^nsti';i;tlii-.ni5,i'U-S;?ftjf3i5St-': {:; -.si-; ;;:! ; ■ nH!rU;',f?'--ri :■ ! S'Vt' BookJVjsT / Copyright }\^° i^d^ COP\T?IGHT DEPOSIT. \ A TEXT BOO ON y New York school Law INCLUDING 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 Classes/ Teachers and School Officers • • • r * ( • • • > • • • % 1 '•• •• • 1 • • • • > • •••• •>>> » > -» > 1 •> > > • • • • • !• • • ' I I • • • I : ••• **" . ALBANY, N. 1902 Y. ■*• > V ^X^s V' ,^'V N^ 'J' THE LIBRARY OF CONGRESS, T>*«5 Coptee Rechived JUL. 15 1902 rvCOPVRIQHT ENTRY CiSkss /VxXa No 3 U ^ ]. (= COPY 8. Copyright 1902, BY Thomas E. Finegan. Albanx, 5^, ,Y.,; , Weed-Pa'rjs'on? pRT^Ti.f'iG Cc.; PREFACE In preparing this work the author has endeav- ored to arrange in systematic 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 Pa^es State Superintendent of Public Instruction... . 1-9 CHAPTER II School Commissioners — Commissioner Districts, 10-31 CHAPTER III Duties of Supervisors, Town Clerks, County Treasurers, District Attorneys, and County Judges in relation to school matters. 32-44 CHAPTER IV School 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 102-112 CHAPTER IX Union Free School Districts — Organization, Etc., 1 13-123 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 vil 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 321-360 CHAPTER XXVI University of the State of New York 361-374 CHAPTER XXVn Appeals to the State Superintendent of Public Instruction S75~3^4 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, 18 12, 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, 181 3 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 /th 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 teacher^, 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 o± 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 oflScer 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 t^s 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 1812 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 84 1, 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 13 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 1 880 renders women eligible to this office. The * Section 3 of the " Public Officers Law " of 1892 provides that 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 womnn entitled to vote for school com- missioners ? SCHOOL COMMISSIONER I 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 1894 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 Ttmo\ e her name from the registry, but refused to-do so. An ap- plication was then made to 1 ju&ti^ ^ 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 1/ 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 qilestion conferring upon women the right to vot^- for school commissioner was a direct contr^^'^entiotf 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 must 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 I9 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 office 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 office. If a person elected to the office 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 office, 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 1896," 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 by law. (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 COMiMISSIONER 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 $i,8oo. 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 office 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 m 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.— V^hon 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.— '^h.Qn, 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 $800 in his estimate of the amount necessary for the erection of a building. The legislature of that year amended the law by removing this limit an4 leaving the amount to the discretion of the commissioner. SCHOOL COMMISSIONER 2$ 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 vSuper- 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 o-round than that of immoral conduct. Aduiijiister 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.— ^hen 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 1863 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 ? WTiat compensation did commissioners receive ? What change 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 were these offices aboHshed? 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 ofiice ? 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 may be 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 his 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, any 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 ofEce. 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 towUv^i 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 offi.ce 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 3/ 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 vSuperin- tendent or the school commissioner for such dis- tribution. The documents which 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 Bonds of Treasurer and Collector. — A town clerk should receive and file any bond given by a collector or treasurer of any school district in his town, and enter memorandum 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 be 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 without 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 adjoinmg town assist in such matters ? What compensation does he re- ceive for this service ? , , , .• x 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 mav 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 ot 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? What 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. — P'or the school year end- ing July 31, 1 901, 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 Systeni. — 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 1812, 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 same 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. — The 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 should 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 inclus3ive. 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 50 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^ 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 office ; 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 scliool 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 by 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 56 NEW YORK SCHOOL LAW who lias 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 hearings 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 57 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 the 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 proceedings 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 territoty 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 pubfic 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 di-strict 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 attnched 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 ? W^hat 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 order be 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 ofllicers 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 60 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 $5 for the benefit of the district. Powers of Such Meeting.— The first meeting of a new district, when regularly called, possesses the powers of an annual meeting and may trans- act business that might properly come before an annual meeting. Failure to Hold Meeting.— Whenever the time fixed for the first meeting of a new district shall have passed and such meeting shall not have been held, the commissioner may, in his discre- tion, appoint another time for such meeting by delivering another notice, as in the first case, to some taxable inhabitant of the district. A com- missioner is not required to call a second meet- ing. He may act as he deems it expedient under the circumstances. Unless in the opinion of the commissioner it is necessary for the consider- ation of important business before the date of the 64 NEW YORK SCHOOL LAW annual meeting, a second meeting should not be called. 2. SPECIAL MEETINGS By Whom Called. — The call for all special meetings should be issued by the trustees of the district. When the office of trustee is vacant the district clerk should issue such call, and when the offices of trustee and clerk are both vacant, the school commissioner having jurisdiction may, when it is shown to his satisfaction that con- ditions demand it, issue a call for a special meet- ing. Method of Calling. — There are two methods by which special meetings may be called. The voters of any district may at any annual meet- ing adopt a resolution prescribing the method by which notice of special meetings shall be given. Such resolution and such method of call- ing special meetings provided thereby shall re- main in force until modified by some subsequent annual meeting. This method must be such that the notice may reasonably be expected to reach every voter of the district. Publishing notices in a paper published in the district or posting notices for a reasonable time in conspicuous places in the district, has been held by the State SPECIAL MEETINGS 6$ 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 office 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 (^ 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 tne 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 ^J 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. 6S 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. 11. 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? When must 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 c\^x\l 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 ? How must a vote involving expenditure of money be taken ? CHAPTER VI COMMON-SCHOOL DISTRICT OFFICERS [See Articles 1,3, 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 decided to elect such officer. TRUSTEE Eligibility. — To be eligible to the office of trustee a person must possess two 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 'j^ 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, as 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 77 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 sufficient 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 by law for such special meeting. The officers elected at such special meeting hold office until the next 78 NEW YORK 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 officers ■ — 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 year 2.'=^ 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 joint 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. 80 NEW YORK SCHOOL LAW Reduction of Number of Trustees. — In a district having three trustees, the electors of 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 office 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 two-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 office 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 com- 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 office of trustee, who refuses to accept the office, forfeits the sum of $5. Any duly qualified person elected or appointed to the office 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 NEW YORK SCHOOL LAW Meetings of Board. — A board may fix a time at which it will hold regular meeting's, 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 voting 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 ? , . r ^ ^ 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 ""^How frrbXlboxes 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 he com- missioner or State Superintendent direct a special meeting ?^ be held ^ For how long do officers chosen at such special meetings serve? How are disputes in relation to tSeseelections^settled? To what districts are these p^^^^^ visions for separate elections not applicable ? Distinguish beUveen an election of officers in these districts and the rninnal meetina^ in such districts. WhaUs the f erm of office of a trustee ? What >3 ou.j.ar in this meaning? What is the term of a pint trustee? What s meanT by a jlint trustee ? How is the number o trus ees or a distrfct 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 chancre to one. From one to three. Who should not fy a trustee'of his election? How? Wh=.t is considered a notice of election? When are officers deemed to have ''''whaUs the ruling of the State Department in relation to trustees of districts in which an X"e of t™s?^e be^ not occur' In what ways may the office of trustee be come vacated? How mly a trustee va<:^t« his office b^ refusal to serve ? Who may remove a trustee from othce .-• 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. VVhat 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 OYYlZY.^^ — {Continued) TRUSTEES, POWERS AND DUTIES [See Article 6 of Title VII] 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, trusteed 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 tl\is TRUSTEES — POWERS AND DUTIES 9I 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 is 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 account? 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 are 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 vSuch 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 practice 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 bylaw 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? LofC. lOO NEW 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? Who 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 loi forced? Whose 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 may 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 ? What 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 by law ? 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 such 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 tbe office^ of clerk, collector, or treasurer of any common- vSchool 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 at the first meeting expires at the next annual meeting held after their election. GENERAL PROVISIONS 103 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, who 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 the 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. Io6 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 10/ sion open to the inspection at all reasonable hours of any qualified voter in the district, and to permit such voter to make copies of any such papers or records. COLLECTOR [See Section 80, Article 7, Title 7] Bond.— Before receiving a warrant for the 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, ex cept a district ~^he warrant of trustees, return of collector, 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 8i 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 of&ce 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 the 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 an}^ 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 a new district ? When are these officers elected ? When m school districts having more than 300 children of school age ? How must these officers be elected in either case? W^ho 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 clerk 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 resignation 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 schools 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. 8 114 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 affirmative 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 II7 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 common-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 meetmg 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 120 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 aflftrmative 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 123 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 J 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 taken? 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 niake 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 m 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 occuV ? 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 125 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 villaoe or a city and the law 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 propOvSition 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 must 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 Expenditureof 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 129 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 am^ount 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. REVIEV7 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 taken ? 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 a board 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 first 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 offi.ce for one year from the date on which the next annual TRUSTEES 135 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 froni 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 office 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 10, 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 3OO 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 ofii- 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 thne. 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 nSTRICTS 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 afiirm that I am and have been for thirty days last past an actual resident 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 officers 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 number 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 aunounced 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 I45 days after such 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- is 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 I47 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 wo7nen vote for these officers ? In what cases 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 onl}'-, 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 fine 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. I50 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 153 schools 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 montli 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 1 5/ 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 been 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 ]Mew 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- 164 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 keeping 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 office? 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 1 68 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 offers 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 district 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 weeks within the school year preceding such meeting. 4. One who owns any personal property assessed on the last preceding assessment roll of the town exceeding fifty dollars in value, exclusive of such as is exempt from execution. Women possessing any of the above qualifications are entitled to vote. Both parents are entitled to vote when they have a child or children who attended school eight weeks during the preceding school year in that district. But one such person, however, can vote where the right to vote depends upon their having children not their own residing with them, and that person rnust be the head of the family. Residence. — A person to become "a resident" of a school district must actually reside in such, district for a period .of at least thirty days imme- diately preceding any annual or special meeting held in such district. Challenge of Voter. — No person can take part in the transaction of any business of a district meeting who is not a legal voter at such meeting. The right of any person to vote at a school dis- VOTERS AT SCHOOL DISTRICT MEETINGS I/I trict meeting cannot be questioned or challenged by any person except a duly qualified voter. When a person offering to vote at a district meeting is challenged by a qualified voter, the chairman of such meeting should require the per- son thus challenged to make the following de- claration : " I do declare and affirm that I am and have been for the thirty days last past an actual resident of this school district and that I am qualified to vote at this meeting." Any person who shall make such declaration is entitled to vote upon all propositions which arise at such meeting. A person thus challenged who refuses to make such declaration should not be permitted to vote upon any question before the meeting. Neither the district meeting nor the officers of such meeting have authority to pass upon the qualifications of any voter. Even if the officers of such meeting kriow the declaration made by a person challenged to be false, they cannot refuse to accept his vote. The proper course to pursue is to accept such vote, and proceed against the offender as the law provides. Penalty for Illegal Voting. — A person who has been challenged at any school district meeting and who willfully makes a false declaration of his or her right to vote at such meeting, is guilty of 172 NEW YORK SCHOOL LAW a misdemeanor which is punishable by fine or imprisonment or both. A person voting at any school district meet- ing who has not been challenged and who is not a qualified voter at such meeting, forfeits the sum of five dollars, which should be sued for by the supervisor of the town for the benefit of the school district. A person thus voting at an election held on Wednesday following the annual meeting in a district having 300 children or more of school age likewise forfeits ten dollars. Under section 41k of the Penal Code any person not qualified who knowingly votes or offers to vote, or who makes a false declaration when chal- lenged at any school district meeting is guilty of a misdemeador. Decisions of State Superintendents. — The State Superintendents of Public Instruction have established the following rulings, which govern questions at the present time involving these points of law : 1. An alien is not a legal voter at a school dis- trict meeting, although he may reside in the school district, own lands in the district, or have children of school age residing with him who attend school in the district. 2. The proceedings of a school district carried REVIEW QUESTIONS 1/3 by illegal votes will be set aside on appeal to the State Superintendent. 3'. When the illegal votes cast at a school-dis- trict meeting would not change the result of any of the proceedings of such district meeting, the proceedings will not be set aside. 4. The chairman of a school district meeting is entitled to vote upon all questions coming before the meeting for determination. 5. The chairman of a school district meeting is not entitled to cast the deciding vote in case of a tie, if he has already voted on the question. 6. A man is not entitled to vote on account of the qualifications of his wife, nor is a woman entitled to vote upon the qualifications of her husband. 7. The law does not declare the amount of real estate which a person must own or rent to entitle such person to vote at a school district meeting. 8. The residence of a person must be bona fide to entitle such person to vote at a district meeting. 9. Prima facie, the place where a person lives is deemed his residence. 10. Where a person removes from one place to another with an intention of making the latter his permanent residence, that place immediately be- comes his residence. 11. No person can vote upon any proposition 174 NEW YORK SCHOOL LAW before a district meeting who is not a qualified voter. REVIEW QUESTIONS Is there a difference between the quahfications of voters in common-school districts and those of the voters in union free-school districts ? Is there in the penalty for illegal voting ? Into how many classes may the voters of school district meetings be arranged? What are the quali- fications of the first class ? Second class ? Third class ? Fourth class ? Can a person vote at a school district meeting if such person is not a resident of the district for which the meeting is held? State each of the four qualifi- cations which a voter must possess ? Can women possess- ing any of the four qualifications vote? Which of these four qualifications apply to married people? Which to single people ? Who may vote on the qualifications of the second class, father or mother ? Explain who are entitled to vote on the qualifications of the third class ? What is a " residence " ? Who may challenge the right of a person to vote at a district meeting? What declaration must a person chal- lenged make ? What is the effect of a challenged person's making such declaration ? A refusal to make such declaration ? Can the officers of a district meeting pass upon the qualifications of a voter? Even if the officers know that a false declaration has been made, can they re- fuse to accept the vote of the person who made it ? What course should be pursued in such case ? What is the penalty for making a false declaration regarding the right to vote? What is the penalty for illegal voting at a dis- trict meeting when the voter has not been called upon to make a declaration ? Can an alien vote at a school meeting if he possesses all other qualifications of voters ? What action may be taken upon any proceedings of a district meeting carried by illegal votes ? If the illegal votes cast do not affect the result of any proceedings, what is the ruling of the State Superin- tendent ? Upon what questions may a chairman of a meeting vote? Can a chairman cast a deciding vote in case of a tie if he has already voted on the question ? May a man vote on qualifications possessed by his wife ? May a women vote on the qualifications of her husband? Does the law fix the amount of real estate a person must own or rent to qualify him to vote ? Explain the rulings of the State Superintendent as given in numbers 8, 9, and 10 of this chapter. CHAPTER XIV SITES AND SCHOOL BUILDINGS [Subdivisions 7 and 8 of Section 14 and Sections 19, 20 and 21, Title VII] SITES Designation of Site. — A site for a school- house can be determined at a special meeting of the district only. Such special meeting must be duly called for that purpose. A written resolu- tion in which the proposed site is described by metes and bounds must be adopted by a majority vote of the qualified voters present and voting. The vote upon such resolution must be by ayes and noes. A record of such vote must be made, showing how each person voted upon the propo- sition. A district, at a special meeting, may designate two or more sites with the approval of the school commissioner having jurisdiction. The notice of such special meeting must state the proposed number of sites that will be voted upon. Improvement of Site. — The voters at a school district meeting may vote to improve the site or sites of such district or they may vote to enlarge 176 NEW YORK SCHOOL LAW such site or sites. This action may be taken at a special or an annual meeting. Tax for Site. — The voters of a school district may vote a tax to purchase, lease, and improve the sites of such district. This tax must be levied and assessed in the same manner as taxes for other school purposes. Change of Site. — To change the site of a school-house owned by a, school district whose boundaries have not been altered and upon which there is a school-house erected or in process of erection, or to remove the school-house of such district, — two steps are necessary : First. The legal voters of such district by a ma- jority vote at a special meeting called for that purpose must adopt a written resolution desig- nating a new site and describing it by metes and bounds. The