Section 16. School authorities. 17. Duty of school authorities. 18. Duty of superintendent. 19. Supervision under this chapter exclusive. [General note.-The first article relates to general provisions, including many definitions and statements of powers and duties not now a part of the law.] Section 1. Short title.-This chapter shall be known as the education law. [New.] § 2. Free common schools. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. [Constitution, article IX, § 1.] § 3. Common schools.-The term common schools" includes: 1. Public schools which alone or in branches, parts or other divisions, provide free instruction for all children of school age residing in the district; but does not include a department or school under exclusive supervision of the regents. 2. Schools for the blind, deaf-mutes or other defectives under this chapter. 3. Free public kindergartens. [New.] § 4. Public school.-A public school is one established by the state, a municipal corporation, or school district, and wholly under public supervision and control. [New.] § 5. Instruction in public schools. The public schools shall provide instruction in the English language in the following subjects: 1. Reading, writing, spelling, arithmetic, English grammar and composition, geography, drawing, physiology and hygiene, American history, civil government and good behavior. 2. Good morals; and for this purpose the Bible may be read either as a part of the school exercises or otherwise. Such reading may be from any version, but must be without note or comment. 3. In such other subjects as may be prescribed or permitted by the school authorities, the superintendent, or by law. [New. Only three acts were passed during the Colonial period in New York relating to education, and these were of a limited or temporary character. The first (1702) provided for the " encouragement of a grammar free school in the city of New York." This required instruction in the "languages or other learning usually taught in grammar schools." This act continued in force eight years. The next law (1732) provided for the establishment of a "public school in the city of New York for teaching Latin, Greek and Mathematicks." This was not a public school, but provided for instruction of twenty youths "not under fourteen years of age, who had been well instructed in reading and writing of English." Pupils were to be selected from the different counties. This act continued in force six years. The first common school act of the State (1795) provided that children should be instructed "in the English language, or be 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. [New.] § 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. [New.] § 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. [New.] § 10. Municipality defined. The term "municipality" as used in the chapter includes a county, city, town or village. [New.] § 11. Definition of district.-The term "district," as used in this chapter, unless otherwise indicated, means a local subdivision 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.] 66 § 12. Superintendent. The term superintendent," unless otherwise indicated, means the state superintendent of public instruction. [University Law, § 2, sub. 5.] § 13. Commissioner.-The term "commissioner," unless otherwise indicated, means a school commissioner elected or appointed under this chapter, and who has jurisdiction in a given. case. [New.] § 14. Trustee. The term "trustee," unless otherwise indicated, means a trustee of a common school district. [New.] § 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 relation to any matter concerning public schools. [New.] § 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 municipality or district. [New.] § 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. [New.] § 18. Duty of superintendent.-If a city or district fails to comply with the requirements of the last section, the state superintendent of public instruction shall take possession of school property therein, employ teachers, janitors and other necessary employes, 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 district, or appoint another collector. A collector so appointed |