LB .-eu-^% Glass L^ )Z<^Z9 Copyright»°_ / ^/j6 COPYRIGHT DEPOSIT. A TEXT BOOK ON NEW YORK SCHOOL LAW INCLUDING THE REVISED EDUCATION LAW, THE DECISIONS OF COURTS, AND THE RULINGS AND DECISIONS OF STATE SUPERINTENDENTS AND THE COM- MISSIONER OF EDUCATION Prepared for the use of Normal Schools, Training Classes, Teachers and School Officers THOMAS ErriNEGAN, A. M., Pd. D., LL. D. Attorney 8.nd Counsellor-at-Law Assistant Commisi>ioner for Elementary Education of tiie State of • New York TENTH EDITION REVISED TO JANUARY 1, 1917 ALBANY. N. Y. MATTHEW BENDER & COMPANY, INCORPORATED 1916 ^Y^^': Copyright 1902, By Thomas E. Finega^S" Copyright 1907, By Matthew Bender & Compai** Copyright 1908, ^ By Matthew Bender & Compamm Copyright 1910, Bv Matthew Bender & Company Copyright 1913. By Matthew Bender & Company Copyright, 1914, By Matthew Bender & Company Copyright, 1915 By IvI'atthew Bender & Company JUN 16 1916 copyrisht, i:.:o, By Matthew Bendes & Company Incorporated 11 0%/^ W: Copyright, 1916, By Matthew Bender & Company Incorporated ©CI.A433378 I PUBLISHER'S ANNOUNCEMENT TO THE TENTH EDITION This Tenth Edition is completely revised to January i, 1917, giving the law as in force at that date. Attention is especially called to Chapter XXX, which treats the new law relating to the retirement of teachers, and to Chapter XXXI which explains the provisions of the new medical inspection law, the physical training law and the military training law enacted by the Legislature of 1916. June I, 1916. PREFACE TO SIXTH EDITION. In preparing this work the author has endeavored 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 system as might be pertinent in a work of this nature. His aim has been to express the provisions of law in the simplest manner possible, and to avoid all legal phraseology. He has written this after an experience of twenty-five years in various fields of public school work and with an earnest desire to make it of the greatest possible service to the teachers and school officers of the state. At the beginning of each chapter reference is given to the section or title "jf the education law on which the chapter is based. This reference governs the entire chapter unless other references are given at the end of a paragraph. Reference to the decisions of state superintendents or the commissioner of education are by number. These decisions are given in full in Official Decisions by Finegan. 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., November i, 1910. CONTENTS CHAPTER I PAGE State Education Department 9-15 CHAPTER II University of the State of New York — Regents, election, powers and duties — General functions of university 16-24 CHAPTER III Commissioner of Education . 25-30 CHAPTER IV Rural School Supervision , . . . 31-4S CHAPTER V Duties of Supervisors, Town Clerks, County Treasurers, District Attorneys, and County Judges in relation to school matters o . 49*57 CHAPTER VI School Districts — Origin, Formation, Alterations, Dis- solution, etc 58-74 CHAPTER VII District Meetings , . = . . 75-83 CHAPTER VIII Voters at School District Meetings — Qualifications, Challenges, etc. ......................... o..„.» , 84-88 CHAPTER IX Common School District Officers , 89-96 ,1 6 CONTENTS CHAPTER X PAGE Common School District Officers {continued), Trus- tees, powers and duties 97-104 CHAPTER XI Common School District Officers {continued) — Clerk, Collector, Treasurer, Librarian 105-111 CHAPTER XII Union Free School District Officers 11 2-1 2 2 CHAPTER XIII Board of Education — Powers and Duties 123-134 CHAPTER XIV Sites and School Buildings 135-147 CHAPTER XV Assessment and Collection of District Taxes 148-163 CHAPTER XVI State School Moneys 164-177 CHAPTER XVII Courses of Study, Subjects Included, Etc., Physiology, and Hygiene 178-183 CHAPTER XVIII Contracts for Education of Children — Transportation of Children — Free Tuition in High Schools — Savings Banks in Schools — Vaccination 1 84-1 91 CHAPTER XIX Teachers' Qualifications, Certificates, Contracts, Powers and Duties 192-216 CHAPTER XX Industrial Education 217-221 CHAPTER XXI Compulsory Education 222-234 CONTENTS 1 CHAPTER XXII PAG£ School Census 235-238 CHAPTER XXIII State Scholarships in Cornell University 239-242 CHAPTER XXIV State Normal Institutions 243-251 CHAPTER XXV Scnools for Colored Children, Orphan Schools, Indian Schools, Deaf and Dumb and Blind Institutions. . . . 252-259 CHAPTER XXVI Appeals to the Commissioner of Education 260-265 CHAPTER XXVII Text-books, Education Code, Arbor Day, Flag Law. . 266-271 CHAPTER XXVIII School and Public Libraries 272-275 CHAPTER XXIX Teachers' Training Classes, Training Schools, Teachers' Institutes , 276-285 CHAPTER XXX Eetirement of Teachers 281-286 CHAPTEE XXXI l\1"or]i^al Inspection of School Children 286a-286d NEW YORK SCHOOL LAW CHAPTER I STATE EDUCATION DEPARTMENT [Article 2] Historical Sketch. — The Department of the State govern- ment which has supervision of all public education is nov/ called the Education Department. Since 1812 there has been a Department or Departments of the State government under different names charged with this duty. The present Depart- ment was created by the Unification Act of 1904, is continued under the present education law and is charged with the general management and supervision of all public schools and all of the educational work of the State. The Educa- tion Department has been organized and its work classified as follows : BOARD OF REGENTS General Powers. — The Board of Regents has, subject to the laws of the State, legislative control over the Education Department and State educational policies and such board also exercises all the powers of the University of the State of New York. It approves all appointments made b}^ the Com- missioner of Education, and fills any vacancy that may exist in the office of Commissioner of Education. It gives direction to the work related to admission to the* learned professions, to the management of the State library and the scientific work of the State, and to other educational work sustained by the State outside of teaching institutions. lO NEW YORK SCHOOL LAW Number. — The law provides that there shall always be three more regents than there are judicial districts in the State. As there are nine judicial districts at present, there must be twelve regents. Election. — One regent is chosen on joint ballot of the assembly and the senate during the second week in February each year. Term. — As one regent is chosen each year and as the number of regents is twelve, the term of a regent is twelve years. Vacancies — How Filled. — If a vacancy on the Board of Regents occurs in a judicial district which should still have a representative on the Board of Regents and there shall be at the time of such vacancy a district not represented on such board, such vacanc}^ must be filled by the election of a regent residing in such unrepresented district. If a vacancy in the office of regent occurs for other cause than expiration of term of office, such vacancy shall be filled for the unexpired term by the legislature if it is in session, and if it is not in session such vacancy shall be filled at the session of the legislature immediately following. President of University and Commissioner of Education. — The President of University and Commissioner of Education has executive direction over the afifairs of the Education De- partment and is the general advisory and supervisory officer of the entire State educational system. Chapter III of this work is devoted exclusively to his election, powers, duties, etc. Deputy and Assistant Commissioners of Education. — There are three assistant commissioners of education known, re- spectively, as Assistant Commissioner for Higher Education, Assistant Commissioner for Secondary Education, and As- sistant Commissioner for Elementary Education. These assistant commissioners exercise the functions of the Com- missioner of Education in their respective fields, under his general direction. The Commissioner of Education has also authority to designate one of the assistant commissioners as Deputy Commissioner of Education. STATE EDUCATION DEPARTMENT II Chiefs of Divisions. — The Commissioner of Education classi- fies the administrative and clerical work of the Department into divisions and appoints a chief in charge of each division. Chiefs of divisions are directly responsible to the Commis- sioner of Education. There are eleven of these divisions. Director of State Library. — This Division has charge of the State Library and the library school. The State Library was established in 1818. It was placed under the trusteeship of the various State officials. In 1844 it was placed under the custody of the Regents of the University, and in 1899 was made a part of the University. Director of State Museum. — The work of this division em- braces investigations in natural science, the economic and in- dustrial applications of such science, and the State Museum. It also embraces the work of the State geologist and paleon- tologist, the State botanist. State entomologist, mineralogist, zoologist and archeologist. Director of Agricultural and Industrial Education. — This division has general charge of all branches of industrial educa- tion, including trade schools, industrial schools, courses in home-making and in agriculture. Division of History and Public Records. — The office of the State Historian is a part of the Education Department and the duties formerly devolving on that officer are now performed through this Division. The division created by the legislature of 1911 and known as the '* Public Records Division " was abolished by the legislature of 1915 and the functions of that division were merged with the Division of History. Administration Division. — This division has general super- vision of the internal workings of the Department subject to the orders of the Commissioner of Education. It has general charge of the mails, express matter, documents and printing, purchase of supplies, finances of the Department, and has direct supervision over the employees connected therewith, and such other employees of the Department as are not under the direction of some superior officer. It is also the duty of this division to see that expenditures are made in ajccordance with the requirements of the appropriation bills. It also 12 NEW YORK SCHOOL LAW receives all fees, has charge of all expense accounts, and pays Department salaries. Attendance Division. — This division has the general super- vision ajid enforcement of the compulsory education law and the census laws. Educational Extension Division. — This division Includes all agencies for the promotion of educational advantages for the assistance of those unable to attend the usual teaching institu- tions. The means employed in the extension of this work embrace summer schools, vacation schools, evening schools, correspondence schools, lecture courses, study clubs, reading circles, etc. The supervision of the incorporated public libraries of the State is under the direction of this division. It also has charge of the traveling libraries. Examinations Division. — This division has charge of all examinations conducted by the Education Department and also has supervision of the inspection of educational institu- tions through the State. The work of the Examinations Divi- sion and the Inspections Division was coordinated by action of the Board of Regents in April, 1915. The propriety of holding regents' examinations was first sug- gested in 1828. It was not, however, until June, 1864, that regulations were prescribed for holding examinations in pre- liminary subjects. The first examination was held in June, 1865, and included the subjects of arithmetic, geography, gram- mar, reading, writing, and spelling. In 1878, examinations were established in 20 advanced academic subjects. The num- ber of subjects has gradually increased until it is now more than 100. (a) Law Examinations. — Examinations for admission to the, bar are conducted by a State board of examiners under the direction of the Court of Appeals. The Department has noth- ing to do with these examinations. Law students, before entering upon the study of law or within one year thereafter, must ofifer certain preliminary educational qualifications pre- scribed by the Court of Appeals. The examinations by which these qualifications are determined are under the direction of the Department. It is also authorized to accept the com- STATE EDUCATION DEPARTMENT I3 pletion 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 University has supervision of the preliminary medical-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 examiners ap- pointed by the Regents. The members of these boards are leading physicians from various parts of the State. Since 1890 the authority to indorse diplomas or licenses of physicians from other States or countries has been vested in the Department. Previous to this date such authority was possessed by each of the medical colleges of the State. (c) Other Professional Examinations. — This division has charge also of the examinations for candidates who desire licenses to practice dentistry, pharmacy, optometry and veter- inary medicine in the State, and also to practice as public ex- pert accountants, or who desire to become registered nurses. All licenses of this kind are issued by the University. (d) Teachers' Examinations. — This division also has charge of all teachers' examinations held in the State. These embrace training school, training class, examinations held by district superintendents, and those for special and for life State certificates. (e) Other Examinations. — This division has charge of com- petitive examinations on which State scholarships in Cornell University are awarded and examinations in agriculture for persons desiring to qualify for the office of district superin- tendent. Inspections Division. — At present this Division is charged with the inspection of school buildings, and the approval of plans and specifications for repairs to school buildings and the construction of new buildings. Law Division. — This division interprets the school law and all other statutes related in any way to the educational work 14 NEW YORK SCHOOL LAW of the State. It has direct charge of all contested appeals and presents them in proper form to the Commissioner of Educa- tion for determination. It looks after the form and legality of charters issued by the Board of Regents and also the measures affecting educational interests which are introduced -into the State legislature. It looks after the interests of the Depart- ment in any litigation in the courts when the Department is thus involved. School Libraries Division. — This division has charge of all matters pertaining to public school libraries. Statistics Division. — This division looks after reports from all educational institutions in the State and all school districts. It tabulates such reports and prepares general statistics on our educational system. It looks after the apportionment of moneys to the public schools of the State and all other educa- tional institutions entitled thereto. Visual Instruction Division. — This division has general charge of the collection of material for giving instruction by means of pictoral or graphic representation in geography, his- tory, science and kindred subjects and of the distribution and loaning of such material to the communities, schools and other institutions entitled to receive the same. Creation or Abolishment of Divisions. — By concurrent action of the Regents and the Commissioner of Education the Department is divided into divisions. By similar action a new division may be created or an existing division abolished. Appointment of Officers of Department. — All officers of the Department are appointed by the Commissioner of Education subject to the approval of the Regents. Removals and Suspensions. — The Commissioner of Educa- tion with the approval of the Regents may remove at his pleasure any officer or employee of the Department. When the Regents are not in session he may suspend during his pleasure without salary any officer or employee until the adjournment of the succeeding meeting of the Regents. State Education Building. — The education building is exclu- sively set apart under the law for the use of the Education REVIEW QUESTIONS I5 Department. The Regents and the Commissioner of Education are given power to assign the rooms in such building to the various divisions, officers and work of the Department. Misdemeanor Falsely Representing Education Department, — It is a misdemeanor for a firm, agent or other person engaged in selling, publishing or manufacturing books, charts, apparatus or any other school supplies to falsely represent to any school officer or teacher that he is an agent or representative of the Education Department, the Regents, the Commissioner of Edu- cation or any other school officer. REVIEW QUESTIONS Give a brief statement of the supervision exercised by the State over her public schools. What power has the Board of Regents over the Education Department? Who is the chief officer of such Department? How many assistant commissioners are there? State their title, rank and salary. What is the general duty of each? How is work of the Depart- ment classified? Wha-t is the duty of the director of the State library? When was the library established? When was it placed under the direction of the Regents? When was it made a part of the University? What is the chief work of the State museum? State in general terms the work of the administration division. Attendance division. Educational extension divi- sion. Examination division. When were Regents examinations first sug- gested? First given? State the various purposes for which examinations are held. What is the chief work of the inspection division? Law division? School libraries division? Statistics division? Visual Instruction divi- sion? How are divisions created or abolished? How are the officers of the Department appointed? How may an officer be removed? How may an officer be suspended? Under whose direction may rooms of the State education building be assigned? For what use Is such building exclusively set aside? What prohibition is there as to falsely representing the Educa- tion Department, etc.? What Is the penalty? CHAPTER II UNIVERSITY OF THE STATE OF NEW YORK [Article 3] Organization. — In 1784 the legislature created the corporate body known as the " Regents of the University of the State of New York." In 1889 the legislature changed tlie name to *' Uni- versity of the State of New York," and section 2 of article 9 of the State Constitution of 1894 continues it under this na.ne. Controlling Body. — The Regents are the controlling or gov- erning body of the University. Chief Functions. — The chief powers of the University are to administer the functions of the Education Department and to charter and inspect educational institutions, confer degrees, de- termine value of credentials and standard of institutions not in the University, prescribe examinations for its secondary insti- tutions which shall be a suitable standard of graduation there- from and of admission to college, and to supervise entrance requirements to the learned professions, etc. Chancellor and Vice-Chancellor. — The chancellor is the pre- siding officer of the convocation and of all meetings of the Regents. He confers degrees authorized by the Regents, and fixes the time and place of all special meetings of the Regents. When the chancellor is unable to perform any or all of his duties, they are performed by the vice-chancellor. Charters Educational Institutions' — The Board of Regents has authority to incorporate any university, college, academy, library, museum, or other institution or association for the pro- motion of science, literature, art, history, or other department of knowledge under such terms as the law provides. The Rxgents may also, in their discretion, issue provisional charters, they may change the name of institutions which have UNIVERSITY OF THE STATE OF NEW YORK 1 7 been chartered, and they may, for vaHd reasons, suspend or revoke any charter which has been granted. They may also amend the charter of any institution under their supervision. No institution of higher education can be incorporated by the Regents until such institution has been inspected by some officer of the University and approved by the Regents. The buildings, furniture and equipment must n:eet the Regents' requirements. Degree-Conferring Institutions. — No individual, association, coiporation, 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 Legislature or by the Regents. No institution or association can transact business under, or assume in any way, the name of university or college without permission from the Regents. Xo institution can be authorized under the University law to confer degrees unless it has at least $500,000 resources. Crimes Under University Law. — Counterfeiting any creden- tial issued under the seal of the University or making any unauthorized alteration in such credential is a felony. Any one personating another by attem.pting to take an exam- ination in his name, or procuring a person thus falsely to per- sonate another, or attem.pting in any way to obtain a record of having passed a Regents' examination in violation of the University regulations, is guilty of a misdemeanor. A person who aids or abets another in such violation is likewise guilty of the same crime. A person who has in his possession previous to an examination the question papers to be used in such exam- ination or who sells or offers to sell a Regents' question paper in advance of an examination is guilty of a misdemeanor. A person who fraudulently issues a Regents' credential, or who falsely represents himself as having received a degree or cre- dential, or who appends without proper authorization to his name the letters representing any degree conferred by the Uni- versity, is also guilty of a misdemeanor. l8 NEW YORK SCHOOL LAW UniversitjT^ Credentials of High School Grade. — These cre- dentials are the qualifying certiticates, and the diplomas. Eight years of preacademic preparation or its equivalent is the pre- requisite to the preliminary professional and all equivalent cer- tificates. The qualifying certificates are the law student, medical student, dental student, optometry student, veterinary student, pharmacy student, and nurse student and the qualifying certifi- cates for admission to the examinations for certified public ac- countants and certified shorthand reporters. Preliminary Certificates. — A preliminary certificate is issued to any person obtaining a standing of at least seventy-five per cent, in Regents' examinations in writing, reading, spelling, ele- mentary English, arithmetic, geography and elementary United States history with civics. Count. — The term " count " represents one year's work of one hour per week on one subject. A subject pursued five periods per week for one year represents five counts. Academic Diploma. — This diploma is issued on the completion of a four-year high school course, for which seventy-two academic counts will be required, of which thirteen must be in English, eight in history and at least ten each in science and mathematics. The minimum passing mark for this diploma is sixty per cent, for students pursuing regular courses in the schools. Academic Diploma in Classical Subjects. — This diploma, which indicates the completion of a four-year high school course, shall be issued to pupils in recognized high schools who earn ^2 aca- demic counts as follows: English, 13 counts; Latin, 20 counts; a second foreign language three years, 15 counts; history, 5 counts; science, 5 counts; mathematics, 10 counts; electives, 4 counts. Academic diploma in commercial subjects. — This diploma, which represents the completion of a four-year high school course, shall be issued to pupils in recognized high schools who earn y2 academic counts, who meet the regular requirements for the aca- demic diploma, as follows : English, 13 counts ; science, 5 counts ; mathematics, 10 counts ; history, 8 counts ; and who pass the fol- lowing commercial subjects, as outlined in the 1910 syllabus, with UNIVERSITY OF THE STATE OF NEW YORK I9 a mark of 75 per cent, or above : advanced bookkeeping and office practice, commercial arithmetic, commercial law, commercial geography, commercial English and correspondence, and business writing. In computing the counts for the academic diploma in commer- cial subjects, commercial English and correspondence may be counted as English ; commercial arithmetic and advanced book- keeping and office practice may be counted as mathematics; his- tory of commerce may be counted as history. Standings earned previous to the June, 191 1, examination ar 75 per cent or above may be applied toward the required commer- cial subjects, as follows: advanced bookkeeping and business practice may be offered in place of advanced bookkeeping and office practice ; business arithmetic may be offered in place of commercial arithmetic. Commercial law and commercial geography passed at any ex- amination at 75 per cent or above and history of commerce passed at any examination at 60 per cent or above may be applied toward this diploma. Business correspondence and business writing passed under the old syllabus may not be counted toward this diploma. Academic Diploma in Vocational Subjects. — This diploma, which indicates the completion of a four-year high school course, shall be issued to pupils in recognized high schools who earn y2 academic counts, who meet the regular requirements for the academic diploma, as follows : English, 13 counts ; science, 10 counts ; mathematics, 10 counts ; history, 8 counts ; and obtain at least 25 counts for the successful completion of approved courses in vocational subjects. In computing the counts for the academic diploma in vocational subjects, agricultural biology, agricultural physics, agricultural chemistry, household physics an^ household chemistry may be applied toward the science requirement. College Entrance Diplomas and Certificates.— College entrance diplomas, which are issued in arts, in science or in engineering, and whose requirements are substantially the same as the entrance requirements of the colleges of the State, are designed to guide preparation for and to facilitate admission to college and to con- 20 NEW YORK SCHOOL LAW stitute, in part, the basis for awarding the University scholarships, and will be given only to pupils of the registered secondary schools in the State zvho make zvritten application for such diplomas within the month of July in the year of their completion, at the end of any half-year, of a four-year course of approved study therein, who have earned in Regents examinations the counts specified in Regents rules. (For detailed statement see such rules.) Music Diploma. — This diploma, which indicates the completion of a four-year high school course, shall be issued to pupils who earn y2 academic counts, as follows : Musical instruction (4 years), 20 counts; music practice (credit, if course is approved, allowed on certificate of principal. Two hours practice a week for a school year entitles to i count), 18 counts; English (4 years), 13 counts; a foreign language (2 years), 10 counts; his- tory (two three-hour courses), 6 counts; electives, 5 counts. Counts for music practice shall be given only to pupils of ac- credited academic schools after the course has in each case been approved by the Department. A course in music practice will not be approved unless it extends over at least three years of the course and not more than 6 counts will be allowed for music prac- tice during any one year. No credit will be allowed for music practice for any particular pupil until the examination in chorus singing and rudiments of music has been passed. A pupil who obtains the specified counts for an academic diploma may offer music for not more than 24 of the remaining 31 counts. Advanced Diploma. — This diploma provides for all academic courses longer than the rgeular course covered by the academic diploma above. It is issued only to those who have earned the regular academic diploma and eighteen, thirty-six or fifty-four, etc., counts in addition. On its face are specified the total counts, its name being determined by the highest multiple of eighteen. The above diplomas will be issued on the following basis : I. A diploma based upon a minimum passing mark of sixty per cent in each subject except that in the case of the academic UNIVERSITY OF THE STATE OF NEW YORK 21 diploma in commercial subjects a standing of seventy- five per cent must be obtained in certain subjects. 2. A diploma, with credit, to be issued to students who attain a standing of seventy- five per cent or more in subjects aggregat- ing forty academic counts. Advanced diplomas will be issued in like manner if five-ninths of the counts required are secured with the same minimum per cents. 3. A diploma, with honor, to be issued to students who attain a standing of ninety per cent or more in subjects aggregating forty academic counts. Commercial Credentials. — State Commercial Certificate. — - This credential shall be granted to those who pass the Regents examinations (at not less than 75 per cent) in the following sub- jects based on the 1910 syllabus : advanced bookkeeping and offtce practice, commercial arithmetic, commercial law, commercial English and correspondence, and business writing, provided the time requirement in each subject has been substantially met either in a high school or registered commercial school. State Shorthand Certificate. — This credential will be granted to those who pass the Regents examinations (at not less than 75 per cent) in the following subjects based on the 1910 syllabus: short- hand 2, typewriting, business writing, and commercial English and correspondence, provided the time requirement in each sub- ject has been substantially met either in a high school or registered commercial school. Qualifying Certificates are certificates giving evidence that the holder has such academic education as is required by law for admission to the study of the various professions and for ad- mission to certain professional and technical schools and to the examination for certified public accountants and certified short- hand reporters. These certificates are issued only for the purposes specified. A dental student certificate, a law student certificate, a veter- inary student certificate or a qualifying certificate for admission to the certified public accountant or certified shorthand reporter examination may be secured in any one of the following ways : 22 NEW YORK SCHOOL LAW 1. By furnishing evidence of the completion of the freshman year in a registered course of any college. 2. By furnishing evidence of the satisfactory completion of a four year course in an approved high school (evidence of such work should be submitted on blanks furnished by the Depart- ment).* 3. By passing the Regents examinations required for an aca- demic diploma. 4. By passing Regents examinations aggregating sixty counts at a minimum of seventy-five per cent in the following subjects: English three years, ten counts; elementary algebra, five counts; plane geometry, five counts; physics and chemistry, ten counts, or physics and biology, ten counts, or chemistry and biology, ten counts; any second year foreign language, ten counts; American history with civics, five counts; electives, fifteen counts. The electives shall be : English fourth year, three counts ; a second year of a foreign language, namely, Latin second year, or Greek second year, or French second year, or German second year, or Spanish second year, or Italian second year or Hebrew second year, ten counts ; advanced algebra, five counts ; advanced arith- metic, two counts ; physical geography, five counts ; ancient his- tory, five counts ; history of Great Britain and Ireland, five counts ; modern history one, three counts; modern history two, three counts ; economics, two counts ; elementary bookkeeping and business practice, three counts ; advanced bookkeeping and office practice, five counts ; shorthand one, five counts ; shorthand two, five counts ; elementary representation, two counts ; advanced design, two counts ; advanced representation, two counts. * Applicants for qualifying certificates presenting credentials from other than English-speaking countries must pass a Regents examination in second year English. UNIVERSITY OF THE STATE OF NEW YORK 23 b A medical student certificate * may be secured in any one of the five ways specified in section 364a with the exception that evidence must be submitted showing the satisfactory completion of a one-year course in an approved school in each of the follow- ing sciences: physics, chemistry, biology, or in lieu thereof the passing at seventy-five per cent or above in Regents examinations each of these sciences. c An optometry student certificate may be secured in one of the following ways : 1. On evidence of the satisfactory completion of two years of approved high school work. 2. By passing at seventy-five per cent or above in each subject Regents examinations aggregating thirty counts. d A pharmacy student certificate or a nurse student certificate or a chiropody student certificate may be secured in one of the following ways :* 1. On evidence of the satisfactory completion of one year of approved high school work. 2. By passing at seventy-five per cent or above in each subject Regents examinations aggregating fifteen counts. 5. By evidence of one or more years of high school work (each year of such work being equivalent to fifteen counts) supplemented by Regents examinations at seventy-five per cent, in each subject sufficient to make a total of sixty counts.* Can- didates for qualifying certificates by this method are to be ad- vised upon presenting evidence of high school work in what sub- jects it shall be necessary for them to take examinations to complete the requirements. * Applicants for qualifying certificates presenting credentials from other than English-speaking countries must pass a Regents examination in English. 