different villages, towns or cities in which such orphan asylums may be located. § 902 Annual reports. An annual report shall be made and sworn to by the presiding officer of any such asylum, stating the number of inmates thereof, the time spent by them in pursuing studies therein, in what studies they shall have been instructed, and the manner in which the public funds distributed to it shall have been expended, which shall be filed with the Commissioner of Education. ARTICLE 36 Schools for Colored Children [Text of article omitted.] ARTICLE 37 Indian Schools [Text of article omitted.] ARTICLE 38 Instruction of Deaf-Mutes and of the Blind [Text of article omitted.] ARTICLE 39 New York State School for the Blind [Text of article omitted.] ARTICLE 39-a [Added by L. 1917, ch. 559, in effect May 18, 1917] 1 The board of educa § 1020 Physically defective children. tion of each city and of each union free school district, and the board of trustees of each school district shall, within one year from the time this act becomes effective, ascertain, under regulations prescribed by the Commissioner of Education and approved by the Regents of the University, the number of children in such city or district under the age of eighteen years who are deaf, blind, so crippled or otherwise so physically defective as to be unable to attend upon instruction in regular classes maintained in public schools. 2 The board of education of each city and of each unión free school district in which there are ten or more children who are deaf, blind, crippled or otherwise physically defective shall establish such special classes as may be necessary to provide instruction adapted to the mental attainments and physical conditions of such children. Provided, however, that in each city or union free school district in which schools for the deaf, blind, crippled or otherwise physically defective now exist or may hereafter be established, which are incorporated under the laws of the State and are found by the board of education to be adequate to provide instruction adapted to the mental attainments and physical conditions of such children, the board of education shall not be required to supply additional special classes for the children so provided for. The board of education of such cities or union free school districts is hereby authorized and empowered to contract with such schools for the education of such children in special classes therein. [Amended by L. 1918, ch. 378, in effect April 30, 1918.] 3 The board of education of each city and of each union free school district, and the board of trustees of each school district, which contains less than ten children who are deaf, blind, crippled or otherwise physically defective, is hereby authorized and empowered to contract with the board of education of another city or school district for the education of such children in special classes organized in the schools of the city or district with which such contract is made. [Added by L. 1917, ch. 559, in effect May 18, 1917.] ARTICLE 40 Cornell University [Text of article omitted.] ARTICLE 40-a [Article 40-a, added by L. 1917, ch. 207, in effect April 19, 1917] Agricultural Schools Section 1040 Courses of study; instruction 1041 Recommendations as to appropriations; expenditures The instruction of § 1040 Courses of study; instruction. pupils attending the schools of agriculture established under the provisions of articles 41, 41-a, 42, 42-a, 43 and 45-a of this chapter shall be under the general supervision of the Commissioner of Education. The Commissioner of Education is hereby authorized to approve the courses of study to be followed in such schools of agriculture and in the extension work carried on by such schools, including the training of teachers of agriculture. Such directions shall be given by the Commissioner to the board of directors or trustees, as the case may be, of each agricultural school, and such board of directors or trustees shall, upon receiving such directions as to such courses of study, cause the same to be followed and the subjects therein prescribed to be taught in such schools. [Added by L. 1917, ch. 207, in effect April 19, 1917.] § 1041 Recommendations as to appropriations; expenditures. The Commissioner of Education shall recommend annually to the Legislature the amount of appropriations approved by him as necessary for the maintenance of such agricultural schools and for carrying into effect the purposes for which they were established. The amounts appropriated for the support and maintenance of such schools shall be paid out by the State Treasurer upon the warrant and audit of the Comptroller and upon vouchers approved by the Commissioner of Education. The provisions of this article shall not apply to the New York State College of Agriculture at Cornell University. [Added by L. 1917, ch. 207, in effect April 19, 1917.] ARTICLE 41 State School of Agriculture at Saint Lawrence University [Text of article omitted.] ARTICLE 41-a [Added by L. 1913, ch. 675] State School of Agriculture and Domestic Science at Delhi [Text of article omitted.] ARTICLE 42 State School of Agriculture at Alfred University [Text of article omitted.] ARTICLE 42-a [Added by L. 1911, ch. 852] State School of Agriculture at Cobleskill ARTICLE 43 State School of Agriculture at Morrisville [Text of article omitted.] ARTICLE 43-a [Added by L. 1910, ch. 441] Retirement Fund for Teachers in State Institutions [Text of article omitted.] Under the provisions of chapter 568 of the Laws of 1921, entitled An Act to provide a more uniform retirement plan for state employees under the provision of the New York State employees' retirement fund system and to repeal certain acts and parts of acts providing for other retirement systems," teachers in the State College for Teachers and the state normal schools shall be considered as teachers subject to the provisions of article 43-6 of the Education Law. This act repeals article 43-a as added by chapter 441 of the Laws of 1910, to take effect July 1, 1921, except as to employees now covered by said article, and as to them it shall take effect July 1, 1925. It is further provided that the pensions of all pensioners drawing pensions under the repealed act on June 30th of the year of repeal shall be continued and paid out of any funds accumulated under such law, and that the amount required in addition to continue the pensions of such pensioners shall be paid by the State of New York by annual appropriations made therefor from the general fund. Chapter 104 of the Laws of 1922 amends chapter 568 of the Laws of 1921 and permits teachers employed in the State Agricultural and Industrial School to become eligible for membership in the State Teachers Retirement Fund System. ARTICLE 43-b [Inserted by L. 1920, ch. 503, in effect August 1, 1921] State Teachers' Retirement Fund for Public School Teachers 1105 1106 Officers of board; custody of funds 1107 Vacancies in board; meetings; oaths of office; quorum; expenses Investment of funds; interest; accounts; reports 1108 Statements of teachers' service; determination of service cred 1109 itable; service certificates Superannuation retirement 1109-a Disability retirement 1109-b Withdrawal and death benefits 1109-c Optional allowances Section 1109-d Benefits to participants in old retirement fund 1109-ƒ Annuity savings fund; contributions and payments 1109-i Expense fund 1109-j Duties of employer 1109-k Collection of contributions 1109- Discontinuance of local district pension systems 1109-m Transfer of contributions between retirement systems 1109-n State supervision 1109-o Exemption from taxation 1109-p Protection against fraud § 1100 Definitions. The following words and phrases used in this article shall have the following meanings unless a different meaning is plainly required by the context: (1) "Retirement system" shall mean the New York State teachers' retirement system provided for in section eleven hundred and one of this article. (2) "Retirement board" shall mean the retirement board provided by section eleven hundred and three of this article. (3) "Employer" shall mean the State of New York, the city, the village, school district board or trustee, or other agency of and within the State by which a teacher is paid. (4) "Teacher" shall mean any regular teacher, special teacher, including any school librarian or physical training teacher, principal, vice-principal, supervisor, supervisory principal, director, superintendent, city superintendent, assistant city superintendent, district superintendent, school commissioner and other member of the teaching or professional staff of any class, public school, vocational school, truant reformatory school or parental school and of any or all classes of schools within the State of New York, including schools on the Indian reservation, conducted under the order and superintendence of and wholly or partly at the expense of the New York State Education Department or of a duly elected board of education, board of school directors or board of trustees of the State or of any city or school district thereof, provided that no person shall be deemed a teacher within the meaning of this article who is not so employed for full time outside vacation periods. The word, "teacher," shall also include any person employed in the State Education Department who at the time he entered such employment, or within one year prior thereto, was a teacher within the foregoing definition, or who is engaged in such department in the performance of duties pertaining to instructional services. In |