between the beginning of the litigation and the decision of the Court of Appeals. (People ex rel. Gilmour v. Hyde, 89 N. Y. 44.)

Special Powers for Fredonia School. The practice department of the Fredonia normal school is treated as a union free-school district.

Jamaica School. This school was established in 1893 and opened in 1897. It was transferred by chapter 524, Laws of 1905, to the control of New York city.

RETIREMENT OF TEACHERS

[Article 43a]

General Statement.- The Legislature of 1910 enacted a civil service retirement law. It is the first law of this character enacted in the history of the State. It applies to teachers employed for a certain period of time in a college, university, school or institution maintained and supported by the State and to teachers in schools. for the deaf and dumb and the blind receiving pupils whose instruction and support are paid for by the State. It was more particularly enacted, however, in the interests of the teachers employed in the State normal schools. Teachers are therefor the first of the civil employees of the State to receive recognition under a retirement fund.

Who May Retire or be Retired.-- A person who has taught in the aggregate thirty years either in this State or elsewhere and for ten years immediately preceding application for retirement taught in one of the State institutions above described must on his request be retired. Service in teachers' institutes may be counted the same as teaching.

2. A teacher of like age and experience who does not make application for retirement may on the order of the Commissioner of Education be retired.

3. A teacher who has taught ten years in one of these institutions and who has taught an aggregate period of twenty years and who has become physically or mentally incapacitated and such fact is certified by the board in charge of the institution in which he is teaching may on the order of the Commissioner of Education be retired.

Retirement Certificate. A teacher who is entitled to retire or to be retired under either of the first two provisions defined in

the preceding paragraph should execute an affidavit setting forth. the number of years of employment, the places where employed and the salary received at the time. Such affidavit should be filed with the Commissioner of Education. The Commissioner of Education if satisfied that the affidavit is truthful should issue a certificate to such teacher to the effect that he has been retired from active service.

If a teacher is retired on the order of the Commissioner of Education he should also issue to such person a retirement certificate.

Amount to be Paid to Retired Teacher.-A teacher retired under this law is entitled to be paid one-half his salary at the time of retirement but the amount paid shall in no case exceed $1,000. In no case shall the amount be less than $300.

Time of Payment. The law provides that payment shall be made quarterly commencing with the first quarter after the date of the issuance of the retirement certificate.

Substitute Teachers.— Before the enactment of the retirement law for teachers employed in State institutions about one dozen teachers had been retired in the State normal institutions. Some of these teachers were eighty years of age and had devoted their lives to the teaching service in the State. The retirement law could not be made retroactive to meet their cases. The education law was therefore amended by providing that any teacher who had been retired in any of these institutions and who had taught a period of time in the State and in these institutions to have entitled him to retirement under the retirement law, had such teacher been in the service after the enactment of such retirement law, might be appointed as a substitute teacher in the position which such person last held in the service of the State and that the person thus appointed as substitute teacher should thereafter serve in that position for the remainder of his life. The purpose of this act was to accord to these teachers the right to receive the same annual compensation which such teachers would be receiving were they eligible to retirement and legally retired under the retirement law. The law therefore provided that these teachers should be entitled to receive twothirds the salary they were receiving in the position when retired, if they were assigned to active work. If not assigned to active teaching in the institution such substitute teachers were to receive. one-half of the salary received at the time of retirement, but in no case less than $300 or more than $1,000 annually.

REVIEW QUESTIONS

How many normal schools are there in the State? When was the first one established? Where? When was it made permanent? What change was made in this school in 1890? In 1914? How many persons have been graduated from these institutions? What is the annual attendance? What does it cost annually to maintain them? What is the value of their property? What is the object of these institutions? How are they established?

Who has general supervision of these schools? What local authority has supervision of these schools? How is the local board chosen? For what period? Who is the executive officer of the board? Of how many members does the local board consist? How may members of this board be removed? What is the board in charge of the State College for Teachers called? Of how many members does it consist? What are the duties of the local board in relation to establishing regulations? In submitting reports to Legislature? In caring for buildings and other property? In appointing special policemen? In supplying schools with equipments? In accepting gifts made to the schools for the State? In employing teachers? In dismissing teachers? State fully the powers and duties of the Commissioner of Education.

Who may be admitted to these schools? By whom are appointments made? By whom approved? What certificates of proficiency are accepted?