24 NEW YORK SCHOOL LAW REVIEW QUESTIONS When were the Regents of the University of the State of New York organized? What change was made in the organization in 1889? In 1894? What are the chief powers of the University? What officers has it? What are their duties ? What is the authority of the University in relation to institutions which have been chartered ? What steps are necessary before an institution may be chartered ? What institution may confer degrees? What prohibition is made by law in relation to insti- tutions using the name college or university ? Before an institution can be authorized under the University law to confer degrees what must its resources be? What act under the University law is a felony? What acts are misdemeanors? Name the credentials issued by the University. What is a pass card? What is meant by the term count f What is a preliminary certificate? An academic diploma? What must condidates do to obtain a medical- student, dental-student, or veterinary-student certificate? A law-student certificate? Other certificates? CHAPTER III COMMISSIONER OF EDUCATION [Article 4] Historical Sketch. — The first State supervisory school officer in this State was known as " Superintendent of Common Schools.'' The office was created by the act of June 19, 1812, entitled *'An Act for the Establishment of Common Schools." This act provided for his selection by the " Council of Appoint- ment." This was the first authorization of a State supervisory school officer by any State in this country. This office was abolished April 3, 182 1, and its duties were transferred by the same act to the Secretary 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 i\Iarch 30, 1854, and is chapter 97 of the Laws of that year. The office was continued until April i, 1904, when the Unification Act of that year went into effect. Under the provisions of that act the office of Commissioner of Education was created, and the first Commissioner assumed the duties of his office April i, 1904. It will thus be observed that the administration of public-school work has been in the hands of four State officials, as follows: From January 14, 1813 to April 3, 1821, the superintendent of common schools; from April 3, 1821, to April 8, 1854, the Secretary of State, who was ex-officio super- intendent of common schools; from April 8, 1854 to April i, 1904, the State Superintendent of Public Instruction; from April i, 1904 to July 2, 1913. the Commissioner of Education; and since July 2, 191 3, President of the University and Commissioner of Education. Mode of Election. — Under the act of 1904, the first Commis- 26 NEW YORK SCHOOL LAW sioner of Education was elected by joint ballot of the senate and assembly. The provisions of that act have now been incorporated in the Education Law and under this law any vacancy in the office of Commissioner of Education must be filled by appoint- ment by the Board of Regents. Term of Office. — The term of office of the first Commissioner of Education was six years. Since the expiration of the first six years, or since April i, 1910, the term of office of the Com- missioner of Education has not been a fixed period, but such commissioner now serves during the pleasure of the Board of Regents. Eligibility. — The public officers' law of this State provides that all State officers shall be at least twenty-one years of age, a citizen of the United States, and a resident of the State. The Education law modifies the public officers' law by providing that such Commissioner of Education may or may not be a resident of the State. Removal. — The Commissioner of Education may be removed at any time by the Board of Regents for cause. Salary. — The salary of the Commissioner of Education is $10,000 per year. It was fixed at this amount by the appropria- tion bill of 1910. Powers and Duties. — The powers and duties of the Commis- sioner of Education are so numerous that it is not practicable to consider them, except in a general way. For the specific duties of the commissioner in relation to any branch of work the chapter on such work should be consulted. The duties of the commissioner are executive and judicial. His more important powers and duties are as follows : Chief Executive Oificer. — He is the chief executive officer of the State system of education and is required to enforce all the general and special laws relating to the educational system of the State and to execute all educational policies determined upon by the Board of Regents. COMMISSIONER OF EDUCATION 27 General Supervision. — He has general supervision over all the public schools, normal schools, industrial education, 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 aiiiount of public money to Indian schools. Deaf and Dumb and Blind Institutions. — He also has super- vision 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 Cornell University, and upon the results of competitive examinations appoints an- nually 150 State scholars to that institution, who are entitled to free tuition. Visual Instruction. — He is authorized to collect material and make all necessary arrangements and contracts to provide in- struction by means of pictorial or graphic representation in geography, history, science or kindred subjects. This instruction may be given in the schools, institutions and organizations under the supervision of the Regents. This material may also be loaned to artisans, mechanics and other citizens of the several communities of the State. Inspection of Schools. — He shall cause all schools and insti- tutions under the statutes relating to education to be examined and inspected and to advise and guide all school officers in relation to their duties and the management of such institutions. A staff of inspectors is employed for this purpose. Annual Reports. — He is to prepare an annual report which must be submitted over the signatures of the chancellor of the University and the Commissioner of Education to the State legislature showing the condition of the common schools in the State and of all other schools and institutions under their super- 28 NEW YORK SCHOOL LAW vision and subject to their visitation, and to include in such report those recommendations upon school work, which in their opinion, will promote the advancement of public education. Supervision of Examination and Certification of Teachers. — He is to prescribe the regulations under which commissioners "may issue teachers' certificates ; 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 require- ments for such certificates; to issue such other certificates as the rules require ; 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 one year for any school commissioner district or city or any school district in the State. Revocation of Certificates. — For sufficient cause, he may re- voke any State normal-school diploma, State certificate, college- graduates' certificate, school commissioners' certificate or other certificate issued in this State. He may also revoke his indorse- ment of any normal-school diploma or State certificate issued in another State. Prepare List of Normal Graduates. — He is required under law to keep in his office an alphabetical 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 district superintendent, trustee, or other school officer. He may also withhold the salary of a district superin- tendent and may remit it at his pleasure. Administer Affidavits. — He may take affidavits and administer oaths in any matter relative to school aft"airs. Prepare Registers, Blanks, etc. — He is charged with the duty of preparing such registers, blanks, for:rs, regulations, etc., as may be needed in transacting all business relating to the public- school system. Enforcement of Compulsory Education Laiv. — He is also COMMISSIONER OF EDUCATION 29 charged with the duty of enforcing the provisions of the com- pulsory education law. Arbor Day. — He has authority to provide for the proper ob- servance of Arbor Day and Flag Day by the public schools of the State. Apportionment of School Moneys. — He must apportion as directed by law the State school moneys, 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. Issue Stays, Orders, etc. — He may, upon application in due form, issue an order restraining school officers from performing any of the duties conferred 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 and prescribes regulations under which the books of school libraries may be loaned. 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 super- vision of any trust fund held by trustees for school purposes, and must require them to report regarding its condition and income at such times and in such form as he deems advisable. (Article 19.) Normal Schools. — He appoints local boards of normal schools, appoints pupils to such schools and detenriines the requirements for admission. He determines the number of teachers to be 30 NEW YORK SCHOOL LAW employed in such schools, and approves their appointment and the amount of their salary. May Appoint Teachers and Open Schools in a City or School District. — When the local authorities of any city or school dis- trict neglect or refuse to appoint teachers, janitors, etc, and also neglect or refuse to open the schools of a city or school district the State Commissioner of Education may appoint such teachers, janitors, etc., and open and manage such schools. October 4, 1897, State Superintendent Skinner exercised this power in the city of Water vliet and his action was sustained by the supreme court. (For a full discussion of this power see pages 1 18-125, vol. I, Annual Report of State Superintendent of Public Instruction for 1897.) Regulations. — The Commissioner of Education may prescribe any reasonable regulations for the government of the common schools which -do not conflict with the laws and policy of the State. (184 N. Y. 421.) REVIEW QUESTIONS What was the title of the office of the first State supervisory school officer? When was the office created? How was such officer chosen? When was the office abolished ? To whom were the duties of the office then transferred? For what period did such officer act in this capacity? When did the hrst State Superintendent of PubHc Instruction assume the duties of his office ? When was the office of Commissioner of Education created? How was the first Commissioner chosen? How are vacancies to be filled? Wliat is the term of office? Who are eligible to the office? How may he be removed? What is the salary? What is the two- fold character of the duties of the State Commissioner? What are his general duties? What is his duty in relation to Indian schools? Deaf and dumb and blind institutions? Cornell University? Visual instruction r Inspection of schools, etc.? Annual reports? Examination and licensing of teachers? Revoking certificates? Lists of normal school graduates? Removing school officers? Administering affidavits? Pre- paring registers, blanks, etc.? Enforcing the compulsory education law? Arbor day ? Apportionment of school moneys ? Appeals, stays, orders, etc.? School libraries? Holding property in trust? Normal school boards? Under what conditions may State Commissioner appoint teach- ers, etc. CHAPTER IV RURAL SCHOOL SUPERVISION [Article 14] Historical Development. — The act of 1795 creating the school system of the Stale 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 legislature. 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 w^ere given the superintendence and man- agement of schools, and they were authorized to divide 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, w^ho, with the commissioners, should be in- spectors, and these inspectors were required to inspect schools and to examine and license teachers. This plan continued until 1841, when the number of town inspectors was fixed at two. In 1 84 1 the office of Deputy Superintendent of Common Schools was created by the State legislature. Each county w^as entitled to one deputy, and counties having more than 200 schools were entitled to tw^o deputies. These officers were appointed by boards of supervisors for their respective counties, and the term 32 NEW YORK SCHOOL LAW of office was two years. Their duties were to visit and inspect the schools under their jurisdiction, and to examine and hcense the teachers employed therein. In 1843 the title of these officers was changed to County Super- intendent 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 before they could be taken to the State Superintendent of Common Schools, lliese officials were en- titled 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 legislature abolished this office. 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 in- creased, and the duties of these officers from that year until 1856 were quite similar to the duties conferred upon school commissioners. Upon the creation of the office of school com- missioner in 1856, by chapter 179 of the laws of that year, • the office of town superintendent was abolished. The office of school commissioner was abolished by chapter 607 of the laws of 1910 and the office of district superintendent of schools created. School commissioners are to serve out their terms which expire January i, 191 2, and the terms of district superintendents will then begin. Since the office of school com- RURAL SCHOOL SUPERV SIOX T,T^ missioner is continued so short a time the provisions of the new law are treated in this chapter. SUPERVISORY DISTRICTS Territory Embraced — Number of. — All territory of the State outside of cities and school districts of five thousand population or more which e;iiploy a superintendent of schools must be divided into supervisory districts. The law establishes 207 of these districts and apportions them among the counties of the State as follows : a. Hamilton, Putnam, Rockland, Schenectady, each one; b. Chemung, Fulton, Genesee, Montgomery, Nassau, Schuyler, Seneca, Yates, each two; c. Albany, Clinton, Columbia, Cortland, Essex, Greene, Liv- ingston, Niagara, Orange, Orleans, Rensselaer, Schoharie, Suf- folk, Sullivan, Tioga, Tompkins, Warren, Wyoming, each three ; d. Broome, Dutchess, Franklin, Herkimer, Lewis, Madison, Monroe, Ontario, Saratoga, Ulster, Washington, Wayne, West- chester, each four; e. Allegany, Cattaraugus, Cayuga, Chenango, Erie, Onondaga, Oswego, each five ; f. Chautauqua, Delaware, Jefiferson, Otsego, each six; g. Oneida, Steuben, each seven; h. Saint Lawrence, eight districts. How Organized. — In a county entitled to two or more super- visory districts the school commissioner of each school com- missioner district and the supervisor of each town in such county are required to meet at the county seat on the third Tuesday in April, 1911, at 10 o'clock in the forenoon and divide such county into the number of supervisory districts to which it is entitled under the law. In the formation of such districts no town shall be divided. The law directs that the territory of such districts shall be compact and contiguous and formed as 34 NEW YORK SCHOOL LAW nearly as possible on the basis of an equal division of the ter- ritory and the number of school districts. Call and Organization of Meeting. — The county clerk of each county entitled to two or more supervisory districts is required to give ten days notice in writing to each supervisor and school commissioner of such meeting. The county clerk shall als-) call the meeting to order at the proper hour. The school com- missioners and supervisors present should then elect from their number a chairman and a clerk. Record of Proceedings. — The clerk of such meeting shall deposit with the county clerk a copy of the proceedings of such meeting. Such copy must be certified by the chairman and the clerk. The county clerk should immediately upon receipt of such proceedings file a certified copy thereof with the Commis- sioner of Education. SCHOOL DIRECTORS Number of. — There shall be two school directors for each town. When and How Chosen. — Two school directors shall be chosen in each town at the general election in 1910. In 1912, and every fifth year thereafter, and in 1915 and every fifth year thereafter, one school director shall be elected in each town. These directors must be chosen at the general election. In towns other than in the counties of Nassau and Suffolk, in which bien- nial town meetings are held in the winter or spring months instead of at the general election, school directors shall be elected at such biennial town meetings. The law provides that such directors shall be nominated and elected in the same manner as town ofiicers chosen at a town meeting held at the. time of a general election. The provisions of the election law relating to the nomination and election of town officers chosen at a town meeting held at the time of the general election applies to the election of these directors. Filing Certificates of Nomination. — Under the election law the certificates of nomination of school directors must be filed in duplicate. One certificate should be filed with the town clerk RURAL SCHOOL SUPERVISION 35 and one with the county clerk in all counties except Erie and in that county with the commissioner of election. Notice of Election. — The notice of the election of school direc- tors must be given by the county clerk and not by the Secre- tary of State. The Attorney-General has held that school direc- tors are town officers, to be voted for at a general election, and that the county clerk must give the notice of election under authority of section 293 of the Election law. Ballots. — The Election law makes different provisions for the printing of ballots for town officers elected at a general election in even numbered years and in odd numbered years. The names of school directors must therefore.be printed as follows: 1. The names of candidates for school directors who are to be elected in an even numbered year in towns holding their town meetings at the time of the general election should be printed with other town officers to be voted for and upon a separate ballot. In such towns the ballot containing the names of candi- dates for town officers, including school directors, should be separate from the ballot containing the names of candidates for county and state officers. In the election of directors in 1910 and in 19 12, in towns which hold their town meetings at the time of the general election, there must be a separate ballot. 2. In towns which hold their town meetings at a time other than the time of the general election, the names of school direc- tors must also be printed upon a separate ballot. 3. When school directors are to be elected in an odd numbered year, there should be but one ballot and the names of such directors should be printed on the same ballot as the names of candidates for other officers voted for in such town at the gen- eral election of that year. This rule applies to the election of school directors in 191 5 and 1917. When separate ballots are required, the town clerk must pro- vide them. An important question arises as to whether women may vote for a school director. A district superintendent is an officer •56 NEW YORK SCHOOL LAW chosen at a general election in this State, and the State Con- stitution provides that the right of suffrage at these elections shall be restricted to male citizens. The town law also provides that town officers shall be chosen by the electors of the town. A school director is a town officer and the electors of a town are also restricted to male citizens. The Court of Appeals of this State decided that a law to give women the right to vote for the office of school commissioner was unconstitutional. In 1892 the State legislature enacted a law extending the right of suffrage to women in the election of school commissioners. " This act provided that persons entitled to vote for school com- missioners should be registered as provided by law, in, the same manner as those v^ho were entitled to vote for county officers. A test case on the constitutionality of this law arose in Onon- daga county. Acting under the authority of this law, Mrs. Matilda J. Gage registered in the third election district in the town of Manlius, October 23, 1893. The board of inspectors were requested to remove her name from the registry, but refused to do so. An application was then made to a justice of the Supreme 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 unconstitutional. 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 low^er court in issuing such order. An appeal- was then taken by Mrs. Gage from the action of the General Term to the Court of Appeals, and on- January 16, 1894, the Court of Appeals affirmed the action of the lower courts. The opinion of this court was written by Justice Finch and con- curred 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 citkens are en- RURAL SCHOOL SUPERVISION 37 titled to vote for constitutional officers elected by the people; that the office of school commissioner is a constitutional office, and that the law in question conferring upon women the right to vote for school commissioner was a direct contravention of the State Constitution. This decision undoubtedly applies to school directors. (141 N. Y. 112.) Term of Office. — One director chosen in 19 10 shall serve until January i, 19 13, and the other until January i, 19 16. All direc- tors chosen in 1912 and thereafter shall serve for a period of five years from January i following their election. Oath of Office. — All persons elected or appointed to this office are required to take the oath of office prescribed by the State Constitution before entering upon the discharge of the duties of the office and not later than thirty days after their election. This oath may be taken before a justice of the peace or a notary public, and it must be filed in the office of the town clerk of the town. Vacancies. — This office may be vacated ( i ) by filing a written resignation with the town clerk; (2) by removing from the town; (3) by death. If a town fails to elect a director a vacancy shall be deemed to exist. Filling Vacancy. — A vacancy in the office of school director shall be filled by the town board of the town in which such vacancy exists. Salary.— Each director shall receive two dollars per day and his necessary traveling expenses. The town board is required to audit the same. DISTRICT SUPERINTENDENT How Chosen. — A district superintendent is chosen by the school directors of the towns comprising a supervisory district. These directors meet as a board and each director is entitled to one vote. The election shall be by ballot and the person receiving a majority of all votes cast shall be elected. 38 NEW YORK SCHOOL LAW Meeting of Directors. — i. The first meeting of directors shall be held at 11 o'clock on the third Tuesday in May following their election. It shall be held at a place in the district desig- nated by the county clerk at least ten days previous to the date of such meeting. The county clerk is also required to send each director a ten days' notice of the time and place of such meeting.. The directors present at such meeting shall organize by electing from their number a chairman, a clerk and two inspectors of election. Such directors should also designate a place for holding future meetings. 2. The board of school directors shall meet at 11 o'clock in the forenoon on the third Tuesday in August, 191 1, and on the third Tuesday in June, every fifth year thereafter to elect a district superintendent of schools. The clerk of the board should give each director ten days' notice in writing of the hour, date and place of meeting. Proceedings of Meeting. — Within three days after the close of a meeting of a board of directors the clerk of such board shall file with the county clerk a copy of the proceedings of such meeting certified by himself and the chairman. Certificate of Election. — The county clerk on receiving official notice of the election of a district superintendent of schools should deliver to the person elected a certificate of election attested by his signature with the seal of the county. The county clerk should also transmit to the Commissioner of Education a duplicate of such certificate. Failure to Elect a District Superintendent. — If a board of directors fail to elect a district superintendent before the first day of January following the date of such meeting, the county judge shall appoint a superintendent who shall serve until the board does elect a superintendent. Vacancies. — The ofiice of district superintendent of schools shall be vacant upon : 1. The death of an incumbent, 2. His removal from ofiice by the Commissioner of Education. RURAL SCHOOL SUPERVISION 39 3. His removal from the county. 4. His filing in the office of the clerk of the county his written resignation. 5. His acceptance of the office of supervisor, town clerk or trustee of a school district. 6. His failure to take and file the oath of office as provided in this article. Filling Vacancy. — A -^/acancy in the office of district super- intendent shall be filled for the remainder of the unexpired term by the board of school directors. Upon direction of the Com- missioner of Education the clerk of the board of school directors must call a meeting of such board to fill such vacancy. All provisions of law in relation to the election of a district super- intendent for a full term including notices, filing proceedings, etc., apply to the election of a superintendent to fill a vacancy. Term of Office. — The term of office of district superintend- ents elected in 19 ii shall begin January i, 19 12 and terminate August I, 1916. Those elected in 1916, and thereafter shall serve for five years and their terms of office shall begin on the first day of August following their election. The object of this arrangement is to have the term of a district superintendent begin at the beginning of a school year and terminate at the close of a school year. A district superintendent unless removed holds office until his successor is elected and qualifies. Qualifications of District Superintendents. — i. To be eligible to election to the office of district superintendent of schools a person must be at least twenty-one years of age, a citizen of the United States and a resident of the State, but he need not be a resident of the supervisory district for which he is elected at the time of his election. Such superintendent must, however, become a resident of the county containing the district for which he has been elected on or before the date on which his term of office begins. Failure to acquire such residence will be deemed 40 NEW YORK SCHOOL LAW a removal from the county. No person shall be ineligible on account of sex. 2. In addition thereto he must possess or be entitled to receive a certificate authorizing him to teach in any of the public schools of the State without further examination and he shall also pass an examination prescribed by the Commissioner of Education on the supervision of courses of study in agriculture and teach- ing the same. The holder of a normal school diploma issued by one of the State normal schools of this State, a diploma issued by the New York State Normal College, a college gradu- ate certificate, or a life State certificate satisfies the requirement of the law in relation to a teachers' certificate. 3. A district superintendent who is removed from ofiice shall not be eligible to election to such office in any supervisory dis- trict for a period of five years. Not to be interested in certain business or to accept rewards, et cetera. — ^A district superintendent of schools shall not : 1. Be directly or indirectly interested otherwise than as author in the sale, publication, or manufacture of school books, maps, charts, or school apparatus or in the sale or manufacture of school furniture or any other school or library supplies. 2. Be directly or indirectly interested in any contract made by the trustees of a school district. 3. Be directly or indirectly interested in any agency or bureau maintained to obtain or aid in obtaining positions for teachers or superintendents. 4. Directly or indirectly receive any emolument, gift, pay, reward or promise of pay or reward for recommending or pro- curing the sale, use or adoption or aiding in procuring the sale, use or adoption of any book, map, chart, school apparatus or furniture or other supplies for any school or library or for recommending a teacher or aiding a teacher in obtaining an appointment to teach. Not to engage in other business. — A district superintendent . of schools shall devote his whole time to the performance of RURAL SCHOOL SUPERVISION 4I the duties of his office and shall not engage in any other occu- pation or profession. Such time as shall not necessarily be devoted by a district superintendent of schools to the perform- ance of the clerical and ad.iiinistrative work of his office shall be devoted to the visitation and inspection of the schools main- tained in his supervisory district. A district superintendent must under this requirement of the law devote his time to the super- vision of his schools as exclusively as a superintendent of a city or to the same extent that a teacher devotes her time to her school. Removal of District Superintendent From Office. — The Commissioner of Education may, by an order under the seal of the Education Department, remove a district superintendent of schools from office whenever he is satisfied that such superin- tendent : 1. Has been guilty of immoral conduct; 2. Is incompetent to perform any official duty ; or 3. Has persistently neglected or wilfully refused to perform any lawful duty imposed upon him. Must Take Oath of Office. — A district superintendent of schools before entering upon the discharge of the duties of his office, and not later than five days after the date on w^hich his term of office is to commence, shall take the oath of office pre- scribed by the constitution. Such oath may be taken before a county clerk, a justice of the peace, or a notary public and must be filed in the office of the clerk of the county. Salary. — i. Each district superintendent shall receive an annual salary from the State of twelve hundred dollars, payable monthly by the Commissioner of Education from moneys appropriated therefor. 2. The supervisors of the towns composing any supervisory district may by adopting a resolution by a majority vote increase the salary to be paid by such district to its district superintendent. Such supervisors must thereupon file with the clerk of the 42 NEW YORK SCHOOL LAW board of supervisors a certificate showing the amount of such increase. The board of supervisors of each county shall levy such amount annually by tax on the towns composing such super- visory district within the county. Expenses. — The Commissioner of Education shall quarterly audit and allow the actual sworn expense incurred by each dis- trict superintendent of schools in the performance of his official duties, but the amount of such expense allowed shall not exceed in any year three hundred dollars. Such expenses shall be paid by the Commissioner of Education from moneys appropriated therefor. Printing and Office Supplies. — A board of supervisors may authorize by resolution an expenditure to meet expenses of printing incurred by a district superintendent for official matters, or of the purchase of necessary office supplies. The county is not liable for expenses for either of these purposes unless the board of supervisors first passes a resolution au- thorizing expenditures for such purposes. Salary May be Withheld. — The Commissioner of Education may, whenever he is satisfied that a district superintendent of schools has persistently neglected to perform an official duty, withhold payment of the whole or any part of such superintend- ent's salary as it shall become due and he may also withhold any sum to which such superintendent shall be entitled for expenses and the amount thus withheld shall be forfeited ; but said commis- sioner may in his discretion remit such forfeiture in whole or in part. Performing Duties of Another District Superintendent. — A district superintendent, when requested in writing by a superin- tendent of an adjoining district, may perform any of the official duties of the superintendent of such adjoining district. Upon an order from the Commissioner of Education, he must perform such duties. Powers and Duties. — A district superintendent is the super- visory school officer for his district. (For the specific duties of a superintendent in relation to any branch of school work, consult the chapter on such subject.) The more important powers and duties of this officer are as follows : Supervision. — One of the most important duties of a super- intendent is that of supervision. He is required by law to visit and^ examine all the schools and school districts in his juris- diction. It is his duty to advise teachers in relation to their RURAL SCHOOL SUPERVISION 43 methods of teaching and the management and discipHne 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 educational interests. He should see that the grounds and outbuildings are in proper condition, and that the school is equipped as required by law to perform the best work possible. Establish District Boundaries. — When the records of school districts are defective and not properly filed in the offices of town clerks, or when the boundaries of school districts are indefinite or in dispute, it is the duty of the district superin- tendent 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 superintendent may employ sur- veyors to establish lines, prepare maps, etc, and any expense necessary for this purpose is a charge upon the district or dis- tricts affected. May Order Repairs. — When, in the opinion of a district super- intendent, 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 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 superintendent, the furniture in a schoolroom is unfit for use and not worth repairing, 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 superintendent may also direct the trustees of any school district to abate any nuisance in or upon the premises of their district. May Condemn School Building. — A superintendent has the authority, when in his opinion a schoolhouse is unfit for use and not worth repairing, to issue an order to the trustees con- demning such school building, and to direct in such order the 44 NEW YORK SCHOOL LAW amount necessary, in his judgment, to erect a building suitable for the needs of the district. Previous to 1897 a school com- missioner could not exceed $800 in his estimate of the amount necessary for the erection of a building. The legislature of that year amended the law by removing this limit and leaving the amount to the discretion of the commissioner. A district superintendent has the same discretion. Examine and License Teachers. — It is the duty of district superintendents to conduct examinations for teachers' certifi- cates, under such rules and regulations as shall be prescribed by the Commissioner of Education, and to license those who are found to be qualified under such regulations. Revocation of Certificates. — A district superintendent may annul any teacher's certificate, normal school diploma, State certificate, or college-graduate's certificate, for immoral conduct on the part of the holder of such certificate. Since the passage of the Consolidated School Law of 1894 a school commissioner has not had authority to revoke a certificate upon any other ground than that of immoral conduct and this restriction applies to a district superintendent. Administer Oaths, Etc. — A district superintendent may admin- ister oaths or take affidavits in all matters relating to school work, but without charge or fee. Take Testimony in Appeals. — When directed by the Commis- sioner of Education, a district superintendent must take and report to him testimony in any appeal case. A superintendent 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. Reports. — A district superintendent is required by law to ob- tain reports from the trustees of all school districts within his jurisdiction and to file an abstract of such reports annually with the Commissioner of Education. He is also required to submit reports from time to time to the Commissioner of Education, giving such information relative to the schools in his district RURAL SCHOOL SUPERVISION 45 and such suggestions upon the educational work of the State as the Commissioner shall request. Subject to Regulations of Commissioner of Education. — A district superintendent is subject to such rules and regulations as the Commissioner of Education shall from time to time adopt. Appeals from a district superintendent's acts and de- cisions may be taken to the Commissioner of Education. Call School Meetings. — A district superintendent may, in cer- tain cases, call annual and special school meetings, and must call the first school meeting in a new school district. (See chap- ter on school meetings.) Rooms for Examinations. — A district superintendent can re- quire the trustees or boards of education of any school district to furnish him with a suitable room or rooms in school build- ings for the purpose of holding any examination appointed under the direction of the Commissioner of Education. Divide Territory into School Districts.— It is the duty of dis- trict superintendents to make such division 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 district superintendent may fill a vacancy in the of^ce of trustee by appointment, 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. Recommend Appointment of Normal School Pupils.^He has the power to recommend to the Commissioner of Education for appointment as pupils in the State normal schools such persons as are qualified and as, in his judgment, would become successful teachers by receiving a normal school training. Apportion School Money.