^•1^ MII^IS V^ kiiiana LIBRARY OF THE NEW YORK STATE COLLEGE OF HOME ECONOMICS CORNELL ITHACA, UNlVERSITlf NEW YORK L6 N5S > CD U in ■ 111— X ~" ' =^o Z_ !5o K3- o Wg ^ 3 (D ^^^=2 = o^=| 2 S r.i -< ffi £. , , _^^^^_ ~i O =— 3r «< U1-_,^W C ? ^^ = 3" ■< ^1 • — — The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924013059575 A TEXT BOOK NEW YORK School Law rNCLUDlNG The Consolidated School Act, the university LAW, the Decisions of Courts, and the Rulings and decisions of state Superintendents BY THOMAS E. FINEGAN, A. M. Attorney and Counselor-at-Law Prepared for the use of Normal Schools, Training Glasses, Teachers and School Officers NEW YORK education CO., PUBLISHERS, ALBANY, N. Y. 1903 Copyright 1902, BY Thomas E. Finegan. Albany, N. Y.: Whed-Pabsons Printing Co., igo2. PREFACE In preparing this work the author has endeav- ored to arrange in systefnatic form the provisions of law relating to the public school system of the state. He has also endeavored to give as much on the historical development of the school sys- tem as might be pertinent in a work of this nature. His aim has been to express the pro- visions of law in the simplest manner possible, and to avoid all legal phraseology. He has written this after an experience of fifteen years in various fields of public school work and with an earnest desire to make it of the greatest possi- ble service to the teachers and school officers of the state. At the beginning of each chapter reference is given to the section or title of the consolidated school law on which the chapter is based. This reference governs the entire chapter unless other references are given at the end of a paragraph. The decisions of state superintendents are re- ferred to by number. These decisions are given IV NEW YORK SCHOOL LAW in full in the annual reports of the state superin- tendent. At the end of each chapter questions covering the text of the chapter will be found. These questions may help students in review work and in forming a more definite and accurate knowl- edge of the subject, THOMAS E. FINEGAN, Albany, N. Y. CONTENTS CHAPTER I Pages State Superintendent of Public Instruction 1-9 CHAPTER n School Commissioners — Commissioner Districts, 10-31 CHAPTER in Duties of Supervisors, Town Clerks, County Treasurers, District Attorneys, and County Judges in relation to school matters 32-44 CHAPTER IV Scliool Districts — Origin, Formation, Altera- tions, Dissolution, etc 45-60 CHAPTER V Meetings in Common School Districts 61-72 CHAPTER VI Common School District Officers — Trustees. . . 73-88 CHAPTER VII Common School District Officers (continued) — Trustees, Powers and Duties 89-101 VI NEW YORK SCHOOL LAW CHAPTER VIII Pages Common School District Officers (continued) — Clerk, Collector, Treasurer, Librarian 102-iij CHAPTER IX Union Free School Districts — Organization, Etc., 113-123 CHAPTER X Meetings in Union Free School Districts 124-132 CHAPTER XI Union Free School District Officers 133-148 CHAPTER XII Board of Education — Powers and Duties 149-168 CHAPTER XIII Voters at School District Meetings — Qualifica- tions, Challenges, etc 169-174 CHAPTER XIV Sites and School Buildings 175-188 CHAPTER XV Assessment and Collection of District Taxes. .. 189-207 CHAPTER XVI State School Moneys 208-227 CONTENTS vii CHAPTER XVII Pages State School Moneys (continued) — Apportion- ment by School Commissioners 228-234 CHAPTER XVIII Compulsory Education Law 235-247 CHAPTER XIX School and Public Libraries 248-253 CHAPTER XX Courses of Study, Subjects Included, Etc., Physiology and Hygiene 254-267 CHAPTER XXI Text-books, Code of Public Instruction, Arbor Day, Flag Law 268-276 CHAPTER XXII Schools for Colored Children, Orphan Schools, Indian Schools, Deaf and Dumb and Blind Institutions 277-287 CHAPTER XXIII Normal Schools 288-298 CHAPTER XXIV Teachers' Institutes, Training Classes, State Scholarships in Cornell University 299-320 viii NEW YORK SCHOOL LAW CHAPTER XXV Pages Teachers' Qualifications, Certificates, Contracts, Powers and Duties — Pupils — Rights and Privileges 321-^^0 CHAPTER XXVI University of the State of New York 361-374 CHAPTER XXVII Appeals to the State Superintendent of Public Instruction 375~384 NEW YORK SCHOOL LAW CHAPTER I ■STATE SUPERINTENDENT OF PUBLIC INSTRUCTION [See Title I] Historical Sketch. — The first State supervisory- school officer in this State was known as ' ' Super- intendent of Common Schools. ' ' The office was created by the act of June 19, 1812, entitled " An Act for the Establishment of Common Schools. ' ' This act provided for his selection by the ' ' Coun- cil of Appointment. ' ' This office was abolished April 3, 1821, and its duties were transferred by the same act to the Sec- retary of State, who served as superintendent of common schools ex officio until April 8, 1854, when the first State Superintendent of Public In- struction assumed the duties of his office. The act establishing this office was passed March 30, 1854, and is chapter 97 of the Laws of that year. The office was continued by the Consolidated School Law of 1894. It will thus be observed that the administration of public-school work has been in the hands of three State officials, as 2 NEW YORK SCHOOL LAW follows: From January 14, 1813 to April 3, 1821, the " superintendent of common schools;" from April 3, 1 82 1 to April 8, 1854, the Secretary of State, who was ex-officio " superintendent of common schools; " and from April 8, 1854 to the present time, the State Superintendent of Pub- lic Instruction. Mode of Election. — The Superintendent is elected by joint ballot of the senate and assem- bly, the votes of a majority of those present and voting being necessary to elect. Date of Election. — The election of a State Superintendent of Public Instruction must occur on the second Wednesday of February immedi- ately preceding the expiration of the term for which a superintendent has been elected. Salary. — The salary of the Superintendent is $5,000 a year, and is payable monthly by the State Treasurer on the warrant of the Comptroller. Vacancy. — If a vacancy occurs in the office of superintendent, the duties of such officer devolve upon the deputy superintendent. If the office of superintendent and that of deputy superintendent are each vacant, it is the duty of the Governor to appoint some person to perform the duties of superintendent until such officer shall be elected by the legislature as provided by law. SUPERINTENDENT OF PUBLIC INSTRUCTION 3 The law provides that when a vacancy occurs in the office of superintendent the legislature shall elect a superintendent on the second Wed- nesday in February following the date on which such vacancy occurred. It also provides that the term of office of a superintendent shall begin on the 7th day of April. A deputy superintendent, therefore, who succeeds to the office of State superintendent, or a person appointed to such office by the Governor, may serve in such capacity until the 7th day of April following the second Wednesday in February which occurs next after the date on which such vacancy took place. Eligibility. — To be eligible to the office of State Superintendent of Public Instruction a person must be at least twenty-one years of age, a citi- zen of the United States, and a resident of New York State. (See Sec. 3, Public Officers Law.) Powers and Duties. — The powers and duties of the State Superintendent of Public Instruction are so numerous that it is not practicable to con- sider them, except in a general way. For the specific duties of the superintendent in relation to any branch of work the chapter on such work should be consulted. The duties of a superin- tendent are executive and judical. His more important powers and duties are as follows ; 4 NEW YORK SCHOOL LAW General Supervision. — He has general supervi- sion over all the public schools, normal schools, teachers' institutes, and teachers' training classes in the State. Indian Education — • He is charged with the duty of providing for the education of the Indian children in the State, and is directed to apportion an equitable amount of public money to Indian schools. Deaf and Dumb and Blind Institutions. — He also has supervision over all institutions in the State for the instruction of the deaf and dumb and blind, and is required to report annually to the State legislature in relation thereto. He also appoints State pupils qualified under the law to all these institutions excepting the Institution for the Blind in Batavia. Trustee, etc. — He is ex officio a trustee of Cor- nell University, and upon the results of competi- tive examinations appoints annually 150 State scholars to that institution, who are entitled to free tuition. He is also a trustee of the New York State Asylum for Idiots and of the Syra- cuse Institution for Feeble Minded Children. American Museum of Natural History. — He is also authorized to contract with the American Museum of Natural History of New York city for SUPERINTENDENT OF PUBLIC INSTRUCTION 5 free lectures for the teachers of the State in teachers' institutes, normal schools, etc. Regent. — He is ex officio a Regent of the Uni- versity of the State of New York. Appoint Persons to Visit Schools. — He may ap- point persons to visit and examine any or all common schools in the county in which such per- sons reside, although this is a power seldom, if ever, exercised. School Commissioners now perform this work. Visitation of Schools. — He may also visit the public schools of the State and inquire into their course of instruction, their management, disci- pline, etc., and offer such suggestions and en- couragement to pupils, teachers, and school officers as he may deem advisable. Annual Reports. — He is to report annually to the State legislature " the condition of the common schools in the State and of all other schools and institutions under his supervision and subject to his visitation," and to include in such report those recommendations upon school work, which, in his opinion, will promote the advancement of the public-school system. Supervision of Examination and Certification of Teachers. — He is to prescribe the regulations un- der which commissioners may issue teachers' cer- 6 NEW YORK SCHOOL LAW tificates; to issue life State certificates to those who have passed the examination required by- law; to issue college graduates' certificates to those who meet the requirements for such certi- ficates ; to endorse under such regulations as he may adopt State certificates and normal-school diplomas issued in other States; and to issue temporary licenses for a period not to exceed six months for any school commissioner district or any school district in the State. Revocation of Certificates. — For sufficient cause, he may revoke any State normal-school diploma. State certificate, college-graduates' certificate, or school commissioners' certificate, issued in this State. He may also revoke the indorsement of any normal-school diploma or State certificate issued in another State, but endorsed by a super- intendent of this State. Prepare List of Normal Graduates. — He is re- quired under law to keep in his office an alpha- betical list of all persons who receive normal- school diplomas from the normal schools of the State. Remove School Officers. — He may, for valid reasons, remove from office any school commis- sioner, trustee, or other school officer. He may also withhold the salary of a school commissioner, SUPERINTENDENT OF PUBLIC INSTRUCTION / and may remit it at his pleasure. He may appoint a school commissioner in case of a vacancy in that office when there is no county judge in the county in which such vacancy exists to make the ap- pointment. Administer Affidavits. — He may take affidavits and administer oaths in any matter relative to school affairs. Prepare Registers, Blanks, etc. — He is charged with the duty of preparing such registers, blanks, forms, regulations, etc., as may be needed in transacting all business relating to the public- school system. Enforcement of Compulsory Education Law. — He is also charged with the duty of enforcing the provisions of the compulsory-attendance act. Arbor Day. — He has authority to provide for the proper observance of Arbor Day and Flag Day by the public schools of the State. Apportionment of School Moneys. — He must ap- portion as directed by law the State school mon- eys, and may withhold for just cause part or all of the money due any school district in the State. Decide Appeals. — He must hear and decide all cases of appeal, when properly brought before him by aggrieved parties, from the action of school officers or school meetings. 8 NEW YORK SCHOOL LAW Issue Stays, Orders, etc. — He may, upon applica- tion in due form, issue an order restraining school officers from performing any of the duties con- ferred upon them. He may also issue orders directing school officers to perform any of their duties which they may have refused to perform. School Libraries — He has general supervision of all the school district libraries in the State, and approves the books which are purchased with public money to be placed in such libraries. He also apportions library money to school districts as directed by law. Hold Property in Trust. — He may hold in trust for the benefit of the common schools of the State, or for the schools of any portion of the State, real or personal estate which may be granted in any manner for such purpose. He also has supervision of any trust fund held by trustees for school purposes, and must re- quire them to report regarding its condition and income at such times and in such form as he deems advisable. (Title 2, article 3.) Normal Schools. — He appoints local boards of normal schools, appoints pupils to such schools and determines the requirements for admission. He determines the number of teachers to be em- ployed in such schools, and approves their ap- pointment and the amount of their salary. SUPERINTENDENT OF PUBLIC INSTRUCTION 9 May Appoint Teachers and Open Schools in a City or School District. — When the local authorities of any city or school district neglect or refuse to appoint teachers, janitors, etc., and also neg- lect or refuse to open the schools of a city or school district the State Superintendent of Pub- lic Instruction may appoint such teachers;, jani- tors, etc., and open and manage such schools. October 4, 1897, State Superintendent Skinner exercised this power in the city of Watervliet and his action was sustained by the supreme court. (For a full discussion of this power see pages II 8- 1 25, vol. i, Annual Report of State Superintendent of Public Instruction for 1897.) REVIEW QUESTIONS What was the title of the office of the first State supervisory school officer ? When was the office created ? How was such officer chosen ? When was the office abolished ? To whom were the duties of the office then transferred ? For what period did such officer act in this capacity ? When did the first State Super- intendent of Public Instruction assume the duties of his office? How is such officer elected? When? What is the salary of the State Superintendent? When and how paid? If a vacancy occurs in the office, who performs the duties ? If the offices of superintendent and deputy are both vacant, what action is taken ? When a deputy succeeds to the office of State Superin- tendent or the Governor appoints some person to fill a vacancy, for what period does such person serve ? Who are eligible to the office? What is the two-fold character of the duties of the State Superintendent? What are his general duties? What is his duty in relation to Indian schools? Deaf and dumb and blind institutions? Cornell University ? American Museum of Natural History? State University? Visitations of schools, etc.? Annual reports? Examination and licensing of teachers? Re- voking certificates ? Lists of normal school graduates ? Re- moving school officers? Administering affidavits? Preparing registers, blanks, etc.? Enforcing the compulsory attendance law? Arbor day? Apportionment of school moneys? Appeals, stays, orders, etc.? School libraries? Holding property in trust? Normal school boards? When may the State Superin- tendent appoint a school commissioner? Under what con- ditions may State Superintendent appoint teachers, etc. CHAPTER II SCHOOL COMMISSIONERS — COMMISSIONER DIS- TRICTS [See Title V] Origin. — The office of school commissioner was created by chapter 179 of the Laws of 1856. Under the terms of this act the first persons chosen for this office were appointed by the boards of supervisors of each county. In 1 841 the office of Deputy Superintendent of Common Schools was created by the State legis- lature. Each county was entitled to one deputy, and counties having more than 200 schools were entitled to two deputies. These officers were appointed by boards of supervisors for their re- spective counties, and the term of office was two years. Their duties were to visit and inspect the schools under their jurisdiction, and to ex- amine and license the teachers employed therein. In 1843 the title of these officers was changed to County Superintendent of Common Schools, and increased powers were given them. The right to hear appeals was given to county super- intendents in that year, and all appeals were brought before these officers for determination SCHOOL COMMISSIONER II before they could be taken to the State Superin- tendent of Common Schools. These officials were entitled to two dollars per day for each day necessarily devoted to their work, but they could not receive an amount to exceed five hundred dollars per year. In 1847 the State legisla- ture abolished this office. The act of 1795 creating the school system of the State provided that the electors of each town should elect at their annual town meetings, from three to seven commissioners of schools. These officers had supervision of the schools under their jurisdiction, and the distribution of State money appropriated for the support of schools. During the first year after the passage of this act, the supervisor, the town clerk, and the assessors of each town performed the duties of commissioners of schools. These commissioners received no compensation for their services. In 1 8 1 2 the number of town commissioners was fixed at three for each town by the State legis- lature. These officers were to be chosen as before by the people at annual town meetings, and were to receive a salary fixed by the people at the annual town meetings. To them were given the superintendence and management of schools, and they were authorized to divide 12 NEW YORK SCHOOL LAW the towns into school districts. The same act provided that the people should select at the annual town meeting, a number of persons, not to exceed six, who, with the commis- sioners, should be inspectors, and these inspectors were required to inspect schools and to examine and license teachers. This plan continued until 1 841, when the number of town inspectors was fixed at two. In 1843 the offices of town commissioners and town inspectors were abolished by the State legislature, and a new officer known as the Town Superintendent of Common Schools was created. These superintendents were elected by the people at the annual town meetings. Their term of office was one year, and they received a salary of one dollar and twenty-five cents per day for actual time necessarily devoted to their work. To these officers were given the general supervision of schools, and the other duties which had been exercised by town commissioners and inspectors. Upon the abolishment of county superintendents in 1847, the duties of town superintendents were largely increased, and the duties of these officers from that year until 1856 were quite similar to the duties at present de- volving upon school commissioners. Upon the SCHOOL COMMISSIONER 1 3 creation of the office of school commissioner in 1856, the office of town superintendent was abolished. Eligibility. —No standard of educational quali- fications has ever been required for the office of school commissioner: The only requirement for a person to be eligible to hold this office is that such person must be a citizen of the United States, at least twenty-one years of age, and a resident of the county in which the school com- missioner district is located. * In a county having two or more school com- missioner districts the school commissioners of such districts need not reside in the school com- missioner districts for which they are respectively chosen, but may reside in any part of the county and all might reside in the same school commis- sioner district. Eligibility of Women.— ^Chapter 9 of the Laws of 1880 renders women eligible to this office. The * Section 3 of the " Public Officers Law " of 1892 provides tiiat all public officers must be residents of the political divisions for which they are elected; but as the Consolidated School Law was enacted in 1894 and makes special provision relative to the resi- dence of school commissioners and as such law was enacted sub- sequent to the " Public Officers Law," it must be held that the provisions of the Consolidated School Law in relation to the resi- dence of a school commissioner takes precedence over the provi- sions of the "Public Officers Law" in relation to the residence of public officers, and that a school commissioner may, therefore, reside in any part of the county in which the school commissioner district is located. 14 NEW YORK SCHOOL LAW Revised Consolidated School Law of 1894 con- tains this provision of the act of 1880. Women are therefore eligible to hold the office. Prohibitions.— No school commissioner is eli- gible to hold the office of supervisor or town clerk, or trustee of a school district ; nor can any commissioner be engaged in publishing school books, maps, or charts, or in the manufacture or sale of such books, maps, or charts, or of any school apparatus or school furniture ; and a com- missioner is debarred from acting as the agent or representative of a publisher, manufacturer, or dealer in any of the aforesaid articles. A viola- tion of this provision is a misdemeanor. A com- missioner is also subject to removal from office. The State Superintendent has held that it is in- compatible with the duties of a commissioner for such officer to engage in teaching while holding such office. Election. — The consolidated school law pro- vides that each school commissioner shall be elected by the electors of the school commissioner district for which such commissioner is chosen. Two important questions arise under this heading: 1. Are the electors of cities entitled to vote for school commissioners ? 2. Are women entitled to vote for school com- missioners ? SCHOOL COMMISSIONER 1 5 (i) It is often claimed that the electors of a city which is contiguous to or surrounded by the ter- ritory of a school-commissioner district are en- titled to vote for the school commissioner in such district. This is not the case. The Revised Con- solidated School Law of 1 894 provides that no city shall form a part of any school commissioner dis- trict, and it also provides, as above stated, that a school commissioner shall be elected by the electors of the school commissioner district for which such commissioner is chosen. It is, therefore, clear that the electors of cities are not entitled to par- ticipate in the election of these officers. This is in conformity to the general law of the State; but there are two exceptions to this law. Special acts have been enacted by the State legislature conferring upon the electors of the cities of Johnstown and Gloversville the right to vote for school commissioner in the county of Fulton. (2) A school commissioner is an officer chosen at a general election in this State, and the State Constitution provides that the right of suffrage at these elections shall be restricted to male citizens. The Court of Appeals of this State decided that a law to give women the right to vote for this office was unconstitutional. In 1892 the State legislature enacted a law l6 NEW YORK SCHOOL LAW extending the right of suffrage to women in the election of school commissioners. This act pro- vided that persons entitled to vote for school commissioners should be registered as provided by law, in the same manner as those who were entitled to vote for county officers. A test case on the constitutionalty of this law arose in Onondaga county. Acting under the authority of this law, Mrs. Matilda J. Gage regis- tered in the third election district in the town of Manlius, October 23d, 1893. The board of in- spectors were requested to remove her name from the registry, but refused to do so. An ap- plication was then made to a justice of the Su- preme Court for an order to strike her name from the registry on the sole ground that she was not a qualified voter, by reason of her sex. The application was granted upon the ground that the law conferring upon women the right to vote for school commissioners was unconstitu- tional. The inspectors obeyed the order of the court, and the name of Mrs. Gage was stricken from the registry. An appeal was then taken by Mrs Gage to the General Term of the Fourth Judicial Department, which affirmed the action of the lower court in issuing such order. An appeal was then taken by Mrs. Gage from the SCHOOL COMMISSIONER \'J action of the General Term to the Court of Ap- peals, and on January i6th, 1894, the Court of Appeals affirmed the action of the lower courts. The opinion of this court was written by Justice Finch and concurred in by all members of the court. The ground on which the court based its decision was that section i, article 2 of the State Constitution provides that none but male citizens are entitled to vote for constitutional officers elected by the people ; that the office of school commissioner is a constitutional office, and that the law in question conferring upon women the right to vote for school commissioner was a direct contravention of the State Constitution. It will, therefore, be necessary to amend the Constitution in order to give women the right to vote for the office of School Commissioner. (See 141 N. Y. 112.) Term of Office. — The term of office of school commissioners commences on the first day of January next succeeding their election, and is for three years. The last election of commissioners occurred at the general election in November, 1899, and those elected at that time assumed their duties of office on January i, 1900. Oath of Office. — All persons elected or ap- pointed to this office are required to take the oath 1 8 NEW YORK SCHOOL LAW of office prescribed by the State Constitution. This oath must be taken before the county clerk or any person authorized to take, within the State, the acknowledgment of a deed of real property, and it miist be filed in the office of the county clerk of the county within which the school com- missioner district is located, before the com- mencement of a commissioner's term of office, or within fifteen days thereafter. For a failure to take and file this oath the office shall be deemed vacant. (Sec. 20 Public Officers Law.) Vacancies. — This office may be vacated (i) by the commissioner's filing his or her resignation with the county clerk ; (2) by the commissioner's removing from the county, or upon the commis- sioner's death ; (3) by the commissioner s accept- ing the office of supervisor or town clerk or trustee of a school district ; (4) by the commis- sioner's failure to file with the county clerk the required oath of office ; (5) by the commissioner's removal from office by the State Superintendent of Public Intsruction. Filling Vacancy. — As soon as the county clerk has official or other notice of a vacancy in this office he should notify the county judge of such vacancy, or if that office is vacant, he should notify the State Superintendent of Public In- SCHOOL COMMISSIONER 19 struction. The county judge should then appoint a commissioner to fill such vacancy ; but if there should be no county judge, then the State Super- intendent of Public Instruction should fill such vacancy by appointment. The person appointed to such vacancy may hold ofiice until the first day of January next succeeding the first general elec- tion occurring after such appointment and until his successor, who shall be chosen at such election, shall have qualified. The person thus elected may serve for the unexpired portion of the term for which the person was chosen who vacated the ofiice. If a person elected to the ofiice of school com- missioner dies between the date of the election on which he was elected and the first day of January following, the date provided by law on which school commissioners shall enter upon the discharge of the duties of their ofiice, and such person failed to take the required oath of office before his or her death, the vacancy caused thereby may, after the time precribed by law on which an oath of office must be filed, be filled by appointment by the county judge of the county in which the school commissioner district for which such person was elected is located. In a case of this kind under the provisions of 20 NEW YORK SCHOOL LAW section 4 of article i of "The Election Law of 1 896, ' ' the governor may appoint a special elec- tion in a commissioner district for the election of a school commissioner. The governor need not, however, exercise this power. If he does not, the expense and trouble of a special election are avoided, and a vacancy is permitted to occur " by failure to file the required oath of office." In such a case the county judge may fill the vacancy by appointment. Under the provisions of the "Election Law" above referred to, when a person elected to the office of school commissioner dies or becomes disqualified between the date of the election on which he was chosen and the first day of Janu- ary following, and such person had taken the re- quired oath of office previous to his or her death, the only way by which such vacancy can be filled is by special election. This special election must be appointed by the governor as required bylaw. (See section 4, article i. The Election Law of 1896.) Salary. — Each commissioner receives from the State an annual salary of $1,000. Boards of su- pervisors are directed by law to audit and allow each commissioner within the county annually not less than $200 for expenses. This makes SCHOOL COMMISSIONER 21 the salary of every commissioner in the State at least $1,200 per year. The supervisors of the towns forming a com- missioner district have the power to increase the salary of any commissioner within their respec- tive counties. Where the salary is thus increased, such increase must be levied and assessed upon the towns comprising the school commissioner district for which the increased salary is voted. This action has been taken in several counties and the salary fixed at $1,400, $1,500 and $1,800. The writer knows of no larger amount's being paid. In a large majority of the districts the amount fixed by statute, $1,200, is the salary. The salary paid since the creation of this ofiice has been as follows: From 1856 to 1867, $500; from 1867 to 1885, $800; from 1885 to the present time (1902) $1,000. Boards of supervisors were directed in 1875 to appropriate $200 for expenses, and this amount has, since that date, been added to the amount stated above. Forfeiture of Salary. — The State Superintend- ent of Public Instruction may withhold his order for the payment of the whole or any part of the salary of a commissioner when he is satisfied that such commissioner is guilty of persistent neglect of duty to the extent of demanding such 22 NEW YORK SCHOOL LAW punishment. The superintendent may, at his discretion, afterward remit to such commissioner the whole or part of such forfeiture. Removal from Office.