Committee of Seventy Report of 5ub=Com m i ttee Public £chool System. Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library New York, December 15, 1894, A. C. Bernheim, Esq., Chairman. Sir: The undersigned, being the sub-committee ap- pointed on the authority of the Committee of Seventy, to consider and report upon the needs of the public school system of the city, have the honor to transmit their report herewith. Respectfully, Stephen H. Olin, Henry L. Sprague, John B. Pine, AVm. W. Locke, Nicholas Murray Butler, Committee, In .N5 CM Digitized by the Internet i ^chive in 2013 http://archive.org/details/reportofsubcommiOOcomm COMMITTEE OF SEVENTY. Report of the Special Committee on the Public School System. New York, December 15, 1894. To the Committee of Seventy: The address to the people of the City of New York issued by the Committee of Seventy in Sep- tember last, contained the following paragraph: "We demand that the quality of the public schools be improved, their capacity enlarged and proper playgrounds provided, so that every child within the ages required by law shall have admission to the schools, the health of the children be protected, and that all such modern improve- ments be introduced as wall make our public schools the equal of those in any other city in the world." The undersigned, being a special committee ap- pointed by the authority of the Committee of Sev- enty to consider and report upon the best method of attaining the ends indicated in the paragraph just cited, respectfully submit the following report. The wise and progressive administration of a municipal school system requires clearly defined 4 powers and responsibilities on the part of those charged with its oversight and conduct. Demands for reform and improvement may then be addressed to such authorities with the certainty that, if not responded to, the responsibility for action or in action may be definitely fixed. That such clearly defined powers and responsibilities do not exist at present in the public school system of the city of JNew York is a well known fact, and this of itself renders extremely difficult or even impossible the reforms contemplated by the Committee of Seventy. The first step, then, must be to secure such legisla- tion as will simplify the existing system of admin- istration. The statutes governing the schools of New York City have not been revised for nearly fifty years. From time to time changes have been made until the law has become a fortuitous assem- blage of incoherent provisions. It is bad in theory and has been proved to work badly in its practical operation. Power is distributed among different boards and officials, as each in turn has found favor in the sight of the Legislature. There is much friction; there is no well defined responsibility. The schools have not been and cannot be well administered under so defective a law. So clear has this fact become that in 1803 an act was passed providing that the Mayor should appoint a com- mission to prepare and report to the Legislature a comprehensive revision of the laws affecting com- mon schools and public education in the City of New Voik. including such alterations in existing laws and such new enactments as they might deem necessary and to the advantage of the said schools. Mayor GKlroy appointed as such commission Messrs. E. Ellery Anderson, David McClure, Oscar s. Straus, Stephen II. Oliu and Thomas Hunter, 5 and they, on March 10th, 1894, made their report accompanied by a bill. This report was widely discussed at the time both in the community and by the press, and met with general commendation. The bill of the Commission was examined by the Board of Education, and several amendments were suggested by that body. After conference between the Commission and a committee of the Board, some of these amendments were incorporated in the bill. An amended bill was prepared which was then unanimously approved by the Board of Education. This bill was presented to the Legisla- ture of 1894, but so late in the session that it received no consideration. In view of the care with which this bill was prepared, and the wide-spread approval that it had gained, we have given it most careful examination. On the whole, and with a single exception to be mentioned below, we find it to be a measure of great merit, and its enactment into law would be a long step forward in the improvement of the Public Schools. This bill proceeds upon correct and well established principles. It accords with the best modern views of municipal school organization, and it introduces methods of administration that have proved successful elsewhere. Every change that it makes in the existing law is an improvement. If it does not in all respects reach the highest possible standard, it makes, in our opinion, as near an approach to it as we can at this time reasonably hope to obtain. The fundamental principles upon which this bill proceeds are: 1. The maintenance of a Board of Education of moderate size, appointed by the Mayor without re- gard to political considerations or local political 6 divisions. This Board, directly representative of the people of the City of New York, is the ultimate source of all authority in the school administration. The powers of the present Board of Education are increased, but its labor is diminished by the pro- visions freeing it from the petty details of admin- istration, and its functions are chiefly those of supervision and business administration. 2. The creation, in the Board of Superintendents, of a permanent, dignified and responsible body of trained experts, to whom is committed the educa- tional administration of the schools. In this Board is the chief merit and hope of the proposed system. The Board of Education will have no more respon- sible duty to perform than the selection of educa- ted, trained and experienced men and women as superintendents. 3. The provision that principals and teachers shall be nominated by the Board or Superinten- dents from an eligible list, admission to which will involve an adequate examination both in scholarship and in professional knowledge, and shall be appointed only on such nomination by the Board of Education. Under this system it will be difficult for any but educational considerations to influence the selection of teachers. 4. The complete separation of the business from the educational administration, and the assignment of each to a single responsible authority. The Superintendent of Buildings and Supplies will have charge of the school buildings and the pur- chase of supplies, thus relieving the Board of Edu- ction on the one hand, and the Trustees on the other, of duties strictly executive. 