ment of Education prompt and complete reports of any persons under treatment in such hospitals, clinics, or dispensaries, or by such physicians, for any injury or disease that may render them physically handicapped.

2 Arrange with health officers to send to the Department of Education prompt and complete reports to any persons who in the course of their official duties they find to be suffering from any injury or disease that may render them physically handicapped, if such persons have not already been reported.

3 Make physical examinations of any persons applying for or reported as needing rehabilitation, except persons reported by the Industrial Commission.

§ 1207 Application for rehabilitation. Any physically handicapped persons residing within the State may apply to the Department of Education for advice and assistance regarding his rehabilitation.

§ 1208 Duty of the Department of Education. It shall be the duty of the Department of Education:

1 To provide that all persons reported to it or making application to it as physically handicapped shall be promptly visited by its representative who shall report upon their condition to the Department, which shall then determine whether the persons is susceptible of rehabilitation. Any person found susceptible shall be acquainted with the rehabilitation facilities offered by the State and the benefits of entering upon remunerative work at an early date. Any person who chooses to take advantage of the rehabilitation facilities shall be registered with the Department and a record kept of every such person and the measures taken for his rehabilitation. The Education Department shall proffer to any such per-. son counsel regarding the selection of a suitable vocation and an appropriate course of training, and shall initiate definite plans for beginning rehabilitation as soon as the physical condition of the person permits.

2 To arrange for special training courses in the public schools in the State, in selected occupations for physically handicapped

persons.

3 To arrange with any private or commercial educational institution for training courses in selected occupations for physically handicapped persons.

4 To arrange with any public or private establishment or any employer for training courses in selected occupations of physically handicapped persons.

5 To arrange for social service for the visiting of physically handicapped persons and of their families in their homes during the period of treatment and training and after its completion, to give advice regarding any matter that may affect rehabilitation.

6 To aid physically handicapped persons in securing such employment as will facilitate their training or will be suitable to their condition.

7 To procure and furnish at cost to physically handicapped persons artificial limbs and other orthopedic and prosthetic appliances, to be paid for in installments, when such appliances can not be otherwise provided. The proceeds of the sale thereof shall be paid to the Treasurer of the State and shall be held by him in a special fund for the purposes of this subdivision. Payments from this fund shall be made at the direction of the Commissioner of Education.

8 To make surveys with the cooperation of the Industrial Commission and the Department of Health, to ascertain the number and conditions of physically handicapped persons within the State. 9 To make such studies as may be helpful for the operation of this act.

10 To cooperate with any department of the government of the State of New York or with any county or other municipal authorities within the State, or with any private agency, in the operation of this act.

§ 1209 Gifts and donations. The Department is authorized to receive gifts and donations for the purpose of this article which may be offered unconditionally. All money received as gifts or donations shall be paid to the State Treasurer and shall constitute a special fund to be used under the direction of the Department for the purpose of this act. A full report of all such gifts and donations, together with the names of the donors, the amounts contributed by each and all disbursements therefrom shall be submitted annually to the Legislature as part of the report of the Department.

§ 1210 Acceptance of law of the United States. The State of New York, through its legislative authority:

1 Accepts the provisions of any law of the United States making appropriation to be apportioned among the states for vocational rehabilitation of disabled persons;

2 Empowers and directs the Board of Regents of the University, hereby designated the New York state board for vocational education, to cooperate with such agency as the federal government shall designate to carry out the purposes of such law;

3 Appoints the State Treasurer as custodian of all money given to the State by the United States under the authority of such law, and such money shall be paid out in the manner provided by such act for the purposes therein specified;

4 Authorizes the Board of Regents of the University as the state board for vocational education and the Industrial Commission to formulate a plan of cooperation in accordance with this act, which shall be effective when approved by the Governor of the State. [Added by L. 1920, ch. 760, in effect May 13, 1920. The sum of $75,000 was appropriated by the legislature to carry out the provisions of this article.]