— The State Superintend- ent of Public Instruction may remove from office any school commissioner who is guilty of wilful violation of law or neglect of duty or who wil- fully disobeys any order, decision, or regulation made by him. (See Prohibitions, page 14.) Performing Duties of Another Commissioner. — A commissioner, when requested in writing by a commissioner of an adjoining district, may per- form any of the official duties of the commis- sioner of such adjoining district. Upon an order from the State Superintendent of Public Instruc- tion, he must perform such duties. Powers and Duties. — A school commissioner is the supervisory school officer for his or her school commissioner district. (For the specific duties of a school commissioner in relation to any branch of school work, consult the chapter on such sub- ject.) The more important powers and duties of this officer are as follows : Supervision. — One of the most important du- ties of a commissioner is that of supervision. He is required by law to visit and examine all the schools and school districts in his jurisdiction. SCHOOL COMMISSIONER 23 It is his duty to advise teachers in relation to their methods of teaching and the management and discipline of their schools. He is charged with recommending to teachers and trustees courses of study and such changes in the general management of schools as will best promote edu- cational interests. He should see that the grounds and outbuildings are in proper condition, and that the school is equipped as required by law to per- form the best work possible. Establish District Boundaries. — When the records of school districts are defective and not properly filed in the offices of town clerks, or when the boundaries of school districts are indefinite or in dispute, it is the duty of the school commissioner having jurisdiction, to establish such boundaries and to see that proper records thereof are filed in the town clerk's office. In order to do this, a commissioner may employ surveyors to establish lines, prepare maps, etc. , and any expense neces- sary for this purpose is a charge upon the dis- trict or districts affected. May Order Repairs. — When, in the opinion of a commissioner, it is necessary for the health or comfort of pupils to make repairs or alterations on a school-house or outbuildings, he may direct the trustees of the district to make such repairs 24 NEW YORK SCHOOL LAW or alterations at an expense not to exceed $200. The district, however, may vote an additional amount. May Order Furniture Supplied. — When, in the opinion of a commissioner, the furniture in a school-room is unfit for use and not worth repair- ing, or when the supply is insufficient, he may direct the trustees of such district to provide new furniture at an expense not to exceed $100. Order Nuisance Abated. — A commissioner may also direct the trustees of any school district to abate any nuisance in or upon the premises of their district when the expense of the same shall not exceed $25. May Condemn School Building. — A commissioner has the authority, when in his opinion a school- house is unfit for use and not worth repairing, to issue an order to the trustees condemning such school building, and to direct in such order the amount necessary, in his judgment, to erect a building suitable for the needs of the district. Previous to 1897 a commissioner could not exceed $800 in his estimate of the amount necessary for the erection of a building. The legislature of that year amended the law by removing this limit and leaving the amount to the discretion of the commissioner. SCHOOL COMMISSIONER 2$ Examine and License Teachers. — It is the duty of commissioners to conduct examinations for teachers' certificates, under such rules and regu- lations as shall be prescribed by the State Super- intendent of Public Instruction, and to license those who are found to be qualified under such regulations. Revocation of Certificates. — A school commis- sioner may annul a commissioner's certificate, normal school diploma, State certificate, or col- lege-graduate's certificate, for immoral conduct on the part of the holder of such certificate. Since the passage of the Revised Consolidated School Law of 1 894 a commissioner has not had authority to revoke a certificate upon any other ground than that of immoral conduct. Administer Oaths, Etc. — A school commissioner may administer oaths or take affidavits in all mat- ters relating to school work, but without charge or fee. Take Testimony in Appeals. — When directed by the State Superintendent of Public Instruction, a commissioner must take and report to him testi- mony in any appeal case. A commissioner has the authority to issue subpoenas and compel the attendance of witnesses. A failure to obey such subpoena subjects the offender to a fine of $25. 26 NEW YORK SCHOOL LAW Reports. — A commissioner is required by law to obtain reports from the trustees of all school districts within his jurisdiction and to file an abstract of such reports annually with the State Superintendent. He is also required to submit reports from time to time to the State Superintendent, giving such information relative to the schools in his district and such suggestions upon the educational work of the State as the superintendent shall request. Subject to Regulations of State Superintendent. — A commissioner is subject to such rules and regu- lations as the State Superintendent of Public In- struction shall from time to time adopt. Appeals from a commissioner's acts and decisions may be taken to the State Superintendent. Call School meetings. — A commissioner may, in certain cases, call annual and special school meetings, and must call the first school meeting in a new school district. (See chapter on "school meetings.") Rooms for Examinations. — School commission- ers can require the trustees or boards of educa- tion of any school district to furnish them with a suitable room or rooms in school buildings for" the purpose of holding any examination ap- pointed under the direction of the State Super- intendent of Public Instruction. SCHOOL COMMISSIONER 27 Divide Territory into School Districts. — It is the duty of school commissioners to make such di- vision of the territory of their respective districts as they think will serve the best interests of the school system. They have the authority, also, to alter or dissolve school districts as provided by law. May Appoint Trustee. — - A school commissioner may fill a vacancy in the office of trustee by ap- pointment, when such vacancy has existed for one month or more and the school district has failed to fill such vacancy by election at a district meeting. Arrange for Teachers'' Institute. — A school com- missioner shall, under the regulations of the State Department of Public Instruction, arrange once each year for a teachers' institute in his commis- sioner district. Recommend Appointment of Normal School Pu- pils. — He has the power to recommend to the State Superintendent for appointment as pupils in the State normal schools such persons as are qualified and as, in his judgment, would be- come successful teachers by receiving a normal school training. Apportion School Money. — He is required to ap- portion the State school moneys to the various 28 NEW YORK SCHOOL LAW school districts under his supervision as directed by law. Approve Plans of School Building. — The au- thorities of all school districts must submit to the commissioner having jurisdiction, for his ap- proval, the plans of all school buildings to be erected, showing the method of heating, ventilat- ing, and lighting. SCHOOL COMMISSIONER DISTRICTS [See Section 2 of Title V] Organization. — School-commissioner districts were first created by chapter 179 of the Laws of 1856. Under this act these districts generally corresponded with assembly districts, and the ■power to divide counties, in certain cases, was conferred upon the boards of supervisors of such counties. The power to alter, abolish, or create school commissioner districts since the passage of the act which established them has, part of the time, rested solely with the State legislature, and part of the time this authority has come within the power of boards of supervisors. From 1856 until 1863 boards of supervisors, in certain cases, possessed this power. In 1 863 this power was taken from boards of supervisors, and from that date until 1881 it was vested solely in the COMMISSIONER DISTRICT 29 State legislature. In 1881 the legislature re- stored this power to boards of supervisors under certain conditions, and they have possessed it from that date to the present time. As the State Constitution does not provide for school commissioner districts, these districts are entirely under the control of the State legislature, which may alter or abolish them or which may provide in what manner they shall be altered or abolished. The Revised Consolidated School Law of 1894 provides that any school commissioner district containing more than 100 school districts may be divided by the board of supervisors of the county within which such school-commissioner district is located and that an additional school-commis- sioner district may thus be created. Prohibitions. — Under the ' ' revised consolidated school law of 1894," no city can be included in or form a part of any school-commissioner dis- trict. Number of Districts. — At present there are one hundred and thirteen school-commissioner districts in the State. REVIEW QUESTIONS When was the office of school commissioner created ? How were the first persons who served in this office chosen ? When was the office of deputy superintendent 30 NEW YORK SCHOOL LAW of common schools created ? How many deputies did each county have ? How were they appointed ? What were their duties ? What change was made in the title of this office in 1843 ? What provision was made by the act of 1843 in relation to appeals? What compensation was paid these officers ? When was this office abolished. What provision did the act of 1795 contain relative to the election of commissioners ? What were the duties of these officers ? Who performed the duties of these officers during the first year after the passage of this act ? Whai compensation did commissioners receive ? What chang.e did the act of 1812 make in relation to the number of these commissioners? What compensation was provided ? How fixed? What new office did this act of 181 2 create? What was the duty of these inspectors ? What change was made in the number of inspectors in 1841 ? When was the offices of commissioners and inspectors abolished? What new offices were created in this year? How were these officials chosen ? For what period ? What salary was paid them ? What were their duties? Describe their duties between 1847 and 1856? When wpre these offices abolished? Why? Who are eligible to the office of school commissioner? Must a commissioner be a resident of the district for which he is elected ? Are women eligible to this office ? How long has this been the law? What offices are school commissioners prohibited from holding? What would be the effect if a commissioner should accept any such office? In what business are commis- sioners prohibited from being interested or engaged? May a commissioner act as teacher? Are electors of cities quali- fied to vote for commissioners? Why? What exceptions are there to the law ? Have women a legal right to vote for school commissioners? Why not? Give history of law of 1892 and a test case which arose under such law ? When does the term of office of a commissioner begin ? What is the length of the term of office ? What oath must a commissioner take ? Before whom ? Where must it be filed ? What is the penalty for a failure to take such oath ? Name five ways by which the office maybe vacated. Upon receiving notice of a vacancy, or hearing of one, what should a county clerk do? Who fills such vacancy by appointment? For how long is the appointment to such vacancy valid? For how long does the person elected at the next election, after a vacancy occurs, serve ? What is the salary of a school commissioner? How much is paid by the State ? In what manner is the remainder paid? How may the salary be in- COMMISSIONER DISTRICT 3 1 creased ? When the salary of a commissioner is increased, upon the property of what territory is such increase as- sessed ? what was the salary from 1856 to 1867? From 1867 to 1885? Since 1885? When were boards of super- visors directed to appropriate $200 to each commissioner for expenses ? How may the salary of a commissioner or any part of it be withheld ? When should such salary af- terward be paid? Who may remove a commissioner from office? Upon what ground ? When may a commissioner perform official duties for the commissioner of an adjoining district When must a commissioner perform such duties? What are the duties of a commissioner in relation to supervis ion ? In establishing boundaries ? Whom may he em- ploy for this purpose ? To whom is such expense charge- able ? When may a commissioner order repairs on build- ing? To what amount? When may he order furniture purchased? To what amount ? When may he order nui- sances abated? When may he condemn a school-house? What amount may he direct to be expended to erect a building in the place of the one condemned ? What change was made by the legislature of 1897 in relation to the amount a commissioner could direct to be expended ? What is his duty in relation to examination and licensing of teachers? What certificates may a commissioner re- voke? Upon what ground? May he revoke a cer- tificate upon any other grouud? What oaths or affi- davits may he administer? Is he entitled to fees for such service? When may he take testimony in appeal cases be- fore the State department ? What special authority has he in such cases? What reports is he required to obtain? What reports must he make ? To what regulations is he subject. To whom may appeals from hi^ acts and decisions be taken ? What school meetings may he sometimes call ? What accommodations can he re- quire for examinations ? What power has he to divide the territory of his district ? When may he appoint a trustee ? What is his duty in relation to teachers' institutes ? In re- lation to normal school pupils? State moneys? Plans for school buildings ? When were school commissioner districts created? Give history of the power to alter or abolish school commis- sioner districts. Who has that authority now? What school commissioner districts may be divided ? Are cities included in school commissioner districts? How many school commissioner districts are there in the State ? CHAPTER III DUTIES OF SUPERVISORS, TOWN CLERKS, COUNTY TREASURERS, DISTRICT ATTORNEYS, AND COUNTY JUDGES, IN RELATION TO SCHOOL MATTERS SUPERVISORS [See Title III] Trustees of Gospel and School Lands. — Super- visors are made the trustees of gospel and school lands. Annual Return of School Money.— Each super- visor must make a return in writing- on the first Tuesday of March in each year to the county treasurer, showing the amount of money in his hands either for teachers' salaries or library pur- poses, and the districts to which such money be- longs. After such date he should not pay out any of such money until he receives the next certifi- cate of apportionment from the school commis- sioner. Disbursement of School Moneys. — It is the duty of supervisors to pay upon the order of the trustees of a district, or a majority of them, anv money in his hands belonging to such district and applicable to the payment of teachers' salaries, or for tuition and transportation of pu- pils. The order upon the supervisor must show DUTIES OF SUPERVISORS 33 that the person to whom such money is payable ■was a duly qualified teacher, and must also show the dates between which such teacher was em- ployed. Payment to Collector or Treasurer. — When- ever the collector or treasurer of a district shall present to a supervisor a copy of the bond which such collector or treasurer has executed, certified by the trustees, the supervisor shall pay to such collector or treasurer all the moneys in his hands due such district that may be ap- plied upon the payment of the salaries of teachers. Payment of Library Moneys. — A supervisor must pay the library money due a district upon the written order of the trustees of the district or a majority of them. He is not authorized to pay library money in any other way. Payment of Moneys Due to Union Free School Districts. — A supervisor, upon the order of a board of education of a union free school district, should pay to the treasurer of such district all moneys due it for salaries of teachers or library purposes. Accounts of Receipts and Disbursements. — A supervisor should keep a correct account of all moneys received and disbursed by him, and should make a report thereof, with proper vouch- ers, to the town board at its annual meeting. 34 NEW YORK SCHOOL LAW Record of Receipts and Disbursements. — A supervisor is authorized by law to purchase, at the expense of the town, a blank-book in which he shall make a record of school moneys received or paid out, stating from whom and for what pur- poses they were received, and to whom and for what purposes they were paid. This record should be delivered to his successor in ofi&ce. Filing Statement of Accounts. — Within fifteen days after the term of office of a supervisor ex- pires he should make a correct statement of the school moneys received and disbursed by him, and should file such statement or report in the town clerk's office, and should notify his successor in office that he has made and filed such report. To Obtain Funds from Predecessors. — When a supervisor has given the bond required by law to the county treasurer, he should take a certifi- cate or statement from the county treasurer showing that such bond has been given. He should also obtain from the town clerk a copy of his predecessor's report. He should then pre- sent to his predecessor in office such copy and the certificate of the county treasurer showing that he has executed the required bond, and should demand all school moneys in the hands of such predecessor in office, which money should be paid upon such demand. DUTIES OF SUPERVISORS 35 Recovery of Penalties and Forfeiture. — It is the duty of the supervisor, when such duty is not imposed upon other officers by provisions of law, to sue for and recover all penalties and forfeit- ures provided for by the consolidated school law. After deducting his expenses he should report the balance to the school commissioner. Formation and Alteration of School Districts. — When requested to do so, a supervisor may act as a member of the local board to consider the wisdom of forming new school districts or chang- ing the boundaries of districts already formed. He cannot act in this capacity unless properly requested, and cannot be compelled to act when requested. In such matters he may act at his own discretion. For this service supervisors are entitled to $1.50 per day, which is a charge upon their re- spective towns. Fix Valuation of Property. — The supervisors of the towns in which a school district is located shall, when properly requested to do so, deter- mine whether the assessments made upon certain property in such towns are equitable when compared with each other. If in any case they find that the assessments are not equi- table they may determine the relative propor- tion of taxes that ought to be assessed, and if they are unable to agree upon this, they 36 NEW YORK SCHOOL LAW may call a supervisor from an adjoining town, and a majority shall have power to determine such proportion. For this service supervisors are entitled to three dollars per day, which shall be a charge upon their respective towns. (See chapter on " Taxes.") TOWN CLERKS [See Title IV] Preserve Records. — It is the duty of a town clerk to preserve carefully all books, papers, and records deposited or filed in his office and re- lating to the schools of the town of which he is clerk. Any loss or injury to such documents should be reported immediately to the super- visor of the town. Record of Apportionment. — Each supervisor deposits with the town clerk the certificate of apportionment for his town, which certificate he should record in a book provided for that pur- pose. He should also immediately notify trus- tees that the supervisor has filed such certificate. Obtain Reports of Trustees. — It is the duty of the town clerk to see that all trustees within his town file in his office an annual report as re- quired by law. Such reports are to be delivered by the town clerk to the school commissioner upon his demand. DUTIES OF TOWN CLERKS 37 Report List of Officers to School Commis- sioner. — It is also the duty of a town clerk to report to the school commissioner a list of officers and their post-office addresses for each school dis- trict in his town as such lists are provided him by school district clerks. Distribution of Documents.— It is the duty of the town clerk to distribute to the trustees of the school districts in his town all books, blanks, or circulars forwarded to him by the State Superin- tendent or the school commissioner for such dis- tribution. The documents wliich a town clerk is usually requested to deliver are the annual reports of the State Superintendent, the school registers, blank reports for trustees, and Arbor Day programmes. He should also deliver any other document placed in his hands by the school commissioner for that purpose. Record of Annual Accounts. — He should re- cord the annual account of receipts and disburse- ments of school moneys made to him by the su- pervisor and should also record the action taken by the town auditors on such account and on the vouchers accompanying it. When the State Su- perintendent requires it, he should furnish him a copy of such account. Final Accounts. — A town clerk should record in the same book in which he records the annual 38 NEW YORK SCHOOL LAW accounting of a supervisor, the final accounting of school moneys by the supervisor, and he should deliver a copy of such final accounting to the supervisor's successor. Filing Treasurer's Certificate.^ — A town clerk should receive and record, from an outgoing su- pervisor, the certificate of the county treasurer showing that the bond of such supervisor's suc- cessor has been executed and approved. Records of Districts. — He should receive, file, and record all descriptions of school districts and their alterations and all other papers and pro- ceedings relating to school matters which are de- livered to him by the school commissioner. Assist in Formation of Districts. — A town clerk may become a member of a local board to pass upon an order issued by a school commissioner to change the boundaries of a school district or to form a new district. He may act in this capacity when requested to do so by the trustees of a dis- trict in his town to be affected by an order of the commissioner, but not otherwise. He may act at his pleasure in regard to attending the meet- ing of a local board for this purpose, but he cannot be compelled to attend. The law leaves his attendance optional. For service in this capacity a town clerk is entitled to $1.50 per day, which is a charge upon his town. DUTIES OF COUNTY TREASURER 39 Preserve Records of Dissolved Districts. — A town clerk should receive and preserve all books, papers, and records of a dissolved school district that are deposited in his office as the law directs. File Bond of Collector. — A town clerk should receive and file any bond given by a collector of any school district in his town, and enter memo- randum of the same in proper book. He is entitled to a fee of twenty-five cents for every such bond filed. Payment and Expenses. — For any service per- formed by a town clerk in discharging the duties above mentioned, for which no fee is provided by law, he is entitled to the same compensation as he would receive for performing similar ser- vices for the town, and it should be audited by the town board as a charge upon the town. All disbursements in postage, express charges, etc., are a charge upon the town also. COUNTY TREASURER [See Title II] Annual Report to School Commissioner. — Be- tween the first and third Tuesdays of March of each year, a county treasurer should report to the school commissioners of his county the unex- pended moneys applicable to the payment of teachers' wages and to libraries that were in the hands of the several supervisors of the towns of 40 NEW YORK SCHOOL LAW the county on the first day of March preceding. He should also report all other moneys in his hands derived from payment of fines or from any other source, showing the town or towns or dis- trict or districts to which such money belongs. Require Bonds of Supervisor. — As soon as the county treasurer receives the commissioners' certificate of apportionment, he should require the supervisor of each town in his county to exe- cute a bond with two or more sureties in double the amount of school money to bfe respectively paid to each of such supervisors. Whenever a va- cancy occurs in the office of supervisor and such vacancy is supplied, the person chosen to fill such vacancy should be required by the county treas- urer to give a bond in like manner as supervisors regularly elected, in double the amount of school moneys in the hands of the former supervisor. Should Sue Bond. — If the condition of the bond of any supervisor should be broken, the county treasurer should sue the bond in behalf of the town and pay the money recovered to the successor of the defaulting supervisor. Payment of School Moneys. — After a super- visor has given a bond approved by the county treasurer, such treasurer should pay such super- visor the amount of school money due his town DUTIES OF DISTRICT ATTORNEY 4I as shown by the commissioners' certificate of ap- portionment. Payment of Unpaid Taxes. — Whenever a col- lector is unable to collect the school-district tax upon any real estate and the matter is properly presented to the county treasurer, it is his duty to pay such tax from the contingent fund and to re- port the facts to the board of supervisors of the county. (See chapter XV ) DISTRICT ATTORNEY [See Section 26, Article III, Title III] Fines from Prosecutions. — The district attor- ney should prosecute all persons guilty of misde- meanors in relation to school affairs, as required by law, and should report annually to the board of supervisors all fines collected as the result of such prosecution, and all such money received by him should be immediately paid to the county treasurer. Adjust Costs. — When the amount claimed by district officers for defending actions and pro- ceedings in behalf of a district is disputed by such district and the county judge is debarred from acting, such claim, when presented in due form, must be adjusted by the district attorney. (Article i, title 15.) 