— Hq is required to apportion the State school moneys to the various school districts under his supervision as directed by law. Assemble Teachers. — To assemble all the teachers of his dis- 46 NEW YORK SCHOOL LAW trict by towns, or otherwise, on days other than legal holidays when schools are not in session for conference on the course of study, counsel and advise on discipline and school manage- ment and for the discussion of school problems for the promo- tion of the educational interests of the districts. Meetings of School Officers. — To hold meetings of trustees and other school officers to advise and counsel them in relation to their duties and particularly in relation to the repair, con- struction, heating, ventilating and lighting of schoolhouses and improving and adorning the school grounds. To advise trustees in relation to the employment of teachers, the adoption of text- books and the purchase of library books, school apparatus, furni- ture and supplies. Inspect Training Classes. — To inspect the work done in a training class maintained in his district and to report to the Commissioner of Education on the efficiency of the instruction given and observation and practice work of the members of such class. REVIEW QUESTIONS What provision did the act of 1795 contain relative to the election of commissioners? What were the duties of these officers? Who per- formed the duties of these officers durmg the first year after the passage of this act? What compensation did commissioners receive? What change did the act of 1812 make in relation to the number of these com- missioners? What compensation v^as provided? How fixed? What new office did this act of 1812 create? What was the duty of these inspectors? What change was made in the number of inspectors in 1841 ? When was the office of deputy superintendent 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. When was the offices of commissioners and inspectors abolished? What new offices were created in this year? How were these officials choaen? For what period? What salary was paid them? What were their amies? Describe their duties between 1847 and 1856? When were these offices abolished ? Why ? Have women a legal right to vote for school direc- tors? Why not? Give history of law of 1892 and a test case which REVIEW QUESTIONS ' 47 arose under such law ? What is the term of office of school directors ? How may the office be vacated? How may such vacancy be filled? What salary does a director receive? What territory is divided into super- visory districts? How many districts are authorized? How are they distributed? How organized? When? How is meeting called for such purpose? What disposition is made of the proceedings of such meetings? How many school directors in each town? How chosen? When? How nominated? How are nommation certificates filed? Who gives notices of election ? State the two cases when the ballot containing the names of school directors must be a separate ballot from that con- taining names of candidates for state and county officers. When printed on same ballot? How is a district superintendent chosen? How many votes is each director entitled to? When is the first meeting of such directors? Who calls such meeting? How is a board organized? When does such board meet to elect a district superintendent ? What notice of the meeting is required? What becomes of the proceedings of such meetings? Who issues a certificate of election? If a board fails to elect a superintendent, how is such officer chosen? Mention six ways in which the office of district superintendent may be vacated? How is a vacancy in such office filled? What is the term of the first superintendents chosen? What the term thereafter? What is the object of this arrangement? What qualifications are specified for this office ^ How does removal from such office affect the qualifications of the officer removed? What prohibitions does the law prescribe as to the business interests of a district superintendent? What is the requirement of the law in relation to the work a superintendent may engage in ? Who may remove a district superintendent? State three grounds for removal. When must a superintendent take the oath of office? Who may administer it? What salary is paid a superintendent? Why pays this salary? How may the salary be increased? What provision is made to meet the expenses of a district superintendent? Who may withhold a superintendent's salary? For what reasons? Who may remove a superintendent from office? Upon what ground? When may 2l superintendent perform official duties for the superintendent of an adjoining district? When must a superintendent perform such duties? What are the duties of a superintendent in relation to super- vision? In establishing boundaries? Whom may he employ for this purpose? To whom is such expense chargeable^ When may a superin- tendent order repairs on building? To what amount? When may he order furniture purchased? To what amount? When may he order nuisances 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 48 ^ NEW YORK SCHOOL LAW relation to the amount a commissioner could direct to be expended? What discretion has a superintendent? What is his duty in relation to examination and licensing of teachers? What certificates may a superintendent revoke? Upon what ground? May he revoke a certificate upon any other ground ? What oaths or affi- davits may he administer? Is he entitled to fees for such service? When may he take testimony in appeal cases before 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 require for examinations? What power has he to divide the territory of his district? When may be appoint a trustee? What are his duties in relation to normal school pupils? State moneys? When may he assemble the teachers of his district? The school officers? What is his duty in relation to training classes? CHAPTER V DUTIES OF SUPERVISORS, TOWN CLERKS, COUNTY TREASURERS, DIS- TRICT ATTORNEYS, AND COUNTY JUDGES, IN RELATION TO SCHOOL MATTERS. SUPERVISORS [Article 13] Trustees of Gospel and School Lands. — Supervisors are made the trustees of gospel and school lands. Annual Return of School Money. — Each supervisor must make a return in writing on the first Tuesday of February in each year to the county treasurer, showing the amount of money in his hands for teachers' salaries and the districts to which such money belongs. After such date he should not pay out any of such money until he receives the next certificate of appor- tionment from the school commissioner. Disbursement of School Moneys. — It is the duty of super- visors 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 pupils. The order upon the supervisor must show that the person to whom such money is payable was a duly qualified teacher, and must also show the dates between which such teacher v/as employed. If such funds are to be used for the payir.ent of tuition and transportation of pupils the order should set forth that fact. Payment to Collector or Treasurer. — Whenever 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 tlie trustees, the supervisor shall pay to such collector or treasurer all the moneys in his hands due such district that may De applied upon the payment of the salaries of teachers. 50 NEW YORK SCHOOL LAW 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 dis- trict all moneys due it for salaries of teachers. Accounts of Receipts and Disbursements. — A supervisor should keep a correct account of all moneys received and dis- bursed by him, and should make a report thereof, with proper vouchers, to the town board at its annual meeting. 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 purposes they were received, and to whom and for what purposes they were paid. This record should be delivered to his successor in office. Filing Statement of Accounts. — Within fifteen days after the term of office of a supervisor expires 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 certificate or statement from the county treas- urer 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 present 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. 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 forfeitures provided for by the education law. After DUTIES OF SUPERVISORS. ETC. 51 deducting his ej To each city for approved books, standard pictures and ap- paratus an allowance not to exceed i;^i8 and two dollars additional for each duly licensed teacher employed therein for the legal term and $250 for each academic department. To each union school district maintaining an academic de- partment for approved books, standard pictures and apparatus an allowance equal to the amount raised from local sources but not to exceed $268 annually and two dollars additional for each teacher employed in the district for the legal term. To all other school districts for approve 1 books, geographical maps and a globe an allowance not to exceed $18 annually and two dollars additional for each duly licensed teacher employed in the district for the legal term. The amount of tuition paid by the State for non-resident tuition in high schools or academic departments is $20 per year for not less than thirty-two weeks. (See chapter 18.) The balance appropriated for this purpose is then apportioned to the high schools and the academic departments on the basis of attendance of the pupils therein during the preceding year. REVIEW QUESTIONS Name three sources from which the State has derived revenue for the support of the public school system? What is the Education Fund? When was the Common School Fund created? What led to its creation? How 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 distribution 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 1901 ? 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 176 NEW YORK SCHOOL LAW 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 appropriated ? 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 appro- priated determined? When was this fund created? What amount was appropriated that year? In what year was the increase 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, 1909? How was this money raised? Explain the origin of Gospel and School lands. How was the revenue derived from this source used? What amount was realized in 1910? How many counties now receive revenue from this fund ? Trace the origin and purpose of the literature fund? What constitute the State school moneys f 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, village 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 Commis- sioner of Education make the apportionment? What are district quotas? What are teachers' quotas? Upon what basis are district quotas appor- tioned? What entitles a district to a district quota? May legal holidays be included as any part of the 160 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 disrrict receive? On what basis are quotas apportioned to cities? What is the amount of a training class quota ? What is the amount of a quota for a school maintained under the industrial education law? What amount is paid by the State for non- resident tuition in high schools ? For what purpose must school moneys apportioned by the Commissioner of Education 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 allowance be made in such cases? If the apportionment has been made, how may the allowance be made? When may the Commissioner of Education withhold the money due a district or city? What portion may be withheld from a town? When? What authority has the Commissioner of Education in cases where a district is not entitled to a quota by reason of having employed an REVIEW QUESTIONS 177 unqualified teacher? How ma}- that which has been wrongly apportioned be reclaimed? What disposition is made of such money when recovered? It 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 received its just apportionment? What if this fund is insufficient? With what officers s..ouid the Commissioner of Education 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 ? When do district superintendents apportion school money? What moneys should they first set apart? How do district superintendents ascertain the amount of unexpended moneys in the hands of supervisors? What is done with this money? Are these moneys returned by super- visors? How are such cases adjusted? How do superintendents ascer- tain the amount of fines and penalties ? How should records of these matters be kept? How should such moneys be apportioned? Explain fully how money is apportioned to joint districts. What certificate must the superintendents file with the county treasurer and the Commissioner of Education ? What statement should a superin- tendent 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 XVII COURSES OF STUDY, SUBJECTS INCLUDED, ETC. — PHYSIOLOGY AND HYGIENE [Articles lo and ii] Authority to Adopt Courses of Study. — Under the education law the authority to prescribe courses of study for common- school districts is given to the trustees of such districts. The authority to prescribe courses of study for union free- school districts is given to boards of education of such districts. Subjects That Must be Included in Such Courses. — There is no direct provision of law naming the subjects that shall con- stitute courses of study prepared by trustees and boards of education. The only express provision of law requiring 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. The Compulsory Education Law provides that the children who are required by that law to attend tipon instruction shall be taught in English in the branches of reading, spelling, writing, arithmetic, English language, 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 required 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 include in their course of study other subjects not named in the preceding paragraph. In arranging such courses they should exercise proper discretion. If trustees abuse the power granted them in this respect and COURSES OF STUDY 179 include subjects not practical and not for the best educational interests of the district, an appeal should be taken to the Com- missioner of Education, 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 arrang- ing courses'' of study and can not direct what studies shall be pursued. This is a matter resting solely with trustees. In most 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 pursue. 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. PHYSIOLOGY AND HYGIENE [Article 26] Character of Instruction. — The law provides that the nature of alcoholic drinks and other narcotics and their 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 in- struction must also be given in schools connected with reforma- tory institutions. This instruction must be given in connection with the various divisions of physiology and hygiene. Who Shall Receive Instruction. — The pupils in all schools described in the preceding paragraph 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 including the kinder- garten, or who are in corresponding classes in ungraded schools, must study and must be taught this subject from suitable text- books. All pupils who come within these provisions must be supplied with suitable text-books. l8o NEW YORK SCHOOL LAW All pupils in the tiiree lowest primary school years, not in- cluding kindergarten, must receive oral instruction. Period of Instruction. — The ruling of Superintendent Skinner on the subject which is still followed was 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 for 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 years 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 kindergarten) school years shall be instructed in this subject orally for not less than two lessons a week for ten zveeks or the equivalent of the same in each year. 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, intermediate, grammar, and high school pupils, or lo corresponding classes m 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 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' examinations in physi- ology and hygiene must include a proportionate number of ques- tions 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, PHYSIOLOGY AND HYGIENE l8l 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 Commissioner of Edu- cation, on satisfactory evidence that anv 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 meth- ods of teaching it. Apportionment of Public Money.— Before any city can re- ceive any of the public money of the State, the superintendent of schools of such city must file an afftdavit with the city treas- urer or chamberlain, and a copy thereof with the Commissioner of Education, 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 president of the board of education of each union free-school district and by the trustees of each common-school district and filed with the dis- trict superintendents 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 Commissioner of Education 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 Commissioner of Education, 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. l82 NEW YORK SCHOOL 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 re- ligious 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 Superintend- ents of New York State, and the Commissioner of Education. In many cases all the patrons of a school are willing that re- ligious 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 desire the obser- vance of religious exercises and pupils assemble in the school- room previous to the regular hour for opening school, and no objection is made by any taxable inhabitant of the district, such exercises may be conducted, provided all pupils are permitted to act their pleasure in regard to attendance thereon, and, pro- vided the exercises are not continued beyond the hour at which the school should regularly convene. Whenever any dissensions would arise from conducting religious exercises on this plan, such exercises 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 common 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 instruction ? 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, impracticable, 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? REVIEW gUESTIONS 183 In what schools must the subject of physiology and hygiene be taught? What is the provision of law relative to teaching about alcoholic drinks? V/hat 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 jf the State Department on this question? What is the ruling relative o 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 Commissioner of Education 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 pur- chase text-books? What is the duty of the Commissioner of Education when any city or school district fails to comply with any of the provisions of this law? 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 ta 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 conducted in a public school? CHAPTER XVIII CONTRACTS FOR EDUCATION OF CHILDREN TRANSPORTATION OF CHIEDREN FREE TUITION IN HIGH SCHOOLS — SAVING BANKS VACCINATION. [Article 2]j Contracts Between Districts for Education of Children. — Any scliool district, by a majority vote of the qualified voters: present ana voting, may direct the trustees of such district to contract with the trustees or boards of education consenting thereto of any district or city for the education of its children. Such contract shall be for such period as agreed upon and shall not exceed one school year. This contract must be written and in the form prescribed by the Commissioner of Education. It should be certified by the trustees of each of the districts, or, if either of the districts has a board of education, by the secre- tary of such board, and filed with the Commissioner of Education. If such contract is approved by the Commissioner of Education the district vhose children are educated under such contract shall be deemed lo have employed a qualified teacher for the period of such contract. Such contract is not binding upon either party until it is approved by the Commissioner of Educa- tion. Whenever the period of such contract, combined with the period of time school is actually taught in such districts by a qualified teacher, amounts to at least i6o days, such district shall be entitled to receive a district quota. In no instance, how- ever, can a school district receive a greater amount of public money than the total expense incurred in payment of tuition and transportation of pupils. The Legislature of 1904 amended this law by providing that a district could contract for the education of part of its children. CONTRACTS FOR EDUCATION OF CHILDREN 1 85 The education department has ruled that such contract may be made when such children are so located m a district that they may attend the school in an adjoining district more conveniently than the school in their own district, when better facilities will be afforded by contracting with two or more districts ; and when the parents of all the children of a particular grade or grades below the eighth grade will consent to the education of their children in another district. When a district maintains a school and in addition thereto makes a contract for the education of at least twelve of its chil- dren, such district is entitled to its district quota, and also to a teacher's quota if the expense under such contract, including transportation of pupils, equals or exceeds a teacher's quota. When the amount is less than a quota a like amount will be apportioned the district. Transportation of Pupils.— W^hen the voters of any school district meeting have authorized a contract with the school authorities of any city or other school district for the educa- tion therein of its children of school age, they may also author- ize a tax to pay the expenses of conveying the children of such district to the schools of the city or school district with which such contract has been made. Wlien such contract has been made the trustees of a district may use any portion of the district quota to pay for the education of such children under the terms of such contract, and also for the expenses of the transporta- tion of such children. If any of the children of school age in a district live so remote from the school-house therein that they are practically deprived of school advantages during any portion of the school year, the voters at a district meeting may provide for the transportation of such children from their homes to the school-house of the district. The expense therefor may be met by a district tax, or it may be paid out of the district quota apportioned the district. Parents Not Entitled to Compensation for Conveying Pupils. —To vote compensation to a parent from the public funds for l86 NEW YORK SCHOOL LAW taking his child to and from school was not intended under the contract law. Payment to a parent for conveying his children to school comes dangerously near being an improper considera- tion to influence his vote in favor of the contract system when it might be more desirable to>'"maintain a home school. A school district should maintain a home school unless it clearly appears that the district is too weak financially and numerically to do so. Everi then it should be clearly shown that the educational iiacilities of the district will be improved by contracting, and that it may be done without imposing undue hardships upon the chil- dren required to attend school under such contract. Beyond that the intent of the law in providing for transportation was that it should be regular and daily ; that individual parents should not derive pecuniary advantage from it ; and that noth- ing should be left to parental convenience or caprice. The general rule should be that one person of proper character, furnishing suitable accommodations, should be regularly em- ployed, and the contract for transportation should be awarded, after opportunity for competition, to the most reliable party who will furnish the best transportation at the lowest cost to the district. (Com'r Draper, No. 5219, October 31, 1905.) The Commissioner of Education will not approve a contract for the education of children when it is shown that the distance such children must travel to attend school is so great as to prac- tically deprive them of school privileges, until transportation is provided for such children. FREE TUITION FOR NON-RESIDENT PUPILS IN ACADEMIC DEPARTMENTS [Section 493] Object. — The object of this law which has caused so much discussion is to bring within the reach of every boy and girl in the State a complete academic education without charge for tuition. Approved Schools. — No school can re:eive tuition frorh the State for the attendance of pupils unde' this act unless such FREE TUITION IN ACADEMIC DEPARTMENTS l8y school is approved by the State Education Department. To be approved a school must maintain a satisfactory course of study, sufficient teaching force, adequate equipment, and suitable school building facilities. Schools Entitled to Compensation. — To entitle a school to receive compensation for the instruction of non-resident pupils, such pupils must have been in regular attendance in the aca- demic department thereof for a period of not less than eight weeks, and they must reside in districts of the State not main- taining an academic department. Pupils Who May be Admitted.— All pupils residing within the State and in districts not maintaining an academic depart- ment may be admitted into any of the approved schools free of tuition by presenting to the local authorities a Regents' pre- liminary certificate. Students possessing equivalent qualifica- tions covering elementary work will be admitted after their cre- dentials have been approved by the State Education Depart- ment. The holders of uniform teachers' certificates meet the requirements. Pupils are not required to attend the school near- est their residence, but may attend any approved school where the school authorities admit them under this act. Pupils residing in districts which maintain less than a four years' course may be admitted to schools of higher grade after completing the course of study prescribed for the school of the district in which they reside. Schools May Charge Pupils.— A school receiving non-resi- dent pupils at State expense may, wath the approval of the Commissioner of Education, charge a pupil the customary rate of tuition upon the condition that the pupil or his parent or guardian assumes the diiTerence between the amount paid by the State and the customary amount of tuition charged. A school is not required to furnish non-resident students 1 83 NEW YORK SCHOOL LAW with free text-books or any other accommodation not fairly included under the term tuition. Schools Need Not Accept State Pupils. — No school in the State is required under this law to accept non-resident pupils under this act, and schools which do not may accept non-resi- dent pupils under such conditions and charges for tuition as may be agreed upon between the school authorities of such school and such non-resident pupils. Tuition Not Chargeable for Certain Students. — An approved school receiving non-resident pupils under this act will not be entitled to tuition for members of teachers' training schools or training classes. Nor will such schools be entitled to tuition for pupils in the academic department from districts contract- ing with such approved school for the education of their chil- dren, unless the expense incurred by the contracting district, including transportation of pupils, exceeds $250. The State will not pay the tuition of non-resident pupils in attendance on any department or grade below the academic department. Compensation. — An approved school receiving non-resident pupils under this act is entitled to $20 per year tuition for a school year of at least thirty-two weeks, or a proportionate amount for a shorter period of attendance of not less than eight weeks. SCHOOL SAVINGS BANK [Section 160 — Banking Law] General Statement. — The legislature of 1904 amended the banking law by authorizing school savings banks in the public schools of the State. This action was necessary in view of an opinion of the State Attorney-General, in order to legalize a growing practice in many schools intended to inculcate prin- ciples of thrift and economy at an early period of the child's life. Who May Collect Money. — The principal of any public school in the State or a superintendent of schools, or any other person designated for that purpose by a board of education, may collect from pupils once a week or from time to time small amounts of savings. VACCINATION l8g How Deposited. — Such savings shall be deposited on the day collected by the person making such collection in a savings bank of the State. Such deposits must be to the credit of the respec- tive pupils from whom it was collected. If the amount collected at any one time shall be insufficient for the opening of individual accounts, it shall be deposited in the name of the principal or superintendent in trust and to be transferred to the credit of the respective pupils to whom it belongs when the amount is sufficient for that purpose. Data to be Furnished Bank. — Principals or superintendents must furnish banks in which such deposits are made a list of the names of such depositors, their ages, signatures, addresses, place of birth, parents' names, and any other data required by such banks. Penalty for Violation of This Law. — For the purposes of this law it is lawful to use the tern.s " School Savings Banks," or '' System of School Savings Banks " in circulars and other- wise, but for a violation thereof a penalty of $ioo is imposed for each offense and for each day such offense is continued. VACCINATION [Chapter 49, Public Health Law, as amended by Laws of 1915, Chapter 133.] The Court of Appeals, in a decision recently rendered, de- clared that part of the public health law relating to the vaccina- tion of children constitutional. This law applies to cities as well as school districts. The Supreme Court of the United States also held that the Massachusetts law, which is similar to the New York law, was not an infraction of the United States Constitution. Opinion by Justice Harlan, February 20, 1905. Unvaccinated Children Not Entitled to Attend School in Cities of the First Class. — ^No child or person who has not been IQO NEW YORK SCHOOL LAW \accinated shall be admitted or received into any public school in a city of the first class. School authorities are required to enforce this provision of the law While the enforcement of the law is under the supervision of the school authorities it is incumbent upon the health authorities to provide, at the expense of the city, for vaccination of all pupils in attendance upon the schools whose parents or guardians do not provide vaccination. Enforcement of Vaccination Law in Cities of the Second and Third Classes and in School Districts. — Vaccination is not to be enforced against school children in cities of the second and third classes or in school districts, unless the State Com- missioner of Health certifies in writing to the school author- ities in charge of any school in such territory that smallpox exists in such city or district, or in the vicinity thereof. When the Commissioner of Health issues such certificate it is the duty of the school authorities to exclude from school all chil- dren who do not furnish a certificate to the efifect that they have been successfully vaccinated with vaccine virus or that an examination of the child furnishes evidence by scar of a successful previous vaccination. The enforcement of this law is placed upon the school authorities. It is the duty of the local board of health, however, when school authorities are enforcing this law, to provide for the vaccination of all children whose parents or guardians do not provide such vaccination. Expense of Vaccination. — The expense incurred in the vaccination of pupils under health authorities is a charge upon the municipality in which the child or person vaccinated resides. Method of Vaccination. — Only licensed physicians may per- form vaccination, and the operation must be in such manner only as the State Commissioner of Health prescribes. Certified Vaccine Virus. — A physician is prohibited from using vaccine virus unless the same is produced under a license issued by the Secretary of the Treasury of the United States and is accompanied by a certificate of approval of the State Commissioner of Health. The approval of the Commis- sioner of Health will specify the period of time within which REVIEW QUESTIONS I9I such vaccine virus may be used. It may not legally be used after that period. Report of Vaccination. — The Commissioner of Health is re- quired to prepare blank forms on w^hich every physician per- forming vaccination shall make a report to the Commissioner within ten days after performing such vaccination. This cer- tificate must include the full name and age of the person vac- cinated; if the person vaccinated is a minor, the name and address of his parent ; date of vaccination ; date of previous vaccination ; name of maker of vaccine virus, and lot or batch number of same. REVIEW QUESTIONS State the provisions of the vaccination law as it applies to cities of the first class. To cities of all other classes and '•chool districts. Who is required to enforce the vaccination law? In cities of the first class, who meets the expense of children vaccinated by public authorities? In other cities and in school districts? Who may vaccinate? How must the operation be performed? What vaccine virus may be used? For what period of time? What report is required? CHAPTER XIX teachers' qualifications, certificates, contracts, powers and duties [Article 20] Who Are Legally Qualified to Teach. — No person is legally qualified to teach in a public school in any supervisory district who does not hold either a State certificate, a college graduate's certificate, a normal school diploma, an equivalent certificate, a temporary license, a school commissioner's certificate or a district superintendent's certificate. To be legally qualified to teach in a city, or village of 5,000 population or more, a person must hold one of the first four certificates above named or a certificate issued by the school authorities of the city or village in which such person desires to contract. Age of Teachers. — No person can legally be licensed to teach in a public school of this State who is not at least eighteen years of age. State Certificates. — These certificates have been issued by either the State Superintendent of Public Instruction or the Commissioner of Education since 1875, upon examination only. Their holders are legally qualified to teach for life in the public schools of the State without further examination. Previous to 1875, these certificates were issued by the State Superintendent upon recommendation. No examinations were required. Such certificates confer the same rights upon those holding them as State certificates issued since 1875. Candidates must pass the required examinations and must have taught successfully for three years, to be eligible to receive one of these certificates. College Certificates. — A certificate, valid for three years in all schools, will be issued to any graduate of a college approved by the State Commissioner of Education, who shall have com-, pleted therein a course in education under the regulations of the State Education Department. On evidence of three years suc- cessful experience in teaching a permanent certificate will be issued. A certificate, valid for two years, will be granted to a graduate of an approved course in an approved college. If during this term the holder shall pass an examination in psychology, history of education, the principles of education and methods of teaching, TEACHERS QUALIFICATIONS, ETC. I93 the certificate will be renewed for one year. This certificate entitles its holder to teach in high schools and in rural schools or in all schools except primary and grammar grades in cities and villages of 5,000 or more. At the end of three years suc- cessful experience in teaching a college graduate certificate will be issued, valid for life. Normal School Diplomas. — These diplomas are issued by the normal school authorities to students who have completed one of the prescribed courses of these schools. Such diplomas legally qualify those who hold them to teach for life in the public schools of the State without further examination. Uniform Certificates. — These certificates were issued by school commissioners under such regulations as the Commissioner of Education prescribed.* This class of certificates now in force are issued by district superintendents and are first grade, rural school renewable certificates, training-class certificates, and special certificates known as drawing, kindergarten, vocal-music, elocu- tion, commercial and manual training. First, second and third grade certificates are no longer issued. First Grade. — Such of these certificates as have already been issued are valid for either five years or ten years and upon the expiration thereof they may be renewed, without examination, by a district superintendent, for either five years or ten years, accord- ing to the period of time for which such certificates were orig- inally issued. This renewal depends, in the case of five-year certificates, upon the holder thereof having taught three years during the life of the certificate and, in the case of the ten-year certificates, upon the holder thereof having taught at least five years during the life of such certificate. These certificates are valid in the supervisory district for which they are issued and upon indorsement by the superintendent having jurisdiction they become valid in any supervisory district of the State. Training Class. — These certificates are issued to those who complete one year's work in a training class under the supervision of the Education Department for three years and are renewable for five-year periods. Training School Certificates — These certificates are issued for three years by city superintendents to those who complete a course in a training school. They are renewable for ten years without examination, and district superintendents are required to indorse them. * TTie regulations under which these certificates are issued may be obtained at any time from the Education Department. 194 NEW YORK SCHOOL LAW Rural School Renewable Certificates. — These certificates are issued by district superintendents for a period of three years and are valid in school districts not maintaining academic departments. These certificates may be renewed by district superintendents for a period of ten years, provided the holder thereof has taught successfully for two of the three years for which the certificate was issued. Drawing Certificates. — These certificates are issued to special teachers of drawing. They entitle those holding them to teach drawing only. A person who holds a drawing certificate and a general certificate of any grade may teach drawing and do general teaching also. Drawing certificates are valid for three years, and may be renewed without examination for a period of five years in the same manner as first-grade certificates are renewed. Kindergarten Certificates. — The holders of these certificates are entitled to teach kindergarten only. The holder of a kinder- garten certificate, however, who also holds another certificate permitting general teaching, is not debarred from teaching under such other certificate. These certificates are valid for three years, and may be renewed for five years. Vocal-Music Certificates. — These certificates are issued with- out examination, are valid for three years, and may be renewed. A candidate to receive a certificate of this kind must show to the satisfaction of the Commissioner of Education that she has re- ceived sufficient professional training in vocal music and has had sufficient experience in teaching the subject, to be well qualified to receive such certificate and that she completed a high-school course or its equivalent. Other Certificates. — In addition to the above-named certifi- cates, an equivalent certificate may be issued to a person who has completed the equivalent of four years' academic training and two years' professional training, but who may not possess a diploma which is indorsable under Regents rules There are also special certificates issued which authorize the holders thereof to teach elocution, domestic art, domestic science, physical training, manual training, stenography and typewriting, and commercial subjects. The requirement for teachers' qualifications, etc. 195 one of these certificates is the completion of a four years' aca- demic course or its equivalent, and a two years' professional course in the special line which the certificate covers. Voca- tional teachers' certificates are also issued under conditions specified in Regents rules. Academic Certificates.