/ — X"-' I1M UNIVERSITY OF CALIFORNIA LOS ANGELES SCHOOL OF LAW LIBRARY 1914 E 379.14 N548 STACKS si *CKs DISCARD TEACHERS ROOM LOS ANGELES PUBLIC LIBRARY fiwi Jersey - LiojtjttjUh'', ih* NEW JERSEY SCHOOL LAWS AND Rules and Regulations Prescribed by the State Board of Education WITH Decisions by the Commissioner of Education and the State Board of Education AND Notes, Blanks and Forms FOR THE Use and Government of School Officers 1914 PREPARED BY THE COMMISSIONER OF EDUCATION N. A. vlAY ^9'1» 19 14- CONTENTS Pack. Extracts from the State Constitution respecting Public Schools 5 School Law. Article. I. State Board of Education, 7 II. Commissioner of Education, 10 III. County Superintendents, 17 IV. Board of Examiners, 20 V. School Districts, 22 VI. City School Districts, 24 VII. Township, Incorporated Town and Borough School Dis- tricts • 40 VIII. Teachers, 63 IX. Pupils, 71 X. Schoolhouses, Facilities and Accommodations, 76 XI. Union-graded Schools, 79 XII. Kindergartens, 85 XIII. Evening Schools 86 XIV. Textbooks and Supplies, 88 XV. Compulsory Education, 88 XVI. School Fund, 100 XVII. State School Tax, 10.3 XVIII. Custodian of School Moneys, in XIX. State Normal School 114 XX. New Jersey School for the Deaf 116 XXI. Manual Training and Industrial School for Colored Youth, 118 XXII. Manual Training, 119 XXIII. School Libraries 121 XXTV. Teachers' Libraries 122 XXV. Teachers' Retirement Fund 122 XXVI. Salaries of Teachers and Principals 133 XXVII. Miscellaneous, T38 Tmnroper Use of School Moneys, Medical Inspector, etc., 138 Railroad Tax for Schools, 148 Vocational Schools 152 Summer Schools for Teachers, 162 Special Schools for Dependent and Delinnnent Children, t6} State Federation of District Boards* of Education, 166 Miscellaneous Laws. Industrial Schools, etc., 167 Agricultural College, 174 Free Lectures, etc., 178 Qualifying Academic Certificate, etc., i8t State Board of Children's Guardians, 187 Instruction in Preventing Accidents, tqt Rules and Regulations Prescribed by the State Board of Education. Certificates and Examinations, 195 County Superintendents, 218 Teachers' Institutes, 220 Teachers 221 School Attendance, 222 Approval of High Schools, 222 Registration of Private Schools, 225 Medical Inspection, 225 Appeals, 228 )46< Page. Manual Training, 229 Tuition Fees, • 231 Manual Training and Industrial School for Colored Youth, 231 School Buildings, • 232 School Law Decisions of Commissioner of Education and State Board of Education, • 243 Blanks and Forms for School Officers, 371 I. Transfer Certificate, • 374 II. Notice of Institute, 374 III. Certificate of Teachers' Attendance at Institute, 375 IV. Statement of Expenses, 376 V-XI. Orders on County Collectors, 277 XII. Notice to District Clerk that Teacher has Filed Report,.. 380 XIII. Certificate Condemning a Schoolhouse, 380 XIV. Notice to Custodian of Apportionment of Moneys, 381 XV. Appointment of a President or Vice-President, 381 XVI. Notice to Custodian to Withhold Moneys from Teacher, 381 XVII. Notice to Custodian to Withhold Moneys from District, 382 XVIII. Notice to Custodian of Payment of Money and Custodian's Receipt, 383 XIX. Notice of Annual Meeting, 383 XX. Teacher's Contract, 384 XXL Application for State Manual Training Appropriation,. . 386 XXII. Notice for Special District Meeting 386 XXIII. Specifications of Business at District Meeting, 387 XXIV. Order of Business at District Meeting 388 XXV. Order on Custodian for Teachers' Salaries, 388 XXVI. Order on Custodian for Other Purposes than Salaries, .... 389 XXVII. Notice of Election of Board of Education Members, 389 XXVIII. Report of District Clerk as to District School Tax, 390 XXIX. Certificate of Amount of School Tax Voted, 391 XXX. Affidavit to Bills Presented to a Board of Education, .... 392 Calendar for School Elections and Duties, 393 XXXI. Directions for Bonding a District, 395 XXXII. Affidavit of Member of Board of Education 407 XXXIII. Transfer Card, 408 XXXIV. Register Shipping Letter, 408 XXXV. Bond to be Issued for Loan, 409 XXXVI. Notice to Assessor of Amount of Tax to be Raised for Bonds and Interest, 410 XXXVII. Notice to County Superintendent of Tax for Bonds and Interest 411 XXXVIII. Notice of District School Meeting to Members-Elect, 413 XXXIX! Lease, 4L3 XL. Deed of Schoolhouse Site, 414 XLI. Contract for Building Schoolhouse, 415 XLII. Note for Money Borrowed, 416 XL1II. Duties of District Clerk, 416 XLIV. Certificate that Child has Attended School, 417 XLV. Teacher's Report on Leaving Before End of Year, 418 XLVI. Teacher's Report of Suspension of Pupil 418 XLVIL Grade and Progress Study 419 XLVI 1 1. District Clerk's Monthly Report, 420 XLIX. Notice Concerning Disorderly Persons, 421 Application for Approval of Schoolhouse Plans, 421 Compulsory Education Forms, 423 Applications for Retirement, 436 Transportation Contract 438 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 provi- sion 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 appro- priated 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 whatever; the legislature shall provide for the maintenance and support 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) Note. — The black-faced numbers to the sections are for con- venience for reference. The legal numbers of the sections are in brackets. SCHOOL LAW. State Board of Education. 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- ^ a p." ^ 9 j n ' 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 male citizens tl™ U memx£n. 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 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 one year, one for two years, one for Term, three years, one for four years, one for five years, one for six years, one for seven years and one for eight years. Annually thereafter one member shall be appointed by the Governor for a term of eight years. Vacancies shall be vacancy, filled for the unexpired term. A suitable room in the State House at Trenton shall be provided for the use of the board. (7) Appointment. OfflCP. 8 SCHOOL LAW. Meetings. Control of certain State schools. P. L. 1903. Special session. Powers enumerated. ,\ihkc rules for carrying school laws Into effect. Ibid. Utiles for Institutes. Decide appeals. Bules 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. M. 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 Industrial School for Colored Youth. 3. (3.) The State Board of Education shall have power: (a) 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 prescribe rules and regulations for holding teachers' institutes. III. To decide appeals from the decisions of the Com- missioner of Education. IV. To make and enforce rules and regulations for the examination of teachers, and the granting of certificates or licenses to teach. V. 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. VI. Appoint an Inspector of Accounts at a satary 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 several school districts. (a) For other powers see Articles XIX, XX, and XXI and Sections 9, 17, 27, 98, 155, 176, 177. 179, 204, 220, 251, 278, 326, 329, 34s, 347, 354. 356, 360, 362, 382, 383, 387, 39s, 422 and -423. SCHOOL LAW. VII. Prescribe a uniform and simple system of book- keeping for use in all school districts, and compel all school districts to use the same. VIII. Appoint, upon application, a Supervising Prin- cipal over the schools in two or more districts whenever in its opinion it is advisable so to do, and apportion the expense equitably among the districts. IX. 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 maintenance shall not warrant its establishment or continuance. X. Fix rates to be paid by a district for the tuition 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 dis- agreement. XI. Compel the production at such time and place within the State as it may designate of any and all 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 Education or one of his assist- ants 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 refusing to attend or to submit such books, papers and vouchers as he may have been directed to produce. XII. Issue subpoenas signed by its president and secre- tary compelling the attendance of witnesses and the pro- duction 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 or before the Inspector of Accounts or the Inspector of Buildings. System of bookkeeping. Appoint supervising principals. Withhold approval of secondary schools. Fix rates of tuition. Compel attendance of witnesses. Penalty Issue subpoenas. IO SCHOOL LAW. Compensa- tion. P. L. 1003. 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. L. 1911, Cbap. 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, commenc- ing 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, payable 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 education, 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 per- sonal 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- visor of Elementary Education and define his duties, and cause him to devote his entire time during school hours to personal inspection. V. Designate one of such assistants to act as Super- visor of Industrial Education, including agriculture, and define his duties, including agriculture, and to cause him to devote his entire time during school hours to personal in- spection. VI. Designate one of such assistants to hear all con- troversies and disputes which may arise under the school laws or the rules and regulations of the State Board of Education or of the Commissioner of Education, subject, however, to a right of appeal to the State Board of Edu- cation. VII. Ascertain the thoroughness and efficiency of any or all public schools, and of any or all grades in them by such ways and means, tests and examinations, as to him may seem 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 hold- ing them and the rules governing them ; select the superin- tendents, principals and teachers, who shall conduct them, and who shall mark and file such papers and such reports as may be required in the Department of Public Instruc- tion; report to the State Board of Education the results of all tests and examinations and such other information in regard thereto as it may require. Nothing herein con- tained shall impair the right of each district to prescribe its own rules for promotion. Supervisor elementary education. Supervisor of industrial euueation. Designate assistant to hear controversies. Prescribe examinations. P. L. 1912, Chap. 365. 12 SCHOOL LAW. Prescribe course for elementary schools. P. L. 1911, Chap. 231 Meetings oi county and city super- intendents. Withhold school moneys. Report. Trustee of school fund Ibid. Administer oaths. Ibid. Definition of Commissioner of Education. Ibid. VIII. Prescribe a minimum course of study for the elementary schools and for the high schools or for either, 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 at least once in each year for the discussion of school affairs and ways and means of promoting a thorough and efficient system of education. XI. 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, (a) 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 com- mittees, 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 (a) For other powers see sections 27, 98, 120, 122, 134, to 139, i52> 154, 2oo, 204, 205, 220, 261, 277, 281, 284, 323, 326, 330, 344, 347. 393, 4'S, 4i7» 421 and 446. SCHOOL LAW. 13 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 ^Board. shall be taken within thirty days after the Commissioner IbW- 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- office, ment of Public Instruction, shall be provided for him in special the State House at Trenton. The necessary expenses in- curred in the Department of Public Instruction shall be paid in the manner provided by law. 13. (8.) The Commissioner of Education may employ ^j™^. such clerks as he may deem necessary and fix their com- lbid - pensation, which compensation shall be payable monthly on the certificate of the Commissioner of Education; provided, that the compensation of said clerks shall not Proviso, exceed in the aggregate the sum annually appropriated therefor by the Legislature. 14. (9.) The Commissioner of Education shall be the f^E^S Secretary of the State Board of Education, and a mem- "'/member 1 ber, ex-officio, of all boards of examiners. He shall en- of b0 . arda ° r examiners. force all rules and regulations prescribed by the State Ibld - Board of Education. He shall have supervision of all ^schJIou" 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 decide, Decide con- , . ,r- t-« 1 /■ n trov<>rsiPR subject to appeal to the State Board of Education and arising under without cost to the parties, all controversies and disputes ibid. 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 state- ments by the parties thereto, verified by oath or affirma- tion, and accompanied by certified copies of all docun ent necessary to a full understanding •"' "^*r question r J 14 SCHOOL LAW. Keep record of decisions. Ibid. Seal. Appoint county super- intendent to fill vacancy. Ibid. pute, and his decision shall be binding until, upon appeal, a decision thereon shall be given by the State Board of Education, (a) 16. (ii.) 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 an in like manner as the originals. 17. ( I2 -) 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) i. The State Superintendent having been given authority to hear and determine certain matters, his determ nation thereupon has the conclusive quality of a judgment pronounced in a legally created court of limited jurisdiction acting within the bounds of its authority. Thompson v. Board of Education, 28 Vr. 628. 2. There :s 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 inter- pose by mandamus in a controversy cognizable by the special tribunals created by the school laws of this State, where an anneal to such tribunals has not been made. Jefferson v. Board of Education, 35 Vr. 59. See Buren v. Albertson, 25 Vr. 72 ; Stockton v. Board of Edu- cation, 43 Vr. 80. 4. Special tribunals created by the statute have exclusive jurisdic- tion over all controversies arising under such statute, and an action at law cannot be maintained by a public school teacher for the pur- pose 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 In- struction, 27 Vr. 54. The State Superintendent of Public Instruction is authorized by law to decide disputes and controversies as to the election of members of the Board of Education of certa n municipal- ities. Du Four v. State Superintendent, 43 Vr. 371. 5. Certiorari is not the appropriate proceeding to determine the title to an office. Ibid. 6. The court will not review by certiorari the action of a local board of education under the School Law until redress has first been sought in the special tribunals provided by the act. Board of Education of Flemington v. State Board of Education, 52 Vr. 211. 7. Section 10 of the School Law requ ring the Commissioner of Education to dec de disputes under the school law and making his decision binding until a decision is rendered, upon appeal, by the State Board of Education, is not unconstitutional as preventing a resort to quo warranto to test the right to office of a member of a townsh p board of education, since it does not prevent resort to that remedy but only postpones it until after appeal is made to the State Board. Burleiv v. Bozvne, 87 At. Rep. 702. 8. See foot-notes to sections 95, 121 and 149. SCHOOL LAW. 15 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) I fl 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 of the State Board of Education, the Commissioner of Education shall, subject to appeal to the State Board of Education, with- hold 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 Education 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 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 Education. 20. (i5-) 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 Edu- cation relating to his or her duties. Withhold salary from county super- intendent. Ibid. State school moneys with- held for non- performance of duty. Ibid. Withhold salary from teacher. Ibid. i6 SCHOOL LAW. Apportion- ment of school moneys. Ibid. Report* of private schools. Ibid. Proviso Proviso. Furnish blanks to school officers. Ibid. Annual report. Ibid. 21. (16.) The Commissioner of Education shall equi- tably apportion to the several counties the amount appro- priated for the support of public schools from the State School Fund on the basis of the aggregate number of days attendance of all pupils attending the public schools dur- ing the year preceding that for which said apportionment shall be made, and shall furnish to the State Comptroller and to the several County Superintendents 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 County Collector of each county for the amount to which such county shall be entitled. 22. 07-) The superintendent or manager of each' edu- cational 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 Commis- sioner of Education annually, on or before the first day of August, such statistics relating to such institution, seminary, academy or school as said Commissioner of Education may require, and in the manner and form pre- scribed by him ; provided, that no report concerning the expenses or finances of such seminary, academy or private school shall be required ; and provided further, that no report of any seminary, academy or private school shall be published or made public by the Commissioner of Educa- tion. 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 business, and shall distribute the same. 24. (i9-) The Commissioner of Education shall pre- sent to the State Board of Education annually, at its meet- ing in December, a report of the condition of the public schools and of all the educational institutions receiving support or aid from the State. Such report shall contain SCHOOL LAW. 17 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, admin- ister oaths and take affidavits concerning any matter re- lating to the schools. 26. (21.) The Commissioner of Education shall, at the noitver seal, expiration of his term of office, deliver to his successor to successor! his official seal, together with all the property, books, documents, maps, records, reports and other papers be- longing to his office. Oaths and affidavits. Ibid. Article III. COUNTY SUPERINTENDENTS. 27. (22.) The Commissioner of Education shall by and Appointment with the advice and consent of the State Board of Edu- perfntendents. cation, appoint for each county a suitable person to be the chap.' 353.' county superintendent of schools of the county who shall hold 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. Each county superintendent hereafter appointed shall de- vote his entire time to the duties of his office. No person shall be appointed as county superintendent of schools un- less he shall hold the highest teacher's certificate issued in this State and shall have been a rcident of the State for at least three years immediately preceding his appoint- ment, (b) 28. (23.) The yearly salary of a county superintendent of schools shall be three thousand dollars. Such salary shall be paid in equal monthly installments, and the State Comptroller shall, on the order of the Commissioner of Salary of county super- intendents. P. L. 1914, Chap. 231 (a) See section 9. (b) See sections 17, 18. i8 SCHOOL LAW. Expenses paid. Special session, 1903. Proviso. Proviso. Powers of county super- intendent. Ibid. Take affidavits. Issue ordern for school moneys. Supervise schools. Education, draw his warrant for such salary on the State Treasurer in favor of such county superintendent of schools. 29. (24.) A County Superintendent of Schools shall receive, in addition to his salary, the actual expenses in- curred by him in the performance of his official duties, 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 of any County Superintendent of Schools until he shall have furnished to the State Board of Education an itemized statement, cer- tified under oath or affirmation, of the expenses he has incurred, nor unless he shall have, during the period in which such expenses have been incurred, faithfully per- formed all the duties imposed upon him by this act and by the rules and regulations of the State Board of Edu- cation ; 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 affirmations 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 interest of the sur- plus 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 man- agement, methods of instruction and discipline in such schools ; to note the condition of the schoolhouses, 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, SCHOOL LAW. 19 particularly in respect to the construction, heating, ven- tilating and lighting of schoolhouses, and to recommend to boards of education and teachers proper studies, methods, discipline and management for the schools. IV. To appoinl 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, (a) 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 relating to the schools under his supervision as shall be required by said Commissioner of Education. 32. (27-) The superintendents, district clerks and the custodians of school moneys of the several school districts shall annually, on or before the first day of August, re- port to the County Superintendent of Schools, in the manner and form prescribed by the Commissioner of Edu- cation. 33. (28.) Whenever a superintendent of schools shall be appointed in any city school district, the supervision of the schools of such district shall devolve upon such super- intendent and not upon the County Superintendent of Schools. 34. (1.) The Board of Chosen Freeholders of each county of this State shall provide an office of suitably furnished rooms at the county seat for the use of the 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. Appoint members of board of education In certain cases. Annual report. Ibid. Reports of local officers. Ibid. Supervision of city schools. Ibid. Office for county super- intendent. P. L. 1911, Chap. 232. (a) For other powers see sections 40, 44, 97, div. VII, 98, 102, 104, 116, 120, 123, 140, 141. 142, 152, 158, 165, 167, 183, 219, 222, 223, 224, 259, 260, 286, 315 and 331. 20 SCHOOL LAW. Clerk for county super- intendent. Ibid. 35. (2.) A sum not exceeding six hundred dollars shall be appropriated annually by said Board of Chosen Free- holders and paid quarter-yearly to the County Superin- tendent of Schools toward the expenses incurred for a clerical assistant in said office. The clerical assistant shall be selected and appointed by the County Superintendent. Article IV. BOARD OF EXAMINERS. State Board of Examiners. P. L. 1913, Cbap. 251. County ex- aminers. P. L. 1906, p. 681. Qualifica- tions. Vacancies. Duties. 36. (29.) There shall be a State Board of Examiners, consisting of the Commissioner of Education, the prin- cipals of the State Normal Schools, a county superinten- dent of schools and a city superintendent of schools. Said county superintendent of schools and said city superin- tendent of schools shall be appointed by the State Board of Education. The county and city superintendents so appointed shall hold office for one year from date of their respective appointments as aforesaid. Each of the persons so appointed 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 nold examinations of teachers, grant State certifi- cates :o teach and revoke the same under rules and regu- lations prescribed by the State Board of Education. 37. (30.) There may be in each county a County Board of Examiners consisting of the County Superintendent of Schools, who shall be its chairman, and a number of teachers not to exceed three, to be appointed by him, who shall hold office for one year from the date of their re- spective appointments. No person shall be appointed 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 cer- tificates to teach at such times and under such rules and regulations as the State Board of Education may prescribe. SCHOOL LAW. 21 City boards of examiners. P. L. 1912, Chap. 364. It shall meet at such places as may be designated by the chairman. Each member of said board of examiners, ex- S°™ pol " a " cept the County Superintendent of Schools, shall receive for his or her services, in addition 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 compensation shall be paid by the County Collector on the order of the County Super- intendent of Schools; provided, that whenever said board Proviso, shall hold a special examination no compensation therefor shall be paid by the County Collector, but in such case said board may charge each applicant for examination a fee not to exceed two dollars as compensation for services for such examination. 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, proviso 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 Proviso, 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 22 SCHOOL LAW. the board of education of said school district as certifi- cates to teach valid for the schools of such school district. Article V. SCHOOL DISTRICTS. School dis- tricts, how constituted. P. L. 1903, special session. New districts, Ibid. Custodian to certify balance of money. Division of balance. 39. (3 2 -) Each township, city, incorporated town and borough shall be a separate school district, but each incor- porated 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. 40. (33-) Whenever a new school district shall be 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 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 appro- priation, state school tax and interest of the surplus reve- nue on the basis of the aggregate number of days attend- ance of pupils in the public schools as ascertained from the last published report of the Commissioner of Education, and shall divide between said districts that portion of said SCHOOL LAW. 23 balance arising from district 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 edu- cation, 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 obliga- tion of the board of education of the school district which shall have become vested with the title to such property, and upon payment of said indebtedness by the school dis- trict originally liable therefor, an action may be maintained therefor by the board of education 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 indebtedness was originally in- curred, (a) 42. (35-) In case any municipality or any part there- of shall have been annexed to another municipality and 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, Titles to school property. Ibid. Obligations assumed by new district. Assumption of indebted- ness. Ibid. (a) 1. When a new borough is formed and set off from a township and becomes a separate school district, and there is within the limits of the borough a schoolhouse belong ng 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 com- pelled 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. Hcndrickson, 44 Vr. 14. 2. Section 34 of the School Law does not impose upon a new school district erected out of a port'on of the territory of an existing school district, the obligation of a contract with a teacher. Board of Edu- cation of Flemington v. State Board of Education, 52 Vr. 211. 3. See foot-note to section 117. 24 SCHOOL LAW. Rppayment. Ibid. Length of school term. Ibid. Proviso. Proviso. purchase, furnishing or repair of which there shall be an indebtedness for which the board of education of such school district shall be liable, the said indebtedness shall be assumed by and become the obligation 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 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 municipal- ity as aforesaid, which indebtedness shall have been as- sumed 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 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 district 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 fur- ther, that said appropriation and said State school tax shall be apportioned to a new district, or to a district 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. Members of board of education appointed by mayor. P. L. 1M2, Chap. 370. 45. (i-) In every city school district except where the provisions of article seven of the act to which this is a sup- plement have been or shall hereafter be accepted as per- mitted by section two hundred and forty-four of said act (a) and in every township, incorporated town or borough school district in which the provisions of article six of (a) The number of the section refers to that in ( ). SCHOOL LAW. 25 said act have been or shall hereafter be accepted, as per- mitted by section two hundred and forty-three (a) of said act, the board of education shall be appointed by the mayor or other chief executive officer. Said board shall consist of five members, except where the last State or Federal census, at any time of appointment as herein- after provided, shall show a population of forty-five thousand inhabitants or upward in such school district in which case the board shall consist of nine members. Ap- pointments shall be made between the second and fifteenth days of January in each year and terms of office shall begin on the first day of February thereafter. In the case of boards of education consisting of five members, 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 quali- fication 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 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 members, according to the population of the school district, as above provided, and the gradual reduction to the prescribed membership as terms expire, if in any case the existing membership shall be in excess thereof, and that eventually in cases of boards of educa- tion 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 re- ported by the secretary of said board to the mayor or other chief executive officer, who shall, within thirty days Board In dis- tricts with population of less than 4R.000 to have five members; or 4.">, contracts. or for supplies shall be accepted which does not conform iuw. to the specifications furnished therefor, and all contracts shall be awarded to the lowest responsible bidder, (b) (a) 1. The Board of Education, in seeking proposals for a con- tract, may lawfully delegate to a committee of its body the duty of preparing and submitting the specifications for such purpose and of conducting negotiations for the contract ; provided, the proposals and the result of the negotiations are first reported to and considered by the board before final action in awarding the contract. Kraft v. Board of Education, 38 Vr. 512. 2. When a public board, required by legislative enactment to award a bid for public works to the lowest responsible bidder after adver- tisement, allows bidders to furnish "full and complete plans and specifications showing the method of construction" to be approved by the board's architect. Held that all bidders were not made acquainted with the specifications in the r entirety by this method, and that the opportunity to compete, afforded by definite specifications to all bid- ders and to which all could conform was not given. Kay v. Board of Education, 54 Vr. 551. 3. A public board charged with the duty of obtaining bids for public work, after advertisement, and of awarding a contract for it to the lowest responsible bidder will not have discharged its duty in that regard, where, after bids have been received ana opened, but before final act on taken, upon the bids, it agrees with the then lowest bidder to diminish the amount of the work in consideration of a re- duction of the bid. Ibid. 4. The question as to the propriety or fitness of the school site proposed has been committed by the Legislature to the board of edu- cation, and they are respons ble to their constituents for an abuse of the confidence reposed in them. Common Council of Lambertville v. Board of Education, 90 At. Rept. 242. 5. See sections 426 to 431. 6. See foot-notes to sections 79 and 97 div. IV. (b) 1. The provisions of this section compel the board of education to award the contract to the lowest responsible bidder. The board cannot determ'ne against the responsibility of a bidder without giving him notice and an opportunity to be heard. Jacobson v. Board of Education of Elisabeth, 64 At I. Rep. 609. 2. After receiving bids it is not within the power of a board of edu- cation to modify the specifications by om ssions and changes and award a contract to a former bidder, although the lowest, to execute the work according to the revised specifications, although at a price less than the original bid. Scola v. Board of Education of Montclair, 48, Vr. 73 ; also Schwitser v. Board of Education, 50 Vr. 342. 3. See sections 154 and 159. 3° SCHOOL LAW. Annual report. Ibid. May borrow money on notes. Ibid. Secretary ; salary, bond. Ibid. Secretary's power. Ibid. Secretary's duties. Ibid. Secretary to collect moneys. Ibid. 61. (54-) Such board of education shall, as soon as practicable after the close of each school year, cause to be printed and published a report of the condition of the public schools under its charge, of all the property under its control, and an itemized account of the expenditures of the board and of the finances of the district. 62. (55-) Such board may, after the first day of July and before the first day of January, borrow a sum not exceeding one-half of the amount appropriated for the current expenses of the schools and for the repair of schoolhouses under its control, and execute and deliver promissory notes therefor, and pay the amount so bor- rowed, together with interest thereon, at a rate not ex- ceeding six per centum per annum, (a) 63. (56.) A secretary shall be appointed by the ma- jority vote of all the members of the board of education; he shall be paid such salary as said board shall determine, and may be removed by a majority vote of all the mem- bers of said board. He shall, before entering upon the duties of his office, execute and deliver to said board a bond in a sum to be fixed by said board, but not less than two thousand dollars, with surety or sureties to be ap- proved by said board conditioned for the faithful per- formance of the duties of his office. Said board may accept the bond or undertaking of a trust company or surety or indemnity company, and may pay the annual premium or fee therefor as a current expense of said board. 64. (57-) The secretary may appoint and remove clerks in his office, but the number and salaries of such clerks shall be determined by the board of education. 65. (58.) The secretary shall record the proceedings of the board and of its committees, and shall be the cus- todian of all securities, documents, title papers, books of record and other papers belonging to the board under such conditions as said board shall prescribe. 66. (59-) The secretary shall collect tuition fees and other moneys due to the board of education, except (a) See section 320. SCHOOL LAW. 3 1 moneys apportioned by the County Superintendent of Schools or appropriated by the city, and shall deposit with the custodian of the school moneys of the district S c « on8 . all moneys collected by him, and shall render monthly to Ibid - the board of education a report of the receipts during the preceding month. Socrt*tiiry to 67. (60.) The secretary shall be the general account- be general ant of the board of education, and shall preserve in his ?bw. un office all accounts, vouchers and contracts relating to the public schools. He shall examine and audit all accounts and demands against said board. Every such account or demand exceeding in amount the sum of five dollars, ex- cept for salaries, shall be verified bv affidavit, * ' Payment of 68. (61.) No claim or demand shall be audited or claims, paid unless it shall be authorized by law and the rules of the board of education and be fully itemized, nor unless the amount required to pay the same shall have been theretofore appropriated by said board. 69. (62.) All disbursements of the board of education ™**™ B *^ 0W shall be by warrant drawn on the custodian of the school made, moneys of the district, signed by the president of said board and countersigned by the secretary. All warrants drawn in accordance with the provisions of this section, accompanied by itemized statements of the claims or demands that have been drawn, shall be forwarded by said secretary, to the comptroller, auditor or other offi- cer, if there be one, authorized by law to audit claims and demands against the municipality in which such district shall be situate. Said comptroller, auditor or other officer shall be the auditor of the school district, and shall receive such compensation therefor as the common council or other governing body of said munici- pality shall determine, and the bonds given by such Comptroller, auditor or other officer for the faithful per- formance of his duty to such municipality shall be held to cover the performance of his duty as auditor of the school district. Such auditor shall examine and audit j^ned such warrants and statements, with a view to ascertain- ing whether the sum or sums are proper, and if he shall find them to be correct, he shall countersign said war- 32 SCHOOL LAW. If auditor In doubt. Monthly and yearly reports. Ibid. rants and forward them to the city treasurer, who by virtue of his office as city treasurer, shall be the cus- todian of school moneys of said school district, (a) Said auditor shall, whenever he shall deem it to be for the best interests of the school district, examine under oath any person presenting a bill or claim against said school district, and also examine witnesses and investigate by other evidence and inquiry all the facts relating to said claim which in his opinion are necessary to establish the accuracy and good faith of said claim, and to ascertain the school district's liability therefor. If said auditor shall have reason to believe that the claim or demand for which any such warrant shall have been issued is incorrect, or for any cause should not be paid, he shall return such warrant and statement to the secretary of the board of education, with a statement of the reasons why the same should not be paid, and said secretary shall correct such warrant and statement, or present them to the board of education at its next meeting. If said board shall find that the claim or demand for which said warrant was issued is correct and just it shall, by a vote of a majority of all the members of said board, order that it be paid, and said auditor shall, upon receipt of the warrant and statement thereof, together with a statement of the action of the board of education thereon, countersign the warrant and forward it to the custodian of school moneys. Said auditor shall, whenever he shall deem ft necessary, examine all books, papers and vouchers of the board of education, or any officer thereof, and shall have free and unrestrained access to them for that purpose. 70. (63.) The secretary shall report monthly to the board of education the amount for which warrants shall have been drawn during the preceding month, the accounts against which said warrants shall have been drawn and the balance to the credit of each account, and shall, at the close of the fiscal year, make a full itemized report of the finances of the school district. (a) See article XVIII. SCHOOL LAW. 33 71. (64.) Whenever a superintendent of schools shall 5°f e J ( ntend " be appointed, it shall be by a majority vote of all of the g'^ te " members of the board of education. He shall receive such Ibia - salary as said board shall determine, which salary shall not be reduced during his employment. He may be re- moved by a majority vote of all the members of said board. He shall have a seat in said board and the right to speak on all educational matters, but shall not have the right to vote. 72. (65.) The board of education may, on the nomi- Assistant nation of the Superintendent of Schools, appoint assist- trndi-nts. ant superintendents and shall fix their salaries. Assistant superintendents may be removed by a majority vote of all the members of said board. 73. (66.) No person shall hereafter be appointed ?*J!J5?" superintendent of schools, or assistant superintendent [j^" 11 * 8 " under the provisions of this article unless he shall hold a State teacher's certificate. 74. (67.) The Superintendent of Schools shall, when superin- required by the Board of Education, devote himself ex- ibid. eD 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 report 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 determined 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. 75. (^8.) No principal or teacher shall be appointed, Appointment . rl of teachers, transferred or dismissed, nor the amount of his or her ™<* selection . _ 111 °' text-books. salary fixed ; no school term shall be determined, nor shall iwd. any course of study be adopted or altered, nor text-books Annual, report. 34 SCHOOL LAW. Suspensions of principals or teachers. Ibid. Proviso. Business manager. Ibid. Salary. Bond. Duties of business manager. rbtd. Plans of schoolbouses supervised by business manager. Ibid. selected, except by a majority vote of the whole number of members of the board of education, (a) 76. (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, that such action shall be by a majority vote of all the members of said board. 77. (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 as said board shall determine. He shall, before entering 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, conditioned for the faithful performance of the duties of his office. Said board may accept the bond or undertaking of a trust com- pany, surety or indemnity company and may pay the an- nual premium or fee therefor as a current expense of said board. Said business manager may, by a majority vote of all the members of the board of education, be re- moved from office. He shall have a seat in said board, and the right to speak on all matters relating to his de- partment, but shall not have the right to vote. 78. (7 1 -) The business manager shall have charge and care of the public school buildings, and all other property belonging to the school district. He may appoint and re- move clerks in his office, but the number and salaries of such clerks shall be determined by the board of education. 79. (72.) All plans and specifications for the erection, 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 of Education. Said business manager, if there be one, (a) See sections 120 and 130. SCHOOL LAW. 35 Proviso. shall supervise the construction and repair of all school buildings, and shall report monthly to the Board of Edu- cation the progress of the work ; provided, that repairs not exceeding the sum of one hundred dollars may be ordered by the business manager, and repairs not exceed- ing 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 contracts. He shall inspect all inspection, work done and materials or supplies furnished under con- tract, 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 contained in the contract therefor, and shall perform such other duties as may be required by the Board of Education, (a) 80. (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 appointed such member, appointing another of its members to fill such vacancy, (b) Board of school estimate. P. L. 3 907. Chap. 276. • (a) i. The provisions of the Mechanic's Lien law apply to school districts. 7 Dickinson 689. 2. See sections 154 and 155. (b) Where the board of education confirmed the appo'ntment of members of the board of school estimate, the fact that the president of the board named the members :n the first instance does not in- validate their appointment. Common Council of Lambertville v. Hoard of Education, 90 At. Rep. 242. 36 SCHOOL LAW. Secretary. Estimate furnished by board of education. P. L. 1903. Special session. Appropriations determined. Ibid. Certificates. Appropria- tion made. Proviso. Proviso. The Secretary of the Board of Education shall be the Secretary of the Board of School Estimate, but shall receive r.o compensation as such. 81. (74-) On or before the fifteenth day of May in each year, the Board of Education of such city school 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 cur- rent 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 superintendent. 82, (75-) Between the fifteenth day of May and the first day of June in each year said Board of School Esti- 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 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 council, board of finance or other body shall, upon receipt of said notice, appropriate in the same manner as other appro- priations are made by it the amount so certified as afore- said, and said amount shall be assessed, levied and col- lected in the same manner as moneys appropriated for other purposes in such city shall be assessed, levied and collected; provided, that any amount in excess of three- fourths of one per centum of the taxable valuation of the real and personal property 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 taxa- SCHOOL LAW. 37 tion 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 limi- tations shall be hereafter held not to apply to the raising of money under the provisions of this section. 83. (76.) Whenever a city board of education shall decide that it is necessary to raise money for the purchase of lands for school purposes, or for erecting, enlarging, repairing or furnishing a schoolhouse or schoolhouses, 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 pur- 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 sums for such purpose or purposes in the same manner as other appropriations are made by it, and the said sum or sums shall be raised, levied and collected at the same time and in the same manner as moneys appro- priated 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 aforesaid, and may secure the repayment of the sum or sums so } or- rowed, 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 cowncil, 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 Appropriations for lands and buildings. P. L. 1913, Chap. £52. Board of estimate to fix amount of appropriations. May raise umount by issue of bonds. 3* SCHOOL LAW. Sinking fond. Limit of bonded debt. 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 sum 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 proceeds of the sale of such bonds shall be deposited with the cus- todian 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 no amount in excess of three per centum of the taxable valuation of the real and per- sonal property shall be appropriated only with the con- currence and consent of said common council, board of finance or other body expressed by its resolution duly passed ; provided further, that the total amount of bonds for such purposes, including bonds theretofore issued for the purposes named in this section, and not redeemed, shall not exceed at any one time a sum equal to five per centum of the taxable valuation of the real and personal property in such district ; and provided further, that if the charter of the city shall limit the amount of indebt- edness in such city, or shall by its terms prevent the carrying out of the provisions of this section, said charter provisions shall hereafter be held not to apply to the issu- ing of bonds under the provisions of this section, (a) (a) i. A resolution of a board of school estimate fixing and determin- ing the amount of money necessary for the erection of a sc'ioolhouse at the sum of $175,000, "on the condi'ion that a school buildinc con- ta'nin? twenty units shrll be erected," is not such a determination as is required by section 76. Board of Education of Montclair v. Town Counril of Montclair, 47 Vr. 50. 2. Under section 76 of the School law, when the board of school estimate has fixed and determined the amount necessary for the pur- chase of land and *-»rtion of a schoolhouse, it is mandatory upon the SCHOOL LAW. 39 84. (i.) Whenever any township shall have accepted ^^J t h t ' e p e the provisions of Article VI. of the act to which this fJZrl-TZ'. act is a supplement, as provided in section two hundred irry Into t section 7:5-70, T. L. and forty-three of said act, the township committee of J^ 1, Chap - 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, (a) be deemed and taken to be a body having the power to make appropriations of money raised by taxes, and the presi- dent or chairman of such committee shall be deemed and taken to be the chief executive officer of such township. 85. (2.) The township committee of such township, committee tu upon the receipt of the certificate as provided in section assessor seventy-five of the act to which this act is a supplement, by board of shall certify to the assessor and collector of such town- estimate, ship 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 be assessed, levied and collected; provided, that any amount in excess of three-fourths of Pr °* l *>- one per centum of the taxable valuation of the real and personal property shall be assessed, levied and collected only with the concurrence and consent of the township committee. body having the power to make appropriations of money ra'sed 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. 3. 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 hws. and the remed es by appeal to the State Superintendent of Public Instruction and the State Board of Education must be ex- hausted before recourse is had to the courts. Ibid. 4. An appropriation asked for by the board of school estimate for the erection of a public school is not illegal because they discussed the availability of certain s tes as a basis for an appropriation, their estimate not being inseparably conditioned uoon the nurchase of any definite site. Common Council of Lambertville v. Board of Education, 90 At. Rep. 242. (a) The numbers refer to those in ( ). 40 SCHOOL LAW-. Township committee raise amoun for school buildings certified by board of Bchool estimate. Ibid. 86. (3-) The township committee of such township, upon the receipt of the certificate as provided in section seventy-six (a) of the act to which this act is a supple- ment, may certify to the assessor and collector of such township the sum or sums fixed and determined by the Board 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 purposes 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 bor- rowed, 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. Boards of education, how chosen. P. L. 1903. Special session. Yaeancy. 87. (77-) In each township, incorporated town and borough school district, there shall be a board of educa- tion consisting of nine members, except as hereinafter 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, (b) (a) The number refers to that in ( ). (b) See section 91. SCHOOL LAW. 41 Number of trustees may 88. (78.) If the board of education in any school dis trict created under the provisions of this article shall b , L ' {?*$£ deem it for the best interests of the schools that the num- CUb p- m 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 of education shall be reduced to five or three. If it shall be determined at said meeting to reduce the number of members of said board to either five or three, the members of said board then in office shall continue in office for the terms for which they were severally elected, and their successors shall be elected in the manner following: I. If it shall be determined at said meeting tTlat the i' number to be five. number of members of the board of education shall be reduced to five, no election for members of said board shall be held at said meeting. At the next annual school meeting two members of said board shall be elected for the term of three years, and at the second annual school meeting held after the meeting at which it was deter- mined to reduce the number of members of the board of education to five, two members of said board shall be elected for the term of three years and one for the term of one year, and thereafter there shall be elected at each annual school meeting a member or members of said board, in the place of those whose terms shall have ex- pired, who shall hold office for the term of three years. II. If it shall be determined at said meeting that the lt num b er number of members of the board of education shall be t0 be thre *" reduced to three, no election for members of said board shall be held until the second annual school meeting held after the meeting at which it was determined to reduce the number of members of the board to three. At such second annual school meeting there shall be elected three members of said board to serve for one, two and three years respectively, and thereafter one member of said board shall be elected at each annual school meeting, in the place of the member whose term shall have expired, who shall hold office for the term of three years. 42 SCHOOL LAW. numh™ ,B of 8 Whenever a new township, incorporated town or new'Townghip. borough school district shall be created, there shall be etc - held, at the ensuing annual school meeting, an election for members of the board of education. Before pro- ceeding to ballot for such members of the board of edu- cation the legal voters present shall determine whether the board of education shall consist of three, five or nine members. If it shall be determined that the board shall consist of three members, then said legal voters shall elect one member to serve for the term of one year, one for the term of two years, and one for the term of three years. If it shall be determined that the said board shall consist of five members, the said legal voters shall elect one member to serve for the term of one year, two for the term of two years, and two for the term of three years. If it shall be determined that said board shall consist of nine members, said legal voters shall elect three members to serve for the term of one year, three for the term of two years, and three for the term of three years. Annually thereafter there shall be elected a person or persons for the term of three years in the place of the member or members whose terms shall have ex- pired, (a) 89. (79-) An annual meeting for the election of members of the board of education shall be held in each township, incorporated town or borough school district on the third Tuesday in March at a schoolhouse or such other conve- nient public place within the district as may be selected by the board of education. Not less than seven notices of such meeting, specifying the day, time, object and place thereof, shall be posted by the district clerk at least ten days before the date of such meeting; one of such notices shall be posted on each schoolhouse within the district, and at such other public places therein as the Board of Educa- tion of said district shall direct. Any district clerk who shall fail to post notices calling said annual meeting as required by this section shall pay a fine of twenty dollars, to be recovered in a court for the trial of small causes by Annual district meeting. P. L. 1903. Special session. Notice*. Penalty for failure to post notices. (a) See sect'on 91. SCHOOL LAW. 45 any resident of said school district. A plurality of the votes cast shall be sufficient to elect a member of a board of education, (a) 90. (80) All elections for members of such board of ballot. " education shall be by ballot. The polls for such election shall remain open one hour and as much longer as may be necessary to enable the legal voters present to cast their ballots. Said ballots may be printed or written, or partly printed and partly written. In case a member of a board of education is to be elected for a full term, and a member is to be elected to fill an unexpired term, the ballots shall designate which of the persons voted for is to be elected for the full term, and which for the unexpired term. The ^ v ctlon ' chairman of the meeting shall appoint two tellers, who conducted, shall receive and count the ballots in his presence, and said chairman shall announce the result of such election. The secretary of the meeting shall keep a poll-list and record therein the name of each person voting at such election, and shall also keep a tally-sheet of the votes as counted by the tellers. The tally-sheet shall be signed by election and the chairman and tellers, and said tally-sheet, poll-list and f u-po»ite«i ballots shall be placed by the secretary in a sealed package ruperintend- indorsed with the name of the district, the name of the county in which said district shall be situate, and the date on which said election shall have been held, and said pack- age, together with a statement of the result of said elec- tion signed by the chairman and secretary, shall be, by said secretary, forwarded to the County Superintendent of Schools within five days after the date of such election and the same shall be preserved for one year. 91. (1.) In every incorporated town school district * f pr '^ i "*™ en t f which has, or shall hereafter have, according to any State education i D & J towns of or United States census, a population of ten thousand or ] o.ooo ° r more popu- over, and which has not adopted the provisions of article lation. six of the act of which this is a supplement, the mayor or Chap. 340. other chief executive officer shall, between the second and (a) 1. School trustees are officers within article 2, paragraph 1 of the constitution, so that, if they are made elective by the neonle, only male citizens can vote for them. State v. Deshler, 1 Dutcher 177 ', Kimbnll v. Hendee, 28 Vr. 307. 2. See section 91. 44 SCHOOL LAW. Term. Vacancy; how filled. Board to organta Kot>ruary 1st. Two ballot- boxes In certain casei. P. L. 1903. Special session. QuaUflcatlons of voters at •ehool mpetinga. Ibid. fifteenth day? 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 appointments, 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 person to serve for five years, and annually thereafter, between the second and fifteenth days of January, said mayor or other chief executive of- ficer 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 edu- cation 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 ap- pointee as aforesaid said mayor or other chief executive officer shall issue and deliver a certificate of 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 February next succeeding his ap- pointment. The terms of office of all members of boards of education in said districts which are affected by this act shall expire on the thirty-first day of January next after the passage of this act. 92. (8i.) At any annual meeting when the question of raising a tax. the issuing of bonds, or the establishing of a union graded school is to be voted on, two ballot-boxes shall be provided, and two tellers shall be appointed for each box. One of said boxes shall be used to receive the ballots for members of the board of education and the other to receive the ballots for the other objects enumerated in this section. 93. (82-) Every- male citizen of the United States who shall have the qualifications required for electors for the General Assembly of the State of Xew Jersey, shall have the right to vote at such meeting. Even,* female citizen of the L'nited States of the age of twenty-one years and possessing the qualifications respecting residence required SCHOOL LAW. 45 of male voters, shall have the right to vote at any annual or special school meeting of the legal voters of said school district for any purpose other than the election of mem- bers of the board of education, (a) 94. (83.) A member of a board of education shall be a citizen and resident of ]the territory contained in said school district, and shall have been such citizen and resi- dent 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, di- rectly or indirectly, in any contract with nor claim against said board. 95. (84.) Each board of education elected as provided in this article shall be a body corporate, and shall be known as and called "the Board of Education of the (township, town or borough, as the case may be) of , in the county of __ " The title to school property, real and personal, previously acquired by a school district acting under the provisions of this article, or by any school district, board of education, school trustees or other body heretofore having charge and control of the public schools situate in the territory now contained in such school district, or in any part thereof, and the title to all lands, buildings and other property hereafter acquired for school purposes in said school district shall vest in the board of education incor- porated under the provisions of this section, (b) 96. (85.) Each board of education created under the provisions of this article shall organize annually on the first Monday in April by the election of one of its mem- bers as president and another as vice-president. A presi- dent or vice-president who refuses to perform any duty imposed upon him by this act may be removed by the Qaaliflca- «.f rcicil^ rt of board of p<\ d nation. Ibid. Corporate name. P. L. 1909, Cbap. 174. Title to property v>-s r <-'! in school board. Organization of school boa -1. P. L. 1907, p. 283. (a) Women may vote at school meetings for all purposes except the election of officers. Landis v. School District, etc., 28 Vr. 509 ; Chamberlain v. Crartbury, 28 Vr. 605. See foot-note to section 89. (bo. 1. A certiorari is not proner'v used to brir? up t^e certiflcafe of the name, etc., of a school district to enable the court to decide on the legal existence of such corporation. Stat? v. Van IVirkle. 1 Dutchcr 73; State v. Donahay, 1 Vr. 404; State v. Brown, 2 Vr. 355. 2. See sect ons 364 to 369. 46 SCHOOL LAW. Failure to organize. Vacancies. Oath. Powers of district boards. P. L. 1913. Special session. Appointment to All vacancy (see section 30, division IV.). Employ teachers, etc. Make rales. majority vote of all the members of the board. If said board shall fail to organize on said day, the County Super- intendent of Schools shall appoint, from among said mem- bers, a president and a vice-president. In case the office of president or vice-president shall become vacant, the Board of Education shall, within thirty days thereafter, fill such vacancy for the unexpired term; and if it shall fail to fill said vacancy within the said thirty days, the County Superintendent of Schools shall fill such vacancy for the unexpired term. 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 in this article, and that he will faithfully discharge the duties of his said office. Said oath shall be filed with the district clerk of said board, (a) 97. (86.) The Board of Education shall have power; I. To appoint a person to fill a vacancy in the Board of Education, except a vacancy caused by a failure to elect, but the person so appointed shall serve only until the next election for members of the Board of Educa- tion, (b) II. To employ and dismiss principals, teachers, janitors, mechanics and laborers, and to fix, alter and order paid their salaries and compensation. III. To 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 (a) When a person who is elected to an office is required, before entering upon the discharge of the duties thereof, to take and sub- scribe an oath of a specified form, the taking of the oath essentially in that form is a condition precedent to his complete investiture into the office, and, in contemplation of law, is just as much a requisite to its enjoyment as the election itself. Hayter v. Benner, 38 Vr. 359. (b) 1. The office of trustee is not vacated by an unaccepted resig- nation. Tozcnsend v. School Trustees, etc., 12 Vr. 312. 2. The general rule applicable to all public offices is that a resig- nation of office does not become complete until presented to the proper authority and accepted by it. In the absence of any specific rule prescribing to what authority a res gnation must be presented, the proper authority to accept a resignation is that which has power to fill the vacancy. Fryer v. Norton, 38 Vr. 537. 3. See sections 30, div. IV, and 278. SCHOOL LAW. 47 own government, for the transaction of business, and for the government and management of the public schools and the public school property in said district, and also for the employment and discharge of principals and teachers, (a) IV. To purchase, sell and improve school grounds ; to erect, lease, enlarge, improve, repair or furnish school buildings, and to borrow money therefor with or without mortgage; (b) provided, that for any such act it shall have the previous authority of a vote of the legal voters of the district. V. To take and condemn land and other property for school purposes in the manner provided by law regulat- ing the ascertainment and payment of compensation for property condemned and taken for public use. If either party shall feel aggrieved by any proceedings and award thereunder, said party may appeal in the manner pro- vided by law for appeals from such proceedings and award ; provided, that before beginning any proceedings for taking and condemning land and other property, the Board of Education shall have the authority of a vote of the legal voters of the district, (c) VI. To insure school buildings, furniture and other school property, and to receive, lease and hold in trust for the district any and all real or personal property for the benefit of the schools thereof. VII. To enforce the rules and regulations prescribed by the State Board of Education, select the text-books, and, in connection with the County Superintendent of Schools, to prescribe the course of study to be pursued in the school or schools under its charge. VIII. To suspend or expel pupils from school. Purchase, sell or lease school-hoosrn Proviso. Condemn land for school purposes. Proviso. Insure school property. Select text- books and prescribe course of study. Expel pupil* (a) See sections 120, 121, 130. 132, 310, 311, 312, 313 and 314. (b) 1. A board of education, in seeking proposals for a contract to supply school furniture may lawfully delegate to a committee of its body the duty of preparing and submitting the specifications for such purpose, and of conducting negotiations for the contract ; provided the proposals and the result of the negotiations are first reported to and considered by the board before final action in awarding the con- tract. Kraft v. Board of Education, 38 Vr. 512. 2. See sections 279, 290 and 426 to 431. (c) A vote of a majority of legal voters authorizing a board of educat : on to purchase school grounds, does not empower the board to condemn land for school purposes. Fuller v. Chatham, 49 l/r. 107. 48 SCHOOL LAW. Pro Tide text-books. Call special meetings of legal voters. Use of school- houses for other than school pur- poses per- mitted. P. L. 1913, t_~.ap. 309. IX. To provide text-books and other necessary school supplies. X. To call a special meeting of the legal voters of the district at any time when in its judgment the interests of the school require it. or whenever fifty of such legal voters shall request it by petition so to do. In the notices of any special meeting, called upon petition as aforesaid, shall be inserted the purposes named in said petition so far as the same are not in conflict with the provisions of this act. No business shall be transacted at any special meeting except as shall have been set forth in the notices by which said meeting was called. Special meetings shall be called in the manner provided for calling the annual meetings, (a) XL (i.) The board of education of any school district may, subject to reasonable regulations to be adopted by said board, permit the use of any schoolhouse and rooms therein, and the grounds and other property of the dis- trict, when not in use for school purposes, for any of the following purposes : (a) By persons assembling therein for the purpose of giving and receiving instruction in any branch of education, learning or the arts ; (b) For public library purposes or as stations of public libraries ; (c) For holding social, civil and recreational meetings and entertainments and such other purposes as miy be approved by the board of education ; (a) i. Special meetngs of the voters must be called by the board of trustees regularly convened. Bogert v. Trustees, etc., 14 Vr. 358. 2. Notices of a special school meeting to raise special school taxes should be put up at least ten days before the time of meeting. Davis v. Rapp, 14 Vr. 594; Canda Manufacturing Co. v. Woodbridge, 29 Vr. 134. 3. A special meeting of the legal voters of a school district, duly called, may vote to raise money for school purposes, although such appropriat on has been refused at the annual meeting. State v. Lczcis, 6 Vr. 277 '< Stanton v. Board of Education. 39 Vr. 496. 4. A special meeting of a school district can vote to raise money to build a schoolhouse, although a similar prooosition had been re- jected at a previous special meeting held in the same year. Stack- house v. Clark, 23 Vr. 291. 5. A notice that the object of the meet'ng is to purchase a school- house will not warrant a resolution to pay for a schoolhouse already built. Lamb v. Hurff, 9 Vr. 310. SCHOOL LAW. 49 (d) For meetings, entertainments, and occasions where admission fees are charged; (e) For polling places, for holding elections, and for the registration of voters, and for holding political meet- ings. Any action taken by a board of education under the provisions of this act shall be subject to appeal to the Commissioner of Education, as provided in section ten of the act to which this act is a supplement. XII. To adopt an official seal by which all its official seal, acts may be authenticated. XIII. To make an annual report to the County Super- Annual report intendent of Schools on or before the first day of August in the manner and form prescribed by the Commissioner of Education. XIV. To borrow, after the first day of ]uly and before Borrow . .. money. the first day of January, a sum not exceeding one-half of the amount appropriated for the current expenses of the schools and for the repair of schoolhouses under its. control, and to execute and deliver promissory notes therefor, and to pay the amount so borrowed, together with interest thereon, at a rate not exceeding six per centum per annum, (a) 98. (87-) A board of education may, under such rules s £P e ^ v,8iB * and regulations as shall be prescribed by the State Board ?• l- wob. b \ J m Chap. 170. of Education, appoint a suitable person as Supervising Principal of Schools, define his duties and fix his salary; provided, that no person shall be appointed Supervising proviso. Principal unless he or she shall hold either a State or first-grade county certificate (and provided further that), . nor until the necessity for the appointment of a Supervis- ing Principal shall have been authorized in writing by the County Superintendent of Schools, and approved by the Commissioner of Education and the State Board of Edu- cation. The County Superintendent of Schools in making Minimum his annual apportionment of school moneys shall not ap- sa ary ' portion the amount allowed by law for a Supervising Principal unless the salary paid to such Supervising Prin- (a) See sections 277 and 320. ; SCHOOL LAW. Joint district supervisor. Majority rote required in certain oases. P. L. 1903. Special tension. Secular meetings. itemized bills. tbUL Pnrrlao cipal shall amount, at least, to the sum of one thousand dollars per annum. The boards of education of two or more districts may unite in employing a Supervising Prin- cipal. The terms of all Supervising Principals now in office shall end on June thirtieth next after the passage of this act, and none shall hereafter be appointed except in the manner provided by this act. (a) 99. (88.) Xo principal or teacher shall be appointed, transferred or dismissed, nor the amount of his 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 (b) 100. (89.) The Board of Education of every school district elected under the provisions of this article shall meet for the transaction of business at least once in two months during the period that the schools in said district shall be in session. Xo contract shall be entered into by a board of education, nor shall any bill or demand for money against said board be paid until the same shall have been presented and passed on at a regularly called meeting of the board, (c) 101. (90.) It shall be unlawful for any board of educa- tion to order paid out of the school moneys under its con- trol any money for school supplies, books, maps, charts, globes, fuel, erecting, enlarging, repairing, furnishing or improving school buildings and grounds, unless the person claiming said money shall first present to said board an itemized bill showing the name of the person to whom the amount of such bill is due; provided, that the district clerk, whenever authorized by said board, may purchase such supplies for the school or schools under its control, and shall present an itemized bill of the Same with his (a) See section 3, div. VIII. (b) See foot-note to sections 120. 121, i.^o and 132. (c) By force of the Sc-th section of the School Law a contract for a heating apparatus to be installed in a schoolhouse can be entered into by a board of education only when the same has been presented and passed upon by the board at a regularly called meeting: : t is not competent for the board to abdicate this duty by delegating to its president and clerk authority to enter into such a contract on it9 behalf. American Heating and Ventilating Co. v. Board of Education. 52 Vr. 42:,. SCHOOL LAW 5i affidavit attached, which bill shall be acted on and paid as other bills are paid. Every person presenting any such bill exceeding in amount the sum of five dollars, shall make an affidavit that the goods or services itemized in said bill have been delivered or rendered, and that no bonus nor reward has been given or received by any per- son with the knowledge of the deponent in connection with the claim, and that said bill is correct and true. The district clerk is hereby authorized to take said affidavit without cost. 102. (91-) Every board of education organized un- der the provisions of this article shall, by the majority vote of all the members of such board, appoint a district clerk, who may be elected from among said members, and shall fix his compensation and term of employment. Said district clerk, as such, may be removed by a ma- jority vote of all the members of said board. He shall, before entering upon the duties of his office, execute and deliver to said board a bond in a sum to be fixed by said board, with surety or sureties to be approved by said board, conditioned for the faithful performance of the duties of his office. Said board may accept the bond or undertaking of a trust company, or surety or indemnity company, and may pay the annual premium or fee therefor as a current expense of said board. He shall record in a suitable book all proceedings of the Board of Education, of the annual school meetings and of special school meet- ings. He shall pay out by orders on the custodian of the school moneys of the school district, and in the manner prescribed by law, all school moneys of the district. He shall keep a correct and detailed account of all the expen- ditures of school moneys in the district, and shall report to the board at each regular meeting the amount for which warrants shall have been drawn since the date of his last report, the accounts against which said warrants shall have been drawn, and the balance to the credit of each ac- count. At each annual school meeting he shall present his record books and his accounts for public inspection, and shall make a statement of the financial condition of the district. He shall post notices of the annual and of Aftidarlt to bill*. District cli-rk. P. L. 1909. Chap. 11. Bond Kecords, duties, ete. Annual report. Further duties. 52 SCHOOL LAW. Wheo balance nalnry paid. Member removed for non-attend- ance. P. L. 1903, Special session. Semi-annual meetings of boards of education. Ibid. Right t. sue. etc Ibid. • any special meeting of the legal voters, and shall insert in said notices the object or objects for which said meet ing shall be called; shall notify all members of the Board of Education of all regular and special meetings of the board, and during the month of July in each year he shall present to the Board of Education a detailed report of the financial transactions of the board during the pre- ceding school year, and file a copy thereof with the County Superintendent of Schools. The warrant or order for the balance of salary due a district clerk at the close of the school year shall not be delivered to him until written notice has been received from the County Superintendent that such district clerk has filed with him such annual report, (a) 103. (9 2 -) A member of a board of education elected under the provisions of this article who shall fail to attend three consecutive regular meetings of said board, without good cause, may be removed by said board, and the vacancy thus created shall be filled in the same man- ner as other vacancies in the Board of Education shall be filled. 104. (93-) The boards of education in the several school districts in each county organized under the pro- visions of this article, shall meet together semi-annually at such time and places as the County Superintendent of Schools shall appoint. 105. (94-) A board of education may, in its corporate capacity, sue and be sued, complain and defend in any court of law and equity, and employ counsel therefor, and the amount of the expense incurred by said board in conducting or defending any such suit shall be certi- fied to the assessor by the president and district clerk of such board, and said amount shall be assessed and col- (a) i. An order of the district clerk which specifies the object for which it was given, without any designation of the yearly taxes out of which it shall be payable, is a sufficient voucher for the township collector. Zimmermann v. Mathe, 20 Vr. 45. 2. The township collector pay ng out school moneys on statutory orders is not responsible for the application the school trustees have made of the money. Ibid. SCHOOL LAW. 53 lected in the next annual tax levy, (a) 106. (05.) The legal voters (b) of each township, in- corporated town or borough school district may, at any fo l r s M hooi * annual or special meeting of said legal voters, by the ['"T.^Toio. vote of a majority of those present, raise by a special thap ' 242 " district tax such sum or sums as a majority of said legal voters present at such meeting may agree upon for any or all of the following purposes : To enable the Board enumerated, of Education to purchase or take and condemn land for school purposes; to build, enlarge, repair or furnish a schoolhouse, or to pay a debt incurred therefor; for in- dustrial schools, for manual training, and for the current expenses (c) of the schools, in which term shall be in- eluded principals', teachers', janitors' and medical in- spectors' salaries, fuel, text-books, school supplies, flags, transportation of pupils, tuition of pupils attending schools in other districts with the consent of the Board of Educa- tion, school libraries, compensation of the district clerk, of the custodian of the school moneys and of truant officers, truant schools, insurance and the incidental expenses of the schools. In case any money shall be ordered to be raised by special tax, the district clerk shall make out and sign a certificate thereof, (d) under oath or affirmation, (a) 1. An action against a municipal corporation cannot be brought in the court for the trial of small causes. Princeton v. Mount, 5 Dutcher 299: Townsend v. School Trustees, etc., 12 Vr. 312; School Trustees v. Stockcr. 13 Vr. 115. 2. The action must be brought against the district by its corporate name, and not against the trustees in their individual names, with the description appended of trustees, etc. Sproul v. Smith, 11 Vr. 314. (b) For defin tion of "legal voters" see section 93. (c) The phrase "current expenses" or "running expenses" is suf- ficiently definite to denote one of the purposes for which a school tax is to be levied. Stanton v. Board of Education, 39 Vr. 496. (d) 1. To sustain an assessment ordered by the inhabitants of a school district called together for that purpose, the proof must be clear that ten days' lesal notice of the time, place and purpose of such meeting was given. State v. Van Winkle, 1 Dutcher 73. 2. Where an assessment of a tax for the purpose of building a schoolhouse is ordered, the sworn certificate statine that the notice of the meeting was eiven "in accordance with the act" is not sufficient. The certificate should state what the not : ce was. when and where put un. and all the fncts necessary to show that the law hns been com- plied with. State v. Hardcaslle, 2 Dutcher 143 ; 3 Dutcher 551 ; Cochran v. Garrabravt. 3 Vr. 444; Banghart v. Sullivan. 7 Vr. 89; Trustees, etc., v. Padden, 15 Vr. 151 ; Quaid v. Trustees, etc., 20 Vr. 60-7. 3. When a meeting of the inhabitants of a school district is held 54 SCHOOL LAW. Time for payment to custodian. ProrlBo. 'riitlsn. that the same is correct and true, and deliver the same to the Board of Taxation of the county in which such school district shall be situate, on or before the third Tuesday in August in each year, and shall send a duplicate of said certificate to the County Superintendent of Schools. The assessor of any taxing district shall assess on the inhab- itants of the school district and their estates, and the tax- able property therein, in the same manner as other taxes shall be assessed, and the collector of such taxing district shall levy and collect such sum of money as shall have been ordered to be raised by the legal voters in the manner aforesaid, and shall pay the same to the custodian of the school moneys of the school district as is in this act pro- vided, and for collecting said tax, said collector, except such as receive a salary in lieu of fees, shall receive an amount equal to three-fourths of one per centum of the amount of said tax collected by him, said compensation to be paid by the township committee or other governing body of the municipality wherein said tax shall be col- lected. Said collector shall pay to said custodian, on or before the twenty-second day of December in each year, the full amount of said tax out of any moneys in his hands, except moneys received from the County Collector on the order of the County Superintendent of Schools; provided, that when there shall be no funds in the hands of said collector available for such purpose, the township com- mittee, common council or other body having control of the finances of the municipality in which such school dis- trict shall be situate, shall borrow and appropriate a sum sufficient for such purpose; provided further, that when any meeting shall be held as aforesaid it shall not be law and money voted to be raised by taxation at a specia-1 meeting, the previous act'on of the trustees in calling the meeting should appear in the certificate of the clerk to the assessor. Lamb v. Hurff, 9 Vr. 310. 4. It is essential to the validity of the certificate of the district clerk that it set forth that due notice has been given of the amount proposed to be raised at the district meeting. It is also necessary that it appear by the certificate that the meeting was ordered by the trustees. Slack v. Palmer, 10 Vr. 250. 5. The certificate of the district clerk must show how the amount ordered to be raised was apportioned by the legal voters. Corriga* v. Duryea, 11 Vr. 266; Trustees, etc., v. Padden, 15 Vr. 151. SCHOOL LAW. 55 ful for such meeting to order a greater sum of money raised by special tax than shall have been mentioned and designated in the notices calling such meeting, (a) 107. (96.) At any annual or special meeting when money shall be ordered raised for school purposes by a special district tax or by the issue of bonds, the legal voters shall vote by ballot. The chairman of the meeting shall appoint two tellers, who shall receive and count the ballots in his presence. The secretary of the meeting shall keep a poll-list and shall record therein the name of each person voting, and shall also keep a tally-sheet of the votes as counted. The tally-sheet shall be signed by the chairman and tellers, and said tally-sheet, poll-list and ballots shall be placed by the secretary in a sealed package, indorsed with the name of the district, the name of the county in which the district shall be situate, and the date on which said election shall have been held, and said package, together with a statement of the results of such election, signed by the chairman and secretary, shall, within five days after the date of said meeting, be forwarded by said secretary to the County Superin- tendent of Schools, and the same shall be preserved by him for one year. 108. (97-) The legal voters of any school district incor- porated as provided in section eighty-four (b) of the act (a) 1. Under the statutes of this State, school districts are polifca] organizations possessing the power of taxation. Landis v. School District, etc.. 28 Vr. 509. 2. School taxes must be assessed upon the same property and in the same manner as all other taxes. Roll v. Perrine, 5 Vr. 254. 3. School taxes illegally assessed will be set aside by certiorari by the persons aggrieved. State v. Browning, 3 Dutcher 527 ; 4 Dutcher 556. 4. The resolution passed at the district meeting must direct the particular purpose for which the money is to be raised, which must be one of the purposes mentioned in the act and must be stated in the notices. If money is voted for more than one purpose, the resolu- tion must specify the amount apportioned to each. Cochran v. Gar- rabrant, 3 Vr. 444 ; Banghart v. Siillivan, 7 Vr. 89 : Lorrigan v. Duryea, 11 Vr. 266; Schomp v. Cole, 22 Vr. 277. 5. A resolution to raise a single sum for building and furnishing a schooJhouse is not bad for uncertainty, because the amount to be used for bu lding and the amount for furnishing are not separately stated. Stackhoitse v. Clark, 23 Vr. 291. 6. A resolution to sell an old schoolhouse passed at the same meet- ing that it was resolved to raise money to build a new schoolhouse is illegal because no notice was given that the former would be a sub- ject for consideration at the meeting. Ibid. (b) The number refers to that in ( ). Vote to b« by ballot. P. L. 190S. Special seffilfii Election, htcw conducted. Report to county su- perintendent. Bonds for lands and buildings. P. L. 1913 Chap. 68 SCHOOL LAW. to which this act is an amendment may, either at the annual 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 purpose of pur- chasing or taking and condemning land for school pur- poses, or building a schoolhouse or schoolhouses, or making additions, alterations, repairs or improvements in or upon any schoolhouse and the lands upon which the same shall be located, and of purchasing school furniture and other necessary equipment. Such bonds shall be issued in the corporate name of the district, for such sums and in such amounts and payable at such times, but not more than thirty years from date thereof, as directed by a majority of the legal ballots cast, with interest at a rate not ex- ceeding six per centum per annum, payable half yearly. Said bonds may be registered or coupon bonds or may be registered and coupon bonds combined, and shall be signed by the president of the board of education and attested by the district clerk; shall bear the seal of the district, and in the case of coupon bonds, shall have coupons at- tached for current payment 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 severally be attached. Bonds so issued shall be numbered and a proper registry thereof shall be kept by the district clerk. Such bonds may be sold at public or private sale for the best obtainable price, but not less than par. (a) (a) i. It is necessary that it shall clearly and unequivocally appear upon the face of the proceed ngs for the issue of bonds of a school district, that the bonds are to be issued only for "purposes which the statute authorizes them to be issued for. Chamberlain v. Cranbury, 29 Vr. 347. 2. Bonds issued by school districts are not mere mortgages, but are evidences of legal debts of the districts issuing them. McCully v. Board of Education, etc., 34 Vr. 18. 3. A bank agreed in wrting to purchase school bonds to be issued and to pay for them "on or about the time of the signing of the con- tracts for the construction of a school building about to be erectea on W street on the site known as the K site," said site was that authorized and described in the preliminary proceed ners and special election required by law which had been approved by the Attorney- General as complying with the statutory requirements. Subsequently the site was abandoned, another chosen, and bonds issued based on a second election describing such new s'te. It did not appear that these later proceedings were approved by the Attorney-General. Held. SCHOOL LAW. 57 109. (93.) Whenever bonds shall have been legally £ c n n d e a wal " f issued by any township, incorporated town or borough Ibld - school district, and the same shall be due and unpaid or outstanding, the Board of Education of such district, when authorized so to do by the legal voters thereof at an annual meeting of said district, or at a special meet- ing thereof called to act thereon, shall have power to renew such outstanding bonds or any part thereof by the issuing of new bonds for that purpose, in the name and under the seal of said district. Such bonds shall be in the general form of the bonds theretofore issued by said district, shall be signed by the president of the Board of Education and attested by the district clerk, shall bear the seal of the district, shall bear interest at a rate not exceeding six per centum per annum, and shall be issued for such sums and in such amounts and payable at such times as the legal voters at such meeting shall direct. Such bonds shall have coupons attached for current pay- ment of interest, (a) 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 attached. Bonds so issued shall be numbered and a proper registry thereof kept by said district clerk. They may be sold at public or private sale for the best obtainable price, but not less than par, and the money realized from such sale shall be applied to the taking up and cancellation of such out- standing bonds ; or said renewal bonds may be exchanged for such outstanding bonds on an equal basis of principal and interest, and the bonds so redeemed shall be forthwith cancelled by the Board of Education of said district, (b) 110. (99-) Bonds of any school district issued under the provisions of this article shall be a lien upon the real on an property In that the bonds issued under such latter proceedings were not a com- districts. pliance with the contract. Bank of Bergen Co. v. Board of Educa- Ibld " Hon, 55 Vr. 694. 4. When a board of education, with authority to issue bonds, at a regularly called meeting resolved that the president and distr ct clerk be authorized and directed to execute the bonds, such resolution con- ferred complete authority on the president and clerk and bonds is- sued by them pursuant to such authority were validly executed. Linbarger v. Board of Education, 85 At. Rep. 235. (a) See sections 299 and 300. (b) See sections 299, 300 and 301. 58 SCHOOL LAW Proceedings to be approved by n.ttorney- general Notice to assessor. Ibid Collertiou of tax to pay bonds and interest. Cancellation of bonds. Ibid. estate situate in said district, and the personal estates of the inhabitants of the said district, as well as the property of said district, and said estates and property, shall be liable for the payment of the same. Whenever bonds shall be authorized to be issued by any school dis- trict as aforesaid, the district clerk shall transmit certified copies of the record of the proceedings authorizing the issuing of such bonds to the Attorney-General for his ap- proval of the legality of said proceedings, and duplicate copies of such record shall be filed with the Commissioner of Education. 111. (ioo.) Whenever a township, incorporated town or borough school district shall have ordered and author- ized the issue of bonds and the same shall have been issued, the district clerk shall, each and every year, issue to the assessor of the taxing district in which such school district shall be situate, an order directing him to assess upon the owners of property in said taxing district and their estates, and the taxable property therein, an amount sufficient to pay the bond or bonds maturing in such year, together with the interest accruing upon all the un- paid bonds of such district, which order so issued as afore- said shall be duly executed by said assessor. The moneys so assessed shall be levied and collected by the collector of said taxing district, who shall on or before the fifth day of January next thereafter, pay the full amount so ordered to be assessed, levied and collected to the custodian of the school moneys of said school district, who shall, upon the receipt of the orders of the Board of Education, signed by the president and attested by the district clerk (which orders shall state at what bank the said principal and in- terest shall be payable), deposit in such bank the sum of money necessary to pay the principal and interest as they shall become due and payable. 112. (ioi.) On the taking up of outstanding bonds, or on the payment of bonds of any township, incorpo- rated town or borough school district the Board of Edu- cation of such district shall forthwith cancel the same, and when so cancelled they shall be deposited in the of- fice of the Commissioner of Education. SCHOOL LAW. 59 113. (102.) The district clerk in any district in which ggg^J., there shall be any interest-bearing school debt shall, on g° p |J"^ ' vU, a 1 before term of his or her employment, without the consent of completion * J of contract. the Board of Education, said teacher shall be deemed Ibid - 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. 123„ (109.) Every teacher in a public school shall Raping . school keep a school register in the manner provided therefor, register. Ibid. 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 fur- nished for that purpose by the Commissioner of Educa- tion ; provided, that in any school in which more than one Pl . 0T i 80 . teacher shall be employed the principal thereof shall fur- nish such report. 124, (no.) No teacher shall be required to teach obsprvation school on any day declared by law to be a public holiday, rL h ° lidays ' and no deduction from a teacher's salary shall be made by reason of the fact that a school day happens to be a 3. A school teacher who has litigated successfully before the State Superintendent the controverted questions upon which her right to compensation depends is entitled to a wr t of mandamus to enforce a decision in her favor. Thompson v. Board of Education 2S Vr 6*8 4. In such a case the only burden upon the relator is to show that the jurisdiction of the State Superintendent extended over the oarties in controversy. Ibid. ' 5. See foot-notes to sections 15 and 117. 6. See section 130. 66 SCHOOL LAW. Authority over pupils. Ibid. Proviso. Proviso. Corporal punishment forbidden. Ibid. Certificate neces»ary. Ibid. Religious exercises. Ibid. Exemption from jury duty. Ibid. Tenure per- manent after three years. P. L. 1909, Cbap. 243. day declared by law to be a public holiday. Any contract made in violation of this section shall have no force or effect as against a teacher, (a) 125. (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 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. 126. ( II2 -) 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 punish- ment to be inflicted upon any pupil attending or that may attend any school or educational institution shall be hence- forth void and of no force or effect. 127. ( IX 3-) No teacher shall be entitled to any salary unless such teacher shall be the holder of an appropriate teacher's certificate, (b) 128. (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 portion of the moneys appropriated for the support of public schools. 129. (115O No teacher shall be required to serve on any jury in this State while his school be in session. 