TITLE 8 ARTICLE 4 Of the powers and duties of boards of education board $15 The said board of education of every union free school dis-Powers of trict shall severally have power, and it shall be their duty: and rules 1 To adopt such bylaws and rules for its government as shall Bylaws seem proper in the discharge of the duties required under the provisions of this act. for schools. 2 To establish such rules and regulations concerning the order Rules etc. and discipline of the school or schools, in the several departments thereof, as they may deem necessary to secure the best educational results. 3 To prescribe the course of study by which the pupils of the Course of study school or schools shall be graded and classified, and to regulate the admission of pupils and their transfer from one class or departn ent Admission of to another, as their scholarship shall warrant. pupils 4 To prescribe the textbooks to be used in the schools, and to Textbooks compel a uniformity in the use of the same, pursuant to the provisions of this act, and to furnish the same to pupils out of any moneys provided for that purpose. physiology 5 To make provision for the instruction of pupils in physiology Instruction in and hygiene with special reference to the effect of alcoholic drinks, etc. stimulants and narcotics upon the human system. schoolhouses rooms 6 To purchase a site or sites, or an addition to a site or sites, School sites, for a schoolhouse or schoolhouses for the district, as designated by and apparatus a meeting of the district; and to construct such schoolhouse or houses, and additions thereto as may be so designated; to purchase furniture and apparatus for such schoolhouse or houses; to Repairs keep such schoolhouse or houses and the furniture and apparatus therein in repair; to hire any room or rooms in which to maintain Hiring school and conduct schools when the rooms in the schoolhouse or houses are overcrowded, or when such schoolhouse or houses are destroyed, injured or damaged by the elements, and to fit up and furnish such room or rooms in a suitable manner for conducting a school or schools therein; to insure the schoolhouse or houses and their fur- Insurance niture, apparatus and appendages, and the school library, in some company or companies created by or under the laws of this state, and to comply with the conditions of the policy, and raise the sums paid for premiums by district tax. No schoolhouse shall be built Approval of in any union free school district until the plan for the ventilation and tilation etc. heating and lighting of such schoolhouse shall be approved in writing by the school commissioner of the commissioner district in which such schoolhouse is to be built. plans for ven TITLE 8 Custody of property Title vested in board Sale of property Application of proceeds Exchange of real estate May take and hold real estate etc. Control of schools of academical 7 To take charge and possession of the schoolhouses, sites, lots, furniture, books, apparatus, and all school property within their respective districts; and the title of the same shall be vested respectively in said board of education, and the same shall not be subject to taxation for any purpose. 8 To sell, when thereto authorized by a vote of the qualified voters of the school district, any former school site or lot, or any real estate the title to which is vested in the board, and the buildings thereon, and appurtenances or any part thereof, at such price and upon such terms as said voters shall prescribe, and to convey the same by deed to be executed by the board or a majority of the members thereof. All moneys arising from any such sale shall be used and applied for the benefit of the school district, as the voters thereof shall by resolution direct. Also to exchange real estate belonging to the district for the purpose of improving or changing schoolhouse sites. 9 To take and hold for the use of the said schools or of any department of the same, any real estate transferred to it by gift, grant, bequest or devise, or any gift, legacy, or annuity, of whatever kind, given or bequeathed to the said board and apply the same, or the interest or proceeds thereof, according to the instructions of the donor or testator. IO To have, in all respects, the superintendence, management and control of said union free schools, and to establish in the same Establishment an academical department, whenever in their judgment the same department is warranted by the demand for such instruction; to receive into said union free schools any pupils residing out of said district, and to regulate and establish the tuition fees of such nonresident pupils in the several departments of said schools; provided, that if such nonresident pupils, their parents or guardians shall be liable to be taxed for the support of said schools in the districts, or either of them, on account of owning property therein, the amount of any such tax paid by a nonresident pupil, his parent or guardian, shall be deducted from the charge of tuition; to provide fuel, furniture, apparatus and other necessaries for the use of said schools, and to appoint such librarians as they may from time to time deem necessary. Nonresident pupils Fuel, apparatus etc. Librarian loyment hers 1II To contract with and employ such persons as by the provisions of this act are qualified teachers in the several departments of instruction in said school, and at the time of such employment shall make and deliver to each teacher, or cause to be made 1As amended by section 16, chapter 264, laws of 1896. TITLE 8 employment wages, when and delivered, a contract in writing, signed by the members of said Contract of board, or by some person duly authorized by said board to represent 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 the pub-Teachers lic schools of this state shall be due and payable at least as often due as at the end of each calendar month of the term of employment. No person who is related by blood or marriage to any member of Employment a board of education shall be employed as a teacher by such board, board, except upon the consent in writing of two thirds of the members thereof, to be entered upon the proceedings of the board. No Removal of teacher shall be removed during a term of employment unless for neglect of duty, incapacity to teach, immoral conduct, or other sufficient cause. Also to pay the wages of such teacher out of the moneys appropriated for that purpose. of relatives of teachers vacancies 12 To fill any vacancy which may occur in said board by reason Filling of the death, resignation, removal from office or from the school district, or refusal to serve, of any member or officer of said board; and the person so appointed in the place of any such member of the board shall hold his office until the next election of trustees, as by this act provided. In case of the failure of such board to fill such vacancy, and in case no special election is ordered for filling the same for a period of 30 days, the same may be filled by the school commissioner having jurisdiction. The Superintendent of SuperintendPublic Instruction may order a special election to be held in any special election district for the purpose of filling such vacancy, and when such special election is ordered the vacancy shall not be filled otherwise. ent may order member for 13 To remove any member of their board for official misconduct. Removal of But a written copy of all charges made of such misconduct shall cause be served upon him at least 10 days before the time appointed for a hearing of the same; and he shall be allowed a full and fair opportunity to refute such charges before removal. 