— These certificates are issued by dis- trict superintendents for a period of three years, are limited to schools approved by district superintendents and are not valid in schools which maintain an academic department. But one certificate will be issued to the same person, and such certificate may be extended one year by eighteen credits earned in the examinations for State certificates or by a summer course, but may be endorsed by district superintendents. To receive such certificate a candidate must hold a Regents' academic diploma and must have completed a summer course at a normal school General Certificates.— A State certificate, a college-graduate certificate, a normal-school diploma, a training-school certificate, a professional certificate, a training-class certificate and a first- grade certificate, may be regarded as general certificates to dis- tinguish them from special certificates. These general certificates state that their holders are properly qualified and are entitled to teach in the public schools. Such certificates do not restrict their holders to the teaching of any particular subject. A special certificate does so restrict, as, for instance, a drawing certificate entitles its holder to teach drawing only. The holder of any one of these general certificates may, therefore, teach any special subject, as drawing or kindergarten, without holding a special certificate. Temporary Licenses.— The Commissioner of Education may, in his discretion, issue a temporary license, valid in a school district, a supervisory district or a city for a period not to exceed one year, whenever in his judgment it is necessary or expedient to do so. Refusal to Issue Certificates.— A district superintendent may refuse to issue a certificate to a person who has passed the required examination, if a valid reason is assigned for such Lgt NEW YORK SCHOOL LAW refusal. In cases of this kind, the aggrieved party may appeal to the Commissioner of Education from the action of the super- intendent in refusing to issue his certificate. If in the judg- ment of such commisi>ioner the reasons given by the super- intendent are vahd, such superintendent will be sustained in his refusal to issue such certiricate, but if the Coinmissioner of Education does not consider the superintendent's reasons valid, he will direct such superintendent to issue the certificate. Im- moral 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 Commissioner of Edu- cation. — The Commissioner of Education 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 commis- sioner they have all the force and effect of State certificates and normal-school diplomas issued by the proper authorities of this State. Indorsement of Certificates by District Superintendents. — District superintendents are required under the regulations pre- scribed by the Commissioner of Education to indorse first grade, training-class and special certificates issued under the Depart- ment regulations, or to assign valid reasons for refusing to do so. When such certificates are indorsed by another super- intendent they have the same value in the district of the super- intendent who indorsed them as in the supervisory district for which they were originally issued. The Commissioner of Education holds that the holders of certificates which district superintendents are required under his regulations to indorse are legally qualified to contract to teach in any supervisory district in the State. They may legally contract in such districts before their certificates have been indorsed by the superintendent having jurisdiction. After mak- ing a contract in a supervisory district other than the one for which a certificate is valid, the holder of such certificate should TEACHERS QUALIFICATIONS, ETC. I97 present it for indorsement to the superintendent having juris- diction over the district for which such contract was made. If a superintendent refuses to indorse such certificate, its holder may appeal from the action of the superintendent to the Com- missioner of Education, who will determine upon the validity of the reasons assigned by the superintendent in refusing his indorsement. (No. 4888.) Payment of Unqualified Teachers.— No part of the school moneys apportioned to a scliool district can be applied to the payment of the salary of an unqualified teacher. Nor can the salary of an unquahhed teacher be collected by a tax upon the district. Any trustee wdio applies such money or who directs or consents to the use of such money contrary to these pro- visions, is guilty of a misdemeanor. Any fine imposed therefor must be for the benefit of the common schools of the district. Any trustee or trustees who employ unqualified teachers are personally responsible to suck teachers for their salary. A trustee or trustees who wilfully employ a teacher not legally qualified may also be removed from office by the Commissioner of Education. Revocation of Certificates.— There are two authorities by either of whom teachers' certificates may be revoked, namely, the Commissioner of Education and a district superintendent. The Commissioner of Education 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 con- solidated school law of 1894, school commissioners have had authority to revoke certificates on the ground of immoral con- duct only and district superintendents possess this power. On this ground a district superintendent may revoke a State cer- tificate, a normal-school diploma, a college-graduates' certificate, or a certificate issued by any district superintendent in the State. Whenever charges have been preferred to a district super- intendent against the moral character of a teacher, it is the duty of the superintendent to furnish such teacher a copy of these igS NEW YORK SCHOOL LAW charges and also to 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 disprove such charges. The accused is also entitled to be represented by counsel. When a certificate issued by the Commissioner of Education or a normal-school diploma is revoked by a super- intendent on these grounds, the superintendent should imme- diately file with the Commissioner of Education a notice of such action. A district superintendent cannot revoke a certificate for de- ficiency in scholarship or for inability to manage or govern a school. These are questions which the superintendent should have determined before issuing a certificate. The issuance of the certificate presupposes that proper investigation has been made in regard to the candidate's qualifications, and that such qualifications have been found to be satisfactory to the super- intendent. The only authority to revoke a certificate on this ground is the Commissioner of Education. There are two ways of disposing of an inefificient teacher. One way is to establish such inefficiency to the satisfaction of the Commissioner of Education, upon direct appeal for that purpose in due form. The Commissioner of Education will then revoke the certificate of such teacher. The second method is for the board of trustees to dismiss the teacher. Then, if the teacher appeals from the action of the board, the Commissioner of Education becomes the judge of the validity of the grounds upon which the board based its action. The charge of inefBciency must in this case, also, be proved to the satisfaction of the Commissioner of Education. 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 con- duct was known to the official who issued the certificate at the time he issued it. TEACHERS QUALIFICATIONS, ETC. I99 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 superintendent has no power to place the holder of a certificate upon trial on general charges of immoral conduct. The education law provides that certificates may be revoked for the following specific causes : 1. Failure to attend teachers' institute as required by law. 2. Failure to complete an agreement to teach a term of school without assigning a valid reason. 3. Immoral conduct. In cases which have come before the Commissioner of Edu- cation upon appeal it has been held that certificates may be revoked for a teacher inflicting upon a pupil unreasonable, un- necessary, and cruel punishment, and also for intemperance upon the part of the teacher. Superintendent Draper held that the severe penalty of revok- ing a certificate should not be imposed except for a cause suf- ficiently grave to justify a permanent prohibition of the right to teach. (No. 3572.) In an appeal case decided by Superintendent Skinner the broad and reasonable principle was maintained that the general con- duct of a teacher should be such as to inspire the fullest con- fidence 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 con- tract between the holder of such certificate 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 contract with a board of trustees to teach a public school. A minor making such con- tract must complete the term of contract, and for a failure 200 NEW YORK SCHOOL LAW to do this without a vaHd reason, such minor's certificates may be revoked. Under the general law of contracts, a minor would not be responsible to a board of trustees for any damage claimed by reason of such minor's failing to comply with the terms of his contract. Contracts with Married Women. — The domestic relations law gives married women the right to make contracts and to receive compensation thereon. By 'Whom Employed. — Teachers must be employed by the trustees of the districts or by the board of education. A school district meeting cannot direct what teachers shall be employed. 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 employed by such trustees unless such action is approved by two-thirds of the voters of such district 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 related by blood or marriage to any member of the boaxd, 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 stated above, and the saine trustees or board of education desire to employ such teacher for the next ensuing year, it is not neces- sary 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 TEACHERS QUALIFICATIONS, ETC. 2CI be for a specific time. A trustee cannot legally employ a teacher for " as long as her work is satisfactory." The sole trustee of a district may not contract for the em- ployment of a teacher for a period extending beyond his ter.ii of office. A teacher employed contrary to these provisions 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 zvrittcn contract. This contract must be signed by the trustee or trustees or some person authorized by said trustee or trustees to represent them. This contract should show the agreement between the trus- tees and teacher in relation to the period of employment, the amount of compensation, 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. The burden of establishing a verbal contract is generally on the teacher. In a district having rrore than one trustee, the contract must be made by a majority of such trustees and at a meeting regu- larly held. The contract is not legal if the consent of the trus- tees is obtained separately and not at a meeting properly con- vened. A contract made by one trustee when duly authorized to act as the agent of the other trustees of the district is binding. 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 of employment. A contract cannot legally be made providing that a teacher shall not be paid until the end of the term. A contract providing that a teacher shall not be paid as often as at the end of each calendar month is not 202 NEW YORK SCHOOL LAW binding, and such teacher can insist upon payments being made at the end of each calendar 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 contract prepared by the Education Department 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 super- visor of the town and on the collector or treasurer of the district in payment of teachers' salaries. The law also makes it a mis- demeanor 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 officers 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 authorities, owing to the prevalence of a contagious disease, or when the school-house has been destroyed 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 compen- sation for such time. When a trustees refuses to pay a teacher for such time, the remedy for the teacher is to appeal in proper form to the Commissioner of Education. Dismissal of Teachers. — A teacher cannot be dismissed during a term of employment except for reasons which the Commis- sioner of Education would consider sufficient if brought before TEACHERS QUALIFICATIONS, ETC. 203 him upon appeal. Breach of contract, neglect of duty, immoral conduct have each been held to be sufficient reasons. Whenever a teacher is dismissed by a board of trustees with- out sufficient cause, he should hold himself in readiness to com- plete 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 dismissed. If a teacher acquiesces in the action of a board of trustees in dismissing him, he is not entitled to com- pensation for the portion of the term which he failed to teach on account of such dismissal. A board of trustees may dismiss a teacher without cause upon paying such teacher full compensation for tlie 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 Commissioner of Education. 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 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 Commissioner of Education. 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 connection with the enforcement of the com- pulsory-attendance law. Teachers are responsible for the safe keeping of these records and should deliver them upon the close of their term of engage- ment to the clerk of the district. Verification of Records.— Teachers are required to make affi- davit to the correctness of the register kept by them. This 204 NEW YORK SCHOOL LAW 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 correctness of the register for the period for which payment is made. Rules and Regulations for Teachers. — A board of trustees may prescribe general rules for the management of the school. When such rules have been adopted, it is the duty of teachers to enforce them, and so far as they affect the teachers themselves to comply with them. The members of a board of trustees have no authority to enter the schoolrroom 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 inter- mission of ten or fifteen minutes is given each half-day session. The board of trustees of a district n:ay, however, designate other hours during which the school shall be in session. If these hours are reasonable, it is the diity of teachers to conduct school during the hours designated. If unreasonable hours are designated by a board, the Commissioner of Education 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 trustees 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 teachers' qualifications, etc. 205 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 salary due him which has not been paid. He may also apply to the court having jurisdiction for a wTit of man- damus compelling the trustees to pay the salary to which he is entitled. These metliods are expensive 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 Commissioner of Education who has power to direct such payments and to enforce his decision. Wearing Religious Garb. — There is no statute law in this State regulating the dress which shall be worn by teachers. The general influence upon the school system of teachers wearing a religious garb has been brought by appeal before the State Department in tw^o 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 indicating 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 influence over the minds of children than the repetition of the Lord's Prayer or the reading of the scriptures at the opening of the schools, and yet these things have been prohibited 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 im^:edded 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 eflficiency." (D. 3520.) In deciding an appeal from the action of the Board of Educa- tion of West Troy School District (now Watervliet), involving the same point. Superintendent Skinner held as follows : 2o6 NEW YORK SCHOOL LAW I therefore concur in the opinion of my predecessor in office, viz., that the teachers in the public schools of the State ought not to wear the distinctive garb of any religious denomination, order, sect, or society, out 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 discontinued 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 directly 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 complete and actual severance of secular and religious instruction, the private school is open. I also decide that it is the duty of the respondents to require 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 directed the Board of Education of Watervliet to notify and require all teachers employed in that city and wearing a religious garb to discon- tinue the use of such garb. The board was also directed, in case any such teacher should refuse or fail to comply with such requirement, to dismiss such teachers from employment in the public schools of the city of Watervliet. An order was also issued by the State Superintendent prohibiting the County Treas- urer from paying the money apportioned to this city until directed to do so by the Superintendent. (D. 4546.) The Court of Appeals held that the decision of the State Superintendent on this question was in effect a regulation which he was authorized to make and that the prohibitive order was" in accord with the public policy of the State as declared in sec- tion 4, article 9 of the Constitution. (184 N. Y. 421.) 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 sub- TEACHERS QUALIFICATIONS, ETC. 207 stitute 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 determined solely by the trustees, if the illness of a teacher is continued for a long period, and there is not reasonable hope of sufficient recovery 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 ag- grieved, she may appeal from the action of the trustees to the Commissioner of Education. Authority Over Pupil. — There is no provision in the edu- cation law defining the authority which a teacher has over the pupils under his charge. The decisions of the courts and the rulings of the Commissioner of Education 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, extends 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, 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 and the Commissioner of Education have taken this view. Superintendent Draper held that the authority of the teacher was not absolute during the noon recess, and that a pupil pes- 2o8 NEW YORK SCHOOL LAW sesses 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 ques- tionable. 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 of the school it is the duty of teachers to keep within the bounds of such regulations. Employment of Teachers in Cities and Districts of 5,000 Population. — On January i, 1897, the provisions of chapter 103 1 of the Laws of 1895 went into operation. These pro- visions are now incorporated in section 551 of the Education Law and relate to primary and granunar 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 a city or district of 5,000 or more in this State authorized to employ a superintendent of schools must possess one of the three fol- lowing qualifications : First. — Such teacher must hold a diploma issued by one of the normal schools of this State or a life State certificate issued by a State Superintendent of Public Instruction or by the Commis- sioner of Education. 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 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 ap~ TEACHERS QUALIFICATIONS, i-TC. 209 proved by the Commissioner of Education. Sucli teacher must also have completed subsequent to such graduation a course of not less than two years in a school or class for the professional training of teachers, and must hold a certificate issued by the proper local authorities. Such profes-sional course must also be approved by the .Commissioner of Education. These require- ments now apply to districts of 5,000 population or more. Suspension of Pupils. — There is no provision of law defining definitely the right to suspend a pupil from attendance upon school. This subject Las been a question for the judicial con- sideration 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 con- sider 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, 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 management, and such board may there- fore 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 held that pupils between the ages of eight and sixteen years who are required to attend upon instruc- tion 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 required under the compulsory education act. Public opinion supports the theory that schools are established 2IO NEW YORK SCHOOL LAW 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 the proper au- thority to expel a pupil from attendance 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 author- ities provide a place where such pupil may attend upon such instruction. A pupil havmg a contagious disease is not in a proper phys- ical condition to be required to attend upon instruction, and may, during the continuance of such disease, be denied school privileges. 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 de- praved that their association with other pupils would contam- inate such pupils may be expelled from public schools. If such pupils are between eight and sixteen years of age and are re- quired to attend upon instruction under the compulsory atten- dance 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. The Penal Law 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 provisions of the Education Law, a board of trus- tees of a common school district, or a board of education of a union free school district, possesses the authority to prescribe rules and regulations for the government of a school. When a board of trustees or a board of education adopts a regulation providing that corporal punishment shall not be inflicted, a teacher has no legal authority to resort to that mode of punish- TEACHERS QUALIFICATIONS, ETC. 211 ment. If a board of trustees or a board of educatior, should adopt a regulation of this kind, and a teacher, ,n violation thereof, should inilict corporal punishment upon a pupil, such teacner would be committing an assault and subject to the penalties provided by the Penal Law. In the absence of a regulation of this kind having been.adopted by a board of trustees, a teacher may, under the protection of the Penal Law, inflict corporal punishment, providing such punish- ment IS reasonable and moderate m degree. In inflicting this mode of pnn.shment, a teacher should give full consideration to the gravity ot the offense, the general eft'ect of such offense upon the school, the temperament and the other physical condi- tions of the pupil. Cases of school discipline are rare in which teachers should finally resort to this extreme if not barbarous mode ot punishment. Control of School Papers, Athletics, etc.-It is within the legal power ot school authorities to control the management and publication of papers published by the pupils of a school as a school paper. Commissioner Draper held in September, 1004 m he Monticello case, that a publication standing for a school' and appealing to the constituency of that school on that ground ■s not a private or personal affair but a public affair, and as such IS subject to the school authority of the district which it [heT'd- 7"1 C°-"-^-"- -■- -stained the principal and the board of education in suspending a pupil i„ charge of a school paper who refused to be governed by the rules prescribed paper. (See decision 5142-Report for 1905.) School authori- ties undoiAtely possess the same supervision over school organ- izations of a literary character or over those for the purpose of promoting athletics. purpose ot FIRE DRILL [Article 28] Duty of Principal, etc.-Each principal or other person in charge of a puhhc or private school or other edKcaticI^ial insti 212 NEW YORK SCHOOL LAW tution, having more than IQQ 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 dismissals must be held as often as at least once each month. Penalty. — Any principal or other person failing to perform the duty required in above paragraph is guilty of a misdemeanor, punishable at the discretion of the court by a fine not exceeding $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 hand-book prepared for the guidance of teachers. TEACHER'S CONTRACT I, of count}' of , a duly qualified teacher, hereby contract with the board of trustees of District No , town of , county 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 compensation, pa3'able at the times herein stated. Said board of trustees reserve the right to provide for a vacation or vacations of not more than weeks in the aggregate during said term. Dated ., » •......, i , Teacher. 1 I Trustees. J This contract should be executed in duplicate and one copy thereof given to the teacher and one retained by the board. REVIEW QUESTIONS 213 REVIEW QUESTIONS What certificate must a teacher hold to be qualified to teach in a supervisory district? In a city? How old must a person be before being eligible to receive a teachers' certificate? How are State certificates issued ? What rights do they confer ? Explain the difference between 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 normail 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 are eligible 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 teaching also? Explain the value of kindergarten cer- tificates. Vocal music certificates. Elementary and academic 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 superintendents required to issue certificates to candidates 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 Commissioner of Education ind maorse What is the effect of such indorsement? What certificates are super- intendents required to indorse? When may a superintendeni withhold his indorsement? What is the effect of such indorsement? W"hat is the ruling of the Commissioner of Education in relation to the ngnt of a teacher to contract who holds a certificate subject to indorsement? What is the remedy for a person holding such certificate when a superin- tendent refuses to endorse 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 employed, for their salaries ? What is the penalty for wilfully employing an unqualified teacher? What authorities may revoke a teacher's certificate? What certificates may the Commissioner of Education revoke? A district superintendent? Upon what grounds may the Commissioner of Education revoke a cer- tificate? For what one cause may a district superintendent revoke a certificate? What is the duty of a district superintendent when charges against the moral character of a teacher have been piesented to him? To what rights is a teacher thus charged entitled at a hearing? Why cannot a district superintendent revoke a certificate for deficiency in scholarship or for inability to govern or manage a school? Who is the 214 NEW YORK SCHOOL LAW only authority to revoke a certificate 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 education law provide teachers' certificates may be revoked? For what causes have State Superintendents held certificates may be revoked? 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 subject to suit for damages for failing to complete a contract? May married women contract? By whom are teachers employed? Can a district meeting direct what teachers shall he 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 ensuing year without second approval of district or board? What is the shortest period for which a trustee .may employ 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 lor a period beyond the current school . year ? What remedy has a teacher employed 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 Tiot 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 provision 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 dis- REVIEW QUESTIONS 215 missed 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 authority to prescribe rules for the government of a school? When such rules have been adopted what i*s the duty of the teacher in relation thereto? May trustees enter a school room and direct tlie enforcement of such rules ? Does the law define the school hours? What are the usual hours? May other hours be fixed? Who possesses th*^ authority to fix these hours? If unreasonable hours are designated what is the relief? May a teacher close a 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 performing this work? In what two ways may a teacher bring an action in a 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 Superintendent Skinner pass upon the question ? In what case ? What was his decision? What further action in this case did Super- intendent Skinner take on May 15, 1897? 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 employment of such substitute? Under what conditions, in a case of this kind, may a trustee declare a teacher's contract void? What remedy has a teacher for unfair treatment 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? Are these decisions safe guides for the present? What is the modern view of courts and of 2l6 NEW .ORK SCHOOL LAW judicial departments upon this question? What has been the uniform ruling of the State Department? Explain the ruling of Superintendent Draper in relation to the authority of a teacher over a pupil during the noon recess. The right of a teacher to retain pupils after the regular school hours. How is the authority of a teacher restricted in this matter? What legal effect has the regulations of a board of trustees upon the teacher's power? To what schools do the provisions of Section 551 of the education law relate? How did this law effect those who were employed at the time it went into operation? When did it go into operation? Name each of the three qualitications, one of which must be possessed to be employed in a school under this lavv" ? By what authority has the subject of suspensions 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 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 com- pulsory attendance act effect 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? What is the general rule controlling school papers, athletics, scnooi societies ^rc. CHAPTER XX INDUSTRIAL EDUCATION. [Article 22.] Schools Which May be Established.— Under the industrial education law the following schools may be established: 1. General industrial schools. These are also called voca- tional schools. 2. Trade schools. 3. Schools of agriculture, mechanic arts and home making. Under this class of schools it is intended that special courses in agriculture shall not only be established for boys but that special courses in home making shall be established for girls. 4. Part-time or continuation schools. These schools_ are to afford instruction in the trades and in industrial, agricul- tural and home-making subjects for children who are regu- larly and lawfully employed during a part of the day. It is intended that the school work shall be supplementary to the practical work which the children attending such schools perform in their regular employment. 5. Evening vocational schools. These schools are to afford instruction in the trades and in industrial, agricultural and home-making subjects for children regularly and lawfully em- ployed during the day, and also for all women who are ern- ployed in any capacity during the day. The instruction in these schools is to supplement the work which those attend- ing such schools perform during the day. Where Such Schools May be EstabHshed.— Such schools may be established in any city of the State and in any union free-school district. A common school district may also establish a course in agriculture, mechanic arts, and home-making when authorized bv district meeting. By Whom Established. — In a city any of such schools may be established by the board of education. If a city has no board of education such schools may be established by the officer having the management and supervision of the public school system. Such board or ofhcer may establish as many of each of the different classes of such shcools as the interests of the city require, providing the municipal authorities furnish tiie necessary funds therefor. Tn a union free-school district the people must vote upon the 2l8 NEW YOEK SCHOOL LAW. establishment of any of such schools at a district meeting. If a meeting authorizes the organization of any of such schools it becomes the duty of the board of education to establish them. Who May Attend Such Schocls. — Pupils who have com- pleted the elementary school course or those who have not completed such course but who are fourteen years of age may enter general industrial or vocational schools. Part-time or continuation schools are open to all children over fourteen years of age who are lawfully employed during a part of the day. Evening vocational schools are open to pupils over sixteen years of age legally employed during the day, and to all women employed in any capacity during the day. Pupils who are sixteen years of age and who have completed either the elementary school course or a course in an industrial or vocational school or have met such other requirements as the local school authorities have prescribed may enter trade schools. Pupils who have completed the elementary school course or those who are fourteen years of age or those who satisfy such other requirements as the local school authorities prescribe may enter agriculture schools or home making schools. Authority Over Such Schools. — The board of education in a city or in a city not having a board of education the officer having the management and supervision of the public schools and the board of education in a union free-school district have respectively the same power and authority over the manage- ment and control of such schools and the teachers and other employees therein as such board or officer has over the other public schools and teachers under their direction. Such boards or officer are particularly charged with the power and authority : 1. To employ competent teachers or instructors. 2. To provide proper courses of study. 3. To purchase or acquire sites and grounds and to pur- chase, acquire, lease or construct and to repair suitable shops or buildings and to properly equip the same. 4. To purchase necessary machinery, tools, apparatus and supplies. State Aid. — The amount apportioned by the Commissioner of Education to a city or district for maintaining one of these IKDUSTRIAL EDUCATION 2^9 schools is a sum equal to two-thirds the salary paid the teacher employed, but such sum shall not exceed one thousand dollars. To entitle a district or city to share in State funds it must meet the following requirements: 1. Maintain an independently organized school for a period of at least thirty-six weeJcs. This does not necessarily mean that such school shall be in a building separate from the legular public school building. 2. There must be an enrollment of at least fifteen pupils. 3. A course of study approved by the Commissioner of Education must be maintained. 