42 NEW YORK SCHOOL LAW COUNTY JUDGE Appoint School Commissioner. — When the county judge of a county has been notified by the county clerk that there is a vacancy in the office of school commissioner in any district in such county, it is the duty of such county judge to appoint a qualified person to fill such vacancy. (Section 6, title 5.) Adjust Costs. — When the officers of a school district have brought or defended an action or proceeding in behalf of such district by instruc- tion, and the amount claimed by such officers for costs and expenses is in dispute, and when such officers have brought or defended an action or proceeding in behalf of a district tvit/wut instruc- tion, and the district meeting refuses to allow the claim presented by such officers for costs and ex- penses and the matter is properly presented to the county judge, he should give such officers and district a hearing, examine into the facts of the case, and decide what amount should be allowed such officers, if any. The amount allowed by a county judge cannot exceed thirty dollars. A county judge cannot adjust a claim for costs and expenses incurred in bringing or defending appeals before the State Superintend- ent, but only in an "action or proceeding," in court. (Article i, title 15; 31 Misc. 590.) REVIEW QUESTIONS 43 REVIEW QUESTIONS Of what school property are supervisors trustees? What annual return of school moneys must supervisors make? When and to whom is such return made? When may supervisors pay out such moneys after a return has been made ? Upon whose order should a supervisor pay the money in his hands for the payment of teachers' wages? What two facts should such order show? When should a supervisor pay to a collector or treasurer of a district the money due their district for teachers' wages ? How should a supervisor disburse the library money to which each dis- trict is entitled ? What disposition should a supervisor make of the money in his hands, for teachers' wages and library purposes, belonging to union free school districts? To whom should the supervisor make a report of the school moneys received and disbursed by him ? What rec- ord of school moneys should a supervisor keep? What should he do with this record ? What statement should a supervisor file in the town clerk's office ? When ? To whom should he send notice that such report has been filed ? State what is necessary to qualify a supervisor to obtain funds from his predecessor in office. What is the duty of a supervisor relative to penalties and forfeiture under the consolidated school law? In what manner may a supervisor assist in the formation or alteration of school district boundaries ? Has he au- thority to act if not requested to do so ? Can he be com- pelled to act in such capacity ? To what compensation are supervisors entitled for such service ? When may super- visors determine upon the equitable assessment of prop- erty ? When may the supervisor of an adjoining town assist in such matters ? What compensation does he re- ceive for this service ? What is the general duty of a town clerk relative to pre- serving school district records? What record of a super- visor's certificate of apportionment should a town clerk make? What officers' reports must he obtain? What must he do with such reports ? What report must he make to the school commissioner? What is his duty in relation to distributing documents ? What is his duty in relation to records of annual accounts ? Final accounts ? Treasurers' certificate ? Records of boundaries of districts ? When may he assist in forming a new school district or in changing the boundaries of a district ? Can he act if not requested ? Can he be compelled to act ? What compensation does he receive ? What is his duty in relation to records of 44 NEW YORK SCHOOL LAW dissolved districts ? In filing bonds of treasurer or collec- tor? To what compensation is he entitled ? How is such compensation paid? When must a county treasurer report to a school com- missioner? What must such report show? ^Vhat is his duty in relation to requiring bonds of supervisors? When should he sue the bondsmen of a supervisor? When should he pay school moneys to supervisors ? When should he pay uncollected taxes on real estate to a school district collector? What is the duty of the district attorney in relation to fines and prosecutions ? In adjusting costs. When may a county judge appoint a school commis- sioner ? When may he adjust costs of district officers de- fending an action or proceeding for or against the district ? What amount may he allow? May he adjust costs incurred in an appeal to the State Superintendent of Public In- struction in an action or proceeding as defined by the Civil Code ? CHAPTER IV SCHOOL DISTRICTS [See Title 6] Number of Districts. — For the school year end- ing July 31, Igor, the number of school districts in the State was 11,711. The number differs from year to year as new districts are formed and others abolished. Origin of District System. — The school act of 1795 provided that the inhabitants of a town might associate together for the purpose of establishing and maintaining schools. Schools were maintained under this plan until 18 12, when the law was changed by the school act of that year providing that the town commissioners should divide their respective towns into a suit- able and convenient number of districts which should be numbered. Division of Territory. — The law provides that all territory of the State must be divided and in- cluded in school districts. If there is territory in any school commissioner district not included in some school district, it is the duty of the school commissioner having jurisdiction, to divide such 46 NEW YORK SCHOOL LAW territory and order that it be included in the school districts to which it properly belongs. Constitutional Provision.— Section i of article 9 of the State constitution requires the State legisla- ture to provide for the maintenance and support of a system of free common schools wherein all the children of the State may be educated. School District. — A school district is a subdi- vision of a town or city which is under the man- agement and direction of officers who are re- quired to maintain a free public school in and for such district as the law directs. Classes of Districts. — Under the consolidated school law school districts are known as union- free school districts, common-school districts, and joint districts. Union Free-School Districts. — Union free- school districts are the districts organized as such under the provisions of the consolidated school law, or under special acts of the State legislature. These districts have a board of education and are usually organized in the vil- lages and cities of the State. Common-School Districts. — All school dis- tricts in the State which are not organized as union-free school districts are common-school districts. In the place of a board of education a common -school district has a board of trustees. SCHOOL DISTRICTS 47 Joint Districts. — Joint districts are school dis- tricts lying in two or more school-commissioner districts. These districts are either common-school districts or union free-school districts. Joint dis- tricts must bear the saine number in each town. Public School. ■ — A public school is a school accessible to all the children of school age resid- ing in a district or city, and supported by public taxation. Common schools and union free schools are public schools. School Year. — Th„e school year begins on the first day of August and ends on the thirty -first day of July following. Who May Attend School. — All persons over five and under twenty-one years of age are en- titled to attend the public school of the school district in which such persons reside, the full period for which such public school is in session, without payment therefor.* (Title 7, § 36.) (The attendance of pupils over eighteen years of age cannot be included in the aggregate attendance on which the apportionment of school money is based. (Title 2, § 13, subd. 6.) Children over four years of age are entitled to attend a kindergarten maintained in the district in which such children reside, without charge. (Title 15, § 24.) Attendance of Non-resident Pupils. — Non-resi- *The Free School Act of New York was passed in 1867. 48 NEW YORK SCHOOL LAW dent pupils may upon the written consent of the trustees of a district or a majority of such trus- tees be admitted to the public school of such dis- trict. The trustees determine the conditions upon which non-resident pupils are admitted and the amount of tuition which must be paid. Whenever the parents or guardians of non-resi- dent pupils are taxed on property owned by them and located in the district in which such non-resident pupils attend a public school, the amount of such tax paid must be deducted from the tuition charged. (Sec. 36, Art. 5, Title 7.) Attendance of Indian Pupils.— When a school district contains an Indian reservation on which a school for Indian children is maintained, the Indian children of such reservation are not en- titled to the school privileges of the district in which such reservation is located and cannot be legally admitted to the public district school without the consent of the State Superintendent of Public Instruction. (Sec. 37, Art. 5, Title 7.) Description of Districts. — There should be on file in the town clerk's office, a complete descrip- tion in metes and bounds of each school district of his town. The districts of a town should also be numbered consecutively. In a town in which twelve school districts are located, such SCHOOL DISTRICTS 49 districts should be numbered from one to twelve, inclusive. If any of the districts of such town shpuld be abolished, the districts should be re- numbered by the school commissioner so as to make the numbers consecutive. For example, if district No. 8 should be abolished, No. 12 should be changed to 8, and the districts would then be numbered from i to 11 inclusive. Formation and Dissolution of Joint Districts. — When the best interests of public education will thus be conserved, a school district may be formed from the territory of two or more school commis- sioner districts by the joint action of the commis- sioners having jurisdiction or a majority of them. A joint district may also be dissolved. This re- quires, however, the joint action of the commis- sioners of the commissioner districts in which such joint district is located. The proceedings are the same as those given under " Alteration of School Districts ' ' in this chapter, except that all orders must be signed jointly by the commis- sioners or a majority of them. Alteration of Joint District by Special Meet- ing. — When a majority of the commissioners of the commissioner districts in which a joint district is located fail to attend a joint meeting of such commissioners regularly called for the purpose of altering or dissolving such joint district, the so NEW YORK SCHOOL LAW commissioner or commissioners attending such, meeting, or any one of them, may call a special meeting of such district to determine whether it shall be dissolved or altered. The decision of the meeting on such question is as valid as though made by the commissioners. This proceed- ing is operative in cases only where a joint dis- trict lies in three or more commissioner districts. Dissolution of Districts. — A school commis- sioner has authority to dissolve any school district under his jurisdiction for valid reasons. His ac- tion in such cases is subject to appeal to the State Superintendent. The territory of such district or districts, if more than one is dissolved, must be annexed to adjoining districts or must be created into a new district. This action may be taken without the consent of the trustees of the districts affected. It must be understood, however, that this action can be taken only when a district is dis- solved and its territory is annexed to other districts or used to form, a new district. Property of Dissolved Districts. — When two or more dissolved districts are thus consolidated into one, the new district succeeds to the right of the property possessed by the districts from which it was formed. When the territory of a dissolved district is at- tached to other districts, the supervisor of the town in which the school-house of such dissolved SCHOOL DISTRICTS 5 1 « district is located should sell the property of such dissolved district at public auction. He should give at least five days' notice of such sale by posting a notice in three or more public places of the town in which such district is located, one of which must be posted in the district so dissolved. The supervisor should deduct from the receipts of such sale all expenses. He should then use the remainder to pay the debts of the district. If there is a remainder after paying such debts, the supervisor should apportion it among the owners of taxable property in the district in proportion to their respective assessments on the last assess- ment rolls of the town, and should pay such money accordingly. Outstanding Moneys of Dissolved Districts. — The supervisor of the town within which the school-house of a dissolved district is situated has authority to receive, sue for, and collect, in his name of office, any money due the district from its former officers or from any other person. Application of Such Money. — The supervisor should deduct from any moneys thus received all costs and expenses of collection and report the balance to the school commissioner. The school commissioner should apportion such balance equitably among the districts to which the parts 52 NEW YORK SCHOOL LAW of such dissolved district were annexed. The district meeting of each district receiving such money should direct for what purposes it should be used. Adjustment of Affairs of Dissolved Districts. — After a district has been dissolved it continues to exist in law for the. purpose of providing for and paying all its just debts. For this purpose its trustees and other officers continue in ofl&ce ; the district may hold special meetings, elect officers to fill vacancies, and vote taxes ; and the inhabit- ants of the district and its officers may transact any other business necessary for the adjustment of such debts. Records of Dissolved Districts. — The school commissioner, or if a joint district, the commis- sioners, should direct the clerk or other person who may be in possession of all books, papers, and records of the district to deposit such books, papers, and records in the town clerk's office of the town in which the school-house of such dis- solved district was located. The commissioner should file a copy of the order served on the dis- trict clerk or other person with the town clerk, A failure on the part of a district clerk or any other person to comply with the order of a com- missioner in this matter is punishable by a fine of $50. SCHOOL DISTRICTS 53 ALTERATION OF COMMON SCHOOL DISTRICTS Those that Cannot be Divided. — Any school district which has a bonded indebtedness out- standing cannot be divided. The boundaries of such districts, however, may be changed by adding thereto territory from an adjoining dis- trict which has no bonded indebtedness. Methods of Alteration. — In altering the bound- aries of any school district there are two methods of procedure. One is with the consent of the trustees of the districts affected, the other is with- out the consent of such trustees. It is impossible to change the boundaries of one district without changing the boundaries of at least one other. If territory is taken from one district it must be added to another. There will, therefore, always be at least two districts affected when a question of alteration of boundaries is involved. Action with Consent of Trustees. — A commis- sioner should always, if possible, obtain the con- sent of the trustees of all districts to be affected, when he decides to alter the boundaries of a dis- trict. This consent should be in writing and should state definitely what changes are to be made. A description of the districts as they shall be after the proposed changes are made 54 NEW YORK SCHOOL LAW should be incorporated in the •written consent of the trustees. The State Superintendent has held that in a district having more than one trustee a majority vote at a meeting regularly called shall be considered the action of such board. The con- sent of the trustees of all districts having been obtained, the commissioner may issue an order making the alterations, and must file a copy thereof with the town clerk of the town in which such districts are located, and if such districts are located in two or more towns, a copy must be filed with the town clerk of each of such towns. The order should state definitely what changes are to be made and must recite that the consent of the trustees of each district has been given. These consents should be attached to and form a part of the order of the commissioner. The commis- sioner should also file copies of such order with the district clerk of the school districts affected. The State Superintendent has held that a trus- tee cannot consent to transfer his own land from one school district to another. Action Without Consent of Trustees. — This procedure is more complicated than the former. When the trustees of- any one of the districts affected, refuse to consent to the proposed altera- tion the commissioner must follow out each step SCHOOL DISTRICTS 55 provided by statute. He may make the order and file it .with the town clerk of the town in which the districts are located. This order is known as the preliminary order, and must recite the refusal of the trustees of any district or dis- tricts so refusing, and the commissioner must direct that the order shall not take effect as to the dissenting district or districts until a day named therein, and not within three months from the date of such order. Within ten days after filing such order the com- missioner must give at least one week's notice in writing to the trustees of all the districts affected hy such order, that, at a specific time, and at a place in the town in which one of the districts to be affected is located, he will hear the objections which may be offered to the proposed alteration. This notice must state that an order of altera- tion has been issued, and a copy of such order must also be inserted in the notice. Local Board. — Upon the request in writing of the trustees of any district affected, the supervisor and town clerk of the town or towns in which such district wholly or partly lies, may be asso- ciated with the commissioner upon the hearing of objections to his preliminary order. No su- pervisor or town clerk can act in this capacity S6 NEW YORK SCHOOL LAW who has not been requested to do so. And such supervisor and town clerk must present such re- quest, with proof of service of the same, to the commissioner, at the time and place fixed for such hearing, to establish their jurisdiction to act. The supervisors and town clerks thus requested to act and the commissioner, form the local board to hear and determine upon the merits of the ob- jections offered to the proposed changes. If a supervisor or a town clerk should be associated with a local board without being requested by the trustees of the district, any decision of such board determined by the votes of such supervisor or town clerk would be declared void by the State Superintendent upon appeal to him in due form. If a district has more than one trustee, a re- quest for a supervisor or town clerk to act in conjunction with the commissioner must come from a majority of such trustees ; such request having been decided upon at a regular meeting. Town officers are not required by law to attend such meetings. Trustees are authorized to re- quest them to attend ; but there is no authority to compel their attendance. If any of these officers who are entitled to act as members of a local board should fail to appear at the hearing, the com- missioner and those supervisors and town clerks SCHOOL DISTRICTS 5/ entitled to become members of the board, who do appear, may proceed with the hearing and render a decision thereon. If all supervisors and town clerks entitled to become members of such board should fail to appear at the hearing, the commissioner may proceed without them and decide on this merits of the objections offered. But if the commissioner should not attend and if the town officers should attend, they would not have the authority to proceed, and the prelimi- nary order issued by the commissioners would become void. In a case of this kind piroceedings could be renewed if desired. A local board has power to adjourn from time to time, but such adjournments can not extend the date of the hearing beyond the time desig- nated in the preliminary order when such order shall take effect. At the hearing before the local board those in- terested who are opposed to the order of the com- missioner may present their evidence and argu- ments against the wisdom of the proposed changes, and those in favor may also present evidence and arguments in support thereof. After all evidence and arguments have been presented, the board must decide by vote either to affirm or vacate the order of the commissioner. 58 NEW YORK SCHOOL LAW Each member of the board is entitled to a vote, and a majority decides the action to be taken. If the board decides to vacate the order of the commissioner, the matter is ended and the changes cannot be made. An appeal from such decision may be taken to the State Superintend- ent, who may affirm, modify, or vacate such order, A record of the action of the board must be filed in the town clerk's office. If the board votes to confirm the order of the commissioner, a final order must be made by the commissioner and members of the board, direct- ing that the alterations be made. This final order must recite the first order and all the proceedings taken thereafter, including the action of the local board. REVIEW QUESTIONS What is the number of school districts in the State.' What is the law in relation to the division of all territory in the State ? What are the three classes of districts ? When was the district system first inaugurated ? How ? What change was made in 1812 ? Define each. What is a public school.? What are the limits of a school year.? Who are entitled to attend a public school ? For what period may such persons attend.? When was the free- school act passed? What is the law in relation to the ap- portionment of public money on the attendance of pupils over 18 years of age? Who may attend a kindergarten? How may non-resident pupils be admitted to school ? Who determines the conditions upon which they are ad- mitted ? What is the law in relation to charging such pupils tuition ? What is the law regulating the attendance of Indian pupils upon a public school? SCHOOL DISTRICTS 59 Where should a description of each school district be filed. What should be the character of this description ? How should districts be numbered ? When may a joint district be dissolved ? How ? When may the boundaries of a joint district be altered by a special meeting? How is such' special meeting called ? When may a school dis trict be dissolved by a commissioner without the consent of the trustees of such district ? When two or more dissolved districts are consolidated into anew district, what becomes of the property of such dissolved districts ? What becomes of the property when such districts are attached to other districts ? What notice of such sale must be given ? How are the expenses of such sale met? What disposition is made of the remainder of such fund ? How may the outstanding money of a dissolved district be collected ? What is done with money thus collected ? What is the duty of a school commissioner in relation to such matters ? What powers does a dissolved district possess as a district ? What disposition should be made of the books, papers, and records of a dissolved district ? Who should direct this? What is the penalty for failing to comply with this direction ? What school districts can- not be divided? What change maybe made in the boun- daries of such districts ? What are the two methods by which a school district may be altered ? If the boundaries of one district are changed, what must follow ? In what form should trustees' consent be given ? What is done after the consent of the trustees is given ? What must be done with the commissioners' order? What facts should the order of the commissioner recite ? With whom should copies of such order be filed ? Can a trustee consent to transfer his own land from one district to another? By whom is a preliminary order issued to change the boundaries of a district when the trustees will not consent to such change? Where must such orderbe filed? What must it show? When must it take effect as to the dissenting dis- tricts ? What notice must the commissioner give to the trus- tees dissenting to such changes ? What must such notice contain ? What officers may be associated with the commis- sioner at the hearing upon such order? Can these officers act if not requested by the trustees? What must these officers do to establish their jurisdiction to act ? What would be the effect if either of these officers should act without being properly requested to do so ? Can these officers be required to act in this capacity? If only part 6o NEW YORK SCHOOL LAW of the officers requested to act in this capacity should appear at the hearing, what should be done? If none of such officers requested should appear, could the commis- sioner legally act in their absence ? If the commissioner should fail to appear, and the other officers should appear, what could be legally done ? Can this board adjourn ? For what period ? What should be done at the hearing? What must be done with the records of the proceedings ? If affirmative action is taken on the original order, what is the next step ? What must the final order contain ? CHAPTER V MEETINGS IN COMMON SCHOOL DISTRICTS [See Article i, Title 7] I. FIRST MEETING IN NEW DISTRICT By Whom Appointed. — When the order form- ing a new school district goes into effect the school commissioner having jurisdiction must appoint a time and place for holding the first dis- trict meeting for the purpose of effecting a dis- trict organization. Notice of Meeting. — The commissioner must prepare a notice which shall state the time and place at which the meeting will be held and the object for which it is called. This notice should be explicit in this respect and state that the meeting is called to elect officers, vote taxes, and transact any other business permitted by law. The notice must also include a description of the boundaries of the district, which must be the same as that contained in the order forming such, district and must be given in metes and bounds. This notice should be delivered by the commis- sioner to some taxable inhabitant of the district, who is directed to serve such notice upon every 62 NEW YORK SCHOOL LAW qualified voter residing in the district for which the meeting is to be held. Service of Notice. — It is the duty of the person receiving this notice to notify every qualified voter of the district of such meeting by reading the notice in his or her hearing. If any resident of the district is absent from home, a copy of that part of the notice relating to the time, place, and object of the meeting should be left at the place of residence of such person. This notice must be served on the voters of the district at least six days, previous to the date of the meeting, exclu- sive of the day of service. Return of Notice. — The person serving such notice should make a return to the district meet- ing showing in what manner each inhabitant of the district was notified. This is done by fur- nishing a list of names of those who were per- sonally notified of the meeting and another list of those for whom the notices were left at their places of abode. These lists should be endorsed upon the back of the notice of such meeting and signed by the person who served the notice. It should then be presented by such person to the district meeting and filed with the records of the district. The object of this return is to show that the meeting was regularly called and to es- COMMON SCHOOL DISTRICT MEETINGS 63 tablish its jurisdiction in the event of any dispute arising. If a return is not made, it will be pre- sumed that the meeting was regularly called, un- less the preponderance of evidence should show otherwise. Penalty for Refusing to Serve Notice. — Any taxable inhabitant of such district, when re- quested in due form to serve the notice of such meeting, who refuses or neglects to do so, forfeits the sum of $5 for the benefit of the district. Powers of Such Meeting. — The first meeting of a new district, when regularly called, possesses the powers of an annual meeting and may trans- act business that might properly come before an annual meeting. Failure to Hold Meeting. — Whenever the time fixed for the first meeting of a new district shall have passed and such meeting shall not have been held, the commissioner may, in his discre- tion, appoint another time for such meeting by delivering another notice, as in the first case, to some taxable inhabitant of the district. A com- missioner is not required to call a second meet- ing. He may act as he deems it expedient under the circumstances. Unless in the opinion of the commissioner it is necessary for the consider- ation of important business before the date of the 64 NEW YORK SCHOOL LAW annual meeting, a second meeting should not be called. 