Article 24. Teachers' institutes (§§ 620-626). 25. Training classes and training schools (§§ 640-645). 26. Normal schools; state normal college (§§ 660-679). 27. The flag (S$ 700-703). 28. Fire drills (S$ 720-723). 29. Arbor day (S$ 740-743). 30. Physiology and hygiene (§§ 760, 761). 31. Special instruction by pictorial or graphic reproduction (SS 780, 781). 32. Instruction in drawing and in vocal music (§§ 800802). 33. General industrial and trade schools (§§ 820-824). 34. Kindergartens (§ 840). 35. Orphan schools (§§ 860-862). 36. Indian schools (S$ 880-883). 37. Compulsory education of Indians (88 900-909). 38. Instruction of deaf mutes and of the blind (§§ 920 930). 39. New York state school for the blind ($$ 940-961). 40. Schools for colored children (§§ 980-982). 41. School census (S$ 1000-1004). 42. Libraries (§§ 1020-1071). 43. University of the state of New York (§§ 1080-1106). 44. Cornell university (SS 1120-1129). 45. State school of agriculture at St. Lawrence university (SS 1140-1142). 46. State school of agriculture at Alfred university (SS 1160-1162). 47. State school of agriculture at Morrisville (88 11801183). 48. Laws repealed; saving clause; when to take effect (SS 2000-2002). ARTICLE 1 Short Title and Definitions Section 1. Short title. 2. Definitions. § 1. Short title. This chapter shall be known as the Education Law." § 2. Definitions. Academy. The term "academy," when used in this chapter, means an incorporated institution for instruction in higher branches of education, but not authorized to confer degrees, and such high schools, academic departments in union schools and similar unincorporated schools as are admitted by the regents to the university as of academic grades. College. The term "college," when used in this chapter, includes universities and other institutions for higher education authorized to confer degrees. University. The term "university," when used in this chapter, means university of the state of New York. Regents. The term "regents," when used in this chapter, means board of regents of the university of the state of New York. Commissioner. The term "commissioner," when used in this chapter, means commissioner of education. School commissioner. The term "school commissioner," when used in this chapter, means the local officer provided for in article twelve. Higher education. The term "higher education," when used in this chapter, means education in advance of common elementary branches, and includes the work of academies, colleges, universities, professional and technical schools, and educational work connected with libraries, museums, university extension courses and similar agencies. Trustee. The term "trustees," when not used in reference to a school district, includes directors, managers or other similar members of the governing board of an educational institution. Parental relation. The term "persons in parental relation" to a child, when used in this chapter, includes the parents, guardians or other persons, whether one or more, lawfully having the care, custody or control of such child. School authorities. The term "school authorities," when used in this chapter, means the trustees, or board of education, or corresponding officers, whether one or more, and by whatever name known, of a city, union free school district, common school district, or school district created by special law. (Thus amended by L. 1909, ch. 240, § 20, in effect April 22, 1909.) Amendment of 1909 struck out a paragraph reading "Secondary education. The term 'secondary education,' when used in this chapter, means the instruction imparted between the elementary grades and the college or university."; also in paragraph beginning with "Higher education inserted "common elementary branches" in place of "secondary education", stricken out, and inserted academies," preceding the word "colleges." ARTICLE 2 School Districts Section 20. Formation. 21. Formation, alteration and dissolution of certain joint districts. 22. Special meeting of joint district to act regarding dissolution. Section 23. Alteration by consent. 24. Alteration without consent. 25. Hearing of objections to order for alteration without consent. 26. Dissolution by consent and consequent alteration of districts. 27. Dissolution, re-formation and consolidation of dis tricts. 28. Division of union free school district which contains two incorporated villages. 29. Method and result of election. 30. Apportionment of indebtedness. 31. Temporary attendance of pupils as before division. 32. Continuance of dissolved district for payment of debts. 33. Deposit of records of dissolved district. 34. Property of districts consolidated. 35. Sale of property of dissolved district and disposition of proceeds. 36. Collection and distribution of moneys due dissolved district. 27. Fees of supervisor and town clerk. 38. Notice of meeting for establishment of union free school district. 39. Posting, publication and service of notice. 40. Expense of notice. 41. Notice and expense in case of adjoining districts. 44. Result of vote for or against reorganization. 47. Effect of veto by school commissioner regarding sub- 48. Report of proceedings to coinmissioner of education. 49. Distribution of moneys on dissolution. § 20. Formation. It shall be the duty of each school commissioner, in respect to the territory within his district: 1. To divide it, so far as practicable, into a convenient number of school districts, and alter the same as herein provided. 