tion has adequate accommodations, and can provide the required instruction. The superintendent shall, so far as practicable, subject to the limitations herein prescribed, make contracts with schools or institutions so located as to be convenient of access in different parts of the state. A parent, guardian or other person who applies for the admission of a deaf-mute to a school under this article may request the superintendent to designate a school specified by the applicant, for the instruction of such deaf-mute, if a state school is not available; and the superintendent shall designate the school so specified, if it is under contract as provided in this article, and has accommodations for such deaf-mute. [New.]

§ 441. Cancellation of contract.-The state superintendent may cancel a contract under this article, on a notice of not less than thirty days, if it shall appear to his satisfaction that the school or institution with which the contract is made neglects or refuses to perform any condition of the contract, or comply with any rule, order or decision of the state superintendent in relation to children included in such contract, or their instruction or maintenance in such school or institution. The contract shall embody this section, or the substance thereof.

[New]

§ 442. Expenses for instruction and maintenance; how paid.The expenses of instruction and maintenance of blind and deafmute children in a school or institution to which they may be sent under a contract is a charge against the state, and shall be paid

by the state treasurer, from time to time, on the audit of the comptroller, and the certificate of the state superintendent; but such contract shall not authorize the payment by the state of more than two hundred and sixty dollars per annum for the instruction and maintenance of each child sent to such school or in

stitution, exclusive of clothing. A school or institution may also be allowed the expense incurred by it for clothing furnished to a child, on proof by affidavit, to the satisfaction of the state superintendent, that the amount of such expense has not been and cannot with reasonable diligence be recovered from the persons liable for the support of such child, or from his estate. [New.]

§ 443. Superintendent to prescribe instruction.-The state superintendent shall prescribe the instruction to be given under such a contract, which shall conform as nearly as practicable to that given in a state school. He also has a right to visit and inspect such a school or institution in all its departments, and he shall report to the legislature such matters and things concerning it as he may deem necessary or proper. [New.]

§ 444. Instruction of deaf-mutes.-The state superintendent has exclusive supervision and direction of the instruction of deafmutes of school age, and shall provide for such instruction in a state school for deaf-mutes or other school or institution.

Deaf-mutes shall be sent to a state school, or the state super

intendent shall contract with any other school or institution for their instruction therein if in his judgment a state school is not available or has not sufficient accommodations. The provisions of this article relating to the instruction of blind children and the powers and jurisdiction of the state superintendent apply, so far as practicable, to deaf-mutes and schools for their instruction. School authorities shall report concerning deafmutes in the same form and manner as herein provided in rela

tion to the blind.

[New.]

§ 445. Duty of school authorities.-It shall be the duty of the school authorities of a city or district, under the direction of the state superintendent, to attend to the enforcement of this ar ticle. They shall annually, in the month of June, and at such other times as they deem proper, notify in writing the parent, guardian or other person with whom a blind child or deaf-mute of school age resides in such city or district, of his right to free instruction in a school provided by the state for that purpose, and that if such parent, guardian or other person neglects or refuses for thirty days after such notice, to apply for the admission of such blind child or deaf-mute to a state or other school under this

article, the school authorities will apply for such admission. The school authorities shall apply accordingly.

[New.]

§ 446. Application by school authorities.-The application by the school authorities shall be addressed to the state superin

tendent of public instruction, and shall be substantially in the same form as if made by the parent, guardian or other relative. On such application the state superintendent shall determine whether instruction can be provided for such blind child or deafmute in a school under this article, and if so, shall designate the school to which he shall be sent. Such determination shall be under the hand of the state superintendent and the seal of the department of public instruction, and is conclusive as to the accommodations for instruction.

[New.]

§ 447. Duty of truant officer and magistrate.—Within five days after the receipt of such determination, the school authorities shall serve on a truant officer of the city or district a written notice to the effect that an application has been made by them as herein provided for the admission of such blind child or deaf-mute to a school

under this article, and naming the school to which he is required by the state superintendent to be sent. Upon the receipt of such notice the truant officer shall take such child before the nearest

magistrate of the county, who shall inquire into the matter, and if satisfied that he is not receiving adequate instruction for the blind or for deaf-mutes, as the case may be, and that he should receive such instruction as herein provided, he shall by order direct the truant officer to take such child or deaf-mute to the school designated in the determination of the state superintendent. The child shall be kept and instructed in such school, under the direction of the state superintendent, but not beyond the current school year

1

without the written consent of his parent or guardian, or the per

son with whom he resides.

[New.]

§ 448. Expenses of enforcement, how paid. The expenses incurred by the school authorities under this article, and of the truant officer in transporting a blind child or deaf-mute as required by the order, is a charge against the state, and shall be paid on the audit of the comptroller and certificate of the state superin

tendent.

[New.]

ARTICLE XVII.

SCHOOL COMMISSIONERS; THEIR ELECTION, POWERS AND

DUTIES.

Section 460. School commissioner; election and term of office.

461. Vacating office of school commissioner.

462. Existing districts continued.

463. General powers and duties of commissioner.

464. Commissioner may act in other districts.

465. Supervision of commissioner by superintendent.

466. Commissioner may take testimony; issue subpoenas.

467. Salary of commissioner.

468. Superintendent may withhold salary.

469. Increase of salary.

470. Expenses of commissioner.

471. School commissioner not to engage in certain busi

ness.