130. (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- Ca) See sections 284 to 288 and 445 to 448. (b) See Article IV and Rules for Teachers' Certificates. SCHOOL LAW. 6 7 ment of three consecutive years in that district, unless a shorter period is fixed by the employing board; pro- I>r0T1S0 - vided, that the time any teacher, principal, supervising principal has taught 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. No as to charges principal or teacher shall be dismissed or subjected to f salary, reduction of salary in said school district except for in- efficiency, 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 Hearing, 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. (a) 131. (2.) Said Board of Education shall have power Compe i to issue writs of subpoena on behalf of either party to subpoenas. 7 compel attendance of witnesses to testify before said lbld ' board in the matter under investigation, which subpoena 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 Penalty, 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 com- petent jurisdiction, which penalty when collected shall be paid to the treasurer or custodian of moneys of said (a) The prosecutrix had served three consecutive years as school teacher in the public schools of Paterson and, therefore, holds her Ccn_iici iti Luc puunL s^nuuia ui t aiciaun auu, iiicxciuic, nuiub uci :mployment during good behavior and efficiency and is not subject iO a reduction of salary. A resolution by the board of education changing the mode of payments from ten equal monthly payments to twelve, and which in effect clearly reduces her salary, is in clear violation of the section. Gowdy v. Board of Education, 55 Vr. 231, and 89 At. Rep. 1135. 68 SCHOOL LAW. Oaths. Dismiss teachers if pupils decrease. Ibid. Proviso. Who entitled to pensions. P. L. 1914, Chap. 268. Amount. Proviso. Proviso. Proviso. board. Any member 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. 132. (3-) Nothing herein contained shall be held to limit the right of any school board to reduce the num- ber of principals or teachers employed in any school dis- trict when such reduction shall be due to a natural diminu- tion of the number of pupils in said school district; and provided further, that the service of any principal or teacher may be terminated without charge or trial who is not the holder of a proper teacher's certificate in full force and effect. 133. (i-) After a total period of not less than thirty- five years of actual service, every teacher, teacher-clerk, principal and person employed in any supervisory capacity in or under any system of free public schools in this State or any other State, shall be eligible to retirement from active service and shall receive annually a sum equal to one-half of the average annual salary received during the last five years of such actual service ; provided, that the last twenty-five years of such actual service shall have been performed in this State; provided, further, that any teacher who has reached the age of seventy years and whose last twenty years of service have been performed in this State, shall also be eligible to retirement under this act; and provided, further, that any teacher who has reached the age of seventy-five years, and who has per- formed thirty-two years of service in this State, shall also be eligible to retirement under this act; and provided, fur titer, that any person who has served a total period of not less than thirty-five years as teacher, clerk, or prin- cipal, or in any supervisory capacity, under the system of free public schools in this State, and who has heretofore been or shall hereafter be retired or discharged from such service by reason of physical disability, and who has SCHOOL LAW. 69 reached the age of seventy years, shall be eligible to re- ceive a pension and to be retired under this act. (a) 134. (2.) Application for such retirement shall be un- der oath of the applicant, and shall specify and contain proof of the places or districts and the term or terms of such periods of actual service, which shall, so far as pos- sible, be verified by the board of education, other body or person, by which said application is received or said applicant employed; or such retirement may be effected by resolution of the said employing board, body or person, which board, body or person shall forthwith transmit the said application or resolution, records and proofs of such periods of actual service to the Department of Public In- struction. The Commissioner of Education shall promptly consider the same and may require such further proof as in his judgment is necessary. If said commissioner shall find that the person named in said application or resolu- tion is entitled to retirement under the provisions of this act, he shall forthwith file with the Comptroller of the Treasury a certificate giving the name of the person to whom payment is to be made and the amount to be paid annually to said person. Said certificate shall be final and conclusive as to the right of the person named in such certificate to the payments named in this act. All pay- ments shall be made in equal monthly installments by the State Treasurer on the warrants of the Comptroller of the Treasury. The right of any person retired as afore- said to any salary other than that specified in this act, shall cease and determine on the first day of the month next succeeding the date on which the certificate of the Com- missioner of Education in favor of such person is filed in the office of the Comptroller of the Treasury. 135. (3-) The first payment to any person retired under the provisions of this act shall become due and payable on the last day of the month next succeeding the date on which the certificate of the Commissioner of Education Application for retire- ment. Ibid. Considera- tion and ap- proval by commissioner of education. Payments. When pay- ment due. Ibid. (a) Although a teacher in the public schools is retired under with- out having a hearing, the proceedings will not be set aside on cer- tiorari when the facts on which the retirement was based are con- ceded. Vroom v. Bayonne, 50 Vr. 46. 70 SCHOOL LAW. Blanks and forms. Ibid. How paid. Ibid. Proviso. Annual estimate furnished. Ibid. Comptroller to deduct amount be- fore appor- tionment. Ibid. in favor of said person is filed in the office of the Comp- troller of the Treasury. In computing the annual amount due and owing any person under the provisions of this act, or the monthly payments made on account thereof, the Comptroller of the Treasury shall disregard all frac- tions of a dollar. 136. (4-) All applications, records, resolutions and proof of such retirement shall be kept and filed in the office of the Department of Public Instruction, as public records. Said department shall furnish the necessary blanks and forms for carrying out the provisions of this act. 137. (5-) Every person heretofore retired under the act to which this act is an amendment or any amendment thereof or supplement thereto, shall hereafter be paid as directed in section three of this act upon proof duly cer- tified to the Department of Public Instruction by the board, body or person by whom such person has been retired as aforesaid, of the date on which such person was retired. Upon the receipt of such proof the Commissioner of Edu- cation shall forthwith file the necessary certificate in the office of the Comptroller of the Treasury; provided, that the board, body or person now paying such person shall pay him or her the amounts due to the date when said payment shall be assumed by the State. 138. (6.) The Commissioner of Education shall annu- ally on or before the first day of February, certify to the State Comptroller the amount necessary for the payments under the provisions of this act for the then ensuing school year. 139. (7-) The State Comptroller, prior to the appor- tionment, on or before the first day of February, 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," approved April twen- SCHOOL LAW. 7i tieth, one thousand nine hundred and six, shall deduct from the sum so to be apportioned, in addition to any other sums to be deducted from said fund by virtue of the provisions contained in any law of this State, the amount certified to him by the Commissioner of Educa- tion as necessary for the payments under the provisions of this act for the then ensuing school year, which pay- ments shall be made therefrom; provided, that if at any time no deduction shall have been made as required by this section, or if at any time the amount deducted shall not be sufficient to make the payments provided for in section two of this act, such payments shall be made from any moneys in the State Treasury not otherwise appro- priated, and the Comptroller of the Treasury in making the then next deduction as required by this section shall, in addition to the sum certified to him by the Commis- sioner of Education as necessary for the payments under the provisions of this act for the then ensuing school year, deduct a sum equal to the amount paid from the State Treasury as aforesaid, which sum shall become a part of the general moneys in the State Treasury. Proviso. Article IX. PUPILS. 140, (n6.) Public schools shall be free to all persons over five and under twenty years of age, and to such per- sons over the age of twenty years as the board of educa- tion of any school district may deem it wise to offer in- struction, who shall be residents of the school district, (a) 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 (a) The provision of article 4, section 7, paragraph 6, of the State constitution 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 gen- eral funds of the State. The facil'ties for free public education are to be provided by the legislature within the exercise of a sound discretion, subject only to constitutional restraint which must be found in expression or clear implication. Rutgers College v. Morgan, 41 Vr. 460. Ages of pupils. P. L. 1912, Chap. 183. Tuition fees authorized. 72 Proviso. Transporta- tion of pupils. P. L. 1903, Special session. Transfer of children remote from school. Ibid. Tuition fees for attend- ance at higher grade school in another district. Ibid. SCHOOL LAW. t board may prescribe ; provided, that the authority to charge 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) 141. (117.) Whenever in any district there shall be 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 contracts for the transportation of children to a school in an adjoining district when such children shall be transferred to said district by order of the County Superintendent of Schools, or when any children shall attend school in a district other than that in which they shall reside by virtue of an agree- ment made by the respective Boards of Education, (b) 142. (118.) Any child living remote from any public school in the district in which he or she shall reside shall be allowed to attend a public school in an adjoining dis- trict 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 district 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. 143. (iiQ-) 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 Education of a district in which he or she shall desire to attend school, be admitted to a school of higher grade in said last-mentioned district. Said Boards of Education shall determine the amount to be paid for the education (a) See sections 3, div. X, and 223, div. h. and i. (a) See section 223, div. k. SCHOOL LAW. 73 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 Education, in favor of the cus- todian 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-men- tioned district out of any moneys in his hands available for the current expenses of said district, (a) 144. (120.) Pupils in the public schools shall comply Pupils to with the regulations established in pursuance of law for authority of a r teacher. the government of such schools; shall pursue the pre- ii>id. 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 sus- pension or expulsion from school. Any pupil who shall Jj!)[,ig ts f0r cut, deface or otherwise injure any schoolhouse, furniture, i )U i' n ' s J J damage to fences, outbuildings or other property of the school dis- school r r j property. trict shall be liable to suspension 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. 145. (121.) A board of education may exclude from v & . C i, nA vm, school any teacher or pupil who shall not have been sue- €hap ' 304 ' 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 hav- proviso, ing a medical inspector appointed by the Board of Educa- tion the certificate hereinafter provided for shall be fur- nished by such medical inspector, (b) No teacher or Teachers or pupil who shall be a member of a household in which a exposed to person shall be ill with small-pox, diphtheria, scarlet fever, disease shall whooping cough, yellow fever, typhus fever, cholera, school, measles or such other contagious or infectious disease as (a) See sect : on 3, div. X, and 223, div. h. (b) The appointment of a medical inspector being mandatory, the certificate must be furnished by such inspector. 74 SCHOOL LAW. Vaccination at public expense. P. L. 1903, Special session. Schools closed during epidemic. Ibid. When new pupils maj be admitted. Ibid. may be designated by the Board of Education, or of a household exposed to contagion as aforesaid, 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 communicating such disease by such teacher or pupil has passed. 146. (122.) In case any pupil enrolled in a public school shall be found to be unvaccinated, whose parents shall be, in the judgment of the Board of Education, 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. 147. (123.) Whenever the Board of Health of any 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- 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 epidemic or cause of ill-health has been removed. 148. (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 SCHOOL LAW. 75 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 district in which said school shall be situate. 149. (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 nor 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) 150. (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. 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 (a) 1. 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 District, etc., 17 Vr. 76. 2. In case of a controversy between a citizen and a local board of education 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, etc., 43 Vr. 80. No exclusion from school on account of color, etc. Ibid. Special classes for pupils below normal. P. L. 1911, Chap. 234. Duty of medical examiner. 76 SCHOOL LAW. Model school may receive high school pupils from the public schools. P. L. 1913, Chap. 245. Tuition fees. district shall examine the children in special classes at least once in every three months, (a) 151. (i.) 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 the board having the con- trol and management of the Model School at Trenton, or of the Model School in connection with any other State Normal School, be admitted to such 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 sec- retary of the board of education in favor of the custodian of the school moneys of such model 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 dis- trict. Article X. Suitable ac- commodations must be fur- nished. P. L. 1907, Chap. 123. 8ehool moneys with- held upon failure to comply. SCII00LH0USES, FACILITIES AND ACCOMMODATIONS. 152. (126.) Each school district shall provide suitable school facilities and accommodations for all children re- siding in the district and desiring to attend the public 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 access to the pupils or as provided in sections one hundred and seventeen, one hundred and eighteen and one hundred and nineteen of the act to which this act is an amend- ment, (b) Whenever any school district shall fail to pro- vide such facilities or accommodations, the County Super- intendent of Schools shall transmit to the custodian of the (a) See section 278. (b) The numbers of the sections refer to those in ( ). SCHOOL LAW. 17 houses 1903. 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 appropria- tion 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. 153. (127.) Each Board of Education shall provide out-h< at least two suitable and convenient outhouses or water- special session. 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 Tax for effect the provisions of this section shall not be submitted 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 district clerk or secretary, of the amount needed for such pur- pose, and such amount shall be assessed, levied and col- lected at the same time and in the same manner as other special school taxes are assessed, levied and collected. 154. (128.) The Commissioner of Charities and Cor rections shall, upon the request of the Commissioner of ^^ Education, cause to be prepared standard plans and c **v- 369 - specifications for school buildings to contain one, two, four, six, eight, twelve, sixteen, twenty and twenty-four rooms. The Commissioner of Education shall, upon re- ceipt of such plans and specifications, cause blueprints to be made of the plans, and shall have printed copies of the specifications and shall loan copies to any district Plans for school build- 78 SCHOOL LAW. Examination of school buildings. Approval of plans and contracts. Ibid. Doors to open outwardly P. L. 1903, Special session. Use of insurance moneys. P. L. 1911, Chap. 34. upon its application. The Commissioner of Charities and Corrections shall also, upon the request of the Commis- sioner of Education, cause to be made a thorough exam- ination of any school building and to report to the Com- missioner of Education his findings in regard 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. 155. ( I2 9-) No contract for the erection of any public school building or any part thereof shall be made until 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 Education 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, (a) 156. (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 ground surrounding such schoolhouse shall open out- wardly. All swing-doors shall have piate-glass windows of suitable dimensions. 157. (i.) Whenever any of the school buildings and furnishings thereof in any school district shall have been partially or totally destroyed by fire, the moneys 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 (a) Any contract with an architect to pay him 6 per cent, of the cost of build'ng a schoolhouse for his plans therefor, and for super- intending Its erection, * * * was ultra vires so that there can be no recovery as for breach thereof in said borough board refusing to accept his services, the plans and specifications not having been sub- mitted to and approved by the State Board of Education. Fletcher v. Board of Education 88. At. Rep. 834. SCHOOL LAW. 79 repairing, reconstruction or rebuilding of said building and the purchase and repairing of the furnishings and contents thereof ; provided, that insurance money shall not ProTiso. 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 fur I her, that the Board of Educa- rroriso. tion shall not enter into a contract for the construction of a building to cost more than the amount of insurance money received until the additional amount required has been regularly appropriated. Article XI. UNION-GRADED SCHOOLS. 158. (1^2.) Whenever the Boards of Education of two Estabiish- 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 of 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 meeting, 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 secre- tary shall also transmit to said County Superintendent of Schools a certificate of the result of such vote signed by said chairman and secretary. In case the districts shall be situate in different counties, said secretary shall trans- mit the ballots and other papers hereinbefore described to the County Superintendent of Schools of the county in union-graded schools. P. L. 1903, Special session. Election, how •ondueted. Report to county su- perintendent. 8o SCHOOL LAW. Union school boards, how constituted. Ibid. Notification to county ea- perintendent. Ibid. Removals and vacancies. Ibid. which the district shall be situate, and shall transmit a duplicate of the certificate of the result of such vote to the County Superintendent of Schools of the county in which the other district or districts 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. 159. (133) Whenever two or more districts shall have voted to establish a union-graded school as provided in 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. 160. (i34-) Each board of education shall notify the County Superintendent of Schools of the names of the 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 mem- bers 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 con- tinue to act as members of the boards of education in their respective districts. 161. (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 SCHOOL LAW. 81 of such vacancy has not its full representation on the board of education of such union-graded school. 162. O36.) 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 .(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). 163. (1 37-) 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 sure- ties as said board shall direct, but said bond shall be for a sum not less than the amount annually apportioned to such school by the County Superintendent of Schools. 164. ( T 3S-) 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 and to raise money by taxation for any such purpose, or to pay debts incurred therefor, or for the current expenses of the schools; provided, that for any such acts it shall have the previous authority of a majority vote of the Board of Education of each of the districts uniting in es- tablishing said union-graded school ; II. To take and condemn land and other property for school purposes, in the manner provided by law regulating the ascertainment and payment of compensation for property condemned and taken for public use. If either Corporate name. Ibid. Organisation of board of education. Ibid. Custodian of schoo) moneys. Powers of anion-graded school boards. Ibid. Purchase, jell or lease school property. Proviso. Condemn land for school purposes. 82 SCHOOL LAW. Proviso. Appropria- tions for union-graded schools. Ke»*. Supervising principal. party shall feel aggrieved by any proceedings and awards thereunder, said party may appeal in the manner provided by law for appeals from such proceedings and awards; provided, that before beginning any proceedings for taking and condemning land and other property, the Board of Education shall have the authority 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 majority of the Board of Education of each of the districts uniting in establishing such union-graded school, the amount needed to purchase land for school purposes; to erect and furnish a suitable schoolhouse, or to lease a schoolhouse already erected, and for the current expenses of such school, in which term shall be included principals', teachers', janitors' and medical inspectors' salaries, fuel, text-books, school supplies, flags, school libraries, salaries of secretary and custodian 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 aforesaid shall be situate, and said assessors shall apportion said amount among said several taxing districts in the proportion that the ratables of each bear to the total ratables of all said taxing districts, and the amount thus apportioned to each taxing district shall be assessed, levied and collected in the same manner and at the same time as other school taxes shall be assessed, levied and collected therein, and shall be paid by the several collectors to the custodian oT school moneys of such union-graded school on or before the fifth day of January next after the same shall become due and payable to said several collectors; IV. To adopt an official seal by which all its official acts may be authenticated ; V. To appoint a supervising principal and fix his salary, which principal shall be also the supervising principal of the schools in the district uniting in establishing such union-graded school. Such supervising principal shall hold a state or a first-grade county certificate. SCHOOL LAW. 83 165. (139. ) In making the annual apportionment of school moneys, the County Superintendent of Schools shall make an apportionment to such union-graded school on the same basis and in the same manner as to the school district in the county in which such union-graded school shall be situate. If the districts which shall have united in establishing such union-graded school shall be situate in different counties, the County Superintendent of Schools of each of such counties, in making his annual apportion- ment of school moneys, shall apportion to such union- graded school three hundred dollars for the supervising principal and one hundred dollars for each teacher em- ployed therein during the year preceding that for which said apportionment shall be made, and in addition thereto shall apportion an additional sum on the basis of the aggregate days attendance of all pupils, residents of such county, who shall have attended such union-graded school during the year preceding that for which said apportion- ment shall be made. 166. (140.) The board of education of a union-graded school shall have all the powers and be charged with all the duties conferred or imposed upon a board of education in a township school district, so far as the same are not inconsistent with the provisions of this article. 167. (141.) Each union-graded school shall be under the supervision and control of the County Superintend- ent of Schools of the county in which the schoolhouse shall be situate 168. (142.) In case a board of education of a union- graded school shall decide that it is necessary to raise money to purchase land for school purposes, and for the erection and furnishing of a schoolhouse or for the pur- chase thereof by the issue of bonds, it shall notify the board of education of each of the districts which shall have united in establishing such union-graded school, of the amount needed, the number of bonds to be issued, the denomination of such bonds, the maximum rate of inter- est thereon, and the time or times of payment. Each of such boards, upon receiving such notification, shall forth- with call a meeting of the legal voters of its district, and Apportion- ment of moneys In ui] 1 'in school districts. Ibid. Powers and duties of boa rd. Ibid. Supervision. Ibid. Bonds for school-bouses Ibid. Question submitted te voters. 8 4 SCHOOL LAW. Approval ot attorney- general. DeecriptloD of bonds. Ibid. shall submit to said meeting the question of issuing such bonds as proposed by the board of education of such union-graded school, and the district clerk of the board of education of each of said districts shall transmit to the board of education of such union-graded school certified copies of the record of the proceedings of the board of education and of the legal voters of said district thereon. If from said certified copies it shall appear that a majority of the legal voters present at such meeting in each of said districts, shall have voted in favor of the issue of such bonds, the secretary of the board of education of such union-graded school shall transmit such certified copies, together with certified copies of the record of the pro- ceedings of the board of education of such union-graded school concerning the issue of such bonds, to the Attorney- General for his approval of the legality of all said pro- ceedings, and shall file duplicate certified copies of the record of all such proceedings with the Commissioner of Education, and, upon the approval thereof by the Attorney- General, said bonds may be issued and sold by said board. 169. (i43-) Bonds authorized as provided in this article shall be issued in the corporate name of the board of education of the union-graded school ; shall bear in- terest at a rate not exceeding six per centum per annum, payable semi-annually; shall be signed by the president of said board and attested by the secretary; shall bear the seal of said board, and shall have coupons attached for current payment of interest, which coupons shall be signed by the secretary, and shall be numbered to correspond to the bonds to which they shall be severally attached. Bonds so issued shall be numbered and a proper registry thereof kept by the secretary, and may be sold at public or private sale for the best obtainable price, but not less than par. Such bonds when issued shall be a lien upon the real estate situate in each of the districts which shall have united in establishing such union-graded school, and the personal estates of the inhabitants of each of said dis- tricts, as well as the property of each of said districts, and said estates and property shall be liable for the payment of the same. SCHOOL LAW. 85 170. (i44-) Whenever bonds shall have been issued KESJ n J£ r by the board of education of a union-graded school, the ^^Sl 00 secretary of such board shall, each and every year, Ib,d - certify to the assessors of the several taxing districts in which the several school districts which shall have united in establishing such union-graded school shall be situate, the amount which shall become due during such year for principal and interest of such bonds. The amount so certified shall be apportioned and assessed by said assessors in the same manner and in the same proportion as taxes for the current expenses of such union-graded school shall be apportioned and assessed, and the moneys so assessed shall be levied and collected by the collectors of the several taxing districts, and the said collectors shall, on or before the fifth day of January next thereafter, pay the full amount so ordered to be assessed, levied and collected to the custodian of the school moneys of said union-graded school, who shall, upon receipt of the orders of said board of education (which orders shall state at what bank said principal and interest are payable), deposit in such bank the sum of money necessary to pay said principal and interest as they shall become due and payable. Article XII. KINDERGARTENS. 171. ( J 45-) The board of education of any school dis- trict may establish a kindergarten school or a kindergar- ten department in any school under its control, and shall admit to such kindergarten school or department any child over the age of four and under the age of seven years who shall be a resident of the district; provided, that no child under the age of five years shall be admitted to any public school unless such school shall be a regularly organized kindergarten school or shall have a kindergarten department. 172, (146.) Every teacher in a kindergarten school or department shall hold a special kindergarten certificate, issued by the State Board of Examiners. Ages of pupils lu bin dprgarteua Ibid. ProTloo Teacher* In kinder- gartens must hold special certificate. Ibid. 86 SCHOOL LAW. Kipensi'B. Ibid. 173. (i47-) The expense of kindergarten schools or departments shall be paid out of any moneys available for the current expenses of the schools, and in the same manner and under the same restrictions as the expenses of the other schools or departments shall be paid. Article XIII. Ages of pupils in night schools. Ibid. Term. Expenses. Ibid. Evening schools for foreign-born residents. P. L. 1907, Chap. 36. Teachers. Rules and regulation*. Course of study. EVENING SCHOOLS. 174. (148.) The board of education of any school dis- trict may establish and maintain public evening schools for the instruction of persons over twelve years of age residents of the district, and unless such evening schools shall be maintained for a term of not less than four months in each year, each of said months to consist of at least sixteen evening sessions of at least two hours each, said district shall not be entitled to any apportionment on the basis of the number of teachers employed in such schools during the year preceding that for which the apportionment shall be made. 175. (*49-) The expenses of evening schools shall be paid out of any moneys available for the current ex- penses of the schools, and in the same manner and under the same restrictions as the expenses of day schools shall be paid. 176. (i.) The board of education of any school dis- trict may establish and maintain a public evening school or evening schools for the instruction of foreign-born residents of said district, over fourteen years of age, in the English language and in the form of government and the laws of this State and of the United States. Every teacher employed in such a school shall hold a special teacher's certificate, valid as a license to teach in such schools. The State Board of Education shall prescribe rules for the proper control and management of such schools, for the inspection thereof, for the granting of certificates' to teach therein, and for carrying into effect the purposes of this act. The course of study in each of such schools and any changes therein shall be submitted to and shall be approved by the State Board of Education. SCHOOL LAW. 87 177. (2.) Whenever in any school district there shall have been raised by special appropriation or special tax, or by subscription, or both, such sum as, in the judgment of the State Board of Education, shall be sufficient for the maintenance in such district of an evening school or schools as aforesaid, there shall be paid for such pur- pose to the custodian of the school moneys of said dis- trict, on the order of the Commissioner of Education, an amount equal to that raised therein as aforesaid, which amount shall be paid by the State Treasurer on the war- rant of the State Comptroller; provided, said order shall not be issued until the course of study in such school or schools or any changes therein shall have been approved by the State Board of Education. The moneys appro- priated by the State as aforesaid to any school district shall not exceed in any year the sum of five thousand dollars. The custodian of the school moneys of the school district shall be the legal custodian of any and all funds appropriated, raised or subscribed for the maintenance of such evening schools. He shall keep a separate and dis- tinct account thereof, and shall disburse said moneys on orders signed by the president and district clerk or secre- tary of the board of education. 178. (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 before the first day of August, make a special report to the Com- missioner of Education in the manner and form pre- scribed by him. 179. (4-) The State Board of Education may, from 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 services, but shall be paid the necessary expenses incurred by them under the provisions of this act. 180. (5-) The expenses incurred in carrying out the provisions of this act shall be paid by the State Treas- urer on the warrant of the State Comptroller, but no expense shall be incurred nor payment made for any of Appropriation. Ibid. PrOTlBO. Limit to state appro- priation. Custodian of school moneys. Special re- port to Com- missioner of Education. Ibid. Assistance. Ibid. Expenses Incurred met. Ibid. 88 SCHOOL LAW. Free text-books. P. L. 19(W. Special session. Rules for text-hooks. Ibid. School officers and teachers not to be interested in furnishing text-hooks. Ibid. the purposes named in this act until an appropriation therefor shall have been made in a regular appropriation bill. Article XIV. TEXT-ROOKS AND SUPPLIES. 181. (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 supplies. 182. (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 Dy it for such text-books and supplies, and shall report the same in its annual financial statement. 183. ( l 5 2 -) 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 public schools to be agent for, or to be in any way pecuniarily 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 favoring the same. A violation. of the provisions of this section shall be punishable by removal from office or by revocation of certificate to teach. Article XV. Definitions "Supervisor school exem] tion certifi- cates." P. I.. 1914. Chap. 22.".. "Age and schooling certificate." COMPULSORY EDUCATION. 184. (i.) Definition, of (a) "Supervisor of school exemption certificates," as used in this act, shall mean any superintendent of schools, supervising principal, principal or teacher of any school district who shall be designated by the board of education in that district to carry out the provisions of this act. (b) "Age and schooling certificate," as used in this act, shall mean a certificate granted by the supervisor of school SCHOOL LAW. «9 exemption certificates, and such certificate, when granted, pursuant to this act, shall authorize the holder thereof to cease attending school when employed in some occupa- tion lawful for children under sixteen years of age. (c) "Age and working certificate," as used in this act, shall mean a certificate granted by the supervisor of school exemption certificates, pursuant to section thirteen (a) of this act, which certificate, when granted, shall not exempt the child from attendance at school, but shall allow such child to secure certain employment in the open air, which employment shall be lawful for children under fourteen years of age. (d) "Employer's certificate," as used in this act, shall mean a certificate setting forth the fact that a child has secured employment, as provided in section twelve of this act. 185. (2.) Every parent, guardian, or other person hav- ing custody and control of a child between the ages of seven and sixteen years, shall cause such child regularly to attend a day school in which at least reading, writing, spelling, English grammar, arithmetic and geography are taught in the English language by a competent teacher, or to receive equivalent instruction elsewhere than at school, unless such child is above the age of fourteen years, has been granted an age and schooling certificate, and is regu- larly and lawfully employed in some useful occupation or service. Such regular attendance shall be during all the days and hours that the pubic schools are in session in said^ school district, unless it shall be shown to the satisfaction of the board of education of said school district that the mental or bodily condition of the child is such as to pre- vent his or her attendance at school. 186. (3-) Age and schooling certificates and age and working certificates may be granted by the supervisor of school exemption certificates in the school district in which the child resides, on the application in person of the parent, guardian or custodian of the child for whom such certifi- cate is desired. "Age and working cer- tificate. " "Employer's certificate." Required schooling. Ibid. Certificates granted on application. Ibid. (a) The number refers to that in ( ). 90 SCHOOL LAW. Attendance at school. Ibid. Proof of age Ibid. Transcript of birth certifi- cate. Passport or baptismal record. Other evidence may be accepted. if document- ary proof un- available. What appli- cation to show. Investigation as to age. 187. (4-) Every child under the age of sixteen years who is not regularly and lawfully employed in any useful occupation or service, shall not be exempt from attendance at school. 188. (5-) For the purpose of this act, evidence that the child is at least fourteen years of age shall consist of one of the following proofs of age, and shall be required in the order herein designated, as follows : (a) A duly attested transcript of the birth certificate filed according to law with a registrar of vital statistics or other officer charged with the duty of recording births, which certificate shall be prima facie evidence of the age of such child. (b) A passport, or a duly attested transcript of a cer- tificate of baptism showing the date of birth, and place of baptism of the child. (c) In case the proofs required by paragraphs (a) or (b) cannot be produced, such other documentary evidence of age as shall be satisfactory to the officer issuing the certificate (except the school record of the child or the affidavit of the parent, guardian, or other person having control of such child) may be accepted, duly attested, as proof of age, in the discretion of the officer issuing the certificate. (d) In case no documentary proof of age can be pro- duced the officer authorized to issue the certificate may receive and file an application for a physician's certificate signed by the parent, guardian or other person having control of the child for whom the application is made. Such application shall contain the name, alleged age, place and date of birth, and present residence of the child, to- gether with such further facts as may be of assistance in determining the age of such child, and shall also contain a statement certifying that the person signing such appli- cation is unable to produce any of the documentary evi- dence specified in paragraphs (a), (b) or (c). Within sixty days after the date of the filing of such application a careful investigation shall be made as to the truth of the facts set forth in said application, and if no facts shall appear tending to discredit or contradict any material SCHOOL LAW. 9 1 Medical Inspection as proof. Preference ns to evidence of age. statement in the application, the officer authorized to issue the certificate may direct the child to appear, at a time and place to be designated by him, for physical examination without removal of clothing by a medical inspector em- ployed by the board of education of the school district in which said child resides. In case said medical inspector shall certify in writing that he has examined said child, and that, in his opinion, such child is at least fourteen years of age, such officer shall, for the purpose of this act, accept the certificate of said medical inspector, as sufficient proof of the age of said child. The officer issuing the certificate shall require the evidence of age specified in paragraph (a) in preference to that specified in any sub- sequent paragraph, and shall not accept the evidence of age specified by any paragraph other than paragraph (a) unless there shall be filed in his office, in addition thereto, an affidavit of the parent, guardian, or other person having control of the child, showing that no evidence of age specified in any paragraph preceding that specified in the affidavit can be produced. Said affidavit shall also con- tain the age, date and place of birth, when and where baptized and present residence of the child. 189. (6.) All oaths, affirmations and affidavits required ^ a d t ™ in!sterlng to be made or taken in any proceeding had pursuant to ">ia. this act in an application for an age and schooling certi- ficate or age and working certificate shall be taken by the supervisor of school exemption certificates and the said supervisor of school exemption certificates is hereby granted the power to administer oaths and take affidavits and affirmation in all such proceedings held pursuant to this act. Any person who shall swear or affirm falsely at Per J nr *- any hearing or any proceeding taken pursuant to this act to an application for an age and schooling certificate or age and working certificate, or shall sign and swear or affirm to any affidavit containing a false statement to be used in any such proceeding, shall be guilty of committing perjury and, upon conviction thereof, shall be fined not exceeding one thousand dollars or imprisoned with or without hard labor as the court may direct for any time not to exceed three years, or both. Penalty. 9 2 SCHOOL LAW. All applicants examined by physician. Ibid. Record of school attendance xiven. Ibid. Proficiency . What certifi- cate to set forth. Ibid. 190. (7-) Before granting- any age and schooling cer- tificate or age and working certificate the child shall ap- pear before a medical inspector employed by the board of education who shall examine said child and file with the supervisor of school exemption certificates a certificate signed by said medical inspector describing the physical condition of said child and certifying as to whether such child has the normal development of a child of its age and is of sufficiently sound health and physically able to be employed in any of the occupations in which a child be- tween fourteen and sixteen years of age may legally be employed. 191. (8.) No age and schooling certificate shall be issued until there shall have been filed, with the officer authorized to issue the same, satisfactory proof that the child for whom such certificate is requested has regularly attended a public school, or has received instruction equi- valent to that provided in the public schools, for a period of not less than one hundred and thirty days during the twelve months next preceding the date of the application for such certificate, is able to read intelligently and write legibly simple sentences in the English language, has com- pleted a course of study, equivalent to five yearly grades in reading, writing, spelling, English language and geography, is familiar with the fundamental operations of arithmetic, up to and including simple fractions, and that such child is able to perform the work in which he or she may be lawfully employed. 192. (9.) Satisfactory proof on behalf of a child apply- ing for an age and schooling certificate pursuant to the provisions of this act having been produced as to the age, physical condition and schooling of said child, it shall be lawful for the supervisor of school exemption certificates to issue in accordance with section three of this act an age and schooling certificate to said child, dated on the day it is issued and signed by the person issuing the same, which certificate shall state the color, name, sex, date and place of birth, residence, color of hair and eyes, height, weight, and any distinguishing facial marks of the child, and shall contain a statement that the proofs of age, edu- SCHOOL LAW. 93 cation and physical condition required by this act have been filed with the officer issuing the certificate, and that the child named in the certificate has personally appeared before the medical inspector and been examined. Every such certificate shall be signed in the presence of the supervisor of school exemption certificates by the child in whose name it is issued or other person having custody and control of such child. 193. (10.) Every supervisor of school exemption cer- tificates issuing an age and schooling certificate or an age and working certificate shall send immediately to the De- partment of Labor at Trenton the original papers upon which said certificate was granted. Said department shall examine said papers and promptly return them to the supervisor of school exemption certificates, who shall file them in his office. Whenever there is reason to believe that an age and schooling certificate or an age and work- ing certificate was improperly issued the Commissioner of Labor shall notify the Commissioner of Education and the board of education of the school district in which said cer- tificate was issued. The board of education of said dis- trict may cancel any age and schooling certificate or any age and working certificate issued by it and shall cancel the same when directed so to do by the Commissioner of Education. 194. (ii.) The supervisor of school exemption certifi- cates shall keep a record of every such certificate issued by him giving all the facts contained in such certificate, and also a record of the name and address of every child to whom a certificate has been refused, together with the name or number of the school which such child should attend, and the reason for refusal. 195. (12.) The supervisor of school exemption certifi- cates shall give to each child to whom an age and school- ing certificate is issued a blank form of "employer's cer- tificate" which shall be filled in by the person employing said child, setting forth the nature of the work the child is to do, the date the child starts work, and also the salary a week to be paid the child, which form, correctly filled out, shall within two days, be surrendered or returned by Labor bureau notified. Ibid. Action of certificate im- properly issued. Record of certificates kept. Ibid. Exchange of certificates during em- ployment. Ibid. 94 SCHOOL LAW. U child's residence unknown, disposition of certificate. Action when child changes employment. Penalty. Notification on canceling certificate. the person, firm or corporation employing said child to the supervisor of school exemption certificates of the dis- trict in which the child resides. The child, upon securing employment, shall surrender the age and schooling certi- ficate to his employer who shall retain said certificate dur- ing the time said child is in his employ; said employer shall, within two days after the child is discharged or ceases to work for him, surrender or return the age and schooling certificate to the supervisor of school exemp- tion certificates of the school district in which said child resides, who shall file the same in his office and keep said certificate until such time as the child shall again secure employment. If, however, said employer does not know or cannot find the location of said child's residence, he shall surrender or deliver the age and schooling certificate to the supervisor of school exemption certificates for the district in which the business of the employer was located, and said supervisor of school exemption certificates shall make inquiry and search for said child, and if he cannot find where said child resides, he shall return the certificate to the supervisor of school exemption certificates who issued the same. Whenever a child shall find other employment it shall apply to the supervisor of school exemption certificates of the school district in which said child lives for the return of the age and schooling certificate, together with a blank form of employer's certificate, and the employer shall retain and file in his office said age and schooling certifi- cate, and fill in and return the employer's certificate as provided above. Any person, the members of any firm or the officers or agents of any corporation failing to com- ply with the provisions of this section of this act, shall be deemed and adjudged to be a disorderly person or persons, and upon conviction thereof, shall be fined not to exceed twenty-five dollars, or imprisoned in jail, not to exceed thirty days, or both. Whenever any age and schooling certificate or any age and working certificate shall have been cancelled as pro- vided in section ten (a) of this act, the board of education (a) The number refers to that in ( ). SCHOOL LAW. 95 cancelling said certificate shall immediately notify the Com- missioner of Education, the Commissioner of Labor and the person or corporation by whom the child is employed of its action, and said person or corporation shall imme- diately upon receiving said notice forward said certificate to the Commissioner of Education. 196. (13) Whenever a child between the age of ten and sixteen years desires to work in order to assist in supporting itself or the family, it shall be lawful for the parent, guardian or other person having the custody and control of said child between the ages of ten and sixteen years to file a petition with the supervisor of school ex- emption certificates of the school district in which the child resides, which petition shall set forth the fact that said child desires to secure employment in order to help support itself or family, together with evidence" which shall comply with the provisions of this act as to the age of said child and the character of the work the child is to perform, which work shall only include selling newspapers, blacking shoes, running errands, and other light employ- ments, not otherwise prohibited by law for children under sixteen. If upon investigation it shall be found that the facts set forth in the petition are true and that the work will not interfere with the child's standing in school, or with the child's health, it shall be lawful for the super- visor of school exemption certificates to grant to said child an age and working certificate, to work at such times as the public schools in the district shall not be in session, but not before six o'clock in the morning nor after seven o'clock at night. Any person, the members of any firm or the officers or agents of any corporation employing, permitting, or allowing a child to work, contrary to the provisions of this section, shall be deemed and adjudged to be a disorderly person or persons, and upon conviction thereof, shall be fined fifty dollars, or imprisoned not to exceed one year or both ; provided; that nothing contained in this section shall apply to any child employed in agri- cultural pursuits. 197. (i4-) Every child between the ages of seven and fourteen years, and every child between the ages of four- Employment of school children outside school hours. Certificate issued to do light work. Penalty. Proviso. Truancy. Ibid. 9 6 SCHOOL LAW. Procedure against. Failure of parents and guardians to comply with law. Ihid. Penalty. Proviso. Proviso. Court to hear cause. teen and sixteen years who is not lawfully employed in some useful occupation or service, who shall repeatedly be absent from school, or any child found away from school during school hours whose parent, guardian or other persons having charge and control of such child is unable to cause him to attend school, or any pupil who shall be incorrigible, actually vagrant, vicious or immoral in conduct, shall be deemed to be a juvenile disorderly person or a juvenile delinquent and shall be proceeded against as such. 198. (i5-) Any parent, guardian or other person having custody and control of any child between the ages of seven and sixteen years who shall fail to comply with the provisions of section two of this act, or any parent, guardian or other person having custody and control of any child between the ages of seven and sixteen years, who shall fail to comply with any of the provisions of this act relating to his or her duties, shall be deemed to be a disorderly person, and upon conviction thereof, it shall be lawful for the magistrate or judge before whom such person is convicted to sentence such person to the work- house, penitentiary or county jail of the county in which such person may be convicted, for a period not to exceed one year, or to impose a fine not to exceed fifty dollars, or both ; provided, however, that no justice of the peace shall have jurisdiction in any proceedings brought under the provisions of this act ; and provided, further, that when a complaint is filed under this act the judge before whom such complaint is made shall issue a rule to show cause setting forth the facts contained in the complaint, and com- manding the defendant to appear before the court at a cer- tain time on a day which shall be at least three days from the date of the order to show cause why the defendant should not be punished pursuant to the provisions of this act, and also demanding that the defendant produce at the same time the child or children named in the complaint, which rule shall be served by the sheriff, court officer, police officer, constable or other person designated for the purpose by the court. Upon the return of said rule and the appearance of said defendant, together with said child SCHOOL LAW. 97 or children, the court shall proceed to hear and determine the cause. If the defendant shall fail to appear and pro- duce the child or children named in the rule and on the days specified therein, a warrant shall be issued and the defendant shall be proceeded against as a disorderly person in the manner provided in this act. 199. (16.) It shall be the duty of the parent, guardian or other person having custody and control of any child to whom an age and schooling certificate has been issued to see that the child is either continuously employed or regularly attends school, and it shall be the duty of the supervisor of school exemption certificates of the district in which the child resides to take the proper proceedings, as provided in sections fourteen and fifteen (a) of this act, to enforce the attendance at school of any child who fails to secure employment and also to secure and retain the age and schooling certificate for such child until such times as it shall secure lawful employment. 200. (i7-) For the purpose of enforcing the provisions of this article the board of education of each school dis- trict shall appoint a suitable number of qualified persons to be designated as attendance officers, and shall fix their compensation. Said board shall make rules and regula- tions not inconsistent with the provisions of this article, for the government of said attendance officers, which rules and regulations must be approved by the Commissioner of Education, (b) 201. (18.) Every attendance officer who shall find any child between seven and fourteen years of age (or any child between fourteen and sixteen years of age, who is not lawfully employed in some useful occupation or service) away from home during school hours, who shall then be a truant from school, shall take such child and deliver him to the parent, guardian or other person having charge and control of such child, or to the teacher of the school which such child is lawfully required to attend. The attendance officer shall examine into all violations of the provisions of this article, and shall warn any child Compulsory attendance at school. Ibid. School attendance officers. Ibid. Returns of truauta to parents or school. Ibid. Truant of- ficers to in- vestigate violation? (a) The number refers to that in ( ). (b) See sections 311 and 312. SCHOOL LAW. Parents, notified etc. Power of arrest. Delinquents produced at court. As to fees [bid. Schedule »f fees. Ibid. By whom paid. violating any of the provisions of this article and also the parent, guardian or other person having charge and control of said child of the consequences of said violation if per- sisted in, and shall notify, in writing, such parent, guar- dian or other person to cause said child to attend school within five days from the date on which notice was served and regularly to attend thereafter, or every attendance officer shall have full police power to enforce the provi- sions of this act and shall have the power to arrest without warrant any vagrant child or habitual truant or any child who is habitually incorrigible or who is vicious or immoral in conduct or illegally absent from school. The sheriff and his officers and all police officers and constables shall assist all such attendance officers in the performance of their duties, and any keeper of a prison or jail or school or house of detention for juvenile offenders shall receive all juvenile delinquents or juvenile disorderly persons who shall be arrested by the attendance officers and shall pro- duce them at the next session of court to abide by the action of the court. 202. ( x 9-) No fees or expenses incurred in obtaining an age and schooling certificate or an age and working certificate shall be charged to or paid by any parent, guardian or other person having custody or control of any child for any services or proceedings had under this act. 203. (20.) 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 officer for serving process, Serving warrant, $0.75 And mileage at the rate of four cents per mile. Serving every subpoena or order, 0.25 Serving commitment, — „ 0.50 which fees shall be paid by the county collector or city, town or borough treasurer, as the case may be, and all fines collected shall be paid to said collector or treasurer for the use of said county, city, town or borough. SCHOOL LAW. 9'J No person who is paid a stated salary shall be entitled to or be paid any of the fees specified in this section. 204. (i.) Whenever there shall be certified to the Com- missioner of Education that there has been subscribed or donated a sum not less than nine hundred dollars for the purpose of paying the salary of a person to be known as county attendance officer of any county, said commissioner shall appoint, by and with the advice and consent of the State Board of Education, a suitable person to be known as county attendance officer for said county who shall perform such duties as shall be prescribed by rules and regulations adopted by the State Board of Education. The term of office of such county attendance officer shall be one year, but no person shall be appointed as such county attendance officer in any year until there shall have been certified to the commissioner that a sum sufficient to pay the salary of such officer, but not less than nine hundred dollars, shall have been subscribed or donated as aforesaid. 205. (2.) The county superintendent of the county in which a county attendance officer has been appointed shall, before making his apportionment of the school moneys, deduct from the amount of the railroad tax appropriated to his county the sum of five hundred dollars, which sum shall remain in the hands of the county collector and shall be available 'only for the payment of expenses incurred by the county attendance officer in the performance of his official duties, which expenses shall be paid by the county collector on bills duly certified by the Commissioner of Education. If at the time of making the then next ap- portionment of school moneys any balance of said five hundred dollars shall be and remain in the hands of the county collector said county collector shall certify to the county superintendent of schools the amount of said bal- ance and the county superintendent shall thereupon include said amount in the amount to be apportioned among the schools of his county in the then next apportionment. Salaried persons not feed. Ibid. County attend- ance officer. P. L. 1914, Chap. 137. Term. Salary. Deduction by county super- intendent. Ibid. Use of balance. IOO SCHOOL LAW. Article XVI. SCHOOL FUND. Trustees of school fund. P. L. 1903, Special session. Secretary of board. Ibid. Riparian lands part of school fund. Ibid. Income from leasies. Ibid. 'nvestmentg. iMd. 206. (166.) The Governor, the Attorney-General, the Secretary of State, the State Comptroller and the State Treasurer (a) are hereby constituted a Board of Trustees 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 from gift, grant, bequest or devise, which board shall be known as "The Trustees for the Support of Public Schools.'' 207. (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. 208. (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 re- ceived from the sales of such lands shall be paid to "The Trustees for the Support of Public Schools," and shall be invested by said board, and shall constitute a part of the permanent school fund of the state. 209. (169-) All leases which have been heretofore made, or which shall be hereafter made of such lands, 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. 210. (i/O.) Moneys belonging to the school fund shall 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 assessable valua- tion of all taxable property therein, and the interest thereof shall be a part of the income of said school fund. The (a) The Commissioner of Education is a member of the Board of Trustees. See section 8. SCHOOL LAW. 101 income of said school fund shall be used for the support of public schools, the payment of the salaries of the County Superintendents of Schools, the payment of premiums and accrued interest on bonds purchased by the "Trustees for the Support of the Public Schools." and for no other use or purpose whatsoever. An account of the management of said fund shall 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 services performed in pursuance of this article, (a) 211. 07 1 -) Said board shall not invest any part of the principal or interest of said fund in bonds secured by mortgage on lands except as hereinafter provided. 212. (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 foreclosure 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. 213. (i73-) 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 pur- chased 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 attend- ing such proceedings and sale, if any, shall be paid by the State Treasurer on the warrant of the State Comptroller. (a) 1. The trustees for the support of public schools are the cus- todians of the fund set apart for the support of public schools, free by constitutional provision from even the control of the legislature, except in the des'gnation of the mode in which the interest and divi- dends arising therefrom shall be applied for the support of public schools. For the purposes of the administration of the fund of which they are made custodians and of the rights and remedies upon or against the securities in which it is invested, the trustees are consti- tuted the representatives of the State. American Dock and Improve- ment Co. v. Trustees of Public Schools, 8 Stew. 181. 2. See sections 300 and 301. TTse of income. Annual accounting. Mortgage in- vestments. Ibid. Foreclosure. Ibid. ProTlto Purchase property at foreclosure sale. Ibid. Proviso. Payment of taxed costs. 102 SCHOOL LAW. Sale of real estate. Ibid. Loan on mortgage. Annual report to legislature. Ibid. Apportion- ment of fund. Ibid. Provision for deficiency. Change coupon bonds to registered. 1'. L. 1911, Chap. 236. 214. (I74-) 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 foreclosure 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 same to be secured by bond and mortgage on the premises so purchased, (a) 215. (T-75-) The State Treasurer shall make annually to said board on the first day of the annual meeting of the 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 arising from each class of securities, together with an account of the moneys in the treasury belonging to said fund. 216. (176-) There shall be annually apportioned and paid from the income of the school fund for the support 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 necessary to make up the deficiency shall be drawn 'from the State Treasury on the warrant of the State Comp- troller, which sum so drawn as aforesaid shall be replaced from the income of said school fund as soon as the same shall have been received. 217. (1.) 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 pur- chased, or now held or hereafter purchased by said trus- (a) A bond and mortgage given to the trustees for the support of public schools cannot be deducted from the valuation of real and per- sonal estate for which an individual shall be assessed for taxes. Montgomery v. Trenton, 11 Vr. 89. SCHOOL LAW. 103 tees, 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 pro- visions of this act. Within sixty days after the passage of this act every coupon bond in the possession of said trustees, and 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." Stamp coupon* on bonds now owned by stute. Article XVII. State tax. school STATE SCHOOL TAX. 218. (t-77-) F° r the purpose of maintaining free pub- ^ pr0 j£*** l0D lie schools there shall be appropriated each year from any fund - moneys in the State Treasury not otherwise appropriated special J J *• * . * session. such sum, not less than one hundred thousand dollars, as may be determined by the Legislature in the annual ap- propriation act; which sum shall be apportioned 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 determined 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 afore- said, a sum equal to two and three-fourths mills on each dollar of valuation of the taxable real and personal prop- erty in the state as exhibited by the last abstract of rat- ables from the several counties made out by the several boards of assessors and filed in the office of the State Rate of tax. f04 SCHOOL LAW. Apportion- ment by state comptroller. Statement furnished. Payments by county collector to state treasurer. Ibid. Penalty for failure to pay tax. Comptroller, which tax shall be assessed, levied, and col- lected at the same time and in the same manner as other taxes shall be assessed, levied and collected. The State Comptroller shall apportion said tax and appropriation among the several counties in proportion to the amount of taxable real and personal estate of said counties, respec- tively, as shown by the abstract of ratables as aforesaid, and he shall transmit on or before the first day of Feb- ruary 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 are apportioned, and the same shall be assessed, levied and collected according to law. (a) 219. (178.) Every County Collector shall pay to the State Treasurer the quota of the State school tax from his county on or before the twentieth day of January next after the assessment thereof. In case any collector or other officer having the custody of collected taxes 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 (a) 1. School taxes are to be levied and appled for the school year succeeding the assessment. Elisabeth v. Sheridan, 13 Vr. 64. 2. 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, 9 Vr. 302. SCHOOL LAW. 10 = apportion- ment from Btata tax. school moneys shall reapportion the amount of the re- serve fund so withheld among the several school districts in his county. Said County Superintendent of Schools Retention of 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 appropriate a sum sufficient for such purpose, and shall place the amount so borrowed in the next annual tax levy, (a) 220. (i/9-) 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 day 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 of the State school tax paid by said County Collector to the State Treasurer, and said County Collector shall Apportlon- reserve fund, ment of Ibid. (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, 13 Vr. 338. 2. A peremptory mandamus will issue for the payment of State and county taxes by a city where it has collected sufficient monevs for city, county and State purposes to pay such taxes. Shields v. Paterson, 26 Vr. 4Q 5. io6 SCHOOL LAW. Comptroller's warrant to county collector. Ibid. County collector to hold money in trust, fbid. 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 portion 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) 221. (180.) The State Comptroller shall draw his war- rant on the State Treasurer in favor of the County Col- lector 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. 222. (181.) The County Collector of each county shall receive and hold in trust that part of the State appro- 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) (a) See section 315. (b) 1. A county collector is not required or permitted to exercise any discretion as to how much of the State appropriation the several township collectors ; n 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 h : s township, is neither justified by the language nor con- sistent with the policy of our School laws. Herder v. Collector, etc., 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 townships 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 refuses to pay over school moneys. Herder v. Hunterdon, 7 Vr. 363. 4. A mandamus will be allowed for the payment of the county super- intendent's order for the State appropriation for public schools when the moneys have been applied for school purposes in the preceding year beginning January 1st. Elisabeth 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 apportioned to said town or township, for which the collector holds the order of the county superintendent, although the town treasurer or township collector may owe to the counly collector moneys due for State and county taxes. Plainiield v. Sheridan, r6 Vr. 276. SCHOOL LAW. 107 223. (182.) The board of education of each school dis- f^"^",,?,* to trict shall, on or before the fifteenth day of March in county ropei each year, certify to the county superintendent of schools p^'l.^ioV for the county in which such school district shall be situate, Chap- 141 ' and on the blanks furnished for that purpose by the Com- missioner 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 dis- trict other than that in which they reside, and for whom tuition fees shall have been paid by the board of educa- tion, specifying the grade in which each of said pupils shall have been enrolled during said year, and also the number of such pupils for whom transportation 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 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, (a). Apportion- ment of school moneys. Amount for supervising principal or city superin- tendent. (a) See section 98. io8 SCHOOL LAW. 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. Amount per pupil attend- ing high school in other dis- tricts. (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, (a) (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, (a) (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 edu- 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 been also employed in the day schools of the same district, the ap- portionment 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 de- (a) See section 3, div. IX. SCHOOL LAW. 109 partment 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 education. (k) Seventy-five per centum of the cost of transporta- tion 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 re- ceiving 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 temporary 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 department. II. He shall apportion to the several school districts of the county the remainder of said moneys on the basis 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 attend- ance. If a school in any district shall, on account of con- tagious 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' at- tendance upon such school for the time it shall have been closed as aforesaid shall be determined by dividing the Amount per pupil attend- ing schools in other district*) below high school grade. 75 per cent, of cost of transporta- tion. Proviso. Teachers in manual train- ing schools not Included. Apportion- ment on attendance. no SCHOOL LAW. Balance paid county collector. P. L. 190.".. Special session. Reappor- tionment. Pn • Iso 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 quotient thus obtained by the number of school days such school shall have been closed. 224. (183.) On or before the fifteenth day of Septem- 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 the 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 Superintendent of Schools shall thereupon reapportion such amount among all the school districts in said county. The sum thus re- apportioned shall be paid immediately by the County Col- lector to the several custodians of the school moneys of said districts on the orders of the County Superintendent of Schools, and shall be available for the then current school year. The sum thus reapportioned to any district shall be in addition to the sum apportioned to such dis- trict by the County Superintendent of Schools for said school year; provided, that the County Superintendent of Schools may, for good cause shown, allow any such bal- ance 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 Superintend- ent 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) (a) For railroad tax see sections 315 to 321. SCHOOL LAW. 1 1 1 Article XVIII. CUSTODIAN OF SCHOOL MONEYS. 225. (184.) In each school district there shall be a custodian of school moneys, who shall receive and hold in trust all school moneys belonging to such school district, whether received from the State appiopriation. 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- 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) 226. (i-) Nothing in the act to which this is a supple- ment shall make it necessary for the checks in payment of teachers' salaries to be signed by the custodian of school moneys of any city, but any checks signed by the Deputy Treasurer of such city, provided such Deputy Treasurer is bonded for the faithful performance of his Custodian <>t school moneys. P. L. 1903, Special Session. Orders. Proviso. Annual report. Who may sijrn teachers' checks. P. L. 1914, Chap. 205. (a) See foot-notes to section 102. 112 SCHOOL LAW. Custodian of school moneys. P. L. 1912, Chap. 2S5. Bonds of custodian. Appointment of custodian by hoard of education in certain cases. duties, shall be as valid and effectual as if signed by such custodian of school moneys himself. 227. (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 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 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 year, he shall remain and continue to be the custodian 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 cus- todian until the final settlement of his accounts ; nothing in this article shall be construed as giving to the town- ship 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 secretary of the board of education ; any ordinance, by-law or resolution of a town- ship 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 or- ders 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 education may appoint a suitable person as custodian of school moneys of said SCHOOL LAW. H3 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 re- quired 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 faith- ful 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 superintendent 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) 228. (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, (b) 229. (187.) Whenever there shall have been estab- 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 bends 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. Report of custodian to 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, etc., 5 Butcher 65. (b) A township collector is not required to pay over to the town- ship committee taxes which he is directed by the legislature to pay over to other persons or to reta : n in his own keeping as their official custodian. Hardyston v. Harden, 39 Vr. 76. Payment of moneys to custodian. P. L. 1903, Special Sinking fund. Ibid. H4 SCHOOL LAW. When school order* draw interest. Ibid. Penalty for custodian of school moneyB not making report. P. Ij. lOW. p. 329. 230. (188). Whenever any order for payment of the current expenses of a public school shall be drawn and 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. 231. (189.) If any custodian of the school moneys of 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- 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 uirisdiction. Article XIX. Title of normal schools. P. L. 1003 Special session. Kree tuition. Supervision. Ibid. STATE NORMAL SCHOOL. • 232. (190-) State normal schools shall be maintained for the purpose of training and educating persons in the 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. 233. (191-) The State Board of Education shall have the control and care of the buildings and grounds owned rmd used by the State for normal schools and of the funds for the support thereof; shall appoint and remove 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. SCHOOL LAW. 115 234. (192.) The State Board of Education shall ap- HE*™*'- 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 hereinafter pro- vided, shall be paid by the treasurer thereof upon the cer- tificate of said board. 235. ( r 93-) Said board shall order necessary repairs Repairs ana ... ... . Insurance. to the grounds, buildings and furniture of said normal ibid, 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. 236. (i94-) Each county shall be entitled to at least Pupils; six times as many pupils in such schools as it shall have declaration. . . T . , T Ibid. representatives in the Legislature. In case any county shall not have the full number of pupils to which it shall 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 Education, and that if they do not so teach they will refund to the State the cost of their education. 237. (ioO The State Board of Education may main- Model t_«jr 1 . v j j j ... schools.' tain model schools under regular teachers, in which pupils ibid, of the normal schools shall have the opportunity to ob- serve and practice approved methods of instruction and discipline. 238. (1.) The moneys collected by the State Board of Moneys «o m Education for tuition fees from the model school and £°*n al a * cnoo i a for board at the boarding halls connected with the State £ew l * 9 f™ at - normal and model schools, and paid into the State chap. 58. 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 f a, ^ e aot into the general fund of the State at the close of the State fiscal year, and shaft be paid out by the State u6 SCHOOL LAW. Purchases by contract o- in open market. Ibid. Normal School In county of the first class. P. L. 1913, Chap. 118. State Board of Education to control. Ibid. 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. 239. (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. 240. (1.) Whenever the board of education in any school district located in one of the counties of the first class shall offer to the State Board of Education the use of a building suitable for a normal school for the purpose of training and educating persons in the science of educa- tion and art of teaching, the said State Board of Edu- cation, if in its judgment the same is needed, shall es- tablish and maintain the same for the purposes aforesaid; 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 de located)"; tuition in said school shall be free. 241. The State Board of Education shall have control and care of said school in the same manner and to the same extent as said board has control and care of "The New Jersey State Normal Schools." Article XX. Name. P. L. 1903. Special' session. Free tuition. Control, teachers, etc. Ibid. NEW JERSEY SCHOOL FOR THE DEAF. 242. (196.) A school shall be maintained for the pur- pose of training and educating deaf children. The name and title of said school shall be "The New Jersey School for the Deaf." Tuition in said school shall be free. 243. (197.) The State Board of Education shall have the control and care of the buildings and grounds owned 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 and SCHOOL LAW. 117 regulations for the government and management of said school and for the admission of pupils thereto. 244. ( T o8.) All improvements, additions and repairs Maintenance 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- Advertise- ments fur vite proposals twice in each year, at intervals of six supplies. 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 superin- tendent. Said board shall award the contract to the lowest iwarii responsible bidder on each class or group of articles ad- vertised for, and shall require contractors to enter into suitable bonds for the faithful performance of said con- tracts. 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. 245. (i99-) Deaf persons of suitable age and capacity Qualifications for instruction who shall be legal residents of this State I1,kl - 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 Edu- cation shall determine; provided, that whenever more Proviso 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 shall be represented therein in the ratio of its deaf popula- tion to the total deaf population of the State. Application Application r r * l f'>r admission u8 SCHOOL LAW. 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 application to be accompanied by a certificate from the judge of the in- ferior 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 re- side, setting forth that the applicant is a legal resident of the township, city, borough or other municipality claimed as his or her residence, and the age, circumstances and capacity of such proposed pupil, and the ability or in- ability 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 ma y be made. f 30arc i sna ri ^ e satisfied that the resources 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 re- quire such parent or guardian to pay either the whole or such portion of the annual expense of maintaining such pupil as it shall deem just and equitable. 246. (200.) The State Board of Education shall ap- 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. When charge Treasurer. Ibid. Article XXI. Control of Bordentown school. Ibid. MANUAL TRAINING AND INDUSTRIAL SCHOOL FOR COLORED YOUTH. 247. (201.) The "Manual Training and Industrial School for Colored Youth" (now located at Bordentown) 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- SCHOOL LAW. I Ml 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. 248. (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 en- titled, pupils may be admitted from other counties. 249. (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 State treasury not other- wise appropriated. 250. (204.) The State Board of Education shall ap- point some suitable person treasurer of said school and shall fix his salary. Tuition free. Number of pupils. Ibid. Annual ap- propriation to Borden- town school. P. L. 1007, p. 285. Treasurer. 1'. L. 1903. Special session. Article XXII. MANUAL- TRAINING. 251. (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 dollars for the establishment in such district of a school or schools for industrial education or manual training, or for the pur- pose 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 Education, an amount equal to that raised therein as aforesaid, which amount shall be Appropriation. Ibid. 120 SCHOOL LAW. Proviso. Proviso. Custodian of funds. Additional managers. Ibid. Report. Ibid. paid by the State Treasurer on the warrant of the State Comptroller. Whenever such school or schools shall have been established in any district, or said industrial educa- tion 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 maintenance and support thereof a sum equal to that raised each year in the district for such purpose ; provided, that the course of study in industrial education or man- ual training established under the provisions of this sec- tion shall be approved by the State Board of Education; and provided further, that the moneys appropriated by the State as aforesaid to any school district shall not ex- ceed in any one year the sum of five thousand dollars. The custodian of the school moneys of the school district shall be the legal custodian of any and all funds sub- scribed, appropriated or raised for the purpose of carry- ing 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. 252. (206.) In case the sum necessary as aforesaid to obtain the State appropriation or any part thereof shall 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 sum not more than six persons to assist said board in the management of said school. 253. (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. SCHOOL LAW. 121 Article XXIII. SCHOOL LIBRARIES. 254-. (208.) The State Comptroller shall draw his war- District school ■ • \ / r libraries. rant on the State Treasurer upon the order of the Public p- l - i; > 14 . . Chap. ISC. Library Commission and in favor of the custodian of the school moneys of a school district for the sum of twenty dollars for any public school situate in such dis- Allowance. trict for which there shall have been raised by special district tax, subscription or entertainment a like sum to establish a school library, or to procure books of refer- ence, school apparatus or educational works of art ; and the further sum of ten dollars annually upon a like order, upon condition that there shall have been raised by spe- cial district tax, subscription or entertainment a like sum for the maintenance of such library for such year. 255. (200.) The Public Library Commission shall adopt E » le »» n<1 t.wv> v . 7 / .' 1 regulations. rules and regulations for the organization and manage- IWd - ment of such libraries, and for the use and safekeeping thereof, and all selections of articles aforesaid, purchased in part by State funds, shall be approved in such man- ner as said commission may by rule direct. 256. ( v) In any school district in which there is more control xo ' J library. than one schoolhouse, or in which there is maintained a iwd. public library the Public Library Commission may con- solidate and establish in one place the school libraries in such district. 257. (4.) Each school district may, in the manner pro- Additional J r sum for vided by law for making appropriations for the current libraries, expenses of the schools, appropriate such sums as may be necessary for the proper care and management of any library established under this act. 258. (5-) Any expense incurred by said commission in Payments, carrying into effect the provisions of this act, shall be paid by the State Treasurer, on the warrant of the State Comptroller, but no expense shall be incurred un- der the provisions of this section until an appropriation therefor shall have been made by the Legislature in the annual appropriation act. 122 SCHOOL LAW. Article XXIV. Support of teachers' libraries. P. L. 1003. Special Ri'SSIOU. Committee on selection. Ibid. TEACHERS LIBRARIES. 259. (211.) Whenever in any county there shall have been raised by subscription a sum of money not less 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 hun- dred dollars, upon condition that there shall have been raised by subscription a like sum for the maintenance of such library for such year. 260. (212.) The County Superintendent of Schools and three teachers of public schools in such county appointed 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. Trustees of retirement fund ; how composed. 1\ L. 1907. p. 365. Term. Article XXV. (a) teachers' retirement fund. 261. (213.) There shall be a Board of Trustees, to be Known as "The Board of Trustees of the Teachers' Re- tirement Fund." Said board shall be composed of the Commissioner of Education, three persons, not teachers, and not eligible to membership in said fund, to be se- lected by the Governor, and five persons members of said fund, nominated as is hereinafter provided. The eight persons so selected or nominated shall be appointed by (a) 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, 52 Vr. 135 and 55 Vr. 402. SCHOOL LAV/. 123 Vacancies. Office. Annual convention. Ibid. the Governor. Said trustees shall be appointed each for a term of four years, and in the 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 Gov- ernor as aforesaid, and until the next annual convention in case of a trustee nominated as is hereinafter provided. At said convention 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. 282. (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 its jurisdiction. Said convention shall be composed of Delegates, delegates from each county in the State, selected as is hereinafter provided. Said convention shall be called organization to order by the president of the Board of Trustees, and shall organize by the election of a chairman and a secre- tary. Each 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, Proviso, that each county shall be entitled to at least one delegate. Said delegate shall be elected by the vote of a majority county 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 Notice of. of the time and place of said meeting shall be issued by said County Superintendent at least ten days before the date of said meeting. Said meeting shall organize by organization, the election of a chairman and a secretary. Said secretary shall, within five days after said meeting, forward to the 124 SCHOOL LAW. County delegates. Officers of fund. Ibid. Proviso. Care of fund. Investments. D. S. se- curities. New Jersey bonds. I'.onds of other states. president of the Board of Trustees of the Teachers' Re- tirement Fund a certificate containing the names and ad- dresses of the delegates elected to the annual convention. In case of a vacancy in the 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 qualifications hereinbefore prescribed for dele- gates to such convention. A majority of all the delegates entitled to seats in said convention shall constitute a quorum for the transaction of business. 263. (215.) The officers of the Board of Trustees of the Teachers' Retirement Fund shall be a president, a vice-president and a secretary. The president and vice- president shall be members of the Board of Trustees, shall be elected annually on the second Saturday in October, and shall hold office for one year and until their successors shall be elected ; provided that their terms as officers shall not extend beyond their respective terms as members of said board. The term of office of the secretary shall be fixed by said board. Said board shall administer the fund hereinafter mentioned, and order all payments therefrom in the manner provided by this ar- ticle. Such portion of said fund as the Board of Trustees may from time to time determine may be invested in the following securities, being securities which are now au- thorized by law for savings banks. I. In stocks or bonds, or interest-bearing notes or obli- gations of the United States, or those for which the faith of the United States is distinctly pledged to provide for the payment of the principal and interest thereof. II. In the interest-bearing bonds of this State, or in any bonds authorized by the laws of this State to be issued by any commission appointed by the Supreme Court of this State by virtue of any law of this State- Ill. In the bonds of any State in the Union that has not, within ten years previous to making such investment, defaulted in the payment of any part of either principal or interest in any debt authorized to be contracted by any law of such State. SCHOOL LAW. 125 IV. In the bonds of any county, township, municipality or school district of this State issued pursuant to the authority of any law of this State; provided, such county, township, municipality or school district shall not, within the five years next preceding, have defaulted in the pay- ment of any part of either principal or interest of any legal debt or obligation thereof; and provided further, the total indebtedness of any borough and village does not exceed ten per centum of its assessed valuation, and such school district bonds are by law charged upon all the property of the inhabitants of such district; or in any interest-bearing obligation (other than obligations com- monly known as improvement certificates) issued by the city, county, town, township, borough or village. V. In the bonds of any city or county, or any other State of the Union, issued pursuant to the authority of any law of any such State ; provided, such city or county has not, within ten years previous to making such in- vestment, defaulted in the payment of any part of either principal or interest of any debt authorized to be con- tracted by any law of such State; and provided further, the total indebtedness of any such city or county is lim- ited by law to ten per centum of its assessed valuation. VI. In bonds secured by mortgages which shall be a first lien on real estate situate in this State, and worth at least double the amount loaned thereon, but not to exceed sixty per centum of the whole amount of the permanent principal of the fund shall be so loaned or invested; but in case the loan is on unimproved or unproductive real estate, the amount loaned thereon shall not be more than thirty per centum of its actual value; 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 committee 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 Municipal or school bonds. Proviso. Proviso. Other city in- state bonds. Proviso. Proviso. In bond and mortgage. Investments In real estate. 126 SCHOOL LAW. luvestinents as principal. Source of annuities. Fiscal year. Annual report. Expenses of fund met by state. Treasurer of fund. Ibid. 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 satisfaction 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 Com- missioner of Banking and Insurance, he shall extend 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, togethet with all moneys received by donation, gift, legacy, bequest, de- 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 begin on the first day of July and end on the thirtieth day of June. Said board shall present, at each 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 account 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 other expenses incurred by the Board of Trustes and by the State Treasurer in the administration of said fund shall be paid by the State Treasurer, on the warrant of the State Comptroller, upon orders signed by the president and secretary of said board. 