing certification of teachers 553 Commissioner of Education to issue certificates 554 Indorsement of foreign certificates and diplomas 555 Certification of teachers by local authorities 556 Revocation of certificate by school commissioner 557 Unqualified teachers shall not be paid from school moneys 558 Penalty for payment of unqualified teacher 559 Teachers responsible for record books 560 Verification of school register 561 Contract with teacher 562 Penalty for teacher's failure to complete contract 563 Contract when teacher is related to trustee or member of board 564 Individual liability of trustee 565 Dismissal of teacher 566 Teacher's salary payable as often as monthly 667 Common schools free to resident pupils; tuition from nonresident pupils 668 Removal of superintendents, teachers and employees for treaso: able or seditious acts or utterances I i nt 1 § 550 Qualifications of teachers. I^o person shall he employed or authorized to teach in the public schools of the State who is; 1 Under the age of eighteen years. 2 "Not in possession of a teacher's certificate issued under the authority of this chapter or a diploma issued on the completion of a course in a state normal school of this State or in the state normal college. 3 'Not a citizen. A person employed as a teacher on April 4, 1918, who was not a citizen, may continue in such employment provided he or she, within one year from such date, shall make application to become a citizen and within the time thereafter ij EDUCATION LAW 169 4 prescribed by law shall become a citizen. The provisions of this ^M ubdivision shall not apply to alien teachers who are citizens of ountries that were allied with this country in the prosecution of he war with Germany and who were employed as teachers in his State on or prior to April 4, 1918, provided such teacher nake application to become a citizen before the first day of Sep- ember, 1920 and within the time thereafter prescribed by law ihall become such citizen. [Amended by L. 1918, ch, 158, and 1919, ch. 120, in effect March 31, 1919.'] § 551 Minimum qualifications of teachers in pri- nary and grammar schools. ]\To person shall hereafter )e employed or licensed to teach in the primary and grammar jchools of any city or school district authorized by law to employ superintendent of schools who has not had successful experience n teaching for at least three years, or in lieu thereof has not com- pleted : 1 A course in one of the state normal schools of this state or in any approved college, prescribed by the commissioner of edu- 3ation. [Subdivision 1 amended by L. 1920, ch. 155, in effect April 5, 1920.] 2 An examination for and received a life state certificate issued in this state by a superintendent of public instruction or the commissioner of education. 3 A course of study in a high school or academy of not less than three years approved by the commissioner of education or from some institution of learning of equal or higher rank approved by the same authority, and who subsequently to the completion of such course has not graduated from a school for the professional training of teachers having a course of not less than two years approved by the commissioner of education or its equivalent. § 552 Regulations governing certification of teachers. The Commissioner of Education shall prescribe, sub- ject to approval by the Regents, regulations governing the exam- ination and certification of teachers employed in all public schools of the State. § 553 Commissioner of Education to issue certifi- cates. The Commissioner of Education may issue: 1 A life state certificate upon examinations only which shall entitle its holder to teach for life in the public schools of the State without further examination. 2 Such other certificates as Regents general rules shall pre- scribe. 170 THE UNIVERSITY OF THE STATE OF NEW YORK 3 A temporary license limited to a school district, school com- missioner district or city for a period not to exceed one year. § 554 Indorsement of foreign certificates and diplomas. The Commissioner of Education may in his dis- cretion indorse: 1 A diploma issued by a normal school of another state. 2 A certificate issued by the chief educational officer or state board of another state. Such indorsement confers on the holder of such diploma or certificate the privileges conferred by law on the holder of a nor- mal school diploma or state certificate issued in this State. § 555 Certification of teachers by local author- ities. A school commissioner, a city superintendent of schools \ or such other authority of a city as may be designated by a special j act or the city charter may issue such certificate as may be au- thorized by the Regents general rules or by such special act or city charter. § 556 Revocation of certificate by school com- missioner, A school commissioner shall examine any charge affecting the moral character of any teacher within his district, first giving such teacher reasonable notice of the charge, and an opportunity to defend himself therefrom ; and if he find the charge sustained, he shall annul the teacher's certificate, by whom- soever granted, and declare him unfit to teach; and if the teacher holds a certificate of the Commissioner of Education or of former superintendent of public instri^ction or a diploma of state normal school, he shall notify the Commissioner of Edu tion forthwith of such annulment and declaration. § 557 Unqualified teachers shall not be paid from school moneys. ]N'o part of the school moneys apportioned j to a district shall be applied to the payment of the salary of an j unqualified teacher, nor shall his salary, or any part thereof, be j collected by a district tax except as provided in section 491 of . this chapter. • § 558 Penalty for payment of unqualified teacher. [ Any trustee who applies or directs, or consents to the application ! of any district money to the payment of an unqualified teacher's j salary, thereby commits a misdemeanor; and any fine imposed upon him therefor shall be for the benefit of the common schools of the district. § 559 Teachers responsible for record boolis. Teachers shall keep, prepare and enter in the books provided for A EDUCATION LAW 171 :hat purpose, the school lists and accounts of attendance herein nentioned, and shall be responsible for their safekeeping and ielivery to the clerk of the district at the close of their engage- nents or terms. § 560 Verification of school register. 1 Each teacher shall, by his oath or affirmation, verify his entries in the school register provided by the Education Department, and the n tries shall constitute the school lists from which the average daily attendance shall be determined. Such oath or affirmation may be taken by the district clerk or trustee, but without charge. 2 A teacher shall not be entitled to his salary for the last month of a term until he shall have so made and verified such entries and the trustees shall not draw on the supervisor, collector or treasurer for any portion of his salary for such month until such oath or affirmation shall have been made. § 561 Contract with teacher. 1 All trustees of school districts or boards of education who shall employ any teacher to teach shall, at the time of such employment, make and deliver to such teacher, or cause to be made and delivered, a contract in writing, signed by them, or by some person duly authorized to represent them in the premises, in which the details of the agree- ment between the parties, and particularly the length of the term of employment, the amount of compensation and the time when such compensation shall be due and payable shall be clearly and definitely set forth. 2 !N"o contract for the employment of a teacher in a district having three or more trustees shall be made for more than one year in advance or for a shorter time than ten weeks unless for the purpose of filling out an unexpired term of school. 3 'No contract for the employment of a teacher in a district having a sole trustee shall be made to extend beyond the date of the expiration of the term of office of such trustee. A sole trus- tee of a school district shall have full power and authority to contract with teachers for the term for which he has been elected any time after the date of the annual meeting at which such trustee was elected. 4 Nor shall any trustee contract with any teacher whose certificate of qualifications shall not cover a period at least as long as that covered by the contract of service. [Amended hy L. 1910, ch. U^.-] § 562 Penalty for teacher's failure to complete contract. Any failure on the part of a teacher to complete 172 THE UNIVERSITY OF THE STATE OF NEW YORK an agreement to teach a term of school without good reason there- for shall be deemed sufficient ground for the revocation of the teacher's certificate. § 563 Contract ivlien teacher is related to trustee or member of board. 1 Xo person who is related to any trustee by blood or marriage shall be employed as a teacher, except with the approval of two-thirds of the voters of such dis- trict present and voting upon the question at an annual or special meeting of the district. 2 No person who is related by blood or marriage to any mem- ber of a board of education shall be employed as a teacher by such board, except upon the consent of two-thirds of the mem- bers thereof to be determined at a board meeting and to be entered upon the proceedings of the board. § 564 Individual liability of trustee. Any person employed in disregard of section 561 or of section 563 shall have no claim for wages against the district, but may enforce the specific contract made against the trustees or board of education consenting to such employment as individuals. § 565 Dismissal of teacher. No teacher shall be re- moved during a term of employment unless for neglect of duty, incapacity to teach, immoral conduct, or other reason which, when appealed to the Commissioner of Education, shall be held by him sufficient cause for such dismissal. § 566 Teacher's salary payable as often as monthly. The salary of any teacher employed in the public schools of this State shall be due and payable at least as often as at the end of each calendar month of the term of employment. § 567 Common schools free to resident pupils; tuition from nonresident pupils. 1 A person over five and under twenty-one years of age is entitled to attend the public schools maintained in the district or city in which such person resides without the payment of tuition. 2 l^onresidents of a district, if otherwise competent, may be admitted into the school of a district or city, upon the consent of the trustees, or the board of education, upon terms prescribed by such trustees or board. 3 The school authorities of a district or city must deduct from the tuition of a nonresident pupil whose parent or guardian owns property in such district or city and pays a tax thereon for the support of the schools maintained in such district or city the amount of such tax. EDUCATION LAW 173 § 568 Removal of superintendents, teacliers and employees for treasonable or seditious acts or utter- ances. A person employed as superintendent of schools, teacher or employee in the public schools, in any city or school district of the State, shall be removed from such position for the utterance of any treasonable or seditious word or words or the doing of any treasonable or seditious act or acts while holding such position. [Added hy L. 1917, ch, 1^16, in effect May 8, 1917.'] Savings Banks in Schools [Banking Law (L. 19U, ch. 369) ^ § 279 Advertisements of unauthorized savings banks and the use of the word " savings " prohibited; exception as to school savings. 2 The .principal or su- perintendent of any public school in the State of N'ew York or any person designated for that purpose by the board of education or other school authority under which such school shall be, or the superintendent or other designated head of any philanthropic agency incorporated for philanthropic purposes, if such agency be so authorized by certificate of the superintendent of banks, may collect from time to time small amounts of savings from the pupils of said school, or from the children or persons under the direction or guidance of such philanthropic agency and deposit the same on the day of collection in some savings in the State or, in villages and cities in which there is no regularly estab- lished savings bank in any savings and loan association, trust company, state or national bank located in the State and having an interest department, and upon the subsequent establishment of a savings bank in such village or city the deposit of such moneys or the continuance of deposits in any savings and loan association, trust company, state or national bank previously used as a depository of school savings shall not be deemed a violation of the provisions of this section. The money so collected shall be placed to the credit of the respective pupils, children or persons from whom the money shall be collected, or if the amount collected at any one time shall be deemed insufficient for the opening of individual accounts, it shall be deposited in the names* of said principal, superintendent or head of such philanthropic agency or designated person, in trust to be by him eventually transferred to the credit of the respective pupils, children or persons to whom * So in original. 174 THE UNIVERSITY OF THE STATE OF NEW YOKK the same belongs. In the meantime, said principal, superintend- ' ent or head of such philanthropic agency or designated person shall furnish to the bank a list giving the names, signatures, addresses, ages, places of birth, parents' names and such other data concerning the respective pupils, children or persons as the savings bank may require, and it shall be lawful to use the words " system of school savings banks " or '^ school savings banks " or " thrift funds " in circulars, reports and other printed or written matter used in connection with the purposes of this section. [L. 191Jf, ch. 869, as amended hy L. 1916, ch, 90, in effect March SO, 1916,'] ARTICLE 20-a {Article added hy L. 1913, ch. 627,1 Medical Inspection Section 570 Medical inspection to be provided 571 Employment of medical inspectors 572 Pupils to furnish health certificates 573 Examinations by medical inspectors 574 Record of examinations; eye and ear tests 575 Existence of contagious diseases; return after illness 576 Enforcement of law 577 State medical inspection of schools I § 570 Medical inspection to be provided. Medical inspection shall be provided for all pupils attending the public schools in this State, except in cities of the first class, as provide in this article. Medical inspection shall include the services of trained registered nurse, if one is employed, and shall also includj such services as may be rendered as provided herein in examining pupils for the existence of disease or physical defects and in test- ing the eyes and ears of such pupils. [Added hy L. 1913, ch, 627,1 § 571 Employment of medical inspectors. The board of education in each city and union free school district, and the trustee or board of trustees of a common school district, shall employ, at a compensation to be agreed upon by the parties, a com- petent physician as a medical inspector, to make inspections of pupils attending the public schools in the city or district. If appointed by a board of education of a city such physician shall reside within the city. The physicians so employed shall be legally qualified to practise medicine in this State, and shall have so EDUCATION LAW l75 ractised for a period of at least two years immediately prior to ich employment. Any such board or trustees may employ one r more school nurses, who shall be registered trained nurses and ithorized to practise as such. Such nurses when so employed lall aid the medical inspector of the district and shall perform ich duties for the benefit of the public schools as may be pre- jribed by such inspector. A medical inspector or school nurse may be employed by the •ustees or boards of education of two or more school districts, ad the compensation of such inspector, and the expenses incurred 1 making inspections of pupils as provided herein, shall be borne >intly by such districts, and be apportioned among them according ) the assessed valuation of the taxable property therein. In cities and union free school districts having more than five |bousand inhabitants, the board of education may employ such dditional medical inspectors as may be necessary to properly ^spect the pupils in the school in such cities and union free school istrict. The trustees of a common school district or the board of educa- ion of a union free school district whose boundaries are cotermin- 'US with the boundaries of an incorporated village shall, in the mployment of medical inspectors, employ the health officer of he town in which such common school district is located or the lealth officer of such union free school district, so far as may be idvantageous to the interests of such district. [Added by L. 1913, h, 627, and amended by L, 1916, ch. 182,'] § 572 Pupils to furnish health certificates. A lealth certificate shall be furnished by each pupil in the public schools upon his entrance in such schools, and thereafter at the jpening of such schools at the beginning of each school year, ach certificate shall be signed by a duly licensed physician who s authorized to practice medicine in this State, and shall describe lihe condition of the pupil when the examination was made, ivhich shall not be more than thirty days prior to the presenta- tion of such certificate, and state whether such pupil is in a fit ondition of bodily health to permit his or her attendance at the public schools. Such certificate shall be submitted within thirty days to the principal or teacher having charge of the school and shall be filed with the clerk of the district. If such pupil does not present a health certificate as herein required, the principal or teacher in charge of the school shall cause a notice to be sent to the parents of such pupil that if the required health certificate is 176 THE UNIVERSITY OF THE STATE OF NEW YORK not fuTiiished within thirty days from the date of such notice, an examination will be made of such pupil as provided herein. [Added hy L. 191S, ch. 627,'] § 573 Examinations by medical inspectors. Each principal or teacher in charge of a public school shall report to the medical inspector having jurisdiction over such school the names of all pupils who have not furnished health certificates as provided in the preceding section, and the medical inspector shall cause such pupils to be separately and carefully examined and tested to ascertain whether any of them are suffering from de- fective sight or hearing, or from any other physical disability tending to prevent them from receiving the full benefit of school work, or requiring a modification of such work to prevent injury to the pupils or to receive the best educational results. If it be ascertained upon such test or examination that any of such pupils are inflicted with defective sight or hearing or other physical dis- ability as above described the principal or teacher, having charg of such school, shall notify the parents or other persons wi whom such pupils are living, as to the existence of such defec and physical disability. If the parents or guardians are unab or unwilling to provide the necessary relief and treatment for such pupils, such fact shall be reported by the principal or teacher to the medical inspector, whose duty it shall be to pro- vide relief for such pupils. [Added hy L. 1913, ch. 627.1 § 574 Record of examinations; eye and ear tests. Medical inspectors or principals and teachers in charge of public schools shall make eye and ear tests of the pupils in such schools, at least once in each school year. The State Commissioner of Health shall prescribe the method of making such tests, and shall i furnish general instruction in respect to such tests. The Com- j missioner of Education, after consultation with the State Com- j missioner of Health, shall prescribe and furnish to the school au- ( thorities suitable rules of instruction as to tests and examina- j tions made as provided in this article, together with test cards, | blanks, record books and other useful appliances for carrying out j the purposes of this article. The Commissioner of Education shall provide for pupils in the normal schools, city training schools and training classes instruction and practice in the best methods of testing the sight and hearing of children. [Added hy L. 1913, ch. 627.] § 575 Existence of contagious diseases; return after illness. Whenever upon investigation a pupil in the EDUCATION LAW 177 public schools shows symptoms of smallpox, scarlet fever, measles, chickenpox, tuberculosis, diphtheria, influenza, tonsilitis, whoop- ing cough, mumps, scabies or trachoma, he shall be excluded from the school and sent to his home immediately, in a safe and proper conveyance, and the health officer of the city or town shall be immediately notified of the existence of such disease. The medical inspector shall examine each pupil returning to a school without a certificate from the health officer of the city or town, or the family physician, after absence on account of illness or from unknown cause. Such medical inspectors may make such examinations of teachers, janitors and school buildings as in their opinion the protection of the health of the pupils and teachers may require. [Added hy L. 1913, ch. 627.'] § 576 Enforcement of law. It shall be the duty of the Commissioner of Education to enforce the provisions of this article, and he may adopt such rules and regulations not incon- sistent herewith, after consultation with the State Commissioner of Health, for the purpose of carrying into full force and effect the objects and intent of this article. He may, in his discretion, withhold the public money from a district which wilfully refuses or neglects to comply with this article, and the rules and regulations made hereunder. {Added hy L. WIS, ch. 627.] § 577 State medical inspection of schools. The Commissioner of Education shall appoint a competent physician who has been in the actual practice of his profession for a period of at least five years, as State Medical Inspector of schools. The State Medical Inspector of schools, under the supervision of the Commissioner of Education, shall perform such duties as may be required for carrying out the provisions of this article. The said Medical Inspector shall be appointed in the same manner as other employees of the Education Department. [Added hy L. 1913, ch. 627.] Note. — The following provisions of the public health law {L. 1909, ch. 49) relate to the vaccination of school children: § 310 Vaccination of school children. 1 A child or person not vaccinated shall not be admitted or received into a school in a city of the first or second class. The board, offi- cers or other person having the charge, management or control of such school shall cause this provision of law to be enforced. 178 THE UNIVERSITY OF THE STATE OF NEW YOEK The board of health or other board, commission or officers of such city having jurisdiction of the enforcement of the chapter therein shall provide, at the expense of the city for the vaccination of all pupils of such school whose parents or guardian do not provide vaccination for them. 2 Whenever smallpox exists in any other city or school dis- trict, or in the vicinity thereof, and the State Commissioner of Health shall certify in writing to the school authorities in charge of any school or schools in such city or district, it shall become the duty of such school authorities to exclude from such schools every child or person who does not furnish a certificate from a duly licensed physician to the effect that he has successfully vacci- nated such child or person with the vaccine virus in the usual manner or that such child or person shows evidence by scar of a successful previous vaccination. Whenever school authorities having the charge, management and control of schools in a dis- trict or city cause this provision of law to be enforced the local board of health shall provide for the vaccination of all children whose parents or guardian do not provide such vaccination. 3 The expense incurred, when such vaccination is performed under the direction of the local health authorities, shall be a charge upon the municipality in which the child or person vac- cinated resided, and shall be audited and paid in the same man- ner as other expenses incurred by such municipality are audited and paid. The local boards of health or other health authorities may, in their discretion, provide for the payment of additional compensation to health officers performing such viccination.^ [Amended by L. 1915, ch. 133, in effect March 30, 1915.] § 311 Vaccination; hoxir made; reports. 1 No per- son shall perform vaccination for the prevention of smallpox who is not a regularly licensed physician under the laws of the State. Vaccination shall be preformed ^ in such manner only as shall be prescribed by the State Commissioner of Health. 2 'No physician shall use vaccine virus for the prevention of smallpox unless such vaccine virus is produced under license issued by the secretary of the treasury of the United States and is accompanied by a certificate of approval by the State Com- missioner of Health, and such vaccine virus ^all then be used only within the period of time specified in such approval. 3 Every physician performing a vaccination shall within ten days make a report to the State Commissioner of Health upon a form furnished by such Commissioner RP.ttine: forth the full name ^So in original. I I EDUCATION LAW 179 and age of the person vaccinated and, if such person is a minor, the name and address of his parents, the date of vaccination, the date of previous voccination ^ if possible, the name of the maker of the vaccine virus and the lot or batch number of such vaccine virus. [Amended by L, 1915, ch, 133, in effect March 30, 1915.] ARTICIiE 20-B {Added ly L. 1917, ch. 553, in effect May 18, 1917] Children with Retarded Mental Development Section 578 Children with retarded mental development 579 Assistant mental diagnostician § 578 Children with retarded mental develop- ment. 1 The board of education of each city and of each union free school district, and the board of trustees of each school district shall, within one year from the time this act becomes effective, ascertain, under regulations prescribed by the Commis- sioner of Education and approved by the Regents of the Univer- sity, the number of children in attendance upon the public schools under its supervision who are three years or more retarded in mental development. 2 The board of education of each city and of each union free school district in which there are ten or more children three years or more retarded in mental development shall establish such special classes of not more than fifteen as may be necessary to pro- vide instruction adapted to the mental attainments of such children. 3 The board of education of each city and of each union free school district, and the board of trustees of each school district which contains less than ten such children may contract with the board of education of another city or school district for the education of such children in special classes organized in the schools of the city or district with which such contract is made. [Added hij L. 1917, ch. 533, in effect May 18, 1917.'] § 579 Assistant mental diagnostician. There shall be in the department of education an assistant mental diagnostician, to be appointed by the commissioner of education. He shall receive an annual salary to be fixed by the commissioner of educa- tion within the amount of moneys appropriated therefor. He ^ So in original. 180 THE UNIVERSITY OF THE STATE OF NEW YORK shall conduct psychological examinations of backward school chil- dren, select children who need special class instruction and per- form such other duties as the commissioner may prescribe. [Added by L. 1920, ch. 457, in effect May 4, 1920.] ARTICLE 21 Contract System Section 580 District meeting to authorize contract system 581 District or city with which such contract may be made 682 Trustees or boards of education may contract to receive such children 583 Form of contract 584 Validity of contract 585 Apportionment to contracting district 686 Report of pupils from other districts § 580 District meeting to authorize contract sys- tem. Any school district may decide by a majority vote of the qualified voters present and voting at any district meeting: 1 To contract for the education of all the children of such dis- trict in another district or in a city instead of maintaining a home school ; 2 To contract for the education of part of the children of such district in another district or in a city and maintain a home school. § 581 District or city with, which such contract may be made. 1 Such contract may be made with one or more districts or cities. The district meeting authorizing such contract may designate the districts or cities with which such con- tracts may be made. 2 If the district meeting fails to make such designation or if any district or city so designated refuses to make such contract, the trustees of the district authorizing such contract may enter into a contract with a district willing to make such contract. § 582 Trustees or boards of education may con- tract to receive such children. The trustees or board of education of any district or city may enter into a contract to receive and educate in the schools of such district or city the children of any district which shall authorize its trustees to con- tract for the education of its children as provided by section 580 of this chapter. § 583 Form of contract. Such contract shall be writ- ten and in the form prescribed by the Commissioner of Education. EDUCATION LAW 181 § 584 Validity of contract. Such contract shall not be valid or binding upon either party thereto until a copy thereof is filed with the Commissioner of Education and approved by such Commissioner. § 585 Apportionment to contracting district. 1 Whenever the period of time which a district contracts for the education of its children or such period together with the time school is actually taught in said district shall amount to one hun- dred and sixty days and the contract shall include all the children of school age in such district, such district shall be entitled to re- ceive one district quota. 2 Whenever a district maintains a home school and contracts for the educr.tion of at least twelve of its children in another dis- trict or city, it shall be entitled to one teacher's quota in addition to its district quota. 3 ISlo school district operating under the contract system shall receive a greater apportionment than the total expense incurred in payment of tuition and transportation of pupils as shown by the report of the trustee to the school commissioner. 4 Whenever a district coAtracts with another district or a city and such district or city maintains a high school or an academic department, and whenever the expense of the tuition and trans- portation for the elementary children of said district shall exceed two hundred and fifty dollars, the tuition of the academic pupils attending such high school or academic pupils from such con- tracting district may be paid by the State as provided by section 493 of this chapter. [Subdivision Jf. added hy L. 1915, ch. 19 If-.'] § 586 Report of pupils from other districts. The children attending a school under any such contract shall be reported to the Commissioner of Education by the trustees or board of education of the district or city wherein such children attend school as though they were residents of such city or school district 182 THE UNIVERSITY OF THE STATE OF NEW YOEK ARTICLE 22 {Article amended by L. 1919, ch. 531} General Industrial Schools, Unit Trade and Technical Schools, Part-time or Continuation Schools, Practical Arts or Homemaking Schools and Schools of Agriculture, Mechanic Arts and Homemaking Section 600 General industrial schools, unit trade and technical schools, schools of agriculture, mechanic arts and homemaking, evening^ vocational schools, practical arts or homemaking schools and may be established in cities 601 Part-time or continuation schools shall be established in cities and school districts 602 Establishment of general industrial schools and unit trade and technical schools, and schools of agriculture, mechanic arts and homemaking, practical arts or homemaking schools, evening vocational schools; directors of agriculture, mechanic arts and^ homemaking 603 Appointment of an advisory board 604 Authority of the board of education over such schools 605 State aid for general industrial schools, unit trade and technics schools, practical arts or homemaking schools, part-time continuation schools, schools of agriculture, mechanic arts anc homemaking and evening vocational schools 606 Application of such moneys 607 Annual estimate by board of education and appropriations by municipal and school districts 608 Courses in schools of agriculture for training of teachers § 600 General industrial schools, trade schools and schools of agriculture, mechanic arts and home- making, may he estahlished in cities. The board of education of any city may establish, acquire, conduct and main- tain as a part of the public school system of such city the following : 1 General industrial schools in communities of less than twenty- five thousand inhabitants open to pupils who have completed the elementary school course or who have attained the age of fourteen years; and 2 Unit trade and technical schools open to pupils who have attained the age of fourteen years or who have completed the elementary school course or who have met such other require- ments as the Commissioner of Education may have prescribed; and *So in original. EDUCATION LAW 183 3 Schools of agriculture, mechanic arts and homemaking, open to pupils who have completed the elementary school course or who have attained the age of fourteen, or who have met such other requirements as the local school authorities may have pre- scribed; and 4 Practical arts or homemaking schools open to pupils who have completed the elementary school course, or who have attained the age of fourteen years, or who have met such other require- ments as the Commissioner of Education may have prescribed. Special requirements may be prescribed for courses conducted in communities of less than twenty-five thousand inhabitants. 