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taught English grammar, arithmetic, mathematics and such other branches of knowledge as are most useful and necessary to complete a good English education."

The act of 1795 expired by limitation in five years, and since that time the subjects of study have not been prescribed by law, except that the Compulsory Education Law (Con. School Law, tit. XVI, § 6, page 114,) requires children between certain ages to attend upon instruction at a school in which “ reading, spelling, writing, arithmetic, English grammar and geography are taught.” We think the statute should prescribe a reasonable course of elementary and general instruction, and this section is framed to express that view.

In 1844 the reading of the Bible was authorized in the city of New York. This provision of law was repeated in 1851, and continued in the revised charter of 1882. In 1897 the Greater New York charter re-enacted the same provisions for the new city, which contains nearly, if not quite, half the population of the State. The pending bill extends this provision throughout the State.]

$ 6. Who may attend common schools.--All children of school

age may attend the common schools without charge, subject to

rules prescribed or authorized by law.


§ 7. School age.—A person is of school age who is over five

and under twenty-one years of age.
[Con. School Law, tit. VII, part of $ 36.]
(Page 45, § 36.)

$ 8. School year.— The school year begins on the first day of

July and ends on the last day of June. A "year," as used in

reference to the term of a district officer, means a school year.


§ 9. School day.—A school day is a day on which a common

school may legally be taught. It includes each week day, except Saturday or a holiday. A school can only be in session on a

school day.


§ 10. Municipality defined.—The term “municipality” as used

in the chapter includes a county, city, town or village.


§ 11. Definition of district.—The term “ district,” as used in

this chapter, unless otherwise indicated, means a local subdivis

ion of the state which has authority to establish and maintain a

common school.

[New. A school district is a municipal corporation. See General Corporation Law, $ 3.]

[blocks in formation]

wise indicated, means a school commissioner elected or appointed

under this chapter, and who has jurisdiction in a given case.


$ 14. Trustee.-The term “trustee," unless otherwise indicated,

means a trustee of a common school district.


§ 15. School officer.—The term “school officer” includes a school

commissioner, each officer of a school district, and each officer of

a municipal corporation or other person who is charged with the performance of any duty under this chapter, or by law, in rela

tion to any matter concerning public schools.


$ 16. School authorities.—The term “school authorities," as

used in this chapter, means a trustee, board of education, or

other governing body, board or officer charged by law with the

supervision and administration of school affairs in a given mu

nicipality or district.


$ 17. Duty of school authorities.—The school authorities of

each city and district shall maintain common schools therein, and

for that purpose shall employ teachers, provide text-books when

authorized, and adequate accommodations for such schools, and

raise and expend necessary funds.


§ 18. Duty of superintendent.—If a city or district fails to com

ply with the requirements of the last section, the state superin

tendent of public instruction shall take possession of school prop

erty therein, employ teachers, janitors and other necessary em

ployes, provide text-books and accommodations, and maintain

such schools. The expenses incurred by him for that purpose are

a charge on the city or district, and may be paid by him from

any state school moneys apportioned to it, or he may direct the

amount to be raised by tax; or make out a tax list and issue

a warrant in his name of office to the collector of the city or dis

trict, or appoint another collector. A collector so appointed possesses all the powers and is subject to all the duties and re

sponsibilities of a collector elected under this chapter.


$ 19. Supervision under this chapter exclusive.- Where a

school or institution is subject to the supervision of the depart.

ment of public instruction, the university, the school authorities,

or other school officers, or two or more of them, such supervision

is exclusive.

But this section does not affect the right of visita

tion or inspection conferred by the constitution on any officer,

board or commission.




Section 25. Classification of school districts.

26. Joint district.

27. Existing districts continued.

28. Creation of school district.

29. Alteration of districts upon consent.

30. Alteration upon refusal to consent.

31. Notice of hearing.

32. Hearing and decision.

33. Dissolution by commissioner.

34. Dissolution by superintendent.

35. Disposition of property of dissolved district.

36. Deposit of records with town clerk.

37. Alteration or dissolution of joint district.

Section 38. Annexing district to union school district.

39. Consolidation of districts.

40. Alteration of a bonded district.

41. Continuance of dissolved districts.

42. First meeting in new district. [General note.- This article is substantially a codification of existing law on the subject of the formation and dissolution of school districts. The law has been re-written for the purpose of making it more clear and harmonious. Ample provision is made for the consolidation of districts either by the commissioner upon his own motion or by a vote of the people. The superintendent is also given power to dissolve a district where the daily attendance does not exceed five. This will permit districts to become consolidated under one school administration, and will enable the smaller districts to join a central school and obtain its advantages. The board of education of the consolidated district may provide for the accommodation of all the children either by branch schools or by providing for their transportation to the central school.)

§ 25. Classification of school districts.-School districts are

classified as follows:

1. Common school districts. Such districts are under the sa

pervision of one trustee.

2. Union school districts. Such districts are under the super

vision of a board of education.

3. Districts created by special law, which are under the super

vision thereby established.


$ 26. Joint district.-A joint district is composed of parts of

two or more commissioner districts.


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