vote on such resolution must be by the ayes and noes, and a record must be made showing how each voter voted. If this resolu- tion fails to receive a majority vote in the affirma- tive, the site cannot be changed nor the school- house removed. Second, If such resolution should receive a ma- jority vote in the affirmative, it is then necessary to obtain the written approval of the school commissioner having jurisdiction. If a school SITES 177 commissioner withholds his approval such changes cannot be made. Where the boundaries of a district have been changed since the district was formed, this approval is not necessary. Acquisition of Sites. — Where the owners of l-and will not consent to the sale of such lands for sites for school buildings, such lands may be ac- quired without their consent under the provi- sions of the " Condemnation Law." Sale of Former Site. — Whenever the site of a school-house is changed as provided above, the legal voters of the district at a special or an annual meeting duly convened, may, by a major- ity vote, direct the sale of the former site and the buildings thereon at such price and terms as they deem proper. Transfer of Title. — The trustees or a majority of them, when so directed by a district meeting, may execute a deed transferring the interest and title of the district to such estate, and such deed is valid and binding. Bond and Mortgage or Other Security. — Whenever a district meeting directs that credit may be given to the purchaser of such property for any portion of the amount paid therefor, the trustees have authority to take in their corpo- rate name security by bond and mortgage or 17^ NEW YORK SCHOOL LAW Otherwise, as they shall deem best. The trustees hold such security as a corporation and should account therefor to their successors in office and to the district in the same manner as they are now required by law to account for moneys re- ceived by them. Trustees in their official capacity may sue for and recover the moneys due and unpaid upon any security so taken by them or their predecessors. Disposition of Proceeds. — The proceeds derived from the sale of such property must be applied on the expense of procuring a new site, of remov- ing or erecting thereon a school-house, and of im- proving and furnishing the site, the school-house, and their appendages, so far as may be necessary. If a surplus should remain, it should be devoted to the purchase of school apparatus or used for any other support of the school, as the voters at an annual meeting may choose to direct. (This applies to common-school districts only.) SCHOOL BUILDINGS [See Article 2, Title VII] Location of School-house. — The law provides that no school-house shall be erected so as to stand upon the division line of any two towns. SCHOOL BUILDINGS 1/9 Repairs of School-house. — It is the duty of the trustees of a district to keep the school-house in proper repair and reasonably comfortable for use, and for that purpose they may expend fifty dollars each year without a vote of the district. (Section 47, title 7.) When the sum of fifty dollars is not sufiicient to put a school-house in proper repair and the district has not voted to make any expenditure for repairs, the trustees should apply to the school commissioner for an order directing them to make the necessary repairs. A school com- missioner has authority to direct that repairs to the extent of two hundred dollars shall be made, when in his judgment he deems it necessary. A commissioner may issue this order without appli- cation from the trustees. When the order is issued it should state the character of the repairs to be made — whether new seats, a new roof, or any other improvement. As a trustee may ex- pend only fifty dollars without a vote of the dis- trict and as a commissioner may direct trustees to expend only two hundred dollars, it is advisa- ble, when two hundred and fifty dollars is insuffi- cient to make the necessary repairs or to put the building in proper condition, for the trustees to call a special meeting of the district for the 12 l8o NEW YORK SCHOOL LAW purpose of voting an expenditure for additional repairs. (Section 13, title 5.) There is no limit put upon the amount which a district meeting may vote for repairs. When a district meeting votes an appropriation for re- pairs, it should direct the nature of such repairs. It is the duty of trustees to make such repairs as are directed either by a commissioner in his order or by a district meeting. For a failure to do this, a trustee may be removed from office. Tax for Erection of School-house. — The qualified voters, at an annual school meeting or at a special meeting called for the purpose, may vote a tax for the erection or repair of a school- house. There is no limit in regard to the amount which a district may vote for this purpose. When a district has voted more than five hundred dol- lars, it is necessary, before such tax can be levied upon the district, to obtain the written approval of the school commissioner having jurisdiction. If a commissioner withholds his approval, a tax in excess of five hundred dollars cannot be levied. Approval of Plans. — No school district in the State has authority to build a school-house until the plans for lighting, heating, and ventilating have been approved by the school commissioner having jurisdiction. SCHOOL BUILDINGS l8l Payments by installments. — When a school district has voted a tax for the erection of a school-house, it may by a majority vote at any meeting regularly convened, decide to raise the amount thus voted, by installments. The vote on the question must be by the ayes and noes. A record of each voter and the way such per- son voted should be duly made. When such action is taken by a district, it is the duty of the trustees to raise by tax such installments and the interest thereon, as they become due, in the same manner as other school taxes are raised. The last installment can not be ex- tended beyond twenty years from the date on which the vote was taken. Reconsideration of Vote. — The vote author- izing a tax by installments cannot be reconsidered at the meeting at which such vote was taken. A reconsideration of such vote must be at an ad- journed meeting held within thirty days there- after. A majority vote, taken by recording the ayes and noes, is necessary for reconsideration. Issue of Bonds. — When a school district has voted to raise a tax by installments for the erec- tion of a school-house, it is the duty of trustees to borrow the sum necessary at a rate of interest not to exceed six per cent, and to issue bonds or l82 NEW YORK SCHOOL LAW other evidences of indebtedness therefor. These bonds and interest thereon are a charge upon the district and must be paid as they become due. They cannot be sold below par. Sale of Bonds. — The trustees must give notice of the time and place of the sale of such bonds at least ten days prior thereto. Report of Payments^ etc. — The trustees or persons having charge of the issue or payment of such indebtedness must make an annual report to the clerk of the board of supervisors of the county in which the district is located. This report must be made on or before November ist each year and must show the exact condition of such indebtedness. CONDEMNATION OF SCHOOL-HOUSE [Subdivision 4, Section 13 of Title V] Order. — When in the judgment of a school commissioner the school-house of any district under his jurisdiction is wholly unfit for use and not worth repairing, he may issue an order con- demning such property and he should fix a time therein when such order shall go into effect. The commissioner should also direct in such order the expenditure of an amount which in his judgment is necessary to erect a school -house for CONDEMNATION OF SCHOOL-HOUSE 1 83 the accommodation of the children of such dis- trict. Service of Order. — The commissioner must immediately serve such order upon the trustees of the district and transmit a copy thereof to the State Superintendent of Public Instruction. Trustees should call Special Meeting.— Imme- diately upon being served with a copy of such order, the trustees should call a special meeting of the district for the purpose of considering the question of building a school-house. The legal voters at such special meeting have power to determine the size of the building and the material to be used, and to vote a tax to build the same. The district meeting may also decrease the estimated amount of the commis- sioner for the erection of such building twenty- five per cent., and the district may also increase the amount estimated by the commissioner. Failure of District to Vote Tax. — When a dis- trict fails to vote a tax to build a school-house, within thirty days from the date on which the first meeting for considering the question was held, the trustees have power, and it is their duty to contract for the erection of such build- ing and to levy a tax to pay for the same. This tax shall not exceed the estimate of the 1 84 NEW YORK SCHOOL LAW commissioner and shall not be more than twenty- five per cent, less than such estimate. Insurance of Buildings. — The trustees of a school district should insure the buildings of the district. Their duty in this matter is explained in the chapter on "Trustees; powers and duties." It is also the duty of boards of education to in- sure the buildings of union free-school districts. (See chapter on " Boards of Education; powers and duties.") Sale of Buildings. — When a school district decides to build a new school-house, the district meeting should direct what disposition should be made of the old building. This is usually done by directing the trustees to sell it at public auc- tion. The district meeting may, however, direct some other course to be pursued. The school buildings may be sold when a dis- trict has been dissolved. (See chapter on '' School Districts.") The school buildings of a district may also be sold when the site of the district buildings has been changed. (See this chapter, " Sale of former site.") Stairways Outside of Buildings. — It is the duty of trustees or boards of education of all school districts outside of the cities of New York OUT-BUILDINGS 185 and Brooklyn ^ to provide stairways on the out- side of all school buildings that are more than two stories high, with suitable doors connecting therewith from each story above the first. These may be built without a vote of the district, at a reasonable expense, which is chargeable to the district the same as other taxes. (Section 49, title 7.) Out-buildings. — It is the duty of school dis- tricts to provide out-buildings on the school premises. The law provides that these build- ings shall be as follows : 1. They must be suitable and convenient. 2. There must be two, and they must be en- tirely separated from each other. These two closets may be under one roof and over the same vault. 3. They must have separate means of access, and the approaches thereto must be separated by a substantial close fence, at least seven feet high. 4. They must be kept in a clean and whole- some condition. When school-district meetings fail to vote a tax for this purpose, trustees may expend such sum as the school commissioner will approve, without a vote of the district. A failure on the part of trustees to comply with * This law was enacted when New York and Brooklyn were separate cities. 1 86 NEW YORK SCHOOL LAW these provisions is sufficient reason for remov- ing them from office, and for withholding from the district its share of public money from the State. Trustees aie personally responsible to the district for any loss in this respect through their negligence. (Section 48, title 7.) When a district has no out-buildings, a trustee may expend fifty dollars for the erection of such buildings, upon the order of the school commis- sioner or of the State Superintendent of Public Instruction. (Section 50, title 7.) REVIEW QUESTIONS What meeting can decide upon a site for a school-house ? How must such decision be determined ? What must the resolution contain ? How must the vote be taken ? What record must be made ? When may a district designate more than one site ? What must the notice of a special meeting state ? How can the site of a school district be improved or enlarged. At what meetings ? What tax may a district vote in relation to sites ? Is there a limit to the amount that can be voted ? How is such tax levied and assessed ? When the boundaries of a district have not been changed, how many steps are necessary to change the site of the school-house? What is the first? The second? How- may the school site of a district be changed when the boundaries of the district have been altered? What dis- position is made of the old site and buildings of a district when a change of site has been legally made? How may the title of the district of such property be transferred ? When may bond and mortgage be given to protect dis- tricts ? How is such security held for the district? How may the unpaid money due the district be collected? What disposition must be made of the proceeds of the sale of such property ? REVIEW QUESTIONS 187 What prohibition is there in relation to the location of a school-house ? Whose duty is it to keep the school- house in reasonable repair? How much may such officer expend therefor without a vote of the district? Can the district vote a larger amount ? If tifty dollars is insuffi- cient and the district has not voted an appropriation, how may the trustee obtain authority for making the needed repairs ? What amount may a commissioner order a trustee to expend ? How does a commissioner give authority to his order? In what particulars should this order be specific ? Is there a limit to the amount a district may vote for repairs ? When a commissioner has ordered repairs to school buildings or a district has voted repairs, what is the duty of the trustee ? What is the penalty for a failure to do this ? What amount may a district vote for erecting a school-house? What limit is there to the amount of tax which a district can levy for this purpose ? What action is necessary in order to levy a larger amount ? What plans of school buildings must be approved ? By whom ? When may a district erect a school-house and pay there- for by installments ? How must the vote be taken ? How must a tax for such installments be raised ? For what period may the payment for the last installment be made ? How may a vote authorizing such tax by installments be repealed? Bv what method may bonds be issued for this purpose? What limit is placed upon the rate of these bonds ? What restriction is placed upon the sale of these bonds ? What notice of the sale of such bonds must be given ? What report of payment, etc., must be made by the trus- tees ? To whom ? When ? When may a school commissioner condemn a school building ? How ? What estimate in regard to the expen- diture in erecting a school-house should the order of the commissioner contain ? Upon whom must the commis- sioner serve such notice ? What is the duty of trustees when served with such notice ? What power has a meet- ing in relation to such matters when regularly called ? May the district decrease the estimate of the commissioner? By what amount ? May the amount be increased? How much? Within what period should a district vote to build ? What is the duty of the trustee if the district takes no action within that time ? What tax in this case may a trustee levy without a vote of the district? What are the duties of trustees of common-school districts in 1 88 NEW YORK SCHOOL LAW relation to insuring school buildings ? What of boards of education of union free-school districts? Name three cases in which school buildings may be sold ? What is the method of procedure in each case? What is the duty of school officers in relation to build- ing stairways on the outside of school buildings ? What are the requirements for out-buildings in school districts ? When a district fails to vote an appropriation for the pur- pose of making proper repairs, what amount may the trustee expend ? What is the penalty for a failure on the part of the trustee to comply with the law? What is the loss to the district? The responsibility of the trustee to the district ? When a district has no out-buildings, what amount may the trustees expend for their erection ? Upon whose order? CHAPTER XV ' ASSESSMENT AND COLLECTION OF DISTRICT TAXES (See Article 7 of Title VII) Assessment of Taxes by Trustees. — It is the duty of trustees to assess on the taxable property of a district all taxes voted by a district meeting and to make out a tax-list therefor. A tax thus voted should be assessed within thirty days from the date on which it was voted. The courts of the State have held, however, that the law in this respect is only directory and that trustees may issue a tax-list and warrant after the expira- tion of thirty days from the time the tax was voted. In assessing a tax voted by the district, trus- tees may also assess at the same time a tax which they are authorized to assess without a vote of the district and may include two or more taxes in one tax-list. A tax-list is not complete until it has passed from the trustees to the officer whose duty it is to collect it, and any time before its completion it may be altered and amended by the trustees. Chapter 502, Laws of 1902, provides that any town in St. Lawrence county may adopt a uniform system of taxation for school purposes at a biennial town meeting. The details of the law may be found by consulting the session laws of igo?. 190 NEW YORK SCHOOL LAW Heading on Tax-List. — The law directs that trustees shall prefix to each tax-list a heading showing the purpose for which the different items of the tax are raised. Any tax-list not containing this heading will upon appeal be set aside by the State Superintendent. The details of each item need not be set forth. If an item is for repairs, it is sufficient to state, " For repairs on school-house, $25.00," and it is not necessary to give each item included in such repairs. Form of Tax List. — In making out a tax-list trustees should rule six separate columns and give in such columns the following data : 1. The first column should contain the names of all the persons and corporations liable to taxa- tion in the district. 2. The second column should show the number of acres of land to be taxed to each person or corporation. 3. The third column should give the assessed valuation of such land. 4. The fourth column should give the full value of all the taxable personal property of each of the persons or corporations named in the first column. 5. Valuation of taxable rents reserved. 6. The amount of each individual's or corpora- DISTRICT TAXES igi lion's tax. (See section 22, article 2, chapter 908, Laws of 1896.) Trustees cannot place upon a tax-list the un- collected taxes of some former tax-list. They can not increase the assessment upon the prop- erty of a tax-list to make up a loss caused by a failure to assess property upon a former list. If property is omitted from a tax-list and the mis- take is not discovered until the taxes are col- lected and the warrant is returned, it is too late to remedy the mistake. Apportionment of Taxes Upon Real Estate. — Trustees must apportion district taxes upon all real estate within the boundaries of the district, except that which is exempt by law from taxa- tion. Such property must be assessed to the per- son or corporation owning or possessing- it at the time the tax-list is made out. Real Estate Lying in One Body but in Two or More Districts. — Lands lying in one body but located in two or more school districts, and occupied by the same person either as owner or as agent for the same principal or tenant under the same landlord, if assessed as one lot by the town assessors, are taxable in the district in which the occupant of such lands resides. In cases of this kind there are three distinct 192 NEW YORK SCHOOL LAW questions to settle in order to determine where such lands are taxable. These are : First. The land must lie in one body. It is not sufficient that such lands shall be joined by a mere point. There must be an actual line of contact. Second. The ownership of such lands must be by one person. If there is a joint ownership of such lands, they can not be assessed under this provision. Third. The occupancy of such lands must be determined. The whole body of such land must be occupied by one person. This person must be either the owner of such lands or the agent or tenant of one and the same landlord. All lands of this description which do not com- ply with the three provisions above given, must be assessed for their respective portions in the district in which such parts are located. Non-Resident Real Estate. — Non-resident real estate is real estate which is not occupied and improved by the owner or by his servant or agent, and which is not possessed by a tenant. Briefly, it is unimproved and unoccupied land. This land must be assessed by trustees as town assessors assess such lands in towns. It must be placed upon a separate part of the tax-list, and DISTRICT TAXES 193 the name of the owner must not be mentioned, unless such land is owned by an incorporated company, in which case the law directs that the name of such company must be given. The description of such land must be accurate and such as would enable a purchaser to locate it, and would enable the owner to know that it was his land that was thus described. A collector can not levy upon and sell the per- sonal property of the owner of non-resident land. But if the owner of real estate in any school district improves and occupies such land himself, or causes it to be improved or occupied by an agent or servant, such owner, in regard to the liability of such property to taxation, is con- sidered a taxable inhabitant of such district. In this case a collector could seize and sell the per- sonal property of the owner of such estate for the amount of school taxes. If such real estate is occupied by tenants or sub-tenants they are the proper persons to whom such property should be assessed, and not the owner thereof. If such tenants improve the land, although they do not reside on it, they are considered under the law taxable inhabitants of such district. (See sections 29 and 30, article 2, chapter 908, Laws of 1896.) 194 NEW YORK SCHOOL LAW Apportionment of Taxes on Personal Prop- erty. — Trustees must apportion district taxes upon all persons residing in the district and ■upon all corporations, for all personal property owned by them and liable to taxation in such district. Trustees should also apportion taxes upon non- resident stockholders in banks or banking asso- ciations located in their districts for the amount of stock owned by them in such banks or asso- ciations, and upon individual bankers doing busi- ness in their district, in accordance with the provisions of the general law relating to taxa- tion. Valuation of Property. — Trustees, in making out a tax-list, must ascertain the valuation of taxable property so far as possible, from the last assessment-roll of the town after such roll has been revised by the assessors. Reduction of Valuation. — The valuation of any property shall not be reduced from that given in the town assessment-roll, unless the persons claiming such reduction file a written notice of such claim with the trustees before the tax-list is completed. When such claim is duly filed and it appears that the property in question has diminished in value since the last assessment-roll DISTRICT TAXES . 1 95 of the town was made, or it appears that an error has been made by the town assessors, it is the duty of the trustees to ascertain the true value of such property. The law provides that they shall give notice to the interested parties and proceed in the same manner as town assessors. If, in the judgment of the trustees, such claim is valid, they should reduce the valuation of the property and make out their tax-list. Such tax- list should be left with one of the trustees or at some place where interested persons can inspect it for at least twenty days from the date on which the notice of the completion of such tax-list is given. The notice of the completion of such tax- list and of the original assessment must be posted in at least three public places in the district. When the valuation of property is reduced the in- terested parties are all the tax-payers of the district. Assessment of Property by Trustees. — When any taxable property of the district is not in- cluded in the assessment-roll of the town, it is the duty of trustees to place such property on the tax-list of the district and give it a valuation, or if any property shall have increased in valuation since the last assessment-roll of the town was revised, it is the duty of trustees to give such property an increased valuation. In either of 13 ig6 NEW YORK SCHOOL LAW these cases, trustees should serve a notice of their action on the person so assessed ; it is not neces- sary to post notices in the district. Equalization of Valuations by Supervisors.— When the trustees of a district which embraces parts of two or more towns request the super- visors of such towns to meet to determine whether the assessments of property in these towns are equitable when compared with each other, or when three or more persons liable to pay tax on real estate make such request, it is the duty of the supervisors to comply with such request. This request to supervisors should be written, and the meeting of the supervisors should be not less than five days from the service of such notice and not more than ten days. The notice should name the time and should designate some place within the bounds of the towns in which the districts are located. If the supervisors find that such assessments of property are not equitable, they should de- termine the relative proportion of taxes that should be assessed upon the property of the parts of such district lying in different towns. There- after, trustees should assess taxes in accordance with such determination until new assessment- rolls of the towns are perfected and filed. DISTRICT TAXES 19/ When the supervisors are unable to agree, they may summon the supervisor of an adjoining town and the finding of a majority of them shall be the determination of the question. A Person Working Land on Shares. — A tenant working land and paying a share of the produce as rent is liable to taxation for school purposes on such land. In all cases of doubt it is safer to assess taxes to the owner of land than to the tenant. A Person in Possession Under Contract. — Any person in possession of real property under contract for the purchase thereof is liable to taxation for school purposes in the district in which such property is located. Tenant's Tax Chargeable to Landlord. — A person who is tenant at will or for three years or a shorter period of time, and who pays a tax upon the real estate of which he is in possession, for the purpose of purchasing a site for a school- house, or for purchasing, building, or repairing a school-house, or for supplying the necessary fuel and appendages, may require the owner of such real estate to refund the amount paid for such taxes. The owner of such real estate could not be compelled to pay such tax if he had made an agreement with the tenant that such tenant IQS new YORK SCHOOL LAW should pay the tax. The only school taxes chargeable to the owner of such real estate are those for the purposes above named. Exempt from Taxation for Building a School- house. — Any taxable inhabitant of a district shall be exempt from taxation for the purpose of building a school-house in the district in which he resides, under the following conditions : Such inhabitant must have been set off from some other district without his consent, within four years previous to the assessment of such tax, and such inhabitant must have paid within that period in the district from which he was set off a tax for building a school-house in such other district. A voluntary contribution toward building a school-house is not a tax. If such inhabitant was set off from a district with his consent, he is not exempt from the taxation in question. Collector's Return of Unpaid Taxes. — The law provides that collectors shall make a return to the trustees of all unpaid taxes on real estate and upon non-resident stockholders in banking associations organized under the laws of con- gress. This return must be made at the time the collector returns his warrant to the trustee. A copy of that part of the assessment-roll unpaid must be made by the collector, and he must make DISTRICT TAXES I99 an affidavit before some person authorized to administer oaths that the taxes named in such copy are unpaid, and that after diligent efforts he has been unable to collect the same. After a collector has pursued this course, trustees should credit him with the amount of such unpaid taxes, and thus relieve him from the liability resulting from negligence in collecting. Trustee's Certificate to County Treasurer. — As soon as the trustees of any district receive such return from a collector, they should com- pare it with the original tax-list, and if they find it to be a true copy, they should attach thereto their certificate showing that they have made such comparison and that they find such return correct. The trustees should then transmit the return of the collector of such unpaid taxes, to- gether with the collector's affidavit and their cer- tificate, to the county treasurer. Collection of Such Unpaid Taxes. — The county treasurer should present to the board of supervisors of the county the collector's return of such unpaid taxes, the collector's affidavit, and the trustees' certificate of comparison ; and such board of supervisors should thereupon assess the amount of such unpaid taxes, with seven per cent, of such sum in addition thereto, upon the 200 NEW YORK SCHOOL LAW very same property upon whicli the trustees originally assessed the tax. If such taxes are then paid, a return should be made to the county treasurer. If these taxes should not be paid, the county treasurer should render an account thereof to the State Comptroller, and that officer should sell the land on which such taxes are assessed as the law directs. Any person against whom such unpaid taxes stand may voluntarily pay such tax , with five per cent, in addition thereto, to the county treasurer, any time before the board of supervisors have directed that such tax be levied. Payment of Such Unpaid Taxes by County.