5 Evening vocational schools in which instruction shall be given in the trades and in industrial, agricultural and home- making subjects, and which shall be open to pupils over sixteen years of age, who are regularly and lawfully employed during the day and which provide instruction in subjects related to the practical work carried on in such employment; but such evening vocational schools providing instruction in homemaking shall be open to all women over sixteen years of age who are employed in any capacity during the day. The word ^^ school," as used in this article, shall include any department or course of instruction established and maintained in a public school for any of the purposes specified in this section. [Amended hy L. 1919, ch. 531, in effect August 1, 1919.] § 601 Part-time or continuation schools shall be established in cities and school districts having a population of five thousand or more inhabitants. a The board of education of each city and of each such school district in which there are twenty or more minors above the age of fourteen years and below the age of eighteen years, who are not in regular attendance upon instruction, shall establish and maintain part-time or continuation schools or classes in which such minors shall receive instruction. Such schools or classes may be established in public school buildings, in other buildings es- pecially adapted for their operation, in manufacturing or mer- cantile establishments and in factories. Such schools or classes, wherever they are established or maintained, shall be under the control and management of the board of education and shall be a part of the public school system of the city or district which maintains them. Courses of study in private or parochial part- time or continuation schools or classes which meet the require- ments of the statutes and the regulations prescribed thereunder 184 THE UNIVERSITY OF THE STATE OF NEW YORK may be approved by the Commissioner of Education and, when thus approved, attendance thereon shall be accepted for that required under this article. h Such part-time or continuation schools or classes shall be maintained each year during the full period of time which the public schools of a city or district are in session. The sessions of such part-time or continuation schools or classes shall be on the regular school days and for as many hours between the hours of eight o'clock forenoon and five o'clock afternoon as shall be necessary to provide the required instruction for such minors who reside in said city or district. c The courses of study in such part-time or continuation schools j or classes shall be approved by the Commissioner of Education and shall include among other subjects instruction in American history, the rights and obligations of citizenship, industrial his- tory, economics, the essential features of the laws relating to the industries taught, and shall also include such other subjects as will enlarge the vocational intelligence of such minors. d The board of education of each city and of each such school district shall make necessary arrangements to begin to operate and maintain such part-time or continuation schools or classes, on the opening of the public schools in September, 1920, and shall an- nually thereafter in September open and maintain additional schools and classes so that by the opening of the public schools in September, 1925, a sufficient number of such schools shall have been established as to afford the required instruction under this article to those minors who are required to attend such schools or classes. e Each minor ui^der the age of eighteen years, who is not in regular attendance upon a public, private or parochial school or who is regularly and lawfully employed in some occupation or service, unless such minor has completed a four-year secondary course of instruction approved by the Kegents of the University, shall attend a part-time or continuation school or class in the city or district in which such minor resides or may be employed. Such jj attendance shall be for not less than four hours per week and not j more than eight hours per week for each week which such school ' or class is in session except that the school authorities may, sub ject to the approval of the Commissioner of Education, permit any j such minor to increase the number of hours per week of required I attendance and decrease the number of weeks of required at tendance. Such minor who is temporarily out of regular em- EDUCATION LAW 185 Eloyment or service shall attend such school not less than twenty ours per week. The attendance upon a part-time or continua- tion school or class shall be between the hours of eight o'clock forenoon and five o'clock afternoon. / The Commissioner of Education shall make a survey of each city or district to ascertain the industrial, commercial, economic and social needs of such city or district and the benefits and op- portunities to be afforded through the establishment of such part- time or continuation schools or classes to the community and to those who are required to attend such schools or classes. The Industrial Commission and the Commissioner of Agriculture shall cooperate with the Commissioner of Education in making such survey. g The Regents of the University shall establish regulations to govern and regulate the administration of such part-time or con- tinuation schools or classes and the attendance of minors thereon. To meet local necessities the board of education of each city or school district may establish regulations but such regulations shall not conflict with the regulations adopted by the Regents. li The parent, guardian or other person having the custody or control of a minor who is required under the provisions of this article to attend a part-time or continuation school or class shall cause such minor to attend such school or class. A parent, guardian or other person who refuses or fails to comply with this provision of the law shall be deemed guilty of a misdemeanor and upon conviction shall be subject to a fine of not more than one hundred dollars or by imprisonment for not more than ten days, or both such fine and imprisonment at the discretion of the court. Any minor under sixteen years of age who fails to attend upon instruction as defined by this article shall be subject to the pro- visions of section 635 of the Education Law, and a minor over sixteen years of age who fails to attend upon instruction as required by this act may be punished for any such violation by a fine not exceeding ten dollars, or by imprisonment for not more than ten days, or by both such fine and imprisonment. i Any person, firm or corporation employing a minor between the ages of fourteen years and eighteen years shall permit the attendance of such minor upon a part-time school or class when- ever such part-time school or class shall have been established in the city or district where the minor resides or may be employed, cind upon the termination of employment of any such minor the employer shall return within three days the employment certificate 186 THE UNIVERSITY OF THE STATE OF NEW YOEK of sTicli minor bj mail to the school authorities, and a person, firm or corporation employing a minor over fourteen years of age and less than eighteen years of age contrary to the provisions of this article shall be subject to a fine of not less than twenty- five dollars and not more than one hundred dollars for each offense or by imprisonment in the city or county jail for not less than five days and not more than ten days, or by such fine and imprisonment at the discretion of the court. A person, firm or corporation, which has in its employ a minor who fails to attend a part-time or continuation school or class as required herein, shall immediately discontinue the services of such minor upon receiving from the school authorities written notice of the failure of such minor to attend such part-time or continuation school or class, and a person, firm or corporation violating this provision of law shall be subject to a fine of fifty dollars for each offense. j The board of education of each city or district having a population of five thousand or more inhabitants is hereby required to enforce the provisions of this law and the Commissioner of Education is hereby charged with the duty and vested with neces- sary authority to supervise the enforcement and administration of this act. k If the authorities of such a city or school district fail or refuse to provide the necessary funds for the establishment and mainte- nance of such part-time or continuation schools or classes as are required imder this law, the city or district shall forfeit from the funds due such city or district from the State for school purposes an amount equal to that which is estimated by the board of educa- tion as necessary to properly operate and maintain such schools or classes. The public or state funds thus forfeited by such city or district shall be apportioned by the Commissioner of Education to the board of education of such city or district for the purpose of maintaining such part-time or continuation schools or classes and the board of education of the city or district receiving such funds shall apply the same toward the maintenance of such schools or classes and in payment of the expenses incurred thereby. [Amended hy L. 1919, ch. 531, in effect August 1, 1919.~\ § 602 Establishment of general industrial and unit trade and teclinical schools, and schools of ag:ri« culture, mechanic arts and homemaking, practical arts or homemaking schools or evening vocational schools; directors of agriculture, mechanic arts and home making. The board of education of any union free school EDUCATION LAW 187 listrict shall also establish, acquire and maintain general indus- rial schools, unit trade and technical schools, schools of agri- ulture, mechanic arts and homemaking, and practical arts or lomemaking schools and evening vocational schools for like pur- )oses whenever such schools shall be authorized by a district neeting. The trustees or board of trustees of a common school listrict may establish a school or a course in agriculture, mechanic irts and homemaking, when authorized by a district meeting. The )oard of education of a city, town or union free school district, lot maintaining a school of agriculture, mechanic arts and home- naking may employ a director of agriculture. The boards of edu- sation or trustees of two or more districts or towns may by joint jontract employ such a director and determine in such contract IS to the portion of the compensation which is to be paid by each listrict. The qualifications of a person employed as such director all be prescribed by the Commissioner of Education, as provided y law in respect to teachers employed in public schools of the State. [Amended by L. 1919, ch. 531, in effect August 1, 1919.] § 603 Appointment of an advisory board. 1 The iboard of education shall appoint an advisory board of five members representing the local trades, industries, and occupations. In the first instance two of such members shall be appointed for a term of one year and three of such members shall be appointed for a term of two years. Thereafter as the terms of such members shall expire the vacancies caused thereby shall be filled for a full term of two years. Any other vacancy occurring on such board shall be filled by the appointing power named in this section for the remainder of the unexpired term. 2 It shall be the duty of such advisory board to counsel with and advise the board of education in relation to the powers and duties vested in such board by this chapter. [Amended by L. 1919, ch. 531, in effect August 1, 1919.] § 604 Authority of tlie board of education over such schools. The board of education in a city or in a union free school district in which city or district a general industrial school, unit trade or technical school, a school of agriculture, mechanic arts and homemaking, or practical arts or homemaking school, or a part-time or continuation school, or an evening voca- tional school is established as provided in this article, is vested with the same power and authority over the management, super- vision and control of such school and the teachers or instructors 188 THE UNIVERSITY OF THE STATE OF NEW YORK employed therein as such board now has over the schools and teachers under their charge. Such boards of education shall also have full power and authority : 1 To employ competent teachers or instructors. 2 To provide proper courses of study. 3 To purchase or acquire sites and grounds and to purchase, acquire, lease or construct and to repair suitable shops or build- ings and to properly equip the same. 4 To purchase necessary machinery, tools, apparatus and supplies. [Amended by L, 1919, ch. 531, in effect August 1, I 1919.] § 605 State aid for general industrial schools, ' unit trade and teelinical schools, part-time or con- tinuation schools, practical arts or homemaking ; schools, evening vocational schools, and schools of j agriculture, mechanic arts and homemaking. l The \ Commissioner of Education in the annual apportionment of the state school moneys shall apportion therefrom to each city am school district for each general industrial school, unit trade ani technical school, part-time or continuation school, practical arts or homemaking school or evening vocational school, maintain therein for thirty-six weeks during the school year and employi one teacher whose work is devoted exclusively to such school, an^ having an enrolment of such number of pupils as may be requirei by the Commissioner of Education and maintaining an organiz tion and a course of study, and conducted in a manner approve by him, a sum equal to two-thirds of the salary paid to such teacher, but not exceeding one thousand dollars. 2 He shall also apportion in like manner to each city, union free school district or common school district for each school of agriculture, mechanic arts and homemaking, maintained therein for thirty-six weeks during the school year, and employing one teacher whose work is devoted exclusively to such school, and such number of pupils as may be required by the Commissioner of Edu- cation having an enrolment and maintaining an organization and course of study and conducted in a manner approved by him, a sum equal to two-thirds of the salary paid to such teacher. Such teacher may be employed for the entire year, and during the time that the said school is not open shall be engaged in performing such educational services as may be required by the board of education or trustees, under regulations adopted by the Commis- sioner of Education. Where a contract is made with a teacher II EDUCATION LAW 189 or the entire year and such teacher is employed for such period, IS herein provided, the Commissioner of Education shall make an idditional apportionment to such city or district of the sum of wo hundred dollars. But the total amount apportioned in each ^ear on account of such teacher shall not exceed one thousand iollars. 3 The Commissioner of Education shall also make an additional ipportionment to each city and union free school district for Bach additional teacher employed in the schools mentioned in ;he preceding subdivisions of this section for thirty-six weeks luring the school year, a sum equal to one-half of the salary paid to each such additional teacher, but not exceeding one thousand iollars for each teacher. 4 The Commissioner of Education shall also apportion in like tnanncT to each city, town and school district employing, or join- ing in the employment of, a director of agriculture, as authorized by section 602 of this chapter, and establishing, maintaining and conducting an organization and course of instruction in such subject, approved by the Commissioner of Education, a sum equal to one-half of the salary paid to such director by such city, town or district, or by two or more of such towns or districts, not exceeding in each year the sum of six hundred dollars for each director employed. Where the apportionment is made on account of a director employed by two or more towns or districts, it shall be apportioned to such towns or districts in accordance with the proportionate amount paid by each of such towns or districts under the contract made with such director. 5 The Commissioner of Education, in his discretion, may ap- portion to a district or city maintaining such schools or employ- ing such teachers for a shorter time than thirty-six weeks, or for a less time than a regular school day, an amount pro rata to the time such schools are maintained or such teachers are employed. This section shall not be construed to entitle manual training high schools or other secondary schools maintaining manual training departments, to an apportionment of funds herein provided for. Any person employed as teacher as provided herein may serve as principal of the school in which the said industrial or trade school or course, or school or course of agriculture, mechanic arts and homemaking, is maintained. [Amended hy L. 1919, ch. 531, in effect Augiist 1, 1919.] § 606 Application of sucli moneys. All moneys ap- portioned by the Commissioner of Education for schools under 190 THE UNIVEKSITY OF THE STATE OF NEW YORK this article shall be used exclusively for the payment of the salaries of teachers employed in such schools in the city or district to which such moneys are apportioned. [Amended by L. 1919, ch. 531, in effect August 1, 1919.] § 607 Annual estimate by board of education and appropriations by municipal and school districts. The board of education of each city and the board of education or trustees of each school district which maintains a general in- dustrial school, unit trade or technical school, school of agricul- ture, mechanic arts and home making, part-time or continuation schools, practical arts or homemaking schools or evening vocational schools, shall include in its estimate of expenses pursuant to the provisions of this chapter the amount that will be required to maintain such schools after applying toward the maintenance thereof the amount apportioned therefor by the Commissioner of Education. Such amount shall thereafter be levied, assessed and raised by tax upon the taxable property of the city or district at i the time and in the manner that other taxes for school purposes are raised in such city or district. [Amended by L. 1919, ch. 531, in ejfect August 1, 1919.] § 608 Courses in schools of agriculture for train- ing of teachers. The state schools of agriculture at Saint Lawrence University, at Alfred University and at Morrisville may give courses for the training of teachers in agriculture, mechanic arts, domestic science or homemaking, approved by the Commissioner of Education. Such schools shall be entitled to an apportionment of money as provided in section 605 of this chapter for schools established in union free school districts. Graduates from such approved courses may receive licenses to teach agriculture, mechanic arts and homemaking in the public schools of the State, subject to such rules and regulations as the Commissioner of Education may prescribe. [Amended by L. 1919, ch. 531, in effect August 1, 1919.'] Federal aid. An act was passed by Congress, approved February 23, 1917, entitled "An act to provide for the promotion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation witi the states in the preparation of teachers of vocational subjects, and to appro* priate money and regulate its expenditure." This act appropriated an annual amount which will reach an annual maximum of $7,000,000 in 192fi to be apportioned among the states which accept the conditions under which the apportionment is to be made and provide some official body or officer to cooperate with the federal authorities in carrying into effect the provisions of the act. The act creates officers whose duty it will be to prescribe the instruction to be given in vocational subjects and to aid and encourage the states In promoting vocational education. The State Legislature enacted the following act accepting the terms and provisions of the federal act: EDUCATION LAW 191 li. 1917, ch. 576. — An act to provide for the aceept- uice of the benefits of an act passed by the Senate Bind House of Representatives of the United States »f America, in cong^ress assembled, to provide for bhe promotion of vocational education. Section 1 The State of New York hereby accepts all of the )rovisions and the benefits of an act passed by the Senate and louse of Eepresentatives of the United States of America, in jongress assembled, entitled '^An act to provide for the promo- tion of vocational education; to provide for cooperation with the states in the promotion of such education in agriculture and the trades and industries; to provide for cooperation with the states in the preparation of teachers of vocational subjects; and to ap- propriate money and regulate its expenditure,'^ approved Feb- raary 23, 1917. § 2 The State Treasurer is hereby constituted and appointed the custodian of the moneys paid to the State of New York for vocational education, under the provisions of such act, and such 'moneys shall be paid out in the manner provided by such act for the purposes therein specified. § 3 The Eegents of The University of the State of New York are hereby designated as the state board for the purpose of carry- ing into effect the provisions of such act, and are hereby author- ized and directed to cooperate with the federal board of vocational education in the administration and enforcement of its provisions, and to perform such official acts and exercise such powers as may be necessary to entitle the State to receive its benefi.ts. § 4 This act shall take effect immediately. ARTICLE 22-A {Article added ly L. 1915, ch. 307"] Farm Schools in Counties Section 610 Establishment of farm schools 611 Acquisition of lands and erection of buildings 612 Board of managers 613 Powers and duties of board 614 Powers of superintendent; discipline of school 615 Course of instruction 616 State aid 617 Children admitted to such school 618 Agreement with parents and guardians to pay expense of main- tenance j compulsory support 192 THE UWrVEESITY OF THE STATE OF NEW YOEK fcjectioii 619 Maintenance by county 619-a Reports to board of supervisors; inspection 619-6 Powers of Commissioner of Education and State Department of Education § 610 Establislmient of farm schools. The board of supervisors of any county outside of the city of New York may adopt a resolution by a majority vote of the members of the board establishing a farm school for the purpose of giving instruction in the trades and in industrial, agricultural and homemaking subjects to children of the county not more than eighteen nor less than eight years of age who may be admitted thereto as provided by law. [Added hy L. 1915, ch. 307,'] § 611 Acquisition of lands and erection of build- ings. Upon the adoption of the resolution as provided in the foregoing section the board of supervisors shall purchase land in some conveniently accessible place in the county to be used for the purpose of such school. They may acquire such land by gift, pur- chase or condemnation. The land when so acquired shall be held in the name of the county for the benefit of such school. Upon the acquisition of such land the board of supervisors shall erect the necessary buildings and suitably equip them for use. Such board may also provide for the improvement of existing buildings and make such repairs and alterations on the buildings upon the land used for the purpose of the school as may be necessary for the maintenance and operation thereof. [Added hy L. 1915, ch. 807.1 § 612 Board of managers. The board of managers of such school shall consist of not less than five members and shall be composed of all the city, village and district superintendents of schools of the county in which it is located, in addition to such other members as may be necessary to make a total membership of such board of not less than five. Such additional members of the board shall be appointed by the board of supervisors from the resident taxpayers of the county, who shall serve for terms of four years commencing on the first day of January succeed- ing their appointment. Such terms shall be so arranged that the terms of no two of the members so appointed shall expire in the same year, and for this purpose the terms of the members first appointed hereunder shall be as follows : In case one mem- ber shall be appointed, the term shall be four years, in case two members shall be appointed, the tenus shall be four and two years, respectively, in case three members shall be appointed, the EDUCATION LAW 193 inns shall be four, three and two years, and in case four mem- 318 shall be appointed, the terms shall be four, three, two and Qe year, respectively, which terms shall commence on the first ay of January succeeding their appointment, and their successors lall be appointed for full terms of four years as above provided, appointments to fill vacancies shall be for the unexpired portion the terms. The members of the board shall serve without Mnpensation. They shall receive their necessary expenses in- irred in the performance of their duties. The amount of such spenses shall be charged against the county and shall be paid a the same manner as other county charges. The board shall rganize by the election of one of its members as chairman and nother as secretary. [Added hy L, 1915, ch. 307. '\ 613 Pcwers and duties of board. The board of Managers of such school shall be responsible for the operation and laintenance of the school; employ a superintendent and such jachers and assistants as may be required for the operation and laintenance of the school when authorized so to do by the board of upervisors of the county; fix the compensation of such superin- endent, teachers and assistants within the amount made avail- ble therefor by the said board of supervisors; prescribe rules nd regulations for the management of the school and for the urpose of carrying into effect the object thereof; provide for he detention, maintenance and instruction of all children who are dmitted to the school. [Added hy L. 1915, ch. 307.] § 614 Poixrers of superintendent; discipline of (chool. The superintendent of the school shall, subject to the egulations of the board of managers: 1 Have the general management of the school and the land, mildings and equipment thereof, and devote his entire time to ts affairs; 2 Be responsible for the welfare of pupils of the school and iee that the regulations and directions of the board of managers ire carried into effect ; 3 Supervise and direct the methods of instruction and the per- ormance of duties by the teachers, assistants and employees of uch school; 4 Prescribe rules for the government and discipline of the >upils of the school and cauiie such niles to be enforced ; 5 Protect and care for the property of the school ; 6 Give special attention to the proper instruction, detention, •estraint, discipline, comfort and physical and moral welfare of 7 194: THE UNIVERSITY OF THE STATE OF NEW YORK the pupils of the school, and perform such other duties as may he' required of him by the board of managers, witli a view of carrying] out of the purposes of this article. [Added by L. 1915, ch. ^07.] § 615 Course of instruction. The board of managerai shall prescribe the courses of instruction to be followed in suchj school, subject to the approval of the Commissioner of Education.] Such instruction shall include instruction in agriculture,! mechanic arts, trades and homemaking. The provisions of this; chapter and of the regulations of the Education Department relat-j ing to vocational instruction in the public schools shall apply tc! such school so far as they do not conflict with the provisions of this; article and may be made applicable thereto. [Added hy L. 19151 ch. 307.~\ j § 616 State aid. There shall be annually apportioned tcj such school from the moneys appropriated by the State Legislaturej for the support of the public schools of the State the sum of one; thousand dollars and an additional sum of two hundred dollar^ for each teacher employed therein for a period of thirty-six week;^ during each school year, whose entire time is given to the instruc-: tion of pupils in such school. 'No such apportionment shall bf: made unless there are at least fifteen pupils enrolled and actuall} in attendance at such school during such period of thirty-six weeks and unless such school maintains an organization and a course o: study and is conducted in a manner approved by the Commissione] of Education. [Added hy L. 1915, ch. 307.'] § 617 Children admitted to such school. Childrei not more than eighteen nor less than eight years of age may b( admitted to or received in such school, either (1) upon the appli cation of the parents or guardians having the legal custody or con trol of such children, accompanied by the written consent of sucl parents or guardians, or (2) upon commitment thereto as truant? or incorrigible pupils as provided in section 635 of this chapter or (3) upon commitment thereto as juvenile delinquents as pro vided by law, provided that children convicted of crime shal not be committed to such school. Children who have no home or who are without proper parental control or who are uncle improper guardianship may be sent to and received i;i such school in the same manner and under the same authority as in case o other children who are improperly provided for at home. [Addri hy L. 1915, ch. 307.'] § 618 Agreements with parents and guardians tc pay expense of maintenance; compulsory supportj EDUCATION lAW 195 The board of managers may make an agreement with the parents )r guardian of a child in such school for the payment of an imount therein specified for the instruction and maintenance of pch pupil. An application for the admission of a child with he consent of the parents or guardian shall not be granted unless suitable provision be made for the cloth- ng of such child. The amount agreed to be paid for nstruction, maintenance and clothing shall be secured to ;he satisfaction of the board of managers. Such board shall ascer- ain by investigation the financial ability of parents, ^ardians, and other persons legally liable for the support of pupils admitted to such school upon commitment, and may demand >f such parents, guardians or persons the payment of an amount reasonably sufiicient to pay all or a portion of the cost of the instruction, maintenance and clothing of such pupils. The board may proceed against such parents, guardians or persons, by proper suit or proceeding in a court of competent jurisdiction for the recovery of the amount agreed or required to be paid, as herein provided. The amount so recovered, after the payment of the necessary costs and expenses of such suit or proceeding, shall be paid into the treasury of the county, and shall be applied to the payment of the cost of the instruction, maintenance and clothing bf such pupils. [Added hy L. 1915, ch. 307.'] § 619 Maintenance by county. The board of super- visors shall provide for the maintenance of such school, the repair and improvement of the lands and buildings used or occupied thereby, and the equipment thereof with necessary machinery, tools, apparatus and supplies. The cost thereof, and the expenses incurred for such purposes, shall be charges against the county and shall be audited and paid in the same manner as other charges against the county. The maintenance herein provided for shall include the support, instruction, care, board and clothing of pupils and such other expenses as are necessarily incurred in the opera- tion of the school. [Added hy L. 1915, ch. SOI.] r619-a Reports to board of supervisors; inspec- tion. The board of managers of such school shall report in writing to the board of supervisors of the county when called upon to do so, and shall transmit to the clerk of the board, annually, on or before the thirtieth day of June. Such annual report shall state such facts in respect to the school as the board of managers may deem advisable and as the board of supervisors may require. The board of supervisors may, by a committee or any of its mem- 196 THE UNIVERSITY OF THE STATE OF NEW YORK bers or appointees, inspect such school, and for such purpose ma; enter upon the land and into the buildings of such school at all reasonable times. [Added by L. 1915, ch. 807,'] § 619-b Poivers of Commissioner of Education and State Department of Education. A school established as provided herein shall be deemed a part of the public school system of the State, and shall be subject to the supervision and control of the Commissioner of Education and the State Department of Education in the same manner as other public schools, and shall not be subject to any of the laws of the State relating to charitable or penal institutions. [Added by L. 1915, ch, 307. 'i ARTICLE 23 Compulsory Education Section 620 Instruction required 621 Required attendance upon instruction 622 When a boy is required to attend evening school 623 Instruction elsewhere than at a public school 624 Duties of persons in paternal^ relation to children 625 Penalty for failure to perform paternaU duty 626 Unlawful employment of children and penalty therefor 627 Employer must display record certificate and evening, part-time or continuation school certificate 628 Punishment for unlawful employment of children 629 Teachers must keep, record of attendance 630 School record certificate 631 Evening, part-time or continuation school certificate 632 Attendance officers 633 Arrest of truants 634 Interference with attendance officer 635 Truant schools 636 Enforcement of law and withholding the state moneys by Comr missioner of Education 637 Attendance of illiterate minors 638 Certificates of principals or teachers § 620 Instruction required. The instruction required under this article shall be: 1 At a public school in which at least the six common school branches of reading, spelling, writing, arithmetic, English lan- guage and geography are taught in English. 2 Elsewhere than a public school upon instruction in the sara** Bubjects taught in English by a competent teacher. ^ So in original. EDUCATION LAW 197 § 621 Required attendance upon instruction. 1 Every child within the compulsory school ages, in proper )hysical and mental condition to attend school, residing in a city >r school district having a population of five thousand or more md employing a superintendent of schools, shall regularly attend ppon instruction as follows: a Each child between seven and fourteen years of age shall ittend the entire time during which the school attended is in session, which period shall not be less than one hundred and pighty days of actual school. h Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and to whom an employment certificate has not been duly issued under the provisions of the labor law, shall so attend the entire time during which the school attended is in session. [Suh- division 1 amended by L. 1917, cli. 563, in effect May 18, 1917. \ 2 Every such child, residing elsewhere than in a city or school district having a population of five thousand or more and employ- ing a superintendent of schools, shall attend upon instruction during the entire time tliat the school in the district shall be in ■ session as follows: 11 a Each child between eight and fourteen years of age. r h Each child between fourteen and sixteen years of age not * regularly and lawfully engaged in any useful employment or service. {^Subdivision amended by L, 1913, ch. 511.'] 3 The provisions of this section are intended to include all \ blind children, except such as may receive appointments under the ■ provisions of article 38 of this chapter. [Section amended by L. 1911, ch. 710.] 4 A child within the prescribed ages as provided by this sec- tion shall be deemed in proper physical and mental condition to attend upon instruction unless a certificate shall have been issued by the school authorities that the child is not in proper physical \ and mental condition to so attend. No physical condition which is capable of correction shall avail as a defense under the pro- visions of this article unless it shall be made to appear that all reasonable measures for the correction of the condition and the suitable instruction of the child have been taken. [Added by L. 1919, ch. 232, in effect April 15, 1919.] § 622 When a boy is required to attend evening sckool. [Section repealed by L. 1919, ch. 531, in effect August 1, 1919.] 198 THE UNIVERSITY OF THE STATE OF NEW YOEJS: § 623 Instruction elseivliere than at a public school. If any such child shall so attend upon instruction else- where than at a public school, such instruction shall be at least I substantially equivalent to the instruction given children of like i age at the public school of the city or district in which such child j resides ; and such attendance shall be for at least as many hours [ each day thereof as are required of children of like age at public schools ; and no greater total amount of holidays or vacations shall be deducted from such attendance during the period such attend- ance is required than is allowed in such public school to children of like age. Occasional absences from such attendance, not amounting to irregular attendance in the fair meaning of the* term, shall be allowed upon such excuses only as would be allowed in like cases by the general rules and practice of such public school. ' If a child required to attend upon instruction as provided in this article does not attend at a public, private or parochial school | maintained in the city or district in which the parent or guardian of said child resides, such parent or guardian shall upon request furnish satisfactory proof to the local school authorities of said city or district that said child or ward is attending upon lawful instruction elsewhere. [Amended hy L. 1917, ch, 563, in effect May 18, 1917.'] § 624 Duties of persons in parental relation to children. Every person in parental relation to a child within the compulsory school ages and in proper physical and mental condition to attend school, shall cause such child to attend upon in- struction, as follows: fl 1 In cities and school districts having a population of fi^ thousand or above, every child between seven and sixteen years of age as required by section 621 of this act unless an employment certificate shall have been duly issued to such child under the provisions of the labor law and he is regiilarly employed there- under. 2 Elsewhere than in a city or school district having a popula- tion of five thousand or above, every child between eight and six- teen years of age, unless such child shall have received an employ- ment certificate duly issued under the provisions of the labor law and is regularly employed thereunder in a factory or mercantile establishment, business or telegraph office, restaurant, hotel, apart- ment house or in the distribution or transmission of merchandise or messages, or unless such child shall have received the school EDUCATION LAW 199 cord certificate issued under section 630 of this act and is ellgularly employed elsewhere than in the factory or mercantile ei tablishment, business or telegraph office, restaurant, hotel, apart- ent house or in the distribution or transmission of merchandise ' messages. § 625 Penalty for failure to perform parental aty. A violation of section 624 shall be a misdemeanor, punish- )le for the first offense by a fine not exceeding five dollars, or 76 days' imprisonment, and for each subsequent offense by a ae not exceeding fifty dollars, or by imprisonment not exceed- ig thirty days, or by both such fine and imprisonment. Courts special sessions and police magistrates shall, subject to removal k provided in sections 57 and 58 of the Code of Criminal Pro- jdure, have exclusive jurisdiction in the first instance to hear, •y and determine charges of violations of this section within leir respective jurisdictions. A duly attested transcript of the scord of attendance and absence of a child which has been kept y a teacher, as provided in section 629 of this chapter, shall be ccepted as presumptive evidence of the attendance of such child any proceeding brought under the provisions of this article. Amended hy L. 1919, ch. 2S2, in effect April 15, 1919.] § 626 Unlawful employment of children and pen- ilty therefor. It shall be unlawful for any person, firm or orporation : 1 To employe ^ any child under fourteen years of age, in any business or service whatever, for any part of the term during vhich the public schools of the district or city in which the child 'esides are in session. 2 To employ, elsewhere than in a city of the first class or a 'ity of the second class, in a factory or mercantile establishment, )usiness or telegraph office, restaurant, hotel, apartment house or n the distribution or transmission of merchandise or messages, my child between fourteen and sixteen years of age who does not at the time of such employment present an employment certifi- cate duly issued under the provisions of the labor law, or to employ any such child in any other capacity who does not at the time of such employment present a school record certificate as provided in section 630 of this chapter. {j 3 To employ any child between fourteen and sixteen years of ' age in a city of the first class or a city of the second class who does * So in original. 200 THE UNIVEESITY OF THE STATE OF NEW YORK: not, at the time of such employment, present an employment cer- tificate, duly issued under the provisions of the labor law. § 627 Employer must display record certificate and evening, part-time or continuation school cer« tificate. The employer of any child between fourteen and six- teen years of age in a city or disttict shall keep and shall display in the place where such child is employed, the employment cer- | tificate and also his evening, part-time or continuation school | certificate issued by the school authorities of said city or district or by an authorized representative of such school authorities, cer- j tifying that the said child is regularly in attendance at an even- j ing, part-time or continuation school of said city as provided in section 631 of this chapter. [Amended hy L, 1913, ch. 7^5.] § 628 Punishment for unlaxirful employment off children. Any person, firm, or corporation, or any officer, • manager, superintendent or employee acting therefor, who shall employ any child contrary to the provisions of sections 626 and. 627 hereof shall be guilty of a misdemeanor, and the punish- j ment therefor shall be for the first offense a fine of not less than twenty dollars nor more than fifty dollars ; for a second and each subsequent offense, a fine of not less than fifty dollars nor more than two hundred dollars. [Amended hy L. 1913, ch. 745.] § 629 Teachers must keep record of attendance. An accurate record of the attendance of all children between seven and sixteen years of age shall be kept by the teacher of every school, showing each day by the year, month, day of the month and day of the week, such attendance, and the number of hours in each day thereof; and each teacher upon whose instruction any such child shall attend elsewhere than at school, shall keep a like record of such attendance. Such record shall, at all times, be open to the attendance ofiicers or other person duly authorized by the school authorities of the city or district, who may inspect or copy the same ; and every such teacher shall fully answer all inquiries lawfully made by such authorities, inspectors, or other persons, and a wilful neglect or refusal so to answer any such inquiry shall be a misdemeanor. § 630 School record certificate. 