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intendent the Deputy may perform all the duties of the office until the day hereinbefore fixed for the commencement of the term of said office. In case the office of both Superintendent and Deputy Vacancies shall be vacant, the Governor shall appoint some person to perform the duties of the office until the Superintendent shall be elected and his term of office commence as hereinbefore provided. 184 He may appoint as many clerks and employees as he may Clerks and
employees deem necessary, but the compensation of such clerks and employees shall not exceed in the aggregate the sum annually appropriated by the Legislature therefor, and shall be payable monthly by the Treasurer, on the warrant of the Comptroller, and the certificate of the Superintendent.
$5 The seal of the Superintendent, of which a description and Official seal impression are now on file in the office of the Secretary of State, shall continue to be his official seal, and when necessary, may be renewed from time to time. Copies of all papers deposited or Copies of
records etc. filed in the Superintendent's office, and of all acts, orders and" decisions made by him, and of the drafts or machine copies of his official letters, may be authenticated under the said seal, and when so authenticated, shall be evidence equally with and in like Evidence manner as the originals.
236 The Superintendent shall be ex officio a Regent of the Uni-Duties versity of the State of New York, a trustee of Cornell University and of the New York State Asylum for Idiots. He shall also have general supervision over the state normal schools which Supervision have been and which may hereafter be established; and he shall schools, etc. provide for the education of the Indian children of the state, as required by the provisions of this act.
$7 The Superintendent may, in his discretion, appoint per- Visitation sons to visit and examine all or any of the common schools in schools by the county where such persons reside, and to report to him all “P such matters respecting their condition and management, and the means of improving them, as he shall prescribe; but no allowance or compensation shall be made to such visitors for their services or expenses.
$8 So often as he can, consistently with his other duties, he Visitation, shall visit such of the common schools of the state as he shall see Superintende fit, and inquire into their course of instruction, management and discipline, and advise and encourage the pupils, teachers and officers thereof.
$9 He shall submit to the Legislature an annual report containing : Annual repor
of same by
1Superseded by laws 1904, chapter 40. 2Under !aws of 1904, chapter 40, there are no ex officio Regents.
: A statement of the condition of the common schools of the state, and of all other schools and institutions under his supervision, and subject to his visitation as Superintendent.
2 Estimates and accounts of expenditures of the school moneys. and a statement of the apportionment of school moneys made by him.
3 All such matters relating to his office, and all such plans and suggestions for the improvement of the schools and the advancement of public instruction in the state, as he shall deem expedient.
$10 He may grant under his hand and seal of office a certificate of qualification to teach, and may revoke the same. While unrevoked, such certificate shall be conclusive evidence that the person to whom it was granted is qualified by moral character, learning and ability, to teach any common school in the state. Such certificate may be granted by him only upon examination. He shall determine the manner in which such examination shall be conducted, and may designate proper persons to conduct the same, and report the result to him. He may also appoint times
and places for holding such examinations, at least once in each icense to year, and cause due notice thereof to be given. Every such cer
tificate so granted shall be deemed and considered a legal license and authority to teach in any of the public schools of this state, without further examination of the person to whom the same was granted, any provision of law in conflict with this provision to the contrary notwithstanding. He may also, in his discretion, issue a certificate without examination, to any graduate of a college or university who has had three years' experience as a teacher. Such
last mentioned certificate shall be known as the college graduate's dorsement certificate," and may be revoked at any time for cause. He may
also, in his discretion, indorse a diploma issued by a state normal school or a certificate issued by a state superintendent or state board of education in any other state, which indorsement shall confer upon the holder thereof the same privileges conferred by law upon the holders of diplomas or certificates issued by state normal schools or by the State Superintendent in this state. He may also issue temporary licenses to teach, limited to any school commissioner district or school district, and for a period not exceeding six months whenever, in his judgment, it may be necessary
or expedient for him to do so. nnulmente $11 Upon cause shown to his satisfaction, he may annul any
certificate of qualification granted to a teacher by a school commissioner, or declare any diploma issued by a state normal school
ollege aduate's rtificates
diplomas ad state cerficates
emporary censes to ach
ineffective and null as a qualification to teach a common school within this state, and he may reconsider and reverse his action in any such matter.
$12 He shall prepare and keep in his office alphabetical lists of List of perso? all persons who have received, or shall receive, certificates of quali-cates and di
plomas fication from himself, or diplomas of the state normal schools, with the dates thereof, and shall note thereon all annulments and reversals of such certificates and diplomas, with the dates and causes thereof, together with such other particulars as he may deem expedient.
$13 Whenever it shall be proved to his satisfaction that any Removal of school commissioner or other school officer has been guilty of any missioner wilful violation or neglect of duty under this act, or any other act pertaining to common schools, or wilfully disobeying any decision, order or regulation of the Superintendent, the Superintendent may, by an order under his hand and seal, which order shall be recorded in his office, remove such school commissioner or other school officer from his office. Said Superintendent may also with-May withhol hold any share of the public money of the state from any district district for wilfully disobeying any decision, order or regulation as aforesaid, or when authorized by any provision of this act.
