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TITLE 8

Ordinary con

tingent

expenses,

settlement of

same, in like manner as if the same had been voted by the inhabitants.

§21 If any question shall arise as to what are ordinary contingent expenses the same may be referred to the Superintendent disputes as to of Public Instruction, by a statement in writing, signed by one or more of each of the opposing parties upon the question, and the decision of the Superintendent shall be conclusive.

Regular meetings of board

Visitation of schools

Reports

Executive sessions

Expenditures

and contracts

$22 It shall be the duty of each of the said boards of education, elected pursuant to the provisions of this title, to have a regular meeting at least once in each quarter, and at such meetings to appoint one or more committees, to visit every school or department under the supervision of said board, and such committees shall visit all said schools at least twice in each quarter, and report at the next regular meeting of the board on the condition thereof. The meetings of all such boards shall be open to the public, but said boards may hold executive sessions, at which sessions only the members of such boards or the persons invited, shall be present.

§23 It shall also be the duty of said boards, respectively, to have reference in all their expenditures and contracts to the amount of moneys which shall be appropriated, or subject to their order or drafts, during the current year, and not to exceed that amount. Application of And said board shall severally apply all the moneys apportioned to the common school districts under their charge, to the departments below the academical; and all moneys from the literature fund or otherwise, appropriated for the support of the academical department, to the latter departments.

moneys

Money to be paid into city or village treasury

Security for custody thereof

Payments, how made

$24 All moneys raised for the use of the union free schools in any city or incorporated village, or apportioned to the same from the income of the literature, common school or United States deposit funds, or otherwise, shall be paid into the treasury of such city or village to the credit of the board of education therein; and the funds so received into such treasury shall be kept separate and distinct from any other funds received into the said treasury. And the officer having the charge thereof shall give such additional security for the safe custody thereof as the corporate authorities of such city or village shall require. No money shall be drawn. from such funds, credited to the several boards of education, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the president and countersigned by the secretary or clerk, payable to the order of the person or persons entitled to receive such moneys, and stating on their face the purpose or service for which such moneys have been authorized to be paid by the said board of education.

TITLE 8

moneys to treasurers of boards

accounting

§25 All moneys raised for the use of said union free schools, Payments of other than those whose limits correspond with those of any cities and incorporated villages, or apportioned from the income of the literature or common school or United States deposit funds, or otherwise shall be paid to the respective treasurers of the said several boards of education entitled to receive the same, and be by them applied to the uses of said several boards, who shall Annual annually render their accounts of all moneys received and ex-of treasurers pended by them for the use of said schools, with every voucher for the same, and certified copies of all orders of the said boards touching the same, to the school commissioner of the district in which the principal schoolhouse of the district is located. No Moneys, how money shall be drawn from such funds in possession of such treasurer, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the president and countersigned by the clerk, or secretary, payable to the order of the person or persons entitled to receive such money, and stating on their face the purpose or service for which said moneys have been authorized to be paid by the said board of education.

drawn out

department

§26 Every academic department, established as aforesaid, shall Academic be under the visitation of the Regents of the University, and shall subject to Regents be subject, in its course of education and matters pertaining thereto (but not in reference to the buildings in which the same is conducted), to all the regulations made in regard to academies by the said Regents. In such departments the qualifications for the Qualifications entrance of any pupil shall be as high as those established by the of pupils said Regents for participation in the literature fund of any academy of the state under their supervision.

for entrance

existing

§27 Whenever a union free school shall be established under Adoption of the provisions of this title, and there shall exist within its district academies an academy, the board of education, if thereto authorized by a vote of the voters of the district, may adopt such academy as the academic department of the district, with the consent of the trustees of the academy, and thereupon the trustees, by a resolution to be attested by the signatures of the officers of the board and filed in the office of the clerk of the county, shall declare their offices vacant, and thereafter the said academy shall be the academic department of such union free school. The board of edu- Lease of cation when thereto authorized by a vote of the qualified voters by board of the district may lease said academy and site, and maintain the academic department of such union free school therein and thereon.

academies

TITLE 8

1827a The board of education of a union free school district, with the approval of the Superintendent of Public Instruction, and Regents of the University, may adopt an academy as the academic department thereof, and contract for the instruction therein of pupils of academic grade, residing in the district. The academy thereupon becomes the academic department of such union free school, and the district is entitled to the same rights and privileges, is subject to the same duties, and the apportionment and distribution of state school money shall be made to it, as if an academic department had been established in such school. $28 Every union free school district, in all its departments, vision of union shall be subject to the visitation of the Superintendent of Public Instruction. He is charged with the general supervision of its board of education and their management and conduct of all its Annual reports departments of instruction. And every board of education shall

Visitation

and super

schools by

Super

intendent

of board of education

Special reports

Removal of members of board

Dissolution of common school districts upon consent

annually, on the first day of August, in each year, make to the commissioner having jurisdiction, and deposit in the town clerk's office, a report for the school year ending July 31st preceding, of all matters concerning which trustees of a school district are required to report, under this act, and concerning all such other matters as the Superintendent shall, from time to time, require; and shall also whenever thereto required by the Superintendent of Public Instruction, report fully to him upon any particular matter; and such report shall be in such form, and so authenticated, as the Superintendent shall, from time to time, require.