5. The abolition of the present Inspectors of Schoolsand of t ho present powers of the Ward Trus- 7 tees, both having been a demonstrated interference with progressive and efficient administration, and both being relics of a system long since outgrown. The present powers of the Ward Trustees are a sur- vival from the time when no central authority had been created; and they exist, not because they are reasonable or of advantage to the Schools, but be- cause the dispensers of patronage have been loth to give it up and have successfully resisted all attempts to take it from them. The bill recommended here- with contains the provision as to Trustees origin- ally framed by Mayor Gilroy's Commission, and not that put into the amended bill as the result of conference with the Board of Education. This is the one material feature in which the bill recom- mended herewith differs from that approved by the Board of Education in April last. It is proper to add that the change made in the Commission's bill at the request of the Board of Education prob- ably had no motive except the desire to prevent opposition on the part of the Trustees to the other features of the bill. It is our proposal that the Trustees be retained with powers of visitation and inspection. We provide for their appointment in districts, each of which is to contain three Schools, and, once relieved from the unnecessary and inappropriate duties that now devolve upon them, these Boards of Trustees may reasonably be expected to attract to their membership intelligent men and women whose frequent presence in the Schools and constant association with the teachers and pupils would be of great public benefit. Should the proposed bill become a law the teachers will retain their fixed tenure and all of the benefits now provided by law, and they will gain in dignity 8 and independence by freedom from the harassing control of local trustees and by reason of the increased authority given to the trained educators who will direct and supervise the work of instruc- tion. The public school teachers retirement fund Act (Chapter 296, Laws of 1894) is put into the pro- posed bill (Section 33) without change, in order that the codification of existing law may be complete. Under the proposed system prompt and hopef nl appeal may be made by those interested, to the aurhorities created by the bill, for the extension of Kindergarten and manual training instruction, for increased directness and efficiency of supervision, for the provision of adequate and proper school accommodations, for the provision of play-grounds, for vacation schools, and for the improvement of the sanitary conditions of the school buildings. Our attention has also been called to the need of a periodical census of the children of school age. This is an important question and one that invol- ves State as well as City interests. We will take it into careful consideration and ask leave to submit a special report upon it at a later date. We urge that the bill reported herewith be presented to the Legislature and recommended for adoption. It may fairly be deemed an expression of the deliberate will of the entire community. It was originally dra wn by a Commission created by the Legislature and appointed by the Mayor. It was unanimously approved, except as to the one point above noted, by the Board of Education. Il has been widely discussed and has, so far as we arc aware, met with no opposition except from those who have a personal interest in the con- 9 tinuance of existing abuses. It is reasonable to expect that with such a body of opinion in its favor the bill may become law and go into operation with the good wishes and co-operation of every friend of public education. Respectfully submitted. Stephen H. Olin, Henry L. Sprague, John B. Pine, Wm. W. Locke, Nicholas Murray Butler, Committee. John C. Clark, Secretary. AN ACT In Relation to the Common Schools and Public Education in the City of New York. The people of the State of JVezo York, represented in Senate and Assembly, do enact as follows: Section \. There shall be in the City of New York a Board of Education, which shall, under that designation, have full control of the public schools and public school system of the City, subject only to the general statutes of the State upon education and to the provisions in this Act contained. There shall be a Board of School Superintendents, a Su- perintendent of School Buildings and Supplies, and Trustees of School Districts, as hereinafter in this Act provided. Section 2. The Board of Education shall con- sist of twenty-one Commissioners of Common Schools, appointed by the Mayor. The term of office of the present Commissioners of Common schools shall continue during the times for which they have been respectively appointed. On the third Wednesday of November in every year, the Mayor shall appoint seven Commissioners of Com- mon Schools, who shall take office on the first day of January next succeeding and hold office for the term of three years and until their successors are V2 appointed. Any vacancy in the said office of Com- missioners of Common Schools, by death, resigna- tion, or otherwise, shall be lilled by appointment by the Mayor for the remainder of the unexpired term. Said Commissioners shall hold no office of emolument under either the City, State or Naiional Governments, except offices of Notary Public, Com- missioner of Deeds and in the National Guard. Section 3. The members of the Board of Educa- tion shall meet on the second Wednesday in Jan- uary in each year, for the purpose of organization, and thereafter for the transaction of business as often as they may determine. They shall elect one of their number President, and shall appoint a Clerk, and as many Assistant Clerks and other officers for the transaction of the business of the Board as may be necessary, who shall severally hold their offices during the pleasure of the Board, and whose respective duties, powers and compen- sation shall be regulated and determined by the Board. Section 4. At the first regular meeting in the month of June, 1895, and at the first regular meet- ing in the month of June in each fifth year thereafter, the Board of Education shall appoint & City Superintendent of Schools, to hold office for the term of five years, and until his successor is appointed. At the same said meeting in June, 1895, the Board of Education shall appoint twenty Division Superintendents of Schools, of whom four shall be appointed to hold office for the term of one year, four shall be appointed to hold office for the term of two years, four shall be appointed to hold office for the term of three years, four shall be appointed to hold office for the term of four years, and four shall be ap- pointed to hold office for the term of five years. IB At the first regular meeting in the month of June of each year, beginning with the year 1896, the Board of Education shall appoint four Division Superintendents of Schools, each of whom shall be appointed to hold office for the term of live years. No person shall be eligible for the position of City Superintendent or Division Superintendent of Schools unless such person shall have been a professor in one of the colleges or higher educa- tional institutions of this country for a period of three years, or shall have had charge of a graded school for a like period, or shall have been a first assistant in such graded school for live years. But nothing in this Act shall prevent the reappoint- ment of the Superintendent or Assistant Superin tendents now in office. Said City Superintendent and Division Superintendents shall each be sub- ject to removal by a majority of all the members of the Board of Education, on complaint, for cause •stated, and shall receive such compensation as the Board of Education may determine, which shall not be decreased during the term of office of any incumbent. Any vacancy in the