— The county treasurer, upon receiving the re- quired papers to be filed with him, should pay to the collector of the district in which such taxes were levied the amount of such unpaid taxes, with one per cent, in addition thereto, from the contingent fund. If there is no contingent fund, the board of supervisors should order a draft to be drawn upon the county treasurer in payment of such amount, which must be paid as all other county charges are paid. Warrant for Collection of Taxes. — The war- rant for the collection of a district tax should be issued by the trustees and signed by them or a DISTRICT TAXES 2CI majority of them. A warrant may be signed with or without seals. It is the official document which gives the collector authority to collect all taxes included in the tax-list. The warrant con- fers upon a school-district collector the same powers that are conferred upon town collectors by the warrant of the board of supervisors. Delivery of Warrant. — A warrant for the col- lection of any tax voted by the district must not be delivered to the collector until the thirty-first day after the tax is voted. A warrant for the collection of a tax which trustees are authorized to raise without a vote of the district may be delivered to the collector whenever it is completed. Trustees should take a written receipt from a collector for every tax-list and warrant delivered to such collector. Such receipt should show the date on which the warrant is returnable and the amount to be collected. Notice of Receiving Taxes. — As soon as the collector receives a warrant for the collection of taxes, he should post notices in at least three public places in the district — one of these notices must be on the outside of the front door of the school-house — stating that such warrant has been received by him and that during the ensuing 202 NEW YORK SCHOOL LAW thirty days from the date of such notices he will receive all taxes voluntarily paid to him If there is any assessment on the tax-list against a railroad company or against any canal or pipe-line company, the collector must notify such company either personally or by mail at least twenty days before the expiration of the thirty days above mentioned. If a collector fails to give such notice, he will be entitled to receive only one per cent, fees for the collection of such taxes. This notice may be filed, in the case of a railroad, with the ticket agent of such railroad nearest the district in which such tax is assessed, and in the case of a canal or pipe-line company, with the president, secretary, or general division superintendent or manager of such company. If the tax of any non-resident is more than one dollar, the collector should give like notice to such non-resident, if his post-office address is known to the collector or if the collector can ascertain what such address is from the trustees or the clerk of the district. Renewal of Warrants. — If any of the taxes on a tax-list are not paid previous to the expiration of the trustees' warrant, the trustees may renew such warrant and allow the collector additional time to collect such unpaid taxes. This renewal DISTRICT TAXES 203 should be indorsed upon or attached to the origi- nal warrant and should state the period of time for which it is issued. A warrant may be re- newed more than once, but the approval of the supervisor of the town in which the district is located is necessary. Where such approval is not obtained, a warrant can be renewed only once. Amendment or Correction of Tax-List.— Whenever the trustees discover that an error has been made in the tax-list, such tax-list may be amended or corrected upon application to the State Superintendent of Public Instruction. The application should state the exact facts relative to such error, the date of the tax-list, and the number of the district and the name of the town in which such district is located. Trustees May Sue for Tax.— When any tax on a tax-list has not been paid, either by an indi- vidual or a corporation, within the time permitted by the warrant or the renewal of a warrant, the trustees may in their name of office sue such individual or corporation for such unpaid taxes. Trustees May Sue Collector's Bond. — For all forfeitures to which a collector is liable and for all money which he may neglect or refuse to pay to his successors in office, or the treasurer of the district, the trustees may sue the bond of such collector. 204 NEW YORK SCHOOL LAW Filing Tax-List and Warrant. — Within fifteen days after any tax-list and warrant has been re- turned by a collector to the trustees of a district, such trustees should deliver such tax-list and warrant to the town clerk of the town in which the collector resides. Expenditures Without Vote of District. — Trustees may make the following expenditures and include the same in a tax-list without vote of the district : 1. For the erection of out-buildings, $50, if directed by the school commissioner. 2. For repairs on out-buildings, an amount approved by the school commissioner. 3. For the construction of a stairway on the outside of the school building, when such build- ing is two or more stories high, a reasonable amount. 4. For repairs on school-house, $50. 5. For repairs on school -house, when directed by the school commissioner, $200. 6. For the general running expenses of the district, a reasonable amount. 7. For the salary of teachers, an amount to meet such salary for four months in advance. 8. For furniture, $100, when directed by the school commissioner having jurisdiction, and $50, without direction by the commissioner. DISTRICT TAXES 20$ 9. For the abatement of a nuisance, $25, when directed by the order of the school commissioner having jurisdiction. 10. For the erection of a new school -house, when the school commissioner having jurisdic- tion has issued an order condemning the old building, an amount which the commissioner states in such order is necessary for the erection of a new building. 11. For school apparatus, $25. REVIEW QUESTIONS Who is charged with the duty of making out a district tax-list ? When should a tax-list for a tax voted by the district be made out ? What have the courts ruled on this question ? How many taxes may a trustee include in one tax-list ? When is a tax-list complete ? When may a tax- list be altered ? Explain the nature of the heading which should be prefixed to a tax-list. Into how many columns should a paper on which a tax list is made be ruled? State the information which should be given in each column ? Have trustees the power to include in a tax- list the uncollected taxes of a former tax-list? Have they the power to assess upon property a tax to meet a loss caused by a failure to assess property on a former tax-list ? When can the omission of trustees to assess property be corrected ? Upon what real estate must trustees assess district taxes ? To whom should such property be assessed ? What is the law relative to assessing real estate lying in one body but in two or more districts ? What are the three questions to be determined in these cases ? How must such lands be assessed when they do not comply with these provisions ? What is non-resident land ? How should such land be assessed ? State fully how it should be placed upon the tax-list? How should it be described? Can a collector legally sell the personal property of the owner of non-resi- dent land for a tax on such land? When a non-resident owns real estate in a school district and when he improves such property himself or causes it to be improved by an 2o6 NEW YORK SCHOOL LAW agent, what is his liability for taxes ? When such property- is occupied by tenants or sub-tenants, to whom should it be assessed ? What pei'sonal property should be assessed by trustees for district taxes ? What is the law in relation to the assessment of taxes on banks and banking associations ? How is the valuation of property ascertained by trustees? Have trustees the power to reduce the valuation of prop- erty? What must a person do who desires the valuation of his property reduced ? What is the duty of trustees when such claim is filed ? If the trustees at any time change the valuation of property, what should they then do ? What notice of completion of tax-list must be given ? When the valuation of property is reduced, who are interested parties? What is the duty of trustees in relation to real property of, the district not found on the town assessment-roll? What is their duty in relation to property that has in- creased in value since the last town assessment-roll was revised? What is their duty in relation to personal prop- erty not on the town assessment-roll ? What notice should be given in any of these three cases when property is assessed by trustees ? Who determines whether the property of a district located in two or more towns is equitably assessed ? When are supervisors required to act in this capacity? If such supervisors agree that such property is not equitably assessed, what is their duty ? What should be done if they are unable to agree ? When is a tenant liable for taxes on land ? In cases of doubt, to whom should such land be assessed ? Who is liable to taxation for real property which is in the posses- sion of a person under a contract of purchase ? Under what conditions and for what taxes may a tenant require hfs landlord to refund the amount of taxes paid by such tenant ? Under what conditions is a taxable inhabitant of a district exempt from taxation for building a school- house ? To whom should a collector make a return of unpaid taxes ? When should such return be made ? How should it be made ? What effect does such return have upon the liability of the collector? Upon receiving such return what action should trustees take? What should the county treasurer do to place the matter properly before the board of supervisors ? What action should be taken by the board of supervisors? If these taxes are then paid REVIEW QUESTIONS 20/ what should be done with the amount paid ? If these taxes are not paid, what action should be taken by the county treasurer? What should the comptroller then do ? How may this amount be collected? VV^hen may it be volun- tarily paid? From what fund should the county treasurer pay such tax? To whom? If there is no such fund how is such tax paid ? What is a trustees' warrant? How is it issued? What authority does it give a collector? When may a warrant for a tax voted by the district be legally delivered to the collector ? When may a warrant for a tax which trustees are authorized to levy without a vote of the district be de- livered to the collector? What general notice of a war- rant for taxes should a collector give ? Where should such notices be posted? What special notice should be given to a railroad company or a canal or pipe-line company? How should such notice be given ? How would a failure to give such notice affect the collector ? What special notice should be given to non-residents ? How should such notice be given ? May a warrant be renewed ? By whom ? In what manner ? May a warrant be renewed more than once ? In what manner? When may a tax-list be amended or corrected? By whom ? What should the application for this purpose show? May trustees sue for a tax? When? For what causes may trustees sue a collector's bond? What should trustees do with a tax-list and warrant returned by a col- lector? What expenditures may a trustee make without vote of the district ? CHAPTER XVI STATE SCHOOL MONEYS [See Articles i and 2, Title II] Different Funds. — There are three sources from which money is derived by the State for the support of the public school system. These sources are the common-school fund, the United States deposit fund, and the free-school fund. These funds, together with the literature fund, are known under the Finance Law as the Educa- tion Fund. The Common-School, Fund. — Upon the recom- mendation in a special message of Governor Mor- gan Lewis to the State legislature in 1805, an act was passed which created this fund. It pro- vided that " The net proceeds of five hundred thousand acres of the vacant and unappropriated lands of the people of this State, which shall be first sold by the Surveyor-General, shall be and are hereby appropriated as a permanent fund for the support of common schools. ' ' The act also provided that no distribution should be made until the annual revenues of the fund amounted to fifty thousand dollars. This revenue was not STATE SCHOOL MONEYS 209 realized until 1815, when the first distribution was made. This fund was apportioned among the counties of the State on the basis of popula- tion, and each county was required to raise by- taxation an amount equal to the amount received from the State. The revenue derived from these two sources constituted the State school moneys for the payment of teachers' salaries. When this amount was insufficient to pay the salary of ^teachers, the balance was raised by rate bills. In 1805, when this fund was originated, its capital was nearly fifty-nine thousand dollars; but in 1901, it had increased to over four million five hundred seventy-three thousand dollars. Out of the revenue of this fund the legislature an- nually appropriates for common schools one hundred and seventy thousand dollars. The United States Deposit Fund. — On June 23, 1836, congress passed an act providing for the distribution of the surplus revenues which were held in the United States treasury at that time for safe-keeping among the various states. Of this distribution New York received about $4,000,000. It must be understood that this fund was not given or loaned to the State, but was sim- ply placed in its possession for safe-keeping. The United States government could recall this 2IO NEW YORK SCHOOL LAW money, but probably it never will. Under a pro- vision of the State constitution, New York is re- quired to keep the amount of this fund equal to the amount which was originally deposited. In 1837, by an act of the State legislature, this fund was distributed among the counties of the State on the basis of population. It was placed in the hands of two loan commissioners in each county, who were appointed by the Governor, to be loaned by them in their county upon bond and mortgage with interest. From the income derived from this fund, there was appropriated by the State legislature in 1838 for the support of com- mon schools, the sum of $165,000. This sum was annually appropriated by the legislature until 1 88 1, when the appropriation was reduced to $75,000, owing to a reduction in the revenue. This reduction in revenue was caused by a depreciation in the property on which invest- ments from this fund had been made. Since 1881, the legislature has annually appropriated from the revenues of this fund $75,000, and this'sum becomes a part of the State school moneys and is used for the support of the public schools. The Free-School Fund. — The Consolidated School Law provides that the legislature shall de- termine annually the amount of money which STATE SCHOOL MONEYS 211 shall be raised by the State by a tax upon real and personal property.* The amount that shall be raised is discretionary with the legislature. The amount thus raised is known as the Free- vSchool fund. The first State tax levied for this purpose was under the authority of an act passed in 1 85 1, providing- for the sum of $800,000 This amount has been gradually increased. In 1903, it will be $3,750,000. The greatest increase was in 1867, the year in which the rate-bills were abolished, when the legislature increased the amount to be raised from a tax of three-fourths of a mill on each dollar of valuation, to one and one-fourth mills on the dollar. It was the intent of the legislature when this increase was made, to supply funds, which, combined with the revenues of the common-school fund and the United States deposit fund, would be sufficient to support com- mon schools in most of the school districts of the State for at least twenty-eight weeks each year. The amount of money realized from these sources soon proved insufficient, in many cases, to support the schools the required time, and the deficiency has been raised by local taxes upon school districts. During the school year ending *The legislature of 1902 abolished the State tax for this pur- pose and appropriated this amount from the revenues of indi- rect taxation. H 212 NEW YORK SCHOOL LAW July 31, 1901, the entire cost for maintaining and supervising the public school system of the State, including all expenditures for normal schools and other institutions under the supervision of the State Superintendent of Public Instruc- tion, was $36,395,269.52; and of this amount, $4,008,528.40 were received from State funds, about $26,451,363.43 were raised by local taxes upon the property of the school districts, and $5,935,377.69 were derived from other sources. State School Moneys Defined. —The amount appropriated by the State legislature from the common-school fund and from the United States deposit fund, together with the amount raised by State tax and known as the Free School fund, constitute the State school moneys. Deposit of Free School Fund. — The amount of this fund, levied upon each county must be paid into the State treasury by county treasurers. The State treasurer may deposit this money in such banks and under such regulations as are permitted by law.* The transfer of this fund from the State treasury to some other depository *This fund must be deposited in some bank or banks in the city of Albany which have been designated by the State Treasurer and State Comptroller, and which in their judgment are suffi- ciently sound financially, and which will pay the highest rate of interest therefor. STATE SCHOOL MONEYS 21 3 must be by the treasurer's draft, countersigned by the State Superintendent of Public Instruc- tion. Monthly Report of Treasurer. — The State Treasurer is required to report to the State Superintendent of Public Instruction on the first working day of each month, the condition of the Free School fund. This report should show the amount received, the amount paid out, and the balance remaining on hand. The banks in which such moneys are deposited are also required to supply the State Superintendent of Public In- struction with a book in which the authorities of such banks shall make entries of all sums de- posited with them by the State Treasurer from time to time to the credit of the Free School fund. Warrants for Payments. — No portion of the Free School fund shall be paid out of the treas- ury, except upon the warrant of the State Super- intendent, countersigned by the Comptroller and referring to the lav>^ under which it is drawn. The State Superintendent is also required to countersign all checks drawn by the Treasurer in payment of the Superintendent's warrants and to countersign all receipts of the treasurer for such money paid to the treasurer. No receipt 214 NEW YORK SCHOOL LAW ' of the treasurer for the payment of any portion of this fund shall be evidence of payment unless such receipt is countersigned by the superin- tendent. Payments from Counties Required. — Every county is required to pay to the State Treasurer the amount of tax for school purposes assessed upon such county. The Comptroller has au- thority to withhold the payment of any moneys from the income of the common-school fund and the United States deposit fund to which any county is entitled, until such county shall furnish satisfactory evidence to him that all moneys required from such county for the support of the State school system, or, in other words, the amounts due the State, have been col- lected and paid or accounted for to the State Treasurer. Temporary Loans. — If any county shall fail to pay the amount assessed upon it for school purposes on or before the first day of March in any year, and if there shall be a deficiency of moneys in the treasury applicable to the pay- ment of school moneys, the State Treasurer and State Superintendent of Public Instruction have the authority under law to make a temporary loan of the amount of such deficiency. This loan STATE SCHOOL MONEYS 21 5 and the interest thereon at the rate of twelve per centum per annum, until payment shall be made, is a charge upon the county in default. The board of supervisors of such county must add this amount to the amount of State tax and levy the same upon such county at the next ensuing assessment.* Payments from State School Funds. — The law directs that the State Superintendent shall set apart from the free-school fund appropriated for that purpose, the sum necessary to pay the salaries of school commissioners throughout the State. (A separate appropriation is also made by the State legislature for the payment of the sala- ries of school commissioners from this fund.) He shall set apart from the income of the United States deposit fund the amount appropriated for library purposes. He should also set apart from the State school moneys a sum not to exceed $10,000 for a contingent fund. Supervision Quotas to Cities, Villages and Dis- tricts Employing Superintendents. — Every city in the State, and every village and every union free-school district in the State having a popula- * Since the school funds are now paid from the revenues of indirect taxation, this default cannot occur. 2l6 NEW YORK SCHOOL LAW tion of 5,000 or more — which employs a super- intendent of schools, is entitled to receive $800. This money must be used for the support of the public schools of such city, village, or union free- school district. No city, village, or district is entitled to this allowance unless a competent person is employed as superintendent, who shall give his time exclusively to the general super- vision of the public schools of such city, village, or district. This appropriation is known as a supervision quota. Enumeration of Inhabitants. — A village or a union free-school district, claiming a population of 5,000 and employing a superintendent, is not entitled to any allowance in the first instance until an enumeration of the inhabitants of such village or district has been made which shall show the population thereof to be at least 5,000. The ex- pense of taking such enumeration is a charge upon the district in whose interest it is made, and must be paid upon the certificate of the State Superintendent. Annual Apportionment. — After making the deductions above mentioned, the State Superin- tendent shall apportion the remainder of the State school money, on or before the 20th day of January in each year, among the several counties of the State. This is apportioned as district STATE SCHOOL MONEYS 21/ quotas and teachers' quotas and the remainder is apportioned among the several counties on the basis of population. Apportionment of District and Teachers' Quotas. — The Superintendent shall first set apart for each of the school districts and cities of the State the quotas to which they are entitled. A district or city, to be entitled to a district quota, must have had school taught therein by a duly licensed teacher (or by successive duly licensed teachers) for at least one hundred and sixty days, inclusive of legal holidays, and at- tendance upon a teachers' institute — which shall not exceed three weeks, and exclusive of Satur- days. It is unlawful to count any Saturday as a part of the one hundred and sixty days of school required, and it is also unlawful to have a school in session on a legal holiday^ except Lincoln's Birthday and Washington's Birthday.* * Legal Holidays. — The following days are legal holidays in this State; January i — New Year's Day. February 12 — Lincoln's Birthday. February 22 — Washington's Birthday. May 30 — Memorial Day. July 4 — Independence Day. First Monday in September — Labor Day. First Tuesday after first Monday in November — General Election. Last Thursday in November — Thanksgiving Day. December 25 — Christmas Day. If a legal holiday occurs on Sunday, the day following is observed and considered in all respects as a legal holiday. 2l8 NEW YORK SCHOOL LAW For every additional duly licensed teacher (or successive duly licensed teachers) employed the required time of one hundred and sixty days, the district or city shall be entitled to one teacher's quota. The amount of a district quota for each school district having an assessed valuation of $40,000 or less is $150. The amount of k district quota for all other school districts and for each city is $125. The amount of a teacher s quota for each city, district, and Indian reservation is $100. The distinction between a district quota and a teacher's quota should be clearly under- stood. An examination of the law — chapter 316, Laws of 1902 — may give a clearer under- standing. Apportionment to Counties on Population. — After the State Superintendent of Public Instruc- tion has apportioned the district and teachers' quotas as described in the preceding paragraph, he apportions the remainder of the State school moneys, and also the library moneys, separately, among the counties of the State according to their respective population, excluding Indians residing on their reservation. In counties in STATE SCHOOL MONEYS 219 whicli there are cities, he apportions to each city the amount to which it is entitled and to the re- mainder of the county the portion to which such part of the county shall be entitled. New York City is considered one county. Application of State School Funds. — All moneys, except library moneys, apportioned to a school district or city by the State Superin- tendent as desciibed in the preceding two para- graphs, must be used by such district or city for the payment of '.