TITLE VII.

Meetings in common school districts, the election of school district officers, and their powers and duties.

Article 1. Of common school district meetings; who are voters, and their powers.

2. Of district school-houses and sites.

3. Of the qualification, election and terms of office of district officers, and of vacancies in such offices.

4. Of the duties of district clerk and treasurer.

5. Of pupils and teachers.

6. Of trustees, their powers and duties; and of school taxes and annual reports.

7. Of the assessment of district taxes, and the collection of such taxes; and of the collector, his powers, duties and liabilities.

TITLE VIII.

Union free schools, how established, who are voters at meetings and their powers; election and terms of office of members of boards of education, and powers of such boards.

Article 1. Of the proceedings for the establishment of union free schools; powers of voters at meetings; classification of terms of office and election of members of boards of education; certified copies of proceedings of meetings to be filed; board of education to elect a president and appoint a treasurer and collector.

2. Of the qualifications of voters in union free school districts; and of meetings of such voters and their powers.

3. Of annual and special meetings, and of election of members of boards of education and clerk in districts where the number of children exceeds three hundred.

4. Of the powers and duties of boards of education.

5. Of the alteration of union free school districts; the increase or diminution of number of members of boards of education, and of dissolution of union free school districts.

Article 1. Of loss of school moneys apportioned; of forfeiture by school officers by reason of neglect to sue for penalties; of costs in suits which might have been the subject of appeal to the superintendent of public instruction; of costs in suits, actions and proceedings other than appeals to the superintendent of public instruction.

2. Changes in text-books.

3. Care of code of public instruction.

4. Contracts between school districts and boards of education in cities.

5. Memorandum of contracts with teachers.

6. Physiology and hygiene in the public schools.

7. Free instruction in drawing.

8. Vocal music in the public schools.

9. Free kindergarten in cities and villages.

10. Industrial training in the public schools.

11. Schools for colored children.

12. Orphan schools.

13. Indian schools.

14. Deaf and dumb and blind institutions.

15. Arbor day.

16. Miscellaneous.

TITLE I.

State Superintendent of Public Instruction, His Election and General Powers and Duties.

1 Short title. This chapter shall be known as the "Consolidated School Law." L. 1894, c. 556, T. 1, § 1.

New.

2 State superintendent; election; term; office; salary. The office of state superintendent of public instruction is continued and the term of said office shall be three years, commencing on the seventh day of April. Such superintendent shall be elected by joint ballot of the senate and assembly on the second Wednesday of February next preceding the expiration of the term of the then incumbent of said office, and on the second Wednesday of February next after the occurrence of any vacancy in the office. The superintendent's office shall be in the capitol, and maintained at the expense of the state. His salary shall be five thousand dollars a year, payable monthly, by the treasurer, on the warrant of the comptroller. Id., § 2.

[Note. Revised from L. 1864, c. 555, T. 1, §§ 1, 3, 4; L. 1883, c. 75, and L. 1886, c. 591. (See Birdseye's R. S., 1st ed., p. 538.)]

143 N. Y. 84; 77 Hun, 372.

3 Deputy superintendent; vacancies. He shall appoint a deputy, who shall receive an annual salary of four thousand dollars payable monthly by the treasurer on the warrant of the comptroller; and in case of a vacancy in the office of superintendent the deputy may perform all the duties of the office until the day hereinbefore fixed for the commencement of the term of said office. In case the office of both superintendent and deputy shall be vacant, the governor shall appoint some person to perform the duties of the office until the superintendent shall be elected and his term of office commence as herein before provided. Id., § 3. [Note.- Revised from L. 1864, c. 555, T. 1, § 2; L. 1883, c. 75, and L. 1888, c. 533. (See Birdseye's R. S., 1st ed., p. 538.)]