said offices of City Superintendent or Division Superinten- dents, by death, resignation or otherwise, shall be tilled by appointment by the Board of Education for the remainder of the unexpired term. Section 5. At the h'rst regular meeting in the month of June, 1895, said Board of Education shall divide the City of New York into twenty School Divisions, which shall be continuous and contiguous, each one of which shall contain sub- stantially one-twentieth part of the population of the whole City. Each of said School Divisions shall thereupon be subdivided by said Board into districts, each of which shall contain not more than three school buildings. Said Board shall have 14 power from time to time as may be necessary to al- ter and rearrange said divisions and districts. Section 6. At a regular meeting in the month of September, 1895, the Board of Education shall ap- point three Trustees for each district, of whom one shall be appointed to hold office until the first day of January, 1897, one shall be appointed to hold of- fice until the first day of January, 1898, and one shall be appointed to hold office until the first day of January, 1899. On the first Wednesday in December, of each year after 1895 the Board of Education shall appoint one Trustee for each dis- trict to hold office for the term of three years from the first day of January then next. Said Trustees shall be residents of the division in which they are severally appointed, or have their place of business therein, and reside in the City of New York. Every Trustee removing from the division in which he was appointed shall thereby vacate his office. Any vacancy in the said office of Trustee of Common Schools, by death, resignation or otherwise, shall be rilled by the Board of Education for the unex- pired term. The term of office of the present Trustees shall end and their official functions cease and the present Boards of Trustees be abolished on the first day of July, 1895. Section 7. The term of office of the present In- spectors of Common Schools shall end and their official functions cease, and said office be abolished oil t he first day of July, 1895. SECTION 8. The Board of Education shall have power and it shall be the duty of said Board: I. To take and hold property, both real and per- sonal, devised or transferred to it for the purpose of Public Education in the City of New York. 15 2. To appoint principals and teachers for the schools under its control, -upon the written nomina- tion of a majority of the Board of School Superin- tendents, stating that the nomination was agreed to at a meeting of that Eoard, at which a majority of the whole number in office were present. In case the person nominated for the position of principal is not appointed by the Board of Educa- tion at either the first or second regular meeting of the Board after such nomination shall have been made and notice thereof given to the Board, the said Board of Education shall, immediately after such second meeting, or it may at any time prior thereto, in its discretion , return such nomination to the Board of School Superintendents, who shall forthwith make a new nomination and give notice thereof to the Board of Education, whose duty it shall be to approve or reject the same without de- lay. Such return and renomination shall be con- tinued until the Board of Education shall appoint a principal so nominated. In case a person nominated for the position of teacher is not appointed by the Board of Education within fourteen days after notice of such nomina- tion shall have been given, the said Board shall, im- mediately after the expiration of that time, or sooner, return the same to the Board of School Superintendents, who shall forthwith make a new nomination, and it shall be the duty of the Board of Education to appoint or reject such new nomi- nation without delay. Such return and re-nomina- tion shall be continued until the Board of Educa- tion appoints a teacher so nominated. 3. Any principal or teacher may be removed by a majority vote of all the members of the Board of Education, on complaint, for cause stated. The Board of Education shall have power, upon the 16 recommendation of the City Superintendent, to transfer principals and teachers from any school to any other school in the city, and also the power to promote teachers, subject to the rules and regu- lations applicable to such transfers and promotions. The Board of Education shall prescribe rules and regulations applicable to the promotion of teach- ers. Such rules shall provide that as nearly as may be promotions shall be based upon merit and length of service, and shall also provide — that ex- cept in cases in which, in the judgment of the Board, different action shall be required in order to obtain effective service, no efficient teacher shall be super- seded by one of inferior rank. The Board of Edu- cation shall provide by rules and regulations for transfers of principals and teachers, but such transfers shall not be made in cases where the transfer shall effect a reduction in the compensa- tion of the person so transferred without his con- sent. All promotions and transfers made by the Board shall forthwith be reported to the Board of Superintendents. 4. The Board of Education shall have full con- trol of all moneys applicable to the purposes of the schools which are subject to the provisions of this act: shall determine the amounts to be expended for the salaries of principals and teachers, and from time to time shall also determine the amount to be allowed for the purpose of defraying all ex- penses incurred by the Superintendent of School Buildings and Supplies for the salaries of his De- partment, the repairs of buildings, for supplies, books, stationery and furniture required for the various buildings in his charge, and for other ne- cessary requirements of his office; and for the said purposes the Board shall have power to draw from the moneys which shall be raised for the purposes 17 of public education such sums as may be required Mierefor and for the purpose of defraying the ne- cessary incideutal expenses of the Board, and such further sums as may be required for the payment of the salaries of such clerks and other officers as may be appointed by virtue of the authority vested in the Board, and of such other expenses as may be necessarily incurred by the Board in pursuance of the provisions of this act. The Board of Edu- cation shall apportion all the school moneys which shall have been raised for the purposes of meeting the current annual expenses of public instruction to the schools entitled to participate therein, and shall file with the Chamberlain of said city, on or before the first Monday of each year, a copy of their apportionment, stating the amount apportioned to the said schools. But all the powers given to the said Board of Education by this fourth subdi- vision of section 8 shall be subject to the powers of the Board of Estimate and Apportionment under existing laws and as defined in section 189, title 5, of chapter VI, being part of chapter 410 of the Laws of 1882. 