14 To 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 7 feet in hight; to keep the same in a clean and wholesome condition, and a failure to comply with the foregoing provisions on the part of said board shall be sufficient grounds for removal from office, and for withholding from Water-closets or privies TITLE 8 Expense 1. thereof Stairways on I outside of buildings Tax for cost . thereof May borrow money in anticipation of taxes uncollected General powers and duties Superintend in certain districts the district any share of the public moneys of the state. Any expense incurred by said board in carrying out the foregoing provisions shall be a charge upon the district; and a tax may be levied therefor without a vote of the district. 15 To cause proper stairways to be constructed and maintained on all school buildings under their charge which are more than two stories high, on the outside thereof, with suitable doorways leading thereto from each story above the first, for use in case of fire. The reasonable and proper cost thereof shall, in each case, be a legal charge upon the city, village or district, and shall be raised by tax as other moneys are raised for school purposes. 116 To designate a site or sites, or an addition to a site or sites, for a schoolhouse or schoolhouses, in a district containing a population of 5000 or more, without a vote of the qualified voters of said district as required in section 10 of this title. 216 To borrow money in anticipation of taxes remaining uncollected which have been levied by such district for the current fiscal year, and not in excess thereof, whenever in the discretion of the board of education it shall be necessary to do so for the purpose of paying the current expenses of the district for such current fiscal year, by issuing a certificate or certificates of indebtedness, in the name of the board of education, signed by the president and clerk thereof, which certificates must be payable within such current fiscal year or within nine months thereafter, and shall bear interest at a rate not exceeding 6 per centum per annum. $16 The board of education shall possess all the powers and privileges, and be subject to all the duties in respect to the common schools, or the common school departments in any union free school in said districts, which the trustees of common schools possess or are subject to under this act, not specially provided for in this title, and not inconsistent with the provisions of this title; and to enjoy, whenever an academic department shall be by them established, all the immunities and privileges now enjoyed by the trustees of academies in this state. $17 In any incorporated village having a population of 5000 ent of schools and upwards, or in any union free school district having like population, which fact shall in either case be determined by the State Superintendent of Public Instruction, as provided in section 5 of title 2 of this act, the board of education in any such village or union free school district may appoint a superintendent of Such superintendent shall be under the direction of the Census schools. Added by chapter 112, laws of 1903. TITLE 8 board of education, which shall prescribe his powers and duties. proceedings Publication O accounts of receipts and expenditures §18 It shall be the duty of said board to keep an accurate record Record of of all its proceedings in books provided for that purpose, which books shall be open for public inspection at all reasonable hours. It shall be the duty of said board to cause to be published once in each year, and 20 days next before the annual meeting of the district, in at least one public newspaper, printed in such district, a full and detailed account of all moneys received by the board or the treasurer of said district, for its account and use, and of all the money expended therefore, giving the items of expenditure in full; should there be no paper published in said district said board. shall publish such account by notice to the taxpayers, by posting copies thereof in five public places in said district. No member of said board shall be personally interested in any contract made by said board. It shall be the duty of the board, at the annual meeting of the district, besides any other report or statement required by law, to present a detailed statement in writing of the amount of money which will be required for the ensuing year for school purposes, exclusive of the public moneys, specifying the several purposes for which it will be required, and the amount for each, but nothing in this section contained shall be construed to prevent the board from presenting such statement at any special meeting called for the purpose, nor from presenting a supplementary and amended statement or estimate at any time. Interest in contracts prohibited Report of estimates of expenses to annual meet ing thereon by §19 After the presentation of such statement, the question shall Voting be taken upon voting the necessary taxes to meet the estimated inhabitants expenditures, and when demanded by any voter present, the question shall be taken upon each item separately, and the inhabitants may increase the amount of any estimated expenditures or reduce the same, except for teachers wages, and the ordinary contingent. expenses of the school or schools. Board may without vote §20 If the inhabitants shall neglect or refuse to vote the sum or sums estimated necessary for teachers wages, after applying levy tax thereto the public school moneys, and other moneys received or to be received for that purpose, or if they shall neglect or refuse to vote the sum or sums estimated necessary for ordinary contingent expenses, the board of education may levy a tax for the |