264. (216.) The State Treasurer shall be, ex officio, 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 SCHOOL LAW. 127 acquittance of said treasurer for all payments from said fund. Said treasurer shall give receipts for all moneys received by him for said fund ; shall keep full and correct accounts of the financial transactions connected therewith, and shall make an annual report to the Board of Trustees, at its meeting in September, of the receipts and disburse- ments, and other financial transactions connected with said fund. 265. (si?-) 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 an- nuity 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 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 payments 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 account with the sum so withheld as full satisfaction of the amount owing the fund by said applicant. Application for re- tirement with annuity shall be filed with the Board of Trustees while the applicant is in actual service, or within Accounts kept and report. Annuitants. Ibid. Proviso. Amount paid in must equal annuity. Application for retire- ment. 128 SCHOOL LAW. Suspension of annuity. When mem- bership ceases. Deductions upon resum- ing teaching. Annuities paid quar- terly. Ibid. How fund constituted. Ibid. 2 per cent, from teachers of ten years or less. 2% per cent, from teachers between tea and fifteen years. two years after he or she shall have discontinued teaching or such other active employment as aforesaid. The de- cision of the Board of Trustees shall, subject to appeal to the State Board of Education, determine 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 renewed whenever evidence shall be presented to the Board of Trustees that such annuitant has again discontinued teaching or such other active em- ployment as aforesaid. Any member of said fund who shall discontinue teaching or such other active employment as aforesaid, for any cause other than by reason of having become incapacitated as aforesaid, shall cease to be a member of said fund; but upon resuming teaching or other active employment as aforesaid, the deductions thereafter made from his contractual monthly salary shall be based on his length of service in teaching or other active employ- ment as aforesaid at the time he resumes teaching or such employment. 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. 266. ( 2I 8.) 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. 267. (219.) The retirement fund herein provided for shall be made up as follows : I. Two per centum of the contractural 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 bcome members of the fund. Two and one-half per centum of the contractural 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 SCHOOL LAW. 129 less than fifteen years, when they became or shall be- come members of the fund. Three per centum of the contractural monthly salaries ?,,[)","",';,,., of all members of the fund who were or who shall have ^',,."^7" been teachers, or shall have been employed as is here- uu,,e - 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 Tot«i deduc- 1 tluna. 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 Qnartoriy Settlement! be reserved or deducted from each warrant or order for i»-« «■--., 1 t «■.-( »-Iht and salary given to each member of the fund by the Hoard fund: rr 1111 method. 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 deducted in favor of the custodian of the school moneys of the district or school in which such member shall be em- ployed, 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, to- gether with a list of the names, the monthly salaries, the amounts deducted, and the percentage rates respectively, of the persons from whose salaries the deductions represented thereby have been made. II. All moneys and property received bv donation, gift, otfts. iega- . . eles, etc. legacy, bequest, devise, or otherwise, for or on account of said fund. III. All interest on investments, and other monevs intent from Investment*. which may be raised for the increase of said fund, (a) 2SS (220.) Said Board of Trustees shall have power: Power of *-'-"-'■ > trustee*. I. To frame and modifv bv-laws for its own govern- n.1.1 .... . To make »>y- ment not inconsistent with the laws of ihis State; to elect u»-». choose officers, etc. (a) The deductions by section 219. P. L. 1907, p. 365. do noi con- stitute the taking of property without due process of law. or the taking of private property for public use without just compensation. Allen v. Board of Education of Passaic, 52 Vr. 135. * 3° SCHOOL LAW. Subpoena witnesses. Salary of secretary. Pay annuities. Proviso. Corporate name. Control of funds and securities. Waiver of present rights, and acceptance of this act. Ibid. its president and other officers, and to prescribe and en- force rules and regulations necessary to carry into effect the provisions of this article. II. To subpcena witnesses and compel their attendance to testify before it in all matters relating to the operation of this article, and any member of said board may ad- minister oaths or affirmations to such witnesses. III. To fix the salary and the term of office of secre- tary of said board. IV. To draw its warrants upon the State Treasurer 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 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 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 any of the securities in which any part of the said re- tirement fund may be invested, and any moneys belong- ing to said fund. 269. (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 : Form of waiver and acceptance. 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- SCHOOL LAW. 131 sions of an act entitled "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 nine- teenth, one thousand nine hundred and three," approved (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 notk-e° f fi tiled Education or other body by whom he or she shall be ^d. 8011001 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 ^tftn-d""^ fund, but who has not heretofore become a member, may ™*J iu ' m join said fund on or before the first day of January, one thousand nine hundred and nine, by signing and deliver- ing to the Board of Education, Board of Trustees, 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- Membership . . J of others. bership in said fund after this act shall take effect as shall give such notice on or before the first day of Janu- ary, one thousand nine hundred and nine. IV. Every person who shall be appointed to any posi- New a P- J * i A J *■ pomtees. tion hereinafter designated on or after the first day of January, one thousand nine hundred and eight, shall be- come a member of the fund by virtue of such appoint- ment; provided, this shall not apply to any member of the Proviso, fund, or to any person eligible to membership in said fund, prior to January first, one thousand nine hundred and eight, (a) 270. (222.) Any member of said fund who shall cease Notification 1 ' 1 i-i 11 ... ... of change of to teach or be employed in the school or position in which position, he or she shall have been employed, and who shall be (a) The provisions of this section become a part of the contract entered into by a person accepting, after January 1st, 1908, any pos tion designated in said article, by the mere fact of acceptance, and author- ize the deduction and detention, for the Teachers' Retirement Fund, of the percentage prescribed by the School Law. Allen v. Passaic, 52 Vr. 135 and 55 Vr. 402. 132 SCHOOL LAW. School boards to ascertain membership and i ! • ■• 1 1 1 « - 1 percentage. Ibid. Eligibility to membership. Ibid. Appropriation for expenses of teachers' retirement fund. P. L. 1905, Chap. U5. 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 contractural 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 Treas- urer. 271. (223.) It shall be the duty of all Boards of Edu- cation or Boards of Trustees, or other officers charged with the appointment or engagement of persons entitled to membership in the Teachers' Retirement Fund, to learn if a person so appointed or engaged is a member of 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- tractural monthly salary and remit the same to the State Treasurer as is hereinbefore provided. 272. (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. 273. (1.) 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 ex- penses 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 SCHOOL LAW. 133 Trustees of the Teachers' Retirement Fund under the direction of the State Treasurer; provided, that no ex- rroviso. 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 ex- provuo. penditure 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. 274. (225.) Teachers hereafter employed in any graded s ^" r, |* a of school in this State supported in whole or in part by p. '- 1903, State moneys shall receive salaries proportioned to their session, experience and success in the school district where they may be employed, such salary, in the case of every teacher whose experience and success have been properly certified to, to be not less than the amount provided for such teacher in the following schedule : Assistant teachers in primary and grammar schools and kindergartens : Assistants in prlmsiry, grniiiiniir and T , , . r , . , , klnileijriirten Less than two years experience, four hundred and department* 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 hun- dred 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; *34 SCHOOL LAW. Principal of grammar and primary schools. Principals of primary schools. Principals of primary de- partments. Vice-princi- pals of grammar and primary de- partments. 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 primary departments : Less than one year's experience as such principal, one thousand 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 ; Three years' and less than four years' experience, two thousand one hundred dollars per annum ; Four years' and less than five years' experience, two thousand two hundred dollars per annum ; Five years' and less than six years' experience, two thousand three hundred dollars per annum ; Six years' and less than seven years' experience, two thousand four hundred dollars per annum; Seven years' experience and upwards, two thousand five hundred dollars per annum; Principals of schools containing primary departments only : Less than one year's experience as such principal, one thousand two hundred dollars per annum ; One year's and less than two years' experience, one thousand three hundred dollars per annum ; Two years' and less than three years' experience, one thousand four hundred dollars per annum ; Three years' and upwards, one thousand five hundred dollars per annum ; Principals of primary departments shall be paid at the same rate as principals of schools containing primary departments only; Vice-principals, head assistants and first assistants of grammar and primary departments: Less than one year's experience as such vice-principal. SCHOOL LAW. '35 Assistants In high schools. head assistant or first assistant, nine hundred and ninety- six dollars per annum; One year's and less than two years' experience, one thousand and fifty-six dollars per annum; Two years' and less than three years' experience, one thousand one hundred and sixteen dollars per annum ; Three years' experience and upwards, one thousand one hundred and seventy-six dollars per annum ; Assistant teachers in high schools, male assistants : Less than one year's experience, one thousand five hun- dred dollars per annum ; One year's and less than two years' experience, one thousand six hundred dollars per annum, and for each year's experience thereafter at an additional salary of one hundred dollars per annum to not less than the sum of two thousand four hundred dollars per annum ; Female assistants in high schools : Less than one year's experience, seven hundred dollars > per annum, and for each year's experience thereafter, at an additional salary of one hundred dollars per annum, to not less than the sum of one thousand two hundred dol- lars per annum ; Vice-principals of high schools : vice-princi- , . pals of high Less than one year s experience, two thousand dollars schools, per annum, and for each year's experience thereafter, at an additional salary of one hundred dollars per annum to not less than two thousand five hundred dollars per annum ; Principals of high schools : Less than one year's experience as such high school principal, two thousand five hundred dollars per annum ; One year's and less than two years' experience, two thousand six hundred dollars per annum ; Two years' and less than three years' experience, two thousand seven hundred dollars per annum ; Three years' and less than four years' experience, two thousand eight hundred dollars per annum ; Four years' and less than five years' experience, two thousand nine hundred dollars per annum ; Five years' experience and upward, three thousand dol- lars per annum; Principals of high schools. 136 SCHOOL LAW. Teach org In tr.-ihilng sellouts. Critic teachers. rrlnclpnls of primary d« , I>fl ''t lll'Ml ts in training Schuuls. Teachers of tnethnils In training Schuuls. Principals of training schools. Prorlso. Proviso. Model teachers in model departments of training schools for teachers : In addition to the salaries herein provided for assistant teachers of primary and grammar schools, one hundred and fifty dollars, each, per annum ; Critic teachers of training schools for teachers: Two hundred dollars, each, per annum, as extra com- pensation ; Principal of primary department of training schools for teachers : Less than one year's experience, one thousand five hun- dred dollars per annum, and for each year's experience thereafter, at an additional salary of one hundred dollars per annum, to not less than the sum of one thousand seven hundred dollars per annum ; Teachers of methods or supervisors of methods of train- ing 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 experience is ap- proved as successful, be increased by adding thereto, an- nually, 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 increase 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 SCHOOL LAW. 137 salary paid to any principal or vice-principal hereafter ap- pointed 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 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 preceding schedule. 275. (226.) The Board of Aldermen, Common Council Referendum; a remittance of or other governing body of any municipality of this State Article 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 com- mencement 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 district and such district shall be bound by the terms of this article; persons entitled to vote at any election where this question is sub- mitted to them shall express their assent or rejection of this article in the manner provided in "An act to regulate elections" (Revision of 1808). There shall be a canvass M.«ie of v ■* ' declaring on the return of the votes upon the question of acceptance ace«-i>tuuce. 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 majority of the ballots shall be found to be in favor of the acceptance of this article it shall then, but not otherwise, go into effect and be bind- ing upon the school district situate in said municipality wherein such vote shall be taken. 276. (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- <" nii "« °" m , ' ° ■ p. IIS.'! I i' HI 01 sation to be paid to teachers and principals in the public ^' he ™ - Validating ai-li f district con- 138 SCHOOL LAW. schools, and to provide for the payment thereof, in the school district situate in such municipality, which statute was 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. Penaltj for Improper ■se of school moneyt Ibid I'rorlao Medical Inspector. P. L. 1009, «hap. 82. DuU«« MISCELLANEOUS. 277. (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 Education may remit such penalty. 278. (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. The medical inspector shall examine every pupil to learn whether any physical defect exists, and keep a record from year to year of the growth and develop- SCHOOL LAW. '39 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, instruct- ing 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 whose presence in the schoolroom shall be certified by 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 ex- clusion removed, such parent, guardian or other person shall be proceeded against and, upon conviction, be pun- ishable as a disorderly person, (a) 279. (230.) Every Board of Education shall procure a United States flag, flag-staff and the appliances there- 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. 230. (231.) The several counties in this State shall appropriate the interest of the surplus revenue to the sup- port of the public schools. 281. (232.) The Commissioner of Education shall pro- cure 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 Commissioner of Education shall make annually to the State Board of Exclude certain children. Flags for school- houses. P. L. 1903. Special session. Interest of surplus revenue. Ibid. Teachers' institutes. Ibid. Appropriation, (a) For other duties see sections 145, 150, 188, div. d, 190 and 192. 140 SCHOOL LAW. Nature of alcohol and Its i-nVclS tn light. IL.IU. Examination In plijslulufc'y. Ibid. Arbor day. Ibid. Arbor Day. P. L. I'.M2, Chap. 120. School exorcises. P. L. I!)03, Chap. 187. Education an itemized report of the expenses incurred in holding said teachers' institutes during the year for which said report shall be made. 282. (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. 283. (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 with special reference to the nature of alcoholic drinks and narcotics and their effects upon the human system. 284. ( 2 35-) 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 information, advice and instruction with reference to the day as he may deem necessary. 285. (1.) For the purpose of encouraging the planting of shade and forest trees, the second Friday of April in each year is hereby designated as a day for the general observance of such purpose, and to be known as Arbor Day. 286. (2.) On said day appropriate exercises shall be introduced in all the schools of the State, and it shall be the duty of the several county and city superintendents SCHOOL LAW. 141 to prepare a program of exercises for that day in all the schools under their respective jurisdiction. 287. (2^6.) In all public schools there shall be held on Patriotic the last school day preceding the following holidays, p. '- i'J03, . . . Slirciul namely, Lincoln's Birthday, Washington's Birthday, Dcco- session, ration or Memorial Day and Thanksgiving Day, and on such other patriotic holidays as shall be established by law, appropriate exercises for the development of a higher spirit of patriotism. 288. (i.) It shall be the duty of the principals and " ] , l ,8P 7 a ftnc f n ' teachers in the public schools of this State to make suita- s f ho r " l8 " 1907 ble arrangements for the celebration, by appropriate exer- cnap. 84. cises among the pupils in said schools, on the fourteenth day of June, in each year, as the day of the adoption of the American flag by the Continental Congress. 289. (2?7.) Whenever an execution shall be issued Payment of _ judgments against the Board of Education of a school district or of apainst a , m m sdinol a union-graded school by any court authorized to issue district. 1 ■ 1 , r p - !" ,no3 - the same, upon a judgment recovered either before or spec-tai 1 1 i* 1 • session. 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 Assessment. 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. 142 SCHOOL LAW. School census in districts. P. L. 1907, Chap. 118. Proviso. Enumeration. School year. P. L. 1903, Special session. Money specifically appropriated. Ibid. •■Article" defined. Ibid. Continuance of present officials. Ibid. 290. (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 Uniter 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. 291. (238.) The school year shall begin on the first day of July and end on the thirtieth day of June. 292. (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 Legis- lature in the annual appropriation act. 293. (240.) Whenever in this act the word "article" is used, it shall be construed as referring to the caption under which it is used. 294. (242.) The Commissioner of Education, the County and City Superintendents of Schools, the members of the Boards of Education who are residents of the ter- ritory 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 certificates 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. SCHOOL LAW. 143 of Article VI. Ibid. 295. (243.) The acceptance of the provisions of this l ™*™^™ ' act contained in Article VI. relating to Boards of Educa- tion in city school districts shall be submitted to the quali- fied voters of any town, township or borough at a gene- ral or municipal election to be held therein, whenever the town council, township committee or other governing bodv 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," ap- proved (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 municipality shall thereafter in all respects be governed by the pro- visions of Article VI. relating to city school districts, and the Board of Education therein shall have all the powers and duties given and imposed by the several provisions of said article. 296. (244.) The acceptance of the provisions of this act contained in Article VII. relating to Boards of Edu- cation in township, incorporated town and borough school ibid. 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 governing body of such city or the Board of Education of the school dis- trict situate in such city, 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 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 (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 adop- tion of the provisions of said article, the school district in Ref erpnrtiim , acceptance of Article 144 SCHOOL LAW. Validity of this act. Ibid. Gnvprnmont of schools. Ibid. Proviso. Bonds, regis- tered or rou pon. T. L. HMO, Chap. 214. School district may r<-11 honds to trus- tees for sup- port of public schools. Ibid. Proviso. such city shall thereafter in all respects be governed by the provisions of Article VII. relating to township, in- corporated town and borough school districts, and the Board of Education therein shall have all the powers and duties given and imposed by the several provisions of said article. 297. ( 2 45-) 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. 298. (246.) All school districts shall hereafter be gov- erned 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. 299. (1.) 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 manage- ment thereof," approved October nineteenth, one thousand nine hundred and three, may be registered or coupon, or both, as the governing body or board issuing the same shall determine. 300. (3-) It shall be lawful for the trustees or Board of Education of any school district in this State to nego- tiate with the Trustees for the Support of Public Schools 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 less than par, nor the rate of interest in excess of five per centum. SCHOOL LAW. 145 301. (1.) No school bonds shall be sold at private sale 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 Pub- lic 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. 302. (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- tem of free public schools, and to provide for the main- tenance, support and management thereof," approved Oc- tober 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 provisions of said article, notwithstanding such school district may have been established and organized under an act of the Legis- lature of the State of New Jersey heretofore declared by the courts to be unconstitutional. 303. (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 validated. 304. (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 bends issued or authorized to be issued in any such municipality for the purpose of borrowing moneys so appropriated, are hereby ratified, 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 municipality for school purposes and paid to the custodian of school moneys for such school district ; and provided further, Piil*' of school lliihclS. P. L. 1911, Chap. 235. Artlclo VI of school law applies to all school districts. V. L. 1909, Chap. 186. All act*, etc., Yii Diluted. Ibid. Appropria- tions vali- dated. Ibid. TroTiso. Proviso. 146 SCHOOL LAW. Use of ar- mories by school children. P. L. 1909, Chap. 93. Residence of members. P. L. 1910, Chap. 218. Attendance at Pnriiuui School. P. I.. 1910, Chap. 61. Amount to be paid by gchool district. Common drinking cup prohibited. P. L. 1911, Chap. 171. that the total amount of school bonds so issued or author- ized 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. 3C5. (1.) It shall be lawful for the commanding officer of the regiment having 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 unon the app'i- cation of the principal of the school, subject to such regulations as may be prescribed by said commanding officer. 306. (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 duly qualified to serve thereon, without regard to the place of residence in such city of the person so ?ppointed. 307. (i-) 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 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 Education, 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. 303. (1.) The use of the common drinking cup. an un- doubted source of communication of infectious diseases, is hereby prohibited in all public places within this Com- monwealth, and the State Board of Health shall have full authority to establish such reasonable rules and regula- SCHOOL LAW. 147 tions to make this prohibition effective as in their judg- ment seems wise and proper. 309. (2.) Whoever fails to observe the provisions of 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 exceeding twenty-five dollars for each offense. 310. (1.) The provisions of an act entitled "An act 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 a Civil Service Commission, and defining its powers and duties," approved April tenth, one thousand nine hun- dred and eight, are hereby extended and shall hereafter be construed to apply to all school districts of this State, as fully and completely as though the same had been in- cluded in the title and body of said act ; provided, how- ever, 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 qualified voters of such school district, in the manner provided by the thirty-first section of said act. 311. (1.) 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. 312. (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 reasonable notice to the Penalty. Ibid. Civil service applied to soIkioI dis- tricts. P. L. 1911, Chap. 346. Proviso. Tenure of truant officers in cities. P. L. 1911, Chap. 275. No dismissal except on charpes and hearing. Ibid. 148 SCHOOL LAW. Rales for employment of janitors. P. L. 1911. Cbap. 44. Removal of janitor. Ibid. Hearing. Distribution of State railroad tax for school purposes. P. L. 1913, Cbap. 341. Apportionment by State Comptroller. person charged, who may be represented by counsel at the hearing. 313. (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 pub- lic school janitors employed by such board not inconsist- ent with the provisions of this act. 314. (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 hear- ing 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 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. 315. (i.) The tax assessed in each year by virtue of the provisions of subdivisions one, three and four of section three of an act entitled "An act to revise and amend 'An act for the taxation of railroad and canal property,' 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 and 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 has been or shall be assessed, and such other sum or sums as said Comptroller had been or hereafter shall be directed to deduct therefrom by any law of this State, 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 SCHOOL LAW. 149 the first day of March, among the several counties by the State Comptroller in proportion to the amount of taxable property, real and personal, of said counties, re- spectively, as shown by the last abstract of ratables from the several counties made out by the several boards of assessors and filed in the office of said Comptroller. On Tlme ot pay . the first day of September next succeeding any such ap- Mh"ou!° portionment, the State Comptroller shall draw his war- rant on the State Treasurer, in favor of the county col- lector of each county for the portion of said moneys then in the hands of the State Treasurer to which said county shall be entitled under the provisions of this act ; and thereafter, in the event that any money shall be received into the treasury of this State for the purpose of pay- ment under the provisions of this act, and such sum shall be not less than ten thousand dollars, the same shall be distributed among the several counties in the same man- ner as other moneys are distributed under the provisions of this act. The money apportioned to any county by Apportionment virtue of the provisions of this act shall be apportioned by superintend- ^he 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. If in any year after the distribution of said tax among the several counties as is herein pro- vided, the amount of said tax shall be reduced by order of any court of this State, and by reason of such reduc- tion there shall have been paid from the treasury of this State a sum in excess of the amount finally determined as available for such distribution during such year, the Comptroller of the Treasury and the State Treasurer, their respective heirs, executors, administrators and assigns and the bond or bonds given by said Comptroller and Treasurer for the faithful performance of their duties shall not be held liable for any sum paid from the treasury of this State under the provisions of this act in excess of the amount finally determined as aforesaid, but said Comptroller, prior to making the then next annual apportionment as provided in this section shall deduct from the amount to be apportioned the sum paid from *5o SCHOOL LAW. Payment by railroads. Ibid. Comptroller to deduct from school fund amount appropriated for certain educational purposes. P. L. 1900, Chap. 63. the treasury of this State in excess of the amount which was finally determined as available for distribution under the provisions of this act, and the sum so deducted shall become a part of the general moneys of the State treasury. 316. (2.) In case any railroad company shall sue out a writ of certiorari to review any tax paid into the treasury of this State, a portion of which shall constitute the fund to be distributed in accordance with the provisions of this act, the amount of such taxes so sought to be reviewed by certiorari shall not be distributed as directed in this act, but shall be retained in the treasury of this State, unless the^ railroad company so paying shall deliver to the State Treasurer a certificate setting forth the amount which the said railroad company concedes to be due to the State of New Jersey, in which event the sum so con- ceded to be due to the State of New Jersey shall be in- cluded in the gross sum to be distributed as in this act provided. Such portion of the amount retained as afore- said as shall finally be determined to be due to the State of New Jersey shall be distributed in the manner pro- vided in section one of this act. 317. (i.) The State Comptroller, prior to the appor- tionment, on or before the first day of February, among the several counties of the State, of the fund devoted to the maintenance and support of a thorough and effi- cient 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," approved 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, SCHOOL LAW. 151 IThp of money deducted. payment liy stutp. V. L. 1011, Chap. 237. 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. 318. (1.) The State Comptroller is hereby empowered -rime of and directed to make distribution of the moneys assessed, levied and collected for the year one thousand nine hun- dred and eleven, 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 foi die maintenance, support and management thereof, approved October nineteenth, one thousand nine hundred and three,' approved April twentieth, one thou- sand nine hundred and six," as follows : 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 col- lected to that date. The Comptroller shall annually, here- after, make a similar distribution of all such moneys col- lected and which are distributed under said act, on the first day of September and on the twenty-fifth day of October, respectively, of the year next succeeding the year of their assessment. 319. (2.) If, hereafter, on the twenty-fifth day of October, in any year, any part of the taxes apportioned 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 payments aggregate five thousand dollars. 320. (3-) All moneys paid in accordance with this act shall be held by the official to whom paid in trust for Paympnt In Installments. Ibid. Custody and use of funds. P. L. 3900, Chap. 63. 152 SCHOOL LAW. ProTlso; Right to burrow In anticipation of taxes. Duty of state comptroller. Ibid. 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 and main- tenance of the free public schools of such municipality or school district; provided, however, that it shall be law- ful for the municipality or Board of Education 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 supple- ment, 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 dis- position of such money shall be made. Any person, or the members of any board, violating this act shall be guilty of a misdemeanor, (a) 321. (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. VOCATIONAL SCHOOLS. Definition of terms. P. L. 1913. Chap. 294. "Vocational education. " 322. (i-) The following words and phrases as used in this act shall, unless a different meaning is plainly re- quired by the context, have the following meanings: (a) "Vocational education" shall mean any education the controlling purpose of which is to fit for profitable employment. (a) See sections 62 and 97, d-v. XIV. SCHOOL LAW. »53 (b) "Industrial education" shall mean that form of vocational education which fits for the trades, crafts and manufacturing pursuits, including the occupations for girls and women carried on in work shops. (c) "Agricultural education" shall mean that form of vocational education which fits for the occupations con- nected with the tillage of the soil, the care of domestic animals, forestry and other wage-earning or productive work on the farm or in the garden or greenhouse. (d) "Household arts education" shall mean that form of vocational education which fits for occupations con- nected with the household. (e) "Industrial, agricultural or household arts school" shall mean an organization of courses, pupils and teachers designed to give industrial, agricultural or household arts education either as a separate school or as a department of a school maintained in the district. (f) "Evening class" in an industrial or agricultural school shall mean a class giving such training as can be taken by persons above the age of sixteen employed dur- ing the working day, and which, in order to be called vocational, must, in its instruction, deal with the subieet matter of the day employment, and so carried on as to relate to the day employment. (g) "Evening class" in a household arts school shall mean a class giving training in home-making to girls and women over seventeen years of age, however they may be employed during the day. (h) "Part-time or continuation class" in an industrial, agricultural or household arts school shall mean a voca- tional class for persons giving a part of their working time to profitable employment and receiving in the part- time school instruction complementary to the practical work carried on in such employment. 323. (2.) The Commissioner of Education shall investi- gate the necessity for the introduction of industrial, agricul- tural and household arts education, and report monthly to the State Board of Education and, subject to the ap- proval of said board and to such rules and regulations as it may make, superintend the establishment and main- "Tnrtustrtal ed ucatlon." "Agricultural education. " "Household art* educa Hon." "Industrial, agricultural or household arts school." "Evening class" in an industrial or agricultural school. "Evening class" In a household arts school. "Part-time or continuation class." Commissioner of Education to investigate the necessity for vocational education. Ibid. 154 SCHOOL LAW. Day nnd evening classes. Ibid. Districts way maintain vocational schools. Ibid. Dnion voca- tional school districts. School to be approved by Commissioner and State Board of Education. Ibid. Appropria- tions, how made. Ibid. Appropriation by state. Ibid. tenance of schools for the aforesaid forms of education and supervise and approve such schools as hereinafter provided. 324. (3-) In order that instruction in the principles and practice may go on together, industrial, agricultural and household arts schools may offer instruction in day, part- time and evening classes. 325. (4-) The board of education of any school district may establish and maintain industrial, agricultural and household arts schools, or two or more school districts may, as provided in Article XI of the act to which this act is a supplement, so far as the provisions of said article are not inconsistent with the provisions of this act, es- tablish and maintain such schools. The board of educa- tion of each of such schools established under the pro- visions of Article XI shall be a body corporate and shall be known as and called "The Board of Education of the Union Vocational School of the School District of and ( here insert the names of the districts) in the County of " (here insert the name of the county in which the school shall be located.) 326. (5-) Before any school shall be established as here- inbefore provided, the location and rules for the manage- ment of such school, the course or courses of study to be pursued therein, and all changes in said courses shall be approved by the Commissioner of Education, subject to the advice and consent of the State Board of Education. 327. (6.) Moneys for the purchase of land, erection, repair or improvement of buildings and the purchase of furniture and equipment for the use of any such school and for the maintenance and support thereof, shall be ap- propriated in the same manner as a district maintaining such school is authorized to make appropriations for the purchase of land, erection, repair or improvement of buildings and the purchase of furniture and equipment in the act to which this act is a supplement. 323. (7-) Whenever any school shall have been estab- lished as hereinbefore provided, there shall be paid to the custodian of schools moneys of the district maintaining SCHOOL LAW. 155 such school, on the order of the commissioner, an amount equal to that raised in said district for the establishment of such school, exclusive of the amount appropriated for the purchase of land or the erection of a building, which amount shall be paid by the State Treasurer on the war- rant of the State Comptroller, and annually thereafter there shall be paid in like manner an amount equal to the amount appropriated by the district for the current ex- penses of such schools ; provided, that the moneys con- tributed by the State for the support and maintenance of a school established as hereinbefore provided, shall not exceed in any one year the sum of ten thousand dollars. . 329. (8.) There may be established and maintained in any county in this State an industrial, agricultural or household arts school, to be known as the "Vocational School in the County of " (here insert the name of the county in which such school shall be located). The State Board of Education shall prescribe rules and regulations for the organization, management and control of such schools. 330. (9-) The location of every county vocational school, the course or courses of study to be pursued therein, and all changes in said courses shall be approved by the Commissioner of Education, with the advice and consent of the State Board of Education. 331. (10.) For each county vocational school there shall be a board of education consisting of the county super- intendent of schools of the county in which such school is located and four persons to be appointed by the judge of the Court of Common Pleas of such county. In mak- ing the first appointments to any such board said judge shall appoint one person to serve for one year, one per- son to serve for two years, one person to serve for three years and one person to serve for four years from the first day of November next succeeding the date of their respective appointments. The persons so appointed shall also serve from the date of their respective appointments until the first day of November then next ensuing. During the month of October in each year said Judge shall ap- point a member of said board of education to serve for County vocational schools. Ibid. County school to lie approved li.v Commis- sioner and State Board of Education. Ibid. Board of education of county vocational school; how appointed. Ibid. Terms of office. l5 6 SCHOOL LAW. Vncaiit y • Jualificatlons of members, [hid. Organization of board. I bid. Corporate title. Ibid. Powers of board. Ibid. Ciindrmn land. the term of four years to take the place of that member whose term shall expire on the first day of November then next ensuing. Any vacancy in such board caused by the death, resignation or removal of any member of such board appointed as aforesaid shall forthwith be re- ported by the secretary of said board to said judge, who shall, within thirty days thereafter, appoint a person to fill such vacancy for the unexpired term. 332. (n-) A member of a board of education created under the provisions of this act shall be a citizen and resident of the county and shall have been such citizen and resident for at least three years immediately preceding his or her becoming a member of such board. 333. (12.) Each board of education for a county voca- tional school shall organize annually on the first day of November by the election of a president and vice-presi- dent; provided, that if the first day of November shall fall on Sunday such board shall organize on the following day. 334. (i3-) The board or body having the control and management of a county vocational school shall be a body corporate, and shall be known as and called "The Board of Education of the Vocational School in the County of " (here insert the name of the county in which such school shall be located.) 335. ( T 4~) The board of education of a county voca- tional school shall have power : (I) To purchase, sell and improve school grounds, erect, lease, enlarge, improve and repair school buildings and to purchase school furniture and other necessary equipment. (II) To take and condemn land and other property for school purposes in the manner provided by law regu- lating the ascertainment and payment of compensation for property condemned and taken for public use. If either party shall feel aggrieved by any proceedings and award thereunder, said party may appeal in the manner pro- vided by law for appeals from such proceedings and award. (III) To insure school buildings, furniture and other school property, and to receive, lease and hold in trust SCHOOL LAW. 157 any and all real and personal property for the benefit of such school. (IV) To employ and dismiss principals, teachers, jani- tors, mechanics and laborers; fix, alter and order paid their salaries and compensation, and prescribe the course of study to be pursued in the school under its charge. (V) To appoint a treasurer, who shall not be a mem- ber of said board and fix his salary and term of office. Said treasurer shall give bonds in such amounts and with such sureties as said board shall determine. (VI) To make, amend and repeal rules, regulations and by-laws not inconsistent with this act, or the act to which this act is a supplement, or with the rules and regulations of the State Board of Education, for its own government, for the transaction of business, and for the government, and management of the school and school property under its control. (VII) To suspend and expel pupils from the school. (VIII) To provide text-books and other necessary sup- plies and apparatus. (IX) To adopt an official seal by which all its official acts may be authenticated. (X) To make an annual report to the Commissioner of Education on or before the first day of August in the manner and form prescribed by him. (XI) To appoint a secretary and fix his salary and term of office. 336. ( T 5-) No contract shall be entered into by the board of education of county vocational school, nor shall any bill or demand for money be paid until the same shall have been presented, duly verified by affidavit, and passed on at a regularly called meeting of the board. 337. (16.) Each board of education of a county vo- cational school shall, prior to the beginning of each year, cause advertisement to be made under such regulations as it may provide, for proposals for furnishing supplies re- quired in the school and by said board during the ensuing year. If other and further supplies shall be required dur- ing the year, they shall be purchased in like manner. No contract shall be entered into for the erection of any Employ teachers, etc. Appoint treasurer. Make rules. Suspend pupils. Text-books. Seal. Report. Secretary. Affidavits to bills. Ibid. Advertise for supplies. Ibid. 158 SCHOOL LAW. Proviso. Board of estimate; how consti- tuted. Ibid. Board of education to prepare budget. Ibid. Board of estimate to determine appropriations for current expenses. Ibid. building for the use of said school, or for enlarging or repairing a building already erected, except after advertise- ment made under such regulations as said board may prescribe; provided, that said board may at any time order repairs to buildings to an amount not exceeding five hundred dollars, and may authorize the purchase of sup- plies to an amount not exceeding two hundred and fifty dollars without advertisement. Text-books may be pur- chased without advertisement. No tid for erecting or repairing buildings or for supplies shall be accepted which does not conform to the specifications furnished therefor, and all contracts shall be awarded to the lowest responsible bidder. 338. (17O The board of school estimate of a county vocational school shall be constituted of two members of the board of education of such school, appointed by it, two members of the board of chosen freeholders of the county in which such school is situate, appointed by said board, and the judge of the Court of Common Pleas of said county. Said appointments shall be made annually be- tween the first and fifteenth days of January. In case of a vacancy occurring in such board by reason of the resig- nation, death or removal of any member thereof, such vacancy shall immediately be filled by the body which originally appointed such member, by appointing another of its members to fill such vacancy. The secretary of the board of education of such school shall be the secre- tary of the board of school estimate, but shall receive no compensation as such. 339. (18.) On or before the fifteenth day of May in each year the board of education of a county vocational school shall prepare and deliver to each member of the board of school estimate an itemized statement of the amount of money estimated to be necessary for the cur- rent expenses of and for repairing and furnishing such school for the ensuing school year. 340. 09) Between the fifteenth day of May and the first day of June in each year said board of school estimate shall fix and determine the amount of money necessary to be appropriated for the use of such school for the SCHOOL LAW. 159 Ibid. ensuing school year, exclusive of the amount to be re- ceived from the State as hereinafter provided. Said board of school estimate shall, on or before the last named date, make two certificates of said amount, signed by at least three of the members of said board, one of which certifi- cates shall be delivered to the board of education of said school and the other to the board of chosen freeholders of the county in which said school is situate. Said board of chosen freeholders shall, upon receipt of such certifi- cate, appropriate, in the same manner as other appro- priations are made by it, the amount so certified as afore- said, and said amount shall be assessed, levied and col- lected in the same manner as moneys appropriated for other purposes in such county shall be assessed, levied and collected. 341. (20.) Whenever a board of education of a county Appropriations vocational school shall decide that it is necessary to raise a „d buildings, money for the purchase of lands for school purposes, or for erecting, enlarging, repairing or furnishing a building or buildings for the use of such school, it shall prepare and deliver to each member of the board of school esti- mate 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 certificates shall be delivered to said board of education and the other to the board of chosen freeholders of the county in which such school is situate. Said board of chosen freeholders may appropriate such amount as other appropriations are made by it, and said amount shall be raised, assessed, levied and collected at the same time and in the same man- ner as moneys appropriated for other purposes in such county are raised, assessed, levied and collected ; or said board of chosen freeholders may appropriate and borrow such amount for the purpose or purposes aforesaid, and may secure the repayment of the sum so borrowed, to- gether with interest thereon at a rate not to exceed five per centum per annum, by the issue of bonds in the cor- porate name of such county. Bonds so issued shall be Duty of board of estimate. Duty of freeholders. Bonds. i6o SCHOOL LAW. State appro- priations. Ibid. I'rovtno School year. Ibid. designated "county vocational school bonds," may be reg- istered or coupon bonds, or both, of such denominations as the board of chosen freeholders may determine, and shall be made payable in not more than thirty years from the date thereof. Said bonds shall be sold at public or private sale, but not for less than par and accrued interest, and such county 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 a sinking fund for the retirement of said bonds at maturity, the bonds may be so issued that a stated equitable amount of them shall be- come due and payable in each year, beginning not more than ten years from date of issue and ending in not more than thirty 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 dur- ing that year. The proceeds of the sale of such bonds shall be deposited with the treasurer of the county voca- tional school and shall be paid out only on the warrants or orders of the board of education of such school. 342. (21.) Whenever any county vocational school shall have been established as hereinbefore provided, there shall be paid to the treasurer of such school, on the order of the Commissioner of Education, an amount equal to that raised in the county for the establishment of such school exclusive of the amount appropriated for the purchase of land or the erection of a building, which amount shall be paid by the State Treasurer on the warrant of the State Comptroller, and annually thereafter there shall be paid in like manner an amount equal to the amount appropriated by the county for the current expenses of such school; provided, that the money contributed by the State for the support and maintenance of any such school shall not exceed in any one year the sum of ten thousand dollars. 343. (22.) The school year for a county vocational school shall begin on the first day of November and end on the thirty-first day of October. SCHOOL LAW. 161 344. (23.) The State Comptroller, prior to the appor- *5*™* u tionment, on or before the first clay of February, among Jj£oST«. the several counties of the State of the fund devoted to Ibid - 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," approved April twen- tieth, one thousand nine hundred and six, shall deduct from the sum so to be apportioned, in addition to any other sums to be deducted from said fund by virtue of the provisions contained in any law of this State, the amounts certified to him by the Commissioner of Educa- tion as necessary for the payments under the provisions of this act for the then ensuing school year, which pay- ments shall be made therefrom. 345. (24.) Whenever in the judgment of the State Board of Education, the management and control, equip- ment, methods of instruction, attendance of pupils or per capita cost of maintenance, based upon the average daily attendance, is so unsatisfactory as to make the continu- ance of any school established under the provisions of this act unwise, said commissioner shall notify, in writ- ing, the board of education having the control and man- agement of such school that the approval of such school has been withdrawn, and it shall be unlawful to expend any moneys received from the State for the support of such school after the end of the school year next suc- ceeding the date of the withdrawal of the approval of . such school. At the end of the school year following the withdrawal of the approval of a school as is herein pro- vided, any balance of moneys received from the State under the provisions of this act shall be returned to the State treasury. 346 (2O The total amount expended under the pro- Limit of «~»" v J ' c expenditure. visions of this act shall not exceed in any one year the sum of eighty thousand dollars. Withdrawal of approval of school. Ibid. Ibid. 1 62 SCHOOL LAW. SUMMER SCHOOLS FOR TEACHERS. Schools; bow estab- lished. P. L. 1913, Chap. 310. Rules. Ibid. Expenses. Ibid. State appro- priation from railroad tax. Ibid. 347. (i-) Summer schools for the purpose of training and educating persons in the art of teaching elementary agriculture, manual training, household economics and such other subjects as the State Board of Examiners shall prescribe, shall be established and maintained in such places as shall be designated by the State Board of Ex- aminers and approved by the State Board of Education. The course or courses of study for each of such schools shall be prepared by said State Board of Examiners and the Assistant Commissioners of Education and approved by the State Board of Education. 348. (2.) Rules and regulations for the organization, maintenance and management of such schools shall be prepared by the State Board of Examiners, subject to ap- proval by the State Board of Education. 349. (3-) All expenses incurred in establishing and maintaining such schools which are to be paid out of moneys appropriated under the provisions of this act shall be paid by the State Treasurer on the warrant of the State Comptroller, on bills approved by the Commissioner of Education. 350. (4-) The State Comptroller, prior to the appor- tionment, on or before the first day of February, 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, approved April twen- tieth, one thousand nine hundred and six," shall deduct from the sum so to be apportioned, in addition to any other sums to be deducted from said fund by virtue of the pro- visions contained in any law of this State, the amount appropriated in the annual appropriation bill for the maintenance of such schools. No expense shall be in- SCHOOL LAW. 163 curred under the provisions of this act until an appropria- tion therefor shall have been made in the annual appro- priation bill. SPECIAL SCHOOLS FOR DEPENDENT AND DELINQUENT CHILDREN. 351. (1.) The board of education of any school district in this State may establish and maintain a special school of instruction for the purpose of restraining, instructing and caring for dependent and delinquent children under sixteen years of age, committed to said school by any court for the trial of juvenile offenders. A special school of instruction shall be deemed to be a part of the public school system of the school district in or by which it has been established. 352. (2.) Such special school shall receive, restrain and instruct dependent and delinquent children, and children under the age of sixteen years, who shall be habitual truants, or habitually insubordinate, incorrigible or disorderly during their attendance at school, committed to such school by any court for the trial of juvenile offenders. If in the judgment of said court the best interests of a child demanded that such special school should have the entire charge and control of such child, said court may take the custody of such child from its parents or guardian and give it, for an indeterminate period, to the board of education having control of such special school. When in the judgment of said board the conduct of such child has so improved that it should be permitted to attend the regular public schools, it may return such child to the custody of its parents or guardian. Any child, under the age of sixteen years, arrested for any cause except murder or manslaughter, and pupils habit- ually truant or incorrigible, may, by order of the court for the trial of juvenile offenders, be held in said school until final judgment. 353. (3.) A special school of instruction shall be con- ducted for the well being and safe custody of children committed thereto, and for their training and education School dls- trii-is may • stnl'lish RfllOilU. I*. L. 1913, Chap. 340. Restrain and Instruct de- pcncli'iit and (li-liii'|iicnt Child rrn under sixteen. Ibid. Industrial training. Ibid. 1 64 SCHOOL LAW. Children from other districts admitted. Ibid. Commitment of children. Ibid. for good citizenship and self-support. There shall be ample ground for farming and gardening, and shops and other means for industrial training shall be provided. The school shall, as far as possible, be conducted as a home. There shall be a superintendent and such teachers and other employees as may be necessary for the proper con- duct of the school. The superintendent shall reside in the school. Teachers in such schools shall be required to hold such certificates to teach as are required by teachers in the public schools. 354. (4-) Children who are dependent and delinquent, or who are habitually truant or incorrigible, or who shall be found by the court to require special instruction, and who reside in a school district in which there is no special school of instruction may, in the manner prescribed in the second section of this act, be committed to a special school of instruction maintained in another district. The board of education of the district in which any such child shall reside and the board of education of the district main- taining the school to which such child shall be committed shall determine the amount to be paid for the education and maintenance of such child, and the board of education of the school district in which such child resides shall issue an order, which order shall be payable from any funds available for current expenses, for said amount in favor of the custodian of school moneys of the school district maintaining the school to which such child shall have been committed. If said board cannot agree as to the proper amount to be paid for the education and main- tenance of such child, said amount shall be determined by the State Board of Education. 355. (5-) Whenever a person shall be committed to said school the judge making the adjudication shall make in- quiry into the family conditions and circumstances sur- rounding the delinquent ; if, in his opinion, the parents of such delinquent are of sufficient ability to maintain him, the judge may include in the order of commitment an order requiring the parent of such delinquent to pay to the board of education of the district such sum toward the support, maintenance and clothing of such delinquent, SCHOOL LAW. 165 as in the discretion of said judge may be proper. The order for such payment may be enforced by attachment as for a contempt of the said court. 356. (6.) At the end of each school year a special re- Report to port for each special school of instruction shall be made r Education. to the State Board of Education in the manner and form prescribed by it. 357. (7-) The superintendent of any special school of n p p° r t to instruction shall, at any time, when required so to do, IWd - present to the court for the trial of juvenile offenders, a report concerning the conduct and maintenance of such schools, and the number of pupils therein and such other information as the court shall demand. 353. (8-) Any moneys available for the current expenses Appropria- of the public schools in a district in which a special school ibid.' of instruction has been established may be used for the current expenses of such school. 359. (9.) Monevs for the purchase of land, the erection Lands and _ J J x # t buildings. of buildings, the enlarging or repairing of buildings, and u>id. the purchase of furniture and other necessary equipment for special schools of instruction, shall be appropriated in the same manner as moneys are now appropriated for the erection and furnishing of schoolhouses. 360. (10.) Rules for the government and management Kuiea. of a special school of instruction, and the course or courses of study to be pursued therein shall be prescribed by the board of education of the school district in which such school shall be established. Said rules and courses of study, and any change therein, shall be submitted to the State Board of Education for approval. 361. (ii-) If, in the judgment of the board of educa- Location •11 1 1-1 ot sch ° o1 - tion, it will best serve the purposes of the special school ibid. of instruction, said board may purchase land and locate such school outside the school district. 362. (12.) A special school of instruction shall not be Approval by established, nor its location determined without the ap- of" Education, proval of the State Board of Education. Ibld ' 363. (13-) This act shall take effect immediately. Pro- Ropeaier. vided, that nothing in this act shall be construed to alter, fbid" 30 ' amend, change or diminish any existing powers of juvenile t66 SCHOOL LAW. courts under the act to which this act is a supplement, or any other act, or to commit any child under sixteen years of age to any school or house of detention or other insti- tution, or otherwise. STATE FEDERATION OF DISTRICT BOARDS OF EDUCATION. Federation c' school boards. P. L. 1014, Chap. 129. Delegate. Ibid. Scope of powers. Ibid. Officers. Ibid. Rules and regulations. Ibid. Expenses. Ibid. 364. (i-) All boards of education of the various school districts of this State shall constitute a "State Federation of District Boards of Education." 365. (2.) The said district boards of education shall an- nually select a member of said board as a delegate to said State federation. 366. (3-) The said State federation shall have full power to investigate such subjects relating to education in its various branches as it may think proper, and it shall be its duty to encourage and aid all movements for the improvement of the educational affairs in this State. 367. (4-) The said State federation shall have power to select such officers as may be necessary for the transaction of its business. 368. (5-) The said State federation shall have power to make, amend and repeal rules, regulations and by-laws for its own government and guidance not inconsistent with the act to which this is a supplement. 369. (6.) For the purpose of defraying the necessary expenses of said State federation the various district boards are hereby authorized and empowered to pay the necessary expenses as may be incurred by its delegates, and to appropriate annually a sum not exceeding ten dollars for dues, to be paid by the custodian of school moneys of such school district to the treasurer of said State federa- tion. MISCELLANEOUS LAWS. 167 Miscellaneous Laws. INDUSTRIAL SCHOOLS. 370. (i-) Whenever any board of education, school committee or other like body of any city, town or town- ship in this State 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 sub- scriptions of citizens, or otherwise as hereinafter author- ized, for the establishment in any such city, town or town- ship, of a school or schools for industrial education, 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 lo- cality as aforesaid for the said subject, and when any such school or schools shall have been established in any lo- cality as aforesaid, there shall be annually contributed by the State, in the manner aforesaid for the maintenance and support thereof a sum of money equal to that contributed each year in said locality for such purpose; provided, how- ever, that the moneys contributed by the State as afore- said to any locality shall not exceed in any one year the sum of seven thousand dollars. 371. (2.) All moneys raised and contributed as afore- said shall be applied under the direction of the Board of Trustees, organized as hereinafter provided, to the estab- lishment and support of schools for the training and edu- cation of pupils in industrial pursuits (including agricul- ture),, so as to enable them to perfect themselves in the several branches of industry which require technical in- struction. Bum appro- priated by state equal to amount contributed by localltv. P. L. 1906. Chap. 20. ProTlae. Money to ba api'Mi'd undar direction of tmateaa. Ibid. i68 MISCELLANEOUS LAWS. Local tax. Ibid. Trustpps of Industrial schools. P. L. 1R93, Chap. 294. Powers. Treasurer. 372. (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. 373. (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 appointed 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 years, 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 ap- pointment in like manner for the unexpired term only; the said Board of Trustees shall have control of the build- ings and grounds owned and used by such schools, the ap- plication of the funds for the support thereof, the regula- tion of the tuition fees, the appointment and removal of teachers, the power to prescribe the studies and the exer- :ises of the school and rules for its management, to grant certificates of graduation, 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; they shall report annually to the State and local Boards of Education their own doings and the pro- gress and condition of the schools. (a) Amended by section 375. MISCELLANEOUS LAWS. 169 374. (5-) The said trustees shall receive no compensa- tion for their services, but the expenses necessarily in- curred by them in the discharge of their duties shall be paid upon the approval of the Governor. 375. (6-) The trustees of schools for industrial educa- tion, 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 live years as now required by law. 376. (7-) The Board of Trustees of the schools for in- dustrial education, provided for and organized under the act to which this is a supplement, be and they are hereby 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. 377. (i-) Whenever in any city of this State the board of trustees of schools for industrial education shall acquire by deed, gift, grant, devise or otherwise, the sum of one hundred thousand dollars, to be expended for the purchase of land and erection and equipment of a building or build- ings 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 con- tributed by voluntary subscriptions of citizens, or other- wise, as hereinafter authorized, for the establishment in said city of a school or schools for industrial education, it shall be 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 Compensatlou. Term of office of trustees. P. L. 1896, Chap. 48. Trustees of Industrial schools created bodle* corporate. P. L. 1890, Chap. 9. State ap- propriation towa rd local industrial schools. P. L. 1909, Chap. 78. 170 MISCELLANEOUS LAWS. Proviso Ewect suit- able build- ings. P. L. 1907, Chap. 222. Proviso Bond issue, rwa. Amount. Time and rote Kinking fund provision. city as aforesaid, there shall be annually contributed 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, hozvever, that the moneys contributed by the State as aforesaid shall not exceed in any one year the sum of ten thousand dollars. 378. (i.) 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 consent 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 exceed the sum of fifty thousand dollars. 379. (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 Education Construction Bonds," said bonds to be disposed of at not less than their par value, and shall be payable at the expiration of not more than twenty years after 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 com- MISCELLANEOUS LAWS. 171 missioners of the sinking fund of said city for the pur- pose 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 countersigned by the city comptroller, in payment of the purchase price of any land purchased by said trustees, and the cost of erec- tion of any building or buildings, structure or structures thereon for the use of a school for industrial education within the corporate limits of such city. P. L. 1907. p. 124. School board. Ibid. 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: 380. (i.) The board of inspectors of the State Prison school at ..... 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. 381. (2.) Said school shall be under the supervision and control 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 In- spectors, 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 Proyiso. 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. 382. (3.) The State Prison School Board shall make jjjj"- necessary 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 terms J u e d Ch b e c r 8 ki of employment, purchase the necessary text-books, appa- MISCKI.l WKOl'S LAWS. - TV.vhors' qualification. Ibid. Wbo m ay tesob. tl Kee] -■'Ut. IMd. Expenses uu't bi s . Ibid. - Annual Ibid. ratus and supplies, and proscribe the course of study to be pursued in said school. Said course of study shall pro- le an elementary education, equivalent to that provided by similar courses of study in the public schools in this rhe course of study and any changes therein shall mitted to the State Board of Education for its ap- val. and no course of study shall be established until appro; ed by said board. 333. (4.) No teacher receiving a salary for services sh ill be employed in such school who does not possess a tificate of qualification issued under rules prescribed by the State Board of Education. 384. (5.) The head teacher shall not be an inmate of sa I prison. Inmates of said prison may. with the ap- . in writing, of the principal keeper, be appointed as assistant teachers. 385. (6.) No inmate of said prison shall be admitted as a pupil in said school except upon the written consent of the principal keeper. 386. (7.) The expenses incurred by the Board of In- spectors in providing and maintaining a school-room or school-rooms, or for the purchase of school furniture and equipment, shall be certified to the State Comptroller by I 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 provisions of this act. when properly certified as aforesaid, shall be paid on the warrant of said Comptroller out of any moneys in the Treasury not otherwise appropriated : prozided. that no expense shall be incurred under the provisions of this I until an appropriation therefor shall have been made in a regular appropriation bill. 387. (8.) The State Prison School Board shall report to the Board of Inspectors annually, on or before the fif- teenth day of November, in regard to all matters com- mitted to its care, and shall transmit a copy of said report to the State Board of Education. MISCELLANEOUS LAWS. Wi f'.r f.ark P. I.. IW2, Cbap. 388. '''•J Whenever the board of education in any city ' of this Mate 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 he lawful for such board of education to transfer and convey such lands to such city, without any consideration being paid therefor, for use hy such city as a public park or playground, and such lands, when transferred and conveyed, shall thereafter be in the cha- and under the control of the hoard or body having cha" and control of the public parks of such city and may be improved by su< h board or body. •389. (2.) No transfer or conveyance of lands shall be Land, how made until the board of education shall have adopted a tmutema. It>id. 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. 390. (i.) In any borough or other municipality in this ^'"^^'p State where the board of education thereof has been or mtmicipi shall hereafter be authorized bv vote of the qualified voters '"• nominal . . . num. of such borough or other municipality at an election held p. l. : b l J Chap. IJ for that purpose to acquire land and erect thereon a new schoolhouse and to dispose of an old schoolhouse and the lot of land on which the same is erected, and the borough or other municipality in which said old schoolhouse 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 schoolhouse and the lot of land upon which it is erected to the borough or other mu- nicipality by its corporate name for a nominal considera- tion ; provided, however, the lines of the municipality are Fnriw. co-extensive with the lines of the school district and a resolution, requesting such conveyance, shall have first 174 MISCELLANEOUS LAWS. been passed by a vote of a majority of all the members of the council or other governing body of the municipality and a resolution, authorizing such conveyance, shall have been passed by a vote of a majority of all the members of such board of education. unused 391. (i.) It shall be lawful for any board of education ings may be of any township in this State, by resolution adopted by a township. ' two-thirds vote of the members of said board of educa- ciiap'. 49.'' 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 municipal purposes. Remodeling 392. (2.) It shall be lawful for any township committee and use of . such building, of any township to which any school building may be trans- ferred, to alter and remodel said building, to remove 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 un- expended balances or funds in the possession of the town- ship committee. Appointment of students for agricul- tural college. P. L. 1S67, Chap. 169. AGRICULTURAL COLLEGE. 393. (i.) It shall be the duty of the county superinten- dent, at such time and place as the Commissioner of Edu- cation may appoint, to examine such candidates for state scholarships at the agricultural college as may present themselves, and the candidates shall be subjected to such examination as the faculty of the said college and the Com- missioner of Education shall prescribe ; and the candidates who shall receive certificates of appointment to the agri- cultural college in any one county shall be those who ob- tain, on such examination, the highest average for scholar- ship ; and the number of certificates thus granted shall in no case exceed the number of state scholarships to which such county is entitled, (a) ( a ) Each county is entitled to as many students as it has representa- tives in the legislature. P. L. 1864, Chap. 369, § 10. MISCELLANEOUS LAWS. 175 394. (1.) In order that the students in the schools in all parts of the state may receive the stimulus afforded by 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 gratuitously to students, residents of this state, in its several courses of study, as special courses of advanced study in the public school sytem 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 assembly to which such county is entitled, to be selected and designated as here- inafter provided, who shall receive gratuitous instruction in any or all of the prescribed branches of study in any of the courses of study of said state college, under the gen- eral powers of supervision and control possessed by the board of visitors of said state college. Said students so received shall be residents of this state, and shall be ad- mitted into said state college upon the terms and subject to the rules and discipline 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 ap- plicants may, in the discretion of the board of visitors of the said State Agricultural College, be received on any vacant 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. 395. (2.) Said students shall be selected as follows: A competitive examination, under 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 ex- penses 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 College, shall be paid by said State College; students who apply for examination shall be examined upon such subjects as Number of nebula rshlpS. P. L. 1005. Chap. 90. As many as members of assembly . Students 011 vaennt scholarships. Selection of students. P. L. 1909, Chap. 20. When exam- ination held. Subjects. 176 MISCELLANEOUS LAWS. Certificates issued by state commis- sioner of education. Amount per student. P. L. 1905, Chap. 90. Proriso. President of college to certify number of students. Ibid. 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 col- lege and to the Commissioner of Education the names of all such students examined as in their opinion are suitably prepared to enter said college, with their estimate of the order of excellence in scholarship shown by said students at such preliminary examination; certificates of appoint- ment to the State Agricultural College shall be issued by the Commissioner 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 re- ceive all such successful candidates, preference in appoint- ing to vacant scholarships shall be given to successful candidates in the order of the excellence of their exami- nation 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. 396. (3-) Each student so appointed and admitted to said college shall be regarded as holding a state scholar- ship, 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 for such scholarships shall not exceed fifteen thousand dol- lars, (a) 397. (4.) I" order to ascertain the number of scholar- ships for which payment shall be due as aforesaid, the president of said college shall in the month of October in 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 (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 con- stitutional provision against pr vate, special or local legislation, or by reason of the further provision "that no donation of land or appro- priation of money shall be made by the state or any municipal cor- poration to or for the use of anv society, association or corporation." Rutgers College v. Morgan, 41 Vr. 460. MISCELLANEOUS LAWS. 177 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 the presi- dent of the board of visitors of the State Agricultural College, shall be plenary evidence of the number of schol- arships for which payment shall be due, 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 accordingly be entitled, and the State Treasurer shall pay the same as soon as proper appropriation shall have been made therefor. 398. (i.) 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. 399. (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 ; production and handling of milk and cream, the manufacture of butter and cheese ; the growth of fruits, berries, management 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. 400. (3-) Said' department shall be provided with suit- able buildings for stock judging, butter making, milk test- ing and lecture-rooms; said buildings shall be equipped with the necessary apparatus and machinery for carrying out the specific instruction provided for in section two. 401. (4-) Said trustees shall employ to conduct this de- partment competent instructors of the necessary education and scientific acquirements, who shall teach the theoretical and practical part of the subjects herein provided for. 402. (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 Approval. Establish short courses. P. L. 1905, Chap. 55. Subjects of instruction. Ibid. Buildings and appa- ratus. Ibid. Instructors. Ibid. Appropria- tion. Ibid. i 7 8 MISCELLANEOUS LAWS. Proviso. maintenance of said department, as provided for in the first four sections of this act for the current year, and then shall be appropriated from the same fund the sum of six thousand five hundred dollars annually hereafter, begin- ning on the next succeeding year for the salaries, supplies and all other expenses for the maintenance of said de- partment ; provided, that such sum or sums shall first be appropriated in the annual appropriation bill. FREE LECTURES. Boards of education may provide. P. L. 1SU5, Chap. 48. Purchase necHSsa ry apparatus, etc. Ibid. No Bdmisslon fee to be charged. Ibid. 403. (i.) 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 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. 404. (2.) The said boards of education shall have the power to purchase books, stationery and other things necessary and expedient to successfully conduct said lec- tures, which it shall have the power to direct. 405. (3-) No admission fee shall be charged, and at least one school in each ward or subdivision of each city or municipality, 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 March 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. Board of education may tiiHurp school pr.ip.Tty In city Insurance fund. P. L. in«2, Chap. 253. 406. (1) Where in any city of this State a municipal insurance 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 MISCELLANEOUS LAWS. 179 Bates of insurance. Ibid. buildings and school properly of such school district shall be insured in the municipal insurance fund of the city. 407. (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 of 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 such 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 commissioners 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. 408. (3-) All moneys received by the commissioners investment . , , , ., .. 111 .of premiums, for premiums on school buildings and school property in- ibid, sured in the municipal insurance fund of the city, except so much as may be necessary to pay premiums upon insur- ance placed upon any such school buildings and school property with insurance companies as provided in section two of this act, shall be invested by the commissioners with the moneys of the municipal insurance fund and in the manner provided for the investment of such moneys. 409. (4-) In case the school buildings and other school Ap prnprta property of the district in 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 advisable, appro- priate additional sums of money to the municipal insur- ance fund of the city from moneys under its control not otherwise appropriated, or by raising such sums in the tions for municipal insurance fund. Ibid. i8o MISCELLANEOUS LAWS. Method Of insuring school buildings. Ibid. Boards of education liable for injury to employees. P. L. 1913, Chap. 145. Proviso. Proviso. Payments; how made. Ibid. tax levy for the years in which they are severally appro- priated. 410. (5-) Each school building and the contents thereof shall be insured in the municipal insurance fund separately and for definite and determined sums respectively, except 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 company, 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 ad- justed by a commission of adjustment, consisting of a commissioner of the municipal insurance fund, the presi- dent of the board of education of the school district and the chairman of the finance committee of the common council or the president of the board or body of such city having control of the finances. 411. (i.) Every employee who shall be in the employ of the State, county, municipality or any board or com- mission, or any other governing body, including boards of education, within this State, shall be compensated under and by virtue of section two to which this act is a sup- plement; provided, however, that no person receiving a salary greater than twelve hundred dollars per year, nor any person holding an elective office shall be entitled to. compensation; and provided further, that nothing herein contained shall be construed as affecting any pension fund now or hereafter provided by law. 412. (2.) When any payment shall be due under the provisions of this supplement or the act to which it is a supplement, the name of the injured employee, or in case of his death, the names of the persons to whom payment is to be made as his dependents, shall be carried upon the pay roll, and payment shall be made in the same manner and from the same source in which and from which the wages of the injured employee were paid. In event that any extraordinary payment larger than the weekly rate of compensation shall be due, such payment shall be made MISCELLANEOUS LAWS. 181 from any fund available for the maintenance or incidental expenses of the institution, department, board or govern- ing body under and by which the employee was employed. 413. (i.) For the purposes of this act the term "quali- r> e flnition. fying academic certificate" shall be taken and deemed to c' hap ' j^ 4 ' be any certificate issued by the Commissioner of Educa- tion certifying that the person to whom the same shall be issued has had the preliminary academic education re- quired by the rules of the Supreme Court or by any law of this State at the time such certificate is issued for admission to an examination for license to practice law, medicine, dentistry, chiropody, pharmacy, or for license as a certified public accountant, and for any other pro- fession or vocation for which a certificate of academic education, issued by the Commissioner of Education, is now or may hereafter be required by law or by the rules of the Supreme Court. , 414. (2.) Every person desiring a "qualifying academic fjr'' certla" certificate" shall make application therefor in the manner j 8 .^; and form prescribed by the Commissioner of Education and shall, at the time of filing such application, pay to said commissioner the sum of two dollars. If the cre- dentials and evidence submitted by an applicant are not Examinatlon - sufficient to entitle him to such certificate without an examination in one or more academic subjects, such ap- plicant shall, before he begins such examination, pay to said commissioner the further sum of three dollars. 415. (3-) The Commissioner of Education shall keep a noceipt. care true and correct account of all moneys received by him f"nd 8 u e under the provisions of this act, and between the first and fifth days of each month deposit with the State Treasurer all such moneys received by him during the then preced- ing calendar month. The moneys deposited with the State Treasurer under the provisions of this act shall not become a part of the general funds of the State, but shall be held as a special fund to be used only for the payment of ex- penses incurred by the Commissioner of Education in car- rying out the provisions of this act, and such expenses shall be paid by the State Treasurer on the warrant of 1 82 MISCELLANEOUS LAWS. Rules and regulations. Ibid. Admission of blind persons to institutions for higher education. P. L. 11112. Chap. 336. Proriso. Appropria- tion to assist students. Ibid. Institution to be in this State. Ioid. Payments. Ibid. the State Comptroller on bills duly certified by the Com- missioner of Education. 416. (4-) The Commissioner of Education shall make and prescribe rules and regulations necessary to carry this law into effect. 417. (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 grant degrees, other than an institution established for 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. 418. (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. 419. (3.) It shall be necessary in every case for any such student to receive his or her tuition from a college, university, technical school, or professional school, estab- lished and located within the State of New Jersey. 420. (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, university, technical or other school, upon his presenting an account MISCELLANEOUS LAWS. 183 showing the actual number of blind students matriculated and attending the institution of which he is treasurer, which account shall be verified by the president of any such institution. 421. (5-) It shall be necessary for every college, uni- versity, technical or other school in which any blind stu- dent is matriculated to furnish to the Commissioner of 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 col- lege, university, technical or other school, or that any of such students are not taking advantage of the opportuni- ties provided for him or her by the terms of this act, then in each such case, if it shall be the judgment of the Com- missioner of Education that the aid and assistance offered and provided by this act shall be denied and withdrawn from any such student, then the same, on the recommenda- tion 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. 422. (i.) No school or institution of learning con- ducted within this State shall hereafter confer any degree or degrees until the terms and conditions of such degree or degrees shall first be submitted to and approved of by the State Board of Education of the State of New 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. 423. (2.) Any person or corporation violating any of the 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. Reports. Ibid. School or Institution of learning to confer de- grees only on terms ap- proved by State Roard of Education. T. L. 1912, Chap. 315. Penalty. Ibid. 1 84 MISCELLANEOUS LAWS. rx^mpt sch00ls 424. (3-) Nothing in this act contained shall apply to ibid. an y sc hool or schools conducted under the public school system of this State. Persons injur- ing school property or disturbing schools disorderly. Extract from an act entitled "An act concerning disorderly persons" (Revision of 1898). 425. (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 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 children attend- ing such school, or any teacher therein, shall be deemed and adjudged to be a disorderly person. Penalty for bribery. Penalty for officers having an interest in furnishing supplies. Ibid. Extracts from an act entitled "An act for the punishment of crimes" (Revision of 1898). 426. (28.) Any member or officer of any state, county or city government, or any member of any public board, association 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 ap- pointment or selection of any person or persons to any position in any department of any public body aforesaid, shall be guilty of a misdemeanor, and shall be punished accordingly, and be forever thereafter disqualified from holding any office of profit, trust or emolument in this state. 427. (29.) Any employe or person having the whole or partial 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 of a misdemeanor. MISCELLANEOUS LAWS. 185 428. (30.) Any person who shall directly or indirectly give, or receive, or promise, contract or agree to give or receive, 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, connected with, or in or appertaining to, any office or department of the government of this state, or any office or department of the government of any county, city, town, township, borough or other place in this state, shall be guilty of a misdemeanor. 429. (31-) Any person or persons, board or body charged with or having the control of any State office, de- partment or institution, any board of chosen freeholders, or any township committee, or any board of aldermen, or common 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 mem- ber thereof who, shall disburse, order or vote for the dis- bursement of public moneys, in excess of the appropria- tion respectively to any such board or committee ; or which board or committee, or any member thereof, who shall incur obligations in excess of the appropriation and limit of expenditure provided by law for the purposes respec- tively 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 of expenditure as now or hereafter appropriated, and limited by law, shall be jointly or severally guilty of a misdemeanor; provided, nothing herein shall prevent any board of education from keeping open the public schools. 430. (3 2 -) Any member of any board of chosen free- holders, or any township committee, or any board of edu- cation in any school district, or any board of aldermen or common council in any city, or any board of commissioners of any county, township, city, town or borough in this state, who shall be directly or indirectly concerned in any Penalty for bribery. Ibid. Disburse- ments or in- curring obliga- tions in ex- cess of ap- propriation a misdemeanor. P. L. 1914, Chap. 219. Proviso. Officials not to be inter- ested in con- tracts for buildings or supplies. P. L. 1907. p. 292. i86 MISCELLANEOUS LAWS. Manner of advertising and receiving proposals. Revision of 1908. agreement or contract for the construction of any bridge or building of any kind whatsoever, or any improvement 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, borough or school district, as the case may be, and iuny other party, or who shall be directly or indirectly interested in furnishing any goods, chattels, supplies or property of any kind whatsoever to or for the county, township, city, town, borough or school district, the contract or agreement for which is made or the expense or consideration of which is paid by the board, council or committee of which such member is a part, shall be guilty of a misdemeanor. 431. (33-) When bids or proposals for supplies or for public works or 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 freeholders, common councils, boards of works or other bodies having control of the counties, cities or other mu- nicipal 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 proceed 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 ses- sion, shall receive such bids, and thereupon immediately proceed to unseal the same and publicly announce the con- tents in the presence of the parties bidding or their agents, providing said parties 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 previous 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 mis- demeanor. MISCELLANEOUS LAWS. 187 STATE BOARD OF CHILDREN S GUARDIANS. 432 (1.) There shall be appointed by the Governor state board seven persons, two of whom shall be women, who shall be guardians; > i- e aintoluttni'nt known as the state board of children s guardians, two 01 and term. r , . , , V. L, 1895, whom shall hold office for two years, two for four years chap. 165. and three for six years, as shall be indicated by the Gov- ernor on making their appointment, and thereafter all ap- pointments, 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 their time or Expenses met services but the actual and necessary expenses of each of them while engaged in the performance of the duties of his or her office. 433. (2.) In case of the death or resignation of any J'"j" nc,e " member, 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. 434 (O Said board of children's guardians shall have Power ami and it is hereby vested with power to adopt a seal and un- reasonable 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 children 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 officers as it may deem necessary; said board shall fix their compensation, subject to the ap- proval of the Governor, and the amount paid for com- pensation of such agents and other officers shall not ex- ceed the sum appropriated by the legislature for the pur- pose. 1 88 MISCELLANEOUS LAWS. Further duty. P. L. 1902, Chap. 160. F'rovlso. Proviso. Visitations. P. L,. 