CIFT OF NEW JERSEY SCHOOL LAWS AND Rules and Regulations Prescribed by the State Board of Education WITH Notes, Blanks and Forms FOR THE USE AND GOVERNMENT OF SCHOOL OFFICERS. 191 I PREPARED BY THE COMMISSIONER OF EDUCATION TRENTON, N. J. MacCrellish & Quigley, State Printers, Opposite Post Office. IflZ. |_ 6 2,521 CONTENTS. PAGE. Agricultural College, 159 Agriculture, Summer Schools for, 149 Blanks and Forms for School Officers, 199 Boards of Examiners, Article IV, 20 City School Districts, Article VI, 24 Children's Guardians, State Board of, 166 Commissioner of Education, Article II, 10 Compulsory Education, Article XV, 84 County Superintendents, Article III, 17 Crimes Act, Extracts from 164 Custodian of School Moneys, Article XVIII, 102 Detention Schools, 152 Disorderly Persons, Extracts from Law, 163 Evening Schools, Article XIII, 82 Free Lectures, 163 Industrial Schools, 145 Kindergartens, Article XII, 81 Manual Training, Article XXII, no Summer Schools for, 149 Manual Training and Industrial School for Colored Youth, Article XXI, 109 Miscellaneous, Article XXVII, 130 Miscellaneous Laws, 145 New Jersey School for the Deaf, Article XX, 107 Pupils, Article IX, 66 Railroad Tax for Schools, 141 Rules and Regulations Prescribed by the State Board of Education, 173 Salaries of Teachers and Principals, Article XXVI, 124 School Districts, Article V, 21 School Fund, Article XVI, 90 School-Houses, Facilities and Accommodations, Article X, 71, 157, 158 School Libraries, Article XXIII, 112 State Board of Education, Article I, 7 State Normal School, Article XIX, 105 State Prison School, 150 State School Tax, Article XVII, 94 Summer Schools, 149 Teachers, Article VIII, 61 Teachers' Libraries, Article XXIV, 113 Teachers' Pensions, 66 Teachers' Retirement Fund, Article XXV, 113 Text-Books and Supplies, Article XIV, 84 Township, Incorporated Town and Borough School Districts, Article VII, 39 Union-Graded Schools, Article XI, 74 254101 EXTRACTS From the State Constitution Respecting Public Schools* SECTION VII. 6. The fund for the support of free schools, and all money, stock and other property which may hereafter be appropriated for that purpose, or received into the treasury under the provision of any law heretofore passed to augment the said fund, shall be securely invested and remain a perpetual fund; and the income thereof, except so much as it may be judged expedient to apply to an increase of the capital, shall be annually appropriated to the support of public free schools, for the equal benefit of all the people of the state; and it shall not be competent for the legislature to borrow, appropriate or use the said fund, or any part thereof, for any other purpose, under any pretence what- ever; the legislature shall provide for the maintenance and sup- port of a thorough and efficient system of free public schools for the instruction of all the children in this state between the ages of five and eighteen years. ii. The legislature shall not pass private, local or special laws providing for the management and support of free public schools. (5) SCHOOL LAW. AN ACT to establish a thorough and efficient system of free public schools, and to provide for the mainte- nance, support and management thereof. Approved October nineteenth, one thousand nine hundred and three. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: ARTICLE I. STATE BOARD OF EDUCATION. 1. (2.) The general supervision and control of public instruction shall be vested in a State Board of Educa- oJ?. 23"' tion, which shall consist of eight members, not more than four of whom shall be members of the same political party, and not more than one of whom shall be residents of any one county. Said members shall be Quaiificatons for members. male citizens who have resided within the State for not less than five years immediately preceding the date of their appointment. They shall be appointed by the Appointment. Governor by and with the advice and consent of the Senate, for the following terms, to commence on the first day of July, nineteen hundred and eleven : one for Term, one year, one for two years, one for three years, one for four years, one for five years, one for six years, one for seven years and one for eight years. Annually there- after one member shall be appointed by the Governor for a term of eight years. Vacancies shall be filled for vacancy, the unexpired term. A suitable room in the State House office. at Trenton shall be provided for the use of the board. (7) 8 SCHOOL LAW. Meetings. Control of certain State schools. P. L. 1903. Special session. Powers enumerated. Make rules for carrying school laws into effect. Ibid. Appoint county super- intendents. Rules for institutes. Decide appeals. Rules for examinations. Inspector of "buildings. P. L. 1911, Chap. 231. Inspector of accounts. Said board shall meet in the State House in Trenton at such times as their rules may prescribe in each and every month, and at such other times and places within the State as in its judgment may be necessary. Its meet- ings, as well as those of every board of education in the State, shall be public and shall commence not later than eight P. iM. 2. (2.) The State Board of Education shall have the control and management of the State Normal Schools, the New Jersey School for the Deaf, the Farnum Pre- paratory School, and the Manual Training and Indus- trial School for Colored Youth. 3. (3). The State Board of Education shall have power : I. To frame and modify by-laws for its own govern- ment; to elect its president and other officers, and to prescribe and enforce rules and regulations necessary to carry into effect the school laws of this State. II. To appoint County Superintendents of Schools, and for cause to remove them. III. To prescribe rules and regulations for holding teachers' institutes. IV. To decide appeals from the decisions of the Com- missioner of Education. V. To make and enforce rules and regulations for the examination of teachers, and the granting of certificates or licenses to teach. VI. Appoint an Inspector of Buildings at a salary not to exceed two thousand dollars per annum, who shall devote his time during the entire twelve months in the year to visiting the schools in the State and to making a thorough report with regard to each. VII. Appoint an Inspector of Accounts at a salary not to exceed two thousand dollars per annum, who shall devote his time during the entire twelve months in the year to the examination of the accounts of the sev- eral school districts. SCHOOL LAW. 9 VIII. Prescribe a uniform and simple system of bookkeeping for use in all school districts, and compel all school districts to use the same. IX. Appoint, upon application, a Supervising Prin- cipal over the schools in two or more districts when- P rinci P als - ever in its opinion it is advisable so to do, and apportion the expense equitably among the districts. X. Withhold or withdraw its approval of any second- ary school whenever in its opinion its academic work, location or enrollment and per capita cost of mainte- nance shall not warrant its establishment or continuance. XL Fix rates to be paid by a district for the tuition fj^' 65 of of children sent from it to the schools of other districts, when the districts cannot agree among themselves as to the proper rate, and require any district having the necessary accommodations to receive pupils from other districts at rates agreed upon or which it may fix in the event of disagreement. XII. Compel the production at such time and place f t ^ nce within the State as it may designate of any and all of witnesses. books, papers and vouchers in any way relating to schools or to the receipt or disbursement of school moneys; compel the attendance before it or before any of its committees or before the Commissioner of Edu- cation or one of his assistants or before the Inspector of Accounts or the Inspector of Buildings at such time and place as it may designate of any member of a board of education, or of any person in the employ of a board of education, and suspend from office any person re- penalty. fusing to attend or to submit such books, papers and vouchers as he may have been directed to produce. XIII. Issue subpoenas signed by its president and issue * subpoenas. secretary compelling the attendance of witnesses and the production of books and papers in any part of the State before it or before any of its committees or before the Commissioner of Education or one of his assistants cr before the Inspector of Accounts or the Inspector of Buildings. 10 SCHOOL LAW. Compensa- tion. P. L. 1903. Special session. Annual report. Ibid. 4. (4.) The members of the State Board of Educa- tion shall receive no compensation for their services, but the State Treasurer shall, upon the warrant of the State Comptroller, pay their necessary expenses. 5. (5.) The State Board of Education shall report annually to the Legislature in regard to all matters com- mitted to its care. ARTICLE II. COMMISSIONER OF EDUCATION. Appointment. P. Iv. ign, Chap. 231. Term. Salary. Powers of. Ibid. Secretary of State Board of Education. Assistant commis- sioners. Supervisor of secondary education. 6. (4.) A Commissioner of Education shall be ap- pointed by the Governor, by and with the advice and consent of the Senate, for a term of five years, com- mencing July first, one thousand nine hundred and eleven, and until his successor shall be appointed, at an annual salary of ten thousand dollars per annum, pay- able in equal monthly installments. Such commissioner shall be selected without regard to whether his place of residence is within or without the State of New Jersey. 7. (5.) The Commissioner of Education shall, with the advice and consent of the State Board of Education : I. Designate one of the clerks in the Department of Public Instruction to act as secretary of the State Board of Education and to perform such services as it may require. II. Appoint four assistant commissioners of educa- tion, each at an annual salary of four thousand five hundred dollars, and designate one of them to act in his place during his absence. III. Designate one of such assistants to act as Super- visor of Secondary Education and define his duties, cause him to devote his entire time during school hours to personal inspection and to conduct tests of at least one-half hour each in at least three classes on each visit to a high school or to a high school department. SCHOOL LAW. ii IV. Designate one of such assistants to act as Super- of Elementary Education and define his duties, ana education - cause him to devote his entire time during school hours to personal inspection. V. Designate one of such assistants to act as Super- Supervisor of industrial visor of Industrial Education, including agriculture, and education. define his duties, including agriculture, and to cause him to devote his entire time during school hours to personal inspection. VI. Designate one of such assistants to hear all con- Designate . . . assistant troversies and disputes which may arise under the school to he * r . controversies. laws or the rules and regulations of the State Board of Education or of the Commissioner of Education, sub- ject, however, to a right of appeal to the State Board of Education. VII. Prescribe minimum examinations throughout Prescribe examinations. the State for graduation from grammar schools and for admission to high schools and high school departments ; confine such examinations to arithmetic, writing, spell- ing, English grammar and composition, history and geography, prepare or cause to be prepared questions for the examinations; prescribe the times and places for holding them and the rules governing them; designate the persons to conduct them, and if admissible, direct superintendents, principals and teachers of one district to conduct them in any other. Such examinations shall be open to all children of the State whether they attend public or private schools. VIII. Prescribe a minimum course of study for the Prescribe elementary schools and for the high schools or for either, elementary ....... schools. if in his opinion it is advisable so to do. IX. Prescribe such method as to him may seem best for use in ascertaining what children are three years or more below the normal. X. Hold meetings of city and county superintendents Meetings of . county and at least once in each year for the discussion of school 9 itv su P er - . mtendents. affairs and ways and means of promoting a thorough and efficient system of education. 12 SCHOOL LAW. Withhold school moneys. Report. Trustee of school fund. Ibid. Administer oaths. Ibid. Definition of Commissioner of Education. Ibid. Appeals to State Board. Ibid. Office. P. L. 1903, special session. XL Direct the County Collector to withhold funds received by him, from the State from any district that refuses or neglects to obey the law or the rules or direc- tions of the State Board of Education or the Commis- sioner of Education. XII. Report to the State Board of Education once a month and at such other times as it may designate such information as it may prescribe. 8. (6.) The Commissioner of Education shall be one of the Trustees of the School Fund. 9. (7.) The State Board of Education, by its presid- ing officer, each of its committees, by their chairmen, the Commissioner of Education and each of his assistants shall have authority to administer oaths and to examine under oath, in any part of the State, witnesses in regard to any matter pertaining to the schools and to cause the examination to be reduced to writing. Any person, who, having been sworn or affirmed by the presiding officer of the State board, or by the chairman of any of its committees, or by the commissioner, or by any one of his assistants to tell the truth, and who willfully gives false testimony shall be guilty of perjury. 10. (8.) Whenever in the act to which this is a sup- plement, or in any act amendatory thereof or supple- mental thereto, or in any other act of the Legislature the words "State Superintendent of Public Instruction" are used the same shall be taken to be and to mean "Com- missioner of Education." 11. (9.) All appeals to the State Board of Education shall be taken within thirty days after the Commissioner of Education has filed his decision, and in such manner as the said board may prescribe. 12. (6.) A suitable office, to be known as the Depart- ment of Public Instruction, shall be provided for him in the State House at Trenton. The necessary expenses incurred in the Department of Public Instruction shall be paid in the manner provided by law. SCHOOL LAW. 13 13. (8.) The Commissioner of Education may em- ploy such clerks as he may deem necessary and fix their ibid, compensation, which compensation shall be payable monthly on the certificate of the Commissioner of Edu- cation; provided, that the compensation of said clerks Proviso. shall not exceed in the aggregate the sum annually appropriated therefor by the Legislature. 14. (9.) The Commissioner of Education shall be the Secretary of the State Board of Education, and a mem- and member* J ' TT 1_~ 11 of boards of ber, ex-officio, of all boards of examiners. He shall examiners. enforce all rules and regulations prescribed by the State Board of Education. He shall have supervision of all supervision . , of schools. the schools of the state receiving any part of the state appropriation. He shall, from time to time, instruct County and City Superintendents as to their duties and as to the best manner of conducting schools, construct- ing schoolhouses and furnishing the same. 15. (10.) The Commissioner of Education shall de- cide, subject to appeal to the State Board of Education and without cost to the parties, all controversies and dis- putes that shall arise under the school laws, or under the rules and regulations of the State Board of Education. The facts involved in any controversy or dispute shall, if he shall so require, be made known to him by written statements by the parties thereto, verified by oath or affirmation, and accompanied by certified copies of all documents necessary to a full understanding of the question in dispute, and his decision shall be binding until, upon appeal, a decision thereon shall be given by the State Board of Education, (a) (a) i. The State Superintendent having been given authority to hear and determine certain matters, his determination thereupon has the conclusive quality of a judgment pronounced in a legally created court of limited juris- diction acting within the bounds of its authority. Thompson v. Board of Education, 28 Vr. 628. 2. There is no distinction in point of conclusiveness between the decisions of special tribunals and the judgments of courts of record. The difference is solely in the presumption of jurisdiction. Ibid. 3. The court may, in the exercise of its discretion, refuse to interpose by mandamus in a controversy cognizable by the special tribunals created by the school laws of this State, where an appeal to such tribunals has not been SCHOOL LAW. Keep record of decisions. Ibid. Seal. Appoint county super- intendent to fill vacancy. Ibid. Withhold salary from county super- intendent. Ibid. State school moneys with- held for non- performance of duty. Ibid. 16. ( 1 1 . ) The Commissioner of Education shall keep a record of all his official acts and shall preserve copies of all decisions made by him, and shall adopt and provide an official seal. Copies of all acts, orders and decisions made by him, and of all papers deposited or filed in the Department of Public Instruction may be authenticated under said seal, and, when so authenticated, shall be evidence equally with and in like manner as the originals. 17. (12.) Whenever there shall be a vacancy in the office of County Superintendent of Schools, the Com- missioner of Education shall appoint, subject to the ap- proval of the President of the State Board of Education, a suitable person to fill such vacancy, and the person so appointed shall hold office until his successor shall be appointed by the State Board of Education. 18. (13.) In case a County Superintendent of. Schools shall neglect or refuse to perform any duty imposed upon him by this act or by the rules and regulations ot the State Board of Education, the Commissioner of Education shall, subject to appeal to the State Board of Education, withhold from such County Superintendent of Schools the order for his salary until he shall have fully complied with the provisions of this act and with the rules and regulations of the State Board of Educa- tion relating to his duties. 19. (14.) In case a board of education, or any officer thereof, or the legal voters of any school district, or any board or officer of the municipality in which any such school district shall be situate shall neglect or refuse to made. Jefferson v. Board of Education, 35 Vr. 59. See Buren v. Albertson, 25 Vr. 72; Stockton v. Board of Education, 43 Vr. 80. 4. Special tribunals created by the statute have exclusive jurisdiction over all controversies arising under such statute, and an action at law cannot be maintained by a public school teacher for the purpose of contesting the legality of the action of a local school board in dismissing him before the term of service provided in his contract of employment has expired. Draper v. Commissioners of Public Instruction, 37 Vr. 54. The State Superintend- ent of Public Instruction is authorized by law to decide disputes and con- troversies as to the election of members of the Board of Education of certain municipalities. Du Four v. State Superintendent, 43 Vr. 371. Certiorari is not the appropriate proceeding to determine the title to an office. Ibid. See foot-notes to sections 82, 118 and 140. SCHOOL LAW. perform any duty imposed upon such board, officer or legal voters by this act or by the rules and regulations of the State Board of Education, the custodian of the school moneys of such school district shall, upon notice from the County Superintendent of Schools, approved by the Commissioner of Education, withhold all moneys received by him from the County Collector and then remaining in his hands to the credit of such district, until he shall receive notice from said County Superintendent of Schools that said board, officer or legal voters have fully complied with the provisions of this act and with the rules and regulations of the State Board of Edu- cation. 20. (15.) In case a teacher shall neglect or refuse to perform any duty imposed upon him or her by this act or by the rules and regulations of the State Board of Education, the Commissioner of Education shall direct the custodian of the school moneys of the school district in which such teacher shall be employed, to withhold from such teacher all salary due to him or her until he receives notice from said Commissioner of Education that such teacher has fully complied with the provisions of this act and the rules and regulations of the State Board of Education relating to his or her duties. 21. (16.) The Commissioner of Education, shall equitably apportion to the several counties the amount moneys, appropriated for the support of public schools from the Ibi(L State School Fund on the basis of the aggregate num- ber of days attendance of all pupils attending the public schools during the year preceding that for which said apportionment shall be made, and shall furnish to the State Comptroller and to the several County Superin- tendents of Schools and County Collectors an abstract of such apportionment, and of the apportionment of the moneys due to the several counties from the State school tax and from the reserve fund, and shall draw his orders on the State Comptroller and in favor of the i6 SCHOOL LAW. Reports of private schools. Ibid. Proviso. Proviso. Furnish blanks to school officers. Ibid. Annual report. Ibid. Oaths and affidavits. Ibid. County Collector of each county for the amount to which such county shall be entitled. 22. (17.) The superintendent or manager of each educational institution receiving support or aid from the State, and the president, manager or principal of each seminary, academy or private school shall report to the Commissioner of Education annually, on or before the first day of August, such statistics relating to such institution, seminary, academy or school as said Com- missioner of Education may require, and in the manner and form prescribed by him; provided, that no report concerning the expenses or finances of such seminary, academy or private school shall be required; and pro- vided further, that no report of any seminary, academy or private school shall be published or made public by the Commissioner of Education. 23. (18.) The Commissioner of Education shall pre- pare and cause to be printed forms for making all re- ports and conducting all proceedings under the school laws of this State. He shall cause all school laws to be printed in pamphlet form, and shall annex thereto forms for making reports and conducting school busi- ness, and shall distribute the same. 24. (19.) The Commissioner of Education shall pre- sent to the State Board of Education annually, at its meeting in December, a report of the condition of the public schools and of all the educational institutions re- ceiving support or aid from the State. Such report shall contain full statistical tables of all items connected with the cause of education that may be of interest to school officers or the people of the State, together with such suggestions and recommendations for the improvement of the schools and the advancement of public instruction as he shall deem expedient. 25. (20.) The Commissioner of Education and the assistant Commissioners (a) shall, without charge, ad- minister oaths and take affidavits concerning any matter relating to the schools. (a) See section 9. SCHOOL LAW. 17 26. (21.) The Commissioner of Education shall, at the expiration of his term of office, deliver to his succes- t. cces80r - sor his official seal, together with all the property, books, documents, maps, records, reports and other papers be- longing to his office. ARTICLE III. COUNTY SUPERINTENDENTS. 27. (22.) The State Board of Education shall appoint for each county a suitable person to be the County Super- indent". intendent of Schools of that county, who shall hold Term of office for the term of three years from the date of his appointment and until his successor shall have been ap- pointed as aforesaid, unless sooner removed for cause by said board. No person shall be appointed as County |jj[jJJ hold Superintendent of Schools unless he shall hold a State Certificate. teacher's certificate. 28. (23.) The yearly salary of a County Superin- f al i7i 905 , tendent of Schools shall be two thousand dollars. Such $'&& salary shall be paid in equal monthly installments, and the State Comptroller shall, on the order of the Commis- sioner of Education, draw his warrant for such salary on the State Treasurer in favor of such County Superin- tendent of Schools. 29. (24.) A County Superintendent of Schools shall Expenses receive, in addition to his salary, the actual expenses in- f^on, curred by him in the performance of his official duties, I9 3> which expenses shall be paid by the collector of the county on the order of the Commissioner of Education ; provided, that no such order shall be drawn in favor Proviso. of any County Superintendent of Schools until he shall have furnished to the State Board of Education an item- ized statement, certified under oath or affirmation, of the expenses he has incurred, nor unless he shall have, during the period in which such expenses have been 2 s L i8 SCHOOL LAW. Proviso. Powers of county super- intendent. Ibid. Take affidavits. Issue orders for school moneys. Supervise schools. Appoint members of board of education in certain cases. incurred, faithfully performed all the duties imposed upon him by this act and by the rules and regulations of the State Board of Education; and provided further, that in no case shall the expenses aforesaid exceed three hundred and fifty dollars annually. Payment of such expenses shall be made quarter-yearly. 30. (25.) A County Superintendent of Schools shall have power: I. To administer, without charge, oaths or affirma- tions to teachers and school officers. II. To issue orders on the County Collector in favor of the custodian of the school moneys of the several school districts in said county for that portion of the State school tax, the State appropriation, and the in- terest of the surplus revenue to which each of said school districts shall be entitled. III. To exercise general supervision over the public schools of the county under his charge in accordance with the rules and regulations prescribed from time to time by the State Board of Education; to visit and examine all the schools under his care; to inquire into the management, methods of instruction and discipline in such schools; to note the condition of the school- houses, sites, buildings and appurtenances; to examine the courses of study, text-books and school libraries ; to advise with and counsel boards of education in relation to their duties, particularly in respect to the construc- tion, heating, ventilating and lighting of schoolhouses, and to recommend to boards of education and teachers proper studies, methods, discipline and management for the schools. IV. To appoint members of the board of education for a new township, incorporated town or borough school district and for any school district under his supervision which shall fail to elect members at the regular time. Such appointees shall serve only until the next election in the district for members of the board of education. SCHOOL LAW. 19 31. (26.) Each County Superintendent of Schools shall render annually, on or before the first of September, ] to the Commissioner of Education, in the manner and form prescribed by him, a report of such matters relat- ing to the schools under his supervision as shall be re- quired by said Commissioner of Education. 32. (27.) The superintendents, district clerks and the custodians of school moneys of the several school dis- ] tricts shall annually, on or before the first day of August, report to the County Superintendent of Schools, in the manner and form prescribed by the Commissioner of Education. 33. (28.) Whenever a superintendent of schools shall f f up c e f t ; ision be appointed in any city school district, the supervision fb?d ls ' of the schools of such district shall devolve upon such superintendent and not upon the County Superintendent of Schools. 34. ( i . ) The Board of Chosen Freeholders' of each gt y f super- county of this State shall provide an office of suitably furnished rooms at the county seat for the use of the Chap> 232> County Superintendent of Schools, in which office shall be kept the school records of the county for the use of the county and State Departments of Public Instruction, the United States Bureau of Education and the United States Commissioner of Education, said office to be kept open to the public the same as other county offices. 35. (2.) A sum not exceeding six hundred dollars shall be appropriated annually by said Board of Chosen ibid ndent ' Freeholders and paid quarter-yearly to the County Superintendent of Schools toward the expenses incurred for a clerical assistant in said office. The clerical assist- ant shall be selected and appointed by the County Super- intendent. 2O SCHOOL LAW. ARTICLE IV. BOARD OF EXAMINERS. State ex- aminers. P. L. 1903. special session. County ex- aminers. P. L. 1906, p. 681. Qualifica- tions. Vacancies. Duties. Compensa- tion. 36. (29.) There shall be a State Board of Examiners, consisting of the Commissioner of Education, the Prin- cipals of the State Normal Schools and one person to be appointed by the State Board of Education. Said last-named person shall hold office for one year from date of his appointment as aforesaid. The member of said State Board of Examiners appointed by the State Board of Education shall hold a first-grade State cer- tificate, or shall be a graduate of a college or university. He shall receive for his services, in addition to traveling expenses, such compensation as may be fixed by the State Board of Education, not to exceed ten dollars for each meeting of said Board of Examiners. Said board shall hold examinations of teachers, grant State certifi- cates to teach and revoke the same under rules and regulations prescribed by the State Board of Education. 37. (30.) There may be in each county a County Board of Examiners consisting of the County Superin- tendent of Schools, who shall be its chairman, and a num- ber of teachers not to exceed three, to be appointed by him, who shall hold office for one year from the date of their respective appointments. No person shall be ap- pointed as a county examiner unless he or she shall hold either a state or a first-grade county certificate. The County Superintendent of Schools shall fill vacancies that shall occur from absence or other cause. Said County Board of Examiners shall conduct examinations and grant certificates to teach at such times and under such rules and regulations as the State Board of Education may prescribe. It shall meet at such places as may be designated by the chairman. Each member of said board of examiners, except the County Superintendent of Schools, shall receive for his or her services, in addition SCHOOL LAW. 21 to traveling expenses, such compensation as may be fixed by the State Board of Education, not to exceed twenty- five dollars for each regular examination, which compen- sation shall be paid by the County Collector on the order of the County Superintendent of Schools ; provided, that Proviso, whenever said board shall hold a special examination no compensation therefor shall be paid by the County Col- lector, but in such case said board may charge each appli- cant for examination a fee not to exceed two dollars as compensation for services for such examination. 38. (31.) If any school district shall maintain a Nor- District no J mal school mal School or a training school for teachers, which p 1 ^*^,, school shall have been approved as to its course of study ciiap - i82 - by the State Board of Education, then the diplomas or certificates issued to pupils of any such school upon grad- uation therefrom may be accepted by the State Board of Examiners as certificates to teach valid for the schools of such school district. ARTICLE V. SCHOOL DISTRICTS. 39. (32.) Each township, city, incorporated town School dis- tricts, how and borough shall be a separate school district, but each constituted. incorporated village shall remain and be a part of the school district in which said incorporated village shall be situate at the time of its incorporation, (a) 40- (33-) Whenever a new school district shall be J^J districts - created, the children residing in said new district shall continue to attend the schools in which they shall be en- rolled until the end of the then current school year. In case there shall be a schoolhouse in such new district in which school shall be then maintained the board of edu- cation of the school district from which such new district (a) See foot-note to section 114. 22 SCHOOL LAW. Custodian to certify balance of money. Division of balance. Titles to school property. Obligations assumed by new district. shall have been set off shall have charge and control of such school until the end of the then current school year, and shall pay the salaries of the teachers, janitors and other persons employed in such school until the end of said year. In case there shall be any balance at the end of said school year in the hands of the custodian of the school moneys of the school district to the credit of the school district from which said new district shall have been set off, said custodian shall certify to the County Superintendent of Schools the amount of such balance, and what portion of such balance was received from state appropriation, state school tax and interest of the surplus revenue, and what portion was received from district school tax. Said County Superintendent of Schools, upon receipt of such notice, shall divide between said districts that portion of the balance arising from the state appropriation, state school tax and inter- est of the surplus revenue on the basis of the aggregate number of days attendance of pupils in the public schools as ascertained from the last published report of the Com- missioner of Education, and shall divide between said districts that portion of said balance arising from dis- trict school tax on the basis of the respective ratables of said districts, and shall issue an order in favor of the custodian of the school moneys of such new district for that portion of said balance found to be due said district from the district from which it shall have been set off. 41. (34.) In any new school district the board of education, in its corporate capacity, shall become vested with the title to all school property, real and personal, in such district, and if, for the erection, repair or purchase of any such property, there shall be an indebtedness for which the board of education of the school district to- which said property originally belonged shall be liable, the said indebtedness shall be assumed by and become the obligation of the board of education of the school district which shall have become vested with the title SCHOOL LAW. 23 to such property, and upon payment of said indebted- ness by the school district originally liable therefor, an action may be maintained therefor by the board of edu- cation so paying the said indebtedness against the board of education of the school district which shall have become vested with the property for which the said in- debtedness was originally incurred, (a) 42. (35.) In case any municipality or any part there- ^/Yn'debted- of shall have been annexed to another municipality and JJ?J; there shall be within the limits of such municipality, or such part thereof as shall have been annexed to another municipality as aforesaid, any schoolhouse or property formerly belonging to the board of education of the school district situate in such municipality, and for the erection, purchase, furnishing or repair of which there shall be an indebtedness for which the board of educa- tion of such school district shall be liable, the said in- debtedness shall be assumed by and become the obliga- tion of the board of education of the school district situate in the municipality to which such municipality shall have been annexed. 43. (36. ) Whenever the board of education of a school Repayment, district situate in any municipality shall pay any portion of an indebtedness existing at the time of the formation of a new municipality, or at the time of the annexation of such municipality, or part thereof, to another munici- pality as aforesaid, which indebtedness shall have been assumed by and shall have become the obligation of the board of education of the school district situate in such new municipality, said last-mentioned board shall repay (a) When a new borough is formed and set off from a township and be- comes a separate school district, and there is within the limits of the borough a school-house belonging to the board of education of the township, and for the erection of which there is an indebtedness for which said board is liable, the said board is not thereby discharged from its legal liability to pay such indebtedness, but on being compelled by suit and judgment at law to pay the same is entitled to collect the sum so paid from the board of education of the borough. McCully v. Board of Education, 34 Vr. 18; Wooley v. Hendrickson, 44 Vr. 14. SCHOOL LAW. Length of school term. Ibid. Proviso. Proviso. City school boards. P. I,. 1911, Chap. 233. Terms. Vacancies. to the board of education of said first-mentioned school district the amount of said payment, with interest. 44. (37.) The State appropriation and the State school tax shall not be apportioned in any year to any dis- trict which shall not have maintained a public school for at least nine months during the preceding school year ; provided, that the Commissioner of Education may, for good cause shown, remit said penalty; and provided further, that said appropriation and said State school tax shall be apportioned to a new district, or to a dis- trict in which the school shall have been discontinued on account of the repairing of an old or the erection of a new school building. ARTICLE VI. CITY SCHOOL DISTRICTS. 45. (38.) In each city, other than those cities where boards of education now consist of less than nine mem- bers each, the mayor or other chief executive officer of said city shall, during the month of January next after the passage of this act, appoint nine persons to be mem- bers of the Board of Education of such school district, who shall severally possess the qualifications for mem- bership described in this article. In making the first appointment the mayor, or the chief executive officer, shall appoint three of such persons to serve for one year, three for two years and three for three years, and annually thereafter, during the month of January, the said mayor or other chief executive officer of such city shall appoint members of the said Board of Educa- tion to serve for the term of three years to take the place of those members whose terms shall expire with such year. Any vacancy in such Board of Education shall be forthwith reported by the secretary of said board to the mayor or other chief executive officer, who shall, within thirty days thereafter, appoint a person to fill such vacancy for the unexpired term. To every such SCHOOL LAW. 25 appointee as aforesaid, said mayor or other chief exe- cutive officer shall issue and deliver a certificate of of er ap fi po a nf- r appointment. The term of office of a member of the Board of Education, except a member appointed to fill an unexpired term, shall begin on the first day of Feb- Febary g ist s ruary next succeeding his appointment. In any town- ^erln 6 ship, school district, incorporated under the provisions * of article six, for the purposes named in this section, the chairman of the township committee shall be deemed and taken to be the chief executive officer, (a) 46. (2.) The terms of office of all members of boards of education in school districts of cities which are affected Ibid - by this act, and in districts which adopted article six of the act to which this is an amendment, shall expire on the thirty-first day of January next after the passage of this act. 47. (41.) A member of a board of education in a city school district shall be a citizen and resident of the LJr.i I9 3 ' territory contained in said school district, and shall have been such citizen and resident for at least three years immediately preceding his or her becoming a member of such board, and shall be able to read and write. He shall not be interested, directly or indirectly, in any contract with or claim against said board. 48. (42.) A member of such board of education shall, before entering upon the duties of his office, take and subscribe an oath before any officer authorized by law to administer oaths, that he possesses the qualifications to be a member of said board prescribed therefor by this article, and that he will faithfully discharge the duties of his said office. Said oath shall be filed with the city clerk of the city.(fr) 49. (43.) A member of such board of education who Removal shall fail to attend three consecutive regular meetings attendance of said board without good cause may be removed by said board. The vacancy thus created shall be filled in (a) See section 281. (&) See foot-note to section 94. 26 SCHOOL LAW. No compen- sation. Ibid. Body cor- porate ; seal. Ibid. Organization of board of education. Ibid. May sue, purchase, etc. Ibid. Condemn land for school purposes. School property vested in board of education. Ibid. Title to school property in board of education. IbM the same manner as other vacancies in the board of edu- cation shall be filled. 50. ( 44. ) A member of such board of education shall receive no compensation for his services. 51. (45.) A board of education in a city school dis- trict shall be a body corporate, and shall be known as and called "the Board of Education of in the county of ," and shall adopt an official seal. 52. (46.) On the day the term of office of the mem- bers- first appointed or elected as provided in section thirty-eight shall begin, and annually at the first regular meeting of the board of education on or after the first day of January, said board shall organize by electing one of its members as president and another as vice-presi- dent, which officers shall serve for one year and until their respective successors shall be elected. 53. (47.) Such board shall, in and by its corporate name, sue and be sued, purchase, lease, receive, hold and sell property, real and personal, take and condemn land and other property for school purposes in the manner provided by law regulating the ascertainment and pay- ment of compensation for property condemned or taken for public use. If either party shall feel aggrieved by any proceedings and award thereunder, said party may appeal in the manner provided by law for appeals from such proceedings and award. It shall do all acts and things necessary for the lawful and proper conduct and maintenance of the public schools of its school district. 54. (48.) Such boards shall succeed to and be vested with all the property of every kind, and all the rights and privileges, not inconsistent with the provisions of this act, theretofore vested in or possessed by any board of education, school commissioners, or other body there- tofore having charge and control of the public schools or public school property of the school district or of the city in which said district shall be situate. 55. (49.) The title to school property, real and per- sonal, previously acquired by said school district, or by SCHOOL LAW. 27 any antecedent board of education, school commission- ers, or by any other body for school purposes in said school district, or in the city in which the said district shall be situate, or by any body in such city, and the title to all lands, buildings and other property to be hereafter acquired for school purposes in said school district shall vest in the board of education in said district incor- porated under the provisions of this article. 56. (50.) Every such board shall have the super- vision, control and management of the public schools and Ibid - public school property in its district, and shall keep such property insured. It shall appoint a person to be its secretary, and may appoint a superintendent of schools, a secretar y- etc - business manager and other officers, agents and em- ployes as may be needed, and may fix their compensa- tion and terms of employment, (a) but no such appoin- tee, officer, agent or employe, other than the secretary, shall be a member of said board. 57. (51.) Such board shall make, amend and repeal rules, regulations and by-laws not inconsistent with this act or with the rules and regulations of the State Board of Education, for its own government, for the trans- action of business, and for the government and manage- ment of the public schools and the public school property in said district, and also for the employment and dis- charge of principals and teachers, (b) 58. (52.) Such board of education shall, prior to the J8S! 8 for beginning of each school year, cause advertisement to lblf Schools, appoint assist- ant superintendents and shall fix their salaries. Assistant superintendents may be removed by a majority vote of all the members of said board. 72. (66.) No person shall hereafter be appointed superintendent of schools, or assistant superintendent under the provisions of this article unless he shall hold a State teacher's certificate. 73. (67.) The Superintendent of Schools shall, when required by the Board of Education, devote himself ex- clusively to the duties of his office. He shall have gen- eral supervision over the schools of the district and shall examine into their condition and progress and re- port thereon from time to time as directed by the Board of Education. He shall have such other powers and perform such other duties as may be prescribed by said board. He may appoint and remove clerks in his office, but the number and salaries of such clerks shall be de- termined by said board. Said superintendent shall render annually, on or before the first day of August, to the Commissioner of Education, and in the manner and form prescribed by him, a report of such matters relating to the schools under his supervision as shall be required by said Commissioner of Education. 74. (68.) No principal or teacher shall be appointed, transferred or dismissed, nor the amount of his or her salary fixed; no school term shall be determined, nor shall any course of study be adopted or altered, nor text- books selected, except by a majority vote of the whole number of members of the board of education, (a) (a) See sections 116 and 126. SCHOOL LAW. 33 75. (69.) The superintendent of schools may, with the approval of the president of the board of education, sus- pend any assistant superintendent, principal or teacher, and shall forthwith report such suspension to the board of education, which board shall take such action for the restoration or removal of such assistant superintendent, principal or teacher as it shall deem proper; provided, Proviso that such action shall be by a majority vote of all the members of said board. 76. (70.) Wherever a business manager shall be ap- pointed it shall be by a majority vote of all the members ] of the board of education. He shall receive such salary Salary. as said board shall determine. He shall, before entering Bond. upon the duties of his office, execute and deliver to the board of education a bond in a sum to be fixed by said board, but not less than two thousand dollars, with surety or sureties to be approved by said board, condi- tioned for the faithful performance of the duties of his office. Said board may accept the bond or undertaking of a trust company, surety or indemnity company and may pay the annual premium or fee therefor as a cur- rent expense of said board. Said business manager may, by a majority vote of all the members of the board of education, be removed from office. He shall have a seat in said board, and the right to speak on all matters relating to his department, but shall not have the right to vote. 77. (71.) The business manager shall have charge ^ n e e s s f and care of the public school buildings, and all other nSdf ger ' property belonging to the school district. He may ap- point and remove clerks in his office, but the number and salaries of such clerks shall be determined by the board of education. 78. (72.) All plans and specifications for the erection, P1 u ans f school-houses improvement or repair of public schoolhouses shall be drawn by or under the supervision of the business man- ager, if there be one, and shall be approved by the Board 3SI, 34 SCHOOL LAW. Proviso. Inspection Board of school estimate. P. L. 1907, Chap. 276. of Education. Said business manager, if there be one, shall supervise the construction and repair of all school buildings, and shall report monthly to the Board of Education the progress of the work; provided, that re- pairs not exceeding the sum of one hundred dollars may be ordered by the business manager, and repairs not exceeding the sum of five hundred dollars may be ordered by the committee of the board having charge of the repair of school property, without the previous order of the board, and without advertisement. The business manager, if there be one, shall superintend all advertisements for bids and the letting of all con- tracts. He shall inspect all work done and materials or supplies furnished under contract, and shall, subject to the approval of the Board of Education, condemn any work and reject any material or supplies which, in his judgment, do not conform to the specifications con- tained in the contract therefor, and shall perform such other duties as may be required by the Board of Edu- cation, (a) 79. (73-) In every city school district the Board of Education shall appoint two of its members, and the common council, board of finances or other body in such city having the power to make appropriations of money raised by taxes in said city, shall appoint two of its mem- bers, and the four persons so appointed, together with the mayor or other chief executive officer of the city, shall constitute a board to be known as the "Board of School Estimate" of said school district. Said appointments shall be made annually during the month of January. In case of any vacancy occurring in any such Board of School Estimate by reason of the resignation, death or removal of any member thereof, such vacancy shall be immediately filled by the body which originally ap- (a) i. The provisions of the Mechanics' I^ien law apply to school districts. 7 Dickinson 689. 2. See sections 128 and 129. SCHOOL LAW. 35 pointed such member, appointing another of its mem- bers to fill such vacancy. The Secretary of the Board of Education shall be the Secretary. Secretary of the Board of School Estimate, but shall receive no compensation as such. 80. (74.) On or before the fifteenth day of May in gJSS^ b each year, the Board of Education of such city school educat? f n. district shall prepare and deliver to each member of said Board of School Estimate an itemized statement of the amount of money estimated to be necessary for the current expenses of and for repairing and furnishing the public schools of such district for the ensuing school year, and also the amount which shall have been apportioned to such district by the county superintend- ent. 81. (75.) Between the fifteenth day of May and the Appropriations first day of June in each year said Board of School Esti- ibid 1 mate shall fix and determine the amount of money necessary to be appropriated for the use of the public schools in such district for the ensuing school year, exclusive of the amount which shall have been appor- tioned to it by the County Superintendent of Schools. Said Board of School Estimate shall, on or before the Certificates. last named date, make two certificates of said amount, signed by at least three of the members of said board, one of which certificates shall be delivered to the board of education of said school district, and the other to the common council, board of finance or other body in the city having the power to make appropriations of moneys raised by taxes in such city. Said common A PP ropria- council, board of finance or other body shall, upon receipt of said notice, appropriate in the same manner as other appropriations are made by it the amount so certified as aforesaid, and said amount shall be assessed, levied and collected in the same manner as moneys ap- propriated for other purposes in such city shall be assessed, levied and collected; provided, that any p rov iso. SCHOOL LAW. Proviso. Appropria- tions for land and buildings. P. I,. 1904, Chap. 40. Statement to be given to each member of board of estimate. Appropria- tion, how made. May borrow on "school bonds." amount in excess of three- fourths of one per centum of the taxable valuation of the real and personal prop- erty shall be appropriated only with the concurrence and consent of said common council, board of finance or other body, expressed by its resolution duly passed; and provided further, that if the charter of the city shall limit the amount of tax or the rate of taxation in such city, so that the purposes of this section can- not be carried out, or shall otherwise by its terms pre- vent the carrying out of said purposes, said charter limitations shall be hereafter held not to apply to the raising of money under the provisions of this section. 82. (76.) Whenever a city board of education shall decide that it is necessary to raise money for the pur- chase of lands for school purposes, or for erecting, en- larging, repairing or furnishing a schoolhouse or school- houses, it shall prepare and deliver to each member of the Board of School Estimate of such school district a statement of the amount of money estimated to be necessary for such purpose or purposes ; said Board of School Estimate shall fix and determine the amount necessary for such purpose or purposes, and shall make two certificates of such amount, one of which certifi- cates shall be delivered to said board of education, and the other to the common council, board of finance or other body in the city having the power to make ap- propriations of money raised by tax in such city; said common council, board of finance or other body may appropriate such sum or sums for such purpose or pur- poses in the same manner as other appropriations are made by it, and said sum or sums shall be raised, as- sessed, levied and collected at the same time and in the same manner as moneys appropriated for other purposes in such city are raised, assessed, levied and collected; or said common council, board of finance or other body may appropriate and bor- row such sum or sums for the purpose or purposes aforesaid, and may secure the repayment of the sum or SCHOOL LAW. 37 sums so borrowed, together with interest thereon at a rate not to exceed five per centum per annum, by the issue of bonds in the corporate name of such city; bonds so issued shall be designated "school bonds;" may be registered or coupon or both, of such denominations as the common council, board of finance or other board may determine, and shall be made payable in not more than fifty years from the date thereof; they shall be sold at public or private sale and not for less than par and accrued interest, and such city shall in its annual tax levy raise money sufficient to pay the interest on said bonds, together with at least one per centum per annum of the principal thereof, to provide a sinking fund for the retirement of said bonds at maturity; or in lieu of providing for a sinking fund for the retire- f^ ng ment of said bonds at maturity, the bonds may be so issued that a stated equitable amount of them (in value), having regard to other school bonds already issued, shall become payable in each year, beginning not more than ten years from date of the earliest issue and ending in not less than forty years from such date, and in such case there shall be raised by tax in each year such sum of money as may be necessary to pay the interest on all outstanding bonds and the principal of such bonds as may mature during that year; the pro- ceeds of the sale of such bonds shall be deposited with the custodian of school moneys of such school district and shall be paid out only on the warrants or orders of the Board of Education; provided, that the total Proviso, amount of bonds for the purposes named in this sec- tion, including bonds theretofore issued for such pur- poses, and not redeemed, shall not exceed at any one time a sum equal to three per centum of the taxable valuation of the real and personal property in such city ; provided further, that if the charter of the city shall proviso, limit the amount of indebtedness in such city, or shall by its terms prevent the carrying out of the provisions of SCHOOL LAW. Township committee given power to carry into effect sections 73-76, P. L. 1911, Chap. 209. Township committee to certify to assessor amount fixed by board of school estimate. Ibid. this section, said charter provisions shall be hereafter held not to apply to the issuing of bonds under the pro- visions of this section, (a) 83. (i.) Whenever any township shall have accepted the provisions of Article VI. of the act to which this act is a supplement, as provided in section two hundred and forty-three of said act, the township committee of such township shall, for the purpose of carrying into effect the provisions of sections seventy-three, seventy- four, seventy-five and seventy-six of said act, be deemed and taken to be a body having the power to make appro- priations of money raised by taxes, and the president or chairman of such committee shall be deemed and taken to be the chief executive officer of such township. 84. (2.) The township committee of such township, upon the receipt of the certificate as provided in sec- tion seventy-five of the act to which this act is a supple- ment, shall certify to the assessor and collector of such township the amount of money fixed and determined by the Board of School Estimate as necessary to be appropriated for the use of the public schools in such township for the ensuing school year, exclusive of the amount apportioned to it by the County Superintendent of Schools, and the said amount shall be assessed, levied and collected in the same manner as moneys appropriated for other purposes in such township shall (a) A resolution of a board of school estimate fixing and determining the amount of money necessary for the erection of a school house at the sum of $175.000, "on the condition that a school building containing twenty units shall be erected," is not such a determination as is required by section 76. Board of Education of Montclair v. Town Council of Montclair, 47 Vr. 59. Under section 76 of the School law, when the board of school estimate has fixed and determined the amount necessary for the purchase of land and erection of a school-house, it is mandatory upon the body having the power to make appropriations of money raised by tax, to cause the amount to be raised by tax, or to borrow the same and secure its repayment by the issue of bonds. Montclair v. State Superintendent, 48 Vr. 68. When the body having power to make appropriations of money raised by tax fails to provide for the amount fixed and determined by the board of school estimate, a controversy has arisen under the school laws, and the remedies by appeal to the State Superintendent of Public Instruction and the State Board of Education must be exhausted before recourse is had to the courts. Ibid. SCHOOL LAW. 39 be assessed, levied and collected; provided, that any proviso, amount in excess of three-fourths of one per centum of the taxable valuation of the real and personal prop- erty shall be assessed, levied and collected only with the concurrence and consent of the township committee. 