5. To visit and examine the schools subject to the provisions of this act. 6. To make rules of order and by-laws for the government of the Board, its members and com- mittees, and general regulations to secure proper economy and accountability in the expenditure of the school moneys. The said regulations shall prescribe the period of all advertising for contracts to be entered into by the Board of Education or by the Superintendent of School Buildings and Sup- plies, the rules which are to determine the accept- ance or rejection of all bids made for the work, labor or materials advertised for, and shall also 18 prescribe the security to be required to insure the performance of such contract. 7. To use and control the premises known as the Hall of the Board of Education, at the corner of Grand and Elm Streets, and any other building to be occupied for the like purpose; to make all the repairs, alterations and additions in and to the same which the Board may dee;n advisable, and to provide such additional sites and buildings as may be necessary, the title to which property shall in all cases be vested in the Mayor, Aldermen and Commonalty of the City of New York. 8. To dispose of such personal property used in the schools or other buildings under the charge of the Board as the Division Superintendent of Schools in charge of the division in which said property is located, shall certify is no longer re- quired for use therein, with the approval of the City Superintendent of schools, and all moneys realized by the sale of any such property snail be paid into the City Treasury, and shall be at once appropriated by the Board of Estimate and Ap- portionment of said City to the said Board of Edu- cation, for the purpose of purchasing other pro- perty or erecting other school buildings for new schools, the establishment of which shall have been authorized by law. 9. To remove from office any school officer who shall have been directly or indirectly inter- ested in the furnishing of any supplies or materials, <))• in the doing of any work or labor, or in the sale or leasing of any real estate, or in any proposal, agreement or contract for any of these purposes, in any case in which the price or consideration is to be paid in w hole or in part, or directly or indirectly, out of any school moneys, or who shall have re- 19 ceived, from any source whatever, any commission or other compensation in connection with any of the matters aforesaid; and any school officer who shall violate the preceding provisions of this sec- tion shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a tine not exceeding one thousand dollars and im- prisonment in the city prison not exceeding one year, and shall also be ineligible to any school office. The Board shall have power to remove from office any school officer who shall have been guilty of immoral or disgraceful conduct in any matter connected with his official duties, or which tends to discredit his office or the school system. If one or more school officers or taxpayers of the City of New York shall present a written charge to the Board of Education, accusing any school officer of a violation of, or a liability to, any of the provisions of this section, it shall be the duty of the said Board to cause the same to be fully in- vestigated. All testimony taken upon any investi- gation, or in proceedings for removal, or upon the hearing of any appeal by a teacher, shall be under oath; and the New York Supreme Court shall have power, upon the application of the Board of Education, to compel any witness who may be summoned to appear and testify before the said Board or any Committee thereof. 10. By a vote of two-thirds of the Board of Edu- cation to establish, from time to time, any Kinder- garten, Primary, Grammar, High, Evening School, or other school which may to the said Board seem p ro P er ; and by a like vote, to discontinue any school now existing or so established. So soon as such discontinuance shall take effect, the Comptroller of the City shall be notified thereof by the said Board, and the said school-house and 20 site may thereupon be used or disposed of as a part of the general property of the city, and the proceeds thereof shall be at once appropriated by the Board of Estimate and Apportionment of said city to the said Board of Education for the pur- pose of purchasing other property or erecting other school buildings for new schools, the establishment of which shall have been authorized according to law. 11. And for the purposes of this Act the said Board shall possess the powers and privileges of a corporation. 12. To make and transmit, between the fifteenth day of January and the first day of February in each year, to the State Superintendent of Public Instruction and to the Mayor of the City of New York, a report in writing, bearing date on the thirty-first day of December next preceding, stat- ing the whole number of schools within their juris- diction, the schools or societies from which reports shall have been made to the Board of Education within the time limited for that purpose; the length of time such schools shall have been kept open; the amount of public money apportioned or appro- priated to said school or society ; the number taught in each school; the whole amount of money drawn from the City Chamberlain for the purposes of public education during the year ending at the date of their report, distinguishing the amount re- ceived from the general fund of the state, and from all other and what sources; the manner in which such moneys shall have been expended; and such other information as the State Superintendent of Public Instruction may, from time to time, require in re- lation to common school education in the City and County of New York; and the report which the Board of Education, is hereby required to make 21 shall be held and taken to be a full compliance with every law requiring a report from the said Board, or any officer of the City and County of New York, except the City Superintendent, re- lative to the schools in said City. If the Board of Education shall neglect to make such annual re- port within the time limited, the share of school moneys apportioned to the City and County of New York, may, in the discretion of the State Su- perintendent of Public Instruction, be withheld until a suitable report shall have been rendered. 13. By general rules and regulations to provide the proper classification of salaries, and, upon the recommendation of the Board of Superintendents to regulate the courses of studies and provide the proper classification of scholars, and to provide for special classes for the purpose of giving instruction in the English language to foreigners whose ages or avocations are such as to prevent their attend- ing the Grammar, Primary or Evening Schools. 