\e wages of duly licensed teachers employed in such district or city, or for tuition and transportation of pupils. It is a misdemeanor for school authorities to use this money for any other purpose. (See art. 4, title 15, and subd. 19, sec. 14, title 7.) Allowance to Excluded Districts. — When a school district has been excluded from participa- tion in any apportionment by failing to make a report required by law or by failing to comply with any other provision of law or with any regulation of the Superintendent which he has authority to adopt, the Superintendent may, in his discretion, when it shall be shown to his satisfaction that such omission was accidental or excusable, allow such district an equitable 220 NEW YORK SCHOOL LAW apportionment. If the apportionment was made by the Superintendent, he may cause an equita- ble apportionment to be allowed such district to be paid out of the contingent fund ; and if the ap- portionment was made by the commissioners, he has authority to direct them to apportion such allowance to the district at their next annual ap- portionment. Such allowance must be in addi- tion to any apportionment to which such district may then be entitled. May Direct Payment of Quota when Teacher was not Qualified. — Where a teacher has been employed who was not duly qualified, the State Superintendent may, in his discretion, upon the recommendation of the school commissioner having jurisdiction over the district in which such teacher was employed, direct that the money equitably apportioned to such district shall be paid to such teacher in satisfaction of his or her wages. May Reclaim Moneys Apportioned. —When- ever money shall have been apportioned to a county, part of county, or school district to which it was not entitled, and when such money shall not have been expended, the State Superintend- ent may reclaim such money or excess by direct- ing that such money shall be paid by any officer in STATE SCHOOL MONEYS 221 whose hands it may be, into the State Treasury. Such money when reclaimed shall be credited to the free-school fund. If such money shall have been expended so that it shall be impracticable to reclaim it, the Superintendent shall deduct such amount from the portions of the county or dis- trict which received it, in his next annual appor- tionment. The sum thus deducted should be distributed among the counties or school districts entitled to the same. Supplemental Apportionment. — Whenever a school district or county shall have received by apportionment a less sum than it is entitled to, the Superintendent may make a supplementary apportionment to make up such deficiency, which apportionment shall be payable out of the con- tingent fund. If this fund is not sufficient for the purpose, the Superintendent shall supply such deficiency in his next annual apportion- ment. Certificate of Apportionment. — As soon as possible after the State Superintendent has made an annual apportionment, he should file with the county clerk, the county treasurer, the school commissioners, and the city treasurers or chamberlains, of every county and city of the State, a certificate of apportionment for their 222 NEW YORK SCHOOL LAW county or city. When the Superintendent makes a supplemental apportionment, he should file a certificate of such apportionment with the county clerk, the county treasurer, and the school commissioners, of the county in which the school- houses of the district are located. When School Moneys are Payable. — The school law provides that the State school moneys apportioned by the Superintendent shall be pay- able on the first day of April next following the apportionment, to the treasurer of each of the several counties and to the chamberlain of the city of New York. The money, however, cannot be paid on this date for the reason that the pay- ment of part of the State moneys into the State treasury from counties is fixed at a later date. The payment of State moneys is as follows • " The county treasurer of each county in this State shall, on or before the 15th day of February in each year, pay to the Treasurer of the State one-third of the State tax due from such county to the State, and on or before the 15th day of April the second one-third of said tax, and the balance at the time now required by law." The third payment must be made on or before the 1 5th day of May. STATE SCHOOL MONEYS 223 Gospel and School Lands. — The origin of these lands may be traced back to an act passed by the State legislature, May 10, 1784* This was an act to provide for the settlement of the waste and unappropriated lands of the State. It was intended to include all of such lands located within the boundaries of the State. The act provided that such lands should be divided into townships of six miles square, as nearly as possi- ble, and that in each of such townships 300 acres of land should be set apart for the use of a minister of the gospel, and 690 acres for the use of a pub- lic school or schools. On May 5, 1786, the State legislature passed another act regulating the sale of the unappropriated public lands of the State, and providing that the Surveyor-General should mark out in each township laid out, one lot for the support of the gospel and schools, as nearly as possible in the center of each township, and that such lot should not be sold, but reserved for and applied to promoting the gospel and the public school or schools in such township. Under the provisions of this act, each lot was to contain 640 acres, or as nearly that amount as possible. On February 25, 1789, the legislature passed another act regulating the sale and disposition of lands belonging to the State, and providing that 224 NEW YORK SCHOOL LAW townships should be divided into lots containing 250 acres of land or as nearly that amount as possi- ble, and that one lot should be reserved as nearly in the center of each township as possible, for the support of the gospel, and that another lot should likewise be reserved for the support of schools in such township. Subsequent acts of the State legislature provided that the annual rents and profits derived from these lots set apart for school purposes, should be distributed among the schools in each town employing teachers ap- proved by the proper authority, in proportion to the aggregate attendance of pupils in their re- spective schools. The sale of the gospel and school lands has been directed by the State legis- lature, and the proceeds derived therefrom au- thorized to be used for the benefit of the public schools in the towns in which such lands were located. In 190 1 the amount realized from this source and used for school purposes in the State was $27,477.08. There are aboat thirty counties in the State wliich still receive revenue from this fund. (For apportionment of this fund see chapter 232, Laws of 1895.) REVIEW QUESTIONS Name three sources from which the State derives revenue for the support of the pubHc school system ? What is the Education Fund ? When was the Common School Fund created ? What led to its creation ? How REVIEW QUESTIONS 225 was it created ? When was the first distribution made ? What was the amount of the revenue of this fund at that time ? Upon what basis was it apportioned ? What were counties required to do to participate in the dis- tribution of this revenue? For what was the money- derived from these two sources used ? When this amount was insufficient to pay the salary of teachers, how was the balance raised ? What was the capital of this fund in 1805 ? In 1 901 ? What amount does the legislature annually appropriate from this fund for common schools? When was the United States Deposit Fund created? By what body ? How was it created ? What amount did New York State receive ? Was this fund given or loaned to the State? Could this money be recalled? What provision does the State constitution make in relation to this fund? What disposition was made of this money in 1857? What officers have charge of this money ? How are they chosen ? What do they do with this money? In 1858 what amount from the revenue of this fund was appropriated by the State legislature ? For what period was this amount appro- priated ? What amount has been appropriated since 1881 ? How is the amount appropriated now used? What caused the reduction in the revenue from this fund? What is the Free School Fund ? How is the amount annually appropriated determined? When was this fund created? What amount was appropriated that year? What was the amount in 1890? In what year was the in- crease greatest ? Why ? What increase was made ? What was the evident intent of the legislature when it made this increase ? Does the fund do this? How is the deficiency raised? What was the cost of maintaining the school system of the State in the year ending July 31, 1896? How was this money raised? What constitute the State school moneys ? How does the Free School Fund reach the State treas- urer? Where must this fund be deposited? How may it be transferred from the State treasury ? What report must the State Treasurer make of this fund? What should the report show ? With what record must the banks in which this money is deposited supply the State Superintendent ? How may money be paid from this fund? What checks and receipts must the State Superintendent countersign ? Why is it important that the receipt of the treasurer shall be countersigned by the Superintendent? What action may the Comptroller take to require counties to pay their 226 NEW YORK SCHOOL LAW proportion of the Free School Fund ? When may the State Treasurer and State Superintendent borrow money? To whom shall such loan be charged ? What per cent may be charged the county on the money thus loaned ? How is such money collected from the county? From what fund is the salary of school commissioners paid? Who is authorized to set this amount aside from such fund ? From what fund should the State Superin- tendent set aside library money ? From what fund for supervision in cities? If the United States Deposit Fund is insufficient, from what fund is the balance taken ? What amount is set aside for a contingent fund ? From what fund? Upon what basis is an apportionment made to cities and villages for supervision? For what purposes must this money be used? What is necessary to entitle a city, vil- lage, or district to an allowance for a superintendent? What is a supervision quota? When is an enumeration of the inhabitants necessary? How is the expense of an enumeration paid? Under whose certificate? When does the State Superintendent make tne apportionment? What are district quotas? What are teachers' quotas? Upon what basis are dis- trict quotas apportioned? What entitles a district to a district quota? May legal holidays be included as any part of the i6o days that schools are required to be taught in order to entitle a district to a quota? May Saturdays? May a school be lawfully in session on a legal holiday ? Name the legal holidays in this State? When is a district entitled to more than one quota? How many quotas may a district receive? On what basis are quotas apportioned to cities? What is the amount of a quota ? After district quotas have been apportioned, how is the other part of the State funds apportioned ? Are Indians on reservations included in the population ? How is this apportionment made in counties containing a city ? For what purpose must school moneys apportioned by the State Superintendent be used? What is the penalty for using them otherwise ? For what reasons may a school district be excluded from participating in an apportionment ? How may an allow- ance be made in such cases ? If the apportionment has been made, how may the allowance be made? What REVIEW QUESTIONS 22/ authority has the State Superintendent in cases where a district IS not entitled to a quota by reason of having em- ployed an unqualified teacher? How may that which has been wrongly apportioned be reclaimed ? What disposition is made of such money when recovered? If such money has been expended and cannot be reclaimed, what should be done ^ What is done with the money thus deducted ? What is the remedy when a school district has not re- ceived its just apportionment? What if this fund is insufficient? With what officers should the State Superin- tendent file a certificate of his annual apportionment? What certificate should he file of supplemental appor tionments ? When does the law provide that school moneys shall be payable? To whom? Is it paid on this date ? Why not ? When is the first third of the State taxes payable by County Treasurer? The second third ? The last third ? Explain the origin of Gospel and School lands. How was the revenue derived from this source used ? What amount was realized in 1901 ? How many counties now receive revenue from this fund? 15 CHAPTER XVIII STATE SCHOOL MONEYS — {Continued) APPORTIONMENT BY SCHOOL COMMISSIONERS [See Article 2 of Title II] Date of Apportionment. — The school commis- sioners of each county are required to meet at the county seat of their respective counties on the third Tuesday of March in each year, for the purpose of apportioning and dividing the State and other school moneys. To Set Apart District Quotas. — The commis- sioners should first set apart to each school dis- trict under their jurisdiction the district quotas apportioned to such districts by the State Su- perintendent. They should also set apart to each school district which did not share in the ap- portionment of the previous year, such sum as the State Superintendent shall have allowed it. Unexpended Moneys in Hands of Super- visors. — Commissioners should obtain from the treasurer of the county a report of the unex- pended moneys which were in the hands of the supervisors of the various towns in the county on the first Tuesday of March preceding, and which STATE SCHOOL MONEYS 229 were applicable to the payment of teachers' wages and for library purposes. The amount of this money, if for teachers' wages, should be added to the amount apportioned to the county on the basis of population by the State Superintendent ; if library money, it should be added to the amount apportioned by the State Superintendent to the county for library purposes. Any school district which does not use all moneys paid to the super- visor by the county treasurer for teachers' wages and libraries before the first day of March next following the date on which it was apportioned by the commissioners, forfeits such unexpended moneys. These moneys are not paid by super- visors to the county treasurer or any other officer, but are retained by them and placed to the credit of the districts to which they were first appor- tioned; but in the next apportionment by the school commissioners, the amount of such mon- eys is, therefore, deducted from the amount ap- portioned to such district. Apportionment of Fines Held by County Treas- urer. — The school commissioners shall also obtain from the county treasurer a report of the amount of money paid to him from fines and penalties or obtained from any other source for the benefit of the schools of any town or for any 230 NEW YORK SCHOOL LAW district in the county. If any such money has been received by the county treasurer for a school district it shall be set aside by the com- missioners and credited to such district. If such money has been received for the schools of a town, then it shall be placed to the credit of such town and shall be apportioned to school districts of such town with the other school moneys be- longing to the town, and shall be used to pay the salary of teachers. Apportionment on School Attendance. — The money apportioned by the State Superintendent to the counties of the State on the basis of popu- lation, is re-apportioned by the commissioners to the schoool districts of the county on the basis of attendance of pupils. The unexpended money in the hands of supervisors and the amount received from fines, etc., as explained in the preceding two paragraphs, are apportioned in the same manner. Apportionment of Library Money. — This topic is discussed fully in the chapter on " Common School and Public Libraries." (See page 246.) How Such Money Is Apportioned. — To deter- mine the amount due each district the following steps should be observed : First, divide the total amount to be apportioned on this basis by the STATE SCHOOL MONEYS 23 1 aggregate attendance of the pupils of lawful age of all the districts in the county. This gives the amount to be apportioned on each day's attend- ance. Second, multiply this amount by the total number of days' attendance of all pupils in any school district, and the result will be the amount of money to be apportioned to such district. School Attendance on Which Apportionment is Based. — The attendance of all persons resid- ing in the district who are between the ages of five and eighteen years, and of all children over four years of age who have attended a free kin- dergarten supported by the district, is the attend- ance upon which school money is apportioned. This attendance is obtained from the records kept by teachers in school registers. The total number of days' attendance of each district is reported by trustees in their annual report to the commissioners, and from these reports commis- sioners obtain the aggregate attendance for each district and for the county. Payment of Money Apportioned to Joint Dis- tricts. — In a joint district which lies in one county., the money due to such district is paid to the supervisor of the town in which the school- house is located. In a joint district which lies in two or more counties, a report must be filed by 232 NEW YORK SCHOOL LAW the trustees for that portion of the attendance from each county. Apportionments are made from each county in which the district is located, and are based upon the aggregate attendance of resident pupils of the respective counties. The district quotas of joint districts are apportioned by the Superintendent for the school commissioner district in which the school-house is situated, and are paid to the supervisor of the town in which the school-house is located. The money apportioned on aggregate attendance for pupils from counties in which the school-house is not situated, is paid to the supervisor of the towns in which such pupils reside and which form a part of the joint district. Commissioner's Certificate of Apportion- ment. — After having completed their apportion- ment, commissioners should make and sign two certificates showing the amount apportioned to each school district and part of a district, also the towns in which the districts are located and the source from which each item was derived. One of these certificates should be immediately filed with the county treasurer and the other with the State Superintendent of Public Instruction. Commissioners' Certificate to Supervisors.— The commissioners should immediately after STATE SCHOOL MONEYS 2T,i, making an apportionment file with each super- visor, in their respective districts, a statement showing the amount apportioned to each town and the portions which such supervisors should pay to each school district or part of a district for library purposes and the salary of teachers. Filing Certificate of Apportionment. — Upon receipt of the commissioner's certificate of appor- tionrxient, supervisors should make a copy thereof for their own use, and each should file the origi- nal in the town clerk's office of his town. Correcting Erroneous Apportionment. — If commissioners, through any error, have appor- tioned to any district a larger or a smaller share of money than it should receive, the commis- sioners, with the approval of the State Superin- tendent of Public Instruction, may correct such error in their next annual apportionment. Districts Entitled to Share in Apportion- ment. — No district is entitled to share in the apportionment of school moneys unless the trus- tees' report for the preceding school year shows that a school was maintained in the district and taught by a qualified teacher for at least 1 60 days, inclusive of legal holidays, and of attendance upon teachers' institutes — which shall not exceed three weeks. 234 NEW YORK SCHOOL LAW Payment of School Moneys to Supervisors. — After the supervisor has given the required bond and the county treasurer has received the school money from the State Treasurer, such money is paid by the county treasurer to the supervisors of his county, who disburse it as required by law. For further information, see chapter on " Su- pervisors, County Treasurers, etc." REVIEW QUESTIONS When do school commissioners apportion school money? What moneys should they first set apart ? How do com- missioners ascertain the amount of unexpended moneys in the hands of supervisors ? What is done with this money? How may a district forfeit part of its money ? Are these moneys returned by supervisors ? How are such cases adjusted ? How do commissioners ascertain the amount of fines and penalties ? How should records of these matters be kept ? How should such moneys be apportioned ? What moneys are apportioned on the basis of attend- ance of pupils ? What is the first step in apportioning money on this basis ? The second ? W hat constitutes the attendance of a district upon which money is appor- tioned ? How is this attendance officially obtained by commissioners ? Explain fully how money is apportioned to joint districts. What certificate must the commissioners file with the county treasurer and the State Superintendent? What statement should a commissioner file with supervisors of the towns of his district ? What should supervisors do with such statements ? How may an erroneous appor- tionment be corrected ? What school districts are entitled to share in an apportionment? What districts are not? From whom does the county treasurer obtain the school money? To whom does the county treasurer pay it? What does that officer do with it ? CHAPTER XVIII COMPULSORY EDUCATION LAW [See Title XVI] The Act of 1874. — On May 11, 1874, the State legislature passed a Compulsory Education Law, which went into effect January i, 1875. The burden of enforcing the provisions of this act was placed upon trustees. Little attention was given to the measure, and it was never enforced to any extent in any part of the State. After remaining a dead letter upon the statute books for twenty years, the act was superseded by chapter 671 of the Laws of 1894, the provisions of which will be presented in this chapter.* Terms Defined. — The terms " school authorities'' and ''persofi in parental relation to a child ' ' occur so often in this measure that a complete knowledge of their meaning is necessary, in order to have a clear understanding of the provisions of this law. '' School Authorities,'' wherever used in this act, means the trustees or boards of education, or any other officers known by any name whatever whose *The main features of the Compulsory Education Law were made applicable to the Indian children on the Allegany and Cattaraugus Indian reservations in 1900. (See chap, 183, Laws of 1900.) Also to the Onondaga reservation in 1901. (See chap. 1S8, Laws of 1901.) 236 NEW YORK SCHOOL LAW duties are the same as those of trustees or boards of education of a city, a union free-school district, a common-school district, or any other district created by special act of the State legislature. ''Persons in Parental Relation to a Child,'' — This term, whenever used in this act, means those persons who have the lawful care, custody, and control of children. The term includes parents, guardians, or any other persons standir g in such capacity, whether one or more. Who Shall Attend Upon Instruction. — Those who are required to attend upon instruction, are by the law classified according to age, as follows : children between eight and twelve years of age, those between twelve and fourteen years of age, and those between fourteen and sixteen years of age. Number of Days' Attendance Required. — Children between the ages of eight and twelve years are required to attend upon instruction as many days each year, between the first day of October and the first day of June following, as the public school in the district in which such children reside shall be in session during that period. Children between the ages of twelve and four- teen years are required to attend upon instruction COMPULSORY EDUCATION LAW 237 during the school year then current at least eighty days. Such eighty days must be secular and consecutive, unless attendance is prevented by sickness, holidays, or vacations, and absence for these reasons shall not be counted a part of the required time of eighty days. In addition to such required period of eighty days, all chil- dren between these ages must attend upon in- struction every school day when not regularly engaged in some legitimate service or employ- ment. The State Superintendent has ruled that the eighty days' attendance must be in the first part of the school year, as children between these ages are required to present certificates of such attendance before they can legally be employed. Children between the ages of fourteen and sixteen years, when not regularly and lawfully engaged in some useful employment or service, shall attend upon instruction every school day between the first day of October and the first day of June following during which period the pub- lic school shall be in session. Where Children May Attend Upon Instruc- tion. — This law does not prescribe that children shall attend public schools. It provides that they shall attend upon instruction. Such attendance upon 238 NEW YORK SCHOOL LAW instruction may, therefore, be in a public school, a private school, or at home. Character of Instruction. — When children attend elsewhere than at a public school, the in- struction given must be substantially the same as that given to children of like age in the public schools in the city or district in which such children reside. The number of hours' attend- ance shall be the same as that required in the pub- lic school of the district in which such children reside. No greater allowance for holidays, vaca- tions, etc., shall be made upon such attendance than is allowed in the public schools of the dis- trict in which such children reside. Duty of Parents, Guardians, etc. — The law makes it the duty of every parent, guardian, or other person standing in parental relation to a child or children between the ages of eight and sixteen years, to require such child or children to attend upon instruction as required by law, provided such child or children are in proper physical and mental condition to attend school. If parents or other persons are unable to compel such child or children to attend upon instruc- tion, they must file proof by affidavit to that effect with the school authorities of the city or district. COMPULSORY EDUCATION LAW 239 Parent or Guardian Guilty of Misdemeanor, etc. —Any parent, guardian, or other person in parental relation to a child or children, who fails to require them to attend upon instruction as re- quired by law and who does not file proper proof with the school authorities of his inability to com- pel such attendance, is guilty of a misdemeanor. For the first offence a fine not exceeding $5 may be imposed. Each subsequent offence is punish- able by a fine not to exceed $50, or by imprison- ment not to exceed thirty days, or by both such fine and imprisonment. No provision having been