State of New York-Secretary's Office-Department of Common Schools.

THE NEW SCHOOL ACT, WITH EXPLANATIONS. •

AN ACT amendatory of the several acts rela-ed thereby, may apply to the supervisor and ting to Common Schools.

DISTRICT SCHOOL JOURNAL,

§ 9. The consent of the town superintendent shall not be requisite to the annulling of any certificate of qualification granted by any coun-trict; and no portion of the library money shall ty superintendent.

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and justices of each of the towns in this state,sistent with, the provisions of this act, are on the first day of June next, by writing under hereby repealed; but nothing in this act contheir hands to be filed in the office of the town tained shall be so construed as to impair or af clerk, to designate one of the electors of each fect any of the local provisions respecting the town as town superintendent of common schools organization and management of schools in any under this act; and the person so designated of the incorporated cities or villages or towns shall perform all the duties, and be subject to of this state. all the liabilities imposed or conferred by this § 20. The officers heretofore chosen or apact on town superintendents, and shall hold pointed under the thirty-sixth section of chaphis office until the next annual town meeting. ter two hundred and sixty of the laws of eigh§ 19. Sections five of chapter three hund-teen hundred and forty-one, shall hereafter be red and thirty of the laws of eighteen hundred known and designated by the name of "County and thirty-nine, and twelve, of chapter two Superintendents of Common Schools." hundred and sixty of the laws of eighteen§ 21. This act shall not take effect until the hundred and forty-one, and all other such pro- first day of June next. visions of law as are repugnant to, or incon- |

EXPOSITION, & c.

section of our entire territory, their elevation and expansion to meet the constantly increasing requirements of science and mental progress, and their capability of laying broad and deep the foundations of character and usefulness, must depend upon the intelligent and fostering culture which they shall receive at the hands of those to whose immediate charge they are committed. There is no institution within the range of civilization, upon which so much, for good or for evil, depends-upon which hang so many and such important issues to the future well being of individuals and communities, as the common District School. It is through that alembic that the lessons of the nursery and the family fire-side, the earliest instructions in pure morality, and the precepts and examples of the social circle are distilled; and from it, those lessons are destined to assume that tinge and hue which are permanently to be incorporated into the character and the life. Is it too much then to ask or to expect of parents, that laying aside al minor considerations, abandoning all controversies and dissensions among themselves in reference to local, partizan and purely selfish objects, or postponing them at least, until the interests of their children are placed beyond the in

The late act of the Legislature, amendatory of the several statutes relating to Common Schools, having in many important respects changed and modified the existing system, the Superintendent has deemed it incumbent upon him, although not specially required so to do, to give a brief exposition of the law as it now stands, and to point out the principal duties of the several officers charged with its administration. He avails himself of the occasion to congratulate the people of the State generally, and especially those more directly interested in primary_education, upon the unanimity with which the Legislature have given their sanction and that of their con. stituents, to the improved system of public instruction, which, after patient and mature deli. beration, they have seen fit to adopt. In this country, no systems however perfect, no enactments however enlightened, and no authority however constituted, can attain to the full accomplishment of their object, however praiseWorthy and laudable, without the hearty and efficient co-operation of public sentiment. Aid. ed by this co-operation, the most important results may be anticipated from the most simple organization. The repeated and solemn recognition by the representatives of the people, of the interests of popular education and public influence of these irritating topics, they will construction, the nearly unan mous adoption of a system, commended to the public favor as well by practical experience, as by the concurring testimony of the most enlightened minds of our The sum of $275,000 is annually appropriated own and other countries; and the simplification from the Common School Fund, and paid over of much of the complicated machinery which on the first day of February in each year to the served only to encumber and impede the opera-Treasurers of the several counties, in proportion tion of that system; these indications afford the most conclusive evidence not only of the importance which the great mass of our fellow-citizens attach to the promotion of sound intellectual and moral instruction, but of their determination to place our COMMON SCHOOLS, where this instruction is chiefly dispensed to the children of the State, upon a footing which shall enable them most effectually to accomplish the great objects of their institution.

secrate their undivided energies to the advancement and improvement of these beneficent institutions?

to the population of each as ascertained at the last preceding census. The apportionment of this fund among the several counties, towns and wards of the State, is made by the Superintendent in the year next succeeding each enumeration of inhabi'ants, State or national, and whenever any increase or diminution of the fund takes place. A sum equal to that so apportioned to each town and county, is required by law, annually to be raised by the Board of SuIt is upon the extent and permanency of this pervisors of such county, on the taxable profeeling, that the Department relies; and this perty of the inhabitants of the respective towns spirit to which it appeals, in looking forward to and wards; and whenever the inhabitants of any the just appreciation and judicious improvement town shall at their annual town meeting, by of those means of moral and mental enlighten- vote direct an additional amount, not exceeding ment which the beneficent policy of the State has the amount apportioned to such town by the placed at the disposal of the inhabitants of the State Superintendent, to be raised, such additionseveral districts. The renovation of our Com-jal amount is to be assessed on the town by the mon Schools, distributed as they are, over every Supervisors. In addition to these funds, many