1 A school record certificate shall contain a statement certifying that a child has regularly attended the public schools, or schools equivalent thereto, or parochial schools, for not less than one hundred and thirty days during the twelve months next preceding his four- EDUCATION LAW 201 eenth birthday or during the twelve months next preceding his pplication for such school record, and has completed the work n reading, writing, spelling, arithmetic, English language and geography, in English, prescribed for the first six years of the mblic elementary school or parochial school or school of equal 'ank maintaining an equivalent course of study in which the )ranches specified in subdivision 1 of section 620 of this chapter ire taught in English. Such record shall also give the date of )irth and residence of the child, as shown on the school records, md the name of the child's parents, guardian or custodian. Such Kshool record certificate shall be in the form prescribed or ap- >roved by the Commissioner of Education. ^N'o school record certificate shall be issued to any child under fifteen years of age for the purpose of obtaining an employment jertificate, unless such child at the age of fourteen is a graduate )f a public elementary school or parochial school or a school of Bqual rank maintaining an. equivalent course of study in which liie branches specified in subdivision 1 of section 620 of this shapter are taught in English ; or holds a preacademic certificate issued by the Kegents, or a certificate of the completion of an elementary course issued by the State Education Department. [Subdivision 1 amended by L. 1913, ch. 101, and by L, 1917, ch. 563, in effect May 18, 1917.] ^ 2 A teacher or superintendent to whom application shall be made for a school record certificate required under the provisions of the labor law shall issue a school record certificate to any child who, after due investigation and examination, may be found to be ■ entitled to the same as follows: a In a city of the first class by the principal or chief executive of a school. b In all other cities and in school districts having a population ;| of five thousand or more and employing a superintendent of schools, by the superintendent of schools only. c In all other school districts by the principal teacher of the 'i school. d In each city or school district such certificate shall be fur- nished on demand to a child entitled thereto or to the board or commissioner of health. § 631 Evening, part-time or continuation school certificate. The school authorities in a city or district, or 1 I officers designated by them, are hereby required to issue to each ' child lawfullv in attendance at an evening, part-time or continua- 202 THE UNIVERSITY OF THE STATE OF NEW YORK tion school, an evening, part-time or continuation school certifi-' cate at least once in each month during the months said evening, part-time or continuation school is in session and at the close of the term of said evening, part-time or continuation school, pro-i vided that said child has been in attendance upon said evening school, for not less than six hours each week or upon said part time or continuation school for not less than four hours each weeK for such number of weeks as will, when taken in connect ion witl the number of weeks such evening, part-time or continuation school respectively, shall be in session during the remainder of the current or calendar year, make up a total attendance on the part of said child in said evening school, of not less than six hours per week for a period of not less than sixteen weeks or in said part-time or continuation school, of not less than four hours' per week for a period of not less than thirty-six weeks. Such cer-j tificate shall state fully the period of time which the child toj whom it is issued was in attendance upon such evening, part-time or continuation school. [Amended by L. 1913, ch. 7J^8, in effect May 26, 1913,] § 632 Attendance ojfficers. 1 The school authorities of each city, union free school district, or common school dis- trict whose limits include in whole or in part an incorporated vil- lage, shall appoint and may remove at pleasure one or more attend- ance officers of such city or district, and shall fix their compensa- tion and may prescribe their duties not inconsistent with this arti- cle and make rules and regulations for the performance thereof; and the superintendent of schools shall supervise the enforcement of this article within such city or school district. 2 The town board of each town shall appoint, subject to the written approval of the school commissioner of the district, one oi more attendance officers, whose jurisdiction shall extend over all school districts in said town, and which are not by this section} otherwise provided for, and shall fix their compensation, which, shall be a town charge ; and such attendance officers, appointed h^ said board, shall be removable at the pleasure of the school commis- sioner in whose commissioner district such town is situated. § 633 Arrest of truants. 1 The attendance officei may arrest without a warrant any child between seven and sixteei]| years of age who is a truant from instruction upon which he isj lawfully required to attend within the city or district of sue! attendance officer. He shall forthwith deliver the child so arrestee EDUCATION LAW 203 to a teacher from whom such child is then a truant, or, in case of habitual and incorrigible truants, shall bring them before a police magistrate for commitment to a truant school as provided in sec- tion 635. 2 The attendance officer shall promptly report such arrest and the disposition which he makes of such child, to the school authori- ties of the said city or district where such child is lawfully re- quired to attend upon instruction. 3 A truant officer in the performance of his duties may enter, during business hours, any factory, mercantile or other establish- ment within the city or school district in which he is appointed and shall be entitled to examine employment certificates or regis- try of children employed therein on demand. § 634 Interference xirith attendance officer. Any person interfering with an attendance officer in the lawful dis- charge of his duties and any person owning or operating a factory, mercantile or other establishment who shall refuse on demand to exhibit to such attendance officer the registry of the children em- ployed or the employment certificate of such children shall be guilty of a misdemeanor. § 635 Truant schools. 1 The school authorities of any city or school district may establish schools, or set apart separate rooms in public school buildings, for children between seven and sixteen years of age, who are habitual truants from instruction upon which they are lawfully required to attend, or who are in- )l|! subordinate or disorderly during their attendance upon such in- struction, or irregular in such attendance. Such school or room shall be known as a truant school; but no person convicted of crimes or misdemeanors, other than truancy, shall be committed thereto. 2 School authorities may provide for the confinement, main- tenance and instruction of any child who is an habitual truant from instruction upon which he is lawfully required to attend, or is insubordinate or disorderly during attendance upon such instruction, or is irregular in such attendance in such schools ; and they or the superintendent of schools in any city or school district, may, after reasonable notice to such child and the persons in parental relation to such child, and an opportunity for them to be heard, and with the consent in writing of the persons in parental relation to such child, order such child to attend such school, or to be confined and maintained therein, under such rules and regulations as such authorities may prescribe, for a period 204 THE UNIVERSITY OF THE STATE OF NEW YORK not exceeding two years ; but in no case shall a child be so con* \ fined after he is sixteen years of age. [Subdivision 2 amended by L. 1917, ch. 563, in effect May 18, 1917,] 3 Such authorities may order such a child to be confined and j maintained during such period in any private school, orphans' j home or similar institution controlled by persons of the same re- j ligious faith as the persons in parental relation to such child, and i which is willing and able to receive, confine and maintain such ; child, upon such terms as to compensation as may be agreed upon i between such authorities and such private school, orphans' home I or similar institution. j 4 If the person in parental relation to such child shall not | consent to either of such orders said person shall be proceeded j against in court under section 625 of this chapter by the school authorities or such officer as they may designate. In case the \ person in parental relation to such child establishes to the satis- j faction of the court that such child is beyond his control such i child shall be proceeded against as a disorderly person, and upon ( conviction thereof, if the child was lawfully required to attend j a public school, the child shall be sentenced to be confined and ; maintained in such truant school for a period not exceeding t years; or if such child was lawfully required to attend upon struction otherwise than at a public school, the child may be sentenced to be confined and maintained for a period not exceed- ing two years in such private school, orphans' home or other similar institution, if there be one, controlled by persons of the same religious faith as the persons in parental relation to such child, which is willing and able to receive, confine and maintain such child for a reasonable compensation. Such confinement shall be conducted with a view to the improvement and to the restora- tion as soon as practicable, of such child to the institution else- where, upon which he may be lawfully required to attend. 4-a An habitual truant and a child who, being subject to tho provisions of this article, has been lawfully suspended or expelled from school, and is not receiving equivalent instruction else- where, as provided by section 623 of this chapter, are hereby declared to be ungovernable children. Any such child may ho apprehended by a truant officer of the school district or city wherr the child resides, or by any peace officer, and brought before a polie*^ magistrate having jurisdiction. Notice shall thereupon be given to the child's parent, guardian, or other person standing in parental, relation to the child, and upon the submission of satisfactory proof 1) EDUCATION LAW 205 hat the child is an habitual truant or that, being subject to this irticle, he has been lawfully suspended or expelled from school and s not receiving instiiiction elsewhere, the magistrate may commit uch child to a truant school maintained by such district or city, »r if no such truant school is maintained, to a private school, trphans' home or other similar institution if there be one, con- rolled by persons of the same religious faith as the persons in )arental relation to such child, which is willing and able to receive, lonfine and maintain such child for a reasonable compensation. Subdivision Jf.-a added hy L. 1917, ch. 563, in effect May 18, '917.] 5 The authorities committing any such child, and in cities and iistricts having a superintendent of schools such superintendent jhall have authority, in his discretion, to parole at any time any Tuant so committed by them. 6 Every child lawfully suspended from attendance upon in- itruction for more than one week, shall be required to attend such Tuant school during the period of such suspension. 7 The school authorities of any city or school district, not hav- ing a truant school, may contract with any other city or district aaving a truant school, for the confinement, maintenance and in- struction therein of children whom such school authorities might require to attend a truant school, if there were one in their own ity or district. 8 Industrial training shall be furnished in every such truant school. 9 The expense attending the commitment and costs of main fcenance of any truant residing in any city, or district, employing a superintendent of schools shall be a charge against such city, or district, and in all other cases shall be a county charge. § 636 Enforcement of law and withholding the state moneys by Commissioner of Education. 1 The Commissioner of Education shall supervise the enforcement of this law and he may withhold one-half of all public school moneys from any city or district, which, in his judgment, wilfully omits and refuses to enforce the provisions of this article, after due notice, so often and so long as such wilful omission and refusal shall, in his judgment, continue. I 2 If the provisions of this article are complied with at any ^ time within one year from the date on which said moneys were withheld, the moneys so withheld shall be paid over by said Com- 206 THE UNIVERSITY OF THE STATE OF NEW YORK missioner of Education to such district or city, otherwise forfeited to the State. § 637 Attendance of illiterate minors. 1 Every minor, between sixteen and twenty-one years of age, who does not possess such ability to speak, read and write the English language, as is required, for the completion of the fifth grade of the public or private schools of the city or school district in which he resides, shall attend some day or evening school or some school maintained by an employer as hereinafter provided in subdivision 6 of this act, in the city or district in which he resides throughout the entire time such school is in session ; provided that no such minor be required to attend, if the Commissioner of Health, or the ex- \ ecutive officer of the board or department of health of the city, j town, village or district, where such minor resides, or an officer j thereof designated by such board, department or commissioner j shall deem such minor to be physically or mentally unfit to attend, j 2 Any minor subject to the provisions of this section, who J willfully violates any provisions of this section, shall be punished by a fine of not exceeding five dollars. 3 Every person having in his control any minor subject to the provisions of this section shall cause such minor to attend a school as hereby required; and if such person fails for six sessions within a period of one month to cause such minor to so attend school, unless the Commissioner of Health or the executive officer of the board or department of health of the city, town, village or district where such minor resides or an officer thereof desig- nated by such board, department or commissioner shall certify that such minor's physical or mental condition is such as to render his attendance at school harmful or impracticable, such person shall, upon complaint by a truant officer and conviction thereof, be punished by a fine of not more than twenty dollars. 4 Whoever induces or attempts to induce such minor to absent himself unlawfully from school or employs such minor except as is provided by law, or harbors such who, while school is in session, is absent unlawfully therefrom, shall be punished by n fine of not more than fifty dollars. 5 The employer of any minor subject to the provisions of thi-, section shall procure from such minor and display in the place where such minor is employed the weekly record of regular attend- ance upon a school and it shall be unlawful for any person to employ any minor subject to the provisions of this section until and unless he procures and displays said weekly record as herein EDUCATION LAW 207 provided. It shall be the duty of the teacher or principal of the jchool upon which he (such minor) attends to provide each week juch minor with a true record of attendance. 6 Any employer may meet the requirements of this act by con- lucting a class or classes for teaching English and civics to foreign- )om in shop, store, plant or factory, under the supervision of the ocal school authorities, and any minor subject to the provisions )f this act may sa included in such courses of instruction in patriotism and citizen- ship, and the period of instruction in each of the grades in such subjects. They shall adopt rules providing for attendance upon BTich instruction and for such other matters as are required for carrying into effect the objects and purposes of this article. The Commissioner of Education shall be responsible for the enforce- ment of this article and shall cause to be inspected and supervise the instruction to be given in such subjects. The Commissioner may, in his discretion, cause all or a portion of the public school EDUCATION LAW 225 aoney to be apportioned to a district or city to be withheld for ailure of the school authorities of such district or city to provide nstniction in such courses and to compel attendance upon such nstiuction, as herein prescribed, and for a noncompliance with he mles of the Regents adopted as herein provided. \_Added by . 1918, ch. 2Ifl, in effect April 17, 1918,] ARTICLE 27 Tlie Flag" Jection 710 Purchase and display of flag 711 Rules and regulations 712 Commissioner of Education shall prepare program 713 Military drill excluded § 710 Purchase and display of flag. It shall be the luty of the school authorities of every public school in the several cities and school districts of the State to purchase a United States Jag, llag-staff and the necessary appliances therefor, and to di?- olay such flag upon or near the public school building during jchool hours, and at such other times as such school authorities may direct. § 711 Rules and regulations. The said school author- ities shall establish rules and regulations for the proper custody, 3are and display of the flag, and when the weather will not permit it to be otherwise displayed, it shall be placed conspic- uously in the principal room in the schoolhouse. § 712 Commissioner of Education shall prepare program. 1 It shall be the duty of the Commissioner of Edu- I cation to prepare, for the use of the public schools of the State, a program providing for a salute to the flag and such other patri- lotic exercises as may be deemed by him to be expedient, under such regulations and instructions as may best meet the varied requirements of the different grades in such schools. 2 It shall also be his duty to make special provision for the observance in the public schools of Lincoln's birthday, Washing- ton's birthday, Memorial day and Flag day, and such other legal holidays of like character as may be hereafter designated by law when the Legislature makes an appropriation therefor. § 713 Military drill excluded. Nothing herein con- tained shall be construed to authorize military instruction or drill m the public schools during school hours. 8 \ 226 THE UNIVERSITY OF THE STATE OF NEW YOBK ARTICLE 28 Fire Drills Section 730 Duty to maintain drills 731 Penalty for neglect 732 Duty to instruct teachers 733 Not applicable to colleges or universities § 730 Duty to maintain drills. It shall be the duty of, the principal or other person in charge of every public or private school or educational institution within the State, having moji than one hundred pupils, or maintained in a building two or more stories high to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to leave the school building in the shortest possible time and without con- fusion or panic. Such drills or rapid dismissals shall be held at least once in each month. § 731 Penalty for neglect, l^eglect by any principal or other person in charge of any public or private school or educational institution to comply with the provisions of thie article shall be a misdemeanor punishable at the discretion of th( court by fine not exceeding fifty dollars; such fine to be paid tc the pension fund of the local fire department where there is sucl; a fund. § 732 Dnty to instruct teachers. It shall be the ']nt\ of the board of education or school board or other body having control of the schools in any district or city to cause a copy of tlii article to be printed in the manual or handbook prepared for th< guidance of teachers, where such manual or handbook is in use or may hereafter come into use. § 733 Not applicable to colleges or universities The provisions of this article shall not apply to colleges or uni versities. ARTICLE 29 Arbor Day Section 750 Arbor Day 751 Manner of observance 752 Prescribed course of exercises § 750 Arbor Day. The Commissioner of Education shal designate by proclamation, annually, the day to be observed aj Arbor Day. [Amended by L. 1916, ch. 226.] EDUCATION LAW 227 § 751 Manner of observance. It shall be the duty f the authorities of every public school in this State to assemble be pupils in their charge on that day in the school building, or Isewhere, as they may deem proper, and to provide for and con- uct, under the general supervision of the city superintendent or he school commissioner, or other chief officers having the general versight of the public schools in each city or district, such oxer- iges as shall tend to encourage the planting, protection and ►reservation of trees and shrubs, and an acquaintance with the lest methods to ])e adopted to accomplish such results. § 752 Prescribed course of exercises. The Commis- lioner of Education may prescribe from time to time a course of xercises and instruction in the subjects hereinbefore mentioned, yhich shall be adopted and observed by the public school authori- ies on Arbor Day. Upon receipt of copies of snch course suffi- ient in number to supply all the schools under their supervision, ihe school commissioner or city superintendent aforesaid shall promptly provide each of the schools under his charge with a py, and cause it to be observed. ARTICLE 30 Teachers Institute Seetion 770 Duties of Commissioner of Education regarding teachers insti- tutes 771 Duties of school commissioners 772 Schools must be closed 773 Penalty for failure to attend or to close schools 774 Teachers must attend; entitled to salaries 775 Payment of expenses 776 Compensation and expenses of tcacliers attending institute or conference § 770 Duties of Commissioner of Education re- garding teachers institutes. It shall be the duty of the Commissioner of Education: 1 To appoint a teachers institute once in each year in each school commissioner district of the State, for the benefit and instruction of the teachers in the public schools, and of s^uch as intend to become teachers, with special reference to the presenta- tion of subjects relating to the principles of education and methods of instruction in the various branches of study pursued in the s'^hools. After consultation with the school commissioners, the 228 THE UNIVERSITY OF THE STATE OF T^EW YORK said Commissioner of Education shall have power to determine the duration of each institute and to designate the time and place of holding the same. 2 To employ suitable persons, at a reasonable compensation, to supervise and conduct the institutes, and, in his discretion, to pro- vide for such additional instruction as he may deem advisable and for the best interests of the schools. 3 To appoint in his discretion an institute for two or more school commissioner districts. 4 To establish such regulations for the government of insti- tutes as he may deem best ; and he may establish such regulations in regard to certificates of qualification or recommendation which may be issued by school commissioners as will, in his judgment, furnish incentives and encouragement to teachers to attend the institutes. 5 To visit the institutes, or cause them to be visited by rep- resentatives of the Education Department, for the purpose of ex- amining into the course and. character of instructiou given, and of rendering such assistance as he may find expedient. § 771 Duties of school commissioners. It shall b( the duty of every school commissioner, subject always to tin advice and direction of the Commissioner of Education: 1 To notify all teachers, trustees, boards of education an(^_ others known to him who may desire to become teachers und( his. jurisdiction, of the time when and the place where the inst^ tute will be held. 2 To make all necessary arrangements for holding the institute when appointed; see that a suitable room is provided; attend to all necessary details connected therewith ; assist the conductor in organization; keep a record of all teachers in attendance and notify the trustees of the number of days attended by the teachers of the various districts, which shall be the basis of pay to such teacher for attendance as hereafter provided. 3 To transmit to the Commissioner of Education at the close of each institute, in such form, and within such time, as such commissioner shall prescribe, a full report of the institute, ini eluding a list of all teachers in attendance, the number of day«^ attended by each teacher, with such other information as may b( required. 4 To present a full statement of all expenses incurred by him in carrying on the institute, with vouchers for all expenditures nd 1 EDUCATION LAW 229 made, accompanying the same by an affidavit of the correctness Df statements made and of accounts presented. § 772 Schools must be closed, l All schools in school districts and parts of school districts within any rchool commis- sioner districts wherein an institute is held, not included within the boundaries of an incorporated city, except as herein provided, shall be closed during the time such institute shall be in session. 2 The closing of a school within the school commissioner dis- trict wherein an institute shall be held, at which a teacher has attended, shall not work a forfeiture of the contract under which such teacher was employed. 3 In all districts having a population of more than five thou- sajid, and employing a superintendent whose time is exclusively devoted to the supervision of the schools therein, the schools may be closed or not at the option of the boards of educati(ni in such districts. § 773 Penalty for failure to attend or to close schools. Wilful failure on the part of a teacher to attend a teachers institute as required, shall be suffic^'ont c rinse for the revocation of such teacher's licence, and a wilful failure on the part of trustees to close their schools during the holding of an institute as required, shall be sufficient cause for withholding the public moneys to which such districts would otherwise be entitled. § 774 Teachers must attend; entitled to salaries. 1 Any person under contract to teach in a school in any commis- sioner district, is required to attend an institute if one is held for that district, even though at the time of such institute the school is not in session, and shall be entitled to receive full salary for the actual time in attendance at such institute. 2 The trustees of every school district are hereby directed to give the teachers employed in their district the whole of the time, while an institute for the school commissioner district in which their school is located is in session, for attendance thereat and shall make no deduction whatever from the salaries of such teachers for the time so spent. § 775 Payment of expenses. The treasurer shall pay, on the warrant of the Comptroller, to the order of any one or more of the school commissioners, such sum of money as the Com- missioner of Education shall certify to be due to them for expenses in holding a teachers institute; and upon the like warrant and 280 THE UNIVERSITY OF THE STATE OF NEW YORK certificate shall pay to the order of any persons employed by the Commissioner of Education as additional instructors to conduct, instruct, teach or supervise any such teachers institute. § 776 Compensation and expenses of teachers at- tending institute or conference. A public school teacher under contract to teach in a public school who is required pur- suant to law or a regulation of the State Department of Education to attend an institute or conference held at a place other than that in which the school is located, in addition to his or her regular salary, shall be paid the sum of one dollar for each day or part of a day actually spent in attendance at such institute or con- ference, and ten cents a mile for each mile necessarily traveled in going to and returning therefrom. The teacher shall be paid the foregoing sums by the district in which he or she is under contract to teach in the first order drawn after the institute or conference and in the annual rej)ort of the trustees of such dis- trict the amount or amounts so paid shall be included therein and the same shall be repaid to the district out of the moneys appro- priated for the support of common schools and the amount so repaid shall be apportioned and paid to such district by the Com- missioner of Education at the same time and in the same manner as other public school moneys are apportioned and paid to such district. [Added by L. 1919, ch. 109, in effect March 27,1919.] ARTICLE 31 Training' Classes Section 790 Designation of schools for classes 791 Regulations for classes 792 Instruction free 793 School commissioners shall supervise and examine classes; teach* ers certificates 794 Teachers training schools or classes under superintendents of schools § 790 Designation of soliools for olasiei. The Com- missioner of Education shall designate the academies and union free schools in which training classes may be organized to give in- struction in the science and practice of common school teaching. Such classes shall be distributed among the academies and high schools of the several school commissioner districts of the State and consideration shall be given to the number of school districts in each and the location and character of the institution designated. EDUCATION LAW 231 § 791 Regulations for classes. 1 Every academy and union school so designated shall instruct a training class of not less than ten nor more than twenty-five scholars, and every scholar admitted to such class shall continue under instruction not less than thirty-six weeks. 2 Whenever it shall be shown to the satisfaction of the Com- missioner of Education that any pupil attending such classes has been prevented from attending the same for the full term of thirty- six weeks, or that for any reason satisfactory to such Commis- sioner, said classes have not been held for the full term of thirty- six weeks or have been attended by less than ten members, such Commissioner may excuse such default and allow to the trustees of the academy or union free school in which said classes have been instructed an equitable allowance proportionate to the number of pupils and period of instruction. 3 The Commissioner shall prescribe the conditions of admission to the classes, the course of instruction and the rules and regula- tions under which said instruction shall be given. § 792 Instruction free. Instruction shall be free to all scholars admitted to such classes, who have continued in them the length of time required by the preceding section. § 793 School commissioners shall supervise classes. Each class organized in any academy or union school under ap- pointment by the Commissioner of Education for the instruction in the science and practice of common school teaching, shall be sub- ject to the visitation of the school commissioner of the district in which such academy or union school is situated ; and it shall be the duty of said school commissioner to advise and assist the principals of said academies or union schools in the organization and manage- ment of said classes. § 794 Teachers training schools or classes under superintendents of ischools. The board of education or the public school authorities of any city or of any school district having a population of five thousand or more and employing a superintendent of schools, may establish, maintain, direct and control one or more schools or classes for the professional instruc- tion and training of teachers in the principles of education and in the method of instruction for not less than two years. i 232 THE UAIVEliSITY OF THE STATE OF NEW YOEK ARTICLE 32 Noxiual Schools; State Normal Colleg-e Section 810 Normal schools continued 811 Local boards 812 Powers of local boards j 813 Bond of treasurer ■ 814 Salary of secretary and treasurer 815 Local boards shall have management of buildings and propoity 816 Courses of study 817 Teachers, salaries et cetera 818 Commissioner may perform duties of defaulting local 1 oard 819 Diplomas 820 Requisites for admission; privileges and duties of pupils 821 Practice departments in Fred on i a school 822 Special policemen 823 Village or city may insure normal school property 824 Expense of insurance a village or city charge 825 Deposit of insurance moneys in bank 826 Acceptance of grants and bequests authorized 827 Education of Indian youth 828 Selection of Indian youth 829 Age of youth and limit of time for support 830 Guardians of youth 831 Indian pupils on equality with others 832 New York State Normal College 833 Board of trustees 834 Contracts for the education of children, residing in a city oi district, in which a state normal school is located 835 Industrial teachers' scholarships § 810 Normal schools continued. The state nonnal pohools heretofore established at Brockport, Buffalo. Cortland, Fredonia, Geneseo, Xew Paltz, Onconta, Oswego, Plattsburg and Potsdam, are continued. § 811 Local boards. There shall continue to be a local board of each of said state normal schools, corsisting of not less than three nor more than thirteen persons and the members thereof shall hold their officrs until rr moved by thr^ concurrent action of the Chancellor of the University and the Commissioner of Education. A vacancy in any of said boards shall be filled by appointment by the Commissioner of Education. § 812 Po"wers of local boards. l Local boards shall have the immediate supervision and managenient of said schools, subject, however, to the general supervision of the Commissioner of Education and to his direction in all things pertaining to the EDUCATION LAVT 233 Bcliool. Said local boards shall have power to appoint one of their number chairman, one secretary and another treasurer of the board. The secretary may also be treasurer. 2 A majority of each of said board shall form a quorum for the transaction of business, and in the absence of any officer of the board, another member may be appointed pro tempore to fill his place and perform his duties. 3 It shall be the duty of such board to make and establish, and from time to time to alter and amend, such rules and regulations for the government of such schools under their charge, respect- ively, as they shall deem best, which shall be subject to the approval of the Commissioner of Education. 4 They shall also severally transmit through the Commissioner of Education, and subject to his approval and in the form which he directs, a report to the Legislature on the first day of January in each year, showing the condition of the school under their charge during the year next preceding:, including, especially, an account in detail of their receipts and expenditures, which shall be duly verified by the oath or affirmation of their chairman and secretary. § 813 Bond of treasurer. The treasurer shall give an undertaking to the people of the State for the faithful perform- ance of his trust in an amount fixed by the Commissioner of Education. The undertaking shall be approved by said Commis- sioner and filed in the office of the Comptroller. § 814 Salary of secretary and treasurer. The secre- tary and the treasurer shall each be paid an annual salary to be fixed by the local board with the approval of the Commissioner of Education, but the aggregate amount of such salaries shall not exceed four hundred dollars. § 815 Local boards shall have manag^ement of building's and property. The local boards of managers of the respective normal schools in this State shall have the custody, keeping and management of the grounds and buildings provided or used for the purposes of such schools, respectively, and other property of the State pertaining thereto, with power to protect, preserve and improve the same. § 816 Courses of study. It shall be the duty of the Commissioner of Education to prescribe the courses of study to be pursued in each of said schools. § 817 Teachers, salaries, et cetera. 1 The commis- sioner of education shall determine the number of teachers to be ftd4 tttft tTNlVERSlTY OB" THE STATE OF NEW YORK employed and the classification of each position in the State Col- lege for Teachers and in each state normal school and the salaries of such teachers shall be subject to the provisions herein con- tained. The employment of such teachers shall also be subject to his approval. 2 The members of the faculty of the State College for Teachers shall be classified as follows: a. President. b. Dean. c. Dean of women. d. Professor. e. Assistant professor. f. Instructor. g. Assistant instructor. 3 The members of the faculty of each of the state normal and training schools shall be classified as follows : a. Principal. b. Head of department, or supervisor. c. Assistant in department. d. Teachers in charge of grades of children in the elementary- schools of practice as critic and model teachers. 4 Each member of the faculty of the State College for Teach- ers and of each of the faculties of the state normal and training schools shall receive an annual salary to be paid in ten equi payments. The first payment shall be made on the first day o| October each year and one payment thereafter on the first day o\ each month up to and including the first day of July. 5 Each person now holding or hereafter appointed to a posi- tion under the foregoing classification of the faculty of the said State College for Teachers shall receive the salary provided in the annual appropriation bill for such position, which salary shall be increased annually until the maximum salary as herein- after provided for such position is reached. No new appointment shall be made at a salary greater than the minimum salary here- inafter provided for the respective position except that not more than two annual increments may be allowed in addition to such minimum salary for unusual training or equivalent experience in other teaching positions, but in no case shall the amount to be paid be in excess of the amount appropriated therefor. For the posi- tions hereinafter named the minimum and maximum salaries and the annual increases shall be as follows : EDUCATION LAW 285 a. President, minimum salary, six thousand dollars ; maximum salary, six thousand five hundred dollars; annual increase, two hundred and fifty dollars. b. Dean, minimum salary, four thousand five hundred dollars; maximum salary, five thousand dollars ; annual increase, two hun- dred and fifty dollars. c. Dean of women, minimum salary, two thousand dollars; maximum salary, three thousand two hundred dollars; annual increase, two hundred dollars. d. Professor, minimum salary, three thousand dollars; maxi- mum salary, four thousand five hundred dollars ; annual increase, two hundred and fifty dollars. e. Assistant professor, minimum salary, two thousand dollars; maximum salary, three thousand dollars; annual increase, two hundred dollars. f. Instructor, minimum salary, one thousand five hundred dol- lars ; maximum salary, one thousand nine hundred dollars ; annual increase, one hundred dollars. g. Assistant instructor, minimum salary, one thousand two hun- dred dollars ; maximum salary, one thousand five hundred dollars ; annual increase, one hundred dollars. 