85. (3.) The township committee of such township, upon the receipt of the certificate as provided in section seventy-six of the act to which this act is a supplement, may certify to the assessor and collector of such town- schooi f ship the sum or sums fixed and determined by the Board ibid? 8 ' of School Estimate for the purposes named in said section, and the sum or sums so certified shall be assessed, levied and collected at the same time and in the same manner as moneys appropriated for other pur- poses in said township are assessed, levied and collected ; or such township committee may borrow such sum or sums and may secure the repayment of the sum or sums so borrowed, together with interest thereon at a rate not to exceed five per centum) per annum, by the issue of bonds in the corporate name of the township in the manner and subject to the limitations as provided in said section. Such township committee shall annually certify to the assessor and collector of such township the amount of money necessary to pay the principal and interest on bonds falling due during the ensuing year, and the amount so certified shall be assessed, levied and collected at the same time and in the same manner as moneys for other purposes in such township are assessed, levied and collected. ARTICLE VII. TOWNSHIP, INCORPORATED TOWN AND BOROUGH SCHOOL DISTRICTS. 86- (77-) In eac h township, incorporated town and Boards of borough school district, there shall be a board of educa- t chosen. P. Iv. 1903, tion consisting of nine members, except as hereinafter Spe 9 ial SCHOOL LAW. Vacancy. Number of trustees may be reduced. P. L. 1904, Chap. 28. If number to be five. If number to be three. provided; three members of such board shall be chosen at each annual school meeting and shall hold office for the term of three years. In case there shall be a vacancy in a board of education, such vacancy shall be filled at the next annual meeting after such vacancy occurs, and the person elected to fill such vacancy shall be elected for the unexpired term only. 87. (78.) If the board of education in any school dis- trict created under thfc provisions of this article shall deem it for the best interests of the schools that the num- ber of members constituting said board shall be reduced, the district clerk, when directed by said board, shall in- sert in the call for the next annual school meeting a notice that it will be determined at said meeting whether the number of members of the board o(here insert the name of the municipality in which was situate that dis- trict consolidated as aforesaid which had the larger amount of taxable property as ascertained from the last published report of the State Comptroller), in the county of - -"(0) 115. (i.) Whenever in this State any township, incor- ^f c r h ic j oted porated town or borough school district has heretofore p ri c r n t s olidate been consolidated with an adjoining township, incor- porated town or borough school district, by an election of the legal voters of said township, incorporated town P.L. 1904, Chap. 11. (a) The fact that the teacher was employed by the trustees of a district which was subsequently consolidated with another district will not bar his right to recover, the new district having become entitled to all the property, rights and assets of, and liable for all just claims against both districts. Sprout v. Smith, u Vr. 314. 60 SCHOOL LAW. or borough school districts, so that at the time of the passage of the act to which this act is a supplement the same formed one combined or consolidated school dis- trict, and the legal voters of said district have not, since said time, rejected a proposition to confirm or continue such consolidation at an election called for that pur- pose, and said district has been, since the passage of said act, maintained and governed as one consolidated school district, such district shall hereafter continue to exist as a single consolidated school district in the same manner as though the said act had not been passed, and in the same manner as though said consolidated school district had been erected by an election of the legal voters of said district held in pursuance of section one hundred and three of said act. (a) 116. ( i.) Where any school district of this State shall prior to the passage of the act to which this is a supple- ment, have issued bonds for the erection of a graded or high school building therein, and at the time of the issuing of such bonds and the erection of such building, such district shall have comprised the territory of two adjoining municipalities, the voters- of which shall have joined or participated in the election authorizing the issue of the bonds of such district for such purpose, and such district shall have at the time of the passage of said act been governed as a consolidated district, such school district shall continue to be governed as a consolidated district in the same manner as though such consolidation had been effected in the manner provided by the act to which this is a supplement, and the bonds so as aforesaid (a) i. The act of March 4th, 1904, which declares certain consolidated school district then existing de facto should continue to exist as consolidated school districts, notwithstanding provisions to the contrary in the General School law, is not unconstitutional, even though special and local, it being in effect an act merely for establishing school districts, and not an act regulating and governing them, nor providing for the management and sup- port of the free public schools therein. Howe v. Board of Education, 43 Vr. 158. 2. The legislature may, by special act, create school districts, leaving their government and the maintenance and support of the public schools therein to be regulated by general laws enacted in that behalf. Ibid. SCHOOL LAW. 61 issued shall be deemed to have been and shall continue to be a lien upon the inhabitants and property of the mu- cipalities comprising such school district at the time of the issue thereof, notwithstanding the passage of the act to which this is a supplement. ARTICLE VIII. TEACHERS. 117. (106.) A Board of Education may make rules Rules for ' < J employment and regulations governing the engagement and employ- , teachers, ment of teachers and principals, the terms and tenure of ^^ such employment, and the promotion and dismissal of such teachers and principals, the salaries, and the time and mode of payment thereof, and may from time to time change, amend or repeal such rules and regulations. The employment of any teacher by such board, and the rights and duties of such teacher with respect to such employment, shall be dependent upon and shall be gov- erned by the rules and regulations in force with refer- ence thereto. If a Board of Education shall not have Contract with teacher. made rules and regulations as aforesaid, then no con- tract between such Board of Education and a teacher shall be valid unless the same be in writing, or partly written and partly printed, in triplicate, signed by the president and district clerk or secretary of the Board of Education and by the teacher. One copy thereof shall be filed with the Board of Education, one copy with the teacher and one copy with the County or City Superintendent. Such contract shall specify the date when such teacher shall begin teaching, the kind and grade of certificate held by said teacher, and the date when said certificate will expire, the salary, and such other matter as may be necessary to a full and complete understanding of the same. In every such contract, un- School less otherwise specified, a month shall be construed and taken to be twenty school days or four weeks of five 62 SCHOOL LAW. school days each. The salary specified in every such contract shall be paid in equal monthly installments, not later than five days after the close of each month while the school shall be in session. Any contract or engage- ment between a Board of Education and a teacher shall cease and determine and be of no effect against said board whenever said board shall ascertain by notice in writing received from the County or City Superintend- ent, or otherwise, that said teacher is not in possession of a proper teacher's certificate in full force and effect, not- withstanding the term or engagement for which such contract shall have been made may not then have ex- pired. The Commissioner of Education shall prepare and distribute blanks for contracts between Boards of Education and teachers, (a) 118. (107.) In case the dismissal of any teacher be- fore the expiration of any contract entered into between such teacher and a Board of Education shall, upon ap- peal, be decided to have been without good cause, such teacher shall be entitled to compensation for the full term for which said contract shall have been made ; but it shall be optional with the Board of Education whether such teacher shall or shall not teach for the unexpired term.(fr) (a) The employment of teachers by school corporations is an act judicial in its character, and should be done at a meeting of the trustees of which all should have notice, and in which all have an opportunity to participate. Townsend v. School Trustees, 12 Vr. 312. (b) i. A school teacher who has rendered services according to the require- ments of the School law, and is refused compensation out of the fund specially provided for that purpose, is entitled to a mandamus to compel the proper officers to perform their duty, and to make payment of what is justly due. Apgar v. School Trustees, 5 Vr. 308. 2. In an action brought by a teacher to recover of the trustees of a school district for services as a teacher, an objection that the plaintiff was not the holder of a proper teacher's certificate in full force and effect cannot be made after the evidence is closed and the cause is being summed up. Sproul v. Smith, ii Vr. 314. 3. A school teacher who has litigated successfully before the State Super- intendent the controverted questions upon which her right to compensation depends is entitled to a writ of mandamus to enforce a decision in her favor. Thompson v. Board of Education, 28 Vr. 628. 4. In such a case the only burden upon the relator is to show that the jurisdiction of the State Superintendent extended over the parties in con- troversy. 5. See foot-notes to sections is and 114. 6. See section 127. SCHOOL LAW. 63 119. ( 108.) If a teacher employed by a Board of Edu- f^ for cation shall leave the school before the expiration of the term of his or her employment, without the consent of the Board of Education, said teacher shall be deemed guilty of unprofessional conduct, and the Commissioner of Education is authorized, upon receiving notice of such fact, to suspend the certificate of such teacher for a period not exceeding one year. 120. (109.) Every teacher in a public school shall Keep keep a school register in the manner provided therefor, ^fl ster and no salary shall be paid to such teacher until the dis- trict clerk or other officer or person authorized to deliver the check, order or warrant for such salary shall ascer- tain that such register has-been properly kept for the time for which salary is demanded, and shall enter upon said register a certificate to that effect. The check, order or warrant for the balance of salary due any teacher at the time of closing the school for the summer vacation, or of leaving the school before the end of the school year, shall not be delivered to such teacher until the district clerk or other officer authorized to deliver such check, order or warrant shall have received written notice from the County or City Superintendent that such teacher has filed with him his or her annual report on the blank furnished for that purpose by the Commis- sioner of Education; provided, that in any school in Proviso which more than one teacher shall be employed the principal thereof shall furnish such report. 121. (no.) No teacher shall be required to teach school on any day declared by law to be a public holiday, and no deduction from a teacher's salary shall be made by reason of the fact that a school day happens to be a day declared by law to be a public holiday. Any con- tract made in violation of this section shall have no force or effect as against a teacher. 122. (in.) A teacher shall hold every pupil account- able in school for disorderly conduct on the way to or from school, or on the playgrounds of the school, or SCHOOL LAW. Proviso. Proviso. Corporal punishment forbidden. Ibid. Certificate necessary. Ibid. Religious exercises. Ibid. Exemption from jury duty. Ibid. Tenure per- manent after three years. P. L. 1909, Chap. 243. Proviso. during recess, and shall suspend from school any pupil for good cause ; provided, that such suspension shall be reported forthwith by the teacher to the Board of Edu- cation; provided further, that in any school in which more than one teacher shall be employed the principal alone shall have the power to suspend a pupil. 123. (112.) No principal, teacher or other person em- ployed or engaged in any capacity in any school or edu- cational institution, whether public or private, shall in- flict or cause to be inflicted corporal punishment upon any pupil attending such school or institution, and every resolution, by-law, rule, ordinance or other act of author- ity heretofore or hereafter passed, adopted, approved, made or given by any person or persons whomsoever, natural or artificial, permitting or authorizing corporal punishment to be inflicted upon any pupil attending or that may attend any school or educational institution shall be henceforth void and of no force or effect. 124. (113.) No teacher shall be entitled to any salary unless such teacher shall be the holder of an appropriate teacher's certificate, (a) 125. (114.) No religious service or exercise, except the reading of the Bible and the repeating of the Lord's Prayer, shall be held in any school receiving any por- tion of the moneys appropriated for the support of public schools. 126. (115.) No teacher shall be required to serve on any jury in this State while his school be in session. 127. ( i . ) The service of all teachers, principals, super- vising principals of the public schools in any school dis- trict of this State shall be during good behavior and efficiency, after the expiration of a period of employ- ment of three consecutive years in that district, unless a shorter period is fixed by the employing board; pro- vided, that the time any teacher, principal, supervising principal has taught in the district in which he or (a) See Article IV. SCHOOL LAW. she is employed at the time this act shall go into effect, shall be counted in determining such period of employ- ment. No principal or teacher shall be dismissed or subjected to reduction of salary in said school district except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause, and after a written charge of the cause or causes shall have been preferred against him or her, signed by the person or persons making the same, and filed with the secretary or clerk of the Board of Education having charge of the school in which the service is being rendered, and after the charge shall have been examined into and found true in fact by said Board of Education, upon reasonable notice to the person charged, who may be represented by counsel at the hearing. Charges may be filed by any person, whether a member of said school board or not. 128. (2.) Said Board of Education shall have power to issue writs of subpoena on behalf of either party to compel attendance of witnesses to testify before said board in the matter under investigation, which sub- poena shall be issued under the seal of said board and be signed by the secretary or clerk thereof, and shall be served in the same manner as subpoenas issued out of the courts of common pleas of this State, and every person who refuses or neglects to obey the command of such a writ, or, who, after appearing, refuses to be sworn and testify, shall in either event be liable to a penalty of fifty dollars, to be sued for in the name of said board in any court of competent jurisdiction, which penalty when collected shall be paid to the treas- urer or custodian of moneys of said board. Any mem- ber of said board is hereby authorized to administer oaths to such witnesses as may appear or be brought before it, and any person who shall have been so sworn and who shall testify falsely, shall be guilty of perjury. 129. (3.) Nothing herein contained shall be held to limit the right of any school board to reduce the num- 5 si. As to charges or reduction of salary. Hearing. Cpmpel witness by subpoenas. Ibid. Penalty. Oaths. Dismiss teachers if pupils decrease. Ibid. 66 SCHOOL LAW. Proviso. Pension for teachers. P. L. 1911, Chap. 276. Proviso. Schools free. Age. P. L. 1903, Special session. Tuition fees in certain cases. ber of principals or teachers employed in any school dis- trict when such reduction shall be due to a natural diminution of the number of pupils in said school dis- trict; and provided further, that the service of any prin- cipal or teacher may be terminated without charge or trial who is not the holder of a proper teacher's certifi- cate in full force and effect. 130. (i.) Any teacher, principal or superintendent who shall have been employed in the public school sys- tem of this State or any other State not less than thirty- five years shall, upon application to the Board of Educa- tion or other body, or by which such teacher, principal or superintendent shall be employed, be retired from duty on half the average annual salary during the last five years of service; provided, such teacher, principal or superintendent shall have been employed at least twenty years by the Board of Education or other body by which he or she shall be retired, and the payment to such persons shall be made at the same time and in the same manner as to teachers regularly employed, (a) ARTICLE IX. PUPILS. 131. ( 1 1 6.) Public schools shall be free to all persons over five and under twenty years of age who shall be residents of the school district. (&) Non-residents of a school district, if otherwise competent, may be ad- mitted to the schools of said district with the consent of the Board of Education upon such terms as said board (a) Although a teacher in the public schools is retired under without hav- ing a hearing, the proceedings will not be set aside on certiorari when the facts on which the retirement was based are conceded. Vroom v. Bayonne, 50 Vr. 46. (b) The provision of article 4, section 7, paragraph 6, of the State con- stitution is not a limitation of legislative power over the subject of free public education. It prescribes what must be done with the school fund, not what may be done at public expense out of the general funds of the State. The facilities for free public education are to be provided by the legislature within the exercise of a sound discretion, subject only to con- stitutional restraint which must be found in expression or clear implication. Rutgers College v. Morgan, 41 Vr. 460. SCHOOL LAW. 67 may prescribe; provided, that the authority to charge Proviso, tuition for non-resident pupils conferred by this section shall not apply to non-resident pupils transferred to any district by an order of the County Superintendent of Schools, (a) 132. (117.) Whenever in any district there shall be T f r ^i s rtati n children living remote from the schoolhouse, the Board ] of Education of such district may make rules and con- tracts for the transportation of such children to and from school. Nothing in this section shall be so construed as to prohibit a Board of Education from making con- tracts for the transportation of children to a school in an adjoining district when such children shall be trans- ferred to said district by order of the County Superin- tendent of Schools, or when any children shall attend school in a district other than that in which they shall reside by virtue of an agreement made by the respective Boards of Education. 133. (118.) Any child living remote from any public J h r ^en r f school in the district in which he or she shall reside shall ^mote from be allowed to attend a public school in an adjoining Ibld- district with the consent of the County Superintendent of Schools, which consent shall be in writing, and one copy thereof filed with the district clerk or secretary of the Board of Education of the district in which such child shall reside, and one copy filed with the district clerk or secretary of the Board of Education of the dis- trict in which such child shall attend school ; and in case the districts shall not be in the same county, the written consent of the County Superintendent of Schools of each county shall be obtained. 134. (119.) Any child who shall have completed the course of study pursued in the schools in the district in which he or she shall reside may, with the consent of the Board of Education of said district and of the Board of ib?d nct ' Education of a district in which he or she shall desire (a) See section 3, div. XT. 68 SCHOOL LAW. Pupils to submit to authority of teacher. Ibid. Parents liable for pupil's damage to school property. Vaccination. P. L. 1906, Chap. 104. Proviso. to attend school, be admitted to a school of higher grade in said last-mentioned district. Said Boards of Educa- tion shall determine the amount to be paid for the edu- cation of such child, and the Board of Education of the district in which such child shall reside shall issue an order for said amount, signed by the president and dis- trict clerk or secretary of the Board of Education, in favor of the custodian of the school moneys of the school district in which such child shall attend school, which order shall be paid by the custodian of the school moneys of the first-mentioned district out of any moneys in his hands available for the current expenses of said district, (a) 135. (120.) Pupils in the public schools shall comply with the regulations established in pursuance of law for the government of such schools; shall pursue the pre- scribed course of study, and shall submit to the authority of the teacher. Continued and willful disobedience, open defiance of the authority of the teacher, the use of habitual profanity or obscene language shall be good cause for suspension or expulsion from school. Any pupil who shall cut, deface or otherwise injure any schoolhouse, furniture, fences, outbuildings or other property of the school district shall be liable to suspen- sion and punishment, and the parents or guardians of such pupil shall be liable for damages to the amount of the injury ; said amount to be collected by the Board of Education in any court having jurisdiction, together with the costs of said action. 136. (121.) A board of education may exclude from school any teacher or pupil who shall not have been suc- cessfully vaccinated or revaccinated, unless such teacher or pupil shall present a certificate signed by a regularly licensed physician that such teacher or pupil is an unfit subject for vaccination; provided, that in any district having a medical inspector appointed by the Board of (a) See section 3, div. XI. SCHOOL LAW. 69 Education the certificate hereinafter provided for shall be furnished by such medical inspector, (a) No teacher Teachers or or pupil who shall be a member of a household in which JPgjf * g a person shall be ill with small-pox, diphtheria, scarlet ot e SteSd a11 fever, whooping cough, yellow fever, typhus fever, cholera, measles or such other contagious or infectious disease as may be designated by the Board of Educa- tion, or of a household exposed to contagion as afore- said, shall attend any public school during such illness, nor until the Board of Education shall have been furnished with a certificate from the Board of Health, or from the physician attending such person, or from a medical inspector, certifying that all danger of com- municating such disease by such teacher or pupil has passed. 137. (122.) In case any pupil enrolled in a public Vaccination at public school shall be found to be unvaccinated, whose parents j shall be, in the judgment of the Board of Education, ' 1 unable to pay for the vaccination of such pupil, the dis- trict clerk or secretary of the Board of Education may give to said pupil a permit to appear before any regularly licensed physician to be vaccinated, and such physician, on presenting said permit with his certificate appended thereto that the vaccination has been by him successfully performed, shall receive from the township, city, incor- porated town, borough or other municipality in which said pupil shall reside the sum of fifty cents. 138. (123.) Whenever the Board of Health of any Schools dosed township, city, incorporated town, borough or other mu- nicipality shall declare any epidemic or cause of ill-health to be so injurious or hazardous as to make it necessary to close any or all of the public schools in such township, city, incorporated town, borough or other municipality, said board shall immediately serve notice on the Board of Education of the school district situate in said town- Co) The appointment of medical inspectors being mandatory, the certificate must be furnished by such inspector. SCHOOL LAW. When new pupils may be admitted. Ibid. No exclusion from school on account of color, etc. Ibid. Special classes for pupils below normal. P. L. 1911, Chap. 234. ship, city, incorporated town, borough or other munici- pality that it is desirable to close said school or schools. Upon receipt of such notice such Board of Education may close the schools under its control, or such of them as may be designated by the Board of Health, and said schools shall not be reopened until said Board of Edu- cation shall be satisfied that all danger from said epi- demic or cause of ill-health has been removed. 139. (124.) Children who shall have never attended any public or private school may be admitted to a public school during the ten days immediately following the opening of said school for the fall term, during the first five days in January and April respectively, and at no other time except by a majority vote of all the members of the Board of Education of the school dis- trict in which said school shall be situate. 140. (125.) No child between the age of four and twenty years shall be excluded from any public school on account of his or her religion, nationality or color. A member of any Board of Education who shall vote to exclude from any public school any such child, on ac- count of his or her religion, nationality or color shall be guilty of a misdemeanor, and punished by a fine of not less than fifty dollars rior more than two hundred and fifty dollars, or by imprisonment in the county jail, workhouse or penitentiary of the county in which the offence shall have been committed, for not less than thirty days nor more than six months, or by both fine and imprisonment in the discretion of the court, (a) 141. (i.) Each Board of Education in this State shall ascertain what children, if any, there are in the public schools who are three years or more below the normal. (a) i. It is unlawful for school trustees to exclude children from any school on the ground that they are of the negro race. Pierce v. Union Dis- trict, &c., 17 Vr. 76. 2. In case of a controversy between a citizen and a local board of educa- tion respecting the public school to which the children of the citizen should be assigned, all remedies provided by the School law must be exhausted by the citizen before the prerogative writs of the state are awarded to him. Stockton v. Board of Education, &c., 43 Vr. 80. SCHOOL LAW. 71 In each school district in this State in which there are ten or more children, three years or more below the normal, the Board of Education thereof shall establish a special class or classes for their instruction, no class, however, to contain more than fifteen children. In each school district in this State where there are ten or more blind or deaf children who are not now cared for or who cannot be cared for in an institution, a special class or classes shall be organized for their education, no such class, however, to contain more than fifteen pupils. Such classes shall be discontinued when proper provision is made for the care and education of such blind and deaf children by the State. The medical examiner of the JJ^f district shall examine the children in special classes at examiner, least once in every three months, (a) ARTICLE X. SCHOOLHOUSES', FACILITIES AND ACCOMMODATIONS. 142. (126.) Each school district shall provide suitable Suitable ac- commodations school facilities and accommodations for all children re- must be fur- nished. siding in the district and desiring to attend the public ^Jj i w* schools therein. Such facilities and accommodations shall include proper school buildings, together with fur- niture and equipment, convenience of access thereto, and courses of study suited to the ages and attainments of all pupils between the ages of five and twenty years. Such facilities and accommodations may be provided either in schools within the district convenient of ac- cess to the pupils or as provided in sections one hun- dred and seventeen, one hundred and eighteen and one hundred and nineteen of the act to which this act is an amendment. Whenever any school district shall School moneys with- fail to provide such facilities or accommodations, the held upon failure to County Superintendent of Schools shall transmit to the (a) See section 251. SCHOOL LAW. Out-houses P. L. 1903, Special Tax for. Plans for school build- ings. P. L. 1911, Chap. 369- custodian of the school moneys of the school district an order directing him to withhold from such district all moneys in his hands, or which shall thereafter come into his hands, to the credit of such school district received from the State appropriation or from the State school tax until such suitable facilities or accommodations shall be provided, and shall notify the Board of Education of such district of his action with the reasons therefor. Such order shall not take effect until approved in writing by the Commissioner of Education, and said approval shall state when said order shall take effect. 143. (127.) Each Board of Education shall provide at least two suitable and convenient outhouses or water- closets for each of the schoolhouses under its control. Said outhouses or water-closets shall be entirely sepa- rated each from the other and shall have separate means of access. Said outhouses and said water-closets, if de- tached from the schoolhouse, shall be separated by a sub- stantial close fence not less than seven feet in height. The Board of Education shall have said outhouses and water-closets kept in a clean and wholesome condition. The question of raising the amount needed to carry into effect the provisions of this section shall not be sub- mitted to the legal voters of the school district, but the Board of Education shall notify the assessor or assessors and collector, by notice signed by the president and dis- trict clerk or secretary, of the amount needed for such purpose, and such amount shall be assessed, levied and collected at the same time and in the same manner as other special school taxes are assessed, levied and col- lected. 144. (128.) The Commissioner of Charities and Cor- rections shall, upon the request of the Commissioner of Education, cause to be prepared standard plans and specifications for school buildings to contain one, two, four, six, eight, twelve, sixteen, twenty and twenty-four rooms. The Commissioner of Education shall, upon receipt of such plans and specifications, cause blueprints SCHOOL LAW. 73 to be made of the plans, and shall have printed copies of the specifications and shall loan copies to any district upon its application. The Commissioner of Charities and Corrections shall also, upon the request of the Commissioner of Education, cause to be made a thor- ough examination of any school building and to report Examination to the Commissioner of Education his findings in regard buildings. thereto. The Commissioner of Education may direct the entire or partial abandonment of any building used for school purposes and may direct the making of such changes therein as to him may seem proper. 145. (120.) No contract for the erection of any public Approval of plans and school building or any part thereof shall be made until jj} racts ' and after plans and specifications therefor have been sub- mitted to and approved by the State Board of Education. A copy of the plans and specifications as approved shall be filed forthwith with the State Board of Education. A copy of the contracts for the erection of the whole or any part of the school building and for the furnishing thereof shall be filed with the State Board of Educa- tion within ten days after the same have been signed. No change in the plans or specifications shall be legal unless the same have been submitted to and approved by the State Board of Education. A copy of all changes as approved shall be filed forthwith with the said board. 146. ( 130.) In any schoolhouse of two or more stories in height, the doors leading from the classrooms to the corridors and from said corridors to the street or to the f e P sSon. ground surrounding such schoolhouse shall open out- wardly. All swing-doors shall have plate-glass windows of suitable dimensions. 147. (i.) Whenever any of the school buildings and P se of J insuranc furnishings thereof in any school district shall have p 3 ^ been partially or totally destroyed by fire, the moneys Chap - 34 received by the Board of Education for insurance on said building and furnishings and contents thereof may be paid out by the custodian of the school moneys of the district for the repairing, reconstruction or rebuilding of 74 SCHOOL LAW. Proviso. Proviso. said building and the purchase and repairing of the furnishings and contents thereof; provided, that insur- ance money shall not be used by the Board of Education, without the authority of the appropriating power, for a building to be erected on a site other than that occupied by the building destroyed by fire ; and provided further, that the Board of Education shall not enter into a con- tract for the construction of a building to cost more than the amount of insurance money received until the additional amount required has been regularly appro- priated. ARTICE XL UNION-GRADED SCHOOLS. Establish- ment of union-graded schools. P. L. 1903, Special session. Election, how conducted. Report to county su- perintendent. 148. (132.) Whenever the Boards of Education of two or more adjoining school districts shall deem it for the best interests of the children that said districts shall unite in establishing and maintaining a union-graded school, each oi said boards shall cause its secretary or district clerk to insert in the notices calling any annual or special meeting of the legal voters, a notice that the question of establishing such union-graded school will be submitted at such meeting. The legal voters shall vote by ballot, and at any such meeting the secretary thereof shall keep a poll-list of the legal voters voting on such question, and a tally-sheet of the ballots as counted by the tellers. Said ballots, poll-list and tally-sheet, which tally-sheet shall be signed by the chairman of the meeting and by said secretary, shall be, by said secretary, within five days after the date of said mieeting, transmitted to the County Superintendent of Schools in a sealed package indorsed with the name of the district, of the county in which it shall be situate, and the date of the meeting. Said secretary shall also transmit to said County Superin- tendent of Schools a certificate of the result of such vote signed by said chairman and secretary. In case the SCHOOL LAW. 75 districts shall be situate in different counties, said secre- tary shall transmit the ballots and other papers hereinbe- fore described to the County Superintendent of Schools of the county in which the district shall be situate, and shall transmit a duplicate of the certificate of the re- sult of such vote to the County Superintendent of Schools of the county in which the other district or dis- tricts shall be situate. If the County Superintendent of Schools shall ascertain from such certificates that the total number of votes cast in each of said districts in favor of establishing such union-graded school exceeds the total number of votes cast in each district against the same, he shall immediately notify each of the Boards of Education of the result of such vote. 149. (133.) Whenever two or more districts shall have unum school voted to establish a union-graded school as provided in constituted. the preceding section, the Board of Education of such union-graded school shall be constituted as follows: I. If two districts shall unite for the purpose afore- said, the Board of Education of each of said districts shall appoint two of its members as members of the Board of Education of such union-graded school ; II. If three or more districts shall unite for the pur- pose aforesaid, the Board of Education of each of said districts shall appoint one of its members as aforesaid. 150. (134.) Each board of education shall notify the Notification to county su- County Superintendent of Schools of the names of the penn persons so appointed as aforesaid, and the persons so appointed shall continue to be members of the Board of Education of such union-graded school until the second Tuesday in April next after their terms of office as members of their respective boards of education shall have expired, and their successors shall be appointed on or before the first day of April in like manner and for a like term. The members so appointed as aforesaid shall continue to act as members of the boards of educa- tion in their respective districts. SCHOOL LAW. Removals and vacancies. Ibid. Corporate name. Lhid. Organization of board of education. Ibid. Custodian of school moneys. Powers of union-graded school boards. Ibid. Purchase, sell or lease school property. 151. (135.) A member of a board of education of a union-graded school or the president or secretary there- of, may be removed in the same manner as is provided in this act for the removal of an officer or member of a board of education. Any vacancy in such board shall be filled by the board of education of the district which by reason of such vacancy has not its full representation on the board of education of such union-graded school. 152. (136.) Each board of education appointed as provided in this article shall be a body corporate, and shall be known as and called "the board of education of the union-graded school of the school districts of and 1 (here insert the names of the districts), in the county of " (here insert the name of the county in which the schoolhouse shall be located). 153. (137.) The Board of Education of each union- graded school shall forthwith, after its first appointment, organize by the election of one of its members as presi- dent and a secretary, who shall serve until the second Tuesday in April next after their election, on which day and annually thereafter said board shall organize by the election of the officers aforesaid. Said board shall ap- point a suitable person as custodian of school moneys of said union-graded school and shall fix his salary and term of office. Said custodian shall have the powers and be charged with the duties conferred or imposed by this act upon custodians of school moneys of school districts, and shall give such bond in such amount and with such sureties as said board shall direct, but said bond shall be for a sum not less than the amount annu- ally apportioned to such school by the County Superin- tendent of Schools. 154. (138.) The Board of Education of a union- graded school shall have power : I. To purchase, sell and improve school grounds, to erect, lease, enlarge, improve, repair or furnish school buildings; to borrow money with or without mortgage SCHOOL LAW. 77 and to raise money by taxation for any such purpose, or to pay debts incurred therefor, or for the current ex- penses of the schools ; provided, that for any such actb Proviso, it shall have the previous authority of a majority vote of the Board of Education of each of the districts uniting in establishing said union-graded school; II. To take and condemn land and other property Condemn J land for for school purposes, in the manner provided by law school purposes. regulating the ascertainment and payment of compensa- tion for property condemned and taken for public use. If either party shall feel aggrieved by any proceedings and awards thereunder, said party may appeal in the manner provided by law for appeals from such proceed- ings and awards; provided, that before beginning any proviso, proceedings for taking and condemning land and other property, the Board of Education shall have the author- ity of a majority vote of the Board of Education of each of the districts uniting in establishing said union- graded school; III. To determine, subject to the approval of a ma- jority of the Board of Education of each of the dis- tricts uniting in establishing such union-graded school, the amount needed to purchase land for school pur- poses; to erect and furnish a suitable schoolhouse, or to lease a schoolhouse already erected, and for the cur- rent expenses of such school, in which term shall be included principals', teachers', janitors' and medical in- spectors' salaries, fuel, text-books, school supplies, flags, school libraries, salaries of secretary and cutodian of school moneys, insurance and the incidental expenses of such school. The amount of money thus determined shall be certified by the secretary of said board to the assessors of the several taxing districts in which the school districts uniting as afore- said shall be situate, and said assessors shall apportion said amount among said several taxing districts in the proportion that the ratables of each bear SCHOOL LAW. Seal. Supervising principal. Apportion- ment of moneys in union school districts. Ibid. to the total ratables o' s - all funds appropriated, raised or subscribed for the maintenance of such evening schools. He shall keep a separate and distinct account thereof, and shall disburse said moneys on orders signed by the president and dis- trict clerk or secretary of the board of education. 168. (3.) The board of education of any school dis- trict receiving an appropriation from the State for the purpose mentioned in this act shall annually, on or be- Ibid - fore the first day of August, make a special report to the Commissioner of Education in the manner and form prescribed by him. 169. (4.) The State Board of Education may, from Assistance time to time, appoint suitable persons to assist in carry- ing out the provisions of this act and to encourage the establishment of such evening schools. The persons so appointed shall receive no compensation for their serv- ices, but shall be paid the necessary expenses incurred by them under the provisions of this act. 170. (5.) The expenses incurred in carrying out the Expenses provisions of this act shall be paid by the State Treas- met!" urer on the warrant of the State Comptroller, but no expense shall be incurred nor payment made for any of SCHOOL LAW. the purposes named in this act until an appropriation therefor shall have been made in a regular appropriation bill. ARTICLE XIV. Free text-books. P. L, 1903, Special session. Rules for text-books. Ibid. School officers and teachers not to be interested in furnishing text-books. Ibid. TEXT-BOOKS AND SUPPLIES. 171. (150.) Text-books and school supplies shall be furnished free of cost for use by all pupils in the public schools. Every school district shall raise and appropri- ate annually in the same manner as other school moneys shall be raised and appropriated in such district an amount sufficient to pay for such text-books and sup- plies. 172. (151.) Every board of education shall make rules for safekeeping and proper care of text-books, and shall keep an account of all moneys expended by it for such text-books and supplies, and shall report the same in its annual financial statement. 173. (152.) It shall be unlawful for any County Super- intendent of Schools, member of a board of education, teacher or any person officially connected with the pub- lic schools to be agent for, or to be in any way pecuni- arily or beneficially interested in the sale of any text- books, maps, charts, school apparatus or supplies of any kind or to receive compensation or reward of any kind for any such sale or for unlawfully promoting or favor- ing the same. A violation of the provisions of this sec- tion shall be punishable by removal from office or by revocation of certificate to teach. ARTICLE XV. Regular at- tendance at school. P. L. 1909, Chap. 144. COMPULSORY EDUCATION. 174. (153.) Every parent, guardian or other person having control of a child between the ages of seven and seventeen years inclusive shall cause such child to reg- SCHOOL LAW. 85 ularly attend a day school in which at least the common school branches of reading-, writing, arithmetic, spell- ftudkd. 8 ing, English grammer and geography are taught by a competent teacher, or receive equivalent instruction elsewhere than at school, unless such child is above the age of fifteen years and has completed the grammar school course (prescribed by the State Board of Edu- cation), and in addition thereto is regularly and law- fully employed in some useful occupation or service. Such regular attendance shall be during all the days f t ^ a ^ e and hours that the public schools are in session in the school district in which the child resides, unless it shall be shown to the satisfaction of the Bioard of Educa- tion of the school district in which such child resides, that the bodily or mental condition of such child is such as to prevent his or her attendance at school. If J f u " em P!- y ? d ' to attend high such child be under the age of seventeen years and has t r r al fng school, completed the grammar school course and is not regu- larly and lawfully employed in any useful occupation or service, such child shall attend the high school or manual-training school in said school district in which such child resides, if there is a high school or manual- training school in said district; if there is no high school or manual-training school in said school district, said child shall be transported to a high school or manual-training school as provided in the act to which this is an amendment. Any child above the age or Exemption ' under cer- fourteen years who submits satisfactory evidence to 3St?ons n " the Board of Education of the school district in which such child resides, that it is necessary that such child should be employed in some occupation or service, may be granted by said Board of Education a certifi- cate exempting him or her from the provisions of this section, such exemption to continue so long as said child shall be regularly employed as aforesaid. 175. (154.) Any parent, guardian or other person f a e i?ure y to r having the legal control of any child who shall fail to comply with the provisions of section one hundred and Special session. 86 SCHOOL LAW. fifty-three of this act shall be deemed to be a dis- orderly person, and upon sworn complaint made by the truant officer or other person designated, to any justice o-f the peace, police justice or city or town recorder acting as such within the municipality wherein such school district shall be situate, shall be apprehended upon warrant issued to any constable of the county, and upon conviction shall be punishable as a disorderly person. 176. (155.) The board of education of each school dis- trict may appoint, and may remove at pleasure, one or more persons to be designated as truant officers, and may fix their compensation, prescribe their duties, not inconsistent with the provisions of this article, and shall make rules and regulations for the performance of such duties, (a) 177. (156.) The police authorities in any municipality having an organized police force shall, upon the writ- ten request of the board of education of the school dis- trict situate in such municipality, detail one or more members of said police force to act as truant officers. Any police officer so detailed shall have all the powers granted to truant officers under the provisions of this article as fully as if appointed as such truant officers by the board of education. Whenever the words, "truant-officer" are used in this article, the same shall apply as well to the person or persons designated under section one hundred and fifty-five, as to those desig- nated in this section. 178. (157.) Every child between the ages of seven and fourteen years who shall be repeatedly absent from school, or found away from home during school hours, or whose parent, guardian or other person having legal control of such child is unable to cause him to attend school, or who shall be habitually a truant from school, or who shall habitually wander about the streets and fa) See sections 286 and 287. SCHOOL LAW. public places of any municipality during the school hours having no lawful business or occupation, or any pupil who shall be incorrigible, actually vagrant, vicious or immoral in conduct, or who shall fail to comply with the provisions of sections one hundred and sixty-one and one hundred and sixty-two of this act, shall be deemed and adjudged to be a disorderly person and proceeded against as provided in section one hundred and fifty-nine of this act. 179. (158.) Every truant officer or other person desig- nated by a board of education who shall find any child between seven and fourteen years of age away from home during school hours, who shall then be a truant from school shall take such child and deliver him to his parent, guardian, or other person having legal con- control of such child, or to the teacher of the school which such child is lawfully required to attend; said truant officer, or other person shall examine into all violations of the provisions of this act when requested so to do by the Commissioner of Labor or by the board of education of the district for which he shall have been appointed or detailed, and shall thereupon warn any child or pupil, its parent, guardian or other person having legal control of such child or pupil in writing oi the consequences of such violations if persisted in, and shall request that the said parent, guardian or other per- son cause the said pupil to improve his conduct, or said child attend school within five days from serving said notice in writing, and cause said child to attend regularly thereafter; in the event said parent, guardian or other person having control of said child or pupil shall fail, neglect or refuse to cause said pupil to improve his con- duct, or fail, neglect or refuse to cause said child to at- tend school within said period and to attend regularly each day during the remaining period of compulsory attendance, unless regularly excused from school attend- ance by the board of education, said parent, guardian Duties of truant officer. P. L. IQOS Chap. 180. Notice to parents. Penalty for not sending child to school. 88 SCHOOL LAW. Complaint. P. L. 1903, Special session. Disposition of child. or other person having legal control of such child or pupil shall be deemed to be a disorderly person and liable to prosecution without further notice. 180. (159.) In the case of the offenses set out in sec- tion one hundred and fifty-seven it shall be the duty of the truant officer or other person designated, when re- quested by the board of education of the school district, to make a complaint thereof under oath before any justice of the peace, police justice or city or town recorder of the municipality where such school district shall be situate, who shall issue his warrant directed to any constable of Apprehension, the county to immediately apprehend such child so com- plained of and bring him before him, who, after an examination had as to the offense charged may either direct said child so complained of to be delivered to his parent, guardian or other person entitled to its legal control, or to the teacher of the class in the school at which said child shall or ought to attend, or send the complaint to the clerk of the court for the trial ot juve- nile offenders, meanwhile committing such boy or girl to the county jail to await trial or punishment as a juve- nile offender, or parole him or her to await trial as such before the court for the trial of juvenile offenders in and for the county in which such school district shall be situate. 181. (160.) Such truant officer shall report promptly every such arrest and the disposition made of such arrested child to the board of education of the school district where said child shall be lawfully required to attend school, or to such person as said board may direct. 182. ( 161.) The board of education of any school dis- trict may establish and maintain a school or schools, or may set apart separate rooms in a public school build- ing for the use, restraint and instruction of children between the ages of seven and fourteen years who shall be habitual truants from school, or who shall be habit- Officer's report. Ibid. Parental school. Ibid. SCHOOL LAW. 89 ually insubordinate or incorrigible and disorderly dur- ing their attendance at school. Such school or room shall be known as a parental school. 183. (162.) Said board of education may compel any such child to attend such parental school and, with the Ibid - consent, in writing, of the parent, guardian or other person having legal control of such child, may cause such child to be restrained and instructed therein for such a period and under such rules and regulations as said board of education may prescribe. 184. (163.) If any such child shall not attend such ^aii school, then he or she shall be proceeded against as a dis- Ibid - orderly person as set out in sections one hundred and fifty-seven and one hundred and fifty-nine of this act. 185. (164.) Any parental school established under the provisions of this article shall be maintained as other public schools shall be maintained in the district in which it shall be situate under such rules and regula- tons as the board of education of such district may pre- scribe. 186. (165.) The board of education of a school dis- trict in which there shall be no parental school, may send children who shall be residents of such school district ho p a i rental and who shall be habitual truants or insubordinate or ] incorrigible as defined in this article, to a parental school in an adjoining school district, by and with the consent of the board of education of the district in which said parental school shall be situate. Any ex- pense incurred by a board of education under the pro- visions of this section may be paid out of any moneys raised by special district tax for the current expenses of the school. 187. (i.) Whenever a complaint shall be made to a magistrate against the parent, guardian or other person having the legal control of any child, or against any child between the ages of seven and fourteen years, for failing to comply with any of the provisions of Article SCHOOL LAW. XV. of the act to which this is a supplement, and there is no provision in any other law in this state for com- pensation to the magistrate for issuing his warrant and holding an examination as to the offense charged, the board of education of the school district wherein the complaint shall be made, may, in its discretion, order and direct the payment of a proper bill, made out and sworn to by such magistrate, and not to exceed the sum of fifty cents for the issuing of a warrant, holding the examinations and disposing of the matter before him,, and such payment shall be made from the special dis- trict tax raised for the current expenses of said dis- trict. ARTICLE XVI. Trustees of school fund. P. L. 1903, Special session. Secretary of board. Ibid. Riparian lands part of school fund. Ibid. SCHOOL FUND. 188. (166.) The Governor, the Attorney-General, the Secretary of State, the State Comptroller and the State Treasurer (a) are hereby constituted a Board of Trus- tees of the Fund for the Support of Public Schools arising from appropriations heretofore made or which may be hereafter made by law, or which may arise trorn gift, grant, bequest or devise, which board shall be known as "The Trustees for the Support of Public Schools." 189. ( 167.) The Secretary of State shall be the Secre- tary of said board. He shall record in a book to be kept for that purpose the proceedings of said board and the accounts to be furnished by the State Treasurer as here- inafter directed. 190. (168.) All lands belonging to this state now or formerly lying under water are appropriated for the support of public schools, and all moneys hereafter received from the sales of such lands shall be paid to "The Trustees for the Support of Public Schools/' and (a) The Commissioner of Education is a member of the Board of Trustees. See section 8. SCHOOL LAW. 91 shall be invested by said board, and shall constitute a part of the permanent school fund of the state. 191. (169.) All leases which have been heretofore income from leases. made, or which shall be hereafter made of such lands, ibid, shall be held by "The Trustees for the Support of Public Schools" as a part of the principal of the school fund, and the income arising- from said leases shall be a part of the income of said school fund. 192. (170.) Moneys belonging to the school fund shall investment* be invested by said board in the bonds of the several school districts of this state, or in the bonds of the United States, or of this state, or in the bonds of any county, city, incorporated town, township or borough of this state the total indebtedness of which shall not exceed in the aggregate fifteen per centum of the total assess- able valuation of all taxable property therein, and the interest thereof shall be a part of the income of said school fund. The income of said school fund shall be useof used for the support of public schools, the payment of the salaries of the County Superintendents erf Schools, the payment of premium's and accrued interest on bonds purchased by the "Trustees for the Support of the Pub- lic Schools," and for no other use or purpose whatso- ever. An account of the management of said fund shall Annual accounting. be laid before the Legislature with the annual statements of the State Treasurer's accounts; No compensation shall be paid to said trustees or treasurer for any serv- ices performed in pursuance of this article, (a) 193. (171.) Said board shall not invest any part of the Mortgage in- vestments. principal or interest of said fund in bonds secured by Ibid - mortgage on lands except as hereinafter provided. (a) i. The trustees for the support of public schools are the custodians of the fund set apart for the support of public schools, free by constitutional pro- vision from even the control of the legislature, except in the designation of the mode in which the interest and dividends arising therefrom shall be applied for the support of public schools. For the purposes of the adminis- tration of the fund of which they are made custodians and of the rights and remedies upon or against the securites in which it is invested, the trustees are constituted the representatives of the State. American Dock and Improvement Co. v. Trustees of Public Schools, 8 Stew. 181. 2. See sections 275 and 276. SCHOOL LAW. Foreclosure. Ibid. Proviso. Purchase property at foreclosure sale. Ibid. Proviso. Payment of taxed costs. Sale of real estate. Ibid. Loan on mortgage. 194. (172.) Said board shall cause foreclosure pro- ceedings to be commenced without delay whenever the interest on bonds secured by mortgage held by said board as part of the school fund shall remain unpaid for the space of six months ; provided, that whenever fore- closure proceedings shall have been commenced, said board may, in its discretion, discontinue the same upon the payment of accrued interest and the costs of such proceedings. 