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DISTRICT SCHOOL JOURNA L,

towns possess a local fund, principally arising from the avails of Gospel and School lots, originally reserved in the sale of the State lands. Fifty-five thousand dollars of the State appropriation, and a corresponding amount raised up. on the several counties by tax, (or one-fifth of the aggregate, exclusive of the additional amount raised by vote of the inhabitants at town meetings, and local funds) are exclusively appropriated by law, in the first instance, and permanently with the exception hereafter to be noted, to the purchase of suitable books for a District Libra-"that a school had been kept therein for at ry. The residue is exclusively appropriated to the payment of the wages of duly qualified teachers. The share apportioned to and raised upon each town, is required to be paid over immediately upon its receipt, to the TOWN SUPERINTENDENT. This officer is to be appointed for the present year, on the first day of June next, by the Supervisor and Justices of the Peace of the respective towns, and thereafter to be annually elected at town meetings; and is required within ten days after such election or appointment, to execute to the Supervisor and file with the Town Clerk of his town, a bond with one or more sufficient sureties, to be approved of by said Supervisor by his endorsement thereon, in the penalty of double the amount of the school money received in his town from all sources, during the preceding year, conditioned for the faithful application and legal disbursement of all the school money coming into his hand. A form for this bond is hereto appended.

1. The first duty of the Town Superintendent relates to the apportionment of school money among the several districts and parts of districts, the reports from which shall have been duly made in accordance with law. This apportionment is by law required to be made on the first Tuesday of April, or in case of the receipt of the school money, and "all the reports from the several school districts" before that time, within ten days thereafter. The annual reports of Trustees are now required to be made and transmitted to the Town Superintendent, between the first and fifteenth of January in each year; and the public money from all sources is payable immediately after its receipt on the first of February. The probability therefore is, that hereafter the annual apportionment of school moneys, will take place as early as the first of March in each year. If the reports of the respective Trustees are made within the time prescribed by law, ample opportunity will be afforded to the Town Superintendent to point out all errors and deficiencies in them, and to enable the Trustees either to make the necessary corrections or to apply to the Department for relief, before the apportionment is finally made. In making the apportionment, the Town Superintendent is first to assign to each district, from which the necessary report has been received, or which is entitled to share in the apportionment, its proportion of the public money received from all sources, according to the number of children be tween the ages of five and sixteen, designating the respective proportions of teachers and library money belonging to each district. This designation will be most readily made by deducting from the aggregate sum to be distributed onefifth of double the amount apportioned by the State, and received from the County Treasurer, and making the apportionment accordingly.

The teachers' money is to be paid over" on the written order of a majority of the Trustees of each district, to the teachers entitled to receive the same." It will therefore be incumbent on the Town Superintendent to satisfy himself, both of the genuineness of the order, and that the person presenting it has the certificate of the Trustees that he is or was a teacher of the district, and duly qualified according to law. In order to entitle a district to its share of teachers' money, it must appear from its annual report, least four months during the year, ending at the date of such report by a qualified teacher," after obtaining a certificate of competency from the proper authority; that all the teachers' money received during the year has been expended in the payment of such teacher; "that no other than a duly qualified teacher had at any time du ring the year for more than one month been employed to teach the school in said district;" and such report must, in all other respects, be in accordance with law, and the requisitions and instructions of the Superintendent, made in pursuance of law. In other words, it must be in the form prescribed by the Superintendent, and must contain all the information required by law and by the Department to be given. With the ample opportunities afforded for correction and for the interposition of the Department when requisite, prior to the apportionment, it will hereaf ter be expected that the apportionment of teachers' money will be made with reference exclusively to the reports and orders of the Department, then before the Town Superintendent; and no application subsequently made for the interposition of the Department will be regardet, unless the most satisfactory explanation of the delay is given.

The Library money is to be paid over to, or on the order of, a majority of the Trustees, on its appearing from the annual report that "the library money received at the last preceding appor. tionment was duly expended according to law, (in the purchase of books suitable for a District Library, or in the purchase of maps, globes, black boards or other scientific apparatus for the use of the schools, in the cases and in the mode prescribed by the late law, and which will be hereafter considered) on or before the first day of October subsequent to such apportionment." The report must uniformly be accompanied with a catalogue of the Library; and must state accurately the number of volumes and their condition; and when the money has been expended in the purchase of apparatus, &c. the authority under which such expenditure has been made, and a full and particular inventory of the arti cles purchased, must be specifically reported.