4. One teacher must be employed who devotes his time exclusively to the work of such school. A city or district is also entitled to receive an additional sum of one-third the salary paid to each additional teacher employed who also gives his whole time to the work of such school for a period of thirty-six weeks. When the district makes a contract with a teacher for the entire year and such teacher is employed for that period, the Commissioner of Education shall make an additional apportionment to such city or district of the sum of two hundred dollars, but the total amount apportioned in each year on account of each teacher employed shall not exceed one thousand dollars. The law explicitly provides that manual training high schools shall not be allowed to participate in this apportion- ment of funds. Pro Rata Apportionment. — If a city or district shall main- tain a school or employ a teacher for a shorter period than thirty-six weeks the Commissioner of Education may in his discretion apportion to such city or district an amount pro rata to the time such school was in session or such teacher was employed. Application of State Funds. — All funds apportioned to a city or district for the maintenance of these schools must be used exclusively for the support and maintenance of such schools in such city or district. Annual Estimates and Appropriations. — The board of edu- cation in a city or in a city not having a board of education the officer having the management and supervision of the public schools is required to file a written itemized estimate of the expenditures for the maintenance of any of these schools and the estimated amount the city will receive from the State ap- plicable to the support of these schools. Such estimate must 220 NEW YORK SCHOOL LAW be filed with the common council of the city within thirty days after the commencement of the fiscal year of such city. The common council may give a hearing to any person so desiring and shall then adopt such estimate, after deducting therefrom the estimated amount from the State applicable to the support" of such schools. The common council' may by a two-thirds vote reduce the amount of an item or reject an item. The amount of such estimate adopted by the common council sha'l be levied and assessed by tax upon the taxable property of the city at the time and in the manner thar other taxes for school purposes are raised. The board of education in a union free-school district which maintains one or more of these schools should include in the estimate of expenses for the ensuing school year which it sub- mits to the annual meeting the amount required to maintain these schools after deducting the amount apportioned to the district for the support of such schools. Such amount must be raised at the same time and in the same manner that other taxes for school purposes in such district are raised. Advisory Board. — Cities maintaining any of these schools are required to appoint an advisory board. Union free-school districts do not have such advisory board. This board is ap- pointed by the board of education or in a city having no board of education by the officer having the management and super- vision of the public schools in such city. Such advisory board shall consist of five members and shall represent the local trades, industries and occupations. When such board is first appointed the terms of two of such members shall be for one year and' the terms of three shall be for two years. Thereafter as the terms of such members expire the vacancies caused thereby shall be filled for a full term of two years. Any other vacancy on such board shall be filled for the remainder of the unexpired term. The member? of thj> board are to advise and counsel witl- REVIEW QUESTIONS 221 the members of the board of education or other officer exer- cising similar powers in relation to their duties to such schools. Courses for Training Teachers.— The Commissioner of Edu- cation is authorized to approve courses in the State agriculture schools at Alfred university, St. Lawrence university and at Morrisville for the training of teachers in agriculture, mechanic arts, domestic science or home making. When such approved courses are maintamed such schools are entitled to receive an apportionment from State funds on the same basis that an ap- portionment is made to union free-school districts for main- taining an industrial or agriculture school. The Commissioner of Education may prescribe regulations under which the gradu- ates of such approved courses may be licensed to teach like special courses in the public schools. REVIEW QUESTIONS What schools may be established under the industrial education law? Where may such schools be established? By whom may they be estab- lished in a city? What action must be taken to establish them in a union free-school district? Who may attend general industrial or voca- tional schools? Trade schools? Schools giving agriculture or domestic economy courses? What general authority has the board of education over such schools? Name four specific duties which the law confers on a board in relation to these schools? What is the amount of State aid apportioned for the maintenance of one of these schools? Name four requirements which a city or district must satisfy to be entitled to State aid. What amount is allowed by the State for each additional teacher? Illustrate the apportionment of funds. Are manual training high schools allowed to participate in this apportionment of State funds? What pro rata allowance may be apportioned? By whom? How must State funds obtained be used? What estimate must be filed for main- tenance of these schools in a city? By whom? With whom? Where? How may this estimate be reduced or an item rejected? How is the amount adopted raised? Explain how an estimate is submitted in a union free-school district and the amount raised. Where advisory boards appointed? By whom? How many members? What is the full term? How are vacancies filled? What should these members of such board represent? What are their duties? In what institutions may training courses for teachers be established? What courses? Who approves such courses? What certificates may be granted and in what manner? What allotment of State funds made? CHAPTER XXI COMPULSORY EDUCATION LAW [Article 2^,] 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 which was incorporated in the consolidated school law and is now article 23 of the education law."*" Terms Defined. — The terms ''school authorities" and ''per- son 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 duties are the same as those of trus- tees 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, wher- ever 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 standing in such capacity, whether one or more. *A law taking effect September i, 1904, provides for the compulsory education of Indian children on the Indian reservations. This law is modeled after the general compulsory education law and is quite similar to it in all respects. See Article 27 of the education law. COMPULSORY EDUCATION LAW 223 *Who Shall Attend Upon Instruction. — i. Every child within the compulsory school ages, in proper physical and mental cot]dition to attend school, residing in a city or school district having a population of five thousand or more and em- ploying a superintendent of schools, shall regularly attend upon instruction as follows: (a) Each child between seven and fourteen years of age shall attend the entire time during which the school attended is in session, which period shall not be less than one hundred ar.d sixty days of actual school. (b) Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service, and to whom an employment certificate has not been duly issued under the provisions of the labor law, shall so attend the entire time during which the school attended is in session. 2. Every such child, residing elsewhere than in a city or school district having a population of five thousand or more ai.d employing a superintendent of schools, shall attend upon instruction as many days annually between the first day of October and the following June as the public school of the district in which such child resides, shall be in session during such period, as follows: (a) Each child between eight and fourteen years of age. (b) Each child between fourteen and sixteen years of age not regularly and lawfully engaged in any useful employment or service. Attendance Upon Evening Schools. — Every boy between fourteen and sixteen years of age in a city of the first class or a city of the second class who is in posses- sion of an employment certificate issued under the pro- visions of the labor law and who does not hold either a certificate of graduation from the public elementary school or a certificate of the completion of an elementary school course issued by the Commissioner of Education, or a Regents' pre-academic certificate, must attend the public * The attendance law was amended by the Legislature of 1913 by requir- ing all children within the compulsory a^es to attend school in the city or district in which they reside during ^the full time that the schoola of such districts or city are in session. 224 -^EW YORK SCHOOL LAW evening schools of such city, or other evening schools offering an equivalent course of instruction. Such attendance must be for a period of not less than six hours each week -for at least sixteen weeks each year. Attendance upon a trade school tor eight hours per week for sixteen weeks in a year will also be accepted. Where Children May Attend Upon Instruction. — This law does not prescribe that children shall attend public schools, it provides that they shall attend uroii instruction. Such attend- ance upon 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 instruction given must be sub- stantially the saxe 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' attendance shall be the same as that required in the public school of the district in which such chil- dren reside. No greater allowance for holidays, vacations, etc., shall be made upon such attendance than is allowed in the public schools of the district in which such children reside. Duty of Parents, Guardians, etc. — The law makes it the dutv of every parent, guardian, or other person standing in parental relation to a child or children between the ages of seven 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. Parent or Guardians 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 instruc- tion as required by law is guilty of a misdemeanor. For the first offence, a fine not exceeding $5 or i :Tprisonment for five days may be imposed. Each subsequent offence is punishable by a fine not to exceed $50. or by imprisonment not to exceed thirty days, or by both such fine and imprisonment. No pro- vision having been made by this act as to what should be done COMPULSORY EDUCATION LAW 225 with a fine in this case, it lias been held that it should go, when paid, into the county treasury. School Record Certificate. — A school record certificate must be issued on demand to a child who upon due investigation and examination may be found to be entitled thereto or to the board, department or commissioner of health. Such certificate must certify that the child has regularly attended the public sc'nool or schools equivalent thereto, or parochial schools, for not less than 130 days during the twelve months next pre- ceding his fourteenth birthday or during the twelve months next preceding his application therefor and has completed six years of the elementary course of study. The certificate must also give the date of birth and residence of the child as shown on the records of th- school and the name of the child's parent, guardian or custodian. The authority to issue such certificate is as follows: 1. In a city of the first class by a principal or the chief execu- tive officer of a school. 2. In all other cities and in school districts having a popu- lation of 5,000 or more and employing a superintendent of schools, by the superintendent of schools only. 3. In all other school districts by the principal teacher of the school. Evening School Certificate. — A boy who has been in attend- ance upon an evening school six hours each week for such number of weeks as will when taken in connection with the number of weeks such evening school will be in session during the remainder of the current or calendar year, make up a total attendance of six hours each week for sixteen weeks for such boy, is entitled to an evening school certificate. Attendance upon a trade school for eight hours per week for a period of sixteen 2?6 NEW YORK SCHOOL LAW weeks shall also entitle a boy to such certificate. Such certificate must be issued by the school authorities or officers designated by them at least once in each month during the months such school is in session and also at the close of the term. The cer- tificate must show the actual attendance of such boy upon the evening or trade school. Employment Certificate and Evening School Certificate Must be Displayed. — The employer of every child between the ages of fourteen and sixteen in a city of the first class or a city of the second class must keep and must display where such child is employed the employment certificate issued such child by the health authorities and the evening school certificate issued by the school authorities. Unlawful Employment of Children. — It is unlawful for any person, firm, or corporation to employ any child under the age of fourteen years for any purpose any part of the term during which the public schools of the district in which such child resides are in session. It is also unlawful to employ any child between fourteen and sixteen years of age in a city of the first or second class who does not present an employment certificate duly issued under the labor law. It is also unlawful to employ in a city of the first class or of the second class any child between fourteen and sixteen years of age in a factory, or mercantile establishment, business or tele- graph office, restaurant, hotel, apartment house, or in the distri- bution or transmission of merchandise or messages, who has not an employment certificate issued under the labor law or to employ such child in any other capacity who does not at the time of employment present a school record certificate. Penalty for Unlawful Employment. — Any person, firm, or corporation or any officer or employee acting therefor who em- ploys any child in violation of the compulsory education law shaii be guilty of a misdemeanor and the punishment for the first offense shall be a fine of not less than twentv dollars and not COMPULSORY EDUCATION LAW 227 more than fifty dollars ; for the second offense and each offense thereafter a line of not less than iifty dollars and not more than two hundred dollars. This tine shall be paid to the treas- urer of the city or village or to the supervisor of the town in which the oft'ence 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 attend- ance of all children between the ages of seven 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 attend- ance upon instruction must also be kept of children who do not attend public or private schools, but who are instructed at ho.r.e. These records must at all ti.:ies be open to the inspection of an attendance officer or other person appointed by the school authorities of the city, district or Commissioner of Education. Teachers must also answer all reasonable 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 principal 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 incorporated village, the school authorities of such city or district shall appoint as many attendance officers as such board shall deem necessary for the proper enforcement of this attendance act. Such board may also at any time remove such attendance officers. Boards must also fix the compensation of these officers, define their duties, and establish rules and regu- lations for their guidance. The supervision and enforcement of 2 28 NEVv YORK SCHOOL LAW this act is 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 at- tendance 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 districts except those mentioned in the preceding paragraph. A town board in appointing attendance 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. Attendance officers appointed by town boards must be ap- proved by the district superintendent having jurisdiction. A district superintendent may also remove an attendance officer. A trustee can legally hold the position of attendance officer. The Commissioner of Education has ruled that as ^he 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. If non-resident pupils are tardy or absent, school authorities should report the same to the school and attendance officers of the district in which such non-resident pupiils reside. All pupils are subject to the authority of the school officers and attendance officers of the district in which tlicy reside. Arrest of Truants. — Attendance officers have authority to arrest at any time, without warrant, any child between seven and sixteen years of age who is then a truant from instruction upon which such child is lawfully required to attend. In case any child is thus arrested, the attendance officer must forthwith take such child 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 at- tendance officer to report the disposition rr.ade by him of the COMPULSORY EDUCATION LAW 229 child, to the school authorities of the district where such child was required to attend school. A truant officer in the performance of his duty has tne au- thority to enter during business hours a factory, mercantile or other establishment and examine the employment certihcates and registry of children employed therein. 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 attendance; 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, the school authorities or the superintendent of schools may commit such child to a truant school ; or in a private school, an orphans' home, or similar insti- tution controlled by persons of the same religious faith as the persons in parental relation to the child, for a period not to exceed two years. No child can be committed after he is sixteen years of age. If the persons in parental relation to the child refuse then- consent, the child may be proceeded against as a disorderly per- son, and, upon conviction, must be sentenced to be confined and maintained for the remainder of the current school year either in a truant school or in a private school, an orphans' home, or similar institution. No persons convicted of crimes or misdemeanors other than truancy can be committed to any truant school. No truant can be committed to a penal institution. Expenses of Commitments— Where Chargeable.— The city or district employing a superintendent of schools must pay the 230 NEW YORK SCHOOL LAW expense attending 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 in- dustrial training must be furnished. Excuses for Absence and Tardiness Required. — The State Commissioner of Education has ruled that the person in parental relation to every child subject to the provisions of the compulsory attendance law may be required to furnish a satisfactory explana- tion for absence or tardiness, and has held that sickness of the child, sickness in the family requiring the services of the child for a day or two until other help may be obtained, severe storm or impassable roads, contagious disease in the family or the community where child resides, days set apart for religious observance, or death in the family, shall be deemed the only ordinary excuse for such absence or tardiness. Assistants. — The Commissioner of Education has authority to appoint as many inspectors for the enforcement of this law as he shall deem necessary provided the legislature has made pro- vision for the payment of their salaries. The attendance division has general charge of this work. Withholding State Funds. — The Commissioner of Education 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 exercised, due notice must be given to such city or school district authori- ties. When such city or district complies, within a period of twelve months after such money was withheld with any provision of law which may not have been enforced, and for non-com- pliance with which any money has been withheld, the Commis- sioner of Education shall pay over to the authorities of such city or district the amount so withheld. COMPULSORY EDUCATION LAW 23 1 EMPLOYMENT OF CHILDREN IN STREETS [Article 3 of the Labor Law] Authority to Enforce. — The pohce officers, and the attendance officers appointed by the board of education, in cities of the first and second class are peace officers under this law and are charged with the duty of the enforcement of such law. Prohibited Employment of Children in Street Trades. — No boy under ten and no i^irl under sixteen years of age has a legal right in any city of the first, second or third class to sell or expose or offer for sale newspapers, magazines or periodicals in any street or public place. No boy under fourteen years of age has a legal right to sell or expose or offer for sale such articles unless he has received a permit and badge authorizing him to engage in such . employment. No boy having such badge can be employed in such business before six o'clock in the morning or after ten o'clock in the evening. Issuance of Permit and Badge. — Such permit and badge are issued by the superintendent of schools of the city or school dis- trict in which such child resides, or by such other officer of the board of education as such board may designate. The applica- tion for such permit and badge must be made by the parent, guardian or other person having the custody of the child desir- ing it. If the child has no such relative the application must be made by the child's next friend, being an adult. Before an authorized officer issues such badge he must have received, ex- amined and placed on file in his office satisfactory proof that such boy is of the age of ten years or upwards. He must also have a written statement of the principal or chief executive officer of the school which such boy is attending, that he is an attendant at such school, that he is of the normal development of a boy of his age and physically fit for such employment and that he approves of the granting of such permit and badge to such boy. List of Boys Receiving Permit and Badge. — Principals and chief executive officers of schools must keep a complete list of 232 NEW YORK SCHOOL LAW all children in their schools to whom a permit and badge have been issued. Contents of Permit and Badge. — The permit must show the date and place of birth of the child, the name and address of its parent, guardian, custodian or next friend as the case may be. It must describe the color of hair and eyes, th-e height and weight, and any distinguishing facial mark of the boy receiving it. It must also state that the preli:riinary papers requisite to its issuance have been duly examined and filed and that the boy named in such permit has appeared before the officer who issued it. The badge shall bear on its face a number corresponding to the number of the permit and the name of the child. The boy must write his name on the reverse side of the permit and badge in the presence of the officer issuing it. Regulations Concerning Badge and Permit. — The badge must be worn conspicuously at all times by the boy while so working and he shall exhibit the same upon den:and at any time to any police or attendance officer. No badge or permit may be trans- ferred. All permits and badges expire annually upon the first day of January. The color of ,the badge must be changed each year. No permit or badge is valid except during the period in which the proof and written statement requisite to its issuan,:e shall remain on file nor are they authority beyond the period fixed therein for their duration. REVIEW QUESTIONS When was the present compulsory attendance law enacted? What compulsory act preceded this? Why was it not enforced? Defir.e " school authorities," " persons in parental relation to a child." Into how many classes in respect to age may children be arran-^el who are required to attend upon instruction ? Define each class. Why is the term "attend upon instruct'on " used instead of ''attend school'" What period of in'-~truction is rpqui'ed of each clnss? What must be the character of the attendance? When must children between 14 and 16 years of age atterd upon instruction? I^.Iust the attendance be at a public school? Where may it be? Where children are instructed eleswhere than REVIEW QUESTIONS 233 at a public school, what must be the character of such instruction? The daily period of instruction? What about allowance of holidays, etc. What is the duty of persons in parental authority? When is a parent or guardian guilty of a misdemeanor ? What is the penalty for the first offence? Each subsequent offence? When fines are collected to whom should they be paid? What must a school record certificate show? By whom is it issued? When is a boy entitled to an evening school certificate? By whom are such certificates issued? How must zii<^ii ceriificaie be displaced? When is it unlawful to employ children under 14 years of age^ 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 ci children required to keep such record? To whom should this record be open to inspection ? What is the penalty imposed upon teachers who refuse to answer reasonable inquiries relative to such records f' For what school districts do the school authorities appoint attendaix:e 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? For what districts may town boards appoint attendance officers? How many? Who fixes their compensation? What is their jurisdiction? May town boards in appointing such officers limit their jurisdiction to certain school districts? Are trustees eligible 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 truart?* After such arrest what report must the attendance officer make? To whom? How may truant schools be established? What three classes of pupils may be confined in such schools? What power have school authorities to contract for the confinement and main- tenance 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 tne expense ot 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 Commissioner of Education as to what constitutes a satisfactory excuse for absence or tardiness? What help may the Commissioner of Education employ to assist in enforcing this law? When may the Commissioner of Education withhold public money from a district? What portion may be withheld? What action must be taken first? When must the Commissioner of Education pay over moneys thus withheld ? 234 NEW YORK SCHOOL LAW Who are charged with the duty of enforcing the law relative to employ- ment of newsboys? What are the prohibitive ages of employment? On what conditions may a boy between lo and 14 years of age be employed? Between what hours can he not be employed? By whom are permits and badges issued? By whom must the application be made? What written statement must be first obtained ? Who is required to keep a list of boys receiving them ? State fully contents which permit must contain? Badge? For what time are permit and badge valid? On what date do they expire? State fully the other regulations concerning them. CHAPTER XXII SCHOOL CENSUS* [Article 24] Census Board. — The mayor, the superintendent of schools and the police commissioner, or the officer performing the duties similar to those of a police commissioner, constitute a permanent census board in each city of the first class. The cities of the first class are New York, Buffalo and Rochester. Officers of Such Board. — The mayor is the chairman of such board. The board also has the power to appoint a secretary and such clerks and other employees as may be necessary and to fix their salaries. Census Required. — The census board has the power to pre- scribe regulations to make effective the census law and under such regulations the police commissioners are required to cause a census to be taken in their respective cities during the month of October, 1909. The census boards are required to obtain through the police force the residences and employments of all persons between the ages of four and eighteen years and to report thereon from time to time to the school authorities of their respective cities. After the census of October, 1909, was taken it was the duty of the census board to cause the same to be amended from day to day. It is the duty of the police to report daily, precinct by precinct, changes of residence which occur among the children between the ages of four and eighteen. The police should Hkewise report daily the names and addresses of all children between such ages who move into the city. The census board should therefore always have on file in its office a complete list of the names, addresses, occupations and persons in parental relation, of all persons between the ages of four and *By the Laws of 1914, Chapter 480, the City of New York is exempt from the provisions of the act requiring a census bureau for cities of the first class. A census bureau for New York City was established by the Laws of 1914, Chapter 479, in connection with the compulsory attendance bureau of the school system of that city. 236 NEW YORK SCHOOL LAW eighteen. While the law makes it the duty of the police to make daily reports and to take the permanent census required under the law, the census board may employ such enumerators or other help as may be necessary to carry into effect the pro- visions of the law. It should also be understood that while parents are required to report certain data to the police a failure on the part of parents to make such report does not relieve the police or the census board from obtaining this data. The burden of the enforcement of this law is placed v^rimarily upon the census board, and also upon the police, and this board and the police must obtain all information necessary to keep the census properly revised from day to day. Parents Required to Report. — A person in parental relation to a child is required to report at the police station house of the precinct in which he resides the following: 1. The name of each child, its residence, the name of the person in parental relation thereto and the name and location of the school such child is to attend at least two weeks before such child becomes of the compulsory school age. 2. The facts relating to the re ii oval of a child of compulsory school age from one school to another, for any cause whatever, and of a child. going to work in accordance with the provisions of the labor law. 3. The change of residence of a child from one police pre- cinct to another and such other facts relating to such child as required by the two previous subdivisions. 4. The residence of a child between four and eighteen who n^oves into such city and such other facts relating thereto as the" census board may require. School Census in Cities Not of the First Class. — A city not of the first class may establish a permanent census board in accordance with the provisions above outlined for such board in a city of the first class. If such board is for-^^ed in a city of another class the powers and duties of such board and of the SCHOOL CENSUS 237 police and the organization of such board are the same as in a city of the hrst class. If such cities did not organize a census board it was the duty of the school authorities in such cities to cause a census to be taken in October, 1909, and they should require one taken every fourth year thereafter. The inforaiation required under such census is the same as that required in cities of the first class. Cities which are not of the first class and which did not or- ganize a permanent census board in 1909 may at any time deter- mine to organize such board. The officers constituting such board have the power to determine on its organization. School Census in School Districts. — The board of trustees of every school district is required to take a census annually on the thirtieth day of August, of all children between the ages of five and eighteen years. The information required is the same as that required of cities. Withhold Information or Giving False Information. A parent, guardian, or other person having the control of a child between the ages of four and eighteen years who withholds or refuses to give information in relation to such child as required under the census law or a parent, guardian or other person in custody of a child who gives false information in relation thereto is liable to a fine not to exceed twenty dollars and imprison- ment not to exceed thirty days. Expenses of Census. — The expense involved in taking a census required under this law is a charge upon the city or school district for which it is taken. It is the duty of municipal authorities to appropriate or set apart sufficient funds for this work. The census board in a city should file annually with the proper municipal authorities an estimate of the amount required for such work. A board of trustees should include in its annual budget a sufficient amount for this purpose. Before any moneys shall be paid for services in taking a census a certificate must be obtained from the Commissioner of Education to the efifect that such census has been satisfactorily taken. 238 NEW YORK SCHOOL LAW REVIEW QUESTIONS Who constitute a census board? In what cities must they be organ- ized? Name all of such cities in the State. Who is chairman of the census board? What other officers does such board have? How are such officers chosen? Who fixes their salaries? What regulations may such board prescribe? In what year was a complete census to be taken? What officer was charged with this duty? What information is the census board required to obtain ? Through what officers is this information obtained? To whom must the census board make reports? Explain how the census of 1909 is to be amended. What is the duty of the police in this respect? What should the census office always contain? Must the census board rely solely upon the police to do the work required? If parents fail to perform their duty what is the duty of the census board ? To whom must parents make reports ? State the four points upon which they must report. Upon what cities is the organization of a census board discretionary? How is the organization of such board determined? How is the board constituted? What are the powers and duties of such board? If such board is not organized in these cities by whom is a census in such cities taken? When was the first census required? How often thereafter? What information must be obtained? When may these cities determine to organize a census board? Who are required to take a census in school districts? How often? On what date? What information must be obtained? What penalty IS prescribed for refusing to give or withholding any information required, or for giving false information? Who pays the expenses incurred in taking this census? How are the funds obtained in a city? In a school district? What certificate must be obtained before any of such expenses are paid by local authorities? CHAPTER XXIII STATE SOHOI.ARSHIP IN CORNELL UNIVERSITY AND STATE SCHOLARSHIPS UNDEE THE LAW OF 1913. [Article 40] Origin. — In 1862 Congress passed the National Land Grant Act, under the ^erms of which each State received thirty thousand acres of pubHc land owned by the United States, for each repre- sentative that she had in Congress. This land w^as donated by the national governir.ent to the States and Territories of the Union for the purpose of establishing colleges for the benefit of agriculture and ihe mechanic arts. New York State received by this Act nine hundred ninety thousand acres of land. The State legislature of 1863 enacted a law providing that the revenue derived from the sale of this land should be given, under cer- tain conditions, to the authorities of the People's College at Havana. The authorities of this college failed to meet the con- ditions prescribed by the Act of 1863, and the legislature of 1865 provided that the revenue derived from the sale of this land should be given to the authorities of Cornell University. This Act of 1865 provided, among other conditions, that Ezra Cornell should contribute unreservedly $500,000 to the author- ities of Cornell University, and that the University should re- ceive annually one State scholar free of tuition for each assembly district in the State. As Mr. Cornell contributed the amount specified, the revenue derived from the sale of this land was donated to the University. The amount realized by the State from the sale of this land was 8688,576.12. The legislature of 1895 enacted a law providing that this money should be placed under the control of the State, and that the State should pay annually to the trustees of Cornell University five per cent upon this fund. The University, therefore, receives annually $34,- 240 NEW YORK SCHOOL LAW 428. So. The State scholars in the University who receive free tuition include about one-seventh of the entire number of stu- dents attending the University, and the University receives from the State only $34,428.80, while the entire cost of maintaining the University is about one million dollars annually. Number of Scholarships. — The act creating State scholarships provided that State scholarships should be awarded annually for each assembly district in the State. At this time there are 150 assembly districts, and this is the bas"s on which appointments are now made. Each scholarship is valid for four years, and as 150 appointments are made each year, tlie State has 600 State scholars in Cornell University at all times. How Awarded. — Appointments to State scholarships are made by the Commissioner of Education, u.pon the result of co npetitive examinations held for that purpose, Albany county has three assembly districts and is entitled to three State scliolarships. The names of candidates who talie the examination for thi^ county are arranged in the order of their merit, which is deter- mined by their standing in the examination. The first three on the list are assigned to the scholarships for Albany county, irre- spective of the assembly districts in which they reside. The sam.e course is pursued in assigning appointments to all other counties. No person can be considered in awarding these scholar- ships who did not attend tlie required competitive examination. Competitive Examinations. — These examinations are held on the first Saturday in June of each year at the county seat of each county in the State. The district superintendents and the city superintendents jointly conduct the exanination for their respective counties. These examinations are under the super- vision of the Commissioner of Education, . and the questions used in such examinations are prepared under his direction. The subjects in which candidates are examined are designated by the president of Cornell University. These may change from year to year, but the general scope of the examination for each STATE SCHOLARSHIP IN CORNELL UNIVERSITY 241 year may be obtained by writing the Education Department for the annual circular issued from that affice. Eligibility. — To be eligible to enter a competitive examina- tion candidates must be at least sixteen years of age, must be residents of the State, and must have been in attendance upon some public school or academy of the State for at least six months during the .year iimr.ediately preceding the date on which such competitive examination is held. Attendance upon an institution registered as an academy under the regulations of the University of the vState of New York meets the require- ments of the law. Candidates must attend examinations in the county in w^hich they actually reside. Students of either sex arc eligible to these scholarships. Entrance Examinatior.G. — All candidates who receive appoint- ments but who do not hold credentials to admit them to the University, are required to take the regular entrance examina- tions at the University. A failure to take this examination or to o»btaxn a standing therein satisfactory to the University au- thorities forfeits ail right to tlie scholarship. Vacancies. — If a vacancy occurs in a State scholarship, it is the duty of the president of the University to notify the Com- missioner of Education of such vacancy. The Commissioner of Education should then assign to such vacant scholarship the person standing highest on the eligible list of candidates for the county to which such scholarship belongs. If there should be no person on tlie eligible list for such county, then the Co nmis- sioner of Education should appoint the person standing highest on the eligible list which is made up from all the counties of the State. The person receiving such appointment is entitled to the privileges of such scholarship for the remaining period of the four years for which it was granted. Scholarship Privileges. — The holder of a State scholarship is entitled to free instruction in any department of the University for a period of four years. 