195. (173.) Said board may bid for and purchase any lands and premises exposed to sale under the order and decree of any court for the payment and satisfaction of any mortgage incumbrance thereon held by said board, and may take and hold title to the lands and premises so purchased in and by its official name as a part of the principal of the school fund; provided, that said board shall not bid a higher price for such lands and premises than shall be sufficient to produce the amount due upon said mortgage incumbrance and costs. The taxed costs attending such proceedings and sale, if any, shall be paid by the State Treasurer on the war- rant of the State Comptroller. 196. (174.) All real estate now held by "The Trustees for the Support of Public Schools," and all real estate that may be hereafter acquired by them under foreclos- ure proceedings shall be sold, either at private or public sale, at such times and at such prices as will, in the judgment of said board, be for the best interests of the state. Said board may advertise such properties, either at private or public sale, in such manner as to it shall seem judicious, and the proceeds of such sale shall be paid into the school fund, and shall be invested by said board as other moneys of said fund shall be invested. Said board may loan to the purchaser of any said real estate, one-half of the amount of purchase-money, the SCHOOL LAW. 93 same to be secured by bond and mortgage on the prem- ises so purchased, (a) 197. (175.) The State Treasurer shall make annually to said board on the first day of the annual meeting of the 1 I e b f d slature ' Legislature, and at such other times as said board shall require, a statement of the school fund, containing an account of the securities belonging thereto with the dates of investment, their values, and the interest aris- ing from each class of securities, together with an ac- count of the moneys in the treasury belonging to said fund. 198. (176.) There shall be annually apportioned and paid from the income of the school fund for the support Ibid - of public schools two hundred thousand dollars. If the income of said fund shall not have been received in full, or shall be insufficient for such appropriation, the sum Provision for necessary to make up the deficiency shall be drawn tiuin the State Treasury on the warrant of the State Comp- troller, which sum so drawn as aforesaid shall be re- placed fromi the income of said school fund as soon as the same shall have been received. 199. (i.) It shall be lawful for the Trustees for the Support of Public Schools to arrange with any munici- pality in this State to change any bonds heretofore Chap - 236 - purchased, or now held or hereafter purchased by said trustees, from coupon to registered bonds, and it shall be lawful for any municipality issuing such bonds so held by said trustees to detach from such bonds the coupons thereon and cancel the same, and stamp upon such bonds the registration thereof, and the necessary agreement for the payment of the interest thereon to effectuate the provisions of this act. Within sixty days after the passage of this act every coupon bond in the possession of said trustees, and (a) A bond and mortgage given to the trustees for the support of public schools cannot be deducted from the valuation of real and personal estate for which an individual shall be assessed for taxes. Montgomery v. Trenton, n Vr. 89. 94 SCHOOL LAW. every coupon bond thereafter acquired immediately upon the receipt thereof, shall have stamped upon the bond and upon each coupon the following: "This is the property of the trustees for the Support of Public Schools." ARTICLE XVII. Appropriation from state fund. P. L. 1903, Special session. State school tax. Rate of tax Apportion- ment by state comptroller. STAT SCHOOL TAX. 200. (177.) For the purpose of maintaining free pub- lic schools there shall be appropriated each year from any moneys in the State Treasury not otherwise appro- priated such sum, not less than one hundred thousand dollars, as may be determined by the Legislature in the annual appropriation act; which sum shall be appor- tioned among and paid to the several counties in the proportion that the ratables of each of said counties shall bear to the total ratables of the state as exhibited by the latest abstract of ratables filed in the office of the State Comptroller. In addition to the amount so de- termined and appropriated, a state school tax shall be annually assessed, levied, and collected upon the taxable real and personal property in the state, as exhibited by the latest abstract of ratables from the several counties made out by the several boards of assessors and filed in the office of the State Comptroller. Said tax shall be such an amount as will make, when added to the amount determined and appropriated as aforesaid, a sum equal to two and three-fourths mills on each dollar of valua- tion of the taxable real and personal property in the state as exhibited by the last abstract of ratables from the several counties made out by the several boards of assessors and filed in the office of the State Comptroller, which tax shall be assessed, levied and collected at the same time and in the same manner as other taxes shall be assessed, levied and collected. The State Comp- troller shall apportion said tax and appropriation among the several counties in proportion to the amount SCHOOL LAW. 95 of taxable real and personal estate of said counties, respectively, as shown by the abstract of ratables as aforesaid, and he shall transmit on or before the first day of February in each year, to the State Board of Education, a statement of the amount of said tax and appropriation, apportioned as aforesaid, and to the County Collector a statement of the amount of said tax apportioned to and payable by said county, and said County Collector shall lay said statement before the board of assessors of the townships, cities, incorporated towns, boroughs and wards within his county at its next annual meeting, and said board of assessors shall thereupon apportion said school tax as other taxes art apportioned, and the same shall be assessed, levied and collected according to law. (a) 201. (178.) Every County Collector shall pay to the State Treasurer the quota of the State school tax from t c ol s 1 t e a c t t e or his county on or before the twentieth day of January ibS! 1 " 5 *' next after the assessment thereof. In case any collector Penalty for or other officer having the custody o>f collected taxes py U1 5a. shall fail or neglect to pay to the County Collector the full amount of State school tax due from his taxing dis- trict on or before the twenty-second day of December, said County Collector shall give to the County Superin- tendent of Schools written notice of such failure or neg- lect, and said County Superintendent of Schools shall withhold from every school district in said taxing dis- trict, the full amount apportioned to it out of the reserve fund for the support of the school or schools situate within said taxing district, and said County Superintend- ent of Schools in making the next apportionment of school moneys shall reapportion the amount of the re- (a) i. School taxes are to be levied and applied for the school year succeed- ing the assessment. Elisabeth v. Sheridan, 13 Vr. 64. z. The board of assessors in apportioning the State and school taxes among the several townships in a county must distribute them according to the value of the property, after deducting debts, as shown by the duplicates of the assessors of the several townships of the then present year and not of the preceding year. Skirm v. Cox, Q Vr. 302. 9 6 SCHOOL LAW. Retention of apportion- ment from state tax. Apportion- ment of reserve fund. Ibid. serve fund so withheld among the several school districts in his county. Said County Superintendent of Schools shall also withhold from the custodian of the school moneys of any school district the order for the amount of money apportioned out of the State school tax to said district, until the collector or other officer authorized to collect taxes in the taxing district in which said school district shall be situate shall have paid to the County Collector the full amount of the State school tax due from said taxing district, and the body having the con- trol of the finances of any township, city, incorporated town, borough or other municipality in which shall be situate a school district from which shall have been withheld as hereinbefore provided, the amount appor- tioned out of the reserve fund for the support of schools, shall forthwith appropriate to said school district, out of any funds under its control, a sum equal to the amount so withheld, and in case there shall be no funds available for such purpose, the body having control of the finances of such municipality shall borrow and ap- propriate a sum sufficient for such purpose, and shall place the amount so borrowed in the next annual tax levy, (a) 202. (179.) Ten per centum of the full amount of the State school tax annually raised shall be known as a reserve fund, and shall, on or before the fifteenth day of February in each year, be apportioned among the several counties by the State Board of Education equit- ably and justly according to its discretion. The Com- missioner of Education shall, on or before the fifteenth clay of January next ensuing said apportionment, draw an order on the State Comptroller in favor of each County Collector for ninety per centum of the amount (a) i. A mandamus will be allowed to compel townships to pay state and county taxes out of the first moneys collected. Veghte v. Bernards, i$ Vr. 338. 2. A peremptory mandamus will issue for the payment of State and county taxes by a city where it has collected sufficient moneys for city, county and State purposes to pay such taxes. Shields v. Paterson, 26 Vr. 495. SCHOOL LAW. 97 of the State school tax paid by said County Collector to the State Treasurer, and said County Collector shall apply for and be entitled to receive the amount of said order as soon as said order shall be received by him. The Commissioner of Education shall also draw his order in favor of each County Collector for such por- tion of the reserve fund as shall have been apportioned to his county as aforesaid, which order shall be payable when the total amount of said reserve fund shall have been received by the State Treasurer, (a) 203. (180.) The State Comptroller shall draw his warrant on the State Treasurer in favor of the County Collector of each county for the portion of the income of the State School Fund, of the State appropriation and State school tax to which said county shall be entitled, whenever such County Collector shall present orders for the same drawn by the Commissioner of Education. 204. (181.) The County Collector of each county shall receive and hold in trust that part of the State appro- ? tnS? priation and State school tax apportioned to his county, and shall pay the same to the custodians of the school moneys of the several school districts of his county on the orders of the County Superintendent of Schools, (b) collector. ] ne: (a) See section 292. (&) i. A county collector is not required or permitted to exercise any discretion as to how much of the State appropriation the several township collectors in the county are entitled to receive from him. The question as between these officers is settled conclusively by the order of the county superintendent of public schools. The notion that a county collector can, in any case, lawfully reduce the amount by setting up some counter-claim, whether in his own behalf or in behalf of his county, and whether against the township collector, personally, or against his township, is neither justified by the language nor consistent with the policy of our School laws. Herder v. Collector, &c., 7 Vr. 363. 2. The county collector of each county shall receive and hold in trust the State appropriation for public schools belonging to his county, and pay the same to the collectors of the several townshps and to the city treasurers only on the orders of the county superintendents, and is responsible for these moneys if otherwise expended. Elizabeth v. Sheridan, 13 Vr. 64. 3. A mandamus lies against a county collector who utilises to pay over school moneys. Herder v. Hunterdon, 7 Vr. 363. 4. A mandamus will be allowed for- the payment of the county superintend- ent's order for the State appropriation for public schools when the moneys 9 8 SCHOOL LAW. District boards to report to county su- perintendent. P. L. 1907, Chap. 122. School attendance. Apportion- ment of school moneys. Amount for supervisor or city superin- tendent. 205. (182.) The Board of Education of each school district shall, on or before the fifteenth day of March in each year, certify to the County Superintendent of Schools for the county in which such school district shall be situate, and on the blanks furnished for that purpose by the Commissioner of Education, the number of teachers who shall have been employed in the schools of such district for the full time the schools therein shall have been kept open during the then current school year, and the number of teachers who shall have been em- ployed in said schools for a portion of said year, but for a period of not less than four months, specifying the grade in which each of such teachers shall have been employed. There shall also be certified as aforesaid the number of pupils who shall have attended a public school in a district other than that in which they reside, and for whom tuition fees shall have been paid by the Board of Education, specifying the grade in which each of such pupils shall have been enrolled during said year, and also the number of such pupils for whom transporta- tion has been provided, and the cost thereof. The said County Superintendent of Schools shall, on or before the first day of April in each year, apportion to the several school districts of said county the State school moneys, and the interest of the surplus revenue in the following manner : I. (a) The sum of six hundred dollars to each dis- trict in which there shall have been employed a Super- vising Principal or City Superintendent of Schools, who shall have devoted his entire time to the supervision of the schools in such district, but if two or more districts shall have united in employing a Supervising Principal have been applied for school purposes in the preceding year beginning Janu- ary ist. Elizabeth v. Sheridan, 13 Vr. 64. 5. A county collector, upon mandamus, will be ordered to pay over to the treasurer of a town or township collector the amount of school moneys ap- portioned to said tlllrn or township, for which the collector holds the order of the county superintendent, although the town treasurer or township col- lector may owe to the county collector moneys due for State and county taxes. Plainfield v. Sheridan, 16 Vr. 276. SCHOOL LAW. 99 as aforesaid, the six hundred dollars apportioned for such principal shall be apportioned among said districts in the proportion that the number of teachers employed in each of said districts shall bear to the total number of teachers employed in all of the districts uniting in em- ploying said Supervising Principal, (a) (b) The sum of four hundred dollars for each assist- f^J^JJ ant superintendent and supervisor, other than the Super- superintend- vising Principal, employed in the district, and permanent teacher employed in a high school or high school depart- ment having a full four years' course of study, which shall have been approved by the State Board of Educa- tion, (b) (c) The sum of three hundred dollars for each per- For each nianent teacher employed in a high school or high school department having a full three years' course of study, which shall have been approved by the State Board of Education.(fr) (d) The sum of two hundred dollars for each per- For each teacher in nianent teacher employed in an ungraded school, or in a ^J d ^ less kindergarten, primary or grammar department or in a high school department having a course of study of less than three full years, which course of study shall have been approved by the State Board of Education. (b) (e) The sum of eighty dollars for each temporary For temporary teacher who shall have been employed for a period of not less than four months. (/) The sum of eighty dollars for each teacher em- For night ployed in an evening school for the full time such school teh*. shall have been maintained ; provided, the Board of Edu- Ptoviso. cation shall certify that said evening school has been maintained at least four months during the school year preceding that for which the apportionment shall be made; provided further, if any such teacher shall have Proviso, been also employed in the day schools of the same dis- (a) See section 96. (b) See section 3. div. X. 100 SCHOOL LAW. For each high school pupil in other district. For each pupil in ther district. For trans- ported pupil. Proviso. 75 per cent, of transporta- tion. Proviso. As to manual training teachers. trict, the apportionment aforesaid shall be made for such teacher in addition to any amount apportioned for him as teacher in such day schools. (g) The sum of twenty-five dollars for each pupil who shall have attended a high school or a high school department in a district other than that in which he re- sides, and for whom a tuition fee shall be paid by the Board of Education. (h) The sum of five dollars for each pupil who shall have attended an ungraded school or a kindergarten, primary or grammar school department, in a district other than that in which he resides, and for whom a tuition fee shall have been paid by the Board of Edu- cation. (i) The sum of two hundred dollars to each district in which the Board of Education shall have provided proper means for the transportation of pupils in accord- ance with the provisions of this act, so long as proper transportation shall be provided; provided, that no ap- propriation shall be made for transportation unless the services of a teacher shall have been dispensed with by reason of substituting transportion for the services of such teacher. < (&) Seventy-five per centum of the cost of transpor- tation of pupils to a public school or schools in a district other than that in which such pupils reside; provided, that such apportionment shall not be made to any dis- trict in which a schoolhouse shall be closed by reason of providing such transportation. In making such apportionment teachers employed in a manual training schopl or department in a district receiving an appropriation from the State for such man- ual training school or department and who shall have devoted at least one-half of the time the schools in said district shall have been kept open to school work other than manual training, shall be regarded as temporary teachers only, but no apportionment shall be made for SCHOOL LAW. 101 teachers who shall have devoted their entire time to teaching in such manual training school or department. II. He shall apportion to the several school districts ^^0^. of the county the remainder of said moneys on the basis ^ e y f s scl l cf the total days' attendance of all pupils enrolled in the public schools thereof as ascertained from the last pub- lished report of the Commissioner of Education. For the purpose of such apportionment an attendance upon an evening school shall be counted as one-half day's attendance. If a school in any district shall, on account of contagious disease, destruction of the schoolhouse by fire or otherwise, or for other good reason, be closed, for the purpose of this apportionment, such school shall be deemed to have been in session, and the total days' attendance upon such school for the time it shall have been closed as aforesaid shall be determined by dividing the actual total days' attendance of the pupils enrolled in such school by the number of days such school shall have been actually in session, and multiplying the quo- tient thus obtained by the number of school days such school shall have been closed. 206. (183.) On or before the fifteenth day of Septem- ^ a n ^. e paid ber in each year the custodian of the school moneys of each school district shall pay to the County Collector the balance of moneys apportioned to said district by the County Superintendent of Schools, which may then be in his hands to the credit of said district, and shall report forthwith to the County Superintendent of Schools the amount thus paid over, and the County Collector shall, on or before the first day of October in each year, report to trfe County Superintendent of Schools of his county the amount of money received by him by virtue of the provisions of this section, and said County Superin- tendent of Schools shall thereupon reapportion such R ea ppor- amount among all the school districts in said county. 1 The sum thus reapportioned shall be paid immediately by the County Collector to the several custodians of the school moneys of said districts on the orders of the 102 SCHOOL LAW. County Superintendent of Schools, and shall be available for the then current school year. The sum thus reap- portioned to any district shall be in addition to the sum apportioned to such district by the County Superin- viso. tendant of Schools for said school year; provided, that the County Superintendent of Schools may, for good cause shown, allow any such balance to remain in the hands of the custodian of the school moneys of such district to the credit of such district, and such balance may thereafter be used and expended by the Board of Education of such school district for the purpose of paying teachers' salaries and fuel bills, or, by and with the written consent of the County Superintendent of Schools, for the improvement of schoolhouses and grounds, the purchase of school furniture, or for any other purpose connected with the schools of such dis- trict, (a) ARTICLE: XVIII. Custodian of school moneys. Ibid. Orders Proviso. CUSTODIAN OF SCHOOIv MONEYS. 207. ( 184.) In each school district there shall be a cus- todian of school moneys, who shall receive and hold in trust all school moneys belonging to such school district, whether received from the State appropriation, State school tax, district tax, appropriation, or from other sources, and shall pay out the same only on orders signed by the president and district clerk or secretary of the Board of Education. Each order shall specify the object for which it shall be given, and shall be made payable to the order of and shall be indorsed by the person entitled to receive the amount named therein; provided, that in the payment of teachers' salaries a pay-roll, certified by the president and district clerk or secretary of the Board of Education, stating the names of the teachers and the amount to be paid to each, may be delivered to the cus- (a) For railroad tax see sections 290 to 295. SCHOOL LAW. 103 todian of school moneys, accompanied by one order or warrant, drawn to his order, for the full amount of said pay-roll, in which case said custodian shall deliver to said district clerk or secretary individual checks payable to the order of said teachers. Said custodian shall pay over the balance of school funds remaining in his hands to his successor in office. He shall keep in the books provided for that purpose a record of the sums received and paid out by him. At the close of the school year he shall transmit to the Board of Education of the district a report showing the amounts received and disbursed by him for school purposes during said year, and shall file a duplicate of such report with the County Superin- tendent of Schools. (a) 208. (185.) The person designated by law as the cus- todian of the moneys belonging to the municipality in which the school district shall be situate, or the collector, when designated by such Board of Education, shall be the custodian of the school moneys of such district, and shall receive such compensation as the township com- mittee, common council, or. other governing body of such municipality shall determine, which compensation shall be paid by said township committee, common council or other governing body from the funds of the township, incorporated town, borough, city or other municipality, and the bonds given by said collector or other person for the faithful performance of his duty as such officer, shall be held to cover and secure the faithful perform- ance of his duty as custodian of school moneys, and the bondsmen thereon shall be liable therefor; and his bondsmen shall remain and be legally bound for the faithful performance of his duties as such custodian until the final settlement of his accounts; nothing in this article shall be construed as giving to the township committee, common council or other governing body of any municipality any control over moneys belonging to the school district in the hands of the custodian of the Annual report. Municipal custodian of school funds. P. L. 1908, Chap. 223. Bond. (a) See foot-notes to section 100. 104 SCHOOL LAW. Moneys held in trust. Joint school district. Payment of moneys to custodian. P. L. 1903, Special session. school moneys of said district, but said money shall be held by such custodian in trust, and shall be paid out by him only on orders legally issued and signed by the president and district clerk or secretary of the Board of Education; any ordinance, by-law or resolution of a township committee, common council or other governing body of any municipality attempting to control such moneys, or which shall in any way prevent the custodian of the school moneys of the school district from paying the orders of the Board of Education as and when they shall be presented for payment shall be absolutely void and of no effect; whenever any school district shall contain more than one municipality the Board of Educa- tion may appoint a suitable person as custodian of school moneys of said district, and may fix his salary and term of office. Such custodian shall give bonds for the faithful discharge of his duties in such amount and with such sureties as said board shall direct, but such bonds shall be for a sum not less than the amount apportioned to said district by the County Superintend- ent of Schools; until the appointment of a custodian of school moneys by the Board of Education, the collector or other person residing in the municipality situate in such school district having the largest amount of taxable property shall be custodian of the school moneys of such district, (a) 209. (186.) The collector or treasurer of each munici- pality in which a school district shall be situate, shall pay to the custodian of the school moneys of such school dis- trict the amount ordered to be assessed, levied and col- lected in such municipality for the use of the public schools therein exclusive of the State school tax, on the requisition or requisitions of the Board of Education. (&) (a) Money raised and placed in the hands of an officer for a specific purpose cannot be lawfully applied to any other purpose. Hoboken v. Ivison, &fc., 5 Dutcher 65. (&) A township collector is not required to pay over to the township com- mittee taxes which he is directed by the legislature to pay over to other persons or to retain in his own keeping as their official custodian. Hardyston v. Harden, 39 Vr. 76. SCHOOL LAW. 105 210. (187.) Whenever there shall have been estab- S ingfund> lished a sinking fund for the payment of school bonds and there is no officer or body designated by law as the custodian of the funds belonging to such sinking fund, the custodian of the moneys of the corporation which shall have issued such bonds shall be the custodian of the securities and moneys belonging to such fund, and the bondsmen on his bond as such custodian shall be liable for the safekeeping of said fund. 211. (188.) Whenever any order for payment of the wi^n school orders draw current expenses of a public school shall be drawn and jJJJ eft issued by any Board of Education on the custodian of the school moneys of such district, and there shall be no funds in the hands of such custodian to pay the same, such order shall bear legal interest until such time as said custodian shall have funds to pay the same, of which fact he shall give public notice, whereupon said interest shall cease. \ 212. (189.) If any custodian of the school moneys of n " any school district shall fail to make and transmit his report to the Board of Education of the district, or shall fail to make and transmit his report to the County Su- p.' 9 perintendent of Schools on or before the first day of August in any year, he shall forfeit to said school district the sum of ten dollars for each day thereafter until he shall have made and transmitted his report to the Board of Education of the district and to the County Superin- tendent of Schools. Said sum shall be sued for and col- lected by the district clerk or secretary of the Board of Education of said district in any court of competent jurisdiction. ARTICLE XIX. STATE NORMAL, SCHOOL. 213. (190.) State normal schools shall be maintained normal schools. for the purpose of training and educating persons in the |- i-. io6 SCHOOL LAW. Free tuition. Supervision. Ibid. Treasurer. Ibid. Repairs and insurance. Ibid. Pupils; number, declaration. Tbid. Model schools. Ibid. science of education and art of teaching. The name and title of each such school shall be designated by the State Board of Education. Tuition in said schools shall be free. 214. (191.) The State Board of Education shall have the control and care of the buildings and grounds owned and used by the State for normal schools and of the funds for the support thereof; shall appoint and re- move principals, teachers and other employes, and shall fix their salaries; shall purchase and furnish text-books, apparatus and supplies for the use of the pupils; shall prescribe courses of study for such schools; shall make rules for their management and shall grant diplomas. 215. (192.) The State Board of Education shall ap- point a suitable person as treasurer of each of said schools, and shall fix his salary. All bills and charges for the maintenance of said schools, except as herein- after provided, shall be paid by the treasurer thereof upon the certificate of said board. 216. (193.) Said board shall order necessary repairs to the grounds, buildings and furniture of said normal schools, and shall keep said buildings and furniture in- sured. The State Comptroller shall, upon the certificate of said board, draw warrants upon the State Treasurer for the payment of the cost thereof. 217. (194.) Each county shall be entitled to at least six times as many pupils in such schools as it shall have representatives in the Legislature. In case any county shall not have the full number of pupils to which it shal) be entitled, pupils may be admitted from other counties. Pupils when admitted shall sign a declaration that they intend to teach in the public schools of this State for at least two years immediately after being graduated, unless excused temporarily by the State Board of Edu- cation, and that if they do not so teach they will refund to the State the cost of their education. 218. (195.) The State Board of Education may main- tain model schools under regular teachers, in which SCHOOL LAW. 107 NormaUchoot* p. L. 1910, ' pupils of the normal schools shall have the opportunity to observe and practice approved methods of instruction and discipline. 219. (i.) The moneys collected by the State Board of Education for tuition fees from the model school and for board at the boarding halls connected with the State normal and model schools, and paid into the State treasury pursuant to the provisions of an act entitled "An act regulating the receipt and disbursement of State moneys in certain cases," approved October thirty-first, one thousand nine hundred and seven, and the supple- ments thereto and amendments thereof, shall be held in trust by the State Treasurer, no part thereof to lapse into the general fund of the State at the close of the State fiscal year, and shall be paid out by the State Treasurer upon the warrant of the Comptroller for the maintenance of the normal school boarding halls and the model school upon bills duly certified and audited by the State Board of Education. 220. (2.) In the purchase of provisions and supplies for the boarding halls of said schools the State Board of Education is authorized to purchase by contract or other- wise, without first advertising for bids for the same, as it shall deem for the best interests of the schools. ARTICLE XX. NEW JERSEY SCHOOL FOR THE DEAF. 221. (196.) A school shall be maintained for the pur- p a e j 903 pose of training and educating deaf children. The name ^gJion 1 . and title of said school shall be "The New Jersey School for the Deaf." Tuition in said school shall be free. Free tuition. 222. (197.) The State Board of Education shall have Control, the control and care of the buildings and grounds owned ibld. er and used by the State for a school for the deaf and the funds for the support thereof; shall appoint and remove a superintendent, teachers and other employes and shall fix their salaries; shall purchase furniture, text-books, school apparatus and other supplies; shall make rules io8 SCHOOL LAW. Maintenance. Ibid. Advertise- ments for supplies. Award contract. Qualifications of pupils. Ibid. Proviso. and regulations for the government and management of said school and for the admission of pupils thereto. 223. (198.) All improvements, additions and repairs to the buildings of said school and the furnishing thereof shall be by contract, after due notice given and specifica- tions furnished. The State Board of Education shall in- vite proposals twice in each year, at intervals of six months, for supplying said school with dry goods, wear- ing apparel, groceries, provisions, vegetables, fuel, illu- minating material and all other articles the necessity of which it shall be practicable to determine as being needed for the then ensuing six months. The standard quality of such articles shall be determined by the board, and standard samples of non-perishable articles shall be kept in the office of the superintendent for the inspection of bidders. The inviting of proposals shall be advertised for ten consecutive days in two daily newspapers pub- lished in the city of Trenton, which advertisement shall classify the articles which shall be grouped in each bid, and shall also state, as nearly as practicable, the quantity needed, and that said goods are to be delivered during the next ensuing six months as ordered by said superintendent. Said board shall award the contract to the lowest responsible bidder on each class or group of articles advertised for, and shall require contractors to enter into suitable bonds for the faithful performance of said contracts. But said board shall have the right to reject any and all bids not considered by it to be in the interests of said school. 224. (199.) Deaf persons of suitable age and capacity for instruction who shall be legal residents of this State and not over twenty-one years of age, shall be entitled to the privileges of the school for such a period of time, not exceeding fourteen years, as the State Board of Education shall determine; provided, that whenever more persons apply for admission at one time than can be properly accommodated in said school, said board shall so apportion the number received that each county SCHOOL LAW. 109 shall be represented therein in the ratio of its deaf popu- lation to the total deaf population of the State. Ap- ^ l S^ n . plication for admission into said school shall be made to the State Board of Education by a parent, guardian or friend of the proposed pupil in such manner as said board shall direct, but the board shall require such appli- cation to be accompanied by a certificate from the judge of the inferior court of common pleas or the county clerk of the county, the chosen freeholder or clerk of the township, the mayor or other executive officer of the city, borough or other municipality in which the applicant shall reside, setting forth that the applicant is a legal resident of the township, city, borough or other munici- pality claimed as his or her residence, and the age, circumstances and capacity of such proposed pupil, and the ability or inability of such proposed pupil or of his or her parent or guardian to pay any part of the expense of the care and maintenance of such proposed pupil. Whenever said board shall be satisfied that the resources when charge of any person applying for admission to such school or being a pupil thereat, or those of his or her parent or guardian shall be sufficient to defray either the whole or a part of the expense of maintaining such pupil, said board may require such parent or guardian to pay either the whole or such portion of the annual expense of main- taining such pupil as it shall deem just and equitable. 225. (200.) The State Board of Education shall ap- Treasurer, point some suitable person treasurer of said school and shall fix his salary. All bills and charges for the main- tenance of said school shall be paid by said treasurer upon the certificate of said board. AJRTICLE XXI. MANUAL TRAINING AND INDUSTRIAL SCHOOL FOR COL- ORED YOUTH. 226. (201.) The "Manual Training and Industrial Control of Bordentown School for Colored Youth" (now located at Bordentown) no SCHOOL LAW. Tuition free. Number of )upils. Ht Annual ap- propriation to Borden- town school. P. L. 1907. p. 285. Treasurer. P. Iy. 1903, Special session. shall be hereafter conducted and managed by the State Board of Education, which board shall have the full man- agement and control thereof; shall have the care and charge of the buildings and property thereof; the appli- cation and expending of the funds provided or appropri- ated for the support thereof; the appointment and re- moval of a principal, teacher and other employes ; the fix- ing and paying of their salaries ; the power to prescribe the studies and exercises of said school and rules for its management, and for the admission of pupils thereto. Tuition in said school shall be free. 227. (202.) Each county shall be entitled to as many pupils in said school as it shall have representatives in the Legislature, but in case any county shall not have in said school the full number of pupils to which it shall be entitled, pupils may be admitted from other counties. 228. (203.) In lieu of all claims, rights and title that the "Manual Training and Industrial School for Colored Youth" has or may hereafter have upon the annual ap- propriation coming to this State from Congress under the provision of the supplement to the act of Congress of August thirteenth, one thousand eight hundred and ninety, a sum not to exceed twelve thousand dollars may be annually appropriated for the maintenance of said school out of any money in the Sftate treasury not other- wise appropriated. 229. (204.) The State Board of Education shall ap- point some suitable person treasurer of said school and shall fix his salary. ARTICLE XXII. MANUAL TRAINING. Appropriation. Ibid. 230. (205.) Whenever in any school district there shall have been raised by special tax or by subscription or both, a sum not less than two hundred and fifty dol- lars for the establishment in such district of a school or SCHOOL LAW. in schools for industrial education or manual training, or for the purpose of adding industrial education or manual training to the course of study then pursued in the school or schools of such district, there shall be paid for such purpose to the custodian of the school moneys of said district, on the order of the Commissioner of Educa- tion, an amount equal to that raised therein as afore- said, which amount shall be paid by the State Treas- urer on the warrant of the State Comptroller. When- ever such school or schools shall have been estab- lished in any district, or said industrial education or manual training shall have been added to the course of study in the school or schools of any district, there shall be paid to such district in like manner for the main- tenance and support thereof a sum equal to that raised each year in the district for such purpose; provided, Proviso. that the course of study in industrial education or man- ual training established under the provisions of this section shall be approved by the State Board of Educa- tion ; and provided further, that the moneys appropriated Proviso. by the State as aforesaid to any school district shall not exceed in any one year the sum of five thousand dollars. The custodian of the school moneys of the ^fJJJlg 11 school district shall be the legal custodian of any and all funds subscribed, appropriated or raised for the purpose of carrying out the course of study contemplated by this section, and he shall keep a separate and distinct account thereof, and shall disburse said moneys on orders signed by the president and district clerk or secretary of the Board of Education. 231. (206.) In case the sum necessary as aforesaid to Additional x managers. obtain the State appropriation or any part thereof shall Ibid - have been raised by private subscription, the Board of Education of any school district in which there shall have been established a separate school for industrial education or manual training under the provisions of this article, may select from among the donors of such 112 SCHOOL LAW. Re-port. Tbid. sum not more than six persons to assist said board in the management of said school. 232. (207.) The Board of Education of any school district receiving an appropriation from the State for the purpose mentioned in this article shall annually, on or before the first day of August, make a special report to the Commissioner of Education in the manner and form prescribed by him. ARTICLE XXIII. SCHOOL LIBRARIES. Library ap- propriation. Ibid. Selection of books. Ibid. Joint ibrary. 233. (208.) The State Comptroller shall draw his warrant on the State Treasurer upon the order of the Commissioner of Education, and in favor of the cus- todian of the school moneys of a school district for the sum of twenty dollars for any public school situ- ate in such district for which there shall have been raised by special district tax, subscription or entertainment a like sum to establish in such school a school library, or to procure books of reference, school apparatus or educa- tional works of art; and the further sum of ten dollars annually upon a like order, upon condition that there shall have been raised by special district tax, subscrip- tion or entertainment a like sum for the maintenance of such library for such year. 234. (209.) All selections of articles aforesaid pur- chased in part by State funds shall be approved in such manner as the State Board of Education may by rule direct. 235. (210.) In any school district in which there shall be more than one schoolhouse, the school library com- mittees of two or more of such schools may consolidate and establish in one place the school libraries under their control, and said committees shall constitute a joint committee for the control and management of such con- solidated library. SCHOOL LAW. 113 ARTICLE XXIV. TEACHERS' LIBRARIES. 236. (211.) Whenever in any county there shall have t s e up ^, of been raised by subscription a sum of money not less libraries. than one hundred dollars for the establishment of a library of pedagogical books for the use of the teachers of the public schools, the State Comptroller shall, upon the order of the Commissioner of Education, draw his warrant on the State Treasurer in favor of the County Superintendent of Schools of said county for the sum of one hundred dollars for the benefit of such library, and annually thereafter there shall be paid on a like order a sum not less than fifty dollars nor more than one hundred dollars, upon condition that there shall have been raised by subscription a like sum for the main- tenance of such library for such year. 237. (212.) The County Superintendent of Schools Committee^ and three teachers of public schools in such county ap- Ibid - pointed by him shall constitute a committee to select and purchase books and apparatus for such library, and to make rules and regulations for the management, use and safekeeping thereof. ARTICLE XXV. (a) TEACHERS' RETIREMENT FUND. 238. (213.) There shall be a Board of Trustees, to be Trustees of known as "The Board of Trustees of the Teachers' Re- fundThow composed. tirement Fund. Said board shall be composed of the p-^ 5 I9 7 ' Commissioner of Education, three persons, not teachers, and not eligible to membership in said fund, to be selected by the Governor, and five persons mem- bers of said fund, nominated as is hereinafter pro- Co) Article XXV is not a private, local or special law. The title of "An act to establish a thorough and efficient system of free public schools and to provide for the maintenance, support and management thereof," expresses a single object and the creation of the Board of Trustees of the Teachers' Retirement Fund is germane thereto and one of the products of the act. Allen v. Passaic, 79 Atl. Rep. 101. SSL SCHOOL LAW. Office. Annual convention. Ibid. Term. vidcd. The eight persons so selected or nominated shall be appointed by the Governor. Said trustees shall be appointed each for a term of four years, and in the Vacancies. place of any trustee whose term shall expire a successor shall be appointed in like manner for the term of four years. A vacancy in said board shall be filled by the Governor for the unexpired term in the case of a trustee to be selected by the Governor as aforesaid, and until the next annual convention in case of a trustee nominated as is hereinafter provided. At said conven- tion a person shall be nominated to fill the vacancy for the unexpired term. A suitable office in the State House at Trenton shall be provided for said Board of Trustees. 239. (214.) The annual convention of the Teachers' Retirement Fund shall be held at the State House in Trenton, at twelve o'clock noon, on the last Saturday in September of each year, for the purpose of nominating members of the Board of Trustees of the Teachers' Re- tirement Fund, of receiving the report of said board, and for the transaction of any other business properly within Delegates. its jurisdiction. Said convention shall be composed of delegates from each county in the State, selected as is hereinafter provided. Said convention shall be called to order by the president of the Board of Trustees, and shall organize by the election of a chairman and a secre- tary. Bach county shall be entitled to be represented in such convention by one delegate for each one hundred teachers in said county who are members of the fund, and one delegate for any fraction over fifty; provided, that each county shall be entitled to at least one delegate. Said delegate shall be elected by the vote of a majority of the members of the fund in the county who shall be present at a meeting held for the purpose of electing such delegates. Said meeting for the election of dele- gates shall be held at such convenient place as shall be selected by the County Superintendent of Schools. Notice of. Notice of the time and place of said meeting shall be issued by said County Superintendent at least ten days Proviso. County convention. SCHOOL LAW. 115 before the date of said meeting. S'aid meeting shall organize by the election of a chairman and a secretary. Organization. Said secretary shall, within five days after said meeting, forward to the president of the Board of Trustees of the Teachers' Retirement Fund a certificate con- taining the names and addresses of the delegates elected to the annual convention. In case of a vacancy in the County * delegates. delegation from any county, the remaining delegates from such county may fill such vacancy by appointing a teacher in said county, who shall possess the qualifica- tions hereinbefore prescribed for delegates to such con- vention. A majority of all the delegates entitled to seats in said convention shall constitute a quorum for the transaction of business. 240. (215.) The officers of the Board of Trustees of loaned or invested; but in case the loan is on unimproved or un- productive real estate, the amount loaned thereon shall not be more than thirty per centum of its actual value ; SCHOOL LAW. 117 and no investment in any bond and mortgage shall be made except upon the report of a committee of at least three of the trustees, and two members of which com- mittee shall certify in writing to the value of the premises mortgaged or to be mortgaged, according to their best judgment; such report shall be filed and preserved among the records of the trustees of the fund. VII. In such real estate as shall have been purchased or acquired by the fund at the sales upon the foreclosure of mortgages owned by the fund, or upon judgments or decrees obtained or rendered for debts due to it, or in settlements effected to secure such debts or in satisfac- tion of such mortgages ; and all such real estate shall be sold by said fund within five years after the same shall have been so purchased, unless, upon application to the Commissioner of Banking and Insurance, he shall ex- tend the time within which such sale shall be made. All moneys so invested shall be deemed to be part of the permanent principal of said fund, and the income arising from said moneys so invested, together with all moneys received by donation, gift, legacy, bequest, de- fnJjj t e ie s f vise or otherwise, and which shall not be specifically directed to be made a part of the permanent principal of said fund, shall be available for the payment of annuities under this article. All moneys received in payment of principal of bonds or other securities held by said fund shall be reinvested, and shall remain a part of said per- manent principal. The fiscal year of said fund shall Fiscal year, begin on the first day of July and end on the thirtieth day of June. Said board shall present, at each annual Annual convention of the Teachers' Retirement Fund, a report of the condition of said fund for the last preceding fiscal year, showing the receipts and disbursements on ac- count of the fund, together with a list of the beneficiaries thereof. A copy of said report shall be sent to the Governor, and a copy to the State Board of Education, which copy shall be included in the report of the said board to the Legislature. The necessary clerical and n8 SCHOOL LAW. Expenses of fund met by state. Treasurer of fund. Ibid. Accounts kept and report. Annuitants. Ibid. Proviso. Amount paid in must equal annuity. other expenses incurred by the Board of Trustees and by the State Treasurer in the administration of said fund shall be paid by the State Treasurer, on the war- rant of the State Comptroller, upon orders signed by the president and secretary of said board. 241. (216.) The State Treasurer shall be, ex oMcio, treasurer of the Teachers' Retirement Fund. He shall receive all moneys payable to said fund, and pay out the same only on warrants or orders signed by the president and secretary of the Board of Trustees. All warrants or orders, when so signed, shall be full authority for the acquittance of said treasurer for all payments from said fund. Steiid treasurer shall give receipts for all moneys received by him for said fund; shall keep full and correct accounts of the financial transactions con- nected therewith, and shall make an annual report to the Board of Trustees, at its meeting in September, of the receipts and disbursements, and other financial transac- tions connected with said fund. 242. (217.) Whenever any member of the Teachers' Retirement Fund shall have taught or shall have been employed in the public school system in this State, or in any school in this State supported wholly or in part by public moneys raised under the authority of any law of this State, for a period or periods aggregating at least twenty years, and shall, in the judgment of the Board of Trustees of said fund, have become incapacitated from performing the duties of a teacher, or of such other employment as aforesaid, such person shall, at his or her request, be retired, and shall thereafter receive an annuity out of said fund equal to six-tenths the average annual salary received by such person for the five years of employment next preceding the date of retirement; provided, that no annuity shall be less than two hundred and fifty dollars nor more than six hundred and fifty dollars. In case the amount paid to the fund by any applicant at the time he or she shall apply for retire- ment shall not be equal to at least the amount of his or SCHOOL LAW. 119 her annuity for one year, said applicant shall, before he or she shall be paid any annuity, either pay into said fund such sum as shall, together with the sums thereto- fore paid by such applicant, equal one year's annuity as aforesaid; or, in lieu thereof, shall give to the Board of Trustees authority, in writing, to withhold all pay- ments due to him or her on account of such annuity until the sum so withheld shall be equal to the amount due the fund as aforesaid, and to credit his or her ac- count with the sum so withheld as full satisfaction of the amount owing the fund by said applicant. Applica- Application tion for retirement with annuity shall be filed with the Board of Trustees while the applicant is in actual service, or within two years after he or she shall have discon- tinued teaching or such other active employment as aforesaid. The decision of the Board of Trustees shall, subject to appeal to the State Board of Education, de- termine the right of the applicant to any annuity. The payment of any annuity shall be suspended whenever the annuitant has resumed teaching or such other active employment as aforesaid, but such payment may be re- newed whenever evidence shall be presented to the Board of Trustees that such annuitant has again discontinued teaching or such other active employment as aforesaid. Any member of said fund who shall discontinue teach- ^ s e h n ip mem ' ing or such other active employment as aforesaid, for c any cause other than by reason of having become in- capacitated as aforesaid, shall cease to be a member of said fund; but upon resuming teaching or other active Deductions employment as aforesaid, the deductions thereafter made ing teachin *- from his contractual monthly salary shall be based on his length of service in teaching or other active employment as aforesaid at the time he resumes teaching or such em- ployment. The amount theretofore paid on his account to the Teachers' Retirement Fund shall be deemed to be a part of the total amount to be deducted from his salary and paid to said fund. 120 SCHOOL LAW. Annuities paid quar- terly. Ibid. How fund constituted. 2 per cent, from teachers of ten years or less. 2j4 per cent, from teachers between ten and fifteen years. 3 per cent, from teachers for fifteen years or more. Total deduc- tions. Quarterly settlements between teacher and fund; method. 243. (218.) All annuities shall be paid in quarterly installments on the last day of September, December, March and June, and each annuity granted shall date from the day on which definite action thereon shall have been taken by the Board of Trustees. 244. (219.) The retirement fund herein provided for shall be made up as follows : I. Two per centum of the contractual monthly salaries of all members of the fund who were or who shall have been teachers, or shall have been employed as is herein- after provided, ten years or less when they became or shall become members of the fund. Two and one-half per centum of the contractual monthly salaries of all members of the fund who were or who shall have been teachers, or shall have been em- ployed as is hereinafter provided, over ten years, but less than fifteen years, when they became or shall be- come members of the fund. Three per centum of the contractual monthly salaries of all members of the fund who were or who shall have been teachers, or shall have been employed as is here- inafter provided, fifteen years or more when they be- came or shall become members of the fund. No deductions made under the provisions of this article from the salary of any teacher shall exceed fifty dollars in any year. The total amount of deduction on account of any member shall not exceed the sum of one thousand dollars. The amount due the Teachers' Retirement Fund shall be reserved or deducted from each warrant or order for salary given to each member of the fund by the Board of Education or other board or officer as shall be re- quired by law to give such warrants or orders, and the said board or officer shall, between the first and twen- tieth days of March, June, September and December, draw a warrant for the amounts so reserved and de- ducted in favor of the custodian of the school moneys of the district or school in which such member shall be trustees. SCHOOL LAW. 121 employed, and the said custodian shall, immediately upon receipt of any such warrant or order, forward to the State Treasurer the amount of money named therein, together with a list of the names, the monthly salaries, the amounts deducted, and the percentage rates respec- tively, of the persons from whose salaries the deductions represented thereby have been made. II. All moneys and property received by donation, Gifts, iega- . . ues, etc gift, legacy, bequest, devise, or otherwise, for or on account of said fund. III. All interest on investments, and other moneys interest from .,., .,.. . ft - V * investments. which may be raised for the increase of said fund. 245. (220.) Said Board of Trustees shall have power : Power of I. To frame and modify by-laws for its own govern- ment not inconsistent with the laws of this State; to elect its president and other officers, and to prescribe and enforce rules and regulations necessary to carry into effect the provisions of this article. II. To subpoena witnesses and compel their attend- Subpoena witnesses. ance to testify before it in all matters relating to the operation of this article, and any member of said board may administer oaths or affirmations to such witnesses. III. To fix the salary and the term of office of secre- Salary of secretary. tary of said board. IV. To draw its warrants upon the State Treasurer p ay r i f i f f f. annuities. for the payment out of said fund of all annuities pay- able under the provisions of this article; the members of said board, excepting the secretary, shall serve with- out compensation, but the State Treasurer shall, upon the warrants of the State Comptroller, pay their neces- sary expenses; provided, that if said board shall elect p r0 viso. one of its members secretary, such member may receive compensation for services rendered as secretary. V. By the name of "The Board of Trustees of the Corporate t-r\ -r\ name Teachers Retirement Fund," to sue and be sued, com- plain and defend, in any court of law or equity. VI. To have, hold, purchase, sell, assign and transfer Control of ... . funds and any or the securities in which any part of the said re- securities. 