TITLE 7 unqualified $39 No part of the school moneys apportioned to a district can Payment to be applied or permitted to be aplied to the payment of the wages teachers prohibited of an unqualified teacher, nor can his or her wages, or any part of them, be collected by a district tax. such payment §40 Any trustee who applies, or directs, or consents to the ap- Penalty for plication of any such money to the payment of an unqualified teacher's wages, thereby commits a misdemeanor; and any fine imposed upon him therefor shall be for the benefit of the common schools of the district. keep lists or etc. §41 Teachers shall keep, prepare and enter in the books provided Teachers to for that purpose, the school lists and accounts of attendance here- attendance inafter mentioned, and shall be responsible for their safe-keeping and delivery to the clerk of the district at the close of their engagements or terms. ARTICLE 6 Of trustees, their powers and duties; and of school taxes and annual reports trustees §42 The trustee or trustees of every school district, whether there Board of is one, or are three trustees as herein before provided, shall constitute a board for each of said districts respectively, and each of said boards are hereby severally created bodies corporate. be held as a §43 All property which is now vested in, or shall hereafter be Property to transferred to the trustee or trustees of a district, for the use of corporation schools in the district, shall be held by him or them as a corpora tion. his powers $44 A board consisting of a sole trustee of the district shall have Sole trustee, all the powers, and be subject to all the duties, liabilities and penal- and duties ties conferred and imposed by law upon or against a board of three trustees or any trustee or trustees, or a majority of the trustees of said board having three trustees of a district. be exercised etc. of two trustees valid $45 The trustee or trustees of a district compose a board, and Powers to every power committed to said trustees by this act must be exer- by board cised by the board. The board must meet for the transaction of business in accordance with notice of time and place. In a board Conclusions composed of three trustees when two only meet to deliberate upon any matter or matters, and the third, if notified, does not attend, or the three meet and deliberate thereon, the conclusion of two Minutes upon the matter, and their order, act or proceeding in relation evidence thereto, shall be as valid as though it were the conclusion, order, act or proceeding of the three; and a recital of the two in their minute of the conclusion, act or proceeding, or in their order, act or proceeding of the fact of such notice, or of such meeting and de thereof TITLE 7 Meetings called by any member Remaining trustees may vacancies liberation, shall be conclusive evidence thereof. A meeting of the board may be ordered by any member thereof, by giving not less than 24 hours notice of the same. $46 While there is one vacancy in the office of trustee, the two act in case of trustees have all the powers and are subject to all the duties and liabilities of the three. And while there are two such vacancies, the trustee in office shall have all the power and be subject to all the duties and liabilities of the three, as though he were a sole trustee. When a vacancy or vacancies shall occur in the office of trustee, the first act of the board shall be to call a special meeting of the district to supply such vacancy or vacancies. Special meetings for vacancies Duties of . trustees Special meetings Notice of I meetings Tax list Warrant to collector Purchase, lease etc. of school houses etc. Repairs and furniture Custody of property Insurance of school §47 It shall be the duty of the trustee or trustees of every school district, and they shall have power: 1 To call special meetings of the inhabitants of such districts whenever they shall deem it necessary and proper. 2 To give notice of special, annual and adjourned meetings in the manner prescribed in the sixth section of this title, if there be no clerk of the district, or be he absent or incapable of acting, or shall refuse to act. 3 To make out a tax list of every district tax voted by any such meeting, or authorized by law, containing the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, set opposite to his name, as directed in the seventh article of this title. 4 To annex to such tax list a warrant, directed to the collector of the district, for the collection of the sums in such list mentioned. 5 To purchase or lease a site or sites for the district schoolhouse or schoolhouses, as designated by a meeting of the district and to build, or purchase such schoolhouse or houses as may be so designated; and to hire rooms or buildings for such school purposes, and to keep in repair and furnish such schoolhouse or houses, rooms or buildings with necessary fuel, furniture, school apparatus, heating apparatus and appendages, and to pay the expense thereof by tax but such expense shall not exceed $50 in any one year, unless authorized by the district or by law. 6 To have the custody and safe-keeping of the district schoolhouse or houses, their sites and appurtenances. 7 When thereto authorized by a meeting of the district to insure houses, appar- the schoolhouse or houses, and their furniture, and the school apparatus in some company created by or under the laws of this state, and to comply with the conditions of the policy, and raise the pre atus, etc. miums by a district tax. If the district meeting shall neglect to make such authorization, it shall be the duty of the trustee or trustees to insure such schoolhouse or houses, and their furniture and school apparatus, and the premiums paid shall be raised by district tax. TITLE 7 of library 8 To insure the school library in such a company in a sum fixed Insurance by a district meeting, and to raise the premium by a district tax, and comply with the conditions of the policy. of teachers 19 To contract with and employ all teachers in the district school Employmen or schools as are qualified under the provisions of this act, and to designate the number of teachers to be employed; to determine the rate of compensation to be paid to each teacher and the term of the employment of each teacher, respectively, and to determine the terms of school to be held in their respective districts during each school year; but no person who is related to any trustee or trustees by blood or marriage shall be so employed, except with the approval of two thirds of the voters of such district present Term of employment and voting upon the question at an annual or special meeting of the district. Nor shall the trustees of any school district make any contract for the employment of a teacher for more than one year in advance. Nor shall any trustee or trustees, employ any teacher for a shorter time than 10 weeks unless for the purpose of filling out an unexpired