made by this act as to what should be done with a fine in this case, it has been held that it should go, when paid, into the county treasury. Unlawful Employment of Children. — It is unlawful under the compulsory act for any person, firm, or corporation to employ in business of any kind a child between the ages of eight and twelve years during any period when the public school of the district in which the child resides shall be in session. • It is also unlawful to employ a child between the ages of twelve and fourteen years, unless at the time of such employment the child presents a certificate, signed by the superintendent of the school of the district in which the child resides, 240 NEW YORK SCHOOL LAW certifying that the child has been in attendance upon instruction for eighty days during the school year between September and July then current. In a school district not employing a superin- tendent, such certificate shall be signed by some officer designated by the school authorities of such district. Penalty for Unlawful Employment. — Any per- son, firm, or corporation that employs any child contrary to the provisions stated in the preceding paragraph shall forfeit $50 for each offence. This fine shall be paid to the treasurer of the city or village or to the supervisor of the town in which the offence occurs, and must be added to the public school moneys of the city, village, or district in which the offence occurs. Record of Attendance by Teachers. — The teacher of every public school is required to keep an accurate record of attendance of all children between the ages of eight and sixteen years. This record must show the attendance each day by the year, month, day of the month, and day of the week, and the number of hours thereof each day. Teachers of private schools are also required to keep such record of attendance. A record of attendance upon instruction must also COMPULSORY EDUCATION LAW 241 be kept of children who do not attend public or private schools, but who are instructed at home. These records must also be kept open to be in- spected by any attendance ofhcer or other person appointed by the school authorities of the city or district. Teachers must also answer all reason- able inquiries relative to such records. A willful refusal or neglect to answer any such inquiry is a misdemeanor. It is important that all records of attendance shall be kept with great care, as in cases taken to the courts the school register will be the princi- pal documentary evidence as to the attendance of pupils. Attendance Officers. — In each city, and in each union free-school district or common-school district including in whole or in part an incor- porated village, the school authorities of such city or district shall appoint as many attendance offi- cers as such board shall deem necessary for the proper enforcement of this attendance act. Such board may also at any time remove such attend- ance officers. Boards must also fix the compensa- tion of these officers, define their duties, and establish rules and regulations for their guidance. The supervision and enforcement of this act is 242 NEW YORK SCHOOL LAW placed in the hands of the superintendent of schools in such cities and districts. The town board of each town must also appoint as many attendance officers for their town as, in the judgment of such board, shall be necessary for the proper enforcement of this act. The jurisdiction of such officers extends over all dis- tricts except those mentioned in the preceding paragraph. A town board in appointing attend- ance officers can not limit the jurisdiction of such officers to specific school districts. The town board shall fix the compensation of such officers, which shall be a town charge. School commissioners have the power to re- move from office attendance officers appointed by town boards. A trustee can not legally hold the position of attendance officer. The State Superintendent has ruled that as the act is silent as to the term of office of town attendance officers, town boards must make such appointments annually on or before the first of October. Arrest of Truants. — Attendance officers have authority to arrest at any time, without warrant, any child between eight and sixteen years of age who is then a truant from instruction upon which such child is lawfully required to attend. COMPULSORY EDUCATION LAW 243 In case any child is thus arrested, the attend- ance officer must forthwith take such child to his home^ or to his teacher ; or in case the child is an habitual truant, the officer must take him before a police magistrate, who may commit him to a truant school or to some similar institution. After each arrest it is the duty of the attendance officer to report the disposition made by him of the child, to the school authorities of the district where such child was required to attend school. Truant Schools. — The school authorities of any city or school district may establish schools or set apart separate rooms for children who are habitual truants, or who are insubordinate while in attendance, or who are irregular in their attend- ance ; and they may provide for the confinement, maintenance, and instruction of such children in such schools. If the school authorities of any city or school district do not establish a truant school, they may make a contract with any other city or school district having a truant school, for the confinement, maintenance, ,^and instruction of their truant children. Commitment. — When the persons in parental relation to a child give their written consent, such child may be confined and maintained in a truant school ; or in a private school, an orphans' 16 244 NEW YORK SCHOOL LAW - home, or similar institution controlled by per- sons of the same religious faith as the persons in parental relation to the child, for a period not ex- ceeding the remainder of the current school year. If the persons in parental relation to the child refuse their consent, the child may be proceeded against as a disorderly person, and, upon con- viction, must be sentenced to be confined and maintained for the remainder of the current school year either in a truant school or in a pri- vate school, an orphans' home, or similar insti- tution. No persons convicted of crimes or misdemean- ors other than truancy can be committed to any truant schools. Expenses of Commitments — Where Charge- able. — The city or village employing a superin- tendent of schools must pay the expense attend- ing the commitment and cost of maintenance of any child committed by them to a truant school. In all other cases such expense and costs are a county charge. Industrial Training. — In every truant school established industrial training must be furnished. Excuses for Absence and Tardiness Re- quired. — The State Superintendent of Public In- struction has ruled that every child subject to the COMPULSORY EDUCATION LAW 245 provisions of the compulsory attendance law may be required to furnish a satisfactory explanation for absence or tardiness, and has held that sick- ness of the child, sickness in the family requiring the services of the child, or some urgent neces- sity, shall be deemed the only ordinary excuse for such absence or tardiness. Assistants. — The State Superintendent has authority to appoint as many inspectors for the enforcement of this law as he shall deem neces- sary. At present four inspectors have been chosen for this work. Withholding State Funds. — The State Super- intendent has authority to withhold one-half of the public school money from any city or district which willfully omits or refuses to enforce the provisions of this act. Before this power is exer- cised, due notice must be given to such city or school district authorities. When such city or district complies, however, with any provision of law which may not have been enforced, and for non-compliance with which any money has been withheld, the State Superintendent shall pay over to the authorities of such city or district the amount so withheld. 246 NEW YORK SCHOOL LAW REVIEW QUESTIONS When was the present compulsory attendance law enacted ? What compulsory act preceded this ? Why was it not enforced ? Define "school authorities," "persons in parental relation to a child." Into what three classes in respect to age may children be arranged who are required to attend upon instruction ? Why is the term " attend upon instruction " used instead of ''attend school?" For what period must children between 8 and 12 years of age attend school ? Between 12 and 14 years ? During what part of the year must this attendance occur ? Why? What must be the character of the attendance ? Can absence for sickness, holidays, vacations, etc., be counted part of the required eighty days ? When must children between 14 and 16 years of age attend upon instruction ? Must the attendance be at a public school ? Where may it be ? When children are instructed elsewhere than at a public school, what must be the char- acter of such instruction ? The daily period of instruction ? What about allowance of holidays, etc. ? What is the duty of persons in parental authority ? If unable to compel children in their care to attend upon in- struction, what must they do ? When is a parent or guard- ian guilty of a misdemeanor? What is the penalty for the first offence ? 4 Each subsequent offence ? When fines are collected, to whom should they be paid ? When is it un- lawful to employ children between 8 and 12 years of age ? Between 12 and 14 years ? By whom must a certificate of attendance be signed ? What is the penalty for unlawful employment of children? What disposition is made of a fine thus collected ? What record of attendance must teachers keep ? What must such record show ? Are the teachers of private schools and those employed in homes of children required to keep such record ? To whom should this record be open for inspection ? What is the penalty imposed upon teachers who refuse to answer reasonable inquiries relative to such records ? For what school districts do the school authorities ap- point attendance officers ? How many may they appoint ? Who determines the compensation of such officers? By whom may they be removed ? Who is charged with the duty of enforcing the law in such districts or cities? REVIEW QUESTIONS 247 For what districts may town boards appoint attendance officers ? How many ? Who fixes their compensation ? What is their jurisdiction ? May town boards in appoint- ing such officers limit their jurisdiction to certain school districts? Are trustees ehgible to hold this office ? Who may remove these officers from office ? What authority have attendance officers to arrest truants ? When a truant is arrested what must the officer do with such truant? After such arrest what report must the attendance officer make? To whom? How may truant schools be estab- lished? What three classes of pupils may be confined in such schools ? What power have school authorities to contract for the confinement and maintenance of truants? With the written consent of the parents or guardian, where may a truant be committed ? When the person in parental authority refuses to consent, what action should be taken ? What persons cannot be committed to truant schools ? When is the expense of such commitment a city or village charge ? When a county charge ? What instruction must be given in all truant schools ? What is the ruling of the State Superintendent as to what constitutes a satisfactory excuse for absence or tardi- ness? What help may the State Superintendent enploy to assist in enforcing this law ? How many are now em- ployed ? When may the State Superintendent withhold public money from a district ? What portion may be with- held? What action must be taken first? When must the State Superintendent pay over moneys thus withheld? CHAPTER XIX SCHOOL AND PUBLIC LIBRARIES (See Title XIII) Apportionment of Library Moneys. — Commis- sioners are required to apportion library moneys at the same time that they apportion other mon- eys to the school districts in their county as di rected by law. The law provides that an amount shall be apportioned to each school district equal to the amount which each district has raised for library purposes. The amount raised by the dis- trict may have been raised by taxation upon the district or it may have been raised by voluntary contributions, by school entertainments, or in any other manner. It is immaterial how the money is raised, so long as it is placed at the disposal of the school authorities for library purposes. If the aggregate amount raised by the school districts of a county exceeds the amount appor- tioned to such county, it is impossible to appor- tion to each of such districts an amount equal to that which each district raised for library pur- poses. The law provides that in cases of this kind each district having raised money for library SCHOOL AND PUBLIC LIBRARIES 249 purposes shall be entitled to share in the appor- tionment pro rata. As the amount appropriated by the State for library purposes is only $55,000, the amount raised by school districts in many counties has exceeded the amount apportioned to such counties, and it has been found necessary to es- tablish a limit to the amount which each district may raise with the expectation of receiving an equal amount from the State library fund. This amount has been fixed under a regulation of the State Department of Public Instruction at a sum not less than $5 and not more than $10 for com- mon-school districts, and not less than $10 nor more than $25 for union free-school districts. Even under this regulation, in some counties the amount raised by districts exceeds the amount apportioned to such counties by the State, and the library money of such counties must then be apportioned to those districts which have raised money pro rata. Districts which have not raised money in some manner are not entitled to share in the appor- tionment of library money. State Superintendent Has General Supervi- sion. — The State Superintendent has power to establish, modify, or abolish any regulation for 250 NEW YORK SCHOOL LAW the expenditure of school library money and the administration and care of school libraries. All provisions of law and rules of the State Su- perintendent for the management of district libraries shall apply to the management of school libraries until modified as directed by law. Expenditure of Library Money. — No part of the library money of a district — either that raised by the district, apportioned from State funds, or received from any other source — shall be used for any other purpose than for the pur- chase of books, and such books must be approved by the State Superintendent before being pur- chased. Superintendent May Withhold Money.— The State Superintendent may withhold from any city or district its share of public school moneys, for expending library money for any other purpose than the purchase of approved books, or for any other willful neglect or violation of law or of the regulations which the Superintendent has adopted. Librarian. — The board of education of a union free-school district and also the board of trustees of a common-school district shall appoint as librarian one of the teachers in the employ of their district. Such librarian and trustees or SCHOOL AND PUBLIC LIBRARIES 25 1 board of education, as the case may be, shall be responsible for the safe-keeping and care of the books in the library of their district. They shall annually, and oftener if called upon, make a report as the State Superintendent shall direct concerning such library. Use of School Library. — A school library can- not be used as a circulating library. It must be kept in the school building at all times and it forms a part of the school equipment. Pupils, school officers and teachers, however, may, when the rules of the State Superintendent permit, and with the consent of the librarian, borrow any book in Said library not needed for reference in the school-rooms. Such persons may not borrow more than one book at a time nor keep such book more than two weeks. Books of Which Library Shall Consist. — School libraries shall consist of reference books to be used in the school-room, suitable supple- mentary reading -books for pupils, books relating to the branches of study being pursued in the school, and pedagogic books for the assistance of teachers. It is a ruling of the State Department to allow a reasonable number of duplicate books to be purchased for supplementary reading. The exact number can not be fixed. The State 252 NEW YORK SCHOOL LAW Superintendent will not approve a list including several copies of a text-book upon any subject for the use of pupils. This would really be fur- nishing free text-books, which is not permissible. Books May be Transferred to Free Library.— The books or library property of any city or union free-school district may be transferred by the board of education of such city or union free- school district to any township or other free public library under State supervision, upon condition that such library shall remain free to the people of such city or district. Such city or district may also aid by tax or in any other way in the establishment of such free public library. The same action may be taken by any common- school district in the State when a majority of the legal voters present and voting at any meet- ing, duly convened, shall so direct. Release of School Authorities. — The approval of such transfer should be obtained from the Re- gents under their seal, and a receipt of such transfer should be taken from the officers of the free public library to whom the transfer is made. Such approval and such receipt shall thereafter relieve the school authorities of such districts or cities from further responsibility for said library and property transferred. REVIEW QUESTIONS 253 REVIEW QUESTIONS By whom is library money apportioned ? When ? What amount may each district receive? How may a district raise the amount required ? How will library money be apportioned when the aggregate amount raised by the dis- tricts of a county exceeds the amount apportioned by the State to such county ? What amount is appropriated by the State for hbrary purposes? What amount must a common- school district raise in order to share in the apportionment of State funds? In union free-school dis- tricts ? Why was this regulation adopted ? What districts are debarred from sharing in the apportionment of State library money ? What power to adopt regulations has the State Superintendent ? For what purpose must library money be expended? What books may be purchased ? What is the penalty for expending library money for other purposes than for books approved by the State Superintendent ? What for failing or refusing to comply with the regulations of the State Superintendent? By whom is the librarian of a union free school appointed ? Of a common school ? Who must be selected librarian in either case ? Who is responsible for the care and safe-keeping of a library ? What reports must be made to the State Superintendent ? May a school library be used as a circulating library ? Where must the library be kept ? Who may borrow books from such library? "^When ? For what period? How many books at one time? Of what books must such Hbrary consist ? Of what books may duplicates be pur- chased ? How many ? May duplicate text-books be purchased for pupils? Why? To whom may the library of a city or a union free-school district be transferred ? Upon what conditions must such transfer be made ? By whom is such transfer made ? When may a common- school district make such transfer ? What aid may a city or a school district give to the establishment of this pro- ject ? What approvals to such transfers should be obtained? What receipt? What is the effect of such approval and such receipt ? CHAPTER XX COURSES OF STUDY, SUBJECTS INCLUDED, ETC. — PHYSIOLOGY AND HYGIENE. Authority to Adopt Courses of Stud5^— Under subdivision 1 1 of section 47 of article 6 of title 7 of the Consolidated School Law of 1894, the au- thority to prescribe courses of study for common- school districts is given to the trustees of such districts. Under subdivision 3 of section 15 of article 4 of title 8 of the same act, the authority to pre- scribe courses of study for union free-school dis- tricts is given to boards of education of such districts. (See chapter 25, " Methods of instruc- tion and program of study.") Subjects That Must be Included in Such Courses. — There is no direct provision of law naming the subjects that shall constitute courses of study prepared by trustees and boards of edu- cation. The only express provision of law re- quiring that any subject shall be taught is the one requiring that physiology and hygiene with special reference to the effects of stimulants and narcotics shall be taught in all public schools. COURSES OF STUDY 255 Section 3 of title 16 of the Compulsory Educa- tion Law, provides that the children who are re- quired by that act to attend upon instruction shall be taught in the branches of reading, spelling, writing, arithmetic, English Grainniar, and geography. The trustee or trustees of each common-school district and the board of education of each union free-school district must include in their courses of study these subjects and in addition thereto the subject of physiology and hygiene as re- quired by law, and such subjects must be taught in all common, schools, union free schools, or other public schools created by special act. Other Subjects May be Included. — Trustees of common-school districts have the authority to in- clude in their course of study other subjects not named in the preceding paragraph. In arrang- ing such courses they should exercise proper dis- cretion. If trustees abuse the power granted them in this respect and include subjects not practical and not for the best educational inter-* ests of the district, an appeal should be taken to the State Superintendent, who has the authority to order that such subjects shall not be included in a course of study. Authority of Teachers. — A teacher has no authority in arranging courses of study and can 256 NEW YORK SCHOOL LAW not direct what studies shall be pursued. This is a matter resting solely with trustees. In most common-school districts the task of preparing a course of study is referred by trustees to teachers, and teachers prepare such courses of study under direction from trustees. Authority of Parents. — Parents cannot direct what subjects shall be included in a course of study or what subjects their children shall pur- sue. When a child is admitted to any public school such child must pursue the course of study prescribed by the legal authorities of such school. Vocal Music. — The law provides that the board of education in each city and in each union free-school district may provide for free instruc- tion in vocal music in all the schools under their management. Boards of education are not re- quired to include the subject of vocal music in their course of study, but may include it if they decide by a majority vote to do so. ■ The Superintendent of Public Instruction may provide instruction in vocal music for all teach- ers' institutes held in the State under his super- vision. The course of study in normal schools may also embrace the subject of vocal music. No express provision is made by law for teach- ing this subject in common schools; but under COURSES OF STUDY 257 the general authority of trustees to prescribe the courses of study for such schools, trustees may include the subject of vocal music. (Article 8, title 15.) Drawing. — The board of education of each city is required by law to provide for free instruction in industrial or free-hand drawing in at least one department of the schools under the charge of the board. The board of education of each union free-school district is also required by law to provide free instruction in this subject in all schools under their charge, unless excused from so doing by the State Superintendent of Public Instruction. State normal schools are also re- quired to include this subject in their course of study. Whenever the city authorities of any city shall direct that evening schools shall be established, or when the qualified voters of any union free- school district duly convened shall so direct and shall make provision for their maintenance, for the purpose of giving free instruction in industrial drawing, then the board of education of such city or district is required by law to cause even- ing schools to be organized as directed. The au- thorities of cities and the electors of union free- school districts have power to raise the necessary 258 NEW YORK SCHOOL LAW funds for the purpose of supporting such schools. (Article 7, title 15.) The trustees of common-school districts are not expressly authorized to include this subject in their course of instruction, but under their general powers conferred by law, they may m^ake it a part of their course of study. As all candi- dates for certificates above the third grade are required to pass an examination in this subject, and as all teachers in attendance upon normal schools, training classes, and teachers' institutes receive instruction in the subject, and for the further reason that the best educational opinion of the day is that such subject should be taught in all schools, therefore, trustees of common- school districts should include drawing in their course of study, although not required by law to do so. Kindergarten. — The school authorities of any union free or common school district in any county having less than 1,000,000 inhabitants, may establish one or more free kindergarten schools. They are not required by law to pro- vide these schools but may act according to their judgment in the matter. The money for the support of these schools is raised in the same manner as money for the COURSES OF STUDY 259 support of all other schools. No child below the age of four years can lawfully be admitted to these schools, and the school authorities of each school may fix the highest age limit for those who may attend. The teachers employed in these schools must be licensed under such regulations as the State Superintendent prescribes, and each district em- ploying one or more kindergarten teachers is entitled to a district quota for each of such teach- ers employed. The attendance of children be- tween four and five years of age may be included in the aggregate attendance of all pupils residing in the district upon whose attendance public money is apportioned. (Article 9, title 15.) Industrial Training. — Boards of education in cities, in union free-school districts, and in vil- lages, and trustees of public school districts have authority to establish and maintain a depart- ment or departments in the schools under their charge for industrial training and for teaching and illustrating the manual or industrial arts and the principles underlying the same. For this purpose they may purchase material, em- ploy instructors, and maintain such shops as in their judgment are deemed necessary, whenever • 17 26o NEW YORK SCHOOL LAW the proper authorities shall authorize a tax for such purpose. All normal schools in the State are required by law to give instruction in this subject to the extent required by the State Superintendent. (Article lo, title 15.) PHYSIOLOGY AND HYGIENE [See Art. 6 of Title XV] Character of Instruction. — The law provides that the nature of alcoholic drinks and other narcotics and tJieir effects on the human system shall be taught as thoroughly as other subjects are taught in all schools under State control or supported in whole or in part by the public money of the State. Such instruction must also be given in schools connected with reformatory institutions. This instruction must be given in connection with the various divisions of physi- ology and hygiene. Who Shall Receive Instruction. — The pupils in all schools described in the preceding para- graph who are below the second year of the high school and above the third year of school work, counting from the lowest primary, but not in- cluding the kindergarten, or who are in corre- sponding classes in ungraded schools, must study COURSES OF STUDY 261 and must be taught this subject from suitable text- books. All pupils who come within these pro- visions must be supplied with suitable text-books. All pupils in the three lowest primary school years, not including kindergarten, must receive oral instruction. Period of Instruction. —The ruling of Super- intendent Skinner on the subject is as follows : All pupils above the third year or grade, and below the second year of the high school, must study the subject from suitable text- books /t;^ not less than three lessons a week for ten or more weeks, or the equivalent of the same in each year. This requires thirty lessons during the school year, which may be given at any time in the discretion of the local school authorities. Any plan may be adopted which will complete thirty lessons within the school year. Where there are nine or more yo-zx^ below the high school, the instruction may be omitted above the eighth year and below the high school. Note.