122 SCHOOL LAW. Waiver of present rights, and acceptance of this act. Ibid. Form of waiver and acceptance. Copy of notice filed with school board. When those entitled to may join fund.' tirement fund may be invested, and any moneys belong- ing to said fund. 246. (221.) I. Any person who is now a member of the Teachers' Retirement Fund may, on or before the first day of January, one thousand nine hundred and nine, waive all rights and privileges he now has as such member and accept the provisions of this act, with all its rights and privileges, by signing and delivering to the Board of Trustees of said fund a notice substantially in the following form: To the Board of Trustees of the Teachers' Retirement Fund: You are here notified that I hereby waive all rights and privileges as a member of the Teachers' Retirement Fund under the provisions of any act heretofore passed by the Legislature, and that I hereby accept the provi- sions of an act entiled "An act to amend an act entitled 'An act to establish a thorough and efficient system of free public schools, and to provide for the maintenance, support and management thereof,' approved October nineteenth, one thousand nine hundred and three," ap- proved (here insert the date of approval of this act), and that I do hereby agree to be bound thereby. Dated A copy of said notice shall be filed with the Board of Education or other body by whom he or she shall be employed. Any member of the fund as aforesaid who shall not file such notice shall continue to be bound by the provisions of the statute in force at the time he or she became a member of the fund, and shall be entitled only to such benefits as are thereby conferred. II. Any person now entitled to membership in said fund, but who has not heretofore become a member, may join said fund on or before the first day of January, one thousand nine hundred and nine, by signing and de- livering to the Board of Education, Board of Trustees. SCHOOL LAW. 123 or other body by whom he or she shall be employed, a notice substantially in the form hereinbefore prescribed. III. Any person who may become entitled to mem- bership in said fund after this act shall take effect as shall give such notice on or before the first day of January, one thousand nine hundred and nine. IV. Every person who shall be appointed to any posi- tion hereinafter designated on or after the first day of January, one thousand nine hundred and eight, shall become a member of the fund by virtue of such appoint- ment; provided, this shall not apply to any member Proviso - of the fund, of to any person eligible to membership in said fund, prior to January first, one thousand nine hun- dred and eight, (a) 247. (222.) Any member of said fund who shall cease to teach or be employed in the school or position in which fgf i he or she shall have been employed, and who shall be employed in any other school or position, shall imme- diately give written notice to the Board of Education, or other body having control of the school or position in which he or she shall be employed, that he or she is a member of the Teachers' Retirement Fund, and said notice shall direct that the prescribed per centum of his or her contractual monthly salary be deducted monthly and forwarded quarterly to the State Treasurer as is hereinbefore provided. Such member shall send a copy of said notice, with his or her address, to the secretary of the Board of Trustees of the Teachers' Retirement Fund, and another copy of said notice to the State Treasurer. 248. (223.) It shall be the duty of all Boards of Edu- cation or Boards of Trustees, or other officers charged n e d m dS5ct P with the appointment or engagement of persons entitled ibid? ntaBe ' to membership in the Teachers' Retirement Fund, to learn if a person so appointed or engaged is a member of (a) The provisions of this section become a part of the contract entered into by a person accepting, after January ist, 1908, any position designated in said article, by the mere fact of acceptance, and authorize the deduction and detention, for the Teachers' Retirement Fund, of the percentage pre- scribed by the School Law. Allen v. Passaic, 79 Atl. Rep. xoi. 124 SCHOOL LAW. Eligibility to membership. Ibid. Appropriation for expenses of teachers' retirement fund. P. L. 1905, Chap. 95. Proviso. Proviso. Salaries of teachers. P. L. 1903, Special session. said fund, and if such be the case, to deduct the percent- age of such salary due to said fund from his or her con- tractual monthly salary and remit the same to the State Treasurer as is hereinbefore provided. 249. (224.) Any teacher, teacher-clerk, principal, supervisor, supervising principal or superintendent who shall teach or be employed in the public schools of this State, or in any normal, model or reformatory school of this State, or in any other school of this State supported either wholly or in part by public moneys raised under the authority of any law of this State, and any city, county or State superintendent of the public schools of this State, shall be eligible to membership in the Teachers' Retirement Fund. 250. (i.) The sum of fifteen hundred dollars, or such part thereof as may be necessary, be and the same is hereby appropriated annually for the payment of the expenses of the Board of Trustees of the Teachers' Re- tirement Fund provided for by article twenty-five of the act to which this is a supplement, for the administration of said fund, including the expenses of the State Treas- urer and all clerical and other expenses of said Board of Trustees of the Teachers' Retirement Fund under the direction of the State Treasurer; provided, that no ex- penses shall be incurred for which the State shall be liable in connection herewith, unless first approved by the State Treasurer; and provided further, that such expenditure shall be in nowise a guarantee on the part of the State as to the security, condition or prospects of the fund. ARTICLE XXVI. SALARIES Of TEACHERS AND PRINCIPALS. 251. (225.) Teachers hereafter employed in any graded school in this State supported in whole or in part by State moneys shall receive salaries proportioned to their experience and success in the school district where they may be employed, such salary, in the case of every SCHOOL LAW. 125 teacher whose experience and success have been prop- erly certified to, to be not less than the amount provided for such teacher in the following schedule : Aissistant teachers in primary and grammar schools and kindergartens: Less than two years' experience, four hundred and depar eight dollars per annum; Two years' and less than three years' experience, four hundred and fifty-six dollars per annum; Three years' and less than four years' experience, five hundred and four dollars per annum ; Four years' and less than five years' experience, five hundred and fifty-two dollars per annum ; Five years' and less than six years' experience, six hundred dollars per annum; Six years' and less than seven years' experience, six hundred and forty-eight dollars per annum! ; Seven years' and less than eight years' experience, six hundred and ninety-six dollars per annum; Eight years' and less than nine years' experience, seven hundred and forty-four dollars per annum; Nine years' and less than ten years' experience, seven hundred and ninety-two dollars per annum; Ten years' and less than eleven years' experience, eight hundred and forty dollars per annum; Eleven years' and less than twelve years' experience, eight hundred and eighty-eight dollars per annum ; Twelve years' experience and upwards, nine hundred and thirty-six dollars per annum; Principals of schools containing grammar and pri- mary departments: Less than one year's experience as such principal, one thousa*nd eight hundred dollars per annum; One year's and less than two years' experience, one thousand nine hundred dollars per annum; Two years' and less than three years' experience, two thousand dollars per annum; 128 SCHOOL LAW. Principals of primary departments in training schools. Teachers of methods in training schools. Principals of training schools. Proviso. Proviso. Principal of primary department of training schools for teachers . Less than one year's experience, one thousand five hundred dollars per annum, and for each year's experi- ence thereafter, at an additional salary of one hundred dollars per annum, to not less than the sum of one thou- sand seven hundred dollars per annum; Teachers of methods or supervisors of methods of training school for teachers : Less than one year's experience, one thousand five hundred dollars per annum, and for each year's experi- ence thereafter, at an additional salary of one hundred dollars per annum, to not less than two thousand dollars per annum; Principals of training schools for teachers : Less than one year's experience, two thousand five hundred dollars per annum, and for each year's experi- ence thereafter, at an additional salary of one hundred dollars per annum, to not less than three thousand dol- lars per annum; provided, that if the annual salary of any teacher now employed in any graded school of any school district is less than the amount required to be paid to such teacher by the preceding schedule, the salary of such teacher shall, if such teacher's experi- ence is approved as successful, be increased by adding thereto, annually, beginning with the first day of the fiscal year next succeeding the adoption of this article, in the manner provided in section two hundred and twenty-six of this act, a sum equal to the annual in- crease provided in the preceding schedule for the class to which such teacher belongs, until such teacher's salary shall be in accordance with the schedule; and provided further, that the annual salary paid to any principal or vice-principal hereafter appointed shall not exceed the annual salary paid at the time such appointment is made to principals and vice-principals of the same class respectively, and that the salary of every such appointee shall, if the experience of such appointee proves to be SCHOOL LAW. 129 successful, be increased annually by the amount and in the manner described in this section, until the salary of such appointee shall be in accordance with the preced- ing schedule. 252. (226.) The Board of Aldermen, Common Council Refcrendum| or other governing body of any municipality of this State $$; may, by resolution, submit the question of the accept- ance or rejection of this article to the voters of such municipality at any general or charter election to be held therein, whereof at least ten days' notice shall be given by public advertisement in two daily newspapers of this State, circulating in such municipality, and if a majority of those who shall vote for the acceptance or rejection thereof shall be in favor of the acceptance of this article, then this article shall go into effect at the commencement of the then next fiscal year in such school district, and the grant of power herein made shall be deemed to be accepted by such school dis- trict and such district shall be bound by the terms of this article ; persons entitled to vote at any election where this question is submitted to them shall express their assent or rejection of this article in the manner provided in "An act to regulate elections" (Revision of 1898). There shall be a canvass on the return of the votes upon ^f a e ri n f K the question of acceptance or rejection of this article acce P tance - made by the election officers in the same way and manner as for officers voted for at such election, and if a ma- jority of the ballots shall be found to be in favor of the acceptance of this article it shall then, but not other- wise, go into effect and be binding upon the school district situate in said municipality wherein such vote shall be taken. 253. (227.) All elections or submissions to the vote of the qualified voters of any municipality for the adoption of the provisions of any statute establishing the compen- feTdfers" f sation to be paid to teachers and principals in the public ] schools, and to provide for the payment thereof, in the 9 s L 128 SCHOOL LAW. Principals of primary departments in training schools. Teachers of methods in training schools. Principals of training schools. Proviso. Proviso. Principal of primary department of training schools for teachers . Less than one year's experience, one thousand five hundred dollars per annum, and for each year's experi- ence thereafter, at an additional salary of one hundred dollars per annum, to not less than the sum of one thou- sand seven hundred dollars per annum; Teachers of methods or supervisors of methods of training school for teachers : Less than one year's experience, one thousand five hundred dollars per annum, and for each year's experi- ence thereafter, at an additional salary of one hundred dollars per annum, to not less than two thousand dollars per annum; Principals of training schools for teachers : Less than one year's experience, two thousand five hundred dollars per annum, and for each year's experi- ence thereafter, at an additional salary of one hundred dollars per annum, to not less than three thousand dol- lars per annum; provided, that if the annual salary of any teacher now employed in any graded school of any school district is less than the amount required to be paid to such teacher by the preceding schedule, the salary of such teacher shall, if such teacher's experi- ence is approved as successful, be increased by adding thereto, annually, beginning with the first day of the fiscal year next succeeding the adoption of this article, in the manner provided in section two hundred and twenty-six of this act, a sum equal to the annual in- crease provided in the preceding schedule for the class to which such teacher belongs, until such teacher's salary shall be in accordance with the schedule; and provided further, that the annual salary paid to any principal or vice-principal hereafter appointed shall not exceed the annual salary paid at the time such appointment is made to principals and vice-principals of the same class respectively, and that the salary of every such appointee shall, if the experience of such appointee proves to be SCHOOL LAW. 129 successful, be increased annually by the amount and in the manner described in this section, until the salary of such appointee shall be in accordance with the preced- ing schedule. 252. (226.) The Board of Aldermen, Common Council Referendum| or other governing body of any municipality of this State XXVL may, by resolution, submit the question of the accept- Ibid - ance or rejection of this article to the voters of such municipality at any general or charter election to be held therein, whereof at least ten days' notice shall be given by public advertisement in two daily newspapers of this State, circulating in such municipality, and if a majority of those who shall vote for the acceptance or rejection thereof shall be in favor of the acceptance of this article, then this article shall go into effect at the commencement of the then next fiscal year in such school district, and the grant of power herein made shall be deemed to be accepted by such school dis- trict and such district shall be bound by the terms of this article ; persons entitled to vote at any election where this question is submitted to them shall express their assent or rejection of this article in the manner provided in "An act to regulate elections" (Revision of 1898). There shall be a canvass on the return of the votes upon the question of acceptance or rejection of this article made by the election officers in the same way and manner as for officers voted for at such election, and if a ma- jority of the ballots shall be found to be in favor of the acceptance of this article it shall then, but not other- wise, go into effect and be binding upon the school district situate in said municipality wherein such vote shall be taken. 253. (227.) All elections or submissions to the vote of the qualified voters of any municipality for the adoption clSngcom- of the provisions of any statute establishing the compen- tubers! 1 f sation to be paid to teachers and principals in the public ] schools, and to provide for the payment thereof, in the 9 s i. I 3 SCHOOL LAW. school district situate in such municipality, which statute v/as in substantial compliance with the provisions of this article, and the acceptance of the provisions of such statute by reason of a majority of the ballots having been found to be in favor thereof, and the attendant proceedings heretofore held, submitted, had, done or taken pursuant to and in substantial compliance with such statute are hereby validated and confirmed as fully and to the same extent as though done after the passage of and in conformity with the provisions of this article, and said teachers and principals shall hereafter receive and be paid salaries in accordance with the provisions of this article. ARTICLE XXVII. MISCELLANEOUS. Penalty for improper use of school moneys. Ibid. Proviso. Medical inspector. P. L. 1909. Chap. 92. 254. (228.) If the Board of Education of any school district shall use any of the school money received by it, except such as shall have been raised within the district, for any purpose other than the payment of teachers' sal- aries, fuel bills, the transportation of pupils and the tui- tion of pupils attending schools in adjoining districts, there shall be deducted by the County Superintendent of Schools from the next annual apportionment to such district a sum equal to twice the amount thus used, and said County Superintendent of Schools shall apportion the moneys thus deducted among the other districts of the county ; provided, that the Commissioner of Educa- tion may remit such penalty. 255. (229.) Every Board of Education shall employ a competent physician, to be known as the medical inspec- tor, and fix his salary and term of office. Every Board of Education shall adopt rules for the government of the medical inspector, which rules shall be submitted to the State Board of Education for approval. SCHOOL LAW. 131 The medical inspector shall examine every pupil to Duties, learn whether any physical defect exists, and keep a record from year to year of the growth and develop- ment of such pupil, which record shall be the property of the Board of Education, and shall be delivered by said medical inspector to his successor in office. Said inspector shall lecture before the teachers at such times as may be designated by the Board of Education, in- structing them concerning the methods employed to detect the first signs of communicable disease and the recognized measures for the promotion of health and the prevention of disease. The Board of Education may appoint more than one medical inspector. A Board of Education may exclude from school any child Delude whose presence in the schoolroom shall be certified by children - the medical inspector as detrimental to the health or cleanliness of the pupils in the school, and shall notify the parent, guardian or other person having control of such child of the reason therefor. If the cause for exclusion is such that it can be remedied, and the parent, guardian or other person having control of the child excluded as aforesaid shall fail or neglect within a reasonable time to have the cause for such exclu- sion removed, such parent, guardian or other person shall be proceeded against and, upon conviction, be punishable as a disorderly person. (a) 256. (230.) Every Board of Education shall procure Jfh5ou r a United States flag, flag-staff and the appliances there- p l es I9 o 3 , for for each school in the district, and shall display said flag upon or near the public school building during school hours and at such other times as said board may deem proper. 257. (231.) The several counties in this State shall appropriate the interest of the surplus revenue to the Jbld" support of the public schools. (a) See section 140. Special session. I 3 2 SCHOOL LAW. Teachers' institutes. Ibid. Appropriation. Nature of alcohol and its effects taught. Jbid. Examination in physiology, ibid. Arbor day. Ibid. 258. (232.) The Commissioner of Education shall procure instructors and lecturers for teachers' institutes. To defray the expenses incurred in holding said institutes there shall be paid to him annually by the State Treas- urer, upon the warrant of the State Comptroller, a sum not exceeding four thousand dollars. Said Com- missioner of Education shall make annually to the State Board of Education an itemized report of the expenses incurred in holding said teachers' institutes during the year for which said report shall be made. 259. (233.) The nature of alcoholic drinks and nar- cotics and their effects upon the human system shall be taught in all schools supported wholly or in part by public moneys as thoroughly and in the same manner as other like branches shall be taught, by the use of graded text- books in the hands of the pupils when other branches shall be thus taught and orally only in the case of pupils unable to read. In the text-books on physiology and hygiene the space devoted to the consideration of the nature of alcoholic drinks and narcotics and their effects upon the human system shall be sufficient for a full and adequate treatment of the subject. The failure or re- fusal of any district to comply with the. provisions of this section shall be sufficient cause for withholding from such district the State appropriation. 260. (234.) No certificate shall be granted to any per- son to teach in the public schools, except to persons ap- plying for special certificates to teach music, drawing, manual training or other subjects not included in the usual school curriculum, who shall not have passed a sat- isfactory examination in physiology and hygiene w T itb special reference to the nature of alcoholic drinks and narcotics and their effects upon the human system. 261. (235.) The day in each year known as Arbor Day shall be suitably observed in the public schools. The Commissioner of Education shall from time to time prepare and issue to schools such circulars of infor- SCHOOL LAW. 133 mation, advice and instruction with reference to the day as he may deem necessary. 262. ( i.) For the purpose of encouraging the planting r j r ^ a 8 y ; of shade and forest trees, the first Friday of May in each Chap - l87 year is hereby designated as a day for the general observance of such purpose, and to be known as Arbor Day. 263. (2.) On said day appropriate exercises shall be f^ r c f ses introduced in all the schools of the State, and it shall be Ibid - the duty of the several county and city superintendents to prepare a program of exercises for that day in all the schools under their respective jurisdiction. 264. (236.) In all public schools there shall be held on the last school day preceding the following holidays, namely, Lincoln's Birthday, Washington's Birthday, session - Decoration or Memorial Day and Thanksgiving Day, and on such other patriotic holidays as shall be estab- lished by law, appropriate exercises for the development of a higher spirit of patriotism,. 265. (i.) It shall be the duty of the principals and observance of flag day in teachers in the public schools of this State to make suita- ble arrangements for the celebration, by appropriate exercises among the pupils in said schools, on the four- teenth day of June, in each year, as the day of the adop- tion of the American flag by the Continental Congress. 266. (237.) Whenever an execution shall be issued against the Board of Education of a school district or of a union-graded school by any court authorized to issue the same, upon a judgment recovered either before or S subsequent to the passage of this act, and there shall be found no property belonging to said school district or union-graded school sufficient to satisfy the same liable to be levied on, then the officers authorized to execute such process shall serve a certified copy of said execution upon the assessor or assessors of the taxing district or districts in which said school district or union-graded school shall be situate, and also upon the collector or col- lectors of such taxing district or districts. Upon receipt 134 SCHO6L LAW. Assessment. School census in districts. P. L. 1907, Chap. 1 1 8. Proviso. Enumeration. School veai. P. L. 1903, Special session. Money specifically appropriated. Ibid. "Article' defined. Ibid. Continuance of present officials. Ibid. of such copy or copies such assessor or assessors shall, at the time of the next regular assessment of school taxes, assess upon the inhabitants of said school district and their estates, and upon the taxable property therein, in addition to the regular school taxes, the amount due upon said execution, with interest thereon to the time when the same shall be paid to the officer serving such process and the collector or collectors shall levy and collect the same, and said amount, when collected, shall be a separate fund, and shall be paid over by said collec- tor to the officer who shall have served said process. 267. (i.) The Board of Education of any school dis- trict may cause to be taken an exact census of all children residing in such district between the ages of five and eighteen years, including such other information as said board may deem necessary or proper; provided, that such census shall not be taken more often than once in five years, and shall not be taken in any year in which a United States or a state census shall be taken. The Board of Education of the school district may appoint as many suitable persons as may be necessary to act as enumerators in taking the said census, and may fix the compensation to be paid to said enumerators, not exceed- ing four cents for each name in said census, which com- pensation shall be paid as a current expense of the dis- trict. 268. (238.) The school year shall begin on the first day of July and end on the thirtieth day of June. 269. (239). No money shall be paid from the State treasury for any purpose named in this act unless an appropriation therefor shall have been made by the Legislature in the annual appropriation act. 270. ( 240. ) Whenever in this act the word "article" is used, it shall be construed as referring to the caption under which it is used. 271. (242.) The Commissioner of Education, the County and City Superintendents of Schools, the mem- bers of the Boards of Education who are residents of the SCHOOL LAW. 135 territory contained in the several school districts, as said districts are constituted by this act, and who are now acting as such, Secretaries of Boards of Education, jani- tors and other employes of the several Boards of Edu- cation of the several school districts, shall continue to serve for the full term for which they were severally elected or appointed, as though they had been elected or appointed under any of the provisions of this act. except as in this act otherwise provided, and all certifi- cates to teach heretofore issued, and now in force in this State, shall be valid according to their terms and for the periods for which they have been severally granted. 272. (243.) The acceptance of the provisions of this ^ C e / e e p 7 a n n d c ^ m; act contained in Article VI. relating to Boards of Educa- /j Article tion in city school districts shall be submitted to the qual- ified voters of any town, township or borough at a gen- eral or municipal election to be held therein, whenever the town council, township committee or other govern- ing body of such municipality, or the Board of Education of the school district situate in such municipality, shall have, by resolution, directed that such question shall be so submitted. The question to be submitted shall be for or against the adoption of the provisions of Article VI. of an act entitled "An act to establish a thorough and efficient system of free public schools and to provide for the maintenance, support and management thereof," approved (insert herein the date when this act shall be approved), and if a majority of the votes cast upon said question shall be for the adoption of the pro- visions of said article, the school district in such munici- pality shall thereafter in all respects be governed by the provisons of Article VI. relating to city school dis- tricts, and the Board of Education therein shall have all the powers and duties given and imposed by the several provisions of said article. O PTO / \ ATM Referendum; 4(6. (244.) The acceptance of the provisions of this acceptance act contained in Article VII. relating to Boards of Edu- vn: i 3 6 SCHOOL LAW. Validity of this act. Ibid. Government of schools. Ibid. Proviso. Bonds, regis- tered or coupon. P. I,. IQIO, Chap. 214. cation in township, incorporated town and borough school districts, shall be submitted to the qualified voters of any city at a general or municipal election to be held therein, whenever the common council or other govern- ing body of such city or the Board of Education of the school district situate in such city, shall have, by resolu- tion, directed that such question shall be so submitted. The question to be submitted shall be for or against the adoption of the provisions of Article VII., of an act en- titled "An act to establish a thorough and efficient sys- tem of free public schools and to provide for the main- tenance, support and management thereof," approved (insert herein the date when this act shall be approved), and if a majority of the votes cast upon said question shall be for the adoption of the provisions of said article, the school district in such city shall there- after in all respects be governed by the provisions of Article VII. relating to township, incorporated town and borough school districts, and the Board of Educa- tion therein shall have all the powers and duties given and imposed by the several provisions of said article. 274. (245.) In case for any reason any section or any provision of this act shall be questioned in any court, and shall be held to be unconstitutional or invalid, the same shall not be held to affect any other section or provision of this act. 275. (246.) All school districts shall hereafter be governed solely by the provisions of this act, and all acts and parts of acts, general, special or local, so far as they are inconsistent with the provisions of this act, are hereby repealed; provided, that this repealer shall not revive any act heretofore repealed. 276. (i.) All bonds issued pursuant to the provisions of an act of the Legislature entitled "An act to establish a thorough and efficient system of free public schools, and to provide for the maintenance, support and man- agement thereof," approved October nineteenth, one thousand nine hundred and three, may be registered SCHOOL LAW. 137 or coupon, or both, as the governing body or board issuing the same shall determine. 277. (3.) It shall be lawful for the trustees or Board ^choddistri* of Education of any school district in this State to nego- j n s d f^* tiate with the Trustees for the Support of Public Schools Sooi f s. put in this State for the purchase by them of any bonds to be issued by their respective school districts for school purposes without first advertising for bids for such bonds; and if said trustees or Board of Education can agree with the said Trustees for the Support of Public Schools upon the rate of interest to be paid on said bonds, to issue such bonds and sell and deliver the same to the said Trustees for the Support of Public Schools without advertisement therefor or for the sale thereof ; provided, the sale price of such bonds shall never be Proviso, less than par, nor the rate of interest in excess of five per centum. 278. (i.) No school bonds shall be sold at private sale gateof school to persons other than the Trustees of the School Fund or to the Sinking Fund Commissioners for the Support of Public Schools, unless such Trustees or Sinking Fund Commissioners have refused to buy them. No school bonds shall be signed, sealed or delivered except within this State. No school bonds shall be delivered to any purchaser other than the Trustees for the Support of Public Schools except upon payment within the State in cash or by certified check drawn to the order of the Custodian of School Moneys for the full purchase price. 279. (i.) Every school district heretofore organized and formed in any town, township or borough, and now acting under the provisions of Article VI. of an act en- titled "An act to establish a thorough and efficient sys- chap tern of free public schools, and to provide for the main- tenance, support and management thereof," approved October nineteenth, one thousand nine hundred and three, shall be deemed and held to be organized and existing under, and in all respects governed by, the pro- visions of said article, notwithstanding such school dis- 138 SCHOOL LAW. All acts, etc. validated. Tbid. Appropria- tions vali- dated. Ibid. Proviso. Proviso. Use of ar- mories by school children. P. L. 1909, Chap. 93. Residence of member?. P. L. 1910, Chap. 218. trict may have been established and organized under an act of the Legislature of the State of New Jersey heretofore declared by the courts to be unconstitutional. 280. (2.) All statements, resolutions, certificates and acts and things made, adopted and done in good faith by the Board of Education, the Board of School Estimate and other municipal bodies, in any such school district or municipality, according to the provisions of said act of 1903, are hereby ratified, confirmed and vali- dated. 281. (3.) All appropriations of money by any munici- pal body in any such school district made according to said act of 1903, and all school bonds issued or author- ized to be issued in any such municipality for the purpose of borrowing moneys so appropriated, are hereby rati- fied, validated and confirmed; provided, however, that such bonds were issued or authorized to be issued for money actually and in good faith loaned to such muni- cipality for school purposes and paid to the custodian of school moneys for such school district; and pro- vided further, that the total amount of school bonds so issued or. authorized to be issued was not in excess of the limitation placed upon such issue by said act of 1903 and the supplements thereto and amendments thereof. 282. ( i.) It shall be lawful for the commanding officer of the regiment having the use of any armory, at his dis- cretion, subject to the approval of the Military Board, to permit such armory to be used for athletic purposes by the pupils of the schools of this State upon the appli- cation of the principal of the school, subject to such regulations as may be prescribed by said commanding officer. 283. (i.) In all cities in this State having a Board of Education the members of which now are or hereafter shall be appointed by the mayor of such city, it shall and may be lawful for the said mayor to appoint as a mem- ber of said Board of Education any resident of said city SCHOOL LAW. 139 duly qualified to serve thereon, without regard to the place of residence in such city of the person so appointed. 284. (i.) Any child who shall have completed the $* course of study pursued in the schools in the district in f?i?.I' 9IOf which he or she shall reside may, with the consent of the ( Board of Education of said district and the board hav- ing the control and management of the Farnum Pre- paratory School, be admitted to said school. Said boards shall determine the amount to be paid for the education of such child, and the Board of Education of the district in which such child shall reside shall issue an order for said amount, signed by the president and district clerk or secretary of the Board of Educa- tion, in favor of the custodian of the school moneys of said school, which order shall be paid by the Custodian of the school moneys of the district in which such child resides out of any moneys in his hands available for the current expenses of said district. 285. ( i . ) The use of the common drinking cup, an un- Common doubted source of communication of infectious diseases, rojlibited drinking cup prohibited P. L,. IQII. is hereby prohibited in all public places within this ( Commonwealth, ,and the State Board of Health shall have full authority to establish such reasonable rules and regulations to make this prohibition effective as in their judgment seems wise and proper. 286. (2.) Whoever fails to observe the provisions of f b e ij altv- this act, or the rules and regulations of the State Board of Health made in relation thereto, shall be deemed guilty of a misdemeanor and be liable to a fine not ex- ceeding twenty-five dollars for each offense. 287. (i.) The provisions of an act entitled "An act civil service . ' applied to regulating the employment, tenure and discharge of cer- tain officers and employes of this State and of the various counties and municipalities thereof, and providing for 3 Civil Service Commission, and defining its powers and duties," approved April tenth, one thousand nine hun- dred and eight, are hereby extended and shall here- 140 SCHOOL LAW. Proviso. Tenure of truant officers in cities. P. L. 1911, Chap. 275. No dismissal except on charges and hearing. Ibid. Rules for employment of janitors, P. T y . 1911, Chap. 44. Removal of janitor. Ibid. after be construed to apply to all school districts of this State, as fully and completely as though the same had been included in the title and body of said act; provided, however, that the said act shall not become effective in any school district of the State until the same shall have been adopted by the vote of the quali- fied voters of such school district, in the manner pro- vided by the thirty-first section of said act. 288. ( i.) The services of all truant officers of the pub- lic schools in any school district in any city of this State shall be during good behavior and efficiency, after the expiration of a period of employment of one year in said school district; provided, that the time any truant officer has served in the district in which he or she is employed at the time this act shall go into effect, shall be counted in determining such period of employment. 289. (2.) No truant officer shall be dismissed or sub- jected to reduction of salary except for inefficiency, con- duct unbecoming an officer or other just cause, and after a written charge of the cause or causes shall have been preferred against him or her, signed by the person or persons making the same, and filed with the secretary or clerk of the Board of Education of the school dis- trict in which he or she is employed, and after the charge shall have been examined into and found true in fact by the said Board of Education, upon reason- able notice to the person charged, who may be repre- sented by counsel at the hearing. 290. (i.) In every municipality or school district of this State the Board of Education shall make such proper rules and regulations as may be necessary for the em- ployment, discharge, management and control of the public school janitors employed by such board not in- consistent with the provisions of this act. 291. (2.) No public school janitor in any municipality or school district shall be discharged, dismissed or sus- pended, nor shall his pay or compensation be decreased, except upon sworn complaint for cause, and upon a SCHOOL LAW. 141 hearing had before such board. Upon the filing of such sworn complaint, a copy thereof, certified by the secre- tary or clerk as a true copy, shall be served upon such person at least five days before the hearing, and at such hearing such janitor shall have the right to be represented by counsel. If upon such hearing it shall Hearing. appear that the person charged is guilty of the neglect, misbehavior or other offense set forth in said complaint, then said board may discharge, dismiss or suspend such janitor or reduce his pay or compensation, but not otherwise. RAILROAD TAX FOR SCHOOLS. poses. P. L. i. Chap. 146 292. (i.) The tax assessed in each year by virtue of the provisions of sub-divisions one, three and four of sec- tion three of an act entitled "An act to revise and amend 'An act for the taxation of railroad and canal property. p os s 'ig 6 approved April tenth, one thousand eight hundred and eighty- four,' which act was approved March twenty- seventh, one thousand eight hundred and eighty-eight," and the amendments thereof or supplements thereto, after deducting therefrom a sum equal to one-half of one per centum of the total valuation of the property on which said tax shall be assessed, shall be devoted to the maintenance and support of a thorough and efficient system of free public schools, and shall be apportioned annually, on or before the first day of February, among the several counties by the State Comptroller in propor- tion to the amount of taxable real and personal estate of said counties respectively, as shown by the last ab- stract of ratables from the several counties made out by the several boards of assessors, and filed in the office of said Comptroller. The State Comptroller shall, on or before the first day of November following said appor- tionment, draw his warrant on the State Treasurer in favor of the county collector of each county for the por- tion of said tax to which said county shall be entitled, 142 SCHOOL LAW. Apportion- ment by county super- intendents. Comptroller to deduct from school fund amount appropriated for certain educational purposes. P. L. 1909, Chap. 65. Use of money deducted. Time of payment by state. P. L. 1911, Chap. 237. as aforesaid. The moneys received by any county col- lector by virtue of the provisions of this act shall be apportioned by the County Superintendent of Schools of such county among the several school districts therein at the same time and in the same manner as other moneys shall be apportioned by him. 293. (i.) The State Comptroller, prior to the appor- tionment, on or before the first day of Feburary, among the several counties of the State, of the fund devoted to the maintenance and support of a thorough and efficient system of free public schools, as provided in and by an act entitled "A supplement to an act entitled 'An act to establish a thorough and efficient system of free public schools, and to provide for the maintenance, support and management thereof/ approved October nineteenth, one thousand nine hundred and three," ap- proved April twentieth, one thousand nine hundred and six, shall deduct from the sum so to be apportioned as aforesaid the sum appropriated annually for the purposes herein specified, to wit: State Normal School at Trenton, State students at Rutgers (scholarships), New Jersey School for the Deaf, County Superintendents, State Normal School at Montclair Heights, [Manual Training Industrial School for Colored Youth, Evening schools for foreign-born residents, Commissioner of Education, which said moneys shall be retained in the treasury of the State for the payment of the appropriations to be made for the several purposes indicated, instead of the payment thereof from the general moneys in the State treasury, as heretofore. 294. (i.) The State Comptroller is hereby empowered and directed to make distribution of the moneys assessed, levied and collected for the year one thousand nine hundred and eleven, as provided in and by an act SCHOOL LAW. 143 entitled "A supplement to an act entitled 'An act to establish a thorough and efficient system of free public schools, and to provide for the maintenance, support and management thereof, approved October nineteenth, one thousand nine hundred and three,' approved April twentieth, one thousand nine hundred and six," as fol- lows : On the first day of September, one thousand nine hundred and eleven, such part of said moneys as has been collected and on the twenty-fifth day of October of said year, the balance collected to that date. The Comptroller shall annually, hereafter, make a similar distribution of all such moneys collected and which are distributed under said act, on the first day of Sep- tember and on the twenty-fifth day of October, respec- tively, of the year next succeeding the year of their assessment. 295. (2.) If, hereafter, on the twenty-fifth day of Payment in , installments. October, in any year, any part of the taxes apportioned ibid, on the first day of February of the previous year, as pro- vided in the act to which this is a supplement, shall not have been paid into the State Treasury, the State Comp- troller shall cause the part of said taxes which shall not have been paid in by said twenty-fifth day of October to be distributed as and when collected, unless the amounts received are less than five thousand dollars, in which event he shall not make a distribution until the pay- ments aggregate five thousand dollars. 296. (3.) All moneys paid in accordance with this act Custody and shall be held by the official to whom paid in trust for ?** 1909. s ' Chap. 63. the support and maintenance of the free public school of the school district to which apportioned and paid. No part thereof shall be used to pay or discharge, in whole or in part, any note or other obligation heretofore incurred, or any bonds, whether temporary or for a term of years, heretofore issued by such municipality, or by any Board of Education of any municipality, nor shall any part of the funds hereby authorized to be paid be used for any other purpose than for the support 144 SCHOOL LAW. Proviso ; Right to borrow in anticipation of taxes. Duty of state comptroller. and maintenance of the free public schools of such municipality or school district; provided, however, that it shall be lawful for the municipality or Board of Edu- cation of any school district to borrow by temporary loan, in anticipation of the receipt of any moneys which may be distributed under this act, or the act to which this act is a supplement, to the extent of not exceeding eighty per cent, of the amount of moneys which may be apportioned to such school district under the distribution herein provided for; such temporary obligations, if any, to be first paid from the moneys received under this act, before any other disposition of such money shall be made. Any person, or the mem- bers of any board, violating this act shall be guilty of a misdemeanor, (a) 297. (4.) The State Comptroller shall, on the date and at the time named in this act, draw his warrant upon the State Treasurer in favor of the county collector of each county for the amount due to each county of the appor- tionment, made to the several counties, at the times and in the manner provided by this act and the act to which this act is a supplement. (a) See section 61. MISCELLANEOUS LAWS. 145 Miscellaneous Laws. INDUSTRIAL SCHOOLS. i. Whenever any board of education, school commit- Sum appro- priated by tee or other like body of any city, town or township in this State shall certify, or shall have certified, to the Governor that a sum of money not less than three thou- sand dollars has been contributed by voluntary sub- scriptions of citizens, or otherwise as hereinafter authorized, for the establishment in any such city, town or township, of a school or schools for industrial educa- tion, it shall be the duty of the said Governor to cause to be drawn by warrant of the Comptroller by himself out of any moneys in the State treasury not otherwise appropriated, an amount equal to that contributed by the particular locality as aforesaid for the said subject, and when any such school or schools shall have been established in any locality as aforesaid, there shall be annually contributed by the State, in the manner afore- said for the maintenance and support thereof a sum of money equal to that contributed each year in said locality for such purpose; provided, however, that the p rov iso. moneys contributed by the State as aforesaid to any locality shall not exceed in any one year the sum of seven thousand dollars. 2. All moneys raised and contributed as aforesaid Money to be applied under shall be applied under the direction of the Board of Trustees, organized as hereinafter provided, to the Ibid establishment and support of schools for the training and education of pupils in industrial pursuits (including agriculture), so as to enable them to perfect themselves in the several branches of industry which require tech- nical instruction. 10 s 146 MISCELLANEOUS LAWS. Local tax. Ibid. Trustees of industrial schools. P. L. 1895, Chap. 294. Powers. Treasurer. 3. Any city, town or township shall have power to appropriate and raise by tax for the support of any such school therein, such sum of money as they may deem expedient and just. 4. There shall be a Board of Trustees of each of such schools, which shall consist of the governor and the mayor or other chief executive officer of the city, town or township in which such school is located, as ex-officio members, and eight other persons to be chosen and ap- pointed by the Governor as follows : Within thirty days after the passage of this act the Governor shall choose and appoint eight persons, resident in the city, town or township in which such school is located, as members of such Board of Trustees for the following terms: (a) two for the term of one year, two for the term of two year, two for the term of three years and two for the term of four years ; and thereafter two trustees shall be appointed in like manner each year for a full term of five years; and the official terms of all trustees in office at the time of the passage of this act shall terminate and expire upon the making of the appointment aforesaid, and the trustees appointed hereunder shall take office immediately upon their appointment, and shall continue in office until their successors are appointed, and any vacancy that may occur in the said Board of Trustees shall be filled by appointment in like manner for the un- expired term only ; the said Board of Trustees shall have control of the buildings and grounds owned and used by such schools, the application of the funds for the sup- port thereof, the regulation of the tuition fees, the ap- pointment and removal of teachers, the power to pre- scribe the studies and the exercises of the school and rules for its management, to grant certificates of gradua- tion, to appoint some suitable person treasurer of the board, to frame and modify at pleasure such by-laws as they may deem necessary for their own government ; (a) Amended by section 6. MISCELLANEOUS LAWS. 147 they shall report annually to the State and local Boards of Education their own doings and the progress and condition of the schools. 5. The said trustees shall receive no compensation Compensation, for their services, but the expenses necessarily incurred by them in the discharge of their duties shall be paid upon the approval of the Governor. 6. The trustees of schools for industrial education, to be hereafter appointed by the Governor of this State for full terms under and by virtue of the acts to which this is a supplement or the supplements thereto, shall serve for terms of four years and not for terms of five years as now required by law. 7. The Board of Trustees of the schools for indus- Trustees of ' industrial trial education, provided for and organized under the Seated bodies act to which this is a supplement, be and they are hereby p ^ ?^. created a body corporate under the name and style of ' "The Board of Trustees of Schools for Industrial Edu- cation," with the right of perpetual succession, to sue and be sued, to purchase, lease and hold personal and real property, and to sell and mortgage the same, and with power to accept donations and bequests of money, and property to be used for the purposes for which said boards are constituted and organized. i. Whenever in any city of this State the board of state ap : propriation trustees of schools for industrial education shall ac- toward local industrial quire by deed, gift, grant, devise or otherwise, the sum p h 1 I s 909 of one hundred thousand dollars, to be expended for Chap - ?B - the purchase of land and erection and equipment of a building or buildings to be used for the purposes for which said board is constituted, and whenever any such board of trustees of schools for industrial education in said city shall certify, or shall have certified, to the Governor that a sum of money not less than three thousand dollars has been contributed by voluntary subscriptions of citizens, or otherwise, as hereinafter authorized, for the establishment in said city of a school or schools for industrial education, it shall be 148 MISCELLANEOUS LAWS. Proviso. Erect suit- able build- ings. P.I, 1907, Lhap. 222. Proviso. Bond issue. Ibid. Amount. the duty of the said Governor to cause to be drawn by warrant of the comptroller, approved by himself, out of any moneys in the State Treasury not otherwise ap- propriated, an amount equal to that contributed by the said city as aforesaid for the said object, and when any such school or schools shall have been established in any city as aforesaid, there shall be annually con- tributed by the State, in manner aforesaid, for the maintenance and support thereof, a sum of money equal to that contributed each year in said city for such purpose; provided, however, that the moneys contrib- uted by the State as aforesaid shall not exceed in any one year the sum of ten thousand dollars. 1. It shall and may be lawful for the board of trustees of the school for industrial education in any city of the second class of this state, upon first obtaining the con- sent of the common council or other governing body of such city, to build upon land already owned by it, or to purchase land and build thereon a building or buildings, structure or structures, for the uses and purposes of a school for industrial education within its corporate limits; provided, that the cost and expense of the land purchased, and the building or buildings, structure or structures to be erected, shall not in the aggregate ex- ceed the sum of fifty thousand dollars. 2. To defray the cost and expense of such land and buildings, structure or structures to be erected under and in pursuance of the first section of this act, it shall be lawful for the common council or other governing body of any city of the second class in this state, to issue bonds in the corporate name of said city for the aggregate amount required by said board of trustees, in sums of not more than one thousand dollars, and not less than one hundred dollars each, to be signed by the mayor and countersigned by the clerk and sealed with the corporate seal of said city, and to have written or printed thereon the words "School for Industrial Educa- tion Construction Bonds," said bonds to be disposed MISCELLANEOUS LAWS. 149 of at not less than their par value, and shall be payable at the expiration of not more than twenty years after Time and their date of issue, and to draw interest at a rate not exceeding four per centum per annum, payable semi- annually, and may be registered or coupon bonds, or may be registered and coupon bonds combined, at the option of said city, and there shall be raised by taxes each year the interest on the whole amount of the bonds so issued, together with at least five per centum per annum for the purpose of a sinking fund, to be paid to the commissioners of the sinking fund of said city for the purpose of meeting the said bonds as they become due ; and the money raised by the issuing of said bonds shall be credited on the books of the city treasurer to the said trustees of the school for industrial education, and paid out and disbursed by the city treasurer, from time to time, on the written order or orders of said trustees, signed by their president and secretary, and counter- signed by the city comptroller, in payment of the pur- chase price of any land purchased by said trustees, and the cost of erection of any building or buildings, struc- ture or structures thereon for the use of a school for industrial education within the corporate limits of such city. SUMMER COURSES IN AGRICULTURE, MANUAL TRAINING AND HOME ECONOMICS. 1. For the purpose of establishing and maintaining summer courses for instruction in method of teaching J/^ 1908 ' elementary agriculture, manual training and home eco- nomics, there shall be appropriated annually a sum not exceeding two thousand dollars; provided, that no Froviso money shall be expended under the provisions of this act until an appropriation therefor shall have been made in the annual appropriation bill. 2. The State Board of Education shall adopt rules Rules, regula- tions, places, and regulations for establishing and maintaining sun> ibid. ISO Certificates valid to teach. Proviso. Expenses, how paid. Ibid. MISCELLANEOUS LAWS. mer courses of study in elementary agriculture, manual training and home economics, and shall designate the place or places where such courses shall be provided. Certificates of graduation from such courses of study as prescribed by the State Board of Education shall be valid licenses to teach in the public schools the subjects covered by said certificates; provided, the holders thereof shall also hold certificates valid as licenses to teach in the public schools in which they shall be em- ployed. 3. All expenses incurred in establishing and main- taining such courses of study and which are to be paid out of the moneys appropriated under the provisions of the act shall be paid by the State Treasurer on the war- rant of the State Comptroller, on bills approved by the State Board of Education. School at state prison. P. I,- 1907, p. 124. School board. Tbid. Proviso. An Act to establish a school and to provide school facili- ties and accommodations in the State Prison. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. The board of inspectors of the State Prison shall establish in said prison a school for the instruction of persons confined therein, and shall provide for said school a suitable school-room or school-rooms, together with proper furniture and equipment. 2. Said school shall be under the supervision and con- trol of a board to be known as the State Prison School Board. Said board shall consist of the principal keeper of the prison, two members of the Board of Inspectors, to be appointed annually by the board, and the moral instructors in said prison. The members of said board appointed by the Board of Inspectors shall hold office for the term of one year; provided, that the term of office of a member of such board so appointed shall not extend beyond his term of office as a member of the Board of Inspectors. MISCELLANEOUS LAWS. 151 3. The State Prison School Board shall make neces- f b f d es - sary rules for the proper conduct and management of said school to be approved by the Board of Inspectors, shall appoint the teachers and fix their salaries and J n e | c b h e r k s s terms of employment, purchase the necessary text- books, apparatus and supplies, and prescribe the course of study to be pursued in said school. Said course of study shall provide an elementary education, equivalent to that provided by similar courses of study in the pub- lic schools in this State. The course of study and any changes therein shall be submitted to the State Board of Education for its approval, and no course of study shall be established until approved by said board. 4. No teacher receiving a salary for services shall be employed in such school who does not possess a certifi- Ibid - cate of qualification issued under rules prescribed by the State Board of Education. 5. The head teacher shall not be an inmate of said who may ^ teach. prison. Inmates of said prison may, with the approval, Ibid - in writing, of the principal keeper, be appointed as assist- ant teachers. 6. No inmate of said prison shall be admitted as a Keepers' ..... . . consent. pupil in said school except upon the written consent of ibid, the principal keeper. 7. The expenses incurred by the Board of Inspectors Expenses met in providing and maintaining a school-room or school- ibid. rooms, or for the purchase of school furniture and equip- ment, shall be certified to the State Comptroller by said board, and the expenses incurred by the State Prison School Board in carrying into effect the purposes of this act shall be certified to said Comptroller by said school board. All expenses incurred under the pro- visions of this act, when properly certified as aforesaid, shall be paid on the warrant of said Comptroller out of any moneys in the State Treasury not otherwise appro- priated ; provided, that no expense shall be incurred p rov iso. under the provisions of this act until an appropriation 152 Annual report. Ibid. MISCELLANEOUS LAWS. therefor shall have been made in a regular appropriation bill. 8. The State Prison School Board shall report to the Board of Inspectors annually, on or before the fifteenth day of November, in regard to all matters committed to its care, and shall transmit a copy of said report to the State Board of Education. Building for school of detention. P. Iv. 1909, Chap. 205. Proviso. School a special district. School moneys. Management of school and district. An Act to establish Schools of Detention. i. It shall be lawful for the boards of chosen free- holders or commissioners of any county in this State where a juvenile court is established, or may hereafter be established, to purchase suitable land and buildings, to erect the necessary buildings on land owned by said county, to be used as a school of detention for the purpose of caring for dependent and delinquent chil- dren under sixteen years of age whom it may be neces- sary to hold in custody by virtue of the order or direc- tion of any Court of Common Pleas of said county, and to furnish and maintain the same; provided, that no such land shall be purchased, or building or buildings shall be erected, without the consent and approval of the judge of the juvenile court. Such school of deten- tion, together with the land belonging thereto, shall con- stitute a special school district in said county, and shall be entitled to receive, and the county superintendent of said county shall apportion and cause to be paid to the county collector, who shall be the custodian of school moneys for said special school district, such apportion- ments of the State school moneys and interest and surplus revenues as are paid to public school districts in said county. When the grounds have been secured, and the buildings erected and prepared for occupancy, the general management of such school of detention and school district shall be vested in a board of direc- MISCELLANEOUS LAWS. 153 tors consisting of the judge of the juvenile court, the county superintendent of schools, the president or director of the board of chosen freeholders, or county commissioners, and two members of said board or com- mission, to be selected by the director or president thereof, and the superintendent of schools of the most populous city in said county. 