242 NEW YORK SCHOOL LAW Leave of Absence. — If a State scholar sliows to the satisfac- tion of the president of the University that it is necessary for him to leave the University to earn funds with which to iveet his living expenses while attending the University, the president n.ay, in his discretion, grant such leave of absence, and sucii State scholar will then be allowed six years from the date of entrance in the University in which to complete the course- THE 1913 SCHOLARSHIP LAW The Legislature of 1913 enacted a law providing for the appointment of 750 State scholars annually. These appoint- nients are made on the basis of five State scholars for each assembly district in a county. A county having three assem- bly districts is entitled to fifteen scholarships. These ai)point- ments must be made on the record made by students in Re- gents' examinations who have earned college entrance di- plomas. The student in a county having the highest average rating in these examinations is entitled to the first scholarship, and the other appointments are made in the order of the merit of the students as determined by their standing in the exam- inations for such diploma. As 750 scholars are appointed annually, and the scholarships are valid for four years, there will ultimately be 3000 of these State scholars. The student receiving an appointment as a State scholar is entitled to enter any approved college or university in the State, and may determine for himself the institution which he desires to attend. The State pays annually to each of these State scholars $100 in semi-annual payments of $50 each. (See Chap. 292, Laws 1913-) REVIEW QUESTIONS Explain fully the origin of State scholarships in Cornell University. How many scholarships are awarded each year' By whom are appoint- ments to these scholarships made? Explain fully how they are made. Explain fully how the competitive exam.inations are conducted. Who are eligible to enter these examinations? Where must candidates attend examinations? What is the ruling in relation to State scholars taking entrance examinations at the University? Explain how vacancies are filled in the University. What privileges does a scholarship confer? By whom may a leave of absence be granted to a State scholar? For what purposed CHAPTER XXIV STATE NORMAL INSTITUTIONS [Article s^] Historical Sketcho — There are ten State normal schools in the State and one State normal college. Their location and the dates on which they were established and opened are as follows : Estab- LocATioN lished Opened Albany State Normal College 1844 1844 Brockport 1866 1867 Buffalo 1867 1871 Cortland , 1866 1869 Fredonia 1866 1868 Geneseo 1867 1871 New Paltz 1885 1886 Oneonta 1887 1889 Oswego 1863 1863 Plattsburg 1889 1890 Potsdam 1866 1869 The first school at Albany was simply an experiment and was only temporarily established. It was made a permanent insti- tution in 1848. In 1890, this school was changed to the State Normal College. Since the establishment of these institutions about 26,000 students have been graduated therefrom. They are now attended by about 7,000 pupils annually and maintained at an annual expense of about one-half million dollars. The value of the property of these schools is more than $3,500,000. The Object. — The acts creating these schools state their estab- lishment to be " for the instruction and practice of teachers of comm.on schools in the science of education and the art of teaching." 244 NEW YORK SCHOOL LAW How Established. — Normal schools are established by special act of the State legislature. There is no general law providing for their creation. How Governed. — The Commissioner of Education has general supervision of these schools. Each school, however, has a local board, whose members are appointed for life by the Commis- sioner of Education. As vacancies occur, either by death or resignation, they are filled by appointment by the Commissioner of Education. The local board must consist of not less than three and not more than thirteen members. (The State Normal College board of trustees consists of five members.) The num- ber on each board varies, ranging from six to thirteen. Mem- bers of a local board can be removed by the joint action of the Commissioner of Education and the Chancellor of the University of the State of New York. A majority of the members of a local board constitutes a quorum for the transaction of business. Powers and Duties of Local Board. — i. The local board is required to establish rules and regulations for the general gov- ernment of the school under its direction subject to the approval of the Commissioner of Education. 2. The local board is required to make an annual report in such form and giving such information as the Commissioner of Education shall direct. This report is submitted to the State legislature through the Commissioner of Education. 3. Local boards are the custodians of the buildings and grounds of their respective schools and of all other property of the State pertaining thereto. 4. Local boards are authorized to appoint special policemen to protect the buildings and grounds and to preserve peace. These officers have power to arrest offenders. 5. It is the duty of local boards to supply these schools with necessary equipments and supplies. 6. Local boards may, with the approval of the Commissioner of Education, accept for the State money or property of any STATE NORMAL INSTITUTIONS 2.5 kind to be used for the general support of these schools as may be prescribed by the instrument making the gift. 7. Local boards employ and contract with the teachers em- ployed in their respective schools. 8. A local board has power to dismiss pupils. Principal. — The principal is the chief executive officer for the board and has the immediate supervision of all work pertaining to the management of the school and the instruction given therein. Powers and Duties of Commissioner of Education. — The Commissioner of Education is directed by law to appoint mem- bers of the local board, he determines the number of teachers to be employed and the amount of compensation to be paid the n, he approves the appointment of teacliers, and also prescribes the courses of study. He is also empowered to prescribe the conditions upon which pupils will be admitted to these schools, and to determine the number which may be admitted to each institution. Admission of Pupils. — To be admitted to a normal school, candidates must be at least sixteen years of age and must receive an appointment from the district superintendent of the super- visory district or from the superintendent of schools of the city in which such candidates reside. Candidates must present a diploma of graduation from, the four-years course prescribed by the Commissioner of Education for admission to normal schools and city training schools under the provisions of section 551 of the education law. Candidates, twenty-one years of age, and who have had two years of high school work, or its equivalent, and in addition thereto have taught two years, will be admitted to the normal school on the understanding that they must complete the high school course in addition to the professional course before they shall be graduated. Graduates of training classes who entered the class upon an academic diploma and who have taught one year since graduation from the training class may complete the professional course in e46 NEW YORK SCHOOL LAW the normal school in one year if they possess the required apti- tude for training. Privileges of Pupils. — Residents of the State regularly ad- mitted to a normal school can not be charged tuition and can not be charged for the use of books or apparatus. Pupils, how- ever, are chargeable for books lost by them or damaged while in their possession. Dismissal of Pupils. — The local board may dismiss pupils for disorderly or immoral conduct or for neglect or inability to perform their work, or for a failure to coiiply with the regu- lations of the school upon which th.y are in attendance. Non-Resident Pupils. — Pupils who are not residents of the State may be admitted to these schools upon paying such tuition as the Commissioner of Education shall prescribe, which is S20 per term. Indian Pupils. — The State Treasurer is authorized to pay on the warrant of the State Comptroller to the Commissioner of Education such sum as may be appropriated for the support and education of Indian youth in the State normal institutions. These pupils must be selected by the Commissioner of Edu- cation from the several Indian tribes in the State so as to dis- tribute such selections equitably among these tribes. They must not be under sixteen years of age, and they are not entitled to more than three years' education in such school. The local board is made the guardian of such pupils while they are in attendance upon such institution, and such board is authorized to pay the necessary expenses of such pupils, from the funds provided for such purpose. Courses of Study. — Each of the normal schools has a two- years' professional coursu The course is practically the sami^ in all the schools. Some also have a special kindergarten and primary course. These courses are prescribed by the Commis- sioner of Education. Other special courses are now being planned for these schools. STATE NORMAL IxNSTITUTIONS 247 Diplomas. — The Coiiimissioner of Education prepares diplo- mas, which are granted to those who complete a course of study in these institutions. These diploras are signed by the Com- missioner of Education, the chairman and secretary of the local board, and the principal of the school. State Normal College diplomas are signed by the Co.p.missioner of Education, the President of the college, and all m.embers of the board of trustees. Such diplomas entitle their holders to teach for life in the public schools of the State. They may be revoked by the Commissioner of Education for cause. The diplomas show the course of study which was pursued. Application of Tuition. — Local boards could formerly expend the tuition received from any depart :.ent of their respective schools for apparatus, furniture, repairs, insurance, improve- ments upon the grounds or buildings, or for ordinary current expenses. It is now paid into the State treasury but is appro- priated by the legislature to the schools which collected it. Application of Insurance Money. — Whenever money is realized from insurance of the property or buildings of normal schools, such money must be deposited by the company in which such property is insured in a bank designated by the State: Co-::ptroller. It must be placed to the credit of the local board of such school and kept as a separate fund. Such money may be immediately used by the local board of the school to which it belongs upon the approval of the Commissioner of Education, to repair or replace in whole or in part the property damaged or destroyed. Local Authorities May Insure Normal School Property. — The authorities of each city or village in which a State nor.r.al school is located may insure the real and personal property of such school when the State refuses to keep adequate insurance on such property. Such insurance nmst be in the name of the State, and any money obtained therefrom '^mst be used to repair or replace the property damaged or destroved. 248 NEW YORK SCHOOL LAW Academic Departments. — In some normal schools, academic departments are maintained by the State for the benefit of the localities in which such normal schools are located. Children of school age residing within the bounds of such localities are entitled to attend such schools. This is done in consideration of certain privileges conferred upon such school by these locali- ties at the time such normal schools were created. Non-resident pupils can not lawfully be permitted to attend the academic departments of these schools. Removal of Teachers. — The principal and any teacher em- ployed in a nor.iial school may be removed upon joint action of the local board and the Commissioner of Education. The initiatory steps in these proceedings should be taken by the local board. In June, 1880, Superintendent Gilrour demanded the resignation of Principal Hoose, of the Cortland normal school. Principal Hoose refused to resign. In July, Superintendent Gilir.our withdrew his approval of the appointment of Principal Hoose and appointed another principal, whom the local board would not approve. The case was taken to the courts, and in April, 1882, the Court of Appeals decided the case in favor of Principal Hoose and the local board, on the ground that joint action of the board and Superintendent was necessary to remove the principal, and that the Superintendent did not possess the power of removal. The Court of Claims in 1884, awarded Dr. Hoose payment in full for his salary, except for the time he was elsewhere employed, between the beginning. of the litigation and the decision of the Court of Appeals. Special Powers for Fredonia School. — The practice depart- ment of the Fredonia noriral school is treated as a union free- school district. Jamaica School. — This school was established in 1893 ?^^^ opened in 1897. It was transferred by chapter 524, Laws of 1905. to the control of New York city. STATE NORMAL INSTITUTIONS 249 RETIREMENT OF TEACHERS [Article 43a] General Statement. — The legislature of 1910 enacted a civil service retirement law. It is the first law of this character enacted in the history of the State. It applies to teachers em- ployed for a certain period of time in a college, university, school or institution maintained and supported by the State and to teachers in schools for the deaf and dumb and the blind receiving pupils whose instruction and support are paid for by the State. It was more particularly enacted, however, in the interests of the teachers employed in the State normal schools. Teachers are therefore the first of the civil employees of the State to receive recognition under a retirement fund. Who May Retire or be Retired. — A person who has taught in the aggregate thirty years either in this State or elsewhere and for ten years immediately preceding application for retire- ment taught in one of the State institutions above described and must on his request be retired. Service in teachers insti- tutes may be countea the same as teaching. 2. A teacher of like age and experience who does not make application for retirement may on the order of the Commis- sioner of Education be retired. 3. A teacher of like experience without qualification as to age who has become incapacitated physically or mentally and such fact is certified by a majority of the board or governing body in charge of the school or institution in which he is em- ployed may on the order of the Commissioner of Education be retired. 4. A teacher who has taught ten years in one of these insti- tutions and who has taught an aggregate period of twenty years and who has become physically or mentally incapacitated and such fact is certified by the board in charge of the institution in vrhic'li he is teaching may on the order of the Commissioner of Ldication be retired. Retirement Certificate. — A teacher who is entitled to retire or ro be retired under either of the first two provisions defined 250 NEW YORK SCHOOL LAW in the preceding paragraph should execute an affidavit setting forth the number of years of employment, the places where employed and the salary received at the time. Such affidavit should be filed with the Commissioner of Education. The Com- missioner of Education if satisfied that the affidavit is truthful should • issue a certificate to such teacher to the effect that he has been retired from active service. If a teacher is retired on the order of the Commissioner of Education he should also issue to such person a retirement certificate. Amount to be Paid to Retired Teacher. — A teacher retired rnder this law is entitled to be paid one-half his salary at the Time of retirement but the amount paid shall in no case exceed 0,000. In no case shall the amount be less than $300. Time of Payment. — The law provides that payment shall be made quarterly commencing with the first quarter after the date of the issuance of the retirement certificate. REVIEW QUESTIONS How many normal sciiools are there in the State? When was the first one established? Where? When was it made permanent? What change was made in this school in 1890? How many persons have been graduated from these institutions? What is the annual attendance? What does it. cost annually to maintain them ? What is the value of their property? What is the object of these institutions? How are they established ? Who has general supervision of these schools? What local authority has supervision of these schools? How is the local board chosen? For what period? Who is the executive officer of the board? Of how many members does the local board consist? How may members of this board be removed? What is the board in charge of the State normal college called? Of how many members does it consist? What are the duties of the local board in relation to establishing regulations? In submitting reports to legislature? In caring for buildings and other property? In appointing special policemen? In supplying schools with equipments? In accepting gifts made to the schools for the State? In employing teachers? In dismissing teachers? State fully the powers and duties of the Commissioner of Education. Who may be admitted to these schools? By whom are appointments REVIEW QUESTIONS 251 made? By whom approved? What certificates of proficiency are accepted ? To what privileges are pupils entitled? Who may dismiss pupils? For what reasons? Upon what conditions are non-resident pupils admitted? Who are non-resident pupils? What amount is the State Comptroller authorized to pay each year for the support and education of Indian youth in these schools? How many of such youth may be educated from such fund? How are they chosen? What must be their age? How many years may they attend these schools? Who is made guardian of these pupils? What amount may be expended each year upon these pupils? What courses of study do these school have? Are these courses uniform? By whom are they prescribed? Who receive diplomas from these schools? By whom are such diplomas prepared? By whom are they signed? What privilege do such diplomas confer? For what may they be revoked? How may tuition money be expended? Where must money derived from insurance be deposited? What application may be made of such money? What are academic departments in these schools? How were they created? Who may attend these departments? Can non-resident pupils be admitted? How may a teacher be removed? Give details of the case relating to the removal of Principal Hoose, of Cortland. What was the first law authorizing the retirement of State civil em- ployees enacted in this State? To whom does it apply? Name the various conditions under which such teachers may retire or be retired. By whom is a retirement certificate issued? When? What amount is to be paid a retired teacher? The maximum to a supervising official or a princ'pal? To a teacher? The minimum amount? When is it payable? CHAPTER XXV SCHOOLS FOR COLORED CHILDREN, ORPHAN SCHOOLS, INDIAN SCHOOLS, DEAF AND DUMB AND BLIND INSTITUTIONS SCHOOLS FOR COLORED CHILDREN [Article 36] Where Established. — Previous to September i, 1900, the school authorities of any city or of any incorporated village, the schools of vvhich were organized 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 Consolidated School Law. The school authorities of the cities and incorporated villages of the State are, there- fore, 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 col- lored children may be established are union free-school districts outside of cities and incorporated villages, and common-school districts outside of cities and incorporated villages, 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 chil- dren residents of such district between the ages of five and twenty-one years are entitled to attend such separate school. SCHOOLS FOR COLORED CHILDREN, ETC. 253 How Supported. — When separate colored schools are estab- lished 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 instruction 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. ORPHAN SCHOOLS [Article 35] The schools of all the incorporated orphan asylum 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 management 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. The presiding officer of each asylum maintaining a school must make an annual report to the Commissioner of Education, showing the number of pupils therein, the studies pursued by them, the time devoted thereto, and the manner in which public funds apportioned it have been expended. INDIAN SCHOOLS [Article 37] General Statement. — There are eight Indian reservations in this State. On these reservations thirty-three Indian schools are ;^54 NEW YORK SCHOOL LAW maintained, in which are employed thirty-six teachers. The following tables gives important information relative to these reservations for 1912: Name of Reservation County of Location Allegany Allegany 127 Cattaraugus Cattaraugus and Erie 140 Onondaga Onondaga 98 St. Regis Franklin and St. Lawrence 185 Shinnecock Suffolk 30 Ton-Rwanda Erie 87 Tusc rora Niagara 41 708 Duty of Commissioner of Education. — The Commissioner of Education is charged with general supervision of the Indian schools. He should ascertain the needs and character of the education of the various Indian bands in the State, and provide schools in such places as he deer.s necessary. He employs all necessary teachers, truant officers, and other assistants and employees and fixes their salaries. He erects school buildings when funds are appropriated therefor. Co-operation of Indians. — The Commissioner of Education is charged with obtaining the co-operation of the several bands of Indians in supporting the schools established for their benefit. He is required to visit their reservations, or delegate some repre- sentative to vi>t them, to discuss means of improvement and education with them in public assembly and to induce them, if possible, to donate land, material, labor, and public funds for the erection of suitable buildings. Protection, to Title. — When any of the Indian land shall have been given for occupancy or use for school purposes the right or title of Indians to such land should be protected. The right of the State to rei^ove or otherwise dispose of all improvements SCHOOLS FOR DEAF AND BLIND 55 made at the expense of the State should be reserved in all contracts. Annual Appropriation. — For the purpose of executing the provisions of law relating to Indian schools, the legislature makes an annual appropriation. This money is paid by the State Treasurer on the warrant of the Comptroller to the order of the Commissioner of Education, from time to time, as such money is needed. Special appropriations from the general fund are sometimes made by the legislature for repairs and improve- ments on the school property of reservations. Vouchers and Receipts. — The Commissioner of Education is required to file in his office vouchers and receipts for all ex- penditures made under the provisions of this chapter. Report to Legislature. — The Commissioner of Education is required to report annually to the legislature the condition of Indian schools. DEAF AND DUMB AND BLIND INSTITUTIONS [Article 38] Duty of Commissioner of Education. — All institutions for the instruction of the deaf and dumb and blind, and all other similar institutions incorporated under the laws of this State are under the inspection and supervision of the Commissioner of Education. He should ascertain the expenditures of each institution, the system of instruction pursued therein, and the condition of the lodgings and acco imiodations of the pupils. He should ascertain by comparing these institutions with similar institutions whether improvements in instruction and discipline can be made. For this purpose he may appoint per- sons to visit these institutions. He should also suggest to the directors of these institutions and to the State legislature those improvements and changes which in his judgment are deemed wise. Annual Report. — The Commissioner of Education is required to make an annual report to the State legislature on all matters 256 NEW YORK SCHOOL LAW relating to these institutions ; particularly to the condition ot the schools, the improvement of the pupils, and their treatment in respect to board and lodging. Eligibility of Appointments of Deaf and Dumb Persons. — A deaf and dumb person to receive an appointment as a State pupil to an institution for the deaf and dumb must possess the following qualifications : Such person must be upwards of twelve years of age and have been a resident of the State for one year immediately preceding his or her application for admission to such institution ; or, if a minor, the parent or parents, or if an orphan, the nearest friend must have been a resident of this State for one year immediately preceding the application for an appointment as a State pupil. Eligibility of Blind Persons for Appointment as State Pupils. — All blind persons of suitable age (no specific age re- quired by law) who possess the same qualifications in regard to residence as deaf and dumb candidates, may be appointed State pupils as follows: All those who are residents of Nassau, New York, Kings, Queens, Suffolk, Richmond, Westchester, Putnam, and Rock- land shall be appointed to the Institution for the Blind in New York city. Those residing in all other counties in the State should be appointed to the Batavia institution. By Whom Appointments are Made. — Appointments of State pupils to any of these institutions, except the Institution for the Blind in Batavia, are made by the Commissioner of Education upon application. In making such appointments the Commis- sioner of Education may impose the condition, in the case of parents or guardians or friends who have sufficient means, that some portion of the expense of educating and clothing such pupil shall be borne by the parent, guardian or friend. The Com- missioner also has the authority to modify such conditions when- ever he deems it wise to do so. Appointments to the Batavia institution are made to the board of trustees, and must be approved by the county judge or county clerk of the county or SCHOOLS FOR DEAF AND BLIND 257 the supervisor or town clerk of the town or the mayor of the city in which the apphcant resides. Support of State Pupils. — A State pupil appointed to any of these institutions must be provided vvirh board, lodging, and tuition. The Deaf and Dumb institutions and the Blind institu- tions are entitled to receive such sum for each puph to be paid quarterly as the legislature appropriates. State pupils who are children of indigent parents or guardians are supplied with clothing by the counties from which they are appointed. The treasurer of each institution should present a bill showmg the number of pupils and the time each pupil attended, to the State Comptroller for audit and payment. This bill must b^ signed and verified by oath of the president and secretary of the institution. The bill is paid by the State Treasurer on the w^arrant of the Comptroller. Term of Instruction. — The regular term of instruction for each pupil is five years, but th^ Commissioner of Education may extend such time not to exceed three years. He may also ex- tend the term to cover three years of instruction beyond the ele- mentary course. Regulations for Admission of Pupils. — The Commissioner of Education may establish regulations to require the admission of pupils at these institutions at regular periods. The legislature of 1897 authorized the Albany Home School for the Oral Instruction of the Deaf to receive deaf and dumb persons who are eligible to appointment, and who are more than twelve years of age. The Commissioner of Education is also authorized to make appointments to this institution. County ..vast Supply Clothing. — If a parent or guardian of a State pupil in any of the institutions for the deaf and dumb is unable to furnish such pupil clothing, the board of super- visors of the county from which such pupil was appointed must raise each year for each of such pupils the sum of $30 for supplying clothing to such pupils. Payment for Aid to Blind Pupils Attending College. — The trustees of any college, university, technical or professional school located in this State, authorized to confer degrees 258 NEW YORK SCHOOL LAW except an institution for the instruction of the bhnd, may designate bhnd students in attendance upon such institu- tions who are residents of this State as tit persons to receive special aid in doing the work required in such institution. Persons may be employed to read to such blind students from the text books or pamphlets used by such students in their studies at a compensation of $300 per year. The treasurer of any of such institutions after the beginning of a school year may present to the State comptroller a verified statement showing the number of blind students regularly matriculated and working for a degree. No other student can be included. The Comptroller will issue his warrant and thereon the State Treasurer will pay to the treasurer of such institution the amount to which the institution is entitled. The trustees of the institution will then disburse the moneys for the purposes aforesaid. Instruction for Blind Babies, etc.— The Commissioner of Education may in his discretion appoint children twelve years of age and under as State pupils in one of the homes for blind babies and children maintained by the International Sunshine Society, Brooklyn Home for Blind, Crippled and Defective Children and the Catholic Institute for the Blind. When these children are thus appointed to one of these homes the home re- ceiving them is entitled to the same compensation that other in- stitutions receive which may accept State blind pupils. REVIEW QUESTIONS " In what school districts may a board of education establish schools for colored children without a vote of the district? In what districts is a vote required before a board can establish such schools? Who are entitled to attend such colored schools? How are such schools sup- ported? How should such schools be equipped? What teachers must be employed? How are the schools of the incorporated orphan asylum societies related to the public school system? To what public money are they entitled? What report must be filed with the Education Department? What is the duty of the Commissioner of Education in relation to Indian schools? When may he CRuse school buildings to be erected on Indian reservations? What co-operation of the Indians should he enlist? What protection to title should be given to Indians when their REVIEW QUESTIONS 259 land is used for school purposes? What right should be reserved to the State? What amount is annually appropriated for this purpose? How is this money paid? What s done with the vouchers and receipts? What reports must be maue in relation to Indian reservations? What jurisdiction has the Commissioner of Education over Deaf and Dumb and Blind institutions? What knowledge of the work of these institutions should he possess? What report in relation to these insti- tutions must be made? Who are eligible to appointment as State deaf and dumb pupils? Who are eligible to appointment as S:ate pupils to blind institutions? By whom are these appointments made? In making these appointments what conditions may the Commissioner ot Education impose? How are these State pupils supported? To whom are bills for these expenses presented? In what form? By whom are they paid? What is the regular period of instruction? What ex- tension may be granted'. Who adopts the regulations for admission of these pupils? What institution was authorized by the legislature of 1897 to receive deaf and dumb pupils for instruction? When must a county provide pupils with clothing? Explain the conditions under which payments will be made by the State to assist blind pupils in at- tendance upon college? CHAPTER XXVI APPEALS TO THE COMMISSIONER OF EDUCATION [Article 34] Who May Appeal. — Any person considering himself aggrieved under the provisions of this title of the Education Law may bring an appeal to the Commissioner of Education for judicial determination. Action Appealable. — Any action of a school district meeting, of a trustee of any school district, of a supervisor in relation to school moneys, of a district superintendent or other officer relating to the boundaries of school districts, or an apportion- ment of school moneys, or the action of any of the foregoing concerning any other matter under the Education Law, or per- taining in any way to the common-school system, may be re- viewed by the Commissioner of Education on appeal to him in due form. Judicial Authority. — The Commissioner of Education is a judicial as well as an executive officer. The administration of the school system through local officers and the action of school district meetings give rise to numerous questions which must be settled by some judicial authority. It is important that these numerous questions shall be settled at an early date and with the least expense possible. To meet this situation, the State legislature has conferred upon the Commissioner of Education the power to hear and determine questions of this kind in the same manner that they are heard and determined by courts. Several hundred appeals are decided by the commissioner each year, and since vesting this power in the chief officer of the education system over 10,000 appeals have been decided by him. Powers of Commissioner. — Under this title of the education law the Commissioner of Education is given power to regulate APPEALS TO THE COMMISSIONER OF EDUCATION 261 the practice under which appeals shall be brought under his jurisdiction. He may render a decision on the law and the facts submitted and make any order necessary to give force and effect to his decision. Decision Not Reviewable. — The decision of the Commissioner of Education on an appeal brought before him by an aggrieved party from any decision made by a school district meeting, by any school district officer, by a supervisor in relation to pay- ment of school moneys, or an appeal brought before him by any other official act or decision pertaining to the school system of the State, is final and conclusive and cannot be reviewed by any court. Decision Reviewable. — An original application to the Com- missioner of Education to act in a case where no action has been taken before, is not an appeal to the Commissioner of Edu- cation from any decision of an officer or body. It is a direct application to the commissioner to exercise a power which is original and not appellate. An application, therefore, to the commissioner to remove a trustee of a school district is not an appeal in the sense in which this term is used in the education law. The action of the commissioner in a case of this kind was held to be reviewable by the courts. (159 N. Y. 162.) The law was amended in 1910 providing that the Commis- sioner of Education could institute such proceedings as the education law authorizes and that his decision in any such proceeding or in any case brought to him for determination on petition or appeal should be final and not subject to review. The decision of the commissioner therefore in a case where he acts originally would seem to be final and not reviewable by the courts. Rules of Practice. — The Commissioner of Education has pre- scribed the following rules to govern the practice of appeals : I. An appeal must be in writing, addressed " To the Com- missioner of Education," stating the grounds upon which it is taken, and signed by the appellant or appellants. The appeal must be verified by the oath of the appellant or appellants. 