CHAPTER XVIII. DEPARTMENT OF EDUCATION. TITLE I. THE PUBLIC SCHOOLS AND THEIR MANAGEment. 2. THE COLLEGE OF THE CITY OF NEW YORK. 3. THE NORMAL COLLEGE. 4. GENERAL PROVISIONS. TITLE 1. THE PUBLIC SCHOOLS AND THEIR MANAGEMENT. Sec. 1055. Board of education and school boards; property under their care and control; in what name suits brought. 1056. School age of children. 1057. Board of education; succeeds to trusts of Public School So ciety. 1058. Board of education and school boards; succeed to duties and powers of former boards, etc. 1059. Money to conduct schools to be raised by taxation after 1898. 1060. Special and general school funds; all moneys to be received by board of education. 1061. School board, how constituted; vacancies; members to hold no other officers, except, etc. 1062. Board of education, how constituted; president; vacancies; 1063. Id.; to possess powers and privileges of a corporation. 1065. Id.; administers special fund; apportions general fund and 1066. Id.; may direct comptroller to withhold certain appropria- 1067. Id.; to use and control certain premises; housing the school 1070. Id.; power to enact by-laws, rules and regulations. 1071. Id.; secretary; duties; secretary and chief clerk may administer oaths. 1072. Id.; provide for bureaus, etc., in boroughs. Sec. 1073. Superintendent of school buildings; oath and security by; subject to regulations of board; vacancy in office. 1074. Id.; deputy in each borough; plans for school buildings. 1075. Id.; appointment and removal of janitors. 1076. Board of education; purchase of, and regulations regarding supplies. 1077. Id.; advertising for contracts; security for performance. 1078. Superintendent of supplies; oath and security by; subject to regulations of board; vacancy; deputy superintendents and subordinates; depots of supplies. 1079. City superintendent of schools; rights and duties. 1080. Id.; further duties; annual report; clerks of main office. 1081. Board of examiners; teachers' licenses, etc. 1082. Id.; school officers not to be interested in contracts; removal of. 1083. Id.; public school teachers' retirement fund. 1084. Id.; annual report to state superintendent of public instruction. 1085. Id.; annual report to mayor; other reports to mayor. 1086. Continuation of yearly contracts with teachers in territory consolidated. 1087. Removals by mayor for neglect or misconduct after hearing. 1088. Oath of appointees to school office. 1089. Id.; organization; secretary and employes; duties and bond of secretary. 1090. Id.; powers and duties. 1091. Id.; power to fix salaries. 1092. Id.; duties of secretary; chief clerk and secretary may administer oaths. 1093. Id.; powers to establish kindergartens, etc. 1094. Id.; power to establish evening schools, etc.; may establish, discontinue and consolidate schools in boroughs. 1095. Id.; power to establish special classes for persons who cannot use the English language readily. 1096. Id.; power to establish high schools, etc. 1097. Id.; power to create school inspection districts, discretionary; mayor appoints inspectors; terms, organizations, etc., of inspectors. 1098. Duties of inspectors of common schools. 1099. School boards in boroughs to cause accounts and records to be made and kept. 1100. Id.; to provide for payment of salaries to principals and teachers and for disbursements. 1101. Id.; annual and other reports. 1102. Id.; power to appoint and remove borough superintendents 1105. Id.; by-laws governing transfers of principals and teachers. 1107. Id.; board of superintendents of the boroughs; how duties regulated. Sec. 1108. General duties of borough superintendents and associate superintendents. 1109. Borough board of superintendents; lists of principals, etc., to be kept by; where principals report. 1110. Id.; promotion of pupils; transfer of teachers by city superintendent of schools; preferment where schools are consolidated or discontinued. 1111. Id.; recommendations of and requisitions for text books and scholastic supplies. 1112. Miscellaneous provisions as to powers and duties of borough superintendent, borough board of superintendents, and principals. 1113. Id.; qualifications for special branches. 1114. Charges against principal and teachers and others; proceedings thereon. 1115. Powers of investigation. 1116. Borough superintendent; enforcing compulsory education law; nominating, assigning, suspending and discharging clerks. 1117. Continuation in office of all employes under public school system of any part of the territory consolidated. 1118. School money appropriation by the state to the public schools of the city. 1119. School board of the borough of Brooklyn to control and admin ister the public school teachers' retirement fund created by chapter 656, Laws of 1895. Composition of fund; retirement and pensions of teachers. Board of education and school boards; property under their care and control; in what name suits brought. § 1055. The title to all property, real and personal, now or that may hereafter be acquired for school or educational purposes, except the state normal school at Jamaica, and also the title to all property, real and personal, purchased for school or educational purposes with any school moneys, whether derived from the issue of bonds or raised by taxation in The City of New York, shall be vested in The City of New York, as constituted by this act, but shall be under the care and control of the board of education and of the school boards