141 N. Y. 112; 5 Misc. 375.

4 Chief clerk. The state superintendent of public instruction is hereby authorized to appoint his chief clerk as second deputy superintendent of public instruction, who shall have power to perform the duties of the deputy superintendent of public instruction; and such second deputy shall not receive any extra salary by reason of such appointment. L. 1895, c. 768, § 1.

5 Clerks and employes. He may appoint as many clerks and employes as he may deem necessary, but the compensation of such clerks and employes shall not exceed in the aggregate the sum annually appropriated by the legislature therefor, and shall be payable monthly by the treasurer, on the warrant of the comptroller, and the certificate of the superintendent. L. 1894, c. 556, T. 1, § 4.

[Note.- Revised from L. 1864, c. 555, T. 1, § 5, and L. 1875, c. 567. (See Birdseye's R. S., 1st ed., p. 538.)]

6 Official seal; certified copies of record, etc. The seal of the superintendent, of which a description and impression are now on file in the office of the secretary of state, shall continue to be his official seal, and when necessary, may be renewed from time to time. Copies of all papers deposited or filed in the superintendent's office, and of all acts, orders and decisions made by him, and of the drafts or machine copies of his official letters, may be authenticated under the said seal, and when so authenticated, shall be evidence equally with and in like manner as the originals. Id., § 5.

[Note. Revised from L. 1864, c. 555, T. 1, § 6. (See Birdseye's R. S., 1st ed., p. 538.)] 7 Duties ex officio; supervision of normal schools, etc. The superintendent shall be ex officio a regent of the university of the state of New York, a trustee of Cornell university and of the New York state asylum for idiots. He shall also have general supervision over the state normal schools which have been and

which may hereafter be established; and he shall provide for the education of the Indian children of the state, as required by the provisions of this act. Id., § 6. [Note. Revised from L. 1864, c. 555, T. 1, § 7, and L. 1875, c. 567. (See Birdseye's R. S., 1st ed., p. 538.)]

8 Visitation of common schools, by appointees. The superintendent may, in his discretion, appoint persons to visit and examine all or any of the common schools in the county where such persons reside, and to report to him all such matters respecting their condition and management, and the means of improving them, as he shall prescribe; but no allowance or compensation shall be made to such visitors for their services or expenses. Id., § 7.

[Note.- Revised from L. 1864, c. 555, T. 1, § 12. (See Birdseye's R. S., 1st ed., p. 540.)] 9 Visitation of same by superintendent. So often as he can, consistently with his other duties, he shall visit such of the common schools of the state as he shall see fit, and inquire into their course of instruction, management and discipline, and advise and encourage the pupils, teachers and officers thereof. Id., § 8.

[Note.

Revised from L. 1864, c. 555, T. 1, § 13. (See Birdseye's R. S., 1st ed., p. 540.)] 10 Annual report. He shall submit to the legislature an annual report containing:

1. A statement of the condition of the common schools of the state, and of all other schools and institutions under his supervision, and subject to his visitation as superintendent.

2. Estimates and accounts of expenditures of the school moneys, and a statement of the apportionment of school moneys made by him.

3. All such matters relating to his office, and all such plans and suggestions for the improvement of the schools and the advancement of public instruction in the state, as he shall deem expedient. Id., § 9.

[Note. Revised from L. 1864, c. 555, T. 1, § 14. (See Birdseye's R. S., 1st ed., p. 540.)] 12 N. Y. Supp. 168.