2. These schools of detention shall receive also chil- dren under the age of sixteen who shall be habitual truants from school, or who shall be habitually insub- ordinate or incorrigible and disorderly during their at- tendance at school, which children shall be complained against as juvenile delinquents, in accordance with the provisions of the act entitled "An act establishing a court for the trial of juvenile offenders and defining its duties and powers," approved April eighth, one thou- sand nine hundred and three. 3. The said schools of detention shall be arranged Arrange- ments. and conducted, so far as practicable, for the safe cus- ^- 1( > o8 > Chap. 307. tody of children committed thereto, and, so far as the length of time of their commitment permits, for their training and education for good citizenship and self- support. There shall be ample ground for fanning or gardening, and shops or other means, for industrial training, and the institution shall be maintained or con- ducted as a home. To this end the employes provided for and selected to control and manage such school of detention shall be a superintendent, and such teachers, matrons, farmers, and other employes as in the judg- ment of the board of directors may be necessary for the proper maintanance of the school and grounds, and the proper care and instruction and training of the children. The said superintendent shall be a man or a woman of good moral character, and thoroughly com- petent to discharge the duties of the office. The said superintendent shall be selected and employed by the said board of directors of said special school district, and he or she shall reside in said school of detention or 154 MISCELLANEOUS LAWS. Teachers. Supervising principal. School records. Salaries. Additional funds fur- nished by county. Records. P. L. 1906, Chap. 37- special school district. The course of study and training for the pupils in such school of detention shall be pre- pared by said superintendent, or by the principal teacher of said school, subject to the approval of the board of directors and the State Board of Education. The teach- ers in said school shall be required to have such legal certificates to teach as are required of teachers in the public schools of the State. The principal teacher shall be the supervising principal, and the district shall be en- titled to the $600 pr year now apportioned by law, or whatever sum may hereafter be apportioned to school districts under the supervision of a supervising princi- pal. The teachers and principal of said school district shall make such reports and keep such records as are required to be made and kept in other public school dis- tricts of said county. The said superintendent shall have power to employ such additional help as may be necessary for the maintenance of such buildings and grounds, subject to the approval of the board of direc- tors. The salaries or wages and terms of service of superintendent, matron, teachers and other employes of such school shall be determined by said board of direc- tors. Whatever sum in addition to the money received from the State may be necessary to maintain, operate and conduct said school to pay salaries or wages of em- ployes, and to procure supplies, shall be appropriated by the board of chosen freeholders of said county. All bills shall be paid by the custodian of school moneys of said special school district on order signed by the presi- dent and secretary of the said board of directors. 4. It shall be the duty of the superintendent of said schools of detention to keep a complete record of all children committed thereto in a book, which record shall contain the name, address and age of each child, cause of its detention and the length of time detained, the offense alleged to have been committed by such child, if any, and any other useful data or information that may be directed to be kept by the judge of the Juvenile Court MISCELLANEOUS LAWS. 155 of the county. A record shall also be kept by such superintendent of all expenditures made by the county for the care and maintenance of such school. An annual report to the board of chosen freeholders shall be made between the first and thirty-first of December in each year by the superintendent, which shall contain an item- ized statement of all such expense necessary to main- tain such schools, together with the number of inmates therein during each month. The judge of the Juvenile Court of said county at any time may demand, in which case it shall be the duty of the superintendent to furnish, such information as said court may require concerning the conduct, maintenance or inmates of the school of detention. Such schools shall be supplied with all the necessary teachers, help and convenient facilities for the care of the inmates thereof. All children under six- teen years of age arrested for any cause (except murder or manslaughter) and school children habitual truant or incorrigible may, by the order of the Juvenile Court, be held in the detention school until final judgment. 5. For the purpose of obtaining means for the pur- chase of such lands and buildings, or the erection of ^^ *9s, such building or buildings for the school of detention, and the furnishing thereof, it shall be lawful for the board of freeholders or commissioners of any such county to issue and sell the bonds of said county to an amount not exceeding one-half of one per centum of Amount. the ratables of said county; said bonds shall bear inter- est at a rate not exceeding five per centum per annum, Rate. and the principal thereof shall be payable at a time not Time - exceeding twenty years from their date ; and such board of chosen freeholders, or county commissioners, shall establish a sinking fund, to be raised by taxation from sinking fund. year to year, sufficient to pay off and discharge said bonds at their maturity, and shall also include in the annual tax levy a sum sufficient to pay the interest thereon. 156 MISCELLANEOUS LAWS. Counties may contract for children. P. I,. 1910, Chap. 99. Proviso. Proviso. Price of board per week. 6. In counties of this State where the total commit- ments of the above classes of children during the year may be so few as, in the judgment of the board of chosen freeholders, to render impracticable, on account of the large expense involved, the building and support- ing of such houses of detention within such county, it shall be lawful for such county, through its respective boards of chosen freeholders, with the consent of the judge of the Juvenile Court of said county, or the judge of the Orphans' Court, if there be no Juvenile Court, to enter into negotiations with any reputable and regu- larly incorporated society or institution in this State whose business it is to care for homeless or indigent or neglected children for the board and care of such children as may from time to time be committed by the said judge, or as may be placed therein by the parent or parents, guardian or guardians of any such child: provided, such society or institution is willing to enter into bonds to carry out in full the spirit and intent of this law as to the length of time such child or children shall be detained, the character of the physical, the mental and the moral discipline it shall receive, and the regular reports to be made ; and provided, said chil- dren are regularly sent to the public schools in the district in which said institution is located, or are regu- larly sent to a school maintained and conducted by such society or institution. And the said judge, with the concurrence of the said board of chosen freeholders, is hereby authorized to fix the price to be paid per week for the board of each child so placed, not exceeding three dollars per week; the amount to be expended in clothing, medical attendance or incidentals that may be found necessary and to provide for the payment of all such expense. And such corporate society or insti- tution, by thus accepting such children from the county, shall not thereby become a part of the public school system of the State, but retain its place and its corpo- rate powers, and its character as a private institution MISCELLANEOUS LAWS. 157 belonging to and a part of the said corporate society or institution; and provided further, that it shall be lawful Proviso. for the board of chosen freeholders of any county in this State to purchase lands adjoining or near any such house of detention or school, wherever the same may be located in this State, and to erect and construct proper and necessary buildings thereon for the care of homeless, indigent or neglected children, or such as may be placed in or committed thereto from said county or counties, as in this act provided; provided further, Proviso. that the total amount hereby authorized to be expended by the board of chosen freeholders of any county in this State for the purchase of said land, and the erec- tion and construction of necessary buildings thereon, and the furnishing of the same, shall not exceed the sum of three thousand dollars; and provided further, Proviso, that it shall be lawful for, and the board of chosen free- holders of any county of this State may, in their dis- cretion, in lieu of issuing and selling bonds of said county for the obtaining O'f means for the purchase of said lands and the erection and furnishing of said build- ings as provided for in this act, provide by taxation for the raising and paying the cost of the purchase of said lands and the erection and furnishing of said buildings, and cause the same to be assessed and col- lected by tax, at the same time and in the same manner as other taxes in said county or counties are assessed and collected, a sum sufficient to pay for the same. An Act permitting certain boards of education to con- vey school-houses and lands to the boroughs or other municipalities in which they are situate. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: Conveyance J of school i. In any borough or other municipality in this State property to J municipality where the board of education thereof has been or shall f r nominal sum. hereafter be authorized by vote of the qualified voters 158 MISCELLANEOUS LAWS. Proviso. of such borough or other municipality at an election held for that purpose to acquire land and erect thereon a new school-house and to dispose of an old school- house and the lot of land on which the same is erected, and the borough or other municipality in which said old school-house and land are situate shall be desirous of acquiring the same to use for public purposes, it shall be lawful for such board of education to convey said old school-house and the lot of land upon which it is erected to the borough or other municipality by its cor- porate name for a nominal consideration ; provided, how- ever, the lines of the municipality are co-extensive with the lines of the school district and a resolution, re- questing such conveyance, shall have first been passed by a vote of a majority of all the members of the council or other governing body of the municipality and a reso- lution, authorizing such conveyance, shall have been passed by a vote of a majority of all the members of such board of education. Unused school build- ings may be transferred to township. P. L. 1907, Chap. 49. Remodeling and use of such building. An Act to authorize the board of education of any town- ship in this state to transfer any unused school build- ing to the township in which said board of education is located and to empower the township committee to use said building for municipal purposes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: 1. It shall be lawful for any board of education of any township in this State, by resolution adopted by a two-thirds vote of the members of said board of educa- tion, to transfer any building not used by it for school purposes to the township in which said board and school building is located for use by said township for muni- cipal purposes. 2. It shall be lawful for any township committee of any township to which any school building may be trans- ferred, to alter and remodel said building, to remove MISCELLANEOUS LAWS. 159 the same to any suitable location upon lands belonging to the township, and do and perform any act which may be necessary to put such building in proper condition, to use the same for municipal purposes of such township, and any expense incurred thereby shall be paid out of any unexpended balances or funds in the possession of the township committee. AGRICULTURAL COLLEGE. i. It shall be the duty of the county superintendent, at such time and place as the Commissioner of Education may appoint, to examine such candidates for state schol- arships at the agricultural college as may present them- selves, and the candidates shall be subjected to such ex- amination as the faculty of the said college and the Com- missioner of Education shall prescribe; and the candi- dates who shall receive certificates of appointment to the agricultural college in any one county shall be those who obtain, on such examination, the highest average for scholarship; and the number of certificates thus granted shall in no case exceed the number of state scholarships to which such county is entitled. (a) i. In order that the students in the schools in all Dumber of scholarships. parts of the state may receive the stimulus afforded by L - ^05, J * Chap. 90. the opportunity to pursue the courses of study in the State Agricultural College, and in order to enable said State Agricultural College to furnish instruction gratui- tously to students, residents of this state, in its several courses of study, as special courses of advanced study in the public school system of this state, there shall be sent to the said college, each year, from each county in this state, students to the number of members of assem- AS many cs nicn\l>crs bly to which such county is entitled, to be selected and of assembly, designated as hereinafter provided, who shall receive gratuitous instruction in any or all of the prescribed (a) Each county is entitled to as many students as it has representa- tives in the legislature. P. L, 1864, Chap. 369, 10. i6o MISCELLANEOUS LAWS. Students on vacant scholarships. Selection of students. P. Iy. 1909, Chap. 26. When exam- ination held. Subjects. Certificates issued by state commis- sioner of education. branches of study in any of the courses of study of said state college, under the general powers of supervision and control possessed by the board of visitors of said state college. Said students so received shall be resi- dents of this state, and shall be admitted into said state college upon the terms and subject to the rules and dis- cipline which shall apply to all other free students of said college; and if there should be from any county more than the designated number of suitably prepared applicants .in the same year, such additional applicants may, in the discretion of the board of visitors of the said State Agricultural College, be received on any va- cant scholarships of any other county until the county last named shall require such scholarships, after notice has been served on the superintendent of education of the county in which such vacant scholarships existed. 2. Said students shall be selected as follows : A com- petitive examination, unider the direction of the city superintendents and the county superintendents of edu- cation in each county shall be held upon the first Friday in June in each year and the Saturday following, at such place or places in each county as shall be designated by the said superintendent, and the necessary traveling expenses of said examiners not otherwise provided for by law, on the approval of the president and secretary of the Board of Visitors of said State Agricultural Col- lege, shall be paid by said State College; students who apply for examination shall be examined upon such subjects as may be designated by the faculty of said college and the State Board of Education, and the said city and county superintendents shall report to the president of said college and to the Commissioner of Education the names of all such students examined as in their opinion are suitably prepared to enter said col- lege, with their estimate of the order of excellence in scholarship shown by said students at such preliminary examination; certificates of appointment to the State MISCELLANEOUS LAWS. 161 Agricultural College shall be issued by the Commis- sioner of Education to all of such students as are so found to be qualified to enter said college, and in case the vacant scholarships shall not be sufficient to receive all such successful candidates, preference in ap- pointing to vacant scholarships shall be given to suc- cessful candidates in the order of the excellence of their examination as certified by said superintendents, and in general the regulations and provisions governing the conduct of such examinations, and the appointment of said students to said scholarships shall be subject to the control of said Board of Visitors of said college. 3. Each student so appointed and admitted to said ^"udent. college shall be regarded as holding a state scholarship, cip.9o. and for each scholarship so held there shall be due from the state to the college, on the first day of November, in each year, the sum of one hundred and twenty dollars ; provided, that the aggregate amount due for any year Proviso - for such scholarships shall not exceed fifteen thousand dollars, (a) 4. In order to ascertain the Dumber of scholarships for which payment shall be due as aforesaid, the presi- number of dent of said college shall in the month of October in ibid. ent each year make his certificate in writing, setting forth the names of the students so as aforesaid appointed and then in attendance at said college, the counties from: which they were appointed and the classes in college to which they belong, or the special courses of study which they are pursuing, which certificate, when approved by ApprovaL the president of the board of visitors of the State Agri- cultural College, shallbe plenary evidence of the num- ber of scholarships for which payment shall be due, (a) It was competent for the legislature to establish an agricultural college at Rutgers, and to support it out of the state's general fund, and the legislation on that subject is not infirm by reason of the constitu- tional provision against private, special or local legislation, or by reason of the further provision "that no donation of land or appropriation of money shall be made by the state or any municipal corporation to or for the use of any society, association or corporation." Rutgers College v. Morgan, 41 Vr. 460. II S Iv 1 62 MISCELLANEOUS LAWS. Establish short courses. P. L- 1905, Chap. 55. Subjects of instruction. Ibid. Buildings and appa- ratus. Ibid. Instructors. Ibid. Appropria- tion. Ibid. and on filing the same with the Comptroller of the state he shall draw his warrant upon the State Treasurer for the sum of money to which the said college may accord- ingly be entitled, and the State Treasurer shall pay the same as soon as proper appropriation shall have been made therefor. 1. The trustees of the State Agricultural College of New Jersey be, and they are, hereby required to estab- lish in said State Agricultural College a department which shall provide short courses in agriculture, equipped and designed for the practical education of students, in both general and specific lines of farming. 2. Said department shall offer special instruction to students on soils, crops, fertilizers, manures, drainage, farm machinery, farm building; breeds of live-stock, stock judging, animal diseases and remedies; produc- tion and handling of milk and cream, the manufacture of butter and cheese; the growth of fruits, berries, man- agement of orchards, market garden and vegetable crops, and insects injurious to the various plants, diseases of plants; animal nutrition, including the use of forage crops, cereal grains, fine feeds, and all other matters pertaining to general and specific lines of farm practice. 3. Said department shall be provided with suitable buildings for stock judging, butter making, milk testing and lecture-rooms ; said buildings shall be equipped with the necessary apparatus and machinery far carrying out the specific instruction provided for in section two. 4. Said trustees shall employ to conduct this depart- ment competent instructors of the necessary education and scientific acquirements, who shall teach the theo- retical and practical part of the subjects herein pro- vided for. 5. There shall be appropriated out of the general revenues of the state the sum of twenty-four thousand dollars, to be expended in the organization, equipment and maintenance O'f said department, as provided for in the first four sections of this act for the current year, MISCELLANEOUS LAWS. 163 and then shall be appropriated from the same fund the sum of six thousand five hundred dollars annually here- after, beginning on the next succeeding year for the salaries, supplies and all other expenses for the main- tenance of said department; provided, that such sum or p rov i s o. sums shall first be appropriated in the annual appro- priation bill. FREE LECTURES. 1. The boards of education in cities of this state or other municipalities containing over ten thousand popu- lation according to the last census are hereby authorized Chap - 4S - and empowered to provide for the employment of lec- turers on the natural sciences and kindred subjects in the public schools in any city or other municipality, in the evenings, for the benefit of workingmen and working- women. 2. The said boards of education shall have the power Purchase necessary to purchase books, stationery and other things necessary apparatus, and expedient to successfully conduct said lectures, ibid. which it shall have the power to direct. 3. No admission fee shall be charged, and at least one NO admission school in each ward or subdivision of each city or muni- charged. TK'H cipality, where practicable, shall be designated by the said board of education for the purpose of carrying out the provisions of this act, and at least one lecture shall be delivered during each of the months of October, No- vember, December, January, February and M&rch in each year, which shall be advertised in a daily or weekly paper published in said city or municipality at least ten days in advance of the delivery thereof. Extract from an act entitled "An act concerning dis- orderly persons" [Revision of 1898]. 4. Any person who shall enter the buildings or go upon the lands belonging to any public school district of this state, or used and occupied for school purposes by any public school in this state, and shall break, injure or deface such building or any part thereof, or the 164 MISCELLANEOUS LAWS. Penalty for bribery. Penalty for officers having an interest in furnishing supplies. Penalty for bribery. fences or outhouses belonging to or connected with such building or lands, or shall disturb the exercises of such public school, or molest or give annoyance to the chil- dren attending such school, or any teacher therein, shall be deemed and adjudged to be a disorderly person. Extracts from an act entitled "An act for the punish- ment of crimes" [Revision of 1898]. 28. Any member or officer of any state, county or city government, or any member of any public board, asso- ciation or commission, who shall hereafter solicit or receive either directly or indirectly, any money or valu- able thing, reward or commission for his vote in the appointment or selection of any person or persons to any position in any department oi any public body afore- said, shall be guilty of a misdemeanor, and shall be punished accordingly, and be forever thereafter disquali- fied from holding any office of profit, trust or emolu- ment in this state. 29. Any employe or person having the whole or par- tial control or management of any institution, the moneys for the support of which are drawn in whole or in part from the treasury of the state, or any county or city thereof, who shall be directly or indirectly interested in furnishing any goods, chattels, supplies or property of any kind whatsoever, to or for the use of any such in- stitution, shall be guilty oi a misdemeanor. 30. Any person who shall directly or indirectly give, or receive, or promise, contract or agree to give or re- ceive, any sum or sums of money, or any goods, chattels, gifts, lands or real estate, or any other thing, present or reward whatsoever, to secure or obtain, or to give out or grant the printing of blanks, notices, advertisements, or any other printing, or any other work or thing, con- nected with, or in or appertaining to, any office or de- partment of the government of this state, or any office or department of the government of any county, city, MISCELLANEOUS LAWS. 165 town, township, borough or other place in this state, shall be guilty of a misdemeanor. 31. Any board of chosen freeholders or any town- ship committee, or any board of aldermen, or common a i>P r P riatlon - councilmen, or any board of education, or any board of commissioners of any county, township, city, town or borough in this state, or any committee of any such board, committee or commission, which, or any member thereof who shall disburse, order or vote for the dis- bursement O'f public moneys, in excess of the appro- priation respectively to any such board or committee; or which board or committee, or any member thereof, who shall incur obligations in excess of the appropria- tion and limit of expenditure provided by law for the purposes respectively of any such board or committee, thus disbursing, ordering or voting for the disbursement and expenditure of public moneys, or thus incurring obligations in excess of the amount appropriated, and limit O'f expenditure as now or hereafter appropriated and limited by law, shall be jointly or severally guilty of a misdemeanor; provided, nothing herein shall pre- Proviso, vent any board of education fronn keeping open the public schools. 32. Any member of any board of chosen freeholders, or any township committee, or any board of education traas in fo C r n " ... i r 1 1 buildings or in anv school district, or any board o>f aldermen or comr supplies. . . . - . P. L. 1907, mon council in any city, or any board of commissioners p. 292. of any county, township, city, town or borough in this state, who shall be directly or indirectly concerned in any agreement or contract for the construction of any bridge or building of any kind whatsoever, or any im- provement whatever to be constructed or made for the public use or at the public expense, or shall be a party to any contract or agreement, either as principal or surety, between the county, township, city, town, bor- ough or school district, as the case may be, and any other party, or who shall be directly or indirectly inter- ested in furnishing any goods, chattels, supplies or prop- i66 MISCELLANEOUS LAWS. Manner of advertising and receiving proposals. erty of any kind whatsoever to or for the county, town- ship, city, town, borough or school district, the contract or agreement for which is made or the expense or con- sideration of which is paid by the board, council or committee of which such member is a part, shall be guilty of a misdemeanor. 33. When bids or proposals for supplies or for public works OT buildings or other public purposes are asked for by boards of managers having charge of any of the public institutions of this state, or by boards of free- holders, common councils, boards of works or other bodies having control of the counties, cities or other municipal bodies of this state or any department of the same, or any committees representing such boards or bodies, such boards or bodies or committees shall pro- ceed in the manner following, to wit : said boards or governing bodies or committees shall give public notice at the time such bids or proposals are advertised of the time and place when such bids shall be received, and at such time and place the said board or governing body or committee, being in session, shall receive such bids, and thereupon immediately proceed to unseal the same and publicly announce the contents in the presence of the parties bidding or their agents, providing said par- ties or agents choose to be then and there present, and also make proper record of the prices and terms upon the minutes of the body; no bids shall be received pre- vious to the hour designated in the public notice, and none shall be received thereafter; and any failure to comply with the provisions hereof shall be a misde- meanor. State board of children's guar.iians; appointment and term. P L. 1895, Chap. 165. STATE BOARD OF CHILDREN'S GUARDIANS. i. There shall be appointed by the Governor seven persons, two of whom shall be women, who shall be known as the state board of children's guardians, two of whom shall hold office for two years, two for four years MISCELLANEOUS LAWS. 167 and three for six years, as shall be indicated by the Governor on making their appointment, and thereafter all appointments, except to fill vacancies in the said board, shall be for six years, and shall be made by the Governor ; said board shall receive no compensation for Expenses met. their time or services but the actual and necessary ex- penses of each of them while engaged in the perform- ance of the duties of his or her office. 2. In case of the death or resignation of any mem- ber, or in case any member ceases to be a resident or citizen of this state, it shall be the duty of the Governor to fill such vacancy for the unexpired term only, and any member may be removed by the Governor for cause. 3. Said board of children's guardians shall have and y it is hereby vested with power to adopt a seal and rea- Ibid - sonable rules and regulations; said board of children's guardians shall have the care of and maintain a general supervision over all indigent, helpless, dependent, aban- doned, friendless and poor children who may now be or who may hereafter become public charges ; and said board shall have the care of and maintain supervision over all children adjudged public charges, who may now be in the charge, custody and control of any county asylum, county home, almshouse, poorhouse, charitable institution, home or family, to which such child or chil- dren may be or have been committed, confined, adopted, apprenticed, indentured or bound out ; said board shall have and is hereby vested with power to appoint such agents, one being a woman, and other subordinate offi- cers as it may deem necessary ; said board shall fix their compensation, subject to the approval of the Governor, and the amount paid for compensation of such agents and other officers shall not exceed the sum appropriated by the legislature for the purpose. 4. It shall be the duty of the state board of children's Further duty. J P. L,. 1902, guardians, when any child shall become a public charge, Cha P- 16 - to place such child in the care of some family within this state, with or without the payment of board, and with 1 68 MISCELLANEOUS LAWS. Proviso. Proviso. Visitations. P. Iv. 1895, Chap. 165. Reports. or without indenture; and it shall further be the duty of such state board of children's guardians to place such child in the care of some family of the religious faith of the parent or parents of such child, and during the pe- riod in which the state board of children's guardians is seeking such famiily for such child and until such family is secured as hereinbefore provided, it shall be the duty of the state board of children's guardians; to place such child in the custody of an institution in this state for the care of children ; provided, that the institution in which the child is placed shall be one maintained for children of the religious faith of the parent or parents of such child when such an institution exists therein ; in case no institution of such religious faith exists in this state, then the said board of children's guardians shall use its discre- tion in providing an institution for the care of such child until a family has been secured; provided, that nothing in this act contained shall be construed as giving such state board the custody of any child heretofore or here- after placed by a board of chosen freeholders in a duly incorporated charitable institution located in the county where such child shall have been committed as a public charge pursuant to an act approved March twenty-fifth, anno domjini one thousand eight hundred and eighty- one, entitled "A supplement to an act entitled 'An act for the settlement and relief of the poor' (Revision), approved March twenty-fifth, one thousand eight hun- dred and seventy-four." 5. It shall be the duty of the state board of children's guardians to visit, by its agent or agents, quarterly, all children who may be committed under this act, and also any home, asylum, institution or private family where any such child or children may be placed; said board shall report from time to time to the Governor, and make a yearly report to the Governor and legislature of the state, showing in detail the work of said board for that time. MISCELLANEOUS LAWS. 169 6. The county board of chosen freeholders of the ^ s b r v ro ~ lespective counties of this state shall annually hereafter c ^f^. Tce provide sufficient funds for the objects of this act in ] their respective counties for the support, care and edu- cation and maintenance of any child or children ad- judged to be a public charge, and who shall become thereby wards of the state board of children's guard- ians; said sum shall not be less than one dollar and fifty cents per week for each child. 7. It shall be the duty of the proper officers in anv Provisions for ' expenses m county, township, borough, city or other municipality in jjjjjjjjjj any county in the state having jurisdiction to provide in ]bid - their annual budget for the expense of maintaining such children as aforesaid; said sum not to be less than one dollar and fifty cents per week for each child. 8. It shall be the duty of every overseer of the poor overseer of or other officer in any borough, city, county, township or r - 1 ether municipality in any county in the state, having Chap - 16 - jurisdiction and power to do so, to commit such child or children to the care of the keeper of the almshouse or such other institution where he would commit such child or children, for the term of thirty days after the date of such commitment; thereupon he shall forthwith give a written notice of such commitment to the state board of children's guardians, which notice shall contain a de- scription of such child, or children, embracing its or their name, age, sex, religion, faith of its or their parent or parents, date of commitment and such other informa- tion as such officer has been able to ascertain ; upon such Wards of commitment being made by such officer as aforesaid, guardians, such child or children shall immediately become the ward or wards of the state board of children's guard- ians, and said state board of children's guardians shall thereupon, for all intents and purposes, become and be declared the legal guardian of such child, and entitled tc its custody, and which right of guardianship shall supersede any right of the parents of said child, so far MISCELLANEOUS LAWS. Children placed as soon as possible. P. L. 1895, Chap. 165- Return children to parents. Ibid. Until effective organization is completed. Ibid. Remain as guardians. Ibid. as its custody is concerned; but said board may sur- render such right to one or both parents, if in the opinion of said board the best interests of said child will be promoted thereby, and the parent or parents are of good moral character and capable of maintaining said child ; and said keeper of the almshouse or other institu- tion shall, within forty-eight hours after such child is placed in his care, notify said board of children's guard- ians of the presence of said child in said almshouse or institution. 9. It shall be the duty of the state board of children's guardians, upon receipt of the notice of the commitment of any child as hereinbefore provided, to place such child or children in the manner hereinbefore provided as soon as possible thereafter; and in no case shall said child or children who may hereafter be committed as public charges, who may be over the age of twelve months, be confined in such almshouse for a longer period than thirty days, and the keeper of such almshouse shall sur- render such child or children to the care and custody of the state board of children's guardians at any time v/ithin thirty days, when surrender is demanded. 10. The state board of children's guardians may, in its discretion, return any child or children becoming wards of said state board to the parent or parents or other relative agreeing to assume the care and mainte- nance of such child or children or of sufficient ability to do so. 11. The state board of children's guardians may, in their discretion, for the purpose of effective organiza- tion require the continuance of children in almshouses or other places where such children may be kept for a period of not longer than six months after the passage of this act. 12. The state board of children's guardians shall re- main the guardian of all children indentured, bound out or put forth, who may now be or may hereafter become public charges. MISCELLANEOUS LAWS. 171 13. This act shall be construed liberally and for the benefit of any child or children so becoming ward or Ibld * wards of such state board of children's guardians as aforesaid. Rules and Regulations PRESCRIBED BY THE State Board of Education (173) Rules Relating to Certificates. 1 . No person shall be employed as a teacher, principal or super- visor,* unless he shall hold a certificate, which certificate shall be in full force and effect in this State and valid for the position to be filled at the time he shall begin teaching under a contract entered into with a Board of Education. Any person accepting a position as teacher in any school shall, before entering upon the duties of such position, exhibit his certificate to the County Superintendent of Schools or the City Superintendent of Schools of the county or the city in which such school shall be situate. 2. Any applicant for a certificate shall be at least 18 years of age, shall file testimonials as to moral character, a physician's certificate of health, and, in case of previous experience, testi- monials as to his success in teaching, and shall also present a written statement giving the places in which he has taught and the term of service in each. 3. No certificate, granted upon examination, shall be issued to any person whose percentage in any subject covered by the exam- ination shall fall below 70 per cent, except as hereinafter speci- fied for provisional certificates. 4. An applicant to have his certificate renewed or made per- manent must file testimonials of success from his county or city superintendent, and from the president or district clerk, or sec- retary of the board of education under which he has been em- ployed. 5. Certificates in force July i, 1911, shall be renewed upon application by the State Board of Examiners, but shall be valid only as originally issued; provided, that in renewing or making * NOTE. The term "supervisor" includes county and city superintendents, supervising principals, principals of graded schools who devote their entire time to supervision, and supervisors of elementary or high schools. It does not include supervisors of special departments, as manual training, household economics, kindergartens, etc. 176 RULES AND REGULATIONS. permanent such certificates the State Board of Examiners shall be governed by the rules heretofore in force. 6. There shall be twx> general classes of certificates, viz., State Certificates, issued by the State Board of Examiners, and city certificates, issued to graduates of city training schools. Appli- cations for certificates should be filed with the State Board of Examiners at least one month prior to the date of the examina- tion. 7. A State Certificate shall be valid in any district in the State, in the grades covered by said certificate. 8. A City Certificate shall be valid only in the city in which it is issued. 9. The State Board of Examiners shall issue certificates of the following classes : Elementary, Secondary, Normal School, Supervisors, Special and. Provisional. 10. The State Board of Examiners may, under Rules and Regulations prescribed by the State Board of Education, revoke for cause any certificate granted by any Board oif Examiners. 11. Any person holding a Supervisor's Certificate shall be deemed and taken to hold a First Grade State Certificate as re- quired by law. PROVISIONAL CERTIFICATES. 12. Any applicant for any class of State Certificate may, be- tween the dates of the regular examinations, be granted a pro- visional certificate valid until the last of the second month follow- ing 1 the date of the next regular examination. 113. A provisional certificate shall not be renewed except, that in the case of a person who holds no certificate valid in this State, and who is therefore required to take an examination in all the subjects specified for the class of certificate applied for, a provisional certificate may be granted which shall be valid until the fifteenth day of the mionth succeeding the date of the second regular examination held after the granting of said provisional certificate; provided, the applicant shall, at the first examination, pass in more than half of the subjects specified for the class of certificate applied for, and shall secure at least 70 per cent, in each subject and a general average of not less than 75 per cent. RULES AND REGULATIONS. 177 14. Application for a provisional certificate shall be made to the county or city superintendent having supervision of the schools in which the applicant expects to teach. All provisional certificates shall be signed by the chairman and secretary of the State Board of Examiners, but shall not be valid licenses to teach unless countersigned by the superintendent by whom they are issued. A provisional certificate shall not be issued until there shall have been filed with said superintendent an application for a regular certificate valid for the grade in which the applicant expects to teach. Whenever a provisional certificate shall be issued the superintendent shall forthwith forward to the State Board of Examiners a statement setting forth the name of the person to whom it was issued, the grades for which it is valid and the date on which it was issued. He shall forward with SU( tteS&tement the application for the regular certificate and any credentials filed with him by the person to whom the provisional certificate was issued. Each superintendent shall keep an accurate record of all provisional certificates issued by him. DEFINITIONS FOR PURPOSES OF CERTIFICATION. 15. A Kindergarten School is a school for children "over the age of four and under the age of seven years." (Article XII, School Law.) 1 6. An Elementary School is a school in which there are any or all of the first eight years of work exclusive of the kinder- garten. 17. A Secondary School is a school in which there are any or all of the four years of work following the elementary school. 1 8. The term "year" shall mean a period of not less than nine months of twenty school days each. 19. The term "supervisor" includes county and city superin- tendents, supervising principals, principals of graded schools who devote their entire time to supervision and supervisors of ele- mentary or high schools. It does not include supervisors of special departments as manual training, household economics, kindergarten, etc. 12 s i. 1 78 RULES AND REGULATIONS. DATES AND PLACES FOR EXAMINATIONS. 20. There shall be two examinations for State Certificates each year. Said examinations shall be held on the last three Satur- days of April and the first three Saturdays in November, at places arranged for by the State Board of Examiners with the County and City Superintendents of the respective counties and cities. Other examinations may be held by the State Board of Exam- iners at such times and places as said Board may determine. STATE CERTIFICATES. 21. State Certificates may be obtained either by endorsement or examination. /. By endorsement. In lieu of examinations the State Board of Examiners may accept (i) the diploma of a state normal school of another state; (2) a permanent state certificate granted in another state on examination, provided, that such diploma or certificate covers work equivalent to that required in this State for the grade of certificate for which application is made; provided further, that the entrance requirements for such normal school shall have been the equivalent of those required for admission to normal schools in this State. 22. Certificates from other states shall be endorsed only on terms of reciprocity, except that normal school diplomas issued in states not having a State system of certification, and which are, therefore, unable to grant said reciprocal privileges, may be endorsed as hereinabove provided. 23. By examination. The diploma of an approved college, any New Jersey County or State Certificate in full force and effect, or which shall have been in full force and effect in this State within one year next preceding the date of the examination, and any credit heretofore given by any Board of Examiners shall be accepted in lieu of an examination in the subjects covered by such diploma or certificate or by such credits; provided, that in con- sidering the recognition to be given to such certificate and credits, the State Board of Examiners shall be governed by the rules heretofore in force. 24. Records from approved universities or colleges or ap- proved summer schools, of the satisfactory completion of a RULES AND REGULATIONS. 179 course of study in any professional subject required for any grade of certificate, may be accepted by the State Board of Ex- aminers in lieu of the examination in such subject, provided the record of the same be submitted under seal or affidavit of the institution. 25. The order in which the subjects shall be taken at an exam- ination shall be determined by the State Board of Examiners.* ELEMENTARY CERTIFICATES. 26. Limited. An applicant for a limited elementary certificate, upon examination, shall be examined in the following subjects: Orthography, Business Forms, Reading, Geography, Grammar, United States History, with Composition, Civics, Literature for the grades, General History, Arithmetic, Physiology and Hygiene, Penmanship, Drawing. 27. After September i, 1912, the applicant must have had one year of a course in an "approved" high school, after 1913, two years; after 1914, three years, and after 1915 must be a graduate of such school. 28. This certificate shall be valid for one year, at the end of which it may be renewed without examination for two years. 29. Permanent. A limited elementary certificate may be made permanent after three years of successful teaching in this State, and after an examination in the following required subjects : Psychology, Physics, Physical Training, Elementary Algebra, Manual Training, or House- Theory and Practice of hold Economics, Teaching. History of Education, And any three of the following electives : * For schedule see last page, 185. i8o RULES AND REGULATIONS. Botany, Agriculture, Chemistry, Plane Geometry, Vocal Music, Astronomy. Zoology, 30. An elementary certificate shall entitle the holder to teach in an elementary school. SECONDARY CERTIFICATES. 31. Limited. An applicant for a limited secondary school certificate shall hold a diploma from an approved college, or a diploma from an approved four year high school teachers' course of a State normal school, or shall be the holder of a New Jersey Permanent Elementary State Certificate ; and, in addition thereto- shall be examined in such of the following subjects as are not covered by such diploma or certificate: Psychology with special refer- Physiology and Hygiene, ence to teaching, 'Principles of Secondary History of Education, Education. And the subject or subjects to be taught. 32. This certificate shall be valid for one year, at the end of which it may be renewed without examination for two years. 33. A secondary certificate shall entitle the holder to teach in a secondary or in an elementary school. 34. Permanent. A limited secondary school certificate may be made permanent after three years of successful teaching. SUPERVISORS' CERTIFICATES. 35. Limited. An applicant for a limited supervisors' certifi- cate shall be at least twenty-five years of age, shall hold a New Jersey elementary or secondary certificate, or the equivalent thereof, shall have had at least five years experience in teaching, shall have been principal or supervisor of a school or schools employing at least five assistant teachers for at least one year, and shall present testimonials of his executive ability from the county or the city superintendent and the president, district clerk RULES AND REGULATIONS. 181 or secretary of the board of education under which he has been employed and shall pass an examination in School Organization. 36. Permanent. A limited supervisor's certificate may be made permanent after three years of successful experience as a super- visor. 37. A Supervisor's certificate shall be valid for any super- visor's position, and in addition thereto, to teach in any branch of study covered by such certificate. SPECIAL, CERTIFICATES. 38. Limited. A limited special certificate may be issued to teach in an evening school and to teach : Kindergarten, Cooking, Modern Languages, Sewing. Physical Training, Agriculture, Music, Bookkeeping, Drawing, Stenography and Typewriting, Manual Training, Penmanship, and such other industrial or vocational branches as may be de- termined by the State Board of Examiners. 39. An applicant for a special certificate shall be examined in the subject or subjects to be taught, and for Kindergarten, Mod- ern Languages, Bookkeeping, and Evening Schools, shall be a graduate of a four-year approved high school course, or the equivalent. 40. This certificate is valid for one year, at the end of which it may be renewed without examination for two years. 41. Permanent. A limited special certificate may be made permanent after three years of successful teaching. 42. A special certificate shall entitle the holder to teach or supervise any grade in the subject or subjects covered by such certificate. 43. Kindergarten shall include Kindergarten Drawing- and Kindergarten Music. 44. Drawing shall include Plane Geometry. 1 82 RULES AND REGULATIONS. 45. Bookkeeping' shall include Commercial Arithmetic, Com- mercial Law and Business Practice. 46. Manual Training shall include Mechanical Drawing. 47. Cooking shall include Household Chemistry, Physiology and Hygiene. 48. Sewing shall include dressmaking. 49. Penmanship shall include Theory and Practice of Pen- manship, Orthography and English Grammar. 50. Music shall include History of Music, Methods in Music and Musical material used in schools. An applicant for a Music Certificate must also file testimonials from two qualified teachers of Music. 51. Stenography and Typewriting shall include English Gram- mar, Composition and Orthography. 52. Modern Languages shall include Psychology, History of Education, Theory and Practice. NORMAL SCHOOL CERTIFICATES. 53. A certificate for either the two-year or the three-year nor- mal course shall rank as an elementary certificate. 54. A certificate for efficient special work in any subject to the extent of two elective units shall rank as a special certificate in that subject. 55. A certificate for the high school teachers' course of four years shall rank as a secondary certificate for the subjects cov- evered by it. 56. A Kindergarten-Primary certificate shall be valid for a Kindergarten and the first three primary years. 57. A Normal certificate may be made permanent after two years of successful teaching under such certificate. PLAN OF EXAMINATIONS. 158. Readers. The State Board of Examiners shall appoint readers who shall hold secondary certificates or their equivalent. The number of Readers, their term of service and their compen- sation shall be fixed bv the State Board of Education. RULES AND REGULATIONS. 183 59. Preparation of Questions. The work of preparing ques- tions for the examinations shall be done under the supervision of the State Board of Examiners. 60. Conduct of the Examinations. The examination shall be held simultaneously, under the personal supervision of the County and City Superintendents of Schools. /Questions shall be in sealed envelopes, which shall be broken at the times indicated thereon, and in the presence of the applicants. 61. Each applicant shall write his name and address upon a card and shall seal the same in a numbered envelope. The en- velope shall be collected by the person in charge of the examina- tion and forwarded by him to the Commissioner of Educa- tion. The applicant shall mark each sheet of his examination paper with his assigned number, but shall oiot write his name or any distinguishing mark upon his paper nor upon the outside of the envelope which contains his name and address. This en- velope shall not be opened until all the papers have been duly- examined, and under conditions hereinafter stated. 62. When all the applicants shall have completed the exami- nation in a given subject, the County Superintendent shall seal the papers in double envelopes, writing upon the inner envelope the subject and place of examination. This package shall be immediately sent to the Commissioner of Education. 63. Rleaders. The Readers shall mark the papers, upon the basis of 100 credits, and shall make a record of the papers, dis- tinguishing them by their numbers. This record for each of the numbers, signed by the reader, shall be sealed in an envelope and sent to the Commissioner of Education. No reader shall affix any mark upon the papers which might tend to influence the examiners. 64. The Commissioner of Education shall retain the reports of the readers, sealed until all readers have made their reports. 65. The sealed reports of the readers shall be opened by the State Board of Examiners and the result of the examination for each subject recorded. 66. Identifying Applicants. The numbered envelopes contain- ing the names of the applicants shall not be opened except at a 1 84 RULES AND REGULATIONS. meeting of the State Board of Examiners, and not until the markings, according to the distinguishing numbers, are fully completed by the readers. The names shall then be substituted for the numbers. 67. Records. The State Board of Examiners shall keep a record of all the certificates it shall grant and shall report the same to the State Board of Education. 68. County and City Superintendents shall report all certifi- cates held by the teachers under their supervision to the Commissioner of Education, who shall keep a record of the same. 69. County and City Superintendents shall file all contracts, rules and regulations of Boards of Education concerning the employment of teachers, and keep an accurate record thereof. 70. District Clerk. The District Clerk of each school district shall, within ten days after a contract with a teacher shall have been made, forward to the County Superintendent of Schools a copy of such contract, if the same shall be in writing, but if such contract shall have been made under rules adopted by the Board of Education said District Clerk shall report to the County Superintendent of Schools the name of such teacher, the term and position for which he shall be employed, the amount of salary and the class and date of his certificate. 71. Each Board of Education which shall adopt rules govern- ing the employment of teachers in accordance with the provi- sions of section 106 of the School Law, shall file a copy of such rules, and any amendment thereof, or supplement thereto, with the County Superintendent of Schools. RULES AND REGULATIONS. ORDER OF EXAMINATIONS, MAY AND DECEMBER. 185 First Saturday. 9: is A. M. Second Saturday. g: 15 A. M. Third Saturday. 9: is A. M. LIMITED ELEMENTARY. Arithmetic Penmanship General History Business Forms Composition Literature for the Grades PERMANENT ELEMENTARY. Psychology "Astronomy Manual Training * Botany *Zoology History of Education * Chemistry SECONDARY AND SUPERVISOR. Principles of Secondary Education School Organization SPECIAL. Kindergarten Kindergarten Drawing Kindergarten Training Kindergarten Music Stenography, Typewriting, in- cluding English Grammar, Composition and Orthography. Manual Training, including Mechanical Drawing Music History of Music Methods of Music Music Material Commercial Arithmetic Commercial Law Latin French x: 15 P. M. 1:1-5 P. M. i: 15 P. M. LIMITED ELEMENTARY. Orthography Reading Enelish Grammar U. S. History with Civics Geography Drawing, Physiology and Hygiene PERMANENT ELEMENTARY. Physical Training, *Agriculture Household Economics Theory and Practice Elementary Algebra *Vocal Music Physics * Plane Geometry SPECIAL. Cooking, including Household Chemistry Sewing, including Dressmaking Bookkeeping Business Practice fPenmanship Drawing, including Plane Geometry German Spanish Greek * Electives; three are required. t Special Penmanship includes Orthography, English Grammar and Theory and Practice of Pen- manship. COUNTY SUPERINTENDENTS. i. Each County Superintendent shall visit the schools in his county as often as may be necessary ; provided, that he shall visit every school under his jurisdiction at least once in each year 4 ,; provided -further, that the total number of visits made during the year shall equal at least twice the number of schools under his 1 86 RULES AND REGULATIONS. jurisdiction, the additional visits to be made to such schools as, in his judgment, most need his encouragement and advice. At such visits he shall inquire into the management, methods of instruction and discipline in such schools; note the condition of the school-houses, sites, buildings and appurtenances, examine the course of study, text-books and school libraries, and recommend to and counsel teachers as to proper studies, methods, discipline and management for the schools. 2. The County Superintendent shall distribute promptly all documents, forms, laws, circulars and instructions which he may receive from the Commissioner of Education or the State Board of Education. 3. The County Superintendent shall see that the decisions of the Commissioner of Education and the State Board of Educa- tion, upon controversies arising under the School laws of the State or under the rules and regulations prescribed by the State Board of Education are obeyed; and in case such decisions are not obeyed he shall so inform the Commissioner of Education and state the circumstances. 4. The County Superintendent shall preserve carefully all reports of school officers and teachers, and at the close of his official term shall deliver to his successor all records, books, documents, papers and property belonging to the office. 