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of the system. It is therefore thought that bot' apartments should be brought together under one law, and th powers and duties of each clearly stated.

This chapter includes the subject of common schools and the several branches of the educational system under the general supervision of the department of public instruction, including school districts, their formation, the duties and responsibilities of district officers, local taxation, text-books, teachers' instruction and qualifications, normal schools, compulsory education, Indian schools, instruction of the blind and of deaf-mutes, libraries, apportionment and distribution of state funds for public schools, powers and jurisdiction of school commissioners and of the state superintendent, Cornell University, and the regents. An attempt has been made to develop this subject logically from the common school as the basis of the entire system, to the university, which is the culmination of it. The page and section references included in parenthesis in the foot notes to the various sections of this chapter refer to the pamphlet edition of the consolidated school law, published by the department of public instruction.


Commissioners of Statutory Revision. ALBANY, Dec. 1, 1898.


In relatjon to education, constituting chapter twenty-two of

the general laws.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:


[blocks in formation]

III. Free school fund, apportionment and distribu.

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XIII. Text-books and special instruction ($$ 340-363).


XIV. Indian schools (8$375-382).

XV. Trusts for schools; gospel and school lots; fines

and penalties (S$390-407).

XVI. Instruction of the blind, and deaf-mutes (88415


XVII. School commissioners; their election; powers

and duties (S$460-471).

XVIII. Department of Public Instruction (SS 480-498).

XIX. Miscellaneous provisions relating to common

schools (89510-537).

XX. Cornell university (S$550-576).

XXI. The University (S$600-640).

XXII. Libraries ($$700-760).

XXIII. Effect of chapter; laws repealed (S$800-803).



Section 1. Short title.

2. Free common schools.

3. Common schools.

4. Public school.

5. Instruction in public schools.

6. Who may attend common schools.

7. School age.

8. School year.

9. School day.

10. Municipality defined.

Section 11. Definition of district.

12. Superintendent.

13. Commissioner.

14. Trustee.

15. School officer.

16. School authorities.

17. Duty of school authorities.

18. Duty of superintendent.

19. Supervision under this chapter exclusive. (General note.—The first article relates to general provisions, including many definitions and statements of powers and duties not now a part of the law.]

Section 1. Short title.—This chapter shall be known as the

education law.


§ 2. Free common schools.— The legislature shall provide for

the maintenance and support of a system of free common schools,

wherein all the children of this state may be educated.

[Constitution, article IX, § 1.]

§ 3. Common schools.—The term

common schools” includes:

1. Public schools which alone or in branches, parts or other

divisions, provide free instruction for all children of school age

residing in the district; but does not include a department or

school under exclusive supervision of the regents.

2. Schools for the blind, deaf-mutes or other detectives under

this chapter.

3. Free public kindergartens.


§ 4. Public school.-A public school is one established by the

state, a municipal corporation, or school district, and wholly on

der public supervision and control.


§ 5. Instruction in public schools.—The public schools shall

provide instruction in the English language in the following sub


1. Reading, writing, spelling, arithmetic, English grammar

and composition, geography, drawing, physiology and hygiene,

American history, civil government and good behavior.

2. Good morals; and for this purpose the Bible may be read

either as a part of the school exercises or otherwise. Such read

ing may be from any version, but must be without note or


3. In such other subjects as may be prescribed or permitted

by the school authorities, the superintendent, or by law.

[New. Only three acts were passed during the Colonial period in New York relating to education, and these were of a limited or temporary character. The first (1702) provided for the “encouragement of a grammar free school in the city of New York.” This required instruction in the "languages or other learning usually taught in grammar schools.” This act continued in force eight years.

The next law (1732) provided for the establishment of a “public school in the city of New York for teaching Latin, Greek and Mathematicks." This was not a public school, but provided for instruction of twenty youths “not under fourteen years of age, who had been well instructed in reading and writing of English." Pupils were to be selected from the different counties. This act continued in force six years.

The first common school act of the State (1795) provided that children should be instructed “in the English language, or be

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