1895, Chap. 165. Reports. 435. (4-) It shall be the duty of the state board of children's guardians, when any child shall become a public charge, to place such child in the care of some family within this state, with or without the payment of board, and with 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 period in which the state board of children's guardians is seeking such family 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 domini 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 hundred and seventy-four." 436. (5-) It shall be the duty of the state board of chil- dren'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. 189 437. (6.) The county board of chosen freeholders of the respective counties of this state shall annually here- after 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 adjudged to be a public charge, and who shall become thereby wards of the state board of children's guardians; said sum shall not be less than one dollar and fifty cents per week for each child. 438. (7-) It shall be the duty of the proper officers in any county, township, borough, city or other municipality in any county in the state having jurisdiction to provide in 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. 439. (8-) It shall be the duty of every overseer of the poor or other officer in any borough, city, county, town- ship or other municipality in any county in the state, hav- ing 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 information as such officer has been able to ascertain; upon such com- mitment being made by such officer as aforesaid, such child or children shall immediately become the ward or wards of the state board of children's guardians, 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 to its custody, and which right of guardianship shall supersede any right of the parents of said child, so far as its custody is con- cerned ; but said board may surrender 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 Funds pro Tided by chosen freo- holders. Ibid. Provisions for expenses In annual budget. Ibid. Duty of overseer of poor. P. L. 1902 Chap. ieo. Wards of state guardians. 190 MISCELLANEOUS LAWS. Children placed as soon as possible. T. L. 1895. Chap. 165. Retnrn children to parents. Ibid. Until effective organization Is completed. Ibid. Remain as guardians. Ibid. Act. how construed. Ibid. parent or parents are of good moral character and capable of maintaining said child ; and said keeper of the alms- house or other institution shall, within forty-eight hours after such child is placed in his care, notify said board of children's guardians of the presence of said child in said almshouse or institution. 440. (9-) It shall be the duty of the state board of chil- dren's guardians, upon receipt of the notice of the com- mitment of any child as hereinbefore provided, to place such child or children in the manner hereinbefore pro- vided 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 within thirty days, when surrender is demanded. 441. (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 maintenance of such child or children or of sufficient ability to do so. 442. (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. 443. (12.) The state board of children's guardians shall remain the guardian of all children indentured, bound out or put forth, who may now be or may hereafter become public charges. 444. (13-) This act shall be construed liberally and for the benefit of any child or children so becoming ward or wards of such state board of children's guardians as afore- said. MISCELLANEOUS LAWS. 191 An Act to provide for instruction in preventing accidents. Be it enacted by the Senate and General Assembly of the State of New Jersey: 445. (*•) It shall be the duty of each teacher in public, Tenotien. in 1 1 • 1 c r xt t pnlillc and private and parochial schools in the State of New Jersey private spools , ..... . . , to Instruct to devote not less than thirty minutes in each two weeks pupils how to during which such school is in session to instructing the dents. pupils thereof as to the ways and means of preventing chap! 269.' accidents. 446. (2.) The State Commissioner of Education, act- ivst-booi™. ing in conjunction with the members of the Employers' Liability Commission and the director of the American Museum of Safety, shall cause to be prepared and pub- lished at the expense of the State, a handbook or manual on accident prevention, conveniently arranged in lessons or chapters adapted to the understanding of the various class grades, for the purpose of the instructions provided for in the preceding section, and shall furnish a copy there- of to each teacher required to give such instructions. 447. (3-) At least once during each school term arrange- lectures, ments shall be made by the principals of all schools for the delivery by a duly authorized representative of the American Museum of Safety of a lecture on accident pre- vention and industrial, home and school hygiene, the cost of which to be paid by the State. 448. (4.) The local boards of education, school di- i^w to t* rectors, trustees or other persons having control of the manual. schools of cities, villages, townships or other civic sub- divisions of territory, whether the same be public, private or parochial, shall cause a copy of the next three preced- ing sections to be printed in the manual or handbook pre- pared for the guidance of teachers where such manual or handbook is in use. Rules and Regulations PRESCRIBED BY THE State Board of Education 193 Rules Relating to Certificates. GENERAL REGULATIONS. i. No person shall be employed as teacher, principal or supervisor by any Board of Education in this State, unless at the time he begins teaching 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. Any person accepting a position as teacher in any school shall, before entering upon the duties of such position, exhibit his certifi- cate to the County Superintendent of Schools or the City Superin- tendent of Schools of the county or the city in which such school shall be situate. Article VIII, section 113, of the School Law (P. L. 1903, Special Session), provides that "No teacher shall be en- titled to any salary unless such teacher shall be the holder of an appropriate teacher's certificate." It shall be the duty of the Super- vising Principal of any district, or in case there is no Supervising Principal, of the principal of any public school in this State under supervision of the County Superintendent, and any City Superin- tendent in district having no board of examiners, to ascertain if teachers assigned to said school or schools have complied with the requirements of law regarding certificates, and to report promptly to County Superintendent such information about certificates as may be legally required. Any neglect to report as aforesaid shall be reported by County Superintendent to Commissioner of Education, who shall take such action as he may deem proper. No salary shall be paid a new teacher until he or she presents to the secretary of the board of education of district in which said teacher is employed, a signed statement from the County Superin- tendent of Schools to the effect that said teacher is legally authorized to teach and receive public school money for services when rendered. 2. Any applicant for a certificate shall be at least eighteen years of age, shall file testimonials as to moral character, a physician's 195 196 RULES AND REGULATIONS. certificate that an applicant is in good health and free from any disease or physical defect that will interfere with his or her success as a teacher, and in case of previous experience, testimonials as to his or her success in teaching, and shall also present a written state- ment giving the places in which he or she has taught and terms of service in each. (Certified copies of testimonials will be accepted in lieu of originals.) 3. Applications for State Certificates should be filed through the County Superintendent, with the State Board of Examiners, at least one month prior to the date of the examination. 4. No certificate, granted upon examination, shall be issued to any person whose percentage in any subject covered by the exam- ination shall fall below seventy per cent. 5. An applicant to have his certificate renewed or made per- manent shall secure a testimonal of success from his County or City Superintendent, who shall file the same with the State Board of Examiners. 6. Certificates in force July 1, 191 1, and June 14, 1913, 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 permanent such certificates the State Board of Examiners shall be governed by the rules in force at the time the certificates were originally granted. 7. Certificates to teach in New Jersey may be issued as follows : (a) State Certificates issued by the State Board of Examiners, valid in any school district in the State, for the grades covered by said certificates. (b) City Certificates issued by City Boards of Examiners in cities where there are such boards, valid only in the city where they are issued. (c) City certificates or diplomas issued to graduates of city nor- mal or training schools, valid only in the city where they are issued. 8. The State Board of Examiners shall issue State Certificates of the following classes : Elementary, Secondary, Supervisors, Special, Vocational and Provisional. 9. The State Board of Examiners may, under Rules and Regula- tions prescribed by the State Board of Education, revoke for cause any certificate granted by any Board of Examiners. RULES AND REGULATIONS. 197 DEFINITIONS FOR FURPOSES OF CERTIFICATION. 10. A Kindergarten School is a school for children "over the age of four and under the age of seven years." (Article XII, School Law). 11. An Elementary School is a school in which there are any or all of the first eight years of work exclusive of the kindergarten. 12. A Secondary School is a school in which there are any or all of the four years of work following the elementary school. 13. A Vocational School is a school organized for the specific purpose of providing vocational education as authorized in Chap. 294, P. L. 191 3. 14. The term "year" shall mean a period of not less than nine months of twenty school days each. 15. 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 elemen- tary or high schools. It does not include Supervisors of special departments, as Manual Training, Kindergarten, etc. DATES AND PLACES. 16. There shall be two stated examinations for State Certificates each year. Said examinations shall be held on the first three Sat- urdays of November and on the last three Saturdays of April, re- spectively, 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 Examiners at such times and places as said Board may determine. STATE CERTIFICATES. 17. State Certificates may be obtained either by endorsement or by examination. I. By Endorsement: In lieu of examinations the State Board of Examiners will ac- cept, only on terms of reciprocity : (a) The diploma of a State Normal School of another State, provided that such Normal School diploma covers work equivalent to that required in this State for a Normal School diploma, and 198 RULES AND REGULATIONS. provided further that the entrance requirements for such Normal School shall have been the equivalent of those required for admis- sion to Normal Schools in this State, 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. (b) A permanent State certificate granted in another State on examination, provided that such State certificate covers work equiva- len to that in this State for the grade of certificate for which appli- cation is made. The State Board of Examiners will also accept: (c) The diploma of an approved college for the subjects covered by said diploma, subject, however, to the specific requirements of the various classes of certificates hereinafter described. (d) A New Jersey county certificate other than special, or a State certificate for the subjects included in said certificate, pro- vided such certificates shall have been in full force and effect in this State within five years next preceding the date of the stated exam- inations for teachers' certificates; and (e) Any credit heretofore given by any County Board of Exam- iners for any certificate other than special ; and (f) Subject to the specific requirements of the various classes of certificates hereinafter described, records from approved Universi- ties or Colleges, Technical Schools or approved Summer Schools, of the satisfactory completion of a course of study in any subject required for any grade of certificate, provided the record of the same be submitted under seal or affidavit of the institution. II. By Examination: All applicants for State Certificates by examination shall pass examinations in all subjects prescribed, except in those subjects from which they have been exempted by endorsement in accordance with the provisions under Section I, Rule 17, of this Manual. EXAMINATIONS FOR CERTIFICATES. 18. The order in which the subjects shall be taken at an examina- tion shall be determined by the State Board of Examiners.* *For schedules see after rule. - RULES AND REGULATIONS. 199 ELEMENTARY CERTIFICATES. 19. After September 1, 1914, the applicant must have had three years of a course in an approved High School or the equivalent; and after September 1, 1915, must be a graduate of such school or must have had an equivalent education. 20. Limited. An applicant for a Limited Elementary Certificate, upon examination, shall, unless exempted in accordance with the provisions of Rule 17, Section I, of this Manual, be examined in the following subjects: Orthography, Reading, Geography, United States History, English Grammar, English Composition, School Management, Penmanship, Arithmetic, including Business Drawing. Forms, Physiology and Hygiene, includ- ing Health Exercises, 21. This certificate shall be valid for one year from the beginning of the school year in which the applicant begins to teach, at the end of which it may be renewed without examination for two years. 22. This renewed certificate may be again renewed for a further term of two years, provided, the applicant shall have received credit either by examination or by endorsement for at least four required and two elective subjects prescribed for a Permanent Elementary Certificate. (See Rule 24, subdivision b). 23. A Limited Elementary Certificate shall entitle the holder to teach in any Elementary School, but not to supervise instruction. 24. A Limited Elementary Certificate may be made permanent, (a) After three years (from date of issue) of successful teach- ing in this State, and after an examination in the following required subjects, unless exempted in accordance with the provisions of Rule 17, Section I : Psychology, Manual Training, Civics, General History, including the History of Education, History of Greece and Rome. Literature, including Literature Elementary School Physics, for the grades, 20O RULES AND REGULATIONS. and any three of the following electives: Botany, Chemistry, Vocal Music, Zoology, Agriculture, Plane Geometry, Elementary Algebra, Advanced U. S. History, and any one of the following may be taken as one of the three electives : Latin, German, French. (b) After five years (from date of issue) of successful teaching in this State, provided that at the expiration of the first three years the applicant shall have received credit, either by examination or by endorsement for at least four required and two elective subjects prescribed for a Permanent Elementary Certificate, and in addition shall, during the next two years, receive credit by examination or endorsement for each of the remaining subjects, as prescribed above. 25. A Permanent Elementary Certificate shall entitle the holder, (a) To teach in any elementary school, (b) To supervise teaching in any elementary branch of study, (c) To supervise any elementary department, (d) To be the Principal of any elementary school that is under a City Superintendent, (e) To be the Principal of an elementary school or the elemen- tary schools of a district employing not more than nine assistant teachers and not under a local Superintendent or Supervising Prin- cipal. SECONDARY CERTIFICATES. 26. An applicant for a limited secondary 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 or the equivalent. In addition the applicant shall be re- quired to pass an examination in such of the following subjects as are not covered by such diploma or certificate: (a) The subject or subjects to be taught, RULES AND REGULATIONS. 201 (b) School Management and Methods of Teaching, with special reference to Secondary Education, (c) History of Education, (d) Psychology with special reference to teaching, (e) Physiology and Hygiene. All these subjects may be taken at the first or second examination after the issuing of the Provisional Certificate unless the applicant is exempted in accordance with the provisions of Rule 17, Section I, or at the option of the applicant they may be taken as follows : (a) The subject or subjects to be taught and also Physiology and Hygiene must be passed or credit obtained at the first examination after the issuing of the Provisional Certificate. (b) School Management and Methods of Teaching with special reference to Secondary Education, at the second examination after the issuing of the Provisional Certificate. (c) History of Education, Psychology and School Management and Methods of Teaching with special reference to Secondary Edu- cation, if the applicant failed to pass in a previous examination or has not received credit as above provided, at the third or fourth examination after the issuing of the Provisional Certificate. If the plan outlined in subdivisions 1, 2 and 3 of this rule is chosen by the applicant and he fails to secure a passing mark or credit by exemption in all subjects at the final examination, the Provisional Certificate lapses and the applicant is barred from further examina- tion for one year. 27. A Limited Secondary Certificate shall be valid for one year from the beginning of the school year in which the applicant begins to teach, at the end of which time it may be renewed without exam- ination for two years. 28. A Limited Secondary Certificate shall entitle the holder to teach in any branches and department of a secondary school, in- cluded in his certificate, but in no other subjects, and does not en- title the holder to supervise instruction. A Limited Secondary Certificate also entitles the holder to the privileges of the Limited Elementary Certificate. 29. A Limited Secondary Certificate may be made permanent without examination, after three years of successful teaching. 30. A Permanent Secondary Certificate shall entitle the holder, (a) To teach and supervise in any of the branches and depart- ments of a secondary school included in his certificate, 202 RULES AND REGULATIONS. (b) To be the principal of any secondary school that is under a city superintendent, (c) To be the principal or supervisor of a school or district em- ploying not more than nine assistant teachers, not having a super- intendent. A Permanent Secondary Certificate also entitles the holder to the privileges of the elementary certificate.* SUPERVISORS CERTIFICATE. 31. There are two kinds of Supervisors Certificate?: (a) Limited, (b) Permanent. 32. An applicant for a Limited Supervisors Certificate, (a) Shall be at least twenty-five years of age, (b) Shall hold a New Jersey Permanent Elementary or Per- manent Secondary Certificate, or the equivalent thereof, (c) Shall have had at least five years' experience in teaching, (d) Shall have been Principal or Supervisor of a school or schools employing at least five assistant teachers, for at least one year, (e) Shall present testimonials of his executive ability from the County or City Superintendent and the President or District Clerk or Secretary of the Board of Education under which he has been employed, (f) Shall pass an examination in School Organization, including New Jersey School Law, unless the applicant is exempted in ac- cordance with the provisions of Rule 17, Section I. 33. A Limited Supervisor's Certificate may be made permanent after three years of successful experience as a supervisor, without examination. 34. A Supervisor's Certificate, either Limited or Permanent, en- titles the holder to supervise instruction in any of the elementary and secondary schools of the State, and to teach in any branch in- cluded in securing the certificate. , *For restricted powers of supervision conferred upon holders of Elementary and Secondary Certificates, see Rules 23, 25, 28 and 30 respectively. RULES AND REGULATIONS. 203 35. The following persons must hold a Supervisor's certificate: (a) County Superintendent, (b) City Superintendent, (c) Supervising Principal, (d) Principal of a school having more than nine teachers in a district not having a local Superintendent. 36. Any person holding a First Grade State certificate as re- quired by law shall be deemed and taken to hold a Permanent Su- pervisor's certificate. SPECIAL CERTIFICATES. For provisions regarding exemptions, the applicant should consult Rule 17, section I. 37. Limited. A limited special certificate may be issued to teach : Kindergarten, Physical Training, Drawing, Elocution, Manual Training, Agriculture, Cooking, Evening Schools, Sewing, Evening Schools for Foreign- Bookkeeping, Born Residents, Stenography and Typewriting, Blind Classes, Penmanship, Deaf Classes, Music, Mentally Defective Classes, Modern Languages, and such other industrial or vocation branches as may be determined by the State Board of Examiners. 38. This certificate is valid for one year, at the end of which it may be renewed without examination for two years. 39. Permanent. A limited special certificate may be made per- manent, without examination, after three years of successful teach- ing. 40. A special certificate shall entitle the holder to teach or super- vise any grade in the subject or subjects covered by such certificate. 204 RULES AND REGULATIONS. QUALIFICATIONS OF APPLICANTS FOR SPECIAL CERTIFICATES. 41. For the Kindergarten Certificate the applicant must be a graduate of an approved four-year high school course or its equiva- lent, and shall pass one examination in which will be included ques- tions on Kindergarten Theory, Kindergarten Drawing, Music (three subjects covered by one paper). 42. For the Drawing Certificate the applicant shall pass two ex- aminations, as follows: (a) Drawing, (b) Plane Geometry, unless exempted by State Board of Exam- iners. 43. For the Manual Training Certificate there shall be proof of ability and the applicant shall pass two examinations, as follows: (a) Manual Training, (b) Mechanical Drawing. 44. For the Cooking Certificate there shall be proof of ability and the applicant shall pass an examination on three subjects included on one paper, viz : (a) Theory and Practice of Cooking, (b) Household Chemistry, (c) Physiology and Hygiene. 45. For the Sewing Certificate there shall be proof of ability and the applicant shall pass one examination on the Theory and Practice of Sewing, including Dressmaking. 46. For the Bookkeeping Certificate there shall be proof of ability and the applicant shall pass five examinations, as follows: (a) Bookkeeping, (b) Commercial Arithmetic, (c) Commercial Law, (d) Business Practice, (e) English Grammar, and Composition, ircluding Orthography. 47. For the Stenography and Typewriting Certificate the appli- cant must be a graduate of an approved four- year high school or its equivalent and shall pass two examinations. (a) In Stenography and Typewriting. (b) In English Grammar, and Composition including Orthog- raphy. 48. For the Penmanship Certificate there shal' be proof of ability, and the applicant shall pass one examination & 1 ihe Theory and RULES AND REGULATIONS. 205 • Practice of Penmanship, Orthography and English Composition and Grammar. 49. For the Music Certificate there shall be proof of ability and the applicant shall pass one examination on the History of Music, Methods of Teaching Music and Musical Material. An applicant for a Music Certificate must also file testimonials from two qualified teachers of vocal music. 50. For the Modern Language Certificate the applicant shall be a graduate of an approved four-year high school course or its equivalent and shall pass examinations as follows: (a) An examination on each language which the applicant is to teach, together with the methods of teaching the same, (b) Psychology, (c) History of Education. 51. For the Physical Training Certificate the applicant shall, (a) Be a graduate of an approved fourryear high school, or its equivalent, (b) Pass an examination in Physical Training, including the Elements of Anatomy and Physiology and Hygiene, (c) Present proof of ability to give class instruction, (d) Present proof of sufficient physical strength, provided, that the diploma of an approved course of study in a special school or department may be accepted in lieu of require- ments a, b and c as above stated. 52. For the Elocution Certificate the applicant shall be a grad- uate of an approved four-year high school or its equivalent, and also be a graduate of an approved school of oratory or expression. 53. A Limited Agricultural Certificate may be issued to an ap- plicant to teach Agriculture in elementary schools, or to supervise Home Project Work, who shall satisfy the State Board of Exam- iners, (a) That he has had an adequate farm experience, (b) That he is a graduate of an approved four-year high school or possesses an equivalent education, (c) That he has successfully pursued at least one twelve weeks' course in agriculture in an approved agricultural college, or summer school, or in lieu thereof shall pass an examination in the Theory and Practice of Agriculture. 54. Evening School Certificates. The State Board of Examiners is authorized to grant a Limited Certificate, good for one year, to 206 RULES AND REGULATIONS. teach in evening schools, to a person who has completed a four- year high school course of study, or the equivalent, upon recom- mendation of the County or City Superintendent of Schools of the district in which the applicant desires to teach; provided, that this rule shall not apply to applicants to teach classes in evening schools for foreign-born citizens. .55. For the Evening School for Foreign-Born Residents Certifi- cate the applicant shall, (a) Be of good moral character as shown by satisfactory testi- monials, (b) Be at least eighteen years of age, (c) Hold either a State or City Teacher's Certificate, (or) (d) Give satisfactory proof of having been an experienced, suc- cessful public school teacher or, (e) Give satisfactory- proof of collegiate training in an institu- tion of standing in this or a foreign country, together with a practical knowledge of the English subjects to be taught — English Language (reading and writing), the forms of gov- ernment and the simple laws and regulations concerning the rights and duties of a citizen. Proofs of these qualifications and of fitness to teach in the Even- ing Schools for foreign-born residents shall be secured by the local Superintendent (or Supervisor) of Schools, and forwarded to the State Board of Examiners or to the city Board of Examiners if there be one, and when approved by them a Special Certificate will be issued which will be good for the school year in which it is is- sued, and in the School District in which the service is to be ren- dered. This may be renewed yearly on request of the Superintendent of Schools (or Supervisor). 56. For the Blind Class Certificate, an applicant must have, (a) The qualifications required for an elementary certificate or its equivalent, and, (b) Must prove by examination his ability and skill to instruct blind pupils ; provided, that a diploma or certificate, proving that the applicant has the above qualifications, may be en- dorsed. RULES AND REGULATIONS. 207 57. For the Deaf Class Certificate, an applicant must have, (a) Qualifications required for an elementary certificate or its equivalent, and, (b) Must prove by examination his ability and skill to instruct deaf pupils ; provided, that a diploma or certificate proving that the applicant has the above qualifications may be en- dorsed. 58. For the Mentally Defective Class Certificate, the applicant shall hold the regular teacher's certificate or a kindergarten or man- ual training certificate and shall pass three examinations, as follows: (a) Psychology, with special reference to pupils mentally defec- tive, including recognized tests applied to pupils mentally de- fective, (b) Elementary Manual Training for both boys and girls, (c) Physical Training, with special reference to physical defects. Courses in schools, which aim to prepare teachers of pupils men- tally defective and which have been approved by the State Board of Examiners will be accepted in lieu of such examinations. No courses offered for the training of teachers for defective children will be approved unless the school has practice work with classes of defective children. VOCATIONAL CERTIFICATES. 59. Certificates may be issued to applicants for positions in State- Aided Vocational Schools and shall be as follows: 1. Industrial Vocational Certificate — (a) Limited, (b) Permanent. 2. Agricultural Vocational Certificate — (a) Limited, (b) Permanent. 3. Household Arts Vocational Certificate— (a) Limited, (b) Permanent. 4. Technical Vocational Certificate — (a) Limited, (b) Permanent. 208 RULES AND REGULATIONS. 5. Academic Vocational Certificate — (a) Limited, (b) Permanent. 6. Supervisors' Vocational Certificate — (a) Limited, (b) Permanent. 60. (1.) Industrial. Limited. A Limited Industrial Vocational Certificate may be is- sued to an applicant to teach the shop work in a particular vocation in a State-Aided Vocational School, provided the applicant passes a written examination which shall satisfy the State Board of Ex- aminers, (a) That he can read, write and spell, (b) That he knows the fundamental principles of arithmetic and other mathematics that apply to the vocation to be taught. In addition to the above requirements he must present evi- dence to the State Board of Examiners, (c) That he has had an adequate trade experience, (d) That he has proved to a committee of at least two persons, who themselves have had experience in the vocation the ap- plicant wishes to teach, appointed by the State Board of Examiners, that he has the ability to do the work of his trade and that he is familiar with the operations and materials of his trade, (e) That he is at least twenty-one years old, (f) That he has filed testimonials as to moral character and a physician's certificate of health. The Limited Certificate is valid for one year, at the end of which it may be renewed for two years upon the recommendation of both the Superintendent of Schools having jurisdiction and the Com- missioner of Education. 61. Permanent. A Limited Industrial Vocational Certificate may be made permanent after three years of successful teaching, upon the recommendations of both the Superintendent of Schools having jurisdiction and the Commissioner of Education. An Industrial Vocational Certificate shall entitle the holder to teach the shop or practical work of the particular vocation specified on the face of the certificate, in a State-Aided Vocational School. RULES AND REGULATIONS. 2oy 62. (2.) Agricultural. Limited. A limited agricultural vocational certificate may be is- sued to an applicant to teach Agriculture in a State-Aided Vocational School, provided the applicant presents evidence, (a) That he has had adequate and successful farm experience, (b) That he is a graduate of an approved agricultural college. In lieu of (a) the State Board of Examiners will accept evidence of an academic training of at least two years beyond the usual four- year high school course in an approved college or normal school, or the equivalent thereof, and at least four "short courses" in an ap- proved agricultural college, (c) That he is at least twenty-one years old, (d) That he has filed testimonials as to moral character and a physician's certificate of health. The limited certificate is valid for one year, at the end of which it may be renewed for two years upon the recommendations of both Superintendent of Schools having jurisdiction and the Com- missioner of Education. 63. Permanent. A Limited Agricultural Vocational Certificate may be made permanent after three years of successful teaching, upon the recommendations of both the Superintendent of Schools having jurisdiction and the Commissioner of Education. An Agricultural Vocational Certificate shall entitle the holder to teach agriculture and the allied academic subjects in a State- Aided Vocational School. 64. (3.) Household Arts. Limited. A Limited Household Arts Vocational Certificate may be issued to an applicant to teach the practical work in a household arts vocational school, provided : (a) That she presents evidence that she is a graduate of a recog- nized college or school giving at least a two-year course in general household arts. In lieu of (a) the State Board of Examiners will accept a satis- factory academic training, supplemented by adequate experience in the household arts. (b) That she has demonstrated her ability under actual home conditions to a committee of at least two housekeepers ap- pointed by the State Board of Examiners, and (c) That the applicant is at least twenty-one years of age, 210 RULES AND REGULATIONS. (d) That she has filed testimonials as to moral character and a physician's certificate of health. This certificate is valid for one year, at the end of which it may be renewed for two years, upon the recommendations of both the Superintendent of Schools having jurisdiction and the Commis- sioner of Education. 65. Permanent. A Limited Household Arts Vocational Certifi- cate may be made permanent after three years of successful teaching, upon the recommendations of both the Superintendent of Schools and the Commissioner of Education. A Household Arts Certificate shall entitle the holder to teach household arts in a State-Aided Vocational School. 66. (4.) Technical. Limited. A Limited Technical Vocational Certificate may be is- sued to an applicant to teach technical subjects (such as drawing, mathematics or other science in relation to the vocation taught) in a State-Aided Vocational School, provided the applicant holds, (a) Any one of the vocational certificates mentioned above; or (b) A First Grade County or any form of State certificate other than special or its equivalent, and in addition thereto satisfies the State Board of Examiners by a written examination, or by credentials from some approved school in the subject or subjects he proposes to teach that he is qualified by shop experience or otherwise to give such instruction. The Limited Certificate is valid for one year, at the end of which it may be renewed for two years upon the recommendation of both the Superintendent of Schools having jurisdiction and the Commis- sioner of Education. 67. Permanent. A Limited Technical Vocational Certificate may be made permanent after three years of successful teaching, upon the recommendation of both the Superintendent of Schools having jurisdiction and the Commissioner of Education. A Technical Vocational Certificate shall entitle the holder to teach the allied technical vocational subjects, such as drawing, mathe- matics or other science in relation to the vocation taught in a State- Aided Vocational School. 68. (5.) Academic. Limited. A Limited Academic Vocational Certificate may be is- sued to an applicant to teach the academic (non-technical or cul- RULES AND REGULATIONS. 211 tural) subjects in a State- Aided Vocational School, provided the applicant holds a first grade county certificate or any form of Per- manent State certificate other than special, or its equivalent ; or Any one of the vocational certificates named above and a first grade county certificate or any form of Permanent State certificate other than special, or its equivalent. A Limited Academic Vocational Certificate is valid for one year, at the end of which it may be renewed for two years upon the recommendation of both the Superintendent of Schools having jurisdiction and the Commissioner of Education. 69. Permanent. A Limited Academic Vocational Certificate may be made permanent after three years of successful teaching upon the recommendation of both the Superintendent of Schools having jurisdiction and the Commissioner - f Education. An Academic Vocational Certificate shall entitle the holder to teach the academic (non-technical or cultural) subjects in a State- Aided Vocational School. 70. (6.) Supervisors. (a) Limited. A Limited Supervisor's Vocational Certificate may be issued to an applicant for a position as supervisor of vocational work or a position as principal of a State-Aided Vocational School, provided the applicant, (a) Holds a Permanent Industrial, Agricultural Household Arts, Academic or Technical Vocational Certificate, (b) Satisfies the State Board of Examiners that he has had an adequate experience in a vocational school. This certificate shall be valid for one year. 71. Permanent. A Limited Supervisor's Vocational Certificate may be made permanent after one year's successful experience upon the recommendation of both the Superintendent of Schools having jurisdiction and the Commissioner of Education. A Supervisor's Vocational Certificate shall entitle the holder to act as principal of any State-Aided Vocational School, or to act as supervisor of vocational work in any State-Aided Vocational School or Schools. PROVISIONAL CERTIFICATES. 72. A provisional certificate is a temporary certificate issued to an applicant for a regular certificate to legalize his contract during the 212 RULES AND REGULATIONS. time necessary for meeting the requisite conditions for securing a regular certificate. 7$. Provisional certificates are of the following classes: (i) Provisional elementary certificates, (2) Provisional secondary certificates, (3) Provisional special certificates, (4) Provisional supervisor's certificates, (5) Provisional Certificates for State-Aided Vocational Schools. (6) An applicant for a State certificate by endorsement may have his provisional certificate once renewed where the State Board of Examiners has found it impracticable to advise the applicant teacher that an examination is neces- sary, prior to fifteen days before the dates prescribed for the required examination. 74. (1) A provisional elementary certificate shall be valid until the last day of the second month succeeding the date of the next stated examination held after the granting of the said provisional certificate. (2) A provisional secondary certificate shall be valid for two years from the date of issue, subject to the provisions of Rule 26. (3) A provisional special certificate shall be valid until the last day of the second month succeeding the date of the next stated examination held after the granting of the said provisional certifi- cate. (4) A provisional supervisor's certificate shall be valid until the last day of the second month succeeding the date of the next stated examination held after the granting of the said provisional certifi- cate. (5) A provisional vocational certificate shall be valid until the last day of the second month succeeding the date of the next exami- nation held after the granting of the said provisional certificate. 75. A provisional certificate may be granted by a County Super- intendent or by a City Superintendent in a school district not having a City Board of Examiners, to a person desiring to teach in the schools under his supervision, between the dates of the stated ex- aminations ; provided such person shall make an application for the corresponding class of certificate to the State Board of Examiners. An application for a regular certificate shall be made to the County Superintendent, except that in such city school d'stricts as RULES AND REGULATIONS. 213 do not have a city Board of Examiners, the application shall be made to the City Superintendent, who shall file said application through the County Superintendent with the State Board of Ex- aminers. 76. ( 1 ) A provisional elementary certificate shall not be renewed, unless prior to its expiration, the applicant shall have received credit for at least five of the subjects required for a limited elementary certificate in which case it may have one renewal. (2) A provisional secondary certificate cannot be renewed. (3) A provisional special certificate cannot be renewed. (4) A provisional supervisor's certificate cannot be renewed. (5) A provisional vocational certificate cannot be renewed. PLAN OF EXAMINATIONS. yy. Readers. The State Board of Examiners shall appoint readers who shall hold permanent certificates or their equivalent. The rate of compensation of readers shall be fixed by the State Board of Examiners. 78. Preparation of Questions. The work of preparing questions for the examinations shall be done under the supervision of the State Board of Examiners. 79. 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 en- velopes, which shall be broken at the times indicated thereon, and in the presence of the applicants. 80. Each applicant shall write his name and address upon a card and shall seal the same in a numbered envelope. The envelopes shall be collected by the person in charge of the examination and forwarded by him to the State Commissioner of Education. The applicant shall mark each sheet of his examination paper with his assigned number, but shall not write his name or any distinguishing mark upon his paper nor upon the outside of the envelope which contains his name and address. This envelope shall not be opened until all the papers have been duly examined, and under conditions hereinafter stated. 81. When all the applicants shall have completed the examina- tion in a given subject, the Superintendent in charge shall seal the papers in double envelopes, writing upon the inner envelopes the 214 RULES AND REGULATIONS. subjects, number of papers and place of examination. This pack- age shall be immediately sent to the State Commissioner of Edu- cation. 82. Readers. The readers shall mark the papers, upon the basis of 100 credits, and shall make a record of the papers, distinguishing 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 State Commissioner of Education. No reader shall affix any mark upon the papers which might tend to influence the examiners. 83. The State Commissioner of Education shall retain the reports of the Readers sealed until all Readers have made their reports. 84. The sealed reports of the readers shall be opened only by di- rection of the State Board of Examiners and the result of the ex- amination for each subject recorded. 85. Identifying Applicants. The numbered envelopes containing names of the applicants shall not be opened except as directed by the State Board of Examiners, and not until the markings, accord- ing to the distinguishing numbers, are fully completed by the readers. The names shall then be substituted for the numbers. 86. 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. 87. County and City Superintendents. 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 counter- signed by the Superintendent by whom they are issued. A pro- visional certificate shall not be issued until there shall have been filed through the County Superintendent by the Superintendent is- suing the provisional certificate an application to the State Board of Examiners 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 at once forward through the County Superintendent to the State Board of Examiners a statement setting forth the name of the person to whom it was is- sued, the grades for which it is valid and the date on which it was issued. He shall forward with such statement the application for the regular certificate and the credentials required of the person to whom the provisional certificate was issued. Each Superintendent shall keep an accurate record of all provisional certificates issued by him. RULES AND REGULATIONS. 215 88. County and City Superintendents shall report all certificates held by the teachers under their supervision to the State Commis- sioner of Education, who shall keep a record of the same. 89. 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. 90. 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 Educa- tion, 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. 91. Each Board of Education which shall adopt rules governing the employment of teachers in accordance with the provisions 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. 216 RULES AND REGULATIONS. Order of Examinations November and April (See Rule 16). 9 : 1 R A . M 9:15 A. M. 9:15 A. M LIMITED LI-EM K.N I All \ Penmanship Arithmetic, including Business Forms Business Foi ins Reading Composition 1.1 tern lure for the Grades I 1911 1 School Management PERMANENT ELEMENTARY. Psychology Manual Training •Botany •Zoology General History. Including the History of Greece and Rome History of Education •Chemistry Literature, including Literature for the Grades SECONDARY AND SUPERVISOR School Organization tSchool Management and Methods of Teaching with special reference to Sec- ondary Education SPECIAL. Kindergarten Stenography and Typewriting Rule 47 Psyohology (special) Manual Training and Mechani- cal Drawing (two papers) Music (Rule 49) Commercial Arithmetic •Latin •French Commercial Law 1:15 P. M 1:15 P. M. LIMITED ELEMENTARY. 1:15 P. M. Orthography English grammar | U. S. History Geography Drawing Phvsiology and Hygiene, In- cluding Health Exercises PERMANENT ELEMENTARY. •Agriculture •Elementary Algebra •Music Advanced TJ. S. History Phvsics (1910) •Plane Geometry Civics Elementary School Physics SPECIAL. Cooking (Rule 44) Sewing (Rule 45) Agriculture (Rule 53) Physical Training (Rules 51 and 58) English Grammar. Including Composition and Orthography ••Bookkeeping Penmanship (Rule 48) Bookkeeping (Rule 46) Drawing (Rule 42) •German Business Practice Subjects Required to Convert a Limited Elementary Certificate Obtained from Couity or Third Grade State Cartificates Into a Permanent Elementary Certificate. General History, Psychology, Manual Training. Psychology, Manual Training, Elementary Physics, History of Education, General History, Psychology, Manual Training, F'ementarv Physics. History of Education Psychology, Manual Training. Any Three of the Following Electives Botany, Elementary Algebra, Chemistry, Vocal Music, Plane Geometry, Agriculture, Zoology, Advanced U. S. Hist., and any one of the following may be one of the electives, Latin or German, or Any Two of the Following Electives Botany, Chemistry, Vocal Music, Plane Geometry, Agriculture, Zoology, Advanced U. S. Hist., and any one of the following may be one of the electives, Latin or German, or French. Any One of the Following Electives Botany, Chemistry, Vocal Music, A grier.lture. Zoology, Advanced U. S. Hist., and any one of the following may be one of the electives, Latin or German, or French. Any One of the Following Elective* Chemistry. Zoology. Vocal Music, Agriculture, Advanced U. S. Hist., and any one of the following may be one of the electives, Latin or German, or French. French. Any subject previously passed will be accepted toward the certificate for which it Is required. •Electives: three are recuired. JSchool Managcm*nt and Methods of Teaching with special reference to Secondary Eduction will be substituted for Science of Education fo>- Second Grade Certificate under he old rules. ••For Second Grade County Certificate under Rules In force prior to July 1, 1911. RULES AND REGULATIONS. 217 RATING FOR HIGH SCHOOL WORK. In rating the work in "approved" high schools, one year shall be given 15 counts, two years 30 counts, three years 45 counts, four years 60 counts. In securing equivalents for a four-year course in an approved .high school, a candidate will be credited as follows : Languages not less than 15 or more than 30 counts Mathematics " " jy 2 " " "15 " Sciences " " 7>4 " " "15 " History " " 5 " " " 10 " Miscl. subjects " " yy 2 " " " 15 " Academic counts can be earned in any subject required for any form of teacher's certificate. A limited elementary certificate in 1912=30 counts " 1913=45 " " 1914=60 " A permanent elementary certificate=6o counts. Special certificates requiring four years of high school work 60 counts. Other special certificates will be given a rating after the submission of a detailed statement of academic work. NORMAL SCHOOL CERTIFICATES. 1. A graduate from the two-year general courses shall be quali- fied to teach at least the first eight years of work exclusive of the kindergarten. 2. The two-year kindergarten course shall qualify to meet the requirements of Article XII of the School Law and of the first four years of school work. 3. The two-year domestic science course shall qualify to teach the branches in domestic science it includes in any school (high or elementary). 4. The four-year high school teachers' course shall qualify to teach the branches it includes in any school. 5. The industrial arts teachers' course given by the Normal School at Trenton in co-operation with the Trenton School of In- 218 RULES AND REGULATIONS. dustrial Arts shall qualify to teach the industrial arts it includes in any school. 6. The two-year manual training course shall qualify to teach the branches in manual training it includes in any school. 7. The two-year commercial course shall qualify to teach the commercial branches it includes in any school. 8. Any special course not included in rules 1 to 7, inclusive, shall cover the requirements to teach the subjects it includes in any school. 9. When in addition, in point of time, to a two-year general course advanced work is taken in one or more subjects for the pur- pose of teaching such subjects in a high school these subjects shall be designated on the certificate as of high school grade, and shall cover at least two units of work in advance of the requirements for the general certificate in the respective subjects. School manage- ment and methods of teaching with special reference to secondary education shall be included in the course which qualifies teachers to teach in a high school under the provision of this rule. 10. The standard for normal school courses or credits in any special subject or for the two units of work as set forth in Rule 9, shall be the same as set forth or may be set forth by the Board for graduates of other institutions or for those who have taken partial courses. 11. These rules do not apply to teachers of vocational subjects in state-aided vocational schools. 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; pro- vided further, that the total number of visits made during the year shall equal at least twice the number of schools under his jurisdic- tion, the additional visits to be made to such schools as, in his judg- ment, most need his encouragement and advice. At such visits he shall inquire into the management, methods of instruction and dis- cipline in such schools ; note the condition of the schoolhouses, 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. RULES AND REGULATIONS. 219 2. The County Superintendent shall distribute promptly all docu- ments, forms, laws, circulars and instructions which he may receive from the Commissioner of Education or the State Board of Edu- cation. 3. The County Superintendent shall see that the decisions of the Commissioner of Education and the State Board of Education, 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 education 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. 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 diplomas to be awarded by County Superintendents to all pupils who shall successfully complete the prescribed course of study ; also diplomas suitable to be granted to such teachers as shall prove that they have intelligently completed the courses of professional reading pre- scribed for their respective grades. 220 RULES AND REGULATIONS. 10. Each County Superintendent in his annual report to the Com- missioner of Education shall specifically report as to whether the provisions of the School Law relating to the display of the United States Flag during school hours, and whether the law 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 an- nually, 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 provisions 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. n. Whenever in any school district incorporated under the pro- visions of Article VII of the School Law the number of vacancies in the Board of Education is such that there is less than a majority of the total number of members of such board, and by reason thereof such board is without a quorum and unable to transact business, the County Superintendent of Schools of the county in which such school district shall be situate shall appoint persons who possess the qualifications required for membership in a board of education to fill such vacancies, and the persons so appointed shall hold office until their successors are elected in the manner provided by law. 12. Whenever a new school district shall be created and there are no persons living therein who have resided in the territory com- prised in said district three years, the County Superintendent of Schools of the county in which such district is situate shall appoint nine persons who possess the other qualifications for membership in a Board of Education as members of the Board of Education for such district. The person so appointed shall hold office until their successors are elected in the manner provided by law. For additional rules see "Teachers' Institutes." teachers' institutes. i. "The Commissioner of Education shall arrange for institutes by securing instructors and preparing programs in such counties of the State as he shall deem advisable. He shall hold joint institutes wherever practicable. The sessions of the institute shall be general or departmental as the Commissioner of Education shall determine." RULES AND REGULATIONS. 221 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 ac- count of the amount expended, accompanied with appropriate vouchers. 5. The County Superintendent shall make all necessary local ar- rangements 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. 1. 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 Education 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 super- intendent or a supervising principal the filing of the registers and reports with such superintendent or supervising principal shall be deemed to be a compliance with the provisions of this rule, and said superintendent or supervising principal shall forward the reg- isters and reports to the Commissioner of Education. 222 RULES AND REGULATIONS. SCHOOL ATTENDANCE. 1. For the purpose of apportionment a day shall consist of not less than four hours of actual school work, except in kindergartens one continuous session of two and one-half hours may be consid- ered a day. Night school sessions shall be reckoned as half days. 2. The mere presence of a pupil at roll call will not be considered as sufficient attendance to be a compliance with the intent of the law. A pupil must be present at least one hour during any fore- noon, 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 Commissioner 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 Edu- cation 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. Children 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 quar- antined 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 into effect, and the notice provided for in this rule shall be forwarded 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. APPROVAL OF HIGH SCHOOLS. i. Those schools shall be classed as high schools which require RULES AND REGULATIONS. 223 for admission the successful completion of eight years of graded pre-academic work, or its equivalent. (See note 1.) 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 following conditions: (a) All the regular curricula 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 of 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 com- pleted a full four-year curriculum, aggregating at least seventy-two (72) academic counts. The counts shall be reckoned in accordance with the number of prepared recitations per week of a school year of at least 38 weeks, and the recitation periods shall average at least 4p- minutes in length. Two (2) periods of manual activities, of laboratory work, or of unprepared recitations shall be reckoned as equivalent to one period of prepared class work. Physical training and chorus singing cannot be counted toward the minimum of seventy-two (72) counts required for a diploma. (See note 2.) (e) All diplomas shall state the number of academic counts ac- quired by the holder and the subjects in which they were obtained. (f) The building must be adequate, providing suitable accommo- dations for study, recitations and laboratory work, and for all other school activities provided for in the program of studies. (g) The equipment, including the library and the appliances for teaching science, must be sufficiently varied and complete to meet Note No. i. — The term equivalent covers eases of rapid promotion throned) the elementary grades, assuming that those promotions have been made in the interests of the child involved, and with due regard to the fact that maturity of development is on° of the essential factors in successful high school work. Note No. 2. — The fact that chorus singing cannot be counted towaH the minimum of 72 academic counts, is not to be taken as in any sense minimizing the value of the study of vocal music in high schools. Wherever ooportunities for systematized instruction in this subject are possible, it should be included in the program of studies and given academic counts. 224 RULES AND REGULATIONS. the educational requirements demanded for efficient instruction in the different subjects offered. (h) The building, including the outhouses, must be kept clean, sanitary and in good order. The school grounds must present a tidy appearance. 4. Whenever in a district three years of high school work are maintained, wherein each curriculum aggregates at least 54 aca- demic counts of the seventy-two (72) as prescribed and defined for the diplomas of an "Approved High School," such a school will be registered as a "Partial High School," in case it meets in addition the following conditions : (a) All the regular curricula 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. (d) The building must be adequate, providing suitable accommo- dations for study, recitations and laboratory work, and for all other school activities provided for in the program of studies. (e) The equipment, including the library and the appliances for teaching science, must be sufficiently varied and complete to meet the educational requirements demanded for efficient instruction in the different subjects offered. (f) The building, including the outhouses, must be kept clean, sanitary and in good order. The school grounds must present a tidy appearance. 5. 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 curriculum, but such certificates shall not be granted as di- plomas ; and must in each case state the number of academic counts secured by the holder, and the subjects in which they are obtained, and the time taken to secure the same. Holders of such certificates shall not be ranked as graduates. 6. 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. RULES AND REGULATIONS. 225 Note. — High Schools maintaining curricula which differ in scope and in the term or time required for their completion shall be classi- fied for apportionment in accordance with their shortest curriculum. The State Board of Education approves but does not prescribe curricula. REGISTRATION OF PRIVATE SCHOOLS. i. A private secondary school may, upon the request of its gov- erning authority, be registered in the Department of Public Instruc- tion if, after inspection by a representative of said department, 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. MEDICAL INSPECTION. RULES FOR LOCAL BOARDS OF EDUCATION. 1. The medical inspector shall be appointed for one year. 2. The medical inspector shall be required to file with his local Board of Education, or, in cities, with the Director of Medical In- spection, a monthly report of work done, and to sign the school register at each visit. 3. The medical inspector shall receive his salary according to the following schedule : Fifty per cent, of the yearly salary upon evi- dence of satisfactory completion of the required examinations of all school children in his district. The remaining fifty per cent, in monthly installments upon receipt of his report covering work done during the preceding month. 4. Two or more adjoining school districts may unite in the em- ployment of a medical inspector for economy's sake or other rea- 226 RULES AND REGULATIONS. sons. In such circumstances each district shall pay its part of the salary in proportion to the number of pupils in each district. 5. The Commissioner of Education shall provide the necessary blanks needed for the carrying out of the work of medical inspection and for gathering, preserving and forwarding to the State Board the statistics collected. These records are the property of local Boards and must be preserved by them. Such parts of these records as may be designated by competent authority from time to time, shall be filed with the Secretary of this Board. 6. Pupils sent home from school by a medical inspector, with a diagnosis of infectious or contagious disease, either actual or sus- pected, shall not be readmitted to their respective classrooms until they present a written certificate of good health from their family physician or some other regularly qualified physician, who has ex- amined 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 all diseases of an infectious or contagious nature. 7. Boards of Education shall carefully conform to all rules of local Boards of Health regarding sanitary conditions in and about the school property and in the matter of quarantine. RULES FOR MEDICAL INSPECTORS OF LOCAL BOARDS OF EDUCATION. 1. The medical inspector shall use the same care and skill in examining pupils under his charge as he would in the case of private patients. 2. 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 pos- sible, in order that children suffering from such diseases may not be kept in the classrooms and become a further source of danger to others. Emergency calls must be responded to as quickly as possible. 3. The local Boards of Education, in submitting to the State Board their rules, shall cover carefully the point of frequency of regular inspection. In general, they must not fall below the follow- ing minimum requirements: Rural districts, scattered schoolhouses, one-room schoolhouses. RULES AND REGULATIONS. 227 1 Each school at least once a month. Villages and small towns, and schoolhouses containing more than one room. Each school at least twice a month. Towns and cities. At the discretion of the local Boards and medical examiners, but not less than twice a week. 4. At the commencement of each school year, the medical in- spector shall examine every pupil enrolled in that school district. This examination shall include: Eyes. For far- and nearsightedness and the condition of the eye lids. Ears. For acuteness of hearing and presence or absence of dis- charges. Throat. Condition of tonsils. Possible adenoids. Teeth. Condition and care. 5. Whenever possible, it is advised that the usual records be made of height, weight and chest measurements, and that examina- tions be made of heart and lungs. These examinations shall be made by the medical inspector himself and not left to the nurses or teachers. 6. It shall be the duty of the medical inspector to exclude im- mediately from the class-room any pupil whom he may suspect of having any form of contagious or infectious or communicable dis- ease. This pupil shall be sent home at once with a written state- ment signed by the medical inspector, stating the nature of the dis- ease suspected, and requesting that the pupil be seen at once by the family physician. The medical inspector shall not attend such cases professionally, unless he is the regular medical attendant of the family. This rule covers cases of contagious diseases of the skin and scalp, and purulent discharges from eyes, nose and ears, as well as all diseases of an infectious or contagious nature. Cases of pedicu- losis or other vermin shall be sent home, and may not return until the medical inspector or teacher is satisfied of their cure. 7. The medical inspector shall be especially careful to comply with all rules and regulations of the local and State Boards of Health, and shall promptly notify the proper authorities of all cases of conta- gious or infectious disease as if occurring in his private practice. 228 RULES AND REGULATIONS. 8. The medical inspector shall examine regularly the sanitary conditions of all school properties in his district and keep the Board of Education informed thereof. Any special work required of the medical inspector by the local Board of Education, such as frequent extra visits, vaccinations or fumigations, shall be arranged for by mutual agreement. 9. The medical inspector shall give at least three lectures to the teachers of his district each year, one each on a. The prevention and detection of communicable diseases. b. School hygiene and sanitation. c. First aid to the injured. 10. The certificate of exemption from vaccination of any pupil shall be made by the medical inspector as required by Section 136 of the School Law. APPEALS. 1. All appeals shall be heard on the record on which the Com- missioner of Education rendered his decision, which record shall be certified by him to the State Board of Education. APPEALS — HOW AND WHEN TO BE TAKEN. 2. Appeals must be taken within thirty days after the Commis- sioner 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 identify- ing 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 respon- dent a statement setting forth the points on which he relies and a RULES AND REGULATIONS. 229 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 respon- dent within five days after the service of the appellant'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 APPEAL. 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. COPIES OF RULES. 6. When a notice of appeal is filed in the office of the Commis- sioner of Education, he shall forthwith mail a copy of these rules to each of the parties. MANUAL TRAINING. 1. Balances of manual training funds on hand at the close of the school year shall be available only for expenses for manual train- ing work during the next school year. 2. No applications for State aid shall be granted until the course of study has been approved by the State Board of Education. The preliminary examination of the proposed courses of study is dele- gated to the Commissioner of Education. 3. After evidence has been presented that the approved course of study is not being carried out, in any district, approval may be withdrawn and further grants of State aid shall no longer be made to that district. 230 RULES AND REGULATIONS. 4. All teachers paid in whole or in part from the manual training fund shall hold certificates valid for manual training granted by the State Board of Examiners or by a City Board of Examiners. 5. No district shall be entitled to an apportionment from State school moneys under the provisions of Article XVII for a teacher paid in whole or in part from the manual training fund, except that a district shall be entitled to an apportionment for a temporary teacher when at least half his time is spent on other subjects than manual training and when his salary for such other work is paid from school moneys other than those devoted to manual training. 6. Districts shall be entitled to apportionments under the pro- visions of Article XVII for teachers of manual training provided no portions of the salaries of such teachers are paid from manual training funds. 7. All special teachers and supervisors paid from the manual training fund must give their entire time to the manual training activities and those phases of work which are necessarily an in- herent part of them, such as closely related applied arts and mathe- matics. 8. Whenever the product of the manual training work is sold the manual training fund shall be credited with the amount received. 9. Whenever the product of the manual training work has com- mercial value and is used in other departments of the school system, the cost of the materials used shall be charged to other accounts than manual training. 10. No part of the manual training fund is to be used for heat, light or janitor service unless the entire building is devoted to the work of manual training. 11. Permission shall be secured from the Commissioner of Edu- cation before any part of the manual training funds shall be ex- pended for rent of a room, rooms, or an entire building for the purpose of conducting a course in manual training. 12. No part of the charges for a new building or repairs to an old building shall be paid from the manual training fund. 13. Salaries of teachers engaged exclusively in book work in agriculture shall not be charged to the manual training account. 14. Boards of Education shall not purchase kindergarten supplies from the manual training fund. RULES AND REGULATIONS. 231 15. No application for State aid shall receive favorable consid- eration until the annual report required by law shall have been filed with the Commissioner of Education. TUITION FEES. "The board of education in each school district in which a pupil residing in another district is enrolled, and from whom a tuition fee is paid from public funds, shall send monthly to the board of education paying the tuition fee a report showing the grade in which such pupil is enrolled, the number of days present, the number of days absent and the number of times tardy during the month for which the report is made." MANUAL TRAINING AND INDUSTRIAL SCHOOL FOR COLORED YOUTH. I. The County Superintendent shall announce any vacancy for his county in the Manual Training and Industrial School for Colored Youth, giving as wide publicity as possible through school principals, press, etc., and inviting colored boys and girls to apply for the scholarship. II. From the applicants, the County Superintendent shall appoint for any vacancy the boy or girl who in his judgment shall be best qualified to pursue the work of the school, taking into account the following : (1) Attainment in fundamental school subjects, such as Eng- lish, Arithmetic, etc. (2) Moral character. (3) Fitness for industrial work. (4) Ambition for an education. III. When the County Superintendent has made his selection he shall send notice to the candidate selected, and to the Principal of the Bordentown School, and to the Secretary of the State Board of Education, who shall report the same to the State Board of Edu- cation. 232 RULES AND REGULATIONS. SCHOOL BUILDINGS. In order that the lives, health, sight and comfort of pupils may be properly protected, all schoolhouses hereafter erected shall com- ply with the following conditions: When existing schoolhouses are enlarged these provisions shall apply only to the added portion. It is recommended, however, that the old portion of such buildings shall conform to the provisions of the Code as far as practicable. Correspondence is invited from districts considering the enlarging or remodeling of existing school- houses. DEFINITION OF CLASSROOM. Whenever the word "classroom" is used it is construed to mean "all rooms in a school building used by the pupils for classroom or study purposes" (exclusive of gymnasium, assembly rooms and manual training rooms). LIGHT. Unilateral Lighting The windows in all classrooms shall be so arranged that the light shall come from the pupils' left. If desirable to have more window space, the supplemental light shall come from the rear. The win- dows shal be grouped together as nearly as possible on the pupils' left. The windows shall extend as near to the ceiling as the prin- ciples of construction will admit, and must be without transoms or unnecessary framework. Any considerable area on the side to the left of the pupils that is without window surface should be op- posite the space in front of or in the rear of the pupils' desks. The total glass area on the pupils' left side exclusive of mullions, stiles, rails and check rails, must equal at least twenty per cent, of the floor surface. Prismatic Glass. A ten per cent, deficiency in the required glass area of a class- room may be corrected by the use of prism glass in the upper sash of window. RULES AND REGULATIONS. 233 Bay IVindozvs Bay windows will not be permitted in any classroom, except those used for kindergarten purposes exclusively. Laboratories and Libraries Laboratories and libraries shall have glass area equal to at least twenty per cent, of the floor space; this light may come from any direction. VENTILATION. . Each classroom shall have at least eighteen square feet of floor space and two hundred cubic feet of air space for each pupil to be accommodated in such classroom. All school buildings shall have a system of ventilation by means of which each classroom shall be sup- plied with fresh air at the rate of not less than thirty cubic feet per minute per pupil. Approved ventilating stoves will be allowed in all one-story school buildings, and in all school buildings in which the number of rooms does not exceed two. The State Board of Education strongly recommends the installa- tion of a mechanical system of ventilation, operating by electricity, gas, steam or other motive power, in all buildings of four or more rooms, and of two or more stories in height, as experience shows that gravity ventilation is unreliable. HEATING. The heating plant must be capable of heating all parts of the building to a uniform temperature of seventy degrees in zero weather, with the ventilating system furnishing the required amount of fresh air in each classroom. Heater Rooms All boiler and furnace rooms shall be enclosed by fireproof walls, floors and ceilings, and all doors shall be of Underwriters' approved type fire-doors, tin-clad, hung with proper equipment to keep them closed. The ceiling or floor construction over said rooms shall be of reinforced concrete or standard fireproof hollow arched tile and steel beam construction, designed to be absolutely fireproof and 234 RULES AND REGULATIONS. capable of sustaining a live load of one hundred pounds per square foot. SUGGESTIONS FOR PLACING BLACKBOARDS. The importance of blackboards in the daily work of the school is often very much underrated by school boards and architects. This matter is now generally well planned in new buildings in cities, but in country districts it is not unusual to find blackboards of very poor quality and unnecessarily limited in amount. All available space in the front of the schoolroom and on the right hand side of pupils should be given to blackboards. These boards should be of slate and of good quality. They should be four feet wide (from top to bottom). A chalk trough three inches wide should be placed along the lower edge of all boards. The following directions for placing blackboards have been is- sued by the U. S. Bureau of Education : ONE-ROOM BUILDINGS. Grades I— VII The board on front wall — 32 inches above floor. The board on side wall — 26 inches above floor. TWO-ROOM BUILDINGS. Grades I — IV The board on front wall — 26 inches above floor. The board on side wall — 26 inches above floor. Grades V—VIII The board on front wall — 30 inches above floor. The board on side wall — 30 inches above floor. TWO-STORY BUILDINGS. All school buildings two stories in height, and of more than four classrooms above the first floor, shall have enclosing walls of hard burned brick, stone or concrete. THREE-STORY BUILDINGS. All school buildings of three or more stories in height shall be of fireproof construction. The doors, windows, window frames, roof RULES AND REGULATIONS. 235 rafters and trusses, trim, finished floors and other interior finish may be of wood. BASEMENTS. When a school building has a basement, the ceiling of which is seven and one-half feet or more above the finished grade line at any point, such basement shall constitute a story, and will be so con- sidered in determining the number of stories in such school build- ing. AUDITORIUMS. A building having an auditorium or classroom on the third floor is considered as a three-story building. It is strongly recommended that auditoriums be placed on the first floor. All auditoriums shall have ample means of exit, leading direct to the street. Unless especially approved, auditoriums will not be allowed on the second floor if their seating capacity is five hundred or more persons. FLOOR BEAMS. The following is a schedule of the size of unsupported floor beams and the maximum spans of such unsupported floor beams that will be permitted: Hemlock — Spans over 18 feet and up to 20 feet inclusive, 2 x 12 spaced 16 inches on center. Spruce — Spans over 20 feet and up to 22 feet inclusive, 3 x 12 spaced 12 inches on center. Spruce — Spans over 22 feet and up to 24 feet inclusive, 3 x 14 spaced 12 inches on center. Yellow pine — Spans over 24 feet and up to 26 feet inclusive, 3 x 14 spaced 16 inches on center. Yellow pine — Spans over 26 feet and up to 30 feet inclusive, 3 x 14 spaced 12 inches on center. All spans shall be bridged with 2x3 herring bone bridging not less than 8 feet apart. TERRA COTTA TILE WALLS. Hollow tile may be used for exterior and interior bearing walls which receive directly the loads from floors or roofs, in addition to their acting as partition walls, in buildings not more than two 236 RULES AND REGULATIONS. stories in height, provided the load does not exceed two hundred pounds per square inch of effective bearing parts. The thickness of such walls shall not be less than would be required for brick walls. The thickness of walls shall be calculated as the outside dimension of the tile (exclusive of plaster and stucco) and each tile shall be the full thickness of the wall. All tile used in bearing walls shall be laid with the voids running vertically (except an approved interlocking tile) and shall be laid in mortar composed of one part Portland cement, two and a half parts sand and not more than one-tenth (bulk measurement) of hydrated lime. No blocks will be approved that do not develop a compressive strength of at least three thousand five hundred pounds per square inch of net section ; and in no case shall the voids exceed fifty per cent, of the gross sectional area. All blocks used in outside walls must be dense and well burned, and shall not absorb more than one-tenth (ten per cent.) of their weight in water after immersion two hours, and must have a clear, ringing sound when struck. No tile shall be used in any bearing walls below the first floor of beams. Hollow tile may be faced with brick, or stuccoed after being made damp-proof by approved methods. If faced with brick, such brick facing shall not be considered as performing any constructive function unless such brickwork is properly bonded to the tile walls by a continuous course of brick headers at least every two courses in height of tile, or every seventh course of brickwork, if the tiles are of such size as will permit. Header course of flemish bond will be approved. The header courses may be backed with hollow brick. Where floor beams rest on tile walls, two courses of hard burned brick shall be laid directly under such beams. Where girders rest upon walls so that there is a concentrated load on the block of more than one ton, the blocks supporting the girder must be made solid by filling with Portland cement concrete. Where such concentrated loads shall exceed three tons, the blocks for two courses below and for a distance extending at least eighteen inches each side of such girder, shall be made solid. Where the load on the wall exceeds five tons, the blocks for three courses beneath and RULES AND REGULATIONS. 237 at least three feet each side of such girder shall be made solid in a similar manner. All piers or jambs that support loads in excess of four tons shall be built with brick masonry, concrete or blocks filled solid with Portland cement concrete. Each tier of beams shall be anchored to the side and end walls at intervals of not more than six feet. No walls constructed of hollow tile shall be broken to receive pipes, but must be provided with chase or especially moulded blocks. Hollow blocks spanning more than four feet must be properly reinforced. The skew-backs must also be filled solid with concrete. Where walls are decreased in thickness, the top course of the thicker wall must be made solid with concrete or have two courses of hard burned brick. CHIMNEYS. No chimney shall be started or built upon any floor or wood beams. The brick used in chimneys shall be good, hard and well burned. CORRIDOR WALLS AND FLOORS. Interior corridor walls and hallway floor construction must be of fireproof material. (See heater rooms, ceiling construction, for floor in corridors). HEIGHT OF CEILINGS. All ceilings shall be at least twelve feet in height. Every school building more than one story in height shall have sheet metal ceilings, or plastered ceilings on metal lath. MANUAL TRAINING ROOMS. Any school building having rooms in the basement which are used for such activities as manual training, domestic science or chemical laboratory, said rooms shall have enclosing walls of fireproof con- struction. The ceilings over said rooms shall also be of fireproof materials. (See heater rooms, ceiling construction.) The interior doors leading to the rooms shall be of kalamein or other approved fireproof doors; said doors to be equipped with proper springs to keep them normally closed. No stops, hooks or other devices to hold the doors open will be approved. When such doors are glazed it must be with wire-glass. 238 RULES AND REGULATIONS. STAIRS. Width, Treads, Risers All stairways (except cellar stairs) must be not less than four feel in width and shall have intermediate landings. The stair risers shall not exceed seven inches in height, and the treads shall not be less than twelve inches in width (including the projecting nosings). A uniform width must be maintained in all stairways and plat- forms, and there must be a uniform rise and tread for each run. Handrails Handrails shall be properly placed on both sides on all stairways used by pupils, and the inside rail must be continuous. Winders No winders will be allowed. Safety Treads Stairways constructed of reinforced concrete shall have an ap- proved non-slippable tread embedded in the concrete. Construction, Enclosure All stairs must be constructed of fireproof material (except stairs in one-story buildings leading to the cellar or basement, which may be of slow-burning construction) with no open riser, and must be enclosed by fireproof walls and without open well holes. Partitions All stairways in buildings of more than one story in height must be separated from corridors by thick wood, iron or kalamein par- titions. Doors shall swing toward the exits only and be glazed with polished wire glass. All such doors shall have door springs and checks, but no floor stops or other devices to hold the doors open will be allowed. Number of Stairways There should be two flights of stairs in buildings having more than two rooms and less than nine rooms on the second floor, one stairway at each end of the building, and each leading direct to an exit from the first floor to the ground. Every school building having nine or more classrooms on the second floor shall have at least three flights of stairs, each leading to an exit from the first floor to the ground. There should be one RULES AND REGULATIONS. 239 stairway near each end of the building; other stairways must be subject to approval as to number and location in each case. DOORS. "In any schoolhouse of two or more stories in height, the doors leading from the classrooms to the corridors and from the said corridors to the street or to the ground surrounding such school- house, shall open outward. All swing doors shall have plate glass windows of suitable dimensions." (Swing doors are construed to mean single and double acting doors.) Ant i- panic Bolts All outside entrance or exit doors shall have key locks that can be locked on the outside only, but that can always be easily opened on the inside by simply turning the knob or pressing the release bar. No night latch attachment, bolts, hooks, thumb knobs or other lock- ing device is to be used. Fire Door at Basement Stairivay Every school building shall have an exit to the ground for every flight of stairs leading to the first floor. All doors leading to the cellar or basement shall be fireproof and fitted with springs to keep them closed, except in one-story buildings. CLOAK-ROOMS. Ample cloak-rooms shall be provided. They should be well lighted, ventilated and heated. They should be provided with a sufficient number of hooks so that each pupil may have one for his individual use. These hooks should be placed low enough so that the young children can readily reach them. INSIDE TOILETS. Individual porcelain bowl water closets, and slate corrugated glass or porcelain urinals, properly ventilated, must be provided where running water can be secured. No latrine, range or incinerating closets will be permitted. All floors surrounding and within three feet of inside water closets or urinals must be constructed of non- absorbent waterproof materials. Suitable wash-bowls must be in- stalled in each toilet room. 240 RULES AND REGULATIONS. Vent Flues The ventilating flues and ducts leading from toilet rooms must not connect with those leading to or from any other room. All toilet rooms must be located so as to receive ample outside light. OUTSIDE DRY TOILETS. "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 separated each from the other, and shall have separate means of access. Said outhouses and said water-closets, if detached from the schoolhouse, shall be separated by a substantial close fence, not less than seven feet in height." The vaults under these outhouses or water-closets shall be built of brick and laid in cement mortar or concrete and shall not extend under the floor of said building, but may project beyond the rear of the building to facilitate the proper cleaning. The vaults shall be properly ventilated by running a wooden or metal flue from the under side of the floor line up through the roof. This flue should not be less than eight inches square (inside meas- urement). Each toilet should be provided with a sash not less than two feet square, arranged to slide or hang on hinges. This opening must be covered with a close mesh copper wire fly screen. Outside of each boys' outhouse or water-closet, properly protected from the rain or snow, shall be provided a metal urinal trough drained into the vault of said closet. This trough and the buildings are to be properly screened by a tight board screen not less than seven feet high. All outside toilet doors shall be equipped with proper locks and spring hinges or springs to keep said doors shut. FIRE ESCAPES. Where fire escapes are found necessary they shall be constructed of iron strings, treads and closed risers, said risers being not more than seven inches high and the treads not less than ten and one-half inches in width. The top platform must be level with the class- room floor and entrance to the platform shall be made by means of a door, which must be cut down to the level of the floor. The stairs shall not be less than thirty-six inches wide and shall be sup- ported on strong iron brackets bolted entirely through the wall, or RULES AND REGULATIONS. 241 on iron columns. Long runs must have intermediate landings. The lowest flight must not be movable. The outside strings shall be protected by a heavy galvanized wire mesh screen or other approved protective railing not less than five feet high. Whenever a fire escape crosses a window, said window must be glazed with wire- glass. Handrails must be provided for each side of the stairs. WASTE PAPER CHUTES. Waste paper chutes must be constructed of fireproof material throughout, including self-closing doors. SEATING. All plans and blue prints must show the location of each pupil's and teacher's desk, together with the number of pupils' desks. LIVING APARTMENTS. Living apartments will not be approved in any part of a school building. SCHOOL LAW DECISIONS OF COMMISSIONER OF EDUCATION AND STATE BOARD OF EDUCATION (243) TEACHERS' TENURE OF SERVICE ACT. CHAPTER 243, P. L. 1909. Sue H. Coles, Appellant, vs. The Board of Education of Pilesgrove Township, Respondent. E. G. C. Bleakley, for the Appellant. T. G. Hilliard, for the Respondent. [Decision of the Commissioner of Education.] The Appellant has been in the employ of the Respondent continuously since September, 1903, and is, therefore, protected by Chapter 243. P. L. 1909, com- monly known as the Teachers' Tenure of Service Act. Said act provides that a teacher or principal, after three years of continuous service cannot be removed or subjected to reduction in salary "except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause," and upon written charges and after a hearing before the board of education. On July 20, 191 1, written charges of "inefficiency, incapacity, conduct unbecoming a teacher and insubordination to the rules, requirements and orders" of the board of education were preferred against Miss Coles. The Respondent held a hearing on these charges on August 30, 1911, and. at a meeting held September 18, 191 1, the respondent adopted the following resolution : "Resolved, That this Board do find the charges preferred by Richard K. Layton against Sue H. Coles, supervis ng principal of the school district of the Township of Pilesgrove are true in fact, and that the said Sue H. Coles is guilty of conduct unbecoming a teacher, and of insubordination, and that such insubordination and conduct unbecoming a teacher is just cause for a removal from her position as superv'sing principal of the school district of the Town- ship of Pilesgrove, Salem County, New Jersey, and that she, the said Sue H. Coles be and she hereby is dismissed from her employment as supervising prin- cipal as aforesaid and from the employment of this Board of Education in any position." At the hearing before me the counsel for the Respondent said "the general charge in the charges of inefficiency and incapacity is not sustained by the evidence and must therefore be abandoned. The Iredell charge is, in my humble judg- ment, clearly sustained by the evidence and is pressed. The charge in regard to the Mrs. Shoemaker incident is not withdrawn." The only charges to be considered, therefore, are, was the Appellant guilty of inefficiency, incapacity, conduct unbecoming a teacher and insubordination in the Iredell and Shoemaker cases? The charges in these cases are not sustained by the evidence. The resolution dismissing Miss Coles, adopted by the Board of Education of Pilesgrove Township at the meeting held September 18, 191 1, is null and void, and the judgment rendered at said meeting is reversed. August 29, 191 1. (245) 246 SCHOOL LAW DECISIONS. RESIGNATION OF TEACHER. Elsie B. Nicholson Appellant Board of Education of the Borough of swedesboro. Respondent. [Decision of the Commissioner of Education.] J. Warren Davis and Frank S. Katzenbach, for the Appellant. David O. Watkins, for the Respondent. The Appellant in this case appeals from the action of the Respondent accepting, on April 3, 191 1, her resignation as Supervising Principal of Schools, said resignation having been previously rejected at a meeting of the Board of Education held March 31st. Miss Nicholson had for some years been in the employ of the Board of Education of the Borough of Swedesboro as Supervising Principal of Schools, and on February 8th, 191 1, she presented to the Board her resignation "to take effect when the work of the present school year will have been com- pleted." The resignation was received and laid over. At a meeting of the Board held March 31st a motion was adopted "that the resignation of the supervising principal be not accepted." At a meeting of the Board held April 3rd, 191 1, the minutes of the meeting were "read and approved except motion as to Supervising Principal's resig- nation" and at the same meeting the following motion was unanimously adopted: "That the Supervising Principal's resignation be accepted." At meetings of the Board held on August 31st and September 18th, 191 1, it was ordered that Miss Nicholson be again notified that her resignation had been accepted and that she was no longer in the employ of the Board. Section 238 of the School Law (P. L. 1903, Special Session) provides that the school year shall begin on the first day of July and end on the 30th day of June. The resignation, when accepted, would, therefore, go into effect on or about June 30th. The Appellant has produced evidence that subsequent to the date when her resignation would become effective, she rendered service to the Board by furnishing lists of text-books and supplies needed for the coming school year, but there is no evidence that such lists were furnished at the request of the Board. If the Board of Education had power on March 31st to act on the resigna- tion of Miss Nicholson, then the subsequent action taken on April 3rd was null and void. The first question to be determined, therefore, is, did the Board of Education on that date have power to act on a resignation which was not to go into effect until about June 30th? Section 79 of the school law (P. L. 1903, Special Session) provides that an annual meeting for the election of members of a board of education incor- porated under Section 84 of said act, shall be held on the third Tuesday in March, and Section 85 of said act, as amended ( F. L. 1907, p. 283), provides that the Board shall organize on the first Monday in April. SCHOOL LAW DECISIONS. 247 The Board of Education in the Borough of Swedesboro is incorporated under Section 84 and is composed of nine members, three members being elected each year who take office on the first Monday in April. The Supreme Court in the case of Gulnac vs. The Board of Chosen Free- holders of Bergen County, 45 Vroom, 543, said, "Although only a portion of a board of freeholders goes out of office each year, the body itself is not a con- tinuous body (State vs. Rogers, 27 Vroom, 480). The reasons which led to the decision that the Senate of New Jersey is not a continuous body are quite as cogent in the case of a board of freeholders." The same reasoning applied to a board of education leads to the conclusion that it is not a continuous body. In the case of Pryor vs. Norton. 