2. SPECIAL MEETINGS By Whom Called. — The call for all special meetings should be issued by the trustees of the district. When the office of trustee is vacant the district clerk should issue such call, and when the offices of trustee and clerk are both vacant, the school commissioner having jurisdiction may, when it is shown to his satisfaction that con- ditions demand it, issue a call for a special meet- ing. Method of Calling. — There are two methods by which special meetings may be called. The voters of any district may at any annual meet- ing adopt a resolution prescribing the method by which notice of special meetings shall be given. Such resolution and such method of call- ing special meetings provided thereby shall re- main in force until modified by some subsequent annual meeting. This method must be such that the notice may reasonably be expected to reach every voter of the district. Publishing notices in a paper published in the district or posting notices for a reasonable time in conspicuous places in the district, has been held by the State SPECIAL MEETINGS 65 Superintendent to meet the requirements of the law. When the annual meeting fails to provide a special manner of giving notice of special meet- ings, the method provided by statute must be pursued. The district clerk, upon the request of the trustee or trustees of the district, must serve notice upon each of the qualified voters of the district at least five days, exclusive of the day of service, before the date of such special meet- ing. If there should be a vacancy in the ofi&ce of district clerk, or if the clerk should refuse to act, a trustee of the district or some taxable inhabit- ant, upon order from the trustees of the district, must serve the notice of special meetings. If the offices of trustee and clerk are both vacant, the school commissioner may direct some inhabitant of the district to serve the notice of special meet- ings. Service and Return of Notice.— The method of serving notice for special meetings on the inhabit- ants of a district is the same as that outlined in this chapter for serving notice for the first meet- ing of a district. The same method of procedure in making a return of service of notice should also be followed. Penalty for Refusing to Serve Notice.— Any 66 NEW YORK SCHOOL LAW taxable inhabitant of a district who refuses to serve a notice of special meeting when legally requested forfeits the sum of $5 for the benefit of the district. Power of School Commissioners to Call Special Meetings. — It will be observed from the preced- ing paragraphs relating to special meetings that a school commissioner may call and give notice of special district meetings for any school district under his jurisdiction when the offices of clerk and trustee for such district are vacant. Failure to Notify all Voters. — If the failure to notify all voters of a district meeting can be shown to be wilful and fraudulent, the proceed- ings will be declared illegal upon appeal in proper form to the State Superintendent. If such omission of notice appears accidental or if the presence of the person failing to receive such notice would not change the result of the action of such meeting, or if such person attended the meeting, the proceedings will be declared legal. All matters of this character in dispute should be presented to the State Superintendent in the form of appeals. Powers of Special Meetings.— The only busi- ness which can be considered at a special meeting is that for which the meeting was called and which was designated in the notice of such meet- ing. ANNUAL SCHOOL MEETINGS 67 3. ANNUAL SCHOOL MEETINGS Notice.- -The district clerk should give at least five days' notice of an annual meeting by posting notices thereof in at least five public places. A failure to give such notice would not invalidate the business transacted at an annual meeting, as the law fixes the date and all persons entitled to vote at such meetings should know when they are to be held, without receiving notice. (See subdivision 4 of section 34 of article 4 of title 7.) Date. — The annual school meeting of each com- mon school district must be held on the first Tuesday of August of each year. Hour. — Unless a previous annual meeting has fixed some other hour, the meeting should be held at 7:30 o'clock p. M. Place. — The annual meeting must be held in the school-house of the district unless otherwise voted by the district. If the district has two school-houses, the meeting should be held in the one generally used for that purpose. The trus- tees, however, may designate the other school building. A district may vote at an annual meeting or a special meeting called for that pur- pose, that future meetings shall be held at some other place than the school-house. If the dis- trict has no school-house, the meeting must be held at some place designated by the trustees. 68 NEW YORK SCHOOL LAW Failure to Hold Annual Meeting. — If the date of the annual meeting has passed and such meet- ing has not been held in a certain district, the trus- tee or clerk of such district should call a special meeting to transact the business of the annual meeting. If the trustees or clerk of such district should fail to call such special meeting within twenty days after the date fixed by law for holding the annual meeting, the school com- missioner having jurisdiction over such district or the State Superintendent of Public Instruction may order any resident of such school district to give notice that such meeting will be held. This notice must be given in the same manner as no- tices of special meetings and as described on the first page of this chapter. The district officers should make to such meeting the reports required to be made at annual meetings. A failure to make such reports subjects district officials to the same penalty that is imposed for a failure to re- port at annual meetings. Officers elected at such meeting are entitled to serve until the date of the next annual meeting or until their successors have been elected and have qualified. Notice of Adjourned Meeting. — When any meeting of a district has been adjourned for more than one month, the clerk of the district ANNUAL SCHOOL MEETINGS 69 must post notices of the time and place of such adjourned meeting in at least five of the most public places in such district and at least five days previous to the time appointed for such meeting. Legislative Body of District. — The electors of a school district, when assembled in a meeting regularly convened, constitute the legislative body of such district and may transact any busi- ness relating to the school affairs of such district which is permissible by statute. As special meetings are called to transact special business, the annual meeting of a district is the one in which nearly all the business of a district is transacted. The more important matters coming before an annual meeting as provided by law are as fol- lows: Powers and Duties of Annual Meetings : 1. To select a presiding officer, to be known as chairman, and in the absence of the district clerk to select a clerk pro tempore. 2. To elect district officers for the ensuing school year. 3. To determine by majority vote by ayes and noes whether a district officer shall be chosen to be known as treasurer. 4. To name the amount of the bond which the 70 NEW YORK SCHOOL LAW collector and the treasurer must give to the district for the faithful performance of the duties of their respective offices. 5. To vote a tax upon the taxable property of the district to purchase, lease, or improve the school-house site or to enlarge the site already owned by the district. Also to vote a tax to hire or purchase rooms or buildings for school pur- poses and to keep them in repair. To vote a tax to build school-houses and to supply them with necessary furniture, fuel, etc. 6. To vote a tax not to exceed $25 in any one year for the purchase of school apparatus, such as maps, globes, blackboards, etc., and for the purpose of supplying text-books and other school supplies for the use of the poor scholars of the district. 7. To vote a tax for the establishment, main- tenance, support, and increase of a school library and to purchase a book-case. 8. To vote a tax to supply a deficiency caused by a failure to collect a former tax, also for the purpose of providing a record book for the dis- trict. 9. When district officers have lost or embezzled any of the funds of a district, the annual meeting may vote a tax upon the district to replace such funds. ANNUAL SCHOOL MEETINGS 71 10. The annual meeting may also vote a tax upon the district to meet the expenses incurred by the district officers in defending suits or ap- peals in the district's behalf and also in prosecut- ing suits or appeals in its behalf, when directed. 1 1 . The district may also vote a tax to pay teachers' wages as they become due, and to pay any judgment obtained from a competent court by a teacher for teacher's wages. 12. An annual meeting may direct the trustees of a district to insure in any insurance company created under the laws of this State the school buildings, furniture, apparatus, etc. Method of Voting. — All questions involving the expenditure of money or the levying of a tax upon a district must be by ballot, or by a vote of the ayes and noes, which must be properly re- corded. REVIEW QUESTIONS Who appoints the first meeting in a new district ? When? Who prepares the notice? What should the no- tice show? What is done with such notice? Who serves it? Who designates the person to serve it? Upon whom must such notice be served ? How should such notice be served ? How should such notice be served upon persons who are absent from home? Whenmust such notice be served ? How should a return of service of notice be made ? What should be done with such return ? Why ? What is the penalty for refusing to serve such notice ? What powers does such meeting possess ? If the time for holding such meeting has passed and the meeting has not been held, what should be done ? 72 NEW YORK SCHOOL LAW Who usually calls special meetings? When may the district clerk? The school commissioner ? State Super- intendent ? How many methods of calling special meet- ings are there? Describe each. What is the method of service of notice of such meeting? Of the return of ser- vice of such notice ? What is the penalty for refusing to serve such notice? What is the effect of a wilful failure to notify all qualified voters of such meetings? What if such failure were accidental? What if the presence of those who were not notified would not change the result of the action of a meeting? How should disputes of this kind be settled ? What business can be transacted at a special meeting? What notice of annual meetings must be given ? By whom ? Does a failure to give such notice invalidate a meeting? When does the annual meeting occur? At what hour? At what place? May it be held elsewhere? When ? If the annual meeting is not held on the date fixed by law, what should be done ? What business should be transacted at the meeting when called ? For what period do the officers elected at such meeting serve ? What notice must be given of a meeting adjourned for more than one month? What is the legislative body of a school district ? What power has an annual meeting in re- lation to selecting a chairman? A. qX&x\^ pro tempore ? Dis- trict officers? District treasurer? What is the duty of a district meeting in relation to the bond of treasurer or col- lector ? Name the various purposes for which a district meeting may vote a tax ? What direction should an annual meeting give trustees in relation to the insurance of prop- erty ? Ho w must a vote involving expenditure of money be taken ? CHAPTER VI COMMON-SCHOOL DISTRICT OFFICERS [See Articles i, 3, and 6, Title VII] Officers of Common-School Districts. — The offi- cers of a common-school district are a trustee or trustees (as determined by the district), a clerk, a collector, a librarian, and a treasurer when the district has flecided to elect such officer. TRUSTEE Eligibility. — To be eligible to the office of trustee a person must possess tivo distinct qualifi- cations. He must be a resident of the district and qualified to vote at its meetings, and must also be able to read and write. A woman pos- sessing these qualifications is eligible to hold the office of trustee. Prohibitions. — Trustees are prohibited from holding the office of district clerk, collector, treasurer, or librarian; also from holding the office of school commissioner or supervisor. A trustee accepting any of these offices would upon the acceptance of such other office vacate the office of trustee. A person holding the office of clerk, collector, treasurer, or librarian who should ac- 74 NEW YORK SCHOOL LAW cept the office of trustee would also, upon the acceptance of the office of trustee, vacate such other office. Election. — The election of trustees must take place at the annual meeting in all districts except those districts included in the provisions of the next paragraph. The election must be by ballot and the trustees must supply ballot-boxes for this purpose. The district meeting must by some method appoint two inspectors of election. This may be done by adopting a motion to instruct the chairman or clerk of the meeting to appoint such inspectors. A motion or resolution might be adopted naming two inspectors. The district meeting might also pursue any other method in selecting the inspectors. In all cases the election must be by ballot. Even if the name of but one person is presented to the district, the election of such person, to be legal, must be by ballot. The votes cast for trustee must be deposited in the ballot-box provided for that purpose. The inspectors should report the result of the vote to the chairman, who should an- nounce the result to the meeting, and the person reciving the majority of all votes cast is duly elected. In cases where the election was not by ballot, TRUSTEES 75 the State Superintendent of Public Instruction has held, -when such cases were duly presented to him upon appeal, that such elections were void and has ordered that new elections be held in such districts. The ballots used in school-district elections must be printed or written, or partly printed and partly written, and must contain the name of the person voted for and the title of the office. The names of all officers to be elected may be on one ballot, as : TRUSTEE John Jones CLERK William H. Smith COLLECTOR George Brown The district clerk should keep a poll-list show- ing the names of all persons whose votes are re- ceived. Elections in Districts Having 300 Children of School Age. — When the last annual report of the trustees of a common school district to the school commissioner shows that the number of children of school age in such district exceeds 300, the qualified voters at any annual meeting may decide to hold a meeting for the election of officers on the Wednesday next following the date of the annual meeting. The vote taken must be ascertained 76 NEW YORK SCHOOL LAW by taking and recording the ayes and noes, and a majority of those voting shall decide the question. After such determination the election of trus- tees, ag well as of other officers in such district, shall be held on the Wednesday next following the annual meeting, between 12 o'clock noon and 4 o'clock in the afternoon in the principal school- house in the district; but the trustees may, upon resolution, extend the hours of such election from 4 o'clock p. M. until sunset. The trustees may also direct, upon resolution, that the election shall be at some other place than the school- house. In such case a notice must be given, stating where the election will be held, and such notice must be printed in some newspaper pub- lished in the district at least one week previous to the time for holding such election, or must be posted in five conspicuous places in the district. The trustees shall act as inspectors of election, and if a majority of the trustees are not present at the time for opening the polls, those present may appoint, from any of the legal voters in attend- ance, inspectors to act in the place of absent trus- tees. If none of the trustees should be present, the legal voters in attendance may select three of their number to act as inspectors. If a dis- trict coming within this provision has but one TRUSTEES TJ trustee, the legal voters of the district present may select two of their number to act with the trustee as inspectors. The district clerk should be present and keep a poll-list of those voting ; such list to be kept in the same manner as at the election which occurs on the date of the annual meeting. Bal- lot-boxes should be provided by the trustees; ballots like those used in the elections at annual meetings should be used, and the method of vot- ing and declaring results which is pursued at annual meetings in the election of officers should be followed in electing officers in these districts. If more ballots are deposited than there are names on the poll-lists, the inspectors should withdraw a sufi&cient number of ballots to make them correspond. When the time for such election has passed and no election has been held, the trustees or clerk should call a special meeting for the election of officers. If the trustees or clerk fail to call such special meeting within twenty days, the school commissioner having jurisdiction or the State Superintendent may order some inhabitant of the district to give notice as provided bylaw for such special meeting. The officers elected at such special meeting hold office until the next 78 NEW \OKK SCHOOL LAW annual meeting or until their successors are elected and have qualified. All disputes relating to these elections may be referred to the State Superintendent, whose de- cision is final, and who may order a new election. This provision, however, relating to the election of ofiicers — separate from the annual meeting — for districts having more than 300 children of school age, does not apply to school districts in cities, nor to union free-school districts whose limits correspond to those of an incorporated vil- lage, nor to any school district organized under a special act of the legislature providing a different time and manner for electing such officers, nor to any of the school districts in the counties of Richmond, Suffolk, Chenango, Westchester, Warren, Erie, and St. Lawrence. This provision for the election of officers on the Wednesday following the annual meeting must not be confounded with the annual meeting. It is simply a meeting for the election of officers, and no other business can be transacted. The annual meeting of the district must be held on the date fixed by law, and the business of the district, except the election of officers, such as re- ports of officers, voting to authorize a tax levy, etc., must be transacted at the annual meeting. TRUSTEES 79 Term of Office. — The term of office of a sole trustee is one year, and one j/earas defined by the school law means from one annual meeting to the next. The full term of a joint trustee is three years. In districts having three trustees these officers are called jomt trustees. The term of office of trustees chosen at the first meeting of a new district expires on the date of the first an- nual meeting held after election. Number of Trustees Determined. — At the first annual meeting held after the formation of a new district, the electors of such district shall deter- mine by resolution whether such district shall have one or three trustees. A majority of those present and voting shall decide the question. If the district should decide to elect three trus- tees, the electors present at the meeting should proceed to elect three trustees for terms of one, two, and three years, respectively. The ballots cast for these trustees should designate for which term each is elected. At each succeed- ing annual meeting thereafter, one trustee should be elected for three years to succeed the trustee whose term of office will expire at such time. Until further action is taken by a district at an annual meeting its decision to have three trustees or one, as the case may be, shall remain in force. 8o NEW YORK SCHOOL LAW Reduction of Number of Trustees. — In a district having three trustees, the electors oi such dis- trict may, at any annual meeting, by resolution, decide to reduce the number of trustees of such district from three to one. The votes of a ma- jority of those voting are sufficient to adopt such resolution. When a district decides to change to one trustee, no trustee should be elected for such district until the term of ofhce of each trus- tee has expired, and thereafter at each annual meeting but one trustee should be elected, until different action is taken by some future annual meeting. Increase in Number of Trustees.— In a district having but one trustee, the electors may at any annual meeting, by resolution, increase the num- ber of trustees for such district from one to three. The vote necessary to adopt such resolution is tivo-thirds of the legal voters present and voting at such annual meeting. Upon the adoption of a resolution to make such change in the number of trustees, the annual meeting should proceed to elect three trustees in the same manner as when the first annual meeting of a district de- cides to elect three trustees, and as described in this chapter on page 79. Thereafter, at each annual meeting, but one trustee should be elected TRUSTEES 8l for a term of three years to succeed the trustee whose term of of&ce expires at that time. Notification of Election. — It is the duty of the district clerk, or of the person who acted as clerk of the district meeting, to notify in writing all persons elected to any office immediately after such election. Acceptance and Refusal of Office. — The pres- ence of any person at a district meeting which elects him to a district office, is deemed sufficient notice to him of his election. All persons elected to district offices are deemed to have accepted such offices unless within five days after having received notice of such election they shall file with the district clerk a written refusal to accept. Failure to Elect Trustees at Annual Meet- ing. — If an annual meeting, or the meeting of a district which elects its officers on the Wednes- day following the annual meeting, should be held without electing trustees, it has been de- cided by the State Department that the trustees holding over are trustees for the ensuing year, as no vacancy exists which can be filled by elec- tion or appointment. Vacancy in Office. — The office of trustee may be vacated by death, by removal from the dis- 82 NEW YORK SCHOOL LAW trict, by incapacity, by refusal to serve, or by removal from office by the State Superintendent. A trustee who publicly declares that he will not accept or serve in the office, or who refuses to serve, or who neglects to attend three succes- sive meetings of the board of trustees of which he has been duly notified, vacates his office by re- fusal to serve, unless he renders a good and valid excuse therefor to the other trustee or trustees. Removal from Office. — The only person author- ized to remove a trustee from office is the State Superintendent of Public Instruction. Such su- perintendent may remove a trustee for either of the following causes : 1 . The wilful violation or neglect of duty under the consolidated school law or any other act per- taining to common schools. 