Section 428. Trustee not to be interested in contracts. 429. Expenses of trustees. 430. Local board may take by grant, gift or devise. 431. School entitled to public documents. 432. Annual report of local board. 433. Report of school authorities. 436. Removal and transfer of children. 437. Expenses of transportation, how paid. 438. Clothing, how furnished; expenses, how paid. 439. Contracts for the instruction of the blind. 440. Contracts for the instruction of deaf-mutes. 441. Cancellation of contract. 442. Expenses for instruction and maintenance; how paid. 443. Superintendent to prescribe instruction, etc. 444. Instruction of deaf-mutes. 445. Duty of school authorities. 446. Application by school authorities. 448. Expenses of enforcement, how paid. [General note. The constitution requires the legislature to provide "a system of free common schools, wherein all the children of this state may be educated." The common schools as now established are only available for children in the possession of ordinary normal physical powers, and for obvious reasons can not be used for the instruction of the blind, or of the deaf and dumb. The duty of the state to provide for these unfortunate children is clearly within the scope of the constitutional requirement, and if they cannot be instructed in the ordinary schools, special schools should be established or provided for them. We have by this article made a somewhat radical change in the policy of the state, in relation to the education of the blind or deaf-mutes, by placing the whole subject under the jurisdiction of the department of public instruction and charging the local school authorities with the duty of attending to the administration of the law. Under the present law these local authorities have very little to do with the matter of furnishing instruction for the blind or of deafmutes, but this subject is left to certain judicial officers, or to officers connected with the local poor department and in a few cases to the state superintendent. We think that the education of these children is a matter of constitutional right, and that the subject should be treated as a part of the general scheme of education. We have, therefore, provided that blind children or deaf-mutes of school age may, and under the conditions stated in this article shall be sent to the proper state schools for instruction under the school system, and not as a part of judicial administration, or under laws relating to the poor. Application for admission to state schools, under this article, must be made to the state superintendent by way of the local school authorities. We also think that these children are not only entitled to actual instruction, so far as they are capable of receiving it, in the ordinary branches of education, but are entitled, while in a state school, to be maintained at the expense of the state. This maintenance is a necessary incident of their condition. The State School for the Blind at Batavia is continued, and is placed under the supervision and control of the state superintendent, who is directed to reorganize its board of trustees, and will make all future appointments. He is also authorized to make contracts with other schools for the instruction of the blind, if the accommodations at the state school are insufficient. The state superintendent is also given the exclusive right to direct the instruction of the children sent by him to the contract schools. This is a necessary provision, for if the blind are instructed under contract at the expense of the state, the course of instruction should be under the supervision of the superintendent, and should conform as nearly as practicable to that provided in the state school. The article also provides specially for the instruction of deafmutes, and the provisions in relation to the instruction of the blind are made applicable, in all respects, so far as practicable, to deaf-mutes. We have also provided a modified form of compulsory instruction of these children, by authorizing the school authorities to make application to the state superintendent to have them sent to the proper school, but the matter is left ultimately to the discretion of a local magistrate. The chief feature of the article is the change of policy in regard to the treatment and instruction of these unfortunate children, who cannot receive proper instruction at home schools, and the elimination from the law of any suggestion that they are considered in any respect as poor persons, or as recipients of charity. The state superintendent has the same authority and is charged with the same duty in relation to their instruction as are devolved upon him in relation to the other children of the state. This places the whole subject of elementary instruction in one department, and under one central authority, and these children, instead of being excluded from the privileges of the common school system, are brought within its provisions, and given the same rights as other more fortunate children. This article is a substitute for Consolidated School Law, title XV, §§ 40-43, providing for instruction for the blind, and the deaf and dumb, and L. 1865, ch. 587; L. 1867, ch. 744; L. 1872, ch. 616; L. 1873, ch. 463, relating to the New York School for the Blind at Batavia; and L. 1839, ch. 200; L. 1852, ch. 333; L. 1862, ch. 351; and L. 1871, ch. 166, relating to the New York Institution for the Blind in The City of New York. And the following laws relating to the commitment and instruction of the deaf and dumb: L. 1863, ch. 325; L. 1870, ch. 180; L. 1871, ch. 548; L. 1875, ch. 213; L. 1838, ch. 244; L. 1864, ch. 386; L. 1874, ch. 253; L. 1876, ch. 331; L. 1854, ch. 272; L. 1885, ch. 58; and L. 1884, ch. 275. All of which we intend to repeal by the education law.] Section 415. Free schools for the blind, and for deaf-mutes.— The legislature shall provide free schools for the instruction of the blind, and of deaf-mutes, of school age. [New.] § 416. Jurisdiction of state superintendent.-The state superintendent has exclusive supervision and control of the admission of pupils into a school for the blind or for deaf-mutes under this chapter, and their retention therein. He shall prescribe rules and regulations relating to such admission and the forms of application. [New.] § 417. School for the blind at Batavia.-The New York State School for the Blind at Batavia is continued, and shall hereafter be known as the State School for the Blind at Batavia. It shall be under the immediate supervision and management of a local board of trustees, but such board shall be under the general supervision and direction of the state superintendent. The school shall, so far as practicable, furnish to the blind children of the state of school age the best known facilities for acquiring a thorough education, and train them in some useful profession or manual art. The school is free to all resident blind children of school age, under such rules as may be prescribed by the state superintendent. If the accommodations of the school are sufficient, without excluding free resident pupils, blind persons above school age, and nonresidents, may be admitted upon such terms and conditions as may be prescribed by the state superintendent. [Mostly new. L. 1867, ch. 744, § 4.] § 418. Board of trustees.-The existing board of trustees is continued, subject to the power of removal herein prescribed. An appointment to fill a vacancy shall not be made until the number of trustees is less than seven. Thereafter the board shall be composed of seven trustees, and a vacancy shall be filled by appointment by the state superintendent. A trustee may be removed for cause by the state superintendent, after notice and an opportunity to be heard. [New.] $419. Reorganization of board.-The trustees in office when this chapter takes effect shall continue therein until the thirtieth day of June, eighteen hundred and ninety-nine. During that month the superintendent shall appoint seven trustees, and classify their terms so that one term shall expire in one year, one in two years, one in three years, one in four years, one in five years, one in six years, and one in seven years from the first day |