$14 He shall prepare suitable registers, blanks, forms and regu- Blank forms, lations for making all reports and conducting all necessary busi-tion and dist ness under this act, and shall cause the same, with such information and instructions as he shall deem conducive to the proper organization and government of the common schools and the due execution of their duties by school officers, to be transmitted to the officers and persons intrusted with the execution of the same.
$15 The Superintendent may administer oaths and take affi- Oaths and davits concerning any matter relating to the schools.
tendent of Public Instruction, and payment to county and city
$3 The Comptroller may withhold the payment of any moneys Comptroller to which any county may be entitled from the appropriation of payments the incomes of the school fund and the United States deposit
Chapter 390, laws of 1904, repeals sections 1 and 2 of this article.
may withhol TITLE 2
Temporary loans for deficiencies
State school moneys defined
fund for the support of common schools, until satisfactory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the State Treasurer; and whenever, after the first day of March in any year, in consequence of the failure of any county to pay such moneys on or before that day there shall be a deficiency of moneys in the treasury applicable to the payment of school moneys, to which any other county may be entitled, the Treasurer and Superintendent of Public Instruction are hereby authorized to make a temporary loan of the amount so deficient, and such loan, and the interest thereon at the rate of 12 per cent per annum, until payment shall be made to the treasury, shall be a charge upon the county in default, and shall be added to the amount of state tax, and levied upon such county by the board of supervisors thereof at the next ensuing assessment, and shall be paid into the treasury in the same manner as other taxes.
$4 The moneys raised by the state tax or borrowed as aforesaid to supply a deficiency thereof, and such portion of the income of the United States deposit fund as shall be appropriated, and the income of the common school fund, when the same are
appropriated to the support of common schools, constitute the Annual appor-state school moneys, and shall be divided and apportioned by the
Superintendent of Public Instruction, on or before the 20th day
of January in each year as hereinafter provided; and all moneys Applied to so apportioned, except the library moneys, shall be applied ex
clusively to the payment of teachers' wages. For pay of '$5 He shall apportion and set apart from the free school fund
appropriated therefor the amounts required to pay the annual salaries of the school commissioners elected or elective under this act, to be drawn out of the treasury and paid to the several com
missioners as hereinafter provided. Said Superintendent shali Cities: villages make no allotment to any city or district for the expense of a employing su: superintendent unless satisfied that such city, village or district,
employs a competent person as superintendent whose time is exclusively devoted to the general supervision of the public schools
of said city, village or district; nor shall he make any allotment Enumeration to any district in the first instance without first causing an enumer
ation of the inhabitants thereof to be made, which shall show the population thereof to be at least 5000, the expense of which enumeration, as certified by said State Superintendent, shall be
of inhabitants in the first instance
1As amended by chapter 316, laws of 1902.
ment of dis
paid by the district in whose interest it is made. He shall then Library set apart, from the income of the United States deposit fund, for and as library moneys, such sums as the Legislature shall appropriate for that purpose. After deducting the said amounts he Supervision shall divide and apportion the remainder of the state school moneys as hereinafter specified. To each city $800. To each village which has a population of 5000 as shown by the last state census, or federal or village enumeration, and which employs a superintendent of schools, $800. To each union school district which has a population of 5000, and which employs a superintendent of schools, $800. An appropriation under either of the first three subdivisions hereof is known as the supervision quota. He shall set apart Contingent for a contingent fund not more than $10,000.
186 From the remainder he shall apportion;
1 To each district having an assessed valuation of $40,000 or Apportion: less, as appears by the report of the trustees upon which such trict quotas apportionment is based, and to each Indian reservation for each teacher employed therein for a like period, $150; and to each of the remaining districts, and to each of the cities in the state, $125. The apportionment provided for by this subdivision shall be known as a district quota.
2 To each such district or city for each additional qualified Apportionteacher and his successors by whom the common school has been teacher's taught, during the period of time required by the school law, $100; but pupils employed as monitors or otherwise, shall not be deemed teachers. The apportionment provided for by this subdivision shall be known as a teachers quota.
3 The remainder to the several counties according to their Apportionrespective population by a ratio to be ascertained by dividing such counties remainder by the population of the state as shown by the last federal census or state enumeration ; except that for the purpose of this apportionment the city of New York shall be considered one county. But as to counties in which are situated cities whose boundary lines are coterminous with the school district lines comprising said city, he shall apportion to such city the part to which it shall so appear entitled, and to the residue of the county the part to which it shall appear to be so entitled.
To entitle a district to a district quota, a qualified teacher or Basis of successive qualified teacher must have actually taught the common school of the district for at least 100 days of school, inclusive of legal holidays that may occur during the term of said schools
As amended by chapter 316, laws of 1902, and chapter 598, laws of 1903.