14. To prescribe the length of the terms of study, the duration of vacations and the number of holi- days. 15. It shall be the duty of the Commissioners of Common Schools to visit and examine all the schools entitled to participate in the apportionment. It shall also be their duty to attend all meetings of the Board of Education. If any Commissioner shall refuse or neglect to attend any three succes-^ sive meetings of the Board, after having been per- sonally notified to attend, and if no satisfactory cause for his non-attendance is shown, the Board may declare his office vacant. Section 9. Whenever the said Board of Educa- tion shall determine, in conformity with the pro- visions of this act, to establish a school or schools 22 in any of the divisions of the said city, it shall be lawful for the Board of Education to proceed to or ganize such school or schools, and to procure a school-house, by purchasing or hiring the same, or by procuring a site and erecting a building there on, according to plans, specifications and contracts, which shall have been duly prepared by the Super- intendent of Buildings and Supplies, and tiled with and approved by the Board of Education, the erec- tion of which said building, and the fitting up there- of, and the fitting up of any hired building, shall be done by contract, proposals for which shall be ad- vertised for two weeks jjrevious to deciding upon estimates thereon. Section 10. The City Superintendent of Schools and the Division Superintendents of Schools shall together constitute the Board of School Superin- tendents. The City Superintendent of Schools shall be President of said Board, and it shall keep a record of its transactions. It shall meet at least four times in each month, and as often as may be necessary. Section 11. Said Board of School Superintend- ents shall recommend to the Board of Education the courses of study, the subdivision of the vari- ous subjects of instruction, and the length of the sessions, and shall have the general direction of all the classes, scholars, principals and teachers, sub- ject to the provisions in this act contained. The City Superintendent of Schools shall be directly responsible to the Board of Education for the man- agement of these matters. Section 12. The Board of School Superintend- ents shall have power, and it shall be the duty of t he said Boards 1. To nominate to the Board of Education prill- 23 cipals and teachers, as provided in Section S, sub- division 2, hereof. 2. The Board of Superintendents shall keep a list of all the teachers in the service of the Board of Ed- ucation, with the dates of their appointment, the marks received at the examinations, and their standing as regards regularity and punctuality of attendance. Such lists shall be open to the inspec- tion of teachers, Trustees and members of the Board of Education. It shall be the duty of the Bo&M of School Superintendents to recommend to the Board of Education teachers for promotion or for transfer, in conformity with the rules and reg- ulations applicable to promotions and transfers. Suction" 13. The City Superintendent of Schools shall have power and it shall be his duty : 1. To assign a Division Superintendent of Schools to each of the school divisions of the city, and from time to time to change such assignment; and each Division Superintendent so assigned shall be re- sponsible to the City Superintendent of Schools for all matters in his particular division over which the Board of Superintendents has supervision. 2. To visit every school under the charge of the Board of Education; to inquire into all matters re- lating to the government, course of instruction, books, studies, discipline and conduct of such schools, and the condition of the school-houses and of the schools generally, and to examine, as- certain and report to the Board of Education whether the provisions of the act, in relation to religious sectarian teaching and books, have been violated in any of the schools; and to make a monthly report to the Board of Education, stating which of the schools have been visited, and adding such comments, in respect to the matters above 24 specified, as he may consider necessary and ad vis- able; and to transmit to the respective District Trustees copies of so much of such reports as re lates to schools in their district. 3. Under such rules and regulations as the Board of Education may establish to examine into the qualifications of persons proposed as teachers in any of the schools under the charge of the Board. Such examinations shall be conducted by the City Superintendent of Schools or such of the Division Superintendents as may be designated by him. Licenses shall be granted to those persons found on such examinations to be entitled thereto, which shall be in the forms prescribed by the by-laws of the Board of Education and shall be signed by the City Superintendent of Schools. No person shall teach in any public school in the City who has not such license, nor shall any unlicensed or susj~)ended teacher have any claim on the City for salary. It shall be the duty- of said Board of Superintendents, subject to such general regulations as may be adopt- ed by the Board of Education, to prepare and keep an eligible list of persons qualified, after due ser- vice in the schools, for appointment as teachers, and no person shall be appointed a teacher whose name does not appear upon the said list. 4. Any teacher may be suspended by the written certificate of the City Superintendent of Schools for any cause affecting the morality or competency of the teacher, arid such suspension shall take effect immediately. Such certificate of suspension shall be immediately filed in the office of the Clerk of the Board of Education, and notice thereof given to llic s;iid teacher. The Board of Education shall hike such action as it may deem proper. If the Board of Education shall reverse the action of the City Superintendent of Schools, the teacher shall 25 be restored to all his rights and be entitled to re- receive any salary which may have been withheld. If the Board of Education shall approve the action of the City Superintendent of Schools, the teacher may be removed by a majority vote of all the mem- bers of said Board, and the City Superintendent of Schools may revoke his license. Any teacher whose license has been revoked may appeal to the State Superintendent of Public In- struction, within ten days after service of a copy of a certificate of revocation, by the service of a writ- ten notice of appeal upon the City Superintendent; and upon said appeal the said State Superintendent shall have power to affirm the action of the City Superintendent or to direct the restoration of the license; but such restoration shall not replace the teacher in the position from which he has been removed. The City Superintendent, in his annual report to the Board of Education, shall include a list of the licenses granted or revoked by him. It shall be the duty of the City Superintendent to re examine any teacher upon the written request of any three Trustees of the division in which the teacher is employed, or of any member of the Board of Edu- cation. 