6 Each person now holding or hereafter appointed to a posi- tion under the foregoing classification of the faculty of the state normal and training schools shall receive the salary provided in the annual appropriation bill for such position, which salary shall be increased annually as hereinafter provided. Xo new appoint- ment shall be made at a greater salary than the minimum salary herein provided for the respective positions, except that not more than two annual increments may be allowed in addition to such minimum salary for unusual training or equivalent experience in other teaching positions, but in no case shall the amount to be paid be in excess of the amount appropriated therefor. For the positions hereinafter named the minimum and maximum salaries and the annual increases shall be as follows : a. Principal, minimum salary, four thousand dollars; maxi- mum salary, five thousand dollars; annual increase, two hundred and fifty dollars. A deduction of five hundred dollars shall be made in the salary of a principal for whom the state provides a rcvsidence. b. Head of department, or supervisor, minimum salary, two tbonqarifl and five hundred dollars; mnximum salary, four thou- sand dollars for not to exceed five positions in any one school, 236 THE TJNIVETtSITY OF THE STATE OF NEW YORK and not more than three thousand and five hundred dollars for the others in such positions; annual increase, two hundred and aitj dollars. c. Assistant in a department, minimum salary, one thousand eight hundred dollars; maximum salary, two thousand six hun- dred dollars ; annual increase, two hundred dollars. d. Teacher in charge of grade as critic or model teacher, mini- mum salary, one thousand eight hundred dollars; maximum salary. two thousand six hundred dollars; annual increase, two hundred dollars. The foregoing classifications shall not apply to part-time teach- ers, extension teachers, teachers of evening classes or to teachers in summer sessions of the State College for Teachers or of the state normal schools. 'No person employed under any of the fore- going classifications shall he entitled to the annual increase herein- before provided whose service is nor meritorious. 7 The regents of the university shall determine the procedure! by which a member of the faculty of one of the institutions herein specified who has reached the maximum salary in his classifica- tion may be promoted to the next higher grade on evidence of continued meritorious services; provided, however, that in the] State College for Teachers the total number of professors shall not be increased beyond one such professor for each fifty full-time matriculated students; but nothing herein shall be constru9( 10 affect the number of such professors and assistant professoi employed in such State College for Teachers at the time this act shall take eifect. [Amended hy L. 1918, ch. 558; L. 1919, ch, 560; and hy L. 1920, ch. Jf99/in effect July 1, 1920. The sur^ of $118,080 was appropriated for the purpose of paying the sal- aries prescribed in the schedule of salaries provided for hy L. 1920, ch. ^99,] § 818 Commissioner may perform duties of de- faulting local board. During such time as any local board shall fail or refuse to discharge any duty the Commissioner of Education is hereby authorized to discharge such duty of such local boards or any of their officers; and the acts of said Com- missioner of Education in the premises shall be as valid and bind- ing as if done by a competent local board or its officers, or with their cooperation. § 819 Diplomas. The Commissioner of Education shall prepare suitable diplomas to be granted to the students of such EDUCATION LAW 237 school, who shall have completed one or more of the courses of study and discipline prescribed, and a diploma sicrned by him, the chairman and secretary of the local board and the principal of the school, shall be of itself a certificate of qualification to feach comiron schools. § 820 Requisites for admission; privileges and duties of pupils. 1 All applicants for admission to a nor- mal rchool shall be residents of this State, or if not, they shall be admitted only upon the payment of such tuition fees as shall be, from time to time, prescribed by the Commissioner of Educa- tion. Applicants shall present such evidences of proficiency or be subject to such examination as shall be prescribed by said Commissioner. 2 A normal school shall not receive into its academic depart- ment any pupil not a resident of the territory, for the benefit or advantage of whose residents the State has pledged itself to main- tain such academic department unless such pupil declares it to be her intention to remain in such school to complete the regular normal course. 3 All students duly admitted to the normal department shall be entitled to all the privileges of the school, free from all charges for tuition or for the use of books or apparatus, but every pui)il shall pay for books lost by him, and for any damage to books in his possession. Any pupil may be dismissed from the school by the local board for immoral or disorderly conduct, or for neglect or inability to perform his duties. § 821 Practice departments in Fredonia school. The local board of control of the state normal school at Fredonia shall have the same powers and privileges in respect to practice departments as boards of education, under subdivision 3 of section 310 and section 317 of this chapter. § 822 Special policemen. For the purpose of protecting and preserving such buildings, grounds and other property, and preventing injuries thereto, and preserving order, preventing dis- turbances, and preserving the peace in such buildings and upon such grounds, the local boards of managers of each of said normal schools shall have power, by resolution or otherwise, to appoint, from time to time, one or more special policemen, and to remove the same at y^leasure, who shall be police officers, with the sann^ powers as constables of the town or city where such school is located, whose duty it shall be to preserve order, and prevent dis-. 238 THE UNIVERSITY OF THE STATE OF NEW YORK turbances and breaches of the peace in and about the buildings, and on and about the grounds used for said school, or pertaining thereto, and protect and preserve the same from injury, and to arrest any and all persons making any loud or unusual noise, causing any disturbance, committing any breach of the peace, or misdemeanor or any wilful trespass upon such grounds, or in or upon said buildings, or any part thereof and convey such person or persons so arrested, with a statement of the cause of the arrest, before a proper magistrate to be dealt with according to law. § 823 Village or city may insure normal school property. Each village and city in this S'ate, wherein is located a state normal and training school, may insure and keep insured, the real and personal property of such school against loss or damage by fire, when the State refuses to insure, or keep ade- quately insured, such property. The insurance is to be in the name of the State, and in case of loss, any moneys obtained from such insurance are to be used and disposed of the same as if the State had effected such insurance. The amount of insurance to be carried shall be determined by the municipal authorities of such village or city. § 824 Expense of insurance a village or city charge. The amount of money necessary to effect and con- tinue such insurance shall be raised annunllv by such villasre or city at the same time, and in the same mannf^r, as the ordinary expenses of the village or city are raised. § 825 Deposit of insurance moneys in bank. Where any loss or damage, against which insurance exists, occurs to the real or personal property of any of the normal and training schools of the State, the moneys realized from such insurance shall be deposited by each company in which such property is insured in a bank to be designated by the State Comptroller, sub- ject to the check of the local board of managers of such school, countersigned by the State Comptroller. Such moneys shall be kept as a separate fund to the credit of the local board of man- agers of such school, and shall be immediately available to be expended under the direction of such local board of managers, subject to the approval of the Commissioner of Education, to re- pair or replace, wholly or partially, the real or personal property 80 damaged or destroyed. § 828 Acceptance of grants and beqrests antbor- ized. The local board of managers of any state normal and EDUCATION LAW 239 training scIioqI of this State, may accept, for the State, by and with the consent of the Commissioner of Education the gift, grant, devise or bequest of money or other property, and to * apply the same to any purpose, not inconsistent with the general purposes of such school, which shall be prescribed in the instrument by which such gift, grant, devise or bequest shall be made. § 827 Education of Indian youth. The State Treas- urer shall pay, on the warrant of the Comptroller, on bills ap- proved by the Commissioner of Education, from the general fund, such sum as may be appropriated for the support and education of Indian youth in the state normal schools. § 828 Selection of Indian youth. The selection of such youth shall be made by the Commissioner of Education, from the several Indian tribes located within this State ; and in making such selection due regard shall be had to a just participation in the privileges of this article by each of the said several tribes, and, if practicable, reference shall also be had to the population of each of said tribes in determining such selection. § 829 Age of youth and limit of time for support. Such youth shall not be under sixteen years of age, nor shall any of such youth be supported or educated at said normal schools for a period exceeding three years. § 830 Guardians of youth. The local board of each normal school shall be the guardians of such Indian youth, during the period of their connection with the school ; and shall pay their necessary expenses, as provided in section 827 of this article. § 831 Indian pupils on equality with others. The Indian pupils selected in pursuance of this article, and attending said normal schools, shall enjoy the same privileges, of every kind, as the other pupils attending said schools, including the payment of traveling expenses, not exceeding ten dollars to each pupil. § 832 New York State Normal College. 1 The state normal school heretofore established at Albany is continued under the name of the New York State Normal College and the execu- tive committee of said college shall be known as the board of trustees thereof. 2 The said state normal college shall be as heretofore, under the supervision, management and government of the Commis- sioner of Education and the Regents of the University. The said Commissioner and Regents shall from time to time, make all ^ So in original. 240 THE UNIVERSITY OF THE STATE OF NEW YORK needful rules and regulations; fix the number and compensation of teachers and others to be employed therein ; prescribe the exam- ination and the terms and conditions on which pupils shall be re- ceived and instructed therein ; the number of pupils from the re- spective counties conforming as nearly as may be to the ratio of population, and provide in all things for the good government and management of the said college. The board of trustees of such college may appoint a secretary and a treasurer and fix their compensation. [Subdivision 2 amended hy L. 1913, ch. 511.] § 833 Board of trustees. 1 The board of trustees hav- ing the care, management and government of said college shall consist of five persons of whom the Commissioner of Education shall be one. Said Commissioner shall be president ex ofiicio of said board. The other members of such board shall be appointed by said Commissioner subject to the approval of the Regents. 2 In addition to the powers and du'ies named herein the Com- missioner of Education and the board of trustees of said State jS'ormal College shall possess all the powers and duties which the said Commissioner and the local boards respectively possess under this article in relation to state normal schools. § 834 Contracts for the education of children, residing in a city or district, in Ttrhich a state normal school is located. The Commissioner of Education is author- ized to enter into a contract with the board of education of a city or district in which a state normal school is located for the education by the State, for such period of time as may be agreed upon, of all or part of the children of legal school age residing in such city or school district. Before such contract becomes binding, it must be approved by the Board of Regents. Such contract must be executed in duplicate and one contract filed with the Commissioner of Education and the other with the State Comptroller. A board of education in such a city or dis- trict is hereby authorized and empowered to enter into such con- tracts with the said Commissioner of Education and to perform all necessary acts to carry out the purposes of this act. [Added hy L. 1916, ch, 315.] § 835 Industrial teachers' scholarships. The commis- sioner of education is hereby authorized and empowered to award twenty-five industrial teachers' scholarships annually, under rules and regulations to be adopted by the rejjents of the university of the state of New York, which shall entitle the holders thereof to I EDUCATION LAW 241 receive from the state the sum of not more than two thousand dol- lars each for maintenance and support for tlie term of one year while in attendance upon the vocational department of a stnio normal school or schools. Only such men as shall possess satis- factory educational qualifications in the opinion of the commisr- sioner of education, and who have had at least five years of success- ful experience in a trade, industrial or technical occupation, sh:.ll be eligible to receive such scholarr-hipF-. The regents of the uni- versity of the state of Xew York shall determine from time to time the number of men to he selected from the several trades, industrial or technic:il occupations in order to meet the need of teachers in the vocational schools. [AdrJcd hy L. y920, cli. 853, in effect May 20, 1920. The sum of $50,000 roas appropriated for the purpose of carrying out the provisions of this act.] ARTICLE 33 Fines, Penalties, Forfeitures and Costs Section SoO Disposition of fines for benefit of comnion scliools 851 Report and payment of fines 852 Disposition of fines for benefit of schools of town, district or city 853 Disposition of fine in case of joint district 854 Penalty for falsely claiming to represent Commissioner of Educa- tion, Regents or other school officer 855 Forfeiture of amount of moneys lost by neglect S56 Forfeiture of amount of penalty where suit is neglected 857 No costs to plaintiffs in certain cases 858 Costs, expenses and damages a district charge in certain cases 859 Payment of costs, charges and expenses by vote of district meeting 860 Appeal to county judge 861 Hearing before county judge 862 Duty of trustees to carry out order § 850 Disposition of fines for benefit of common schools. Whenever, by any statute, a penalty or fine is imposed for the benefit of common school?, and not expressly of the common schools of a town or school district, it shall be taken to be for the benefit of the common schools of the county within which the con- viction is had; and the fine or penalty, when paid or collected, shall be paid forthwith into the county treasury, and the treasurer shall credit the same as school moneys of th^ county, imless the county comprise a city having a special school act, in which case he shall report it to the Commissioner of Education,, who shall 242 THE UNIVERSITY OF THE STATE OF NEW YORK I apportion it upon the basis of population by the last census, be- tween the city and the residue of the county, and the portion be- longing to the city shall be paid into its treasury. § 851 Report and payment of fines. Every district attorney shall report, annually, to the board of supervisors, all such fines and penalties imposed in any prosecution conducted by him during the previous year; and all moneys collected or received by him or by the sheriff, or any other officer, for or on account of such fines or penalties, shall be immediately paid into the county treasury, and the receipt of the county treasurer shall be a sufficient and the only voucher for such money. § 852 Disposition of fines for benefit of schools of tourn, district or city. Whenever a fine or penalty is inflicted or imposed for the benefit of the common schools of a town or school district, the magistrate, constable or other officer collecting or receiving the same shall forthwith pay the same to the county treasurer of the county in which the schoolhouse is located, who shall credit the same to the town or district for whose benefit it is collected. If the fine or penalty be inflicted or imposed for the benefit of the common schools of a city having a special school act, or of any part or district of a city, it shall be paid into the city treasury. § 853 Disposition of fine in case of joint district. Whenever a penalty or fine is imposed upon any school district officer for a violation or omission of official duty, or upon any person for any act or omission within a school district, or touch- ing property or the peace and good order of the district, and such penalty or fine is declared to be for the use or benefit of the common schools of the town or of the county, and such school district lies in two or more towns or counties, the town or county intended by the act shall be taken to be the one in which the schoolhouse, or Ihe schoolhouse longest owned or held by the district is at the time of such violation, act or omission. § 854 Penalty for falsely claiming to represent Commissioner of Education, Regents or other school officer. It shall be a misdemeanor for any employee, agent or representative of a firm, company or corporation engaged in selling, publishing or manufacturing papers, periodicals, books, maps, charts, school supplies, apparatus or furniture, or any other person engaged or employed in such business to falsely represent to a board of trustees or board of education of a school EDUCATION LAW 243 b I district or to a teacher employed in a public school in this State be| [)r to a superintendent of schools or other school officer that he is an agent, employee, or representative of the Commissioner of Education, the State Education Department, the Regents, or of any other school officer. § 855 Forfeitnre of amount of moneys lost by neglect. Whenever the share of school moneys or any portion thereof, apportioned to any town or school district, or any money to which a town or school district would have been entitled, shall be lost, in consequence of any wilful neglect of official duty by any school commissioner, town clerk, trustees or clerks of school districts, the officer guilty of such neglect shall forfeit to the town, or school district so losing the same, the full amount of such loss with interest thereon. § 856 Forfeiture of amount of penalty wliere suit is neglected. Where any penalty for the benefit of a school district, or of the schools of any school district, town, school commissioner district or county, shall be incurred, and the officer, whose duty it is by law to sue for the same, shall wilfully and unreasonably refuse or neglect to sue for the same, such officer shall forfeit the amount of such penalty to the same use, and it shall bo the duty of his successor in office to sue for the same. § 857 No costs to plaintiffs in certain cases. 1 In any action against school officers, including supervisors of towns, in respect to their duties and powers under this chapter, for any I act performed by virtue of or under the color of their offices, or for any refusal or omission to perform any duty enjoined by law, and which might have been the subject of an appeal to the Couiiiiissioner of Education, no costs shall be allowed to the plain- tiff, in cases where the court shall certify that it appeared on the trial that the defendants acted in good faith. 3 The provision of subdivision 1 of this section shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the Commissioner of Education. § 858 Costs, expenses and damages a district oharge in certain cases. 1 V^lienever the trustees of any school district, or any school district officers, have been or shall be instructed by a resolution adopted at a district meeting to defend any action brought against them, or to bring or defend an action or proceeding touching any district property or claim of the district, or involving its rights or interests, or to continue any 244 THE U^'IVERS1TY OF THE STATE OF 2s'EW YORK such action or defense, all their costs and reasonable expenses, as \vell as all costs and damages adjudged against them, shall be a district charge and shall be levied by tax upon the district. 2 If the amount claimed by them be disputed by a district meeting, it shall be adjusted by the county judge of any country in which the district or any part of it is situated. § 859 Payment of costs, charges and expenses b^ vote of district meeting. 1 Whenever such trustees or any school district officer shall have brought or defended any such action or proceeding, without any such resolution of the dis- trict meeting, and after the final determination of such suit or proceeding, shall present to any regular meeting of the inhabi- tants of the district, an account, in writing, of all costs, charges and expenses paid by him or them, with the items thereof, and verified by his or their oath or affirmation, and a majority of the voters at such meeting shall so direct, it shall be the duty of the trustees to cause the same to be assessed upon and collected of the taxable property of said district, in the same manner as other taxes are by law assessed and collected; and, when so collected, the same shall be paid over, by an order upon the collector or treasurer to the officers entitled to receive the same. 2 The provision of subdivision 1 of this section shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the Commissioner of Education. § 860 Appeal to county judge. 1 Whenever any office mentioned in section 859 shall have complied with the provisioi of such section and the meeting shall have refused to direct tU trustees to levy a tax for the payment of the costs, charges an( expenses claimed by him, such officer shall immediately give notice to such meeting that he will appeal to the county judge of the county in which such district is located from the refusal of said meeting to vote a tax for the payment of such claim. 2 Within ten days after the refusal of the meeting to allow such claim such officer shall serve upon the clerk of the district or, if there be no district clerk, upon the town clerk of the town an itemized statement of his claim, duly verified, together with a written notice that on a certain day named therein such officer will present such claim to the county judge for settlement. 3 The clerk upon whom such notice and claim are served shall file the same in his office and such notice and claim shall be sub- ject to the inspection of any of the inhabitants of the school district. EDUCATION LAW 245 \ 4 The meeting at which notice of the intention of such officer to appeal to the county judge is given or any subsequent district meeting, duly called, may appoint one or more of the legal voters of such district or authorize the trustee to employ counsel io ^appear before the county judge at the time fixed for a hearing on such claim and protect the rights of the district upon such Fettlement. The expenses incurred in the performance of this duty shall be a charge upon the district and the trustees upon a presentation of the account of such expenses with. proper vouchers therefor shall pay the same from any available funds in the district or include the necessary amount in a tax-list to be levied upon the district. 5 A refusal of the trustees to levy such tax for the payment of such expenses shall be subject to an appeal to the Commissioner of Education. § 861 Hearing before county judge. 1 Upon the appearance of the parties, or upon due proof of service of the notice and copy of the account, the county judge shall examine into the matter and hear the proofs and allegations presented by the parties, and decide by order whether or not the account, or any and what portion thereof, ought justly to be charged upon the dis- trict, with costs and disbursements to such officer. 2 Such costs and disbursements shall not exceed the sum of thirty dollars, and the decision of the county judge shall be final; but no portion of such account shall be so ordered to be paid which shall appear to such judge to have arisen from the wilful neglect or misconduct of the claimant. The account with the oath of the party claiming the same shall be prima facie evidence of the cor- rectness thereof. The county judge may adjourn the hearing from time to time, as justice shall seem to require. § 862 Duty of trustees to carry out order. It shall be the duty of the trustees of any school district, within thirty days after service upon them or upon the district clerk of a copy of an order of the county judge and notice thereof to them or any two of them, to cause the same to be entered at length in the book of record of said district, and to raise the amount thereby directed to be paid, by a tax upon the district, to be by them assessed and levied in the same manner as a tax voted by the district. 246 THE UNIVBBSITY OF THE STATE OF NEW YOBK ARTICLE 33-A [Added ly L. 1917, ch. 786, in effect June 8, lOm Board of Education in the Several Cities of tlie State Section 865 Board of education SG6 Board of education; eligibility; how chosen; term of office; vacancies 867 Meetings of board of education 868 Powers and duties of board of education 869 Superintendent of schools S70 Powers and duties of superintendent of schools 871 Board of examiners 871 -a Bureau of compulsory education, school census and child welfare 872 Appointment of associate, district or other superintendents, teachers, experts and other employees; their salaries, et cetera 872-0 Retirement of employees of board of education 873 Local school board districts 874 Bonds of employees 875 Buildings, sites, et cetera 876 Purchase and sale of real property 877 Education budget 878 Tax election 879 Bond issue 880 Funds; custody and disbursement of 881 Continuation in office of boards, bureaus, teachers, prineipaU and other employees § 865 Board of education, i A board of education is hereby established in each city of the State. The educational affairs in each city shall be under the general management and control of a board of education to consist of not less than three and not more than nine members, to be chosen as hereinafter pro- vided, and to be known as members of the board of education. The number of members on the board of education of each city shall be as follows : a A city having nine members or less on its board of education shall continue to have such number of members on said board as such board contains at the time this law goes into effect. h A city having a population of one million or more shall have a board of education to consist of seven members. c In all other cities of the State the number of members of the board of education shall be nine. 2 A board of education in ofTice at the time this law goes into EDUCATION LAW 247 effect except as hereinafter provided shall continue in office and possess the powers and duties of a board of education under this article until its successor shall ]ye chosen as provided herein. 3 Except as otherwiirc provided in this act the provisions of this act shall apply to <'ind govern the operation and administra- tion of the public school system nnd other educational affairs in a city which is created after this act goes into effect. The authori- ties in charge of the operation and administration of the schools and other educational affairs of the school districts included within such city at the time the act creating such city goes into effect shall continue in charge thereof until the first Tuesday in May thereafter. On such first Tuesday in May a board of education consisting of five members shall be elected at the annual school election in accordance with the provisions of this chapter. One member of such board shall be elected for one year, one member for two years, one member for three years, one member for four years, and one member for five years from the said first Tuesday of May. As their terms expire their successors shall be chosen for a full term of five years. [Added by L. 1917, ch. 786, and amended by L. 1919, ch. 299, in effect May 3, 1919.] 4 In a city of the third class, created or to be created by the consolidation of two cities situated, respectively, in two adjoining counties, in which, at the time of the creation of such consolidated city, a school district shall be coterminous with the boundaries of one such city and there shall be in the other city a school district wholly within its boundaries but not coterminous therewith, such districts shall constitute the city school district of such consoli- dated city, and the board of education thereof shall be a city board of education, within the meaning of this article, but such board shall be constituted and organized as provided in this sub- division. The terms of office of the members of the respective boards of education of the two districts so consolidated shall expire thirty days after the first mayor of such new city takes office. Within such period of thirty days after the first mayor of such new city takes office ho shall appoint a board of educa- tion for such consolidated district, to consist of five members whose terms of office shall begin thirty days after such mayor takes office. The terms of office of the members of such board of education shall be respectively one, two, three, four and five >ears, except that the term of office shall end on the first Tuesday in May in each year. As their terms of office expire their suc- cessors shall be appointed by the mayor of such city for a full 248 THE UNIVEESITY OF THE ST-'.TE OF NEW YORK term of five years each. [Added hy L. 1919, ch. 299, in effect May S. 1919.'] § 866 Board of education; eligibility; liow chosen; term of office; vacancies. 1 No person shall he eligible to the office of member of a board of education who is not a citizen of the United States and who has not been a resident of the city for which he is chosen for a period of at least three years immediately preceding the date of his election or appointment 2 In a city having a population of one million or more and divided into boroughs, there shall be a board of education con- sisting of seven members. Two members of such board shall be residents of the borough having the largest population, two shall be residents of the borough having the second largest population, and one shall be a resident of each of the otheT boroughs in such city. The mayor shall appoint such members on the first Wednes-i day in January, 1918, and in appointing them shall designate thej terms of office of such members so that the term of one memben shall expire on the first Tuesday in May, 1919; one on the first Tuesday in May, 1920; one on the first Tuesday in May, 1921 : one on the first Tuesday in May, 1922; one on the first Tuesday in May, 1923; one on the first Tuesday in May, 1924; and one on the first Tuesday in May, 1925. Their successors shall be chosen for full terms of seven years. Thereafter, as vacancies occur on such board they shall be filled from the several boroughr SO that each borough shall ahvays be represented on such board sa required under this subdivision. A vacancy occurring otherwise than by expiration of term shall be filled for the unexpired term. 3 In each city in which the law provides, prior to the timt this article goes into effect, that the members of the board of education shall be cliosen by vote of the people at an election separate from the general or municipal election, the members of» the board of education of that city shall hereafter be elected by the voters at large at the annual school election. 4 In each city in which the law provides, prior to the tinu this article goes into effect, that the members of the board o£ education shall be chosen by vote of the people at a general oi municipal election, the members of such board of education shall continue to be so chosen by the voters at large at either a general or municipal election, or at both, and for the terms prescribed by such law. 4r-a In each city of the State in which^ under the laws relative to members of the board of education or school commissioners, in EDUCATION LAW 249 ^ existence prior to June 8, 1917, it was provided that such members or commissioners comi)rising the board of education of such city shall be, in part, appointed by the common council of such city, and, in part, elected by the qualified electors of commissioner districts into which such city is divided, the members or commis- sioners comprising such board of education shall continue to be appointed by the common council, or elected by such commissioner districts, in the manner and for the terms prescribed by such laws, and so much of the said laws as pertains to the number of members of the board of education of such city, the division of the city into commissioner districts, the election of commissioners or members of the board by the qualified electors of such dis- tricts, and the appointment of othe]* members or commissioners for the city at large by the common council of such city, shall remain in full force effect notwithstanding the provisions of the -oction hereby amended. The provisions of article 7-a of this chapter, as added by chapter 791 of the Laws of 1917, which pertain to the date of school elections in cities, qualifications of electors, the places of holding elections, notices of elections, the preparation of poll lists and the correction therefor, the inspectors of election and the organization of the boards of inspectors in election districts, the nomination of candidates for members of the board and the ballots containing the names of such candidates, the conduct of elections, the canvass of votes, return to the board of education and declaration of results, and the use of voting machines, shall apply, so far as may be, to the election of the members of the board of education in such city by the qualified electors of commissioner districts established as provided by law. [Added hij L. 1919, ch. 106,, in ejfect March 21, 1919.] 5 In each other city of the State members of the board of education shall be appointed from the city at large by the mayor except as otherwise provided herein, but in a city having a popu- lation of four hundred thousand or more and less than one million, such appointments shall be subject to confirmation by the council. The members of the board of education in a city having a popula- tion of four hundred thousand or more and less than one million rhall be appointed by the mayor on January' 15, 1918, subject to confirmation by the council, for terms of one, two, three, four and five years from the first Tuesday in May, 1917, and their succes- ors shall be appointed as provided herein for five years. 6 If the num.ber of members on a board of education in a city Ml which the members of such board are chosen at an annual I 260 THE UNIVERSITY OF THE STATE OF NEW YORK school, general or municipal election exceeds nine, no person shall be elected to membership thereon as vacancies occur until the number of members on such board shall be less than nine. 7 If the number of members on a board of education in a citv in which the members of such board are appointed by the mayor exceeds nine, the term of office of each member of such board shal) cease and terminate when this act takes effect, except as other- wise provided herein, and the mayor in each of such cities shall thereupon appoint a board of education to consist of nine mem-^ bers. Such members shall be appointed for the following terras: two members to serve until the first Tuesday in May, 1918; two to serve until the first Tuesday in May, 1919 ; two until the first Tuesday in May, 1920 ; two until the first Tuesday in May, 1921, and one until the first Tuesday in May, 1922. As their terms expire, their successors shall be chosen for a full term of five years. 8 The persons either elected or appointed to membership for a full term on a board of education, and their successors in office, shall be elected or appointed for terms of five years each, exce as otherwise provided in this act. 9 In a city having less than five members on its board education the term of office of such members shall be for the period of time specified in the law in effect prior to the time this act goes into effect. As the terms of office of such members expire their successors shall be chosen for like terms. 10 a When vacancies occur in a board of education by expira- tion of term, prior to the first Tuesday in May, 1921, in a city in which the members of such board are elected at the annual school election held on the first Tuesday in May, such vacancies shall be filled for such teniis that the terms of one-fifth, or as near as may be, of all members of such board shall expire on the first! Tuesday in May, 1921, and annually thereafter. h Where such vacancies have been filled by appointment byi the mayor as required herein since June 8, 1917, or shall be hereafter so filled, the mayor shall designate the terms for which such persons so appointed are to hold office so that the terms of one-fifth, or as near as may be, of the members of such board shall expire on the first Tuesday in May, 1921 and annually thereafter. c The persons fjo elected or appointed shall take office imme- diately thereafter, except as otherwise provided herein. [Suhd. a amended hy L. 1918, ch. 252, in effect April 17, 1918.] 