38 Vroom, 23. the Supreme Court said, "The general rule is that the resignation of a municipal office, to be complete, must be accepted by the authority having the power to fill the vacancy 'thereby created," and in the case of Fitch vs. Smith, 28 Vroom, 526. it said, "Assuming for present purposes that the position of principal of a public school is, as the relator insists, a public office, still it appears that when the relator was chosen to that office by the former board of trustees, the office was held by an incum- bent whose term would not end until after the expiration of that Board and the organization of a new board. Such a choice could give the relator no title to the office, as the power of appointment belonged to the board which would be in existence when the office became vacant." ' The board of education which, on March 31st, refused to accept the resig- nation of the appellant ceased to exist on the third day of April, and the action taken, in view of the decisions above quoted was null and void. The Board of Education which ceased to exist on April 3rd, 191 1, having no power to act on the resignation of Miss Nicholson, the next question to be considered is could the Board which organized on that date act on said resig- nation ? The resignation not having been withdrawn it was properly before 'the Board of Education as soon as it had organized and said Board was acting within its powers when it accepted Miss Nicholson's resignation. The appeal is dismissed. November 10th ,1911. [Decision of th.' State Board of Education.] This is an appeal by Miss Nicholson from a decision of the Commissioner of Education sustaining the acceptance of her resignation by the Board of Education of the Borough of Swedesboro and its refusal to continue her em- ployment. In May, 1907, Miss Nicholson was elected Supervising Principal of the Schools of Swedesboro and thereafter yearly contracts were made with her. On the 8th of February, 191 1, at which time she was protected by the Tenure of Service Act, she wrote the Board of Education as follows : "I hereby tender my resignation as Supervising Principal of Schools in the District of the Borough of Swedesboro, to take effect when the work of the present school year will have been completed, to those members of the Board who have aided me in the discharge of my duties as Supervising Principal, I am most grateful, wishing you success in all your undertakings of the future." 2 4 S SCHOOL LAW DECISIONS. This letter was presented at a meeting of the Board held on February 8th, the day of its date and "read and laid over." The Board consisted of nine mem- bers, three being elected annually on the third Tuesday in March for a term of three years from the first Monday in April. On March 21st a school elec- tion was held. Thereafter on Friday, March 31st, three days prior to the first Monday in April, the Board at a meeting by a vote of five to four resolved not to accept her resignation, and she was notified by letter dated April 1st. On April 3d, that being the first Monday in April, the new Board convened. Seven members were present, and they unanimously resolved to accept her resig- nation. Notice of such acceptance was given her by letter dated April 4th, Miss Nicholson testified that on receipt of the notice of April 1st, she concluded that her position in Swedesboro was secure and she ceased all attempts to obtain other employment. Such conclusion she did not communicate to the new Board and so far as the record discloses, in no way did she protest against its resolution of April 3d. Between April 4th and the close of the school year neither she nor the Board referred to her resignation. Before the close of the school year the District Clerk in pursuance of his usual custom requested her to prepare a list of supplies for the ensuing year. On August 2nd the District Clerk wrote her that the school would open on September 5th. On August 15th, he wrote her that supplies for the next term had been delivered and he requested her to check them. She did so. His letters of August 5th and 15th, and her checking, were not authorized by the Board and were never approved. On August 31st, in pursuance of a resolution of the Board, the Dis- trict Clerk wrote her calling attention to its acceptance of her resignation, the notice to that effect written her on April 3d, and informing her that she was no longer in the employ or under contract with the Board. On September 18th, in pursuance of a resolution of the Board, the District Clerk wrote her as follows: "You are hereby again notified that you are not under contract with, nor in the employ of the School Board of the District of the Borough of Swedes- boro, your resignation having been duly and properly accepted by the said Board. You will, therefore, please not trespass upon the said school property, and, if you persist in so doing, it will be necessary for the Board to take proper action to prevent such tresspass." "Done by order of the School Board of the District of the Borough of Swedesboro." Such are the facts of the case. Miss Nicholson claims that she is still in the employ of the Board and bases her claim briefly on the following proposi- tions : (1) That she rendered to the Board a list of text books and supplies for the school year 1911-1912. (2) That the refusal of the Board on March 31st to accept her resigna- tion was final ; that the new Board had no right or authority to accept it, and that as a matter of law there was no resignation before it on which to act. As for the first proposition, it seems clear that the list of text books and supplies was furnished during June, 191 1, that is prior to the close of the school SCHOOL LAW DECISIONS. 249 year, and that no service after the close of th? year was rendered by Miss Nicholson with the knowledge or approval of the Board. The second proposition was very carefully considered by the Commissioner. He decided that a resignation can be acted on only by the body which can fill the vacancy which results, that the Wwedesboro Board of Education was not a continuous body, that the Board of Education which on March 31st, 19 1 1, refused to accept the resignation, ceased to exist on April 3d, 1911, that it had no power to fill a vacancy to occur on June 30th, 191 1, that its attempt to act on a resig- nation to take effect on that day was null and void, and that the resignation as it had not been withdrawn, was therefore properly before the Board which came- into existence on April 3d, and that as it accepted the resignation, Miss Nicholson is not now in its employ. The authorities seem to support such conclusions, and we might well rest a recommendation of affirmance on the opinion of the Commissioner. It may be said that such a decision is technical, but we find 'that to support the claim of Miss Nicholson legal theories as abstruse, if not more so, are advanced. There is one aspect of the case aside from legal refinements which im- pressed us. Miss Nicholson in February, 191 1, was in the employ of the Board serving under a contract for a term of one year from July 1st, 1910, to June 30th, 191 1. The Tenure of Service Act was a part of that contract. It in effect, gave her an option to serve the Board during succeeding years. At the end of her yearly contract, she could leave the Board or stay with it as she chose. If she chose to leave, the Board could not interfere with her wishes. In February, 191 1, she wrote in effect that she would leave on June 30th, 191 1. Had she offered to leave before the expiration of her contract, the Board, by a rejection of her offer, might have held her liable for damages if she did so. When, however, she said she would leave at the expira'tion of her contract, the Board was powerless to prevent her. By no act could it com- pel her to stay. She could leave on June 30th, and her testimony shows that she knew she could, no matter what the Board did. On February 8th, 191 1, she tendered her resignation to take effect at the close of the school year. Knowing as she did that the Board was powerless to prevent her from carry- ing out her intention, it was only fair if she changed her mind to say so. When, on April 4th, the new Board, the Board that she knew would be re- quired to re-employ her or to engage her successor notified her that her resig- nation was accepted, it seems to us that she should have made clear her posi- tion unless she was still determined to stop at the close of the year. Possibly she thought that the action of the old Board was equivalent to an actual destruc- tion or revocation of her regisnation. She should at least have said so. In- stead, she remained silent. Her resignation was on file with the Secretary of the Board at the close of the school year. The Board had nothing before it to indicate that her wishes were then any different from those expressed in it. The Board did not re-employ her, and in view of her resignation unrevoked by any act on her part, it was not obliged to do so. February 3, 1912. The Supreme Court affirmed the decision 54 Vr. 36. 250 SCHOOL LAW DECISIONS. CONTRACTS FOR BUILDINGS BY BOARD OF EDUCATION ACTING UN- DER ARTICLE VII OF THE SCHOOL LAW. Anderson Price vs. Board of Education of the Borough of Rutherford. [Decision of the Commissioner of Education.] Anderson Price, pro se. Luther Shafer, for the Respondent. The Petitioner prays that the Commissioner of Education decide as to the legality of the action of the Respondent in making certain changes in 'thei specifications for the erection of two school buildings after the contract had been awarded but prior to its execution. It appears that in May, 191 1, the Board of Education advertised for pro- posals for the erection of two school buildings ; that when the proposals were opened it was found that all exceeded the amount of the appropriation ; that action on the bids was deferred and an additional appropriation was secured ; that later the bid of Julius Koch Company was accepted, said company being the lowest bidder, and a contract drawn, dated July 3rd, 191 1; that said con- tract was not executed on that date, the Julius Koch Company refusing to sign it for the reason that owing to the delay the cost to him would be greater by reason of the increased cost of material ; that after the contract was drawn, but before it was executed, certain changes were made in the specifications, making a reduction in the cost of the building of about $2,500 and that the Koch Company signed said contract about August 14th. The School District of the Borough of Rutherford is incorporated under Section 84 of "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 19, 1903, and is governed by the provisions of Article VII of said act. There is nothing in Article VII prescribing the method of awarding contracts, and the action of a board of education in this respect is governed by such sections in the "Act for the punishment of crimes" and in other acts of the Legislature as relate to the awarding of contracts by municipal boards. Section 10 of the act relating to public schools above referred 'to provides that the Commissioner of Education "shall decide, subject to appeal to the State Board of Education and without cost to the parties, all controversies and disputes that shall arise under the school laws." The action of the Board of Education of Rutherford in amending the speci- fications for the erection of the school buildings after the contract had been awarded, is not a "controversy or dispute arising under the school laws." The appeal is dismissed. December 15, 1911. SCHOOL LAW DECISIONS. 251 CONTROVERSY ARISING UNDER THE SCHOOL LAW, SECTION 10. Arthur W. Clayton, vs. The Board of Education of the City of Hoboken. Edward I. Taylor, for the Appellant. Merritt Lane, for the Respondent. [Decision of the Commissioner of Education.] The Appellant is the Business Manager of the school district of 'the City of Hoboken. Charges of "conduct unbecoming an employe and gross neglect and laxity in the performance of his duties as Business Manager" were preferred against him, and after a hearing before the Respondent he was adjudged guilty. The resolution adopted by the Board of Education finding the Appellant guilty contains the following: "That sentence be suspended pending an investiga- tion by the Prosecutor of the Pleas of the County of Hudson, and action thereon by the Grand Jury of the County of Hudson." The Grand Jury has taken no action in the matter, and the Appellant is still in the employ of the Respondent and is performing his duties as Business Manager. The Respondent has not taken any action looking to the punish- ment of the Appellant. Section 10 of the School Law gives to the Commissioner of Education power "to decide all controversies and disputes that shall arise under the school laws." The action of the Board of Education of Hoboken in this case is not com- plete, and the Appellant has not been deprived of any of his rights or privi- leges as Business Manager. There is not, therefore, any controversy or dis- pute within the meaning of Section 10 of the School Law. The appeal is dismissed. December 21, 1911. DISCHARGE OF SUPERVISING PRINCIPAL. TEACHERS' CONTRACTS. Grover F. Kipsey, vs. Board of Education of Warren Town- ship. Alvah A. Clark, for the Appellant. John F. Reger, for the Respondent. [Decision of the Commissioner of Education.] The minutes of the Board of Education of Warren Township for April 3rd, 191 1, contain the following: 252 SCHOOL LAW DECISIONS. "Motion made by Mr. Shoemaker that Grover F. Kipsey be engaged as Supervising Principal, if qualified, for the balance of the year, with the under- standing that if his services were satisfactory to the Board he be engaged to serve as Principal beginning in September in the immediate year. Carried." At a meeting of the Board held June 3rd, 191 1, certain teachers were ap- pointed for the then ensuing year, and action on the continuance of the Super- vising Principal was deferred. At a meeting of the Board held June 24th, after a motion had been made to continue Kipsey as Supervising Principal, and before action thereon, the President, Edmund E. Sage, presented his resignation as a member of 'the Board. The resignation was at once accepted, and after the election of a President, Minard G. Smith was elected a member of the Board, and at once took his seat. Immediately thereafter, Sage was elected as Supervising Prin- cipal for the then ensuing school year. Kipsey claims that his appointment on April 3rd was not only for the re- mainder of the then current school year, but also for the year beginning July 1st, 191 1, and he appeals from the action of the Board and prays that he be restored to the position of Supervising Principal. The Board of Education denies that it elected Kipsey for more than three months, but insists that his employment for the ensuing year was conditioned upon his services being satisfactory; that his services were unsatisfactory; that Kipsey was not qualified for the position by reason of the fact that he did not hold a proper certificate, and that the contract was invalid for the reason that it was not in writing. A supplement 'to the School Law, P. L. 1909, p. 259, provides, among other things, that "no person shall be appointed Supervising Principal unless he or she shall hold either a State or first grade county certificate." At the time Kipsey was appointed he held a second grade county certifi- cate and he also had a letter from the County Superintendent of Schools dated March 31, 191 1, stating that Kipsey had passed an examination in all but one of the subjects required for a first grade county certificate, and that "should you be elected Supervising Principal I should, therefore, give you a provisional first grade certificate good until June 1, the understanding being that you would pass the one subject still to be taken at the May examination for teachers." There is no record of the issuing of the provisional certificate, and the County Superintendent was unable to fix the date on which it was issued, but he says in his testimony : "On further reflection I feel perfectly satisfied that I did give a permit to Mr. Kipsey, although I cannot recall the actual fact of hand- ing it to him or mailing it. I am morally certain, entirely to my own satis- faction, that I did give such a permit, particularly in the light of the letter which was presented here this morning in which I said I would do so. A per- mit is not usually given until a position is established. We would not give a permit in advance because we would not know where the party would be. I simply had to wait until some one was elected to fill the position, and I issued the permit to the best of my recollection." A provisional first grade county certificate has the same value as a license to teach as a certificate of the same grade issued after the required examination is completed. The evidence regarding the certificate is not entirely satisfactory, but in view of the testimony of the County Superintendent and of the fact that Kipsey was paid his salary each month, the right of the Appellant to the office of Super- SCHOOL LAW DECISIONS. 253 ■vising Principal cannot be attacked successfully on the ground that he did not hold a proper certificate. The Respondent in its brief says "the contract was not in writing." There is nothing in the evidence covering this point, and in the absence of proof to the contrary it must be assumed that the appellant was legally employed. A Board of Education is presumed to know the law relating to contracts and the payment of salaries, and the Respondent having permitted Kipsey to serve as Supervising Principal, and having paid him his salary, it cannot at this late date plead that there was no contract with Kipsey. Full force and effect mus't be given to all parts of a contract, and the lan- guage, must, if possible, be given its ordinary interpretation. If, as the Respondent insists, the contract was only for the months of April, May and June, the latter part of the resolution was unnecessary. Had the resolution simply read "That Grover F. Kipsey be engaged as Supervising Principal, if qualified, for the balance of the year," the Board of Education and Kipsey could have, at a later date, entered into a contract for the school year 1911-12. If the contention of the Respondent is correct, the remainder of the resolution which reads "with the understanding 'that if his services were satisfactory to the Board, he be engaged to serve as Principal beginning in Sep- tember in the immediate year," is unnecessary and meaningless. On the other hand construing the resolution as a contract for the ensuing year, if Kipsey's services proved satisfactory, gives a meaning to all parts of the resolution, and it is the natural and correct construction. The determination as to whether or not the services rendered by Kipsey from the dat<* of his employment until the date on which his successor was ap- pointed, were satisfactory, rested entirely in the discretion of the Respondent and the Board had the undoubted right to discharge him at the end of June, if, in its judgment, his services were unsatisfactory. The value of his services was to be determined by the Board, and even if it could be proven that his services were of the highest otder it would be of no avail if the Board discharged him in good faith, for the reason that his services were not satisfactory to it. The only cause for which Kipsey could have been removed was that his services were unsatisfactory to the Board of Education, and the point remain- ing for consideration is, was the appointment of Sage and the consequent re- moval of Kipsey made in good faith, and because Kipsey's services were un- satisfactory? A careful reading of the evidence given by the members of the Board who voted for the appointment of Sage leads inevitably to the conclusion that the character of the services rendered by Kipsey had no influence whatsoever on 'the action of the Board. Certain members of the Board testified that they had heard rumors about Kipsey, but they were never brought to the attention of the Board, and no attempt was made to ascertain whether they were true or false. At the meeting of June 24th when the County Superintendent asked if there was any dissatisfaction with Kipsey there was no response. All the circumstances connected with the candidacy of Sage, his resigna- tion as a member of the Board, the election of his successor, and his appoint- ment as Supervising Principal, show conclusively that the removal of Kipsey was not done in good faith and because his services were unsatisfactory to the Board of Education. In fact, the Board never considered the question, 254 SCHOOL LAW DECISIONS. but the members have endeavored to justify their action on their individual judg- ment founded on rumors which they never investigated. The Appellant was not legally removed and must be restored to his posi- tion of Supervising Principal. December 29, 191 1. BOARDS OF EDUCATION IN CITIES. CHAPTER 233, P. L. 191 1. Appeal of John H. Sheridan, George Barso, Frederick Wendelken and Wilson Taylor from appointments made by the mayor of the clty of HODOKEN. Merritt Lane, for the Appellant. John J. Fallon, for the Respondent. [Decision of the Commissioner of Education.] The petitioners are members of the Board of Education of the City of Hoboken, appointed for terms which will not expire until 'the first day of Janu- ary, 1913. The Mayor of Hoboken has appointed nine persons to take office as mem- bers of the Board of Education of the City of Hoboken u^on the first day of February, 19 12, claiming as his authority for such action Chapter 233 of the laws of 191 1. The petitioners request that the appointments of th» Mayor be set aside for the reasons : First, that Chapter 233 of the laws of 191 1 is unconstitutional, and, Second, because the Board of Education of the City of Hoboken is com- posed of less than nine members. The law gives to the Commissioner of Education power "to decide all con- troversies and disputes which arise under the school laws of the State. The constitutionality of an act is not a controversy arising under the school laws and the Commissioner is without authority to pass on this question. The members of the Board of Education of the City of Hoboken have heretofore been appointed in accordance with the provisions of Chapter 49. P* L. 1902. The act says that "There shall be established in every city in the second class in this State whose population now exceeds or may hereafter ex- ceed fifty thousand, a board of education which shall be composed of and managed and controlled by eight commissioners to be known as Commissioners of Public Instruction * * * and the mayor of such cities shall be a mem- ber ex-otlicio of said board and shall be entitled to vote therein in case of a tie." Chapter 233, P. L. 191 1, says that "In each city, other than those cities where boards of education now consist of less than nine members 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 men- SCHOOL LAW DECISIONS. 255 bers of the board of education of such school district. * * * 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 February next succeeding his appointment." Section 2 of the last mentioned act provides that "The terms of office of all members of boards of education in school districts which are effected by this act. * * * shall expire on the thirty-first day of January next after the passage of 'this act." If the Board of Education of the City of Hoboken is composed of nine members it is. of course, subject to the provisions of Chapter 233 above re- ferred to, and the terms of office of the members of the Board of Education appointed in January, 191 1, for the term of -two years will expire January thirty-first, 1912. If, however, the Board of Education of the City of Hoboken is not composed of nine members it is not affected by the act and the members will serve for the terms for which they were originally appointed. The powers of the mayor under Chapter 49 of the laws of 1892 are limited to voting to break a tie vote in the Board of Education. This does not make him a member of the Board of Education within the meaning of Chapter 233 of 'the laws of 191 1. The Board of Education of the City of Hoboken is not affected by the provisions of Chapter 233, P. L. 191 1, and the members of said Board are to be appointed in the same manner as heretofore. January 24, 1912. Chapter 233, P. L. 191 1, was declared unconstitutional by the Supreme Court at the June term, 1912. DISCHARGE OF JANITOR. CHAPTER 44, P. L. 19". A. R. VlCKERS vs. Board of Education of Northfield. Borough. A. R. Vickers, pro se. D. Ryon Price, district clerk, for 'the Respondent. [Decision of the Commissioner of Education.] Chapter 44, P. L. 191 1, provides that a public school janitor shall not be discharged, dismissed or suspended, nor shall his pay or compensation be de- creased, except upon sworn complaint for cause, and upon a hearing had be- fore such board. This act went into effect on March 20th last. It appears from the papers before me that Vickers was elected janitor of the school in Northfield about fifteen years ago, and that his last appointment was under date of September 27th, 1910. It also appears that there was no written contract entered into and that the resolution appointing him did not specifically state the term for which he was appointed. It also appears that the board attempted to elect another person in his place as janitor at a meet- ing of the board held in September last. This action was taken after the act above referred to became a law. It further appears that no charges had been made against him nor any hearing held as required by the statute, and that he was not formally dismissed by the board from its services as janitor. 256 SCHOOL LAW DECISIONS. He is clearly protected by the act above referred to and is still janitor of the school. The action taken in attempting to appoint his successor is null and void. February i, 19 12. REMOVAL OF DISTRICT CLERK. CHAPTER 1, SPECIAL SESSION. 1903. Clare M. Henry, Appellant, vs. Board of Education of Bernards Township Respondent. [Decision of the Commissioner of Education.] The Appellant was appointed District Clerk by the Respondent in June, 191 1, for a term which would expire June 30, 191 2. At a meeting held April 1, 191 2, the Respondent declared the office of District Clerk vacant and thereupon ap- pointed John J. Foley to that office. Section 91 of the School Law provides that a board of education may re- move a district clerk by a vote of a majority of all the members of said board. I am of the opinion that a board of education may remove a district clerk at any time, even though he was appointed for a definite term. The appeal is dismissed. May 3, 1912. TEACHERS' TENURE OF SERVICE ACT. CHAPTER 243, P. L. 1909. Hower T. Marsteller, Appellant, vs. Board of Education of Pleasantville, N. J., Respondent. [Decision of the Commissioner of Education.] McCarter and English, for the Appellant. Charles C. Babcock, for the Respondent. The Appellant was first employed by the Respondent in 1902. On May 12th. 1908, a contract was entered into, by the parties to this action, by the terms of which the Apellant was to serve as th e Supervising Principal of the Schools in Pleasantville for the term of three years, beginning September 1st, 1908. Section 87 of the School Law (Special Session 1903) gave to a board of education power to "appoint a suitable person as supervising principal of schools, define his duties and fix his salary." It was under the provisions of .this section that the contract of May 12, 1908, was entered into. In 1909 the legislature SCHOOL LAW DECISIONS. 257 passod ah act (P. L. 1909, Chapter 170) amending section 87 by providing that no supervising principal should thereafter be appointed "until the necessity for the appointment of a supervising principal should have been aulhorizsd in writing by the County Superintendent of Schools and approved by the Stale Superintendent of Public Instruction and the State Board of Education." The amendment also provided that "the terms of all Supervising Principals now in office shall end on the thirtieth day of June next after the passage of this act, and none shall hereaf- ter be appointed except in the manner provided by this act." This act went into ef- fect April 19, 1909. At the same session the Legislature passed an act known as the "Teachers' Tenure of Service Act" (P. L. 1909, Chapter 243). This act provides that "the service of all teachers, principals, supervising principals of the public schools in any district of this State shall be, during good behavior and efficiency, after the expiration of three consecutive years in that district, unless a shorter period is fixed by the employing board ; provided, that the time any teacher, principal, supervising principal has taught 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." At a meeting of the Board of Education of the Borough of Pleasantville, held May 9, 191 1, the following resolution was adopted: "Resolved, by the Board of Education of the Borough of Pleasantville that the services of the said Hower T. Marsteller as Supervising Principal of the said Borough of Pleasant- ville be, and are hereby terminated at twelve o'clock midnight, May 11, 191 1, and the District Clerk is hereby directed to so advise said Hower T. Marsteller." Marsteller applied to the Court for a writ of certiorari, and while the matter was still before the Court filed an appeal with the State Superintendent. The State Superintendent declined to consider the appeal while the matter was before the Court. On September 15, 191 1, the Court refused the writ, on the ground that the •matter should first be decided by the Commissioner of Education and the State Board of Education. The full amount of salary due Marsteller under his con- tract, which expired September, 1911. has been paid him, and it is not necessary, therefore, to pass upon the complaint filed by Marsteller appealing from the action of the Respondent in this case in attempting to discharge him o xviay 11, 1911. Marsteller has, however, filed a supplementary appeal in which he claims that he is protected by the provisions of chapter 243, P. L. 1909, and that no charges have been made against him, as required by said chapter, and that he continued to perform the duties of Supervising Principal without molestation or interference until September 22, 191 1. The Appellant insists that having been continuously in the employ of the Respondent since 1902. he is protected by the Teachers' Tenure of Service law, that he is still in the employ of the Respondert, and that the resolution adopted by the Respondent on September 22, ion, notify- ing the teachers employed in the School District of the Borough of Pleasantville that Marsteller had been dismissed was null and void. The Constitution prohibits the Legislature from passing any act impairing the obligation of a contract in force at the time of the passage of the act. The provision contained in Chapter 170, P. L. 1909, that the terms of all supervising principals in office at the time said chapter became a law should te<-minnte on June 30, 1909, must, therefore, be construed as not applying to Marsteller for the reason that he was holding his position under a contract enter- ed into prior to the date on which said chapter went into effect, said contract being for a definite term, which did not expire until September 1st, 191 1. 25S SCHOOL LAW DECISIONS. If the contract was terminated by the amendment to section 87, above re- ferred to, the position of supervising principal in Pleasantville has not been in existence since June 30th, 1909, for the position has not been created as re- quired by said amendment. There are two questions, now, before me for determination : First. Was the contract between Marsteller and the Board of Education of Pleasantville terminated by the provisions of Chapter 170, P. L. 1909? Second. If said contract was not terminated is Marsteller protected by the Tenure of Service Act? The first question has already been decided. In June, 1909, Marsteller ap- plied to the State Superintendent for a decision as to what affect, if any, Chapter 170, P. L. 1909, had on his contract, and the State Superintendent then decided that his contract was not affected, and that he was entitled to hold the posi- tion of Supervising Principal in the School District of the Borough of Pleasant- ville for the full term of his contract. No appeal was taken from this decision. The second question divides itself into two parts : (a) Did Marsteller come within the provisions of the Tenure of Service Act immediately upon its going into effect, and, (b), if not, has Marsteller since the termination of said contract rendered such service as entitles him to the protection of said act. The contract between Marsteller and the Board of Education was entered into prior to the passage of the Tenure of Service Act, and, as has been shown above, the Legislature was powerless to pass any act which would change the conditions of the contract. When the period for which the contract was made had ended, Marsteller ceased to be in the employ of the Board of Education of the Borough of Pleasantville, and if he now is in its employ it is by means of some service rendered by him since the termination of his contract. Marsteller testified that the schools opened September 20, 191 1, and that he entered upon the discharge of his duties on that date, and continued without in- terruption until September 22, 191 1, but there is no evidence that he had been re- engaged or that the Board of Education had taken any action subsequent to the termination of his contract, other than the resolution adopted September 22, 191 1, notifying the teachers that Marsteller was no longer in the employ of the Board. His testimony on this point is as follows : Q. Who, if anybody, directed you to go to the school on September 20th? A. No one. Q. Previous to September 20th had anybody connected with the School Board directed you not to go there on the 20th ? A. No one. The Board of Education not having taken any action for the re-employment of Marsteller, subsequent to the termination of the contract, any service rendered by him was without the sanction of the Board of Education, and could not reinstate him. In attempting to render service he was an interloper and not an employee of the Board of Education. The appeal is dismissed. May 9, 1912. SCHOOL LAW DECISIONS. 259 [Decision of the State Board of Education.] In September, 1902, Mr. Marsteller, the Appellant, entered the employ of the Respondent as principal of its schools. On the 1st of March, 1903, he was made supervising principal. On May 12, 1908, a written contract was entered into wherein and whereby the Board of Education of Pleasantville engaged him as supervising principal for a term of three years from September 1st, 1908. On May 9, 191 1, the Board adopted resolutions to terminate his services and when, in the following September, he reported for duty, teachers were instructed to ignore him. Mr. Marsteller claims that his discharge was contrary to the Tenure of Service Act, and, therefore, unlawful. In that Act it is provided : "The service of all teachers, principals, supervising principals of the public schools in any school district of this State shall be during good behavior and efficiency, after the expiration of a period of employment of three consecutive years in that district, unless a shorter period is fixed by the employing board, provided that the time any teacher, principal, supervising principal has taught 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." When the Board resolved to dismiss him, Mr. Marsteller had been in con- tinuous service for eight years, five years longer than the period prescribed by the statute, and unless the statute does not apply in his case, he was entitled to continue during good behavior. It is urged that as his contract which expired on September 1, 191 1, was made prior to the Tenure of Service Act, the Legislature was powerless to pass a law which would change its conditions, and that its conditions were changed if at its expiration his services did not ipso facto come to an end. The Commissioner in deciding against Mr. Marsteller wrote : "The contract between Marsteller and the Board of Education was entered into prior to the passage of the 'Tenure of Service Act,' and, as has been shown above, the Legislature was powerless to pass any act which would change the conditions of the contract. When the period for which the contract was made had ended, Marsteller ceased to be in the employ of the Board of Education of the Borough of Pleasantville, and if he now is in the employ it is by means of some service rendered by him since the termination of his contract." It may be true that the learned Commissioner is correct. In the absence aowever of a judicial decision or of an opinion by the Attorney General, we believe that we should assume not only that the statute construed to embrace and protect Mr. Marsteller is constitutional, but that the Legislature is well with- in its powers when, in the enactment of a Civil Service or Tenure of Service law, it defines the status of public employees and prescribes that those in service for a stipulated term on or after a certain day shall, thereafter, serve during good behavior. The Tenure of Service Act was not hastily passed. It was the subject of considerable discussion and became a law in the face of vigorous opposition. It was discussed from every aspect, and we cannot assume that the Legislature did not realize that because of outstanding contracts all principals and teachers could 260 SCHOOL LAW DECISIONS. not be dismissed before the time provided for the Act to take effect. To destroy, as far as possible, the spoils system in our schools, it enacted that on and after September i, 1909, principals and teachers who had served for three consecutive years could thereafter be removed only for cause. The Board of Education of Pleasantville could, therefore, if there was any just cause, have removed Mr. Marsteller after a hearing and notice. It made no attempt to comply with the statute, and we therefore believe that his discharge was contrary to the law. Our attention has also been called to Chapter 170 of the Laws of 1909, wherein it is provided that "the terms of all supervising principals shall end on June 30 next after the passage of this Act, and none shall hereafter be ap- pointed except in the manner provided by this act." Whether that statute applied to Mr. Marsteller or not, he actually performed the duties of supervising principal for two years after June 30, 1909, and the State, county and local authorities all assumed that he was lawfully a supervising principal. After the expiration of his contract he continued to be a supervising principal not by reason of any appointment under Chapter 170 of the Laws of 1909, but by reason of the fiat of the Legislature as expressed in Chapter 243 of the Laws of the same year and commonly known as the Tenure of Service Act. December 7, 1912. Concurring opinion of Dr. John C. Van Dyke. 1. It is not denied that Mr. Marsteller was in continuous service under the Respondent for eight years — five years longer than the term prescribed by the Tenure of Service Act and some six years prior to the passage of that act. 2. It is not in evidence that any attempt was made by the Respondent to oust Mr. Marsteller because of ineffciency or unbecoming behavior — at least no charge was preferred against him. 3. It seems the Board of Education of Pleasantville awaited the expira- tion of its contract with Mr. Marsteller and then refused to renew it for reasons which do not appear prominently in the case. 4. Mr. Marsteller claims the benefit of the Tenure of Service Act and the Board of Education of Pleasantville denies his right to the benefit of that Act because its contract with Mr. Marsteller was made prior to the passage of the Act and the Legislature could not constitutionally pass an act forbidding the termination of the contract. Assuming for the moment the Respondent's posi- tion to be correct, Mr. Marsteller was out of the School Board's employ the day his contract expired and hence could not take advantage of the Tenure of Service Act because not actually in service. 5. The question is, therefore, Toes the Tenure of Service Act passed by the Legislature in 1909 apply to Mr. Marsteller's case? To assume that a contract to teach, or supervise, either written or oral, must expire before the Tenure of Service Act can apply, is to give every School Board in the State the opportunity to defeat the law by awaiting the expiration of its contract and then claiming the teacher, principal or supervising principal was "out of service." and not within the meaning of the statute. This was evidently not the intent of the statute. Its evident intent was to apply the Civil Service rules to school teachers, principals and supervising principals that they might not be ousted from office for personal or partisan reasons while performing sati c factory service. They could, however, be ousted for cause shown. That Mr. Marsteller had a written contract for three years instead of an oral one seems to be in his favor rather SCHOOL LAW DECISIONS. 261 than otherwise. After six years of service, the Board of Education of Ple^sant- villc was evidently so well satisfied with him that it wished to secure his services for three years more, and under a written contract. That this should now be turned to Mr. Marsteller's disadvantage, and should be used against him as argument for the Tenure of Service Act not applying in his case, seems unfair and unjust. the contention of the Board of Education of Pleasantville turns on a technicality which assumes the unconstitutionality of the Tenure of Service Act. I do not think the State Board of Education has the right to assume the unconstitutionality of the Act. It seems to me the State Board should assume the constitutionality of the act and endeavor to interpret it in the light of the maker's intention. The intent and spirit of it, as already stated, is evidently to apply civil service rules to just such cases as that of Mr. Marsteller. The. Tenure of Service should be held to apply to him and his discharge by the Board of Education of Pleasantville should be. declared null and void. GRADUATING EXERCISES NOT A PART OF THE COURSE OF STUDY. John H. Bartlett, Jr., Appellant, vs. The Board of Education of the Town- ship of West Orange, Respondent. [Decision of the Commissioner of Education.] The Appellant is the father of John H. Bartlett, II, Who was a pupil in the twelfth year of the West Orange Schools during the school year of ioio-ii, and he appeals from the action of the Respondent in refusing to deliver to his son a diploma at the graduating exercises held in West Orange on June 23rd, 191 1. The facts in the case as they appear in the evidence are as follows: Bartlett was notified on May 15th, 191 1, that he had been selected by the faculty of the high school as valedictorian of his class. He asked to be excused for the reason that he was busy preparing for his entrance examinations to college, and did not have time to prepare the valedictory. His request was refused and he thereupon prepared a paper and presented it to Miss Drew, his teacher in English, on or about May 29th. On the same day the paper was rejected as unsuitable, and he again requested that he be excused. He repeated the request the next day and Miss Drew then told him that she was willing he should be excused, provided, Mr. Todd, the Principal consented. Bartlett testifies that Todd did consent, and Todd testifies that he was willing to excuse him and tried to get another boy to take the valedictory. Failing in this the con sent was withdrawn. On June 14th Bartlett presented a second paper which was rejected on the ground that, while it was suitable for a Class Day paper, it was not sufficiently dignified for a valedictory. On June 22nd, the day before the graduation exercises were to be held, Bartlett presented a thesis in lieu of a valedictory. This was refused on the ground that it was submitted too late. 262 SCHOOL LAW DECISIONS. Bartlelt testifies that he believed he had been excused, and this is corroborated by his mother who testifies that Miss Drew said to her : "It was positively funny the relief John showed at having been excused from giving the valedictory." The Board of Education took no action in this case. It is true that there was an informal meeting of the members of the Board with the faculty of the high school, but not all the members were notified of the meeting, and no minutes were kept. Any expression of opinion by the members of the Board at that meeting must be considered as an expression of their individual opinions and not as the action of the Board. Bartlett was not notified of th»* meeting, was not present, and was not, at any time, given a hearing. The action, sucb as it was, was ex parte. There are two questions before me for decision, viz. : Are the graduating exercises a part of the Course of Study in the West Orange Schools? Did Bartlett complete the course of study, and if so, is he entitled to receive a diploma notwithstanding the fact that he did not deliver the valedictory or submit a thesis satisfactory to the faculty of the school? Section three of the School Law gives to the State Board of Education power "to prescribe and enforce rules and regulations necessary to carry into effect the School Laws of this State," and section 182, paragraph (b) provides for an apportionment of State moneys for a high school "having a full four years' course of study approved by the State Board of Education." A rule of the State Board of Education reads as follows: "Diplomas shall be granted only to pupils who shall have completed a full four year course aggregating at least seventy-two 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." The course of study in the West Orange High School has been approved by the State Board of Education. It requires for graduation from its College Preparatory Course eighty-four counts, but does not provide that papers prepared for the graduating exercises shall be a part of the required course. In fact, it makes no reference whatever to the graduating exercises. A diploma is evidence of the completion of a required course of study, and, in the absence of any requirement that the preparation of a paper for the graduating exercises is a part of the course, a pupil who has completed the course and received the re- quired number of credits is entitled to a diploma even though he may not have prepared such a paper. It is in evidence that Bartlett had completed the course with the excep- tion of the valedictory- The Principal, Mr. Todd, testifies that "his work would have been satisfactory if he had presented that valedictory properly written." He also testifies that a "diploma indicates a satisfactory completion of a course of study prescribed by |he Board of Education "for the t "Higb School," and that there was no reason, other than his failure to present and deliver the valedictory, why Bartlett should not have received his diploma. Mr. Farr, the President of the Board, testifies that Bartlett was an unusu- ally bright pupil, and that the Board would have been only too happy to have permitted the diploma to have been given to Bartlett, and would "have bee» SCHOOL LAW DECISIONS. 263 willing to strain a point had his record in previous cases and also at this time shown the right attitude." It is also in evidence that Bartlett stood at the head of his class. If, there- fore, the other members of the class received the required credits, Bartlett also received them. The testimony of Miss Drew, Mr. Todd and Mr. Farr leads inevitably to the conclusion that the refusal to grant a diploma to Bartlett was not because he had not completed the required course, but as a matter of discipline. I find that the graduating exercises are not a part of the course of study prescribed for the West Orange High School, and that Bartlett completed the prescribed course. It is hereby ordered that the Board of Education deliver to John H. Bartlett III a diploma dated June 23rd, 1911. May 27, 1912. PROCEDURE FOR THE ISSUE OF BONDS BY A DISTRICT ACTING UNDER ARTICLE VII. William B. Krug and Benjamin F. El- lison, Appellants, vs. The Board of Education of the Town- ship OF WOODBRIDGE, Respondent. 1 [Decision of the Commissioner of Education.] Lphraim Cutter, for the Appellant. J. H. Thayer Martin, for the Respondent. The complainants allege that the proceedings had at a meeting of the legal voters of the School District of the Township of Woodbridge, held on the nineteenth day of March, 1912, were illegal, so far as said proceedings relate to the selection of a lot, the erection of a school house, and the issuing of bonds, for the following reasons : First. Because the said resolutions were not introduced at said meeting, and no motion was made to adopt them ; ♦ Second. Because no motion was made at the said meeting to adopt the said resolutions or any of them, and there was no such motion before the meet- ing to be voted on ; Third. Because there were no such resolutions before the said meeting to be voted on ; Fourth. Because the said resolutions, and each of them, were not legally adopted at the said meeting ; Fifth. Because proper ballot boxes were not used at the said meeting; Sixth. Because the first resolution does not state of whom certain lots are to be purchased, and does not properly describe the said lots. Seventh. Because the first resolution authorizes the Board of Education to 264 SCHOOL LAW DECISIONS. accept certain lots, as well as to purchase certain other lots, all of the lots, form- ing one plot to be used for the erection of a school house. Eight. Because in the second resolution it is not specified what amount is to be expended for the erection of a school house, and what amount for the purchase of school furniture and equipment. Ninth. Because the polls at said meeting were kept open longer than the time provided by law. The first four reasons may be considered together. There is nothing in the law which prescribes the method of conducting a school district meeting, other than the provision for the election, of a chairman and secretary, the appointment of tellers, that the vote shall be by ballot, and the minimum time the polls shall be open. The complaints contend that the resolutions must be introduced at the meeting and a motion made to adopt them, and that in the absence of such introduction and motion the resolutions are not before the meeting. If this contention is sound it would be possible for the voters present at the time the resolutions were introduced to refuse by a viva voce vote to consider them and thus prevent persons who were not present at the opening of the meeting from voting. If the contention of the complainants is simply that the resolutions should be presented and a motion made to adopt them, and that the polls should immediately be declared open, without any action on the motion, such motion would be absolutely meaningless. The notices state the purpose for which the meeting is called and the resolutions which will be acted on. Any voter who presents himself during the time the polls are open has the right to cast his ballot for or against any proposition stated in the notices. He may not alter any resolution, except by reducing the amount of money to be appropriated for the purpose named in the resolution. A school district meeting is an election and not a meeting in the ordinary mean- ing of that word, and it is not necessary that the resolutions be offered at the meeting, or that any motion be made to adopt them. The fifth objection is that proper ballot boxes were not used at the meeting. The law does not prescribe the kind of ballot box which shall be used at a school district meeting. In the absence of any such provision any box may be used. The sixth objection is that the resolution does not state from whom the lots are to be purchased and does not properly describe said lots. If the voters desire to purchase a certain plot for school purposes they may direct the Board of Education to purchase it ; provided, such plot has been described in the notices. It is immaterial, so far as the voters are concerned, who is the owner of the plot. Any description in the notices which will enable the voters to locate the plot is sufficient. The description of the nlot now under consideration was stated in the notices and on the ballots as follows : "Plot about seven hundred feet west of Avenel Railroad Stntion on Cedar Street containing lots numbered 19, 20. 21, 22. 23, 24 and 25. for the sum of Five Hundred Dollars and to accept for the same purpose adjoining lots on the north side of Avenel Street numbered 1, 2, 3, 4, 5 and 6, from Mr. J. Blanchard Edgar, making in all a plot one hundred and fifty feet fronting on Avenel Street by two hundred feet in depth by one hundred and eighty feet on Cedar Street in the rear." Witnesses produced on behalf of the complainants testified that they had SCHOOL LAW DECISIONS. 265 never heard of Cedar Street, anil that there was no street about two hundred feet north of, and parallel with, Avenel Street, but Mr. Cutter testified that he had found in the office of the County Clerk a map on which Cedar Street was shown and the property west of the Railroad and along said street laid out in lots. It is also in evidence that the distance from the railroad to the first street running at right angles to Avenel Street is about fifteen hundred feet. The plot proposed to be purchased is about half way between the railroad and this street. The description of the plot as it appears in the notices and on the ballots, complies with the statute and was sufficient to enable the voters to act intelligently. The seventh objection is that the resolution authorizes the Board of Educa- tion to accept a donation of certain lots as a part of the plot on which to erect a school house. I know of no provision of law which prohibits a school district from accepting a gift of land for school purposes. The eighth objection is that the amount to be expended for the building and the amount to be expended for furniture and equipment were not separately stated. In the case of Stackhouse vs. Clark, 23 Vr., 291, the Supreme Court held that a "resolution to raise a single sum for building and furnishing a school house is not bad for uncertainty because the amount to be used for building and the amount for furnishing are not separately stated." In the case of Chamberlain vs. Cranbury, 29 Vr., 347, the Court of Errors held that bonds could not legally be issued for the purchase of school furniture. The law in force at the time the later decision was rendered authorized the issue of bonds for the purchase of lands and the erection or improvement of school buildings, but made no reference to the purchase of furniture, and the court decided that bonds could be issued only for the purposes designated in the law. The law now provides that bonds may be issued for the erection of a school house and for the purchase of school furniture and other necessary equipment. I think that the decision in the Chamberlain case is not in conflict with the decision in the Stack- house case. The resolution is not bad because it fails to state separately the amount appropriated for the building and the amount appropriated for furniture. The ninth objection is that the polls were kept open longer than the time provided by law. The law does not- fix the maximum time the polls shall be kept open, it simply provides that they "shall remain open one hour and as much longer as may be necessary to enable the legal voters present to cast their ballots." The evidence is that the polls closed about four-thirty, and that votes were cast after four o'clock. As the meeting did not convene until three o'clock and some time must have been consumed in selecting the officers, the polls would not have been open one hour had they been closed at four o'clock. The appeal is dismissed. June 11, 1912. [Decision of the State Board of Education.] This is an appeal from a decision of the Assistant Commissioner sustaining the validity of a school meeting held in the Township of Woodbridcre on March 10, iqi2. On that day by a vote of 218 out of a total of 2^8, the Board of Education was authorized to acquire a site, to erect a building, to purchase furniture and to issue bonds in the sum of sixteen thousand ($16,000) dollars. The Appellants disputed the validity of such authorization and ursred that the resolutions were not formally introduced and a motion made to at'opt them, that the site to be acquired was not sufficiently described, that authority could 266 SCHOOL LAW DECISIONS. not be given to acquire a site which in part was dependent on a gift, and thai the resolutions did not state separately the amount to be expended for the erection of the building, and the amount to be expended for the purchase of furniture and equipment. In the School Law are set forth certain requirements for the conduct of a school meeting called to authorize an issue of bonds. Where the Legislature has undertaken to specify the procedure to be followed at such a meeting we can- not assume that something which it has not specified is essential to its validity. The Legislature has not enacted that the resolutions which are to be voted must be read. The failure to formally read at the meeting the resolutions which were printed on the ballots, did not therefore, in our opinion, affect the validity of the proceedings. If the law were otherwise, the validity of many issues of bonds would be open to question. For years past, the Department of Public Instruction has issued in con- nection with the School Law, a Code of forms and instructions which are and have been generally followed. The twenty-fourth subdivision is entitled "Order of business at a district school meeting." The reading of the notice calling a meeting is set forth in this subdivision, but no mention is made about the read- ing of the resolutions. At the meeting in question, the notice was read and in the notice was contained a clear and precise statement of the substance of the resolutions. The objection, therefore, that the resolutions were not read at length, in our opinion was properly overruled. With regard to the site described in the notice and resolutions, we cannot find that there was any misconception on the part of the voters. Upon the argu- ments it was admitted that this entire dispute exists because the Appellants and others preferred another site. The very fact that there was a controversy about two sites is in itself a clear indication that their locations were known. Objection is also made that the voters could not authorize the Board to couple the acquisition of seven lots by purchase, with the acceptance of a gift of six adjoining lots. In the resolution it was stated that the thirteen lots would make a plot and the resolution concluded that "the cost of said plot shall not exceed the sum of five hundred ($500) dollars." The voters authorized the acquisition of the entire plot of thirteen lots for five hundred ($500) dollars and the Board could not disburse the five hundred ($500) dollars unless it re- ceived title to the thirteen lots. That title might be acquired by two deeds, one for six purporting to be a gift and the other for seven purporting to be a sale, seems to us a matter of form rather than substance. The remaining objection is that in the resolution, the amount to be ex- pended for the erection of a building was not stated separately from the amount to be expended for the purchase of furniture and equipment. In the Law under which the meeting was held, it was provided that the voters by a vote of the majority of those present, may authorize the Board of Education to issue bonds of the district for the purpose of building a school house and of pur- chasing school furniture and other necessary equipment. We do not find any pro- vision that the amount necessary for a complete school, that is for a building and furnishings, must be split up into items. It is not for us to read into the law something which is not in it. The Supreme Court at the November term, 1912, denied the application for a writ of certiorari. June g, 191 2. SCHOOL LAW DECISIONS. 267 RESIDENCE OF MEMBER OF A BOARD OF EDUCATION. Frank H. O'Brien, Appellant, vs. The Board of Education of the Town of West New York, Respondent. [Decision of the Commissioner of Education.) For the Appellant, Francis B. McCauley. For the Respondent, Mark A. Sullivan. The Appellant was elected a member of the Board of Education of West New York for a term of three years from the first Monday in ApriC 19U and served as such member until March 30, 1912. On that date the following preamble and resolutions were adopted by said Board of Education : "Whereas, It has been brought to the notice of the Board of Education of the School District of West New York that Frank H. O'Brien has ceased to be a resident of the territory contained in the School District of the Town of West New York, and has thereby ceased to be a member of the Board of Education of said School District ; NOW, THEREFORE, BE IT RESOLVED, That a vacancy exists in the membership of said Board of Education, and be it further RESOLVED, That Louis Wagner be and he is appointed a member of the Board of Education of the Town of West New York, in the County of Hudson, to take place of said Frank H. O'Brien, and to fill the vacancy caused by the non-residence of said Frank H. O'Brien." O'Brien attended a regular meeting of the Board on Monday, March 25, 1912. This meeting was adjourned until the Thursday following, and again adjourned to Saturday, March 30, when the preamble and resolutions above quoted were adopted. O'Brien attempted to attend the meeting of March 28, but was prevented by illness. He had no knowledge of the meeting of March 30, nor had he any knowledge tha't there was any question as to his being a resident of West New York. In fact, he received on the very day the resolution was adopted a notice of a meeting of the Board of Education to be held the following Monday. There is nothing in the evidence to show that 'the question as to his residence had been before the Board at any time prior to March 30th. There was no evidence presented at that meeting, and the action appears to have been based on statements made by O'Brien that he would not be able to attend all the meetings of the Board for the reason that, owing to ill health, he was temporarily living with his wife's mother at New- burgh, New York, and for the further reason that he had broken up his home in West New York and shipped his household effects to Newburgh. It is very clear from the evidence that O'Brien did not leave West New York with the intent of establishing a residence elsewhere, but that he fully expected to return as soon as his health would permit. The counsel for the Respondent very ingeniously argued that the residence of a member of a board of education contemplated by section eighty-three of the School Law, is not 2 6S SCHOOL LAW DECISIONS. his legal domicile, but his actual place of residence, and that a member of a board of education ceases to be a "resident of the territory contained in the school district" when he actually ceases to reside there, even though it is his intention to return. In many of our towns there are members of boards of education who have summer residences in the mountains or at the shore. The interpretation advanced by the counsel for the Respondent would create vacancies in such boards whenever members left the districts for their summer homes, and in some cases might result in leaving the boards with less than a quorum, and possibly leave a district without any board. I think that the word "resident" in section 83 must be construed as meaning domicile. Adopt- ing this construction O'Brien has not ceased to be a resident of the School District of West New York. Eut had I reached the conclusion that he had ceased to be a resident of the School District, I am of the opinion that he is still a member of the Board of Education. A public officer having been duly elected cannot be de- prived of his once except by due process of law. A member of a board of education must not only be a resident of the district at the time of his elec- tion but must continue to be a resident during the term for which he was elected. If he loses his residence he ceases to be a d? jure member, but con- tinues as a de facto member until his office has been declared vacant in the manner provided by law. The only provision in the School Law giving to a board of education power to remove one of its members is contained in section ninety-two. This section confines the power to remove to a case when a member fails to attend three consecutive regular meetings of the board without a good cause. It is not con- tended that O'Brien is subject to removal for this cause. The question as to whether or not a member of a board of education has ceased to possess the qualifications prescribed by law for membership in the board, is a controversy arising under the School Law, and the Board of Edu- cation of the Town of West New York had no power to decide such contro- versy. O'Brien has never ceased to be a member of said Board of Education, and the action of the Board in ousting him, and in appointing a person to fill the vacancy thus created, was illegal, null and void. June 13, 1912. [Decision of the State Board of Education.] In March, 1911, Frank H. O'Brien was elected a member of the Foard of Education of the Town of West New York in the County of Hudson for a term of three (3) years. On March 30, 1912, the Board declared that it had been brought to its notice that he had ceased to be a resident of West New York, and it thereupon resolved that he thereby ceased to be a member of the Board, and it elected Louis Wagner in his place. Mr. O'Brien was not present at this meeting. No notice was given to him that the Board contemplated declaring that he had forfeited his membership and no evidence was adduced at the meeting upon the question of his residence. Mr. O'Brien appealed to the Commissioner of Education and from a de- cision in his favor, the Board of Education of the Town of West New York appealed to the State Board of Education. Though considerable testimony was taken, the facts are simple. Mr. O'Brien became a resident of West New York in 1898 and that he was such until March,, 1912, is not disputed. For some time prior to March, 1912, hi9 SCHOOL LAW DECISIONS. 269 health was bad. At times he was unable to work and his physician advised him to go to Saranac Lake. At the end of February, 1912, to use his own expression, he broke up his home. His wife and child went to Newburgh to the home of her mother. His furniture was also shipped there to save, as he says, storage charges. Mr. O'Brien's mother, brothers and sisters, however, lived in an apartment in West New York. To that apartment he took all his cloth- ing and he and his brothers testified that after March 1 he resided therein. Prior to March, instead of going to Saranac, he spent some time with his wife's relatives in Newburgh. During March he spent part of his time at his mother's apartment in West New York, and part at the residence of his wife's mother in Newburgh. On March 25 the Board of Education of the Town of West New York held a regular meeting which Mr. O'Brien attended. At its conclusion, an adjournment was taken to the 28th. On the 28th he was at 'the home of his mother. He attempted to attend the meeting but his physi- cal condition was such that he had to abandon the attempt. At the close of the meeting another adjournment was taken to the 30th. No notice was given to him of this adjourned meeting, but a few hours before the time fixed for it, he received at the home of his mother wriften notice that on April 1 the new Board would meet to organize. At four o'clock in the afternoon of the 30th, the Board met and ad- journed to 8.15 p. m. It was at this adjourned meeting that the Board re- solved that Mr. O'Brien had forfeited his membership. No question has been raised as to the legality of this meeting which commenced after 8 p. m. con- trary to law, and in view of the conclusion which we have read, it is neces- sary for us to rule on it. Needless to say, if a Board can convene at four and then lawfully take a recess until 8:15 there would seem to be no reason why it could not do so until 9:15, 10:15, 11:15, or even midnight, and the spirit if not the letter of the law would be just as clearly broken if a meeting was called for any such hours. The law is very clear. Meetings of the Board of Education shall be public and shall commence not later than eight p. m. The object of the law, viz., full publicity, can be defeated almost as well by holding meetings when the great majority of the public is asleep as by a star chamber proceeding. We believe, however, 'that in this case the adjournment to 8:15 rather than to 8:00 was due to inadvertence. No evidence was taken upon the subject of the resolution, and each mem- ber in voting in favor of it did so, because of information which he had gleaned from conversations with Mr. O'Brien, with other members of the Board and from residents of the district. This information in brief was that Mrs. O'Brien and child had gone to Newburgh, that their furniture had been shipped there, that Mr. O'Brien, at times, stated that he had come from New- burgh, at other times that he intended to return to Newburgh, at other times that he was not sure that he could attend all the meetings of the Board, and that he had requested theSecretary to send notices to him at Newburgh. In . addition to such information some of the members of the Board believed that his mother's apartment was crowded and that he could not be accommodated in it. His mother's apartment, however, was visited by two members of the Board during the very week when the resolution was adopted and they found him there. No evidence was offered in any way tending to show that in Newburgh Mr. O'Brien had started business or that he had established a home for his family or that he had ever registered or voted, or that he had paid taxes or purchased property. We do not understand the counsel for the 270 SCHOOL LAW DECISIONS. Board to contend that he had abandoned his citizenship in New Jersey or that he ceased to be domiciled in West New York. The law provides that a number of a Board of Education shall be a citi- zen and resident of the territory contained in the school district. The Appel- lant Board contends that if a member ceases to be an actual as distinguished from a constructive resident of a school district he forfeits his membership. Many men live in cities except during summer. They are residents of the cities, vote and pay taxes in them, and when they return after the summmer, do not always return to 'the same house. If any such goes to the mountains or to the seashore for a month or for the whole summer, would he thereby, if a member of a Board of Education cease to be one? Would a man, who because of business or illness temporarily leaves his district forfeit his office? Such men are actually residing wherever they happen to be, but 'they are still con- structive residents of some districts in this State. We cannot agree with the Appellant Board. Though enough has been written on citizenship, residence and domicile to fill a library, we think it is generally accepted that where a statute requires a candidate for public office be a resident of the district or locality to be represented, the word "residence" is deemed to be identical and synonymous with "domicile." (People vs. Piatt, so Hun, 454. Affirmed 117 N. Y., 159). In that case it was vigorously contended that the expression "residence" in a statute prescribing a qualification of residence for office meant actual physical presence. Very many authorities were cited and examined and the Court ruled that where residence is used in such a statute, it must be taken to be the equiva- lent of domicile. It was pointed out that throughout the country it is established that the only place where a citizen can vote is at his domicile and the Court said : — "It would be absurd to say that more permanence was required in the voter than in the local officer voted for. If, by statute, one must be a resident of a town in order to vote, and by statute, also one must be a resident of the town to hold office therein, then if residence in the voter's case means domicile, so it means, also in the case of the officers. The two subjects are cognate, and the word 'residence' is used with like meaning in respect to each." For fourteen years prior to March, 1912, Mr. O'Brien was domiciled in and an actual resident of West New York. It was there that he voted and exercised his political rights. That domicile is presumed to continue until a change is shown, and the burden of proofis on him who alleges the change. That burden, the Board of Education of the Town of West New York in our opinion has not sustained. Indeed, we do not understand its counsel to even claim that Mr. O'Brien has changed his domicile to Newburgh. A change of domicile is dependent on two things — fact and intent. We cannot find as a fact that on March 30, 1912, Mr. O'Brien's residence was at the home of his wife's mother in Newburgh rather than at the home of his own mother in West New York. Neither can we find that on March 30th, he had formed any intention of abandoning West New York. He testified subsequently to that date in the proceedings before the Commissioner, that when he is able to support his wife and child he intends to take them back to West New York. The record is not such that we can disbelieve him. We find that on March 30, 1912, Mr. O'Brien was a resident of the school district of West New York within the meaning of the statute, and that the SCHOOL LAW DECISIONS. 271 resolution of the Board of Education of that town adopted on that day where- in his office as a member was declared vacant was without foundation. Aside from the foregoing, it is not clear that the Board of Education of the Town of West New York, could oust Mr. O'Brien from membership with- out giving notice, and affording him an opportunity to be heard, or that it had any authority whatever to determine that he abandoned his office, except for a failure to attend three consecutive regular meetings without good cause. The members of the Board in voting against him. we believe, acted as they thought proper, and as they thought for the best interests of the district. We cannot find, however, that their resolution has any sound foundation. The decision of the Commissioner is affirmed. December 9, 1912. VACANCY IN A BOARD OF EDUCATION ACTING UNDER ARTICLE VII. In the Matter ok the Appeal of J. C. Myers, in the ,'Case pF a Vacancy in the Board of Education of Ox- ford Township Warren County. [Decision of the Commissioner of Education.] It appears that in March, 19 12, a Mr. Frome was elected a member of the Board of Education of Oxford Township, but that he has not qualified and has declined to do so. and that at a meeting of said Board of Education on May 6th the Board elected a Mr. Axman to fill the vacancy. It is contended that this appointment is illegal and that the vacancy should have been filled by an appointment by the County Superintendent of Schools. The County Superintendent is only authorized to fill a vacancy in the Board of Education in case there is a failure to elect a member. Vacancies in a Board of Educa- tion arising from other causes than failure to elect are to be filled by the Board. There was no failure to elect in this case but simply a failure on the part of the person elected to qualify. Under these conditions the action of the Board in appointing a person to fill the vacancy was legal. July 24, 191 2. [Decision of the State Board of Education.] In March last an annual school meeting was held in Oxford Township at which Mr. James Frome was elected a member of the Board of Education for a term of three years from the 1st day of April, 1912. The Board organized on the 1 st of April, but Mr. Frome did not attend. He declined to qualify and to serve as a member of the Board. On the 6th of May, the Board appointed Mr. Axman in his place. Contesting such appointment, Mr. J. C. Myers, one of the members, appealed to the Commissioner of Education on the ground that under the circumstances the power to appoint a member was conferred by statute upon the County Superintendent, and not upon the local board. From the decision of the Commissioner overruling his contention, he appealed to this Board. Mr. Myers, the Oxford Board and the Commissioner assumed that a vacancy existed in the Board because of the refusal of Mr. Frome to qualify and to serve. 272 SCHOOL LAW DECISIONS. Section 95 of the School Law provides that Township Boards shall have power "I. To appoint a person to fill a vacancy in the Board of Education, ex- cept a vacancy caused by a failure to elect, but the person so appointed shall serve only until the next election for members of the Board of Education." Subd. 4 of Section 30 provides tha't a County Superintendent shall have power to appoint members of the Board of Education for any school district under his supervision which shall fail to elect members at the regular time, and that such appointees shall serve only until 'the next election in the district for members of the Board of Education. Mr. Myers urges that as Mr. Frome could not serve as a member of the Oxford Board until he qualified, his election was not complete until he had so done. He, therefore, argues that the result was the same as if no election had been held. What was the legal situation when, after Mr. Frome was duly elected, he refused to qualify and to serve? In 15 CYC, 392, it is said: "It is a doctrine of the common law that every citizen in peace, as well as in war, owes his services 'to the State when they are required, and persons are liable to indictment if they refuse to take the oath and qualify themselves as public officers after having been regularly elected or duly appointed. * * * Mandamus will lie to compel one who has been duly elected to a municipal office to accept and serve in the same." In State vs. Ferguson, 31 N. J. L., 107, mandamus proceedings were instituted against William Ferguson, Jr., one of the Overseers of the Highways of the Township of Upper Alloway Creek in the County of Salem to compel him to put in good order for public use and travel, a certain part of a road. In the course of the opinion of the Supreme Court, the Chief Justice con- sidered at some length the right of a party elected to refuse to qualify and the right after qualification to resign at pleasure. He wrote : "First, as to the officer's power to resign. It was insisted on the part of the defendant that an overseer of the highways has the right, in law, to resign at will, and that the mere notification of the fact that he resigns discharges him from office. "If he possess this power to resign at pleasure, it would seem to follow, as an inevitable consequence, that he cannot be compelled to accept the office. But the books seem to furnish no warrant for his doctrine. "To refuse an office in a public corporation connected with local jurisdiction, was a common law offence and punishable by indictment. * * * So uniform- ly is this doctrine maintained by an extensive series of decisions that we find it stated as the unquestionable law by all the text writers. * * * I think it undeniable, therefore, that upon general principles of law as contained in judicial decisions of the highest authority, the refusal of an office of the class to which the one under consideration belongs, was an offence punishable by proceeding in behalf of the public. "Regarding then this doctrine of the law as established, it seems to be an unavoidable sequence that the party elected, and who is thus compelled by force of the sanctions of the criminal law to accept the office, cannot after- wards resign it ex mero motu. If this recusancy to accept can be punished, SCHOOL LAW DECISIONS. 273 it cannot be that he can accept and immediately afterwards at his pleasure, lay down the office. The law is far too practical to admit of such a frustration of one of its regulations, designed for the protection of the public interest." From such authorities, it is clear that the taking of the oath of office is no part of the election. Unless the school meeting at which Mr. Frome was elected was not conducted in accordance with law, or unless he could point to some statute or judicial authority which would relieve him from 'the necessity of accepting the office, it seems as though the Oxford Township school dis- trict had the right, if it so desired, to compel him to accept. There was, therefore, no such failure to elect as would justify an appointment by the County Superintendent. The record submitted to us is very meagre, but as far as we understand the facts, no attempt was made to force Mr. Frome to qualify as a member of the Board of Education, and the district acquiesced in his refusal to do so. We infer that it was assumed that Mr. Frome's refusal to qualify was substantially the same as if the resignation of a member who had qualified was accepted and a vacancy thereby created. In as much as the vacancy was not caused by a failure to elect, the Board of Education had authority to appoint some one to serve until the next election. The decision of the Commissioner is affirmed. August, 19 1 2. CONTROVERSY ARISING UNDER THE SCHOOL LAW. SECTION jto. In the Matter of the Common Council of South Amboy, vs. The Board of Education and Board op Estimate of South Amboy. [Decision of the Commissioner of Education.] It appears that the Board of Education requested the Board of School Estimate to make an appropriation for the purpose of repairing two school buildings in South Amboy and that the Board of School Estimate determined the amount for the repair of said buildings and certified the same to thje Common Council. It further appears that the Common Council has not 'taken any action for raising the amount certified to it by the Board of School Esti- mate. No claim is made that any of 'the proceedings take,n by the Board of Education or by the Board of School Estimate were irregular, the sole cause of complaint being that the repair and enlargement of these school building* is unwise, and that in lieu thereof a -new building should be erected. This is not a controversy or dispute arising under the school law within the meaning of Section 10 of the general school law and the appeal is, there- fore, dismissed. July 2, 1912. 274 SCHOOL LAW DECISIONS. APPOINTMENT OF MEMBERS OF A BOARD OF EDUCATION. P. L. 1912, CHAPTER 370. James F. Bourne, Appellant, vs. The Board of Education of the City of Atlantic City, Respondent. John J. Crandall, for the Appellant. James H. Hayes, Jr., for the Respondent. [Decision of the Commissioner of Education.] The Petitioner claims membership in the Board of Education of Atlantic City by virtue of appointment by the former mayor of said city and the Respon- dent denying the legality of the appointment of the Petitioner, has refused to recognize him as such member. On July ifrth, at ten o'clock in the forenoon, the then mayor appointed the Petitioner a member of the Board of Education, and at twelve o'clock noon, on the same day, the five persons elected as Commissioners of said city organized, pursuant to the provisions of an act entitled "An act relating to, regulating and providing for the government of cities, towns, boroughs and other municipalities within this State." (Chapter 221, P. L. 191 1.) At a meeting of the Board of Education held on the 24th of July, a resolution was adopted declining to recognize as legal the appointment of the Petitioner. The Respondent in its answer claims that the former city govern- ment ceased to exist at 12.01 A. M. on July ifrth, and, that the former mayor had no power to make appointments thereafter. It also claims that if the- mayor was in office at ten o'clock in the forenoon of July 16th, he s'till was without power to appoint a person to membership in the Board of Education, for the reason that the act under which such appointment was made would not become effective in Atlantic City until January next, and that no vacancy existed in said board. The Respondent denies that the Commissioner of Education has jurisdiction in the matter of a dispute as to the legality of an appointment of a member for a Board of Education. There are in this case, three questions: 1. Has 'the Commissioner of Education jurisdiction? 2. Was there a vacancy in the Board of Education ? 3. If a vacancy did exist had the former mayor power to appoint a per- son to fill such vacancy ? 1. Section ten 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" (Special Session, 1903) gives to the Com- missioner of Education power to decide "all controversies and disputes that shall arise under the school laws.'* Members of boards of education are ap- pointed by virtue of said act or the supplements thereto, and a dispute as to the legality of such an appointment is a "dispute arising under the school SCHOOL LAW DECISIONS. 275 law," and the Commissioner of Education has jurisdiction. The Supreme Court has so held in the cases of Buren vs. Albertson, 25 Vr., 72, and DuFour vs. State Superintendent, 43 Vr., 371. 2. If a vacancy existed in the Board of Education of Atlantic City on July 16th last, it was by virtue of the provisions of Chapter 370, P. L. 1912. Prior to the passage of said act the appointment of members of the Board of Education in said city was made in accordance with the provisions of sec- tion 40 of the act of 1903 above referred to. Said section provided that until the provisions of either section 38 or 39 of said act had been adopted as pre- scribed in section 40, the members of the board of education should be "se- lected, elected, or appointed at the same time and in the same manner and serve for "the same terms as members of such board have been heretofore selected, elected or appointed." As Atlantic City had not adopted either sec- tion 38 or 39 the selection of members of the Board of Education continued to be made in •ihe same manner as said members had been selected prior to 1903, viz.: By appointment by the Common Council. The act under which the members were appointed provided that the Board of Education should be com- posed of seven members. Chapter 370, above referred to, provides that in a city having a population of forty-five thousand or upwards the boards of education shall consist of nine members appointed by the mayor, and that appointments shall be made "be- tween the second and fifteenth days of January in each year, and terms of office shall begin on the first day of February thereafter. . . .that every member of a board of education in a school district affected by this supple- ment shall continue to serve during his term of office and thereafter until the first day of February then next ensuing . . . that first appointments 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 or to nine members, according to the population of the school district as above provided." The act further provides that "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 there- after, appoint a person to fill such vacancy for the unexpired term." This act was approved April 2, 1912, and went into effect immediately. This supplement also repealed sections 38, 39 and 40 of the Act of 1903, and the only method of appointing members of a board of education and of filling vacancies is that provided in said supplement. The Respondent contends that the act will not go into effect in Atlantic City until January 2nd, 1913. To adopt this interpretation would nullify the provision that the act should go into effect immediately and would make it impossible for the mayor: to fill vacancies caused by death, removal from the city or otherwise, and might leave a board of education without a quorum and, therefore, unable to transact its business. I cannot believe that the Legis- lature intended that such a condition should be possible. I am of the opinion that the act went into effect in Atlantic City upon the date of its approval by the Governor, and that the number of members constituting said board was immediately increased from seven to nine, and that the mayor had the power tc fill such vacancies. The Respondent also contends that the mayor had no power to fill the vacancies because the secretary of the Board of Education had not notified him that vacancies existed. It is true that the act makes it the duty of the secretary to notify the mayor as soon as a vacancy is cre- ated. This provision is simply for the purpose of calling the attention of 276 SCHOOL LAW DECISIONS. the mayor to the vacancy in order that it may promptly be filled, but the failure of the secretary to perform his duty cannot deprive the mayor of his right to fill a vacancy. 3. Section two of Chapter 221, P. L. 191 1, reads as follows: "2. The term of office of such Commissioners first elected under the provisions of this act shall commence on the first Tuesday following such elec- tion, and the 'term of office of all succeeding Commissioners shall commence on the third Tuesday of May next ensuing after their election, at twelve o'clock, noon, and, upon the organizing of the Commissioners in any such city elected under this act, the City Council or other governing body or bodies theretofore acting as governing body or bodies in such city, and having any other function, shall be ipso facto abolished, and the terms of office of all councilmen or aldermen, and all other officers, whether elective or appointive, shall immediately cease and determine." The Respondent contends that the provision in the section above quoted that the Commissioners shall organize at noon does not appiy to the first organization, and "that the term of office of the Commissioners elected in At- lantic City on July nth, 1912, began at 12:01 o'clock A. M. on July 16th. 19 12, and, therefore, that the former mayor had no power to fill a vacancy in thte Board of Education at 10 o'clock A. M., on said July 16th. The section above quo'ted provides "upon the organizing of the Commis- sioners . . . that the terms of office of all councilmen or aldermen, and all other officers, whether elective or appointive, shall immediately cease and determine." It is conceded that the Commissioners in Atlantic City did not organize until 12 o'clock noon on July 16th, 1912, therefore, the term of office of the mayor did not expire until that hour. Being in possession of the office ait 10 o'clock A. M., on that date, the mayor had the power to fill a vacancy in the Board of Education. The Petitioner contends that the members of the Board of Education of Atlantic City upon qualifying as provided in sections 41 and 42 of the School Law. August 20, 1912. [Decision of the State Board of Education.] Mr. Murray further reported as follows in the ma'tter of the Appeal of James Bourne vs. Board of Education of Atlantic City. "The Committee has reviewed this case and recommends that the decision of the Commissioner of Education be affirmed." On motion, duly seconded, it was unanimously carried 'that this recom- mendation be adopted. January 4, 1913- SCHOOL LAW DECISIONS. 277 APPOINTMENT OF MEMBERS OF A BOARD OF EDUCATION. P. L. 1912, CHAPTER 370. In the Matter of the Application of Wilson Taylor to Review Certain Proceedings of the Mayor of the City of Hoboken, and of Certain Persons Assuming to Act as Mem- bers of the Board of Education of the City of Hoboken. Merritt Lane, for the Appellant. John J. Fallon, for the Respondent. [Decision of the Commissioner of Education.) The points to be decided in this ma'tter are : First — The legality of the appointment by the Mayor of the City of Ho- boken on June 14th, 1912, of certain persons as members of the Board of Education of said city, and Second — The legality of the election of the President of said Board at a meeting held June 17th, 1912. 1. Prior to January, 191 1, the Board of Education of the City of Hobo- ken consisted of eight members appointed by the mayor, four members being appointed each year for a term of two years. In January, 191 1, the mayor failed to appoint four members of said board in place of those whose terms had expired, but, claiming that Chapter 233, P. L. 191 1, applied to the City of Hoboken, appointed, in accordance with the provisions of said act, nine persons as members of the Board of Education. The members so appointed organized and acted as the Board of Education until said act had been declared by the Supreme Court to be unconstitutional. On June 14th, 1912, the Mayor appointed four persons to fill the vacancies in the Board of Education. Section 40 of the revised School Law, passed in 1903, provided 'that, until the provisions of either section 38 or 39 of said act had been adopted as pre- scribed in section 40, the members of the Board of Education should be "selected, elected or appointed at the same time and in 'the same manner, and serve for the same terms as members of such board have been hereto- fore selected, elected or appointed." Prior to 1903 the members of the Board of Education had been appointed under the provisions of Chapter 49, P. L. 1892. In making the appointments on June 14th, the Mayor claimed to be acting under the provisions of the act of 1892 as authorized by section 40 of the School Law. Chapter 370, P. L. 1912, approved April 2nd, provides that in a city hav- ing a population of forty-five thousand or upwards the Board of Education shall consist of nine members appointed by the Mayor, and that appointments shall be made "between the second and fifteenth days of January in each year, and terms of office shall begin on the first day of February thereafter." The act further provides that "every member of a Board of Education in a school district affected by this supplement shall continue to serve duiing his term 27S SCHOOL LAW DECISIONS. of office and thereafter until the first day of February then next ensuing . . . first appointments under this employment 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 or nine members according to the population of the school district as above provided. . . . Any vacancy in such Board of Education shall be forthwith reported to the Mayor or other chief execu- tive officer who shall, within thirty days thereafter, appoint a person to fill such vacancy for the unexpired term." The act repealed sections 38, 39, 40, 46 and 241 of the School Law of 1903, and went into effect immediately. Section 246 of the School Law provides that "all school districts shall hereafter be governed solely by the provisions of this act." The repeal of sections 38, 39 and 40 left Chapter 370 of the Laws of 1912, as the sole method of selecting members of a Board of Education in a city school district. The date on which Chapter 370, above referred to, becomes effective in a city came before me recently in the case of Bourne vs. The Board of Edu- cation of Atlantic City. I decided in that case that the act went into effect immediately upon its approval by the Governor. To adopt any other inter- pretation would nullify the provision that 'the act should take effect immedi- ately and would make it impossible for the Mayor to fill vacancies caused by death, removal from the city, or otherwise, for, as before stated, it is the only law in force relating to the appointment of members of a Board of Education. This interpretation is further strengthened by the fact that, as will hereafter appear, the Board of Education of Hoboken would be without a quorum and unable to transact any business if the Mayor can not fill vacan- cies in the board until January next. As said act went into effect April 2nd, 1912, the Mayor of the City of Hoboken was without power to fill vacancies under authority of Chapter 49 of the Laws of 1892. There is nothing in the School Law nor in Chapter 49 of the Laws of 1892 which extends, until his successsor has been appointed, the term of office of a member of a board of education whose term has expired. The Petitioner contends that the members of the Board of Education of Hoboken whose terms expired January 1st, 191 2, were extended by the pro- visions of "An act relating to officers in cities who now hold or hereafter shall hold their offices for a fixed period." Chapter 43, P. L. 1881. The Constitution provides that "every law shall embrace but one subject, and that shall be expressed in the title." There is nothing in the title of the act of 188 1 to show that it relates to public schools. The Constitution has also made the public school system a special sub- ject for legislation. The boundaries of a school district are co-extensive with those of the municipality in which it is situate, but the school district is a separate and distinct municipal corporation and the members of the Board of Education are not city officers. Chapter 43 of the Laws of 1881 is not, therefore, applicable to members of a Board of Education. Until the vacan- cies are filled in the manner provided by law the Board of Education has but four members and is without a quorum. 2. At a meeting held June 17th, 19 12 , there were present eight persons acting as members of the Board of Education of the City of Hoboken. At that meeting an attempt was made to elect a president. George W. Lanker- ing received four votes, Wilson Taylor received three votes, and John H. SCHOOL LAW DECISIONS. 