2. The wilful disobedience of any decision, order, or regulation of the State Superintendent. All proceedings in cases of this kind must be brought before the State Superintendent in the form of appeals asking for the removal of the trustee. Supplying Vacancy. — Whenever a vacancy oc- curs in the office of trustee it may be filled by a special meeting of the school district, duly called, in which the vacancy exists. If such vacancy is TRUSTEES 83 not filled by a special meeting within one month from the date on which it occurred, the school commissioner of the commissioner district in which the school district is located may appoint some eligible person to fill such vacancy. The person selected by a district meeting to fill such vacancy may serve for the balance of the unex- pired term, but when appointed by a school cora- missioner such trustee may serve until the date of the next annual meeting of the district. Filing Appointment — Notice. — Whenever a school commissioner appoints a trustee to fill a vacancy, such appointment must be in writing and must be filed by the commissioner in the office of the district clerk. Upon receipt of such notice of appointment the district clerk should immediately serve a copy upon the person ap- pointed. Penalty for Refusal to Serve or Neglect of Duty. — Any duly qualified person elected or ap- pointed to the ofiice of trustee, who refuses to accept the office, forfeits the sum of $5. Any duly qualified person elected or appointed to the ofiice of trustee, who has not refused to accept but who neglects to perform the duties of the office, forfeits $10. Acceptance of Resignation. — Whenever the 84 NEW YORK SCHOOL LAW trustee of any district files his written resigna- tion with the school commissioner having juris- diction, and the commissioner files such resigna- tion and his acceptance thereof with the district clerk, the filing of such resignation and accept- ance is a bar to the recovery of either penalty mentioned in the preceding paragraph. Neither can the penalty be recovered if such resignation is made to, and accepted by, a district meeting. Board of Trustees. — The trustee or trustees of every school district are constituted a ' ' board of trustees " and are, under the law, corporate bodies. This applies to districts having one or three trustees, whichever the case may be. When- ever the term " board of trustees " is used in this work it may be applied to a district having a sole trustee as well as to those having more. Corporate Bodies. — As boards of trustees are " corporate bodies " under the law, it is necessary to have a clear idea of the meaning of that term. A corporate body consists of one or more natural persons, established by law, usually for some specific purpose, and continued by a succession of members. (Bouvier's Law Dictionary.) Hold Property as a Corporation. — Boards of trustees may hold as a corporation any property vested in or which may at any time be trans- TRUSTEES 85 ferred to the trustee or trustees of a district for the use of such district. Powers of Sole Trustee. — A board consisting of a sole trustee has all the powers that a board of three trustees possesses. It is also subject to the same duties, liabilities, and penalties that are conferred or imposed by law upon a board of trustees or a majority of them. Action of Board, How Determined. — As the trustees of a district form a board, any business transacted by them must be at a meeting of such board, duly convened. If two members of a board of three trustees attend a meeting of such board regularly called, and if the third member, having been notified, fails to attend, any act, order, or decision agreed upon by such two members is as valid or binding as though such action had been agreed upon by all members of said board. If all three members of such board were present, and any two members thereof should agree upon any proposition before the board, the action taken would be valid and would be considered the action of the board. The min- utes of the meeting shall recite the action or vote of each member, and such minutes, when show- ing that two members or a majority reached a conclusion upon any order, act, or motion, are conclusive proof of the action of such board. 86 HEW YORK SCHOOL LAW Meetings of Board. — A board may fix a time at which it will hold regular meetings, and any member of a board, by giving at least twenty- four hours' notice, may order a special meeting of such board. Trustees May Act When Vacancies Exist. — When there is one vacancy in the office of trustee in a district having three trustees, the remaining two trustees may exercise any powers vested in the board and are subject to all the duties and liabilities of three trustees. If two vacancies should exist on such board of trustees, the remain- ing member would be subject to the same duties and liabilities and could exercise the same pow- ers as the three members, and as though such remaining trustee were a sole trustee. Special Meeting to Fill Vacancy. — Whenever a vacancy exists in a board of trustees, the re- maining trustees should immediately call a special meeting of the district for the purpose of filling such vacancy. REVIEW QUESTIONS What are the officers of a common school district ? What two qualifications must a person possess to be eligible to the office of trustee ? What women are eligible to this office ? What offices are trustees prohibited from holding ? What would be the effect if a trustee should accept such office ? When are trustees elected ? How must such offi- cers be voted for at school meetings ? How are ballot- boxes supplied ? How are inspectors of election chosen ? REVIEW QUESTIONS 8/ Describe the process of v.oting for a trustee at a district meeting. How may an illegal election be set aside ? What kind of ballots must be used? Who keeps the poll-list at a district election ? What districts may hold the election of officers on Wednesday following the annual meeting? What action is necessary in order that such districts may hold the election at such time ? How must such vote be taken ? At what hours must such election be held ? How may the time be extended ? At what place in the district should the election be held ? How may it be held else- where ? How may such notice be given ? Who act as inspectors at such elections ? How are vacancies supplied when part of the trustees are absent? When all are ab- sent ? How are additional inspectors chosen at elections in districts having but one trustee ? Who keeps a poll-list of such elections ? How are ballot-boxes supplied ? What kind of ballots should be used ? Describe fully the method of voting. How is the result declared? What action should be -taken when the number of ballots and the number of names on the poll-list do not agree? When may an elec- tion be held at a special meeting? When may the com- missioner or State Superintendent direct a special meeting to be held ? For how long do officers chosen at such special meetings serve? How are disputes in relation to these elections settled ? To what districts are these pro- visions for separate elections not applicable? Distinguish between an election of officers in these districts and the annual meeting in such districts. What is the term of office of a trustee ? What is one year in this meaning? What is the term of a joint trustee? What is meant by a joint trustee ? How is the number of trustees for a district determined ? Describe the process of election where a district decides to elect three trustees. At elec- tions thereafter, how many trustees are elected and for what period ? Describe fully how a district having three trus- tees may change to one. From one to three. Who should notify a trustee of his election ? How? What is considered a notice of election ? When are officers deemed to have accepted ? What is the ruling of the State Department in relation to trustees of districts in which an annual election did not occur ? In what ways may the office of trustee be- come vacated ? How may a trustee vacate his office by refusal to serve? Who may remove a trustee from office? 88 NEW YORK SCHOOL LAW For what reasons ? How must such proceedings be brought? How may a vacancy in the office of trustee be filled by election ? By appointment ? When a vacancy is filled by election, for what period is a trustee chosen ? For what period when appointed ? How is the appointment by a commissioner made ? Where is it filed ? What action must the district clerk take ? What is the penalty for refusing to accept the office of trustee ? What is the penalty in cases where trustees do not refuse to accept, but refuse or neglect to per- form their duties? What is a bar to recovery of penalty in either case ? Explain the application of the term "board of trustees." What is a corporate body? What power have boards of trustees to hold property? What powers have sole trustees ? Explain fully how the action of a board is determined. What should the minutes of meetings of a board show? When are regu- lar meetings of a board held? When may special meet- ings be held? In case of a vacancy on a board of trustees, what powers do the remaining trustees possess ? In case of two vacancies, what power does the remaining trustee possess ? When a vacancy on a board exists, what action should be immediately taken by the remaining members ? CHAPTER VII COMMON-SCHOOL DISTRICT OFFICERS — {Continued) TRUSTEES, POWERS AND DUTIES [See Article 6 of Title VI I] The trustee of a school district is its most im- portant officer. He is the executive officer of the district and has charge of the general manage- ment of its school affairs. He should execute such official acts as the law directs and should carry into effect instructions received at a district meeting, provided they do not conflict with the school law or with the authority vested in him by virtue of such law. The important powers and duties of trustees as defined by law are as follows : Special Meetings. — To call special meetings when circumstances require it. Notice of Meetings. — When there is no clerk of the district, or when the clerk is absent, is una- ble to act, or refuses to act, the trustees may give notice of special, annual, or adjourned meetings. Tax-Lists and Warrant to Collector. — When- ever a district meeting has voted a tax, or when- ever a tax is authorized by law, it is the duty of go NEW YORK SCHOOL LAW the trustees to make out a tax-list for such tax and annex thereto their warrant directed to the district collector, for the collection of the taxes included in such tax list. To Purchase or Lease School-houses, Sites, etc. — When directed by a district meeting, trustees may purchase or lease a site or sites for school buildings. They may also, when directed by the district, build or purchase a school-house or school-houses. They may also hire rooms or buildings for school purposes. Fuel and Furniture. — Trustees should also furnish school-houses, rooms, or school buildings with necessary fuel, furniture, school apparatus, heating apparatus, and appendages ; and they may pay the expense thereof when such expense is not more than $50 in any one year, without a vote of the district. The district may vote an ad- ditional amount for this purpose. Custody of Property. — Trustees are the custo- dians of the property belonging to the district ; such as school-houses, sites, and appurtenances thereto. Insurance of School Property. — When trustees are directed by a district meeting to insure the school buildings, furniture, apparatus, etc., in some company created under the laws of this TRUSTEES — POWERS AND DUTIES 9 1 State, it is their duty to insure such property as directed and to raise the premium to pay for such insurance by a tax upon the district. When not directed by a district meeting to insure such property, it is the duty of the trustees to insure it in some company selected by them ; such com- pany, however, must have been created under the laws of this State. In this case the premium should also be raised by a tax upon the district. Insurance of Library. — It is also the duty of trustees to insure the school library in such a com- pany in an amount fixed by the district and to raise the premium by a district tax. Employment of Teachers — It is the duty of trustees to contract with all teachers employed in the district ; to determine the number of teachers to be employed ; and to determine their compensa- tion, term of service, etc. A district meeting cannot by resolution restrict the power of a trustee in this respect. A trustee cannot legally employ a teacher who is not qualified under the law. Removal of Teachers. — For sufficient reasons, the trustees of a district may dismiss a teacher. Rules and Course of Study. — It is the duty of trustees to establish courses of study, and rules for the government and discipline of the school. 92 NEW YORK SCHOOL LAW This must not be interpreted as meaning that trustees have the power to prescribe the method of imparting instruction, as this is a right vested solely in the teacher. Trustees are also required by special enact- ment to make provision for teaching the effects of alcoholic drinks, stimulants, and narcotics upon the human system. Payment of Teachers' Salaries. — Trustees may draw orders upon the supervisor of the town or upon the collector or treasurer of the district for the payment of teachers' salaries from the pub- lic money received from the State for that pur- pose. When this money i^ insufficient, trustees may raise the remainder by a tax upon the dis- trict. May Levy in Advance for Teachers' Salaries.— When there is no public money due a district or in the hands of district officers, and when no money has been raised by local taxation for the payment of teachers' salaries, and when a district meeting has not voted a tax therefor, the trus- tees may levy and collect, in advance, a tax sufficient to pay the salary of the teachers em- ployed for four months. Should Divide School Moneys in Portions. — TRUSTEES — POWERS AND DUTIES 93 When a school-district meeting votes that the public money received from the State shall be di- vided into portions and that such portions shall be used to apply on the salary of teachers for the different terms of the year, it is the duty of trus- tees to comply with such direction of the district meeting. To Provide Water-closets, Etc.— It is the duty of a board of trustees to provide water- closets for their districts in the manner required by law, and it must keep them in a clean and wholesome condition. A failure to do this is sufficient cause to remove a trustee from office and to withhold from the district its share of pub- lic money. When a district is wholly unprovided with suitable outbuildings, trustees, upon direc- tion from the school commissioner having juris- diction, or from the State Superintendent of Public Instruction, may spend $50 in the erec- tion of such buildings. Repairs to School-houses, Staircases, Etc. — It is the duty of trustees to keep all school build- ings, furniture, and apparatus in proper repair and to make them reasonably comfortable for use. They may expend each year for this purpose, without a vote of the district, an amount not to exceed $50. 94 NEW YORK SCHOOL LAW Trustees are also required by law in all dis- tricts throughout the State, except the cities of New York and Brooklyn, to provide stairways constructed on the outside of all school buildings that are more than two stories high, with suitable doors connecting therewith from each story above the first. Trustees are directed to provide these stairways, without a vote of the district, at a rea- sonable cost, which shall be raised by tax as other taxes upon the district are raised. May Abate Nuisances. — When they are so directed by the school commissioner, it is the duty of trustees to abate any nuisance in or upon the school premises, provided it can be done for an expense not to exceed $25. Clean Rooms — Employ Janitors, Etc. — Trus- tees should see that the school-room is always reasonably clean, and should provide pails, brooms, and other implements necessary for such purpose. It is also the duty of trustees to employ a janitor to build fires, sweep and otherwise clean the school-rooms, and to do the janitor work gene- rally in and about the school-house. They may pay a reasonable compensation for such services without a vote of the district, and may raise such money by tax in the same manner as other dis- trict taxes are raised. TRUSTEES — POWERS AND DUTIES 95 Purchase of School Apparatus, Account Books, Etc. — The trustees of a district may expend, without a vote of the district, for a dictionary, maps, globes, or other school apparatus, a sum not to exceed $25 in any one year. They may also provide blank-books in which to record their accounts and in which to make a record of all business transactions of the district. Trustees May Establish Temporary or Branch Schools.— Whenever it is established to the satisfaction of the trustees of a district that it is necessary to form a branch school in the district for the purpose of placing within the reach of a portion of the children of such district the school advantages to which all children ar% entitled, said trustee must establish such temporary or branch school. If a portion of a district is so remote from the school-house that the children of such locality are unable in inclement or winter weather to attend the regular school, without suffering un- reasonable inconvenience or hardship, it has been held by the State Superintendent of Public In- struction that such a state of affairs is sufficient ground for creating a branch school. Or if the rooms of the school building are overcrowded and insufficient for the accommodation of all children of school age, it is a proper reason for establishing a temporary school. 96 NEW YORK SCHOOL LAW The trustees, under either of the above condi- tions, must hire and furnish suitable rooms in which to maintain such branch school, with proper accommodations, and all expenses in- curred are a charge upon the district. This power to establish a temporary or branch school is vested in the trustees without a vote of the district ; but in exercising this power they must use proper discretion and be warranted under the circum- stances to establish such school. May Raise any Legal Tax. — When authorized by law or when directed by a vote of the district meeting to incur any expense for the district, trustees have the power to raise any such amount by tax in the same manner as if a specific sum had been voted by a district meeting ; and it is their duty to do so. Use of School Building. — The trustees of a district or any one of them, when not forbidden by another, may permit the use of the school building, when it is not in use for school pur- poses, for the purpose of giving and receiving instruction in any branch of education or in the science and f)ractice of music. If one trustee should object, the school-house could not be used for such purpose, even if the other trustees con- sented. TRUSTEES — POWERS AND DUTIES 9/ The use of the school buildings for religious or other purposes is a different proposition. In cases of this kind it has been a ruling of the State Department, to which all State Superintend- ents have adhered, that, where no objection is raised, the school-house may, in the discretion of the trustee or trustees, be used for such •purposes; but when any of the taxable in- habitants of a district object to the using of the school-house for religious services, Sunday- school, lodge or society meetings, etc., the trustee or trustees have not the authority to permit the school-house to be used for such purposes. Where a school-house is given for such use, upon appeal in due form to the State Superin- tendent, the trustees of such district will be re- strained from permitting the school-house to be used for such purposes. Trustees Shall Keep Accounts. — Trustees are directed by law to procure a blank-book in which they shall keep a correct account of all moneys received or disbursed by them, and of all orders drawn upon the supervisor, collector, or treasurer. They are also directed to provide a register for the use of the teacher, but as the State Depart- ment supplies registers to all schools, it is not necessary for trustees to provide them. 98 NEW YORK SCHOOL LAW Trustees Must Make Annual Reports to Dis- trict. — Trustees are required by law to make a written report to the annual meeting of the dis- trict. This report must cover all official business transacted by them during the year. It must show the amount of money the district received from the State, the amount of money raised by tax upon the district, and the amount received from all other sources. It must also contain a detailed statement of all money paid out, to whom paid, and the purposes for which it was paid. Trustees Must Make Annual Report to School Commissioners. — Trustees are required by law to make an annual report on the first day of August to the school commissioner in writing, and in the form prescribed by the State Su- perintendent of Public Instruction. Blanks are provided for this purpose and the report must include such general statistics as the State Superintendent requires. If the district is a joint district, trustees must make a report for each of the counties in which the district is lo- cated. This report must be filed with the town clerk of the town in which the school-house is located. Trustees Must Pay Balance to Their Succes- sors. — A trustee should pay immediately, upon TRUSTEES — POWERS AND DUTIES 99 the expiration of his term of office, to his succes- sor all moneys in his hands belonging to the district. Refusal of Trustees to Render Account. — Any trustee who shall wilfully neglect or refuse to make an annual accounting, forfeits any unex- pired part of his term of office and becomes liable to the trustees of the district for any money of the district in his possession. It is the duty of the trustees to sue such former trustee for such moneys, and when it is recovered to apply it for the use of the district. Certain Acts of Trustees Misdemeanors. — Any trustee or trustees who shall give an order upon the supervisor of their town, or the collector or treasurer of their district, for payment of teachers' salaries when there is not sufficient money appli- cable thereto in the hands of such officers is guilty of a misdemeanor. A trustee who appropriates public money for the payment of the salary of a teacher who is not legally qualified is also guilty of a misdemeanor. Moneys a Trustee May Receive. — A trustee has no authority to receive or hold any of the public money apportioned to his district by the State, nor to receive or hold any of the money raised by local tax upon the district. This* lOO NKW YORK SCHOOL LAW money must be received and held by the officers designated by law for that purpose, and paid by them upon the orders of the trustees. A trustee may receive money from the sale of real or per- sonal property of the district, from insurance due the district, from bonds of the district issued and sold by him, from tuition fees, and from other sources. When a district has a treasurer who has given sufficient bond, all such moneys re- ceived by the trustee should be immediately paid over to the treasurer. Liabilities of Trustees. — Trustees are respon- sible to their districts for any loss which the district sustains through their carelessness or neglect. REVIEW QUESTIONS Who is the most important officer of a school district ? Why.? What acts should he execute? What is his duty in relation to special meetings .' When may trustees give notice of school-district meetings ? What is the duty of trustees in relation to tax lists and warrants to collectors ? When may trustees purchase or lease a site ? When, may they purchase or build a school-house ? What amount may they expend for fuel, heating apparatus, school apparatus, furniture, etc., without a vote of^the district? Wno is the custodian of school property ? When a district meeting gives direction to insure school property, what is the duty of trustees in relation thereto ? What is the duty of trus- tees if a district gives no direction about insuring property ? What is the duty of trustees in regard to insuring libraries ? When may a trustee remove a teacher ? What is the duty of trustees in relation to employing teachers ? Who may establish rules for the discipline and government of a school ? Who can determine how such rules shall be en. REVIEW QUESTIONS lol forced? WhSse duty is it to provide courses of study for schools? By what orders may trustees pay teachers? When may trustees levy a tax in advance for teachers' sala- ries ? For what period in advance may the salary of teach- ers be raised by tax ? May a trustee raise such money without a vote of the district? When should trustees di- vide the public money in portions ? How should such por- tions be applied? What is the duty of trustees in relation to the erection and care of water-closets? What is the penalty for a failure or refusal to comply with this provision ? What amount maj' be expended by trustees in erecting such buildings? Who should keep school buildings in repair? What amount may be expended without vote of the dis- trict? What is the requirement in relation to staircases for school buildings? When should trustees abate nuis- ances ? What is the duty of trustees in relation to clean- ing rooms and employing janitors ? What amount may trustees expend, for a dictionary, maps, globes, or other school apparatus ? When may trustees establish tempo- rary or branch schools ? For what purposes may trustees permit the use of school buildings ? Wriat is the rule rela- tive to the use of school buildings for religious or similar purposes ? What record of accounts must trustees keep? To whom must trustees make reports ? What must these reports show ? With whom must the report to a school commissioner be filed ? What should trustees do with dis- trict funds in their possession upon the expiration of their term of office? What is the penalty for a refusal of a trus- tee to render an account as required bylaw? What acts of trustees are misdemeanors? What moneys has a trustee no right to receive ? What money may a trustee receive ? What should he do with suc"h money ? For what are trus- tees responsible to their district? CHAPTER VIII COMMON-SCHOOL DISTRICT OFFICERS. — {Continued.) CLERK, COLLECTOR, TREASURER, LIBRARIAN General Provisions [See Article 3, Title VII] Eligibility. — To be eligible to hold the office c/f clerk, collector, or treasurer of any common- school district a person must be a resident of the district and qualified to vote at its meetings and must also be able to read and write. In addition to these qualifications a treasurer must be a taxa- ble inhabitant of the district. Women possessing the above qualifications are eligible to these offices the same as men. These officers are pro- hibited from holding the office of trustee. If a person holding one of the above offices should accept the office of trustee, he would vacate the office held at the time he accepted the office of trustee. Term of Office. — The term of office of clerk, collector, or treasurer is one year, and in a new district the term of office of these officers elected a,t the first meeting expires at the next annual meeting held after their election. GENERAL PROVISIONS IO3 Election. — These officers must be elected by ballot at the annual meeting in the same manner that trustees are elected, and that is described fully in the chapter on trustees under the head- ing " Election." In a district having more than 300 children of school age, as shown by the last annual report of the trustees, -when such dis- trict has decided to elect its officers on the Wed- nesday following the annual meeting, the election of clerk, collector, and treasurer must be held on such Wednesday and in the manner described under the heading ' ' Election in Districts Having More than 300 Children of School Age, ' ' in the chapter on "Trustees." Notice of Election. — If any person elected to the office of clerk, collector, or treasurer should be present at the meeting at which such election occurred, his presence at such meeting is con- sidered sufficient notice of his election. The clerk of the district, or the person acting as clerk, should immediately notify in writing the persons elected to these offices, of their election, and un- less a written refusal to serve is filed by such persons within five days from the date on which they received notice of such election, they are deemed to have accepted the office to which they were elected. 