5. The County Superintendent shall not be agent for or be in any way pecuniarily or beneficially interested in the sale to the board of education of any school district under his supervision of any text-books, maps, charts, school apparatus or supplies of any kind, or receive compensation or reward of any kind for any such sale or for unlawfully promoting or favoring the same. Any County Superintendent who shall violate this provision shall be subject to removal from office. 6. The County Superintendent shall meet each board of edu- cation in his county at least twice each year, at such times and places as he may appoint. 7. The County Superintendent shall, in the manner now pro- vided by law, and subject to the approval of the Commissioner of Education, prepare and establish a uniform course of study and a standard of graduation in the schools under his supervision. RULES AND REGULATIONS. 187 8. The County Superintendent shall, by such means as he shall deem most practicable, establish a County Pedagogical Library, and shall, subject to the approval of the Commissioner of Education, designate courses of pedagogical reading. 9. The Commissioner of Education shall furnish blank diplo- mas to be awarded by County Superintendents to all pupils who shall successfully complete the prescribed course of study; also di- plomas suitable to be granted to such teachers as shall prove that they have intelligently completed the courses of professional reading prescribed for their respective grades. 10. The Advisory Committee shall, subject to the approval of the State Board o>f Education, prepare rules for the examina- tion of applicants for the position of County Superintendent; shall conduct such examinations and shall report its findings to said board at. its regular meeting in June. 11. Each County Superintendent in his annual report to the Commissioner of Education shall specifically report as to whether the provisions of Section 230 of the School Law relat- ing to the display of the United States Flag during school hours, and whether section 265 relating to Flag Day on the fourteenth day of June, in each year, have been complied with in the various school districts therein, and shall annually, and at such other times as he may deem advisable, direct the attention of the boards of education therein to the necessity of complying with the pro- visions of said sections. He is also directed to recommend that in each school the daily exercise shall include a salute to the United States flag, and shall include in his report a statement of the observance of this custom. TEACHERS' INSTITUTES. i. The Commissioner of Education shall secure instructors, prepare programs and provide a county institute for each county of the State, but shall hold joint institutes wherever practicable. General sessions of such institutes may, if deemed advisable, be held during each forenoon, but the afternoon session shall be divided into either two or three departments, in which the instruc- 1 88 RULES AND REGULATIONS. tion given shall be adapted to the several grades of teachers in attendance. 2. No public school in the State shall be in session, or shall be deemed to be in session, during the period the institute for the county in which it is situate shall be held. 3. All teachers shall attend the annual institute held for the county in which they are teaching ; and no deduction shall be made from the salary of any teacher for the time he shall be in attend- ance upon said institute. 4. The Commissioner of Education shall pay all expenses in- curred in connection with each county institute, but only upon the presentation of itemized and certified bills, and shall render to the State Board of Education both an itemized and a summarized account of the amount expended, accompanied with appropriate vouchers. 5. The County Superintendent shall make all necessary local arrangements for the county institute, shall preside at the same, shall render an exact statement to employing boards as to the time each teacher in the county has been in attendance at said institute, and no teacher shall be paid for time not in actual attendance at the said institute, except upon the presentation of a written excuse from the County Superintendent. TEACHERS. i. The order or warrant for the balance of salary due any teacher at the time of closing the school for the summer vacation shall not be delivered to such teacher until the district clerk or other officer authorized to deliver such order or warrant shall have received written notice from the Commissioner of Edu- cation that such teacher has filed his or her register and report of attendance with him; provided, that in any school in which more than one teacher shall be employed, the principal thereof shall file the registers and reports ; and provided further, that in any district having a superintendent or a supervising prin- cipal the filing of the registers and reports with such super intend- -ent or supervising principal shall be deemed to be a compliance RULES AND REGULATIONS. 189 with the provisions of this rule, and said superintendent or super- vising principal shall forward the registers and reports to the Commissioner of Education. SCHOOL ATTENDANCE. 1. For the purpose of apportionment a day shall consist of not less than four hours of actual school work, except in kinder- gartens one continuous session of two and one-half hours may be considered a day. Night school sessions shall be reckoned as half days. 2. The mere presence of a pupil at roll call will not be con- sidered as sufficient attendance to be a compliance with the intent of the law. A pupil must be present at least one hour during any forenoon, afternoon or evening session in order to be recorded present. 3. No attendance is to be marked in the register for the days during which the school shall be closed, but a report shall be made to the Commissioner of Education at the end of the year stating in detail the days on which the schools were closed and the reasons therefor. The attendance for days when the school shall have been closed for good cause will be computed by said Commis- sioner of Education, and all that the teacher is required to do is to note in the register on each day the school shall be closed, the reasons why a session of the school was not held. 4. Whenever a dwelling shall be quarantined by order of the board of health, notice shall be sent to the Commissioner of Education of the date when the quarantine went into effect and the date when it was raised, with a certificate from the board of health stating the reasons for the quarantine. Chil- dren residing in the building quarantined, who shall be actually on roll in the school at the time the building shall be quarantined, excepting children who are ill, shall be counted as present during the time the building shall be quarantined. The allowance for attendance lost by pupils quarantined will be added to the total attendance of the district by the Commissioner of Education at the end of the school year. The Commissioner of Education shall prepare and distribute blank forms for carrying this rule RULES AND REGULATIONS. into effect, and the notice provided for in this rule shall be for- warded on said forms as soon as possible after said quarantine shall be raised. 5. When schools do not have regular half -day classes, the rainy day session may be the length of the usual morning session. SCHOOL LIBRARIES 1. In each city school district all selections of books of refer- ence, books for school libraries, school apparatus and educational works of art, purchased in part by State funds, shall be approved by a committee of five persons, consisting of the city superin- tendent of schools, if there be one, two principals of public schools in such city to be appointed by said city superintendent, and two residents of the city to be appointed by the Board of Education. If in any such city there shall be a public library, with a regularly appointed and qualified librarian who shall be able to serve, said librarian shall be a member of such committee, in which case the Board of Education shall appoint one resident of the city on such committee instead of two as is hereinbefore provided. In any city school district not having a city superin- tendent of schools, the county superintendent of schools o>f the county in which such city shall be situate, shall be a member of said committee, and shall appoint said principals. 2. In each township, incorporated town and borough school district, all selections of books of reference, books for school libraries, school apparatus and educational works of art, pur- chased in part by State funds, shall be approved by a committee consisting of the county superintendent of schools for the county in which such district shall be situate, the President of the Board of Education, the principal of the school for which the purchases shall be made, and the supervising principal of the district, if there be one. If in any such school district there shall be a public library, with a regularly appointed and qualified librarian, who shall be able to serve, said librarian shall also be a member of such committee. RULES AND REGULATIONS. 191 APPROVAL OF HIGH SCHOOLS. 1 . Those schools shall be classed as high schools which require for admission the successful completion of eight years of graded pre-academic work, or its equivalent, said pre-academic work to be approved by the State Board of Education. 2. High schools that fully meet the standards set by the State Board of Education shall be classed as "Approved High Schools." 3. In order to be approved, a high school must meet the fol- lowing 1 conditions : (a) All the regular courses of study must cover four full years of school work, and must be approved by the State Board of Education. (b) The teaching and equipment must be approved by the State Board of Education, but such approval will not be granted unless three years of high school work are in actual operation. (c) The teaching force must be adequate in number, and shall, in every case, consist o*f at least three teachers, each of whom shall be engaged exclusively in high school work. (d) Diplomas shall be granted only to pupils who shall have completed a full four-year course, aggregating at least seventy - two (72) academic counts. The counts shall be reckoned in accordance with the number of recitations per week of a school year of at least thirty-eight weeks, and the recitation periods shall average at least forty minutes. 4. A three-year high school will be registered as a "Partial High School" in case it meets the following conditions : (a) All the regular courses of study moist cover three full years of school work, and must be approved by the State Board of Education. (b) The teaching and equipment must be approved by the State Board of Education, but said approval will not be granted unless at least two years of high school work are in actual operation. (c) The teaching force must be adequate in number, and shall consist in every case of at least two teachers, each of whom shall be engaged exclusively in high school work. 192 RULES AND REGULATIONS. (d) Certificates of graduation shall be granted only to pupils who have completed a full three-year course, aggregating at least fifty- four academic counts. The counts shall be reckoned in accordance with the number of recitations per week of a school year of not less than thirty-eight weeks, and the recitation periods shall average not less than forty minutes. 5. Properly certified graduates of an approved high school shall be entitled to admission, without examination, to the two- year professional courses of the State Normal Schools. 6. Properly certified graduates of a three-year partial high school shall be entitled to admission, without examination, to the three-year courses of the State Normal Schools. 7. Certificates for work done may be granted by a local Board of Education to pupils who have not completed a full four-year high school course, but such certificates shall not be granted as diplomas; and must, in each case, state the number of years' work successfully completed. Holders of such certificates shall not be ranked as graduates from any course. APPORTIONMENT TO HIGH SCHOOLS. 1. The sum of $400 shall be apportioned to each district for each teacher who shall have been permanently and exclusively employed in a high school in which only an approved four years' course or approved four years' courses of study are maintained. 2. The sum of $300 shall in like manner be apportioned for each teacher who shall have been permanently and exclusively employed in a high school maintaining only an approved course or approved courses of study of not less than three years. 3. High schools maintaining courses of study which differ in scope and in the term or time required for their completion shall be classified for apportionment in accordance with their shortest course. REGISTRATION OF PRIVATE SCHOOLS. i. A private secondary school may, upon the request of its governing authority, be registered in the Department of Public RULES AND REGULATIONS. 193 Instruction if, after inspection by a representative of said depart- ment, it shall be found to comply with the following conditions: (a) It must be under the management of a corporate body, board of trustees or other responsible control. (b) In all other respects the same standards shall apply as are prescribed by the State Board of Education for the public high schools. 2. Graduates of private registered secondary schools shall be entitled to admission to the State Normal Schools on the same terms as apply to graduates of the public high schools. MEDICAI, INSPECTION. 1 . Every board of education shall appoint one or more medical inspectors of schools in its district. Every medical inspector shall be a regular practitioner of medicine, duly qualified to practice in that district and physically able to serve. It shall fix his duties in accordance with the rules of the State Board of Edu- cation and regulate his pay. The medical inspector shall be ap- pointed for one year. 2. Two or more adjoining school districts may unite in the employment of a medical inspector for economy's sake or other reasons. Under such circumstances each district shall pay its part of the salary in proportion to the number of pupils in each district. 3. The Commissioner of Education shall provide the neces- sary blanks needed for carrying on the work of medical in- spection and for gathering, preserving and forwarding to the State Board the statistics collected. These records are the property of the local boards and must be preserved by them. Such parts of these records as may be designated from' time to time shall be filed with the Secretary of this Board. 4. Pupils sent home from school by a medical inspector, with a diagnosis of infectious or contagious disease, either actual or suspected, shall not be readmitted to their respective class-rooms until they shall present a written excuse signed by their family physician or some other regularly qualified physician, who has 13 s L 194 RULES AND REGULATIONS. examined or treated them. This rule covers cases of disease of the skin or scalp, and of purulent discharges from the eyes, nose or ears, as well as the commonly .recognized diseases of an in- fectious or contagious nature. 5. Boards of education shall carefully conform to all rules of the local Boards of Health regarding sanitary conditions in and about school property and in the matter of quarantine. 6. A medical inspector shall use the same care and skill in examining pupils under his charge as he would in the case of private patients. 7. The time for the stated medical inspection of the schools shall be arranged in each district to suit the convenience of the school authorities and the inspectors. It is advisable that the regular visit for the detection of possible communicable diseases should be made as soon after the opening of the morning session of school as possible, in order that children suffering from such diseases may not be kept in the class-rooms and become a fur- ther source of danger to others. Emergency calls must be re- sponded to as quickly as possible. S. Frequency of regular inspections In general, local boards shall determine this point, provided, they do not fall below the following minimum requirements : a. Rural districts, scattered school-houses. Each school at least once a month. b. Villages and small towns. Each school at least twice a month. c. Towns and cities. At the discretion of the local boards and medical exam- iners, but not less than once a week. 9. At the commencement of each school year the medical in- spector shall arrange to make a systematic examination of each school child in his district. This shall comprise a thorough examination of a. Eyes, for farsightedness and nearsightedness ; color blindness; squint and roughly for astigmatism if sus- pected; also the condition of the eyelids. b. Ears. Acuteness of hearing. Presence or absence of discharges. RULES AND REGULATIONS. 195 c. Throat. Condition of tonsils. Probable adenoids. Nasal deformities or discharges. d. Teeth. Condition and care. e. Deformities. Spine, limbs, etc. f. Skin. Presence or absence of eruptions. Condition of scalp. g. Where practicable, measurements. Height, weight and chest measures. Examination of heart and lungs. These examinations shall be made by the medical inspector himself and not left to nurses or teachers. 10. It shall be the duty of the medical inspector to immediately exclude from the class-room any pupil whom he may suspect of having any form of contagious or infecti6us or communicable disease. This pupil shall be sent home at once with a written statement signed by the medical inspector, stating the nature of the disease suspected, and requesting that the pupil may be seen at once by its family physician. The medical inspector shall not attend such cases professionally unless he is the regular medical attendant of the family. n. The medical inspector shall be especially careful to comply with all rules and regulations of the local and State Boards of Health, and promptly notify the proper authorities of all cases of contagious or infectious disease. 12. The medical inspector shall, from: time to time, examine into the sanitary condition of all school properties in his district and keep the board of educaton informed thereof. Any special work required of the medical inspector by the local board of education, such as frequent extra visits, vaccination or fumiga- tions, shall be arranged for by mutual agreement. 13. The certificate of exemption from vaccination of any pupil shall be made by the medical inspector. APPEALS. i. All appeals shall be heard on the record on which the Com- sioner of Education rendered his decision, which record shall be certified by him to the State Board of Education. 196 RULES AND REGULATIONS. APPEALS HOW AND WHEN TO BE TAKEN. 2. Appeals must be taken within thirty days after the Com- missioner of Education has filed his decision. An appeal shall be taken by filing with the Commissioner and serving by registered mail or personally upon the adverse party or his attorney, a notice identifying the decision and stating that an appeal is taken to the State Board of Education from it, or from such part of it as may be specified. An affidavit setting forth the time and manner of service must be promptly filed with the Commissioner. POINTS. 3. Within five days after an appeal is taken the appellant shall file with the Secretary of the Board and serve upon the respond- ent a statement setting forth the points on which he relies and a reference to the evidence and authorities, if any, in support thereof. At the same time he shall file with the Secretary of the Board, if he so desires, a written request for an oral hearing. The respondent within five days after the service of the appell- ant's points may file with the Secretary of the Board and serve upon the appellant an answer to his points, and if he so desires, a written request for an oral hearing. 4. If answering points are served the appellant may within two days thereafter file and serve points in reply. HEARING ON APPEAIv. 5. On the fifteenth day after an appeal has been taken, the Secretary of the Board shall remit the record, certified as here- inbefore provided, the notice of appeal, the affidavit of service, the points and the requests, if any, for an oral hearing, to the Advisory Committee. Such committee shall determine whether or not an oral hearing should be held, and if so, it shall fix the time and place and notify the parties. It shall consider the appeal and recommend its conclusions to the Board. RULES AND REGULATIONS. 197 COPIES OF RUIZES. 6. When a notice of appeal is filed in the office of the Com- missioner of Education, he shall forthwith mail a copy of these rules to each of the parties. Blanks and Forms For School Officers. (199) Blanks and Forms for School Officers The following Forms have been prepared for the use of all officers having duties to discharge under the School Law. Their use will secure uniformity and correctness in the transaction of financial and general school business. The literal use of these Forms is in no case essential to the validity of a school instru- ment. Any Form may be used which clearly expresses the objects designed, or the intention of the parties interested, and conforms in all respects to the requirements of the law, but as those an- nexed have been prepared with strict reference to these necessary conditions, their use is recommended. The blank spaces are to be filled to meet the varying circumstances in each case. CALVIN N. KENDALL, Commissioner of Education. (201) 202 BLANKS AND FORMS Forms fcr County Superintendents* I. (Form No. 15.) Transfer Certificate. ,. . . .County. Transfer Certificate Nb This is to certify that , residing in the School District of County of ., has re- ceived the consent of the County Superintendent to attend the Public Schools in the School District of , County of Dated , 19. ... County Superintedent. One copy should be filed with the clerk of the school district in which the pupil attends school, and one copy with the clerk of the school district in which said pupil resides. When the districts are in adjoining counties, the certificate must be signed by the County Superintendent of each county. II. (Form No. 21.) Notice of Institute Postal Card. ,N.J.,.. ,../,. 19.. The Teachers' Institute for , County will be held at , beginning , 19 . . , and closing , I9-- County Superintendent. RULE PRESCRIBED BY THE STATE BOARD OF EDUCATION. "All teachers are required to attend the Annual Institute, held for the County in which they are teaching ; and no deduction shall be made from the salary of any teacher for the time he or she shall be in attendance upon said institute." FOR SCHOOL OFFICERS. 203 III. (Form No. 22.) Certificate of Teacher's Attendance at Institute. N. J., ,19... To the Board of Education of the School District of I hereby certify that has been in attend- ance at the Annual Institute of the County, just closed, days. County Superintendent. IV. (Form No. 25.) Statement of Expenses. ,N.J., ,19... To the State Board of Education : Herewith I submit a statement, by items, of the expenses in- curred by me in the performance of my official duties as County Superintendent of Schools for . County, for the three months ending , 19 ... OFFICE EXPENSES. Postage, Expressage, Stationery, Printing, MISCELLANEOUS EXPENSES. EXPENSES INCURRED IN VISITING SCHOOLS. Date , Schools, Date . . , Schools, 204 BLANKS AND FORMS SUMMARY. Office expenses, Miscellaneous expenses, ....... , Expenses incurred in visiting schools, Total, Total number of schoolhouses in the County, Total number visited during the three months ending ........ ...,19..., . Numbers of the schools not visited, Reasons why these schools were not visited, STATE OF NEW JERSEY, County , ' On this day of , 19 . . . , before me personally appeared , County Superintendent of County, who, on his oath, saith that the within statement is true, and that, to the best of his knowledge and belief, he has, during the time for which this statement is made, faithfully performed all the duties imposed by the School Law and by the regulations of the State Board of Education. Sworn and subscribed before me this day of , 19. .. V. (Form No. 26.) Order on County Collector for the $200,000 State School Fund Appropriation. OFFICE OF COUNTY SUPERINTENDENT, \ No , N. J., ,19-.- To the Collector of County : Pay to the order of , Custodian of School Moneys of the School District of , dollars, being the amount apportioned out of the State Appro- priation of $200,000, for the support of Public Schools in said District, for the School Year beginning July 1st, 19. . , $ County Superintendent. FOR SCHOOL OFFICERS. 205 VI. (Form No. 26A.) Order on County Collector for the State Appropriation. OFFICE OF COUNTY SUPERINTENDENT, No ,N.J., ,19... To the Collector of County : Pay to the order of .. . . , Custodian of School Moneys of the School District of ., dollars, being the amount apportioned out of the State Appro- priation for the support of Public Schools in said District, for the School Year beginning July 1st, 19. . ., in accordance with the provisions of section 177 of the School Law. $.. County Superintendent. VII. (Form No. 27.) Order on the County Collector for the State School Tax. OFFICE OF COUNTY SUPERINTENDENT, No ,N.J., ,19... To the Collector of County : Pay to the order of . , Custodian of School Moneys of the School District of ., dollars, being the amount apportioned out of the State School Tax for the support of Public Schools in said District, for the School Year beginning July ist, 19. .. $.. County Superintendent. 206 BLANKS AND FORMS VIM. (Form No. 28.) Order on the County Collector for the Reserve Fund. OFFICE OF COUNTY SUPERINTENDENT, ~| No ...,N.J., ,19... / To the Collector of County : Pay to the order of . , Custodian of School Moneys of the School District of , dollars, being the amount apportioned out of the Reserve Fund for the suport of Public Schools in said District, for the School Year beginning July ist, 19. .. $ County Superintendent. IX. (Form No. 29.) Order on the County Collector for the Interest of Surplus Revenue. OFFICE OF COUNTY SUPERINTENDENT, No ,N.J., ,19... To the Collector of County: Pay to the order of , Custodian of School Moneys of the School District of , . dollars, being the amount apportioned out of the interest of the Surplus Revenue for the support of Public Schools in said Dis- trict, for the School Year beginning July ist, 19. .. $.. County Superintendent. X. (Form No. 30.) Order on County Collector for Balances. OFFICE OF COUNTY SUPERINTENDENT, ^ No , N.J., ,19... To the Collector of County : Pay to the order of . , Custodian of School Moneys of the School District of , FOR SCHOOL OFFICERS. 207 dollars, being the amount of balance of the State Appropriation reapportioned to said District for the support of Public Schools, for the School Year beginning July ist, 19. . . $ County Superintendent. XI. (Form No. 57.) Notice to District Clerk that Teacher has filed Report. .N.J., .. 19-.. To . District Clerk: SIR You are hereby notified that .has filed. annual report with me, as required by law. County Superintendent. XII. Form of Certificate Condemning a School-House. This is to certify that I, the undersigned, have this day con- demned Public School-house No .in the School District of . . ... .,. ... .and County of. .,. .,. ..,.'.-, as being, in its present con- dition, inadequate and unsuited to the number of pupils attend- ing or desiring to attend said school. [Here give reasons.] Dated this day of .....,, 19. . . County Superintendent. Approved this day of . , ., ,. .>, 19 . . . , and this order shall take effect on the day of , 19 ... Commissioner of Education. NOTE. The original should be filed with the Custodian of School Moneys, a copy retained by the County Superintendent and a copy filed with the Com- missioner of Education and with the District Clerk. 308 BLANKS AND FORMS XIII. Notice to the Custodian of School Moneys of Apportionment of Balances. OFFICE OF COUNTY SUPERINTENDENT, ] .......... ,N.J., ... ........ , I9 ... To the Custodian of School Moneys of the School District of The amount of balances of the State Appropriation due your School District, under section 183 of the School Law, is $ ...... County Superintendent. XIV. Notice to District Clerk of Apportionment of Balances. OFFICE OF COUNTY SUPERINTENDENT, .....,N.J., ..,19... i D. C, School District of : I have this day apportioned to your District, from the balances of the State Appropriation, the sum of $ for the School Year beginning July ist, 19. .. County Superintendent. XV. Appointment of a President or Vice-President. To ..,.,: The office of President (or Vice-President) of the Board of Education of the School District of , in the county of .'.,..,..,..,..; being vacant through failure of the Board of Education to elect according to law, you are hereby appointed to fill such vacancy until the next annual meeting for the organiza- tion of the Board of Education in said district. Dated this day of , 19 . . . County Superintendent. FOR SCHOOL OFFICERS. 209 XVI. Notice to the Custodian of School Moneys, Directing Him to With- hold Schools Moneys from a Teacher. To the Custodian of School Moneys of the School District of SIR You are hereby directed to withhold all further payment of salary to , a teacher now employed in School No , situated in your School District, said teacher not being- in possession of a certificate [or not having kept the School Regis- ter], as is required by the School Law. Dated this day of , 19. ... County Superintendent. Approved this day of , 19. .. Commissioner of Education. See note to XII. XVII. Notice to the Custodian of School Moneys, Directing Him to With- hold School Moneys from a District. To the Custodian of School Moneys of the School District of SIR You are hereby directed to withhold [here state the amount in words'] from the school moneys apportioned to your School District [here state the reason why the money is with- held}. Dated this day of , 19. .. County Superintendent, Approved this day of , 19. .. Commissioner of Education. See note to XII. 14 S L io BLANKS AND FORMS Forms for City Superintendents* XVIII. (Form No. 33.) Application for State Aid for School Library. N. J 19.. To the Commissioner of Education : SIR We, the undersigned, Superintendent and Secretary of the Board of Education of the School District of , County of , State of New Jersey, do hereby certify that there has been raised in our district the sum of dollars, for the purpose of a school library in School No in said District, in accordance with the provisions of Article XXIII. , section 208, of the Revised School Law, and we therefore request you to send to. ., , Custodian of School Moneys of said District, an order for the amount due from the State in accordance with the further provisions of said article. City Superintendent. , Secretary Board of Education. The address of the Custodian is STATE OF NEW JERSEY, \ COUNTY OF. J * , Superintendent of the School District in the County of , being duly sworn, on his oath saith that the within statement is true. Sworn and subscribed before me this ^ . .day of .. ., 19. . . J ,.,N. J., ,19.-. To the County Superintendent of Schools : $ IR _We, the 'undersigned, Superintendent and Secretary of the Board of Education of the School District of , County FOR SCHOOL OFFICERS, 211 of , State of New Jersey, do hereby certify that there has been raised for School No the sum of dollars, and that we have forwarded to the Commissioner of Education the application for State aid for the library in favor of said school. Superintendent. Secretary. XIX. (Form No. 39.) Teacher's Contract. It is agreed between the Board of Education of in the County of and .that said Board of Education has employed and does hereby engage and employ the said to teach in the. ...... .public school, under the control of said Board of Education, for the term of year. . from the .day of ., 19. . ., at a salary of $ to be paid in .. .equal monthly installments; .......... that the said shall begin teaching on the day of , 19. . . ; that the said. . . . .holds a valid. ....... certificate to teach, issued in New Jersey, now in full force and effect, or will procure such certificate before the date. .... .he shall begin teaching, and that the date when said certificate will expire is the. . . ... . . .day of 19. . ., and that said teacher, before entering upon the duties of such position, will exhibit certificate to the Superintendent of Schools of the County in which such school shall be situate. It is hereby agreed that either of said parties to this contract may, at any time, terminate said contract and the employment aforesaid, by giving to the other party [here insert length of time] notice in writing of its election to so terminate the same. The said. . . .,. . . ... .hereby accepts the employment aforesaid and undertakes that ... he will faithfully do and perform ..... .duty under the employment aforesaid, and will observe and enforce the rules prescribed for the government of the BLANKS AND FORMS School by the Board of Education and the Superintendent, or Principal, or Supervising 1 Principal. Dated this. . t . . . ... ... .day of , , 19. .. . .1. .,..,..., President of the Board of Education District Clerk. of the School District of County of Teacher. XX. (Form No. 40.) Application for State Manual Training Appropriation. N.J., 19... ( Post-Office Address.) To the Commissioner of Education : SIR We hereby certify that for the School year beginning July ist, 19. . ., there has been raised by in the School District of , in the County of . .',. .!. ., the sum of . .,. dollars for the purpose of maintaining a course of Manual Training, as approved by the State Board of Education, pursued in the schools of this district, and that said amount has been appropriated for such purpose. This application is made in accordance with the provisions of Article XXII. of the revised School Law, and upon our certifica- tion that said course of study is being maintained as approved by the State Board of Education, and we therefore request you to draw an order in favor of. .. . . .,. ... .Custodian of the School Moneys of said School District, for the amount due from the State, in accordance with the further provisions of said article. President of the Board of Education of the School District of , County of. ... Attest : Secretary or District Clerk of the Board of Education. The address of the Custodian of School Moneys is FOR SCHOOL OFFICERS. 213 Forms for District Clerks* XXI. (Form No. 3.) Notice for Annual Meeting for the Election of Members of the Board of Education. Notice is hereby given to the legal voters of the School Dis- trict of . . . .: , in the County of , that the annual School meeting for the election of members of the Board of Edu- cation will be held at. ... .,. .,. .,. ., on Tuesday, the. . . . . .,. . .day of March, 19. . ., at. o'clock. .... The polls will remain open one hour, and as much longer as may be necessary to enable all the legal voters present to cast their ballots. At said meeting will be submitted the question of voting a tax for the following purposes: Purchase of land for school purposes Building and repairing school-houses Current expenses .1. . ... Manual training ,...,...,..., The total amount thought to be necessary is $. The following propositions will also be submitted: Dated this day of March 19. .. District Clerk. NOTE. "A member of a Board of Education shall be at least twenty-one years of age, a citizen and resident of the School District, and shall have been such citizen and resident for at least three years immediately preceding his or her becoming a member of such Board, and shall be able to read and write." School Law, Sec. 83. 2'i4 BLANKS AND FORMS XXII. Notice for a Special District Meeting. Notice is hereby given to the legal voters of the School Dis- trict of . ., in the County of , that a special School meeting will be held at , on the day of , 19 , at o'clock in the noon, at which meeting will be sub- mitted the following questions [here particularly specify each item of business to be acted upon] . Dated this day of , 19. . . President. District Clerk. XXIII. Various Specifications of Business to be Transacted that may be Inserted in any Notice for District Meeting, as they may be Needed. To authorize the board of education to purchase or take and condemn land and to erect a school-house thereon, and to pur- chase school furniture and other necessary equipment ; To authorize the board of education to repair, alter or enlarge a school-house already erected ; To purchase school furniture and other necessary equipment; To raise money by district tax to pay the expenses of such erection, alteration or repair; To authorize the board to borrow money ordered to be raised by issuing bonds in the corporate name of the district in such amounts and payable at such times as the legal voters shall direct ; To raise a district tax to defray the current expenses of the schools during the ensuing year [current expenses include prin- cipals', teachers', janitors' and medical inspectors' salaries, fuel, text-books, school supplies, flags, transportation of pupils, tuition of pupils attending school in other districts with the consent of the board of education, school libraries, compensation of the dis- trict clerk, of the custodian of school moneys and of truant offi- FOR SCHOOL OFFICERS, 215 cers, truant schools, insurance and the incidental expenses of the schools] ; To order a district tax for the payment of a debt of dollars, now resting upon the school-house property ; To order the sale of the present school-house property, and to decide what disposition shall be made of the proceeds ; To authorize the board to condemn land for school purposes ; To authorize the board to renew outstanding bonds ; To see if the district will reduce the number of members of the board of education ; To see if the district will agree to establish a union-graded school ; To order a district tax for manual training. XXIV. Order of Business at a District School Meeting. 1. Choose a chairman and secretary. 2. Read the notice calling the meeting. 3. Report of district clerk. 4. Appointment of tellers by the chairman. 5. Transaction of the business for which the meeting was called, as set forth in the notice. 6. Miscellaneous business. 7. Adjournment. XXV. (Form No. 12.) Order on Custodian of School Moneys for Teachers' Salaries. No , N. J., ,19.. To , Custodian of School Moneys of the School District of . . County of . . . . ., State of New Jersey: Pay to the order of , Teacher, dollars, being the amount of salary due for teaching in Public School No. 2i6 BLANKS AND FORMS . . , of said School District of , from , 19. . to , 19. . $ . .1. , President. > Board of Education of the , District Clk. f School District of I hereby certify that the Teacher in whose favor this order is drawn, is in possession of a Teacher's Certificate, in full force and effect, and has properly kept the School Register, as required by law, and that I have certified thereto in said Register. District Clerk. NOTE. Money raised by district tax can be used for such school purposes as are specified at the meeting at which the money is ordered. All other school money must be reserved for the payment of teacher's salary, fuel, bills, trans- portation of pupils and tuition of pupils in adjoining districts. Payments can be made only for the support of those schools that conform in all respects to the provisions of the School Law, and to those teachers only who possess certificates in full force and effect, covering the time for which salary is demanded, and who have kept the school register in the manner pre- scribed. The Custodian of School Moneys should invariably refuse to pay orders until he is satisfied that all these conditions have been complied with. XXVI. (Form No. 13.) Order on the Custodian of School Moneys for District Tax Raised for Other Purposes than the Payment of Teachers' Salaries. No , N. J., ,19... To , Custodian of School Moneys of the School District of . . , County of , State of New Jersey: Pay to the order of dollars, for [here state for what purpose the money is to be paid] , out of the funds raised by District Tax now in your hands. , District Clerk. [ Board of Education School Dis- , President. ( trict , County of FOR SCHOOL OFFICERS. 217 XXVII. (Form No. 14.) Notice by District Clerk to County Superin- tendent of the Election of Members of Board of Education. To , County Superintendent : SIR The legal voters of at the annual school meet- ing held on the day of March, 19 . . . , elected as members of the Board of Education in the place of , , whose terms had expired. The Board of Education now consists of Name. Address. Mr whose term expires 19 ... " , , " " " 19... " " " " 19. .. (i a (t t( __ t( a it (( Tr ^ t( a (( n _^. a (( (t tt _^ " , " " " 19... " , , " " " 19..- The Board has organized by the election of Mr as President, Mr as Vice-President, and Mr as District Clerk. District Clerk. NOTE. This notice should be sent to the County Superintendent within five days after the organization of the Board. XXVIII. (Form No. 17.) Report of District Clerk to County Superin- tendent of the Amount of District School Tax Ordered to be Raised. To County Superintendent . . County : The following is a copy of the notice delivered to the Assessor as required by law : 2i8 BLANKS AND FORMS To . . . . Assessor of County : A meeting of the legal voters of the School District of the of in the County of was held at . . a convenient public place within the District, on the day of 19. . . , pursuant to notice, setting forth the time, place and object of said meeting, and specifying .dollars as the amount of money thought necessary to be raised. The Dis- trict Clerk, as directed by the Board of Education at a meeting of said Board held on the ............. day of . . , 19..., posted .copies of the notice calling said meeting, one copy thereof being posted on each school-house in the district, and one copy thereof at each of the following-named public places therein : on the . . .... .day of. .1. ... . ., 19. ... The said legal voters so met, by the consent of a majority of those present, ordered raised by special district tax dollars for the purpose of . . . and ,. dollars for the purpose of and dollars for the purpose of . ... amounting in all to . . dollars, which sum is not in excess of the amounts set forth in the notices for said purposes. The vote was taken by ballot and the ballots, tally sheet, poll list and statement of the result of said meeting having been filed with the County Superintendent of Schools in the manner required by law, you are therefore directed to assess the said sum of dollars on the inhabitants of said School District, arid their estates, and the taxable property therein, pursuant to the statute in such case made and provided. Dated this. ... . . ... . . . day of ........... 19. ... District Clerk. STATE; OF NEW JERSEY, \ COUNTY OF J , , being duly sworn, on his oath saith that he is the District Clerk of the School District of the of in the County of . . , and that the above statement by him is correct and true. FOR SCHOOL OFFICERS. 219 Sworn and subscribed before me this . . . . day of > 19--- XXIX. (Form No. 17.) Certificate of the Amount of School Tax Voted to be Raised in a School District, to be Delivered by the District Clerk to the Township Assessor. To Assessor of . . . . County : A meeting of the legal voters of the School District of the .... .... of , in the County of ........ was held at a convenient public place within the District, on the day of , 19. ., pursuant to notice, setting forth the time, place and object of said meeting, and specifying. . . ... . . .dollars as the amount of money thought necessary to be raised. The District Clerk, as directed by the Board of Education at a meet- ing of said Board held on the. day of , 19. ., posted copies of the notice calling said meeting, one copy thereof being posted on each school-house in the district, and one copy thereof at each of the following-named public places therein : ,. . on the day of . . ., 19. . The said legal voters so met, by the consent of a majority of those present, ordered raised by special district tax dollars for the pur- pose of and dollars for the purpose O'f and dollars for the purpose of amounting in all to dollars, which sum is not in excess of the amounts set forth in the notices for said purposes. The vote was taken by ballot and the ballots, tally sheet, poll list and statement ol the result of said meeting having been filed with the County Superintendent of Schools in the manner required by law, you are therefore direct to assess the said sum of dollars on the inhabitants of said School District, and their estates, and the taxable property therein, pursuant to the statute in such case made and provided. Dated this day of , 19. . District Clerk. 220 BLANKS AND FORMS STATE OF NEW JERSEY, COUNTY OF , being duly sworn, on his oath saith that he is the District Clerk of the School District of the of in the County of ., and that the above statement by him is correct arid true. Sworn and subscribed before me this. . . ., day of NOTES TO XXII AND XXIIL The certificate must state for what object or objects the money is raised. 3 Vroom 444. If more than one object is speci- fied, the amount of money apportioned to each must be stated. 7 Vroom 89. A district tax ordered for the purpose of "maintaining a school" is illegal. The e'xpress purpose, as specified in section 95, for which the money is to be used must be stated and voted upon. The law requires that notice of the above action should also be sent to the County Superintendent. XXX. (Form No. 20.) Affidavit to Bills Presented to a Board of Education. STATE OF NEW JERSEY, \ ..;.. i. .COUNTY, / ..,..,....;......, of full age, being duly sworn, on his oath saith that the goods or services itemized in the annexed bill have been delivered or rendered ; that no bonus has been given or re- ceived by any person or persons in connection with the same; that the same is correct and true, and the amount therein stated is justly due and owing as set forth. Sworn and subscribed before me, 1 this. day of , 19. ... k. ....... .D. C. FOR SCHOOL OFFICERS. 221 XXXI. (Form No. 32.) Application for State Aid to Establish a School Library. N.J., ..,.,, 19... To the Commissioner of Education : SIR We, the undersigned, President and District Clerk of the Board of Education of the School District of ........... County of .............. State of New Jersey, do hereby certify that there has been raised for School No.. . . . ... . ( . .1 the sum of . . dollars, for the purpose of. .1. .. . .1. .,. .a School Library in said School, in accordance with the provisions of Section 208 of the Revised School Law, and we therefore request you to send to . ., , Custodian of the School moneys of said District, an order for the amount due from the State in accordance with the further provisions of said act. The address of the Custodian is. .. ... . . ... . , President, ") Board of Education of the L School District of , District Clerk, j County. NOTE. The money raised in the district may be by special tax, subscription or entertainment. The money thus raised, together with that received from the State, can be expended for library books, books of reference, apparatus or educational works of art. The law does not admit of its being used to purchase text-books. The first appropriation is twenty dollars, and subsequent appropriations ten dollars each. STATE OF NEW JERSEY, \ . ... ... .COUNTY, J v District Clerk of the School District of , in the County of , being duly sworn, on his oath saith that the within statement is true. Sworn and subscribed before me, this "| .. .day of , A. D. 19. . . r.i. ... ., , N. J., ,19... To the County Superintendent of Schools : SIR We, the undersigned, President and District Clerk of the Board of Education of the School District of. , County 222 BLANKS AND FORMS of ......... .1. ., State of New Jersey, do hereby certify that there has been raised for School No.. ... . . . ... the sum of dollars, and that we have forwarded to the Commissioner of Education the application for State aid for the library in favor of said school. President. District Clerk. XXXII. (Form No. 129.) Report of Purchases Made for School Library. To the Commissioner of Education : I hereby report that the following purchases have been made for our School, with the amount raised in the District, and the appropriation received from the State. District Clerk. NOTE This report must be made in order that the district may be entitled to future payment. It should give the names and prices of the several articles purchased. XXXIII. (Form No. 39.) Teacher's Contract. It is agreed between the Board of Education of , in the County of ,.. . and , that said Board of Education has employed and does hereby engage and employ the said ........ to teach in the ,. .public school, under the control of said Board of Education, for the term of year from the day of ., 19. ..., at the salary of $ , to be paid in equal monthly installments; that the said. ...... shall begin teaching on the day of , 19. . . ; that FOR SCHOOL OFFICERS. 223 the said ,. . holds a valid certificate to teach, issued in New Jersey, now in full force and effect, or will procure such certificate before the date, .he shall begin teaching, and that the date when said certificate will expire is the day of , 19. . ., and that said teacher, before entering upon the duties of such position, will exhibit certificate to the Superintendent of Schools o>f the county in which such school shall be situate. It is hereby agreed that either of said parties to this contract may, at any time, terminate said contract and the employment aforesaid, by giving to the other party [here insert length of time} notice in writing of its election to so terminate the same. The said. ......... .hereby accepts the employment aforesaid and undertakes that. . .he will faithfully do and perform. ...... duty under the employment aforesaid, and will observe and en- force the rules prescribed for the government of the School by the Board of Education and the Superintendent, or Principal, or Supervising Principal. Dated this day of ., 19. .. , President of the Board of Education District Cl&rk. of the School District of County of Teaicher. NOTE. One copy of the contract must be filed with the County Superintend- ent, one copy with the District Clerk and one copy retained by the teacher. XXXIV. (Form No. 40.) Application for State Manual Training Appropriation. ....N. J., 19.-. (Post-Office Address.) To the Commissioner of Education: SIR We hereby certify that for the School year beginning July ist, 19. . . , there has been raised by in the School 224 BLANKS AND FORMS District of. . . . . . .. ., in the County of , the sum of . . dollars for the purpose of maintaining a course of Manual Training-, as approved by the State Board of Education, pursued in the schools of this district, and that said amount has been appropriated for such purpose. This application is made in accordance with the provisions of Article XXII. of the revised School Law, and upon our certifica- tion that said course of study is being maintained as approved by the State Board of Education, and we therefore request you to draw an order in favor of , .... .1. .......... .Custodian of the School Moneys of said School District, for the amount due from the State, in accordance with the further provisions of said article. President of the Board of Education of the School District of. . ., County of Attest : Secretary or District Clerk of the Bvard of Education. The address of the Custodian of School Moneys is XXXV. (Form No. 137.) Bond to be Issued for Loan. SCHOOL BOND No Bond of School District of the of . . $ County of , N. J. Know all men by these presents that "The Board of Education of the of. .'., in the County of " in the State of New Jersey, is justly indebted unto , or bearer, in the sum of dollars, lawful money of the United States of America, to be paid to the said or bearer, on the day of. . , 19. . ., at the bank at. , N. J., with interest therefor from the date hereof, at the rate of FOR SCHOOL OFFICERS. 225 per centum per annum, payable semi-annually , on the days of and in every year, at the bank aforesaid, on the presentation of the annexed coupons, as they shall severally become due. This is one of a series of coupon (a) bonds issued by the Board of Education of above School District, amounting in the aggre- gate to dollars, numbered from ...... to , both in- clusive; and all of said bonds have been issued for money bor- rowed by said Board under the provisions of Article VII. of an act entitled "An act to establish a thorough and efficient system of free public schools and to provide for the maintenance, support and management thereof," approved October iQth, 1903, and by the consent of the inhabitants of said lawfully given, at a meeting lawfully held, on , 19. .. In witness whereof, on the day of in the year nineteen hundred and , this bond is signed by the Presi- dent of the Board of Education of the of . ., in the County of , and attested by the District Clerk, under the seal of the Board. President. Attest : District Clerk. [SEAL.] [Form of Coupon to be attached to the above Bond.} SCHOOL BOND. Board o>f Education of the ...... or ...... , County of ........ : Interest warrant for ........ dollars, payable at the ......... bank of ........ N. J., to bearer ........ , 19 . . . , f or six months' interest on Bond No ..... .................. ,D. C. (a) Bonds may be registered or coupon. If registered the bond should so state and the coupons omitted. 15 s L 226 BLANKS AND FORMS XXXVI. (Form No. 55.) Notice to the Assessor of Amount of Tax to be Raised for Bonds and Interest. To Assessor of County : A meeting of the legal voters of the School District of the of in the County of was held at a convenient public place within the District, on the day of , 19. . . , pursuant to notice, setting forth the time, place and object of said meeting, and specifying dollars as the amount of money thought necessary to be raised by the issue of bonds for the purpose of providing adequate and suit- able school accommodations for the pupils attending or desiring to attend school in said District. The District Clerk, as directed by the Board of Education, posted copies of the notice calling said meeting, one copy thereof being posted on each school- house in the district, and one copy thereof at each of the following- named public places therein : on the day of , 19 ... The said legal voters so met, by the consent of a majority of those present, ordered raised by the issue of School District bonds dollars, and said legal voters also determined the denomination of said bonds and the time or times of payment thereof. The amount of said bonds so authorized to be issued was not in excess of the amount set forth in the notices. The vote was taken by ballot, and the bal- lots, tally sheet, poll list and statement of the result of said meet- ing having been filed with the County Superintendent of Schools in the manner required by law. The proceedings authorizing said issue of bonds were approved by the Attorney-General as required by law. You are therefore directed to assess on the inhabitants of said School District, and their estates, and the taxable property therein, pursuant to the statute in such case made and provided, the sum of dollars, being the amount of principal and interest due on said bonds during the year for which said assess- ment shall be made. Dated this day of , 19 ... District Clerk. FOR SCHOOL OFFICERS. 227 STATS OF NEW JERSEY, ^ COUNTY OF. . j , being duly sworn, on his oath saith that he is the District Clerk of the School District of the of in the County of and that the above statement by him is correct and true. Sworn and subscribed before me this .day of , 19.... XXXVII. (Form No. 55.) Notice to County Superintendent of Tax for Bonds and Interest. To County Superintendent County : The following is a copy of the notice delivered to the Assessor as required by law : To , Assessor of County : A meeting of the legal voters of the School District of the. . . . . . . .of. in the County of. ...... .was held at a convenient public place within the District, on the day of , 19. ., pursuant to notice, setting forth the time, place and object of said meeting 1 , and specifying dollars as the amount of money thought necessary to be raised by the issue of bonds for the purpose of providing adequate and suit- able school accommodations for the pupils attending or desiring to attend school in said District. The District Clerk, as directed by the Board of Education, posted. ...... .copies of the notice calling said meeting, one copy thereof being posted on each school-house in the district, and one copy thereof at each of the following-named public places therein: ,..,..1.. , on the day of . , 19. . The said legal voters so met, by the consent of a majority of those present, ordered raised by the issue of School District bonds. dollars, and said legal voters also determined the denomination of said bonds and the time or times of payment thereof. The amount of said bonds so authorized to be issued was not in excess of the amount set forth in the notices. The vote was taken by ballot and the 228 BLANKS AND FORMS ballots, tally sheet, poll list and statement of the result of said meeting having been filed with the County Superintendent of Schools in the manner required by law. The proceedings author- izing said issue O'f bonds were approved by the Attorney-General as required by law. You are therefore directed to assess on the inhabitants o>f said School District, and their estates, and the tax- able property therein, pursuant to the statute in such case made and provided, the sum of dollars, being the amount of principal and interest due on said bonds during the year for which said assessment shall be made. Dated this day of , 19 ... District Clerk. STATE OF NEW JERSEY, COUNTY OF , being duly sworn, on his oath saith that he is the District Clerk of the School District of the of in the County of and that the above statement by him is correct and true. Sworn and subscribed before me this day of , 19.... XXXVIII. (Form No. 61.) Directions for Bonding a District. i. There must be a regularly-called meeting of the Board of Education, of which meeting all the members must have had notice. The notice may be given verbally or by mailing a writ- ten notice. If the latter, the notice must be mailed in ample time to be received before the time fixed for the meeting. At that meeting the Board of Education must decide on the amount of money thought to be necessary. If land is to be purchased, the Board of Education must decide upon the site or sites it thinks suitable. It must also decide upon the time for holding the District Meeting, and the form of the resolution to be inserted in the notices to be posted by the District Clerk, and the places, FOR SCHOOL OFFICERS. 229 other than the school-houses, where such notices shall be posted. Full minutes of the meeting must be kept. The Board should adjourn to meet as soon as possible after the District Meeting, and at such adjourned meeting should adopt resolutions necessary to carry into effect the resolutions adopted by the legal voters. 2. If it is the intention to submit to the legal voters more than one proposition, the Board of Education should adopt a full set of resolutions for each proposition, which should appear in the notices and be placed on the ballots. If this is done, and the legal voters reject one proposition and adopt the other, the number and amount of bonds to be issued will agree with the expenditures authorized by the legal voters. All propositions submitted must be printed on the same ballot. 