11 If a vacancy occurs other than by expiration of term of EDUCATION LAW 251 >ffice in the oflSce of a member of a board of education in a city in which such members are elected at a school, or general, or nunicipal election, such vacancy shall be filled by appointment yy the mayor until the next annual school election is held, and such vacancy shall then be filled at such election for the unexpired portion of such term. 12 If such vacancy occurs in such office in a city in which the members of the board of education are appointed by the mayor, such vacancy shall be filled by appointment by the mayor of such, city for the unexpired portion of such term, but in a city having a population of four hundred thousand or more and less than one million, such appointment shall be subject to confirmation by the council. [Added by L. 1917, ch. 786, in effect June 8, 1917.] § 867 Meetings of board of education. 1 The annual meeting of a board of education shall be held on the second Tuesday in May, at four o'clock in the afternoon, at which meet- ing the board shall select a president for the ensuing year. 2 Each of such boards shall also fix the . day and hour for holding regular board meetings which shall be at least as often as once each month and shall also prescribe a method for calling special meetings of such board. [Amended hy L. 1918, ch. 252, m effect April 17, 1918.'] § 868 Poivers and duties of board of education. Subject to the provisions of this chapter, the board of education in a city shall have the power and it shall be its duty 1 To perform any duty imposed upon boards of education or trustees of common schools under this chapter or other statutes, or the regulations of The University of the State of 'New York or the Commissioner of Education so far as they may be applicable to the school or other educational affairs of a city, and not incon- sistent with the provisions of this article. 2 To create, abolish, maintain and consolidate such positions, divisions, boards or bureaus as, in its judgment, may be neces- sary for the proper and efficient administration of its work ; to appoint a superintendent of schools, such associate, district and other superintendents, examiners, directors, supervisors, princi- pals, teachers, lecturers, special instructors, medical inspectors, nurses, auditors, attendance officers, secretaries, clerks, janitors and other employees and other persons or experts in educational, social or recreational work or in the business management or j direction of its affairs as said board shall determine necessary ' for the efficient management of the schools and other educational. II 252 THE UNIVERSITY OF THE STATE OF NEW YORK social, recreational and business activities ; and to determine theii duties except as otherwise provided herein. 3 To have the care, custody, control and safekeeping of al school property or other property of the city used for educational social or recreational work and not specifically placed by laT under the control of some other body or officer, and to prescribe rules and regulations for the preservation of such property. 4 To purchase and furnish such apparatus, maps, globes books, furniture and other equipment and supplies as may hi necessary for the proper and efficient management of the school! and other educational, social and recreational activities and inter ests under its management and control. To provide textbook? or other supplies to all the children attending the schools of suchi cities in which free textbooks or other supplies are lawfully pro vided prior to the time this act goes into effect. 5 To establish and maintain such free elementary schools high schools, training schools, vocational and industrial schools kindergartens, technical schools, night schools, part-time or con tinuation schools, vacation schools, schools for adults, open aii, schools, schools for the mentally and physically defective f^hjl dren or such other schools or classes as such board shall deem I necessary to meet the needs and demands of the city. 6 To establish and maintain libraries which may be open tc the public, to organize and maintain public lecture courses, and to establish and equip playgrounds, recreation centers, social ' centers, and reading rooms from such funds as the Educatior Law or other statutes authorize and the State appropriates foi such purposes, and from such other funds as may be provided therefor from local taxation or other sources. 7 To authorize the general courses of study which shall be given in the schools and to approve the content of such courses before they become operative. 8 To authorize and determine the textbooks to be used in thej schools under its jurisdiction, but in a city having a board ol! superintendents, the books thus authorized and determined shall be from lists recommended by such board. 9 To prescribe such regulations and by-laws as may be neces sary to make effectual the provisions of this chapter and for the conduct of the proceedings of said board and the transaction of its business affairs for the general management, operation, con- trol, maintenance and discipline of the schools, and of all othei EDUCATION LAW 253 [educational, social or recreational activities and other interests kinder its charge or direction. 10 To perform such other duties and possess such other pow- ers as may be required to administer the affairs placed under its control and management, to execute all powers vested in it, and to promote the best interests of the schools and other activities committed to its care. [Added hy L. 1917, ch. 786, in effect Junes, 1917.'] § 869 Superintendent of schools, associate super- intendents, board of superintendents. The superin- tendent or an associate superintendent of schools of a city in office when this article goes into effect shall hold his position for the term for which he was chosen and until his successor is chosen. A superintendent or associate superintendent appointed after this article goes into effect shall hold his position in a city of the first class for a period of six years from the date of his appointment subject to removal for cause and in all other cities subject to the pleasure of the board of education. In a city hav- ing a population of one million or more there shall be eight asso- ciate superintendents, and the superintendent of schools and such associate superintendents shall constitute a board of superintend- ents. The superintendent of schools shall be the chairman of such board. A superintendent or an associate superintendent may vacate his position by filing a written resignation with the board of education. Xo person shall be eligible to the position of superintendent of schools or associate, district or other super- intendent of schools or a member of the board of examiners unless he is 1 A graduate of a college or university approved by The 1 1 University of the State of ISTew York, and has had at least five IJrears' successful experience in the teaching or in the supervision IHf public schools since graduation ; or I^B 2 A holder of a superintendent's certificate issued by the r^!)ommissioner of Education under regulations prescribed by the Regents of The University of the State of New York, and ha? had at least ten years' successful experience in teaching, or in public school administration, or equivalent educational experience approved by the Commissioner of Education. [Added hy L, 1917 , rJi. 786, in effect June 8,1917.'] § 870 Poivers and duties of superintendent of ehools. The superintendent of schools of a city shall possess, i 254: THE UNIVERSITY OF THE STATE OF NEW YOKK Bubject to the by-laws of the board of education, the following powers and be charged with the following duties: 1 To enforce all provisions of law and all rules and regula- tions relating to the management of the schools and other educa- tional, social and recreational activities under the direction of the board of education, to be the chief executive officer of such board and the educational system, and to have a seat in the board of I education and the right to speak on all matters before the board, but not to vote. 2 To prepare the content of each course of study authorized by the board of education, but in a city having a board of super- intendents the content of each of such courses shall be prepared and recommended by the board of superintendents, submitted toi the board of education for its approval and, when thus approved, the superintendent or board of superintendents, as the case mayi be, shall cause such courses of study to be used in the gradeSj_j_ classes and schools for which they are authorized. 3 To recommend suitable lists of textbooks to be used in tl schools, but in a city having a board of superintendents sue board of superintendents shall recommend to the board of educ tion such lists. 4 To have supervision and direction of associate, district other superintendents, directors, supervisors, principals, teachei lecturers, medical inspectors, nurses, auditors, attendance officers janitors and other persons employed in the management of the schools or the other educational activities of the city authorized by this chapter and under the direction and management of t board of education; to transfer teachers from one school another, or from one grade of the course of study to another grade j in such course, and to report immediately such transfers to said j board for its consideration and action, but in a city having a board i of superintendents such transfers shall be made upon the recom- j mendation of such board; to report to said board of education violations of regulations and cases of insubordination, and to sus- pend an associate, district or other superintendent, director, super- visor, expert, principal, teacher or other employee until the next regular meeting of the board, when all facts relating to the case shall be submitted to the board for its consideration and action. 5 To have supervision and diToc'^'on over the enforcement and observance of the courses of study, the examination and promo- tion of pupils, and over all other matters pertaining to play- grounds, medical inspection, recreation and social center work, 1 EDUCATION LAW 255 ibraries, lectures and all the other educational activities and aterests under the management, direction and control of the .card of education, but in a city having a board of superintend- !nts rules and regulations for the promotion and graduation of •upils shall be made by such board. 6 To issue such licenses to teachers, principals, directors and ther members of the teaching and supervising staff as may be equired under the regulations of the board of education in cities n which such board requires its teachers to hold qualifications in .ddition to or in advance of the minimum qualihcations required mder this chapter. In a city having a board of examiners, such icenses shall be issued on the recommendation of such board. 'Added hy L. 1917, ch. 786, in effect June 8, 1917.] § 871 Board of examiners. In a city having a popula- ion of one million or more there shall be a board of examiners to !onsist of seven members. No person while in the supervising or caching service in the city shall serve on such board. It shall be [he duty of the board to hold examinations whenever necessary, examine all applicants who are required to be licensed or to lave their names placed upon eligible lists for appointment in ;he schools in such city, except examiners, and to prepare all lecessary eligible lists. Eligible lists shall not be merged and me eligible list shall be exhausted before nominations are made from a list of subsequent date. No eligible lists, except a prin- iipal's eligible list, shall remain in force for a longer period than :hree years. The board of examiners may employ temporary assistants at a compensation fixed by the board of education. It shall perform such other duties as the board of education may require. [Amended hy L. 1917, ch. 786, and L. 1920, ch. 837, in effect Mwy 20, 1920.] § 871-a Bureau of compulsory education, school census and child welfare. In a city having a population of one million or more there shall be a bureau of compulsory educa- tion, school census and child welfare. Said bureau shall consist of a director, an assistant director, a chief attendance officer, and such other supervisors, attendance officers, enumerators, clerks and other employees as may be necessary to carry out the provisions of articles twenty-two, twenty-three and twenty-four of the educa- tion law, and to perform other and related duties imposed by the provisions of any other statutes or requirements of the board of education. Attendance officers and supervisinjr attendance offi- cers of every grade shall be appoiri tod from eli'T'ihle lists prepared i 256 THE UNIVEESITY OF THE STATE OF NEW YOFvK: in the same maimer and by the same authority as are eligiL^e lists for teachers and ^ subjects likewise to the provisions of section eight hundred and seventy-two as to tenure of Oiii:!e ; but an eligible list for attendance officers in existence when this act tak(- effect shall be exhausted before nominations are made from aiij eligible list subsequently established. Those persons who as thf^ result of appointment or assignment are serving in any of tl; positions hereinbefore described when this act goes into e(fe( shall hold their respective positions during good behavior aixl efficient and competent service and shall not be removable excej) for cause after a hearing by a majority vote of the board of education. The director of said bureau shall have power to com mit and parole truant and delinquent children in the mann( provided by section six hundred and thirty-five of the education law but this authority may be delegated in his absence or dis- ability as the board of education shall provide. The superin tendent of schools shall have general supervision of the bureau of compulsory education, school census and child welfare. [Added hy L. 1920, ch. 612, in effect May 10, 1920.] § 872 Appointment of district or other superin- tendents, teachers and other employees; their sala- ries, et cetera. 1 District superintendents, directors, super visors, principals, teachers and all other members of the teachini: and supervising staff, except associate superintendents and exam iners, authorized by section 868 of this article, shall be appoints by the board of education, upon the recommendation ot the super intendent of schools, but in a city having a board of superinten; dents on the recommendation of such board, for a probationary; period of not less than one year and not to exceed three years: such period to be fixed by the board of education in its discretion.; The service of a person appointed to any of such positions may be discontinued at any time during such probationary period on the recommendation of the superintendent of schools, and ii a city having a board of superintendents on the recommendatioi of such board, by a majority vote of the board of education. 2 Associate superintendents, examiners and all other employee.' authorized by section 868 of this article, except as otherwise pro vided in subdivision 1 of this section, shall be appointed by th( board of education. 3 At the expiration of the probationary term of a persor * So in original. EDUCATION LAW 25? ppointed for such term, the superintendent of schools, and, in city having a board of superintendents, such board shall make written report to the board of education recommending for per- lanent appointment those persons who have been found compe- pnt, efficient and satisfactory. Such persons and all others 'mployed in the teaching, examining or supervising service of he schools of a city, who have served the full probationary period, r have rendered satisfactorily an equivalent period of service irior to the time this act goes into effect shall hold their respective lositions during good behavior and efficient and competent service, jnd shall not be removable except for cause after a hearing by jhe affirmative vote of a majority of the board. In a city in v'hich teachers have not permanent tenure under the laws in force )rior to the time this act goes into effect, such teachers shall be ntitled to receive pennanent appointments after serving the )robationary period fixed by the board of education as herein )rovided. 4 No principal, supervisor, director, or teacher shall be ippointed to the teaching force of a city who does not possess [ualifications required under this chapter and under the regula- ;ions prescribed by the Comm.issioner of Education for the persons ?mployed in such positions in the schools of the cities of the State, )ut a board of education may prescribe additional or higher qual- .fications for the persons employed in any of such positions. i 5 In a city having a population of four hundred thousand or 'nore, recommendations for appointment to the teaching and jmpervising service, except for the position of superintendent of iJchools, associate superintendent or district superintendent, or 'director of a special branch, principal of or teacher in a training school, or principal of a high school, shall be from the first three jpersons on appropriate eligible lists preyjared by the board of |3xaminers. Eli,e:ible lists in force at the time this act takes offect and the relative standing of persons whose names are on aid lists shall not be affected by the passage of this act. The •oard of education, on the recommendation of the superintendent 'f schools, and in a city having a board of superintendents on the •ommendation of snch board, shall designate, subject to the ^r provisions of this chapter, the ki)id and grades of licenses ' 'ch shall be required for service as principal, branch principal, ector, supervisor or teacher of a special branch, head of depart- ent, assistant or any other position of the teaching staff toge'her |with the academic and professional qualifications required for 9 ■ 258 THE UNIVERSITY OF THE STATE OF NEW YORK each kind or grade of license. ^o person required to have license under the provisions of this chapter in order to be emplov in a position who does not have such license shall have any clai for salary. 6 The salaries of all members of the supervising and teaching force and of all employees and for all positions authorized undei section 868 of this act shall continue to be on the same basis k such salaries and positions are when this article goes into effect and such salaries shall continue to be regulated and increased ii the same manner, by the same provisions of law and under th( same conditions as such salaries are regulated and increased undei the laws governing such salaries at the time this article goes int( effect. Rules and regulations shall be adopted governing excusing of absences and for the granting of leaves of absence either with o: without pay. [Added by L, 1917, ch. 786, in effect June 8i 1917,'] § 872-a Retirement of employees of board of edu- cation. The board of education in a city having a population o: one hundred thousand or more shall have power to establish i retirement system for all civil employees permanently employe< by said board other than superintendents and teachers who maj now be retired under the provisions of other retirement laws The board of education of such city shall adopt appropriate ru and regulations for the government, management and control the retirement of said employees. Before they become effect^ such rules and regulations must be approved by the board of es 'mate and apportionment in a city having such body, and in a ci not having such body by the common council or such other office or bodies as have the management and control of financial affair^ similar to that exercised by such board of estimate and apportion ment. The board of estimate and f.pportionment in a city haviiv such body, and in other cities the officers or bodies performin the functions similar to those of a board of estimate and apportioi ment, shall appropriate annually the sum necessary to pay tbi expenses of the administration of this act and to also pay suel pensions to the employees herein described as they shall be entith to receive annually under the rules and regulations prescribed b} the board of education and approved by the said board of estimate and apportionment or other authorities. The rules and regula- tions prescribed by the board of education and approved by th board of estimate and apportionment or other authorities namec ^ EDUCATION LAW 259 ■rein shall provide for the annua i payment of a pension which lall be a per centum of the average annual personal compensation f an employee for the ten years of service immediately preceding is retirement. [Added by L. 1918, ch. Jf-96; amended hy L. 920, ch. 500, in effect May 4. 1920.] § 873 Local schooi board districts. 1 The local shod board districts in a city having a population of one million r more are hereby continued as they exist at the time this article •oes into effect subject, however, to the provisions contained erein. The bonrd of education of such city may modify the oundaries of tuch districts, consolidate two or more of such dis- ricts, and establish new districts. 2 There shall be in each of such districts a local school board 'f five members appointed by the president of the borough in irhich such district is located. The board of education shall lesignate as a member of a local school board one mem.ber of the loard of education and the city superintendent of schools shall issign one district superintendent to advise with such board. 3 The members of such local school boards in office prior to he time this article goes into effect shall serve for the term for ^hich they were appointed. The full term of office of a member ►f such board shall be five years. A vacancy on such board shall )e filled by the borough president for the unexpired term. 4 Subject to the provisions of this chapter a local school ward shall within its district have the power and it shall be its Inty to visit the schools at least once every quarter; to make •ecommendations to the board of education with respect to matters ifFecting the interests of the schools; subject to the by-laws of the )oard of education, to transfer teachers from school to school, ;o excuse absences of teachers, to hear charges agamst principals )r teachers and make recommendations thereon to the board of iducation, and to perform such other duties as may be required mder said by-laws; to provide by-laws regulating the exercise )f the powers and duties vested in it, provided such by-laws are aot in conflict with the by-laws of the board of education ; to elect a secretary and determine his duties. The secretary is hereby authorized to administer oaths and take affidavits in all matters pertaining to the schools in his district, in which a local school [board has power to act, and for that purpose shall possess all the powers of a commissioner of deeds, but shall not be entitled to jany fees or emolum.ents thereof. The board of education shall 'provide for the expenses of a local school board and for its places of meeting. [Added hy L. 1917, ch. 786, in effect June 8, 1917.] 260 THE UNIVERSITY OP THE STATE OF NEW YORK § 874 Bonds of employees. The board of estimate audi apportionment of a city or in a city having no hoard of estimate and apportionment the body or officer performing the duties per- formed by a board of estimate and apportionment which may now" legally require bonds of such employees may continue to require bonds of such employees in such amount as such board of esti-, mate and appk)rtionment or other body or officer shall determine.! In all other cities bonds may be required of such employees by the board of education. The premiums on such bonds shall be paid by the city. [Added by L. 1917, ch. 786, in ejfect June 8 1917,] § 875 Buildings, sites et cetera. 1 A board oj education is authorized and it shall have power to purchase. repair, remodel, improve or enlarge school buildings or other buildings or sites, and to construct new buildings, subject to sucL limitations and restrictions and exceptions as are herein provided. 2 Whenever in the judgment of a board of education it it necessary to select a new site, or to enlarge a present site, or tc designate a playground or recreation center, or to acquire titk to or lease real property for other education purposes authorized by this chapter, such board may take options on property desirabk for such purposes but before taking title thereto shall pass i resolution stating the necessity therefor, describing by metes anc bounds the grounds or territory desired for each of these pur poses, and estimating the amount of funds necessary therefor An item for such amount if funds are not available for the pur chase or lease of such property may be included in the next annua budget if not included in a special budget as herein provided. 3 Whenever in the judgment of a board of education the need of the city require a new building for school purposes or for recre ation or other educational purposes authorized by this chapter or when in its judgment a building should be remodeled o enlarged, such board A.all pass a resolution specifying in detai the necessity therefor and estimating the amount of funds neces sary for such purpose. An item for such amount if funds art not available for the construction of such building may 1 included in the next annual budget if not included in a specia budget as herein provided. 4 No site shall be designated except upon a majority vote o a board of education and no building shall be constructed, remod EDUCATION LAW 261 or enlarged until the plans and specifications therefor are iproved by the board of education. ^6 After a site has been selected and plans and specifications a building thereon have been approved as provided herein, a rd of education in a city having a population of more than r hundred thousand but less than one million may, in its iscretion, by regulation deliver such plans and specifications to he council which may thereupon, in its discretion, award a con- ract for the erection of such building in the same manner and 11 accordance with the provisions of law regulating the award- ing of contracts for the construction of municipal buildings of luch city. 6 In a city of the second class in which the common council, .; ihe board of estimate and apportionment and the board of con- tract and supply and the commissioner of public works or other 'ity officials, or any one or more thereof, has the authority under jhe law in force prior to the time this act takes effect to erect, '-emodel, improve, or enlarge school buildings or to purchase sup- )lies or real property for any school purpose, such officers, board or boards shall continue to possess such powers and duties and to perform such functions. 7 When the real property of a city under the control and management of the board of education is no longer needed for • lucational purposes in the city, such board shall notify the com- iiioii council of such fact and in a city having no common council, ' •> council or the commissioners of the sinking fund, and such !iimon council or such council or such commissioners of the iking fund, as the case may be, may then sell or dispose of such j voperty in the manner in which other real property owned by tlio city may be sold or disposed of and the proceeds thereof shall I)c credited to the funds under the control and administration of " '> board of education in such city, except that in cities where <^ proceeds of such sales are required by statute, in effect prior to the time this article goes into effect, to be paid to the credit nf the sinking fund established and maintained therein, the pro- ceeds of such sales shall continue to be paid to the credit of the J^mking fund of such city or cities as required by statute, and .except that in a city having a council or a board of estimate and ' ; apportionment, such council or board may, by resolution, I I authorize the use of the proceeds of such sale for other municipal 'purposes. THE UjS^IVEESITY OF THE STATE OF I^EW YOEK 8 No contract for the purchase of supplies, furniture, equip ment, or for the construction or the alteration or remodeling o: any building shall be entered into by a board of education involv- ing an expenditure or liability of more than one thousand dolla unless said board shall have duly advertised for estimates for tb same and the contract in each case shall be awarded to the lowest responsible bidder furnishing the security as required by such board. [Added by L. 1917, ch. 786, in effect June 8, 1917.] § 876 Purcliase and sale of real property. Tb board of education may purchase real property for any of tb purposes authorized by law and shall take title thereof in the name of the city, or when the boundaries of a city and a cilj school district are not coterminous, in the name of the city school district, and when the owner of such property refuses to sell the same or such board is unable to agree with the owner of such property on the purchase price thereof, it shall have the powea and authority to institute such proceedings and take any action necessary to acquire title to such property under and pursuant to the provisions of the condemnation law, city charter, or of any special statute authorizing proceedings to acquire title by right to eminent domain, except that in a city in which the common council, board of contract and supply or other city officers oi body are authorized and empowered by law to acquire title to real property for school purposes under the laws in force at the time this act goes into effect, said council, board, officers or body shall continue to possess such powers and shall exercise the samCj including the power to condemn real property for* said purposes, under the provisions of law relating thereto notwithstanding any of the provisions contained in this act. [Amended by L. 1918 ch. 252, in effect April 17, 1918.] § 877 Annual estimate. 1 The board of education in each city having a population of less than one million shall pre pare annually an itemized estimate for the current or ensuing, fiscal year of such sum of money as it may deem necessary for the purposes stated in this section, after crediting thereto thr amount anticipated in the next apportionment of school fund- from the State and the eati mated amount to be received from al other sources. vSuch itemized estimate in such cities shall be filed at such times and in such manner as city" departments oi officers are required to submit estimates for such departments oi officers. The board of education in each other city shall prepare annually an itemized estimate for the ensuing fiscal year an^T I EDUCATION LAW 263 e the same on or before the first day of September. Such esti- mate shall be for the following purposes: a The salary of the superintendent of schools, associate dis- trict or other superintendents, examiners, directors, supervisors, principals, teachers, lecturers^ special instructors, auditors, medi- cal inspectors, nurses, attendance officers, clerks and janitors and the salary, fees or compensation of all other employees appointed or employed by said board of education. h The other necessary incidental and contingent expenses including ordinaiy repairs to buildings and the purchase of fuel and light, supplies, textbooks, school apparatus, books, furniture and fixtures and other articles and service necessaiy for the proper maintenance, operation and support of the schools, libra- ries and other educational, social or recreational affairs and inter- ests under its management and direction. The provisions of this section in regard to the purchase of light shall not apply to a city having a population of one million or more. c The remodeling or enlarging of buildings under its control and management, the construction of new buildings for uses authorized by this chapter and the furnishing and equipment thereof, the purchase of real property for new sites, additions to present sites, playgrounds or recreation centers and other educa- tional or social purposes, and to meet any other indebtedness or liability incurred under the provisions of this chapter or other statutes, or any other expenses which the board of education is authorized to incur. 2 In a city which had, according to the state census of 1915, a population of less than fifty thousand such estimate shall be filed with the clerk of the common council and the common council shall include, except as othersvise provided herein, in the next annual tax and assessment roll of the city the amount specified in such estimate and the same shall be collected in the same manner as other city taxes are collected and shall be placed to the credit of the board of education as herein provided. In each city in which the law provides, prior to the time this article goes into effect, that such assessment shall be included in a school tax and assessment roll, separate and distinct from the annual tax and assessment roll, and at a different time, such assessment shall continue to be included in a school tax and assessment roll, to be prepared and levied at the same time each year as the law provides in respect to said cities prior to the time this article goe>^ into effect. In case more than twenty-five thousand dollars is 264 THE UNIVERSITY OF THE STATE 01 NEW YOEK required to be raised by tax for the purposes specified in paragraph c of subdivision 1 of this section, the common council, or the board of education, or either, may provide for the submission to the voters of the city, at a tax election, the proposition for the expenditure of such sum or may levy a tax to be payable in instalments, for such purposes, and may issue and sell municipal bonds as hereinafter provided. In cities in which the board of education is either appointed, or is elected at a general or muni- cipal election, the submission of such question shall be to the voters of such city at either a general or municipal election. 2-a In the city of Lockport such estimate shall be filed with the clerk of the common council and shall be known as the school budget, and the common council shall include the amount pcci- fied in such budget in a school tax and assessment-roll, to be entirely separate and distinct from the annual tax and assessment- roll, and the amount provided therein shall be collected at the same time and in the same manner as other city taxes are col- lected, and shall be placed to the credit of the board of education j as herein provided. [Added by L. 1918, ch. JfSJ/-.'] 2-h In a city of the third class, created or to be created by the consolidation of two cities situated, respectively, in two adjoin- ing counties, in which, at the time of the creation of such con- solidated city, a school district shall be coterminous with the boundaries of one such city, and there shall be in the other city a school district wholly within its boundaries but not coterminous therewith, such estimate shall be filed wilh the clerk of the com- mon council in the month of January each year and the common council shall cause the amount thereof to be levied as a tax against the property in the city school district of such consolidated city p.nd shall include such amount in the annual city tax and assess- ment roll and the same shall be collected at the same time and in the same manner as other city taxes and the amount so collected shall be placed to the credit of the board of education as herein provided. [Added by L. 1919, ch. 299. in ejfect May 3, 1919.] 3 In a city of Ihe third class in which the common council under statutes in effect prior to the time when this act takes effect, has the power to determine the amount of funds which shall be included in the estimate for the support and maintenance of public schools, and in any such city in which the mayor under such statutes has the power to consider and determine the amounts included in such estimate for the support and maintenance of public schools, such common council and mnyor shall have the EDDCATION LAW 265 game power and shall perform the same duties as are required under the statutes in effect prior to the taking effect of this act, and the provisions of such statutes shall continue in full force and effect notwithstanding the provisions of this act. Nothing in this act shall he construed as conferring upon the common council of a city of the third dass the power to determine the amount which shall be used for school purposes, which was not specifically conferred upon the common council of such city under the statutes in effect prior to the taking effect of this act. Where the mayor, under a statute in effect prior to the taking effect of this act, reduces or eliminates items in the estimate for the sup- port and maintenance of public schools in the city, he must return such estimate to the board of education, stating his reasons for making such reductions or eliminations, within ten days after the filing of such estimate, and thereupon the board of education may take action on such estimate and may by a three-fourths vote of the members of the board restore the items so reduced or elimi- nated, and the estimate shall thereupon become effective and the amounts specified therein shall be levied and collected in the same manner as other city taxes are collected. 4 In a city of the second class in which the board of estimate and apportionment has authority, under the statutes in effect prior to the time this act goes into effect, to determine the amount of funds which shall be included for the support and maintenance of public schools in the estimate to be submitted to the common council, and in a city of the first class having a population of less than four hundred thousand, according to the federal census of 1910, such estimate shall be filed with the mayor. The mayor shall place such estimate before the board of estimate and appor- tionment at the same time and in the same manner as estimates from city departments or officers are placed before said board of estimate and apportionment, and such estimate shall thereafter be subject to the same consideration, action and procedure as all other estimates from city departments or officers. The said board of estimate and apportionment may increase, diminish or reject any item contained in said estimate, except for fixed charges for which the city is liable. When such estimate is adopted the board of estimate and apportionment shall file it with the common council. 5 The board of education in each other city of the second class shall file such estimate with the mayor. The common coun- cil of each city included within the provisions of this subdivision i6d THE tJNiVlSRSlTY OF THE STATE OF NEW YORK shall include the amount of such estimate in the tax and assess- ment roll of the city and the same shall be collected and placed to the credit of the board of education as herein provided, except that a tax for the purposes specified in paragraph c of subdivision 1 of this section shall be levied payable in instalments and bonds therefor shall be issued and sold as hereinafter provided. 