HANDBOOK FOR SCHOOL TRUSTEES

SUPERINTENDENT OF PUBLIC INSTRUCTION

Election.-Is elected by joint ballot of the Legislature; his term of office is for three years, commencing on the 7th of April next after an election thereto, with a salary of $5,000 a year (i. 2).

He is ex officio a regent of the university, and a trustee of Cornell University and of the New York State Asylum for Idiots (i. 6). He has entire charge of teachers' institutes, for the maintenance of which $30,000 a year is appropriated (x. 1-8); and of training classes, for which $60,000 a year is appropriated (xi. 1–7; 657).

Appeals. In case of an appeal to him from any act or decision pertaining to common schools, his decision shall be final, and not subject to review in any court (xiv. 1; 492–504, 557).

THE STATE SCHOOL MONEYS

How made up.-(a) The State tax authorized each year by the legislature (ii. 1); (b) such portion of the U. S. deposit fund as shall be appropriated; and (c) the income of the common school fund, constitute the State school moneys (ii. 4).

How apportioned by the superintendent.-On or before the 20th day of January in each year the superintendent shall set apart:

(1) The amounts required for salaries of (a) commissioners (see page 14); and (b) superintendents (see page 18);

(2) Such sums as may be appropriated by the legislature for library moneys;

(3) A contingent fund of $6,000;

(4) A sum for the Indian schools equivalent to their proportion upon the basis of distribution (ii. 5);

(5) The sum of $100 to each district for every qualified teacher who has been employed 160 days (ii. 6). See pages 89–104.

NOTE 1.-Where there has been a change of teachers, a succession of qualified teachers entitles the school to its distributive quota (ii. 6).

NOTE 2.-Pupils employed to teach, as monitors or otherwise, do not entitle to teachers' quota (ii. 6). See page 108.

NOTE 3.-The 160 days include legal holidays but exclude Saturdays. No school shall be in session on a legal holiday (ii, 6). The legal holidays in New York are Jan. 1; Feb. 12; Feb. 22; May 30; July 4; the first Monday in Sept.; Dec. 25; each general election day, and each day appointed by the President or by the Governor for thanksgiving, fasting and prayer, or other religious observance. When a holiday falls on Sunday, the following day is a holiday (677:1892). Arbor Day is the Friday following May 1. See page 116. NOTE 4.-The superintendent shall excuse a deficiency not exceeding 3 weeks in any school year caused by a teacher's attendance upon an institute within the county (ii. 6). See page 116.

He shall then apportion the remainder of the school moneys and the library moneys separately among the counties of the State according to population, excluding Indians.

NOTE.-In Counties containing cities having school acts, the part to which a city is entitled is apportioned to it separately. In all towns and cities of the State having a population of 10,000 or more, the superintendent takes a census in October of the odd years of the names and ages of all persons 416, and of all persons 12-21 unable to read and write, and of all other facts required to enforce compulsory law (550:1895). See page 43.

How apportioned by commissioners.-On the 3d

HOW APPORTIONED

11

Tuesday of March, the commissioners of each county shall meet at the county seat, and apportion the school moneys as follows:

They shall (a) set apart and apportion the library moneys; (b) credit to each district the amount apportioned by the superintendent; (c) add to the remainder any unexpended school moneys in the hands of the supervisors (vii. 54); (d) apportion the amount among the districts in proportion to the aggregate days of attendance; (e) send to the county treasurer and superintendent duplicate certificates showing the amounts apportioned to each school district; and (f) certify to the supervisor of each town the amount of school moneys apportioned to each district (ii. 13).

NOTE.-Library moneys.-They shall apportion the library money thus: To each district an amount equal to that which shall have been raised in said district for library purposes, by tax or otherwise; and if the aggregate amount so raised in the districts within the county shall exceed the sum apportioned to the county, the apportionment shall be pro rata to the total amount apportioned (ii. 13. 5; xiii. 1–8).

How distributed by the State and county treasurers.— The moneys so apportioned are payable on the 1st day of April succeeding to the county treasurers (ii. 12), who shall, immediately on receiving the commissioners' certificate of apportionment (ii. 16), pay to each supervisor the moneys apportioned to his town, as soon as the supervisor shall have filed a bond approved by the treasurer (ii. 17).

NOTE.-The refusal of the supervisor to give such security is a misdemeanor. In such case the moneys for the town are paid to some other person designated by the county judge (ii. 18).

How distributed by the supervisor.-The supervisor will pay out library moneys only upon the written orders of trustees; and school moneys for teachers' wages only upon written orders of trustees: except that when a collector in any district shall have given bonds, or treasurer shall be elected as required by law, he shall pay over such school moneys to such collector or treasurer (iii. 4; vii. 14. 4, 5; 594-596, 659).

NOTE 1.-Where there is more than one trustee in a district, the written order must be signed by a majority of them (iii. 4).

NOTE 2.-In case of a union free school district the moneys both for teachers' wages and for library moneys shall be paid over to the treasurer (iii. 4. 3).

SUPERVISOR

Town school treasurer.-He is the custodian of the school moneys of the town (ii. 16); must give a bond (ii. 17); must report to the superintendent whether there be gospel or school lots and how they are rented (ii. 22); whether the town has a common school fund, and if so how it is applied (ii. 23); sue for and recover penalties (iii. 4. 9; vii. 13, 15); and act when required in the erection or alteration of a school district (vi. 4; 535), in which case he shall be paid $1.50 a day for his services (vi. 5). If when elected he is a trustee or a member of a board of education he vacates that office (vii. 22; viii. 5).

NOTE 1.-When a district is dissolved he shall sell its property at auction, apply the proceeds to the payment of its debts, and apportion the residue among the owners of taxable property in proportion to their last assessments (vi. 10; 592, 593, 647). He may also sue for any money of the district outstanding (vi. 11),

NOTE 2.-The board of supervisors may divide a school commissioner district which contains more than 200 school districts (Chap. 686, laws of 1892; 627).

Report. On the 1st Tuesday in March he shall make a written report to the county treasurer (iii. 3).

NOTE 1.-The supervisor is to keep a true account of all school moneys received and disbursed, and lay the same with proper vouchers before the board of town auditors at each annual meeting thereof (iii. 4, 4). He is also to keep a record of all receipts and disbursements in a bound blank book, which he shall deliver to his successor in office (iii. 4, 5).

NOTE 2.-Whenever after the first day of March in any year any county has failed to pay its share of the State tax, the State treasurer and superintendent are authorized to make a temporary loan to meet the deficiency, which amount with interest at 12 per cent shall be added to the amount of State tax and levied upon such county by the board of supervisors at the next assessment (ii. 3).

NOTE 3.-Within 15 days after the termination of his office, he is to deliver a true account of all receipts and disbursements of school moneys, and deliver the same to the town clerk (iii. 4, 6; iv. 1, 6-8).

TOWN BOARD

The town board must appoint one or more attendance officers for the districts of the town and fix his salary, which is a town charge (606:1896).

NOTE 1.-The town board consists of the supervisor, the town clerk, and the justices of the peace.

NOTE 2.-The jurisdiction of this officer extends only over districts outside of cities, union free school districts, and districts including in whole or in part an incorporated village; in these the attendance officer is appointed by the school authorities. See page 43.

TOWN CLERK

Records. Shall carefully keep all maps, papers, and records of his office pertaining to common schools (iv. 1; iii. 4, 6; vii. 89).

Reports of trustees.—Is to see that trustees deposit with him at the proper time their annual reports, and to deliver the same to the commissioner; also,