term of school. Nor shall any trustee or Dismissal of trustees contract with any teacher whose certificate of qualification shall not cover a period at least as long as that covered by the contract of service. Nor shall any teacher be dismissed in the course of a term of employment, except for reasons which, if appealed to the Superintendent of Public Instruction, shall be held to be sufficient cause for such dismissal. Any failure on the part Revocation of a teacher to complete an agreement to teach a term of school without good reason therefor shall be deemed sufficient ground for the revocation of the teacher's certificate. Any person employed Claim for in disregard of the foregoing provisions shall have no claim for wages against the district, but may enforce the specific contract made against the trustee or trustees consenting to such employment as individuals. teachers certificates wages employment 210 All trustees of school districts who shall employ any teacher Contracts fo to teach in any of said districts shall, at the time of such employ- of teachers ment, make and deliver to such teacher, or cause to be made and delivered, a contract in writing, signed by said trustee or trustees, or by some person duly authorized by said trustee or trustees to 1As amended by section 9, chapter 264, laws of 1896. 2As amended by section 8, chapter 264, laws of 1896. TITLE 7 Pay of teachers, Avhen due 1 Rules Instruction of pupils in physiology and hygiene Payment of teachers wages Order for money, when not to issue represent him or them in the premises in which the details of the agreement between the parties, and particularly the length of the term of employment, the amount of compensation and the time or times when such compensation shall be due and payable shall be clearly and definitely set forth. The pay of any teacher employed in any of the school districts of this state shall be due and payable at least as often as at the end of each calendar month of the term of employment. II To establish rules for the government and discipline of the schools in their respective districts; and to prescribe the course of studies to be pursued in such schools. Provision shall be made for instructing pupils in all schools supported by public money or under state control, in physiology and hygiene, with special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system. 12 To pay, towards the wages of such teachers as are qualified, the public moneys apportioned to the district legally applicable thereto, by giving them orders therefor on the supervisor, or on the collector or treasurer of such district when duly qualified to receive and disburse the same, and to collect, as herein provided, the residue of such wages by direct tax. But no trustee shall issue any order or draw a draft upon the supervisor, collector or treasurer for any money unless there shall be at the time a sufficient amount of money in the hands of such supervisor, collector or treasurer belonging to the district, to meet such order or draft, and a violation of this provision by any trustee shall be a misMisdemeanor demeanor and punishable as such. If, at the time of the employment of a qualified teacher for a term of school, there shall be no public moneys in the hands of the supervisor, collector or treasurer applicable to the payment of teachers wages, or if there shall not be a sufficient amount in the hands of either or all such officers to enable the trustee or trustees to pay the teachers wages as they fall due, and the district meeting has failed or neglected to authorize a tax to pay the same, the trustee or trustees of such school district are hereby authorized and empowered, and it shall be their duty, to collect by district tax an amount sufficient to pay the wages of such teacher for such term, but not to exceed four months in advance. 'District tax for teachers t wages Division of public moneys 13 To divide such public moneys apportioned to the district, for each term whenever authorized by a vote of their district into two or more portions for each year; to assign and apply one of such portions to each term during which a school shall be kept in such district, TITLE 7 residue of for the payment of teachers wages during such term; and to Collection of collect the residue of such wages not paid by the proportion of wages by tax public money allotted for that purpose, by district tax as herein provided. moneys 14 To draw upon the supervisor, the collector or treasurer, when Drawing of duly qualified to receive and disburse the same, for the school and library moneys, by written orders signed by the sole trustee, or where there are three trustees, signed by a majority of said. trustees as prescribed by subdivisions 1 and 2 of section 4 of title of this act. 3 balance of collector and forbidden 15 After having paid toward the wages of such teachers as are Tax for qualified, the public moneys of the district legally applicable wages thereto, by giving them orders on the supervisor, collector or treasurer therefor, to collect the residue of such wages by a district tax, or, if the same shall have been already collected, to give such teacher an order on the collector or treasurer for the Orders on balance of his or her wages still remaining unpaid. But it shall treasurer be a misdemeanor, and punishable as such, for a trustee or trustees to give an order upon the collector or treasurer unless there when shall be in the hands of said collector or treasurer, at the time, sufficient money belonging to the district to meet the same. §48 The trustee or trustees in the several school districts shall Water-closets provide suitable and convenient water-closets or privies for each of the schools under their charge, at least, two in number, which shall be entirely separated each from the other, and having separate means of access, and the approaches thereto shall be separated by a substantial close fence not less than seven feet in hight. It shall be the duty of the trustee or trustees aforesaid to keep the same in a clean and wholesome condition, and a failure to comply with the foregoing provisions of this section on the part of such trustee or trustees, shall be sufficient ground Expense and for his or their removal from office, and for withholding from the district any share of the public moneys of the state. Any expense incurred by such trustee or trustees in carrying out the requirements of this act shall be a charge upon the district, when such expense shall have been approved by the school commissioner of the district within which the school district is located, and a tax may be levied therefor without a vote of the district. tax therefor outside of $49 All school buildings situated in the school districts of the Stairways on state, other than in the cities of New York and Brooklyn, which buildings are more than two stories high, shall have properly constructed stairways on the outside thereof, with suitable doorways leading |