of the various boroughs, as provided in this act, for the purposes of public education. Suits in relation to such property shall be brought in the name of the said board of education. The said city of New York shall have power to take and hold any property, real or personal, devised or bequeathed or transmitted to it for the purposes of education in said city; but such property shall be under the care and control of the board of education and of the school boards of the various boroughs, as provided by this act, for the purposes of public education in said city. L. 1882, ch. 410, § 1029. (a) The board of education have power to take a bequest for the supply of a library for the College School age of children. (See of The City of New York. § 1056. The schools of the said city under the management and control of the board of education and of the several school boards established by this act, shall be free to all persons over five and under twenty-one years of age residing in said city, but under such. regulations not in conflict with the general school law of the state, as the board of education or the respective school boards shall prescribe; and where kindergarten schools are established under the provisions of this act, they shall, in like manner, be free to children not less than four years of age residing in said city. L. 1882, ch. 410, § 1051. (a) The privilege of receiving an education at the expense of the State is created and conferred only by State laws, and always subject to its discretionary regulation, and it may be granted or refused to any individual or class at the pleasure of the State. People ex rel. King v. Gallagher, 93 N. Y. 38; affi'g 11 Abb. N. C. 187. (b) Provisions establishing separate schools for the education of colored children with facilities equal to those for white children, (L. from the latter, are not vio- Board of education; succeeds to trusts of Public School Society. 1057. All the trusts held by or vested in the public school society of the city of New York, as heretofore organized and existing in compliance with the provisions of an act entitled, “An act relative to common schools in the city of New York," passed the fourth day of June, one thousand eight hundred and fifty-three, which have not been conveyed by the said society, and all the rights, powers and duties of the said society, which yet remained therein, shall continue and be vested in the board of education of The City of New York, which board is, and shall be held to be the lawful successors of said society in the execution of every trust. L. 1882, ch. 410, § 1030. Board of education and school boards; succeed to duties and powers of former boards, etc. § 1058. Subject to the provisions of this act, and so far as is consistent therewith, the board of education of The City of New York, as created by the terms and provisions of this act, and the school boards of the various boroughs, as created by the terms and provisions of this act, shall respectively be subject to all the duties, possess all the rights and exercise all the powers now respectively held by the boards of education, commissioners of education and school trustees existing at the time of the passage of this act, in and for the city of New York, the city of Brooklyn, or Long Island City, or the school districts of the county of Richmond, and the school districts of that part of the county of Queens, by this act consolidated into The City of New York, and such duties shall be deemed under this section to be devolved upon the said board of education or the school boards in the same manner as similar duties are devolved upon the said board of education or the school boards of the boroughs, by this act. Money to conduct schools to be raised by taxation after 1898. § 1059. The board of estimate and apportionment and the municipal assembly of The City of New York may, in the year eighteen hundred and ninety-nine, and in each and every year thereafter, raise and collect by tax, on the estates, real and personal, liable to taxation in said city, such sum of money as may be necessary to provide for the conduct of the schools as called for by the budget adopted by the said board and the said assembly pursuant to the provisions of this act; but nothing contained in this act shall be construed to limit or restrict the power of the board of estimate and apportionment and the municipal assembly, to fix in their discretion, and in such detail as they may deem expedient, the amounts to be allowed to said board of education in the annual tax levy. L. 1896, ch. 387, § 4. Special and general school funds; all moneys to be received by board of education. § 1060. All moneys raised for educational purposes in The City of New York shall be raised in two funds, to be known as the special school fund and the general school fund, respectively. The special school fund shall consist of all moneys raised for the purchase of school sites, for the erection and repairs of buildings, for the purchase and the leasing of educational and school buildings; for the purchase of all school supplies, for the maintenance of the nautical school, and for the administrative purposes of the board of education. And it shall be the duty of the board of estimate and apportionment and of the municipal assembly to indicate in the budget in raising the special school fund the respective amounts thereof which shall be available for use within the jurisdiction of each of the school |