262 NEW YORK SCHOOL LAW When the appeal is made by the trustees of a district, it must be signed by all the trustees, or a reason must be given for the omission of any, verified by the oath of the appellant, or of some person acquainted with such reason. 2. A copy of the appeal, and of all the statements, maps and papers intended to be presented in support of it, with the affidavit in verification of the same, must be served on the officer or officers whose act or decision is complained of, or some of them; or if it be from the decision or proceeding of a district meeting, upon the district clerk or one of the trustees, whose duty it is to cause information of such appeal to be given to the inhabitants who voted for the decision. 3. Such service must be made by delivering a copy of the appeal to the party to be served personally, or, in case he cannot be found in the supervisory district in which he resides, after due diligence, by delivering and leaving the same at his resi- dence, with some person of suitable age and discretion, betv/een six o'clock in the morning and nine o'clock in the evening. 4. Immediately after the service of such copy, the original, together with an affidavit proving the service of a copy thereof and stating the time and manner of the service and the name and official character of the person upon whom such service was made, must be transmitted to the Education Department at Albany. 5. Such original appeal and all papers, etc., annexed thereto, with proof of service of copies, as required by rules 3 and 4, must be sent to the Education Department within thirty days after the making of the decision or the performance of the act complained of or within that time after the knowledge of the cause of complaint came to the appellant, or some satisfactory excuse must be rendered in the appeal for the delay. If an answer is received to an appeal which has not been transmitted to the Department, such appeal will be dismissed. 6. The party upon whom an appeal shall be served must, within ten days from the time of such service, unless further APPEALS TO THE COMMISSIONER OF EDUCATION 263 time be given by the Commissioner of Education, on application, answer the same, either by concurring in a statement of facts with the appellant or by a separate answer, and of all affidavits, papers, maps, etc., in support thereof. Such statement and answer must be signed by all the trustees or other officers whose act, omission or decision is appealed from, or a good reason, on oath, must be given for the omission of the signature of any of them. Such answer must be' verified by oath and a copy thereof and of all the statements, maps, papers, etc., intended to be presented in support thereof, served on the appellants or some one of them, in like manner as is provided in rule 3 for the service of a copy of an appeal. 7. Immediately after the service of a copy of such answer and the statements, papers, etc., presented in support thereof, the original answer and papers, etc., together with an affidavit of the service of such copy and stating the time and manner of the service and the name and official character of the person upon whom such service was made, as hereinbefore provided for the service of a copy of an appeal, must be transmitted to the Education Department, at Albany. 8. No reply, replication or rejoinder shall be allowed, except by permission of the Commissioner of Education in which case such reply, replication and rejoinder must be duly verified by oath, and copies thereof served on the opposite party. Imme- diately after the service of such copy, the original, together with an affidavit of such service, and stating the time and manner of the service and the name and official character of the person upon whom such service was made, must be transmitted to the Education Department, at Albany. 9. So far as the parties concur in a statement, no oath will be required to it. But all facts, maps or papers, not agreed upon by them and evidenced by their signature on both sides, must be verified by oath. 10. When any proceeding of a district meeting is appealed from, and when the inhabitants of a district generally are inter- 264 NEW YORK SCHOOL LAW ested in the matter of the appeal and in all cases where an inhabitant might be an appellant had the decision or proceeding been the opposite of that which was made or had, any one or more of such inhabitants may answer the appeal, with or without the trustees. 11. When the appeal has relation to the alteration or forma- tion of a school district, it rnust be accompanied by a map, ex- hibiting the site of the school-house, the roads, the old and new lines of districts, the different lots, the particular location, and distance from the school-houses of the persons aggrieved, and their relative distance, if there are two or more school-houses in question; also, a list of all the taxable inhabitants in the dis- trict or territory to be affected by the question, showing in separate columns the valuation of their property, taken from the last assessment-roll, and the number of children between five and twenty-one belonging to each person, distinguishing the districts to which they respectively belong. 12. An appeal, of itself, does not stay the proceedings. If the party desires such stay he should apply for it by petition, stating the facts why such stay should be made, duly verified. The commissioner will grant a stay, or not, as in his judgment it may be proper, or may subserve the interests of either party or the public ; and may direct a copy of the petition to be served on the opposite party and a hearing of both sides before deciding upon the application. 13. The affidavit of verification, required by these rules to an appeal, answer, reply, replication and rejoinder, must be to the effect that the same is true to the knowledge of the affiant, except as to the matters therein stated to be alleged on informa- tion and belief, and that as to those matters he believes it to be true. 14. All oaths required by these rules may be taken before any person authorized to take affidavits. 15. All appeals and other papers therein must be fairly and legibly written ; and if not so written, may, in the discretion of the commissioner, be returned to the parties. REVIEW QUESTIONS 265 16. When any party, appellant or respondent, is not repre- sented on the appeal by any attorney, the name of such party, with the names of the district, town and county and his post- office address must be indorsed upon each paper of the party so represented, filed in the Department on such appeal ; and when represented by an attorney, the name of such attorney, with name of the district, town and county affected and his post-office address, must be so indorsed upon each paper of the party so represented, filed in the Department on such appeal. 17. Submission of appeals may be made upon the papers filed therein, with or without oral argument, or the filing of briefs, as the commissioner, upon application, may determine. 18. The decision of the commissioner in every case will con- tain the order, or directions, necessary and proper for giving effect to his decisions. 19. A decision upon an appeal will be forwarded by the commissioner to the clerk of the school district in which the appeal arose, or the town clerk of the tovv^n, when the appeal relates to the alteration of a district in which the order appealed from is filed, whose duty it will be to fi4e the same in his office as a public record. The Appellate Division of the Third Department held in Walrath vs. The Board of Education of the City of Troy, in March, 1906, that a writ of certiorari could not be issued to review the action of the Board in dismissing Walrath as prin- cipal of the high school and that his remedy was an appeal to the Commissioner of Education. REVIEW QUESTIONS Who may appeal to the Commissioner of Education? What actions are appealable? Why was judicial authority conferred on the Com- missioner of Education? What general power has the Commissioner in such matters? Are his decisions reviewable? Give in substance case 159 N. Y., 162. How was this affected by the amendment of 1910? What additional power was given the Commissioner of Education m 1910? CHAPTER XXVII 'text-books, code of public instruction, arbor day, flag law [Article 25] Adoption of Text-Books. — In union free-school districts and cities, boards of education or bodies performing the duties of boards of education, constitute the proper authority to deter- mine 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 meeting. 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 meeting. Change of Text-Books. — i\fter a text-book shall have been regularly adopted for the schools of a union free-school district or city by the board of education of such district or city, or by any other body performing the duty of such board, it is un- lawful 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, except 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 * See Chapter 653, Laws of 1913, as to special act authorizing uniform text books for St. Lawrence County. TEXT-BOOKS, CODE OF PUBLIC INSTRUCTION, ETC. 2O7 of the members of the board of education having jurisdiction. 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 persons guilty of a violation of the provisions stated in either of the foregoing paragraphs, is liable to a tine 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 provisions 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 meeting of a union free-school district may vote an appropriation for supplying indi- gent pupils with text-books. When such action is taken by a district meeting, it is the duty of the board of education to pro- vide 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 dis- trict 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 furnish pupils free text-books, the board of education of such district must supply all pupils within ninety days with free text-books. The board of education lias authority to prescribe regulations for the care, use, and distribution of books. EDUCATION CODE Custodian of Code.— The trustee or trustees of each school district are the custodians of the Education Code of their dis- 268 NEW YORK SCHOOL LAW trict, and they should deHver such code to their successors in office. Loss of Code. — If through the fault or neglect 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 Education Code 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 sub- ject 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. ARBOR DAY [Article 29] 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 establish- ment of this day the school children have planted on the school grounds of the State about 200,000 trees and many plants and shrubs. Arbor Day originated in Nebraska in 1872, and is now ob- served 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 re- ceived votes, and 318,079 votes were cast. The golden-rod received the greatest number of votes cast, 81,308, while the rose received 79,666 votes. As no flower received a majority TEXT-BOOKS, CODE OF PUBLIC INSTRUCTION, ETC. 269 of the votes cast, and as the vote for the golden-rod and the rose was so evenly divided, Superintendent Draper requested that a vote be taken on these two flowers on Arbor Day in 1891. This vote was taken, with the result that the rose received 294,816 votes and the golden-rod 206,402. The rose is there- for considered our State flower. Best American Nature Poem. — On Arbor Day of 1891 the teachers of the State, in response to a request of the State Super- intendent that they express their choice by vote for the best American poem on nature or trees, selected Bryant's Forest Hymn by a majority of 156 votes. Bryant's Thanatopsis was second choice. Date. — Arbor Day occurs on the Friday following the first day of May in each year. Duty of School Authorities. — The law makes it the duty of the school authorities of every public school in the State " to observe this day properly by assembling the pupils in the school building or elsewhere for the purpose of holding, under the general direction of the city superintendent or district superin- tendent, exercises which shall tend to encourage the planting, protection, and preservation of trees and shrubs, and an acquaint- ance with the best methods to be adopted to accomplish such results." Program of Exercises. — The Commissioner of Education is required to prepare a program of exercises and instruction for use in the public schools on Arbor Day and to cause the same to be distributed throughout the districts of the State. Distribution of Program. — It is the duty of district superin- tendents and city superintendents to provide each of the schools under their supervision with as many copies of the program prepared by the Commissioner of Education as may be avail- able. District superintendents 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 programs to the school authorities of each district. 270 NEW YORK SCHOOL LAW FLAG LAW [Article 27] 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, flag-staff, and other neces- sary appliances for each of the school-houses under their super- vision. 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. 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 reinoval 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 without being directed to do so* by a district meetmg. The Commissioner of Education 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. He is also required to provide for the ob- servance of Lincoln's Birthday, Washington's Birthday, Memorial Day, Flag Day, and other similar legal holidays. To meet this demand an unusually attractive and interesting volume on the history of the flag has been issued and a copy placed in every school-house in the State. 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 REVIEW QUESTIONS 271 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 provisions? 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 Education Code? If a code '« lost by the trustee, who should supply another copy? What is the penalty if the trustee refuses to do this? How must 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 American 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 distributed? How is the expense of carrying out the provisions of the law met? 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 discretion of school authorities? What is the penalty for failing to comply with its provisions? If a district has not a flag and appli- ances, 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 XXVIII SCHOOL AND PUDLIC LIBRARIES [See Title 44] Apportionment of Library Moneys. — On account of the unification act it became desirable to unite the hbrary funds which had heretofore been distributed by the two former edu~ cational departments The legislature, therefore, now makes but one appropriation for libraries. This appropriation is for an amount equal to that given the two old departments and the method of distribution is such that a school may draw from this fund as much money as it was allowed heretofore from both funds. The method of this apportionment will be found in the article which treats of school moneys. The method of distributing the money is as follows : An apportionment is made on or about the first of each month based on the applications received during the previous month. This apportionment is certified to the comptroller. The State treasurer upon the warrant of the comptroller pays to each county treasurer, excepting in the counties comprising the city of New York, an amount equal to that apportioned to all of the schools in his county. The Commissioner of Education then certifies to the county treasurer the schools to which money is due and the amount due to each. Upon receipt of this certificate from the Commis- sioner of Education the county treasurer pays the allotment to each of the schools entitled to receive the same. In the city of New York all money due the city is paid to the city chamberlain and all money due to private academies is paid directly to the treasurer of the academy. SCHOOL AND PUBLIC LIBRARIES 2/3 Commissioner of Education Has General Supervision. — The Commissioner of Education has power to estabHsh, modify, or abolish any regulation for the expenditure of school library money and the administration and care of school libraries. All provisions of law and rules of the Commissioner of Education for the management of district libraries shall apply to the man- agement 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, appor- tioned from State funds, or received from any other source — shall be used for any other purpose than for the purchase of books, or reproductions of approved works of art, and such books must be approved by the Commissioner of Education before being purchased. Commissioner May Withhold Money. — The Commissioner of Education 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 Commissioner has adopted. Librarian. — The board of education of a union free-school district and also the board of trustees of a common-school dis- trict shall appoint as librarian one of the teachers in the employ of their district Such librarian and trustees or board of educa- tion, 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 Commissioner of Education shall direct concerning such library. If a board of education in a union free-school district fails to select a librarian, the teacher of English in such school becomes the librarian. If such district employs a librarian meeting the qualifications prescribed by the Commissioner of Education, the district is entitled to receive an additional teacher's quota from the State. If a librarian is not appointed in a district which is not a union free-school district, the prin- cipal teacher becomes the librarian. Use of School Library. — A school library is not intended to be a circulating library. It must be kept in the school building at all times and it forms a part of the school equipment. Pupils, chool officers, teachers and other residents of the district. hoAV- ever, may, when the rules of the Commissioner of Education permit, 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. 274 NEW YORK SCHOOL LAW Books of Which Library Shall Consist. — School libraries shall consist of reference books to be used in the school-room, suitable supplementary reading-books for pupils, books relating to the branches of study being pursued in the school, and peda- gogic 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 cannot be fixed. The State 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 furnishing 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 estab- lishment 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 meeting, duly con- vened, shall so direct. Release of School Authorities. — The approval of such transfer should be obtained from the Regents 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 How is library money now apportioned? By whom? On what basis? When? How does the money reach the county treasuurer? The school districts? For what purpose must library money be expended? What books may be purchased? What is the penalty for expending library motiey REVIEW QUESTIONS 27$ for Other purposes than for books approved by the Commissioner of Education? What for faihng or refusing to comply with the regulations of the Commissioner of Education? 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 Com- missioner of Education? 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 library consist? Of what books may duplicates be purchased? 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 project? What approvals to such transfers should be obtained? What receipt? What is the effect of such approval and such receipt? CHAPTER XXIX TEACHERS' TRAINING CLASSES, TRAINING SCHOOLS, TEACHERS* INSTITUTE teachers' TRAINING CLASSES [Article 31] Historical Sketch. — In 1834 an act was passed providing for the organization of Teachers' Training Classes. They were under the supervision of the Board of Regents from that year until 1889, when their supervision was transferred by an act of the legislature to the State Superintendent of Public Instruc- tion. Object. — Teachers' Training Classes are organized to give in- struction in the science and practice of common-school teach- ing to persons who desire to become teachers in the public schools of the State. Institutions Which May Organize Them. — Academies and union free schools are the only institutions in which these train- ing classes may be organized, and only such of these institutions as the Commissioner of Education designates. How Such Institutions are Designated. — The Commissioner of Education has authority, by law, to adopt regulations by which institutions desiring the appointment to organize training classes must be governed. (As these regulations may be changed at any time by the Commissioner of Education they are not given in this work, but may be obtained from the Education Depart- ment upon application.) An institution desiring an appointment to instruct a class should obtain a blank application from the Commissioner of Education, supply the information called for in such blank, and TEACHERS TRAINING CLASSES, ETC. 277 then file it in the State Department at Albany. This application, p.u^erly filled out, should be filed not later than May ist, and appointments made on such applications are for the school year beginning on the first day of August following. From the appli- cations filed the Commissioner of Education selects those insti- tutions which are the best equipped for the work and the selection of which will distribute such classes throughout the supervisory districts of the State so as to give equal advantages, as far as possible, to the people of all parts of the State. The number of appointments which may be made for any year is a matter of discretion on the part of the Commissioner of Education, but cannot exceed 115. Number of Pupils in Class. — No class can legally be formed with a membership of less than ten or more than twenty-five. Period of Instruction. — A class cannot legally be organized for a shorter period than thirty-six weeks, and it is within the authority of the Commissioner of Education to require a longer period. Under this authority the Commissioner of Education requires the organization of a class to be for two terms of not less than eighteen nor more than twenty weeks each. The super- intendent has also established a regulation requiring the amount of instruction in these classes for each day to consist of three periods of forty-five minutes each. Tuition. — No pupil admitted to these classes and remaining therein the period required under the regulations of the Com- missioner of Education can lawfully be charged for such attend- ance. A non-resident pupil who is a member of a training class and who leaves such class within the prescribed period without the consent of the Commissioner of Education may be charged tuition by the school authorities of the district in which such training class is organized, at the rate charged non-resident pupils who are in attendance upon such school but who are not members of a training class. Compensation Allowed. — An institution maintaining a train- ing class of not less than ten pupils regularly organized and 278 NEW YORK SCHOOL LAW conforming to the regulations prescribed by the Commissioner of Education is entitled to receive $700 from the State. In case a pupil has not been in attendance the required period, or a class has not been held for the full period of thirty-six weeks or there has been less than ten members in attendance upon such class, the Commissioner of Education may, for reasons satis- factory to himself, excuse such default and allow the institu- tion in which such class was instructed equitable compensation proportionate to the number of pupils and period of instruction for the time such pupil was in actual attendance upon such training class. This money is paid by the State Comptroller on the certificate of the Commissioner of Education to the district entitled to receive it. The money is then the property of the district and may be used for school purposes as the district directs, except that such money cannot be paid as extra compensation to a teacher or teachers who receive a fixed salary. Training Class Fund. — The legislature appropriated in 19 10 one hundred twenty-five thousand dollars from the free school fund for the support of these classes and training schools. Of this amount $61,342.50, was paid for maintenance of training classes and the balance to cities for support of training schools. Duties of District Superintendents. — District superintendents are directed by law to visit and inspect training classes, to advise and assist principals in the organization and management of such classes, to conduct examinations for such classes as directed by the Commissioner of Education and to issue certificates in the form prescribed by the Commissioner of Education to those members of classes who have met the requirements of the law and the regulations of the Commissioner of Education. Training-class Certificates. — A training-class certificate issued between January i, 1896, and August i, 1905, is valid for three years and entitles its holder to teach in any public school, during its validity, in the commissioner district for which it is issued. Upon its expiration it may be renewed for a period of five years teachers' training classes, etc. 279 without further examination. It must also be indorsed by any district superintendent in the State, when presented to him for that purpose. These certificates issued after August i, 1905, entitle their holders to teach in those schools only which do not maintain an academic department. Upon their expiration they may be renewed for a period of live years. Regulations for Classes. — To the Commissioner of Educa- tion is given the authority to establish regulations, for the in- struction and management of training classes, to prescribe the course of study for such classes, and to determine the condi- tions upon which pupils will be admitted to such classes. No person can receive a certificate who is under the age of eighteen years, and as pupils are required to be under instruc- tion in a training class one year, candidates for membership in such classes must be at least seventeen years of age. (Com- plete regulations may be obtained upon application to the Com- missioner of Education.) city training schools [Section 551, also article 31] Any city in the State, or any district of 5,000 or more popula- tion in the State, employing a superintendent of schools, may establish and maintain schools or classes for the professional training and instruction of teachers for not less than two years. The law also provides that no person is eligible to membership in one of these training schools or classes who has not been; graduated from a high school or academy having a three years' course of instruction approved by the Commissioner of Educa- tion, or from some other institution of equal or higher rank. The course of study of such training schools or classes must also be approved by the Commissioner of Education. The Commissioner of Education is also authorized to appor- tion to each city maintaining a training school or class under the provisions of this law and the regulations which he prescribes 250 NEW YORK SCHOOL LAW the balance of the annual appropriation for training classes and training schools after apportioning the training classes the amount to which they are entitled. This balance must be ap- portioned ratably according to the aggregate attendance of the pupils regularly admitted to such training schools. teachers' institutes [Article 30] Origin. — The first teachers' institute in this State was held at Ithaca in April, 1843. ^^ ^'^'^^ in session for two weeks and was attended by twenty-eight teachers. The Superintendent of Tompkins county had charge of it and obtained assistants to conduct it. It received no aid from the State. The propriety of establishing this institute was decided upon in October, 1842, at the Tompkins County Teachers' Association. The work was successful and popular, and other counties soon followed the same plan. In 1847 the legislature appropriated $60 for the aid of each institute held in the iState. As the legislature makes no appropriation for institutes they have been discontinued. The conferences of teachers held by district superintendents supercedes the institute's work. REVIEW QUESTIONS What is the. object in organizing training classes? When was the first act creating them passed? Who h?d supervision of them? What change was made in 1889? In what institufons may they be organized? By whom are these institutions designated? Explain how these ap- pointments are made? What restrictions are placed on the number of pupils which may be in a class? What period of instruction s re- quired? What period for each day? Are members of these classes chprged tuition? What exception is there to this rrlo? What com- pensatic n is allowed an institution for mainta'n^nrr o"e of thege classes'; How is this money obtained? What appropriations are made for this work? What equitable allowance may be '^i^iortioned for maintaining a training class? What are the general dufes of district superintendent in relafon to these classes? Explam fully the value of a training class certificate. By whom are regulations governing training classes prescribed? What ^s the minimum age limit for ad- mission to these classes? Explain the provisions of section 551 of the E^uc^tion Law relating to training schools and classes in cities and villa 2-es employng a sunerintendent. Explain the method of appro- priating Sta^e funds for these purposes. CHAPTER XXX. BETIKEMENT OF TEACHERS [Article 43b] The legislature of 1911 enacted a retirement law applicable to the teachers of the State and its essential provisions are as follows : 1 It applies to all teachers and principals employed in the public schools of the cities and sciiool districts of the State which are not already subject to the provisions of a retirement law. It also applies to the superintendents employed in such cities and in union free school districts having a population of five thousand or more and to district superintendents. 2 It provides for a State Teachers Retirement Board to con- sist of tive members. The members are appointed by the Com- missioner of Education. One of such members at the time of his appointment must be a superintendent of schools in a citv or district ; one, an academic principal ; one, a teacher em- ployed in an elementary school ; and one a woman teacher. The regular term of a member is five years. The members of the first board were appointed for one, two, three, four and five years, respectively, from January 1, 1912. Vacancies are filled by the Commissioner of Education for the unexpired terms. A member may be removed by the Commissioner of Education for cause on notice of charges and after a hearing. A member of the board may also resign. Members serve with- out pay but are entitled to expenses incurred in the perform- ance of their duties. 3 The annual meeting of the board will be held on the second Wednesday in January and it must hold regular meetings at least once in each three months. The board elects a secretary at a salary approved by the Commissioner of Education, but which can not be in excess of $2000. The board and its secre- tary have been assigned a room in the Education Building. (281) 282 NEW YORK SCHOOL LAW 4 The State board will have general charge oi the adminis- tration of the retirement law. It will prepare all necessary blanks and conduct any inquiry or investigation into the rec- ords of applicants for retirement which may be necessary to de- termine the rights of snch applicants. It is to give instruction to boards of education in relation to the duty of such boards under the law. It issues warrants in payment of annuities and is empowered to prescribe regulations to aid in the enforcement cf the provisions of the law. 5 The State Treasurer is the custodian of the retirement fund, which he is required to deposit in banks or trust com- panies, and the law regulating the deposit of State funds ap- plies to the d^'posit of the retirement fund. The retirement board is required to determine from time to time the amount of such fund which shall be permanently invested. The board is also required to determine the securities in which such fund shall be invested. The fund can be invested only in those se- curities in which the trustees of savings banks may invest the deposits of such banks. 6 The retirement fund consists of money obtained from the following sources : a Contributions made by teachers, school districts and cities as required under the retirement law b The income derived from the investment of the retirement fund c Donations, legacies, gifts, bequests etc. d Appropriations made by the State Legislature 7 All teachers employed in cities or school districts to which the retirement law applies, who have entered into contracts since August I, 1911, and all teachers in such cities or districts who may hereafter enter into contracts, shall pay into the teachers retire- ment fund I per cent annually of their salaries under such con- tracts. Each city and school district is also required to pay into this fund a sum equal to i per cent of the aggregate amount paid by such city or district in salaries to its teachers. Each city or district — the employer — pays an amount equal to that which is paid by the teachers — the employees — into this State fund. Any teacher within such cities or districts who entered into contract prior to August i, 191 1, may elect to contribute i per cent an- nually of the salary paid pursuant to such contract and thereupon will become entitled to all the privileges conferred by the law. RETIREMENT OF TEACHERS 283 Boards of education are required to deduct from the salaries of teachers the amount which such teachers are required to pay into the retirement fund. The amount thus deducted should be paid into the treasury of the city or district and credited to the school fund. This money is not paid into the State treasury. The Commissioner of Education, in apportioning the State fimds, will deduct an amount equal to 2 per cent of the salaries of the teach- ers employed in a city or school district from the public money to which such city or district is entitled, and will issue a warrant from the State Comptroller for the payment into the State treasury, to be credited to the State teachers retirement fund, the amount which the several cities, school districts and the teachers employed therein are required to pay into such fund. The amount of money which a city or district will receive will be less the amount which a city or district and its teachers are required to pay into the State teachers retirement fund. 8 In a city or in a union free school district, a teacher may be retired either upon her owm application or the application of her board of education. If a teacher in a city or union free school district is entitled to be retired and has become ineffic- ient and such teacher does not make application to be retired, her board of education may file an application for her retire- ment. In all other districts, the request for retirement should be made by the teacher. As there is no tenure of office in corn- man school districts and teachers are employed for one year only, trustees are not given the power to apply for retirement of teachers. If a teacher in such a district becomes inefficient, trustees need not employ her. The request for retirement must be in the form prescribed by the retirement board, which will provide blanks for that purpose. Such proof as the board may require to show that an applicant has satisfied the requirements for retirement must be filed with the application. The retire- ment board must pass upon each request and determine whether or not it shall be granted. There are two conditions on which teachers may be retired. These are as follows : a A teacher must have taught in public schools for a period of twenty-five years. Such teacher must have taught the last fifteen of such twenty-five years in the public schools of those districts or cities to which this act applies. The law does not 284 NEW YORK SCHOOL LAW exact even that the first ten years of such service shall have been in the State. A teacher who meets these requirements and who has paid the required amount into the retirement fund may be retired. b A teacher who has become physically or mentally incapaci- tated may be retired by the board if she shows that she has taught in public schools for fifteen years and that the last nine years of such period of fifteen years she taught in the schools of the cities or districts to which this law applies. Where a teacher submits sufficient proof with her application to show that she satisfies these conditions, the board has discretion to grant the application for retirement. The question is raised as to the discretion of the board in cases of teachers who have complied with the provisions of sec- tion 1109 by showing the required period of service, etc. The bill does not provide nor does the language of the law contem- plate that all teachers upon rendering twenty-five years of ser- vice shall be retired. The law states that a teacher who satis- fies the conditions imposed by subdivision 1 of section 1100 f^kall be entitled to an annuity upon her retirement from actual service as such teacher. The law does not read that a teacher satisfying such conditions shall be retired, but it reads that vpon retirement she shall receive an annuity. The same provision is found in subdivision 2 of the same section. This provision of law reads that a teacher satisfying the conditions imposed therein may b-^ retired and upon her retireinent shall receive an annuity, etc. Then again subdivision 3 provides that, " The^ board shall pass upon all requests for retirement, and shall de- termine whether such requests should be granted." This lan- guage clearly implies a discretion on the part of the board. The retirement board will retire teachers after twenty-five years of service or more, provided good reason exists for such action. It will be necessary to establish to the satisfaction of this board that the physical condition of the teacher is such that she should be retired or that, because of her inefficiency at this period of life, it wiH be for the good of the school in which she is teaching that she should be retired. The law itself contains RETIREMENT OF TEACHERS 285 the reasonable provision that, if a teacher has become physically or mentally incapacitated after fifteen jears of service, she may on her application be retired. In other words, teachers will not be retired until they have become inefficient or incapacitated and their retirement is necessary for the efficiency of the ser- vice. If the retirement board should exercise an unwise dis- cretion in retiring teachers, the law contains the requisite rem- edy by providing for appeal under the usual judicial proceed- ing to the Commissioner of Education, to review the action of the retirement board. This proceeding could be instituted by any teacher within the territory to which the law applies or by any taxpayer of the State. 