— All pupils in the lowest three primary (not kinder- garten) school years shall be instructed in this subject orally for not less than two lessons a week for ten weeks or the equivalent of the same in each yeat. This requires twenty lessons during each school year, arranged in the discretion of local school authorities. Text-Books. — All text-books used must be graded to the capacities of fourth year, interme- diate, grammar, and high school pupils, or to corresponding classes in ungraded schools. For students below the high-school grade, all text- books must give at least one-fifth their space, and for pupils of the high-school grade, not less than twenty pages, to the "nature and effects of 262 NEW YORK SCHOOL LAW alcoholic drinks and other narcotics." This subject must be considered in connection with each division of physiology and hygiene. Pages in a separate chapter at the end of a book can not be considered in determining the minimum pages which a book must contain. A text-book which does not comply with these provisions can not legally be used. Regents' Examinations. — All Regents' ex- aminations in physiology and hygiene must in- clude a proportionate number of questions on the nature of alcoholic drinks and other narcotics and their effects on the human system. Instruction in Normal Schools, Institutes, and Training Classes. — All normal schools in the State, teachers' institutes, and training classes must give proper time and attention to the best methods of teaching this subject. Duty of Teacher. — It is the duty of every teacher to teach this subject as required by law, and the State Superintendent, on satisfactory evidence that any teacher has willfully refused to teach the subject, should revoke the license of such teacher. No teacher can receive a certificate to teach who does not pass a satisfactory examination in the subject and the best methods of teaching it. COURSES OF STUDY 26^ Apportionment of Public Money. — Before any city can receive any of the public money of the State, the superintendent of schools of such city must file an affidavit with the city treasurer or chamberlain, and a copy thereof with the State Superintendent of Public Instruction, that he has made an investigation into the facts and that to the best of his knowledge and belief all the pro- visions of this law have been complied with in the schools under his supervision. A similar affidavit must be made by the presi- dent of the board of education of each union free- school district and by the trustees of each com- mon-school district and filed with the school commissioners having jurisdiction before such schools can receive public money from the State. Duties of School Officers. — The law provides that local school authorities must provide the necessary facilities and a definite time and place for this branch in the regular courses of study. Under this provision of law the State Superin- tendent has ruled that where school patrons are unable or unwilling to buy necessary text-books the local authorities may purchase such books at the expense of the district. Withholding Public Money. — Where it is established to the satisfaction of the State 264 NEW YORK SCHOOL LAW Superintendent, upon appeal, that any city or school district has failed to comply with the pro- visions of this law, he should withhold the public money of such city or district until it meets the requirements of the law. Religious Exercises in Schools. — Religious exercises of any character can not lawfully be conducted in any public school. No pupil can lawfully be compelled to remain in school during a religious exercise, nor can a pupil be compelled to take part in any religious exercise. No part of the time prescribed for a public school to be in session can lawfully be devoted to religious exercises of any kind. Reading the Bible or repeating a prayer is a religious exercise. These statements are based upon the uniform rulings and decisions of the State Superintendents of New York State. In many cases all the patrons of a school are willing that religious exercises should be held. In any such case, it has been the policy of the State Department not to interfere in any way with the holding of such exercises. Where a portion of the patrons of a school de- sire the observance of religious exercises and pupils assemble in the school-room previous to the regular hour for opening school, and no REVIEW QUESTIONS 265 objection is made by any taxable inhabitant of the district, such exercises may be conducted, pro- vided all pupils are permitted to act their pleasure in regard to attendance thereon, and, provided the exercises are not continued beyond the hour at which the school should regularly convene. Whenever any dissensions would arise from con- ducting religious exercises on this plan, such ex- ercises should not be held. REVIEW QUESTIONS Who have the authority to adopt courses of study for common-school districts ? For union free-school districts ? Does the law provide what subjects shall be taught in com- mon schools? What one subject must be taught ? What subjects does the compulsory education act provide shall be taught to children who are required to attend upon in- struction? What subjects, then, must be included in courses of study? In what schools must such subjects be taught? May other subjects be included? What is the remedy if trustees include subjects unreasonable, imprac- ticable, etc. ? What authority have teachers in arranging courses of study ? What authority have parents ? Can parents direct what subjects their children shall pursue in a public school ? In what schools does the law provide that vocal music may be taught ? Are boards of education required to in- clude such subject in their course of study? Where may the Superintendent provide that instruction in vocal music may be given ? May it be included in normal schools? May trustees include this subject in a course of study for common schools? What is the law in relation to teaching industrial or free- hand drawing in cities? In union free schools ? State normal schools? When must boards of education in cities maintain evening schools to give instruction in this subject ? In union free schools ? How shall funds be 266 NEW YORK SCHOOL LAW raised for supporting these schools ? Are trustees of com- mon-school districts directed by law to include this subject in their course of study ? May they include it? Why? What schools may establish kindergartens ? Is the law- mandatory or optional ? How is money for the support of these schools raised? How must teachers in these schools be licensed? Does the employment of such teachers en- title a district to a quota? What is the law in relation to attendance of pupils ? What districts may under the law maintain schools or departments for instruction in industrial training? What powers have school authorities to purchase material for this purpose ? What is the law in relation to instruction in this branch in normal schools ? In what schools must the subject of physiology and hygiene be taught? What is the provision of law relative to teaching about alcoholic drinks ? What pupils must study the subject in graded schools ? In ungraded schools ? What about kindergarten pupils ? What pupils must use text-books? What pupils must receive oral instruction?. What period of instruction from text-books must each pupil receive? What is the ruling of the State Superin- tendent on this question ? What is his ruling relative to oral instruction ? How must text-books be graded ? What portion of text-books for pupils below the high school grade must be given to this subject ? For pupils above the high school grade ? How must matters relating to this subject be distributed in text-books? What is the law relating to pages on this subject which are put at the end of a book ? What are the requirements in relation to Regents* examinations? What in relation to normal schools, institutes, and training classes ? What is the duty of a teacher in relation to teaching this subject? What is the duty of the State Superintendent in case a teacher refuses to teach the subject ? What is required of a teacher under this law in order to obtain a certificate ? What action must be taken by city authorities before cities can receive any of the State funds ? By union free schools? By common schools ? What is the duty of school officers under this law? Under what circumstances may school authorities purchase text-books? What is the duty of the State Superintendent when any city or school district fails to comply with any of the provisions of this law ? REVIEW QUESTIONS 267 Can religious exercises be, lawfully, conducted in any- public school ? Can pupils be required to remain in school during a religious exercise ? Can a pupil be compelled to take part in any religious exercise ? Can any portion of the time prescribed for public school work be devoted to religious exercises ? Is reading the Bible or repeating a prayer a religious exercise ? Under what conditions might religious exercises be con- ducted in a public school ? CHAPTER XXI TEXT'BOOKS, CODE OF PUBLIC INSTRUCTION, ARBOR DAY, FLAG LAW [See Articles 2, 3, and 15, Title XV, Consolidated School Law] Adoption of Text-Books. — In union free- school districts and cities, boards of education or bodies performing the duties of boards of educa- tion, constitute the proper authority to determine and adopt the text-books that shall be used in the schools under their jurisdiction. In common-school districts, text-books for use in such schools must be designated by the legal voters of each of such districts at an annual meet- ing. The votes of two-thirds of all the legal voters present and voting at such meeting are necessary to adopt any text-book. As the law- provides that the adoption of text -books in a common-school district shall be at an annual meeting, such action can not be taken at a special fneeting. Change of Text-Books. — After a text-book shall have been regularly adopted for the schools of a union free-school district or city by the TEXT-BOOKS 269 board of education of such district or city, or by any other body performing the duty of such board, it is unlawful for such board to supersede the books thus adopted by any other book within a period of five years from the date on which such books were adopted, except by a three- fourths vote of the members of such board. In a common-school district, after a text-book has been regularly adopted it cannot lawfully be superseded within a period of five years, ex- cept upon a three-fourths vote of the legal voters of such district present and voting at an annual meeting. After a text-book regularly adopted has been in use in a union free-school district or city for five or more years, such book may be superseded by another book, by a majority vote of the mem- bers of the board of education having jurisdic- tion. In a common-school district, after a text- book, regularly adopted, has been in use for five or more years, it may be superseded by another book, by a two-thirds vote of the legal voters of such district present and voting at any annual meeting. Penalty for Violations. — Any person or per- sons guilty of a violation of the provisions stated in either of the foregoing paragraphs, is 270 NEW YORK SCHOOL LAW liable to a fine of not less than $50 nor more than $100 for each offence. Fine, How Collected. — Any tax-payer may sue any person guilty of a violation of these provi- sions before a justice of the peace. Such fine, when collected, should be paid to the collector or treasurer of the district in which such violation occurred, and used for the benefit of the schools of such district. Supplying Pupils With Text-Books. — A meet- ing of a union free-school district may vote an appropriation for supplying indigent pupils with text-books. When such action is taken by a dis- tri:t meeting, it is the duty of the board of edu- cation to provide books for such pupils. Free Text-Books. — A majority of the legal voters of a union free-school district may decide to supply the pupils of such district with free text-books. This question may be voted upon at a special meeting regularly called, or at an annual meeting when notice has been duly given that such vote will be taken. The vote must be by the ayes and noes and must be duly recorded. When the voters of a district have decided to fur- nish pupils free text-books, the board of educa- tion of such district must supply all pupils within ninety days with free text-books. The board of CODE OF PUBLIC INSTRUCTION 2/1 education has authority to prescribe regulations for the care, use, and distribution of books. CODE OF PUBLIC INSTRUCTION Custodian of Code. — The trustee or trustees of each school district are the custodians of the Code of Public Instruction of their district, and they should deliver such code to their successors in office. Loss of Code. — If through the fault or neg- lect of any trustee, the code belonging to his district is lost or destroyed, it is the duty of such trustee to purchase a copy of the latest edition of the Code of Public Instruction and deliver it to his successor in office in the place of the copy lost or destroyed through his negligence. Penalty. — Any trustee who fails to take proper care of such code belonging to the district or who fails or refuses to replace such copy when lost or destroyed through his negligence, is subject to a fine of $25, to be sued for by the supervisors of the town in which the district is located. A fine collected from this source must be used for the purchase of books for the school library. 272 NEW YORK SCHOOL LAW ARBOR DAY. History. — Arbor Day in New York was created by chapter 196 of the Laws of 1888 and has been observed annually by the public schools of the State from that date. Since the establishment of this day the school children have planted on the school grounds of the State over 246,317 trees and many plants and shrubs. Arbor Day originated in Nebraska in 1872, and is now observed by every State in the Union. State Tree. — In 1889 the vote of the school children of the State for a State tree resulted in the sugar maple's receiving a majority of all votes cast. Since that time the sugar maple has been considered the State tree. State Flower. — In 1890 State Superintendent Draper requested the school children of the State to vote on Arbor Day for a State flower. One hundred and thirty different varieties received votes, and 31 8,0*79 votes were cast. The golden- rod received the greatest number of votes cast, 81,308, while the rose received 'jc^fi^^ votes. As no flower received a majority of the votes cast, and as the vote for the golden-rod and the rose was so evenly divided, Superintendent Draper re- quested that a vote be taken on these two flowers on Arbor Day in 1891. This vote was taken, ARBOR DAY 273 with the result that the rose received 294,816 votes and the golden-rod 206,402. The rose is therefore considered our State flower. Best American Nature Poem. — On Arbor Day of 1 89 1 the teachers of the State, in response to a request of the State Superintendent that they express their choice by vote for the best Ameri- can poem on nature or trees, selected Bryant's Forest Hymn by a majority of 156 votes. Bry- ant's Thanatopsis was second choice. Date. — Arbor Day occurs on the Friday fol- lowing the first day of May in each year. Duty of School Authorities. — The law makes it the duty of the school authorities of every pub- lic school in the State ' * to observe this day prop- erly by assembling the pupils in the school build- ing or elsewhere for the purpose of holding, under the general direction of the city superintendent or school commissioner, exercises which shall tend to encourage the planting, protection, and pre- servation of trees and shrubs, and an acquaint- ance with the best methods to be adopted to ac- complish such results." Program of Exercises. — The State Superin. tendent of Public Instruction is required to pre- pare a program of exercises and instruction for use in the public schools on Arbor Day and to 274 NEW YORK SCHOOL LAW cause the same to be distributed throughout the districts of the State. Distribution of Program. — It is the duty of school commissioners and city superintendents to provide each of the schools under their super- vision with as many copies as possible of the program prepared by the State Superintendent. School commissioners may deposit with each town clerk the programs for the school districts of the respective towns in their districts, and it is the duty of such clerks to deliver such pro- grams to the school authorities of each district. Annual Appropriation. — The State Superin- tendent recommends each year to the State legis- lature the amount necessary to carry into effect the provisions of law relating to Arbor Day. The amount expended in 190 1 was $1,000. FLAG LAW The legislature of 1895 passed an act making it the duty of the school authorities of each school district and city in the State to supply a United States flag, flagstaff, and other necessary appliances for each of the school-houses tinder their supervision. This flag should be displayed upon or near the school-house during school hours and at any other time when so directed by the school authorities. FLAG LAW 275 In cities and union free-school districts this duty rests with boards of education, and in all other districts with the trustees of such districts. This matter is not left to the discretion of these officers, as the law is mandatory and a failure to comply with its provisions is sufficient cause for removal from office. If a school-house is not supplied with a flag and the necessary appliances, or if such flag and appliances have been lost or destroyed, the trustees or board of education of the district or city in which such school-house is located should purchase a flag and appliances and levy a tax upon the district for the expense of the same. School authorities may pursue this course with- out being directed to do so by a district meeting. The State Superintendent of Public Instruc- tion is required to prepare for the use of the public schools of the State a program providing for a salute of the flag at the opening of each day of school and to provide for such other patriotic exercises as he may deem to be expedient. To also provide for the observance of Lincoln's Birthday, Washington's Birthday, Memorial Day, Flag Day, and other similar legal holidays. 18 2'j(> NEW YORK SCHOOL LAW REVIEW QUESTIONS By what authority are text-books adopted in union free- school districts? In cities? In common school districts? What vote is necessary in common-school districts? When can such vote be taken ? After a text-book has been adopted in a city or union free-school district, how- may such text-book be changed within a period of five years ? After a period of five years ? In a common-school district how may a text-book be changed within a period of five years after its adoption? After a period of five years? What is the penalty for violation of these provi- sions? How may such fine be collected? For what should it be used after it is collected? May a union free-school district supply pupils with text-books? When? How is it done ? Who is the custodian of the district's Code of Public Instruction? If a code is lost by the trustee, who should supply another copy? What is the penalty if the trustee refuses to do this? How nnist such fine be used? When was Arbor Day created? How? Where did the day originate? When? What is considered our State tree? How was it determined? What is considered our State flower? How was it determined? Give the history of the vote on this question ? What was the result of the final vote? What has been decided to be the best Ameri- can poem on nature? How was this decided? When does Arbor Day occur? What is the duty of school authorities in relation to Arbor Day ? Who prepares the program of exercises? How are such programs distribu- ted ? How is the expense of carrying out the provisions of this law met ? What amount was expended in 1895 ? State the provisions of the flag law of 1895 relative to supplying school districts with a United States flag ? When should the flag be displayed ? Where ? Upon whom does the provisions of the law fall in union free-school districts ? In all other districts ? Are its provisions left to the dis- cretion of school authorities? What is the penalty for failing to comply with its provisions ? If a district has not a flag and appliances, who should purchase one ? If a flag and appliances have been destroyed, who should replace them ? Is a vote of the district necessary in either case? CHAPTER XXII SCHOOLS FOR COLORED CHILDREN, ORPHAN SCHOOLS, INDIAN SCHOOLS, DEAF AND DUMB AND BLIND INSTITUTIONS [See Articles ii, 12, 13, and 14, Title XV, Consolidated School Law] SCHOOLS FOR COLORED CHILDREN Where Established. — Previous to September I, 1900, the school authorities of any city or of any incorporated village, the schools of which were or- ganized under the union free-school law or under special acts, possessed the power to establish schools for colored children. The legislature of 1900 amended the law relating to colored schools by repealing section 28 of title 15 of the Consoli- dated School Law. The school authorities of the cities and incorporated villages of the State are, therefore, prohibited from establishing schools for colored children. This repealing act also contained a provision that no person should be refused admission into or be excluded from any public school in the State on account of race or color. The only school districts, therefore, in which schools for colored children may be established 2/8 NEW YORK SCHOOL LAW are union free-school districts outside of cities and incorporated villages, and common-scliool districts outside of cities and incorporated vil- lages, which are organized under special acts. Schools for colored children may be organized in these districts when the inhabitants so direct by a resolution at an annual meeting or special meeting regularly called for that purpose. Children Who May Attend.— When a separate school is established for colored children in any district, the colored children residents of such district between the ages of five and twenty-one years are entitled to attend such separate school. How Supported. — When separate colored schools are established in any district such schools must be supported in the same manner and to the same extent that schools are supported in such districts for white children. Equipment of Schools. — Colored schools are subject to the same rules and regulations that control white schools, and the facilities for in- struction in colored schools must be equal to those in the schools for white children. Teachers. — The teachers employed in colored schools must be legally qualified teachers, the same as those employed in schools for white children. INDIAN SCHOOLS 27Q ORPHAN SCHOOLS The schools of all the incorporated orphan asy- lum societies in this State, except those in the city of New York, are subject to the rules and regulations of the common schools of the city or district in which such societies are located, but such schools are under the immediate manage- ment and direction of such societies. These schools are entitled to participate in the apportionment of the school moneys in the same manner and to the same extent, in proportion to the number of children educated therein, as are the common schools in the districts in which such societies are located. INDIAN SCHOOLS General Statement. — There are eight Indian reservations in this State. On these reservations twenty-nine Indian schools are maintained, in which are employed thirty teachers. Each reser- vation has a local superintendent of schools ap- pointed by the State Superintendent of Public In- struction. The superintendent of the Allegany and Cattaraugus reservation receives $300 per year for his services, and in addition thereto his legiti- mate traveling expenses while performing his official duties and three dollars per day for certain special services. The superintendents of the 28o NEW YORK SCHOOL LAW Other reservations receive $3 per day for their services and their necessary traveling expenses. The following table gives important information relative to these reservations for 19©! : Name of Reservation County of Location Name of Superintendent tn 5 t) o'S tn w. 4; xi u tificate, but if the State Superintendent does not consider the commissioner's reasons valid, he will direct such commissioner to issue the certifi- 328 NEW YORK SCHOOL LAW cate. Immoral character or lack of ability to govern or manage a school has been held to be a valid reason for withholding a certificate. Indorsement of Certificates by the State Super- intendent. — The State Superintendent of Public Instruction may in his discretion indorse State certificates issued in other States, or normal- school diplomas issued by the authorities of normal schools of other States. When such certificates are indorsed by the State Superin- tendent, they have all the force and efi:ect of State certificates and normal-school diplomas issued by the proper authorities of this State. Indorsement of Certificates by School Commis- sioners. — School Commissioners are required under the regulations prescribed by the State Superintendent of Public Instruction to indorse first grade, second grade, and training-class cer- tificates; and drawing, kindergarten, and vocal- music certificates issued under the uniform sys- tem of examinations, or to assign valid reasons for refusing to do so. When such certificates are indorsed by another commissioner, they have the same value in the district of the commis- sioner who indorsed them as in the commissioner district for which they were originally issued. Commissioners may act their pleasure about in- teachers' qualifications 329 dorsing third-grade certificates. They are not required to indorse them. When certificates of this grade are indorsed, the indorsement should show the specific school district for which they are made valid. The State Superintendent of Public Instruc- tion has ruled that the holders of certificates which school commissioners are required under his regulations to indorse are legally qualified to contract to teach in any school-commissioner district in the State. They may legally con- tract in such districts before their certificates have been indorsed by the commissioner having jurisdiction. After making a contract in a com- missioner district other than the one for which a