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prescribed by law for the election of a Regent. Such Regents shall be elected for the term of 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 years respectively, from the first day of April, 1904. The Secretary of State shall issue to each of the persons so elected a certificate of election, in the same manner as certificates are now issued to elected members of the Board of Regents. Such Regents shall be selected from those who are now Regents of the University of the State of New York, and so far as may be, that one shall be chosen from each judicial district. The successors in office for a full term of the Regents thus elected shall in the same manner be elected by the Legislature in the second week of February in each year, to serve for a period of 11 years from the first day of April succeeding such election. If a vacancy in the Board of Regents shall occur in a judicial district, (that is, in the territory comprising the same as now constituted) from which there remains one or more representatives on said Board, and there shall at the same time be a district not represented on the Board by a resident thereof, such vacancy shall be filled by the election of a Regent from such unrepresented district. A vacancy in the office of Regent for other cause than expiration of term of service, shall be filled for the unexpired term by an election at the session of the Legislature immediately following such vacancy, unless the Legislature is in session when such vacancy occurs, in which case the vacancy shall be filled by such Legislature.

$3 Commissioner of Education. Within 10 days after the passage of this act, the Legislature shall elect a Commissioner of Education in the same manner as members of the Board of Regents are now elected, who either may or may not be a resident of the State of New York. The Commissioner shall receive an annual salary of $7500, payable monthly, and shall also be paid $1500 in lieu and in full for his traveling and other expenses, also payable monthly. He shall enter upon the performance of the duties of his office on the first day of April, 1904. The Commissioner of Education first elected shall serve for the term of six years unless sooner removed for cause by the Board of Regents, and the Legislature shall fill any vacancy that may occur during such period of six years for the balance of the term, in the manner provided by section 3 of this act, and all successors in office after .such term of six years, shall serve during the pleasure of the Board of Regents, and all vacancies in the office of Commissioner of Education after such six years shall be filled by appointment by the Board of Regents

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$4 Powers of Commissioner. The office of Superintendent of Powers of

Commissioner Public Instruction and the office of Secretary of the Board of Regents shall be abolished from and after Ap. 1, 1904, and the powers and duties of said offices shall be exercised and performed by the Commissioner of Education. All the powers and duties of the Board of Regents in relation to the supervision of elementary and secondary schools including all schools, except colleges, technical and professional schools, are hereby devolved upon the Commissioner of Education. The said Commissioner of Education shall also act as the executive officer of the Board of Regents. He shall have power to create such departments as in his judgment shall be necessary.

He shall also have power to appoint deputies and heads of such departments, subject to the approval of the State Board of Regents. Such heads of departments shall appoint, subject to approval by the Commissioner of Education, such subordinates in their respective departments as in their judgment shall be necessary. The Commissioner of Education, for the first year of his incumbency, subject to approval by the State Board of Regents, shall fix and determine the salaries of all deputies, appointees and employees within the appropriations made therefor and in accordance with existing laws. The Board of Regents of the University shall have power to establish such rules and regulations as are necessary to carry into effect the statutes of this State relating to education, and, subject to the provisions and limitations of this act, shall also possess all the powers now exercised by the present State Board of Regents. Nothing in this act shall be construed to affect the powers of the Board of Regents in relation to colleges, universities, professional and technical schools, libraries (other than public school libraries), museuins, university extension courses and similar agencies.

$5 of appropriations. All appropriations of public money Appropriations made in support of the common school system, as heretofore administered by the State Superintendent of Public Instruction, and all such appropriations in aid of secondary education heretofore apportioned and certified by the Regents of the University, shall after certification by the Commissioner of Education herein created, be paid by the State Treasurer on the warrant of the Comptroller, and all employees and appointees in either the Department of the Regents or Department of Public Instruction shall be eligible for transfer and appointment to positions in the office of the Commissioner of Education herein created.

$6 All acts and parts of acts so far as inconsistent with this act are hereby repealed.