3. The District Clerk must post the notices ordered by the Board of Education at least ten days before the date of the meet- ing of the legal voters ; the day the notices are posted cannot be counted in the ten days. The notices must state the time and place of the District Meeting, and all business that is to be acted upon. If land is to be purchased, or to be condemned, the plot or plots thought to be suitable by the Board of Education must be described in the notices. AS resolution authorizing the Board of Education to purchase & lot will not authorize it to secure the lot by condemnation. The Board of Education may submit more than one site, in which case each plot must be de- scribed in the notices. The notices must also state the amount of money thought to be necessary. The notices must not state the denomination of the bonds and times of payment, as these items are by law to be determined by the District Meeting. The notices must also state that the question of authorizing the Board of Education to issue bonds will be submitted. A copy of the notice must be posted on each schoolhouse in the district, and at such other places as may be designated by the Board of Educa- tion. Not less than seven notices must be posted. 4. The District Meeting must decide the amount of money to be raised, and also decide what portion of the money so ordered shall be used for the purchase of land, and what portion for build- ing, furniture and other necessary equipment. The cost of fenc- 230 BLANKS AND FORMS ing, grading and supplying drinking water is to be included in the appropriation for the erection of the school-house, it should not be made a separate item. The total amount ordered raised must not exceed the sum named- in the notices. The District Meeting must also decide how many bonds shall be issued, the denomination of each bond, and the time of its payment, but should not fix the rate of interest, as the law gives that power to the Board of Education, but not to exceed six per cent. It cannot select a site unless it has been submitted by the Board of Education in the notices. The meeting may, however, reject all the sites offered. All votes in the District Meeting must be by ballot. The ballots must contain in full the several proposi- tions voted on. Full minutes of the meeting must be kept. 5. The chairman must appoint two tellers to receive and count the ballots. The secretary must keep a poll-list of the voters, and a tally-sheet of the ballots as counted. The tally-sheet must be signed by the chairman and tellers and, with the ballots, be placed in a package, endorsed with the name of the district, the name of the county in which the district shall be situate, and the date on which the meeting shall have been held. The pack- age must be sealed as soon as the ballots are counted and the tally sheet signed, and before leaving the place where the election was held, forwarded to the County Superintendent of Schools within five days after the date of the meeting, together with a statement of the result of the meeting, signed by the chairman and secre- tary. Envelopes for this purpose can be obtained from the County Superintendent. 6. Two copies of the minutes of both meetings of the Board of Education, attested by the District Clerk; two copies of the notices posted, attested by said clerk; two copies of the minutes of the District Meeting, attested by the secretary of the meeting, and two copies of each kind of ballot used, attested by the secre- tary of the meeting, must be sent to this office one copy to be approved by the Attorney-General and the other to be filed in this office. When it is intended to borrow the money from the State School Fund, an application must accompany the copies of the proceedings. Blank forms to be used for the reports of the pro- ceedings and for application for loan from State School Fund may FOR SCHOOL OFFICERS. 231 be obtained from the County Superintendent of Schools. In mak- ing reports, only such business as relates to the purchase of land, building, furnishing and equipping the school-house and bonding the district need be inserted in the copies of the minutes of the meetings of the Board of Education and legal voters. In the blank for the report of the proceedings of the District Meeting, a resolution is inserted for the purchase of land, in making the report when land is not ordered to be purchased, the resolution for the purchase of land should be crossed out with red ink, also in the application for the loan from the State School Fund. 7. The approval o the Attorney-General must be secured be- fore bonds can be legally issued, whether the money is to be borrowed from the State School Fund or from private parties. 8. When district bonds have been issued, the District Clerk must, when any bond is paid and canceled, forward said canceled bond to this office, as required by law. 9. Blank bonds will be furnished by this office. FORM OF BAUDOT. District School Meeting (Name of District.) 19- 1. Resolved, That the Board of Education be authorized to purchase as a lot on which to build a school-house, the plot of land situate as follows : The cost of said land shall not exceed the sum of dollars. 2. Resolved, That the Board of Education be authorized to erect a school-house on said plot of land, and to purchase for said school-house the school furniture and other necessary equipment. The cost of said school-house, furniture and equipment shall not exceed the sum of dollars. 3. Resolved, That for the purpose of securing the money needed to purchase said land, to erect said school-house, and pur- chase said furniture and equipment, the Board O'f Education be *3 2 BLANKS AND FORMS authorized to issue bonds of the District in the cor- porate name of the District, in the denomination of dollars each. 4. Resolved, That one bond shall be issued for year, one for . .years, one for ,. ... .years. Notice to Voters. To vote for the resolutions leave them as they are printed. To vote against any resolution cancel the same with ink or pencil. (The following note is not to be printed on the ballot.) NOTE. If a choice in the plot of land on which to erect the school-house is offered, make a separate resolution for each plot with the word or between the resolutions, and add to the "notice to voters" the following: Do not vote for both resolutions for purchase of land. If authority to condemn is requested the notice and ballots must contain the words "take" and "condemn." MINUTES OF THE MEETING OF THE BOARD OF EDUCATION. Pursuant to notice given to each member, the Board of Edu- cation of the of in the County of met at on the day of . 19. . ., at .o'clock in the There were present Messrs On motion of Mr the following preamble and resolutions were adopted : WHEREAS, In the judgment of this Board, the school accommo- dations now provided in this district are inadequate and un- suited to the number of pupils attending or desiring to attend school; and WHEREAS, It is the opinion of this Board that in order to pro- vide adequate and suitable school accommodations, a plot of land should be secured, a new school-house erected, and school furniture and other necessary equipment purchased, and that the amount necessary for the foregoing is thought to be the sum of. .dollars; therefore FOR SCHOOL OFFICERS, 233 Resolved, That a meeting of the legal voters of the school dis- trict be held at .on the. .. day of 19. . ., at o'clock in the , and that the District Clerk be and is hereby directed to post a copy of the notice calling said meeting on each school-house in the district, and a copy at each of the following-named public places in the district, to wit : Resolved, That there shall be stated in said notices the follow- ing items of business to be acted upon at said meeting : To authorize the Board of Education to purchase,* as a lot on which to erect a school-house, the plot of land situate as follows : The cost of said plot shall not exceed the sum of dollars. To authorize the Board of Education to erect a school-house on said plot of land, and to purchase for said school-house the school furniture and other necessary equipment. The cost of said school-house, furniture and equipment shall not exceed the sum of ...dollars. The amount of money thought to be necessary for the fore- going is ( dollars. To authorize the Board of Education to borrow the money ordered to be raised by issuing bonds in the corporate name of the district, in such amounts and payable at such times as the legal voters shall direct. On motion of Mr the Board adjourned to meet at on the day of . . . . . 19 . . , at o'clock District Clerk. STATE OF NEW JERSEY, '\ _ kw. COUNTY OF being duly sworn, on his oath saith that he is the District Clerk of the Board of Education of * If authority to condemn is requested the words "or take and condemn" must be inserted. 234 BLANKS AND FORMS of . . . .1. . . in the County of ... .1 , that said Board consists of members, and that it is incorporated under section 84 of an act entitled "An act to establish a thorough and efficient system of free public schools, and to provide for the maintenance, support and management thereof," approved October igth, 1903, and that the foregoing is a true copy of the proceedings and resolutions had and adopted by said Board of Education at a meeting held on the day of 19 . . , so far as said proceedings and resolutions relate to the calling of the meeting of the legal voters of said district, to be held on the .... day of . . . .1 19. ., and that notice of the time and place of said meeting was given to each member of said Board on the day of ,. . . .19. ., in the following manner: [Here insert how notice was given. If written, append copy.] Sworn and subscribed before "1 me, this r day of 19. . J NOTICE. Notice is hereby given to the legal voters of the School District of the. . of -.''... i in the County of that a meeting of the legal voters of said School District will be held at , on the day of , 19. . ., at . . .o'clock in the ,. ., at which meeting the following items of business to be acted on will be submitted : To authorize the Board of Education to purchase,* as a lot on which to erect a school-house, the plot of land situate as follows : * If authority to condemn is to be granted the words "or take and condemn" must be inserted. FOR SCHOOL OFFICERS. 235 The cost of said plot shall not exceed the sum of dollars. To authorize the Board of Education to erect a school-house on said plot of land, and to purchase for said school-house the school furniture and other necessary equipment. The cost of said school-house, furniture and equipment shall not exceed the sum of dollars. The amount of money thought to be necessary for the fore- going is .dollars. To authorize the Board of Education to borrow the money ordered to be raised by issuing bonds in the corporate name of the District in such amounts and payable at such times as the legal voters shall direct. District Clerk. Dated . . . ., 19. . STATE OF NEW JERSEY, -^ ~ Iss. COUNTY OF j being duly sworn, on his oath saith that he is the District Clerk of the Board of Education of the of in the County of , that there are school-houses in said district, and that he posted copies of a notice, of which the foregoing is a true copy, on the day of . . ., 19. ., one copy being posted on each of said school-houses, and one copy at each of the following-named public places in the District, as directed by the Board of Education, to wit : . that the notices were posted' in all respects according to law. Sworn and subscribed before me, the day of 19. .. 236 BLANKS AND "FORMS DISTRICT MEETING. The legal voters of the School District of the of <...., in the County of , met at on the day of 19. . ., at o'clock in the , pursuant to legal notice, a copy of which notice is hereto appended. Mr was elected chairman and Mr secre- tary of the meeting. The secretary read the notice calling the meeting. The chairman appointed as tellers Messrs The following resolutions were adopted : Resolved, That the Board of Education be authorized to pur- chase,* as a lot on which to erect a school-house, the plot of land situate as follows : The cost of said land shall not exceed the sum of dollars. The vote on this resolution was by ballot. For Against Resolved, That the Board of Education be authorized to erect a school-house on said plot of land, and to purchase for said school-house the school furniture and other necessary equipment. The cost of said school-house, furniture and equipment shall not exceed the sum of dollars. The vote on this resolution was by ballot. For Against Resolved, That for the purpose of securing the money needed to purchase* said land, to erect said school-house and purchase said furniture and equipment, the Board of Education be author- ized to issue bonds of the District, in the corporate name of the District, in the denomination of' dollars each. The vote on this resolution was by ballot. For Against * If authority to take and condemn land is given the resolution must so state. FOR SCHOOL OFFICERS. 237 Resolved, That one bond shall be issued for year, one for years, one for years, one for years, The vote on this resolution was by ballot. For Against The total number of names on the poll list was The total number of ballots cast was The total number of ballots rejected was STATE OF NEW JERSEY, .\ COUNTY OF J ' . . , being- duly sworn, on his oath saith that he was the secretary o 36 townships, sections 104, 109, 154 division III, 266, 5i, 56, 76, 133 Assessor, assess property to pay bonds and interest, section 109, 56 returns to collector, when made, 249 and collector of taxes, section 104, 5 2 Assessors, county collector to make statements before boards of, section 200, 95 INDEX. 257 PAGE. Assistant Commissioners of Education, appointment, section 7, division II, 10 division VI, 1 1 superintendents, appointment of, section 71, 32 apportionment for, section 205, division I .... 99 qualifications, section 72, 32 removal of, section 71, 32 salary, section 71, 32 Attendance, pupils, regular, sections 174, 205, 84, 98 schools, rules 1-5, 189 of witnesses, section 3, division XII, 9 Attorney-General to approve bonds issued by school districts, sections 108, 158, 56, 80 Audit of claims, sections 67, 68, 30 Auditor to examine accounts, claims, etc., section 68, 30 B. Balances paid county county collector, section no, 57 Ballot, appropriations at district meetings voted by, sections 90, 105,. ...43,53 boards of education, elected by, section 89, 42 bonds, voted by, section 105, 53 boxes to be used in certain cases, section 90, 43 consolidation of districts, vote by, section 112, 57 union-graded schools, vote for, section 148, 74 Bids and contracts, sections 59, 78, 28, 34 Bills, itemized, section 99, 48 payment of, in cities, sections 66, 67, 68, v . 29, 30 townships, sections 98, 99, 48 Blanks for school officers, Commissioner of Education to furnish, sec- tion 23, 16 Board of children's guardians, State, sections 1-13, : . . 166-171 education (see cities, townships, State prison school and union- graded schools), examiners, members of State, term of office, compensation, etc., section 36, 20 county boards, qualifications, duties, compensation, vacancies, etc., section 37, 20 school estimate, sections 79-82, 84, 85, 34, 35, 36, 38, 39 Body corporate, city school district, section 51, 26 Bond, auditor in cities, section 68, 30 Bonds, borrow money on school, section 82, 36 business manager, section 76, 33 cancellation of, section no, 57 city school districts, amount of, section 82, 36 coupon or registered, sections 82, 276, 36, 136 interest on, section 82, 30 17 S I, 258 INDEX. PAGS. Bonds, city issue, how ordered, section 82, 36 sinking fund for, section 82, 36 consolidated districts, issued by, section 116, 60 custodian of school moneys, sections 153, 207, 76, 103 district clerk, section 100, 49 coupon, changed to registered, section 99, 93 or registered, section 82, 36 districts may issue, sections 105, 106, 53, 54 interest on, section 82, 36 industrial school, section 2, 148 issued by any school district a lien on all property in district, section 108, 56 payment of, tax for, section 109, 56 proceedings, approved by attorney-general, section 108, 56 copy to be filed with commissioner of education, section 108, 56 registry of, section 106, 54 renewal of, section 107, 55 sale of, sections 106, 278, 55, 137 security for, section 108, 56 secretary board of education, section 62, 29 school of detention, issue of, section 5, 155 school districts may sell to trustees for support of public schools, section 277, 137 tax for, section 109, 56 teachers' retirement fund, section 240, 115 union graded schools, sections 158-160, 79, 80 Bookkeeping, uniform system for districts, section 3, division VIII,.... y Borrow money on notes, section 61, 28 school bonds, section 82, 36 Business manager, sections 76-78, 33 Body corporate, city school district, section 51, 26 trustees of industrial schools, section 7, 147 Buildings, approval of plans for school, sections 144, 145, 7 2 , 73 bids for, in new districts, section 40, 21 bonds for, cities, section 82, 36 townships, sections 90, 105-111, 43, 53 business manager to supervise, sections 77, 78, 33 condemnation of lands for, sections 53, 95, division V, ....26,46 contracts for, sections 58, 59, 78, 27, 28, 33 destroyed by fire, section 147, ~3 damage to, by pupils, section 135, 68 detention schools, section i, i5 2 doors to open outwardly, section 146, 73 examination of, section 144, 73 industrial schools in cities, section i, 148 insurance on, sections 95, 147, division VI, 46,73 industrial, section i, 145 INDEX. 259 PACI:. Buildings, inspector of, section 3, division VI, 8 janitors, section 95, division II, 45 mortgage on, section 95, division IV, 45 outhouses, section 143, 7 2 penalty for failure to provide, section 142, 71 plans, approval of, sections 144, 145, 72, 73 in cities, section 78, 33 commissioner of education to cause to be prepared, section 144, 72 repairs to, sections 58, 59, 78, 27, 28, 33 suitable, must be furnished, section 142, 71 supervision of, sections 77, 78, 95, division IV, 33~45 tax for, section 104, 51 title to, sections 41, 54, 55, 86, division VI, 22,26,46 union-graded schools, section 154, division III, 158-160, 77,79 use of for other than school purposes, section 95, division XI, 47 unused school, sections I, 2, 158 Business manager, appointment of, sections 56, 76, 27,33 bond of, section 76, 33 buildings, to supervise, sections 77, 78, 33 duties, sections 76, 77, 78, 33 salary, sections 56, 76, 27, 33 term of office, section 56, 27 By-laws, city boards to adopt, section, 57, 27 State Board of Education to adopt, section 3, division I, 8 township boards of education, section 95, division III, 45 C. Calendar for school elections and duties, 248 Census enumerators, section 207, 134 Certificates, age of applicant for, rule 2, 175 appointment, .section 45, 24 amount of school estimate, section 81, 35 assessor, to, section 104, 52 board of health, section 136, 69 classes of, section 6, 176 boards of examiners, section 38, 21 city requirements for, section 3, division V, 38, 260,. .8, 21, 132 city superintendents to hold, section 72, 32 college diploma accepted, rule 23, 178 contract invalid unless teacher holds, section 117, rule I, . .66, 175 county requirements for section 3, division V, 37, 260. .8, 20, 132 county superintendent to hold, section 27, 17 definition for purposes of certification, 177 detention schools, section 3, 154 elementary, rules 9, 26, 176, 179 2<5o INDEX. PAGE. Certificates, election for union-graded schools, section 148, 74 employed, children, section 174, 85 evening schools for foreign-born residents, section 293.... 142 examination percentage, rule 3, , 175 examinations, conduct of, rule 60, 183 dates and places for rule 20, 178 district clerk, rule 70, 184 identification of applicants, rule 66, 183 order of, 185 plan of, 182 readers, rule 58, 63, 182,183 preparation of questions, rule 59, 183 records, rule 67, 184 graduation in agriculture and manual training, valid to teach, section 2, 149 indorsement of, rule 21, 178 kindergarten teachers, section 162, rules 15, 43, 81,177,181 language, rule, 52, 182 manual training, rule 46, 182 music, rule 50, 182 normal school, 182 diploma, rule 22, 1 78 graduates, rule 9, 176 perecentage required, rules 3, 13, 175, 176 permanent rules, 29, 34, 36, 41, 179, 180, 181 physical training, rule 71, 185 provisional, rules 12-14, 176 renewal of, rules 4, 5, 175 rules for granting, section 3, division V, rule I, 8, 175 secondary, rule 9, 176, 180 limited, rule 31, 180 permanent, rule 34, 180 special, rule 9, 176 limited, rule 38, 181 permanent, rule 41, 181 State board of examiners, may revoke rule 10, 1/6 State, by endorsement, rule 21, 178 by examination, rule 23, 178 State, requirements for, sections 36, 260, rule 21, 20, 132, 178 State prison school, section 4, 151 summer schools, rule 24, 178 suspension of, section 119, 63 supervisors, rules i, 9, n, I75 X 76 limited, rule 35, 180 permanent, rule 36, 181 teachers, must hold, sections 124, 129, rule i, 64, 66, 175 kindergarten, section 162, 81 testimonials to be filed, rule 2, 175 INDEX. 261 PAGE. Certificates, union-graded schools, election, section 148, 74 vaccination, section 136, 68 Charges or reduction of salary of principals or teachers, section 127, .... 65 Children's guardians, State board of, appointed by Governor, section I, 166 power and duty of, sections 3, 4, 167 expenses, sections I, 7, 167, 169 funds provided by chosen freeholders, section 6, 169 wards of, section 8, 169 City school boards, appointment of, section 45, 24 districts, article VI, j 24 assistant superintendents, section 71, 32 auditor of, section 68, 30 boards of education body corporate, section 51, .... 26 may sue, condemn land, etc., section 53, 26 board of education advertise proposals for sup- plies, section 58, 27 rules and regulations, 173 superintendent and secretary, sections 56, 62, 63, 64, 65, 66, 69, 70, 73, 27, 28, 29, 30, 31 schools, supervision of, section 33, 19 Claims, payment of, section 67, 30 audited, section 68, 30 Clerical assistance to commissioner of education, section 13, 13 Clerk for county superintendent, section 35, 19 Cities, advertisement for buildings and supplies, sections 58, 59, 27,28 appropriations, sections 79, 81, 82, 34, 35, 36 withheld, sections 20, 142, 15, 71 Arbor Day, observation of, section 261, 132 Article XXVI, referendum, acceptance of, section 252, 129 VI, acceptance of, section 272, 135 assistant superintendents, sections 71, 72, 205, 32, 99 attendance of pupils, sections 174, 205, 84, 98 auditor, section 68, 30 balances, section 206, 101 bills, how paid, sections 66-68, 29, 30 board of school estimate, section 79, 34 powers of, sections 80, 81, 35 secretary, section 79, 35 boards of education, appointment, section 45, 24 body corporate, section 51, 26 by-laws of, section 57, 27 compensation, section 50, 26 contracts, not to be interested in, section 47, 25 teachers, sections 117, 118, 61,62 incorporation of, section 51, 26 oath of office, section 48, 25 organization, section 52, 26 l8 S L 262 INDEX. PAGE. Cities, boards of education, penalty for violation of law, sections ig, 49, 14, 25 powers of, sections 52-82, 117, 118, 172, 186, 267, 26, 61, 62, 84, 89, 134 president, section 52, 26 qualifications of, section 47, 25 removal, section 49, 25 report, section 60, 28 seal, section 51, 26 secretary, sections 56, 62, 27, 29 term of, sections 45, 46, 24, 25 title to property, section 55, 26 vacancies, section 45, 24 vice-president of, section 52, 26 bond of business manager, section 76, 33 secretary, section 62, 29 bonds for school-houses, section 82, 36 borrow in anticipation of tax, section 61, 28 buildings, condemnation of, section 142, 71 contracts for, sections 58, 59, 27, 28 plans for, section 78, 33 business manager, appointment of, sections 56, 76, 27, 33 bond of, section 76, 33 duties of, sections 76-78, 33 salary, sections 56, 76, 27, 33 term of office, section 56, 27 census, may take, section 267, 134 certificates, section 3, division V, 38 8, 21 clerks, how appointed, sections 63, 73, 77, 29, 32, 33 colored children not to be excluded from schools, section 140, ... 70 condemn land, section 53, 26 contagious diseases in schools, section 136, 68 schools closed, section 138, 69 contracts, advertisement for, sections 58, 59, 62, 27, 28, 29 how awarded, section 59, 28 penalty for officials being interested in, section 32, .... 165 teachers, sections 117, 118, rule i, 61, 62, 188 corporal punishment, section 123, 64 corporate name, section 51, 26 course of study, sections 74, 259 32, 132 custodian of school moneys, section 68, article XVIII, 30, 102 damage to school property, section 135, 68 evening schools, sections 164, 165, 82 foreign-born residents, section 166, 82 examinations, section 3, division V, 38 8, 21 executions, section 266, 133 flag day, section 265, 133 INDEX. 263 PAGE. Cities, flags for school-houses, section 256, 131 high schools, rules 1-7, 191 holidays, sections 121, 264, 63, 133 insurance, section 95, division VI, 46 institutes, rules 1-5, 187 kindergartens, section 161, 81 libraries, article XXIV, rules 1-2, 113, 190 manual training, article XXI, section i, 109, 149 medical inspector, section 225, 130 outhouses, section 143, 72 parental schools, sections 182-186, 88 penalty for violation of law, sections 19, 44, 14, 24 illegal use of school moneys, section 254, 130 pension, teachers', section 242, 1 18 plans for school-houses, sections 78, 144, 145, 33, 72, 73 property, title to, sections 41, 53, 54, 55, 22, 26 pupils, admission of, sections 139, 161, 70, 81 ages, of, sections 131, 161, 164, 66, 81, 82 attendance reported, section 205, 101 compulsory, sections 174-187, 84 excluded from school, sections 136, 137, 140, 68, 69, 70 expulsion of, section 135, 68 non-resident, section 131, 66 suspension of, sections 122, 135, 63. 68 transfer of, section 133, 67 transportation, section 132, 67 tuition fees, sections 65, 131, 134, 29, 66, 67 vaccination, sections 136, 137, 68, 69 religious service, section 125, 64 reports, sections 32, 60, 65, 69, 205, 19, 28, 29, 31, 98 school district, section 39, 21 month, section 117, 61 term, section 44, 24 year, section 268, 134 secretary, appointment of, sections 56, 62, 27, 29 bond of, section 62, 29 clerks may appoint, section 63, 29 contracts with teachers, to file, section 117, 61 duties, sections 45, 63-66, 69, 79, 208, 24, 29, 31, 34, 103 removal of, section 62, 29 report of, sections 65, 69, 29, 31 salary of, sections 56, 62, 27, 29 term of employment, section 56, 27 tuition fees, section 65, 29 sinking fund, custodian of, section 210, 105 superintendent, appointment of, sections 56, 70, 27, 31 apportionment for, section 205, 98 264 INDEX. PAGE. Cities, superintendent, arbor day program, section 261, 132 assistant may nominate, section 71, 32 clerks may appoint, section 73, 32 duties of, sections 70-75, 31 qualifications, section 72, 32 removal of, section 70, 31 report of, sections 32, 73, 19, 32 salary of, sections 56, 70, 27, 31 teachers, may suspend, section 75, 33 teachers' report to certify, section 120, 63 term of office, section 56, 27 supplies, advertisement for, section 58, 27 teachers, appointment of, sections 57, 74, 117, 27, 32, 61 certificates for, section 3, division V, 38, 8, 21 contracts, sections 117, 118, 121, 61,62,63 corporal punishment prohibited, section 123, 64 evening schools for foreign-born residents, section 166, . 82 excluded from school, section 136, 68 holidays, sections 121, 264, 63, 133 institute, section 258, 132 jury duty, section 126, 64 pension for, sections 130, 242, 66, 118 pupils, authority over, section 122, 63 register, to keep, section 120, 63 removal of, sections 57, 74, 118, 27, 32, 62 report of, section 120, 63 rules for employment, section 117, 61 salaries of, sections 20, 117, 118, 120, 121, 124, article XXVI, rule i, 15,61,62,63,64,188 suspension of, section 75, 33 term, school, section 44, 24 text-books, sections 58, 74, 171, 172, 27, 32, 84 title to school property, sections 41, 53, 54, 55, 22, 26 transfer of pupils, section 133, 67 transportation of pupils, section 132, 67 truant officers, section 176, 86 tuition fees, sections 65, 131, 134, 142, 29, 66, 67, 71 vaccination of pupils, sections 136, 137, 68, 69 warrants, how issued, sections 67, 68, 30 City superintendent, agricultural college, hold examinations for, section 2, 160 appointment of, sections 56, 70, 27, 31 apportionment for, section 182, division I, 98 assistant, may nominate, section 71, 32 duties of, sections 71-75, 32 qualifications, section 72, 3 2 removal of, section 70, 3 1 report of, sections 32, 73, i9> 32 INDEX. 265 PACE. City superintendent, salary of, sections 56, 70, 27, 31 teachers, may suspend, section 75, 35 teacher's report to certify, section 120, 63 term of office, section 56, 27 Commissioner of education, administer oaths, section 9, 12 affidavits, may take, section 25, 16 annual report to State board, section 24,. ... 16 appeals, section n, 12 appointment of, term and salary, sec- tion 6, 10 apportion school moneys, section 21, 15 approve order for payment of moneys with- held, section 142, 72 blanks to be furnished school officers, sec- tion 23, 16 certified copies of record of proceedings in bond issues to be filed with, sec- tion 158, 80 condemn school buildings, section 144, 73 construction and furnishing of schools, sec- tion 14 13 county superintendent's salary withheld for cause, section 18, 14 decide controversies arising under school laws, section 15, 13 employ clerical assistance and fix compensa- tion, section 13, 13 expenses of county superintendents paid on order of, section 29, 26 keep a record of official acts, etc., section 16, 14 moneys for evening schools, section 167, . . 83 office provided for, section 12, 12 powers of, section 7, 10 power to designate secretary of State board, section 7, division I, 10 to appoint assistants, section 7, divi- sion II, 10 to designate supervisor of secondary education, section 7, division III, 10 to designate supervisor of elemen- tary education, section 7, division IV, ii to designate assistant as supervisor of industrial education, including agriculture, section 7, division V, 11 to designate assistant to hear con- troversies and disputes, section 7, division VI, 1 1 266 INDEX. PAGE. Commissioner of education, power to hold meetings of county and city superintendents, section 7, division X, ii to prescribe examination for grad- uation from grammar schools, etc., section 7, division VII, 11 to prescribe course of study for ele- mentary schools, section 7, divi- sion VIII, : ii to prescribe method to ascertain children below normal, section 7, division IX, 1 1 to withhold school moneys, section 7 division XI, 12 published report of, section 40 22 remit penalties, section 44, 24 report of county superintendent to, 248 report to State board once a month, section 7, division XII, 12 reports made to, sections 31, 32, 73, 19, 32 reports of private schools, section 22, 16 request standard plans for school buildings to be prepared, section 144, 72 salary withheld from teacher, section 20, .. 15 secretary of State board and member of board of examiners, section 14, 13 seal, records, etc., to be delivered to suc- cessor, section 26, 17 special report by boards of education, sec- tion 168, 83 State school moneys withheld for non-per- formance of duty, section 19, 14 supervision of all schools of the State, section 14, 13 suspend certificates of teachers, section 119, 63 take affidavits, etc., section 25, 16 title of office defined, section 10, 12 trustee of school fund, section 8, 12 United States, school records accessible to, section 34, 19 vacancy in office of county superintendent filled by, section 17, 14 Collection of tax to pay bonds and interest, section 109, 56 Collector of taxes, compensation, section 104, 52 Collectors, pay moneys to custodian, section 160, 81 Commissioner of Labor, truancy, etc, section 179, 87 Compensation, board of examiners, section 37, 20 magistrates, section 187, 90 INDEX. 267 PAGE. Compensation, members boards of education in school districts, -Action 50, 26 members State board, section 4, 10 truant officers, section 176, 86 trustees of industrial schools, section 5 147 trustees for support of public schools, section 192,.... 91 Complaint, truancy, sections 180, 187, 88, 89 Comptroller's warrant to county collector, section 203, 97 Compulsory education, sections 174, 179, 84, 87 Continuance of officials for full term, section 271, 134 Controversies to be decided by commissioner of education, section 15,. . 13 Condemn land for school purposes, union-graded schools, section 154, division II, 77 Condemnation of land for school purposes, by whom, sections 53, 95, division V, 104, 26,46,51 Consolidation of districts, sections 112, 113, 115, 57, 58, 59 Contagions diseases, vaccination imperative, section 136, rule 4, 69,193 Contracts for building and repairs, section 59, also foot note, 28 with teachers, section 117, 61 officials not to be interested in, section 32, 165 Conveyance of school property for nominal sum, section i, 157 Corporal punishment forbidden, section 123, 64 Corporate name of boards of education, section 93, 43 board of union-graded school, section 152, 76 County collector, balances paid to, section 206, 101 neglect of duty, section 201, 95 payments of school tax to State Treasurer, section 201, 95 statement before boards of assessors, section 200, 95 to hold money in trust, section 204, 97 to withhold school moneys, section 7, divisions XI,. ... 12 Course of study for elementary schools, section 7, division VIII, n grammar schools, section 174, 85 night schools, section 166, 82 promotion to higher grade, etc., sections 134, 142, 67, 71 and text-books, section 95, division VII, 46 Coupons, stamp on bonds, section 199, 93 Custodian of school moneys, as to tuition, etc., section 134, 68 evening schools, section 167, 83 to give bonds, section 208, 103 must make report, section 212, 105 manual training, section 230, in retention of moneys by county superin- tendent, section 201, 96 one in each district, sections 207, 208, 102, 103 of school district to certify balance, if any, section 40, 22 in union-graded schools, sections 153, 160,. .76,81 268 INDEX. PAGE. County superintendent, affidavits, may take, section 30, division I, 18 agent, must not act as, rule 5, 186 annual report to commissioner of education. section 31, 19 appointment of, section 3, division II, 27, 8,17 appoint examiners, section 37, 20 appoint members of boards of education, section 30, division IV, 18 appoint president and vice-president, section 94, 44 appoint time for holding semi-annual meetings of boards of education, section 102, 50 apportion school moneys, section 40, 22 balances, to apportion, section 40, 22 certificate, must hold State, section 27, 17 clerical assistant, section 35, 19 condemn school buildings, section 142, 71 consolidation of districts, sections 112, 115, ....57-59 course of study to prescribe, section 95, division VII, 46 distribute documents, forms, circulars and in- structions, rule 2, 186 duties, penalty for non-performance, section 18, 14 establish uniform course of study and a stand- ard of graduation, rule 7, 186 establish county pedagogical libraries, rule 8,. . 187 expenses paid, section 29, 17 examination for position of, rule 10, 187 flag day, report as to observance of, rule n, . . . 187 issue orders for school moneys, section 30. division II, 18 library, establish county pedagogical, rule 8,.. 187 local officers to report annually, section 32, ... 19 may withhold moneys for neglect of duty by collectors, section 201, 95 meet county boards twice a year, rule 6, 180 office provided for, by board of freeholders, sec- tion 34, 19 powers of, sections 19, 30, 37, 112, 133, 142, 155, 157, 201, J 4, 18, 20, 57, 67, 71, 78, 79, 95 preserve reports of school officers and teachers, and examination papers, rule 4, 186 president of board of education, appoint, 94, . . 44 qualifications, section 27, 17 removal of, section 3, division II, 8 reports of local officers to, section 32, 19 rules governing, 185, 187 salary, sections 18, 28, 192, 14. r/, 91 INDEX. 269 PAGE. County superintendent, State school tax, to withhold in certain cases, section 19, 14 supervision of schools, section 33, 19 term of office, sections 17, 27, 14, 17 transfer of pupils, sections 132, 133, 67 union-graded schools, sections 148, 149, 74, 75 vacancy, how filled, section 17, 14 vice-president, to appoint, section 94 44 visit schools, rule i, 185 D. Damage to school property, section 135, 08 Deaf children, sections 141, 224, 225, 71, 108 Decisions, record to be kept, section 16, 14 Deficiency in school fund, section 198, 93 Detention schools, 152, 157 Diplomas, district normal school, section 38, 21 Disbursements by boards of education, section 68, 30 Dismissal of teacher, section 118, 62 Disorderly persons, sections 175, 178, 4, 86, 87, 163 District boards to report to county superintendent, section 205, 98 District clerk, accounts to be kept, section 100, 49 affidavit, section 99, 48 appointment of, section 100, 49 bond of, section 100, 49 bonds, registry of, section 106, 54 certificate of tax, section 104, 51 elected to take office July ist, 248 forward to county superintendent copy of contract with teacher, rule 70, 184 issue orders for vaccination at public expense, section 137, 69 minutes kept, section 100, 49 notice to assessor, to give, section 109, 56 notice of meetings of board of education, section 100, . . 49 legal voters, sections 87, 88, 100, 112, 148, 40,41,49,57,74 orders, to issue, sections 100, 120, 134, 207, 49, 63, 67, 102 penalty for failure to post notices, section 88 41 report, section 100, 49 register, to certify, section 120, 63 report of, sections 32, 86, division XIII, 100, in, rule 70, 19, 47, 49, 57, 184, 248 salary, section 100, . 49 Supplies, may purchase, section 99, 48 teacher's contract, to file, section 117, rule 70, 61, 184 2;o INDEX. PAGE. District clerk, teachers' retirement fund, payments to, section 244, division I, 120 vaccination of pupils, give permit for, section 137, .... 69 meetings, section 88, 41, 248 normal school diplomas, section 38, 21 tax for school purposes, section 104, 51 schools, rules and regulations, section 95, division III, 45 Districts consolidated, sections 112, 113, 115, 57, 58, 59 Doors of school-houses to open outwardly, section 146, 73 E. Election, union-graded schools, section 148, 74 by ballot x for members of boards of education, section 89, .... 42 Elementary certificates, rule 26, . 179 education, rule 16, 177 school, definition of, rule 16, 177 Employed children, section 174, 85 Employment of teachers, section 117, 61 Enumerators, how appointed, section 267, 134 Epidemics, schools closed during, section 138, 69 Estimate for expenses furnished by board of education, section 80, .... 35 Evening schools, apportionment, section 205, 101 for foreign-born, residents, section 166, 82 Examiners, county, section 37, 20 State board of, section 36, rules 58-71, 20, 182 Examination of school buildings, section 144, 73 Examinations, minimum prescribed, section 7, division VII, n order of, 185 State, when held, 248 Exemption from jury duty, section 126, 64 Exclusion from school prohibited on account of religion, nationality or color, section 140, 70 Expenses, agriculture, manual training, etc., sections I, 3, 149,150 kindergartens, section 163, 81 night schools, sections 166, 170, 82, 83 F. Farnum preparatory school, control and management of, section 2, 8 Financial statement of district clerks, 248 township collector, 248 Fire, destruction by, section 147, 73 Flag day, section 265, rule 11, 133, 187, 249 Flags for school-houses, section 256, 131 Foreclosure procedings, section 194, 195, Foreign-born residents, night schools, section 166, LNDEX. 271 1>AGE. Free schools, age of pupils, section 131, 65 fund for support of, 5 lectures, 163 tuition in normal schools, section 213, 105 Furnishing school buildings, section 145 73 G. Government of schools, act relating to, section 275, 136 Grammar schools, course of study, section 174, 85 H. Holidays, observation of, section 121, rule n, 63, 187, 249 Hearing upon charges against principal or teacher, section 127, 65 High schools, apportionment to, rule i, 192 approved, rules 1-7, 191 attendance of unemployed, section 184, 85 diplomas, rule 3, I9 1 Income from leases, section 191, 91 Indebtedness, assumption of, section 42, 23 Industrial education, supervisor of, how appointed, section 7, division V, u school for colored youth, control of, section 226, 109 schools, appropriation by State, sections I, i, 145, 147 money applied under direction of trustees, section 2, . 145 Inspection of work and materials, section 78, 34 Inspector of accounts, appointed by State board, section 3, division VII, 8 buildings, appointed by State board, section 3, division VI, 8 Institutes, teachers' rules for, rules 1-5, 187 Insurance of school property, section 95, division VI, 147, 46, 73 Interest, how paid, section 160, 8-1 payment of, section 199, 93 of surplus revenue, section 257, 131 Investments, moneys of school fund, sections 192, 193, 91 teachers' retirement fund, section 240, 117 Itemized bills, unlawful to pay unless, section 99, 48 J. Janitor, mechanics and laborers, section 95, division II, 45 Joint school district, section 208, 104 Judgments against school districts, payment of, section 266, 133 272 INDEX. PAGE. Jury duty, exemption from, section 126, 64 Juvenile court, section 6, 156 offenders, section 180, 88 K. Kindergartens, ages of pupils in, section 161, 81 definition of, rule 15, 177 expenses, how paid, section 163, 81 maintenance of, section 162, 81 teachers in, section 162, 81 L. Land and buildings, appropriations for, section 82, 36 condemnation of, for school purposes, section 95, division V, .... 46 Law applies to all school districts, section 279, 137 Leases, income from, section 191, 91 Length of school term, section 44, 24 Libraries, school, appropriations for, sections 233-235, 112 rules governing, 190 teachers, sections 236, 237, 113 Library year, 249 Lien on property, bonds issued by any school district, section 108, 56 Limit of State appropriation, section 167, 83 Lincoln's birthday, section 264, 133 Loan on mortgage, section 196, 92 Local tax for industrial schools, section 3, 146 M. Majority vote in certain cases, section 97, 48 Management of schools, section 56, 27 Manual training, appropriation for, sections 230, I, 140, 149 managers, section 231, in and industrial school for colored youths, Bordentown, N. J., section 226, 109 schools, section 174, 85 teachers, section 205 (), 100 district tax, for section 104 5 1 Mechanics' lien law (see foot note), 34 Medical examiner, duties of, section 141, 71 inspection, rules regulating, 193 inspector, salary, section 154, division III, 77 furnish certificate of vaccination, section 136, 68 to be competent physician, section 255 130 INDEX. 273 PAGE. Meetings of county and city superintendents, section 7, division X, n State board, when held, 248 regular, in school districts, section 98, 48 special, of legal voters, section 95, division X, 112, 46, 57 Members of board for a new township, section 30, division IV, 18 Memorial Day, observance of, section 264, 133 Misdemeanor to exclude certain pupils, section 140, 70 Moneys held in trust by custodian, section 208, 104 Model schools, how maintained, section 218, 106 Mortgage, incumbrance, section 195, 9 2 investments, section 193, 91 loan on, section 196, 92 Municipalities, annexation, etc., section 42, 23 repayment of indebtedness, section 43, 23 N. New school districts, section 40, 21 township, appointment of boards of education, section 30, division IV, 18 Night schools, how maintained, section 164, 82 foreign-born children, section 165, 82 Normal school, district diplomas, section 38, 21 schools, control of grounds and buildings, sections 214, 216,.... 106 pupils must declare intention to teach, section 217, 106 title, and tuition, section 213, 105 Notice of district meetings, section 88, 42 O. Oath of office, section 94, 44 members of boards of education, section 48. 25 Oaths and affidavits, section 25, 16 authority to administer, section 128, 65 by whom administered, section 9, 12 Obligations assumed by new districts, section 41, 22 Obscene language, cause for suspension, section 135, 68 Office for county superintendent, section 34, 19 of State board, sections i, n, 7, 12 Officers teachers' retirement fund, section 240, 115 Officials must not act as agents for text-books or supplies, section 173, . . 84 not to be interested in contracts for buildings or supplies, sec- tion 32, 165 Official seal, section 95, division XII, section 154, division IV, 47, 78 Orders for school moneys, section 30, division II, i Organization of boards of education, section 52, 26 board of union-graded school, section 153, 76 school boards, section 94, 44 Outhouses or water-closets, must be provided, section 143 72 274 INDEX. p. PAGE. Parental schools, sections 182, 183, 185, 186, 88, 89 Parents liable for damage to school property by children, section 135, 68 Patriotic exercises, certain holidays, section 264, 133, 249 Payment by county collector to State Treasurer, section 201, 95 of claims, how made, section 67, 30 judgments against school district, section 266, 133 moneys to custodian, section 209, 104 Penalty for bribery, sections 28, 30, 164 exceeding appropriation, section 31, 165 failure of collector of taxes to pay over same, section 201, .. 95 improper use of school money, section 254, 130 not sending child to school, section 179, 87 officers having interest in furnishing supplies, section 29, . . 164 refusing to obey subpoena, section 128, 65 Pension for teachers, principals or superintendents, section 130 66 Physiology examination in, section 260, 132 Plans for school buildings, section 144, 72 and contracts, approval of, section 145, 73 specifications supervised, section 78, 33 Powers of boards of education, section 95, 45 commissioner of education, section 7, 10 county superintendent, section 30, 18 district boards, section 95, 45 State board of education, section 3, divisions I, II, III, IV, V, VI, VII, IX, X, XI, XII, XIII, 8, 9 union-graded school boards, section 154, 76 and duties of boards of education in consolidated districts, sec- tion 114, 59 union-graded schools, section 156, .... 79 secretary, sections 62, 63, 64, 65, 66, 29 Principals, dismissal of, section 127, 65 employment and suspension of, etc., sections 75., 95, 123, 33, 45, 64 pension, section 130, 66 salaries of, article XXVI, 124 Private schools, registration of 192 reports of, section 22, 16 Profanity or obscene language, section 135, 68 Proposals, section 95, note d, 45 advertising and receiving, section 33, 166 for supplies, section 58, 27 Pupils, admission to public schools, section 139, 70 age, etc., section 131, 66 damage to school property, section 135, 68 diminution of, section 129, 65 INDEX. 275 PAGE. Pupils, exposed to contagious diseases, section 136, 69 expulsion of, section 95, division VIII, 46 industrial schools, etc., section 2, 145 must comply with regulations, section 135, 68 night schools, section 164, 82 non-resident, section 131, 66 special classes for, section 141, 70 suspended for cause, section 123, 64 teacher's authority over, section 122, 63 vaccination of, section 136, 68 Purchase, sale, lease and improvement of school grounds, section 95, division IV, section 154, division I, 45, 76 Q. Qualification of county examiners, section 37, 20 members of boards of education, section 91, 43 city board, section 47, 25 State Board of Education, section i, 7 superintendents of schools, section 72, 32 voters at school meetings, section 91, 43 R. Railroad tax, distribution for school purposes, how made, sections 292-295 141 Real estate held by trustees for support of public schools, sale of, section 196, 92 Reapportionment of school moneys, section 206, 101 Records to be kept by district clerk, section 100, 49 Reduction of salary of principal or teacher, section 127, 65 Referendum, mode of declaring acceptance of, sections 252, 253, 272, 273, 129, 135 Registration of private schools, 192 Removal from office, cause for, section 173, 84 Removals and vacancies, union-graded schools, section 151, 76 Report of Commissioner of Education to State board, 248 county superintendent to Commissioner of Education, 248 district clerks to county superintendent, 248 elections in district boards deposited with county superin- tendent, section 89, 42 State board of children's guardians, section 5, 168 teachers to board of education, 248 employed, 249 Reports of local officers of school districts, section 32, 19 monthly and yearly, by secretary, section 69, 31 private schools, section 22, 16 Report, special, night schools, to State superintendent, section 168, 83 276 INDEX. PAGE. Residence of members of boards of education, section 283, 138 Reserve fund, apportionment of, sections 201, 202, 96 Retention of apportionment from State tax, section 201, 96 Retirement of teachers, principals or superintendents, section 130, 66 Right to sue, section 103, 51 Riparian lands part of school fund, section 190, 90 Rules and regulations for advertising for proposals, section 58, 27 night schools, section 160, 82 for carrying school law into effect, section 3, 8 institutes, section 3, division III, rule i, 8, 187 S. Salary, business manager, section 76, 33 commissioner of education, section 6, 10 county superintendent, section 28, 17 withheld for neglect of duty, section 18, . . 14 district clerk, section 100, 50 janitors, mechanics and laborers, section 95, division II, 154, division III, 45, 74 principal or teacher, reduction of, section 127, 65 principals, teachers, janitors, section 154, division III, 74 secretary city board of education, section 62, 29 superintendents of schools, se'ctions 17, 70, 14, 31 teachers, sections 20, 74, 95, division II, 117, 120, article XXVI, 15, 32, 45, 61, 63, 124 treasurer, school for colored youth, section 229, no normal school, section 215, 106 school for the deaf, section 225, 109 Sale of real estate by trustees for the support of public schools, sec- tion 196, 92 Scholarships in agricultural college, section i, 159 School attendance, to be certified, section 205, 98 attendance, rules governing, 189 .bonds, may borrow on, section 82, 36 sale of, section 278, 137 buildings, destroyed by fire, section 147, 73 examination of, section 144, 73 census in districts, section 267, 134 for the deaf, control of, section 222, 107 title, section 221, I( >7 maintenance, etc., sections, 223-225 107 colored youth, article XXI, 109 districts, borrow money in certain cases, section 201, 96 establish union graded schools, section 148, 74 how constituted, section 39, 21 law applies to all, section 279 137 INDEX. 277 PAGE. School districts may sell bonds to trustees for support of public schools, section 277, J37 must provide accommodations for children, section 142, 71 obligations assumed by, section 41, 22 possesses power of taxation (see footnote), 53 regulating new districts, section 40, 21 estimate, board of, sections 79, 80, 81, 82, 34, 35- 36 fund, annual report to Legislature, section 197, 93 deficiency, section 198, 93 riparian lands part of, section 190, 90 secretary of, section 189, 90 trustees of, section 188, 90 grounds, purchase and sale of, section 95, division IV 45 holidays, 249 houses, facilities and accommodations, article X, 71 used for other purposes, section 95, division XI, 47 libraries, article XXIII, 112 appropriation for, section 233, 112 joint library, section 235, 112 selection of books, section 234, 112 in union-graded schools, section 154, 77 rules- for, 190 money, penalty for improper use of, section 254, 130 moneys withheld, section 142, 7 1 month, to be tweny school days, section 117, 61 orders, when draw interest, section 211, 105 property conveyed for nominal sum, section i, 157 title to, section 41, 22 vested in board of education, section 54, 48 register, teacher shall keep, section 120, 63 supplies, union-graded schools, section 154, division III 77 taxes (see foot-note), 95 when collected and due, 249 paid to State Treasurer, when, 249 term, length of, etc., section 44, 24 year, when begins, section 268, 134, 249 Schools closed during epidemic, section 138, 69 of detention, arrangement, ground, officers and employes, super- intendent, teachers, salaries, etc., section 3,. ...153. 154 building for, section I, 152 counties may contract for children,' section 6, ... 156 county may issue bonds, section 5> T 55 for whom intended, section 2, 153 judge of juvenile court may demand information as to conduct, etc., section 4, 155 management of, section I, 152 record to be kept, section 4, 154 free, section 131, 66 19 S L 278 INDEX. PAGE. Seal, official, section 95, division XII, 47 Secondary education, supervision of, section 7, division III 10 school, term defined, rule 17, 177 Secretary, salary, powers, duties, etc., sections 62, 63, 64, 65, 66, 29 State Board of Education, section 7, division I, section 14. .10, 13 Semi-annual meetings of boards of education, section 102 50 Sinking fund for retirement of bonds in cities, section 82, 37 payment of school bonds, section 210, 105 Special appropriation for night schools, section 167, 82 classes for pupils below normal, section 141, 70 meetings of legal voters, section 95, division X (see foot note), 46, 5i. 104 report, night schools, to State superintendent, section 168, 83 State appropriation for industrial schools, section i, 147 to the counties, apportionment of, 249 and township school taxes to districts, 249 board of children's guardians, appointment of, section i 166 children indentured, section 12, .... 170 children placed, section 9, 1 70 duty of overseer of poor, section 8, . 169 expenses, section 7, 169 funds provided, section 6, 169 powers and duties, section 3, 167 reports of, section 5 168 vacancies, section 2, 167 visitations, section 5, 168 wards of, section 8, 169 Board of Education, appeals, section 3, division IV, u, 15 8, 12, 13 appointment of, section i, 7 by-laws, may frame and modify, section 3, division I, colored industrial school, control of, section 2, 8 compensation not to be paid members, sec- tion 4, 10 contracts awarded, not to be interested in, section 33, 165 county superintendents, to appoint, section 3. division II, deaf, control of school for, section II, article XX, evening school for foreign-born residents. section 166, examinations, make rules for. section 3. division V, 36-38, 8, jo expenses of, section 4, i county superintendents, approval of, section 29, t~ INDEX. 279 FACE. State Board of Education, Farnum preparatory school, control of, sec- tion 2, 8 manual training schools, section 2, 8 meetings, time and place of, section i, 8, 248 to be public, section i, 8 model school, maintain, section 218, 106 normal school, control of, section 2, article XIX, 8 office of, section i, 7 plans for school-houses, to approve, 145, 73 powers to appoint county superintendents, section 3, division II, 8 to appoint an inspector of buildings, section 3, division VI, 8 to appoint an inspector of accounts, section 3, division VII, 8 to appoint supervising principals upon appli- cation, section 3, division IX, 9 to compel production of books and attend- ance of witnesses, section 3, division XII, 9 to decide appeals, section 3, division IV, ... 8 to fix district rates of tuition, section 3, division XI, 9 to issue subpoenas, section 3, division XIII, 9 to make rules for its own government, elect its officers, and enforce rules and regula- tions, section 3, division I, f to prescribe method of bookkeeping for school districts, section 3, division VIII, . . u to regulate examinations and licenses to teach, section 3, division V, .8 to regulate holding of teachers' institutes, section 3, division III, S to withhold approval of secondary schools, section 3, division X, < i qualifications for members, section i, 7 report of to Legislature, section 5, 10 reserve fund, apportion, section 202, 96 rules and regulations, I73-IQ7 rules, to prescribe, section 3, divisions I, V, . . 8 report annually to Legislature, section 5, 10 secretary of, section 7, division I, 10 State appropriations, 249 State board of examiners, appoint member of, section 36, 20 supervise and control public instruction, sec- tion i, 280 INDEX. PAGE. State Board of Education, term of office, section i, 7 vacancies, how filled, section i, 7 constitution, extracts from, 5 normal schools, admission of pupils, section 217, 106 buildings and grounds, section 214, 106 certificates to graduates, rules 53-57, 182 control of, sections 2, 214, 8, 106 course of study, section 214, 106 diplomas to graduates, section 214, 106 insurance, section 216, 106 model schools, section 218, 106 object, section 213, 105 principals, appointment of, section 214, 106 member of State board of examiners, section 36, 20 pupils, number of, section 217, 106 pledge, section 217, 106 repairs, section 216, 106 rules for, section 214, 106 teachers in, 214, 106 title, section 213, 105 treasurers of, section 215, 106 prison school, board must report annually, section 8 152 expenses, how met, section 7, 151 inmates not admitted without consent of keeper, section 6, 151 inspector to establish, section i 150 rules, teachers, books, course of study, section 3,... 151 supervision of, section i, 150 teachers' qualifications, sections 4, 5, 151 school tax, annually assessed, section 200, 94 appropriation from State Fund, section 200, 94 rate of, section 200, 94 schools, control of, section 2, 8 provisions and supplies, sections 219, 220, 107 tuition fees, etc., held in trust, section 219, TO/ treasurer, payments of quota of school tax by county collectors. section 201, 95 Statement by State Comptroller of amount of tax and appropriation, sec- tion 200, 94 Students, agricultural college, admission of, 159 Subpoenas, issue of, section 3, division XIII, 9 witnesses must obey, section 128, 65 Summer courses in agriculture and manual training, section 1-3. 149 Superintendents, pension, section 130, 66 Supervising principal, union-graded schools, section 154, division V, sec- tion 155, ' / 8 INDEX. 281 PAGE. Supervising principal, how appointed, section 96 47 State board may appoint, section 3, division IX, 9 Supervision of schools, county superintendent to exercise, sections 14, 30, 13, 18 Supervisor of elementary education, section 7, division IV, n secondary education, section 7, division III, 10 industrial education, section 7, division V, n what' the term includes, rule 19, 177 or city superintendent, apportionment of school moneys, section 205, division I, 98 Supplies, advertised for, section 58, 27 and text-books, free, section 171, 84 Surplus revenue, interest of, section 257, 131 Suspension from office, section 3, division XII, 9 of principals or teachers, section 75, 33 pupils, section 135, 68 T. Tax assessed, levied and collected, section 200, 94 for raising money in certain cases, section 143, 72 support of industrial schools, section 3, 146 rate of State school, section 200, '. 94 special district, section 187, 90 Taxable property, assessment, section 192, 91 Taxation, money raised by, section 154, division I, 77 Taxed costs, payment of, section 195, 92 Teachers, agents, for supplies, not to act as, section 173, 84 appointment of, section 74, 32 agricultural college, section 4, 162 appointment of, section 74, 32 apportionment for, section 205^ 99 arbor day exercises, section 261, 132 balance of salary due, rule i, 188 certificates, must hold, sections 27, 117, 124, 129, 162, rule i 17, 62, 64, 66, 8 1 exhibit to county superintendent, rule i, 175 percentage required, rule 3, 175 revocation of, section 173, 84 suspension, section 119, 63 contagious diseases in schools, section 136, 68 contracts, section 117, 118, 61, 62 corporal punishment prohibited by, section 123, 64 critic, section 251, 127 detention schools, section 3, 153 dismissal of, sections 57, 75. 95, 118, divisions II, III, 97, ' ^ 27, 33, 45, 48, 62. 