certificate is valid, the holder of such certifi- cate should present it for indorsement to the commissioner having jurisdiction over the dis- trict for which such contract was made. If a school commissioner refuses to indorse such cer- tificate, its holder may appeal from the action of the commissioner to the State Superintendent of Public Instruction, who will determine upon the validity of the reasons assigned by the com- missioner in refusing his indorsement. (No. 4888.) Payment of Unqualified Teachers. — No part 330 NEW YORK SCHOOL LAW of the school moneys apportioned to a school district can be applied to the payment of the wages of an unqualified teacher. Nor can the wages of an unqualified teacher be collected by a tax upon the district. Any trustee who applies such money or who directs or consents to the use of such money contrary to these provisions, is guilty of a misdemeanor. Any fine imposed therefor must be for the benefit of the common schools of the district. (Sections 39 & 45, Art. 5, Title 7.) Any trustee or trustees who employ unquali- fied teachers are personally responsible to such teachers for their salary. (Sec. 9, Title 7.) A trustee or trustees who wilfully employ a teacher not legally qualified may also be re- moved from office by the State Superintendent of Public Instruction. (Sec. 15, Title i.) Revocation of Certificates. — There are two authorities by either of whom teachers' certifi- cates may be revoked, namely, the State Super- intendent of Public Instruction and^ a school commissioner. The State Superintendent of Public Instruction may revoke a certificate of any grade by whomsoever issued, for all reasons on which such action may be legally taken. Since the enactment of the consolidated school TEACHERS QUALIFICATIONS 33 1 law of 1894, school commissioners have had authority to revoke certificates on the ground of immoral conduct only. On this ground a com- missioner may revoke a State certificate, a normal-school diploma, a college-graduates' cer- tificate, or a certificate issued by any school commissioner in the State. (Sec. 11, Title i, and subdivision 6 of Sec. 13, Title 5.) Whenever charges have been preferred to a commissioner against the moral character of a teacher, it is the duty of the commissioner to furnish such teacher a copy of these charges and to also notify the teacher of a time and place at which a hearing will be given thereon. At this hearing the evidence in support of such charges must be presented, after which the accused is entitled to present evidence to disapprove such charges. . The accused is also entitled to be repre- sented by counsel. When a certificate issued by the State Superintendent or a normal-school diploma is Revoked by a commissioner on these grounds, the commissioner should immediately file with the State Superintendent a notice of such action. A school commissioner cannot revoke a certifi- cate for deficiency in scholarship or for inability to manage or govern a school. These are ques- 332 NEW YORK SCHOOL LAW tions which the commissioner should have deter- mined before issuing a certificate. The issuance of the certificate presupposes that proper investi- gation has been made in regard to the candidate's qualifications, and that such qualifications have been found to be satisfactory to the commissioner. The only authority to revoke a certificate on this ground is the State Superintendent of Public Instruction. There are two ways of disposing of an inefii- cient teacher. One way is to establish such inefficiency to the satisfaction of the State Super- intendent, upon direct appeal for that purpose in due form. The State Superintendent will then revoke the certificate of such teacher. The sec- ond method is for the board of trustees to dis- miss the teacher. Then, if the teacher appeals from the action of the board, the State Superin- tendent becomes the judge of the validity of the grounds upon which the board based its action. The charge of inefficiency must in this case, also, be proved to the satisfaction of the State Super- intendent. If proved, he will sustain the action of the board, A certificate should not be revoked for immoral conduct which occurred previous to "the issuance of the certificate if such conduct was known to TEACHERS QUALIFICATIONS 333 the official who issued the certificate at the time he issued it. Charges of immoral conduct against a teacher must be definite and specific so that the accused will know with just what acts he is charged. A commissioner has no power to place the holder of a certificate upon trial on general charges of immoral conduct. The consolidated school law provides that cer- tificates may be revoked for the following specific causes : 1. Failure to attend teachers' institute as re- quired by law. (Sec. 6, Title lo.) 2. Failure to complete an agreement to teach a term of school without assigning a valid reason. (Sec. ii, Art. 6, Title 7.) 3. Immoral conduct. (Sub. 6, Sec. 13, Title 5.) In cases which have come before State Super- intendents of Public Instruction upon appeals it has been held that certificates may be revoked for a teacher inflicting upon a pupil unreason- able, unnecessary, and cruel punishment, and also for intemperance upon the part of the teacher. Superintendent Draper held that the severe penalty of revoking a certificate should not be imposed except for a cause sufficiently grave to 334 NEW YORK SCHOOL LAW justify a permanent prohibition of the right to teach. (No. 3572.) In an appeal case recently decided by Superin- tendent Skinner the broad and reasonable princi- ple was maintained that the general conduct of a teacher should be such as to inspire the fullest confidence of parents, and that when the acts and general conduct of a teacher were such as to produce the opposite result, such teacher was unfit to be permitted to remain in the teaching service. (No. 4644.) The revocation of a certificate terminates any existing contract between the holder of such cer- tificate and a trustee or trustees. Who May Contract. — Any person can enter into contract to teach a public school who holds a legal certificate of qualification. Contracts With Minors. — A minor may con- tract with a board of trustees to teach a public school. A minor making such contract must complete the term of contract, and for a failure to do this without a valid reason, such minor's certificates may be revoked. Under the general law of contracts, a minor would not be responsi- ble to a board of trustees for any damage claimed by reason of such minor's failing to "comply with the terms of their contract. teachers' qualifications 335 Contracts With Married Women. —Section 21 of the domestic relations law gives married women the right to make contracts and to re- ceive compensation thereon. By Whom Employed. — Teachers must be employed by the trustees of the districts or by the board of education. A school district meet- ing cannot direct what teachers shall be em- ployed. This is a power to be exercised solely by the trustees or by a board of education. Employment of Relatives. — No person related to one or more of the trustees of a common- school district by blood or marriage can be em- ployed by such trustees unless such action is approved by two-thirds of the voters of such dis- trict present and voting at an annual or a special meeting of the district. In a Union free school district no person can be employed by a board of education, who is re- lated by blood or marriage to any member of the board, except by a two-thirds vote of such board, and such vote should be entered upon the proceedings of the board. When a teacher, who is a relative of a trustee of a common-school district or of a member of a board of education, has been employed under the approval of such district or such board as 336 NEW YORK SCHOOL LAW Stated above, and the same trustees or board of education desire to employ sucli teacher for the next ensuing year, it is not necessary to obtain a second approval of such district or board. (D. 4588.) Period of Employment. — A trustee or trustees cannot employ a teacher for a shorter period than ten weeks, except to fill out an unexpired term. Nor can a trustee or trustees contract with a teacher for a longer period of time than that for which such teacher's certificate of qualification is valid. All contracts must be for a specific time. A trustee cannot legally employ a teacher for '* as long as her work is satisfactory." The trustee or trustees of a district may con- tract for the employment of a teacher for a period of one year extending beyond the then current school year. This power of contracting for the ensuing year is possessed by a sole trus- tee as well as by a board of three trustees. A teacher employed contrary to these provi- sions has no claim against the district for salary, but she may enforce the contract against those making such contract as individuals. Form of Contract. — Trustees are required to make and deliver to each teacher employed a written contract. This contract must be signed teachers' qualifications 332 by the trustee or trustees or some person authorized by said trustee or trustees to repre- sent them. This contract should show the agreement be- tween the trustees and teacher in relation to the period of employment, the amount of compensa- tion, and when the same shall be payable. It is also advisable to state in the contract whether the teacher is to be employed in a primary or grammar department, or to perform work along special lines, or to act as the principal. A verbal contract the terms of which can be proved is binding and can be enforced. It is advisable, however, for trustees to issue written contracts and for teachers to insist on receiving them. In a district having more than one trustee, the contract must be made by a majority of such trustees and at a meeting regularly held. The contract is not legal if the consent of the trustees is obtained separately and not at a meeting prop- erly convened. A contract made by one trustee when duly authorized to act as the agent of the other trustees of the district is bindinof. When Compensation is Due. — Teachers can require trustees to pay them as often at least as at the end of each calendar month of the term \ 338 NEW YORK SCHOOL LAW of employment. A contract cannot legally be made providing that a teacher shall not be paid until the end of the term. A contract pro- viding that a teacher shall not be paid as often as at the end of each calendar month is not binding, and such teacher can insist upon payments being made at the end of each calen- dar month. There is no legal objection to a contract which provides that a teacher shall be paid oftener than at the end of each month. (At the close of this chapter the form of con- tract pre{)ared by the State Superintendent of Public Instruction is given. Any other good form may be used.) Orders on Supervisors and District Collector or Treasurer. — The law provides that trustees may issue orders on the supervisor of the town and on the collector or treasurer of the district in payment of teachers' salaries. The law also makes it a misdemeanor for a trustee to issue an order on any of these officers unless there are sufficient funds in the hands of such officer to pay the same. Teachers are therefore required under the law to accept such orders properly issued in payment of their salaries. A teacher is not, however, required to accept a check from a supervisor, collector, or treasurer. These teachers' qualifications 339 ofi5cers are required to honor such orders by- paying the money thereon. Payment When School is Closed. — Whenever school is closed by proper authorities during a term for which a teacher has been engaged and the teacher is thereby restrained or prevented from teaching, such teacher is entitled to full compensation for the time school is thus closed. Cases of this kind arise when a school is closed by the school authorities or the health authori- ties, owing to the prevalence of a contagious dis- ease, or when the school-house has been de- stroyed by fire or otherwise. Trustees of rural schools often direct that schools shall be closed for a day for funerals and other occasions, and in all such cases the teachers employed in such schools are entitled to full compensation for such time. When a trustee refuses to pay a teacher for such time, the remedy for the teacher is to appeal in proper form to the State Superintend- ent of Public Instruction. Dismissal of Teachers. — A teacher cannot be dismissed during a term of employment except for reasons which the State Superintendent would consider sufficient if brought before him upon appeal. Breach of contract, neglect of 340 NEW YORK SCHOOL LAW duty, immoral conduct have each been held to be sufficient reasons. Whenever a teacher is dismissed by a board of trustees without sufficient cause, he should hold himself in readiness to complete his contract and should make all reasonable efforts to do so. Under these circumstances a teacher would be entitled to full compensation for that portion of the term for which he was employed, but during which he did not teach owing to his being dis- missed. If a teacher acquiesces in the action of a board of trustees in dismissing him, he is not entitled to compensation for the portion of the term which he failed to teach on account of such dismissal. A board of trustees may dismiss a teacher with- out cause upon paying such teacher full compen- sation for the whole period for which such teacher was employed. The teachers' remedy in these cases is to be found either in the courts or in an appeal to the State Superintendent. The latter is preferable. The appeal may be for a reinstatement in the position from which the teacher was dismissed or for the payment of salary for the time the teacher was deprived from teaching. Record of Attendance. — It is the duty of TEACHERS QUALIFICATIONS 34I teachers to keep a record of attendance of all pupils in the school register provided for that purpose. This record must be kept as required under the directions given in the register which is prepared under the supervision of the State Superintendent. It is important that these records shall be kept accurately, as they form the basis for apportioning part of the State school moneys and are also important in connec- tion with the enforcement of the compulsory- attendance law. Teachers are responsible for the safe keeping of these records and should deliver them upon the close of their term of engagement to the clerk of the district. Verification of Records. — Teachers are re- quired to make affidavit to the correctness of the register kept by them. This affidavit may be taken by the district clerk and without charge. A teacher is not entitled to receive pay for any time taught until affidavit is made to the correct- ness of the register for the period for which pay- ment is made. Rules and Regulations for Teachers.— A board of tru'stees may prescribe general rules for the management of the school. When such rules have been adopted, it is the duty of teachers to 342 NEW YORK SCHOOL LAW enforce them, and so far as they affect the teach- ers themselves to comply with them. The mem- bers of a board of trustees have no authority to enter the school-room to direct any of the work in progress or to direct the method of enforcing the rules of the board. This power rests solely with the teacher. School Hours. — The school law does not define the hours that shall be devoted to school work. Custom has fixed the hours from 9 A. M. to 12 M. and from i P. M. to 4 p. m. An intermis- sion of ten or fifteen minutes is given each half- day session. The board of trustees of a district may, however, designate other hours during which the school shall be in session. If these hours are reasonable, it is the duty of teachers to conduct school during the hours designated. If unreasonable hours are designated by a board, the State Superintendent of Public Instruction may, upon appeal in due form, modify the hours fixed by such board. Closing School — A teacher has no authority to close school on any school day without the consent of the board of trustees. A teacher who does close school on a school day without such consent is guilty of a breach of contract, and may be dismissed by the board. The consent of trus- teachers' qualifications 343 tees is not necessary in order to close school on a legal holiday or a general election day, or for the purpose of attending a teachers' institute, as required by law. Janitor Work. — Neither teacher nor pupil can be compelled to do the janitor work of the school building. If the contract between the teacher and the trustees provides that the teacher shall perform this work, then it becomes the duty of the teacher to do it upon the ground that she has consented to do so by special agreement in her contract. A teacher who voluntarily does this work is not entitled to compensation for performing it. Enforcement of Payments. — A teacher may bring an action in court for vSalary due him which has not been paid. He may also apply to the court having jurisdiction for a writ of mandamus compelling the trustees to pay the salary to which he is entitled. These methods are ex- pensive and require more time than teachers can generally give for the adjustment of such cases. The most inexpensive way and the method by which adjustment can be reached in the shortest period of time is to appeal in due form to the State Superintendent of Public Instruction, who 344 NEW YORK SCHOOL LAW has power to direct such payments and to enforce his decision. Wearing Religious Garb. — There is no stat- ute law in this state regulating the dress which shall be worn by teachers. The general influ- ence upon the school system of teachers wear- ing a religious garb has been brought by appeal before the State Department in two cases. In March, 1887, on an appeal from the action of the board of education of Suspension Bridge, Super- intendent Draper ruled as follows : " The wearing of an unusual garb, worn exclusively by members of one religious sect and for the purpose of indi- cating membership in that sect by the teachers in a public school, constituted a sectarian influence, which ought not to be persisted in. The same may be said of the pupils addressing the teachers as ' Sister Mary,' ' Sister Martha,' etc. The conclusion is irresistible that these things may constitute a much stronger sectarian or denominational in • fluence over the minds of children than the repetition of the Lord's Prayer or the reading of the scriptures at the open- ing of the schools, and yet these things have been pro- hibited whenever objection has been offered by the rulings of this Department from the earliest days, because of the purpose enshrined in the Hearts of the people and em- bedded in the fundamental law of the State, that the public school system shall be kept altogether free from matters not essential to its primary purpose and dangerous to its harmony and efficiency." (D. 3520.) In deciding an appeal from the action of the Board of Education of West Troy School Dis- TEACHERS QUALIFICATIONS 345 trict (now Watervliet), involving the same point, Superintendent Skinner held as follows: I therefore concur in the opinion of my predecessor in office, viz., that the teachers in the pubhc schools of the State ought not to wear the distinctive garb of any religious denomination, order, sect, or society, but ought to dress in the usual costume worn by men and women generally ; and that any other costume or usage is inimical to the best educational interests of the locality and should be discon- tinued by direction of the local school authorities whose duty it is to so administer the trusts reposed in them as to bring about the very best results with the least irritation, and in harmony with the spirit of the section of the organic law herein quoted. The school best does this which avoids any reference d,rectly or indirectly to any particular denomination, sect, or order, both in the construction of the buildings used for school purposes and in the dress worn by the teachers employed therein. To those not satisfied with this com- plete and absolute severance of secular and religious in- struction, the private school is open. I also decide that it is the duty of the respondents to re- quire the teachers employed by them to discontinue the use in the Public School room of the distinguishing dress or garb of the religious order to which they belong. (D. 4516.) On May 15, 1897, Superintendent Skinner di- rected the Board of Education of Watervliet to notify and require all teachers employed in that city and wearing a religious garb to discontinue the use of such garb. The board was also directed, in case any such teacher should re- fuse or fail to comply with such requirement, 346 NEW YORK SCHOOL LAW to dismiss such teachers from employment in the public schools of the city of Watervliet. An order was also issued by the State Superintend- ent prohibiting the County Treasurer from pay- ing the money apportioned to this city until di- rected to do so by the Superintendent. (D. 4546.) Retired Teachers Pensioned. — Any teacher who has taught continuously in a town for twenty-five years or more and is a resident thereof, may, upon a majority vote of the voters of such town- — such vote to be ascertained as provided by law — be retired from service and be paid thereafter while a resident of such town, one- half the amount of the salary paid such teacher for the last year devoted to teaching in such town. (Ch. j^-j, 1895.) When Teacher's Illness Prevents Teaching. — Whenever a teacher under contract is unable to teach by reason of illness, such teacher should report the fact of such illness to the trustee or trustees. These officers may, if they desire, employ a substitute teacher during the illness of the regular teacher. Such regular teacher has no voice in determining who the substitute teacher shall be. This is a question to be de- termined solely by the trustees. If the illness of a teacher is continued for a long period, and TEACHERS* QUALIFICATIONS 347 there is not reasonable hope of sufficient recov- ery to enable such teacher to resume teaching, the trustees may inform such teacher that the contract has been declared void by her inability to perform her part of it. The trustees may then employ another teacher, and if the teacher dismissed feels aggrieved, she may appeal from the action of the trustees to the State Superin- tendent. Authority Over Pupil. — There is no provision in the consolidated school law defining the authority which a teacher has over the pupils under his charge. The decisions of the courts and the rulings of the State Superintendent of Public Instruction are, that the authority of the teacher over pupils is the same as that of a parent over a child, or as it is usually expressed that a teacher stands in loco parentis to his pupils. The authority of the teacher begins at the time the pupil arrives upon the school grounds, ex- tends to the close of school, and continues until the pupil has left the school grounds. Cases may be cited in which the courts have held that the authority of the teacher extends beyond these limits, and that the pupil is accountable to the teacher for his conduct on the way to and returning from school, and even elsewhere, 348 NEW YORK SCHOOL LAW when such conduct has a direct bearing upon the discipline and general welfare of the school. These are not, however, recent decisions, and are not safe guides for teachers of the present time. A modern view of courts and of depart- ments having judicial powers is to restrict the authority of the teacher over the pupil to the time between the arrival of the pupil upon the school grounds and his departure therefrom. The superintendents of this State, from Super- intendent Gilmour to Superintendent Skinner, have taken this view. Superintendent Draper held that the authority of the teacher was not absolute during the noon recess, and that a pupil possesses a legal right to leave the school grounds during the noon recess with the consent of his parents. (D. 3698.) The right of a teacher to detain a pupil after school hours is questionable. Where a parent objects to such detention, a teacher should not insist upon it. The authority of the teacher, however, is restricted by the rules and regulations of a board of education or a board of trustees. Where a board of education or a board of trustees has prescribed regulations to govern the discipline TEACHERS QUALIFICATIONS 349 of the school, it is the duty of teachers to keep within the bounds of such regulations. Employment of Teachers in Cities. — On January i, 1897, the provisions of chapter 103 1 of the Laws of 1895 went into operation. These provisions relate to primary and grammar school teachers, but do not apply to teachers of any other grade. Teachers who were employed under a valid contract at the time this law went into operation may be continued in the service, even if they do not possess the qualifications prescribed by this law. But all teachers who have been employed since January i, 1897, or who shall hereafter be employed in any primary or grammar school in any city in this State authorized to employ a superintendent of schools must possess one of the three following qualifi- cations : First. — Such teacher must hold a diploma issued by one of the normal schools of this State or a life State certificate issued by the State Superintendent of Public Instruction. Second. — Such teacher must have had at least three years' experience in teaching and must possess a certificate issued by the proper local authorities. Third. — Such teacher must have graduated 350 NEW YORK SCHOOL LAW from a high school or academy, or some other institution of equal or higher rank, having a course of study of at least three years, which is approved by the State Superintendent of Public Instruction. Such teacher must also have com- pleted subsequent to such graduation a course of not less than thirty-eight weeks in a school or class for the professional training of teachers, and must hold a certificate issued by the proper local authorities. Such professional course must also be approved by the State Superintendent of Public Instruction. Suspension of Pupils. — There is no provision of law defining definitely the right to suspend a pupil from attendance upon school. This sub- ject has been a question for the judicial consid- eration of State superintendents and of the courts. The present compulsory education act has so modified this question as to change materially former rulings relating thereto. We shall not therefore discuss these former rulings, but, shall consider the question in its present aspect. The trustee or trustees of a district is the proper authority to suspend pupils. A teacher does not possess this authority. A teacher may, for proper reasons, dismiss a pupil for the day, teachers' qualifications 351 but not for a longer period. When a pupil is dismissed for a day, the teacher should at the close of school on such day report the facts in the case to the trustees. A board of trustees has the power to prescribe regulations for the government of the schools under their manage- ment, and such board may therefore prescribe regulations governing the suspension of pupils. If in such rules a board designates specific offenses for which a pupil may be suspended, and such rules also provide that for such offenses a teacher may suspend a pupil, the teacher has the power to enforce such rules and suspend the offender. State Superintendent Skinner holds that pupils between the ages of eight and six- teen years who are required to attend upon in- struction cannot be suspended from a public school for a longer period than ten days, unless the trustees provide a place at which such pupil may receive instruction equivalent to that re- quired