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public place by any child after notice of the revocation of such permit and badge shall be deemed a violation of this article and shall subject the child to the penalties provided for in this section. [Added by L. 1921, ch. 21, in effect March 3, 1921.]

§ 648 Punishment of parent, guardian or other person for contributing to the delinquency of children. The parent, guardian or other person having the custody of a child, who omits to exercise reasonable diligence to prevent such child from violating the provisions of this act, shall be guilty of a misdemeanor and shall be dealt with as provided by section four hundred and ninety-four of the penal law. In any such proceedings against any such parent, guardian or other person having custody of such child, proof of the presence of such child in the public streets engaged in the sale or exposure or offering for sale of newspapers, magazines or periodicals in violation of the pro visions of this article, shall be deemed prima facie proof of the lack of reasonable diligence in the control of such child by such parent, guardian or custodian, to prevent such offense by such child. [Added by L. 1921, ch. 21, in effect March 3, 1921.]

ARTICLE 24

School Census

Section 650 School census in cities of the first class, except the city of New York

651 School census in cities not of the first class

652 School census in school districts

653 Penalty for withholding information

654 Payment of expenses

§ 650 School census in cities of the first class, except the city of New York. A permanent census board is hereby established in each city of the first class, except the city of New York. In the city of New York provision shall be made by the board of education for taking a school census in connection with the work of enforcing the compulsory education law. Such permanent census board shall consist of the mayor, the superintendent of schools, the police commissioner or officer performing duties similar to those of a police commissioner. The mayor shall be the chairman of such board. Such board shall have power to make such rules and regulations as may be. necessary to carry out the provisions of this article. Such board shall have power to appoint a secretary and such clerks and other employees as may be necessary to carry out the provisions of this

article and to fix the salaries of the same. Such board shall ascertain through the police force, the residences and employments of all persons between the ages of four and eighteen years residing within such cities and shall report thereon from time to time to the school authorities of such cities. Under the regula tions of such board, during the month of October, 1909, it shall be the duty of the police commissioners in such cities of the first class to cause a census of the children of their respective cities. to be taken. Thereafter such census shall be amended from day to day by the police, precinct by precinct, as changes of residence occur among the children of such cities within the ages prescribed in this article and as other persons come within the ages prescribed herein and as other persons within such ages shall become residents of such cities, so that said board shall always have on file a complete census of the names and residences of the children. between such ages and of the persons in parental relation thereto. It shall be the duty of persons in parental relation to any child residing within the limits of said cities of the first class to report at the police station house of the precinct within which they severally reside, the following information:

1 Two weeks before any child becomes of the compulsory school age the name of such child, its residence, the name of the person or persons in parental relation thereto, and the name and location of the school to which such child is sent as a pupil.

2 In case a child of compulsory school age is for any cause removed from one school and sent to another school, or sent to work in accordance with the labor law, all the facts in relation thereto.

3 In case the residence of a child is removed from one police precinct to another police precinct, the new residence and the other facts required in the two preceding subdivisions.

4 In case a child between the ages of four and eighteen becomes a resident of one of said cities of the first class for the first time the residence and such other facts as the census board shall require. Such census shall include all persons between the ages of four and eighteen years, the day of the month and the year of the birth of each of such persons, their respective residences by street and number, the names of their parents or guardians, such information relating to illiteracy and to the enforcement of the law relating to child labor and compulsory education as the school authorities of the State and of such cities shall require and

also such further information as such authorities shall require. [Amended by L. 1914, ch. 480.]

§ 651 School census in cities not of the first class. The board of education of each city of the second class and of each city of the third class shall constitute a permanent census board in such city. Such board shall, under its regulations, cause a census of the children in its city to be taken and to be amended from day to day so that there shall always be on file with such board a complete census giving the facts and information required in the census provided for in section 650 of the Education Law in cities of the first class. All persons required to give information or make reports under the provisions of section 650 of the Education Law to authorities of cities of the first class shall be required to give similar information or make similar reports under regulations of the board of education in a city of the second class or a city of the third class. [Amended by L. 1917, ch. 567, in effect May 18, 1917.]