2. In conjunction with the commissioners of adjoining school commissioner districts, to set off joint districts, composed of ad joining parts of their respective districts and separately to institute proceedings to alter the same in respect to the territory within his own district. 3. To describe and number the school districts, and joint districts, and to deliver, in writing, to the town clerk, the description and number of each district lying in whole or in part in his town, together with all notices, consents and proceedings relating to the formation or alteration thereof, immediately after such formation or alteration. Every joint district shall bear the same number in every school commissioner district of whose territory it is in part composed. 21. Formation, alteration and dissolution of certain joint districts. Whenever it may become necessary or convenient to form a school district out of parcels of two or more school commissioner districts, the school commissioners of such districts, or a majority of them, may form such district; and the school commissioners within whose districts any such school district lies, or a majority of them, may alter or dissolve it. § 22. Special meeting of joint district to act regarding dissolution. If a school commissioner, by notice in writing, shall require the attendance of the other school commissioners, at a joint meeting for the purpose of altering or dissolving such a joint district, and a majority of all the commissioners shall refuse or neglect to attend, such commissioners attending, or any one of them, may call a special meeting of such school district for the purpose of deciding whether such district shall be dissolved; and its decision of that question shall be as valid as though made by such commissioners. § 23. Alteration by consent. With the written consent of the trustees of all the districts to be affected thereby, the school commissioner may, by order, alter any school district within his jurisdiction, and fix, by said order, a day when the alteration shall take effect. § 24. Alteration without consent. If the trustees of any districts affected thereby refuse to consent, the school commissioner may make and file with the town clerk his order making the alteration, but reciting the refusal, and directing that the order shall not take effect, as to the dissenting districts, until a day therein to be named, and not less than three months after the date of such order. § 25. Hearing of objections to order for alteration without consent. Within ten days after making and filing such order the school commissioner shall give at least a week's notice in writing to one or more of the assenting and dissenting trustees of any districts to be affected by the proposed alterations, that at a specified time, and at a named place within the town in which either of the districts to be affected lies, he will hear the objections to the alteration. The trustees of any district to be affected by such order may request the supervisor and town clerk of the towns, within which such districts shall wholly or partly lie, to be associated with the school commissioner. At the time and place mentioned in the notice, such commissioner, with the supervisors and town clerks, if they shall attend and act, shall hear and decide the matter, and the decision shall be final unless duly appealed from. Such decision must either affirm or vacate such order, and must be filed with and recorded by the town clerk of the town in which the district to be affected shall lie, and a tie vote shall be regarded a decision for the purposes of an appeal on the merits. Upon such appeal the commissioner of education may affirm, modify or vacate the order of the school commissioner or the action of the local board. § 26. Dissolution by consent and consequent alteration of districts. 1. Whenever one or more common school districts shall adjoin any union free school district whose limits do not correspond with those of an incorporated village or city, upon the written consent of the trustees of all the districts to be affected, the school commissioner having jurisdiction may dissolve such common school districts and annex the territory of such districts so dissolved to such union free school district, and the school commissioner having jurisdiction may alter any union free school district whose limits do not correspond with those of any incorporated village or city, in the manner provided by this article, but no such district shall be divided, upon which there is an outstanding bonded indebtedness. 2. Such school commissioner on the written consent of the boards of education of the districts affected may also dissolve a union free school district when it adjoins another union free school district and both of such union free school districts are wholly or partly located within the limits of a city or an incorporated village, and annex the territory of such dissolved district to the remaining union free school district. The bonded indebtedness of each of such districts shall, upon such dissolution and annexation, become a charge upon the enlarged district thus formed. Such district shall succeed to all the rights of property possessed by the annulled district. The board of education of such district. shall raise by tax an amount sufficient to pay any of the bonds. and interest thereon of such district as the same shall become due. |