under the compulsory education act. Public opinion supports the theory that schools are established for the purpose of educating children, and that for grave causes only will school authorities be warranted in denying them the privilege of attendance thereon. Expulsion of Pupils. — A board of trustees is 352 NEW YORK SCHOOL LAW the proper authority to expel a pupil from at- tendance upon a public school. A teacher does not possess this authority. A pupil required to attend upon instruction under the compulsory attendance act cannot be expelled from a public school unless the school authorities provide a place where such pupil may attend upon such instruction. A pupil having a contagious disease is not in a proper physical condition to be required to at- tend upon instruction, and may, during the con- tinuance of such disease, be denied school priv- ileges. To permit such pupil to continue in attendance upon school would expose other pupils to the dangers of such disease. Incorrigible pupils and pupils whose moral senses are so depraved that their association with other pupils would contaminate such pupils may be expelled from public schools. If such pupils are between eight and sixteen years of age and are required to attend upon instruction under the compulsory attendance act, they should be proceeded against as disorderly persons. Corporal Punishment. — There is no direct statute enactment regulating the right of a teacher to inflict corporal punishment. Section TEACHERS' QUALIFICATIONS 353 223, however, of the Penal Code provides that it shall not be unlawful for any parent, guardian, master, teacher, or the authorized agent of a parent, in the exercise of a lawful authority, to restrain or correct his child, ward, apprentice, or scholar, provided the force or violence used is reasonable in manner and moderate in degree. Under the general provisions of the Consoli- dated School Law, a board of trustees of a com- mon school district, or a board of education of a union free school district, possesses the authority to prescribe rules and regulations for the gov- ernment of a school. When a board of trustees or a board of education adopts a regulation pro- viding that corporal punishment shall not be inflicted, a teacher has no legal authority to re- sort to that mode of punishment. If a board of trustees or a board of education should adopt a regulation of this kind, and a teacher, in violation thereof, should inflict corporal punishment upon a pupil, such teacher would be committing an assault and subject to the penalties provided by the Penal Code. In the absence of a regulation of this kind hav- ing been adopted b)'- a board of trustees, a teacher may, under the protection of section 223 of the 354 NEW YORK SCHOOL LAW Penal Code, inflict corporal punishment, provid^ ing such punishment is reasonable and moderate in degree. In inflicting this mode of punish- ment, a teacher should give full consideration to the gravity of the offense, the general effect of such offense upon the school, the temperament and the other physical conditions of the pupil. Cases of school discipline are rare in which teachers should finally resort to this extreme if not barbarous mode of punishment. FIRE DRILLS [See Chapter 201, Laws of 1901] Duty of Principal, etc. — Each principal or other person in charge of a public or private school or other educational institution, having more than 100 pupils, is required to instruct and train such pupils by means of drills, so that in any sudden emergency these pupils may be able to leave the school building in the shortest possible time and without confusion or panic. These drills or dis- missals must be held as often as at least once each month. Penalty. — Any principal or other person fail- ing to perform the duty required in above para- graph is guilt}'- of a misdemeanor, punishable at teachers' qualifications 355 the discretion of the court by a fine not exceed- ing $50. Such fine must be paid to the pension fund of the local fire department where there is such a fund. Duty of Board of Education. — The board of education of any city or district to which this act applies, or any other body having control of the schools to which this act applies, must have a copy of the act relating to fire drills printed in a manual or handbook prepared for the guidance of teachers. teacher's contract [SuBD. 10, Section 47, Title 7, Consolidated School Law] I , of counly of , a duly qualified teacher, hereby contract with the board of trustees of District No town of , counly of , to teach the public school of said district for the term of consecutive weeks, commencing , i , at a weekly compensation of dollars and cents, payable at the end of each thirty days during the term of such employment. And the board of trustees of said district hereby contract to employ said teacher for said period at the said rate of compen- sation, payable at the times herein stated. Said board of trustees reserve the right to provide for a vaca- tion or vacations of not more than .... weeks in the aggregate during said term. Dated , i ... , Teacker. Trustees. This contract should be executed in duplicate and one copy thereof given to the teacher and one retained by the board. 356 NEW YORK SCHOOL LAW REVIEW QUESTIONS What certificate must a teacher hold to be qualified to teach in a school commissioner district ? In a city ? How old must a person be before being eligible to receive a teacher's certificate ? How are State certificates issued ? What rights do they confer? Explain the difference be- tween those issued previous to 1875 and those issued since that date ? What are college graduates' certificates ? What rights do they confer? Who are eligible to receive them ? What are normal school diplomas ? What rights do they confer ? What are commissioners' uniform certificates ? Name the certificates issued under the uniform system ? Who are eligible to receive first-grade certificates ? For what period are they valid ? For how long may they be renewed ? Who may receive second-grade certificates ? Explain their value. Explain the value of a third-grade certificate. How may a person entitled to receive a third- grade certificate legally contract to teach ? Who are eligi- ble to receive a training class certificate ? Explain their value. Explain the value of drawing certificates. When may a drawing teacher teach drawing and do general teach- ing also? Explain the value of kindergarten certificates. Vocal music certificates. When may a kindergarten teacher teach kindergarten and do general teaching also ? A music teacher teach vocal music and do other teaching also? By whom may temporary licenses be issued? For how long ? Are commissioners required to issue certificates to candi- dates who have passed the required examination ? What are valid reasons for refusing to do so ? What remedy has the aggrieved party? What certificates of qualification may the State Superintendent indorse ? What is the effect of such indorsement ? What certificates are school commis- sioners required to indorse? When may a commissioner withhold his indorsement? What is the efifect of such in- dorsement? What are the requirements in relation to the indorsement of third-grade certificates ? What is the ruling of the State Superintendent in relation to the right of a teacher to contract who holds a certificate subject to in- dorsement ? What is the remedy for a person holding such certificate when a commissioner refuses to indorse it? What moneys cannot be applied toward the payment of an unqualified teacher ? If a trustee appropriates these moneys for the payment of an unqualified teacher, what is the penalty ? Who are responsible to such teachers, when REVIEW QUESTIONS 357 employed, for their salaries ? What is the penalty for wil- fully employing an unqualified teacher? What authorities may revoke a teacher's certificate? What certificates may the State Superintendent revoke? A school commissioner? Upon what grounds may the State Superintendent revoke a certificate ? For what one cause m.iy a commissioner revoke a certificate? What is the duty of a commissioner when charges against the moral character of a teacher have been presented to him ? To what rights is a teacher thus charged entitled at a hear- ing? Why cannot a commissioner revoke a certificate for deficiency in scholarship or for inability to govern or man- age a school ? Who is the only authority to revoke a certi- ficate upon these grounds ? Explain fully each of two ways of disposing of an inefficient teacher. Can a certificate be revoked for immoral conduct previous to the date of issuance of such certificate, and when such conduct was known to the official at the time he issued such certificate ? What must be the character of charges preferred against a teacher? Can a teacher be placed on trial for general charges of immoral conduct ? For what three causes does the consolidated school law provide teachers' certificates may be revoked ? For what causes have State Superintendents held certificates may be re- voked? What did Superintendent Draper hold in relation to revoking a teachers' certificate ? What effect does the revocation of a teacher's certificate have upon an existing contract ? Who may contract to teach? May a minor contract? Is a minor required to complete a term for which contract has been made ? Under what penalty ? Is a minor sub- ject to suit for damages for failing to complete a contract? May married women contract? By whom are teachers employed ? Can a district meet- ing direct what teachers shall be employed ? When may the trustees of a common-school district employ a relative ? Of a union free-school district? In either case may the same trustees or board employ such teachers the next en- suing year without second approval of district or board ? What is the shortest period for which a trustee may em- ploy a teacher? What is the limitation as to the period of time for which a teacher may contract? May a trustee employ a teacher for " as long as her work is satisfactory ? " May the trustees of a common-school district contract for a period beyond the current school year? For what period 358 NEW YORK SCHOOL LAW beyond ? What remedy has a teacher emplo5'-ed contrary to the above provisions ? What contract should be given to each teacher? By whom should it be signed ? What essential facts should such contract contain? Is a verbal contract binding? Must a contract be made at a meeting of a board ? When is a contract made by one member of a board of two or more trustees binding? How often can teachers insist upon receiving their pay ? Is a contract providing that the salary of a teacher shall not be paid until at the end of the term legal ? If such contract is made, how often may a teacher insist upon being paid ? May a legal contract be made providing a teacher shall be paid oftener than monthly? Upon what officers may trustees issue orders in payment of teachers' salaries ? Why these officers ? May they issue orders for an amount greater than that held by such officers? What is the penalty for a violation of this pro- vision of law ? Under what conditions may teachers receive compensation for time during which school is closed ? Give illustrations coming within these provisions. What is the teacher's remedy in cases of this kind when trustees refuse to pay for such time ? What is the law regulating the dismissal of teachers? What reasons have been held to be sufficient? What should a teacher do when dismissed by a board of trustees in order to be entitled to his compensation for the full period of his contract? What would be the legal effect if a teacher should acquiesce in such dismissal ? When may a trustee dismiss a teacher without cause ? In these cases in what two ways may a teacher seek relief? Which is preferable ? What relief may be requested ? What record of attendance are teachers required to keep ? How must such record be kept ? Why is this an important record ? Who is responsible for the safe keeping of the register? To whom should the register be delivered after a term of school is closed ? What records must the teacher verify? Who may administer this oath? When must a teacher verify this record ? Who is the proper authoritv to prescribe rules for the government of a school ? When such rules have been adopted, what isthe duty of the teacher in relation thereto? May trustees enter a school room and direct the enforce- ment of such rules ? Does the law define the school hours ? What are the REVIEW QUESTIONS 359 usual hours? May other hours be fixed? Who possesses the authority to fix these hours? If unreasonable hours are designated what is the relief? May a teacher close school for any period without the approval of the trustees ? What is the effect upon contract of closing school without such consent? Is this consent necessary to close school on a legal holiday or for attending an institute? Is a teacher required to do the janitor work ? A pupil? When may a teacher be required to do this work ? Why ? Is a teacher entitled to compensation for voluntarily per- forming this work ? In what two ways may a teacher bring an action in court to enforce payment of salary? Why are these methods objectionable? What other method may be pursued? Why is this preferable? Is there a provision of law regulating the garb which shall be worn by teachers? When and in what case was this question passed upon by Superintendent Draper? What was his decision in the matter? When did Superin- tendent Skinner pass upon the question? In what case? What was his decision ? What further action in this case did Superintendent Skinner take on May 15, 1897? Ex- plain the law in relation to pensioning retired teachers. When a teacher under contract is unable to teach by reason of illness what should she do ? Who may select a substitute teacher, if one is desired, during the illness of a teacher? Has the regular teacher any voice in the em- ployment of such substitute ? Under what conditions, in a case of this kind, may a trustee declare a teacher's con- tract void? What remedy has a teacher for unfair treat- ment in such cases? What is the general ruling in relation to the authority of a teacher over a pupil ? Define the limits of a teacher's authority- What extreme views have courts taken on this question? Arethese decisions safe guides for the present ? What is the modern view of courts and of judicial depart- ments upon this question ? What has been the uniform rulings of the State Superintendents? Explain the ruhng of Superintendent Draper in relation to the authority of a teacher over a pupil during the noon recess. The right of a teacher to detain pupils after the regular school hours, irlow IS the authority of a teacher restricted in this matter? What legal effect has the regulations of aboard of trustees upon the teacher's power? To what schools do the provisions of chapter 1031 of the Laws of 1895 relate? To what cities ? Does it relate in any 360 NEW YORK SCHOOL LAW way to schools outside of cities ? What schools ? How does this law affect those who were employed at the time it went into operation ? When did it go into operation ? Name each of the three qualifications one of which must be possessed to be employed in a school under this law? By what authority has the subject of suspension of pupils been considered? What has changed rulings on this subject ? Who is the proper authority to suspend a pupil ? May a teacher dismiss a pupil ? For what period ? What should a teacher do in such case ? When may a teacher suspend a pupil ? What is the ruling of Superin- tendent Skinner on suspending pupils between 8 and 16 years of age ? What is public opinion on the theory of the establishment of schools ? Who possesses the authority to expel a pupil ? How does the compulsory attendance act affect the expulsion of pupils? Why may a pupil having contagious disease be expelled? What other pupils may be expelled? How should they be proceeded against ? Discuss the right of a teacher to inflict corporal punishment. What is the duty of principals in relation to fire drills ? What is the penalty for violation of this law ? CHAPTER XXVI UNIVERSITY OF THE STATE OF NEW YORK [chapter 378 LAWS OF 1892, AS AMENDED TO I902] Origin. — In 1784 this institution was created by an act of the legislature under the corporate name, " Regents of the University of the State of New York." In 1889, the name was changed by the State Legislature to " University of the State of New York." Section 2 of article IX of the Revised State Constitution of 1894 continues the institution under the name given it by the legislative act of 1889. What the University is. — The university is a Department of the State government which has charge of secondary and higher education. Its officers are located in the State Capitol at Albany. Its work is supervisory and administrative. It is not an institution containing a faculty and imparting instruction to students in the sense in which the term university is generally used. It is, however, a federation of institutions of secondary and higher education which are incor- porated by the University. The University has also the power to confer degrees. 362 NEW YORK SCHOOL LAW General Object. — The university law states that the object of the University is to encourage and promote higher education. Higher Education Defined. — Higher education means education in advance of common ele- mentary branches and includes the work of academies, high schools, colleges, universities, professional and technical schools, educational work in libraries, museums, university extension courses, etc. How Governed. — The University is governed by a Board of Regents consisting of 23 members. The Governor, Lieutenant-Governor, Secretary of State, and State Superintendent of Public Instruction are ex officio regents. The other 19 regents are elected for life upon joint ballot of the State Legislature. These officers serve with- out pay. Officers. — The officers elected by the regents are a chancellor, vice-chancellor, secretary, and such other officers as the board deems necessary. The chancellor and vice-chancellor receive no salary. Chancellor and Vice-Chancellor. — The chan- cellor is the presiding officer of the convocation and of all meetings of the regents. He confers degrees authorized by the regents, and fixes the UNIVERSITY OF THE STATE OF NEW YORK 363 time and place of all special meetings of the resfents. When the chancellor is unable to perform any or all of his duties, they are performed by the vice-chancellor. Secretary. — The secretary of the University is its chief executive officer. It is his duty to enforce the provisions of the University law and all regulations legally promulgated by the Board of Regents. He receives a salary of $6,000 per year, and serves until removed as provided by the University law. It requires the votes of ten of the elective members of the Board of Regents to remove the secretary. The secretary is required to give a bond of $10,000. He is charged with the safe keeping of the University seal and all books, records, and other property of the University. Convocation. — This is an annual meeting held in the Senate chamber at Albany for the discus- sion of educational questions. The first meeting was held in 1863. The meeting is held under the direction of the Board of Regents and is devoted largely to the consideration of questions pertain- ing to regents institutions. Charters Educational Institutions. — The Board of Regents has authority to incorporate any uni- versity, college, academy, library, museum, or 364 NEW YORK SCHOOL LAW other institution or association for the promotion of science, literature, art, history, or other de- partment of knowledge under such terms as the law provides. The regents may also, in their discretion, issue provisional charters, they may change the name of institutions which have been chartered, and they may, for valid reasons, suspend or revoke any charter which has been granted. No institution of higher education can be in- corporated by the regents until such institution has been inspected by some officer of the Uni- versity and approved by the regents. The build- ings, furniture, and equipments must meet the regents' requirements. Degree-Conferring Institutions. — No indi- vidual, association, corporation, or institution can legally confer degrees in this State unless express provision granting this power is given by a charter granted either by the State Legisla- ture or by the regents. No institution or associa- tion can transact business under, or assume in any way, the name of university or college with- out permission from the regents. No institution can be authorized under the University law to confer degrees unless it has at least $500,000 resources. UNIVERSITY OF THE STATE OF NEW YORK 365 Inspection. — All institutions incorporated under the University law are inspected annually by officers of the University employed for that purpose. These officers are chosen by the re- gents, and bear the official title of '* Inspectors." Crimes Under University Law. —Counterfeit- ing any credential issued under the seal of the University or making any unauthorized altera- tion in such credential is a felony. Any one personating another by attempting to take an examination in his name, or procuring a person thus falsely to personate another, or attempting in any way to obtain a record of hav- ing passed a regents' examination in violation of the University regulations, is guilty of a misde- meanor. A person who aids or abets another in such violation is likewise guilty of the same crime. Any person who fraudulently issues a regents' credential, or who falsely represents himself as having received a degree or credential, or who appends without proper authorization to his name the letters representing any degree conferred by the University, is also guilty of a misdemeanor. Principal Departments. — In June, 1898, the departments into which the work of the regents is divided were reorganized as follows : 366 NEW YORK SCHOOL LAW 1 Administrative Department. — This depart- ment includes charters, finances, legislation, printing and publication and all other work not assigned to any other department. 2 College Department. — This department in- cludes universities, professional, technical and other special schools, and all matters pertaining to degrees or licenses. 3 High-School Department. — This depart- ment includes academies, academic departments of union free schools under the supervision of the regents in accordance with the union free school act of 1853, and other interests of secondary education. 4 Examination Department. — This depart- ment has charge of all examinations conducted by the regents. The propriety of holding examinations was first suggested in 1828. It was not, however, until June, 1864, that regulations were prescribed for holding examinations in preliminary subjects. The first examination was held in June, 1865, and included the subjects of arithmetic, geography, grammar, reading, writing, and spelling. In 1878, examinations were established in 20 ad- vanced academic subjects. The number of sub- jects has gradually increased until it is now more than 100 UNIVERSITY OF THE STATE OF NEW YORK 367 {a) Law Examinations. — Examinations for ad- mission to the bar are conducted by a State board of examiners under the direction of the Court of Appeals. The University has nothing to do with these examinations. Law students, before enter- ing upon the study of law or within one year thereafter, must offer certain preliminary educa- tional qualifications prescribed by the Court of Appeals. The examinations by which these qualifications are determined are under the direc- tion of the University. It is also authorized to accept the completion of certain higher courses of study as a substitute for these examinations. {b) Medical Examinations. — A certain amount of general education is required of all persons beginning the study of medicine. The Uni- versity has supervision of the preliminary medi- cal-student examinations, and is also the sole authority to issue licenses for the practice of medicine in the State. The examinations for candidates who desire to practice medicine are under the direction of boards of medical ex- aminers appointed by the regents from candidates nominated by the different State medical socie- ties. The mernbers of these boards are leading physicians from various parts of the State. Since 1890 the authority to indorse diplomas or 368 NEW YORK SCHOOL LAW licenses of physicians from other States or countries has been vested in the University. Previous to this date such authority was pos- sessed by each of the medical colleges of the State. {c) Other Professional Examinations. — The Uni- versity has charge also of the examinations for candidates who desire licenses to practice den- tistry and veterinary medicine in the State, and also to practice as a public expert accountant. All licenses of this kind are isstied by the Uni- versity. 5 Home Education Department. — This de- partment includes all work heretofore done under the name of the extension department, which in- cludes all agencies for the promotion of educa- tional advantages for those unable to attend the usual teaching institutions. The means em- ployed in the extension of this work embrace summer schools, vacation schools, evening schools, correspondence schools, lecture courses^ study clubs, reading circles, etc. The Public Libraries Division has the supervision of the in- corporated public libraries of the State. It also has charge of the traveling libraries. 6 State Library Department. — This depart- ment has charge of the general, law, medical, UNIVERSITY OF THE STATE OF NEW YORK 369 and education libraries, library school, biblio- graphic publications, lending books to students, and similar library interests. 7 State Museum Department. — This depart- ment has charge of all scientific specimens and collections, works of art, objects of historic inter- est, and similar property appropriate to a general museum, if owned by the State and not placed in other custody by a specific law, also the research department carried on by the State geologist and the State paleontologist, the State botanist, the State entomologist, and all similar scientific in- terests of the University. University Credentials of High School Grade. — Two series of credentials are issued by the University, (i) the academic, issued on regents' examinations only, and (2) the equivalent, issued for work completed in registered secondary schools supplemented, if necessary, by regents' examinations. The credentials are the count certificates, the preliminary professional certificates, and the diplomas. The preliminary certificate is the pre- requisite to the count certificates and the diplo- mas; eight years of preacademic preparation or its equivalent is the prerequisite to the prehmi- nary professional and all equivalent certificates. 18 370 NEW YORK SCHOOL LAW The count certificates are the 12, 24, 36, 48 and higher ; the preliminary professional are the law- student, medical student, dental student, veterin- ary student and the business ; the diplomas are the 48 count, the advanced (60, 72, 84, etc.) and the classical academic. Preliminary Certificates. — A preliminary certifi- cate is issued to any person obtaining a standing of at least seventy-five per cent, in writing, read- ing, spelling, elementary English, arithmetic, and geography. Academic Certificates, — A first-year certificate is issued for twelve counts in addition to the pre- liminary subjects. In the subjects on which these twelve counts are made, must be first-year English, or English composition and two other English counts, or first-year work in any foreign language. The term count represents ten weeks' work on one subject. A subject credited with/ '•'*'■ 902