9 The annuity to which a teacher upon retirement shall be entitled is one-half of her average annual salary for the period of five years prior to the time of her retirement. An annuity in no case, however, shall exceed the sum of six hundred dollars. To be entitled to an annuity, a teacher must have paid into the retirement fund 50 per cent of her annuity. If this amount has not been paid at the time of her retirement, she may make a cash payment which, when added to her previous contributions to such fund, will equal 50 per cent of her annuity. If a teacher is not able to make such cash payment, the payment of her annuity may be withheld and credited to her payments until the portion of the annuity withheld shall equal the required 50 per cent of her annuity. Annuities will be paid quarterly and will date from the date on which the retirement board gives favorable action on an application. 10 Section 1109-b specifically provides that this law shall not apply to any county, city or district in which the teachers in the public schools are required or authorized to contribute to a teachers retirement fund, except upon a petition of two-thirds of all the teachers of such city or district, which petition must be duly signed and verified. In other words, if the teachers of Rochester desire to come under this act, two-thirds of all the teachers of such city must sign a petition duly verified and file such petition with the retirement board. But this section fur- ther provides that upon any local retirement organization taking such action, the organization or society created under the local 286 NEW YORK SCHOOL LAW act shall be dissolved and discontinued. If the teachers of the city of Rochester should therefore come under the law, their local retirement organization becomes dissolved and discon- tinued. The funds in their local treasury v^ould therefore be paid into the State treasury and credited to the State retirement fund for the purpose of meeting annuities which have already accrued under the provisions of the Rochester act. REVIEW QUESTIONS To what teachers does this law apply? To what superintendents? What board is created? By whom appointed? Describe the composition of the board. How are vacancies filled? How may members be removed? When is the annual meeting held? What are the general duties of such board? Who is custodian of the retirement fund? How must it be de- posited? Who determines upon such securities? Of what does the fund consist? What teachers are required to come under this law? What teachers may? Explain how contributions are paid. How may a teacher be retired in a union free school district? In a common school district? Who determines upon the retirement of a teacher? Explain each condi- tion upon which a teacher may be retired. What may be said upon the discretion of the board to retire a teacher? What relief has a teacher from the unjust action of the board? What annuity may a teacher re- ceive? To what sections of the State does not this law apply? How may the teachers of such sections come under the law? CHAPTER XXXI MEDICAL INSPECTION, PHYSICAL TRAINING, MILITARY INSTRUCTION [Article 28] MEDICAL INSPECTION General.— The Legislature of 1913 enacted a medical in- spection law, which applies to each school district and city of the State, except cities of the first class. Under the terms of this act, the power to supermtend and direct the medical inspection in public schools is the school authorities. The health authorities no longer possess juris- dirtion in relation to this subject. The law is mandatory, and makes it the duty of boards of education and school trustees to appoint necessary medical inspectors and nurses, and to see that this law is properly enforced. Medical Inspectors. — Persons appointed medical inspectors under this law must be physicians, licensed to practice in the State, and who have had at least two years such practice. A medical inspector must be a resident of the cityfor ^\hlch he is appointed. A medical inspector for a school district out- side a citv is not required to be a resident of such district. The nurses authorized under this law must be registered nurses, and licensed to practice as such. The law requires the board of education of each city to ap- point at least one medical inspector, and such additional in- spectors as mav be necessary for the proper enforcement of ihe law. Such board may also appoint as many school nurses as may be necessary. In a union free school district the board is required to ap- point one medical inspector. If such district has a population whir'i exceeds 5000, the board may appoint as many additional inspectors as are necessary to perform the work. The trustees of a common school district are required to employ a medical inspector, and the trustees of two or more districts may combine, and employ the same inspector. In such cases, the expense must be apportioned among the dis- tricts according to the assessed valuation of their taxable property. The o-eneral intent of the law is that in common school dis- 288 NEW YORK SCHOOL LAW tricts, or in an incorporated village having a health officer, the school authorities are to employ the health officer as medical inspector. This provision of the. law is not mandatory, and the sciiool authorities may employ some other phy<^i^i?in if in their judgment good reasons exist for such action. Health Certificate. — When school opens, or within thirty days thereafter, each pupil may present a health certificate issued by a physician of the parents' selection. If such certifi- cate is not presented within this time, the principal teacher should notify the parents of those pupils who have failed to present such certificate that if a certificate is not furnished within an additional thirty days, at the expiration of such period an examination of the pupils will be made by the medi- cal inspector. If a pupil fails to present the health certificate within this time, the medical inspector should then make an examination of the pupil. This health certificate must be issued by a physician licensed to practice medicine in this State, and on an examination made by such physician not more than thirty days prior to the date when the certificate is presented at school. These certificates should be retained in the school building until the close of school at the end of the school year, and should then be filed with the district clerk. In cities such certificates should be filed with the Superintendent of Schools. The expense of the examination of a pupil when made by the family physician must be paid by the parent, and may not be made a charge against the city or district. When the exam- ination is made by the medical inspector, no charge may be made against the parent. The law provides that a parent may waive his rights to furnish a health certificate, and in such case the medical in- spector having jurisdiction may make the required examination without waiting the sixty days required under the law. Eye and Ear Tests. — The school authorities are required to make a test of the eyes and ears of each pupil at least once a year. These tests should be made under the general guidance of the medical inspectors and nurses, but teachers may be called upon to assist. Pupils who present health certificates are not exempt from these tests by the school authorities. When an examination of the eyes or ears of a pupil disclose MEDICAL INSPECTION a defect in these organs, such additional tests should be made from time to time as the pupil's condition may rcqun-e. Medical Treatment for Children.— When an exannnation of a child by a medical inspector reveals a defect or dis:ibility which is an impediment to the normal or physical development of such child, the principal, or teacher, of the school should notify the parent of this defect or disability. It is then the duty of the parent to provide the relief or treatment which the child should receive. . If the parent fails to provide such relief or treatment, or ii he is not financially able to supply it, it then becomes the duty of Mip school authorities to provide the relief or treatment at the expense of the city or district. School authorities should insist in every case that a parent, if possible, shall provide such treatment as his child requires. The school authorities should know in every case where assistance is given that the parent is positivelv unable to meet the expense himself. A medical inspector should not incur any expense m pro- vidino- medical relief or treatment for a child, until an appro- priation for such expense has been duly authorized by the school authorities of the city or district. These authorities may provide for meeting this expense from the contingent fund, or any general funds of the district which have not been authorized for a specific purpose. A medical inspector cannot furnish pupils relief or treat- ment and receive compensation therefor, and a medical inspec- tor should not refer children needing relief or treatment to any particular physician, but parents should always be advised to take their children to their family physicians for such treat- ment as may be needed. Exclusion of Pupils from School.— Whenever a pupil in a public school shows symptoms of smallpox, scarlet fever, measles, chickenpox, tuberculosis, diphtheria, influenza, tonsi- litis, whooping-cough, mumps, scabies, trachoma, or other communicable disease he must be excluded from the school The school authorities should immediately take such pupil to his home in a safe and proper conveyance, and should im- mediately notify the health officer. A pupil who has been absent from school because of illness. or for unknown cause, may not be admitted to school again until he presents a certificate from the health officer, family physician, or the medical inspector. 290 NEW YORK SCHOOL LAW Teachers, Janitors and School Buildings. — The law requires the medical inspectors to examine all teachers and janitors employed in the public schools. It further provides that such inspectors shall examine all school buildings. Teachers and janitors may present a health certificate, in which case they are exempt from the examination by the medi- cal inspector. Penalty. — The law makes it the duty of the Commissioner of Education to enforce the provisions of the medical inspec- tion law, and he may, in his discretion, withhold public money from a district or city which wilfully refuses or neglects to enforce this law. PHYSICAL TRAINING General Provisions. — The Legislature of 1916 enacted a physical training law requiring that all children in attendance on the elementary and secondary schools above the age of eight years shall receive as a part of the prescribed course of instruction such physical training as the Regents of the Uni- versity shall require. This instruction must cover a period of at least twenty minutes in each school day. The Regents are given general power to prescribe regulations to govern the course of study, the qualifications of teachers, and for carrying out the recommendations of the military training commission. Under the military training law enacted by the sanle legisla- ture, a military training commission is established which is given advisory powers in connection with the physical train- ing given in the schools. The full responsibility for the en- forcement of the physical training law, however, is vested in the Board of Regents. Powers of Boards of Education. — Each city and each school district is given authority to employ a competent teacher to give instruction in physical training when there are sufficient pupils for this purpose. Boards of education or school trus- tees in two or more contiguous districts in the same super- visory district, when directed by the Commissioner of Educa- tion, may also employ jointly a teacher for giving such instruction. Private Schools. — The provisions of this law apply to pri- vate schools as well as to public schools, and all pupils over eight years of age in attendance on private schools must receive the same instruction in physical training that pupils receive in the public schools. If such instruction is not provided in private schools, children in attendance on such schools are not MILITARY INSTRUCTION 29I to be deemed as receiving instruction, under the compulsory education law, as substantially the equivalent of the instruc- tion given in public schools. State Aid. — The State is required to apportion to each dis- trict or city employing a teacher of physical training an amount equal to one-half the salary paid such teacher, provided that in no case shall the amount exceed $600. MILITARY INSTRUCTION Military Training Commission. — This commission, under the military training law^ of 1916, is composed of the Major- General of the National Guard, who is chairman of the com- mission, a member to be appointed by the Regents of the University, and a member to be appointed by the Governor. The appointed members are to serve four years. The members of this commission receive no compensation but are reimbursed for traveling expenses. Inspector of Physical Training. — The military training com- mission is authorized to appoint an inspector of physical train- ing, whose salary shall not exceed $5,000 per year, and such other assistants and clerks as are necessary at salaries to be fixed by the commission. This man is expected to advise and confer with the Regents of the University on courses of in- struction in physical training to be prescribed in the elemen- tary and secondary schools. The commission is required to recommend to the Board of Regents the establishment in the elementary and secondary schools of '' habits, customs and methods best adapted to develop correct physical posture and bearing, mental and physical alertness, self-control, disciplined initiative, sense of duty and the spirit of co-operation under leadership." Who Shall Receive Training. — This law does not apply to any agricultural college or any institution in this State which receives the benefits of the act of congress of July 2nd, 1862, providing for instruction in agriculture, the mechanic arts, and military training, and in which instruction in military tactics is now required of pupils. 1. Under the provisions of this law all boys above the age of sixteen and not over nineteen years who are pupils in public schools, private schools or colleges, unless otherwise exempt therefrom, are required to receive the military training pre- scribed b}^ the commission. 2. The^ law further provides that all boys above the age of sixteen and not over nineteen years who are not pupils in 292 NEW YORK SCHOOL LAW schools or colleges shall receive military training, except boys who are regularly and lawfully employed in any occupation for a livelihood. Boys who are thus employed may, however, volunteer to take such training. Period of Training. — The period of training required under this measure is three hours in each week during the school year or college year for boys who are pupils in public or private schools or colleges, and such training must be for three hours in each week between September i each year and June 15 following for boys who are not in attendance on such insti- tutions. This training must also be outside the time assigned for instruction in schools or colleges. Who May Give Such Instruction. — The instruction required under this law must be under the supervision of the military training commission. Only male teachers and physical in- structors of schools and colleges who are approved by the military training commission, or officers and enlisted men in the National Guard and Naval Militia or the United States Army, may be employed as instructors. Field Training. — The law further provides for field training for boys above the age of sixteen and not over nineteen years. For the purpose of providing this field training summer camps may be established and maintained. This training must be given during the summer months and must cover a period of not less than two or more than four weeks, as the commission may determine. No boy is entitled to enter one of these camps who is not accepted by the commission. The commission is required to give preference to boys in the following order: 1. Male pupils in attendance on the secondary schools during the preceding year; 2. Pupils in attendance at state agricultural schools and state agricultural colleges during the preceding year; 3. Other boys not included in the above. State and Other Property for Use of Camps. — It is required under the law that fair grounds throughout the State owned by societies which receive funds from the State shall be used for camps, on the request of the training commission, when such grounds are not in use for other purposes. If a society refuses to permit the use of its grounds for this purpose, the funds to which the society is entitled from the State shall be withheld. School authorities are also authorized to permit the use of school buildings and school grounds for the purposes of carry- ing out the provisions relating to military training. INDEX Page Academies transferred to trustees 65 Administration division 11 Appeals to commissioner of education 260 Arbor day: date of 269 duty of school authorities 269 history of 268 nature poem 269 program for 269 state flower 268 state tree 268 Attendance division 11 Board of education: admit non-resident pupils 126 adopt by-laws, regulations 123 annual meeting 114 application of school moneys by 170 appoint clerk 115 appoint collector 115 appoint superintendent 127 appoint treasurer 115 city and village authorities levy taxes 129 contingent expenses, how settled 129 control schools 125 corporate body 114 courses of study, provide for 123 custodian of property 124 disbursement of money by 130, 131 employ teachers 126 erect and repair buildings 124 expenses of members of boards attending educational meet- ings 132 file report with town clerk 131 fill vacancies in board 127 furniture and apparatus, purchase of 124 hold real estate in trust 125 insure school property 124 294 NEW YORK SCHOOL LAW Board of education — Continued. Page issue certificate of indebtedness 132 keep record of proceedings 128 levy tax without vote 129 may adopt an academy as an academic department 131 may hire school rooms and furnish them 124 may lease an academy 131 may sell property and exchange real estate 125 meetings of 130 money to be held by city or village treasurer 130 prescribe text-books 123 publish statement of receipts and disbursements 128 remove members of board 114, 127 remove teachers 126 report estimated expenses 128 select president of 115 stairways, etc 127 sites, purchase of 124 visitation of schools by 130 waterclosets 127 Bonds: bonds and mortgages 141 issue of 141 sale of 142 supervisors 142 treasurer and collector in union free school districts 115 Branch schools 100 Commissioner of education 10, 25-30 administer affidavits 28 annual reports 27 apportionment of school moneys 29 chief executive officer 26 deaf, dumb, and blind institutions 27 decide appeals 29 election of 25 eligibility 26 enforce compulsory education law 28 examination of teachers 29 general supervision 27 historical sketch 25 hold property in trust 29 Indian education 27 inspection of schools 27 issue stays, etc 29 list of normal graduates 2S INDEX 295 Commissioner of education — Continued. Pag« may open schools when authorities refuse to do so 30 normal schools 29 powers and duties 26 prepare registers, etc 28 prescribe regulations 30 removal of 26 remove school officers 28 revocation of certificates 28 salary 26 school libraries 29 term of office 26 trustee, etc 27 vacancy 9 Compulsory education: attendance officers 227 attendance upon evening school 223 character of instruction 224 commitments, expenses of 229 definition of terms 222 duty of parents, etc 224 employment of children in streets 231 employment certificates 226 evening school certificates 225 excuses for absence and tardiness 229 industrial training 229 inspectors of 230 misdemeanor of parents, etc 224 number days' attendance required 223 penalty for unlawful employment 226 permits and badges 231 record of attendance by teachers 227 school record certificates 225 state funds withheld 230 the act of 1874 222 truants, arrest of 228 truants, commitment of 229 truant schools 229 unlawful employment of children 226 where children may attend 224 who shall attend upon instruction 223 Contracts (see under "Teachers* Qualifications, etc.**). Contract system 184 Corporal punishment 210 County judge 55 296 NEW YORK SCHOOL LAW County treasurer: Page make annual report to commissioner of education 54 payment of school moneys 54 payment of unpaid taxes 54 require bonds of supervisor 54 should sue bond 54 Courses of study: agriculture 217 authority to adopt 178 authority of parents 179 authority of teachers 179 drawing I94 in normal schools 246 industrial training 217, 221 kindergarten 246 physiology and hygiene 179 religious exercises 182 subjects that may be included 178 subjects that must be included 178 vocal music i94 Deputy Commissioner of Education 10 Director of state library 11 Director of state museum 11 District attorney 55 District superintendent: administer oaths » ...» 44 appoint trustees 45 apportion school moneys 45 assemble teachers 45 call school meetings 45 certificate of election 38 condemn school buildings 43 divide territory into school districts 45 establish district boundaries 43 ■ examine and license teachers 44 expenses of 42 failure to elect 38 filling vacancy 39 how chosen 37 inspect trainmg classes . = 46 meeting of directors 38 meetings of school officers » 46 not to be mterested in certain business, etc 40 not to engage in other business 40 oath of office = 4^ order furniture supplied » 43 INDEX 297 District superintendent — Continued. Page order nuisance abated 43 order repairs 43 performing duties of another superintendent 42 powers and duties 42 proceedings of meeting of directors 38 qualifications of 39 recommend appointment of normal pupils 45 removal from office 41 reports 44 revocation of certificates 44 rooms for examinations 45 salary of 41 salary may be withheld 42 subject to regulations of commissioner , 45 supervision 42 take testimony in appeals 44 term of oflfice 39 vacancies 38 Drawing 194 Education code 267 Educational extension division 12 Examinations division 12 Expenditures by trustees without vote of district 160 Fire drills 211 Flag law 270 Free tuition law 186 Gospel and school lands 166 Holidays (legal) 169 Industrial education 217 Inspection divisions 13 Janitor's work 204 Kindergarten 132 Law division 13 Libraries: apportionment of money 272 books to consist of 274 books may be transferred to free library 274 commissioner may withhold money 273 expenditure of money 273 general supervision of 273 librarian 273 school authorities released 274 use of library 273 298 NEW YORK SCHOOL LAW Page Literature fund , . , o 167 Medical inspection , I33 Meetings in common school districts: annual school meetings 79 first meeting in new districts 75 special meetings TJ Meetings in union free school districts: date of 79 notice of 79 powers of annual and special meetings "j"^, 81 special meetings 78 Military instruction 291 Newsboys — permit, badge, etc 231 Normal schools: academic departments 248 application of insurance money 247 application of tuition 247 commissioner of education, powers and duties 245 courses of study 246 diplomas 247 historical sketch 243 how established 244 how governed ... 244 insurance of 247 local board, powers and duties 244 principal of 245 pupils, admission of 245 pupils, dismissal of 246 pupils, Indians 246 pupils, non-resident 246 pupils, privileges of 246 removal of teachers — the Hoose case 248 their object 243 Officers of common school districts: clerk 105, 107 collector 105, 108 librarian • no treasurer 105, 109 bar to recovery of penalty 106 election 105 eligibility of 105 filing and notice of appointing 106 notice of election 105 penalty for refusing to serve 106 removal from office o 107 INDEX 299 ©ifficers af common school districts — ContmiMd. Page treasurer — Continued. term of 105 vacancies 106 trustee: acceptance and refusal of office 92, 94 action of board, how determined 94 board of trustees 94 call special meeting to fill vacancy 95 corporate body 94 election of 89 election in districts having 300 children of school age 117 eligibility 89 failure to elect at annual meeting 92 filing appointment 93 may hold property as a corporation 94 meetings of board 95 notification of election 92 number of trustees determined 91 number of trustees increased 91 number of trustees reduced 91 penalty for refusal to serve or neglect of duty 93 powers of sole 94 prohibitions 89 removal from office 93 resignation 92 supplying vacancy 93 term of office of 90 vacancy in office 92 powers and duties of, in relation to: acts, misdemeanors 102 branch schools 100 control use of school building loi course of study q8 custody of property 98 employment of teachers 98 fuel and furniture gy insurance of library gg insurance of property 98 interest in contracts 10^ janitors, to provide 100 keep accounts joi liability of jq^ make annual report to district 102 make annual report to district superintendent --- 300 NEW YORK SCHOOL LAW Olficers of common school districts — Continued. Page powers and duties of, in relation to — Continued, moneys that may be received by 103 notice of meetings 97 nuisances, abatement of 99 pay balance to succesors in office 102 payment of teachers' salaries 98 purchase of school apparatus 100 purchase or lease school-house sites, etc 97 raise legal tax loi refusal to render account 102 removal of teachers 98 repair school-houses, staircases, etc 99 rules for discipline of school 98 tax lists and warrant to collector 97 waterclosets, to provide 99 Physical training 290 Physiology and hygiene requirements 179-182 Pupils: expulsion of 210 punishment of 210 right to attend school 59 suspension of 209 teachers, authority over 207 Regents: board of, etc 9 election powers, etc 9, 10 (See University of the State of New York.) Religious exercises in school loi Religious garb 205 Rural school supervision: district superintendent 37 historical development 31 school directors 34 supervisory districts 33 Retirement of teachers 248 Schools: attendance of non-residents 60 closing of 204 commissioner may open 30 common 59 for colored children 252 for deaf and dumb and blind 255 for Indians 253 for orphans 253 public 59 INDEX 3OT Schools — Continued. Pag« school register 28 union free cq who may attend 252 School buildings: condemnation of j^^ insurance of j^. location of , j 07 outbuildings j . r payments by installments j^o payments, report of J42 plans, approval of j ^g repairs of j^- sale of J44 stairways, outside of j^^ tax for erection of j^g use of j^4 School census: census board , 21c; census required 2'xe. expenses 237 in cities 236 in school districts 237 officers 235 parents to report 236 withholding information 237 School directors: ballots , .« filing certificates of nomination 3 . filling vacancy ^y meeting of g notice of election ^j. number of oath of office ^- proceeding of meeting ^g salary , term of office 3- vacancies ^- when and how chosen ^ women not to vote . . . „ «- School districts : adjustment of aflFairs of dissolved . . . „ 5^ alteration of " * go classes of common , ^^ * * * ' ' 59 302 NEW YORK SCHOOL LAW Schoo) districts — Continued. Pag« constitutional provision 58 definition of 59 description of 60 dissolution of , 61 division of territory in 58 formation and dissolution of joint 60 joint 59 number of 58 origin of 58 outstanding moneys of dissolved 67 property of dissolved 67 records of 68 union free 59 School hours 204 School libraries division 14 School moneys: allowance to excluded districts 170 annual apportionment 169 application of state funds 170 apportionment on attendance : 175 apportionment of fines 173 apportionment to joint districts 174 apportionment of library money 174 certificates of apportionment filed 172 superintendent's certificate of apportionment 173 superintendent's certificate to supervisors 173 common school fund 164 correcting erroneous apportionment 174 date of apportionment 172 different funds 164 districts entitled to share in apportionment 174 district quota set apart 172 district and teachers' quotas 169 enumeration of inhabitants for supervision quota 168 filing certificate of apportionment 174 free school fund 165 industrial education quotas , 170 moneys apportioned may be reclaimed 171 payments of quota on unqualified teachers 171 payments of school moneys to supervisors 174 state funds withheld » 171, 181 state school moneys defined 168 supplemental apportionment » 172 supervision quotas 168 INDEX 303 School moneys — Contimied. Page training class quotas o 170 unexpended moneys in hands of supervisors 173 United States deposit fund , 165 when payable 172 School savings banks 188 School year 59 Sites: acquisition of 136 change of 135 designation of 135, 137 improvement of 135 sale of 136 • tax for 135 transfer of title 136 State education building 14 State education department 9-15 assistant commissioners 10 chiefs of divisions 11 commissioner of education 10, 25-30 falsely representing, etc - 15 historical sketch 9 State scholarships in Cornell University: competitive examinations for 240 eligibility 241 entrance examinations 241 how awarded 240 leave of absence 242 number of 240 origin of 239 scholarship privileges 241 vacancies in 241 Statistics division 14 Supervisors: accounts of receipts and disbursements 5® annual return of school moneys 49 disburse school moneys 49 fees for paying out school money 51 filing statements of accounts 50 fix valuation of property 51 formation and alteration of school districts 51 member of local board to fix district boundaries 51 obtain funds from predecessor 50 payment to collector or treasurer 09 payment to union free school districts 50 304 NEW YORK SCHOOL LAW Supervisors — Continued. Page records of receipts and disbursements 50 recover penalties and forfeitures 50 trustees of gospel and school lands 49 Supervisory districts: call and organization of meeting 34 how organized 33 number of 33 record of proceedings , 34 territory embraced , 33 Taxes: amendment of tax list « , 158 apportionment on personal property 152 apportionment on real estate 149 assessment of 148 assessment of bank stock 151 assessment of non-resident real estate 150 assessment of property by trustees 154 assessment of real estate lying in one body 149 collection of unpaid 159 exempt from taxation for school building 155 filing tax list and warrants 158 form of heading for tax list 148 form of tax list 149 notice of receiving taxes 156 on land worked on shares 155 on property in possession under contract 155 payment of unpaid taxes by county 160 property exempt from taxation 152 return of collector on unpaid 159 tax of tenant chargeable to landlord 155 trustees may sue collector's bond 158 trustees may sue for tax 158 valuation equalized by supervisors 154 valuation, how reduced 153 valuation of property IS3 warrants for collection of 156 warrants, renewal of 158 Teachers* institutes: by whom appointed 280 conductors of 280 duty of district superintendent in relation to 281 excused from attendance 283 expense of 281 failure to attend 283 INDEX 305 Teachers* institutes — Continued. Page failure to close school during 282 notice of 281 origin 280 payment lor attendance 283 regulations for 281 school must be closed during 282 time and place of : 280 use of school buildings for 282 visitation of 281 who shall attend 282 Teachers, qualifications of, powers and duties, etc.: age of 192 authority over pupil 207 by whom employed 200 certificates: academic 195 college graduate 192 drawing 194 elementary 194 first grade 193 general 195 indorsement by district superintendent 196 indorsement by commissioner of education 196 kindergarten , 194 normal school diplomas , 193 revocation of 197 state 192 superintendents may refuse to issue 195 temporary license 195 .raining class , 194 Training school . . o 194 miform . . » . . . 193 vocal music 194 closing school 204 contract, form of .■ 201 contracts with minors 199 contracts with married women 200 contracts with relatives 200 dismissal of 202 duty in relation to fire drills 211 employment of. in cities » ........... « 208 enforcement of payments 205 must accept orders on supervisors and collector or treasurer. . 202 must keep record of attendance 203 306 NEW YORK SCHOOL LAW Teachers, qualifications of, powers and duues, etc. — Con, Page must verify register 203 payment of unqualified 197 payment when school is closed 202 pensioned 248 period of employment . . .• 200 rules and regulations for 204 wearing religious garb 205 when compensation is due 201 when illness prevents teaching 206 who are legally qualified to teach 192 who mny contract 199 Teachers' retirement 2S1 Teachers' training classes: compensation allowed 277 designation of institutions for 276 duty of district superintendent in relation to 278 historical sketch 276 institutions v/hich may organize them 276 number of pupils in class 277 object of 276 period of instruction 277 quota 170 regulations for classes 278 training class certificates 278 training class fund 278 tuition 277 Teachers' training schools 27^ Text-books: adoption of 266 adoption in union free schools 266 change of 266 fine, how collected 267 free text-books 267 penalty for violations 267 supplying pupils with 267 Town clerks: assist in formation of district 53 distribute documents 52 file bonds of treasurer and collector S3 file records of district 53 file treasurer's certificate 53 final accounts 52 members of local board to fix district boundaries 52 obtain reports of trustees 52 payment and expenses of 53 INDEX 307 Town clerks — Continued. Page preserve records 51 record annual accounts 52 record of apportionment 52 report list of officers to district superintendent 52 Trade schools division 14 Union free school districts: alteration of boundaries by district superintendents 64 annexation of common school districts to 64 annual meeting of districts thus formed 66 bonds of treasurer and collector in 116 call of meeting to form 61 consolidation • • • • 62 date of annual meeting 79, 114 designation of site 135 disposition of money on hand 66 dissolution of 64 divide district , 65 division of dissolved districts 65 election of officers in districts having 300 or more children.. 117 election of trustees in 117 expenses of notices 63 failure to notify all voters > 62. 78 failure to organize 63 filing of papers and proceedings 63 history of 59 how formed 61 librarian 116 may borrow money and issue bonds 141 notice of sale of bonds 142 notice of meeting 62, 79, 118 notice of tax proposed for school buildings 141 notification of commissioner of education 66 number required at meeting 63 number of trustees in 112 procedure of meeting 63 special meetings 78 special powers , 78 tax for teacher's salary 129 term of trustees 113 trustees classified 11^^; trustees, eligibility of 113 trustees form board of education 1 1^ trustees, removal from office 11^ trustees, vacancy in 1 14, 12; 308 NEW YORK SCHOOL LAW Union free school districts — Continued. Ir'age vote on expenditure of money 128, 141 who may vote for officers in 116 women, right of, to vote in 116 University of the State of New York: chancellor and vice-chancellor 16 charters educational institutions * 16 chief functions ' 16 credentials of 18-23 crimes under university law 17 degree conferring institutions 17 organization 16 Vaccination 190 Visual instruction division 14 Voters: challenge of 85, 119 decision of education department in relation to 86 general qiialifica*:ions 84 penalty for illegal voting 86, 119 residence of 85 special qualifications 84 women, ri-^ht to vote ...8=;. 116 LIBRARY OF CONGRESS ^ iir"""'""'"' ' "■" ® 020 312 181 7