104 NEW YORK SCHOOL LAW Penalty for Refusing to Serve. — Any qualified person elected or appointed to the office of clerk, collector, or treasurer, wlio files a refusal to serve, forfeits $5 ; and any such person elected or ap- pointed to any such offices, who does not file a refusal to serve, but who neglects or refuses to perform the duties of the office to which he was chosen, forfeits $10 and vacates the office. Bar to Recovery of Penalty. — Whenever a per- son elected to the office of clerk, collector, or treasurer shall file with the school commissioner having jurisdiction his resignation of such office and the school commissioner shall accept it and shall file such resignation and his acceptance thereof with the district clerk, such action is a bar to the recovery of any penalty for refusal to serve. Vacancies. — A collector or treasurer vacates his office by not executing, as required by law, a bond to the trustees, and where these offices be- come vacant for this or any other cause, or where there is a vacancy in the office of district clerk, such vacancies may be supplied by appointment by the trustees of the district. The persons ap- pointed to fill these vacancies may serve in such offices until the next annual meeting of the dis- trict and until other officers are elected and assume their duties. CLERK 105 Filing and Notice of Appointment. — Whenever an appointment to fill a vacancy in tfie office of the clerk, collector, or treasurer is made by the trustees of a district, such trustees should imme- diately file such appointment with the district clerk, who should immediately notify the person appointed of his appointment. Removal from Office. — For sufficient reasons the State Superintendent may remove a clerk, col- lector, or treasurer from office. The proceedings are the same as in the removal of a trustee. (Section 13, title i of Consolidated School Law.) CLERK [See Section 34, Article 4, Title 7] Duties. — (i) The clerk should keep a correct record of the proceedings of all district meetings, and record in a book provided for that purpose by the district a copy of all reports of the trustees to the school commissioner. (2) He should give notice as required by law of all special meetings called by the trustee, and give ■ notice also of the annual meeting. When the office of trustee is vacant, it is the duty of the clerk to call special meetings. He should also give notice of adjourned meetings as required by law. I06 NEW YORK SCHOOL LAW (3) He should immediately, upon the election or appointment of any district officer, notify such officer of his election or appointment, and should also report the names and addresses of such offi- cers to the town clerk of the town in which the school-house of the district for which such officers are chosen, is located. For a failure to file such notice, a penalty of $5 may be imposed for each and every such neglect. (4) He should notify trustees of every resigna- tion filed by the school commissioner. (5) He is required to preserve all records, books, and papers belonging to his office and to deliver them to his successor in office. For a refusal or neglect to do this he is subject to a fine of $50 for the benefit of the district, which fine is to be re- covered by the trustee. (6) Whenever a school district is dissolved he should deposit the records, books, and papers of such district in the town clerk's office, as required by the order of the school commissioner. (7) When required to do so by the board of trustees, he should attend their meetings and keep a record of the proceedings of such meetings in a book provided for that purpose. (8) He is also required by law to keep all books and papers of the district that are in his posses- COLLECTOR 107 sion open to the iaspection at all reasonable hours of any qualified voter in the district, and to perillit such voter to make copies of any such pa:pers dr records. COLLECTOR [See Section 80, Article 7, Title 7] Bond. — Before receiving a warrant for th6 collection of taxes, a collector should execute and deliver to the trustees a bond with one or more sureties and in a sum fixed by the district, or when the district fails to fix an amount, in such sum as the trustees shall name. The trustees upon approving such bond should file it with the town clerk of the town in which the district is located. *Duties. — It is the duty of the collector to col- lect the taxes included in any tax-list for the district when directed to do so in the warrant of the trustees of the district ; if the district has a qualified treasurer, to pay the taxes collected to such treasurer, and if the district has no treas- urer, to disburse the money collected, upon the order of the trustee of the district. The trustees of any district, except a district * The warrant of trustees, return of collettof, and all matters pertaining to the collection of taxes is treated fully in the chapter on " School-District Taxes." I08 NEW YORK SCHOOL LAW within a city or incorporated village, or a district having a treasurer, may direct that the collector of such district shall disburse the school moneys apportioned to the district by the State for the payment of teachers. After a collector executes a bond to the trus- tees, with two or more sureties approved by them for double the amount of the sum last ap- portioned to the district, such collector may receive from the supervisor of the town the moneys in his hands belonging to the dis- trict and applicable to the payment of the sala- ries of teachers. The collector should then dis- burse such money upon the order of the trustees. The bond should be approved by the trustees and filed in the office of the town clerk. Penalty for Neglect of Duty.— A collector is responsible to the district for any loss it meets through his negligence in failing to collect any tax which might have been collected within the limit prescribed by the warrant. (See section 87, article 7, title 7.) Fee. — A collector is entitled to a fee of one per cent on all moneys voluntarily paid to him within thirty days from the date on which he gives notice that a tax-list has been issued, and on all moneys paid after that time he is entitled TREASURER IO9 to five per cent. (See section 81 of article 7, title 7.) TREASURER [See Subdivision 5, Section 14, Article i, Title 7 and Section 35, Article 4, Title 7.] Determination of District to Elect Treasurer. — The qualified voters of a district may decide by a majority vote at any annual meeting, or at a special meeting called for that purpose, to elect a treasurer of the district. Upon such deter- mination, the district meeting may proceed to elect by ballot a treasurer, who may hold such office until the next annual meeting or until a successor is chosen and has qualified. Treasurer's Bond. — Within ten days after his notice of election, the treasurer should execute and deliver to the trustees of the district a bond in the sum fixed by the annual meeting or such sum as the trustees require, which should be at least double the amount of money such treasurer will receive, with at least two sureties approved by the trustees. When the bond is properly executed and approved by the trustees in writing, it should be filed with the district clerk. Duties of Treasurer. — The treasurer is the custodian of all moneys belonging to the district. no NEW YORK SCHOOL LAW After ttie treasurer has qualified by executing his bond, the trustees should pay to such treasurer all moneys of the district in their possession de- rived from any source whatever. The collector of the district should pay over to the treasurer all moneys collected by him under an5r tax -list and warrant issued by the trustees. The treasurer is also authorized to receive and has power to demand and receive from the super- visor of the town in which his school district is located, all money in such supervisor's hands and belonging to such district. The treasurer is to disburse the money held by him and belonging to the district, upon the order of the trustees of the district. The treasurer must also report to the trustees, when they require it, the condition of the treas- ury, and must also make a detailed report at the annual meeting covering all business transacted by him for the district during the year. LIBRARIAN The subject of librarian is treated fully in the chapter on " School District Libraries." REVIEW QUESTIONS Who is eligible to the office of district clerk ? Collector ? Treasurer ? What qualification must a treasurer possess that is not required of a clerk or collector? Are women REVIEW QUESTIONS III eligible to these offices ? What office are these officers prohibited from holding? What would be the effect if a person holding one of these offices should accept the office of trustee ? What is the term of office of each of these offi- cers ? What is the term when elected at the first meeting of anew district ? When are these officers elected ? When in school districts having more than 300 children of school age ? How must these officers be elected in either case? Who should notify these officers of their election ? What will be considered a notice of election ? What must these officers do if they do not desire to accept ? What is the penalty for refusing to serve in either of these offices ? What is the penalty for neglecting or refusing to serve in either of those offices without filing a refusal to serve ? What is a bar to the recovery of a penalty in either of these cases ? What is the result of a failure of the col- lector or treasurer to execute a bond as required by law? How may a vacancy in the office of district clerk, collector, or treasurer be filled? For how long does a person ap- pointed to fill a vacancy in any of these offices serve ? When an appointment is made by a trustee, what should be done with such appointment? How may these officers be removed from office ? What is the duty of a district clei k in relation to proceedings of district meetings ? In relation to notice of meetings ? Notification of election or appoint- ment of officers? Reporting list of officers to school com- missioners ? What is the penalty for a failure to file such report ? Whom should he notify of the Tesignation of school-district officers ? What is his duty in relation to the books, papers, and recoids of the district? What is the penalty for a failure to do this ? What is his duty in rela- tion to the records of dissolved districts ? In relation to proceedings of meetings of the board of trustees ? In rela- tion to inspection of district records ? What must the collector do before he can enter upon the discharge of his duties ? How many sureties must be given to his bond ? In what amount? Who should approve such bond? Where should it be filed? What is the collector's duty in relation to taxes? What should a collector do with the money collected ? What district may direct that the collector shall disburse the school money received from the State for teachers' wages? When may a col- lector receive from a supervisor the money due his district? For what is a collector responsible to the dis- trict ? To what fee is he entitled ? How may a district de- termine to have a treasurer? What bond must a treasurer 112 NEW YORK SCHOOL LAW give ? In what amount ? What is done with such bond ? What is the general duty of this officer ? From what three sources may he receive money for the district ? How should he disburse the money of the district ? What re- ports must he make ? CHAPTER IX UNION FREE-SCHOOL DISTRICTS ORGANIZATION (See Article i, Title VIII) History. — The first act providing for union free scliools was passed in 1853, and was incor- porated into the Consolidated School Act of 1864. The object was to create strong schools by unit- ing weak ones, and thus bringing more pupils and property to the support of a single school. How Formed. — Union free schools may be organized by a special act of the legislature, as many of them have been, or they may be organ - ized under the provisions of the consolidated school law. Call of Meeting to Form District. — The trus- tees of any school district should issue a call for a special meeting of the district, to determine upon organizing a union free-school district, when requested to do so by fifteen persons who are qualified voters in such district. This re- quest should be a written statement asking for such meeting, and addressed to the trustees. 8 I 14 NEW YORK SCHOOL LAW Meeting of Two or More Districts. — When it is desired to unite two or more districts to form a union free-school district, fifteen qualified voters of each district must sign a request for a meeting ; and when the trustees receive such request, they should issue a call for a joint meeting at some convenient place within such districts. Notice of Meeting.— Within ten days after the trustees have received such request, they should give notice of a meeting to be held at some suita- ble place in the district. The notice should also state on what day and hour the meeting will be held. The date chosen must be not less than twenty nor more than thirty days from the date on which the notice is given. When the trus- tees refuse or fail to give notice of the meeting the State Superintendent may direct any resi- dent of the district to give such notice. Method of Giving Notice. — In a district whose boundaries correspond in whole or in part to those of an incorporated village in which there is published a daily or weekly newspaper, the notice of such meeting may be given by posting copies of such notice in at least five conspicuous places in the district twenty days previous to the date of the meeting, and by publishing such notice once a week for three successive weeks in ORGANIZATION II 5 all papers published in such district. Personal service of notice of meeting is not required when notice is published in newspaper. In any other district notice shall be given by- posting copies in five conspicuous places in the district and by a personal service of such notice upon all qualified voters in the district, in the same manner as notice of special meetings in common-school districts is served. (See chapter on " Meetings in common-school districts.") "When two or more school districts are involved in these proceedings, notices must be given in each district. The notices in all cases should state the qualifications of voters at school district meetings. Failure to Notify all Voters. — A failure to notify all voters of this meeting will not render the proceedings illegal unless it can be shown that such failure was willful and fraudulent. Expenses of Notices. — All reasonable ex- penses for publishing such notices of meetings in newspapers are a charge upon the union free- school district, when it is organized. If such district is not organized, these expenses must be paid by the persons who signed the request for such meeting. No compensation is allowed for personal service of notice. Il6 NEW YORK SCHOOL LAW Procedure of Meeting. — A meeting duly con- vened for this purpose shall organize by elect- ing a chairman and a secretary. The next propo- sition to come before the meeting should be a resolution or motion to form a union free-school district. If the number required by law are pre- sent, a vote may be taken on this proposition. The meeting may adjourn from time to time by a majority vote, but not for a longer period than ten days. If the meeting should take affirmative action and vote to organize a union free-school district, the next step would be to elect trustees. The election of trustees is treated fully in chapter on " Officers of union free-school districts." Number Required at Meeting. — If the meeting consists of one district only, fifteen qualified voters must be present to vote on the proposition to organize a union free-school district; and if two or more districts are involved, there must be at least fifteen qualified voters present from each district, and a majority of those present and vot- ing will decide the question. Filing of all Papers and Proceedings. — When affirnaative action has been taken by a district on this question, copies of the request for such meet- ing, and of the call for and notice of such meet- ing, and of the minutes of the meeting, all duly ALTERATION AND DISSOLUTION 11/ certified by the chairman and secretary, must be filed with the town clerk of the town in which the district is located, with the school commis- sioner having jurisdiction, and with the State Superintendent of Public Instruction. Failure to Organize. — If the resolution to organize a union free-school district should be defeated, no further business can be transacted, except to vote to reconsider the resolution or to adjourn; nor can a meeting to consider such question be called again within one year. ALTERATION AND DISSOLUTION [See Article 5, Title VIII] Annexation of Common-School Districts. — A school commissioner may dissolve one or more common-school districts and annex the territory to a union free-school district, when such districts adjoin and when the boundaries of such union free-school district do not correspond to the boundaries of an incorporated village or a city. Before taking such action, a commissioner must obtain the written consent of the trustees of all districts concerned. Alteration of Boundaries by School Commis- sioner.— A school commissioner has the authority to alter the boundaries of any union free-school Il8 NEW YORK SCHOOL LAW district whose limits do not correspond to those of an incorporated village or a city, in the same manner that comAion-school districts are altered. Such district cannot be divided, however, when there is an outstanding bonded indebtedness against it. (See chapter on " School districts.") Dissolution of Union Free-School District. — When a meeting, regularly convened, organizes a union free-school district, such district cannot be dissolved within one year from the first Tues- day in August following the date on which it was organized. (See section 5, article i, title 8.) But any union free-school district which has been established for one year or more may be dissolved by a special meeting of the district with the approval of the commissioner. A meeting for this purpose should be called by the board of education when an application therefor is pre- sented to them, signed by at least fifteen resident taxpayers of the district. Action of Meeting. — The vote of a district meeting on this question should be taken by recording the ayes and noes ; and to receive favor- able action, the proposition to change from a union free-school to a common-school district must receive a two-thirds vote of the legal voters present and voting on the question. Whenever ALTERATION AND DISSOLUTION II9 the question fails to receive a majority vote, no further meeting for a similar purpose can .be held within three years from the date of the meeting held at which such vote was taken. Approval of Commissioner. — Whenever a dis- trict takes favorable action upon the proposition, it is the duty of the board of education of such district to present to the school commissioner having jurisdiction, certified copies of the call for and notice of such meeting and of the proceed- ings of the meeting. If the school commissioner approves the action of the district meeting, he should file a certificate to that effect with the board of education. But the change of such district to a common school district can not go into effect until the day preceding the first Tuesday of August next following. Disapproval of Commissioner. — If the school commissioner having jurisdiction, should refuse to approve the action of a meeting in voting to change from a union free-school district to a com- mon-school district, no meeting can be held in such district for a like purpose within three years from the date on which the meeting was held at which such vote was taken. Conditional approval of Commissioner. — A commissioner may make his approval of such I20 NEW YORK SCHOOL LAW proceedings upon the condition that the district which has been greatly benefited by consolida- tion in the way of buildings, improvements of site, etc., shall pay an equitable sum to each of the other districts into which the district will be divided. Division of Dissolved District. — The school commissioner having jurisdiction, has the au- thority to divide the territory of a union free- school district which has been dissolved as described in this chapter into common-school districts, and whenever a union free-school dis- trict which was established by the consolidation of two or more districts shall be dissolved, the commissioner may divide such territory into dis- tricts to correspond, so far as practicable, to the districts which had been consolidated. Transfer of Academies to Former Trustees. — When a district so dissolved shall contain an academy which was converted under the law into the academic department of the union free school of such district, the board of education must transfer such academy to a majority of the surviving resident former trustees or stockhold- ers, upon their application. Disposition of Money on Hand. — Whenever a union free-school district shall be thus dissolved ■ ALTERATION AND DISSOLUTION 121 and there shall be any money in the hands of the treasurer of such district, such money should be equitably apportioned among the school districts into which the union free-school district has been divided. When the treasurers or collectors of such districts are elected and have qualified, the money should be paid to them. Annual Meeting of Districts thus Formed. — The annual meeting of the districts thus formed from the territory of a dissolved union free- school district shall be held the first Tuesday in August which occurs after such districts have been formed. The electors of the districts thus formed shall elect district officers at such annual meeting in the manner required by law. Notification of Superintendent. — Whenever a meeting of a union free-school district has been duly convened and has voted to dissolve such dis- trict, and this action of the meeting has been approved by the school commissioner, copies of the call for and the notice of such meeting, and of its proceedings and their approval by the com- missioner, all duly certified by the board of edu- cation, should be forwarded to the State Superin- tendent of Public Instruction. Appeal to Superintendent. — Any person feel- ing aggrieved by the action taken in any of the 122 NEW YORK SCHOOL LAW proceedings in such cases, may bring an appeal to the State Superintendent, who has power to decide the matter, and his decision is final. REVIEW QUESTIONS When was the first union free-school law enacted ? What was the object ? In what two ways may union free- schools be created? How is the propriety of forming a union free-school determined ? Who calls the meeting? When ? How should this request be made ? How should the request be made when two or more districts are to be united? When such request is properly presented to the trustees what should they do ? What facts should the notice contain ? At what time after the notice has been given must the meeting be held ? How may the meeting be called when the trustees refuse to give the required notice ? What is the method of giving notice in a district whose boundaries correspond in whole or in part to those of an incorporated village in which there is published a daily or weekly newspaper? When is a personal service of notice not required? What method of giving notice in all other districts must be pursued? How must notice be given when two or more districts are involved ? What should all notices state ? What is the effect of a failure to notify all voters ? How are the expenses of publishing notices, etc., paid? If the district is not formed, how are they paid? Can compensation be allowed for personal service of notice ? How does the meeting organize? What is the next proposition to come before the meeting? When may a vote be taken on this proposition ? How may the meeting adjourn ? For what period ? If affirmative action is taken on the proposition, what is the next step to be taken? When one district is involved how many voters must be present in order that a vote may be taken ? How many voters must be present when two or more districts are involved? What vote determines the question? When affirmative action is taken what papers must be filed ? With what officials ? If the proposition to organize is defeated, what further business may be transacted ? When may another meeting to consider the matter be called? REVIEW QUESTIONS I23 When may a school commissioner annex the territory of a common-school district to a union free-school district? What must a commissioner do with such common-school district before annexing its territory? A commissioner may alter the boundaries of what union free-school dis- tricts? When can not the boundaries of these districts be divided? After a union free-school district has been organ- ized what time must elapse before it can be dissolved ? How may a union free-school district which has been established for more than one year be dissolved ? How is such special meeting called? When should it be called? How should the vote on this question be talcen? What vote is necessary in order to change to a common-school district ? When a proposition to change from a union free- school district to a common-school district is defeated, what period of time must elapse before another meeting may be called to consider such proposition ? What must be done with all papers in the proceedings when a union free-school district votes for such change ? What should the commissioner do if he approves the change ? When does the dissolution go into effect? If the commissioner fails to approve such action, when may another meeting for the same purpose be held ? When may a commissioner maice his approval conditional ? What is done with the territory of a union free-school district when such district has been dissolved ? When a district is thus dissolved and it had contained an academy which was converted into an academic department of such union free-school district, what must the board of education do with such academy? When a district is thus dissolved and there is any money in the hands of the treasurer of such district, what dispo- sition must be made of such money ? To whom should it be paid? When does the annual meeting of the districts formed from such dissolved district occur ? What papers relating to such dissolution must be filed with the State Superintendent of Public Instruction ? What appeal may be taken in these matters ? CHAPTER X MEETINGS IN UNION FREE-SCHOOL DISTRICTS [See Article 3 of Title VIII] ANNUAL MEETINGS Date. — The date fixed by law for the annual meeting of a union free-school district "whose boundaries do not correspond to those of an in- corporated village or a city, is the first Tuesday of August. In a union free-school district whose bound- aries do coincide with the limits of an incorpo- rated village or a city no annual meeting is held. The election of officers in such districts occurs at the charter election and the usual business of the district is transacted by the board of education. Annual Meetings of Boards of Education. — The annual meeting of a board of education of a union free-school district whose boundaries do not correspond to those of an incorporated vil- lage or a city, is held on the first Tuesday follow- ing the date on which the annual meeting of the district is held. But the annual meeting of a board of educa- tion of a district whose boundaries correspond to SPECIAL MEETINGS 12$ those of an incorporated village or a city is held on the first Tuesday following the date on which the annual charter election of such village or city is held. * Notice of Annual District Meeting.— The board of education should give notice of the annual meeting by publishing the same in two news- papers in the district, weekly for four weeks im- mediately preceding the date of the annual meeting. If there are not two newspapers pub- lished in the district, then such notice should be printed in one paper. If no newspaper is pub- lished in such district, then such notice must be posted in at least twenty conspicuous places for at least twenty days before the time of such meeting. (Sec. lo, art. 2, title 8.) SPECIAL MEETINGS A union free-school district whose boundaries do or do not correspond to the boundaries of an incorporated village or a city may hold special meetings. Such meetings must be called by the board of education. * It is necessary lo obtain a clear understanding between the law relating to a union free-school district whose boundaries cor- respond to those of an incorporated village or a city and the lam relating to one whose boundaries do not so correspond. 