87 This act shall take effect immediately.

Chapter 556 as amended to the close of the session of 1905

Laws of 1894, ch. 556

An act to revise, amend and consolidate the general acts relating to public


Became a law May 8, 1894, taking effect June 30, 1894

TITLE I State Superintendent of Public Instruction, his election, and general powers

and duties


State and other school moneys, their apportionment and distribution; and

trusts and gifts for the benefit of common schools Art. I Of the state school moneys, and their apportionment by the Super

intendent of Public Instruction, and payment to county and

city treasurers II Of the apportionment of state schools moneys, and of other school

moneys by the school commissioners and their payment to the

supervisors III Of trusts for the benefit of common schools, and of town school

funds, fines, penalties and other moneys held or given for their benefit

TITLE III Supervisors, disbursement of school moneys by, and some of their special

powers and duties under this act


Town clerks, their duties under this act

School commissioners, their election, powers and duties

School districts, formation, alteration and dissolution thereof


Meetings in common school districts, the election of school district officers, III Of the qualification, election and terms of office of district officers,

and their powers and duties Art. I Of common school district meetings; who are voters, and their

II Of district schoolhouses and sites

and of vacancies in such offices
IV Of the duties of district clerk and treasurer

V Of pupils and teachers
VI Of trustees, their powers and duties; and of school taxes and

annual reports
VII Of the assessment of district taxes, and the collection of such

taxes; and of the collector, his powers, duties and liabilities


Union free schools, how established, who are voters at meetings and their

powers; election and terms of office of members of boards of education.

and powers of such boards Art I Of the proceedings for the establishment of union free schools;

powers of voters at meetings; classification of terms of office and election of members of boards of education; certified copies of proceedings of meetings to be filed; board of edu

cation to elect a president and appoint a treasurer and collector II Of the qualifications of voters in union free school districts; and

of meetings of such voters and their powers III Of annual and special meetings, and of election of members of

boards of education and clerk in districts where the number

of children exceeds three hundred IV Of the powers and duties of boards of education V Of the alteration of union free school districts; the increase or

diminution of number of members of boards of education, and of dissolution of union free school districts


Acquisition of schoolhouse sites


Teachers institutes


Teachers training classes


State scholarships in Cornell University


Common school and public libraries

Appeals to Superintendent of Public Instruction



Miscellaneous provisions
Art. I Of loss of school moneys apportioned; of forfeiture by school

officers by reason of neglect to sue for penalties; of costs in
suits which might have been the subject of appeal to the Super-
intendent of Public Instruction; of costs in suits, actions and
proceedings other than appeals to the Superintendent of Public

II Changes in textbooks
III Care of code of public instruction
IV Contracts between school districts and boards of education in

V Memorandum of contracts with teachers
VI Physiology and hygiene in the public schools
VII Free instruction in drawing
VIII Vocal music in the public schools
IX Free kindergarten in cities and villages

X Industrial training in the public schools
XI Schools for colored children
XII Orphan schools
XIII Indian schools
XIV Deaf and dumb and blind institutions

XV Arbor day
XVI Miscellaneous

Compulsory education of children

Short title

State Super

election and term

State Superintendent of Public Instruction, his election and general powers

and duties
§ 1 Short title. This chapter shall be known as the “Consoli-
dated School Law.”

'82 The office of State Superintendent of Public Instruction is intendent, his

continued and the term of said office shall be three years, commencing on the seventh day of April. Such Superintendent shall be elected by joint ballot of the Senate and Assembly on the second Wednesday of February next preceding the expiration of the term of the then incumbent of said office, and on the second

Wednesday of February next after the occurrence of any vacancy Office in in the office. The Superintendent's office shall be in the Capitol,

and maintained at the expense of the state. His salary shall be Salary $5000 a year, payable monthly, by the Treasurer, on the warrant

of the Comptroller. Deputy Super- *$3 He shall appoint a deputy, who shall receive an annual

salary of $4000 payable monthly by the Treasurer on the warrant of the Comptroller; and in case of a vacancy in the office of Super



1Superseded by laws 1904, chapter 40.

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