ARTICLE 48

[Former article 46 (§§ 1190-92) was renumbered article 47 (§§ 1200-2), by L. 1913, chs. 424 and 676; and again renumbered article 48 (§§ 12501252), by L. 1920, ch. 760.]

Laws Repealed; Saving Clause; When to Take Effect

Section 1250 Laws repealed

1251 Saving clause

1252 When to take effect

§ 1250 Laws repealed. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. [Section renumbered by L. 1913, ch. 424, also erroneously renumbered by L. 1913, ch. 676.]

§ 1251 Saving clause. Nothing herein contained shall be construed to impair or in any manner affect or change any special law touching the schools or school system of any city or incorporated village unless the same is so stated. [Section renumbered by L. 1913, ch. 424, also erroneously renumbered by L. 1913, ch. 676.]

§ 1252 When to take effect. This chapter shall take effect immediately. [Section renumbered by L. 1913, ch. 424, also erroneously renumbered by L. 1913, ch. 676.]

[Schedule of laws repealed omitted.]

APPENDIX

PENAL PROVISIONS RELATING TO
SCHOOLS AND SCHOOL OFFICERS

Penal Law (L. 1909, ch. 88)

§ 246 Use of force not unlawful in certain cases. To use or attempt, or offer to use, force or violence upon or toward the person of another is not unlawful in the following

cases:

4 When committed by a parent or the authorized agent of any parent, or by any guardian, master, or teacher, in the exercise of a lawful authority to restrain or correct his child, ward, apprentice or scholar, and the force or violence used is reasonable in manner and moderate in degree.

§ 405 Unlawfully entering building. A person who, under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor.

§ 889 Forgery in third degree. A person who, with intent to defraud or to conceal any larceny or misappropriation by any person of any money or property:

1 Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a corporation, association, public office or officer, partnership, or individual; or,

2 Makes a false entry in any such account or book of accounts; or,

3 Wilfully omits to make true entry of any material particular in any such account or book of accounts, made, written, or kept by him or under his direction,

Is guilty of forgery in the third degree.

§ 1470 Disturbing lawful meetings. A person, who, without authority of law, wilfully disturbs any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor.

§ 1824 Attempting to prevent officers from performing duty. A person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, is guilty of a misdemeanor.

§ 1825 Resisting officer. A person who knowingly resists by the use of force or violence, any executive officer, in the performance of his duty, is guilty of a misdemeanor.

§ 1836 Officer refusing to surrender to successor. A person who, having been an executive or administrative officer, wrongfully refuses to surrender the official seal, or any books or papers appertaining to his office, upon the demand of his lawful successor, is guilty of a misdemeanor.

§ 1837 Administrative officers. The various provisions of the preceding sections of this article which relate to executive officers apply to administrative officers, in the same manner as if administrative and executive officers were both mentioned.

§ 1838 Injury to records and misappropriation by ministerial officers. A sheriff, coroner, clerk of a court, constable or other ministerial officer, and every deputy or subordinate of any ministerial officer, who:

1 Mutilates, destroys, conceals, erases, obliterates or falsifies any record or paper appertaining to his office; or,

2 Fraudulently appropriates to his own use or to the use of another person, or secretes with intent to appropriate to such use, any money, evidence of debt or other property intrusted to him in virtue of his office,

Is guilty of felony.

§ 1841 Provision as to neglect of duty. A public officer, or person holding a public trust or employment, upon whom any duty is enjoined by law, who wilfully neglects to perform the duty, is guilty of a misdemeanor. This and section 1840 do not apply to cases of official acts or omissions the prevention or punishment of which is otherwise specially provided by statute.

§ 1865 Misappropriation and falsification of accounts by public officers. A public officer, or deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the people of this State, or of any department of the government of this State, or of any bureau or fund created by law, and in which the people of this State are directly or indirectly interested, or for or on account of any city, county, village or town, who:

1 Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or otherwise; or,