5. Generally, by all the means in his power, under the regulations of the Board of Education in respect thereto, to promote sound education, elevate the character and qualifications of teachers, im- prove the means of instruction, and advance the interests of the schools committed to his charge. Section 14. At the first regular meeting in the month of June, 1895, and at the first regular meet- ing in the month of June in each fifth year thereafter, the Board of Education shall appoint a 26 Superintendent of School Buildings and Supplies, t > tiold office for the term of five years and until his successor is appointed. He shall be subject to removal by a majority of all the members of the Board of Education, on complaint, for cause stated, and shall receive such compensation as the Board of Education may determine, which shall not be decreased during the term of office of any incum- bent. Any vacancy in the said office of Superin- dent of School Buildings and Supplies by death, resignation or otherwise, shall be filled by appoint- ment by the Board of Education for the remainder of the unexpired term. Section 15. The Superintendent of School Build- ings and Supplies shall have the general care and custody of all school buildings, furniture and other property used for or belonging to the various public schools in the City, and the supplying of all books, blanks, stationery and supplies re- quired by the schools or any of the officers of the Board of Education. He shall keep separate accounts of the moneys received and paid out for or on account of each of the several schools and other buildings, and of all mov- able property belonging to each school. Subject to the approval of the Board of Education as to number and salaries, he shall appoint as many clerks, engineers, janitors and other employees, as may be necessary in his department, and he shall have full power to remove the same. Under the direction of the Board of Education he shall pre- pare contracts for supplies and materials, for re- pairs and alterations, and shall prepare such working drawings, plans and specifications as may be required for said purposes and for the erection of buildings. Furniture, supplies, books, blanks, stationery and all materials required in his depart- 27 ment shall be obtained by contract, proposals for which shall be advertised by the Superintendent of School Buildings and Supplies as required by The regulations of the Board of Education. Con- Tracts for necessary repairs, alterations and sup- plies less in amount than the sum of $1,000, and within the appropriations made therefor by the Board of Education, may be entered into by the Superintendent of School Buildings and Supplies without special authority of the Board of Educa- tion. The Superintendent of School Buildings and Supplies shall be directly responsible to the Board of Education for the cleanliness, safety, warming, ventilation and comfort of the several school premises, and for the management of the depart- ment under his charge, and shall before entering upon the duties of his office give a bond in the sum of $20,000 for the faithful performance of his duties. He shall make a monthly report to the Board of Education in respect to the matters above specified as he may consider necessary and advis- able, or as may be required by said Board, which report shall include a detailed statement of moneys received or paid out by him. He shall devote his whole time to the duties of his office, and shall, if requested by the Trustees of the City College and of the Normal College, discharge similar duties for said colleges. Section 16. The Trustees appointed for the re- spective districts shall organize in the month of October, 1895, and in January in each year there- after, by the election of a Chairman and Secretary. It shall be the duty of the Trustees in their respective districts from time to time to examine all the schools in the district, in respect to the punctual and regular attendance of the pupils and teachers; the number, fidelity, and competency of 28 the teachers, the studies, progress, order and dis- cipline of the pupils, the cleanliness, safety, warm- ing, ventilation and comfort of the school premises, and whether or not the provisions of the school laws in respect to the teaching of sectarian doc- trines or the use of sectarian books have been violated, and call the attention of the Board of Education or Board of Superintendents, without delay, to any matter requiring official action; they shall perform such other duties as maybe assigned to them by the Board of Education, and shall make, once in each quarter, a report to the Board of Education. All the Trustees in each division shall meet at least four times in each year, and statedly at times to be by them appointed, as a Division Board of Trustees, and it shall be the duty of such Division Board of Trustees to recommend to the Board of Education the establishment, discontin- uance or division of any schools, as to it shall seem advisable. Section 17. The Clerk of the Board of Educa- tion shall have charge of the rooms, books, papers and documents of the Board, and shall, in addition to his duties as Secretary of the Board, perform such other clerical duties as may be required by its members or Committees, He is authorized to ad- minister oaths and take affidavits in all matters appertaining to the schools in the City and County of New York, and for that purpose shall possess all the powers of a Commissioner of Deeds, but shall not be entitled to any of the fees or emolu- ments thereof. In the absence of the Clerk, the Board of Education is hereby empowered to desig- nate some person to act in his place and stead, and to execute all the powers and perforin all the duties of the Clerk. Section 18. It shall be the duly of the princi- 29 pal teacher of each school and department to enter, in books to be provided for that purpose by the Superintendent of Buildings and Supplies, the names, ages and residences of the scholars attend- ing the school, the name of a parent or guardian of each scholar, and the days on which the scholars shall have respectively attended, and the aggregate attendance of each scholar during the year; also the days on which each school shall have been vis- ited by the City and Division Superintendents of Schools, the members of the Board of Education, and the Trustees, or any of them, which entries shall be verified by the oath or affirmation of the principal teacher in such school or department; to make at least five days before the first day of Janu- ary in every year, or on such other day as may be designated by the Board of Education in the case of a school kept open after the 25th day of December, and transmit 10 the Board of Education a report in writing, dated the 31st day of December,and which report shall state the length of time each school shall have been kept open, the whole number of scholars over four and under twenty-one years of age who shall have been taught in the school during the year ending with the date of the report, which number shall be ascertained by adding to the num- ber of children on register at the commencement of each year the number admitted during that year, which shall be considered the total for that year; the average number that has actually attended such school during the year, to be ascertained by the teachers keeping an exact account of the number of scholars present every school time or half day, which being added together and divided by the number of school sessions, shall be considered the average of attending scholars, which average shall be sworn or affirmed to by the principal teacher of the school, and a particular account of the state of 30 the school, and of the property and affairs of school; and the title of all books nsed, with such other information as the Board of Education shall require; and for the purposes of this section, each department shall, whenever practicable, be consid- ered as a separate school. In each school a principal designated by the Board of Education shall have charge of the school building