$29 For cause shown, and after giving notice of the charge. and opportunity of defense, the Superintendent of Public Instruction may remove any member of a board of education. Wilful disobedience of any lawful requirement of the Superintendent, or a want of due diligence in obeying such requirement or wilful violation or neglect of duty is cause for removal.

ARTICLE 5

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

2830 Whenever one or more common school districts shall adjoin any union free school district whose limits do not correspond with those of an incorporated village or city, upon the written consent of the trustees of all the districts to be affected, the school

Added by chapter 325, laws of 1902.

"As amended by section 1, chapter 540, laws of 1899, and by section 1 of chapter 258 of the laws of 1005

TITLE 8

Annexation

to union

district

union district

commissioner having jurisdiction may dissolve such common school district or districts and annex the territory of such district of territory or districts so dissolved to such union free school district, and the school commissioner having jurisdiction may alter any union free Alteration of school district whose limits do not correspond with those of any incorporated village or city, in the manner provided by title 6 of this act, but no such district shall be divided, upon which there is an outstanding bonded indebtedness. Such school commissioner on the written consent of the boards of education of the districts affected may also dissolve a union free school district when it adjoins another union free school district and both of such union free school districts are wholly located within the limits of a city or an incorporated village and annex the territory of such dissolved district to the remaining union free school district. The bonded indebtedness of each of such districts shall, upon such dissolution and annexation, become a charge upon the enlarged district thus formed. Such district shall succeed to all the rights of property possessed by the annulled district. The board of education of such district shall raise by tax an amount sufficient to pay any of the bonds and interest thereon of such district as the same shall become due.

diminution of

board of

1831 At any annual meeting held in any union free school district whose limits do not correspond with those of any incorporated village or city, the qualified voters may determine by a majority vote of such voters present and voting, to be ascertained by taking and recording the ayes and noes, to increase or diminish Increase or the number of members of the board of education of such district. members of If such board shall consist of less than nine members, and such education meeting shall determine to increase the number, such meeting shall elect such additional number so determined upon, and shall divide such number into three several classes, the first to hold. office one year, the second two years and the third three years. If such meeting shall determine to diminish the number of such members composing said board, no election shall be held in such district to fill the vacancies of the outgoing member or members thereof, until the number of members shall correspond to the number which such meeting shall determine to compose such board. No board of education of such district shall consist of Number less than three nor more than nine members. No change shall be made in the number of trustees of any such school district unless notice is given by the board of education at the time and in the 1As amended by section 1, chapter 463, laws of 1903.

restricted

TITLE 8

Special meeting for

same manner of giving notice of the annual school meeting that a vote will be taken upon the question of changing the number of trustees at such annual mecting.

§32 In any union free school district established under the laws dissolution of of this state, and which shall have been established for the period

union district

Meetings not to be held oftener than triennially

Proceedings upon favorable vote

Approval of proceedings

Division of dissolved district in

certain cases

Transfer of

academies to former trustees

of one year or more, it shall be the duty of the board of education, upon the application of 15 resident taxpayers of such district, to call a special meeting in the manner prescribed by law, for the purpose of determining whether application shall be made in the manner hereinafter provided, for the dissolution of such union free school district, and for its reorganization as a common school district or districts.

$33 Whenever, at any such meeting called and held as aforesaid, it shall be determined by a majority vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, not to dissolve such union free school district, no other meeting for a similar purpose shall be held in said district within three years from the time the first meeting was held, and whenever at any such meeting called and held as aforesaid it shall be determined by a two thirds vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, to dissolve such union free school district, it shall be the duty of the board of education to present to the school commissioner of the commissioner district in which said union free school is situated, a certified copy of the call, notice and proceedings. If such school commissioner shall approve the proceedings of said meeting, he shall certify the same to the board of education. Such approval shall not take effect until the day preceding the first Tuesday of August next succeeding; but after that date such district shall cease to be a union free school district.

$34 If any union free school district dissolved under the foregoing provisions shall have been established by the consolidation of two or more districts, it shall be lawful for such school commissioner to order that its territory be divided into two or more districts, to correspond, so far as practicable, with the districts. theretofore consolidated.

$35 If there shall be, in such dissolved union free school district, an academy which shall have been adopted as the academic department of the union free school, under the provisions of title 9, chapter 555 of the laws of 1864, and any amendment thereof, or under this act shall, upon the application of a majority of the surviving resident former trustees or stockholders, be transferred by the board of education to said former trustees or stockholders.

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