Apportionment of Public Money.- Before any city can receive any of the public money of the State, the superintendent of schools of such city must file an affidavit with the city treasurer or chamberlain, and a copy thereof with the Commissioner of Education, that he has made an investigation into the facts and that to the best of his knowledge and belief all the provisions of this law have been complied with in the schools under his supervision.

A similar affidavit must be made by the president of the board of education of each union free-school district and by the trustees of each common-school district and filed with the district superintendents having jurisdiction before the schools under the control of such boards shall be apportioned public money.

Duties of School Officers.- The law directs that local school authorities must provide the necessary facilities and a definite. time and place for this branch in the regular courses of study. Under this provision of law the Commissioner of Education has ruled that where school patrons are unable or unwilling to buy necessary text-books the local authorities may purchase such books at the expense of the district.

Withholding Public Money.- Where it is established to the satisfaction of the Commissioner of Education, upon appeal, that any city or school district has failed to comply with the provisions of this law, he is required to withhold the public money of such city or district until it meets the requirements of the law.

[Article 26-b]

Humane Treatment and Protection of Animals and Birds.— 1. Boards of education in cities, union free-school districts and towns are required to include in their courses of study provision for instruction in the humane treatment and protection of animals and birds and the important part they play in the economy of

nature.

2. The Board of Regents is required to prescribe the period of time which shall be devoted to instruction in such subject each year. Instruction in such subject may be correlated with instruction in literature, reading, language, nature study or ethnology.

3. If the instruction required under this law is not given the public money of the district, city or town may be withheld.

[Article 26c]

Courses of Instruction in Patriotism and Citizenship.- In order to promote a spirit of patriotic and civic service and obligation and to foster in the children of the State moral and intellectual qualities which are essential in preparing to meet the obligations of citizenship in peace or in war, the Regents of the University of the State of New York shall prescribe courses of instruction in patriotism and citizenship, to be maintained and followed in all the schools of the State. The boards of education and trustees of the several cities and school districts of the State shall require instruction to be given in such courses, by the teachers employed in the schools therein. All pupils attending such schools, over the age of eight years, shall attend upon such instruction.

Similar courses of instruction shall be prescribed and maintained in private schools in the State, and all pupils in such schools over eight years of age shall attend upon such courses. If such courses are not so established and maintained in a private school, attendance upon instruction in such school shall not be deemed substantially equivalent to instruction given to pupils of like age in the public schools of the city or district in which such pupils reside.

This article also provides that the Regents of the University of the State of New York shall determine the subjects to be included in such courses of instruction in patriotism and citizenship, and the period of instruction in each of the grades in such subjects. They shall adopt rules providing for attendance upon such instruction and for such other matters as are required for carrying into effect the objects and purposes of this article. The Commissioner of Education shall be responsible for the enforcement of this article and shall cause to be inspected and supervise the instruction to be given in such subjects. The Commissioner may, in his discretion, cause all or a portion of the public school money to be apportioned to a district or city to be withheld for failure of the school authorities of such district or city to provide instruction in such courses and to compel attendance upon such instruction, as herein prescribed, and for a noncompliance with the rules of the regents adopted as herein provided. (L. 1918, ch. 241.)

The requirements relative to physical training are treated in a later chapter.

Religious Exercises in Schools.- Religious exercises of any character cannot lawfully be conducted in any public school. No pupil can lawfully be compelled to remain in school during a religious exercise, nor can a pupil be compelled to take part in any religious exercise. No part of the time prescribed for a public school to be in session can lawfully be devoted to religious exercises of any kind. Reading the Bible or repeating a prayer is a religious exercise. These statements are based upon the uniform rulings and decisions of the State Superintendents of New York State, and the Commissioner of Education.

In many cases all the patrons of a school are willing that religious exercises should be held. In any such case, it has been the policy of the Education Department not to interfere in any way with the holding of such exercises.

Where a portion of the patrons of a school desire the observance of religious exercises and pupils assemble in the schoolroom previous to the regular hour for opening school, and no objection is made by any taxable inhabitant of the district, such exercises may be conducted, provided all pupils are permitted to act their pleasure in regard to attendance thereon, and, provided the exercises are not continued beyond the hour at which the school should regularly convene. Whenever any dissensions would arise from conducting religious exercises on this plan, such exercises should not be held.

REVIEW QUESTIONS

Who have the authority to adopt courses of study for common-school districts? For union free-school districts? Does the law provide what subjects shall be taught in common schools? What subjects must be taught? What subjects does the compulsory education act provide shall be taught to children who are required to attend upon instruction? What subjects, then, must be included in courses of study? In what schools must such subjects be taught? May other subjects be included? What is the remedy if trustees include subjects unreasonable, impracticable, etc.? What authority have teachers in arranging courses of study? What authority have parents? Can parents direct what subjects their children shall pursue in a public school?

In what schools must the subject of physiology and hygiene be taught? What is the provision of law relative to teaching about alcoholic drinks? What pupils must study the subject in graded schools? In ungraded schools?

What about kindergarten pupils? What pupils must use text-books? What pupils must receive oral instruction? What period of instruction from textbooks must each pupil receive? What is the official ruling on this question? What is the ruling relative to oral expression? How must text-books be graded? What portion of text-books for pupils below the high school grade must be given to this subject? For pupils above the high school grade? How must matters relating to this subject be distributed in text-books? What is the law relating to pages on this subject which are put at the end of a book? What are the requirements in relation to Regents' examinations?

CHAPTER XVIII

INDUSTRIAL EDUCATION

[Article 22]

(As Amended by Laws of 1919, Chapter 531)

Vocational Schools in Cities. Under the Industrial Education Law the board of education of any city may establish, acquire, conduct and maintain as a part of the public school system of such city the following:

1. General industrial schools in communities of less than twentyfive thousand inhabitants open to pupils who have completed the elementary school course or who have attained the age of fourteen years; and

2. Unit trade and technical schools open to pupils who have attained the age of fourteen years or who have completed the elementary school course or who have met such other requirements as the Commissioner of Education may have prescribed; and

3. Schools of agriculture, mechanic arts and homemaking, open to pupils who have completed the elementary school course or who have attained the age of fourteen, or who have met such other requirements as the local school authorities may have prescribed; and

4. Practical arts or homemaking schools open to pupils who have completed the elementary school course, or who have attained the age of fourteen years, or who have met such other requirements as the Commissioner of Education may have prescribed. Special requirements may be prescribed for courses conducted in communities of less than twenty-five thousand inhabitants.

5. Evening vocational schools in which instruction shall be given in the trades and in industrial, agricultural and homemaking subjects, and which shall be open to pupils over sixteen years of age, who are regularly and lawfully employed during the day and which provide instruction in subjects related to the practical work carried on in such employment; but such evening vocational schools providing instruction in homemaking shall be open to all women over sixteen years of age who are employed in any capacity during the day.

Part-Time or Continuation Schools.-The board of education of each city and of each school district in which there are twenty or more minors above the age of fourteen years and below the age of eighteen years, who are not in regular attendance upon instruction, shall establish and maintain part-time or continuation schools or classes in which such minors shall receive instruction. Such schools or classes may be established in public school buildings,