sation or salary to which a member of the supervising and teaching staff employed under such schedule shall be automatically carried. Nor shall the number of said annual increments in any schedule be less than eight. [Added by L. 1919, ch. 645; amended by L. 1920, ch. 680, in effect May 10, 1920.]

§ 885 Salaries in cities of a population of fifty thousand and less than one hundred and fifty thousand. On and after the first day of August, 1923, the salaries and salary increments of members of the supervising and teaching staff in cities of a population of fifty thousand and less than one hundred and fifty thousand and the salary and salary increments and contracts for compensation of members of the supervising and teaching staff of union free school districts located wholly within the boundaries of such cities shall be not less than those prescribed in the schedules which follow: Whenever a teacher is engaged and paid at a higher rate than the minimum, the difference shall be considered and counted as part of the increments hereafter specified.

A. ELEMENTARY SCHOOLS

Schedule A-1. Teachers of kindergarten and first to eighth year classes: first year, one thousand one hundred dollars; annual increment, not less than seventy-five dollars, number of annual increments, not less than eight.

B. HIGH SCHOOLS

Schedule B-1. Teachers: first year, one thousand three hundred dollars; annual increment, not less than seventy-five dollars; number of annual increments, not less than eight. [Added by L. 1919, ch. 645; amended by L. 1920, ch. 680, and L. 1923, ch. 851, in effect May 29, 1923.]

§ 886 Salaries in cities of a population of less than fifty thousand. On and after the first day of August, 1923, the salaries and the salary increments and the contracts for compensation of members of the supervising and teaching staff in cities of a population of less than fifty thousand and in union free school districts authorized by law to have superintendent of schools shall be not less, nor provide for less, than those prescribed in the following schedules:

A. ELEMENTARY SCHOOLS

Schedule A-1. Teachers of kindergarten and first to eighth year classes: first year, one thousand dollars, annual increment not less

than seventy-five dollars; number of annual increments, not less than eight.

B. HIGH SCHOOLS

Schedule B-1. Teachers: first year, one thousand one hundred and fifty dollars; annual increment not less than seventy-five dollars; number of annual increments, not less than eight. [Added by L. 1919, ch. 645, amended by L. 1920, ch. 680, and L. 1923, ch. 851, in effect May 29, 1923.]

On and after

§ 886-b Salaries in union free school districts. the first day of August, 1923, the salaries and salary increments and the contracts for compensation of members of the supervising and teaching staff in union free school districts having an academic department or high school approved by the Commissioner of Education, other than those provided for in the preceding section, shall be not less, nor provide for less, than those prescribed in the following schedules :

A. ELEMENTARY SCHOOLS

Schedule A-1. Teachers of kindergarten and first to eighth year classes: first year, eight hundred dollars; annual increment not less than seventy-five dollars; number of annual increments, not less than eight.

B. HIGH SCHOOLS

Schedule B-1. Teachers: first year, nine hundred dollars; annual increment not less than seventy-five dollars; number of annual increments, not less than eight. [Added by L. 1920, ch. 680, and amended by L. 1923, ch. 851, in effect May 29, 1923.]

§ 887 The board of education in each city of the State shall fix the salaries and annual salary increments of all members of the supervising and teaching staffs and of all principals, teachers, supervisors or other employees, whose salaries are not fixed by the provisions of this act. The board of education in each city may also, in its discretion, increase the minimum salaries and salary increments of any members of the supervising and teaching staffs or other employees, whose salaries are not fixed by the provisions of this act. [Added by L. 1919, ch. 645.]

§ 888 Salaries and increments. 1 A member of the supervising and the teaching staff in such schools serving under a schedule which provides for annual increments shall receive for any given year of service the salary and the increment provided in said schedule for the year which corresponds to his year of service,

unless his services for the year immediately preceding have been declared by a majority vote of the board of education or board of superintendents of a city, to be unsatisfactory, after opportunity to be heard.

2 The salary, including the annual increment, to which a present member of such teaching staff shall be entitled under any salary schedule existing on the date of the passage of this act, shall not be reduced by reason of the operation of the schedules of salaries set forth in this article, or by reason of any other provision contained in this article.

Notwithstanding any other provision of this article boards of education in cities located in a county having a population of over four hundred thousand and adjoining a city having a population of one million or more shall fix the minimum salaries and not less than eight annual increments of the supervising and teaching staff in said cities and file the same with the Commissioner of Education as provided in this act. The minimum salaries so fixed shall not be less than those paid in said cities at the time of the passage of this act.