279 Sheridan received one vote. Mr. Lankering was declared elected. A majority vote is necessary to elect an officer of a board. A plurality vote is not suf- ficient. The Respondents have attempted to raise the question as to the status of the Petitioner in the Board of Education. The right of a person to an office cannot be raised collaterally, and this question is not, therefore, properly before me. August 22, 1912. POWERS OF A COMMITTEE OF A BOARD OF EDUCATION. In the Matter of the Application of Wilson Taylor, a Citizen and Tax- payer of the City of Hoboken, to Set Aside Certain Resolutions Passed by a Body Assuming to Act as a Board of Education of the City of Hoboken, Hudson County, New Jer- sey. Merritt Lane, for the Appellant. John J. Fallon, for the Respondent. [Decision of the Commissioner of Education.] At a meeting of the Board of Education held June 17th, 1912, the fol- lowing resolution was adopted: "RESOLVED, That the President appoint a committee of three to whom shall be referred the bids which may be submitted at this meeting ; said com- mittee to report thereon at next regular meeting, and said committee, until otherwise ordered, shall transact all other business in the supervision of school affairs." The Petitioner asks that his resolution be set aside. The resolution is clearly illegal. It attempts to confer upon a committee power to transact all the business of the board. Such power can not be dele- gated to a committee. The Petitioner also asks that the election of George W. Lankering as presi- dent of the board be set aside. This question has been decided in the "Matter of the application of Wil- son Taylor to review certain proceedings of the Mayor of the City of Ho- boken, and of persons assuming to act as members of the Board of Education of the City of Hoboken," decided this day. August 22, 1912. 280 SCHOOL LAW DECISIONS. POWERS OF A COMMITTEE OF A BOARD OF EDUCATION. In the Matter of the Application of Wilson Taylor, a Citizen and Tax- payer of the City of Hoboken, and a Member of the Board of Education of the City of Hoboken, to Set Aside Certain Resolutions Passed by a Body Assuming to Act as a Board of Education of the City of Ho- boken. Merritt Lane, for the Appellant. John J. Fallon, for the Respondent. [Decision of the Commissioner of Education.) At a meeting of the Board of Education of the City of Hoboken, held June 24th, 1012, the following resolution was adopted: "RESOLVED, That the president appoint a committee of three, to be known as the Committee on Schools, to which committee the president of the Board of Education, until otherwise directed, may refer for examination and consideration matters concerning schools and school affairs ; and, in con- junction with the president, shall have the power to act summarily in the interest of the public schools in cases of emergency. Said committee to report to the Board at its regular meetings." This resolution gives to a committee the power to act summarily in case of emergency, and leaves to the committee, or the president, the right to decide as to the emergency. It is true that the resolution directs the committee to report to the board, but there is nothing to show that the action of the com- mittee is not final, or that the report to the board is for any purpose except as a matter of information. In certain matters a vote of a majority of all the members of a Board of Education is required, and in all other matters, the vote of a majority of a quorum is necessary. All business must be trans- acted in open meetings of the Board, regularly called. A committee can only consider matters referred to it and report its conclusions thereon to the board. The resolution under consideration attempts to give to a committee full power to act in certain cases aud is. therefore, illegal. August 22, 1 9 12. SCHOOL LAW DECISIONS. 281 THE CALLING OF A MEETING OF THE LEGAL VOTERS OF A SCHOOL DISTRICT UPON PETITION, CHAPTER i, SPECIAL SESSION 1903, SECTION 86. PARAGRAPH X. Mark Stoltz vs. Appellant, Board of Education of Warren Town- ship, Respondent. Alvah A. Clark, for the Appellant. Hon. S. S. Swackhamer, for the Respondent. [Decision of the Commissioner of Education.] On April 22nd, 19 12, the legal voters of the School District of Warren Township, Somerset County, authorized the Board of Education of said dis- trict to purchase or take and condemn, for school purposes a certain plot of land, being a portion of the property of the Petitioner. The Petitioner refused to sell said plot, and on or about June 14th, 191 2, before said plot had been condemned, a petition, signed by at least fifty of the legal voters of the dis- trict, was presented to the Board of Education requesting it to call a meeting of the legal voters, and to submit at said meeting the question or rescinding the resolution adopted April 22nd, authorizing the Board of Education to purchase or take and condemn the plot selected at said meeting. The Board of Education has refused to call the meeting as requested by said petition. Paragraph X of Section 86 of the School Law, provides that the Board of Education shall have power "to call a special meeting of the legal voters of the district at any time when in its judgment the interests of the school require it, or whenever fifty of such legal voters shall request it by petition so to do. In the notices of any special meeting called upon petition as afore- said, shall be inserted the purposes named in said petition so far as the same are not in conflict with the provisions of this act." If the purpose named in the petition is not in conflict with any provision of the School Law the Board of Education must call a meeting of the legal voters. To hold that it rested in the discretion of the board whether or not the meeting should be called would defeat the purpose of this provision of the act. It remains, therefore, to be considered whether the purpose named in the petition was in conflict with the School Law. There is nothing in the law which authorizes or prohibits calling a meet- ing for the purpose of rescinding action previously taken. The right exists, therefore, under the general power to call a meeting when the interests of the schools require it. The Respondent contends that " the will of the ma- jority expressed in an election, if legally expressed, is supreme, absolute and final, when the object sought is secured by the vote." It is admitted, of course, that a meeting may be called to vote on a proposition which had been de- feated at a previous meeting for the courts have so held in numerous cases, but it is denied that the people have the right to reconsider their action if the vote was in the affirmative. 282 SCHOOL LAW DECISIONS. I am unable to perceive that the will of the majority is any less "supreme, absolute and final" when it has secured the defeat of a proposition to pur- chase a certain plot of land, than when the vote has been in favor of the proposi- tion. The method of recording the will of the people in either case is exactly the same. The Respondent erred in refusing to call the meeting as requested by the petition. The Respondent denies the jurisdiction of the Commissioner of Educa- tion in a dispute arising over an election held under the School Law. Section 10 of the School Law, (Special Session 1903) provides that the "Commissioner of Education shall decide, subject to appeal to the State Board of Education, and without cost to the parties, all controversies and disputes that shall arise under the school laws," and Section 5, Paragraph VI of Chap- ter 231, P. L. 191 1, directs that the commissioner shall designate one of his assistants to hear such controversies and disputes. The language of Section io, above quoted, is very explicit, and all disputes under the School Law are with- in the jurisdiction of the Commissioner of Education. The right of a Board of Education to refuse to call a meeting of the legal voters when petitioned so to do is certainly "a controversy or dispute'* arising under the school laws. The Supreme Court has held in the cases of Buren vs. Albertson, 25 Vr., 72, and DuFour vs. State Superintendent, 43 Vr., 371, that the State Superin- tendent was authorized by law to decide disputes and controversies as to the election of members of Boards of Education. The method of conducting an election for members of a Board of Education is the same as that used at a meet- ing to vote moneys for school purposes. It can not be successfully contended that the Commissioner of Education has power in one case and not in the other. The Respondent must act on the petition presented to it and call a meet- ing of the legal voters and insert in the notices calling such meeting the proposi- tions stated in the petition. August 23, 1912. TENURE OF SERVICE OF TEACHERS Mary K. Blackus Appellant, vs. The Board ok Education of Delaware Township, Respondent. William W. Still, for the Appellant. William Early, for the Respondent. [Decision of the Commissioner of Education.] The Appellant has been a teacher in a school under the control of the Respondent for over three years, and is, therefore, protected by Chapter 243, P. L. 1909. Charges of incompetency, inefficiency and insubordination were brought against her as provided in said act. SCHOOL LAW DECISIONS. 283 After a hearing by the Board of Education she was found guilty of insub- ordination in that she failed to open her school at the proper time, being late many mornings. The evidence shows that Mrs. Blackus has repeatedly been late in opening school during the past two years, that she was warned several times by members of the Board of Education, and that notwithstanding such warnings she was late several times during the last two or three months the school was in session. A teacher should, by example as well as precept, impress upon the pupils the necessity of being punctual. In nearly all schools it is the practice to dis- cipline pupils who are habitually tardy, and a Board of Education is well within its rights when it refuses to retain in its employ a teacher who is guilty of the same offence. The appeal is dismissed. September 9, 191 2. CONTRACTS— CHAPTER 1, SPECIAL SESSION 1903. SECTION S3- Wallace D. Patterson, Appellant, vs. Board of Education of the City of Hoboken, Respondent. James A. Gordon, for the Appellant. John J. Fallon, for the Respondent. [Decision of the Commissioner of Education.) The Board of Education of the City of Hoboken received and opened bids for coal and wood on July 17th, 191 1. The Appellant was the lowest bidder, but the Board rejected all the bids, and, later, re-advertised for bids, and on November 20th, 191 1, awarded the contract for coal and wood to W. L. Kamena. The Petitioner appeals from the action of the Respondent in rejecting his bid. It is contended on behalf of the Respondent that the bid of the Appellant was irregular. First. Because he did not submit a sample of the coal to be furnished. Second. Because he did not agree to bear the cost of weighing the coal. Third. Because he did not submit a bid for furnishing wood. The Appellant and Respondent do not agree in the identification of the specifications on which the bids submitted July 17th, were based. Mr. Clayton and Mr. Sheridan testified that the specifications marked "R 1" were the specifications on which the bids of July 17th were based and that the specifications marked "A 28" were the specifications on which the bids of November 20th were based. The testimony of Mr. Patterson, Miss Beav- ers and Mr. Decker is that the specifications marked "G. W. B. 2," which are identical with "A 28" were those prepared for July 17th, and those marked "G. W. B. 1," which are identical with "R 1" were those prepared for No- vember 20th. 284 SCHOOL LAW DECISIONS. The testimony of Mr. Patterson is supported by the fact that the copy of the specifications attached to the answer of the Respondent is the same as the copy marked "A 28;" also by the fact that the bids of Patterson and Kamena both comply with the requirements of the specifications marked "A 28." These specifications provide that the bidder "shall specify the percent- age of moisture and ash contained in the coal upon which the bid is based." The bid of Mr. Kamena states that the egg coal he proposed to furnish "would run in ash from eight to twelve per cent., stove from ten to fourteen per cent., and chestnut from twelve to sixteen per cent." Also that "the mois- ture will not exceed four per cent." The bid of Mr. Patterson also gives the per cent, of moisture and ash in each size of coal. The specifications marked "R 1" provide for testing sample of coal taken from each delivery, and the method of making the test The bid of Mr. Kamena of November 20th contains no reference whatever to the percentage of moisture and ash. I am of the opinion that Mr. Patterson was correct in his identification of the specifications on which he based his bid of July 17th. The specifications for the bids of July 17th do not require that a sample of the coal proposed to be furnished shall be submitted with the bid. This dis- poses of the first objection made to the bid of Mr. Patterson. Second. The advertisements for proposals for coal in 1909 provide that "a weighmaster's certificate must accompany each load to be furnished by the contractor at his expense." The advertisement in 1910 contains the same provi- sion in slightly different language. The specifications for July 17th, 191 1, provide that "Portable scales shall be furnished by the Board of Education. The contractor shall convey said scales to and from the points directed, and shall maintain them in perfect con- dition while they are in his custody. Coal shall be weighed at the point of delivery ; the weight in each instance shall be taken by the authorized representa- tive of the Board of Education." The intent of this provision in the specifications of 191 1 is not entirely clear, but the omission of the direct provision contained in the advertisements of 1909 and 1910, I think, justified Mr. Patterson in assuming that the con- tractor would not be required to pay to the representative of the Board of Education the cost of weighing the coal. Third. The advertisements for bids for furnishing wood were identical in 1909, 1910, and 1911. The bid submitted by Mr. Patterson in 1909 was for coal, and made no mention of wood. The contract for coal alone was awarded to him in 1909. There is nothing in the advertisement of 191 1 which would lead him to believe that the conditions had been changed, and that the bidder must bid on both coal and wood. Section 53 of Chapter 1 P. L. 1903 (Special Session) reads as follows: "53- No bid for building or repairing school houses or for supplies shall be accepted which does not conform to the specifications furnished therefor, and all contracts shall be awarded to the lowest responsible bidder." No question has been raised as to the responsibility of Mr. Patterson, and 1 am of the opinion that his bid did conform to the specifications. The Re- spondent erred in rejecting his bid. The contract should have been awarded to him. September 12, 1912. SCHOOL LAW DECISIONS. 285 TENURE OF SERVICE OF TEACHERS. Parthenia Johnson, Appellant, vs. Board of Education of Stafford Town- Ship, Respondent. William I. Garrison, for the Appellant. The Respondent, pro se. [Decision of the Commissioner of Education.] The Appellant was a teacher in Stafford Township, and was subject to the provisions of Chapter 243, P. L. 1909, commonly known as the "Teachers' Tenure of Service Act." Charges were preferred against her of conduct unbecoming a teacher in that she, "previous and during the sixth and seventh grade examinations drilled her pupils in that examination, giving them the questions in that examination, and giving them the answers to those questions." After a hearing the Board of Education found the Appellant guilty and discharged her from its employ. There is no evidence to show that Mrs. Johnson had previous to the examina- tion, had possession of a copy of any of the questions to be used at said examination, or that she had ever seen them. Mrs. Johnson testified that she had never seen the questions prior to the examination. Twice during the hear- ing before the Board of Education, when an attempt was made to ascretain if she had had copies of the questions, members of the Board objected on the ground that the charges did not contain any allegations that she had had the questions. Mr. Steelman, who had charge of examinations stated that he received the questions from the County Superintendent in a sealed envelope, and that the seal was not broken until the examination began. The whole case rests on the fact that in reviewing the pupils in the sixth and seventh grades Mrs. Johnson used questions, in some cases, identical with, and in others, similar to those used at the County Examination. In the absence of any proof that Mrs. Johnson had had access to the ques- tions prior to their being used at the examination the Board erred in finding Mrs. Johnson guilty as charged. The appeal is sustained and it is hereby ordered that the Board of Education of Stafford Township reinstate Mrs. Johnson. September 17, 1912. 286 SCHOOL LAW DECISIONS. MEETINGS OF THE LEGAL VOTERS OF A SCHOOL DISTRICT. Richard S. Hartpence Appellant, vs. Board of Education of Kingwood Town- ship, Respondent. Richard S. Hartpence, pro se. Harry J. Abel, for the Respondent. [Decision of the Commissioner of Education.] A meeting of the legal voters of the school district of the Township of Kingwood was held April 18, 191 1, and at said meeting the Board of Education was authorized to purchase a certain plot of ground at a cost not to exceed the sum of $150, and to erect thereon a school house at a cost not to exceed the sum of $1,350. It was also ordered at said meeting that the money neces- sary to purchase said land and to erect said school house be "raised by Town- ship Tax." In accordance with the action of the legal voters the $1,500 ordered to be raised was assessed and collected and paid to the custodian of the school moneys of the district. The Board of Education finding it impossible to purchase the plot selected at the district meeting of April 18th, called another district meeting which was held on June 30th, 191 1. At the meeting of April 18th, three plots had been submitted to the vote of the people, and at the meeting held June 30th two plots were submitted, one of said plots being one of those rejected at the meeting of April 18th, and the other an entirely new plot, and the Board of Education was authorized to purchase one of said plots at a cost not to exceed the sum of $140, and to erect thereon a school house at a cost not to exceed the sum of $1,350. The District Clerk did not notify the Assessor and Collector of the action taken at the meeting of June 30th, and the only tax assessed and collected for the purchase of land and the erection of a school house was the tax ordered at the meeting of April 18th. Subsequently the Board of Education purchased the plot selected at the meeting of June 30th, and paid for the same from the proceeds of the tax ordered at the meeting of April 18th. The Appellant claims : 1 st. That the meeting of June 30th was not legally called for the reason that the notices calling said meeting were prepared by a committee and not by the board in regular session ; that the District Clerk did not personally post all the notices, and that there is no proof that the notices were posted the time required by law. 2nd. The Appellant also claims that the ballots used were illegal, because they do not conform to the statute. SCHOOL LAW DECISIONS. 287 (b) Because they state the money is to be raised by "township tax," in- stead of by "district tax." (c) Because they do not state the purpose for which the money was to be raised. 3. Also thit the Board of Education could not legally use the money ap- propriated at the meeting of April 18th for the purchase of a certain plot for the purchase of another plot selected at the meeting of June 30th. The District Clerk testified that "he prepared the notices for the meeting of June 30th after the adjournment of the meeting of the board on June 16th, and in accordance with the direction of the board. The evidence also shows that a no'tice was posted on each of the eight school houses in the district, and that they were posted on the 19th and 20th of June. The District Clerk did not personally post all the notices, but he testified that they were posted by the other members of the board at his request, and the other members of the board testified that they posted the notices on the school houses near their homes. The law requires that the District Clerk shall post a notice on each school house in the district, and at such other places as the Board of Education shall direct, and that at least seven notices shall be posted not less than ten days prior to the meeting. The meeting of June 30th was called for one P. M. The Appellant claims that because some of the notices were not posted until after one o'clock on June 20th the notices were not posted the ten days required by the statute. The law does not recognize parts of days, and, a notice posted at any time on June 20th was a legal notice. I am of the opinion that the notices were posted in substantial compli- ance with law, and 'that the failure of the District Clerk personally to post them did not make the meeting of June 30th illegal. The law does not specify the kind of ballot which shall be used at a school meeting. Any ballot, therefore, which expresses the intent of the voter is a legal ballot. I am of the opinion that the ballots used at the district meetings of April 18th and June 30th clearly express the intent of the voters - to purchase a lot, erect a school house thereon, fix the amount of the appropriation for each pur- pose, and determine the method by which the money shall be raised. It is true that the ballots read, "Resolved, That money be raised by Township Tax to pay expense of the same" ; using the term "Township Tax" instead of "Dis- trict Tax." As •the school district comprised but one township, and as the amount to be raised was to be assessed on all the taxable property in the township, I am of the opinion that the use of the term "Township Tax" did not render "the tax illegal. The fact that one of the plots submitted at the meeting of June 30th was the same as one submitted at the meeting of April iSth, also that but one school building is needed in the part of the township in which the plots se- lected are situate, shows that all that the voters intended to do, by their action at the meeting of June 30th was to substitute a plot on which to erect a school house for the plot selected at the meeting of April 18th. Thsre is, however, no resolution on the ballots used on June 30th, direct- ing that the money appropriated for the purchase of land at the meeting of April 1 8th should be used for the purchase of the plot selected at the meeting of June 30th. 288 SCHOOL LAW DECISIONS. Moneys appropriated for a specific purpose cannot be used for any other purpose without the consent of the appropriating power. The action of the Board of Education, therefore, in using the money appropriated at the meeting of April 18th for the purchase of a plot of ground selected at said meeting to purchase the plot selected at the meeting of June 30th was illegal. The moneys appropriated at the meeting of April 18th for the purchase of land and the erection of a school house cannot legally be used for any other purpose until the legal voters at a regularly called district meeting have author- ized the transfer. November 1, 1912. [Decision of the State Board of Education.) This is an appeal from a decision of the Commissioner of Education in so far as it sustains the validity of a meeting of the voters of the School District of the Township of Kingwood held on the 30th day of June, 191 1. We have examined the record on appeal and the briefs submitted in behalf of the parties. We also notified the parties we would hear oral argu- ment. At the time and place specified in the notice, the Respondent appeared by counsel, but no one appeared for the Appellant. The only point seriously urged in behalf of the Appellant is that all seven notices of the meeting were not posted at least ten days prior to June 30th, the day specified. Some of the notices were posted on June 19th and others on June 20th. The meeting was called for 1.00 P. M. on June 30th and as several of the notices were not posted until after 1.00 P. M. on the 20th, the Appellant urges that legal notice of the meeting was not given. It is usual in the computation of the time of a notice either to include the first day and exclude the day on which the event is to take place, or to include the latter and exclude the former. Whichever rule is applied, it is evident that ten days' notice was given. The Appellant, however, insists that there must be full ten days' notice, and that it is not sufficient that the notice should have been nine days and a fraction. In the computation of time the law does not as a general rule recognize fractions of a day. It is true that the rule is a mere legal fiction and its operation is not allowed to work manifest wrong. We are not convinced, however, that its application in this case will work any injustice. On the contrary, to disregard the rule would thwart the will of the voters and cause them unnecessary annoy- ance, delay and expense. The decision of the Commissioner is affirmed. March 1, 1913. TENURE OF SERVICE OF TEACHERS. Walter G. Davis, Appellant, vs. Board of Education of the Township OF OvERPECK, Respondent. John Scott Davison, for the Appellant. William J. Morrison, for the Respondent. SCHOOL LAW DECISIONS. 289 [Decision of the Commissioner of Education.) From the "Agreed State of Facts" it appears that the Appellant was continuously in the employ of the Respondent from 1906 to the end of the school year in 1912; that from September, 1906, to June, 1909, he was a teacher in the High School, and from September, 1909, to June, 19 12, was principal of the High School, and that his salary for the school year of 191 1- 1912 was $1,200. It also appears that in August, 1912, the Respondent for- warded to the Appellant for his signature a contract for the school year of 1912-13, at a salary of $1,200. Said contract does not specify the position to which the Appellant had been assigned, and it appears that when he reported for duty on the opening of the schools in September, 1912, the per- son who had been appointed to succeed him as principal, assigned him to teach the eighth grade in School No. 1, which assignment the Appellant declined. Chapter 243, P. L. 1909, provides that "the service of all teachers, princi- pals, supervising principals of the public schools in any school district of this State shall be during good behavior and efficiency, after the expiration ot a period of employment of three consecutive years in the district . . . No principal or teacher shall be dismissed or subjected to a reduction of salary in said district except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause." It is claimed by the Appellant that the recommendation of the committee adopted by the Respondent at the meeting held May 17th, 1912, was a dismissal and, therefore, in violation of the Teachers' Tenure of Service Act, above quoted, no charges having been preferred against him as required by said act. This recommendation reads as follows : "The Committee on School Government recommends that Walter G. Davis be not re-employed as principal of and instructor in the High School of Overpeck Township for the coming year, it being our conviction that the best interests of the schools would be served by dispensing with his services." Taken alone, this action, in the absence of any charges or hearing, would undoubtedly be a violation of the Tenure of Service Act, but taken in connec- tion with the fact that the Respondent tendered him a contract for the ensuing year is evidence that all that was intended was to relieve him of his duties as principal of the high school, and that the "dispensing with his services" applied only to his position as principal, and that it was not the intention of the Respondent to dismiss the Appellant from its employ. The Tenure of Service Act prohibits a Board of Education from dismissing a teacher, except in the manner provided in the act, but makes no reference to the transfer of a principal or teacher to another position. The counsel for the Appellant admits that a person protected by the Tenure of Service Act may be transferred from one position to another ; pro- vided such transfer is made by the vote of a majority of all the members of the Board of Education. In the absence of proof to the contrary, it must be assumed that the transfer of the Appellant to the eighth grade in School No. 1 was legally made. The counsel for the Respondent argued that the positions of principal and teacher are separate and distinct, and, therefore, the Appellant was not pro- tected by the Tenure of Service Act for the reason that he had held the position of principal only for three years, and that he would not be protected 290 SCHOOL LAW DECISIONS. by said act until he had entered upon his fourth year of service as principal. I am clearly of the opinion that the Legislature did not intend to divest a Board of Education of its power to transfer a teacher or principal from one point to another as the best interests of the schools demanded, and that a Board of Education may make such transfer ; provided 'there is no reduction in salary. A contract between a Board of Education and a teacher protected by the Tenure of Service Act is unnecessary for the reason that the terms of the con- tract are fixed by said act. The Appellant has not lost any of his rights by failing to sign the contract forwarded to him, neither would his rights have been impaired had he signed it. The appeal is dismissed. November 7, 1912. [Decision of the State Board of Education.] On May 17. 1912, the Respondent's committee on School Government recommenced that the Appellant should not be re-employed as principal in its High School. The recommendation apparently was adopted and the Appellant appealed to the Commissioner of Education. His appeal was dismissed on the ground that he had been assigned to teach in an elementary school at the salary received by him as a principal and that such a transfer was within "the power of the Board. From the decision of the Commissioner he has appealed to this Board. In 1906 Mr. Davis was employed as a teacher in the High School of the Township of Overpeck. He was re-employed in 1907 and 1908. In 1909 he was appointed principal of the High School and served as such until June, 1912. In May, 1912, a Committee of "the Board recommended that he should not be re-employed as principal and that the best interests of the schools would be served by dispensing with his services. Thereafter another principal was appointed in his place, and when he reported for duty in September, 1912, he was assigned "to teach the Sth grade in an elementary school. In Chapter 243 of the Laws of 1909 known as the Tenure of Service Act, it is provided that : — "The service of all teachers, principals, supervising principals of the pub- lic schools in any school district of this State shall be during good behavior and efficiency, after the expiration of a period of employment of three con- secutive years in that district." It is further provided that : — "No principal or teacher shall be dismissed or subjected to reduction of salary in said school district except for inefficiency, incapacity, conduct unbe- coming 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." SCHOOL LAW DECISIONS. 291 Mr. Davis comes within the 'terms of the Act and is entitled to its pro- tection. The question to be decided is the measure of such protection. It is claimed by the Respondent and has been held by the Commissioner that the protection merely covers service, and that Mr. Davis not only could be changed about as a principal but could also be assigned to teach, provided that his salary was not reduced. He was so assigned and as stated on the argu- ment, is now serving under protest as a teacher at the salary received by him as a principal. The 'township is now paying the salary allotted to the principal of the High School to two persons, though one is a teacher in an elementary school. If the decision appealed from is sound, there is nothing to prevent a Board from elevating any teacher who has served more than three years to a position as principal, increasing his salary and subsequently assigning him to teach with the assurance that though but a teacher he will thenceforth receive the salary of a principal. By such procedure a school district might be called upon to pay the salary of a principal not to one teacher as in Overpeck, but to many. If the Respondent's construction of the law is correct, it is within the power of any Board to transfer a man who is a principal to a position as teacher in the lowest grade. In other words, it would be within the power of a Board to assign a man who is receiving a salary of $3,000 or more to teach in a grade where the usual salary paid in the district for such grade is only one-fifth or one-sixth of that amount. If such procedure can be adopted, it would not only be unjust to the taxpayers, but it would promote dissatisfaction among teachers, for what teacher would not feel aggrieved if another teaching the same grade with no more experi- ence was paid the salary not of a 'teacher but of a principal? We cannot believe that the Legislature by the enactment of the Tenure of Service Act intended to place it within the power of a Board of Education to pay for a $500 position a salary of $3,000 or more, merely because in its opinion, the person receiving such large salary is not competent to fill the position for which that sum has been allotted. Such a construction of tb.2 Act is not in accord with reason, and should not be adopted unless the lan- guage admits of no other. If a man who is principal is not competent, he should be removed, rather than given less responsible work at the same com- pensation. If he is fit only to teach, he should receive only the salary of a teacher. The language of the statute is not such as to compel a district to retain an incompetent principal. It is provided that a principal may be removed for any just cause, and incompetency is certainly a just cause. The record is silent as to whether the Appellant in this case is competent or incompetent to act as a principal of a High School. Does the statute fairly construed and with due regard to consequences prescribe that a principal may, without cause be reduced to the rank of a teacher? It reads : "No principal or teacher shall be dismissed" except for just cause after a trial. This language, in our opinion, is the equivalent of (1) no principal shall be dismissed and (2) no teacher shall be dismissed except for just cause after a trial. When a principal is reduced to the rank of a teacher he is dismissed as a principal just as surely as is an officer in the Army dis- missed as such when he is reduced to the ranks and another assigned to his place or as would a teacher be dismissed as such if made a truant officer or a janitor. 292 SCHOOL LAW DECISIONS. No trial was given the Appellant so that as we construe the statute its provisions were disregarded by the Respondent. The case of McManus vs. Newark, 20 Vroom, 175, has been cited in sup- port of the contention of the Respondent. In that case a transfer from detec- tive to patrol duty was held not to contravene "the Police Tenure of Service Act. In that Act, however, it is provided that "no person shall be removed from office or employment in the police department of any city." If in the Tenure of Service Act under consideration, it had been provided that no per- son engaged in the public schools shall be removed from office or employment, the case would be analogous. The Legislature, however, instead of saying that "no person" shall be dismissed has enacted tha't "no principal or teacher shall be dismissed." The record shows that the original intention of the Respondent was to entirely dispense with the services of the Appellant. When it found that he was protected by the Tenure of Service Act, it transferred him from the posi- tion of principal in the High School to 'that of teacher in an elementary school, Instead of complying with the statute and preferring charges against the Appellant, it endeavored to evade the statute and if its act is sustained it will be within the power of Boards, if so disposed, not only to pay the salary of principals to favorite teachers, but also to so degrade and humiliate worthy principals, that the protection which the statute is supposed to afford them would really become a myth. We do not believe that we should place a con- struction on the statute which will so readily enable Boards to evade its pro- visions. In a very recent case, Standard Sanitary Mfg. Co. vs. United States, 226 U. S. the Supreme Court of the United States in construing the Sherman Law wrote : — "This court has had occasion in a number of cases to declare its principle. Two of those cases we have cited. The others it is not necessary to review or to quote from except to say 'that in the very latest of them the comprehensive and thorough character of the law is demonstrated and its sufficiency to pre- vent evasions of its policy 'by resort to any disguise or subterfuge of form,' or the escape of i'ts prohibitions 'by any indirection.' The decision of the Commissioner is reversed and the reduction of the appellant from the rank of a principal to that of a teacher is adjudged con- trary to law. March 1, 1913. Concurring opinion by Dr. John C. Van Dyke. (1) It seems from the agreed state of facts in this case, that the Ap- pellant, Prof. Davis, was first employed by the Respondent, the Board of Education of the Township of Overpeck, in 1006 as a teacher in its High School, that he continued in tha't capacity until 1909, and after that, to wit, May 7th, 1909, he was employed as a Principal. He continued to hold the position of Principal until May 17th, 1912, when he was notified by recommen- dation of the Respondent that "the best interests of the school would be served by dispensing with his services." No charges were preferred against him. Three months later, the Respondent offered the Appellant a second con- tract, for a service unspecified, at the same salary he had been receiving as principal. When the Appellant reported for work, he was assigned, not to SCHOOL LAW DECISIONS. 293 principal's work, but to teaching in the eighth grade. He protested and claimed protection under the Tenure of Service Act. (2) All told, the Appellant served six years in the Respondent's schools three years as teacher and three years as Principal. Counsel for the Respondent contends that there should be three consecutive years as a principal for the Appellant to come under the Tenure of Service Act. Even admitting for the moment that this is necessary, and that his three previous years as a teacher are not to count, he was still under contract with the Respondent from May 7, 1909, to May 17, 1912, a matter of three years and over. The twisting of the dates to read from school year to school year, beginning in September and ending in September is ingenious, but does not alter the facts that the Appel- lant served as a Principal for three years and ten days under contract with the Respondent, and for three years before that had been a teacher under the Respondent. Commissioner Betts in his decision recognizes that the Appellant is within the Tenure of Service Act, saying that the recommenda- tion of the Respondent dispensing with the Appellant's services "taken alone in absence of any charges or hearing was undoubtedly a violation of the Tenure of Service Act." It must be assumed that the Tenure of Service Act was designed to meet just such cases as this, and that the Appellant herein was, with his six years of service, well within the provisions of "the act. (3) When the Respondent on May 17, 1912, passed its recommendation that the Appellant's services should then and thereafter be dispensed with, there was no mention of service in any other capacity than as principal. There was evidently an attempt made to dispense with Prof. Davis's services in any and every capacity. It can be construed in no other way than as a dismissal, and the contention of the Appellant that it was a dismissal, that it was a dismissal without charges, and that it was in violation of the Tenure of Service Act must be upheld. (4) On August 12, 1912, three months after this dismissal, the Respon- dent offered the Appellant another contract for an indefinite service, at the same salary he had been receiving as principal. This cannot be considered as a renewal of the old contract as Principal, but an entirely new undertaking, ft new contract which the Appellant could accept or reject as he thought best. He accepted it under protest, still insisting that he was a principal, not a teacher, and protected by the Tenure of Service Act. The second contract may perhaps be pleaded in explanation of the Respondent's intentions and good will, but it does not alter the essential fact that the Appellant was dis- missed without formal charges, after fie had served six years as teacher and principal in the Respondent's schools and was within the Tenure of Service Act which forbids this very thing. (5) The question of the Respondent's right to promote or demote the Appellant, to place him in one position or another, is dealt with in another opinion in this case, filed herewith in which concurrence is herewith expressed. The main contention of the Appellant that the Tenure of Service Act has been violated, that the second contract is inoperative, and that he is still a principal in the Respondent's employ should be sustained. Decision of the State Board of Education affirmed by Supreme Court, May 2i, 1913. 294 SCHOOL LAW DECISIONS. SALUTE TO THE FLAG AT THE OPENING EXERCISES OF A SCHOOL. Fred Temple, Appellant, VS. Board of Education of the Town- ship of Cedar Grove, Respondent. Fred Temple, pro se. The Respondent, Mr. Jacobus, President of the Board. [Decision of the Commissioner of Education.] The only questions before me for decision are the resolutions adopted by the Board of Education of Cedar Grove Township, prescribing the pledge to be used at the morning exercises in a salute to the flag, and the suspension of the son of the Appellant for failure to repeat this pledge. A Board of Education has the right, under the law, to make rules and regulations for the government of the school, to prescribe the course of study, and, when it deems advisable, the character of the opening exercises. Its action, however, must be reasonable, and must not impose an undue hardship on any pupil. The Respondent in 'this case has evidently adopted the rule relating to a salute to the flag in accordance with a suggestion made some time ago by County Superintendent Meredith, which suggestion was in compliance with a rule of the State Board of Education. The rule directed the County Super- intendent to see that the law requiring the display of the flag during school hours was observed, and further to recommend to the schools, wherever ad- visable, tha't a salute to the flag be made at the opening exercises. The latter part of the rule of the State Board of Education is not mandatory, and, there- fore, has no force of law. I think if a pupil is present at the opening exercises, it is his duty to salu'te the flag. It is a mark of respect that any decent man or boy would use, no matter what country he was in. But, I think that this goes further. It reads : "I pledge allegiance to my flag, and to the Republic for which it stands, one nation indivisible, with liberty and justice to all." That is certainly a pledge of allegiance to the United States. The son of the Appellant is not a citizen of the United States. His citizenship must follow the citizenship of his parents until he becomes of age, when he may choose his own ; but until tha't time his citizenship must follow that of his parents. I think, therefore, that if the child salutes the flag, and does not repeat this pledge, that he is doing all that can reasonably be expected of him ; and that a Board of Education has no right to ask a child to pledge allegiance to the flag of a country of which he is not a citizen. The appeal is sustained, and 'the son of the Appellant must be admitted to the school. v November 8, 1912. SCHOOL LAW DECISIONS. 295 TENURE OF OFFICE OF A JANITOR. William Goorley, Appellant, vs. Board of Education of the Borough of Bradley Beach, Respondent. Charles A. Cook, for the Appellant. John D. Carton, for the Respondent. [Decision of the Commissioner of Education.] The Appellant was employed by the Respondent as a janitor in the school tinder its control for a term of nine months, beginning September iith, 191 1. A special meeting of the Respondent was held June 10th, 1912. This meet- ing was called by order of the president of the Board of Education and the purposes as specified by the president were "to settle the question of janitors and the election of District Clerk." At this meeting there were six members present. A motion was made to elect 'the Appellant and a man named Pyoth as janitors for the ensuing year. The president declared the motion out of order, and left the room, calling on Brown, one of the members, to go with him. The president admits that his action was for the purpose of preventing the election of janitors. The vice-president took the chair and the motion to appoint the janitors was again made, and the roll was called, four members voting in "the affirmative, and none in the negative. During the roll-call Brown left the room. There is nothing in the law which requires that a majority vote of all the members of the Board of Education is required to elect a janitor. A ma- jority of a quorum, therefore, is sufficient. The Board of Education of Brad- ley Beach is composed of nine members, and five constitute a quorum. The question before me is was a quorum present when the vote was taken. Brown testifisd that he was not in the room when the vote was taken, but later was asked : "Q. Do you swear, on your oath, that the roll was not being called while you were in the room ?" His answer was : "A. I can't say that it was not, but I never heard it." Goorley testified, "Four members voted in the affirmative that the janitors be employed at $75 per month, and Bradley Brown, the motion put, left the room afterwards, but he was in the room at the time the roll was being called." Rogers, Harvey and Barton all testified that Brown was still in the room when the roll-call was begun. Barton testified in part as follows : "Q. Was Bradley Brown in the room when any name was called and recorded on the roll?" "A. Yes, I think I had voted." "Q. When you voted was Bradley Brown still in the room?" "A. I think he was just going through the door." Harvey testified in part as follows : "Q. Was one name called while Brown was still in the room? 296 SCHOOL LAW DECISIONS. "A. There was one or two called and I think I voted as Brown went through the door." The minutes read as follows : "Motion made by Barton, seconded by Bradner, that 'the present janitors, Goorley and Pyoth, be retained for another year at a salary of $75 per month. Aye and Nay vote : Rogers, aye ; Barton, aye ; B'rander, aye ; Harvey, aye. Bradley Brown left the room after the motion had been made and sec- onded, and while the vo'te was being called." The minutes of the regular meeting of July 6th show that a notice signed by five members of the Board was served on Goorley, stating that they would not recognize him as janitor or_ pay him for any service rendered after June ii, 1912. Also "the adoption of the following: "Be it resolved that we employ one janitor the year around at the Bradley Beach School, and that Ridgway Pyoth be retained in that capacity." If Goorley was legally elected at the meeting of June 18th, the action taken at the meeting of July 6th was null and void, for it is expressly provided in Chapter 44, P. L. 191 1, that a janitor shall not be "discharged, dismissed, or suspended, nor shall his pay or compensation be decreased, except upon sworn complaint for cause, and upon a hearing, had before such board." It was admitted by the counsel for the Respondent that no charge of in- efficiency had been preferred against the Appellant. I am of the opinion that there was a quorum present at the time the vote was taken, and the Appellant was legally elected janitor at the meeting held June 18th, 1912. November 14, 1912. [Decision of the State Board of Education in the above case.) On November 14, 1912, the Commissioner of Education filed a decision in the above case adverse to the Board of Education of the Borough of Brad- ley Beach. Subsequently the attorneys who represented the Board before the Commissioner, prepared and served a notice of appeal to this Board. The notice is dated December 4, 19 12. On December 9, the District Clerk addressed a letter 'to the Commissioner of Education to the effect that at a meeting of his Board held on the 5th, he was directed to write that it had not authorized any appeal. Though no hearing was demanded, we notified the attorneys that we would hear oral argument. On the return day no one appeared for the Board of Education of the Borough of Bradley Beach, and the attorney for Mr. Goorley moved to dismiss the appeal on the ground that it had been taken without authority. The appeal is dismissed. March 1, 1913- SCHOOL LAW DECISIONS. 297 SUSPENSION AND EXPULSION OF A PUPIL. Richard Tatham, Appellant, vs. Board of Education of the Borough op Waulington, Respondent. Andrew Foulds, for the Appellant. The Respondent, pro se. [Decision of the Commissioner of Education.] In the appeal in this case it is charged that corporal punishment was i«- fiicted upon Hobson Tatham, the son of 'the Appellant, a pupil in the school under the control of the Respondent ; that later the Respondent "did suspend and expel the said Hobson Tatham and did refuse and still refuses to permit him to attend the public school aforesaid," and, that at a meeting of the Board of Education at which the Appellant and his counsel were present, the Respondent refused to permit the Appellant to produce witnesses, and also refused to investigate the matter. It appears that Hobson Tatham, with other boys, was in the basement of the school house, and that the boys were trying to put Hobson in the part of the basement in which the girls' closets were situated. The janitor testified that when he discovered 'them, they ran out, and as they passed him he "slapped each one on the behind ;" that Hobson came back and used in- decent language, and that in order to take him to the principal he was com- pelled to carry him. It also appears that Hobson was defiant to the principal, and was thereupon sent home, and that later the Respondent sustained the action of the principal. Section 112 of the School Law prohibits 'the infliction of corporal punish- ment by any "principal, teacher, or other person employed or engaged in any capacity in any public school." There is no evidence of the infliction of corporal punishment other than the slapping of the boys by the janitor as they ran from 'the cellar. I am of the opinion that the act of the janitor was not a violation of the section above quoted. Section 120 of the school law provides that "pupils in the public school* shall comply with the regulations established in pursuance of law for the gov- ernment of such schools ; pursue the course of study and shall submit to the authority of the teacher. Continued and wilful 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." The evidence shows that Hobson had been, from the time the schools were opened in September, insubordinate, and that on the day he was sus- pended, used obscene language. I think the action of the principal in suspending him was fully justified. There is nothing in the law which prescribes the procedure by a Board of Education in its action in cases of suspension of pupils. Its action may be reviewed in appeal, and if it has erred its action will be set aside. 298 SCHOOL LAW DECISIONS. The only point remaining to be considered is, whether the principal or the Board of Education could impose as a condition precedent to the rein- statement of Hobson Tatham that his "father would be responsible for his con- duct." Section m of the School Law provides that "a teacher shall hold every pupil accountable in school for disorderly conduct, on the way to or from school, or in 'che play grounds of the school, or during recess." This gives the teacher full control of a pupil from the moment he leaves his home on his way to school until he enters it on his return from school. The law substitutes the teacher in place of the parent, and the parent, there- fore, cannot be held responsible for the conduct of his child during the time he is in school or on his way to or from school. The action of the Respondent in approving the suspension of Hobson Tatham is sustained, but it is ordered that it rescind so much of its finding as requires the Appellant to assume responsibility for the conduct of his son while under the control of the teacher. November 14, 1912. USE OF SCHOOL BUILDINGS FOR OTHER THAN SCHOOL PURPOSES. Fred Klein, Et Al., Appellant, vs. Board of Education of Jersry City, Respondent. John J. Mulvaney, for the Appellant. Warren Dixon, for the Respondent. [Decision of the Commissioner of Education.] The Appellants charge. that the Respondent permitted the use of the audi- torium in the high school building under its control for lectures, meeting*, and purposes other than those directly connected with the regular school course and pray that the action of the Respondent be declared illegal, and that the use of said auditorium for other than school purposes be prohibited. Article VI of the School Law provides for the government of city school districts. Section 50 of said law gives to the Board of Education in a city dis- trict "supervision, control, and management of the public schools and pub- lic school property in its district" and section 51 gives to said board power to "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 Educa- tion, for its own government, for the transaction of business, and for the government and management of 'the public schools and the public school property in said district." Article VII provides for the government of township, incorporated town and borough school districts, and section 86, paragraph XI gives to a Board of Education in such district power "to permit a school-house to be used for other than school purposes when the board shall consent thereto." There is no express provision in Article VI authorizing the use of school buildings for other than school purposes, but an examination of Articles VI and VII discloses that in the latter the powers of the Board of Education are SCHOOL LAW DECISIONS. 299 prescribed with considerable detail, while in Article VI they are expressed in general terms. I am unable to discover any reason for permitting the use of a school house in a borough district for other than school purposes and prohibiting such use in a city district, and I am of 'the opinion that it was the legislative intent to give to the boards of education in both classes of districts like powers in the control and management of school buildings. The custom of permitting the use of school buildings for other than school purposes is well established and has existed almost from the time of the erection of the first school house. I think such use should be permitted unless there is an express statutory prohibition. A Board of Education must use reasonable discretion in the exercise of this power, and must not permit a school building to be used for other 'than school purposes at any time when such use would interfere with the regular school sessions. The appeal is dismissed. November 20, 191 2. TENURE OF SERVICE OF TEACHERS. Ella Conrow, Appellant, vs. Board of Education of the Township of lumberton, Respondent. Richard B. Eckman, for the Appellant. Davis & Davis, for the Respondent. [Decision of the Commissioner of Education.] The Appellant had been employed by the Respondent as a teacher in the schools under its control consecutively for the 'term of eight years at the close of the school year of 1911-12. The Respondent failed to assign her to any school for the year of 1912- 13, and gives as a reason that her hearing is so defective as to make it impos- sible for her to give satisfactory service. It is admi'lted that no charges, in writing, were preferred against her, and that she was not given a hearing. Chapter 243, P. L. 1909, provides that the "service 01 all teachers, princi- pals, supervising principals in the public schools in any school district in this S'tate shall be during good behavior and efficiency after the expiration of three consecutive years of service in that district. . . . No principal or teacher shall be dismissed or subjected to reduction of salary in said district except for inefficiency, incapacity, conduct unbecoming a teacher or other just cause, and after a wrrtten charge of the cause or causes shall have been preferred against him or her . . . and after the charges shall have been exam- ined into and found true in fact by said Board of Education upon reason- able notice to the person charged, who may be represented by counsel at th« hearing." The discharge of the Appellant in the absence of written charges and without a hearing was in violation of the provisions of the statute above quoted. The Appellant is, therefore, still in the employ of the Respondent, and is en- titled to her salary. November 25, 1912. 300 SCHOOL LAW DECISIONS. TENURE OF SERVICE OF JANITORS. Edward Deiseroth, Appellant, vs. BoA£r> op Education of Margate City Respondent. [Decision of the Commissioner of Education.) Chapter 4 of the Laws of 191 1, gives to a Board of Education power to make proper rules and regulations • for the employment, discharge, manage- ment and control of public school janitors, employed by such board, incon- sistent with the provisions of said act. It also provides that "no public school janitor shall be discharged, dismissed or suspended, nor shall his pay or com- pensation be decreased, except upon sworn complaint for cause, and upon a hearing had before such board." The evidence in this case shows that the Appellant was employed as janitor by the Respondent in the fall of 191 1, and the records do not show that he was employed for a definite term. It is admitted by the Respondent that no written charges or sworn complaint were ever made against the Appellant, nor was he given a hearing before the board as required by the act of 191 1. Mr. Deiseroth, therefore, is still in the employ of the Board of Education of Margate City, and is entitled to his salary. November 27, igi2. [Decision of the State Board of Education.] This is an appeal by the Board of Education of Margate City from a decision of the Commissioner adjudging that Mr. Deiseroth is still in its employ as a janitor. In October, 1911, the Board of Education of Margate City, appointed Mr. Deiseroth a janitor of the Margate City School. He entered upon the per- formance of his duties and served until the 3d day of September, 191 2, on which day the Board passed a resolution appointing another janitor in his place. No complaint was served upon Mr. Deiseroth and he was not afforded any hearing. It is provided in Chapter 44 of the Laws or 191 1, that no Public School Janitor in any Public School District, "shall be discharged, dismissed or suspended, nor shall his pay or compensation be decreased except upon sworn complaint for cause, and upon a hearing had before such Board." Inasmuch as the statute was in no way complied with, the attempt to discharge Mr. Deiseroth was null and void. The decision of the Commissioner of Education is affirmed. March 1, 1913. TENURE OF SERVICE OF TEACHERS. Edgar Brandes Appellant, The Eoard op Education of the City of hoboken, Respondent. SCHOOL LAW DECISIONS. 301 Edward J. A. Sylvester, for Appellant. John J, Fallon, for Respondent. [Decision of the Commissioner of Education.} The Appellant was appointed a teacher of German in the School District of the City of Hoboken on July 20th, 1908, said appointment to take effect September 1st, 1908. He began his service on that date and continued as a teacher of German in said district until June 30th, 191 1. In February, 191 1, the Respondent approved the recommendation of the Committee on School Government that the service of Mr. Brandes be dispensed with on June 30th. 1911. The Appellant claims that the action of the Respondent in dismissing him was illegal. 1 st. Because he was protected by the Teachers' Tenure of Service Act (P. L. 1909, chapter 243) and his discharge was in violation of the provisions of said act. 2nd. Because he was emp'oyed as a permanent teacher and not on pro bation, and, therefore, his discharge was in violation of Rule XLIII of the "Manual of the Board of Education of Hoboken." The Respondent denies that Brandes was protected by the Teachers' Tenure of Service Act; that he was employed as a permanent teacher; but insists that during the entire time he taught in the Public Schools of Hoboken he was on probation. It also denies that the Manual was in force in 191 1. The Teachers' Tenure of Service Act provides that "the service of all teachers, principals, supervising principals of the public schools in any school district of this State shall be during good behavior and efficiency, after the expiration of a period of employment of three consecutive years in that dis- trict, unless a shorter period is fixed by the employing board." There is no evidence that the Respondent has fixed a shorter period than three years, and therefore, if the Appellant is protected by said act it is by reason of having fulfilled the requirements prescribed by the statute. From the language of the section above quoted it is evident that a teacher must begin on the fourth year of consecutive service before he is protected by the act. The Appellant completed three years of consecutive service, but did not serve during any part of the succeeding year. His discharge was not in violation of the provisions of Chapter 243, P. L. 1909. The claim of the Respondent that the Manual was not in force is, in my opinion, not well founded. It is true that it has been the custom of the Board of Education of Hoboken to pass at the beginning of each year a resolution adopting a manual, and that no such resolut'on was adopted when the Board organized on January 2d, 191 1. At a meeting held January 16th, 191 1, the following resolution was adopted: "Resolved, That a Committee be appointed by the Pres'c'ent to examine the School Manual now in force and ascertain in what particulars the same may be improved and brought up to date and report thereon to this Board." I am unable to find in the Minutes of the Board any record of a report by this Committee or any further action by the Board with reference to amend- ing the Manual. All through the Minutes for 191 1 there are references to the Manual and it is evident that the members of the Board of Editcation believed that the Manual was in force. I am of the opinion that the Manual was in force during 191 1. 302 SCHOOL LAW DECISIONS. The remaining points to be determined are, therefore, was the Appellant appointed as a permanent teacher and was his discharge in violation of any rule contained in the Manual. Rule LVIX of the Manual reads as follows: "All teachers shall be appointed for one year on probation. In case any teacher, during his or her year of probation should show marked unfitness and lack of teaching ability and class control, the Superintendent upon the receipt of the Principal's report to that effect, shall recommend to the Board that he or she shall not be appointed as a regular teacher. All teachers vho upon the termination of their period of probation are recommended by the Principal of the school or schools to which they have been assigned as pro- bation teachers as having given evidence of efficiency in both instruction and discipline, the same having been approved by the Superintendent, the Board of Education shall by a majority vote of the whole Board place said teacher upon the permanent list. No teacher shall be appointed as a probation or permanent teacher unless he or she shall hold a city or State certificate." The first sentence in the nJe above quoted reads as follows : "All teachers shall be appointed for one year on probation." There is no evidence that this rule was suspended at the meeting in 1908 at which the Appellant was appointed, and, notwithstanding the fact that the resolution appointing him did not specifically state that it was a probationary appointment, it is clear that this appointment was probationary, for a permanent appointment could not have been made unless the rule had been suspended. The rule above quoted also provides that "al' teachers, who, upon the termination of their period of probation are recommended by the Principal of the school or schools to which they have been assigned as 'probation teachers as having given evidence of efficiency in both instruction and discipline, the same having been approved by the Superintendent, the Board of Education shall by a majority vote of the whole Board place said teachers upon the permanent list." There is nothing in the record to show that any action in accordance with the above quotation was ever taken in the case of Mr. Brandes The evidence is that on June 28th, 19 10, the Superintendent wrote to Mr. B'randes that his second year of probation would expire June 30, 1910, but that the period of probation had been extended to February 1st, 191 1. In this letter the Superintendent also said "I sincerely trust that there will be a marked improvement in your methods of discipline, and self control on your part as a teacher, so that at the end of this period of probation the Committee will feel justified in recommending your permanent appointment." It appears, there- fore, that at no time was the Appellant on the permanent list of teachers in Hoboken. Was the dismissal of the Appellant in violation of Rule XLVIII? This rule reads as follows : "In case any teacher proves unsuccessful in imparting instruction to pupils, he or she shall be c'ismissed. This shall be done only after the facts are conclusively established, and after trial by the Board upon the recommendation of the Committee on School Government. A majority vote of the full Board shall be necessary for dismissal." SCHOOL LAW DECISIONS. 303 I am of the opinion that this rule applies to all teachers whether permanent or probationary, but that it applies to a teacher appointed on probation only during the time fixed for his probation. A strict construction of the rule would limit its application only to teachers who have been "unsuccessful in imparting instruction to pupils." The testimony of Mr. Demarest, the Superintendent of Schools, shows that Mr. Brandes was not appointed a permanent teacher for the reason that he failed in discipline. There is nothing in the evidence to show that at any time was Mr. Brandts charged with having been "unsuccessful in imparting instruction." I am of the opinion, therefore, that the Board of Education was not bound by Rule XLVIII in acting on the case of Mr. Brandes. But giving a broader construction to the rule, making it apply to com- plaints against a teacher for lack of discipline, I am still of the opinion that the rule does not apply to the case under consideration. An appointment on probation is for a fixed term of one year and is a contract for that period. If the Board of Education attempted to discharge a teacher during his year of probation it would be compelled to grant him a trial, but at the end of the period of probation, the teacher, unless the Board of Education took further action, would cease to be in the employ of the Board. Mr. Brandes was not at the end of his year of probation, appointed a permanent teacher as provided in Rule LVIX. but was continued as a teacher on pro- bation. On June 28, 1010, he was notified that his period of probation had been extended to February 1st. 191 1. Had the Board of Education taken no further action his connection with the school system would have expired on the last mentioned date, but the Board by resolution permitted him to retain his position until June 30, 191 1, at the same time notifying him that he would not be continued as a teacher after that date. The appeal is dismissed. January 20, 1913. [Decision of the State Board of Education.] The Board of Education of the City of Hoboken notified Mr. Brandes, the Appellant, that his employment as a teacher of German would cease on the 30th day of June, 1911. Mr. Brandes appealed to the Commissioner of Educa- tion and claimed that his services could not be dispensed with unless he was afforded an opportunity to answer the charges, if any, preferred against him. From a decision of the Commissioner dismissing his appeal, he has appealed to this Board. The grounds of the appeal in the brief are : — (1) That the Commissioner erred in his rulings on evidence. (2) That the termination of the Appellant's employment was contrary to the Tenure of Service Act, and N (3) That it was contrary to the Manual of the Board of Education of the City of Hoboken. We have read the record and cannot find that the Commissioner's rulings on evidence materially prejudiced the Appellant. No evidence was admitted or excluded which, if excluded or admitted, assuming all that is said by the Counsel for the Appellant, would have changed the facts directly bearing upon the legal questions involved. 3 o 4 SCHOOL LAW DECISIONS. The Appellant taught in the schools of Hoboken for three consecutire years. By the Tenure of Service Act, a Board may try a teacher for three years. If, after such a trial it continues his services, he is entitled to thereafter serve during good behavior and efficiency. The language of the Act is as follows: — "The service of all teachers, principals, supervising principals of the public schools in any school district of this State shall be during good behavior and efficiency, after the expiration of a period of employment of three con- secutive years in that district, unless a shorter period is fixed by the em- ploying board." Inasmuch as the services of the Appellant were not continued after the three years or probationary period, he is not protected by the Act unless a shorter period was fixed by the local board. The Appellant claims that a shorter period has been prescribed by the Manual of the Board. Two rules are set forth in the Manual which bear on the question : One that no teacher shall be dismissed except after a trial wherein the fact that he is unsuccessful in imparting instruction to pupils has been "con- clusively established," and the other that all teachers shall be appointed for one year on probation, but shall not be placed on the permanent list except by a vote of a majority of the whole Board, taken after recommendations as to efficiency have been submitted by the PruuXnls of the schools in which he taught, and approved by the Superintendent. A reasonable interpreta- tion of the rules would confine the operation of that which provides that no teacher can be dismissed except after a trial to permanent tecichers. If it extends to teachers on probation, it would be unreasonable to say that it affords pro- tection for any period other than the trial period, and that at the expiration of such period, the Board could not refuse to make a contract for another period, but must continue the services of the probationer. Such an interpreta- tion would practically nullify the rule about probationers. The Appellant was employed on probation commencing in September, 1908. Owing apparently to his inability to maintain discipline, his period of proba- tion was extended from time to time. On January 28, 1910, he was notified by the Superintendent of Schools that "your period of probation has been extended to February 1st, 191 1." On January 25, 191 1, that is, six days before the expiration of the period of his extended probation, the Superintendent notified him that his services would "terminate on June 30, 191 1." We cannot find that Mr. Brandes was ever appointed a permanent teacher, neither can we find that he was dismissed during any period for which he was employed as a probationer. He was engaged on trial. He was given an extended trial .vhich. however, did not exceed three years. At its expiration we believe the Board had the right to refuse to make b.im a permanent teacher and to dis- pense with his services. The appeal is dismissed. March 1, 1913. SCHOOL LAW DECISIONS. 305 TEACHER'S PENSION. ( c Pearci Appellant, vs. Hoard (if Education of Brick Town- ship, Respondent. C. C. Pearce, for himself. Charles V. Hance, for the Respondent. [Decision of the Commissioner of Education.] The Appellant began teaching in the public schools in Brick Township in the Fall of 1877 and ceased teaching in said Township in June, 191 2. He was a member of the House of Assembly in 1904 and again in 1905. With excep- tion of the time he was attending the sessions of the Legislature he taught con- tinuously in the schools of Brick Township. It is conceded that if the time he was absent during the sessions of the Legislature is included he has had thirty- five years of service as a teacher, and that if the time he was absent is not included his service as a teacher is less than thirty-five years. Chapter 58 P. L. 19 12 provides that "any teacher, principal, or super- intendent 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, principal or superintendent shall be employed, be retired from duty on half the average annual salary during the last five years of service;" provided he shall have been employed at least twenty years by the Board of Education by which he shall be retired. The testimony shows that Mr. Pearce made application for retirement in the spring of 1912, before the school in which he was teaching closed for the summer vacation. It is also shown that during the sessions of the Legislature in 1904 and 1905 he employed a substitute to teach his classes during his absence, that he was paid the full amount of his salary for each of those years and that he paid the substitute. The law under which Mr. Pearce seeks to be retired does not require that a teacher shall have actually taught thirty-five years, but that he "shall have been employed in the public school work" for that length of time. It i« clear from the evidence that Mr. Pearce has been in the employ of the Board of Education of Brick Township continuously for a period of thirty- five years. The act is mandatory, and a Board of Education is compelled to retire a teacher upon his application ; provided he has complied with the requirements of the statute. The Respondent erred in refusing to retire the Anpellant, and it is ordered that the Board of Education of Brick Town- shin retire the Appellant, the retirement to date from July 1, 191 2. February 4, 10 13. Affirmed by State Board of Education May 3, 1913. Affirmed by Supreme Court, 89 Atlantic Reporter 1026, February 25, 1914. 306 SCHOOL LAW DECISIONS. JURISDICTION OF COMMISSIONER OF EDUCATION IN DISPUTE BETWEEN BOARD OF EDUCATION AND A CONTRACTOR. Eugene Ciccarelli, Appellant, vs. Board of Education op the City of Hoboken, Respondent. Merritt Lane, for the Appellant. John J. Fallon, for the Respondent. [Decision of the Commissioner of Education.] It appears that on July 31, 191 1 a contract was entered into by the parties hereto by which the Appellant agreed to prepare plans f&r and supervise the construction of a new school house to be erected in Hoboken ; that plans were drawn by the Appellant, and that on December 4, 191 1 the Respondent received bids for constructing a part of the work called for by said plans and that on December 27, 191 1 the Respondent awarded certain contracts for the erection of said schoolhouse, and work was begun under said contracts and continued until stopped by a writ of certiorari allowed November 16, 1912, which writ is still pending. It further appears that on December 9, 19 12 the Respondent adopted a preamble and resolutions reciting, among other things, that the Respondent "deemed it impracticable and inadvisable to erect the school building under the aforesaid plans and specifications of Eugene Ciccarelli," and selecting other architects to prepare plans for said building. The law gives to the Commissioner of Education power to decide con- troversies and disputes arising under the School Law. The legality of the action of the Respondent on December 9, 1912 is not a controversy or dis- pute arising under the School Law and the Commissioner has, therefore, no jurisdiction. The appeal is dismissed. April 2, 1913. Affirmed by State Board of Education June 14, 1913. DISCHARGE OF SUPERVISING PRINCIPAL— TENURE OF SERVICE ACT. In the Matter op the .Application of jared barfhite to be reinstated As Supervising Principal of the School District of the Town of West New York. Tennant & Haight, for the Appellant. Francis H. McCauley, for the Respondent. [Decision of the Commissioner of Education.] SCHOOL LAW DECISIONS. 307 The Petitioner was employed by the Respondent as Supervising Principal of Schools continuously for the four years ending June 30, 1910. He was dismissed from his position as Supervising Principal without charges having been preferred against him or a hearing given him as required, by Chapter 243 P. L. 1909. If the Petitioner was protected by the provisions of said law the action of the Respondent was illegal and null and void. In the case of Marsteller vs. The Board of Education of Pleasantville, the State Board of Education held that a principal or teacher who rendered services after September 1, 1909 was protected by the provisions of Chapter 243 P. L. 1909, even though he was serving under a contract entered into prior to said date, and which contract did not expire until after said date. The Petitioner was employed by the Respondent in 1907 and continued to serve without interruption until June 1910. He was, therefore, protected by the law above referred to, and the action of the Respondent in discharging him was null and void. April 2, 1913. [Decision of the State Board of Education.] This is an appeal by the Board of Education of the Town of West New York from a decision of the Commissioner to the effect that its act in dis- charging Mr. Barhite was null and void. No evidence was taken in the case. Mr. Barhite was a supervising prin- cipal in the public schools of the Town of West New York for four successive years prior to June, 1910. In that or the preceding month a successor was ap- pointed in his place. Mr. Barhite protested against this act and thereafter wrote a letter to the Superintendent of Public Instruction, Mr. Charles J. Baxter. He received in reply a letter setting forth the rulings of the de- partment in regard to the Tenure of Service Act, one of which was contrary to his contention that his discharge was unlawful. Mr. Barhite's applica- tion to the Superintendent of Public Instruction was informal. There was, however, nothing in the law which prescribed any particular form in which school controversies should be presented to the Superintendent of Public Instruction. Neither is there anything now in the law which prescribes any particular form in which matters must be presented to the Commissioner of Education for his decision. Mr. Barhite sought the rulings of the Superintendent of Public Instruction with regard to the Tenure of Service Act. He received such rulings and there is no suggestion in the papers, neither was there upon the argument, that he did not understand that one of the rulings was contrary to his contentions. He did not appeal to the State Board, but acquiesced in the deter- mination of the Superintendent, and did nothing further until after the ruling of this Board in the Marsteller case. The Board of Education of the Town of West New York had every reason to believe that Mr. Barhite acquiesced in the rulings of Mr. Baxter. We believe Mr. Barhite has had his day in Court and that the Commissioner erred when he allowed him again to attempt to litigate the matter. July 10, 101s. Concurring ooinion of Dr. John C. Van Dyke. Whether action was begun in this case by Barhite in 1910 and decided by the State Superintendent aga : nst him, seems uncertain. The papers do not indicate the exact facts about this. Apparently there was an informal petition 3oS SCHOOL LAW DECISIONS. made which was answered by the State Superintendent in a letter enclosing certain decisions of the State Superintendent under the Tenure of Service Act. barhite seems to have accepted these decisions as covering his case, and abandoned any further thought of action. If he did not, what became of his suit? If he started one, why did he not press it? If decided against him, why did he not appeal to the State Board of Education at that time? Action now, before a new tribunal, after the lapse of three years, certainly argues negligence for which the Appellee alone should be held responsible. The argument of counsel for Appellant on that point seems well grounded. Barhite was guilty of laches or negligence in not pressing his cause. It is unreasonable to suppose that the Appellant, the Board of Education of West New York, could or should wait three years upon the movement of the Appellee. Again, if the Appellee bases his present claim upon the ground that he has not been heard in Court, that his case has never been adjudicated, and that he expressly reserved all his rights in his protest against his dismissal in iqio, the same question arises. Why did he not urge his claim before the State Superintendent in 1910? Actions must be begun within a reasonable time. The Statute of Limitations was established for the very purpose of barring actions not started within a reasonable time. Can the Appellee contend that three years is a reasonable time to put forth his claim? The Appellant had to make new contracts or go on with the old one, and it was not possible for the Board of Education of West New York, the Appellant, to wait such a length of time upon the Appellee's movements. The matter could have been decision. The consequences of his not doing so should fall upon his own decision. The consequences of his not doing so should fall upon his own head rather than upon the head of the Board of Education of West New York. Whatever rights he may have had in 1910 under the Tenure of Service Act he has lost by his own negligence, either by failure to start a suit in the first place, or failure to press his right of appeal in the second place, The decision of the Commissioner is reversed. An appeal in this case was taken to the Supreme Court. The Supreme Court rendered a decision under date of February 18, 1914, dismissing the appeal. An appeal was then taken to the Court of Errors and Appeals. The Court of Errors and Appeals has as yet rendered no decision. (LECTION OF MEMBERS OF A BOARD OF EDUCATION. William F. Comly and Giles M. Roome, Appellants, vs. The Board of Education of Pequan- nock Township, Respondent. King & Vogt, for the Appellants. J. H. Newbury, Pres't, and Lewis F. Stilwell, District Clerk, for the Respondent. [Decision of the Commissioner of Education.] SCHOOL LAW DECISIONS. 309 The schoo! law provides that the annual meeting for the election of members of a board of education shall be held on the third Tuesday in March, and that the election shall be by ballot, the polls shall remain open one hour, and as much longer as may be necessary to enable the legal voters present to cast their ballots, and further that if members are to be elected for the full term, and members for the unexpired term the ballots shall designate the persons who are to serve for the full term and the persons who are to serve for the unexpired term. In this election there were, as shown by a recount in the office of the Commissioner of Education, sixty-seven ballots cast which contained no designation of terms. The other ballots stated the terms for ivhich the members were to serve. An election should not be set aside unless the evidence of fraud or ir- regularity is such as to cast a doubt upon the result. The fact that the Chairman of the meeting stated that the three persons receiving the highest number of votes would he elected for three years and the fourth person would be elected for two years may possibly have influenced soma voters, but to declare an election illegal simply on that account would be to place, in my opinion, a very dangerous power in the hands of a Chairman of a meet- ing, it would enable him, if he so desired, and if he were inclined to de- feat the will of the people, to make such statements as would cause such confusion as would result in no election. j\ voter is supposed to know the law, and when he casts his ballot he is pre- sumed to know what he is doing. Further, even had the motion been put and carried by the people it would still have had no force and effect for the reason that the polls must remain open one hour at least. A voter is not compelled to be present at the opening of the meeting. He may come in any time during the hour. When he comes he is entitled to cast his ballot. He cannot be deprived of that right by any action of the meeting, prior to the opening of the polls. When a voter comes he may come without any knowledge of any such ruling having been made by the Chair, or having bsen adopted by the meeting. He would cast his ballot as the law prescribes. He is entitled to have that ballot counted. A person cannot be deprived of his right to vote by any action of the Chairman or of the meeting, provided he is a legal voter. The school law does not provide any method for holding an election other than that there shall be two tellers appointed, and that the voting shall bs by ballot. I think, therefore, that any ballot which clearly ex- presses the intent of the voter must be counted. The sixty-seven ballots which were cast without any designation of terms did not express the intent of the persons casting them. They must, therefore, be rejected. The remaining ballots which designated the terms must be counted and the will of the people as expressed by those ballots must be respected. Now as regards the poll list and tally sheet. The law prescribes that the poll list and tally sheet shall be placed in the envelope with the ballots, seal- ed, and sent to the County Superintendent. The package when received at the Office of the Commissioner of Education, from Superintendent Hulsart, was sealed when it arrived. It was then opened and did not contain the tally sheet and poll list. If there were in this case any question as to whether there were persons who voted who were not entitled to vote, and if the number of such persons was sufficient to change the result, the tally sheet and poll list would be im- portant. There is, however, no controversy on this point. In fact it is ad- mitted that no question is raised as to the eligibility of any of the voters. 3 io SCHOOL LAW DECISIONS. I think that the failure of the Secretary of the meeting to enclose the poll list and tally sheet, under such conditions, should not invalidate the election. Messrs. Lewis Stilwell, William Warden and Munson Zeliff were each elected for a term of three years, and Mr. Abraham Kayhart was elected for a term of two years, and are entitled to act as members of the Board of Edu- cation. April 7, 1913. REMOVAL OF A MEMBER OF A BOARD OF EDUCATION FOR NOT ATTENDING MEETINGS. * George W. Mead, Appellant, vs. The Board of Education of Pequannocx Township, Respondent. [Decision of the Commissioner of Education.] If a member of a board of education is absent from the district for a long period of time consecutively, and absent from the State, so that it is im- possible to notify him, I think that notice would not be necessary.. But where a man is living in the district, and can be served with a notice, notice should be given for the reason that the Board must be able to show that the member is removed for cause. It may be that a member of a board of education through indifference fails to attend, but that is not within the official knowledge of the members of the Board. In this case notice should have been given before action was taken. April 7, 1913. PERCENTAGE OF SALARY TO BE DEDUCTED FOR TEACHERS'. RETIREMENT FUND. In the Matter of the Appeal of Ella M. Bailey vs. The Board of Trustees of the Teach- ers' Retirement Fund. [Decision of the Commissioner of Education.) The Appellant, at the time she became a member of the Teachers' Re- tirement Fund, had been teaching in the public schools in this State for a period of three years. Prior to becoming a teacher in this State, she had taught in public schools in other States for a period of about fifteen years. The law provides that there shall be deducted "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 hereinafter pro- SCHOOL LAW DECISIONS. 311 vided, fifteen years or more when they became or shall become members oi the fund." the monthly salary of the Appellant. From th's action, she appealed, claim- the monthly salary of the Appellant. From this action, she appealed, claim- ing that the fifteen years' service as a teacher should be in the State of New Jersey In order to subject her to a deduction of three per centum of her salary. The percentage of salary to be deducted for the Teachers' Retirement Fund is based on the total experience of a teacher whether such experience shall have been within or without this State. A teacher, therefore, who has had fifteen years' experience in another State and accepts a position in New Jersey is liable to a deduction of three per centum. The appeal is dismissed. April 8, 1913. [Decision of the State Board of Education.} The Teachers' Retirement Fund is made up of certain percentages re- served or deducted from each warrant or order for salary, given to each member of the Fund. From some warrants 2% is deducted, from others, 2j^%, and from others, 3%. The law provides that 3% shall be deducted from those who were or shall have been teachers fifteen years or more when they become or shall become members of the Fund. The Commissioner has decided that the fifteen years is to be ascertained by computing the time a teacher has taught, whether within or without the State. No good reason has been advanced to show that the Commissioner erred in his conclusions. A careful examination of the entire act, and more particularly that part which relates to the annuity to be received by a teacher on' retirement, coupled with the fact that teachers of experience, whether within or without the State, invariably receive a larger salary than beginners, and are more likely to be retired in a shorter time than beginners, convinces us that bis conclusion was correct. The decision of the Commissioner is affirmed. July ii, 1913. REFUSAL OF COMMON COUNCIL TO RAISE AMOUNT APPROPRIATED FOR SCHOOL PURPOSES BY THE BOARD OF SCHOOL ESTIMATE. Board ok Education of the City of Lambertville, Appellant, vs. The Common Council of the City of Lambertville, Respondent. W. Holt Apgar, for the Appellant. Walter F. Hayhurst, L. H. Sargeant and George H. Large, for the Re- spondent. (Decision of the Commissioner of Education.] 312 SCHOOL LAW DECISIONS. The Appellant, at a meeting, held on August 29, 1912, adopted resolu- tions requesting the Board of School Estimate to appropriate $75,000 for 'the purchase of land and the erection of a school house. The Board of School Estimate, at a meeting held on September 9, 19 12, fixed and determined the sum of $75,000 as necessary for the purposes named in the resolutions of the Appellant. The Respondent has neglected and refused to provide the amount fixed and determined by the Board of School Estimate, and pleads in justification the following : 1. That the certificate of the Board of School Estimate was presented to the Common Council of 1912, and was not properly before the Common Council of 1913. The evidence is that the resolution was presented to the Common Coun- cil in September, 1912, and that no action for raising the $75,000 certified to it by the Board of School Estimate was taken by the Common Council prior to its reorganization in January, 1913. The certificate of the Board of School Estimate is now before the Common Council, and, if 'the proceedings on which such certificate is based were legal, the Common Council must raise said sum of $75,000 and place it at 'the disposal of the Board of Education. 2. The second contention is that the Board of Education was not a legally constituted body. The members of the Board of Education were appointed under the pro- visions of Chapter 233, P. L. 191 1, This law was declared to be unconstitu- tional in the case of Sheridan vs. Lankering, 83 A. R. 641, but no action has been taken to remove said members and until they have been removed by due process of law they continue to act as de facto members and their acts are legal. 3. The third point is that Archibald G. Smith, who acted as a mem- ber of the B'oard of .School Estimate at the meeting of September 9, 1912, was, not a member of said Board. Smith was appointed a member of said Board on February 7, 1912. The minutes of the meeting of the Board of Education held April 24, 1912, contain the following: "The President named the following Committee according to the new By-laws — Board of Estimate, Mr. Malloy and Mr. Bowne." Section 73 of the School Law provides for the appointment annually of two members of the Board of Education as members of the Board of School Estimate. These appointments are to be made during the month of January. Chapter 233 P. L. 1912 removed from office on January 31, 1912, all mem- bers of the Board of Education in office on that date. The appointment of Mr. Smith in February was, therefore, to fill a vacancy. Section 73 further provides that "in case of any vacancy occurring in any such Board of Estimate by reason of the resignation, death or removal of any member thereof such vacancy shall be immediately filled by the body which originally appointed such member." There is nothing to show that Mr. Smith resigned and in the absence of such resignation there was no va- cancy. Mr. Smith was a member of the B'oard of School Estimate on Sep- tember 9, 1912. Even if there had been a vacancy the appointment of Mr. Bowne was null and void. The law prescribes that such vacancies shall be filled by the Board. The power cannot be delegated to the President. SCHOOL LAW DECISIONS. 313 There is some question as to whether Mr. Smith was notified of the meeting of the Board of School Estimate called for September 9, 1912. The Secretary of the Board testified that he notified Mr. Bowne. Mr. Smith de- clined to testify that a notice of the 'time and place of said meeting was given or sent to him. He testified, however, that he knew of the meeting, and thought he prepared the original resolution. A special meeting of a board is not legal unless all the members have had notice of the time, place and purpose of the meeting, but the law does not state how such notice shall be given. Mr. Smith was present at the meeting of the Board of Education held August 20, 1912, at which the resolution requesting the Board of Esti- mate to appropriate the $75,000 was adopted and was also present at the meeting of 'the Board of Estimate on September 9th. Had he not been present at the meeting on September 9th, there might be a question as to the legality of the action taken on that date. The fact that he was present is sufficient proof that he received proper notice. 4. The fourth point is that the resolution adopted by the Board of Educa- tion on August 29, 1912, was irregular in that it did not state separately the sum needed, for each purpose. Section 76 of the School Law reads in part as follows : "Whenever a city board of education shall decide that it is necessary to raise money for the purchase of lands for school purposes, or for erecting, enlarging, repairing or furnishing a school house or school houses, it shall pre- pare 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." It is evident from the language used that a statement of 'the total amount needed for all the purposes named in the statement is sufficient. Had it been the intention of "the Legislature that the amount named for each item should be stated separately, the same language would have been used as in section 74, which provides the method of making appropriations for the current expenses of the schools. In that section it is expressly provided 'that the statement shall be itemized. 