§ 652 School census in school districts. The trustee or board of trustees of every school district shall annually on the thirtieth day of August cause a census of all children between the ages of five and eighteen to be taken in duplicate in their respective school districts, and one copy thereof filed with the teacher on the first day of school and the other copy filed with the district superintendent on or before the fifteenth day of September. Such census shall include the information required from cities as provided in this article. [Amended by L. 1919, ch. 100, in effect March 27, 1919.]

§ 653 Penalty for withholding information. A parent, guardian or other person having under his control or charge a child between the ages of four and eighteen years who withholds or refuses to give information in his possession relating to such child and required under this article, or any such parent, guardian or other person who gives false information in relation thereto, shall be liable to and punished by a fine not exceeding twenty dollars or by imprisonment not exceeding thirty days.

§ 654 Payment of expenses. The money required for the purpose of carrying this article into effect shall be paid by the cities and school districts respectively, included in the provisions of this article, but, in cities in which a permanent census board as provided in section 650 of this chapter is not established and maintained, except the city of New York, and in school districts, such moneys shall be paid for the services rendered in the

taking of the school census, on the certificate of the State Com missioner of Education that such census has been satisfactorily taken. [Amended by L. 1914, ch. 480.]

ARTICLE 25

Textbooks

Section 670 Power to designate textbooks

671 Requisites for change

672 Penalty for violation

673 Free textbooks in union free school districts

674 Textbooks containing seditious or disloyal matter

§ 670 Power to designate textbooks; purchase of textbooks and supplies for sale or rental. 1 In the several cities and union free school districts of the State, boards of education or such body or officer as perform the functions of such boards, shall designate textbooks to be used in the schools under their charge.

2 In the common school districts in the State the textbooks. used in the schools therein shall be designated at an annual school meeting by a two-thirds vote of all the legal voters present and voting at such school meeting.

3 In the several cities and union free school districts of the State, boards of education or other school authorities may purchase textbooks and supplies and either rent or sell the same to the pupils attending the public schools in such cities and union free school districts upon such terms and under such rules and regulations as may be prescribed by such boards of education or other school authorities. [Amended by L. 1918, ch. 379, in effect April 30, 1918.]

§ 671 Requisites for change. 1 When a textbook shall have been designated for use in a union free school district or city as provided in subdivision 1 of the preceding section, it shall not be lawful to supersede such textbook by any other book within a period of five years from the time of such designation except upon a three-fourths vote of the board of education, or of such body or officer as performs the function of such board.

2 When a textbook shall have been designated in any common school district as provided in subdivision 2 of the preceding section it shall not be lawful to supersede such textbook except upon

a three-fourths vote of the legal voters present and voting upon such proposition at an annual meeting of such district.

§ 672 Penalty for violation. Any person violating any of the provisions of this article shall be liable to a penalty of not less than fifty dollars nor more than one hundred dollars for every such violation, to be sued for by any taxpayer of the school district, and recovered before any justice of the peace and when collected, to be paid to the collector or treasurer for the benefit of said school district.

§ 673 Free textbooks in union free school districts. 1 The qualified voters of any union free school district present at any annual school meeting or at any special schocl meeting duly and legally called for the purpose, shall have power, by a majority vote, to be ascertained by taking and recording the ayes and noes, to vote a tax for the purchase of all textbooks used, or to be used, in the schools of the district.

2 If such tax shall be voted it shall be the duty of the board of education of such district, within ninety days thereafter, to purchase and furnish free textbooks to all the pupils attending the schools in such district. Such board of education shall have power to establish such rules and regulations concerning the use by the pupils of such textbooks, and the care, preservation and custody thereof as it shall deem necessary.

§ 674 Textbooks containing seditious or disloyal matter. No textbook in any subject used in the public schools in this State shall contain any matter or statements of any kind which are seditious in character, disloyal to the United States or favorable to the cause of any foreign country with which the United States is now at war. A commission is hereby created, consisting of the Commissioner of Education and of two persons to be designated by the Regents of The University of the State of New York, whose duty it shall be on complaint to examine textbooks used in the public schools of the State, in the subjects of civics, economics, English, history, language and literature, for the purpose of determining whether such textbooks contain any matter or statements of any kind which are seditious in character, disloyal to the United States or favorable to the cause of any foreign country with which the United States is now at war. Any person may present a written complaint to such commission that a textbook in any of the aforesaid subjects for use in the public schools of this State or offered for sale for use in the public schools of this State contains matter or statements in violation of this

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