To what privileges are pupils entitled? Who may dismiss pupils? For what reasons? Upon what conditions are non-resident pupils admitted? Who are non-resident pupils? What amount is the State Comptroller authorized to pay each year for the support and education of Indian youth in these schools? How many of such youth may be educated from such fund? How are they chosen? What must be their age? How many years may they attend these schools? Who is made guardian of these pupils? What amount may be expended each year upon these pupils?

What courses of study do these school have? Are these courses uniform? By whom are they prescribed? Who receive diplomas from these schools? By whom are such diplomas prepared? By whom are they signed? What privilege do such diplomas confer? For what may they be revoked?

How may tuition money be expended? Where must money derived from insurance be deposited? What application may be made of such money? What are academic departments in these schools? How were they created? Who may attend these departments? Can non-resident pupils be admitted? How may a teacher be removed? Give details of the case relating to the removal of Principal Hoose, of Cortland.

What was the first law authorizing the retirement of State civil employees enacted in this State? To whom does it apply? Name the various conditions under which such teachers may retire or be retired. By whom is a retirement certificate issued? When? What amount is to be paid a retired teacher? The maximum to a supervising official or a principal? To a teacher? The minimum amount? When is it payable? What are substitute teachers? By whom are they appointed? What compensation may they receive when employed? When not employed?

CHAPTER XXVIII

TEACHERS' TRAINING CLASSES, TRAINING SCHOOLS

TEACHERS' TRAINING CLASSES

[Article 31]

66

Historical Sketch.- Training classes were organized in the academies as early as 1821. In 1827 the Legislature increased the amount of the literature fund, and one of the purposes for such increase as specified in the law was to promote the training of teachers." In 1834 an act was passed providing for the organization of Teachers' Training Classes. They were under the supervision of the Board of Regents from that year until 1889, when their supervision was transferred by an act of the Legislature to the State Superintendent of Public Instruction.

Object.— Teachers' Training Classes are organized to give instruction in the science and practice of common-school teaching to persons who desire to become teachers in the public schools of the State. These teachers are trained generally for the rural schools. Institutions Which May Organize Them.- Academies and union free schools are the only institutions in which these training classes may be organized, and only such of these institutions as the Commissioner of Education designates. So many of the old academies have been merged with the public school system that these classes are now maintained in union free-school districts only.

How Such Institutions are Designated. The Commisssioner of Education has authority, by law, to adopt regulations by which institutions desiring the appointment to organize training classes must be governed. (As these regulations may be changed at any time by the Commissioner of Education they are not given in this work, but may be obtained from the University upon application.) The regulations are submitted by him to the Board of Regents for approval.

An institution desiring an appointment to instruct a class should obtain a blank application from the Commissioner of Education,

supply the information called for in such blank, and then file it in the State Department at Albany. This application, properly filled out, should be filed not later than May 1st, and appointments made on such applications are for the school year beginning on the first day of August following. From the applications filed the Commissioner of Education selects those institutions which are the best equipped for the work and the selection of which will distribute such classes throughout the supervisory districts of the State so as to give equal advantages, as far as possible, to the people of all parts of the State. The number of appointments which may be made for any year is a matter of discretion on the part of the Commissioner of Education, but cannot exceed 115.

Number of Pupils in Class.- No class can legally be formed with a membership of less than ten or more than twenty-five.

Period of Instruction.-A class cannot legally be organized for a shorter period than thirty-six weeks, and it is within the authority of the Commissioner of Education to require a longer period. Under this authority the Commissioner of Education requires the organization of a class to be for two terms of not less than eighteen nor more than twenty weeks each. The Commissioner has also established a regulation requiring the amount of instruction in these classes for each day to consist of five periods. of forty-five minutes each in addition to the observation and practice teaching required.

Tuition. No pupil admitted to these classes and remaining therein the period required under the regulations of the Commissioner of Education can lawfully be charged for such attendance. A non-resident pupil who is a member of a training class and who leaves such class within the prescribed period without the consent of the Commissioner of Education may be charged tuition by the school authorities of. the district in which such training class is organized, at the rate charged non-resident pupils who are in attendance upon such school but who are not members of a training class.

Compensation Allowed.-An institution maintaining a training class of not less than ten pupils regularly organized and conforming to the regulations prescribed by the Commissioner of Education is entitled to receive $700 from the State. The teacher employed for training class instructor may also be reported for a teachers' quota and thus entitle the district to an additional $100. In case