65 282 INDEX. PAGE- Teachers, employment of, section 95, rule i, 45, 175 examinations, section 3, division V, rule 20, 8, 178 evening schools, section 205^, 99 for foreign-born residents, section 166, 82 flag day, section 265, 133 grammar schools, section 251, 125 high schools, section 251, 126 holidays, sections 121, 265, 63, 133 exercises held, section 265, 133 institutes, must attend, rule 3, 188 jury, exempt from service on, section 126, 64 kindergarten, sections 162, 251, 81, 125 night schools, section 164, 82 patriotism to be taught, section 265, 133 penalty for violations, section 119, 63 pension, section 130, 66 primary schools, section 251, 125 pupils, authority over, section 122, 63 pupils, suspension of, sections 122, 135, 63, 68 register to be kept, section 120, , 63 religious exercises in schools, section 125, 64 report of, section 120, 63 retirement fund, article XXV, 113-124 rules for employment of, sections 57, 59, division III, 117, rule I, 27, 45, 61, 175 salary, sections 124, 127, 251, article XXVI., rule i, 64, 65, 124, 188 tax for, section 104, 51 withheld for neglect, section 20, 15 school month, section 117, 61 school register must be kept by, section 120, 63 State prison school, section 3, 151 summer schools for, sections 1-3, 149 supervising principals, sections 96, 97, 138, division V, 47,48, 78 suspend pupils, sections 122, 135, 63, 68 suspension of, sections 75, 119, 33> 63 tenure of service, section 127, 64 testimonials, shall file, rule 4, 1 7S training schools, section 251, 127, 128 institutes, section 3, division III, 258, rules 1-5, 8, 132, 187 libraries, appropriations for, sections 236, 258, 113, 132 control of, section 237, 113 committee on selection, section 237, 113 retirement fund, annual convention, section 239, 114 annuities granted, sections 242, 243, 118, 120 amount of, section 242, 118 application for membership in, section 246, 122 INDEX. 283 PAGE- Teachers, retirement fund, appropriation for, section 250, 124 assets, section 244, 120 bequests, section 240, 117 expenses, section 240, 118 fiscal year, section 240, 117 investment, section 240, 117 members, sections 244, 246-250, 120 officers of, section 240, 113 president, section 240. t . . 115 report of, section 240, 117 secretary, section 240, 115 treasurer, section 241, 118 trustees, section 238, 113 powers of, section 245 121 ungraded schools, section 205, division I, 99 keep school register, section 120, 63 school register, must keep, section 120, 63 permanent tenure, section 127. 64 temporary, section 205^, 99 vaccination of, section 136, 68 Term of night schools, section 164, 82 office, members of boards of education, sections 45, 46, 25 union-graded schools, section 150, 75 Text-books and course of study, section 95, division VII, IX, 46 section 104, 51 free, section 171, 64 kindergarten supplies, section 58, 28 officers and teachers not to be agents for, section 173, 84 rules for furnishing, section 172 84 selection of, section 74, 32 union-graded schools section 154, division III, 77 Thanksgiving Day, section 264, 133 Title to property vested in school board, section 93, 44 school property, in whom vested, sections 41, 55 22, 26 Township boards of education, how chosen, section 86, 39 committee, power to make appropriations, section 83, 38 to certify to assessor, section 84, 38 raise money for school buildings, section 85,.. 39 incorporated town and borough school districts, Article VII. 39 new, determining number of trustees, etc., sections 87, 88, .... 41 Townships, accounts, section 100, 49. affidavits to bills, section 99, 48 annual meeting, sections 88, 100 41. 4t> appropriations, penalty for exceeding, section 38, 21 boards of education, how chosen, section 86, 39 balances, apportionment of, section 40 21 ballot, elections by, sections 89, 90, 105, 42, 43 53 ballot-boxes, to be provided, section 90 4$ 284 INDEX. PAGE. Townships, bills, payment of, sections 98, 99, 4 g board of education, accounts of, section 100, 49 affidavit to bills, section 99, 49 appointment of, section 30, division IV, 95, division I, 18, 45 arbor day, section 261, 132 attendance of pupils, to report, section 182, 98 borrow money, section 95, divisions I, XIV, .' 45 bribery, penalty, sections 28 and 30, ... 164 by-laws, to adopt, section 95, division I", 45 condemn land, section 95, division V, . 45 consolidated districts, sections 112-114 57 contagious diseases, schools closed, sec- tion 138 69 contracts, how made, sections 98, 99, . 48 not to be interested in, sec- tion 92, 43 corporate name, section 93, 43 counsel, employment of, section 103, . 51 county meetings, section 102, 50 course of study, may adopt, section 86, division VII, 97, rule 4, 45, 48, 191 custodian of school moneys, section 208, 103 debts of new districts, sections 41-43, 22 district clerk, appointment of, section 100, 49 election of, section 30, division IV, 86- 89, H3, i8,39,58 evening schools for foreign-born resi- dents, section 166, 82 expulsion of pupils, section 95, division VIII, 135, 45,68 incorporation of, section 93, 43 insurance, section 95, division VI, . . 45 janitors, section 86, division II, 45 medical inspectors, section 255, 130 meetings of, sections 98, 102, 48, 50 minutes of, section 100, 49 mortgage school property, section 95, division IV, 45 notices of meetings, section 88, 4 1 number of members, sections 86, 87, .39, 40 oath of office, section 94, 44 organization, section 94, 44 INDEX. 285 PAGE. Townships, board of education, penalty for failure to attend meet- ings, section 101, 50 penalty for violation of law, sections 19, 44, 14, 24 pension, teachers, section 130, 66 petition to call meeting of legal voters, section 95, division X, 45 powers, sections, 95, 187, 267, 45, 89, 134 president, section 94, 44 pupils, may suspend or expel, section 95, division VIII, 135, 45,68 qualifications, section 92, 43 removal of members, sections 101, 173 50,84 report of, section 95, division XIII, ... 45 seal, section 95, division XII, 45 supervising principal, may appoint, sec- tions 96, 97, 47 supplies, how provided, section 99, . . 48 suspend pupils, section 95, division VIII, 135, 45,68 teachers, appointment of, section 95, divisions II, III, 97, 117, 45,48,61 teachers, contracts with, sections 106, 107, 121, 61, 62, 63 teachers, dismissal of, section 95, divi- sions II, III, 118, 45,52 teachers, salaries, section 95, division II, 117, 118, 120, 124, ...45,61,62,63,64 term of office, sections 86, 87, 113, .39,40,58 text-books, section 95, divisions VII, IX, 97, 171, 172, 46, 48, 84 transfer of unused school buildings, . . 158 transportation of pupils, section 132, ... 67 truant officers, section 176, 86 vacancies in, sections 86, 95, divisions I, 101, 39,45,50 vice-president, section 94, 44 bonds, sections 90, 105, in, 43, 53, 57 census, section 267, 134 colored children, not excluded from school, section 140, . . 70 condemnation of land for school purposes, section 95, divi- sion V, 106, 46, 54 consolidation of districts, sections 112-116, 57, 58, 59, 60 contagious diseases, schools closed, section 138 69 pupils excluded from school, section 136, 68 contracts, how made, sections 98, 99, 48 286 INDEX. PAGE. Townships, corporal punishment prohibited, section 123, 64 corporate name of district, sections 93, 114, 43, 59 course of study, adoption, section 95, division VII, 97, 46, 48 custodian of school moneys, section 104, article XVIII, .51,102 debt, sections 41-43, 22 district clerk, appointment of, section 100, 49 tax, sections 103-105, 51 elections by ballot, sections 89, 90, 105, 42, 43, 53 evening schools, sections 164, 165, 82 foreign-born residents, section 166, 82 executions against, section 266, 133 expulsion of pupils, section 95, divisions VIII, 135, 46, 68 flag day, section 265, 133 flags for school-houses, section 256, 131 high schools, approval of, rules 1-7, 191 holidays, sections, 121, 264, 265 63, 133 insurance, section 95, 46 janitors, section 95, division II, 45 kindergartens, sections 145-147, 81 legal expenses, section 103, 51 voters at school meetings, section 91, 43 libraries, article XXIII, 112 manual training, section 104, article XXII, 51 medical inspectors, sections 104, 136, 255, 51,68,130 mortgage school property, section 95, division IV, 45 new districts, section 87, 41 notices of meetings, sections 88, 89, 41.42 outhouses, tax for, section 143, 72 penalty for illegal use of school moneys, section 254 130 pensions, section 130, 66 petition for meetings of legal voters, section 95, division X, 46 plans for school-houses, sections, 144, 145, 7 2 , 73 property, title to, section 41, 22 pupils, admission of, sections 131, 139, 66, 70 expulsion or suspension, section 95, divisions VIII, 122, 135, 45,63,68 transfer of, sections 133, 134. 6 7 transportation, sections 132, 205, 67,100 tuition fees, sections 131, 134, 66, 67 vaccination, sections 136, 137, 68, 69 religious services in schools, section 125, 64 report, section 95, division XIII, in, 47. 57 school-houses, used for other purposes, section 95, division XI, 47 school term, section 44, 24 month, section 117, 61 year, section 268, 1 34 seal of, section 95, division XII, 47 INDEX. 287 PAGE. Townships, sinking fund custodian, section 210, 105 special meetings of legal voters, section 95, division X, 112,. .46,57 supervising principal, section 96, 47 supplies, how provided, section 99, 48 suspension of pupils, section 95, division VIII, 46 teachers, appointment of, section 95, divisions I, II, 97, ii7 45, 48, 61 teachers, contracts with, sections 117, 118, 121, rules 69, 70, 61, 62, 63, 184 pension, section 30, 66 rules for employment, section 117, 61 salaries, sections 117, 118, 120, 121, 124, ..61,62,63,64 tellers at school meetings, sections 89, 90, 105, 42,43,53 term, school, section 44, 24 text-books, section 95, divisions VII, IX, 97, 171, 46,48,84 title to school property, section 41 22 transfer of pupils, sections 133, 134, 67 transportation of pupils, sections 132, 205, 67,100 truant officers, sections 176, 177, 86 tuition fees, sections 131, 134, 66, 67 union-graded schools, article XI, 74, 81 vaccination of pupils, sections 136, 137, 68,69 Transfer of children remote from school, section 133, 67 Transportation of pupils, district tax for, sections 104, 132, 51, 67 to high schools, section 174, 85 Treasurer, industrial schools, section 4, 146 Manual Training and Industrial School for Colored Youth, section 229, no New Jersey School for the Deaf, section 225, 109 Normal schools, section 215, 106 school fund, section 197, 93 teachers' retirement fund, section 241, 118 Truancy defined, sections 178-182, 86-88 Truant officers, sections 175, 176, 179, 180, 181, 86, 87, 88 Trustees for support of public schools, sections, 188, 190, 191, 192, 196, 199, 90, 91, 92, 93 of boards of education may be reduced in number, section 87, 40 school fund, section 8, 12 teachers' retirement fund, section 238, 113 industrial schools, appropriation for, section i, 145 of whom to consist, section 3, 146 powers of, section 4, 146 treasurer of board for support of, sec- tion 4, 146 terms of, sections 4, 6, 146, 147 compensation of, section 5, 147 body corporate, section 7, 147 288 INDEX. PAGE- Trustees, of industrial schools, may erect suitable buildings, section i,. . 148 issue of bonds, section 2, 148 sinking fund provided, section 2, 149 township boards may be reduced, section 87, 40 Tuition fees in certain cases, section 131, 66 normal schools, section 213, I0 5 of pupils, section 104, 131, 134, 5Ij 66, 67 rates fixed, section 3, division XI, 9 U. Union-graded schools, apportionment to, section 155, 78 appropriations for, section 154, division III, 77 board, of education, appointment of, section 149, 150, 151, 75,76 corporate body, section 152, 76 powers of, sections 154, 156, 76, 79 removal of member of, section 151, 76 term of office, section 150, 75 vacancy, section 151, 76 bonds for, sections 157, 158, 160, 79, 80 borrow money for, section 154, division I, 76 buildings for, section 154, division III 77 condemn land, section 154, division II, 77 custodian of moneys, section 153, 76 bond of, section 153, 76 salary, section 153 76 election, sections 90, 148, 43, 74 establishment of, section 148, 74 report, section 148, 74 seal, section 154, division IV, 78 secretary, section 153, 76 supervising principal, section 154, division V., ... 78 supervision of, section 157, 79 tax for, section 154, division III, 76 teachers, section 154, division III, 76 voters, questions submitted to, section 158, 79 Union school boards, section 149, 75 districts, apportionment of moneys, section 155, 78 Use of school-houses for other than school purposes, section 95, division XI, 47 V. Vacancy, boards of education, sections 45-, 49, 101, 24, 25, 50 office county superintendent, section 17, 14 county superintendent to fill, section 37 20 in township boards, section 86 40 INDEX. 289 PAGE. Vacancies and removals, section 151 76 in office, sections 94, 95, 44, 45 Vaccination of teachers and pupils, section 136, 137, 68, 69 Validation of acts and appropriations, sections 280, 281, 138 Validity of Act, section 274, 136 Valuation of real and personal property for taxation purposes, section 200. 94 W. Warrant drawn by comptroller for establishment of industrial schools, section i, 94 Washington's birthday, observance of, section 264, 133 Withhold school moneys, section 7, division XI, section 19, 12, 14 salary of county superintendent for neglect of duty, sec- tion 18, 14 salary from teacher, section 20, 15 Witnesses, attendance of, compulsory, section 3, division XII, 9 compelled to testify, section 128, 65 Writs of subpoena, power to issue, section 128, 65 290 INDEX. Blanks and Forms* Forms for County Superintendents: appointment of a president or vice-president, XV, 208 apportionment of balances, notices to custodian, XIII, 208 district clerk, XIV, 208 balances, notices of, XIII, 208 order for, X, 206 certificate condemning school-house, XII, 207 teacher's attendance at institutes, III, 203 transfer of pupils, I, 202 condemnation of school-houses, certificate for, XII, 207 district clerk, notice that teacher has filed report, XI, 207 expenses, statement of, IV, 203 institute, certificate of attendance at, III, 203 notice of, II, 202 notice of balances, XIII, 208 institute, II, 202 to district clerk that teacher has filed report, XI, . . . 207 withhold school moneys from district, XVII, . . . 209 teacher, XVI, . . 209 orders, balances, X, 206 reserve fund, VIII, 206 State appropriation, VI, 205 school fund appropriation, V, 204 tax, VII, 205 surplus revenue, interest of, IX, 206 transfer of pupils, I, 202 reserve fund, order for, VIII, 206 State appropriation, order for, VI, 205 school fund appropriation, order for, V, 204 tax, order for, VII, 205 statement of expenses of county superintendent, IV, 203 surplus revenue, order for interest of, IX, 206 transfer of pupils, certificate for, I, 202 withhold school moneys from teacher, notice to, XVI, 209 district, notice to, XVII, 209 Forms for City Superintendents : application for State aid for school library, XVIII, 210 manual training appropriation, XX, .... 212 contract, teacher's, XIX, 211 INDEX. 291 PAGE. Forms for District Clerks : affidavit to bills, form of, XXX, 220 annual district meeting, notice for, XXI, 213 assessor, notice to, XXXVI, 226 application for loan from State school fund, XXXIX, 240 State aid for library, XXXI, 221 manual training, XXXIV,, 221 ballot for bonds, form for, XXXVIII, 231 board of education, notice of election as member of, XXVII, 217 meeting of, XL,, 241 report of election of, XXVII, 217 notice for meeting, XL, XU, 241 bonds, certificate to assessor for tax for, XXIX, 219 county superintendent, of tax for, XXXVII, 227 directions for proceedings, XXXVI, 226 for school loan, XXXV, 224 notice to assessor of amount of tax to be raised for, XXXVI, 226 certificates of tax for bonds, XXXVI, XXX VII, 226,227 current expenses, XXVIII, XXIX, 217, 218 school tax voted to be raised, XXIX, 219 contract for building, XLIV, 243 with teacher, XXXIII, 222 deed for school property, XLIII, 242 directions for bonding a district, XXXVIII, 228 duties of, XLVI, 245 lease, XLJI, 241 library, application for State aid, XXXI 221 report of purchases, XXXII. 222 loans, bonds for, XXXV, 224 from State school fund, application, XXXIX, 240 note for, XLV, 245 manual training, application for State aid, XXXIV, 223 meeting, items that may be inserted in notice for district, XXIII, ..." 214 notice for annual district, XXI, 213 board of education, XL, 241 special district, XXII, 214 order of business, XXIV, 215 minutes of meeting of board of education, XXXVIIL 232, 238 note, XLV, 244 aoticc, annual district meeting, XXI, XXIII, 213, 214 election of members of board, XXVII, 217 for special district meeting, XXII, 214 items that may be inserted in district meeting, XXIII, 214 meeting of board of education, XXXVIIL XL 217, 241 292 INDEX. PAGE. Forms for District Clerks : notice, members of board of education of election, XXVII. 217 order of business at district meeting, XXIV, 215 miscellaneous purposes, XXVI, 216 teachers' salary, XXV, XXVI, 215, 216 on custodian of school moneys for district tax raised for other purposes than payment of teachers' salaries, XXVI, 216 report of election of board of education, XXVII, 217 library purchases, XXXII, 222 proceedings authorizing bonds, XXXVIII, 228 to county superintendent, XXVII, XXVIII, 217 special district meeting, notice of, XXII, 214 specifications of business to be transacted at district meet- ing, XXIII, 214 tax for bonds, notice to assessor, XXXVI, 226 county superintendent, XXXVII, . . . 227 district school, notice to assessor, XXVIII, 217 teacher, certificate child has attended school, XLVII, 246 contract with, XXXIII, 222- order for salary, XXV, 215 report of suspension, XLJX, 247 to county superintendent when leaving be- fore end of school year, XLVIII, 246 Forms for District Meetings: minutes authorizing bonds, XXXVIII, 228 notice to members of board of education elected at, XL, 241 order of business, XXIV, 215 Miscellaneous Forms and Directions : calendar for school elections and duties, 248 AMENDMENTS TO SCHOOL LAW 1912 VII. Ascertain the thoroughness and efficiency of any Prescribe or all public schools, and of any or all grades in them %ff by such ways and means, tests and examinations, as to him may seen proper, whenever in his opinion or in that of the State Board of Education it is advisable to do so. Prescribe during each school term and within sixty days prior to its expiration, an examination in at least arith- metic, writing, spelling, English, history and geography, of the pupils in the highest grade in each Elementary' School; provided, that if in any school any of said sub- jects is not taught in the highest grade, the examinations shall be confined to such of the said subjects as are taught or used ; prepare or cause to be prepared questions for the examinations; prescribe the times and places for holding them and the rules governing them; select the superintendents, principals and teachers, who shall con- duct them, and who shall mark and file such papers and such reports as may be required in the Department of Public Instruction; report to the State Board of Educa- tion the results of all tests and examinations and such >ther information in regard thereto as it may require. Nothing herein contained shall impair the right of each district to prescribe its own rules for promotion. This amends paragraph VII of section 7, page n. 22. The Commissioner of Education shall by and Appointment with the advice and consent of the State Board of Edu- cation shall appoint for each county a suitable person to be the county superintendent of schools of that county who shall hold office for the term, of three years from the date of his appointment and until his successor shall have been appointed as aforesaid, unless sooner removed for cause by said board. Each county superintendent lereafter appointed shall give particular attention to actual and personal supervision of school and shall de- vote his entire time to the duties of his office. No per- son shall be appointed as county superintendent of Qualifica- tions. Salary of county super- intendents. P. L. 1912, Chap. 367. P. L. 1912, Chap. 364. City hoards of examiners. Proviso. Proviso. schools unless he shall hold the highest teacher's certifi- cate issued in this State and shall have been a resident of the county for which he is appointed for at least three years immediately preceding his appointment. 23. The yearly salary of a county superintendent of schools hereafter appointed shall be three thousand dol- lars. Such salary shall be paid in equal monthly install- ments, and the State Comptroller shall, on the order of the Commissioner of Education, draw his warrant for such salary on the State Treasurer in favor of such county superintendents of schools. This amends sections 27 and 28, page 17 The amendment to section 31 of the School Law passed in 1911 has been repealed. The section now reads as follows : 38. (31.) In each city school district there may be a board of examiners consisting of the superintendent of schools of such district, if there be one, and such persons as the board of education of the school district shall ap- point. No person shall be appointed as such examiner unless he or she shall hold either a State certificate or the highest grade certificate issued in said district, or shall be a graduate of a college or university. Said board of examiners shall, under such rules and regulations as the State Board of Education shall prescribe, grant certifi- cates to teach which shall be valid for all schools of such school district. No teacher shall be employed in any of the schools of such district unless he or she shall possess such certificate or a State or county certificate ; provided, that nothing herein contained shall be construed to pre- vent the board of education of such school district from prescribing and requiring other and further qualifications to teach than shall have been prescribed by the rules and regulations of the State Board of Education as afore- said; provided further, that if any such school district shall maintain a normal school or a training school for teachers, which school shall have been approved as to its course of study by the State Board of Education, then the diplomas or certificates issued to pupils of any such school upon graduation therefrom may be accepted by the board of education of said school district as certifi- cates to teach valid for the schools of such school dis- trict. Amends section 38, page 21. i . In every city school district except where the pro- j^ d be f of visions of article seven of the act to which this is a sup- plement have been or shall hereafter be accepted as per- p y mitted by section two hundred and forty-four of said act and in every township, incorporated town or borough school district in which the provisions of article six of said act have been or shall hereafter be accepted, as per- mitted by section two hundred and forty-three of said act, the board of education shall be appointed by the mayor or other chief executive officer. Said board shall gts d w?th dis ' consist of five members, except where the last State or SfTaS^than Federal census, at any time of appointment as herein- hivefive after provided, shall show a population of forty-five JJ^o'or ..... . ,. over, nine thousand inhabitants or upward in such school district in members. which case the board shall consist of nine members. Ap- Appointed in pointments shall be made between the second and taTe" office February rst. fifteenth days of January in each year and terms of office J^ o{ shall begin on the first day of February thereafter. In the case of boards of education consisting of five mem- bers, one member shall be appointed each year for a term of five years and until the appointment and qualification of a successor; and in the case of boards consisting of nine members, three members shall be appointed each year for terms of three years and until the appointment and qualification of successors; provided, that every member of a board of education in a school district affected by this supplement shall continue to serve during his term of office and thereafter until the first day of Proviso. Vacancy; how filled. Organization of board. February then next ensuing; and provided further, that first appointment under this supplement may be for less than full terms if necessary; it being the intention to provide hereby that when this supplement shall take effect in a school district there shall be an immediate increase, if necessary, to five members or to nine mem- bers, according to the population of the school district, as above provided, and the gradual reduction to the pre- scribed membership as terms expire, if in any case the existing membership shall be in excess thereof, and that eventually in cases of boards of education consisting of five members, one shall go out of office each year, and in cases boards of education consisting of nine members, three shall go out of office each year. Any vacancy in such board of education shall be forthwith reported by the secretary of said board to the mayor or other chief executive officer, who shall, within thirty days thereafter, appoint a person to fill such vacancy for the unexpired term. To every such appointee said mayor or other chief executive officer shall issue and deliver a certificate of appointment. In any township school district affected by this supplement the chairman of the township com- mittee shall for the purposes named in this section be deemed and taken to be the chief executive officer. 2. On the first day O'f February in each year, or on the following day if that be a Sunday, every board of educa- tion constituted by this supplement shall organize by electing one of its members as president and another as vice-president, which officers shall serve for one year and until their respective successors shall be elected. 3. Upon the organization of a board of education under this supplement, any board of education or other body in the school district affected theretofore having charge of the public schools in such school district or having custody, charge or management of any fund or property used for or in the maintaining of public schools in such school district, and having no other function, shall be ipso facto abolished. This repeals sections 45 and 46, page 24. 76. Whenever a city board of education shall decide ns that it is necessary to raise money for the purchase of p nd lands for school purposes, or for erecting, enlarging, repairing or furnishing a school-house or school-houses, he given to . each member it shall prepare and deliver to each member of the board of board of 1 school of school estimate of such school district a statement of cstimatc - the amount of money estimated to be necessary for such purpose or purposes; said board of school estimate shall i"oard of r estimate to fix fix and determine the amount necessary for such ptir- amount of J appropnaton. pose or purposes, and shall make two certificates of such amount, one of which certificates shall be delivered to said board of education, and the other to the common council, board of finance or other body in the city hav- ing the power to make appropriations of money raised by tax in such city; said common council board of finance or other body may appropriate such sum or Appropria- tions; how sums for such purpose or purposes in the same manner made. as other appropriations are made by it, and said sum or sums shall be raised, assessed, levied and collected at the same time and in the same manner as moneys ap- propriated for other purposes in such city are raised, assessed, levied and collected; or said common council, board of finance or other body may appropriate and borrow such sum or sums for the purpose or purposes May rai f e amount by aforesaid, and may secure the repayment of the sum S s of or sums so borrowed, together with interest thereon at a rate not to exceed five per centum per annum, by the issue of bonds in the corporate name of such city; bonds so issued shall be designated "school bonds," may be registered or coupon or both, of such denomi- nations as the common council, board of finance or other board may determine, and shall be made payable in not more than fifty years from the date thereof; they Sinking fund. Bonded debt limited to three per cent, except when bonds issued to replace building destroyed by fire. Limit in such cases, zV-z per cent. shall be sold at public or private sale and not for less than par and accrued interest, and such city shall in its annual tax levy raise money sufficient to pay the interest on said bonds, together with at least one per centum per annum of the principal thereof, to provide a sinking fund for the retirement of said bonds at ma- turity; or in lieu of providing for a sinking fund for the retirement of said bonds at maturity, the bonds may be so issued that a stated equitable amount of them (in value), having regard to other school bonds already issued, shall become payable in each year beginning not more than ten years from date of the earliest issue and ending in not less than forty years from such date, and in such case there shall be raised by tax in each year such sunn of money as may be necessary to pay the in- terest on all outstanding bonds and the principal of such bonds as may mature during that year; the pro- ceeds of the sale of such bonds shall be deposited with the custodian of school moneys of such school district and shall be paid out only on the warrants or orders of the board of education; provided, that the total amount of bonds for the purposes named in this section, including bonds theretofore issued for such purposes, and not 'redeemed, shall not exceed at any one time a sum equal to three per centum of the taxable valuation of the real and personal property in such city; provided, jwrther, that in the case of the repair, reconstruction, rebuilding, or erection and furnishing of a school- house to replace a school-house and furnishings thereof partially or totally destroyed by fire that the total amount of bonds for such purposes, including bonds heretofore issued for the purposes named in this section, and not 'redeemed, shall not exceed at any one time a sum equal to three and one-half per centum of the tax- able valuation of the real and personal property in such city; and provided further, that if the charter of the city shall limit the amount of indebtedness in such city, or shall by its terms prevent the carrying out of the pro- visions of this section, said charter provisions shall be Si a "f er H ot t hereafter held not to apply to the issuing of bonds g?hooi 'bonds under the provisions of this section. This amends section 82, page 36. In every incorporated town school district which has, or shall hereafter have, according to any State or United townf oT i States census, a population of ten thousand or over, and morepopu- which has not adopted the provisions of article six of P. L.' 1912 - , . , . . Chap. 340. the act of which this is a supplement, the mayor or other chief executive officer shall, between the second and fifteenth days of January next after the passage of this act, appoint five persons to be members of the board of education of such district. In making his appoint- Term. ments, the mayor or other chief executive officer shall appoint one person to serve for one year, one person to serve for two years, one person to serve for three years, one person to serve for four years, and one per- son to serve for five years, and annually thereafter, be- tween the second and fifteenth days of January, said mayor or other chief executive officer of such school district shall appoint a member of the said Board of Education to serve for the term of five years to take the place of that member whose term shall expire in such year. Any vacancy in such board of education shall J^ a ^ be forthwith reported by the secretary of said board to the mayor or other chief executive officer, who shall within thirty days thereafter appoint a person to fill such vacancy for the unexpired term. To every such appointee as aforesaid said mayor or other chief execu- tive officer shall issue and deliver a certificate of appoint- Board to ment. The term of office of a member of the board of FebmaVv i education, except a member appointed to fill an unex- pired term, shall begin on the first day of February next succeeding his appointment. The terms of office of all members of boards of education in said districts which District may issue bonds. P. L. 1912. Chap. 399. Description of bonds. Bonded debt limited to three per cent. are affected by this act shall expire on the thirty-first day of January next after the passage of this act. This amends section 86, page 39, so far as the selec- tion of members of a board of education in a town of ten thousand or over is concerned. 97. The legal voters of any township, incorporated town or borough school district may, either at the an- nual meeting of said district or at a special meeting thereof called for that purpose, by the vote of a major- ity of the legal ballots cast, authorize the board of educa- tion to issue bonds of the district for the purpose of pur- chasing or taking and condemning land for school pur- poses, or building a school house or school houses, or making additions, alterations, repairs or improvements in or upon any school house and the lands upon which the same shall be located, and of purchasing school fur- niture and other necessary equipment. Such bonds shall be issued in the corporate name of the district, for such sums and in such amounts and shall be made payable in not more than thirty years from the date thereof, as directed by a majority of the legal ballots cast, with in- terest at a rate not exceeding six per centum per annum, payable half yearly. Said bonds may be fully registered, registered as to principal or coupon bonds (or may be registered and coupon bonds combined), and shall be signed by the president of the board of education and at- tested by the district clerk, shall bear the seal of the district, and if registered as to principal only or coupon bonds they shall have coupons attached for current pay- ment of interest, which coupons shall be signed by the district clerk and shall be numbered to correspond to the several bonds to which they shall be severally at- tached. Bonds so issued shall be numbered and a proper registry thereof shall be kept by the district clerk. Pro- vided, that the total amount of bonds for the purposes named in this section, including bonds theretofore issued for such purposes and not redeemed, shall not exceed at any one time the sum equal to three per centum of the taxable valuation of the real and personal property in such district. Such bonds may be sold at public or pri- sale of vate sale for the best obtainable price, but not less than par. Nothing in this act shall be construed to apply to any bonds authorized to be issued by the legal voters of any school district prior to the passage or approval of this act or the act to which this act is amendatory. This amends section 106, page 54. i. Any teacher, principal or superintendent who shall have been employed in the public school work not less than thirty-five years shall, upon application to the board of education or other body, or by resolution of the board of education or other body by which such teacher, prin- cipal or superintendent shall be employed, be retired from duty on half the average annual salary during the last five years of service; provided, such teacher, prin- cipal or superintendent shall have been employed at least twenty years by the board of education, department or other body by which he or she shall be retired, and the payments to such persons shall be made at the same time and in the same manner as to persons regularly em- ployed. This amends section 130, page 66. Pensions for teachers, principals and sunerin- ( p rov i s o. Public schools shall be . free to all persons over five ARCS of and under twenty years of age, and to such persons over the age of twenty years as the board of education of any school district may deem it wise to offer instruc- tion, who shall be residents of the school district. Non- residents of a school district if otherwise competent, may be admitted to the. schools of said district with the consent of the board of education upon such terms as said board may prescribe; provided, that the authority Proviso. Tuition fees authorized. 10 to charge tuition for non-resident pupils conferred by this section shall not apply to non-resident pupils trans- ferred to any district by an order of the county super- intendent of schools. This amends section 131, page 66. Boards of education to report to county super- intendent. P. L. 1912, Chap. 141. Apportion- ment of school monevs. Amount for supervising- principal or city superin- tendent. 182. The board of education of each school district shall, on or before the fifteenth day of March in each year, certify to the county superintendent of schools for the county in which such school district shall be situate, and on the blanks furnished for that purpose by the Commissioner of Education, the number of teachers, who shall have been employed in the schools of such district for the full time the schools therein shall have been kept open during the then current school year, and the number of teachers who shall have 'been employed in said schools for a portion of said year, but for a period of not less than four months, specifying the grade in which each of such teachers shall have been employed. There shall also be certified as aforesaid the number of pupils who shall have attended a public school in a district other than that in which they reside, and for whom tuition fees shall have been paid by the board of education, specifying the grade in which each of such pupils shall have been enrolled during said year, and also the number of such pupils for whom transpor- tation has been provided, and the cost thereof. The said county superintendent of schools shall, on or before the first day of April in each year, apportion to the several school districts of said county the State school moneys, and the interest of the surplus revenue in the following manner: I. (a) The sum of six hundred dollars to each dis- trict in which there shall have been employed a super- vising principal or city superintendent of schools, who shall have devoted his entire time to the supervsion of the schools in such district, but if two or more districts JI shall have united in employing a supervising principal as aforesaid, the six hundred dollars apportioned for such principal shall be apportioned among said districts in the proportion that the number of teachers employed in each of said districts shall bear to the total number of teachers employed in all of the districts uniting in employing said supervising principal. (b) The sum of five hundred dollars for each teacher employed in a special class for the instruction of blind or deaf children or for children who are three years or more below the normal. (c) The sum of four hundred dollars for each assist- ant superintendent and supervisor, other than the super- vising principal, employed in the district, and permanent teacher employed in a high school or high school de- partment having a full four years' course of study, who shall have been approved by the State Board of Educa- tion. (d) The sum of three hundred dollars for each per- manent teacher employed in a high school or high school department having a full three years' course of study, which shall have been approved by the State Board of Education. (e) The sum of two hundred dollars for each per- manent teacher employed in an ungraded school, or in a kindergarten, primary or grammar department or in a high school department having a course of study of less than three full years, which course of study shall have been approved by the State Board of Education. (f) The sum of eighty dollars for each temporary teacher who shall have been employed for a period of not less than four months. (g) The sum of eighty dollars for each teacher em- ployed in an evening school for the full time such school shall have been maintained; provided, the board of education shall certify that said evening school has been maintained at least four months during the school year Amount for teacher in special classes. Amount for assistant supervisor, superinten- dent and teacher in four-year high school. Amount per teacher in three-year high school. Amount per teacher in other grades. Amount for temporary teacher. Amount per teacher in evening schools. 12 Amount per pupil attend- ing high school in other dis- tricts. Amount per pupil attend- ing schools in other districts below high school grade. 75 per cent, of cost of transporta- tion. Proviso. Teachers in manual train- ing schools not included. preceding that for which the apportionment shall be made; provided, further, if any such teacher shall have been also employed in the day schools of the same dis- trict, the apportionment aforesaid shall be made for such teacher in addition to any amount apportioned for him as teacher in such day schools. (h) The sum of twenty-five dollars for each pupil who shall have attended a high school or high school department in a district other than that in which he resides, and for whom a tuition fee shall be paid by the board of education. (i)' The sum of five dollars for each pupil who shall have attended an ungraded school or a kindergarten, primary or grammar school department, in a district other than that in which he resides, and for whom a tuition fee shall have been paid by the board of educa- tion. (k) Seventy-five per centum of the cost of transpor- tation of pupils to a public school or schools; provided, that, subject to appeal as provided in section ten of the act to which this act is an amendment, the necessity for the transportation and the cost and method thereof shall have been approved by the county superintendent of schools of the county in which the district paying the cost of such transportation is situate. In making such apportionment teachers employed in a manual training school or department in a district receiving an appropriation from the State for such manual training school or department and who shall have devoted at least one-half of the time the schools in said district shall have been kept open to school work other than manual training, shall be regarded as tem- porary teachers only, but no apportionment shall be made for teachers who shall have devoted their entire time to teaching in such manual training school or de- partment. II. He shall apportion to the several school districts A PP ortion- of the county the remainder of said moneys on the basis SSldance- of the total days' attendance of all pupils enrolled in the public schools thereof as ascertained from the last pub- lished report of the Commissioner of Education. For the purpose of such apportionment an attendance upon an evening school shall be counted as one-half day's attendance. If a school in any district shall, on account of contagious disease, destruction of the school-house by fire or otherwise, or for other good reason, be closed, for the purpose of this apportionment, such school shall be deemed to have been in session, and the total days' attendance upon such school for the time it shall have been closed as aforesaid shall be determined by divid- ing the actual total days' attendance of the pupils en- rolled in such school by the number of days such school shall have been actually in session, and multiplying the quotient thus obtained by the number of school days such school shall have been closed. This amends section 205, page 98. 185. The person designated by law as the custodian of Custodian O r the moneys belonging to the municipality in which the pi^ y i' gi , school district shall be situate, or the collector, when Chap ' 2S -- designated by such board of education, shall be the cus- todian of the school moneys of such district, and shall receive such compensation as the board of education of such municipality shall determine which compensation shall be paid by said board of education from the funds of said board and the bonds given by said collector or Bonds of . custodian. other person for the faithful performance of his duty as such officer, shall be held to cover and secure the faithful performance of his duty as custodian of school moneys, and the bondsmen thereon shall be liable there- for; in case the term of office of any such collector or other person shall expire before the close of the school vear, he shall remain and continue to be the custodian Appointment f custodian T>y board of education in certain cases. Report of custodian to board of education. of school moneys until the close of the then current school year, and his bondsmen shall remain and be legally bound -for the faithful performance of his duties as such custodian until the final settlement of his ac- counts ; nothing in this article shall be construed as giv- ing to the township committee, common council or other governing body of any municipality any control over moneys belonging to the school district in the hands of the custodian of the school moneys of said district, but said moneys shall be held by such custodian in trust, and shall be paid out by him only on orders legally issued and signed by the president and district clerk or becretary of the board of education ; any ordinance, by-law or resolu- tion of a township committee, common council or other governing body of any municipality attempting to con- trol such moneys, or which shall in any way prevent the custodian of the school moneys of the school district from paying the orders of the board of education as and when they shall be presented for payment shall be abso- lutely void and of no effect ; whenever any school district shall contain more than one municipality the board of education may appoint a suitable person as custodian of school moneys of said district, and may fix his salary and term of office. Such custodian shall, when requested to do so at any time by the board, render to said board a true and full account of all moneys in his possession, as such custodian up to such time, and of all payments made by him out of said moneys and for what purpose, and shall also, when required by resolution of said board, deposit in any bank or banking institution designated by said board, all moneys then in his hands or thereafter collected or received by him as such custodian; he shall give bonds for the faithful discharge of his duties in such amount and with such sureties as said board shall direct, but such bonds -shall be for a sum not less than the amount apportioned to said district by the county super- intendent of schools ; until the appointment of a cus- 15 todian of school moneys by the board of education, the collector or other person residing in the municipality situate in such school district having the largest amount of taxable property shall be custodian of the school moneys of such district. This amends section 208, page 103. i. For the purpose of encouraging the planting of rb r * shade and forest trees, the second Friday of April in each ( year is hereby designated as a day for the general ob- servance of such purpose, and to be known as Arbor Day. This amends section 262, page 133. 1. In every case of conviction under the provisions of pajd es magis e the act to which this is a supplement, when a fine is im- p p at ;. I9I2t posed, it shall be lawful for the defendant to pay the said fine, together with the costs, to the justice of the peace, police justice or city or town recorder acting as such, before whom such conviction is had; and that such jus- tice of the peace, police justice or city or town recorder acting as such, shall receive the same, and within ten days thereafter, pay the said fine to the custodian of Ma&strate to . deposit fines school moneys of the school district, where such offense with cus- todian of was committed, for the use of the public schools thereof. sch o1 2. The following fees shall be allowed for services under the provisions of this act, which shall be in full of all other fees and charges whatsoever: To the justice of the peace, police justice or city or Fees. town recorder acting as such Drawing complaint, $0.50 Issuing warrant, 0.50 Hearing or trial, 0.50 Conviction, 0.50 To officer for serving process, .... Serving warrant, . .1 0.75 and mileage at the rate of four cents per mile. i6 Serving every subpoena, 0.25 Serving commitment, 0.50 Board of education may insure school property in city insurance fund. P. L. 1912, Chap. 253. Tlates of insurance. Investment of premiums. 1. Where in any city of this State a municipal in- surance fund shall have been or may hereafter be estab- lished and insurance fund commissioners appointed, the board of education of the city school district of such city, in its discretion, may, by resolution, provide that from and after the adoption of such resolution the school buildings and school property of such school dis- trict shall be insured in the municipal insurance fund of the city. 2. The insurance fund commissioners of such city shall have power to fix reasonable rates of premium for all insurance carried on school buildings and school property of the school district by such fund, and the board O'f education shall forthwith pay to the insurance fund commissioners of the city such premium for any insurance carried by such municipal insurance fund on school buildings and school property of such city school district. Whenever, in the discretion of the insurance fund commissioners of such city, they may deem it ex- pedient, they may place insurance on school buildings and school property insured in the municipal insurance fund with insurance companies authorized to do business in this State, and the premiums for such insurance in excess of the rates of premium thereon fixed by the commissioners shall forthwith be paid to the commis- sioners by the board of education of the district. The policies of insurance shall provide that the loss shall be payable to the board of education of the school district. 3. All moneys received by the commissioners for pre- miums on school buildings and school property insured in the municipal insurance fund of the city, except so much as may be necessary to pay premiums upon insur- ance placed upon any of such school buildings and school property with insurance companies as provided in sec- 17 tion two of this act, shall be invested by the commis- sioners with the moneys of the municipal insurance fund and in the manner provided for the investment of such moneys. 4. In case the school buildings and other school prop- erty of the district of any city shall be insured in the municipal insurance fund of such city, as hereinbefore provided, the common council of such city, or other board or body having- control of the finances of such city may, from time to time, if in its judgment advis- able, appropriate additional sums of money to the municipal insurance fund of the city from moneys under its control not otherwise appropriated, or by raising such sums in the tax levy for the years in which they are severally appropriated. 5. Each school building and the contents thereof shall d f be insured in the municipal insurance fund separately building*. and for definite and determined sums respectively, ex- cept where the commissioners shall have insured the same in an insurance company as provided in section two of this act. In case of loss incurred by fire on any building or contents, not insured in an insurance com- pany, if the loss be total, the commissioners shall pay, within sixty days, the whole sum from the municipal insurance fund to the board of education of the district ; if the loss be partial and not total, the sum to be paid shall be fixed and adjusted by a commission of adjust- ment, consisting of a commissioner of the municipal in- surance fund, the president of the board of education of the school district and the chairman of the finance com- mittee of the common council or the president of the board or body of such city having control of the finances. i. Whenever any blind person, who is a citizen of this State, desires to attend any college, university, tech- nical school or professional school, authorized by law to p. u a i*i grant degrees, other than an institution established for i8 Provso. Appropria- tion to assist students. Institution to be in this State. Payments. Reports. the regular instruction of the blind, shall make applica- tion for such purpose to the Commissioner of Education, and be designated by him as a fit person to be received and accepted as a student in any of such institutions, such applicant shall thereupon be entitled to have the aid and assistance hereinafter provided for; provided, that such blind person shall also prove to the satisfaction of said commissioner that he is financially unable to defray the expense, or any part thereof, hereinafter specified. 2. There shall be paid by the State for the use of such student a sum not to exceed two hundred dollars ($200.00) per annum, with which to defray the fee charged by any such institution, and also the further sum of three hundred dollars ($300.00) per annum with which to employ a person or persons to read to such student from text books and pamphlets which shall be necessary for such student to use in connection with the pursuit of his or her studies in the college, university or school where he or she shall be matriculated. 3. It shall be necessary in every case for any such student to receive his or her tuition from a college, uni- versity, technical school, or professional school, estab- lished and located within the State of New Jersey. 4. Any moneys to be paid under the authority of this act shall be paid quarterly, after the beginning of the school year of any college, university, technical or other school, where any blind student shall be matriculated, by the Treasurer of the State, on the warrant of the Comptroller to the treasurer of any such college, uni- versity, technical or other school, upon his presenting an account showing the actual number of blind students matriculated and attending the institution of which he is treasurer, which account shall be verified by the presi- dent of any such institution. 5. It shall be necessary for every college, university, technical or other school in which any blind student is matriculated to furnish to the Comrniissioner of 19 Education a quarterly report showing the progress or status of every such blind student matriculated in such college, university, technical or other school, and in the event that any of said reports shall disclose the fact that any student is unable to keep up with his or her studies and acquire the education provided for by any such college, university, technical or other school, or that any of such students are not taking advantage of the opportunities provided for him or her by the terms of this act, then in each such case, if it shall be the judg- ment of the Commissioner of Education that the aid and assistance offered and provided by this act shall be de- nied and withdrawn from any such student, then the same, on the recommendation and certificate of said Commissioner of Education, shall be withdrawn from any such student and the college, university, technical or other school in which any such student is entered or matriculated shall be notified by the State Comptroller of every such action. 1. No school or institution of learning conducted of within this State shall hereafter confer any degree or ^7^ degrees until the terms and conditions of such degree firms ly n or degrees shall first be submitted to and approved of state Bolrd by the State Board of Education of the State of New L 1912. Chap. 315. Jersey; provided, that nothing in this section contained shall apply to any school or institution of learning which shall have been established and conducted within this State for a period of twenty-five years prior to the passage of this act. 2. Any person or corporation violating any of the Penalty. provisions of this act shall be liable to a penalty of five hundred dollars for each offence, to be recovered in an action of debt by the State Board of Education of the State of New Jersey, such penalty when recovered to be paid into the treasury of this State. 2O Public schools exempt. Board of Education in city may transfer land to city in certain cases for park purposes. P. L. IQI2, Chap. 305. Land, how transferred. Additional Normal School. Controlled by State Board of Education. 3. Nothing in this act contained shall apply to any school or schools conducted under the public school sys- tem of this State. 1. Whenever the board of education in any city of this State has acquired lands for the purpose of erect ing a school building thereon, and shall determine that such lands are undesirable or unnecessary for such pur- pose, it shall be lawful for such board of education to transfer and convey such lands to such city, without any consideration being paid therefor, for use by such city as a public park or playground, and such lands, when so transferred and conveyed, shall thereafter be in the charge and under the control of the board or body having charge and control of the public parks of such city and may be improved by such board or body. 2. No transfer or conveyance of lands shall be made until the board of education shall have adopted a reso- lution declaring the lands no longer desirable or neces- sary for the purpose of erecting a school building there- on and authorizing the conveyance thereof to the city, by deed executed in the name and under the seal of the, board of education, by the president and secretary there- of, and until the board or body having charge of the finances of the city shall have adopted a resolution, ap- proved by the mayor thereof, requesting or approving the conveyance of such lands to such city. 1. There shall be established and maintained an ad- ditional State Normal School for the purpose of train- ing and educating persons in the science of education and art of teaching; the name and title of said school shall be "The New Jersey State Normal School at (here insert the name of the place where said school shall be located)"; tuition in said school shall be free. 2. The State Board of Education shall have control and care of said school in the same manner and to the counties - 21 same extent as said board has control and care of "The New Jersey State Normal Schools." 3. The State Board of Education shall purchase a ^ J as b s e in suitably located site in one of the counties of the first class not having a normjal training school and shall rect thereon a building or buildings for the use of said normal school. 4. The erection and furnishing of said building or buildings shall be done by contract or otherwise, as the said board shall deem for the best interests of the State ; said board may employ architects, superintendents and mechanics, advertise for proposals, make a contract or contracts for the whole or any part of said work, and incur all necessary expenses to carry out the provisions of this act. 5. For the purchase of said site, and the erection and furnishing of said building or buildings, the sum of three hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated ; said sum shall be paid by the State Treasurer on the warrant of the Comptroller of the Treasury, upon the requisitions of Jhe State Board of Education, in such sums as said board may need from time to time for the prosecution of the work herein provided for; provided, that no ex- Proviso. pense shall be incurred or moneys expended as author- ized by this act, nor shall said appropriation become available, until an appropriation therefor shall have been made by the Legislature in the annual appropriation act. 6. The said board shall make to the Legislature at its Report. next session, and at each succeeding session, until said building or buildings shall be completed, a full and de- tailed report of its proceedings and expenditures under this act. Appointment of members i. All appointments of members of boards of educa- education 5 . . ,. . . tt under Chap. tion made under the provisions of an act entitled An 233. P. L. IQII, vah- aCt to amend an act entitled 'An act to establish a thor- dated. ^^ Chap. 272. 22 ough and efficient system of free public schools and to provide for the maintenance, support and management thereof/ approved October nineteenth, one thousand nine hundred and three," approved April twenty-sev- enth, one thousand nine hundred and eleven, are hereby validated and confirmed. A 254101