126 NEW YORK SCHOOL LAW Notice of Special. Meeting. — The notice of all special meetings should be given by the board of education and in the same manner that notice of annual meetings is given. The notice of such meetings may be signed by the president and the clerk of the board, but this must be done under the direction of the board. The notice should state explicitly when and where the meet- ing will be held and the purpose for which it is called. Failure to Notify all Persons Qualified to Vote- A failure to notify all persons who are qualified to vote at such meetings will not invalidate the proceedings of a meeting unless it can be shown that such failure was willful and fraudulent. (Title 8, sec. 13.) Powers of Annual and Special Meetings to Vote Taxes. — In any union free-school district whose boundaries do not correspond to those of an incorporated village or a city, the voters of such district may direct by a majority vote in an annual or a special meeting that a sum of money shall be raised by tax to change, increase, or im- prove the site of the school-house of the district, or to purchase a new site or to repair the build- ings or erect new buildings, or to buy apparatus and fixtures, or to pay the salary of teachers, or SPECIAL MEETINGS 12/ for any other purpose touching upon the welfare of the school. Similar action may be taken at a special meeting regularly convened of a union free-school district whose boundaries do coincide with those of an incorporated village or a city. Notice of Tax Proposed for School Buildings. No vote to raise money by tax to purchase a new site or to change or add to the present site, or to build a new school-house, can be taken at a dis- trict meeting unless notice that such proposition will be presented, specifying amount, has been given by the board of education in the same man- ner as the notice of an annual meeting is given. Designation of Site. — The designation of a site i?iust be by a written resolution describing the land by metes and bounds, and must receive a majority vote of those present and voting. The vote must be taken by recording the ayes and noes. The clerk of the meeting should make this record. Vote on Expenditure of Money.— On all propo- sitions arising at such meetings involving an ex- penditure of money or authorizing a tax levy, the vote must be by ballot or by taking and re- cording the ayes and noes. Directions as to Installments.— Such meetings may also direct that the money to be raised by 128 NEW YORK SCHOOL LAW tax shall be paid in one payment or that it shall be paid by installments. Rescinding Vote or Reducing Amount. — No vote requiring money to be raised can be res- cinded nor can the amount voted to be raised be reduced at a subsequent meeting, unless it is an adjourned meeting or a meeting called for such purpose. If it is a meeting called for such pur- pose, notice must be given in the manner in which all notices for annual and special meetings are given. The notices must state that the pro- posed reduction or the proposition to rescind the vote authorizing such money to be raised, will be voted upon. May Borrow Money and Issue Bonds. — When- ever an annual or a special meeting of a union free -school district whose boundaries do not cor- respond with those of an incorporated village or a city votes a tax to be collected in installments for the purpose of building a new school-house or for repairing or enlarging the school-house of the district or for the purchase of a new site or an addition to the present site, the trustees or boards of education are authorized by law to borrow the money necessary at a rate not to ex- ceed six per cent., and to issue bonds or other evidences of indebtedness therefor. The bonds SPECIAL MEETINGS 1 29 shall be paid at maturity and shall not be sold below par. In a union free-school district whose bound- aries correspond to those of an incorporated vil- lage or a city, the corporate authorities of such village or city may take similar action when a special meeting of the district has voted to raise a tax by installments for the purposes herein- before specified. (Section 9, title 8.) Sale of Such Bonds. — In a union free-school district whose boundaries do not coincide with those of an incorporated village or a city, the board of education of such district shall give notice of the time and place of the sale of such bonds, at least ten days prior to the date of such sale. This notice may be given by being pub- lished twice in each of two newspapers of the dis- trict, if there are two, and in one paper, if there is but one. If no newspaper is published in the district, then a notice of such sale must be posted in ten of the most conspicuous places of the dis- trict, at least ten days previous to the sale. The trustees having charge of the issue or payment of such bonds, are required to make an annual re- port thereof to the clerk of the board of supervis- ors of the county in which the district is located, on or before the first day of November. 9 I30 NEW YORK SCHOOL LAW In a union free-school district whose limits do coincide with those of an incorporated village or a city, such bonds must be prepared by the board of education and signed by the president and the secretary of such board and delivered to the treasurer of such incorporated village or city and countersigned by him. The treasurer of such village or city shall give notice of the time and place of the sale of such bonds in the same man- ner as it is required that boards of education of districts whose limits do not coincide with those of an incorporated village or a city shall give such notice. The proceeds of the sale of these bonds must be paid into the treasury of such incor- porated village or city to the credit of the board of education of such district. Tax for Teachers' Salaries. — After all moneys apportioned to union free-school districts for teachers' salaries have been applied therefor, the amount necessary to pay the balance of such un- paid salaries, if any, must be raised by tax, and the proper authorities may levy and assess such tax without a vote of the district. Union Free-School Districts Recognized as School Districts. — For the purposes of the apportionment and distribution of school money, REVIEW QUESTIONS I3I every union free-school district is regarded and considered a school district. REVIEW QUESTIONS What union free-school districts hold an annual meet- ing? On what date ? What union free-school districts do not hold an annual meeting? When does the election of officers occur in these districts ? How is the usual busi- ness of such districts transacted ? How may union free- school districts be classified according to their boundaries ? When does the annual meeting of the board of education of each of such districts occur ? Who gives notice of the annual meeting of a union free-school district ? How must such notice be given ? What union free-schools districts may hold special meetings ? How are such meetings called ? Who gives the notice of such meeting ? What must the notice state ? What is the effect of a failure to notify all qualified voters of such meeting ? How may a district whose boundaries do not coincide with those of an incorporated village or a city vote a tax for a site, buildings, apparatus, and other matters for the general welfare of the school ? How may a district whose boundaries do thus coincide vote a tax for such purposes ? For what purpose must a notice to vote taxes be given before such taxes can be voted ? How must such notice be given ? In what manner may a site be designated ? How must the ballot be talien ? How must all votes on a proposition involving an expenditure of money be taken? At what meeting can a vote to raise money be rescinded, or the amount to be raised be reduced ? If it is at a special meeting, what must the notice of such meeting state ? In what union free-school districts and for what purposes may a board of education borrow money and bond such districts? When may aboard of education do this ? What is the provision of law relative to the interest on the money borrowed and also the price at which such bond shall be sold? In other union free-school districts what officers may take similar action ? When ? Describe how notices of the sale of bonds shall be given in union free-school districts whose boundaries do not coincide with those of an incorporated village or a city. What reports are trustees required to make in relation to such bonds ? How are 132 NEW YORK SCHOOL LAW such bonds prepared in a district whose boundaries coincide with those of an incorporated city or village ? Describe how the sale of such bonds in these districts must be made. What is done with the proceeds of the sale of these bonds? When may a tax be levied and assessed upon a union free-school district for teachers' wages ? Is a vote of the district necessary ? Who may levy such tax ? What is meant by the proper authorities ? For what pur- poses are union free-school districts regarded as school districts ? CHAPTER XI UNION FREE-SCHOOL DISTRICT OFFICERS [See Sections 5, 6, and 7, Art. i, Title VIII] TRUSTEES Number. — The number of trustees in each union free-school district cannot be less than three, nor more than nine. The voters of the district at the meeting at which the iirst election occurs should decide on the number of trustees to be elected. Date of Election. — The election of trustees, after the first election, of a union free-school dis- trict whose boundaries do not coincide with those of an incorporated village or a city, must occur at the annual meeting of such district, which takes place on the first Tuesday in August in each year, except in districts having over 300 children of school age, when the election may be held as hereinafter stated. (See page 141.) The election of trustees in a union free-school district whose boundaries do coincide with those of an incorporated village or a city, must occur on the date of the annual charter election of such incor- porated village or city. The trustees in these 134 NEW YORK SCHOOL LAW districts should be elected in the same manner as the other officers of such incorporated village or city are elected. The ballots used in such elec- tion must be separated from the ballots for the other officers to be chosen at such election and must be endorsed " School Trustees." Method of Election. — These officers must be chosen by ballot. The ballots may be printed or written or partly printed and partly written. Ballot-boxes should be provided for the purpose. Inspectors should be chosen by the meeting, who should receive all the ballots, deposit them in the ballot-boxes, and, after the polls have closed, canvass the votes and announce the result. The candidate receiving a majority of all votes cast is duly elected. Classification of Trustees. — When a union free- school district is organized, the officers chosen at the first election shall be divided into three classes to be known as the first, the second, and the third class. The first class shall hold office for one year from the next annual meeting, if the district is one whose boundaries do not coincide with those of an incorporated village or a city ; and if the district is one whose boundaries do so coincide, then such first class shall hold office for one year from the date on which the next annual TRUSTEES 13s charter election of such incorporated village or city occurs. The second and the third class shall likewise hold office for two and three years re- spectively from these dates, according to the boundaries of the district. Term of Office. — After the expiration of the term of office of trustees elected at the first meet- ing of a union free-school district newly organ- ized, the term of office of trustees of such district is three years from the date of their election. A year in this sense means from the date of one election to the next fixed by law. Trustees form a Board of Education. — The trustees of union free- school districts constitute the boards of education for those districts. The board of education of a district is known and des- ignated as the " Board of Education of district number of the town of " Eligibility of Trustees. — In order to be eligible to hold the office of trustee, or to become a mem- ber of a board of education in a union free-school district, a person must be a citizen of the United States, and a voter of the district in which such person is elected, and must also be able to read and write. Women possessing these quali- fications are eligible the same as men. Not more than one member of a family can serve on 136 NEW YORK SCHOOL LAW a board of education in any district at the same time. (See sec. 8, tit. 8.) A school commissioner or supervisor is not eligible to be a member of a board of education. Hence, if a member of a board of education should accept either of these offices he would thus vacate his office as such member. (See section 5, article i, title 8.) Vacancies — How Filled, etc. — Vacancies in boards of education in any union free-school dis- trict may occur by death, by resignation, by re- fusal to serve, by removal from district, or by removal from office. When a vacancy does occur from any of these causes, the board of education should fill such vacancy at once by appointment. If the board of education should fail to fill such vacancy within thirty days from the date on which it occurred and if such vacancy is not filled by special election of the district within that time, the school commissioner having jurisdiction may appoint a qualified person to fill such vacancy. The State Superintendent of Public Instruction has the authority to order a special election to fill a vacancy in a board in any district, and when such special election has been ordered, the va- cancy shall not be supplied in any other manner. (See subdivision 12, section 15, article 4, title 8.) TRUSTEES 137 Removal from Office. — A board of education has the authority to remove any member of the board for official misconduct. The member charged with such conduct should be furnished with a written copy of specific charges, at least ten days before the date fixed for the hearing. The accused member should also be allowed a fair and impartial opportunity to refute the charges preferred against him. A member of a board of education may also be removed by the State Superintendent of Public Instruction for sufficient cause. In this procedure also, the accused member must receive, notice of the charges standing against him and must have a fair chance to re- fute or disprove them. A willful failure to per- form any duty required of him by the Superin- tendent, or a lack of proper diligence in obeying an order of the Superintendent, or any other willful violation or neglect of duty is sufficient cause for removal from office by the Superin- tendent. (See sections 1 5 and 29, article 4, title 8.) Boards Bodies Corporate. — All boards of edu- cation are corporate bodies, and all school dis- tricts municipal corporations. Boards Select Their President. — At the first meeting of a board of education and at each 138 NEW YORK SCHOOL LAW annual meeting thereafter, such board shall elect one of their number president. Appointment of Clerk of the Board. — The board of education of a district whose boundaries do not coincide with those of an incorporated village or a city may appoint one of their number, or some other qualified voter of the district, clerk of the board of education. A teacher employed in the district is also eligible to the office of clerk. The clerk must perform the clerical work of the district and of the board, and is entitled to the compensation fixed by the district meeting. If the district meeting fails to fix the compensation of the clerk, the board of education should fix it. If a vacancy occurs in the office of clerk, such vacancy may be supplied by appointment by the board of education. In a union free-school district whose boundaries coincide with those of an incorporated village or a city, the clerk of such village or city usually acts as clerk of the board of education. Appointment of Treasurer and Collector. — The board of education of a union free-school district whose boundaries do not correspond to those of an incorporated village or a city, has authority to appoint one taxable inhabitant of the district as treasurer and another as collector. These officers TRUSTEES 139 hold their appointments subject to the pleasure of the board. The treasurer is to hold and dis- burse upon the orders of the board the moneys of the district. The collector should collect the taxes on all tax-lists placed in his hands for that purpose and pay over such money to the treasurer. (In a district whose boundaries do coincide with those of an incorporated village or a city, the treasurer and the collector of such village or city act as the treasurer and the collector of such dis- trict. ) Bonds of Treasurer and Collector. — The treasurer and the collector shall each within ten days after written notice of their appointment, and before entering upon the discharge of their duties, execute and deliver to the board of edu- cation in the amount which they may require, a bond with proper penalties and sureties for the faithful discharge of their duties. Failure to Execute Bonds. — If either the treasurer or the collector should fail to execute the required bond within the specified time, the oflfice becomes vacant and the board should fill it by appointing another person. Librarian. — Boards of education have author- ity to appoint from time to time such librarians as in their judgment are necessary to take proper 140 NEW YORK SCHOOL LAW care of the libraries of the district. (See subdi- vision ID, section 15, article 4, title 8.) Who May Vote for Officers in Union Free- School Districts. — Where no provision is made by special enactment, the general law defines the qualifications of voters at union free-school dis- trict meetings. (See chapter on " Qualifications of voters.") Persons coming within these pro- visions may vote for officers at elections in these districts. The right of women to vote for the election of officers in a union free-school district whose boundaries coincide with those of an incorporated village or a city, is frequently claimed. The charters of cities or villages, or the special school acts governing the schools therein, in some cases contain a provision defining who may vote for members of the board of education. In such cases this special provision governs instead of the general law, and by it women might be debarred from voting. A provision that persons entitled to vote for members of assembly in such cities or villages would be qualified to vote for school officers, would exclude women ; but in the absence of any such special provision women, as well as men, may vote for school offi- cers, if they possess the requisite qualifications. DISTRICTS OF 3OO CHILDREN. I4I ELECTION OF OFFICERS IN DISTRICTS HAVING MORE THAN 300 CHILDREN. (See Section 14, Article 3, Title 8) Action of District. — In a union free-school district having more than 300 children of school age, which fact must be shown by the last annual report of the board of education to the school commissioner, a majority of the quali- fied voters at any annual meeting or at a special meeting called for that purpose, may decide that the election of trustees shall be held on the Wednesday next following the date fixed by law for holding the annual meeting of such dis- trict. Until such decision of the district shall be changed, the time for holding the election of offi- cers of such district shall occur on such Wednes- day, between the hours of twelve o'clock noon and four o'clock p. m., and the trustees may by a resolution extend the time of such election until sunset. When Notice is Required. — When the holding of such election is to be at some place other than the public school-house, the trustees shall give notice of the place at which the election is to be held, at least one week before the time for hold- ing such election. This notice must be given by 142 NEW YORK SCHOOL LAW publishing the same in some newspaper of the district or by posting it in three conspicuous places in the district. The election of members of the board of educa- tion in these districts must not be confounded ■with the annual meeting. The annual meeting of such districts must occur on the first Tuesday in August in each year, as required by law. All the business of the district to be transacted at the meeting of such district must be transacted at the annual meeting. The election of members of the board of education only, must occur on the Wed- nesday following the annual meeting and no other business can be transacted at that time. Inspectors of Election.— The board of educa- tion shall, act as inspectors of election. If a ma- jority of the members of the board should not be present at the time the polls should open, those members present may appoint any of the legal voters of the district who are present to act as inspectors in the absence of the members of the board. If none of the members of the board are present at the time the polls should open, the legal voters present may choose three of their own number to act as inspectors. Record of Voters. — The clerk of the board of education is required by law to keep a record in a EISTRICTS OF 300 CHILDREN I43 book provided for that purpose of the names of all voters who deposit their ballots at such elections. Refusal to Keep Record. — Any such clerk who shall refuse to keep such record or who shall neglect to perform his duties in this respect shall forfeit a sum of twenty-five dollars, to be sued for by the supervisor, of the town. Challenge of Voters. — Any qualified voter at such elections may challenge the right of any person to vote who he has reason to think is not entitled to vote at such election. Any person thus challenged must make the following decla- ration before his ballot can be accepted: " I do declare and afi&rm that I am and have been for thirty days last past an actual xesident of this school district and that I am legally qualified to vote at this election. ' ' Upon a challenged party's making such decla- ration, the inspectors of election must accept his ballot. Penalty for Illegal Voting. — Any person, who, being challenged, shall willfully make a false declaration of his right to vote, is guilty of a misdemeanor. Any person not legally qualified who shall vote at such election or district meet- ing, without being challenged, shall forfeit the 144 NEW YORK SCHOOL LAW sum of ten dollars, to be sued for by the super- visor of the town for the benefit of the school or schools of the district. Ballot-Boxes. — The board of education should provide at the expense of the district suitable ballot-boxes, in which the ballots of voters shall be deposited. Ballots. — These oflScers must be elected by- ballot. The ballots used must be either printed or written, or partly printed and partly written. Canvass of Votes. — The inspectors shall count the votes cast, after the polls have closed. If the number of ballots exceeds the number of names on the poll-list kept by the clerk, the inspectors shall withdraw ballots enough to make them cor- respond. The inspectors shall then count the votes and announce the nuraber cast for each candidate. Those receiving a majority of the votes cast, are elected to the various offices for which they received votes. The clerk should make a record of the result announced by the in- spectors. Special Election.— Whenever the time passes on which an election should be held, without the election's taking place, the board of education may call a special meeting for such election. If the board fails to call such election within twenty DISTRICTS OF 30O CHILDREN 145 days after sucli time has passed, the school com- missioner having jurisdiction, or the State Super- intendent of Public Instruction, may order any inhabitant of the district to give notice of a special meeting for such election. This notice must be given by being published in two news- papers of the district once each week for four weeks, and if two newspapers are not published in the district, but one is, the notice may be pub- lished in such paper. If no paper is published in the district, then such notice must be posted in at least twenty of the most public places in the district at least twenty days prior to the date on which the meeting is to be held. Terms of Officers Chosen at Special Election. — The officers chosen at a special election shall serve until the date of the next annual meeting, and until their successors have been elected and have qualified- Settlement of Election Disputes. — All disputes relating to the regularity of these elections and to any acts of the inspectors or clerk should be referred to the State Superintendent for settle- ment. His decision in such matters is final. Limitation of These Provisions. — These pro- visions do not apply to union free-school districts in cities, nor to any union free-school district 10 146 NEW YORK SCHOOL LAW whose boundaries coincide with those of an incor- porated village. Nor can such provisions apply- to any union free-school district organized by a special act in which the time and method of electing officers in such district shall be fixed by a special provision which differs from the general law. Nor do these provisions apply to any of the union free-school districts of the counties of Suffolk, Chenango, Warren, Erie, and St. Law- rence. The election of officers in any union free-school district of any of these counties, whose boundaries do not coincide with those of an incorporated village or a city, must be held on the first Tuesday in August, the date of the an- nual meeting. REVIEW QUESTIONS How many trustees in a union free-school district ? How- ls the number determined ? When does the election of trustees in union free-school districts whose boundaries do not coincide with the boundaries of an incorporated village or a city occur ? When in districts whose boundaries do thus coincide ? In the latter case how are such trustees elected? What is the requirement relative to ballots? In all cases how must trustees be chosen ? What kind of ballots must be used ? How are inspectors chosen at such election ? What are their duties ? How should the first trustees of a union free-school district be classified? For what period does each class hold office? What is the regular term of office ? What is one year in this meaning ? What constitutes a board of education ? How is a board of education named ? Who are eligible to membership on a board of education ? Are women eligible? When? How many members of a family may serve on the same board ? REVIEW QUESTIONS 147 Is a school commissioner eligible ? A supervisor ? If a member of a board of education should accept either of these offices, what would be the result ? How may vacancies on a board occur? When a vacancy does occur how should it be filled ? Who may order a special election to fill such vacancy ? If it is not filled by the board of education within twenty days and if a special meeting is not called within that time, how may such vacancy be filled ? For what reasons may a board remove any of its mem- bers ? What are the proceedings in such cases ? What privileges should be allowed the accused member? By what other authority may a member of a board be removed ? What are considered sufficient causes for removal ? What are the proceedings in such cases ? How is the president of a board of education chosen ? When ? How is a clerk chosen ? What are the qualifications of a clerk ? What are a clerk s duties ? Who determines the compensation of a clerk ? Who is clerk of the board of education of a union free-school district whose boundaries coincide with those of an incorporated village or a city? How is a treasurer chosen in a district whose boundaries coincide with those of an incorporated village or a city ? A collector? Who are eligible to these offices ? For what period are they appointed ? What is the duty of the treas- urer? Of the collector? What bond must each of these officers give ? Within what period? For what amount? What is the effect if these bonds are not given ? How are such vacancies filled ? What is the duty of a board in rela- tion to librarians ? Who are entitled to vote for officers in union free-school districts ? In what cases may women vote for these officers ? In what oases are they not entitled to vote ? What union free-school districts may elect officers on the Wednesday following the annual meeting? When ? Between what hours must such election occur? Until what time may the election be extended ? Where is such election held ? When may it be held elsewhere ? What notice must be given of such change of place ? What business only, can be transacted at such election ? When must the annual meeting of such district be held? Who act as inspectors at such election ? If a majority of the board are not present at the opening of the polls, how are such vacancies filled ? If none of the members of the board are present, how are inspectors chosen? 