2. The next duty of the Town Superintend ent in the order of time, is the examination and licensing of teachers, and the visitation and inspection of the schools. This is a most impor ant and responsible task; and upon its proper fulfilment, depends in a very essential degree, the elevation and improvement of the District Schools. If none but properly qualified teachers are permitted to find their way to our schools; if the certificate of the examining offi. cer, and the sanction of his authority, are given only to those who are intellectually and morally fitted adequately to discharge the high duties of instructors of youth, "apt to teach," competent

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to communicate instruction in the mode best Trustees of any district to be affected by such adapted to develope the various faculties of the formation or alteration, shall desire, the Superexpanding mind, patterns alike of moral and so- visor and Town Clerk may be associated with cial excellence; these elementary institutions him in the discharge of this duty; and in joint will speedily become the fitting temples of sci- districts, joint boards must of course be formed ence, the nurseries of virtue, and the pride and in either event. The general principles which boast of the State. Hitherto this duty has been should govern in the formation and alteration of deplorably neglected; and the disastrous conse- school districts, have repeatedly been laid down quences are every where visible in the degrada. by the present Superintendent and his predecestion of the District School, the substitution of sors, and will be found in the volume of Comprivate and select schools of every grade, the mon School Decisions, the instructions to Comlow estimation in which the profession of the missioners in the "Laws, &c. relating to Comteacher is held, and the miserable pittance-too mon Schools," distributed in 1841, and the Disoften most costly in its utmost scantiness-which trict School Journal from its commencement tc is relunctantly doled out to the needy and destitute the present period, all of which will be transadventurer. A thorough reform in this respect, mitted upon application to the respective Town is imperatively demanded as well by public sen- Superintendents, where they cannot be obtained timent, as by a just regard to the paramount in- from the Commissioners, to whom they have terests of education; and no considerations of been already forwarded, or from the County temporary convenience to a particular district, Superintendent. The great aim should be to of favor to individuals, or of regard to the pre-form, as far as may be practicable, permanent judices or preferences of inhabitants or trustees, and efficient districts, competent both in respect will, it is hoped, hereafter be permitted in any to taxable property and number of children, to case to sway the action of the certifying officer, sustain good schools, for from eight to ten or incline him, either to the right or the left, months of each year, and affording all requisite from the plain path of duty and obligation. A facilities for the regular attendance of all the certificate, should in no case, and under no cir- children entitled to participate in the benefits of cumstances, be granted unless the candidate is the school. Whenever alterations may become found upon a careful examination, well qualifi- necessary or expedient, the utmost care should ed to instruct in all the ordinary branches usual- be taken to secure the general co-operation of ly taught in Common Schools-thoroughly ver- the inhabitants interested, and to avoid all those sed in the principles of elementary science-ca. sources of contention and discord which are so pable of readily applying them to any given fatal to the prosperity, harmony and efficiency case, and able to communicate with facility, the of the district. It is better to submit to many results of his knowledge; and unless in addition temporary and local inconveniences, than to ha. to this, his character and demeanor are irre- zard the disastrous results which almost uniproachable, his habits exemplary, and his moral formly follow any general dissatisfaction with principles undoubted. In order as well to be as- contemplated alterations, even though such alsured that the impressions resulting from the ex- terations may upon the whole be judicious and amination were well founded, as to make himself advantageous. "The good sense of a district acquainted with the condition and prospects of may be relied upon, to perceive ultimately its the schools, the Town Superintendent should fre- true interest, and the loss of time in attaining quently and periodically visit and inspect the the desired end is unimportant when compared schools; and whenever practicable, should be ac- with the consequences of defeating the wishes companied by the County Superintendent, by of a decided majority," or even of a respectable the Trustees of the districts and such of the inha- minority "of a district." The mode of probitants as may be prevailed upon to attend. It ceeding, and the forins of the necessary orders would be attended with the happiest effects up. in the formation and alteration of districts, the on the prosperity and advancement of the schools appraisal of district property, &c. will be found if the Town Superintendent would annually in the "Laws relating to Common Schools," make to the County Superintendent, a detailed and the instructions of the Superintendent under report of the character and condition of the se- the head of "Commissioners;" and may easily veral schools within his town, and of the influ- be varied to meet the exigency of each case, ences, prosperous or adverse, by which their ad- der the existing law. ministration during the current year had been distinguished.

The certificates of qualification granted by Town Superintendents are to remain in force for one year only; are available only within the town for which they were granted; may be annulled at any time by the officer granting them, or his successor, giving ten days notice in writing, of intention to annul the same to the teacher and trustees, or by the County Superintendent, with the consent of the Town Superintendent, without such notice, and is to be in the form heretofore prescribed by the Department, substituting the words "Town Superintendent" for "Inspectors."

3. Another function of considerable impor. tance, devolved upon Town Superintendents by the existing law, is the formation and alteration of school districts. Whenever, however, the

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4. The Town Superintendents are also to prosecute for and collect the various penalties imposed by law, for violation or neglect of duty on the part of the several officers of school districts, where no other provision is made therefor. Their duties under this head, will be found summed up at page 116 of the volume last referred to.

5. Whenever any second or subsequent renew. al of a School District warrant may for any rea. son become necessary or advisable, the consent of the Town Superintendent to such renewal, to be endorsed on such warrant, is required by the late law. This enactment restores the law as it formerly stood in relation to the power of Trustees of districts to renew a warrant once; and inasmuch as the prompt collection of taxes and rate bills is in many important respects de. sirable; and as such collection may always be