11

Teacher's certificate; examinations therefor; licenses to teach; college gradu

ate certificates; temporary licenses. He may grant under his hand and seal of office a certificate of qualification to teach, and may revoke the same. While unrevoked, such certificate shall be conclusive evidence that the person to whom it was granted is qualified by moral character, learning and ability, to teach any common school in the state. Such certificate may be granted by him only upon examination. He shall determine the manner in which such examination shall be conducted, and may designate proper persons to conduct the same, and report the result to him. He may also appoint times and places for holding such examinations, at least once in each year, and cause due notice thereof to be given. Every such certificate so granted shall be deemed and considered a legal license and authority to teach in any of the public schools of this state, without further examination of the person to whom the same was granted, any provision of law in conflict with this provision to the contrary notwithstanding. He may also, in his discretion, issue a certificate without examination, to any graduate of a college or university who has had three years' experience as a teacher. Such lastmentioned certificate shall be known as the "college graduate's certificate," and may be revoked at any time for cause. He may also, in his discretion, indorse a diploma issued by a state normal school or a certificate issued by a state superintendent or state board of education in any other state, which indorsement shall confer upon the holder thereof the same privileges conferred by law upon the holders of diplomas or certificates issued by state normal schools or by the state superintendent in this state. He may also issue temporary licenses to teach, limited to any school commissioner district or school district, and for a period not exceeding six months whenever, in his judgment, it may be necessary or expedient for him to do so. Id., § 10.

[Note.- Revised from L. 1864, c. 555, T. 1, § 15; L. 1875, c. 567, and L. 1888, c. 331. (See Birdseye's R. S., 1st ed., p. 540.)]

141 N. Y. 112; 56 N. Y. St. R. 664; 8 N. Y. Supp. 738.

12 Annulment of certificates, etc. Upon cause shown to his satisfaction, he may annul any certificate of qualification granted to a teacher by a school commissioner, or declare any diploma issued by a state normal school ineffective and null as a qualification to teach a common school within this state, and he may reconsider and reverse his action in any such matter. L. 1894, c. 556, T. 1, § 11. [Note. Revised from L. 1864, c. 555, T. 1, § 16. (See Birdseye's R. S., 1st ed., p. 540.)] 12 N. Y. Supp. 168.

13 List of persons holding certificates and diplomas. He shall prepare and keep in his office alphabetical lists of all persons who have received, or shall receive, certificates of qualification from himself, or diplomas of the state normal schools, with the dates thereof, and shall note thereon all annulments and reversals of such certificates and diplomas, with the dates and causes thereof, together with such other particulars as he may 'deem expedient. Id., § 12. [Note. Revised from L. 1864, c. 555, T. 1, § 17. (See Birdseye's R. S., 1st ed., 41 N. Y. St. R. 634.

p. 541.)] 14 Removal of school commissioner; withholding moneys from district. Whenever it shall be proved to his satisfaction that any school commissioner or other school officer has been guilty of any willful violation or neglect of duty under this act, or any other act pertaining to common schools, or willfully disobeying any decision, order or regulation of the superintendent, the superintendent may, by an order under his hand and seal, which order shall be recorded in his office, remove such school commissioner or other school officer from his office. Said superintendent may also withhold any share of the public money of the state. from any district for willfully disobeying any decision, order or regulation as aforesaid, or when authorized by any provision of this act. Id., § 13.

[Note.- Revised from L. 1864, c. 555, T. 1, § 18, and L. 1893, c. 500. (See Birdseye's R. S., 1st ed., p. 541.)]

15 Blank forms, etc.; preparation and distribution of. He shall prepare suitable registers, blanks, forms and regulations for making all reports and conducting all necessary business under this act, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due execution of their duties by school officers, to be transmitted to the officers and persons intrusted with the execution of the same. Id., § 14.

[Note.- Revised from L. 1864, c. 555, T. 1, § 19. (See Birdseye's R. S., 1st ed., p. 541.)] 16 Oaths and affidavits. The superintendent may administer oaths and take affidavits concerning any matter relating to the schools. Id., § 15.

[Note. Revised from L. 1864, c. 555, T. 1, § 20, and L 1888, c. 331, § 2. (See Birdseye's R. S., 1st ed., p. 541.)]

77 Hun, 481; 60 N. Y. St. R. 550.

TITLE II.

State and Other School Moneys, Their Apportionment and Distribution, and of Trusts and Gifts for the Benefit of Common Schools.

ARTICLE 1.