6 In a city which had, according to the federal census of 1910, a population of four hundred thousand or more but less than one million such estimate shall be filed with the officer authorized to receive other department estimates and the same acted on by such officer and by the council of such city in the same manner and with the same eifect as other department estimates. The council is also authorized, in its discretion, to include in such budget a sum for any of the purposes enumerated in paragraph c of subdivision 1 of this section, and any further amount for such purposes as i may be authorized by a tax election held in such city pursuant to the provisions of this chapter. After the adoption of such budget the council shall cause the amount thereof to- be included in the tax and assessment roll of the city and the same shall be collected in the same manner and at the same time as other taxes of the city are collected, and placed to the credit of the board of education. 7 In a city which had, according to the federal census of 1910, a population of one million or more such estimate shall be filed with the board of estimate and apportionment. If the total amount requested in such estimate shall be equivalent to or less than four and nine-tenths mills on every dollar of assessed valua- tion of the real and personal property in such city liable to taxa- tion, the board of estimate and apportionment shall appropriate such amount. If the total amount contained in such estimate shall exceed the said sum of four and nine-tenths mills on every dollar of assessed valuation of the real and personal property in such city liable to taxation, such estimate shall, as to such excess, be subject to such consideration and such action by the board of estimate and apportionment, the board of aldermen, and the mayor as that taken upon departmental estimates submitted to the board of estimate and apportionment. The board of estimate and apportionment is authorized to make additional appropriations for educational purposes authorized by this chapter. The general | school fund shall consist of all moneys raised for the payment of the salaries of all persons employed in the supervising and teach- ing staff, including the superintendent of schools and all associate. EDUCATION LAW 267 I i strict and other superintendents, members of the board of xaminers, attendance officers, supervisor of lectures, lecturers iiid director and assistant director of the division of reference and esearch. The special school fund shall contain and embrace all aonejs raised for educational purposes not comprised in the general school fund. The general school fund shall be raised in 'iilk and for the city at large. The board of education shall idminister all moneys appropriated or available for educational [)iirposes in the city, subject to the provisions of law relating to the audit and payment of salaries and other claims by the depart- ment of finance. 8 A board of education may, to meet emergencies v^^hich may arise, submit a special estimate in which items for extraordinary ex})enses may be submitted to meet such emergencies. Such esti- mate shall contain a complete statement of the purposes for which the items are requested and the necessity therefor. The same method of procedure shall be followed in submitting such estimate ;ind such estimate shall be subject to the same consideration and action as is required in the submission, consideration and action upon the regular annual estimate submitted by a board of educa- tion. The common council in such a city shall have power to make the a})propriations requested by a board of education in such special estimate. The common council of a city of the third class, the common council, the board of estimate and apportion- ment of a city of the second class and, in a city having a popula- tion of four hundred thousand or more and less than one million, according to the federal census of 1910, the council may tempor- arily borrov; the amount appropriated on city certificates of indebtedness or by the issuance of revenue bonds, or other muni- cipal bonds, which certificates of indebledness or bonds shall be payable at such time and in such manner as shall be provided by general laws or the charter of such city for other certificates of indebtedness or revenue bonds. 9 In cities in which the boundaries of the school district or districts are not coterminous with the city boundaries and in which the board of education, under the provisions of law exist- ing at the time of the passage of this act, is authorized to levy taxes for school purposes, the board of education is hereby author- ized and empowered to prepare, fix and determine the education budget for all the purposes set forth in this section, and said board nf education shall levy and collect the necessary tax or taxes for all the purposes specified in said budget in accordance with the 268 THB UNIVERSITY OF THE STATE OU NEW YOEK provisions of the Education Law. In the event the boundaries of said city or cities are hereafter made coterminous with the school i district boundaries this provision shall no longer apply. 10 A board of education shall not incur a liability or an expense chargeable against the funds under its control or the city for any purpose in excess of the amount appropriated or available therefor or otherwise authorized by law. 11 In a city in which, under the statutes in effect prior to the time of the taking effect of this act, it is provided that the; estimate of expenditures for the support and maintenance of' the public schools of the city shall not be less than a specified! per capita sum, based on the number of pupils enrolled in the public schools of the city, the amount authorized or required to be included in the estimate of school expenditures as provided i in this act shall not be less than the per capita sum specified in such statute. [Added by L. 1917, ch. 786, in effect June 8, 1917.'] § 878 Tax election. 1 In a city having a population of less than seventy-five thousand, according to the federal census of 1910, the board of education may call a tax election, by giving notice thereof as notice is required under the Education Law of an annual school election and submit to those qualified to vote at such election a proposition to expend a sum of money in excess i of twenty-five thousand dollars for any of the purposes enumer- ated in paragraph c of subdivision 1 of section 877 of this chapter. The provisions of law relating to and governing annual school elections, including inspectors, notices, qualifications voters, challenges, hours for keeping polls open, penalties, canv of votes, filing returns, supplying ballots, and all other matt relating to an annual election shall apply to and govern, so f: as may be practicable, a tax election except in a city in which the election of members of the board of education is held at the general or municipal election. In such cities the law applying to and governing such general or municipal elections shall apply to and govern such tax election. 2 In such a city in which the members of the board of edu- cation are elected at the general or municipal election, a tax elec- tion for like purposes may be held by direction of the board of education. The provisions of law regulating such general or municipal elections in such cities shall apply to and govern the method of calling and holding tax elections in said cities. [Added by L. 1917, ch. 786, in effect June 8,1917,] EDUCATION LAW 269 3 In the city of Oswego the common council shall continue to have power, upon the request of the board of education, to call and hold taxpayers^ elections to vote upon the question of issuing bonds bf the city, under sections 46 and 47 of the charter of such city, for the purposes enumerated in paragraph c of subdivision 1 of Isection 877 of this chapter, in the same manner, and with the same Iforce and effect, as prior to the eighth day of June, 1917, and to issue such bonds for such purposes, or any of them, pursuant to the provisions of such charter, provided a majority of such tax- payers voting at such election approve of such issue. [^Sub- division added by L. 1919, ch, 176, in ejfect April 10, 1919.~\ 4 In the city of Poughkeepsie the common council shall con- tinue to have power, upon the request of the board of education, to call and hold taxpayers' elections to vote upon the question of issuing bonds of the city under sections ninety-nine and one hun- dred of the charter of said city, for the purposes enumerated in paragraph c of subdivision one of section eight hundred and seventy-seven of this chapter, in the same manner, and with the same force and effect, as prior to the eighth day of June, nine- teen hundred and seventeen, and to issue such bonds for such purposes or any of them, pursuant to the provisions of such char- ter, provided a majority of the taxpayers voting at such election approve of such issue. [Subdivision ^ added by L. 1920, ch. Jt.98, in effect May Jf, 1920,] § 879 Bond issue. 1 When the common council or the voters of a city authorize an appropriation to be raised by a tax in instalments for any of the purposes enumerated in para- graph c of subdivision 1 of section 877 of this chapter, city bonds shall be issued in the same manner and under the same provisions as other bonds are or may be issued by such city. The principal and interest of such bonds shall be paid out of moneys raised by tax therefor in the same maimer as other school moneys are raised, when such bonds and the interest thereon shall become due and payable. In a city having a population of four hundred thousand- or more but less than ope million, according to the federal census of 1910, such bonds shall be issued by the council. 2 In a city of the second class and in a citv' of the first class having a population of less than four hundred thousand, accord- mg to the federal census of 1910, the common council and the board of estimate and apportionment, or other municipal au- thorities who were authorized and empowered under the laws in force prior to the eighth day of June, 1917, to determine upon 270 THE UNIVERSITY OF THE STATE OF NEW YORK the necessity of issuing bonds for any of the purposes enumerated in paragraph c of subdivision 1 of section 877 of this chapter, shall continue to possess such power and may authorize, issue and I sell bonds for any of the purposes so enumerated, in the samei manner and with the same force and effect as prior to the said eighth day of June, 1917. [Amended hy L. 191S, ch. 252, in\ effect April 17, 1918.] ! 3 In a city having a population of four hundred thousand or I more but less than one million, the council of such city may, by a vote of four-fifths of its members, authorize from time to time the issuance of bonds of said city to defray the expense of the construction, improvement and equipment of school building.-^ or the purchase or acquisition of school sites, which expense sli:.!! not have been included in the budget, in such amounts and ]) ay- able at such times and places and having such rates of intccst. not exceeding six per centum per annum, as said council mn\ determine, interest to be paid semiannually, said bonds, lio'.v- ever, to be due in not more than fifty years from their date and to be sold for not less than their par value and accrued interest. Such bonds may be made payable in equal proportions during n number of successive years not exceeding a period of fifty years from their issuance, as the council shall determine. Such bonds shall be issued and sold by the authorities of the city in the snni manner that bonds for other municipal purposes are issued and sold and the proceeds of the sale of such bonds shall be paid into the treasury of the city and placed to the credit of the board of education. As such bonds become due the municipal authorities of the city shall include in the tax levy, and assess upon the prop- erty of the city, the amount necessary to pay such bonds and interest thereon. 4 In a city having a population of one million or more, the board of estimate and apportionment may in its discretion annu- ally cause to be raised such sums of money as may be required for the purposes enumerated in subdivision c of section 877 of this act, in the manner provided by law for the raising of money for such purposes. [Added hy L. 1917, ch. 786, in effect June 8, 1917.] 6 In a city in which the boundaries of the school district or districts are not coterminous with the city bounervision of the Com- hissioner of Education. The Commissioner of Education is ereby authorized to approve the courses of study to be followed a such schools of agriculture and in the extension work carried n by such schools, including the training of teachers of agri- bilture. Such directions shall be given by the Commissioner the board of directors or trustees, as the case may be, of each agricultural school, and such board of directors or trustees shall, pon receiving such directions as to such courses of study, cause he same to be followed and the subjects therein prescribed to be aught in such schools. [Added hy L. 1917, ch. 201 , in effect ipril J^, 1917.'] § 1041 Recommendations as to appropriations; expenditures. The Commissioner of Education shall recom- uend annually to the Legislature the amount of appropriations ipproved by him as necessaiy for the maintenance of such agri- iultural schools and for carrying into effect the purposes for which hey were established. The amounts appropriated for the sup- port and maintenance of such schools shall be paid out by the 5iate Treasurer upon the warrant and audit of the Comptroller and upon vouchers approved by the Commissioner of Education. The provisions of this article shall not apply to the !N'ew York State College of xigriculture at Cornell University. [Added hy L. 1917, ch. 207, in effect April 19, 1917.] ARTICLE 41 State School of Ag-riculture at Saint Law- rence University Section 1050 Corporate name 1051 Objects and purposes of school 1052 Supervision and control of school 1053 Maintenance [Text of article omittcd.l 288 THE UNIVERSITY OF THE STATE OF ]XEW YOEK ARTICLE 41-A [Added hy L. 1913, ch. 675] State School of Ag>riculture and Domestic Science at Delhi Section 1055 Establishment of school 1056 Management and control 1057 Powers and duties of board of control 1058 Objects and purposes of school 1059 Tuition and fees 1060 Reports [Tewt of article omitted.} ARTICLE 42 State School of Ag'riculture at Alfred University- Section 1070 Corporate name 1071 Objects and purposes of school 1072 Supervision and maintenance of school [Tewt of article omitted.] ARTICLE 42-A [Added hy L. 1911, ch. 852] State School of Ag^riculture at Cobleskiil Section 1075 Establishment and corporate name 1076 Objects and purposes of school 1077 Management and control of school 1078 Powers and duties of board of trustees [Tewt of article omitted.] ARTICLE 43 State School of Agi^iculture at Morrisville Section 1090 Corporate name 1091 Objects and purposes of school 1092 Management and control of school 1093 Powers and duties of board of trustees 1094 Power to acquire real estate; proceedings therefor [Teat of article am it fed.] EDUCATION LAW 28d ARTICLE 43-A [Added by L. 1910, ch. W\ Retirement Fund for Teachers in State Institutions Bction 1095 Retirement of certain teachers in state institutions and insti- tutions receiving state pupils 1096 Certificate of retirement upon application 1097 Retirement upon recommendation of governing body of insti- tution where teacher is employed 1098 Amount to be paid to such retired teacher 1099 Time and manner of payments 1099-a Employment of teachers who have retired [Text of article omitted.] ARTICLE 43-B [Added by L. 1911, ch. .'///S] tate Teachers Retirement Fund for Public School Teachers ■action 1100 Definitions 1101 Establishment of state teachers retirement fund 1102 State teachers retirement fund board 1103 Vacancies; resignations; removal from office 1104 Officers of board; salaries and expenses; meetings 1105 State Treasurer ex-officio treasurer of fund; investment* 1106 Powers of board 1107 Rules of board j 1108 Contributions to fund; deductions from salary llOS^a Method of payment into state treasury 1109 Retirement of teachers 1109-a Payment of annuities j 1109-6 Application of article to certain counties, cities and districts; '; voluntary contributions 1109-c Service as school commissioner to be counted § 1100 Definitions. The word " teacher " as used in this irticle includes teachers and principals employed in public schools )f the cities and school districts of the State and in schools on he Indian reservations, and shall also include superintendents employed as provided by law in cities and union free school dis- licts having a population of five thousand or more, and district mperintendents of schools appointed as provided by law in the upervisory districts of the several counties of the State. Services IS such district superintendents or as school commissioner shall I 10 290 THE UNIVERSITY OF THE STATE OF NEW YORK be deemed to be teaching in the public schools within the meanin of this article. The term " public school '' as used in this artid shall be deemed to include an academy in a union free school dit trict which has been adopted as the academic department of sue union free school district, as provided in section 318 of the Edi cation Law, or with which a contract has been made by the boar of education of such district as provided in section 319 thereo: The word " teacher " as so used shall also include teacher employed in schools maintained by duly incorporated orpha asylum societies in this State, which schools participate in th distribution of public moneys as provided in article 35 of thi chapter, and such teachers shall be entitled to the privileges co: ferred by this article and be subject to the provisions thereoi The words " retirement fund " as used in this article shall meaj the ^ew York state teachers retirement fund for public schoc teachers as established by this article. The term " school co missioner " as used in any section of this article shall be deema to mean the district superintendent of schools. [Added hy L 1911, ch. JfJ^Q, and amended hy L. 1913, ch. 511; and hy L. 1919, ch. 103, in effect March 27, 1919,] § 1101 Establishment of state teachers retire^ inent fund. There is hereby established the New York stati teachers retirement fund for public school teachers which shal consist of: 1 All contributions made by teachers, school districts and cities as hereinafter provided. 2 The income or interest derived from the investment of th< moneys contained in such fund. 3 All donations, legacies, gifts and bequests which shall b< made to such fund, and all moneys which shall be obtained froxr other sources for the increase of such fund. 4 Appropriations made by the State Legislature from time t< time to carry into effect the purposes of such fund, and whid: appropriations when made shall be paid into such fund and ma^ be expended in the same manner as other moneys belonging thereto. [Added hy L. 1911, ch. JfJi9, and amended hy L. 1914 ch. U>] § 1102 State teachers retirement fund board. Th( state teachers retirement fund board shall consist of five members to be appointed by the Commissioner of Education as hereinaftei provided. One of such members shall be, at the time of his ap pointment, a superintendent of schools in a city or district; ont EDUCATION LAW 291 ^ ihall be at the time of his appointment an academic principal, and Dne shall be at the time of his appointment a teacher engaged in teaching in an elementary school. At least one of such members shall be a woman teacher in the public schools. Such appointments shall be made within ten days after this act takes effect. The mem- bers of such board first appointed shall hold office for terms of one, two, three, four and five years from January 1, 1912, to be desig- nated by the Commissioner of Education when he appoints such members. Their successors shall be appointed for terms of five years. A vacancy occurring in the office of any member shall be filled for the unexpired term. {Added hy L. 1911, ch. 4-^-»9.1 § 1103 Vacancies; resignations; removal from office. A vacancy in the office of a member of the board shall be created by death, resignation, refusal to serve, removal from office, or absence from the State for a period of one year. A member of such board may resign by written resignation submitted to the Commissioner of Education and accepted by him. The Com- missioner of Education may remove a member of such board for cause, after service upon him of written charges and an oppor- tunity to be heard in defense thereof. [Added by L. 1911, ch. U9.'] § 1104 Officers of board; salaries and expenses; meetings. There shall be a president, vice president and secre- tary of such board, to be elected by a majority vote of the members of the board. The president and vice president shall be elected for terms of one year. The term of office of the secretary shall be fixed by the board. The secretary need not be a member of the board. His salary or compensation shall be prescribed by the board, not ex- ceeding two thousand dollars a year, subject to the approval of the Commissioner of Education. The members of the board shall serve without compensation, but they shall be entitled to their expenses actually incurred in attending the meetings of the board and in performing services as members thereof. The board shall meet annually in the Education Building at Al- bany, on the second Wednesday in January, and shall have stated meetings at the same place, at least once in each three months, as determined by the regulations of the board. If a member of the board he absent from two consecutive stated meetings without a reasonable excuse for such absence, accepted by the board, his office shall be declared vacant by the Commissioner of Education, upon notice being received by him of such unexcused absences, and such 292 THE UNIVERSITY OF THE STATE OF NEW YORK vacancy shall be filled as hereinbefore provided. \_Added hy L. 1911, ch. U9.] § 1105 State Treasurer ex-offieio treasurer of fund; investments. The State Treasurer shall be ex-officio treasurer of the retirement fund and shall be the custodian thereof. The moneys belonging thereto shall be deposited by him in banks or trust companies and the law relating to the deposit of state funds in such banks and trust companies shall apply so far as may be to the deposit of moneys belonging to the said retirement fund. The state teachers retirement fund board shall determine from time to time as to what portion of the retirement fund shall be permanently invested. Such fund shall only be invested in those securities in which the trustees of a savings bank may invest the moneys deposited therein, as provided by section 146 of the bank- ing law. When such board shall determine that any portion of said fund should be so invested, it shall by resolution, duly adopted by a majority vote of the members of the board, direct the treas- urer to invest such portion of the fund in any of said securities. [Added hy L. 1911, ch. U9.] § 1108 Powers of board. The state teachers retirement fund board, subject to the provisions of this article and of any other statute, shall have power: 1 To appoint and employ such officers and employees as may be necessary to carry into effect the provisions of this article, and fix their compensation. 2 To prescribe the duties of its secretary and other officers and employees. 3 To conduct investigations into all matters relating to the operation of this article, and subpoena witnesses and compel theii attendance to testify before it in respect to such matters, and any member of the board may administer oaths or affirmations to such witnesses. 4 To require boards of education, trustees, and other school authorities, and all officers, having duties to perform in respect to contributions by teachers to the retirement fund, to report to the board from time to time, as to such matters pertaining to the pay- ment of such contributions, as it shall deem advisable, and may prescribe the form of such reports. 6 To draw its warrants upon the State Treasurer for the pay- ment of annuities to teachers who have been retired as provided in this article, and for the purchase of such securities as the board shall have decided to purchase as provided in this article. No EDUCATION LAW 293 payments shall be made from the teachers retirement fund except by warrant signed by the president of the board, drawn after reso- lution duly adopted at a meeting of the board by a majority of its members, which adoption shall be attested by the secretary of the board. [Added by L. 1911, cli. U9.] § 1107 Rules of board. The state teachers retirement fund board shall make rules not inconsistent with the provisions of I this article which, when approved by the Commissioner of Educa- ' tion, shall have the force and effect of law. Such rules shall 1 Provide for the conduct and regulation of the meetings of the board and the transaction of the business thereof. 2 Provide for the enforcement and carrying into effect of the provisions of this article. 3 Prescribe the manner of payment of contributions by teachers to the retirement fund, and the payment of annuities therefrom. 4 Establish a system of accounts showing the condition of such fund, and receipts and expenditures. 5 Prescribe the method of making payments from such fund to annuitants and giving receipts for such payments. 6 Prescribe the forms of warrants, vouchers, receipts, reports and accounts to be used by annuitants and officers having duties to perform in respect to such fund. 7 Regulate the duties of boards of education, trustees, and other officers imposed upon them by this article, in respept to the contributions by teachers to the retirement fund, and the deduc- tion of such contributions from teachers' salaries. [Added by L. 1911, ch. U9.] § 1108 Contributions to fund; deductions from salaries. All teachers employed in the public schools in this State except in those counties, districts or cities in which pro- vision is already made by statute for the retirement of public school teachers and the payment of annuities or pensions to such teachers, who enter into contracts for such employment after the date on which this act takes effect, shall contribute to the teachers retirement fund one per centum of the salaries to be paid to such teachers annually according to the terms of such contracts. Dis- trict superintendents of schools shall contribute to such funds one per centum of the salaries received by them for their services, either from the State or from the tovnis comprising their super- visory districts, as provided by law. On and after such date all such contracts shall be deemed to have been made subject to the provisions of this article, and the requirement as to such contri- 294 THE UNIVERSITY OF THE STATE OF NEW YORK bution shall become a part of and enter into all such contracts. All school districts and cities shall contribute to such fund an amount equal to one and one-half per centum of the total sal- aries paid teachers in such districts and cities, to be deducted from the public moneys apportioned thereto by the commissioner of education. Boards of education, trustees and other school authorities hav- ing duties to perform in respect to the payment of salaries to public school teachers in their districts or cities, shall cause to be deducted from each warrant or order issued to any of such teachers for the payment of the salary of such teachers, the amount due by such teachers to the teachers retirement fund. The Commissioner of Education shall cause to be deducted from the salaries paid to teachers employed in schools on the Indian reservations and to district superintendents of schools the amount required to be contributed by them to the teachers retirement f.und, and shall cause the same to be paid into such fund. [Added hy L. 1911, ch, U9, and amended hy L. 1913, ch. 511; L. 191Jf, ch. H, and L. 1920, ch. 752, in effect August 1, 1920.] § 1108-a Method of payment into state treasury. 1 The district superintendent of each supervisory district shall include in his annual report to the Commissioner of Education, a statement showing the amount required to be deducted from the salaries' of teachers in each school district under his supervision, under section 1108 of this act. 2 The superintendent of schools of each city shall also include in his annual report to the Commissioner of Education, a state- ment showing the amount required to be deducted under the pro- visions of section 1108 of this act from the salaries of teacher? employed in such city. 3 The district superintendent of each supervisory district and the superintendent of each city shall file with the treasurer of the county in which such supervisory district or city is located, a statement showing the amount respectively reported by them to the Commissioner of Education as provided in subdivisions 1 and 2 of this section as being the amount required to be de- ducted from the salaries of teachers in their respective super- visory districts and cities under the provisions of section 1108 of this act. Such statements to the county treasurer shall also respectively show the aggregate amount required to be so deducted from the salaries of teachers employed in each town in such super visory district and from the salaries of teachers employed in each city. EDUCATION LAW 4 The district superintendent of each supervisory district liall file with the supervisor of each town within such super- isorj district at the time he files his certificate of apportion- ment of public school moneys, a statement showing the amount required to be deducted from the salaries of the teachers employed in each school district in such town. The superintendent of each city shall file with the chamberlain or treasurer of such city a duplicate of the certificate which he is required to file with the county treasurer under subdivision 3 of this section. 5 When the Commissioner of Education apportions the money appropriated by the Legislature for the support of common schools to the several counties of the State, he shall cause to be deter- mined from the ofl[icial reports of district and city superintendents the amount required to be deducted from the salaries of the teachers employed in each county who come under the provisions n{ this act as required by section 1108, and also the amount to be ( ontributed by the school districts and cities, in which such teachers are employed, as provided by said section 1108. 6 The Commissioner of Education shall include in the certifi- cate which he files with the Comptroller showing the amount of state funds apportioned for the support of common schools to each county, a statement showing the amount required to be deducted from the salaries of teachers in each of such counties, and the amount to be contributed by the school districts and cities in which such teachers are employed, as required under section 1108 of this act. 7 The Comptroller shall issue his warrant to the State Treas- urer directing such treasurer to credit to the retirement fund created herein from the appropriation for the support of common schools an amount equal to the aggregate amount required to be deducted from the salaries of teachers in the several counties of the State together with the aggregate amount of the contributions required to be made by the school districts and cities in which Siuch teachers are employed, as shown by the certificate of the Commissioner of Education filed with him as directed in sub- division 6 of this section. 8 The Comptroller, in issuing his warrant to the State Treas- urer for the payment to each county of that portion of the moneys appropriated for the support of common schools and payable on or before March first of each year, shall deduct therefrom an amount equal to the amount required to be deducted from the sal- aries of teachers, and the amount required to be contributed by the I 296 THE UNIVERSITY OF THE STATE OF NEW YORK school districts and cities in which such teachers are employed, as shown by the certificate of the Commissioner of Education filed with the Comptroller as required by subdivision 6 of this section. 9 The county treasurer of each county when paying to the supervisors of the towns of such county and to the chamberlain or treasurer of a city in such county the first half of the money apportioned annually for the support of common schools shall de- duct from the amount apportioned to each town and city an amount equal to the amount to be deducted from the salaries of the teachers in such town or city, and the amount to be con- tributed by the school districts or city, as shown by the certificate of the district and city superintendents filed with such treasurer as directed by subdivision 3 of this section. 10 The supervisor of each town shall pay to the collector or treasurer of each school district in such town or to the teachers employed in such districts toward their salaries on the order of the trustees of such districts the amount apportioned to such dis- tricts respectively less the amount required to be deducted from the salaries of the teachers in such districts, and the amount to be contributed by the school districts in such towns, as shown by the certificate of the district superintendent filed with such supervisors as directed by subdivision 4 of this section. [Added by L. 1911, ch. J/.Jf.9, and amended by L. lOlJf, ch. 4^.] § 1109 Retirement of teachers. 1 A teacher who is employed in the public schools of the state and who has taught in such public schools for a period of thirty-five years, or a teacher who has taught in public schools for a period of twenty-five years, at least the last fifteen years of which period shall have been taught in the public schools in this state and who has had five consecu- tive years of public school service immediately preceding retire- ment shall, upon his retirement from actual service as such teacher, as hereinafter provided, be entitled to an annuity of a sum equal to one-half of the average annual salary of such teacher for a period of five years prior to the time of such retirement, provided that no annuity shall exceed the sum of eight hundred dollars nor be less than four hundred dollars. [Subdivision 1 amended by L. 1920, ch. 752, in effect August 1, 1920.] 2 A teacher who has taught in public schools for a period of fifteen years, at least the last nine of which were taught in the public schools in this state, who has had five consecutive years of public school service immediately preceding retirement and who EDUCATION LAW 297 is either physically or mentally incapable of teaching, may be retired, and shall, upon his retirement, be entitled to an annuity of as many twenty-fifths of the full annuity for twenty-five years as said teacher has taught years. Such teacher receiving an allow- ance under this subdivision may, upon order of the state teachers' retirement fund board, at any time within two years after date of retirement, be subjected to an examination by a legally qualified physician appointed by said retirement board, and if, upon such examination, it is certified to the board that such teacher is no longer incapable of employment as a teacher, the board may make an order that no further payments of annuities shall be made until such teacher is subsequently retired by the board, but in no case shall be amount of annuity at the subsequent retirement be less than that granted upon the former retirement. [Subdivision 2 amended by L. 1918, ch. 256 and L. 1920, ch. 752, in effect August 7, 1920.] 3 Such retirement may be had on the request of the teacher, or upon the request of a board of education in a city or union free school district. A request for retirement shall be made in writ- ing addressed to state teachers retirement fund board, accom- panied by evidence showing that the teacher named therein is entitled to retirement, and that he has complied with the pro- visions of this article and the rules of the board relating to the payment of annuities. The board shall pass upon all requests for retirement, and shall determine whether such requests shall be granted. In determining the number of years required to be taught by a teacher to entitle her to an annuity upon retirement as provided in this section, the board may give to the teacher requesting retirement credit for the period taught in an academy in a union free school district which subsequent to such period was adopted as the academic department of such district or with which a contract was made by the board of education of such dis- trict for the instruction of the pupils of such district, as provided by sections 318 and 319 of the Education Law. 4 All determinations of the board relative to such requests and the payment of annuities to teachers shall be subject to appeal to the Commissioner of Education. The provisions of article 34 of the Education Law, relative to appeals, shall apply to appeals from such determination. [Added by L. 1911, ch. J/-Jf9, and amended by L. 191Jf, ch. JfU, and by L. 1919, ch. 103, in effect March 21, 1919.] 29^ THE UNiVEifJSlt^ OF THE STATE OF NEW YORK I 5. All annuities existing at the time this act takes effect shall be increased by thirty-three and one- third per centum. [Suh- division 5 added hy L. 1920, ch. 752, in effect August 1, 1920.] § 1109-a Pasrment of annuities. 1 A teacher shall not be entitled to an annuity who has not contributed to the re- tirement fund an amount equal to at least fifty per centum of his annuity. But a teacher who is otherwise entitled to retirement and an annuity under this article, may become an annuitant and entitled to an annuity by making a cash payment to the retirement fund of an amount which when added to his previous contribu- tions to such fund, will equal fifty per centum of his annuity. 2 In case a teacher who shall retire or be retired, is unable to pay in advance the sum required to make up the said fifty per centum of the annuity, the payment of such annuity may be withheld until the portion of the annuity withheld shall equal the sum required to make up said fifty per centum of the annuity. 3 Annuities shall be paid quarterly to the teachers entitled thereto, upon the warrants or orders signed by the president and secretary of the state teachers retirement fund board. Vouchers or receipts shall be signed in duplicate by annuitants upon re- ceiving the money paid to them. Such duplicate receipts shall be returned to the secretary of the board, and one of them shall be retained in his office and the other shall be filed in the office of the State Treasurer. 4 Each annuity shall date from the time when the state teachers retirement board shall take action upon the request made as herein provided for the retirement of the annuitant. 