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If it is contained in the report to the commissioner, he shall in. clude such information in his report to the state superintendent.

[New.]

§ 434. Application, to whom presented.--An application for the admission of a pupil to a school for the blind must be addressed to the state superintendent of public instruction, and presented to the school authorities of the district or city in which the child resides. The application must be verified, and may be made by either parent or the guardian or other relative of the child. It shall state the name, residence and occupation of the applicant, the name, age and residence of the child, and his relationship to the applicant, and whether he has ever attended a school for the blind or received instruction elsewhere, and if so where such instruction was received. It shall also contain such other informa tion as may be required by the state superintendent. The school authorities shall immediately transmit the application to the state superintendent, who shall inquire into the matter and determine whether the child can be accommodated in a school for the blind, and whether he is entitled to receive instruction therein.

[New.]

§ 435. Order of state superintendent. If the superintendent de termines that the child can and should be sent to a school for the blind, he shall make an order to that effect, and deliver it to the superintendent of the school or institution designated therein, who shall provide for the transportation of such child to the school.

[New.]

§ 436. Removal and transfer of children.-A child who has been received into a school may, with the approval of the state superintendent, be removed therefrom and returned to his parents or guardian or other applicant, or may be transferred to another state school for the blind or a school authorized to receive and instruct blind children under a contract with the superintendent, or otherwise.

[New.]

$ 437. Expenses of transportation, how paid.—The expense of transporting a blind child to or from a school for the blind, and of his instruction, support, care and maintenance therein, shall be paid by the state. A non-resident pupil or a pupil above school age, must pay his expenses, to be determined by the state superintendent.

[New. Substitute for L. 1867, ch. 744, § 13.7

$ 438. Clothing, how furnished; expenses, how paid.—The per sons liable for the support of a child may furnish clothing for him while in attendance at a school under this article, under regulations prescribed by the state superintendent. If clothing is not so furnished, it shall be furnished by the school, and the expense thereof shall be paid upon the audit and certificate of the state superintendent by the treasurer of the local board of a state school and otherwise by the state treasurer. The state superintendent shall make rules relating to this subject, and may in any case, for good cause, direct that all or any part of the expense of clothing a child named in the order be paid by the state. Such persons, or the estate, if any, of the child, shall be liable for such clothing furnished by the school. The local superintendent shall, at such stated periods as the rule may prescribe, present to the persons liable for the support of the child, a verified account of such clothing, and if the account is not paid within thirty days thereafter, he may sue for and recover the amount thereof in his name of office for the benefit of the school. This section applies to a school or institution with which a contract is made by the state superintendent.

[New. Substitute for L. 1867, ch. 744, § 13, and
L. 1852, ch. 333, § 3, as amended by
L. 1871, ch. 146.]

§ 439. Contracts for the instruction of the blind. The state superintendent may contract with the trustees or managers of a school or institution for the blind, for the instruction therein of resident blind children of school age who, in his judgment, cannot be accommodated at a state school. Such a contract cannot be made by the superintendent for a period extending beyond his term of office. If a contract is so made, blind children may be sent to such a school or institution under regulations to be presc:ibed by the superintendent; but in granting applications for admission of blind children, preference shall be given to a school for the blind owned and wholly maintained by the state, if such school has sufficient accommodations, except that children residing in a county where a school or institution with which a contract is made is located, or in an adjoining county, shall be sent to such school or institution, if it has sufficient accommodations, otherwise they may be sent to a state school. A school or institution with which a contract is made under this section becomes a school for the blind, under this chapter, and subject to all its provisions, so far as practicable.

A contract may be made under this section with The New York Institution for the Blind in The City of New York.

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$ 440. Contracts for the instruction of deaf-mutes.-A contract for the instruction of deaf-mutes may be made by the state superintendent with one or more of the following schools or institutions: New York Institution for the Instruction of the Deaf and Dumb, in New York; Le Couteulx St. Mary's Institution for the Improved Instruction of Deaf-Mutes, in Buffalo; The Institution for the Improved Instruction of Deaf-Mutes, in New York; St. Joseph's Institute for Improved Instruction of Deaf-Mutes, in Fordham; The Central New York Institution for Deaf-Mutes, in Rome; Western New York Institution for Deaf-Mutes, in Rochester; The Northern New York Institution for Deaf-Mutes, in Malone, and the Albany Home School for the Oral Instruction of the Deaf and Dumb, in Albany; but such contract shall not be made unless the superintendent is satisfied that the school or institution 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.

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$ 441. Cancellation of contract.—The state superintendent may cancel a contract under this article, upon a notice of not less 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.

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§ 442. Expenses for instruction and maintenance; how paid. The expenses of the instruction and maintenance of blind chil. dren 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, upon 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 fifty dollars per annum for the instruction and maintenance of the children in such school or institution, exclusive of clothing. A school or institution may also be allowed the expense incurred by it for clothing furnished to a child, upon 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 per song liable for the support of such child or from his estate.

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$ 443. Superintendent to prescribe instruction, et cetera.—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 depart

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