Of the State School Moneys and Their Apportionment by the Superintendent of Public Instruction, and Payment to County and City Treasurers.

18 State tax for support of schools. There shall be raised by tax, in each year, upon the real and personal estate of each county within the state, such sum as the legislature shall annually determine necessary for the support of common schools in the state; and the proceeds of such tax shall be apportioned and distributed as herein provided. Id., T. 2, Art. 1, § 1.

[Note.- Revised from L. 1864, c. 555, T. 3, § 1, and L. 1867, c. 406, § 3. (See Birdseye's R. S., 1st ed., p. 544.)]

77 Hun, 481; 60 N. Y. St. R. 550.

19 Deposit of moneys; monthly report of treasurer; warrants; countersigning checks and receipts. The moneys so raised shall be paid into the state treasury,

and the treasurer may transfer them from one depository to another, by his draft, countersigned and entered by the superintendent of public instruction. On the first working day of each month the treasurer shall make to the superintendent of public instruction a written statement of the condition of the free school fund, showing the amount received and paid during the preceding month, and the balance remaining on hand. The bank in which such moneys are deposited shall furnish the superintendent of public instruction a book, in which the officers of such banks shall make entries of all sums deposited therein by the treasurer, from time to time, to the credit of said free school fund. No such money shall be paid out of the treasury except upon such warrant of the superintendent, countersigned by the comptroller, referring to the law under which it is drawn. The superintendent shall countersign and enter all checks drawn by the treasurer in payment of his warrants, and all receipts of the treasurer for such money paid to the treasurer, and no such receipt shall be evidence of payment unless it be so countersigned. Id., § 2.

[Note.- Revised from L. 1864, c. 555, T. 3, § 3, and L. 1875, c. 567, § 8. (See Birdseye's R. S., 1st ed., p. 545.)]

26 Hun, 651; 35 N. Y. St. R. 328, 847.

20 Comptroller may withhold payments; temporary loans for deficiencies. The comptroller may withhold the payment of any moneys to which any county may be entitled from the appropriation of the incomes of the school fund and the United States deposit fund for the support of common schools, until satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer; and whenever, after the first day of March in any year, in consequence of the failure of any county to pay such moneys on or before that day there shall be a deficiency of moneys in the treasury applicable to the payment of school moneys, to which any other county may be entitled, the treasurer and superintendent of public instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest thereon at the rate of twelve per cent per annum, until payment shall be made to the treasury, shall be a charge upon the county in default, and shall be added to the amount of state tax, and levied upon such county by the board of supervisors thereof at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes. Id., § 3.

[Note.- Revised from L. 1864, c. 555, T. 3, § 4, and L. 1867, c. 406, § 4. (See Birdseye's R. S., 1st ed., p. 545.)]

35 N. Y. St. R. 328.

21 State school moneys, defined; annual apportionment; applied to teachers' wages. The moneys raised by the state tax or borrowed as aforesaid to supply a deficiency thereof, and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common school fund, when the same are appropriated to the support of common schools, constitute the state school moneys, and shall be divided and apportioned by the superintendent of public instruction, on or before the twentieth day of January in each year as hereinafter provided; and all moneys so apportioned, except the library moneys, shall be applied exclusively to the payment of teachers' wages. Id., § 4.

[Note. Revised from L. 1864, c. 555, T. 3, § 5. (See Birdseye's R. S., 1st ed., p. 545.)] 22 Payments from free school fund; enumeration of inhabitants; library moneys; Indian schools. He shall apportion and set apart from the free school fund appropriated therefor the amounts required to pay the annual salaries of the school commissioners elected or elective under this act, to be drawn out of the treasury and paid to the several commissioners as hereinafter provided; and he shall also apportion to each of the cities of the state, and to each of the incorporated villages of the state having a population of five thousand and upwards, and to each union free school district having a like population, which employs a superintendent of schools, out of the income of the said fund, and if insufficient,