5. The fifth point is that the Common Council was unable to raise 'the money for the reason that the amount fixed and determined by the Board of School Estimate was in excess of the amount which the Common Council was authorized to raise by the issue of bonds for school purposes. The law prohibited the Common Council from issuing bonds for school purposes in excess of a sum equal to three per centum of the taxable property in the district, but the law gives to said council the option of raising the amount fixed and determined by the Board of School Estimate, by the issue of bonds, by direct tax or both. The evidence shows that the borrowing capacity was about $67,000. Bonds could be issued for that amount and the balance of $8,000 raised by direct tax. The Supreme Court in the case of Montclair vs. State Superintendent, 48 Vr. 68, held that it was "mandatory upon the body having the power to make appropriations raised by taxes to cause the amount to be raised by tax or to borrow the same and secure its re-payment by the issue of bonds." 314 SCHOOL LAW DECISIONS. The Common Council further attempts to justify its refusal to act on the ground that the plot elected by the Board of Education was unsuitable, and was unsatisfactory to the people of the district. Whether the plot is or is not suitable is not to be determined by the Common Council. The law gives this power solely to the Board of Education. The Common Coun- cil has no discretion in such cases, its sole duty being to provide the amount of money fixed and determined by the Board of School Estimate. It is ordered that the Common Council immediately take such action as will place at the disposal of the Board of Education the $75,000 fixed and de- termined to be necessary by the Board of School Estimate at its meeting held September 9, 1912. April 8, 1 91 3 [Decision of the State Board of Education.] In August, 1912, the Board of Education of the city of Lamberftville adopted resolutions requesting the Board of School Estimate to appropriate $7S,ooo for the purchase of a certain tract of land "and for constructing thereon a new school building and furnishing same and for repairs to existing school buildings." In September, 1912, the Board of School Estimate certified to the Com- mon Council of the City of Lambertville that it had appropriated the sum of $75,000 for the purpose of purchasing a certain site and for the purpose of erecting a school building thereon and that such sum of money was requested for such purposes, for furnishing the building and for repairs to existing school buildings. The Common Council was requested to take proper measures to raise said sum of money for such purposes. Section 74 of the School Law makes it the duty of the B'oard of Educa- tion of each City School District on or before the 15th day of May of each year to prepare for the Board of School Estimate an itemized statement of the amount of money necessary for current expenses of and for repairing and furnishing the public schools of the District for the following year. Section 75 makes it the duty of 'the Board of School Estimate between the 15th of May and the first of June to fix and determine the amount of money necessary for the use of the public schools for the following year and to certify the same to the Common Council, Board of Finance or other body in the City having power to make the appropriations. By the same Section it is provided that the Common Council 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." Section 76 provides that when a City Board of Education decides that it is necessary to raise money for the purchase of land for school purposes or for erecting, enlarging and repairing or furnishing a school house, it shall prepare for the Board of School Estimate a statement of the amount of money estimated to be necessary for such purpose or purposes. By the same Section it is made the duty of the Board of School Esti- mate to fix and determine the amount necessary and to certify such amount to the Common Council or other financial body. By the same Section it is provided that : SCHOOL LAW DECISIONS. 315 "said Common Council, Board of Finance or other body may ap- propriate such sum or sums, for such purpose or purposes, in the same manner as other appropriations are made by it." It will be noticed that it is provided that the Common Council shall appro- priate moneys necessary for the annual running expenses, but that for the purchase of land and erection of buildings the Common Council may appro- priate the moneys. In this case the Common Council evidently believed that i't rested within its discretion whether to appropriate $75,000 or not for the purchase of a site and the erection thereon of a school building, for funishing same and for repairs to other school buildings. I't did not agree with the B'oard of Education about the site selected by the latter and for the purpose of ascer- taining the wishes of the people it caused a ballot to be taken, which had no binding effect, but which was purely advisory. At such ballot 412 votes were cast, 46 of which were in favor of the site selected by the Board of Education, 353 in favor of the site preferred by the Common Council, while 13 were rejected. Following this vote, the Common Council refrained from appropriating $75,000 requested by the Board of Education and fixed and determined by the Board of School Estimate. Proceedings were instituted before the Com- missioner by the Board of Education to compel the Common Council 'to raise the $75, coo. In such proceedings the Common Council offered to prove that the site selected by the Board of Education was not a proper site. The Com- missioner declined to receive the evidence on the ground that the Common Council had no discretionary rights or powers in the matter, that its sole duty was to raise the money, the amount of which was fixed and determined by the Board of School Estimate. In 'the case of Montclair against Baxter, 47 Vroom, 68, the Court in the course of its opinion wrote that when the Board of School Estimate has fixed and determined the amount of money necessary for the purchase of land and the erection of a school house, the Common Council, notwithstand- ing the use of the word "may" in Section 76, has no discretion, but must make the appropriation. While, in view of the actual decision rendered, the language of the Court might be viewed as a mere expression of opinion, still it has been assumed since 1908, when it was written, to be the law and to be binding upon Common Councils. In view of this decision and of the peculiar facts of this case, it has been strongly urged that proceedings on the part of the Board of Education and the Board of School Estimate for the purpose of raising the money for the purchase of land and the erection of a building thereon must literally and strictly comply with the Statute. In short, counsel for the Common Council herein contends that a strict rather than a substantial compliance with the Statute is necessary. We cannot ignore the fact that Boards of Education are not composed of technical lawyers and in the absence of a decision 01 'the Court we are unwilling to lay down a rule which would require a microscopical analysis of proceedings for the raising of money for school improvements. To us it seems sufficient if the provisions of the Statute, fairly construed, are com- plied with. This case was very fully argued before the Committee, and while many points, chiefly of a technical nature, were presented, special stress was laid upon one. It was urged that as the resolution of the Board of Education and also of the Board of School Estimate called for the purchase of a particular 3*6 SCHOOL LAW DECISIONS. site, the Common Council was justified in declining to appropriate the money in view of the decision in the case of the Board of Education against Mont- clair, 47 Vroom, 59. In that case 'the resolution of the Board of School Esti- mate fixed and determined the amount of money necessary for the erection of a school house at $75,000, "on condition that a school building containing 20 units shall be erected." The Court held that "the resolution by its very terms was conditional upon a certain kind of a school building being erected. The Court, therefore, held that the resolution did not fix and determine the amount as required by Statute and that the Common Council was right in re- fusing to appropriate the money. In this case the Common Council of Lambertville contends that the reso- lution of the Board of School Estimate was conditional in that it fixes $75,000 for 'the purchase of a particular site, etc. As we understand its argument, it is that the resolution is the equivalent of a resolution fixing and determining $75,000 for the purchase of a site and the erection ot a building thereon on condition that a particular site be secured. Pts theory is that if it is conditional to fix an amount provided a certain kind of a building can be secured for it, it is just as conditional to fix an amount provided a certain site can be secured. In this case the Board of School Estimate absolutely fixed and determined the amount of money necessary to carry out the objects of the Board of Edu- cation and such objects included the purchase of a particular site. In the Mon'tclair case the Board of School Estimate did not, as the Court held, fix and determine the amount necessary for the objects expressed by the Board of Education. In that case the Board of School Estimate in effect said: We fix and determine the sum of $175,000 on condition that a certain result can be accomplished. In this case the sum was fixed absolutely as required by Statute and pre- sumably the Board of School Estimate, before fixing it, ascertained that 'the amount of $75,000 was adequate for the purchase of the particular site and for the other purposes expressed in the resolution of the Board of Education. The decision of the Commissioner is affirmed. July 10, 1913- Affirmed by Supreme Court, 90 Atlantic Reporter, 242. ELECTION OF MEMBERS OF A BOARD OF EDUCATION. William A. Bembridge, et. al., Appellant, vs. Board of Education of the Borough 0? Roselle Park, Respondent. Donald H. McLean, for the Appellant. Harwood Fish, for the Respondent. [Decision of the Commissioner of Education.] When there is a contest over the election of members of a board of edu- cation, and a request is made for a re-count, the facts presented should be such as would constitute, in the mind of any reasonable person, a grave doubt SCHOOL LAW DECISIONS. 317 as to the correctness of the count, or as 'to the number of legal votes cast at the election, before the ballot box should be opened and a re-count made. In this case there is a charge made that certain ballots were cast which did not con'tain the first names of the voters. Admitting that these ballots were illegal, there were not enough of them to affect the result and the remaining point, therefore, to be considered is whether there was a probability of enough illegal votes having been cast to affect the result. The fact is, if I remember correctly, that two witnesses testified that each one of them knew of one illegal vote. The second one testified tha't the illegal voter of whom he had information was not the same as was testified to by the other witness. Admitting tha't these two were illegal the result would still not be affected. There is no evidence to show that there were any general attempts at illegal voting. There is nothing in the evidence to show "that there was any unusual confusion at the meeting. There is no evidence to show that there were any challenges made, or that there was any question raised as to the right of any person present to cast his ballot. In my opinion, the will of the people, as expressed in an election, should not be lightly set aside ; and that before there is a re-count, there should be some evidence that there was more than a probability of an illegal election ; therefore, the appeal is dismissed. April 14, i9 x 3. TENURE OF SERVICE OF TEACHERS. Ella Conrow, Appellant, vs. Board of Education of Lumberton Town- ship, Respondent. Richard B. Eckman, for the Appellant. Davis & Davis, for the Respondent. [Decision of the Commissioner of Education.] It is admitted that the Appellant was employed as a teacher in the schools under the control of the Respondent continuously for eight years at the close of the school year ending June 30th, 1912, and that the Respondent did not assign her to any school at the opening of the fall term in September last. On January 9'th, 19 13, written charges that she was incapacitated from performing her duties as a teacher by reason of deafness were filed with the Board of Education of Lumberton Township; on January 13th, said Board, after examining witnesses declared the charges sustained and dismissed her. Miss Conrow is exceedingly deaf, and, without the aid of some mechanical device is undoubtedly incapacitated from performing the du'ties of a teacher. Her deafness has been of long standing, and it is evident from the testimony that the condition has changed very little, if any, since she was first employed by the Respondent eight years ago. Miss Conrow, since the close of school in June, 1912, has procured a mechanical device known as the "acousticon" and 3i8 SCHOOL LAW DECISIONS. with this she is able to hear distinctly. If the Respondent was of the opinion, as is shown by retaining her in its employ, that the services of Miss Conrow were satisfactory and efficient for eight years while her difficulty in hearing was about the same, there appears to be no good reason for dismissing her on account of her deafness, after she had secured an appliance which enables her to hear almost, if not quite, as well as a person with normal hearing. The action of the Respondent in dismissing the Appellant was in viola- tion of the provisions of Chapter 243, P. L, 1909, commonly known as the "Teachers' Tenure of Service" law, and is, therefore, null and void. April 18, 1913. [Decision of the State Board of Education.} Miss Conrow was a teacher in the employ of the Board of Education of Lumberton Township. In January, 1913, a charge was preferred that because of deafness she was incapacitated to serve as a teacher. Evidence was taken at a hearing of which she had notice. The charge was found to be true in fact and she was dismissed. She appealed to the Commissioner of Educa- tion, and he ruled that her dismissal was contrary to the Tenure of Service Act, and therefore, null and void. That act provides that a teacher who has been charged with incapacity may be dismissed if she has been given a trial after reasonable notice, and if the charge has been found true in fact by the Board of Education having charge of the school in which she was engaged. In this case we have not been furnished with transcript of the proceedings of the trial before the local board, but, from the argument, we infer that the evidence adduced before it was substantially the same as that before the Com- missioned. As the procedure prescribed by the Statute was followed, hut two questions arise : first, was the charge such as, if found true in face, would justify dismissal; and, second, was the finding that the charge was true in fact so clearly against the weight of evidence as to lead to the conclusion that it was the result, not of honest judgment, but of passion or prejudice. The charge against Miss Conrow was that she was so deaf that she was incapacitated to properly perform the duties of a teacher. Hearing is so essential to a teacher that we cannot say that its substantial impairment is not just cause for dismissal. That Miss Conrow is quite deaf is admitted. She contends, however, that between the time when she last taught and the time of her trial she had purchased an acousticon with the aid of which, at the time of the trial, she could hear as well as the average person. It is urged that as teachers are permitted to wear glasses to improve their vision, those with defective hear- ing should likewise be allowed to wear acousticons. It is not necessary how- ever for us to decide to what extent local boards must submit to the use of instruments by teachers to overcome defects. On the trial evidence was sub- mitted tending to show that the acousticon is not the equal of the normal ear. In fact, it was admitted that hearing with it is, to some exent, dependent on the direction from which the sound comes. There is a suggestion that the Board of Education of Lumberton Town- ship is estopped to claim that Miss Conrow is incapacitated because she had been in its employ for many years during most, if not all, of which time her hearing was defective. We cannot subscribe to a doctrine that a Board which, because of sympathy or other reason, tolerates, an inefficient teacher, thereby estops itself and the public which it represents from dismissing her. If such SCHOOL LAW DECISIONS. 319 were the law, a sympathetic, or an incompetent, or a dishonest Board might con- fer a life tenure on an absolutely incompetent teacher. The decision of the Commissioner of Education is reversed, and the deter miration of the Board of Education of Lumberton Township, affirmed. January 3, 1914, DISCHARGE OF TEACHER— TENURE OF SERVICE ACT. Kohert A. Clayton, Administrator of Helen R. Sumner, Deceased, Appellant, vs. Board of Education of the City of Orange, Respondent. Herbert W. Knight, for the Appellant. Arthur B. Seymour, for the Respondent. [Decision of the Commissioner of Education.] The Appellant is the Administrator of the goods, chattels and credits of Helen R. Sumner, deceased. Helen R. Sumner was employed as a teacher in the schools under 'the control of the Respondent from 1906 until June 19 10. In April, 19 10, she was notified that "it will be necessaary to engage a teacher in your place next year." The Appellant protested that her dismissal was in violation of the provisions of Chapter 243. P. L. 1909, known as the "Teachers' Tenure of Serv- ice" law, and reported for duty at the opening of the schools in September, 1910, but was not permitted 'to render any service and has not been paid any salary since the close of school in June, 1910. Mrs. Sumner filed in this Department an appeal from the action of the Respondent and died while the appeal was pending, whereupon, Robert A. Clayton, the administrator of her goods, chattels and credits was substituted as the Appellant in this matter. The Respondent denies that Mrs. Sumner was protected by the provisions of the Tenure of Service law, for the reason 'that the contract between her and the Respondent was entered into, prior to the passage of said law, for a definite term, which did not expire until after said law went into effect, and claims that she was no't dismissed, but was not reemployed upon the expiration of her contract, also that the failure to re-employ her was not in violation of the pro- visions of said law, for the reason that the Legislature had no power to impose its conditions in the case of a teacher who had entered into a contract prior to the date on which said act went into effect, and for a definite term. In the case of Marsteller vs. The Board of Education of the Borough of Pleasantville, the State Board of Education, at a meeting held December 7th, 19 12, held that the provisions of Chapter 243, P. L. 1909, applied to all teach- ers who were employed after September 1, 1909, and who had been in con- tinuous service in the district more than three years, and that making said act applicable to teachers who were serving under contracts entered into prior to said date was not in violation of the provision in the Constitution prohibiting the enactment of laws violating the obligations of contracts. 320 SCHOOL LAW DECISIONS. The action of the Respondent, therefore, in refusing to re-employ Mrs. Sumner in September, iqio, was a dismissal and a violation of the provisions of the "Teachers' Tenure of Service" law, and was illegal, null and void. April 18, 1913. [Decision of the State Board of Education.] This case comes before the State Board of Education on appeal from the decision of Assistant Commissioner Betts. The facts are agreed upon by coun- sel and the case hinges upon the Tenure of Service Act ; first, as to whether it is applicable in this case, and, second, as to whether the act itself is con- stitutional. 1. The statute specifically says "the service of all teachers, principals, super- vising principals of the public schools in any school district of this State shall be during good behavior and efficiency, aftsr the expiration of three consecutive years in that district, unless a shorter period is fixed by the employing board." The statute goes on to point out exactly when and how the period of these years shall be counted by saying "Provided, that the time any teacher, principal, supervising principal has taught in the district in which he or she is em- ployed at the time this act shall go into effect, shall be counted in determining such period of employment." It is not disputed that Helen R. Sumner was a teacher employed by the Board of Education of the City of Orange when this act went into effect, (Sept. 1909), 'that she remained in the service of the said Board for nearly a year after it had gone into effect, (i. e., until June 30, 1910), that she had been in the continuous service of the said Board for some fourteen years prior to "the passage of the act (i.e. from 1896 to 1909). With this statement of the facts and the specific statements of the law it is impos- sible to reach any other conclusion than tha't the said Helen R. Sumner was well under the Tenure of Service Act and entitled to its protection. 2. In the case of Marsteller vs. the Board of Education of the Bor- ough of Pleasantville, the State Board assumed the constitutionality of the Tenure of Service Act. It does so again in this case. The act does not prevent school boards from dismissing teachers and terminating contracts, but provides that this shall be done in a deliberate manner and upon sufficient grounds. It provides that the teacher be given a trial and heard in her own defense. There seems nothing in this that "impairs the obligation of con- tracts," as that clause of the constitution has been interpreted. The decision of Acting Commissioner Betts is sustained and the appeal dismissed. February 7, I9'4- SCHOOL LAW DECISIONS. 321 ELECTION OF MEMBERS OF A BOARD OF EDUCATION. In the Matter of Allen E. Clough and Theodore C Bkandeis, Appellants, vs. The Board of Education of the Town- ship of South Orange, Respondent. Jerome T. Congleton, for the Appellant. Edward D. Duffield, for the Respondent. [Decision of the Commissioner of Education.] The motion to recount the ballots is denied, for the reason that there is nothing in the petition that questions the count, and that matter is not properly before me. The election on the 18th of March, in the School District of South Orange, was conducted, I think, in rather a loose manner. As a matter of good prac- tice, the ballots should be counted so that the persons present can judge of the result as the count proceeds, and a wise precaution is to have the parties interested present, so that they can see the count as the ballots are taken from the box. The school law, however, is not specific as to the method of conducting a school meeting, further than to provide for the election of a Chairman and Secretary, and the appointment of tellers, two tellers for the box for the members of the Board of Education and two tellers for the box for the appropriations, and that the ballots shall be counted in the presence of the Chairman. The intent of the last provision, namely, that they shall be counted in the presence of the Chairman, is that, in the case of any disputed ballot, there may be some person present to whom it can be referred, who shall have final judgment, so far as the count goes, as to the admission or rejection of the ballot, and also to see that the count proceeds in an orderly manner. I do not believe that the fact that other business was transacted after the counting began, and that the Chairman had his back turned to the ballot boxes, and was some fifteen or twenty feet away, would justify declaring an election null and void. There is nothing in this evidence to show that there were illegal ballots cast or that the count was incorrect. There is simply an inference that it might have been incorrect because it was not supervised. The election of a person to public office should not be declared invalid upon inferences, or without direct proof of fraud or proof that the count of the ballots was incorrect. The appeal is dismissed. May 9, 1913. ORDER WITHHOLDING SCHOOL MONEY FROM A DISTRICT. In the Matter of Walter G. Davis, vs. The Board of Education of the Town- ship of Overpeck, Bergen County. John Scott Davison, for the Appellant. William J. Morrison, for the Respondent. 322 SCHOOL LAW DECISIONS. [Decision of the Commissioner of Education.] The County Superintendent of Schools of B'ergen County has forwarded to this office orders withholding from the school district of the Township of Overpeck all State moneys now in the hands of the Custodian of the School Funds of said district or which may hereafter come into his hands. The reason assigned for the issuing of this order is that "the Board of Education of said school districts of Overpeck has neglected or refused to comply with the de- cision of the State Board of Education in the action of Davis vs. The Board of Education of Overpeck Township." Orders issued by the County Superintendent withholding school moneys from the school district do not become effective until approved by the Commissioner of Education. The question now before me is whether the Board of Education of Over- peck Township has neglected or refused to perform any duty imposed upon it by the school law or by the rules and regulations of the State Board of Educa- tion, and, if so, whether such refusal or neglect is sufficient ground for with- holding from the school district of the Township of Overpeck the said school moneys. The State Board of Education decided that the transfer of Mr. Davis from the position of principal to the position of assistant teacher in the schools under its control was illegal and said Davis was under the protec- tion of the Tenure of Service Act as a principal and could not be transferred to another position without his consent. I am of the opinion that the decision of the State Board of Education reinstated Mr. Davis as principal of the High School in the Township of Overpeck without any action whatever by the Board of Education of said school district. The Board, therefore, has not neglected or refused to perform any duty imposed upon it by the statute or by the rules and regulations of the State Board of Education, and for this reason the orders forwarded by 'the County Superintendent will not be approved. June I, i9'3- REDUCTION OF SALARY OF A TRUANT OFFICER. In the Matter of John F. Hall, Appellant, vs. The Board of Education of Atlantic City, Respondent. Babcock & Champion, for the Appellant. James H. Hayes, Jr., for the Respondent. [Decision of the Commissioner of Education.] The Appellant is employed by the Respondent as a truant officer. He was first appointed on September I, 19 10, at a salary of seventy dollars per month. The following year his salary was increased to eighty-five dollars per month, and continued at that amount until October, 1912. On October 2, 1912, D. F. McDonald presented to the Respondent the following charge against the Appellant. SCHOOL LAW DECISIONS. 323 "To the Board of Education of Atlantic City: I desire to prefer the following charge against John F. Hall, truant officer of the City of Atlantic City, that the services he is rendering to the Board of Education of At- lantic City are not commensurate with the salary received by said truant officer, said salary being too high." On the 16th of October, 1912, -the Respondent held a hearing on the above complaint, and, at a later date, sustained the charge and adopted a resolution reducing the salary of the Appellant to sixty-five dollars per month. I't is from this action that the appeal is taken. Chapter 275, P. L. 191 1, provides that "the services of all truant officers of the public schools in any school district in any city of the State shall be, during good behavior and efficiency, after the expiration of a period of employ- ment of one year in said school district." It also provides that "no truant offi- cer shall be dismissed or subjected to a reduction of salary except for ineffi- ciency, conduct 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." No charge of "inefficiency or conduct unbecoming an officer" was made against the Appellant, and the charge, therefore, must be considered as having been made for "other just cause." The testimony shows that, prior to the beginning of the present school year some of the truant officers had charge of two schools and others had charge of three or four ; that the Respondent at the beginning of the year appointed an additional officer and re-adjusted the work so as to give each officer super- vision of about the same number of children. Such re-adjustment is assigned as the "just cause" for reducing the salary of the Appellant. The Complainant, who is also Chairman of the Committee of the Board of Education having charge of the truant officers, testified in part as follows : Q. And you think that because their districts have been cut down their services have been cut down, is that the idea? A. We think each one having two schools can give more efficiency. Q. You say that is the reason, they don't have as extended services now because they have less district? A. The 'Committee felt as if they would give us better results. Often at the meetings they would say "well, now, we didn't see such and such a man, he wasn't at home, or such and such a man, but we will go there tomorrow, and this girl we couldn't find. Now, the com- mittee felt as if we could get better results by having two schools. Now, Mr. Burger had to go all the way from Michigan Avenue all the way to Jackson, covering four schools. Now that was entirely too much work for one man." Q. Has this change in the districting affected the amount of services these persons are required to render? A. We thought they would give us better services by having only two schools. Surely the rendering of more efficient service cannot be considered as "just cause" for reducing officer's compensation. 324 SCHOOL LAW DECISIONS. Relieving a truant officer of a part of his duties is not "just cause" for reducing his salary. To adopt such an interpretation of the law would make it possible for a Board of Education to defeat the intent of the law by reduc- ing his salary below a living wage, thereby forcing him to resign. The resolution adopted by the Respondent reducing the salary of the Ap- pellant is a violation of the statute, and is, therefore, null and void. June 13, IL- LEGALITY OF DISTRICT SCHOOL MEETING. A. T. Huser, Appellant, vs. The Board of Education of the Town- ship of North Bergen, Respondent. A. T. Huser, for himself. Francis H. McCauley, for the Respondent. [Decision of the Commissioner of Education.] In the complaint in this case, in a number of allegations as to the meet- ing of March 18th, the question as to the election of the members of the Board of Education, was dismissed. The complainant admitted that he could no - t prove the proposition. There is nothing in the testimony to show that there was any action a't the district meeting of March 18th which would tend to invalidate "the vote on the bond issue. The only claim is, that the room was small and that it was difficult for persons to mark 'their ballots. While it is wise to provide ample opportunity for all persons to exer- cise the franchise conveniently, there is nothing in the law which prescribes any duty on the part of the Board of Education except to select a place where the meeting shall be held. As a matter of fact, a Board of Education is under no obligation to prepare a ballot. It is done purely as a mal'ter or conveni- ence, and very properly so, but the law does not recognize any special form of ballot. The only point to be considered then, is as to whether or not the post- ing of 'the notices, calling the meeting, was legal. Of course, unless the Dis- trict Clerk was duly authorized to insert in the notices the items relating to the bond issue, he could not legally insert them in the notices, and any further action relating to the issue of bonds would be illegal. The evidence produced on the part of the complainant in this case, on this point, is 'to the effect that he, the complainant, did not hear anything said at the meeting of February 27th, with relation 'to the bond issue. My impression is, he also stated that possibly nothing was said. The only other witness, Mr. Daly, a member of the Board of Education, was not positive as to the date on which he testified, and his tes- timony was to 'the effect that, as far as he could remember, nothing was said about the bond issue. On the other hand, the District Clerk testified that he, himself, offered certain resolutions which appear in the minutes of 'the meeting of the Board SCHOOL LAW DECISIONS. 325 of Education. His testimony is supported by that of other members of the Board of Education, who were present at the meeting. I find, therefore, that there is nt infirmity in the bonding proceedings by reason of failure on the part of the Board of Education to authorize the Clerk to insert the bonding items in the notices. The appeal is dismissed. June 16, 1913. TRANSPORTATION OF PUPILS. William L. Foose, Appellant, vs. The Board of Education of the Town- ship of Holland, in the County of Hunterdon, Respondent. O. D. McConnell, for the Appellant. H. J. Able, for the Respondent. [Decision of the Commissioner of Education.] The petition in this case charges that the Respondent has neglected and refused to provide proper school facilities and accommodations for the daugh- ter of the Appellant, as required by law, in that it has not provided transporta- tion for said daughter from her home to the railroad station at Bloomsbury. Section i of Chapter 123 of the Laws of 1907 reads in part as follows: "Each school district shall provide suitable school facilities and accom- modations for all children residing in the district and desiring to attend the public schools therein. Such facilities and accommodations shall include proper school buildings, together with furniture 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 accomodations may be provided either in schools within the district convenient of access to the pupils or as provided in sections 117, 118 and 119 of the act to which this act is an amendment." Section 119 authorizes a board of education to send a child who has com- pleted the course of study pursued in the schools in the district in which he or she resides to a school of a higher grade in another district, and pay a tuition fee. Sections 117 and 118 authorize a board of education to provide transportation for a pupil living remote from the school it is required to attend. It is mandatory upon a board of education to provide suitable facilities and accommodations for all pupils between the ages of five and twenty years, but it is discretionary whether they shall be provided in schools within the dis- trict convenient of access to the pupils or by transportation to a school in an- other district. To comply with this requirement of the law, a district must, in addition to school houses or transportation, provide a course of study cover- ing a period of at least twelve years, divided into three grades, commonly known as primary, grammar and high school grades. The School District of the Town- 326 SCHOOL LAW DECISIONS. ship of Holland provides in the schools within the district courses covering the primary and grammar grades, and provides for the education of pupils who reside in the district and who have completed the grammar grade, by send- ing them to high schools in other districts. In August, 1012, the Appellant requested the Respondent to make pro- vision for the high school education of his daughter, she having completed the grammar school course. When the Appellant presented his request he asked that the Respondent provide proper transportation for his daughter between her home and the High School. The Respondent expressed its willingness to pay carfare, but refused to make any provision for transportation between the home of the Appellant and the station at Bloomsbury. After repeated requests by the Appellant for transportation to Blooms- bury, the Respondent, in December, 19 12, offered to pay him the sum of one hundred dollars for the transportation of his daughter to Bloomsbury, during the school year of 1912-13. This, he refused to accept and demanded that he be paid the sum of two hundred dollars. The Appellant has transported his daughter between his home in Blooms- bury every day she attended the high school at High Fridge, except a few days when she walked, and has not received any compensation from the Re- spondent. The questions to be determined are: 1. Is transportation between the home of the Appellant and Bloomsbury, necessary? 2. Is the amount demanded by the Appellant just and reasonable ? 3. Has the Appellant a claim against the Respondent for services rendered? "1. Is transportation between the home of the Appellant and Bloomsbury, necessary?" It is impossible to fix any definite distance within which transportation is unnecessary, and beyond which it must be provided. The age and sex of the pupil, the condition of the roads, the distance, and, when part of the transporta- tion is by car, the time of departure and arrival of trains, are all factors in determining the necessity for transportation. The Appellant lives nearly four miles from the railroad station at Blooms- bury, on what is known as Musconetcong Mountain. The road bed is rough and in poor condition. The daughter of the Appellant was thirteen years of age in November, 1912. I am of the opinion that, under these conditions, the Board of Education is not providing suitable school facilities and accommo- dations when it refuses to transport the child between her home and the rail- road station. "2. Is the amount demanded by the Appellant just and reasonable?" The charge of one dollar per day for providing a horse, carriage and driver, for two round trips, over a rough mountain road, the total distance traveled per day being nearly sixteen miles, cannot, by any stretch of the SCHOOL LAW DECISIONS. 327 imagination, be deemed to be an unjust or unreasonable compensation. The amount offered by the Respondent, one hundred dollars, or about fifty cents per day, is an entirely inadequate compensation. "3. Has the Appellant a claim against the Respondent for services rendered t" Chapter 144 of the Laws of 1909, provides that "Every parent, guardian or other person having control of a child between the ages of seven and seven- teen years inclusive shall cause such child to regularly attend a day school in which at least the common school branches of reading, writing, arithmetic, spelling, English grammar 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 Education), and in addition thereto is regu- larly and lawfully employed in some useful occupation or service. Such regu- lar attendance shall be during all the days 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 Board of Education 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 such child be under the age of seventeen years and has completed the grammar school course and is not regularly and lawfully employed in any useful occupation or service, such child shall attend the high school or manual-training school in said school dis- trict 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-train- ing school as provided in the act to which this is an amendment." Chapter 221 of the Laws of 19 13 is a revision of 'the compulsory attend- ance law, but the provisions relating to the duty of a parent remain practically the same as in the section above quoted. The Appellant was, therefore, com- pelled to make every reasonable effort to send his daughter to school or run the risk of prosecution as a disorderly person, under the provisions of Sec- tion 154 of the General School Law. The testimony shows that he made re- peated demands upon the Respondent for suitable school facilities and- accom- modations for his daughter, and "that the Respondent neglected and refused to provide them. He, therefore, in order that his daughter should not be de- prived of an education, and in compliance with the law compelling him to send her to school, had her transported between his home and the railroad station at Bloomsbury. I am of the opinion that had the Appellant furnished this trans- portation without first having demanded 'that the Respondent perform its duty, he would not be entitled to any compensation, for the reason that a Board of Education cannot be held responsible for any expense incurred without i'ts knowl- edge or consent. In this case, however, the Appellant made every effort to induce the Respondent to comply with the law, and the Respondent cannot now evade payment of just compensation on the ground that it has never consented to reimburse the Appellant for expenses incurred in transporting his daughter. In fact, the Respondent admitted that it was indebted to him when it offered to pay him one hundred dollars. If the compensation offered by the Respondent had been adequate, the Appellant could have refused to accept it, for the duty of providing transporta- tion rests in the Board of Education and not on the parent. The Appellant in- 32S SCHOOL LAW DECISIONS. formed the Respondent that he would not accept less than one dollar per day. If the Respondent deemed that an unreasonable charge, it should have made a contract with some other person to transport the child. The Respondent made no attempt to comply with the law, except the offer of one hundred dollars, and this offer was not made until the County Superintendent of Schools stated that the district was in danger of having its State School Moneys withheld. Mr. Foose testified in part as follows: Q. What did they (the Board of Education) say with reference to transporting your daughter from your house to- the station? A. They wouldn't do it unless they had to. Q. Who said that, Mr. Apgar? A. Yes, sir. Q. What is his name? A. Mr. Sylvanus Apgar. Q. Will you tell ivhat Mr. Apgar said? A. Well, that's about all he said, they knew they had to trans- port her, but they weren't going to until they had to. Mr. Apgar is a member of the Board of Education, and in his testimony admitted that they were a "little slow" in the matter. If a Board of Education can ignore applications from parents, for proper transportation for their children, and can neglect and refuse to provide suitable school facilities and accommodations for pupils, and then refuse to reimburse a parent for expenses incurred in sending his child to school, on the ground that it had never made any contract with him, it is possible for it either to deprive a child of an education, or to cast upon a parent a burden which the law places on the Board of Education. I find that the daughter of the Appellant is entitled to transportation at the expense of the district, from her home to High Bridge, and that the Ap- pellant is entitled to receive from the Respondent the sum of two hundred dollars for expenses incurred by him in transporting his daughter between his home and the railroad station. July i, 1913- TRANSPORTATION OF PUPILS. George Becker, Appellant, vs. The .Board of Education of the Town- ship of Holland, in the County of Hunterdon, Respondent. O. D. McConnell, for the Appellant. H. J. Able, for the Respondent. SCHOOL LAW DECISIONS. 329 The petition in this case charges that the Respondent has neglected and refused to provide proper school facilities and accommodations for the son of the Appellant, as required by law, in that it has not provided transportation for said son from his home to the railroad station, either at Bloomsbury or Ken- nedy. At the beginning of the school year of 1912-13 the Appellant requested the Respondent to make provision for the high school education of his son. In response to said request, the Respondent designated the High School at Phillips- burg, and said son has attended said High School during the current year. The Appellant also requested that transportation for his son be provided, and the Respondent agreed to pay the railroad fare, but refused to pay for trans- portation between his home and the railroad station. Later, the Respondent offered to pay forty dollars for such transportation, for the school year 19 12-13, which offer the Appellant refused, and demanded the sum of two hundred dollars. The son of the Appellant is over fifteen years of age, has completed the grammar school course and is not regularly employed in any useful occupation or service. His home is about four miles from the railroad station at Blooms- bury, and about four and one-quarter miles from the railroad station at Ken- nedy. The questions raised in this case are the same as those in the case of Foose vs. The Board of Education of Holland Township, decided this day, and, lor the reasons stated in the decision in that case, I find that the son of the Appellant is entitled to transportation at the expense of the district, from his home to Phillipsburg, and that the Appellant is entitled to receive from the Respondent the sum of two hundred dollars, for expenses incurred by him in transporting his son between his home and the" railroad station. July 1, 1913- DISCHARGE OF SUPERVISING PRINCIPAL— TENURE OF SERVICE ACT. Hower T. Marsteller, Appellant, vs. The Board of Education of Pleasant- ville, Respondent. Arthur F. Egner, for the Appellant. B'abcock & Champion, and John W. Westcott, for the Respondent. [Decision of the Commissioner of Education.] The Appellant was Supervising Principal in the School District of the Borough of Pleasantville, and was protected by the provisions of Chapter 243 of the laws of 1909, commonly known as the Teachers' Tenure of Service Act. Certain charges were preferred against him in accordance with the pro- visions of said act and after a hearing by the Respondent, he was found guilty and discharged from his position as Supervising Principal. In the decision rendered by the Respondent no mention is made of certain of the charges, and it must be presumed, therefore, that the Appellant, so far as said charges are concerned, was acquitted. 330 SCHOOL LAW DECISIONS. The charges which the Respondent found to be true in fact were : "That the said Hower T. Marsteller in the performance of his duties and obligations in the office of Supervising Principal is inefficient." "That the said Hower T. Marsteller during his incumbency in the said office of Supervising Principal of the schools of the said Borough of Pleasant- ville, has been guilty of conduct unbecoming to and beneath the dignity of the conduct of the office of Supervising Principal of the schools of the Borough of Pleasantville. among other things, as follows:" "That on or about the nth day of October, 1909, said Marsteller, with- out the knowledge, authority or consent of Harry Helfrich, Chairman of the Book and Supply Committee of the Board of Education of Pleasantville, and without the knowledge, authority or consent of the Board of Education, did sign the name of Harry Helfrich to a certain order directed to Hinds, Noble & Eldridge, 31-33 West 15th St., New York City, ordering for the said Borough certain class books." "That the said Marsteller on or about May 9, 191 1, visited Harry Helfrich at his store, on Main Avenue, in the Borough of Pleasantville and said to said Helfrich that if he (Helfrich) did not vote against a certain resolution proposed to be offered for passage at a meeting of the Board of Education to be held on said May 9th, which said resolution was reported to be of the effect of dismissing said Marsteller from the employ of the said Board of Education as Supervising Principal, he would ruin the reputation of said Helfrich and disgrace his family and do all he could against him." "That the said Marsteller interfered with the business of the Board of Education by taking a bill for supplies sent to the Board of Education which was in the possession of the Board of Education, without leave or authority of the Board of Education ; that he afterwards admitted on or about December 10. 1912, in the presence of witnesses that he had stolen the bill." "That the said Marsteller paid to E. P. Wilson of Pleasantville various sums of money with the instruction to use said money for the purpose of purchasing votes for the election of Wilbur Reed as a member of the Board of Education." "That the said Wilson testified to said fact in the presence of William Connelly, Mark Sanders, Harry Helfrich and John F. Stephenson." "That the said Marsteller through the medium of the Pennsylvania Rail- road Company intimidated Wilbur Reed while he was a member of the Board of Education of Pleasantville, in the following manner, to wit:" "That said Marsteller caused Superintendent Lovell and another official of the Pennsylvania Railroad Company to call up and talk to Wilbur Reed on the telephone and that the said Lovell and said official advised said Reed that if he attended the meeting of the Board of Education to be held May 17, 1909, and did not vote for said Marsteller as Supervising Principal, h« would lose his position with said company, whereupon said Reed said to said Lovell and said official, 'I will neither vote for Marsteller or lose my job ; I will stay away.' That said Wilbur Reed was not present at said meeting. That said Marsteller prior to said meeting called upon Mr. Hugh Collins and advised him that he had "fixed" Reed and Nelson and requested said Collins to vote for him." In order to warrant the discharge of a teacher or principal on the general charge of inefficiency it must be clearly proven that the unsatisfactory con- SCHOOL LAW DECISIONS. 331 dition of the class or school is due to the inability of the teacher or principal, against whom charges are preferred, to impart instruction, maintain discipline, and work in harmony with the Board of Education by whom he is employed and with the teachers with whom he is associated. Mr. Marsteller has been employed in the schools in Pleasantville for eleven years, and during nearly all the time as Supervising Principal. The evidence shows that, prior to 1909, the schools were in a satisfactory condition, and that there was no marked friction between Mr. Marsteller and the Board of Education or with the teachers under his supervision. It is very evident that the schools in Pleasantville are not, at the present time, in as high a state of efficiency as they were prior to 1009, but it it not at all clear that the deterioration is due entirely to Mr. Marsteller. From May, 1912, until January, 1913, Mr. Marsteller did not have supervi- sion of any of the schools, and for several months prior to May, 19 12, his supervision was nominal. The controversy over his position undoubtedly was one of the causes which led to the unsatisfactory condition of the schools, but there is nothing in the evidence which warrants the conclusion that the conditions now existing are due to his inefficiency. The specific charges against Mr. Marsteller come under the head of "conduct unbecoming a teacher or other just cause." After a careful consideration of these charges and the evidence submitted in support of them, I have reached the conclusion that they are not sufficient to warrant the dismissal of the Appellant. The charges are dismissed, and the action of the Respondent in discharging Mr. Marsteller is null and void. Aug. 28, 1913. SUITABILITY OF CERTAIN PLOT FOR SCHOOL PURPOSES. The Common Council of the City or Lambertville, Appellant, vs. The Board of Education of the City of Lambertville, Respondent. Walter F. Hayhurst, George H. Large and L. H. Sargeant, for the Appellant. W. Holt Apgar, for the Respondent. [Decision of the Commissioner of Education.] The Appellant prays that the plot of ground selected by the Respondent as a site for a school house, be declared unsuitable for such purpose, assigning, as a reason, that it will be impossible to provide an adequate and sanitary method of disposing of the sewage. The law gives to a Board of Education, acting under the provisions of Article VI of the School Law, power to select the plot on which a school house shall be erected. Section 126 of the School Law provides that the County Superintendent of Schools may, with the approval of the Commissioner of Education, withhold. 332 SCHOOL LAW DECISIONS. from any district in this County, the moneys apportioned by him, to such district, whenever it fails to provide suitable school facilities and accommodations. I cannot agree with the Counsel for the Respondent in his construction of Paragraph 3 of Section 25 of the School Caw. To limit the County Superin- tendent in giving advice to a Board of Education, respecting the school property under its care, to the "construction, heating, ventilating and lighting of school houses," is to place a narrow construction on the Section, which is not warranted by the context. The language above quoted applies more particularly to new buildings which the Board proposes to erect. The paragraph gives to the County Superintendent, '"general supervision over the public schools," and directs that he shall "note the condition of school houses, sites, buildings and appurten- ances." If he finds any defects, it is his duty to call the attention of the Board to them in order that they may be rectified. The action of the County Superintendent, in the case under consideration, was, in my opinion, taken under Section 126, and not under paragraph 3 of Section 25. If Section 126 be constructed strictly, ths decision of the County Super- intendent was premature. It would, however, be improper for him to permit a Board of Education to purchase a plot of ground which later he would feel compelled to condemn as unsuitable. The County Superintendent was. there- fore, justified in giving a decision, and acted in accordance with the intent of the law. The Counsel for the Respondent also denies the jurisdiction of the Com- missioner of Education. The reasons which justified the County Superintendent in taking action are equally controlling on the Commissioner of Education. The only question to be decided, therefore, is. — Is the plot selected by the Board of Education of Lambertville, as a site for school house, unsuitable for such purpose, within the meaning of Section 126 of the School Law? The location of Lambertville is almost unique. The thickly settled part of the City is on a plain, the highest point of which is barely fifteen feet above high water mark. The street, in front of the plot under consideration, is 12.45 feet above high water mark, or only 2.55 feet below the highest point. The plans show that the basement level of the proposed school house is two feet below the level of the street, and that the floor line of the toilets is three feet above the street level. Unless, therefore, there is some condition peculiar to this plot, the objection to its use for school purposes would apply with equal force to almost any other plot below the hill. There is testimony to the effect that part of the land is low and wet. and that years ago it was used as a skating pond. The testimony of Mr. Arnett, a witness produced by the Appellant, shows (see page 2q) that this applied only to the rear half of the lot, and that the front was tillable. Cesspools are universally used in Lambertville. and the testimony shows that cesspools located directly opposite this plot have been entirely satisfactory. The Appellant urges that locating the school house on this plot may create a nuisance, by reason of the sewage seeping into the creek. Houses are located on the east side of Main Street, south of this plot, but there is no evidence that the cesspools connected with them have created any nuisance. The evidence shows that the disposal of sewage in Lambertville is a very difficult nroblem, and that if a school house is erected on the proposed plot, more than ordinary care must be taken in providing for the disposal of the sewage. It does not appear, however, that the difficulties are insuperable. SCHOOL LAW DECISIONS. 333 The appeal is dismissed. Sept. 23, 1913. (Decision affirmed by the State Board of Education September 12, 1914.) DISCHARGE OF SUPERVISING PRINCIPAL— TENURE OF SERVICE ACT. Russell M. Fitch, Appellant, vs. The Board of Education' of South Amboy, Respondent. Thomas Brown, for the Appellant. Samuel Schleimer, for the Respondent. [Decision of the Commissioner of Education.] The Appellant ha3 been the Supervising Principal of the Schools under the control of the Respondent for more than three years, and is, theretore, protected by the provisions of Chapter 243 of the laws of 1900, commonly known as "The Teachers' Tenure of Service Act," and is liable to dismissal only for "inefficiency, incapacity, conduct unbecoming a teacher, or other just cause", and, upon written charges, and after a hearing by the Board of Education, at which he may be represented by counsel. Charges of inefficiency were preferred against the Appellant, and, after a hearing, the Respondent found the charges to be true in fact, and there- upon adopted a resolution dismissing him from his position as Supervising Principal. From this action, he appeals, and prays that the action of the Respondent be declared null and void — 1st, Because the action taken was not in accordance with the the provisions of the Teachers' Tenure of Service Act, and 2d, Because the charge of inefficiency »/as not sustained by the evidence. The Tenure of Service Act provides, in part, as follows : "No principal or teacher shall be dismissed or subjected to re- duction of salary except for inefficiency, incapacity, conduct un- becoming a teacher or other just cause 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." It appears that written charges were filed against the Appellant, that a copy was served upon him, and that he received notice to appear, on a certain date, before a Committee of the Board of Education, at which time a hearing on the charges would be held. It also appears that he applied for, and was furnished with, blank subpoenas for such witnesses as he desired to have SCHOOL LAW DECISIONS. summoned, that lie appeared at the time and place stated in the notice, and that witnesses product: :: sustain the charges were cross-examined by his counsel. The - ? ; n othin g before me to show whether or not witnesses were produced in r thai any person - i to aprear and testify for him. It also e Committee is composed of all the members of the Board of Education that ail the members were present, and that the President of the Board pres: : c Vppd :-' asks that the action of the Board of Education in dis- m : og him he declared nuH and void, for the reason that the hearing was he!: before a Committee of the Board, and not before the Board itself, in : : on. In view of the fad that ail the members of the Board were present at me hearing and ~ ; rross-examined witnesses then present, and at the hearing bet': re me he had full opportunity to pre- -^" tnesses - I s behalf, and cross-examine those produced by the Respondent I am of the opinion that there was a substantia] compliance Act, and that his rights have not, in any wise, been jeof - careful study of all the evidence. I am of the opinion that the is teen ir in the discharge of his duties as Superivising Principal. TTm appe al is dismissed. October 13, 1913. [Decision of the State Board of Education.] Hi Fit pal in the employ of the Board of Educa- tion of South and protected by the provisions of the Teachers' Tenure of t. On or about the 2d of '.--.'.. 1913, written charges were preferred against him. On tl Apt he was notified that the Teachers' Committee would hold a Bear ng upon the 16th and he was requested to sub- -•" a list of a- s whose presence he desired, so that -ould be prepared. A trial was held, the Committee rendered a report, and the Board, on or about the 30th of April, unanimously adopted a resoluti ining the charges. The Board also unanimously resolved that Mr. Pit: would not be required after the close of the school year 19 12-10 13. Mr. Fitcn appealed to the Commissioner of Education, and evidence was ~ ' The record and briefs submitted to us aggregate about six hundred pages, and we have carefully examined same. The record does not - :de a trai of the proceedings on the trial before the Teachers' Com- m the record, however, we assume that substantially the same facts except^ ! relating to the defense of Mr. Fitch were brought out upon that trial as upon the hearing before the Commissioner. The Commissioner arious objections urged in behalf of Mr. Fitch and overruled same. With regard to the merits, he wrote : "After a careful study of all the evidence, I am of the opinion that the Appellant has been inefficient in the discharge of his duties as supervising principal." Tv. - e grounds are urged as reasons for the reversal of the determina- tion of the Commissioner and of the Board of Education of South Atnboy. SCHOOL LAW DECISIONS. 335 We have examined all. n which the most reliance 13 placed three-fold. First: That the w: rges were insuffic- Second : That the hearing si • I tion of South Amboy and not by any committee. Third: That the evidence failed to e- "r. Fitch *a- V.'e do not ur. ny claim is made that as to the mean: • - m. I: sarj that such charges should have been prepared wil precision of ai ment. In cur opinion, the charges were 5 them so apprised of the complair.ts z: be understood their r.::.::e and lid, if he so des in pare to me;- A reading of the irj - :i;srly shows that plaints ag - Mr. Fitch were, that there was do systt supervision or help to the U the schools were not up t: the standard and that they had been deterior.' og i tea over tl rs. The charges could perhaps have been drawn with greater ean- • . was quite clear. ?.nd to tl "3ge mir Mr. 7 was charged with inerficien : The second oh 1 strong 1 - a cd • t the I rii , was conducted by the Teachers' Committee and net I c Eer.rd of Educa- tion. The Commissioner carefully exam::-' this 1 we see r.o reason to differ from the coi sion reach: The Committee is corn- ed of all the member? of the Board of E A 1 the members of the Board were present at the he - ng and the t'e ; lent presided. Under circumstances we cannot see that the labelling of all the members »f the B' as a Teachers' C - "e. rather than as a Bo~rd. vitiated the proceedings The objection relates to the merits. In a woi charge against Mr. Fitch was - was a supervisor who did not su pe r v i se I - Board unanimously decided that the charge was susta _ e ; Upon a new he - ing before the Commissioner, he. also, was of the o - - t '■-• Mr Fitcn been inefficient in the - irge of his dot - sing principal. w r Fitch now urges that we should he convinced "beyond a preponderance of evidence" that he was inefficient and incapable. As we have today indicated in another case, it is jut m that we should not in te rfere wil de- termination of a local Board of Education nr.'.ess it appears ' I bs coi : sion was the result, not of honest judgment, but c- - n prejudice. The Tenure of Service Act provides that all charges shall be examined : " the local Board of Education, and that if such Board finds they are true in fact, the teacher may be dismissed. The Legislature has impos determining if the charges are true in fact upon the local Board. Where evidence against a teacher is clear, or where, if net entirely clear, there is room for an honest difference of opinion, we should not interfere with the determination of the local Board. To do so would mean that we could sub- stitute our judgment in place of its judgment, a substitution which, in rat opinion, would be unauthorized and contrary to the intention of the Leg lature. Where a Board unanimously decides that a su-erv : s : ng principal is inefficient and where the Commissioner after a very careful trial likewise : eludes that he is inefficient, we should be slew to interfere. From an examina- tion of the evidence, we cannot say that the conclusion that Mr. Pitch was inefficient was the result of passion or prejudice rather than of honest judgment 336 SCHOOL LAW DECISIONS. The decision of the Commissioner of Education is affirmed. January 3. 1014. APPROPRIATIONS IN CITY SCHOOL DISTRICTS. The Board of Education of the City of Bridgeton, Appellant, vs. The Common Council of the City op Bridgeton, Respondent. Jacob B. Jones, City Clerk, for the Appellant. George W. McCowan, Sec'y. Board of Education, for the Respondent. [Decision of the Commissioner of Education.] It appears that the Board of Education of the City of Bridgeton requested the Board of School Estimate to appropriate the sum of $75,000 for the pur- pose of erecting a new High School building in said city and that the Board of School Estimate appropriated said amount and certified its action to the Common Council, the body having the power to make appropriations of money raised by the tax in said city, on August 19, 1913. The said amount has not been raised and the Board of Education has applied to the Commissioner of Education for relief. It does net appear that there was any irregularity in the proceedings of the Board of Education or the Board of School Estimate, but the Common Council has neglected to provide the amount appropriated and has adopted a preamble and resolutions requesting certain information from the Board of Edu- cation. Said preamble and resolutions, read, in part, as follows : "Whereas, The City Council of the City of Bridgeton is vested with the power to make appropriations of money raised by tax, and is responsible for said appropriations when so made," "Resolved, That it is the opinion of the City Council of the City of L'ridgeton that, as the body responsible for the city finances and for the tax burdens placed upon the people, the City Council is entitled to have full and accurate knowledge of a situation which demands, in addition to the large annual school expenses, an appropriation of $75,ooo." It is evident from the above quotations that the City Council is mistaken as to its powers and duties wi'th reference to the public schools. It appears to be under the impression that the Board of Education is a department of the city government and, therefore, subject to the supervision of the City Council. There are two classes of school districts, known respectively as "City School Districts" and "Township, Incorporated Town and Borough School Dis- tricts." City School Districts are governed by the provisions contained in Ar- ticle VI of the School Law. SCHOOL LAW DECISIONS. 337 Bridgeton, being a City School District, is governed by the provisions of said Article, and the Board of Education is incorporated under section 45 of the School Law, and is a municipal corporation separate and distinct from the city government. The intent of the law to keep the finances of the School District entirely separate from those of the municipality in which the School District is situate is clearly shown in the provisions contained in section 185, which reads as follows : "Nothing in this article shall be construed as giving to the township committee, common council or o'ther governing body of any munici- pality 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 secretary of the board of education; any ordinance, by-law or resolution of a township committee, com- mon council or other governing body of any municipality attempting to control such moneys, or which shall, in any way, prevent the cus- todian of 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," and in section 246, which provides that school districts shall be governed solely by the provisions of the general school law. It is very evident from the above quotations that the Common Council has no control over school moneys, and that whatever powers and duties it has in relation to the public schools are such as are conferred or imposed upon it by the School Law. These powers and duties are found in sections 73, 75 and 76. Section 73 provides for the appointment of two members of the Common Council as mem- bers of the Board of School Estimate ; section 75 makes it mandatory upon the Common Council to raise the amount certified to it by the Board of School Estimate as necessary for the maintenance of the schools, and section 76 directs the Common Council 'to raise, either by direct tax or by the issue of bonds, the amount certified to it by the Board of School Estimate as necessary for the purchase of land for school purposes and for erecting, enlarging, repairing or furnishing school houses. In the case of The Town Council of Montclair vs. The Stats Superin- tendent, 47 Vr., 68, the Supreme Court held that "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 payment by the issue of bonds." The Board of Education and the Board of School Estimate having com- plied with all the requirements of the law, and the amount of the appropria- tion having been determined by the Board of School Estimate, the failure of the Board of Education to forward to the Common Council the information requested in the resolutions above referred to does not constitute a valid ex- cuse for the failure of the Common Council to perform the duty imposed upon it by section 76 of the School Law. 33S SCHOOL LAW DECISIONS. The Common Council has no power to increase or decrease the amount certified, the right to determine the amount necessary to be raised for school purposes being vested solely in the Board of School Estimate ; neither is it in any wise responsible for expenditure of school moneys. It is the duty, therefore, of the Respondent immediately to raise and place to the credit of the Appellant the sum of seventy-five thousand dollars for the erection of a high school building. Oct. 31, 1913- APPOINTMENT OF MEMBERS OF A BOARD OF EDUCATION. In the Matter of Philip Lasher and Arthur Briesen, Appellants, vs. The Board of Education of the Town- ship of Weehawken, Respondent. Francis H. McCauley, for the Appellants. William C. Asper, for the Respondent. [Decision of the Commissioner of Education.] Prior to 1910 the School District of the Township of Weehawken was governed by the provisions of Article VII of the School Law, and the mem- bers of the Board of Education were elected at the annual school meeting on the third Tuesday in March of each year. At the general election held in November, 1910, the legal voters accepted the provisions of Article VI. The method of the selection of members of the Board of Education remained the same, by virtue of Section 40 of the School Law, which provided that until the legal voters had adopted one of the methods prescribed in Sections 38 and 39, the members of the Board of Education in a district accepting the provisions of Article VI should be selected as theretofore. The School District of the Township of Weehawken never adopted the provisions of either Section 38 or Section 39. At the annual meeting on the third Tuesday in March, 1910, the petitioners and one Thomas F. Stanley were elected members of the Board of Education of the School District of the Township of Weehawken for a term of three years from the first Monday in April then next ensuing, and at the annual meeting in March, 191 1, Henry Ritter, William O'Hara and John Koeling were elected members of said Board for a like term. Chapter 233, Laws of 191 1, provided that the members of the Boards of Education in all districts governed by Article VI should be appointed by the mayors of the several municipalities in which the school districts were situate, and legislated out of office, on January 31, 1912, all members of Boards of Edu- cation in such districts who were then in office. This act was declared, by the Supreme Court, to be unconstitutional, in the case of Sheridan vs. Lankering, 83 Atl. 641. Chapter 370, Laws of 1912, provides for the appointment of members of Boards of Education in districts governed by Article VI and also provides SCHOOL LAW DECISIONS. 339 that members of such boards in office at the time of the passage of the act shall serve until the first day of February next succeeding the date on which their terms would otherwise expire. In January, 1912, 'the mayor of Weehawken appointed nine persons as members of the Board of Education, in accordance with the provisions of Chapter 233 of the Laws of 191 1, and on December 30, 1912, he again appointed nine persons as members of said Board. In the case of Koven vs. Stanley et al., decided May 31, 1913, the Su- preme Court declared that all the appointments by the mayor were null and void, but held that Stanley, Ritter and O'Hara, who were defendants by virtue of their appointment by 'the mayor, were members of the Board of Education by virtue of their election. The other defendants appointed by the mayor, but who had not been elected, were ousted by order of the Court. Justice Swayze, in his decision, says "The case, as presented to me, does not raise the question, who are the remaining members of the Board. The re- lator files his information as a citizen and not as a claimant to the office. The only question I can lawfully decide on this record is the right of the defend- ants as set forth in their answers." The petitioners in this case had not been appointed by the mayor and were not made defendants in the case decided by Justice Swayze. The petitioners were elected as members of the Board of Education of the School District of the Township of Weehawken at the same time and in the same manner as Thomas Stanley, who was declared by the Supreme Court to be a member of said Board by virtue of his election. The petitioners are legal members of said Board and entitled to act as such. The answer filed in this case denies the jurisdiction of the Commissioner of Education. The Supreme Court held, in Jefferson vs. Board of Education, 35 Vr., 59, and Van Buren vs. Albertson, 25 Vr., 73, that a dispute as to membership in a Board of Education was a controversy arising under the School Law, and within the jurisdiction of the Commissioner. It is true that the case of Koven vs. Stan- ley was decided by the Court without first having been considered by the Com- missioner of Education, but this case was a quo warranto for the purpose of ousting certain persons claiming to be members of the Board of Education. As the Commissioner of Education cannot oust a member of a Board of Educa- tion, no useful purpose would have been served by first submitting the matter for his consideration. The case of the petitioners is entirely different, for the reason that they do not claim positions now held by other persons. The question as to whether or not the Appellants are members of the Board of Education of the Township of Weehawken is a controversy arising under the School Law and is, there- fore, wi'thin the jurisdiction of the Commissioner of Education. The Respondent claims that the Appellants never took and filed their oaths of office in the manner and form prescribed by law, and, therefore, that they are not legally qualified members of the Board of Education. It is ad- mitted that they did take an oath of office and that they acted as members of the Board of Education from the first Monday in April, 1910, until the first day of February, 19 12. The Appellants are, therefore, de facto, if not ds jure, members of the Board of Education. The Respondent also claims that the Appellants are guilty of laches in that they took no steps to assert their rights as members of the Board of Educa- tion, from February i, 1912, until July 5, I9'3- 340 SCHOOL LAW DECISIONS. I am of the opinion that the fact that the Appellants assumed that Chapter 233 of the Laws of 191 1 was constitutional, and that they did not attempt to act as members of the Board of Education until after said act had been de- clared, by the Court, to be unconstitutional, did not constitute a surrender or abandonment of their offices, and that they have used reasonable diligence in vindicating their rights as members of the Board of Education. Jan. 29, 1914. Affirmed by the State Board of Education, May 2, 19 14. IN THE MATTER OF THE APPOINTMENTS OF MEMBERS OF THE BOARD OF EDUCATION, JERSEY CITY. John J. Ferris, et al., vs. Jerome O'Keefe, et al., Appellants, Respondents. [Decision of the Commissioner of Education.] Mayor Fagan appointed three persons as members of the Board of Educa- tion of Jersey City, to take office on February 1st, and the Commissioners of Jersey City, claiming the right to make such appointments to the Board of Edu- cation, also appointed three persons as members of said Board. Chapter 370 of the laws of 1912 provides that members of the Board of Education in a city school district shall be "appointed by the mayor or other chief executive officer." The Commission government law provides that one of the members of the Commission shall be designated as mayor, and it further provides that "the system of public instruction in any city adopting the pro- visions of this act shall in no way be affected by this act." While the territory contained in a school district is the same as that of the municipality in which the school district is situate, the school district and the city are separate and distinct municipal corporations and no act of the Legis- lature which applies only to the government of the city can be construed as applying to the school district. The school district of Jersey City is governed solely by the provisions con- tained in the general school law, and the method of selecting members of the Board of Education can be determined only by the provisions contained in the School Law. The School Law provides that the appointment of members of the Board of Education shall be made by the mayor or other chief executive officer of the city and the power conferred is not conferred upon him as mayor but by special designation in the School Law. In other words, the Legislature could have designated any other person to perform this duty. The fact that appointments to positions under the city government are to be made by the Commission and not by the Mayor does not affect the appointment of mem- bers of the Board of Education, because the members of the Board of Education are not city officials and, therefore, are not in any wise controlled by the city charter. I am clearly of the opinion that the appointment of members of the Board of Education must be made by the person designated for such purpose by the School Law, namely, the mayor or other chief executive officer of the munici- pality and not the Commission. SCHOOL LAW DECISIONS. 341 It is true that the amendment of 19 13 to the Walsh act provides that all administrative, judicial and Legislative powers and duties are conferred upon the Commission, and that said act was passed subsequent to the act under which the power to appoint members of the Board of Education is given to the mayor, and if there were any conflict the amendment to the Walsh act would necessarily control. I am of the opinion that there is no such conflict for the reason that the Walsh act applies only to city officials and, as stated above, the school district is a separate and distinct municipal corporation and the mem- bers of the Board of Education are not city officials, and, therefore, the amend- ment of 19 13 to the Walsh act cannot in any wise apply to their appointments. February 4, 1014- Affirmed by the State Board of Education April 4, 19 14. BREACH OF CONTRACT. Eugene Ciccarelli, Appellant, vs. The Board of Education of the City of Hoboken, Respondent. Merrit Lane for the Appellant. John J. Fallon for the Respondent. [Decision of the Commissioner of Education.] The petition in this case sets forth that the Appellant entered into a written contract with the Respondent, and that in accordance with the terms of said contract the Appellant prepared plans and specifications for a new school build- ing, to be known as School Number One, which plans and specifications were later accepted by the Respondent ; that a contract for the erection of a building, in accordance with said plans and specifications was awarded by the Respondent, and that certain work was done on said building, but before the building was completed, the Respondent, by resolution, discarded the plans and specifications prepared by the Appellant, and engaged another architect to prepare plans and specifications Tor said School Number One. The Appellant claims that by the adoption of said resolution he has been illegally deprived of the sum which would have been due him had the build- ing been erected in accordance with the plans and specifications prepared by him, and he prays that an order may be issued directing the Respondent to pay him the amount due him, and damages for breach of his contract. I am of the opinion that if the Appellant has suffered any damage by the action of the Respondent, it is by reason of a violation of the terms of his contract, and that the action of the Respondent in discarding the plans and specifications prepared by, the Appellant is not a controversy or dispute arising under the school laws, and that the Commissioner of Education is, therefore, without jurisdiction in the premises. The appeal is dismissed. February 6, 19 14. Affirmed by the State Board of Education April 4, 1914, 342 SCHOOL LAW DECISIONS. DISCHARGE OF TEACHER. Laura C. Welch Appellant, vs. The Board of Education of West Orange, Respondent. Laura C. Welch, pro se. Simeon H. Rollinson for the Respondent. [Decision of the Commissioner of Education. 1 The Appellant, prior to April, 1913, had taught continuously in the schools under the control of the Respondent for more than three years, and was, there- fore, protected by the provisions of Chapter 243 of the Laws of 1909, com- monly known as the "Teachers' Tenure of Service Act." She claims that she was principal of the St. Cloud School and that the action of the Respondent, on June 9, 191 3, transferring her to a position as teacher in the St. Mark's School was in violation of the provisions of said act, as interpreted by the Court in the case of Davis vs. Board of Education of the Township of Overpeck. She also claims that the action of the Respondent, on September 18, 1913, in discharging her from its service, was contrary to law, and she further claims that she has not been paid the full amount of salary due her for the school year of 1912-13. If the Appellant was employed as a Principal, the action of the Respondent transferring her to a grade position in the St. Mark's School was illegal. Section 182 of the School Law provides that the County Superintendent of Schools shall apportion to a district the sum of $400.00 for each principal em- ployed, and the sum of $200.00 for each teacher, except certain high school teachers. The evidence shows that $200.00 was apportioned to the district of West Orange for Miss Welch. The Supervising Principal and the District Clerk both testified that Miss Welch was a teacher and not a principal, and Miss Welch testified that all the time the school was in session she was occupied in teaching. A principal of a school is a person who devotes all or nearly all his time to supervising the work of the classes in his building, and very little, if any, time to class teaching. Miss Welch was a teacher and not a principal, and, therefore, could legally be transferred to another position. Was her transfer from the St. Cloud School to the St. Mark's School made in the manner prescribed by the Statute? Section 88 of the School Law prescribes that "no teacher shall be appointed, transferred or dismissed except by a majority vote of the whole number of the members of the Board of Education." The Board of Education of West Orange is composed of five members, and the minutes of the meeting of the Board, of June 9, 1913, at which meeting the resolution transferring Miss Welch was adopted, show that four members were present. The minutes do not show how each member voted on this resolution, but the District Clerk testified that the vote in favor of the adop- tion of the resolution was unanimous. I am of the opinion that the transfer of Miss Welch was legally made. The Supervising Principal, under date of September 8, 1013, preferred charges of insubordination against the Appellant, and she was notified to appear SCHOOL LAW DECISIONS. 343 before the Respondent on September 18, 1913, to answer said charges. The notice served upon the Appellant did not state on what ground the charge of insubordination was based. The Appellant, however, waived any rights she may have had by reason of any defect in the notice served upon her, by appearing at the hearing on September iSth, and failing to enter any protest. The failure of the Appellant to take charge of the class in the St. Mark's School, to which she had been assigned, and her action at the opening of the St. Cloud School sustain the charge of insubordination preferred against her, and justified the action of the Respondent in dismissing her. The claim of the Appellant that she has not received the full amount of salary due her is not properly before me. Having taken the case to the District Court, and the case having been tried in said court on its merits, she is bound by its decision until said decision is reversed by a court having jurisdiction in appeals from district courts. The appeal is dismissed. February 13, 19 14. [Decision of the State Board of Education.] This is an appeal by Miss Laura C. Welch from a decision of the Com- missioner of Education to the effect that her transfer from the St. Cloud to another school in West Orange was legal and 'that her subsequent dismissal for insubordination was justified and in accordance with law. The charge of insubordination was predicated upon the fact that Miss Welch refused to obey the order transferring her, and endeavored, in defiance of the school authorities, 'to keep her position in the St. Cloud school so that it became necessary for them to appeal to the police authorities for assistance. Her reason for such action was and is that she was principal of the St. Cloud school, a two-room building, and 'that the attempt to assign her to teach a class in another school was a demotion equivalent to a dismissal from the position of principal, and contrary to the provisions of the Teachers' Tenure of Service Act. • That Miss Welch was guilty of insubordination if her transfer was legal is conceded. In fact, it admits of no question. She maintains that when she came within the provisions of the Tenure of Service Act, she was a principal and that her transfer to teach in another school was a reduction in rank and unlawful. The Act provides that : — "The service of all teachers, principals, supervising principals of the public schools in any school district of this State shall be during good behavior and efficiency*, after the expiration of a period of em- ployment of three consecutive years in that district." Miss Welch's third year of service in the West Orange Schools terminated with the school year 1909-1910. If she was employed after the expiration of such school year, she came automatically under the protection of the Tenure of Service Act. She was thereafter employed, and it is, 'therefore, important to ascertain in what capacity she was engaged to serve. That fact is clear. On the 4th of May, 1910, a written contract was entered into between the Board of Education of the Town of West Orange and Miss Welch, wherein and whereby the Board employed "Laura C. Welch to teach in the West Orange Public Schools" for one year from the 6th day of September, 1910, at a salary of $775.oo, and wherein and whereby Miss Welch accepted "the employment 34-; SCHOOL LAW DECISIONS. aforesaid, and undertakes that she will faithfully do and perform her duty under the employment aforesaid." Miss Welch was then serving in the St. Cloud school, and continued in it without change in her duties down to the time of her transfer. She insists that notwithstanding her contract she was held forth to the public as a principal. In a suit between an employer and a third party, the apparent as well as the real scope of the authority of the employee may be important, and to ascertain it, representations of the employer to the public are considered. In a suit, how- ever, between an employer and an employee, their respective rights and liabili- ties are governed by the contract between them. The contract between the Board of Education of the Town of West Orange and Miss Welch is clear. She was engaged to teach and she undertook to teach during the year which brought her within the protection of the Tenure of Service Act, and there is no evi- dence to show that any change has taken place in her relations to the Board since then. It is not, therefore, necessary for us to consider on the one hand that in notices and reports she was described as a principal nor on the other, that to the state authorities she was defined as a teacher, and that the County Superintend- ent apportioned to the district, because of her services, 'the sum of $200.00, whereas if she was a principal, the sum of $400.00 would have been allotted. Neither is it necessary for us to consider the definition of a principal pro- pounded by her learned counsel, further than to point out that if it is sound, consolidation of rural schools would become practically impossible, for every teacher of a one-room school would insist that she was a principal and the staff of the consolidated school would consist of all principals and no teachers — all generals and no privates. The decision of the Commissioner is affirmed. April 4, IQI4- TRANSPORTATION OF PUPILS. Frederick Staats, t vs. Board of Education of Montgomery Town- ship, Somerset County. [Decision of the Commissioner of Education.] No formal complaint, or answer, has been filed in this case, but at a hearing before me it was agreed that Frederick and Lloyd Staats, sons of the com- plainant, were residents of Montgomery Township ; that they had taken the eighth grade work in a school in said Township during the school years of 191 1- 1912 and 1912-1913 ; that they took the county examination at the close of the school year of 1912-1913, but failed to pass; that the Appellant applied to the Respondent to have his sons sent to the High School at New Brunswick, which application was refused, and that the sole reason for such refusal was that they had failed to pass the county examination. It was admitted by the Respondent that at the time the application was re- ceived no rule had been adopted by it requiring a pupil to pass the county examination as a condition precedent to promotion to a High School, but claimed that such had been the custom for some years. A rule to this effect has re- cently been adopted. SCHOOL LAW DECISIONS. 345 The law requires a Board of Education to provide suitable school facilities for all children residing in the district and desiring to attend school. It further provides that when a district does not maintain a High School that pupils who have completed the grammar school course shall be sent to a high school in another district, and 'that the district in which they reside shall pay the cost of tuition and also of transportation, if transportation be necessary. The law gives to the local Board of Education, in the first instance, the right to decide whether or not a pupil should be promoted to the high school, but in exercising this right great care should be "taken not to unnecessarily retard the progress of a pupil, whose school life, even under the most favorable cir- cumstances, is very short. Examinations are held each year. The questions are prepared by the Com- missioner of Education. In Somerset County pupils who pass these examina- tions are granted certificates by the County Superintendent. These examina- tions are quite as much a test of the efficiency of the schools and the teachers as they are of the progress of the pupils. An examination is only one factor in determining the right of a pupil to promo'tion. A far more reliable test is the work actually done during the year. I am of the opinion that refusing to promote a pupil to the high school for the sole reason that he has failed to pass the county examination is not only unwise but that it may result in depriving him of suitable school facilities. For this reason the rule adopted by the Respondent is null and void. The question to be decided is, does the record of the sons of the Appel- lant show that they were entitled to promotion to a high school? Th reports of their work in the eighth grade during the school year of 1912-1913 is re- markably good, with the exception of the month of September, which usually is low, neither boy had a monthly average below eighty-one, the general average of Lloyd Staats was 86 6-9, and of Frederick Staats 87 4-9. It appears from the reports of the Superintendent and Principal of the schools in New Bruns- wick that both boys are doing good work except in English, and that their gen- eral standing is equal to that of other pupils in - the same class. The Respondent erred in refusing to provide high school facilities for the sons of the Appellant. It is ordered that the Respondent provide proper High School facilities for Lloyd and Frederick Staats, and that it pay to the Appellant any expenses in- curred by him in sending said boys to the High School at New Brunswick during the current school year. February 20, i9 r 4- [Decision of the State Board of Education.] 1. It appears in this case that two boys of the Respondent failed to grad- uate from the eighth grade of the Grammar School in Montgomery Township, but in spite of this failure to graduate, the Respondent insisted upon their being promoted and sent to a High School at New Brunswick. 2. The Appellant agreed to send them there and passed a resolution to the effect that the Board of Education of Montgomery Township would pay the transportation of the boys, ($4.03 per month), if the boys passed the entrance examination at the New Brunswick High School and if the Respondent paid the difference in tuition between New Brunswick and Bound Brook or Hopewell. 346 SCHOOL LAW DECISIONS. 3. The Respondent was present when this resolution was passed and assented to it. 4. The boys went to New Brunswick, but were given no examination and passed no examination. Without the knowledge or consent of the Appellant they were placed in the school on trial. They are apparently still there 'on trial." 5. Before the first of the year 1914, Mr. Staats, the Respondent, presented the Appellant with a bill for full tuition, instead of paying the difference as agreed, and full transportation from his house to New Brunswick and return. This bill the Appellant declined to pay. The Respondent then brought this action. 6. The State Board of Education holds that a local Board of Education has authority to prescribe its own rules for promotion. It is given that express right by statute. The Appellant was within its rights in stipulating that the boys should pass an examination and thus demonstrate their fitness to attend High School. The result of the subsequent trial at New Brunswick, whether good or bad, is beside the question. The Appellant had stipulated for an examination — not a trial. If the ruling of the local School Board in this case is not binding, then anyone could send his children to what school he pleased, at what expense he pleased, and afterward send the bill to the local School Board for payment. The Respondent should have lived up to his agreement with the Appellant. Instead of doing so he took upon himself the right and the risk of sending his boys to the High School at New Brunswick and in- curring expense therewith. He has not come into Court with clean hands and his contention should not be sustained. The decision of the Commissioner of Education is reversed. April 4, 1914- VACANCY IN BOARD OF EDUCATION ORGANIZED UNDER ARTICLE VI. Albert Leuly et al. d vs. He.nky Ritter et ol. Appellants, Respondents. William C. Asper for Appellants. Francis H. McCauley for Respondents. [Decision of the Commissioner of Education.] Prior to 1910, the School District of the Township of Weehawken wa3 gov- erned by the provisions contained in Article VII of the General School Law passed at the second special session of the Legislature in 1903, and three mem- bers of the Board of Education were elected annually on the third Tuesday in March, and took office on the first Monday in April following their election. At the general election held in 1910, this district adopted the provisions of Article VI of the School Law, as authorized by Section 243. Section 38 of the School Law, being a part of Article VI, provided for a Board of Education of nine members, appointed by the Mayor, and Section 39 provided for a toard of rine members elected by the people. Section 40, however, provided that SCHOOL LAW DECISIONS. 