standing

sioner of highways and of an engineer of the state highway department in charge of the construction of such highway, and that it is just and equitable that said contractor be reimbursed for such additional expense, the amount of such additional expense, for both labor and material, shall constitute a legal and valid claim against the state, notwithstanding that no contract in writing for Notwiththe placing of such additional stone was made between the state lack of commissioner of highways and the said John W. Gurnett, and the contract. court may award to and render judgment for the claimant against the state for such sum as it shall deem just and equitable, not exceeding the sum of seven thousand four hundred thirty-three dollars and ninety-four cents, with interest from the time when the construction of such highway was completed.

2. This act shall take effect immediately.

written

Chap. 680.

AN ACT to amend the education law, relative to salaries of teachers and employees and providing state aid for the payment thereof. 1

Became a law May 10, 1920, with the approval of the Governor. Passed, three-fifths being present.

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

(revision of

L.

ch. 140), § 883,

Section 1. Section eight hundred and eighty-three of chapter L. 1909, twenty-one of the laws of nineteen hundred and nine, entitled "An act relating to education, constituting chapter sixteen of the 1940), consolidated laws," as amended by chapter one hundred and forty as added by of the laws of nineteen hundred and ten, as added by chapter six hundred and forty-five of the laws of nineteen hundred and amended. nineteen, is hereby amended to read as follows:

883. Salaries in cities of the first class having a population of one million or over. The schedules adopted by the board of education, in a city of one million inhabitants or more, shall not discriminate between the salaries and salary increments of members of the teaching staff in such schools because of the sex of said members notwithstanding any provision of the charter of

1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made.

L. 1919,

such city inconsistent herewith. On and after August first, nineteen hundred and twenty, such salaries and increments shall be not less than those prescribed in the following schedules:

A. ELEMENTARY SCHOOLS.

Schedule A-1. All teachers of kindergarten to six-b classes: First year, not less than one thousand and five hundred dollars; annual increment, not less than one hundred and twenty-five dollars; number of annual increments, not less than eleven.

Schedule A-2. All teachers of seven-a to nine-b classes: First year, not less than one thousand nine hundred dollars; annual increment, not less than one hundred and fifty dollars; number of annual increments, not less than nine.

Schedule A-3. All teachers of special subjects in the day elementary schools and all teachers teaching classes, in such schools, for which a special license is required; same as schedule

a-two.

Schedule A-4. Assistants to principal (heads of departments): First year, not less than three thousand four hundred dollars; annual increment, not less than one hundred dollars; number of annual increments, not less than two.

Schedule A-5. Principals of day elementary schools, and heads of model schools; principals of schools for the deaf, for the crippled; principals of continuation, prevocational, parental, or probationary schools: principals of intermediate (junior high) schools: First year, three thousand seven hundred and fifty dollars; annual increment, two hundred and fifty dollars; number of increments, four.

Schedule A-6. Teacher clerks: First year, twelve hundred dollars; annual increment, one hundred dollars; number of increments, six.

B. HIGH SCHOOLS AND TRAINING SCHOOLS.

Schedule B-1. Assistant teachers, including teachers of cooking, sewing and physical training, model teachers and critic teachers: First year, one thousand nine hundred dollars; annual increment, one hundred and fifty dollars; number of annual increments, twelve.

Schedule B-2. First assistants: First year, three thousand two hundred dollars; annual increment, two hundred dollars; number of annual increments, five.

Schedule B-3. Clerical, laboratory, library and placement and investigation assistants: First year, one thousand four hundred dollars; annual increment, one hundred dollars; number of annual increments, ten.

Schedule B-4. Principals of training and high schools having twenty-five or more classes: First year, five thousand five hundred dollars; annual increment, two hundred and fifty dollars; number of annual increments, two.