3 The schedule of salaries provided for in this act shall take effect and become operative as follows:

a In all cities having a population of less than one million, on the first day of January 1920.

b In a city having a population of one million or more, the board of education shall pay to each member of such supervising and teaching staff, until and including May thirty-first, nineteen hundred and twenty, a salary which shall be at a rate not less than that which said member was receiving on the thirty-first day of December, nineteen hundred and nineteen, and in addition thereto onethird of the difference between such salary to the said thirty-first day of May, nineteen hundred and twenty, and the amount of salary to which said member would be entitled for the period expiring on the said thirty-first day of May, nineteen hundred and twenty, under the schedules and schedule conditions made in conformity with the provisions of this article. From and after June first, nineteen hundred and twenty, the board of education shall pay to each member of such teaching and supervising staff, a salary which shall be not less than that to which such member is entitled under the schedules and schedule conditions made in conformity with the provisions of this article, and on and after such date the said schedule and schedule conditions shall be in full force and

effect. [Added by L. 1919, ch. 645, subdivision 3-b amended by L. 1920, ch. 73, in effect March 23, 1920.]

§ 889 Schedule to be filed. A copy of the schedules and schedule conditions approved by the board of education of each city together with a copy of such changes in schedules and schedule conditions as are made in conformity with this article, certified by the secretary of the board, shall, within thirty days after the adoption thereof, be filed in the office of the State Commissioner of Education. [Added by L. 1919, ch. 645.]

ARTICLE 34

Appeals or Petitions to Commissioner of Education

Section 890 Appeals or petitions to Commissioner of Education and other proceedings

891 Powers of Commissioner upon appeals of1 petitions, et cetera 892 Filed papers and copies thereof

§ 890 Appeals or petitions to Commissioner of Education and other proceedings. Any person conceiving himself aggrieved may appeal or petition to the Commissioner of Education who is hereby authorized and required to examine and decide the same; and the Commissioner of Education may also institute such proceedings as are authorized under this act and his decision in such appeals, petitions or proceedings shall be final and conclusive, and not subject to question or review in any place or court whatever. Such appeal or petition may be made in consequence of any action:

1 By any school district meeting;

2 By any school commissioner and other officers, in forming or altering, or refusing to form or alter, any school district, or in refusing to apportion any school moneys to any such district or part of a district;

3 By a supervisor in refusing to pay any such moneys to any such district;

4 By the trustees of any district in paying or refusing to pay any teacher, or in refusing to admit any scholar gratuitously into any school or on any other matter upon which they may or do officially act;

5 By any trustees of any school library concerning such library, or the books therein, or the use of such books;

6 By any district meeting in relation to the library or any other matter pertaining to the affairs of the district.

1 So in original.

7 By any other official act or decision of any officer, school authorities, or meetings concerning any other matter under this chapter, or any other act pertaining to common schools. [Section renumbered by L. 1918, ch. 252.]

§ 891 Powers of Commissioner upon appeals or petitions, et The Commissioner, in reference to such appeals, petitions or proceedings, shall have power:

cetera.

1 To regulate the practice therein.

2 To determine whether an appeal shall stay proceedings, and prescribe conditions upon which it shall or shall not so operate.

3 To decline to entertain or to dismiss an appeal, when it shal! appear that the appellant has no interest in the matter appealed from, and that the matter is not a matter of public concern ̧ and that the person injuriously affected by the act or decision appealed from is incompetent to appeal.

4 To make all orders, by directing the levying of taxes or otherwise, which may, in his judgment, be proper or necessary to give effect to his decision. [Section renumbered by L. 1918, ch. 252.]

§ 892 Filed papers and copies thereof. The Commissioner shall file, arrange in the order of time, and keep in his office, so that they may be at all times accessible, all the proceedings on every appeal or petition to him under this article, including his decision and orders founded thereon; and copies of all such papers and proceedings, authenticated by him under his seal of office, shall be evidence equally with the originals. [Section renumbered by L. 1918, ch. 252.]

ARTICLE 35
Orphan Schools

Section 900 Schools of orphan asylums

901 Rules subject to supervision of school authorities

902 Annual reports

§ 900 Schools of orphan asylums. The schools of the several incorporated orphan asylum societies in this State, other than those in the city of New York, shall participate in the distribution of the school moneys, in the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. The schools of said societies shall be subject to the rules and regulations of the common schools in such cities or districts, but shall remain under the immediate management and direction of the said societies as heretofore.