148 NEW YORK SCHOOL LAW What poll-list should be kept ? By whom ? What is the penalty for refusal to serve in this capacity? Who may offer a challenge at such election ? What affirmation must the challenged person make ? Upon his making such affirmation what must the inspectors do? What is the penalty for making a false declaration ? What is the penalty for illegal voting when not challenged ? How is such line collected? For what purpose should it be used ? By whom should ballot-boxes be supplied? How must officers be elected at these elections ? What kind of ballots may be used? Describe how the votes cast should be counted ? When should a board of education call a meeting for a special election ? When may a school commissioner order such election ? The State Superintendent ? What notice must be given of such election ? For what period are the officers elected at such special meeting chosen ? How are all disputes relating to such elections settled ? To what districts do not these provisions for election of officers apply ? CHAPTER XII BOARD OF EDUCATION — POWERS AND DUTIES (See Article 4, Title VIII) Adopt By-Laws for Its Government. — A board of education has authority under the law to adopt such by-laws and rules for its government as it shall deem necessary to discharge properly the duties imposed upon it by law. Adopt Regulations for Schools. — A board has authority also to adopt such rules and regulations as it shall deem wise and necessary for the pro- motion of the educational interests of the district, for the preservation of order and discipline in the schools, and for the protection of the district's property. While a board has authority to adopt general rules to govern a school and to aid in the disci- pline thereof, such authority must not be con- strued as giving the board absolute power to control the discipline and order of the school. General rules may be adopted by the board, but the teacher is the authority to execute such rules, and may determine a mode of punishment not in conflict with the rules of the board. IJO NEW YORK SCHOOL LAW A teacher has authority also to establish such rules for the preservation of order as are not in conflict with the rules adopted by the board. Courses of Study. — It is the duty of boards of education to arrange courses of study for the schools under their jurisdiction, to determine in what manner pupils shall be graded or classified, and to determine the basis upon which pupils shall be promoted from grade to grade, or from one department to another department. (See chapter 25. " Methods of instruction and pro- gram of work.") By special provision of law, boards of educa- tion are required to provide for instruction in physiology and hygiene, with special reference to the effects of alcoholic stimulants and narcotics upon the human system. Prescribe Text-Books. — They are to prescribe the text-books to be used in the schools under their charge, and to require a uniformity in the use of such books. They shall also furnish text- books to poor pupils out of any moneys provided for that purpose, and free text-books for all pupils when funds have been voted therefor. Purchase Sites. — When directed to do so by a district meeting, boards of education should pur- chase a site or sites or an addition to a site or sites for school-houses. BOARD OF EDUCATION 151 Erect and Repair Buildings. — They should construct a school-house or school-houses when directed to do so by a district meeting, and should keep the school buildings in good repair. Purchase Furniture, Apparatus, etc. — A board of education has the authority to purchase all necessary furniture, apparatus, fuel, and other necessaries, and to keep the furniture and appa- ratus in good repair. May Hire School Rooms and Furnish Them.— When the rooms in a school-house are over- crowded and the capacity of a school -house is in- sufficient to accommodate all the pupils, or when the school-house has been injured or destroyed in any way so as to render it unfit for use, the board of education may hire suitable rooms in which to conduct the school, and may fit up and furnish such rooms in a suitable manner, for the purpose of conducting school therein. Insure School Property.— The board should insure all school buildings and appendages thereof owned by the district, the furniture and apparatus, and the library, in some company or companies created by or under the laws of the State of New York. The board has power to com- ply with the provisions of the policy and to raise the premiums thereof by a tax upon the district. 152 NEW YORK SCHOOL LAW Custody of Property. — The custody and pos- session of all public school buildings, sites, lots, furniture, books, apparatus and all school prop- erty, and the title to the same are vested, in union free-school districts, in the board of education in each of such districts. For any and all purposes this property is exempt from taxation. May Sell Property and Exchange Real Estate. — When a board of education is so authorized by the qualified voters of any district, it may sell at such price and upon such terms as directed, any former lot or site and any real estate the title of which is vested in the board, and any buildings or appurtenances thereon. The board has authority also to convey any such property by deed and to execute the same, which may be done by a majority of the members of the board. Any money realized from the sale of such prop- erty -must be applied by the board as directed in a resolution by the voters of the district. The board may also, when so directed, ex- change any real estate belonging to the district for the purpose of improving or changing the school-house site. May Hold Real Estate in Trust. — A board of education may take and hold any real estate for the use of the schools or any department of the BOARD OF EDUCATION 1 53 scliools of their district, transmitted to the dis- trict by gift, grant, bequest or devise; or any gift, legacy, or annuity given or bequeathed to • said board. Such board must apply the same, or the interest or proceeds thereof, as directed by the donor or testator. Control of Schools.— Boards of education of union free schools have in all respects the su- perintendence, management, and control of such schools. In such control and management a board must be governed by the statute, and by the general power given the State Superin- tendent. Establishment of Academic Department. — The power to establish an academic department is vested in the board of education. This may be established whenever the board deems it neces- sary. Admission of Non-Resident Pupils to Academic or Other Departments. — The admission of non- resident pupils to the academic or other depart- ments shall be under the regulations adopted by the board of education, and the fee to be charged such students for this privilege shall also be regu- lated by the board. Whenever the parent or the guardian of non-resident pupils shall be taxed for school purposes, because of property owned by 154 NEW YORK SCHOOL LAW either of them and assessed in the district at which such non-resident pupils attend school, the amount of tax thus paid must be deducted from the tuition fee to be paid. Employment of Teachers. — It is the duty of a board to employ all teachers required for the schools under their jurisdiction and the depart- ments thereof. Such teachers must be legally qualified, as required by law. No teacher who is related by blood or marriage to any member of a board can be employed as teacher by such, board, except upon the written consent of two- thirds of the members of the board, and the fact of such consent must be entered on the proceed- ings of the board. It is the duty of each board at the time of employment to deliver or cause to be delivered to each teacher, a written contract, signed by the members of the board or by some person duly authorized to represent the board. This contract should express the terms of agreement between the board and the teacher, and should be explicit as to the amount of compensation, term of em- ployment, the times when salary shall be paid, and the grade of teaching or department in which the teacher is to be employed. The salary must be paid under the law as often as at the end of BOARD OF EDUCATION 155 each calendar month of the term of employment. Boards are also directed to pay the wages of teachers out of money appropriated for that pur- pose. Removal of Teachers. — A board of education cannot remove a teacher during his or her term of employment except for " neglect of duty, incapacity to teach, immoral conduct, or other sufficient cause." May Fill Vacancies in Board — May Remove Members.— The board of education may fill any vacancy which may arise on such board. A board may also remove any of its members for official misconduct. But first, the board must serve on the member thus charged, a copy of the written charges, which must be specific; and this copy must be served on such member at least ten days before the date fixed for the hearing. The ac- cused must also be allowed a full and fair oppor- tunity to refute the charges thus made. Water-closets, Stairways, etc. — It is the duty of a board of education to provide two suitable and convenient water-closets for each of the schools under their charge, as required by law, and the board must keep them in a clean and wholesome condition. Any tax involved for this purpose may be levied and assessed upon the 156 NEW YORK SCHOOL LAW district without a vote at a district meeting. (See chapter on "Sites and school buildings," p. 183.) The board shall also cause to be erected and maintained on the outside of all school buildings which are more than two stories high, proper stairways with doorways leading thereto from each floor above the first, for use in case of fire. The tax for this purpose may likewise be levied by the board without a vote of the district. General Powers and Duties. — By provision of law, boards of education possess all the powers and privileges and are subject to the same duties in relation to common schools or common-school departments in any union free school in said district which are possessed by the trustees of common schools or to which such trustees are subject under the school law and which are not inconsistent with the provisions of law govern- ing union free schools. When an academic de- partment has been established by a board, the board possesses the same powers that are held by the trustees of academies. Board May Appoint Superintendent of Schools. — In an incorporated village or in any union free-school district which has a population of five thousand or more, the board of education may appoint a superintendent of schools. The BOARD OF EDUCATION I 57 population of such district or village shall be ascertained by an enumeration of the inhabitants therein ; the expense of such enumeration shall be a charge upon the district. Such superintend- ent shall be under the direction of the board of education and the board shall prescribe his duties and fix his compensation. He may be removed from office by a majority vote of the board. A district thus employing a superintendent is entitled to receive from the State, in its appor- tionment of the State school moneys, the addi- tional sum of eight hundred dollars. Record of Proceedings. — Boards are required to keep an accurate record of all of their proceed- ings in books provided for that purpose, and these records must be open to the inspection of qualified voters of the district at all reasonable hours. Must Publish Statement of Receipts and Dis- bursements. — Boards of education are required by law to publish each year at least twenty days immediately preceding the annual meeting of the district a full and complete detailed account of all moneys received by the board or by the treasurer and of each item of purchase or expense and the amount thereof. This may be published in a newspaper ; but if no newspaper is published in 158 NEW YORK SCHOOL LAW the district, the statement must be posted in at least five public places in the district. Board Should Report Estimated Expenses. — The board should report to the annual meeting an estimate in writing of the money needed for school purposes for the ensuing year. This re- port should state the purposes for which the money will be needed and the amount for each of such purposes. Such statement could also be presented at a special meeting called for that purpose. Vote on Taxes for Such Estimate. — In a union free-school district whose boundaries do not coin- cide with those of an incorporated village or a city, the annual or special meeting, upon receiv- ing such estimate, should vote upon levying taxes to meet such estimated expenditures. If de- manded by any voter, a separate vote should be taken upon each item. The meeting may increase the amount for any item and may decrease the amount for any item, except for teachers' wages and contingent expenses. Board May Levy Tax Without Vote. — If a meeting should neglect or refuse to vote the esti- mated amount for teachers' salaries, the board, after applying all available funds therefor, may levy a tax upon the district for the balance of the BOARD OF EDUCATION 1 59 money needed, without a vote of the district to authorize it. The same action may be taken by the board on the amount estimated for contingent expenses. Settlement of Disputes on Contingent Ex- penses, — All disputes that may arise as to what contingent expenses are, should be referred to the State Superintendent, and his decision shall be final. City or Village Authorities May Levy Tax. — Boards of education in union free-school districts whose boundaries coincide with those of an in- corporated village or a city, should prepare a written statement, addressed to the corporate authorities of such village or city, showing the amount of money necessary for teachers' wages and for the ordinary contingent expenses of the district. The statement should be specific, show- ing the several items and the amount of money therefor for which it is proposed to make an ex- penditure. The corporate authorities, upon the receipt of such statement, should levy a tax upon the real and personal property of their village or city, in the same manner that taxes are levied for the expenses of the municipal government, and for the same amount that the board of education claimed in their statement would be necessary for school purposes. Such corporate l6o NEW YORK SCHOOL LAW authorities have no discretion in the matter what- ever, but are required to levy such tax. Whenever the voters of such union free-school districts shall have decided at a special meeting, duly convened, to expend any amount for a new- site, in addition to the present site, or for the erection of school buildings, or for apparatus or fixtures, or for any other purpose for the wel- fare of the school system of such district, the said corporate authorities must also raise such amount by tax in the same manner as for any other corporate purpose. (Section 9, article 2, title 8.) Regular Meeting. — Boards of education are required by law to hold regular meetings at least once each quarter, and they may hold them oftener. The meetings of a board shall be public and any legal voter of the district may be present. Boards may, however, hold executive sessions, and at such sessions only members of the board or those invited by the board shall be present. Visitation of Schools. — Boards shall appoint from their members visiting committees, whose duties shall be to visit the schools and depart- ments under their supervision at least twice each quarter and to present a report to the board at its BOARD OF EDUCATION l6l next regular meeting after any such visits have Tieen made. Application of School Moneys. — Boards of education must use all moneys received for com- mon schools, for the support of schools below the .academic department. Such moneys cannot law- fully be used for the support of an academic department. The money received from the literature fund or from any other source for an academic department must be applied to the sup- port of such department, and cannot legally be used for the support of any other department. Money to be Held by City or Village Treas- urer. — All moneys raised for the support of union free schools in any city or incorporated vil- lage, or apportioned to such districts from the income of the literature, the common-school, or the United States deposit funds, or from any other source, must be paid into the treasury of such city or district. This fund must be kept by the treasurer separate from all other funds in his possession. The treasurer is also required to give such additional security for the safe keeping of this money as the corporate authorities may require. How Money Shall be Disbursed. — Before any of such money shall be disbursed the board of II l62 NEW YORK SCHOOL LAW education must pass a resolution directing what amount shall be expended and the purpose or purposes for which it shall be used. Upon such resolution of the board, drafts shall be drawn by the president and countersigned by the secretary or clerk. These drafts should show the pur- poses for which the money is expended. Moneys to be Held by Treasurer of Board. — All moneys raised in a union free-school district whose* boundaries do not coincide with those of an incorporated village or a city, and all moneys apportioned to such districts from any fund or source shall be paid to the treasurer of the board of education. Disbursement of Such Moneys. — Moneys in these districts shall be disbursed in the same man- ner as they are by treasurers of incorporated vil- lages or cities. Supervision of State Superintendent. — The State Superintendent of Public Instruction has general supervision of each and every union free school and all their departments. He also has general supervision of boards of education and their management of the school system. Boards to Make Reports. — On the first day of August of each year every board of education must file with the town clerk of the town in BOARD OF EDUCATION 163 which the school-house of its district is located, a report to the school commissioner having juris- diction, for the school year ending July 31st preceding. The report should include all infor- mation required by law and all that the State Superintendent of Public Instruction shall re- quire. Boards of education must also, upon the request of the State Superintendent of Public Instruction, make a special report to him on any designated subject relating to the condition of their school or schools. Authority of Regents Over Academic Depart- ments. — The Regents of the University of the State of !N ew York are authorized to visit any aca- demic department organized in a union free-school district. The Regents employ inspectors for this purpose. All matters pertaining to'the course of study in such academic departments shall be sub- ject to the regulations adopted by the Regents. The qualifications for entrance to such depart- ment must be as high as those established by the Regents for participation in the literature fund. The Regents have no authority over the buildings in which an academic department is conducted. Board of Education May Adopt an Academy as an Academic Department. — If an academy exists in a district organized as a union free- t64 new YORK SCHOOL LAW school district , the board of education, if directed by a vote of the district to do so, may adopt such academy as the academic departmentof the union free-school district. Consent to such transaction must, of course, be obtained from the trustees of such academy. The trustees of such academy, when they have given such consent, should pass a resolution declaring their office as trustees vacant. A certificate to the effect that such resolution, was adopted should be signed by the officers of the board of trustees of such academy and filed in the office of the clerk of the county in which such academy is located. After these various steps have been taken such academy be- comes the academic department of such union free school. Board May Lease an Academy. — Whenever a board is directed to do so by the voters of a dis- trict it may lease an academy and site in such district and conduct the academic department of the school district in such building. Expenses of Representatives of Boards of Education To Attend Educational Meetings Is Not a Proper Public Charge. — In July, 1899, the clerk and two members of the board of education of the city of Syracuse attended the annual meet- ing of the National Educational Association REVIEW QUESTIONS 165 at Los Angeles, Cal. These representatives attended under direction from the board of edu- cation. Their legitimate expenses in attending this meeting were audited by the board of educa- tion. An action was brought by a tax-payer of the city of Syracuse to restrain the board of education from paying these expenses. The supreme court held that such expenses were not a proper public charge. An appeal was taken from the action of the court to the appellate division. This court for the fourth department affirmed the action of the supreme court. There is no doubt but that the ruling of the court in this matter applies to the powers of each board of education in the State. (52 App. Div. 579.) REVIEW QUESTIONS How are rules tor the government of a board of educa- tion adopted ? What regulations may a board adopt for schools? Explain the relation of a teacher to such regulations ? Who is the proper authority to adopt courses of study for union free schools? Who determines how pupils shall be graded, classified, and promoted ? In what subject are boards of education required by special provision of law to provide for instruction ? What authority has a board of education in determining the text-books to be used in their school ? When may a board provide text-books for pupils? When may a board purchase a site? Erect buildings? l66 NEW YORK SCHOOL LAW Repair buildings? Purchase furniture or apparatus? Hire school-rooms and furnish them? What is the duty of a board in relation to insuring property? How may premiums for such insurance be raised? Who is the cus- todian of the property owned by a union free-school district? What does such property include? Is such property subject to taxation ? When may a board sell real property of the district? How is title to such property transferred? What dispo- sition must be made of the money thus realized ? When may a board exchange real estate? What power has a board relative to holding property in trust ? What general control of schools under its jurisdiction has a board of education ? By what authority is the con- trol of aboard limited? Who determines the conditions under which non-resident pupils are admitted? What is the law relative to tuition of such pupils in cases where their parents or guardians are taxed for school purposes ? By whom are teachers employed? What prohibition is there relative to the teachers that a board may employ ? What is the law relative to the contract between teachers and board? What should such contract express? For what causes may a board remove a teacher? What power has a board of education to fill a vacancy on such board? What power has a. board to remove any of its members? What is the duty of a board in providing water-closets and in lieeping them in proper condition ? What in relation to outside stairways? What general powers of trustees of common-school districts are conferred upon boards of education ? What powers of trustees of academies ? When may a board of education appoint a superintend- ent of schools ? How is the population of such district determined? By whom are the duties of such superintend- ent prescribed? How may he be removed from ofRce? What amount is such district entitled to receive from the State for employing such superintendent? REVIEW QUESTIONS 167 What records are boards required to keep ? Who may inspect such records? State fully what is required of boards relative to publishing receipts and disbursements. What estimates are boards required to present to annual meetings ? What action should be taken upon such esti- mate at a district meeting? What estimates may be re- duced ? What estimates cannot be reduced ? What esti- mates may be increased? If a district meeting should refuse to vote a tax for teachers' salaries, what action may a board take? What in case of contingent expenses? How may disputes relative to contingent expenses be settled ? When should a board of education present an estimate to the corporate authorities of a city or village? For what should such estimate be made? What is the duty of such corporate authorities when such estimate is properly presented to them ? What is the duty of such corporate authorities when the district has voted an expen- diture for sites or buildings? What meetings must boards of education hold ? How often ? Must these meetings be public? What are execu- tive meetings ? What provision should a board make for visitation of schools ? What use must be made by a board of the money appor- tioned for common-schools? How must the money received from the literature fund or for an academic department be used? Who holds the school funds in a union free-school district whose boundaries coincide with those of an incorporated village or a city? How must the funds of such district be kept? What additional security must such treasurer give? How are the funds of such district disbursed ? Who holds the funds of a union free- school district whose boundaries do not coincide with those of an incorporated village or a city ? How are such funds disbursed ? What supervision has the State Superintendent over union free schools? Over boards of education? What l68 NEW YORK SCHOOL LAW reports are boards of education required to make ? When ? To whom ? Where should such report be filed ? What information should it contain ? What authority has the board of regents over academic departments of union free schools ? When may an academy be adopted as the academic department of a union free school ? State fully what steps should be taken in proceedings of this kind. When may a board lease an academy and its site ? CHAPTER XIII VOTERS AT SCHOOL DISTRICT MEETINGS — QUALI- FICATIONS, CHALLENGES, ETC. [See Sections ii and 12, Art. i, Title VII] Note. — The qualifications of voters in union free-school districts are the same as those of voters in common-school districts. No distinction is made by law between the qualifications of voters in these two classes of districts or in the penalty for illegal voting. By the provisions of this section of the Consolidated School Law, there are four classes of persons entitled to vote at school district meetings in this State. These classes are clearly defined in a circular letter issued by the State Superintendent of Public Instruction, as follows : Who Are Voters. — Four classes of persons are entitled to vote at school district meetings. All voters must have the following general qualifications : General Qualifications. 1. A citizen of the United States. 2. Twenty-one years of age at least. 3. A resident within the district for a period of at least thirty days next preceding the meeting at which he or she oflFers to vote. Any person who possesses the above general qualifica- tions and any one of the four following special qualifica- tions is entitled to vote. 170 NEW YORK SCHOOL LAW Special Qualifications. 1. One who owns or hires, or is in the possession under a contract of purchase of real prooerty in such district liable to taxation for school purposes. 2. One who is the parent of a child of school age, pro- vided such child shall have attended the distnct school in the district in which the meeting is held for a period of at least eight weeks within the school year preceding such school meeting. 3. One who, not being the parent, has permanently resid- ing with him or her a child of school age who shall have attended the district school for a period of at least eight weelw<»-Tt*it»fl^giiMaMfci