The board of education of such city shall adopt schedules and schedule conditions to become effective on and after the first day of August, nineteen hundred and twenty, which schedules and schedule conditions shall fix the compensation or salaries of the members of the teaching and supervising staffs, as specified and required in the foregoing schedules, and shall also fix the compensation or salaries of all other members of the teaching and supervising staffs and of other employees of the board of education, whether on a per annum or on a non-per annum basis, including, in addition to those falling within the foregoing schedules, the superintendent of schools, all associate, district or other superintendents, members of the board of examiners, assistant examiners, directors, assistant directors, inspectors, supervisors, special instructors, special teachers, administrative assistants, clerical assistants, librarians, attendance officers, secretaries, auditors, clerks, teacher clerks and all officers and employees of said board of education, notwithstanding any provision to the contrary contained in the charter of such city or in any act relating to such city or in any general, special or local act. The schedules and schedule conditions so to be adopted, fixing the salaries of such members of the teaching and supervising staffs and other employees as do not fall within the foregoing schedules, shall provide that on and after the first day of August, nineteen hundred and twenty, the compensation, salaries and salary increments to be paid to each of said persons shall be not less than the compensation or salaries fixed for each of said persons by the schedules and schedule conditions adopted by said board of education as filed with the commissioner of education prior to the first day of April, nineteen hundred and twenty, plus the following amounts: not less than thirty per centum of all compensation or salary of each of said persons, as so fixed in such schedules and schedule conditions, if such compensation or salary earnable

SS3a added.

during any one year does not exceed two thousand dollars; not less than twenty per centum of the compensation or salary of each of said persons, as so fixed in such schedules and schedule conditions, if such compensation or salary earnable during any one year exceeds two thousand dollars, but does not exceed four thousand dollars; and not less than ten per centum of the compensation or salary of each of said persons, as so fixed in such schedules and schedule conditions, if such compensation or salary earnable during any one year exceeds four thousand dollars. Any provision in any schedule or schedule condition which postpones the full operation of said schedules beyond the first day of August, nineteen hundred and twenty, shall be of no effect and any provision of law which authorizes such postponement beyond the first day of August, nineteen hundred and twenty, is hereby repealed and the compensation, salaries and salary increments in the schedules to be adopted pursuant to the provisions of this act shall become fully operative and shall be paid on and after said first day of August, nineteen hundred and twenty, subject, however, to provisions of law relating to approval of service as satisfactory.

§ 2. Article thirty-three-b of such chapter, as inserted by chapter six hundred and forty-five of the laws of nineteen hundred and nineteen, is hereby amended by inserting therein a new section, to be known as section eight hundred and eighty-three-a, and to read as follows:

§ 883-a. Special provisions as to certain high schools. In a city of the first class having a population of one million or more inhabitants, the board of trustees, officers or bodies having appropriate jurisdiction shall adopt schedules and schedule conditions to become effective on and after the first day of August, nineteen hundred and twenty, fixing the compensation or salaries of principals, assistants, teachers, instructors, clerical assistants and all persons employed in the management, administration or supervision of a high school or a model school in said city, in which high school or model school the compensation or salaries of said. persons are paid directly or indirectly out of moneys appropriated by the board of estimate and apportionment or like financial authority in said city, and in which the minimum curriculum or course of study is established or is subject to approval by the board of education of said city or by the board of regents of the state of New York, and which is maintained in every respect as a public high school or model school. Such schedules shall pro

vide for compensation, salaries and salary increments to be paid to each of said persons which shall be not less than those fixed and adopted by the board of education of said city pursuant to the provisions of this act, for principals, teachers, instructors, clerical assistants and employees performing like services in the high schools and model schools under the jurisdiction of said board of education. The board of estimate and apportionment or like financial authority of such city shall, in addition to any other appropriation provided for by law for such school, appropriate annually for such school an amount sufficient to pay the increases in salaries provided for in this section, and the money so appropriated shall be used for the payment of said increases in salaries.

amended.

$3. Sections eight hundred and eighty-four, eight hundred and i 884-886 eighty-five and eight hundred and eighty-six of such article are hereby amended to read as follows:

884. Salaries in cities of the first class having a population of less than one million. In a city of the first class having a population of less than one million the board of education shall adopt schedules and schedule conditions to become effective on and after the first day of August, nineteen hundred and twenty, which schedules and schedule conditions shall fix the compensation or salaries of the members of the supervising and teaching staff in said city. The schedules and schedule conditions so to be adopted shall provide that on and after the first day of August, nineteen hundred and twenty, the annual compensation or salary paid to each member of the supervising and teaching staff in said city shall be not less than four hundred dollars in advance of the compensation or salary fixed in the schedules adopted by said board of education prior to and in effect on the first day of March, nineteen hundred and twenty, as the same shall appear in the schedules filed in the office of the state commissioner of education, provided that on and after said first day of August, nineteen hundred and twenty, the minimum compensation or salary paid to any member of the supervising and teaching staffe in the junior high schools of said city shall be not less than one thousand six hundred dollars per annum. The schedules and schedule conditions so to be adopted shall provide further that on and after said first day of August, nineteen hundred and twenty, the annual increments in each and every sched2 As added by L. 1919, ch. 645.