and property. Under such rules and reg- ulations as shall be established by the Board of Education, the said principal may make such requisition for repairs and supplies on the Super- intendent of School Buildings and Supplies as may be necessary for the school building in his charge or for any of the departments therein. Section 19. The following shall be substantially the form of oath or affirmation to be made by the teacher: kt A B, of the City of New York, teacher of No. Department, being duly sworn or affirmed, declares and says that to the best of (his or her) knowledge and belief the average num- ber of children, actual residents of the City and County of New York, at the time of attending said school, between the ages of four and twenty-one years, who attended said school or department, each school time or half day from the day of to the first day of January, was . Said average having been obtained by adding together the number of scholars present each school-time or half day and dividing the total by the actual number of sessions." Section 20. All the trusts and estates held by or vested in the Public School Society of the City of New Yoi k, ;is organized and existing previous to its several acts in compliance with the provisions of acl entitled "An act relative to Common Schools 31 in the City of New York," passed the fourth day of June, one thousand eight hundred and fifty- three, which have not been conveyed by the said Society, and all the rights, powers and duties of the said Society which yet remain thereon, shall con- tinue and be vested in the Board of Education of the City of New York, which Board is and shall be held to be the lawful successors of the said So- ciety in the execution of every trust. Section 21. No compensation shall be allowed to the Commissioners or Trustees of Common Schools for any services performed by them, but the Com- missioners shall receive their actual and reasonable expenses while attending to the duties of their office, to be audited and allowed by the Board of Education. Section 22. No school officer shall be interested in any contract, payments under which are to be made, in whole or in part, out of any money de- rived from the school fund or raised by taxation for the support of Common Schools. Section 23. Every school officer who shall refuse or neglect to render an account, or to pay over any balance in his hands, at the expiration of his term of office, shall, for such offense, forfeit the sum of fifty dollars, which sum, togetner with said un- paid balance, shall be sued for and collected by the Board of Education, who shall prosecute with- out delay for the recovery of such forfeiture, to- gether with the unpaid balance; and in case of death of such school officer, suit may be brought against his representatives, and all moneys recov- ered, after deducting expenses, shall be placed at the disposal of the Board of Education. Section 24. Every person in the employ of the Board of Education, and every school officer and 32 every officer or teacher of a school or society who shall willfully sign a false report to the Board of Education shall for each offense forfeit the sum of twenty-live dollars and shall be deemed guilty of misdemeanor ; and every person or officer who shall willfully misapply any of rhe public funds committed to his care shall be deemed guilty of embezzlement. Section 25. In any r suit which shall hereafter be commenced against the Commissioners or Trustees of Common Schools for any act performed by vir- tue of or under color of their offices, or for any refusal or omission to perform any duty enjoined by law and which might have been the subject of an appeal to the Superintendent, no costs shall be allowed to the plaintiff in cases where the Court shall certify that it appeared on the trial of the cause that the defendant acted in good faith. But this provision shall not extend to suits for penal- ties nor to suits or rjroceedings to enforce the de- cisions of the State Superintendent of Public In- struction. Section 26. Every person appointed to a school office in said city shall, before entering on the du- ties of his office, and within fifteen days from the time of being notified of his appointment to till a vacancy, take and subscribe before the clerk of the Board of Education the oath of office prescribed by the Constitution of this State, and the school office, to which any person who shall omit to take the said oath within the time and in the manner above prescribed, may have been appointed, shall be vacant at and from the expiration of the said fifteen days. SECTION 27. All children between the ages of live and twenty-one years, residing in the City and 33 County, shall be entitled to attend any of the Com- mon Schools therein ; and the parents, guardians or other persons having the custody or care of such children shall not be liable to any tax, assessment or imposition for the tuition of any children other than is hereinbefore provided. Section 28. The schools in the several divisions shall be classihed as Grammar, Primary and Even- ing Schools, or as the Board of Education may direct. Section 29. Whenever the Clerk of the City and County shall receive notice from the State Super- intendent of Public Instruction of the amount of money apportioned to the County of New York for the support and encouragement of Common Schools therein, he shall immediately lay the same before the Board of Aldermen of said County ; and the Chamberlain of the said City shall apply for and receive the school moneys apportioned to the said County as soon as the same becomes payable, and place the same in the City Treasury. Section 30. 1 All principals and teachers un- der the public school system of the City of New York as existing at the time of the passage of this act, shall continue to hold their respective posi- tions, and be entitled to compensation as now pro- vided or as may be hereafter provided by said Board of Education, subject only to removal for cause as provided by law, excepting that teachers in the Evening Schools may be discharged, without pay, whenever their services are no longer required. 2. The present City Superintendent of Schools, and Assistant Superintendents in office at the time of the passage of this act shall continue in office, whether their respective terms have expired or not, with the compensation as now provided, until the 34 appointment of the City Superintendent of Schools and Division Superintendents, as provided for in this act, and subject to removal as provided by law; and upon such appointment the terms of office of said present City Superintendent of Schools and of all Assistant Superintendents shall expire. 