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§ 205. Supplemental apportionment. If the superintendent ap

portions to a county, part of a county or a school district, an amount

less than it is entitled to receive, he may make up the deficiency by

a supplemental apportionment, which shall be paid out of the con

tingent fund, if sufficient; if not, he shall include it in his next

annual apportionment.

[Con. School Law, tit. II, § 10, rewritten without intended change.]

(Page 13, § 10.)

$ 206. Correcting error in apportionment.-If any error occurs in

the apportionment by the commissioners by which the amount ap

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ceive, they may in their next annual apportionment, with the ap

proval of the superintendent, correct the error by increasing or

reducing the share of such district.

[Con. School Law, tit. II, § 14, rewritten without intended change.]

(Page 15, § 14.)

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$ 207. Allowance to excluded districts.--Whenever any school

district shall have been excluded from participation in any appor

tionment made by the superintendent, or by the school commission

ers, by reason of its having omitted to make any report required by

law, or to comply with any other provision of law, or with any rule,

decision, order or regulation made by the superintendent under the

authority of law, and it shall be shown to the superintendent that

such omission was accidental or excusable, he may, on the application of such district, make to it an equitable allowance; and if

the apportionment was made by himself, cause it to be paid out of

the contingent fund; and, if the apportionment was made by the

commissioners, direct them to apportion such allowance to it, at

their next annual apportionment, in addition to any apportion

ment to which it may then be entitled.

[Con. School Law, tit. II, § 8, rewritten without change, except that the last sentence of $ 8 is omitted, and not re-enacted.

(Page 12, § 8.)

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§ 208. Reclaiming excess in apportionment.---If an error occurs

in an apportionment by the superintendent by which the amount

apportioned to a county, part of a county or school district, is

more than it is entitled to receive, and such excess shall not have

been distributed or apportioned among the districts or expended,

80 that it can not be reclaimed, the superintendent may reclaim

such excess by directing any officer in whose hands it may be to

pay it into the state treasury to the credit of the free school fund.

[Con. School Law, tit. II, part of $ 9, rewritten without intended change. The remainder of $ 9 is included in $ 209 of the revision.]

(Page 12, § 208.)

§ 209. Deduction from next apportionment.- If it be imprao

ticable to reclaim such excess, then the superintendent shall

deduct it from the amount apportioned to such county, part of

a county or district, in his next annual apportionment, and dis

tribute the sum thus deducted equitably among the counties and

parts of counties or school districts entitled to participate in such apportionment, according to the basis of the apportion

ment in which the excess occurred.

[Con. School Law, tit. II, part of § 9, rewritten without intended change. For the remainder of § 9 see § 208 of revision.]

(Page 12, § 9.)

§ 210. Comptroller may withhold moneys.- 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

on such county, for the support of schools throughout the

state, have been collected and paid or accounted for to the state


[Con. School Law, tit. II, part of $ 3, rewritten without intended change. For the remainder of g 3 see 201 of revision.]

(Page 9, § 3.)

§ 211. Withholding public money.-- The superintendent may

withhold any share of the public money of the state from any

district for willfully disobeying any decision, order, rule or regn

lation made by him, or when otherwise authorized by law.

[Con. School Law, tit. I, part of § 13, and Con. School Law, tit. X, part of § 10, rewritten without intended change.]

§ 212. Apportionment by school commissioners.--The school

commissioners annually on the third Tuesday of March, at the

county seat, shall apportion and divide the free school fund and

other school moneys as follows:

1. They shall set apart to each city, village and district entitled

thereto the several supervision and district quotas.

2. To every district which did not participate in the apportion

ment of the preceding year, and which the superintendent shall

have excused, such equitable sum as he shall have allowed to it.

3. The sum to which a county is entitled shall be apportioned

among the districts and parts of districts therein, according to

a ratio to be ascertained by dividing such sum by the aggregate

number of days attendance in such districts and parts of


The aggregate days attendance must be ascertained by adding

together the whole number of days attendance of resident pupils

of school age, and also of resident children over four years of

age who shall have attended any free kindergarten legally estab

lished in the district.

4. All sums in the county treasury to which the county or a

city, town, village or district therein is entitled by gift, grant,

devise or otherwise, for use in the payment of teachers' wages,

shall be included in the apportionment. If such moneys belong

to a county, they shall be added to the amount apportioned to

the county by the superintendent. If they belong to any particu

lar district, they shall be set apart and credited to it. If they

belong to a town, they shall be added to the sum otherwise ap

portioned to the town, and the whole sum shall be apportioned to the several districts and parts of districts therein, according

to a ratio based on the aggregate attendance.

[Con. School Law, tit. II, part of $ 13, rewritten without intended change.]

(Page 13, § 13.)

§ 213. Certificate of apportionment.—They shall sign, in dupli

cate, a certificate, showing the amounts apportioned and set apart

to each school district and part of a district, and the towns in

which they are situated, and shall designate therein the source

from which each item was derived; and shall forth with deliver

one of said duplicates to the treasurer of the county and transmit

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the other to the superintendent of public instruction.

[Con. School Law, tit. II, § 13, sub. 8, unchanged in substance.]

(Page 13, § 13, sub. 8.)

§ 214. Certificate to supervisor.—They shall certify to the super

visor of each town the amount of school moneys so apportioned

to his town, and the portions thereof to be paid by him for school

library purposes and for teachers' wages, to each such distinct

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district and part of a district.

[Con. School Law, tit. II, § 13, sub. 9, unchanged in substance.]

(Page 13, § 13, sub. 9.)

$ 215. Certificate to be filed.-On receipt of the apportionment

of the commissioner, the supervisor shall forthwith make a copy

thereof for his own use and deposit the original in the office of the

clerk of his town. The moneys apportioned to the town shall be

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