5 In case an annuity shall be paid hereunder to a teacher whoi^u has contributed to a teachers retirement or pension fund in ap city, county or district in accordance with a special or local aotl|( applicable thereto, the amount so contributed shall be paid on thelji order of the state teachers retirement fund board by the custodianj of such local retirement or pension fund into the state retirement fund, and the amoimt so paid shall be credited to such teacher afl a contribution to the state fund. In case an annuity is paid to al teacher who has contributed to the state retirement fund as pro- vided in this article, under a special or local act, applicable tol the retirement of teachers in a city, county or district, the amount! of such contributions shall be paid by the treasurer of the statel teachers retirement fund into the teachers retirement or pensioi fund of such city, county or district, and such amount shall bej EDUCATION LAW 299 credited to sucli teacher as a contribution to such fund. [Added by L. 1911, ch. 4Wj o.nd amended by L. 191J/-, ch. -4-4.] § 1109-b Application of article to certain coimties, cities and districts; voluntary contributions. This article shall not apply to any county, city or district in which the teachers in the public schools thereof are required or authorized to contribute to a teachers retirement fund, or in which such teachers are entitled to annuities or pensions, in accordance with any special or local act applicable to such county, city or district. Provided, that whenever the state teachers retirement fund board is satisfied that more than two-thirds of all the teachers employed in the public schools of any such county, city or district are willing to become subject to this article, as shown by a petition duly signed and verified by such teachers, such board shall issue its order directing that on and after the date thereof this article shall apply to such county, city or district. A copy of such order shall be mailed to the several teachers employed in the county, city or district to which such order relates and to the boards of education, tiustees or other school authorities therein, and thereupon the provisions of this article shall apply to such county, city or district to the same extent and for the same purposes as to the other, counties, cities and districts of the State. Thereupon the organiza- tion or society created under the said local or special act applicable to a county, city or district shall be dissolved and discontinued and the treasurer or other custodian of the funds of such organization or society shall pay into the state treasury any funds in his pos- session belonging to the said organization or society, after paying any outstanding obligations other than annuities. Such funds shall be credited to the retirement fund provided for herein. All persons who had been placed upon the retired list pursuant to the })rovisions of such local or special act, previous to the date when such local organization or society determined to come under the provisions of this act, shall become annuitants under this act and shall be entitled to receive the same amount which they would have been entitled to receive under the provisions of their retire- ment under said local or special act had such organization or so- ciety created thereunder not been dissolved and discontinued. Upon the execution and service of such order the teachers em- ployed in the county, city or district to which such order relates, shall contribute one per centum of their salaries to the retirement lund and they shall be entitled to all the privileges thereof, under 800 THE UNIVERSITY OF THE STATE OF NEW YORK •the conditions and restrictions imposed by this article and the rules of the board. [Added hy L. 1911, ch. ^9.] § 1109-c Service as school commissioner to be counted. In computing the term of service of a teacher for the purpose of granting an annuity to such teacher under the provisions of this article, the time during which any such teacher shall have filled the office of school commissioner as defined in section 300 of the Education Law, being chapter 21 of the Laws ; of 1909, and which office was abolished by chapter 607 of the ■ Laws of 1910, prior to the time this amendment takes effect, shall be included. [Added hy L. 1913, ch, 509. '\ Under the provisions of Laws of 1920, ch. 503, the foregoing Teachers' Ketirement Law is repealed on and after August 1, 1921, and in its place is inserted the following: ARTICLE 43-b State Teachers' Retirement Fund for Public i. School Teachers. j , Section 1100 Definitions ! ^ 1101 Establishment of retirement system I - 1102 Membership of system , [ 1103 Retirement board; members; terms of office 1104 Election of elected members of board 1105 Vacancies in board; meetings; oaths of office; quorum; | J expenses 1106 Officers of board; custody of funds 1107 Investment of funds; interest; accounts; reports 1108 Statements of teachers' service; determination of service i creditable; service certificates 1109 Superannuation retirement 1109-a Disability retirement 1109-5 Withdrawal and death benefits 1109-c Optional allowances 1109-d Benefits to participants in old retirement fund 1109-c Funds enumerated 1109-/ Annuity savings fund; contributions and payments 1109-^ Annuity reserve fund; pension accumulation peration between the industrial commission and the department of education which shall be sub- mitted to the industrial commission and to the board of regents of the university. 2 To arrange any differences that may arise between depart- ments charged with any duties under this act; 3 To arrange for such therapeutic treatment as may be neces- sary for the rehabilitation of any physically handicapped persons who have registered with the department of education, except per- sons who are entitled to such treatment under the workmen's com- pensation law. 4: To provide maintenance cost during actual training for physically handicapped persons registered for rehabilitation, except persons entitled to maintenance under the workmen's com- pensation law; provided, that when the payment of maintenance costs is authorized by the commission, it shall not exceed ten dollars per week, and the period during which it is paid shall not exceed twenty weeks, unless an extension of time is granted by unanimous vote of the commission. 6 To arrange for co-operation between the bureau of employ- ment of the department of labor and the department of education in securing employment for handicapped persons to the end that duplication be avoided. 6 To make all necessary rules and regulations for the purpose of carrying out this article which affect more than one department. § 1205 Duty of the industrial commission. Tbe industrial commission shall : 1 Report to the department of education all reports made to it of cases of injuries received by employees which may result in rendering the person, in the judgment of the industrial commis- sion, in need of rehabilitation. 2 Co-operate with the department of education in carrying out this article. § 1206 Duty of department of healtli. The depart- ment of health shall : 1 Arrange with all public private hospitals, clinics, and dis- pensaries and with practicing physicians to send to the depart- EDUCATION LAW 339 lent of education prompt and complete reports of any persona nder treatment in such hospitals, clinics, or dispensaries, or by uch physicians, for any injury or disease that may render them physically handicapped. 2 Arrange with health officers to send to the department of ducation prompt and complete reports to any persons who in he course of their official duties they find to be suffering from iny injury or disease that may render them physically handi- apped, if such persons have not already been reported. 3 Make physical examinations of any persons applying for or *eported as needing rehabilitation, except persons reported by the industrial commission. § 1207 Application for rehabilitation. Any physi- ly handicapped persons residing within the state may apply to e department of education for advice and assistance regarding is rehabilitation. § 1208 Duty of the department of education. It shall be the duty of the department of education : 1 To provide that all persons reported to it or making appli- cation to it as physically handicapped shall be promptly visited by its representative who shall report upon their condition to the department, which shall then determine whether the persons is susceptible of rehabilitation. Any person found susceptible shall be acquainted with the rehabilitation facilities offered by the state and the benefits of entering upon remunerative work at an early date. Any person who chooses to take advantage of the rehabilita- tion facilities shall be registered with the department and a record kept of every such person and the measures taken for his rehabili- tation. The education department shall proffer to any such per- son counsel regarding the selection of a suitable vocation and an appropriate course of training, and shall initiate definite plans for beginning rehabilitation as soon as the physical condition of the person permits. 2 To arrange for special training courses in the public schools in the state, in selected occupations for physically handicapped persons. 3 To arrange with any private or commercial educational institution for training courses in selected occupations for physi- cally handicapped persons. 4 To arrange with any public or private establishment or any employer for training courses in selected occupations of physically handicapped persons. 840 THE UNIVERSITY OF THE STATE OF NEW YORK 5 To arrange for social service for the visiting of physically handicapped persons and of their families in their homes during the period of treatment and training and after its completion, to give advice regarding any matter that may affect rehabilitation. 6 To aid physically handicapped persons in securing such employment as will facilitate their training or will be suitable to their condition. 7 To procure and furnish at cost to physically handicapped persons artificial limbs and other orthopedic and prosthetic appli- ances, to be paid for in installments, when such appliances cannot be otherwise provided. The proceeds of the sale thereof shall be paid to the treasurer of the state and shall be held by him in a special fund for the purposes of this subdivision. Payments from this fund shall be made at the direction of the commissioner of education. 8 To make surveys with the co-operation of the industrial com- mission and the department of health, to ascertain the number and conditions of physically handicapped persons within the state. 9 To make such studies as may be helpful for the operation of this act. 10 To coK)perate with any department of the government of the state of New York or with any county or other municipal authorities within the state, or with any private agency, in the operation of this act. § 1209 Gifts and donations. The department is author- ized to receive gifts and donations for the purpose of this article^ which may be offered unconditionally. All money received as gifts or donations shall be paid to the state treasurer and shall constitute a special fund to be used under the direction of the department for the purpose of this act. A full report of all such gifts and donations, together with the names of the donors, the amounts contributed by each and all disbursem-ents therefrom shall be submitted annually to the legislature as part of the report of the department. § 1210 Acceptance of law of the United States. The state of New York, through its legislative authority : 1 Accepts the provisions of any law of the United States mak- ing appropriation to be apportioned among the states for voca- tional rehabilitation of disabled persons; 2 Empowers and directs the board of regents of the university, hereby designated the New York state board for vocational edu- I EDUCATION LAW 341 cation, to co-operate with such agency as the federal government shall designate to carry out the purposes of such law; 3 Appoints the state treasurer as custodian of all money given to the state by the United States under the authority of such law, and such money shall be paid out in the manner provided by such act for the purposes therein specified ; 4 Authorizes the board of regents of the university as the state board for vocational education and the industrial commis- sion to formulate a plan of co-operation in accordance with this act, which shall be effective when approved by the governor of the state. [Added hy L. 1920, cli. 760, in effect May 13, 1920, The sum of $75,000 ivds appropriated hy the legislature to carry out the provisions of this article,'] ARTICLE 48 [Former article 'i6 (§§ 1190-92) was renumbered article j7 (§§ 1200-2), hy L. 1913, chs. J^2Jt and 676; and again renumbered article )8 ( §§ 1250- 1252), by L. 1920, ch. 760.] Laws Repealed; Savins' Clause; When to Take Effect Section 1250 Laws repealed 1251 Saving clause 1252 When to take eflFect § 1250 Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. [Section renumbered hy L. 1918, ch. k^k, also erroneously renumhered hy L. 1913, ch. 676.] § 1251 Saving clause. :N'othing herein contained shall be construed to impair or in any manner affect or change any special law touching the schools or school system of any city or in- corporated village unless the same is so stated. [Section renum- hered hy L. 1913, ch. 1^24, also erroneously renumhered hy L. 1913, ch. 676.] § 1252 When to take effect. This chapter shall take effect immediately. [Section renumhered hy L. 1913, ch. 424, also erroneously renumhered hy L. 1913, ch. 676.] [Schedule of laws repealed omitted.] i 342 THE UNIVERSITY OF THE STATE OF NEW YOEK APPENDIX PENAL PROVISIONS RELATING TO SCHOOLS AND SCHOOL OFFICERS Penal Law (L. 1909, ch. SS) § 246 Use of force not unlawful in certain cases. To use 01 attempt, or offer to use, force or violence upon or toward the person of another is not unlawful in the following cases : 4 When committed hy a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, appren- tice or scholar, and the force or violence used is reasonable in manner and moderate in degree. § 405 Unlawfully entering building. A person who, under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor. § 889 Forgery in third degree. A person who, with intent to defraud or to conceal any larceny or misappropriation by any person of any money or property: 1 Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a corporation, association, public office or officer, partnership, or individual; or, 2 Makes a false entry in any such account or book of accounts ; or, 3 Wilfully omits to make true entry of any material particu- lar in any such account or book of accounts, made, written, or kept by him or under his direction. Is guilty of forgery in the third degree. ^ § 1470 Disturbing lawful meetings. A person, who, without authority of law, wilfully disturbs any assembly or meet- ing, not unlawful in its character, is guilty of a misdemeanor. § 1824 Attempting to prevent officers from per- forming duty. A person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor. iJDtJCATiON lAW 343 § 1825 Resisting officer. A person who knowingly re- sists by the use of force or violence, any executive officer, in the oerformance of his duty, is guilty of a misdemeanor. § 1836 Officer refusing to surrender to successor, A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or Oapers appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor. § 1837 Administrative officers. The various provisions ^f the preceding sections of this article which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive officers were both mentioned. § 1838 Injury to records and misappropriation by ministerial officers. A sheriff, coroner, clerk of a court, con- stable or other ministerial officer, and every deputy or subordinate of any ministerial officer, who: 1 Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office ; or, 2 Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property intrusted to him in virtue of his office. Is guilty of felony. § 1841 Provision as to neglect of duty. A public officer, or person holding a public trust or employment, upon whom any duty is enjoined by law, who wilfully neglects to perform the duty, is guilty of a misdemeanor. This and section 1840 do not apply to cases of official acts or omissions the prevention or punish- ment of which is otherwise specially provided by statute. 1865 Misappropriation and falsification of ac- counts by public officers. A public officer, or deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the people of this State, or of any department of the government of this State, or of any bureau or fund created by law, and in which the people of this State are directly or indirectly interested, or for or on account of any city, county, village or town, who : 1 Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise j or, 344 THE UNIVERSITY OF THE STATE OF NEW YORK 2 Knowingly keeps any false account, or makes any false entry or erasure in any account of, or relating to, any money so received by him, or, 3 Fraudulently alters, falsifies, conceals, destroys or obliter- ates any such account; or, 4 Wilfully omits or refuses to pay over to the people of this State or their officer or agent authorized by law to receive the same, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officer, when it is his duty im- posed by law to pay over, or account for, the same, Is guilty of a felony. § 1866 Violations of law by public officers. An officer or other person mentioned in the last section who wilfully disobeys any provision of law regulating his official conduct, in cases other than those specified in that section is guilty of a mis- demeanor, punishable by a fine not exceeding one thousand dol- lars, or imprisonment not exceeding two years, or both. § 1868 Officials not to be interested in sales, leases or contracts. A public officer or school officer who is author- ized to sell or lease any property, or to make any contract in his official capacity, or to take part in making any such sale, lease or contract, who voluntarily becomes interested individually in such sale, lease or contract, directly or indirectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or approval by the Commissioner of Education, is guilty of a misdemeanor. § 1871 School district trustee not to draw draft on supervisor in certain cases. A school district trustee who issues an order or draws a draft on a supervisor or collector for any money, unless there is at the time sufficient money in the hands of such supervisor or collector belonging to the district to meet such order or draft, is guilty of a misdemeanor. § 2050 Injury to public record. A person who, wil- fully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by imprisonment for not more than five years, or by a fine of not more than five hundred dollars, or by both. EDUCATION LAW 345 § 2321 Making false statement in reference to taxes. A person, who, in making any statement, oral or writ- ten, which is required or authorized by law to be made as the basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, wilfully makes, as to any material matter, any statement which he knows to be false, is guilty of a misdemeanor. I i INDEX Abolition of libraries, 332 Academic departments, 4 academies changed to, 105-6 apportionment, 160 for non-resident pupils, 161 boards of education, powers, 105 establishment, 101 Academic examinations, 10 Academic pupils, tuition in contract- ing districts, 181 Academic quota, 160 Academies apportionment to, 160 changed to academic departments, 105-6 charters, 12 defined, 4 dissolution, 15-17 retransfer to former trustees, 106 trustees, 105 Accountants, 10 Actions against school officers, 243 county judge to compel district to levy tax for costs, 244-45 expenses of district officers in de- fending, tax for, 69 for recovery of taxes, 133 supervisors sue for money due from school officers, 43 teachers' wages, unpaid, 69 trustees, against predecessor, 92 Affidavits, Commissioner of Education may take, 32 district superintendents may take, 123 Age of pupils, 172, 197 Agriculture, apparatus for teaching, 68, 88, 90, 100 instruction in, in central rural schools, 53 Agriculture,, schools of, 55, 182-91, 287-88 authority of the board of educa- tion over, 187-88 courses for training of teachers, 190 directors of, 186-87 estimates and appropriations, 190 sites and buildings, 68, 88, 100, 146, 147 state aid for, 188 supervision by Commissioner of Education, 31 Alcoholic drinks, see Physiology and hygiene Alfred University, state school of agriculture, 288 Americanization, provision for carry- ins: on Avork, 32, 33 Animals, humane treatment, 89, 100, 223 Annual meetings, see School meet- ings Apparatus apportionment for, 160 boards of education to purchase, 100, 101 district to vote tax for, 6i8 exempt from taxation, 48 expenditures for, 90 loans, 11 purchase of, from proceeds of sale of school-house or site, 145 repairs, 89-90 Appeals from action of joint meeting alter- ing school districts, 38 to Commissioner of Education, 281-82 from district superintendents' acta and decisions, 124 1347] 348 THE UNIVERSITY OF THE STATE OF NEW YORK Appeals {continued) district superintendents to report testimony to Commissioner of Education, 123^24 expenses of district olEcers, tax for, 69 See also Decisions Appointments of officers and em- ployees of Education Department, 6 Apportionment, see Public library money; School libraries: School moneys Arbor day, 226-27 Architects, supervision of, 10 Archives in state library, 325 Armories, use for physical training, 217 Art, works of, 68, 90 apportionment for, 160 Art associations, incorporation, 13 Assessment, see Taxes Associations, incorporation. 13 Athletic centers, 68, 88, 89, 90, 100, 146, 148 Attendance certificates of principals or teachers, 207 compulsory, 197 record of, 170-71, 199, 200 - Attendance officers, 202 interference with, 203 Ballot boxes boards of education to provide, 96 trustees shall provide, 80 Ballots in common school districts, form of, 80 Banking law, extract from, 173-74 Banks, savings, in schools, 173-74 Beekman, assessment for school pur- poses of certain state lands in, 135 Bequests See Gifts; Trusts Birds, humane treatment and pro- tection, 89, 100, 223 Blackboards, district to vote tax for, 68 Blind, required attendance, 197 schools for, 284, 285 Boards of education, 93-108 academy, may adopt as academic department, 105-6 agricultural schools, and others, powers, 186-87 appointment of officers in union free school district, 85 bonds, issue, 147-48 bonds, legalization by Commis- sioner of Education, 149 central high school district, 56, 58, 59 central rural schools, duties relat- ing to, 54, 55 condemnation of land for school- house site, 145 of consolidated district, 41 contracts with trustees in other districts, 180 corporate bodies, 94 defined, 5 district quotas, powers, 42 election, 45-46, 94-95 disputes concerning, 97 in new district, 97 inspectors, 95-96 notice of, 95 record of votes, 96 special, 96 expenditures, limitation upon, 105 fire drills, duties relating io, 226 fire escapes, construction. 140 industrial and trade schools, duties relating to, 182 ineligibility, 78 kindergartens, to maintain, 103 library property, transfer of, 334 meetings, 104 annual, 98 members, school officers, 5 night schools, to maintain, 103 normal schools, contract for educa- tion of children in, 240 number of members in certain di.?- tricts, 98 physical training, duties relatin;: to, 215 powers and duties, 100-3 president, 94 INDEX 349 Boards of education (continued) records. 106 removals from oflSce, 31, 100, 102 reports, 106 filed with Commissioner of Edu- cation on request, 35 report of pupils from other dis- tricts, 181 retarded children, powers and du- ties, 179 school libraries, appointment of li- brarian, 333 school meetings, duties relating to, 46, 47 special, may call, 65 school moneys, custody and pay- ment of, 104, 158 estimate of expenditures, 107 school-house and grounds, supervi- sion, 141 school-houses, outbuildings, pro- vision for, 143 sites, designation without vote, 144 superintendent of schools, supervi- sion, 103 supervision by Commissioner of Education, 34-35 taxes for payment of bonded in- debtedness of school district, to raise, 42 certified to corporate authorities, 108 may levy without vote, 107 teachers, contract with, 171 relationship to, 172 training schools or classes, may establish, 231 term of office, 94, 95, 97, 98-99 text-books, to designate, 210 to furnish, 211 title to lands vested in, 146 trustees, powers of, 105 of union school district, election, 46 vacancies in office, 81 how filled, 102 visitation of schools, 104 waterclosets. to provide, 102 See also Trustees; Union free school districts Boards of education, in cities, 246- 73 bonds of employees, 260 bureau of compulsory education, school census and child welfare, 255 census board, permanent, 208-9 continuation in office, 272 election, 70 eligibility, 248 how chosen, 248 meetings, 251 powers and duties, 251 retarded children, powers, 179 retirement of employees, 258 salaries, powers, 274 term of office, 248 vacancies, 248 Board of examiners, cities, 255 Boards of supervisors, see Supervi- sors Bond collector's, 68, 84, 85, 130, 167 recovery of money on, 86 employees, city boards, 260 supervisor's for school moneys, 113 treasurer's, 68, 84, 85, 167 treasurer of temporary districts, 51 Bonded indebtedness, charge upon en- larged district, 42 of school districts, apportionment by district superintendent, 36 Bonds, 146, 147-49 central high school district, 59-60 issue in cities, 269 legalizing, 149, 150 rate of interest, 154 sale, notice of, 148 payment of proceeds, 83 sale of site to be taken as security for, 144 Books bought with public money, ap- proval of, 332 forfeiture of grants, 330 subject to return to state, 332 of delinquent libraries, 332 loans, 11 S50 THE TJNIVEBSITY OF THE STATE OF NEW YORK Books {continued) penalties for detention, 330 Regents may buy for libraries, 331 standard for local subsidies, 328 Books and apparatus, apportionment for, 160 Botanist, state, naember of museum staff, 11 Branch institutions, establishmpnt restricted, 13 Branch libraries. 327 Branch schools, establishment, 90 Building for Education Department, 7 Buildings, see School-houses Bulletins, publication authorized, 6 Bureaus, city, continuation in ofl&oe, 272 Business schools, use of name college, 18 Camps, temporary school districts in, 50 Census, school, 207-9 expenses, how paid, 159 Census board, permanent, in cities, 208-9 Central high school districts, 55-62 Central rural schools, 52-55 Certificates issued by institutions of other states or countries, Regents may fix value of, 10-11 protection against fraud, 18 See also Credentials; Normal schools; Teachers' certificates Certified public accountants, 10 Certified shorthand reporters, 10 Chancellor of University, 9 duties, 9 meetings, to call, 9 signature to reports, 6 Charities, State Board of, transfer of certain powers to Commissioner of Education, 33 Charters of university institutions, 12-13 alteration or repeal, 13 conditions of granting, 13 library, 329 Charters {continued} property requirements, 13 provisional, 13 restrictions, degree-conferring power, 18 surrender, 17-18 suspension, 12 Children, employment, 199 See also Pupils; School age Chiropody, practice of, 10 Circulation, subsidies granted on, 328 Cities apportionment to, 155, 156, 159 boards of education, 246-73 deposit, custody and payment of moneys in, 104 libraries, 327 property in trust for common schools, 166 salaries of supervising and teach- ing staff. 273-81 school district for purposes of ap- portionment, 165 school elections in, 70-78 schools under supervision of Com- missioner of Education, 35 supervisory districts shall not form part of, 115 taxes, corporate authorities to levy, 108 teachers' training schools or classes, 231 treasurer or chamberlain, certifi- cate of apportionment of school moneys to, 162-63 Civic forums, use of school-houses for, 142 Clerk, see District clerk Cobleskill, state school of agricul- ture at, 288 Collection of taxes, see Taxes Collector bond, 68, 84,- 86, 130, 167 recovery of money on, 86 county treasurer, payment of tax- to collector, 133 custody of moneys, 86 disbursement of moneys, 110 INDEX 351 Collector (contintied) district treasurer, payment of moneys to, 83, 86 election in common school dis- tricts, 67 fees, 131 in each school district, 78 jurisdiction, 130 liability of, for moneys lost, 86 notification of election, 83 payment of moneys, 168 railroad companies, assessment and tax, 131 receipt for taxes, 137 removal of, 34 reports of receipts and disburse- ments, 86 school officer, 5 taxes, notice of receiving, 131 unpaid, return of, 133 warrants for collection of, 130 teachers' fund, to disburse, 86 trustee, may not hold office of, 78 not to draw on for teachers' wages unless record is verified, 171 in union free school district, 85 vacancy in office, 81 how filled, 82 Colleges, 4 defined, 4 degree-conferring power, 13 incorporation, conditions of, 13 name, use of, 18 water-works and sewer systems, may construct, 22-23 Colonial history, extra copies, 326 Colored children, schools for, 284 Commissioner of Education, 4, 30-35 academy, approval of adoption as academic department, 106 affidavits, may take, 32 agriculture, schools of, 31, 189, 287 appeals or petitions to, 281-82 appointment of officers and em- ployees, 6 Arbor day, to prescribe exercises for, 227 Commissioner of Education (cont'd) assistant commissioners, appoint- ments, 6 may take testimony, 9 removals and suspensions, 6 boards of education, election dia- putes, to decide, 97 may order new election, 97 removal from office, 34, 100 supervision, 34-35 bonds, legalizing, 149 buildings, new, plans and specifi- cations must be approved by, 139 central high school districts, du- ties, 56, 57 central rural schools, powers and duties, 54 chief executive officer of state sya- tem of education and of Regents, 5, 30 city schools, supervision, 34-35 collector, removal of, 34 compulsory education law, with- holding state moneys for failure to comply with, 205 contingent expenses, decisions on, conclusive, 107 contracts between school districts for education of pupils, approval of, 181 district clerk, removal of, 34 district election disputes, deter- mination of, 97 district superintendents, appeals from acts of, to be taken to, 124 election disputes, to decide, 124 examinations in agriculture, l-o prescribe, 119 expenses, may audit and allow, 120-21 to perform duties of another su- perintendent when requested by, 124 may remove from office, 121 reports, 124 to report testimony in appeal cases to, 123-24 352 THE UNIVERSITY OF THE STATE OF NEW YORK Commissioner of Education {cont'd) district superintendents {cont'd) salary, payment of, 120 salary, may withhold, 121 subject to rules prescribed by, 124 vacancy in office, duties relating to, 120 district treasurer, removal of, 34 Education Department, administra- tion of, 30 election by Regents, 30 elected without regard to place of residence, 30 extension of educational facilities, 11 farm schools, powers, relating to, 196 fines, apportionment of, 241-42 forms, preparation of, 31 homemeiking, schools of, super- vision, 31 humane treatment of animals and birds, powers and duties, 223 illiterates, duties relating to in- struction for, 32, 33 industrial and trade schools, ap- portionment for, 188 supervision, 31 industrial teachers' scholarships, to award, 240 inspection, duties relating to, 12, 30, 34-35 laws, enforcement of, 30 mechanic arts, schools of, super- vision, 31 medical inspection, powers and duties, 177 mental diagnostician, assistant, appointment, 170 normal college, control of, 239 normal school diploma, annulment, 31 normal schools, powers and duties, 31, 233 contract for education of chil- dren in, 240 oaths, power to administer, 32 office continued, 30 patriotic exercises, provision for, 225 Commissioner of Education {cont'd) patriotism and citizenship, super- vision of courses in, 224 penalty for falsely claiming to rep- resent, 242-43 petitions to, 281 physical training, duties relating to, 215 physiology law, duties relating to, 213 powers and duties, 30-33 property to be held in trust for common schools, 166 registers, blanks, forms, prepara- tion of, 31 removals and suspension, 6 reports, to the legislature, 6 from boards of education, to re- quire, 106 filed with county clerk and county treasurer, may re- quire, 35 of school officers, to require, 35 of school trustees, to prescribe form of, 91 responsible for books, records and other property, 31 responsible for seal, 31 rules of Regents, to enforce, 34 salary, 30 scholarships, duties relating to, 24 for soldiers, sailors and trained nurses, 28 school commissioner, removal of, 34 school districts, appeal to from ac- tion of meeting altering, 37- 38 minutes of meeting to organize union school to be filed with, 46 proceedings of meeting, to be notified of, 47 school libraries, powers and duties, 332 rules regarding, 332 school library moneys, may with- hold. 334 school meetings, authorization of notice, 40 special, may call, 65 I INDEX 353 Comrnissioner of Education {confd) school meetings {continued) of two or more districts, may order, 45 ■chool moneys, apportionment, 155, 156 certificate of apportionment, 163 apportionment of money for non- resident pupils, 161 apportionment withheld for fail- ure to comply with physiology laAV, 213-14 withholding of, 34 school neighborhoods, 48-50 school officers, removal of, 34 echool-houses, may grant use of for examinations and institutes, 141 school-houses and grounds, duties relating to, 141 seal, 6 signature to reports, 6 special meeting of Regents, may call, 9 suits or proceedings to enforce de- cisions of, 243, 244 superintendent of schools, removal of, 34 supervision over schools and insti- tutions, 30 supervisory districts, disputes re- garding formation to be deter- mined by, 124 tax list, approval of amendment of, 130 teachers, dismissal, 172 of foreign born and native adults, training, 32, 33 regulations governing certifica- tion, 169 to keep register of, 31 f;Jaries, additional apportion- ment for, 156 salary, may authorize payment in certain cases, 155 teachers' certificates, to issue, 160 annulment, 31 endorsement, 170 may revoke for refusal to teach physiology and hygiene, 213 12 Commissioner of Education (cont'd) teachers' institutes, duties relating to, 227 teachers retirement fund, duties relstti^g to, 200-91, 293, 294, 295, 207 teatchers' training schools and classes, apportionment for, 165 duties relating to, 230-31 temporary districts, powers and duties, 50 term of office, 30 testimony, may take, 9 text-books, to examine, 211 trade schools, supervision, 31 training classes, apportionment for, 165 traveling and other expenses, al- lowance for, 30 trustee of Cornell University, 31 trustees, removal of, 34 trusts, supervision, 166 report of to, 166 union school district, may author- ize meeting to organize, 44 supervision, 34-35 vacancy in office of trustee, to order election to fill, 81 villages and union free school dis- tricts, to determine population of, 103, 159 visual instruction, provision for, 32 See also Education Department Commissioners, school, see School commissioners Common school districts, see Districts Common schools constitutional provisions, 1 free to resident pupils, 172 non-resident pupils, 172 See also Districts; School meetin'jjs Community centers, use of school- houses for, 142 Comptroller school moneys, may withhold pay- ment of, 165 warrants for payment, 162 Compulsory education, 196-207 Compulsory school age, defined, 5 354 THE UNIVERSITY OF THE STATE OF NEW YORK Condemnation of property for school- house sites, 145, 146 Condemnation of school-houses, 123, 142 Constitutional provisions relating to education, 1 Contagious diseases, 156, 176-77 Contingent expenses, 107 Contingent fund established, 155 Continuation schools, 183-86, 188- 89, 190 certificates, 200, 201 Continuation in office of boards, bureaus, teachers, etc., in citios, 272 Contracts between school districts for educa- tion of pupils, 180 for building school-houses, 143 district superintendent not to be interested in, 121 for library privileges, 327 officials not to be interested in, 344 school trustees not to be interested in, 93 teachers, 171 Conveyance of pupils, 69-70 central high school district, 62 central rural schools, 55 payment of expenses, 42 Cornell University, 286 Commissioner of Education, trustee of, 31 Corporal punishment, 342 Corporate authorities to levy taxes, 108 Costs in actions by or against school officers, 243 Counterfeiting credentials, 18 Counties, grants of property to, for common schools, 166 County clerk district superintendent, duties re- lating to election of, 118 to file trustees* reports and su- perintendents' abstracts with, 124 to forward certain reports to Com- missioner of Education, 35 County clerk {continued) school moneys, certificate of ap- portionment to, 163 supervisory districts, duties relat- ing to, 118 County judge, appeal to, 244 hearing before, 245 tax for costs in actions, to com- pel districts to levy, 244, 245 County libraries, 327 County treasurer certificates relating to apportion- ment, to send to Commissioner of Education, 35 fines, disposition of, 242 penalty for disobedience to sub- poena, to impose, 124 railroad and other companies, no- tice to, of assessment and tax, 132 payment of tax to, 152 reports, 163 school moneys, annual report of, 163 apportionment to be certified lo, 163 list for district superintendent, 164 payments of, 162, 163 payments to, statements of, 164 supervisor's bond, duties relating to, 113 tax list, transmission to, 134 taxes, payment to collector, 133 unpaid, collection of, 134 trustee of unclaimed academy stock, 17 Course of study boards of education to prescribe, 100 district superintendents, duties concerning, 122 trustees to prescribe in common schools, 89 Court libraries, 335 Court of appeals libraries, 335 Credentials conferment by Regents, 10 INDEX 355 Credentials (continued) for extension work, 11 fraudulent, 18 Dannemora, assessment for school purposes of certain state lands in, 135 Deaf mutes, instruction of, 284 Decisions, appeals from, 281-82 Defective children, 285-86 Definitions, 4-5 Degree-conferring institutions, re- striction of number, 18 Degree-conferring power, restrictions, 13, 18 Degrees charter restriction, 13 conferment by Regents, 10 issued by institutions of other states or countries, Regents may fix value, 10 protection against fraud, 18 provisional charter gives no power to confer, 13 Degrees, honorary, conferment by Re- gents, 10 Delhi, state school of agriculture and domestic science, 288 Delinquent and dormant institutions, exclusion from University mem- bership, 12 suspension of charter, 12 Delinquent libraries, 330, 332 hooks, 332 Dentistry, practice of, 10 Departments of University, 11 Detention of library or museum prop- erty, 330 Devises, see Bequests Diplomas conferment by Regents, 10 conferment restricted, 18 endorsement, 170 issued by institutions of other states or countries, Regents may fix value, 10 protection against fraud, 18 Directors, see School directors Discipline and physical training. 