3. All other school officers and employees under the Public School system of the City of New York as existing at the time of the passage of this act, shall, except as specially provided herein as to Trustees and Inspectors, retain their respective positions, and be entitled to compensation as now provided, subject to the terms of this act and the powers of the Board of Education as herein pro- vided and also subject to removal as provided by law. Section 31. Section 1 of section 1 of chapter 35 of the laws of 1890 is hereby amended so as to read as follows: Whenever the Board of Education, in conformity with the provisions of this act, shall have approved of the purchase of any site for school purposes, proceedings shall be taken for the ac- quisition of said site as follows: When any such lands have been selected, and the said Board of Education has determined to take proceedings for the acquisition of the same, said Board shall cause a survey, map or plan thereof to be prepared and filed in the office of the Register of the City and County of New York; and it shall be lawful for the duly authorized agents of the said Board, and all persons acting under its authority, and by its direction, to enter, in the day time, into and upon any and all lands, tenements and hereditaments which it shall be necessary to enter into and upon for the purpose of making such surveys, maps or plans. Provided that do such lands shall' be lo- 35 cated in any park or public place, or where now occupied by reservoirs. Section 32. All proceedings pending at the time of the passage of this act for the purpose of acquir- ing title to lands, and which have been instituted on the application of the Board of Education, shall not be affected by the passage of this act, but shall proceed to final determination in conformity with the provision of law existing at the time of the passage thereof. Section 33. The Board of Education of the City of New York is hereby given the general care and management of the Public School Teachers' Retirement Fund created by this Act. The Comp- troller of the City of New York shall hold all money belonging to said fund, and by the direction of said Board of Education shall invest and pay out the same. The Board of Education shall have charge of and administer said Public School Teachers' Retirement Fund as it shall deem most beneficial to said fund, and is empowered to make all necessary contracts and take all necessary and proper action and proceedings in the premises, and to make payments from said fund of annuities granted in pursuance of this act; and shall, from time to time, establish such rules and regulations for the administration of said fund as it may deem best. And the Comptroller of the City of New- York shall report in detail to the Board of Alder- men of the City of New T York, annually, in the month of January, the condition of said fund, and the items of the receipts and disbursements on account of the same. The Public School Teachers' Retirement Fund herein provided for shall consist of the following, with the interest and income there- of: (1.) All money, pay, compensation or salary, or any part thereof, forfeited, deducted or withheld 36 from any teacher or teachers for and on account of absence from duty for any cause. The Clerk of the Board of Education shall certify monthly to the Comptroller the amounts so deducted from the salaries of teachers during the preceding month. (2) All moneys received from donations, legacies, gifts, bequests or otherwise, for and on account of said fund. (3.) All such other methods of incre- ment as may be duly and legally devised for the increase of said fund. On and after the passage of this Act the Boai^d of Education shall, by amending its by laws relating to the excuse of absence of teachers with pay, so provide that the aggregate of the several sums deducted or forfeited on account of absence from duty, shall be fully adequate to meet the demands made upon the Public School Teachers' Retirement Fund for the payment of annuities as herein provided. Said Board of Education shall have power, by a two- third's vote of all its members, and after a recom- mendation to that effect shall have been made by the City Superintendent of Schools, stating that the teacher is mentally or physically incapacitated for the performance of duty, to retire any female teacher of the grammar and primary schools, including special teachers in the same, who shall have taught therein during a period aggregating thirty years, and to retire any male teacher of said schools who shall have taught therein during a period aggregating thirty-live years. Any teacher so retired shall thereafter be entitled to receive as an annuity one-half the annual salary paid to said teacher at the date of said retirement, not to ex- ceed, however, in any case, the sum of one thou- sand dollars per annum. The Board of Education is hereby given the power to use both the principal and the income on said fund, and to manage, accu- n j u late and otherwise control the same as said Board shall provide by its by-laws, and to pay the annuities hereinbefore mentioned, and shall have power, from time to time, to reduce the amount of annuities of all beneficiaries of said fund, provided only that such reduction shall be made at the same rate per centum. Section 34. The Board of Education created by the terms and provisions of this act shall be subject to all the duties, and possess all the rights and powers, now held by the Board of Education exist- ing at the time of the passage hereof under the following-named acts: Chapter 458 of the Laws of 1884 as amended and extended by chapter 493 of the Laws of 1885, chap- ter 456 of the Laws of 1880, chapter 136 of the Laws of 1888, chapter 252 of the Laws of 1889, chapter 204 of the Laws of 1891, chapter 282 of the Laws of 1893, and chapter 459 of the Laws of 1894. Chapter 545 of the Laws of 1888 as amended by chapter 383 of the Laws of 1889, chapter 305 of the Laws of 1890 and chapter 71 of the Laws of 1891. Titles 2 and 3 of chapter XVII, being part of chapter 410 of the Laws of 1882. Chapter 598 of the Laws of 1880. Chapter 318 of the Laws of 1887. Chapter 432 of the Laws of 1893. Section 35. The title to all school property, real and personal, purchased with any money derived from the distribution or apportionment of the school moneys, or raised by taxation in the City of New York, shall be vested in the Mayor, Aldermen and Commonalty of said city, but shall be under the care and control of the Board of Education, for the purpose of public education, and all suits in relation to the same shall be brought in the name of said Board. 38 Section 36. The Board of Education created by the terms and provisions of this act, and the mem- bers thereof, shall hold the same relation to the College of the City of New York and the Normal College of the City of New York as is held by the present Board of Education or its members at the time of the passage hereof, and shall be subject to the same duties and possess the same rights and powers. Section 37. The following- named acts and amendments thereof are hereby repealed: Title 1 of chapter XVII, being part of chapter 410 of the Laws of 1882, entitled ''An act to consolidate into one act and to declare the special and local laws affecting public interests in the City of New York;" chapter 341 of the Laws of 1887, chapter 183 of the Laws of 1888, chapter 34 of the Laws of 1889, chap- ter 185 of the Laws of 1894, chapter 296 of the Laws of 1894, and all other acts and amendments thereof which are not consistent with the provisions of this act are hereby repealed. Sections 1068, 1070, 1071 and 1072 of Title 3 of said chapter XVII of chapter 410 of the Laws of 1882 are hereby repealed, to take effect on the first day of January, 1896. Section 38. Except as hereinbefore provided, this act shall take effect immediately.