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12. Stay of proceedings. An appeal, of itself, does not stay

proceedings. If the party desires such stay he should apply for it by petition, stating the facts upon which such stay should be made, duly verified. The Commissioner of Education will grant a stay, or not, as in his judgment it may be proper, or may subserve the interests of either party or the public, and may direct a copy of the petition to be served on the opposite party, and a hearing on both sides before deciding upon the application.

13. Affidavit of verification. The affidavit of verification, required by these rules to an appeal, answer, reply, replication and rejoinder, must be to the effect, that the same is true to the knowledge of the affiant, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true.

14. Oaths. All oaths required by these rules may be taken before any person authorized to take affidavits.

15. Papers to be legibly written. All appeals, petitions and other papers therein must be fairly and legibly written; and if not so written, may, in the discretion of the Commissioner of Education be returned to the parties.

16. Names of parties or attorneys to be indorsed on paper. When any party, appellant or respondent, is not represented on the appeal by an attorney, the name of such party, with the names of the district, town and county and his post-office address must be indorsed upon each paper of the party so represented, filed in the Department on such appeal; and, when represented by an attorney, the name of such attorney, with the name of the distrist, town and county affected and his post-office address, must be so indorsed upon each paper of the party so represented, filed in the Department on such appeal.

17. Oral argument; briefs. Submission of appeals may be made upon the papers filed therein, with or without oral argument, or the filing of briefs, as the Commissioner of Education, upon application, may determine. Arguments and hearings in appeals and other proceedings pending before the Commissioner of Education may be held before the Deputy Commissioner of Education, when authorized by the commissioner.

18. Decision. The decision of the Commissioner of Education in every case will contain the order, or directions, necessary and proper for giving effect to his decisions.

19. Decision to be filed. A decision upon an appeal will be forwarded by the Commissioner of Education to the clerk of the school district in which the appeal arose, or to the town clerk of the town, when the appeal relates to the alteration of a district in which the order appealed from is filed, whose duty it will be to file the same in his office as a public record.

20. Records and reports. The Commissioner of Education will, in his discretion, in the determination of an appeal, take into consideration any official records or reports on file in the Education Department and relating to the issues involved in such appeal.

REVIEW QUESTIONS

Who may appeal to the Commissioner of Education? What actions are appealable? Why was judicial authority conferred on the Commissioner of Education? What general power has the Commissioner in such matters? Are his decisions reviewable? Give in substance case 159 N. Y., 162. How was this affected by the amendment of 1910? What additional power was given the Commissioner of Education in 1910?

INDEX.

Academic instruction, duty of district to provide...

Academies transferred to trustees.

Administration division

Animals and birds

Appeals to commissioner of education.

Arbor day:

date of

duty of school authorities.

history of...

nature poem

program for
state flower

state tree

Athletics, control of.

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Attendance division

Blind institutions

Board of education:

academic department, establishment of........

108

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election of, in districts having three hundred children.......
eligibility. . . .

101-104

97

employ teachers

erect and repair buildings.

109

107

expenses of members of boards attending educational meetings.. 114

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may adopt an academy as an academic department..

may hire school rooms and furnish them.....

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III

113

107

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publish statement of receipts and disbursements..

remove members of board...

II2

96

107

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98

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notice to candidates of election...

organization of inspectors

penalty for falsely swearing or illegally voting...

319

316

318

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transfer of name to poll list of another district..

use of voting machines....

where election shall be held..

City school systems:

action on estimate

annual estimate, budget, bonds, etc......

assistant, district and other superintendents....

associate superintendents-board of superintendents..

general provisions

board of education

contracts...

how chosen

local school boards

meetings of board

314

320

315

313

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number of members

282

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