215-17 Disciplinary and military training, 217-23 Dissolution of academies, 15-17 of educational corporations, 14 school districts, 38-39 union free school district, re- stricted, 47 District attorney, fines, report and payment, 242 District clerk central high school district funds, powers, 61-62 duties, 82-83 election in common school districts, 67 forfeiture of amount of moneya lost by neglect, 243 notice to persons elected, 80 oath, teachers, taken by, 171 records of dissolved district, da- posit of, 43 removal of, 34 in each school district, 78 school district bonds, duties re- lating to, 149 school meeting 5, annual, may desig- nate place of, 64 notice of, 63-64 school meeting, special, may call, 64-65 school officer, 5 temporary districts, 51 treasurer's bond filed with, 84 trustee, may not hold office, 78 in union free school district, 85 vacancies in office, how filled, 82 District collector, see Collector District libraries, see School libraries District meeting, see School meet- ings District officers, see School officers District quota, 155, 164 consolidated districts, 42 district entitled to, 156, 181 temporary districts, 50 District superintendent of schools, 115-25 affidavits, may take. 123 356 THE UNIVERSITY OF THE STATE OF NEW YORK Digtriet sup't of schools {cont'd) appeal cases, to report testimony in, to Commissioner of Educa- tion, 123 appeals from acts of 124 city, 256 Commissioner of Education, subject to rules prescribed by, 124 consolidated district, order creat- ing, 41 deputy, 119 election, 117 expenses, allowance for, 120 payment, 125 may act for another district supei- intendent, 124 military or naval service, 118 not to be engaged in other busi- ness, 122 not to be interested in certain busi- ness or to accept rewards, 121 oath of office, 119 oaths, may administer, 123 ofnce created, 115 physical training expenses, duties relating to, 216 powers and duties, 122-24 powers of school commissioners, to hold, 124 qualifications, 119 removal from office, 121 disqualifies for reelection for five years, 119 reports, 124 salary, 120 . forfeiture of, 121 school districts, formation and alteration, 36-37 school meetings, to give notice of, 63 school moneys, apportionment, 1G4 reports by supervisors of school moneys to, 114 sites of school-houses, designation, GS subpoenas, power to issue, 123 supervisory district, 115-17 teachers, examination and licensing of, 123 included under term, 289 District sup't of scliools (cont'd) teachers conferences, to call, 228 teachers retirement fund, contribu- tions to, 293 deduction from salary for, 294 duties relating to method of pay- ment, 294 temporary districts, powei-s and duties, 50 term of office, 119 training classes, inspection of, 122 vacancy in office, 120 how filled, 120 See also School commissioners District treasurer bond, 68, 84, 85, 167 central high school district fur.ds, powers, 61-62 compensation, 85 duties, 83-84 election in common school districts, 67 notification of election, 83 payment of money from gospel funds, 167 removal from office, 34 in each school district, 78 school moneys, d^'sbursements, 110 payment to, 163 school officer, 5 temporary, 50 term of office, 68 trustee, may not hold office of, 78 not to draw on for teachers' wages unless record is verified, 171 union free school district, 85 vacancy in office, 81 how filled, 82 Districts, 35-48 alteration, 37 apportionment, 155-56 boundaries, correcting records of, a district charge, 122 consolidated, district quotas, 42 order creating, 41 property, 43 consolidation, 39 by vote of qualified electois, 39 INDEX 357 Districts (conHnved) contracts with boards of education, in other districts, 180 dissolution, 38-39 dissolved district, deposit of rec- ords, 43 sale of property, 43 to exist for finishing business, 43 existing districts continued, 36 formation of new districts, 36 formation, re-formation, 39 joint district, dissolution or altera- tion, 38 formation, 37 number, 37 meetings, 62-70 number and description of dis- tricts, 37 records, books, district property, 82 supervision by Commissioner of Education, 34 temporary districts, 50 trust funds, 166-67 union school district, reorganiza- tion as common school district, 46 See also District clerk; District quota; District treasurer; School meetings; School officers; Super- visory districts ; Trustees ; Union free school districts Domestic science school at Delhi, 288 See also Homemaking, schools of Dover, assessment for school purposes of certain state lands in, 135 Druggists, see Pharmacy Duplicate department of state li- brary, 326 exchanges, 326 loans of books from, 331 Education, boards of, see Boards of education Education Department, 5-7 building, 7 under direction of Regents and Commissioner of Education, 5 Education Department {continued) divisions of department, 5-6 public records and history, 33d farm schools, powers relating to, 196 management and supervision of public schools and educational work of state, 5 reports to the legislature, 6 seal, 6 Education fund, 1 Educational institutions incorporations, 12-13 liquidation, 14 penalties for detention of property, 330 penalties for injuries to property, 330 See also Gifts Election day, 160 Elections, see School elections Electric light companies, 132 Employees of Education Department appointment, 6 removals and suspension, 6 Employees in public schools remov- able for treasonable acts or utter- ances, 173 Employment of children, imlawful, 199 Employment of teachers, see Teachers Endorsement of teachers' certificates and diplomas, 170 Entomologist, state, member of mu seum staff, 12 Enumeration, see Census Evening schools, 103 certificate, 201 required attendance, 197 vocational schools, 183, 188, 190 Examinations academic, 10 for extension work, 11 fraud in, 18-19 physiology and hygiene, 213 Regents, law authorizing, 10 state certificate, 169 teachers, regulations governing, 109 unlawful acts in respect to, IS-lfl 858 THE UNIVERSITY OF THE STATE OF XEW YORK Examinations (continued) use of school buildings for, 140 See also Teachers' certificates Exemptions from taxation for building school-house, 129 Expenditures of school moneys estimates of, 107 in cities, 262-68 limitation upon, 104 vote on, to be by ballot, 70, 146 Extension of business by institution.'?, restrictions, 13 Extension of educational facilities, 4, 11 Factories, employment in, 199 False personation in examination, 18 Farm schools in counties, 191-96 Fees for admission to examinations, 10 collector's, 131 libraries, assistance to, 331 supervisor and town clerk in cases of district alteration, 44 supervisors, 44, 114 town clerk, 84 Fines, 241-45 apportionment, 241-42 compulsory education law, viola- tion of, 199, 200 for detention of property, 330 disposition of, 241-42 in case of joint district, 242 examinations, violation of law re- lating to, 19 fire drills, neglect of, 226 for injuries to library or museui-i property, 330 notice of district meetings, failure to serve, 66 payments on, 164 report and payment, 242 teachers, unqualified, payment of, 170 voters, for false declaration or un- authorized vote, 67 votes, failure to record, 96 " See also Penalties Fire drills, 226 Fire escapes, 140 Flag, display on schoolgrounds, 225 Foreigners, supervision of instruction for, 32, 33 Forms, preparation of, 31 Fraud in obtaining credentials, 18 Fredonia normal school, practice de- partments in, 237 Free public libraries, see Public li- braries Free tuition, see Tuition Fuel, district to furnish, 68, 101 Funds, educational, 1 See also Public library money ; School libraries; School moneys Furniture, school-houses, 68, 100, 101, 123 Gas companies, 132, 136 Geologist, state, member of museum staff, 12 Gifts boards of education, powers, 101 libraries, 327 conditional acceptance of, 327 See also Bequests; Trusts Globes district to vote tax for, 68 loans, 11 Gospel and school lots, 166-68 payment of proceeds of sale, 113 report of supervisor regarding, 167 supervisors' duties. 111, 112 Gospel funds, apportionment, 167 Grants, see Bequests; School moneys Health certificates, 175 High school districts, see CentnO high school districts High schools, 4 Higher education defined, 4 Highlands, assessment for school pur- poses of certain state lands in, 13o Historical associations, incorporation, 12 History, division of, 336 Holidays, schools not to be in on, 159-60 I^lEX 351> Ho:Memaking, schools of, 55, 182-00 authority of board of educatioTi over, 187 estimates and appropriations, 190 state aid for, 188-89 supervision by Commissioner of Education, 31 training of teachers, 190 Humane treatment of animals and birds, 89, 100, 223 Illiterate minors, school attendance, 206 Illiterates, supervision of instruction for, 33 Incorporation, see Charters Indebtedness, see Bonded indebted- ness Indian collection, 12 Indian reservation, apportionment for teachers, 155 Indians, education in normal school^,, 239 Indorsement of teachers' certificates and diplomas, 170 Industrial and trade schools, 182-91 application of moneys, 189 estimates and appropriations for, 190 state aid for, 188-89 supervision by Commissioner of Education, 31 Industrial teachers' scholarships, 240 Industrial training in truant schools, 205 Injuries to property, penalties, 330 Inspection of common school, by boards of education, 104 by Commissioner of Education, 34 by district superintendent, 122 industrial and trade schools, 31 of institutions, authority for, 30 libraries, 328 training classes, by district super- intendent, 122 University institutions, 12 Inspectors of election, 95-96 comn:on school districts, 80 Institutions in University, 12 Insurance normal schools, 238 school library, 88, 101 school-houses, 69, 88, 101 Jamestown, tax election, 270 Joint districts, see Districts Judge, see County Judge Judgments taxes for payments of, 89 for teachers' wages, how satisfied, 69 Kindergartens, 103 Lantern slides, loans, II Laws repealed, 341 Lecturers, extension, Regents may designate, 11 Lee, assessment of lands in, 135 Legislature, members may borron" from state library, 325 Librarians of school libraries, 101„ 333 Libraries, 324-34 abolition, 332 branch, 327 charters, 12-13, 329 county, 327 establishn.ent, 327 gifts to, conditional acceptance of. 327 inspection, 328 museum collcctivjns, 328 neglect, 330, 332 penalities, for detention of books^ 330 for injuries to property, 330 property, 327 subject to return to state, 332 reports, 326. 329 subsidies, 328 taxes, 327. 328 transfer, 330 transfers of books to state library,. 326 traveling, 331 trustees, 329 Regents may remove, 331 S60 THE UNIVERSITY OF THE STATE OF NEW YOKK Libraries (contin'ued) See also Public libraries; School libraries; State library Library commission, 331 Library fund, 328 Library school, authority for, 331 Licenses, protection against fraud. 19 See also Teachers' certificates Licensing, supervision of, 10 Lincoln's birthday, 160 observance in public schools, 22o Liquidation of educational institu- tions, 14 Loans for extension work, 11 from state library, 325, 326, 331 Local school board districts in cities, 259 Long Island, State School of Agri- culture, 335 Manual training schools not entitbl to share in grants for industriMl schools, 189 Manuscripts on file, part. of state library, 325 removal from state library, 325 transfer to state library, 326 Maps apportionment for, 161 district to vote tax for, 68 loans, 11 transfer to state library, 326 Marcy, assessment of lands in, 135 Marines, state scholarships for, 27 Mechanic arts, schools of, 182-91 authority of board of education over, 187 estimates and appropriations, 190 state aid for, 188 supervision by Commissioner of Education, 31 training of teachers, 190 Medical inspection of school children, 102, 174-79 Medical library, 325 Medicine, practice of, 10 Meetings, see School meetings Memorial day, 225 Mental d);;giiostician, assistant, ap- pointmeit, 179 Military and disciplinary training, 217-23 Military drill excluded from public schools, 225 Military training commission, 215, 217-22 Moneys, see Library fund; Public li- brary money; School moneys Morrisville, state school of agricul- ture at, 288 Mortgage, sale of site to be taken as security for, 144 Municipal corporations may establish libraries, 327 See also Cities Museums, 326 collections, 328 incorporation, 12-13 penalties, for detention of property, 330 for injuries to property, 330 reports, 329 See also State museum Karnes, use of name college or uni- versity, 18 Names of institutions, change of, 13 Natural gas companies, 132, 136 Natural history, extra copies, 326 Negroes, schools for, 284 Neighborhoods, school, see School neighborhoods New York-American Veterinary Col- lege, 336 New York city, payment of school moneys to, 163 school census, 207 New York State College for Teachori control of, 239 faculty, number, 236 teachers, salaries, etc., 233-36 New York State School for the BlinJ. 33, 285 Newspapers, publication of notice>; in, 56, 72 IJS'DEX 361 Kight schools, 103 requirecl attendance, 197 vocational schools, 183, 188, 190 Non-resident pupils, apportionment for tuition, 161, 162 tuition, 101, 161, 172 Normal College, see New York State College for Teachers Normal schools, 232-41 admission requirements, 237 courses of study, 233 diploma, 236 Commissioner of Education may annul, 31 endorsement, 170 qualifies for teaching, 168 faculty, 236 grants and bequests, 238 Indian youth in, 239 insurance, 238 local boards, 232, 233 defaulting, 236 physiology and hygiene, instruction in, 213 policemen, special, 237 principal, duties relating to physi- ology law, 214 secretary, salary, 233 supervision by Commissioner of Education, 31 teachers, 233-36 treasurer's bond, 233 salary, 233 Nurses, registration, 10 scholarships for, 27-29 Oaths Commissioner of Education may administer, 32 district superintendents may ad- minister, 123 Officer of institutions, ineligible as Regent, 8 t Officers of Education Department appointment, 6 removals and suspensions, 6 Officers of University, 9 Officers, see also School officers Optometry, practice of, 10 j Orplian schools, 283 apportionment to, 155 C^ssining, assessment for school pur- poses of certain state lands in, 135 Oswego, tax election, 269 Piid help from state library, 331 Paleontologist, state, member of mu- seum staff, 12 Papers, see Manuscripts Parental relation, defined, 4 duties of persons in, 198 Part-time schools, 183-86, ISS certificates, 200, 201-2 Patriotic exercises, 225 Patriotism and citizenship, courses in, 224 Penal provisions relating to schools and school officers, 342^5 Penalties, 241-45 children, unlawful employment, 199 Conunissioner of Edtication, Re- gents or other school officer, falsely claiming to represent, 242-43 compulsory education law, violar tion of, 199, 200 fire drills, neglect of, 226 forfeiture of, for neglect to sue for, 243 fraudulent credentials, 18 for injuries to property, 330 notice of school meetings, failure to serve, 66 school officers, refusal to make re- port, 65 refusal to serve or perform duty, 80-81 statement of moneys received from, 164 subpoana, disobedience of, 124 suits for, 243 supervisors' refusal to give bond, 113-14 teachers, failure to complete con- tract, 171-72 unqualified, payment of, 170 text-books, law concerning, 210-12 ■2Q2 THE UNIVERSITY OF THE STATE OF NEW YORK JPenalties (continued) trustee, failure to account, 92 voters, false declaration or unau- thorized vote, 67 See also Fines Pensions, teachers, 289-324 Petitions to Commissioner of Educa- tion, 281 Pharmacy, practice of, 10 Photographs, see Pictures Physical training, instruction in, 215-17 Physically defective children, 285-88 Physiology and hygiene, 212-15 examinations in, 213 provision for instruction of pupils, 89, 100 Pictorial or graphic representations, 32 Pictures apportionment for, 160 loans, 11 Pipe line companies, apportioning valuation, 136 Playgrounds, 68, 88, 89, 90, 100, 146, 147 Political meetings, use of school- houses for, 142 Poll-list in common school distric's, 80 in cities, 72 Polling places, use of school-houses for, 142 Poughkeepsie, tax election, 269 Practical arts, schools of, 182 President of college, ineligible as Re- gent, 8 Principals of schools fire drills, to maintain, 226 ineligible as Regent, 8 Professional schools, 4 Professions, supervision of, 10-11 Property of abandoned district library, 334 corporations, extinct, 14 library, control by Regents, 331 of transferred library, 330, "34 subject to return to state, 332 Property ( continued) penalties for injuries to, 330 school district, consolidated, 43 to be held in trust for common schools, 166 See also Gifts; Real property; School property; Taxes; Trus- tees; Trusts Provisional charters, 13 Public accountants, 10 Public documents part of state li- brary, 325 Public health law, extracts from, 177-79 Public holidays, 159-60 Public libraries, 326 abolition, 332 advice and instruction from state library, 331 delinquent libraries, 330, 332 forfeiture of state grants, 330 formed from school libraries, 330, 334 free to residents, 329 gifts to, conditional acceptance of, 327 incorporation, 329 penalties for detention of books, 330 for injury to property, 330 reports, 326, 329 school library property, transfer to, 334 school-houses as stations, 141 taxation, 327, 328 transfers of books to state library, 326 trustees, 329 Public library money, apportionment, 331 forfeiture of grants, 330 return to state, 332 Public money, see School moneys Public school teachers' retirement fund, 289-324 Pupils, 168-73 See also Children; Non-rtaident pupils INDEX 363 Hailroad and other companies taxation, 132 apportioning valuation, 136 Reading-rooms, 327 penalties for detention of book^, 330 for injuries to property, 330 Real property, acquisition for school purposes, 145 purchase and sale, in cities, 262 Record books, teachers responsible for, 170 Records boards of education, 106 copies of, authenticated by seal, 6 on file, part of state library, 325 removal from state library, 325 school officers, district property, 82 Recreation grounds, 89, 100 Reference books of abandoned district libraries, 334 Regents absences, 9 charters, may grant, 12-13 may alter or repeal, 13 may suspend, 12 colleges or universities, power to regulate name of, 18 Commissioner of Education, chief executive officer, 30 election of, 30 constitutional provisions, 1 defined, 4 departments, may establish, 11 dissolution of institutions, powers, 14 duplicate department, charge of, 325 election, 8 examinations, may establish. 10 extension of educational facilities, 11 ineligibility, 8 inspection of institutions, 12 institutions in Universitv, powers, 12 legislative power, 8 libraries, abolition of, duties re- garding, 332 HcfTonts (continued) 1 hraries (continued) approval of transfer, 330 books for, may buy, 331 charters, may grant, 329 gifts, approval of acceptance, 327 property, control of, 330-31 reports, to submit, 329 trustees, may remove, 331 manuscripts and records, to make available, 325 meetings, 9 quorum, 9 no " ex-officio " members, 8 normal schools, approval of con- tract for education of children in, 240 number, 1, 8 oath of office, 9 officers, 9 penalty for falsely claiming to rep- resent, 242 physical training, rules relating to, 216 powers, 1, 5, 8, 9, 10, 11 professions, supervision of, 10-11 property to be held in trust for common schools, 166 rules, Commissioner of Education to enforce, 34 may make, 9-10 scholarships, rules governing, 24- 25 seal, 6 senior Regent, powers in vice-chan- cellor's absence, 9 state library, control of, 325 state normal college, control of,i 239 term of office, 8 ! testimony, authority to take, 9 vacancies in office, 8 to be reported to legislature, 9 Registered architects, 10 Registered nurses, 10 Registers, see School register Registration of institutions, 10 Rehabilitation law, 336-41 864 THE UNIVERSITY OF THE STATE OF NEW YORK Religious iristruction in theological seniinarios, exempt from state control, 9-10 See also Sectarian schools Reports board of education to make, 106 county clerk and county treasurer to forward to Commissioner of Education, 35 county treasurer to render, 163 district superintendents, 124 from University institutions, 12 failure to report causes suspen- sion, 12 required before sharing in appor- tionment, 162 public libraries, 320, 329 of pupils from other districts, ISl regulations for making, 31 school library, 333 school officers, Commissioner of Ed- ucation to require, 35 state library, 326 state museum, 11 trustees, 91, 124 Retarded children, 179 Retirement fund for public school teachers, 289-324 Rockland county, assessment for school purposes of state lands in, 136 Rules of Regents amended, suspended or repealed, 10 Commissioner of Education to en- force, 34 enactment, 9 violation by institutions, causes\ suspension, 12 Rural schools, central, 52-55 Rush, assessment of lands in, 136 Russia, assessment of lands in, 135 Sailors, state scholarships for, 27-20 St Lawrence University, state school of agriculture, 287 Sale of school-houses, 101, 144 school property, application uf funds, 48 Savings banks in schools, 173 Schoharie State School of Agricul- ture, Cobleskill, 288 Scholarships, state, 23-29 for soldiers, sailors, marines and trained nurses, 27-29 industrial teachers, 240 School age, 172, 197 School authorities defined, 5 School Commissioners acts may be appealed from, 281 Arbor day, duties relating to, 227 boards of education, may call spe- cial election, 96 certification of teachers by, 170 defined, 5 forfeiture of amount of moneys lost by neglect, 243 physiology law, duties relating to, 214 property held in trust for common schools, 166 removal of, 34 reports, abstracts of, 35 school districts, apportionment of moneys collected by supervis- ors, 43 approval of proceedings of meet- ing to dissolve union school district, 47 designation of union free school districts, 46 dissolution and alteration, 37 dissolution or alteration of joint district, 38 division of union free school dis- tricts, 47 meetings, conditional approval of proceedings, 47 effect of veto of proceedings, 47 minutes of meeting to organize union school to be filed with, 46 special, may call, 65, 66 number and description, 37 school neighborhoods, 48 school officers, 5 may accept resignation of, 81 resignation filed with, 81 INDEX 365 School Commissioners (continued) school-houses, condemnation of, 142 estimates of erection, 143 may request use of for examina- tions and institutes, 141 service to be included for purpose of granting annuity, 330 supervisory districts, duties relat- ing to, 115 teachers' certificates, may grant and revoke, 170 teachers' institutes, duties relating to, 228 term to mean district superintend- ent, 289-90 training classes, supervision, 231 trustee, may fill vacancies in office of, 81 not eligible as, 78 See also District superintendent of scliools School directors compensation, 117 district superintendents, election of, 118 filling vacancy in office, 120 election, 117 oath, 117 term of office, 117 vacancies in office, 117 how filled, 117 School districts, see Districts School elections, district meetings, 66-70 m cities, 70-78 School grounds, use out of school hours, 141 School libraries abandoned, 334 apportionment of moneys to, 160 may be withheld, 334 authority to raise and receive money for, 333 circulating libraries for residents of district, 332 district superintendent to advise trustees regarding purchase of books, 123 establishment, 327 School libraries {continued) existing law and rules continued in force. 333 insurance, 88, 101 librarian, 101, 333 property, transfer to free public library, 334 public libraries formed from, 330, 334 reports, 333 tax for establishment of, 69, 333 trustee may not be librarian, 78 use and care, 332 School meetings, 62-70 acts may be appealed from, 281-82 annual, of boards of education, 98 of districts re-formed after dis- solution, 64 notice of, 63 time and place of, 63 central high school district, 60 central rural schools, to establish, 53 consolidated district, 39, 40, 41 in dissolved district, 43 duty to attend, 66 first, notice of, 63 joint district, special meeting lo act regarding dissolution, 38 neighborhood meetings, 49 notice, effect on proceedings if due notice not given, 68 penalty for failure to serve, 66 school-houses, designation of site, 144 to consider erection of, 143 sale of, 144 use for political purposes, 142 special meeting, call by school com- missioner, 66 in common school districts, 65 in union free school districts, 65 to transact business of annual meeting, 64 taxes, power to vote, 146 text-books, to designate, 211 union school districts, establish- ment, 44 dissolution and reorganization, 46 366 THE UNIVERSITY OF THE STATE OF NEW YOKK School meetings (continued) union school districts {continued) establishment, proceedings of, 45-46 voters, qualifications, 66 See also Boards of education Scliool moneys, 154-65 apportionment, certificate of, 163 certifying and paying, manner of, 162 to cities, academies, academic de- partments and libraries, 160 by Commissioner of Education, 155 conditions for cities and dis- tricts, 159 county treasurer to forward cer- tificates relating to, to Educa- tion Department, 35 by district superintendent, 42, 164 errors corrected by Commissioner of Education, 156 for industrial and trade schools, 188-89 for physical training, 216 for teachers' salaries, 155, 156, 164 to union school districts and cities, 165 wnen payable, 163 withheld for failure to comply with physiology law, 213-14 boards of education may borro-A^ 102 reports on, 106 city schools, 271 comptroller may withhold payment of, 165 custody of, 83, 86 deposit, custody and payment in cities and villages, 104 disbursements by supervisors, 110 how made, 84 of dissolved district, 48 expenditures, estimate of, 107 limitation upon, 104 vote on, to be by ballot, 70, 146 forfeiture of amount lost by neg- lect. 243 SchooJ moneys (continued) issuing order in excess of available funds, a misdemeanor, 93 liability of collector for moneys lost, 86 lost or embezzled, tax for, 69 notice of non-payment, 92 payment by trustee to successor, !J2 to unqualified teachers pro- hibited, 170 proceeds from sale of property of dissolved district, disposition, 43 supervisor's bond for, 113 report to district superintendent, 114 teachers' fund, collector to dis- burse, 85 treasurer custodian of, 83 trustees, report on, 92 right of action against predeces- sor, 92 withheld by Commissioner of Edu- cation, 34 for failure to comply with com- pulsory education law, 205 See also Bonds; Taxes School neighborhoods, 48-50 apportionment to, 156 clerk and trustee, duties, 49 meetings, 49 setting off, 48 School nurse, 174, 175 School officers, 78-82 actions against, 243 costs in, 243 expenses in defending suits, tax for, 69 acts may be appealed from, 282 contracts, not to be interested in, 344 defined, 5 election, 67, 80 oath of office, not required to take, 79 penal provisions relating to, 342- 45 ppnalties, neglect to sue for, 243 for falsely claiming to represent, 242 INDEX 3G7 School officers (continued) penalties (continued) for refusal to serve or perform duty, SO qualifications, 78 records, books, district property, 82 removal by Commissioner of Edu- cation, 34 removed from office, ineligible for one year, 78 reports required of, 35, 65 resignation, 81 district clerk to notify trustees of, 83 term of office, 79 length of, when elected at special meeting, 65 terms of, in newly created district.^, 79 trustees may not hold office of, 7S vacancies in office, 81 how filled, 81-82 See also Collector; District clerk; District treasurer; Trustees School property application of funds obtained from sale of, 48 exempt from taxation, 48 School record certificate, 200 School register, verification of, 171 S(hool savings, 173 School trustees, see Trustees School-houses, 139-47 boards of education, powers, 100 bonds, 146, 147-49 city, 260-62 city elections held in, 71, 72 condemtiation, 123, 142 custody by trustees, 88 erection, 139, 142 exempt from taxation, 48 exemptions from tax for build iiv.r, 129 fire escapes, 140 fuel, 68, 101 furniture, 68, 100, 101, 123 hire, purchase etc., 68, 88, 101 insurance, 69, 88, 101 location, 139 outbuildings, 102, 143 School-houses [continued) plans and specifications of new buildings must be approved by Commissioner, 139 property not subject to taxation, 48 title vested in board of educa- tion, 101 repairs, 68, 90, 100, 123 sale of, 101, 144 school district meetings held in, 64 site, bonds for purchase of, 147- IS change of, 144 condemnation of land for, 145 designation, 68, 144 designation without vote, 144 purchase, 88, 100 sale of, 101, 144 taxes and bonds, 146 title to lands, vesting in boards of education, 146 when owner's consent necessary, 145 taxes, 68, 140, 143, 146 temporary or branch, establish- ment, 90 use, for examinations and insti- tutes, 140 out vjf school hours, 141 ventilation, 140 waterdosets, 102, 143 See also Taxes Scientific associations, inco^ooration, 13 Scientific collections made by museum staflf, 12 Seal of Regents and Commissioner,' 6 care of, 31 Secondary education, defined, 4 Sectarian schools, no state aid to, 1 Seditious or disloyal matter in text- books, 211 Seditious or treasonable acts,, teach- ers, superintendents and employees removed for, 173 Sewer systems, colleges, may con- struct, 22 Shorthand reporters, certified, 10 Sites, city schools, 200-61 Social centers, 68, SS, 89, 90, 100, Mfi, 147, 148 368 THE UNIVEBSITY OF THE STATE OF 2sEW YOllK Soldiers, state scholarships for, 27-29 Specimens, transfer to state library or museum, 326 State certificates examinations for, 169 of other states, endorsement, 170 State College for Teachers, see New York State College for Teachers State historian, 336 State library advice and instruction from offi- cers, 331 borrowers, 325 building, 7 how constituted, 325 department of University, 11 duplicate department, 325 hours of opening, 325 loans, 325, 326, 331 manuscripts and records on file, to receive, 325 receipts from sales used for, 326 reports, 326 subject to Regents, 325 transfers from state officers, 326 State medical library, 325 State museum building, 7 collections made by staff, 12 how constituted, 11 department of University, 11 Indian section, 12 report, 11 transfers to, 326 State officers may borrow from state library, 325 transfers of books etc., to state library, 326 State publications certain, in Regents charge, 325-26 extra copies, 326 on file, part of state library, 325 proceeds of sales, 326 State scholarships, 23-29 State schools of agriculture, 55, 182- 91, 287-88 State treasurer pajTTients of school moneys by, 162- 63 Bcholarships fund, duties, 26 Statuary, loans, 11 Subpoenas, district superintendent lo issue, 123 Subsidies library, 328 restrictions of, 1 Suffolk county, taxes, 126 Suits, see Actions Superintendents of schools certification of teachers by, 170 city schools, 253-55 physiology law, duties relating to, 213-14 removal of, 34 for treasonable acts or utter- ances, 173 school officer, 5 school record certificates, issue of, 200 school-houses, may request use of for examinations and institutes, 141 teachers training schools or classes, supervision, 231 in union free school districts, 103 Supervision quota, 155, 159, 164 Supervisors, 110-14 bond, for school moneys, 113 refusal to give, consequences of, 113-14 cost in actions against, 243 decisions may be appealed from, 282 district superintendents, may in- crease salary, 120 duties, 110-12 farm schools, duties relating to, 195-96 fees, 44, 114 gospel fund, apportionment, 167 gospel or school lots, report Pi- garding, 167 libraries, contract with, 327 ! property in trust for common j schools, 166 school districts, alteration proceed- ings, to sit with school com- missioner and town clerk, 3S application of proceeds of sale of property, 43 INDEX 369 Supervisors {continued) school districts (continued) sale of property of dissolved dis- trict, 43 Bohool moneys, apportionment, duties relating to, 164 reports to district superintend- ent, 114 to sue for money due from school officers, 43 transcript showing unexpended moneys for teachers' salaries, 164 supervisory districts, duties relat- ing to, 115-16 taxes, unpaid, collection of, 134 levy of, 134 treasurer to demand money of, 83 trustee, not eligible as, 78 trustees not to draw on for teach- er's wages unless record is veri- fied, 171 valuation of taxable property, 127 Supervisory districts, 115-17 disputes regarding formation to be determined by Commissioner of Education, 124 Tax election, cities, 268 Tax law, extracts from, 136-38 Tax list, 126 amendments, 130 filing with town clerk, 135 transmission to county treasurer, 134 trustee to make out, 88 Taxes, 125-38 for apparatus and text-books, 68 appeals on refusal to levy for costs in action, 244 assessment, 126 of state lands in Dannemora and Wawarsing, 135 of vacant land, 128 boards of education may levy with- out vote, 107 central high school district, 59, CO certification by trustees of col- lector's return, 134 Taxes (continued) collector, fees, 131 jurisdiction, 130 notice, 131 corporate authorities to levy, 108 costs in actions by or against school officers, 243 equalization within joint districts, 127-28 exemptions from tax for building school-house, 129 libraries, 327, 328 non-resident pupils, deducted from charges for tuition, 172 outbuildings, provision for, 143 persons working land on shares and vendees in possession liable to taxation, 129 powers of annual and special meet- ings to vote, 146 property of certain absentee own- ers, liability of, 129 to be assessed, 128-29 railroad and other companies, notice to, 131-32 payment by, 132 receipt for, 137 for record book, 69 to replace moneys lost or embez- zled, 69 school library, 69, 333 school property exempt from, 48 school-houses, 68, 140, 143, 146 sites, 68 suits for recovery of, 133 to siipph' (leiicicncies, 69 Suffolk county, 126 for teacher's salary, 89, 102, 107 payment of deficiency in, 69 to pay judgments on, 69 tenant's right to charge tax io landlord, 129 text-bocks, for purchase of, 211 trustees, expenses of, 92 unpaid, collection of, 134-35 levy by supervisors, 134 return by collector, 133, 135 valuation, ascertainment of, 127 power of trustees to determin '. 127 370 THE UNIVERSITY OF THE STATE OF >'E\V YOllK 'I'axes {continved) vote on, 70, 107, 146-47 warrant, for collection of, 129-30 filing with town clerk, 135 renewals of, 130 Tcadiers, 168-73 agencies, district superintendent not to be interested in, 121 of agriculture, mechanic arts and homemaking, 188, 189, 190 athletic, playground and social center activities, supervision, 89, 102 attendance at institutes or confer- ences, 122, 160 citizenship, 168 city schools, 256-58, 272 contract with, 171 penalty for failure to complete. 171-72 . dismissal, 172 ' employment, 89, 102, 123 examination and licensing of, 123 fire drill, to maintain, 226 fund, collector to disburse, 85 Indian schools, 155, 289, 294 for industrial and trade schools, 31, 188-89, 240 meetings, called - by district super- intendent. 122 pensions, 289-324 physical training, 215, 216 physiology and hygiene, examina- tions in, 213 primary and grammar schooh, 169 qualifications, 168 quota, 155, 157, 164 district entitled to, 158-59, LSI for school librarian, 333 record of attendance, to keep, 200 books, 170-71 verification of, 171 registers of, 31 removal, 172 for treasonable acts or utter- ances, 173 retirement fim;]. 289-324 salaries apportionment of moneys for, 155, 156, 164 Teachers {conthwed) salaries {continued) city schools, 274-81 Commissioner of Education may authorize payment in certain cases, 156 expenditures for, 107, 110 issuing orders for in excess of available funds, a misde- meanor, 93 payments of, 164 authorization by Commissioner of Education, 155-56 by trustees, 89 from district quotas, 42 not to be paid until record i^ verified, 171 payable as often as monthly, 172 time of payment in contract, 171 to unqualified teachers pro- hibited, 170 tax for, 69, 89, 102, 107 union free school districts, 279 school record certificates, issue of, 200 temporary districts, 50 trustees, relationship to, 172 See also Training classes Teachers' certificates Commissioner of Education to issue, 169 may annul, 31 district superintendent may grant, 123 endorsenent, 170 examination for, 123, 169 local authorities may issue, 170 prerequisite to employment, 168 registers of, 31 regulations governing, 169 revocation. 31, 123, 170 for failure to complete contract, 171-72 for refusal to teach physiology and hygiene, 213 temporary, 170 Tencliers' institute, 227-30 Teachers' licenses, see Teachers' cer tificatea lA'DEX 371 Technical schools, 4, 182 Telegraph companies, 132 apportioning valuation, 136 Telephone companies, 132 apportioning valuation, 136 Temporary school districts, camps, 50 Term of schools, when to begin, 160 Testimony, authority of Regents to take, 9 Text-books, 210-12 adoption, 123 boards of education or other school authorities to designate, 100, 210 changes, in, 210 containing seditious or disloyal matter, 211 district to vote tax for, 68 free, in union school districts, 211 may be rented or sold to pupils, 210 on pliysiology, 212, 213 Theological seminaries, religious in- struction in, exempt from state control, 9 Town clerk, 109-10 collector's bond, to file, 84 duties, 109 expenses, 110 fees, 44, 85 forfeiture of moneys lost by neg- lect, 243 notice of meeting to establish cen- tral rural school, 53 school districts, alteration proceed- ings, to sit with school corn- missioner and supervisor. 3S decision regarding alteration to be filed with, 37 description and number fil-d with, 37 minutes of meeting to organize union school to be filed wjt1i, 46 records of dissolved district to be deposited with, 43 tax list and warrant filed with, 135 Town law, extract from, 114 Towns libraries, 327 Towns (continued) property in trust for common scliools, 166 Trade schools, 182-91 application of moneys, 189-90 estimates and appropriations, 190 state aid for, 188-89 supervision by Commissioner cf Education, 31 Training classes, 230-31 apportionment for, 165 inspection by district superintend- ent, 122 physiology and hygiene, instruction in, 213 Transfer of libraries, 330 Transportation of pupils, see Convey- ance Traveling libraries, 331 Treasonable acts or utterances, re- moval of superintendents, teachers and employees for, 173 Treasurer see County treasurer ; Dis- trict treasurer; State treasurer Trenton, assessment of lands in, 135 Truant officer, school officer, 5 Truant schools, 203 Truants, arrest of, 202 Trustee, defined, 4 Trustees, 86-93 of academy, may dissolve academy, 15 account books, to provide, 90 actions by, against predecessor, 92 costs in, 243, 245 may be appealed from, 282 agriculture, mechanic arts and homemaking, schools of, duties relating to, 187 apparatus, expenditures for, 89-90 application of moneys from gospel funds, 168 ballot boxes, to provide, 80 boards of educati