347 until the provisions of either Section 38 or 39 had been adopted, at a regular election, the members of the Board of Education should continue to be selected in the same manner as such members had previously been selected. As the School District of Weehawken never adopted the method prescribed by either section 38 or 39, the members of the Board of Education continued to be elected at a school election held on the third Tuesday in March, the term of office being three years. Chapter 233, P. L. 191 1, provided for a Board of Education in each dis- trict acting under Article VI, such board to consist of nine members appointed by the Mayor. The act further provided that the terms of office of all mem- bers of boards of education affected by the act should expire January 31, 19 12. A Board of Education was appointed in Weehawken in accordance with the provisions of this act. Later, in the case of Koven vs. Stanley, the Supreme Court declared the act unconstitutional and decided that Ritter O'Hara and Stanley, the only members of the old Board who were parties to the suit, were members of the Board of Education by virtue of their election on the third Tuesday in March. Chapter 370, P. L. 1912, provides for a Board of Education in each dis- trict acting under Article VI, the members of such board to be appointed be- tween the second and fifteenth days of January, to take office on the first day of February following their respective appointments. In a district having a population of less than 45,000, five members constitute the Board. In a dis- trict having a population of 45.000 or over, the Board consists of nine mem- bers. The act further provides that the members of a Board then in office should continue to serve for the terms for which they were severally elected, and until the first day of February then next ensuing. By virtue of this last mentioned provision, Ritter, and O'Hara were con- tinued in office until February 1, 1915. they having taken office on the first Mon- day in April, 191 1, and Stanley was continued in office until February 1, 1914, he having taken office on the first Monday in April, 1910. In the case of Lasher and Briesen vs. Board of Education of Weehawken, recently decided by me, it was held that said Lasher and Briesen were members of the Board of Education of Weehawken, they having taken office on the first Monday in April, 1910. Up to February 1, 1914, the Board of Education consisted of Ritter and O'Hara, whose respective terms of office would not expire until February 1, 1915, and Stanley, Lasher and Briesen, whose terms would expire February 1, 1914. The petitioners claim that Stanley was not a member of the Board, for the reason that he was a member of the Township Committee of Weehawken and that the offices of member of the Board of Education and Township Committee are incompatible. It is unnecessary to pass on the ques- tion as to the incompatibility of these offices, for the reason that Stanley's term has expired. Stanley had acted as a member of the Board since 1910, and, therefore, was at least a de facto member, and was entitled to act until removed by the Court. At a meeting of the Board held January 31st, a resolution was adopted removing John Koelin from his office as member of the Board of Education, and appointing William J. Cadwallader to fill the vacancy thus created. It is ad- mitted by the Respondent that Koelin was not a resident of the School Dis- trict of Weehawken on January 31st. Section 41 of the School Law reads, in part, as follows : "A member of a Board of Education in a city school district shall be a citizen and resident of the territory contained in said school dis- trict and shall have been such resident for at least three years immed'ately preceding his or her becoming a member of such board." It is evident from 34S SCHOOL LAW DECISIONS. the above quotation that as soon as a member of a Board of Education ceases to be a resident in the district, he ceases to be a member of the Board of Educa- tion. The resolution, therefore, so far as it relates to the removal of Koelin, is without force or effect. The appointment of Cadwallader is likewise without force or effect, for the reason that Chapter 370, P. L. 1912, expressly provides that "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." If a vacancy existed in the Board, it could only be filled by appointment by the Mayor; the Board of Education was without power in the premises. As a matter of fact, however, there was no vacancy in the Board on January 31st. Chapter 370, above referred to, contains the following proviso: "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 members, accord- ing to the population of the school district, as above provided, and the gradual reduction to the prescribed membership as terms expire". The right of Koelin to retain his membership was a personal right. As soon as he ceased to be a member, the number of members in the Board was reduced to five, the legal number for this district, and there was no power, other than the Legislature, which could again increase it. The Respondents contend that the Mayor was without authority to ap- point three members to take office on the first of February, for the reason that the appointments were made on the fourteenth of January, and that there is no evidence that Koelin had lost his membership in the Board on that date. It is admitted that Koelin was not a resident on January 31st, and, as heretofore stated, he ceased to be a member of the Board as soon as he ceased to be a resident of the district. There is no doubt, therefore, that at the time of the organization of the Board on February 2d, there were three vacancies and that there were three persons holding certificates of appointment signed by the Mayor. I am of the opinion that the fact, if it be a fact, that Koelin was a member of the Board on January 14th, will not affect the case. The only point is whether or not there were three vacancies in the Board of Education at the time the certificates issued by the Mayor became operative. As heretofore, stated, Ritter, O'Hara, Stanley, Lasher, and Briesen con- stituted the Board of Education of Weehawken prior to February 1, 1914. On that date the terms of office of Stanley, Lasher, and Briesen expired, leaving three vacancies to be filled by the Mayor in the manner provided in Chapter 370, P. L. 1912. In accordance with the authority conferred upon him, the Mayor did, on the 14th day of January, 1914, fill such vacancies by his ap- pointment of John McFadden for the term of three years, George Liss, for the term of four years, and Albert Leuly, for the term of five years. The persons so appointed have taken the prescribed oath of office and have filed the same with the Township Clerk as required by Section 42 of the School Law. The Board of Education now consists of Ritter and O'Hara, whose terms will expire February 1, 1915, McFadden, whose term will expire February 1, 1 9 17, Liss, whose term will expire February i, 19 18, and Leuly, whose term will expire February 1, 1919. Chapter 370, above referred to, provides that the Board of Education shall organize on February 1st, unless such date falls on Sunday, in which case the organization shall be effected on the following day. As February 1st, this SCHOOL LAW DECISIONS. 349 year, fell on Sunday, the Board was required to meet for organization on Feb- ruary 2d. It is admitted that Kilter and O'Hara were notified of the time and place of this meeting on February 2d, and that they refused to attend. The meeting, having been legally called, and a quorum being present, the election of Albert Leuly as President and George Liss as Vice President was in ac- cordance with the provisions of the statute. It is diffcult to believe that it was intended that the resolution direct- ing the Secretary to post notices for an election of members of the Board of Education on the third Tuesday in March should be taken seriously. In order to make such an election legal, a decision by the Court declaring Chapter 370 of the Laws of 1912, unconstitutional, would be necessary. Until such a decision is rendered, said Chapter must be deemed to be in full force and effect, and the members of the Board of Education must be selected as directed therein. I am unable to decide at this time as to the legality of the appointment of Hurley as Secretary, at the meeting held on January 9, 1914, the action taken at the meeting held January 28th, in appointing Ritter and O'Hara as members of the Board of School Estimate, and the action taken at the meeting of February 2d, appointing Briesen as Secretary, for the -reason that the evidence does not disclose whether the meetings of January 9th and 28th were regular or special meetings of the Board, and, if they were special meetings, whether all the members of the Board were notified of the time and place of the meetings and the purposes for which they were called. An early date will be fixed on which to take testimony covering these points. February 24, 19 14. Affirmed by the State Board of Education May 3, 1914. Albert Leuly et al. APPOINTMENT OF SECRETARY. Appellants, vs. Henry Ritteh et al., Respondents. [Decision of the Commissioner of Education.] William C. Asper for Appellants. Francis H. McCauley for Respondents. In the decision rendered by me in this matter on February 24, 1914, three points were reserved until further evidence was submitted. These points were, the legality of the appointment of Hurley as Secretary, at the meeting held on January 9, 1914; the action taken at the meeting held January 28th, in appointing Ritter and O'Hara as members of the Board of School Estimate; and the action taken at the meeting of February 2d, appointing Briesen as Secretary. An agreed state of facts submitted this day contains a resolution adopted by the Board of Education of the Township of Weehawken at a meeting held February 2d, which reads as follows : 350 SCHOOL LAW DECISIONS. "RESOLVED, That the office of the Secretary of the Board of Education and the District Clerk of the Board of Education be declared vacant and that Arthur V. Briesen be and he is here- by appointed Secretary of the Board of Education and as District Clerk of the Board of Education in the Township of Weehawken, in the County of Hudson and State of New Jersey for a term of one year, from the first day of February, 1914, to the first day of February, 1915, at a salary of $900.00 per annum, payable in twelve equal monthly installments of $75 each. Dated February 2, 19 14". Section 56 of the general school law passed at the second special session of 1903 reads in part as follows: "A Secretary shall be appointed by the majority vote of all the members of the Board of Education ; he shall be paid such salary as said board shall determine, and may be removed by a majority vote of all the members of said board". It appears that the resolution above quoted declared the office of Secretary to be vacant, and also appointed Arthur V. Briesen as Secretary of the Board to fill the vacancy thus created. This action having been taken by the vote of a majority of all the members of the Board, William E. Hurley was re- moved from his office as Secretary of the Board of Education of the Town- ship of Weehawken, and Arthur V. Briesen was regularly and legally elected as Secretary of said Board. It is also agreed by the parties hereto that the meeting of the Board held January 28th was a regular meeting of the Board. At this meeting, a resolu- tion was adopted appointing Messrs. Ritter and O'Hara as members of the Board of School Estimate. It is well settled that when a special meeting of a municipal board is called, each member must have notice of the time and place of the meeting and the purpose for which it is called. It is not necessary that notice be sent to the members of a board, of the time and place of a regular meeting, for the reason that the members of a board are presumed to know the time and place where a regular meeting will be held, and it is their duty to attend without formal notice. The meeting of January 28th was a regular meeting, and the action taken in appointing Messrs. Ritter and O'Hara was regular, and said persons are members of the Board of School Estimate for the ensuing year. February 26, 1914. Affirmed by the State Board of Education May 3, 1914. SCHOOL LAW DECISIONS. 351 BALANCES OF BOND ISSUES IN DISTRICT ORGANIZED UNDER AR- TICLE VI. The Board of Education of Atlantic City, Petitioner, vs. Albert E'eyer. Custodian of School Funds for the District of Atlantic City, Respondent. James H. Hayes, Jr., for Petitioner. Theodore W. Schimpf, for Respondent. [Decision of the Commissioner of Education.] During the years 1910 and 191 1 the Board of School Estimate delivered to the Common Council of Atlantic City certain certificates appropriating moneys for the purchase of land and the erection of school buildings in the School Dis- trict of Atlantic City, and, upon the receipt of said certificates, said Common Council adopted ordinances authorizing the issue of bonds, to be known as school bonds, for the amounts stated in said certificates. Said bonds were sold and the moneys were deposited with the Custodian of School Moneys. The cost of the land and buildings, to defray which the issue of bonds was author- ized, was less than 'the amounts stated in the certificates of the Board of School Estimate, and there is a balance of the amount received from the sale of said bonds now in the hands of the Custodian of School Moneys. On August 22, 1913, the Petitioner adopted a resolution directing 'the Re- spondent "to deposit to the credit of the Building and Repair Account of the School District the balances remaining to the credit of the several Bond Issues of the District." The Respondent has refused to make such transfer. The Petitioner asks that an order be made directing the Respondent to comply with the resolution of August 22, 19 1 3, quoted above. Section 185 of the General School Law, as amended by Chapter 285, P. L. 1912, provides that "the custodian of the moneys belonging to the municipality in which the school district shall be situate, or the collector when designated by the Board of Education, shall be the custodian of the school moneys of such dis- trict, 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. * * * 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 school moneys of said dis- trict, but said moneys shall be held by said 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." It is very evident from the above quotation that the offices of City Treas- urer and Custodian of School Moneys are separate and distinct offices, although held by the same person, and as the Common Council or other governing body of the municipality in which the school district is situate is prohibited from controlling, or attempting to control, the funds of the school district, that the 352 SCHOOL LAW DECISIONS. Custodian is under the control and direction of the Board of Education. A school district is a municipal corporation separate from the municipality in which it is situate (Landis vs. School District, etc., 28 Vr. 509). The Cus- todian of School Moneys holds an office created by the School Law, and not by any provision contained in the charter of the city, and as such officer must be governed solely by the provisions of the School Law. Control of the finances of a school district could be given to the city only by some provision of law, and the School Law not only does not contain any such provision, but expressly prohibits it. The intent of the Legislature to make it impossible for the city to have any control over the finances of the school district is further shown by Sec- tion 186 of the School Law, which makes it the duty of "the collector or treas- urer of each municipality in which a school district shall be situate to pay to the custodian of the school moneys of such school district the amount ordered to be assessed, levied and collected 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." No action by the governing body is necessary, the sole authority for such transfer being the requisition of the Board of Education. This section emphasizes the dual offices for it directs the treasurer to transfer to himself, as custodian, moneys raised for school purposes. Section 76 of the School Law prescribes the method of raising moneys for the purchase of land and the erection of buildings in a city school district, and provides that when bonds are issued for such purposes "the proceeds 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." It is clear from the above quotation that the entire proceeds of the sale of bonds, including premium, shall be placed to the credit of the school district. No action by the governing body of the city is required. The proceeds of the sale of school bonds become automatically a part of moneys of the school dis- trict as soon as received. The Respondent claims that the balance of the proceeds of the sale of bonds issued for the purchase of land and the erection of school buildings can be used only to liquidate the debt incurred in excess of the cost of such grounds and buildings. Section 76 of the School Law prescribes the method of raising money for the payment of principal and interest falling due on bonds issued for school purposes in a city. The burden of raising such money is cast upon the city and not upon the school district. Bonds are an indebtedness of the city and not of the school district and school moneys cannot be used to pay any part of the principal or interest due on school bonds. As soon as school bonds are sold the proceeds become school moneys, and as such can be paid out only on orders signed by the president and secretary of the Board of Education. School moneys can be paid out only on orders or warrants signed by the presi- dent and secretary of the Board of Education, and there is nothing in the law which authorizes such president and secretary to issue an order or warrant for the payment of principal or interest due on school bonds. The Respondent further claims that his powers are prescribed by the Act of 1902, directing the City Treasurer to receive all moneys belonging to the city and disburse the same according to law. He appears to have lost sight of the fact that the Act of 1902 refers solely to his powers as City Treasurer, and that it cannot in any- SCHOOL LAW DECISIONS. 353 wise affect his duties as Custodian of School Moneys. Even if the Act of 1902 could be construed as originally applying to his duties as Custodian of School Moneys, its provisions, so far as they relate to school moneys, were repealed by Section 246 of the General School Law of 1903, which reads as follows: "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 in- consistent with the provisions of this act, are hereby repealed." As has heretofore been shown, the balance of the proceeds of the sale of school bonds is not available for the payment of any part of the principal or interest of such bonds, the question as to what disposition can be made of said balance, therefore, remains to be considered. It is inconceivable that the Legis- lature intended that moneys received from the sale of bonds, remaining to the credit of the school district, after the payment of all indebtedness incurred for the purchase of land and the erection of the buildings, should be unavailable for any purpose. There is nothing in the law which prescribes what disposition shall be made of such balances, and in the absence of such provision, the power to transfer the balance to other school purposes must be found in the general powers possessed by municipal corporations. It is the common practice in all municipal bodies to transfer moneys from one account to another as occasion demands, and in very few instances is this power granted by express provision of law. The Petitioner was acting well within its legal powers when it adopted the resolution of May 21, 1913, directing the Respondent to transfer to the credit of the Building and Repair Account the balances remaining to the credit of the several bond issues of the district. The Custodian is not responsible for the application the Board of Education has made of school moneys (Zimmerman vs. Mathe, 20 Vr. 45) and he cannot refuse to honor an order of the Board of Education on the plea that he or his bondsmen may legally be liable for a misappropriation of school moneys. It is ordered that the Respondent transfer to the Building and Repair Ac- count 'the balances now in his hands from the sale of school bonds issued for the purchase of land and the erection of buildings for the Massachusetts Ave- nue School, the Richmond Avenue School, and the Texas Avenue School. May 11, 1914. Affirmed by the State Board of Education Nov. 7, 1914. POWERS OF AUDITOR OF SCHOOL DISTRICT. The Board of Education of Atlantic City, Petitioner, vs. b'essie m. townsend, acting comptroller of Atlantic City, Respondent. James H. Hayes, Jr., for the Petitioner. Theodore F. Schimpf, for Respondent. [Decision of the Commissioner of Education.] The Petitioner, in January, 1909, employed one Edwin Clark to criticise the plans and specifications for a new school building, and said Clark, in May, 1909, rendered a bill for services performed by him under said employment, for 354 SCHOOL LAW DECISIONS. the sum of three thousand dollars. Said bill was approved by the Petitioner and forwarded, on April 30, 1910, to the then Comptroller of Atlantic City, who, by virtue of the provisions of Section 62 of the General School Law, is the Auditor of the School District of Atlantic City. Later the bill was returned to the Petitioner, together with a statement of the reasons why the bill should not be paid. On November, 15, 1912, the Petitioner adopted a resolution to pay Clark the sum of two thousand dollars, with interest at the rate of six per cent, from May 5, 1909, to November 15, 1912, in full settlement of his claim. In accordance with this resolution, a warrant was drawn in favor of said Clark for the sum of $2,424.66. and forwarded to the Auditor, together with the bill of said Clark, duly verified by affidavit. On November 27, 1912, the Auditor returned the warrant and bill, together with a statement of his objections. At a meeting held on November 29, 1912, the Petitioner, after considering 'the ob- jections of the Auditor, adopted a motion that the bill of Edwin Clark be or- dered paid, and on November 30, 1912, the Auditor was notified of the action of the Petitioner. The Auditor still refuses to countersign the warrant drawn in favor of Edwin Clark, and the Petitioner prays that an order may be issued directing the Auditor to countersign said warrant and deliver the same to said Clark. Section 62 of the School Law provides that the Comptroller, Auditor or other officer, if there be one, authorized to audit claims against the municipality in which the school district shall be situate, "shall be the auditor of the school district," and that all warrants accompanied by itemized statements of the claims shall be forwarded to said auditor. It further provides that "said auditor shall examine and audit such warrants and statements with a view to ascertaining whether the sum or sums are proper * * * and if said auditor shall have reason to believe that the claim or demand for which such warrant shall have been issued is incorrect, or for any cause should not be paid, he shall return such warrant and statement to the Secretary of the Board of Education with a statement of the reasons why the same should not be paid, and said secretary shall correct said warrant and statement or present them to the Board of Educa- tion at its next meeting. If said Board shall find that the claim or demand for which said warrant was issued was correct and just, it shall, by a majority vote of all the members of said Board, order that it shall be paid, and said auditor shall, upon receipt of the warrant' and statement thereof, together with a statement of the action of the Board of Education thereon, countersign the warrant and forward it to the Custodian of School Moneys." The Respondent, in her answer, assigns several reasons for her refusal to countersign the warrant drawn in favor of Edwin Clark. In order to reach a decision in this case, it is necessary only to consider the eighth objection, which is that the bill is not itemized in accordance with law. The bill reads as follows : "For professional services rendered on new Grammar School at Atlan- tic City and including expenses $2,000.00 Interest due from May 5, 1909, to Nov. 15, 1912, as allowed by resolu tion of the Board of Education 424.66 $2,424.66" SCHOOL LAW DECISIONS. 355 The law expressly requires that all bills presented to the auditor shall be itemized. Unless a bill is properly itemized, i't is impossible for the auditor to perform the duty cast upon him by the statute. The bill under consideration does not state the nature of the services rendered nor the 'time given by Clark in performing his duties under his agreement with the Petitioner. Neither does it state 'the amount of the expenses nor how such expenses were incurred. The auditor may have been, and probably was, in a general way, cognizant of the nature of the work performed by Clark, but this is not sufficient. He must have clearly stated in the bill he is asked to approve such items as will enable him to act intelligently when he approves or disapproves it. The bill rendered by Clark and which the Respondent refuses to approve does not comply with the statute. The appeal is dismissed. May 11, 1914. TRANSPORTATION OF PUPILS. Elsey C. Polk, Appellant, vs. Board of Education of Centre Town- ship, Respondent. [Decision of the Commissioner of Education.] Charles C. Polk, son of the Appellant, completed the grammar school course pursued in the schools under the care of the Respondent in June, 1909, and application was made to the Respondent that the said Charles C. Polk be as- signed to a high school, there being no high school in Centre Township. The Respondent assigned him to the high school at Haddon Heights, said high school being the most convenient high school he could attend. He was denied admis- sion to said high school for the reason that the school was full and could not accommodate him. Thereupon, the Appellant laid the matter before the Re- spondent at a meeting held September 14, 1909, and at said meeting a resolu- tion was adopted that "Charles C. Polk should attend the Camden High School at the expense of the Board of Education of Centre Towwnship." In pursuance of said resolution, the said Charles C. Polk attended the Camden High School from September, 1909, until June, 1913. It appears that the Respondent has paid the entire cost of tuition of Charles C. Polk in the Camden High School, and that the Appellant has paid the entire cost of his transportation, amounting to $139.00. The Appellant presented to the Respondent a bill for this amount and pay- ment was refused. The reason assigned for such refusal was that at a meet- ing held September 22, 1909, the Respondent rescinded its action taken on September 14th, and adopted another resolution "permitting Elsey C. Polk to send his son to Camden High School, provided he pay the difference in tuition and transportation." In explanation of its action of September 22d, the Re- spondent states that the cost of tuition in the Camden High School is $70.00 per year, and the cost of transportation, $40.00 per year, while the cost of tui- tion in the Haddon Heights School is $40.00 per year, and the cost of trans- 356 SCHOOL LAW DECISIONS. portation, $20.00 per year, and claims that the Respondent cannot be compelled to pay more for tuition and transportation than is necessary to send a pupil to the nearest high school, and that when a pupil attends a high school other than the one nearest his residence, the difference in cost must be paid by the parents of the pupil. The Appellant prays that the action of the Respondent on September 22, 1909, be declared to be null and void, and that the Respondent be directed to pay to him the amount expended by him for the transportation of his son to the Cam- den High School. The law provides that a Board of Education shall provide suitable school facilities and accommodations for all children of school age residing in the district and desiring to attend school. It further provides that such facilities and accommodations may be provided in schools within the district, or by the payment of the cost of tuition for a child assigned to a school in another dis- trict, and that the district shall also pay the cost of transporting the pupil to and from school, if transportation is necessary. It is admitted that there is no high school in Centre Township, and that transportation was necessary whether the son of the Appellant attended the Camden High School or whether he attended 'the Haddon Heights High School. The questions to be decided are : — First. Is the liability of the Respondent to be measured by the cost of sending a pupil to the nearest high school, and Second. Is the Appellant bound by the action of the Respondent at its meeting on September 22, 1909? If a district does not maintain a course of study suited to the age and attain- ments of a pupil it must send such pupil to a school in another district and must pay the entire cost of tuition and transportation. In selecting the school a pupil is to attend, the Board should usually select the school most convenient of access by the pupil ; provided it has the proper course of study, and a parent has no right to insist that his child shall be sent to another school simply be- cause he happens to prefer it. He may, however, with the consent of the Board of Education, send his child to the school he prefers, provided he agrees to pay the difference in the cost of tuition and transportation. If there had been room in the Haddon Heights School, and the Appellant had sent his son to Camden, the Respondent would not have been liable for any expense incurred beyond the cost of sending him to the Haddon Heights School. It appears that the Appellant was willing that his son should attend the Haddon Heights School, and that he sent him there, and that he was refused admission by reason of the lack of room. The Haddon Heights School being full, the Respondent was compelled to assign the son of the Appellant lo another school, and, in fact, did so by its resolution of September 14, 1909. The Appel- lant certainly cannot, under such conditions, be held liable for the increased cost of sending his son to the Camden School. The Appellant is not bound by the action of the Respondent taken September 22, 1909. As hereinbefore stated, it was the duty of the Respondent to assign the son of the Appellant to a convenient high school, and that in pursuance thereof it did actually assign him to the Camden High School. The Appellant could not be held liable, except by agreement, for any portion of the expense. There is no evidence that he ever entered into such an agreement. A Board of Education cannot compel a parent to pay for the 'transportation of his child to and from school even though the Board agrees to reimburse him. A parent may legally make such an agreement, and such is the general prac- SCHOOL LAW DECISIONS. 357 tsce, particularly when the transportation is by trolley, but if the parent refuses, the Board must purchase the transportation. If the Appellant had not applied to the Respondent for 'tuition and transporta- tion for his son, but had sent him to the Camden School without its knowledge or consent, he would have no claim for the amount expended by him. If 'the action of the Respondent on September 22d were sustained, the Ap- pellant would be compelled to pay a portion of the cost of providing his son with suitable school facilities, or if he refused to advance the cost of trans- portation, his son would have been deprived of an education to which he legally was entitled. The Appellant performed his full duty when he made the application in 1909, and he was justified in sending his son to the Camden School. He is en- titled to be reimbursed by the Respondent to the full amount expended by him for the 'transportation of his son. May 12, 1914- DISCHARGE OF MEDICAL INSPECTOR. Edward B. Terry Appellant, vs. The Board of Education of Atlantic City, Respondent. Bolte & Sooy for Appellant. James H. Hayes, Jr. for Respondent. [Decision of the Commissioner of Education.] In June, 1912, the Petitioner was appointed by the Respondent as one of the Medical Inspectors in the public schools of Atlantic City, at an annual salary of $500.00. The Petitioner accepted the appointment, and acted as such Inspector until February 16, 19 13. On that date he went to Reading, Pennsyl- vania, being called there on account of the serious illness of his mother, and he remained there until after her death, about February 20th. On February 20th, the Respondent adopted a resolution that "Dr. Edward B. Terry be suspended as medical inspector, without pay from this date, for an indefinite period and until such time as a date is fixed for a hearing by the Board of Education, and that the Secretary be instructed to notify Dr. Terry of the action taken." On March 1st, he was notified "to be at the High School Building, Mon- day afternoon, March 3, 1913, at four o'clock, to meet with the members of the Board of Education for the purpose of hearing your case relative to re- marks made at the Home and School Association Meeting held at the Indiana Avenue School". The Petitioner was present at the said time and place, and was given a hearing by the Committee on Medical Inspection. On March 20th, the Board of Education adopted a resolution "that Dr. Terry be dismissed from the services of the Board of Education, as Medical Inspector". 35S SCHOOL LAW DECISIONS. From this action the Petitioner appeals. The resolution appointing the Petitioner as one of the Medical Inspectors does not state that he was engaged for a specified term. The Board of Education may appoint a Medical Inspector for a term of years, but, under the rules of the State Board of Education, a Medical In- spector cannot be appointed for a shorter term than one year. As the Re- spondent did not specify any term in the resolution appointing Dr. Terry it follows that he was appointed for a term of one year. The appointment of the Petitioner, and his acceptance, constituted a contract which could not be ter- minated by either party except for good cause. Two reasons are assigned by the Respondent to justify its action in dis- missing the Petitioner from its employ, before the expiration of the contract ; :. That he left Atlantic City and went to Reading without first having ob- tained the consent of the City Superintendent of Schools, and 2. On account of certain remarks made by him at a public meeting held in the Indiana Avenue School. i. The notices sent to Petitioner and the resolutions adopted by the Com- mittee on Medical Inspection and by the Respondent do not refer to the absence of the Petitioner. In the minutes of the meeting of the Committee held on March 3d, appears the following: "Dr. Terry's attention was also called to the fact that he had left the city without reporting his absence to the superintendent or someone in authority." The only other mention of his absence appears in the brief of the counsel for the Respondent, which reads, in part, as follows : "The testimony shows that the petitioner's dismissal was on the grounds that he absented himself from the city and failed to notify Professor Boyer as required by the rules and regulations of the Board." There is nothing in the rules governing Medical Inspectors which requires a Medical Inspector to obtain the consent of the Superintendent of Schools be f ore leaving the city, but it is necessary to the proper management of the schools that every employee should notify someone in authority of his intended absence, and no employee should absent himself without first obtaining the consent of the Superintendent or other person authorized to grant it, except under extreme circumstances. It is unthinkable that any person would refuse a leave of absence to an employee who was called to the bedside of his dying mother, and the Petitioner was justified in believing that he had performed his full duty when he caused to be sent to the Superintendent notice of his proposed absence and the reason tfierefor. It is evident that the Respondent did not consider the absence of the Petitioner as just cause for dismissal, as neither it nor its Committee men- tions his absence in any of the resolutions adopted suspending or dismissing the Petitioner. 2. The Petitioner contends that his dismissal was contrary to law for the reason that the hearing was before a Committee of the Board of Education and not before the Board in regular meeting. There is nothing in the law which requires that a hearing on charges against a Medical Inspector shall be held by the Board. The rights of the Petitioner were not jeopardized, for he admits that practically all the members of the Board were present. I am not satisfied from the evidence that the remarks made by Dr. Terry *t the meeting in the Indiana Avenue School were of such a nature as would SCHOOL LAW DECISIONS. 359 warrant his dismissal. Mrs. Mitchell, the only witness produced by the Re spondent, other than Superintendent Boyer, who was present at the meeting, testified that she remembered that Dr. Terry in his remarks had charged that Superintendent Boyer was responsible for the partition erected across the audi- torium in the Indiana Avenue School, but her recollection of what occurred is so vague that her testimony is of little value. Superintendent Boyer testified that the Petitioner had, in his remarks, attacked him and had told the people that unless they took action they would soon have "Jim Crow schools and Jim Crow conditions" in Atlantic City. The Petitioner denies having mads such statement. With the exception of the above, the testimony, as to what was said by Dr. Terry, is very general in character, and would not warrant his dismissal. The resolution adopted by the Respondent on March 20, 1913, dismissing the Petitioner is null and void, and the Petitioner is entitled to receive hit salary for the full term for which he was appointed. June 2, 1 91 4. APPOINTMENT OF ATTORNEY FOR BOARD OF EDUCATION. James H. Hayes Jr., Petitioner, vs. Bessie M. Townsend Comptrolleb of tbi City of Atlantic City Defendant. James H. Hayes, Jr., pro se. Theodore W. Schimpf for Defendant. [Decision of the Commissioner of Education.] The Board of Education of Atlantic City employed the Petitioner to act as its Solicitor and Attorney for one year from August 1st, 1913, at a salary of $1,000.00. On November 30th, 1913, said Board ordered paid a bill for $250.00, drawn in favor of the Petitioner for salary as Solicitor and Attorney, for the months of August, September, and October, 1913. Said bill, together with a warrant for its payment, was forwarded to the Defendant, who, by virtue of the provisions of section sixty-two of the School Law, is the Auditor of the School District of Atlantic City. Said Auditor returned the bill and warrant to the Board of Education with her reasons for refusing to countersign the warrant. At a meeting of the Board, held December 18th, 1913, the bill was again ordered paid, and the bill and warrant were again forwarded to the Auditor, together with a statement of the action of the Board. On January 29th, 1914, the Board of Education ordered paid a bill for $250.00, drawn in favor of the Petitioner for salary as Solicitor and Attorney, for the months of November and December, 1913, and January, 1914. This bill, .together with a warrant for i'ts payment, was forwarded to the Petitioner, who returned the bill and warrant to the Board of Education with her reasons for refusing to countersign the warrant. At a meeting held March 19'th, 1914, the 36o SCHOOL LAW DECISIONS. Board again ordered this bill paid, and the bill and warrant were again for- warded to the Defendant, together with a statement of the action of the Board. The Defendant still refuses to countersign the warrants, alleging, as a reason for her refusal, that there is no appropriation from which the bills drawn in favor of the Petitioner can be paid. Section 62 of the School Law provides, among other things, that the comp- troller, auditor, or other officer, if there be one, authorized by law to audit claims against the municipality in which such district shall be situate, shall be the auditor of the school district, and that the city treasurer, by virtue of his office, shall be the custodian of the moneys of the school district. The Defendant performs her duties as Auditor of the School District of Atlantic City solely by virtue of the provisions of the School Law, and not by any provision of law relating to her duties as Comptroller of Atlantic City. The duties of a school auditor are clearly denned in Section 62, and are confined to examining and auditing warrants and statements received from the Board of Education, and, if said warrants and statements are found to be cor- rect, to countersign them and forward them to the Custodian of School Moneys for payment. If the Auditor has reason to believe that the claim for which any warrant is drawn is incorrect, or, for any reason, should not be paid, he must return the warrant to the Board of Education, accompanied by a state- ment of his reasons for refusing to countersign 'the warrant. The section further provides that, if, after a warrant is returned by the Auditor, the Board "shall find that the claim or demand for which said warrant was issued is correct and just, it shall, by a vote of a majority of all the members of said Foard, order that it be paid, and said auditor shall, upon receipt of the warrant and statement thereof, together with a statement of the action of the Board of Education thereon, countersign the warrant and forward it to the Custodian of School Moneys." The provisions of Section 62 have been strictly complied with in the case of the two bills of the petitioner, except that the Defendant refuses to countersign the warrants for their payment after they have been ordered paid by the Board of Education after consideration of the objections made by her. The Defendant attempts to excuse her refusal to perform the plain duty cast upon her by the statute by pleading that there is no appropriation from which the claims can be paid. Whether or not there is an appropriation available for the payment of the claims is no concern of the Defendant. Her responsibility was ended when she returned the warrants to the Board of Education. It is ordered that the Defendant countersign the warrants drawn in favor of the Petitioner and forward them to the Custodian of School Moneys. It was not necessary, in order to reach a decision in this case, to pass upon the point raised by the Defendant in her answer, that there was no appropria- tion from which the bills of the Petitioner could lawfully be paid. The point is, however, of such importance that I think it should be passed upon at this time. Section 74 of the School Law makes it the duty of the Board of Education in a city school district, annually, to deliver to each member of the 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 the district for the ensuing year," and section 75 makes it the duty of the Board of School Estimate, annually, to "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." SCHOOL LAW DECISIONS. 361 In the above quotation from section 75, the Board of School Estimate ia directed to "fix and determine the amount of money necessary to be appro- priated for the use of the public schools." The language used clearly shows that it was the intent of the Legislature that the annual appropriation should be in bulk and not a separate appropriation for each purpose specified in the itemized statement received from the Board of Education. Had it been the intent of the Legislature that the appropriation should be itemized, the appropriate language would have been "to fix and determine the several amounts needed for the several purposes specified in the certificate." It should further be noted that, in section 74, the Board of Education is directed to prepare "an itemized state- ment of the amount of money estimated to be necessary." The Legislature, evi- dently, was aware that it was impossible for the Board of Education to deter- mine the exact amount needed for each purpose, and that all that was intended was that the Board of School Estimate should have before it the information necessary to enable it to act intelligently in determining the amount of the appropriation. It frequently happens in a large city school district that, owing to an un- expected increase in the number of pupils, additional teachers are required, and that the amount estimated to be necessary for the payment of teachers' salaries is not sufficient. To hold that the Board of Education was prohibited from em- ploying the necessary teachers because the amount estimated for their salaries was too small, while the total appropriation was ample to meet all demands, would prevent the Board from performing the duty cast upon it. A Board of Education in a City School District may, in its discretion, use for any item of current expense, moneys appropriated by the Board of School Estimate, without regard to the several amounts estimated 3S necessary for the several purposes specified in its statement to the Board of School Estimate. In Exhibit "P. 2," annexed to the Petition, the Defendant says that the Board of School Estimate struck out the item for salary of the Attorney of the Board of Education, and that "said action was taken with a view of saving said amount, it being understood that the City Solicitor would act in a like capactiy for the Board of Education and Board of Commissioners, at no addi- tional expense to the public." If that were the reason for reducing the amount of the appropriation, it is evident that the Board of School Estimate did not realize that the City and the School District were separate and distinct municipal corporations, and that the latter was not a department of the city government. A Board of Education has no right to demand service from an employee of the City Commission, and no such employee could be compelled to serve the school district. It is true that the City Treasurer is the Custodian of School Moneys, and that the City Comptroller is the Auditor of the School District, but this is by virtue of an express provision of the School Law. There is no incompatibility or inconvenience in these officers holding dual positions, but it would frequently be impossible for the City Solicitor to act as Attorney for the Board of Education. In a recent case tried before me, in which the Board of Education of Atlan- tic City was the Complainant and the City Comptroller, the Defendant, the City Solicitor appeared for the Defendant. It is impossible "to run with the hare and hunt with the hounds," and it is equally impossible for one person to appear as Attorney for both the Complainant and Defendant. The appointment of the Petitioner as Attorney and Solicitor of the Board of Education of Atlantic City was legal, and his salary may be paid from the 362 SCHOOL LAW DECISIONS. moneys appropriated by the Board of School Estimate for the current expense* of the schools. July 24, 1914. TRANSPORTATION OF PUPILS. Maurice Lippincott, et al., Appellants, vs. The Board of Education op Springfield Township, Respondent. [Decision of the Commissioner of Education.] The Complainants allege that the Respondent has failed to provide proper school facilities and accommodations for their children. It appears that the daughter of Mr. Lippincott, who lives at or near Jobs- town, Springfield Township, has been attending the high school at Pemberton since September, 191 1, and that her father has paid for her transportation between Jobstown and Pemberton, and has been reimbursed by the Respondent for the amount expended up to March 1, 1914; "that on January 8, 1914, Mr. Lippincott wrote to the District Clerk to the effect that he would not thereafter advance the money for transportation, and requested the Respondent to make the necessary arrangements. Pending action in the matter, he continued to pay the cost of transportation. On February 3, 19 14, he, with others, requested the Respondent to provide transportation for their children. No action being taken by the Respondent, he wrote to the District Clerk, under date of March 18, 1914, that, in accordance with a notice previously given, his daughter was at the Jobstown railroad station on the morning of March 16th, prepared to go to the high school at Pemberton, but as the Respondent had made no provision for her transportation, she returned to her home. Since that date the daughter of Mr. Lippincott has continued to attend the Pemberton High School, and he has paid for her transportation. The cost of a monthly ticket between Jobstown and Pemberton is $3.45, and this is the amount which the Respondent has paid to Mr. Lippincott. On April 6, 1914, Mr. Lippincott sent to the Respondent a bill for the trans- portation of his daughter from February 28th to April 6, 1914, the amount being $4.64. It further appears that the District Clerk sent to Mr. Lippincott orders for the payment of the cost of transporting his daughter, for the months of March and April, said orders being for the sum of $3.45 each, and that Mr. Lippincott returned them alleging that they did not cover the amount expended by him. It further appears that, for the month of March, Mr. Lippincott, instead of purchasing a monthly ticket, purchased regular tickets each day, at a cost of twenty-nine cents each. The law makes it the duty of a Board of Education to provide suitable school facilities and accommodations for the children living in the district, and to provide transportation whenever necessary. The Respondent erred when it neglected to comply with the request of Mr. Lippincott that it provide transporta- tion for his daughter. To compel a parent to provide the transportation, on the SCHOOL LAW DECISIONS. 363 promise that later he will be reimbursed for the amount expended, is not pro- viding suitable facilities and accommodations within the meaning of the law. The only exception to this is where the transportation is by trolley, and the trolley company refuses to sell monthly tickets. In such cases it is manifestly impossible for the Board of Education to purchase transportation in advance. If parents are willing to purchase the tickets, under an agreement that later they will be reimbursed, then: is no legal objection to their doing so. This is the practice in a large number of districts, and parents should be willing to assist the Boards of Education to that extent, but, as before stated, it can be done only with the consent of the parent. I am of the opinion that Mr. Lippincott is not entitled to the difference in cos't between a monthly ticket and the amount expended by him. He had always been paid promptly, and he had no reason to believe that he would not be paid with equal promptness in the future. As a good citizen, and in justice to the taxpayers of the district, he should have, pending action by the Respondent, se- cured the transportation of his daughter at the lowest possible rate. Mr. Stevenson's case differs from Mr. Lippincott's, in that he demands transportation for his daughters between their home and Jobstown, in addition to the railroad fare between Jobstown and Pemberton. It appears that Mr. Stevenson has two daughters who have attended the Pemberton High School since September, 1912, and that the Respondent has paid the cost of their railroad transportation. On February 3, 1914. he, with others, made "application to have our children transported to Pemberton High School." On March 14th, he sent to the Re- spondent the following communication : "Jobstown, N. J., March 14, I9M- I withdraw all previous applications made and make application to the Springfield Board of Education to trans- port my two children from Springfield District School or from their home, whichever is most convenient for the School Board, to Pemberton High School," and on March 19, 1914, he sent the following: "The Board of Education have not provided any way, as far as I know, to transport my children from Springfield district school or from their home, to Pemberton High School. I shall transport them by wagon to Jobstown, and from there by train, and shall hold the Board of Education responsible for the same." Mr. Stevenson lives two and nine-tenths miles from Jobstown, and he did not, during the two years his daughters have been attending the Pemberton High School, make any demand that the Respondent provide transportation between his home and the railroad station at Jobstown until March 14th last. It is impossible to fix any definite distance beyond which transportation is necessary, and within which it need not be provided. The age and sex of the children, the condition of the road and its surroundings, and the hours at which the trips must be made, are all factors which must be considered in determining whether or not transportation is necessary. In the absence of proof to the con- 364 SCHOOL LAW DECISIONS. trary, it must be assumed that the fact that Mr. Stevenson did not, from the time his daughters began attending the Pemberton High School, in September, 1912, to March 14, 19 14, make any demand for transportation for his daughters between the railroad station and their home, is conclusive evidence that he did not believe that it was the duty of the Respondent to provide such transportation. I am of the opinion, therefore, that the Respondent is not liable for any transportation heretofore furnished by Mr. Stevenson, between his home and the railroad station at Jobstown. For the reasons stated in the case of Mr. Lippincott, I find that Mr. Steven- son is entitled to be reimbursed at the rate of $3-45 per month for transporta- tion for each of his daughters, between Jobstown and Pemberton. The decision in the case of Mr. Stevenson is without prejudice of his right to request that, hereafter, the Respondent provide transportation for his daugh- ters between their home and Jobstown, and, in the event of the Respondent's refusal to comply with such request, to appeal to the Commissioner and offer proof of the necessity for such transportation. At the hearing before me, the Appellants attempted to show that other children residing in the district were given facilities which were denied their children. As the Respondents had no notice that the question as to the facili- ties provided for children other than those of the Appellants would be raised, that question is not properly before me for adjudication. August 6, 1914- APPOINTMENT OF MEMEERS OF BOARD OF EDUCATION ORGANIZED UNDER ARTICLE VI. Charles W. Blackmore, et al., Appellants, vs. Frederick Mann, et al.. Respondents. Warren Dixon, for Appellants. J. Emil Walscheid, for Respondents. [Decision of the Commissioner of Education.] The School District of the Town of Guttenberg is organized under the pro- visions of Article VI of the School Law, and, at the time of the passage of Chapter 370, P. L. 1912, had a Board of Education composed of nine mem- bers. The terms of office of three of said members would expire February I, 1913; the terms of office of three, on February 1, 1914; and the terms of office of three, on February 1, 1915- Chapter 370, above referred to, provides that in a district organized under Article VI, and having a population of less than forty-five thousand, the Board of Education shall be composed of five members. It further provides that the persons serving as members of a Board of Education in such district shall continue to serve until the first day of February next after the dates on which their terms would otherwise have expired. When, by virtue of this provision, the terms of three members of the Board of Education of Guttenberg expired SCHOOL LAW DECISIONS. 365 on February i, 1913, Charles A. Eypper, then Mayor of Guttenberg, did not appoint any persons to succeed them, and the Board continued with six mem- bers until December 8, 1913, when Mayor Eypper accepted their resignations, and made the following appointments to fill the vacancies in the Board of Education : Frederick E'runner, 'term to expire February 1, 1914. David Griffin term to expire February 1, 1915. Bartholamew Brackett, term to expire February 1, 1916. Max Rosivatch term to expire February 1, 1917. Frederick Mann, term to expire February 1, 1918. Daniel Herrman became Mayor of Guttenberg, January 1, 1914, and, ignor- ing the appointment made by his predecessor, appointed the following named per- sons as members of the Board of Education : Charles W. Blackmore term to expire February 1, 1919. George Bischoff term to expire February 1, 1918. David Vollinger, term to expire February 1, 1917. August Lawrence term to expire February 1, 1916. John McConnell term to expire February 1, 1915. These last named persons are the Appellants in this case, and they ask that they be declared to be 'the legal members of the Board of Education of Gutten- berg. Chapter 370, P. L. 1912, was approved April 2, 1912, and went into effect immediately. The determination of this case depends upon the interpretation of the pro- visos in section one, which read as follows : "provided, that every member of a board of education in a school dis- trict affected by this supplement shall continue to serve during his term of office and thereafter until the first day of February 'then next ensuing; and provided further, that first appointments under this sup- plement 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 members, according to the popu- lation of the school district, as above provided, and the gradual re- duction to the prescribed 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." The members of the Board of Education in office on April 2, 1912, the date on which the act went into effect, continued to be members of the Board, not by virtue of the act under which they were originally appointed, but solely by virtue of the proviso to the act of 1912, above quoted, which not only continued them in office, but extended their respective terms. The law was in force and effect on the day on which it was approved, and when any of the persons who were continued in office ceased to be a member of the Board, there was no 366 SCHOOL LAW DECISIONS. power vested in the Mayor to appoint a person for the unexpired term for which such member was originally appointed, and there could be no vacancy in the Board until the number of members in office was less than five. The Appellants contend that "the act becomes pro tanto effective when the Board is reduced to the requisite number, and that if all resigned at once the act becomes instantly effective and a new Board must thereupon be organized under the terms of that act, regardless of the unexpired term of office of the re- signing members." They further contend that in such case, there would be no unexpired terms, and that the district would be without a Board of Education until the first of February following, for the reason that regular appointments were required to be made between the second and fifteenth days of January. If, instead of resign- ing, the members had died or been disqualified, the result would have been the same. To take a less extreme illustration : if none of the members had resigned, but four had died or been disqualified, there would still have been a Board of Education, but with less than a quorum and, therefore, unable to transact any business. It is not possible that it was the Legislative intent that a school dis- trict could be left for months without a Board of Education, or without power to transact business. The Appellants admit that the act becomes effective as soon as the Board is reduced to the requisite number. It follows, therefore, that being in effect if a vacancy occurs thereafter such vacancy must be filled in accordance with the provisions of the act of 1912. If the act is in effect when the Board reaches the requisite number, I am unable to understand how it cannot be in effect if there are no members. It is true that there were no vacancies in terms prescribed by the act of 1912, but there were five vacancies in the Board, and as Mayor Eypper could not appoint a person for a longer term than five years, or more than one person for the same term, and as the act prescribes that the terms of the members shall expire on February 1st, he pursued the only possible course in designating the terms for which the several persons appointed by him should serve. The appointments made by Mayor Herrman, except in the case of Charles W. B'lackmore, who was appointed to succeed Frederick Brunner, whose term ex- pired February 1, 1914. are null and void. The appeal is dismissed. August 14, 1914- TENURE OF SERVICE OF TEACHERS. Carolyn E. Tobey, Appelant, vs. The Board of Education of the City of Newark, Respondent. G. R. Munroe. for Appellant. V Charles M. Myers, for Respondent. [Decision of the Commissioner of Education.] It is admitted that the Appellant is protected by the provisions of Chapter 243, P. L. 1909, known as the "Teachers' Tenure of Service Act." SCHOOL LAW DECISIONS. 367 Prior to October, 19 10, she held the position of "Model and Critic Teacher in the Kindergarten Department of the Webster Street School, Branch of the Newark Normal School," and received an annual salary of $1,600.00. At a meeting of the Respondent, held October 27, 1910, a resolution was adopted transferring the Appellant, and two other teachers holding similar positions, to the positions of "Kindergarten Directresses," dating such transfers from the first day of October preceding, and reducing their salaries to $1,100.00 per annum. From this action, the appeal is taken. The questions to be decided are: 1. Was the transfer of the Appellant contrary to the provisions of the Teachers' Tenure of Service Act? 2. If the transfer was permissible, was the reduction in the amount ol her salary contrary to the provisions of said act? 3. If the transfer and reduction of salary were legal, is the Appellant entitled 'to salary for the month of October, 1910, at the rate of $1,600.00 per annum? 1. Was the transfer of the Appellant contrary to the provisions of the Teachers' Tenure of Service Act? Section one, of the act, reads in part as follows : "No principal or teacher shall be dismissed or subjected 'to a reduction of salary in said school district except for inefficiency, incapacity, conduct unbecom- ing a teacher or other just cause, and after a written charge of the cause or causes shall have been preferred against him or her * * * and after the charge shall have been examined into and found true in fact by said Board of Education," and section three reads as follows : "Nothing herein contained shall be held to limit the right of any school board to reduce the number of principals or teachers employed in any school district when such reduction shall be due to a natural diminution of the number of pupils in said school district." No charges of any kind were made against the Appellant and no hearing was granted her, nor was there a "natural diminution in the number of pupils" if that provision of 'the law be strictly construed. There - are, scattered throughout the State, many small school houses erected before our roads were improved and when there were no large, well graded schools within a reasonable distance. The per capita cost of some of these schools is much greater than that of a large graded school, and the educational facili- ties provided for the pupils are very much less. Also, in some of the smaller districts, high school classes have been maintained for the reason that there were no well equipped high schools convenient of access. The tendency is to abandon these schools and classes, and transport the pupils to the larger and better equipped graded schools, the result being a considerable reduction in the cost of maintaining the schools, and also giving to the pupils a far better oppor- tunity to secure an adequate education. In some of these schools, there are teachers who are protected by the Tenure of Service Act, and to hold that these schools and classes could not be abandoned, and the teachers dismissed, would be an injustice to the pupils and taxpayers of the district. The correct and reasonable construction of the term "natural diminution in the number of pupils" is that whenever the number of pupils enrolled in the schools is decreased either by an actual loss of population, or by reason of discontinuing a class and sending the pupils to another school, thereby render- 368 SCHOOL LAW DECISIONS. ing the services of the teacher of such class unnecessary, there has been a, "natural diminution" within the meaning of the law. A strict construction of section three would prevent Boards of Education from providing for the pupils the thorough and efficient school system guaran- teed to them by our Constitution, would compel the maintaining of schools and classes which had outlived their usefulness, and impose an unnecessary financial burden on the districts. The statute must be so construed that it will permit a Board of Education to close a school or abolish a class which is unnecessary, even though such action results in the dismissal of a teacher who is protected by the Tenure of Service Act. This construction is in accord with the decisions of the Supreme Court in the cases of Paddock vs. Hudson County Board of Taxation, 82, N. J. L. 360, and John Colgarry, vs. Board of Street and Water Commissioners of the City of Newark, 89, Atlantic Reporter, 789. The evidence in the case under consideration shows that the Kindergarten Department of the Newark City Normal School was discontinued for the reason that the necessity for it no longer existed, and that it had ceased 'to be an in- dispensable part of a thorough and efficient school system. The Respondent, having abolished the Kindergarten Department, could legally have dismissed the Appellant from its service. Therefore, her appointment to another position was not contrary to the provisions of the Tenure of Service Act. 2. If "the transfer was permissible, was the reduction in the amount of her salary contrary to the provisions of the act? The resolution adopted by the Respondent, assigning the Appellant as "Kin- dergarten Directress" in the Webster School is not an accurate statement of the action taken. It was not a transfer, but the appointment of the Appellant, who, by reason of the abandonment of the Kindergarten Department, held no position, to a position then vacant. The Respondent has adopted rules govern- ing the salaries of teachers, and the Appellant is receiving the maximum salary allowed by the rules, for the position she holds. There has been no reduction in the salary of the Appellant within the meaning of the Tenure of S*ervice Act. 3. If the 'transfer and reduction of salary were legal, is the Appellant entitled to salary for the month of October, 1910, at the rate of $1,600.00 per annum ? Section 68 of the School Law provides that "no principal or teacher shall be appointed, transferred or dismissed, nor 'the amount of his or her salary fixed * * * except by a majority vote of the whole number of members of the Board of Education." The Respondent assigned the Appellant to her new position at a meeting held October 27, 19 10, and provided that the assignment should take effect as of October 1, 19 10. Action by a Board of Education, under Section 68, is not complete until the vote is actually taken. The Respondent erred in attempting to make the resolu- tion effective as of October 1st, and the Appellant is entitled to compensation at the rate of $1,600.00 per annum up to October 27, 1910, August X7, 1914. SCHOOL LAW DECISIONS. 369 SALARY OF TEACHER UNDER TENURE OF SERVICE ACT. Arthur Wakefield, Appellant, vs. The Board of Education of Hoboken, Respondent. [Decision of the Commissioner of Education.] The Appellant was employed as a teacher in the schools under the control of the Respondent from June i, 1907, to January 30, 1914, but his salary did not begin until September i, 1907, from which date said salary was paid to him each year in twelve equal monthly installments, except the July and August installments, which were both paid in July. He ceased to be a teacher in the schools of Hoboken, by virtue of his resignation, dated January 1, 1914, to take effect on January 30, 1914, which resignation was accepted by the Respondent on January 19, 1914. The Appellant has received five-twelfths of his salary for the year beginning September 1, 1913, but claims that he should have received six-twelfths, for the reason that he taught in the schools of Hoboken for one-half of the time the schools were actually in session during said year. The Appellant further claims that the refusal of the Respondent to pay him the full one-half of his annual salary is a violation of that provision of Chapter 243 of the laws of 1909, which prohibits a board of education from reducing the salary of a teacher "after the expiration of a period of employment of three consecutive years in the district." In the case of Gowdy vs. the Board of Education of Paterson, 84 N. J. L. 231, the Supreme Court held that the resolution of the Board of Education providing that the salaries of teachers should thereafter be paid in twelve monthly installments, instead of ten, as theretofore, resulted in a reduction in Miss Gowdy's salary, and was, therefore, prohibited by the act of 1909. Prior to the passage of said resolution, Miss Gowdy's salary had, for a num- ber of years, been paid in ten monthly installments, and had been so paid prior to the passage of the act of 1909, and for some months subsequent to its passage. It was for this reason, and not merely because Miss Gowdy had per- formed all the duties required of her at the end of ten months, that the Court decided that the action of the Board of Education was illegal. The Appellant in this case has always received his salary in twelve monthly installments, except for July and August. There is nothing in the rules of the Respondent which requires the payment of the August salary in July, but such payment is, by virtue of a special resolution, adopted each year. The conditions are so dissimilar that I am of the opinion that the decision of the Court in Miss Gowdy's case cannot be construed as applying to the case under consideration. Section 106 of the School Law provides that "a Board of Education may make rules and regulations governing the engagement and employment of teachers, the terms and tenure of such employment, and the promotion and dismissal of such teachers and principals 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 governed by the rules and regulations in force with refer- ence thereto." 370 SCHOOL LAW DECISIONS. The section, except as modified by the act of 1909, is still in force. Rule XI of the Board of Education of Hoboken reads as follows : "Salaries shall be paid by the Secretary as nearly as possible on the last Fri- day of the month." This rule was in force at the time the Appellant was employed by the Re- spondent and is still in force. The Appellant has not suffered a reduction of salary, but has been paid the full amount due him. The appeal is dismissed. July 6, 1914. Blanks and Forms For School Officers (371) 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 instrument. 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 annexed have been pre- pared 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. (373) 374 BLANKS AND FORMS Forms for County Superintendents I. (Form No. A25.) — Transfer Certificate For pupils as between districts. County. Transfer Certificate No 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 Superintendent. 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. B12.) — Notice of Institute — Postal Card , N. J., 19.... The Teachers' Institute for County will be held at , beginning 19 and closing 19- ••■ County Superintendent. Rule Prescribed by the State Board of Education. — "All teachers are re- quired 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. 375 111. (Form No. B-13.) — Certificate of Teacher'* 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, davs. County Superintendent Each teacher must keep his or her record of attendance at the Institute on this card, and hand it to the County Superintendent at the close of the Institute. Do not fail to do so, as upon this record will be based the report of the Superintendent to the District Clerk. Date 191— . Present From A. M. to A. M. From P. M. to P. M. From P. M. to P. M. Date 191. Present From A. M. to A. M. From P. M. to P. M. From P. M. to P. M. Date.. 191 Morning Present From A. M. to A. M. Afternoon F.vening From P. M. to P. M. From P. M. to P. M. t I hereby certify that the above record of my attendance at the Teachers' Institute for County, held , 191 . . ., is correct and true. Teacher. School. District, RULES OF STATE BOARD OF EDUCATION. 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. 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 attendance upon said Institute. 376 BLANKS AND FORMS The County Superintendent * * * shall render an exact state- ment 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. IV. (Form No. B20.) — Statement of Expenses , N. J, , 19 To the State Board of Education : Herewith I submit a statement, by items, of the expenses incurred by me in the performance of my official duties as County Superin- tendent 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, SUMMARY. Office expenses, ...... Miscellaneous expenses, .... Expenses incurred in visiting schools, Total, ....... Total number of school-houses in the County, FOR SCHOOL OFFICERS. 377 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, "1 County, j v " ' 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 I this day of , 19... > f * * " " V. (Form No. B3.) — Order on County Collector for the $250,000 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 Appropria- tion of $250,000, for the support of Public Schools in said District, for the School Year beginning July 1st, 19. . . . $ County Superintendent. 378 BLANKS AND FORMS VI. (Form No. B4.) — 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 Appropria- tion for the support of Public Schools in said District, for the School Year beginning July 1st, 19. ., in accordance with the provisions of section 200 of the School Law. $ County Superintendent. VII. (Form No. B6.) — 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 1st, 19. . . . $ County Superintendent. VIII. (Form B7 ) — Order on the County Collector for the Reserve Fund Office of County Superintendent, "1 No , N. J., ,19 f To the Collector of County : Pay to the order of , Custodian of School Monevs of the School District of FOR SCHOOL OFFICERS. 379 dollars, being the amount apportioned out of the Reserve Fund for the support of Public Schools in said District, for the School Year beginning July ist, 19. . . . $ ' County Superintendent. IX. (Form No. B8.)— Order on the County Collector for the Interest of Surplus Revenue Office of County Superintendent, 1 No , N. J., ,19.... J 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 Sur- plus Revenue for the support of Public Schools in said District, for the School Year beginning July ist, 19. . . . $ • County Superintendent. X. (Form No. B9.) — 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 , dollars, being the amount of balance of State Appropriation reap- portioned to said District for the support of Public Schools, for the School Year beginning July 1st, iq. . . . $ County Superintendent. BLANKS AND FORMS XL (Form No. B5.1 — Order on County Collector for State Railroad Tax N.J 19... To the Collector of County : Pay to die order of Custodian of the School Moneys of the School District of dollars, being the amount apportioned out of the State Railroad Tax for the support of Public Schools in said District for the School Year beginning July 1st. 19. . . . $ County Superintendent. XII. (Form No. Bll.) — Notice to District Clerk that Teacher ha« filed Report N. T 19.... To District Clerk : Sir — You are hereby notified that has filed annual report with me. as required by law. County Superintendent. XIII. Form of Certificate Condemning a School-Houie This is to certify that I, the undersigned, have this day condemned Public School-house Xo in the School District of and County of , as being, in its present condition, inade- quate and unsuited to the number of pupils attending or desiring to attend said school. [Here give reasons.] Dated this day of 19 ... . County Superintendent. Approved this day of 19. . . . Commissioner of Education. ' z. — The original should be filed with the District Clerk, a copy retained by the County Superintendent and a copy filed with the Commissioner of Education. FOR SCHOOL OFFICERS. 381 XIV. (Form No. BIO.) — Notice to the Custodian of School Moneys ot Apportionment of School Moneys $250,000 School Fund $ State Appropriation. $... SUPERINTENDENT OF SCHOOLS, 90% of School Tax, $ _ Reserve Fund, $ County. Surplus Revenue, $ Railroad Tax, $ Mr .District Clerk. N.J. Sir — I have this day issued my order on the County Collector, and in favor of your Custodian of School Moneys, for the amount due your district for the School Year beginnnig July 1, 19 , as indicated above. 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 va- cancy until the next annual meeting for the organization of the Board of Education in said district. Dated this day of , 19 County Superintendent. XVI. Notice to the Custodian of School Moneys, Directing Him to With- hold School 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 382 BLANKS AND FORMS No , situated in your School District, said teacher not being in possession of a certificate [or not hazing kept the School Register], as is required by the School Law. Dated this day of , 19. . . County Superintendent. Approved this day of , 19. . . Commissioner of Education. Note. — Original to Custodian of School Moneys. Duplicate remains with Commissioner and County Superintendent. Copy to District Clerk. 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 Dis- trict [here state the reason why the money is withheld]. Dated this day of , 19. . . County Superintendent. Approved this day of , 19. . . Commissioner of Education. See note to XVI. FOR SCHOOL OFFICERS. 383 XVIII. (Form No. B14.) — Notice to Custodian of Payment of School Money and Custodian's Receipt to County Superintendent $250,000 School Fund, $ ~ c- I. . A . .. I Superintendent of Schools. State Appropriation, $ 90% of School Tax, $ Reserve Fund, $ Surplus Revenue, $ Railroad Tax, $ County. Mr. Custodian of School Moneys. N.J. Sir — Please find enclosed an order on the County Collector in your favor for the amount due your District for the School Year beginning July 1st, T9..., as indicated above. County Superintendent. $250,000 School Fund, $ TO State Appropriation, $ 00% of School Tax, $ Reserve Fund, $ Railroad Tax. $ Surplus Revenue, $ Mr County Superintendent, N.J. Sir — I beg leave to acknowledge the receipt of an order on the County Collector in my favor for the amount due this District for the School Year beginning July 1st, 19. . ., as indicated above. Custodian of School Moneys for the School District of , XIX. (Form A15.) — Notice of Annual Meeting NOTICE! Notice is hereby given to the legal voters of the. School District of the of .in the County of. ....... . .that the annual meeting for the election of members of the Board 384 BLANKS AND FORMS of Education will be held at , on Tuesday, March , 191 . . ., 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 Manual training The total amount thought to be necessary is $ The following propositions will also be submitted : Dated this day of March, 191 . District Clerk. Note. — "A member of the 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 be- coming a member of such Board, and shall be able to read and write." — School Law, Sec. 88. Women may vote for everything except for the election of members for the Board of Education. XX. (Form No. A22.) — 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 ; FOR SCHOOL OFFICERS. 385 that the said shall begin teaching on the day of , 19. ... ; that the said holds a valid grade 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 posi- tion, will exhibit certificate to the Super- intendent of Schools of the in which such school is 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 notice in writing of its (Here insert length of time.) 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 school by the Board of Education and the Superintendent, or Principal, or Supervising Principal. Dated this day of , 19 Board of Education of the President, School District of County of Teacher. Note. — A written contract is not required in the case of a teacher whose tenure is fixed by the Tenure of Office Act. 3# BLANKS AND FORMS XXI. (Form No. A28.) — 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 1st, 19 there has been raised by in the School Dis- trict 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 raised by District Tax or appropriated for such purpose. This application is made in accordance with the provisions of Ar- ticle XXII. of the revised School Law, and upon our certification 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 accord- ance with the further provisions of said article. President of the Board of Education of School District of County of Attest : Secretary or District Clerk of the Board of Education. The address of the custodian of school moneys is Before sending this application be sure your Manual Training Report for the last school year has been sent to the Commissioner of Education as required. (Manual training application and reports are to be sent to the Chief Clerk of the State Department.) XXII. Notice for a Special District Meeting Notice is hereby given to the legal voters of the School District of , in the County of , that a special School meet- ing will be held at on the day of , 19. . . ., at o'clock in the noon, at which meeting will be submitted FOR SCHOOL OFFICERS. 387 the following questions [here particularly specify each item of busi- ness 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 hoard of education to purchase or take and con- demn land and to erect a school-house thereon, and to purchase 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 expense of such erection, alteration or repair ; 1 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 principals', teach- ers', janitors' and medical inspectors' salaries, fuel, text-books, school supplies, flags, transportation of pupils, tuition of pupils at- tending school in other districts with the consent of the board of education, school libraries, compensation of the district clerk, of the custodian of school moneys and of truant officers, 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. 388 BLANKS AND FORMS 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. 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. of said School District of , from 19 to , 19. . . . $. . . . , President. ') Board of Education of the , District Clerk. J 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 prescribed. The Custodian of School Moneys should invariably refuse to pay orders until he is satisfied that all these conditions have been complied with. FOR SCHOOL OFFICERS. 389 XXVI. 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 XXVU. Notice by District Clerk to County Superintendent of the Election of Members of Board of Education To , County Superintendent : Sir — The legal voters of at the annual school meeting 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. 19. 19. 19. 19. 19. 19. The Board has organized by the election of Mr President, Mr , as Vice-President, and Mr. as District Clerk. as District Clerk. Note. — This notice should be sent to the County Superintendent within five day9 after the organization of the Board. 390 BLANKS AND FORMS XXVIII. Report of District Clerk to County Superintendent 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 : 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 : <»n 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 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 meet- ing 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 Dis- trict, 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. State of New Jersey. ] County of \ ss ' being duly sworn, on his oath saith that he is the District Clerk of the School District of the of FOR SCHOOL OFFICERS. 391 in the County of , and that the above statement by him is correct and true. Sworn and subscribed before me this day of , '9 XXIX. 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 (ii , 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 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 re- sult of said meeting having been filed with the County Superintend- ent of Schools in the manner required by law, you are therefore directed to assess the said sum of dollars on the inhabi- tants of said School District, and their estates, and the taxable prop- erty therein, pursuant to the statute in such case made and provided. Dated this day of , 19 District Clerk. 392 BLANKS AND FORMS 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. Sworn and subscribed before me this day of 19 Notes to XXII and XXIII. — The certificate must state for what object or objects the money is raised. 3 Vroom 444. If more than one object is specified, 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 express 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. Affidavit to Bills Presented to a Board of Education State of New Jersey, County, J , 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 nor received 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, f this day of , 19. . . . D. C. FOR SCHOOL OFFICERS. 393 Calendar for School Elections and Duties. 1. State Board of Education. — Meets on the first Saturday of each month. 2. State Examinations. — Held on the last three Saturdays in April and the first three Saturdays in November. 3. Boards of Education. — Elected on the third Tuesday in March, annually, must organize on the first Monday in April and should meet at least once in two months during the period that the school shall be in session. 4. District Clerks.— Elected to take office July first. 5. District Meetings for Voting District Tax. — Held on the third Tuesday in March, annually, or at the call of the Board of Educa- tion. 6. Report of the State Board of Education to the Governor. — ■ On the first Tuesday in December, annually. 7. Report of the Commissioner of Education to the State Board of Education.— On the first Saturday in December, annually. 8. Report of County Superintendent to the Commissioner of Education. — On or before the first of September, annually. 9. Report of the District Clerks to County Superintendent.— On or before the first of August, annually. 10. Report of Teachers to Board of Education. — At the close of each quarter's teaching, or as directed by the rules of the Board. 11. Financial Statement of Tozvnship Collector to Township Committee and County Superintendent. — On or before the first of August, annually. 12. Financial Statement of District Clerks to Township Com- mittee. — On or before the first of August, annually. 13. Financial Statement of District Clerks to the County Super- intendent. — On or before the first of August, annually. 14. Assessor Makes Returns to Collector. — Within fifteen days after the first Monday in September, annually. 15. State School Tax. — To be paid to the State Treasurer on or before the twentieth day of January. To be paid to the County Collector on or before the twentv-second dav of December. 3 c>4 BLANKS AND FORMS 10. School Tax. — Collected and due the Board of Education by the twenty-second day of December, annually. 17. Apportionment of the State Appropriation to Coun-ties. — Made on or before the fifteenth day of February, annually. 18. Report of Teachers Employed. — Made by the Board of Edu- cation to the County Superintendent on or before March fifteenth, annually. K). Apportionment of the State Appropriation and Township School Taxes to the District.- — Made by the County Superintendent on or before the first day of April, annually. 20. State Appropriation. — Two hundred thousand dollars paid in November, and the State school tax in the month of January following, the railroad tax collected paid September first, and bal- ance October twenty-fifth. 21. Agricultural College. — Candidates examined by the County and City Superintendents on the first Saturday in June. 22. School Holidays. — First day of January, Lincoln's birthday, Washington's birthday. Good Friday, Memorial day, Fourth of July, Labor day, Columbus day, Thanksgiving day, Christmas day, any day upon which a general election shall be held, and also any day set apart by proclamation of the Governor of this State or the President of the United States for the purposes of public observance. 23. Patriotic Exercises. — Held on the last school day preceding Lincoln's birthday, Washington's birthday, Decoration or Memorial day and Thanksgiving day. 24. School Year. — Commences on the first day of July and ends on the thirtieth day of June. 25. Library Year. — The school library year, the teachers' library year and the year for appropriations for manual training coincide \vith the State fiscal year, and begin on the first day of November and end on the thirty-first day of October. FOR SCHOOL OFFICERS. 395 XXXI. (Form A32.) — Directions for Bonding a District 1. There must be a meeting of the Board of Education, notice of which must have been given to each member. The notice may be given verbally or by mailing a written notice. If the latter, the notice must be mailed in ample time to be received before the time fixed for the meeting. At thai meeting the Board of Education must decide on the amount of money thought to be necessary. If land is to 1>e secured, 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 resolutions to be inserted in the notices to be posted by the District Clerk, and the places, other than the schoolhouses, 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 Meet- ing, and at such adjourned meeting should adopt resolutions neces- sary to carry into effect the resolutions adopted by the legal voters. The Board must determine the rate of interest, but not to exceed six per cent., and the bank at which the principal and interest are to be paid. A resolution that the rate of interest shall not exceed a certain per cent, is not sufficient. 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 on the ballots. If this is done, and the legal voters reject one proposition and adopt the other, the number and denomination 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 meeting 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 condemned, the plot or plots thought to be suitable by the Board of Education must be described in the notices. A resolu- tion authorizing the Board of Education to purchase a lot will not 396 BLANKS AND FORMS authorize it to secure the lot by condemnation. The Board of Edu- cation may submit more than one site, in which case each plot must be described 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 Education. 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 or condemnation of land, and what portion for building, furniture and other necessary equipment. The cost of fencing, grading and supplying drinking water is to be included in the appropriation for the erection of the schoolhouse ; 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. 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 secretary cannot be authorized to cast the ballot. The ballots must contain in full the several propositions 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 sealed package, endorsed with the name of the district, the name of the county in which the district is situate, and the date on which the meeting was held. The package must be sealed as soon as the bal- lots are counted and the tally-sheet signed and before leaving the place where the election was held, and forwarded to the County Su- perintendent of Schools within five days after the date of the meet- ing, together with a statement of the result of the meeting, signed FOR SCHOOL OFFICERS. 397 by the chairman and secretary. Envelopes for this purpose can be obtained from the County Superintendent. The statement of the result of the meeting must not be enclosed in the envelope containing the ballots, poll-list and tally-sheet. 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 Dis- trict Meeting, attested by the secretary of the meeting, and two copies of each kind of ballot used, attested by the secretary of the meeting, must be sent to this office- — one copy to be approved by the Attorney-General and tbe 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. In mak- ing reports, only such business as relates to the purchase of land, building, furnishing and equipping the schoolhouse and bonding the district need be inserted in the copies of the minutes of the meetings of the Board of Education and legal voters. The minutes of the District Meeting must show the number of votes cast for and against each proposition, whether said proposition be adopted or rejected. In the blank" for the report of the proceedings of the District Meet- ing, 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 of the Attorney-General must be secured before the bonds can be legally issued, whether the money is to be bor- rowed from the State School Fund or from private parties. Bonds cannot be sold at private sale except to the Trustees of the School Fund, unless they have been offered to said Trustees and their pur- chase refused. 8. The total amount of bonds, including bonds outstanding, can- not exceed three per cent, of the taxable property in the district. Bonds must be made payable in not more than thirty years from date of issue. 9. When district bonds have been issued, the District Clerk must, when any bond is paid and canceled, forward said canceled bond to the Commissioner of Education, as required by law. 398 BLANKS AND FORMS Form of Ballot. District School Meeting iXam<> of District.) 19- ••• i. Resolved, That the Board of Education be authorized to pur- chase as a lot on which to build a school-house, the plot of land situate as follows : The cost of 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 purchase said furniture and equipment, the Board of Education be authorized to issue bonds of the district in the corporate 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 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 take and condemn land is requested, the notice and ballot must contain the words "or take and condemn" after the word "purchase" in each resolution. All propositions submitted must be on the same ballot. A separate ballot for each proposition will invalidate the proceedings. FOR SCHOOL ( >FFICERS. 399 APPLICATION FOR LOAN FROM STATE SCHOOL FUND. To the Trustees for the Support of Public Schools: The Board of Education of the of , in the County of in the State of New Jersey, ask to borrow of the Trustees for the Support of Public Schools the sum of dollars, for the purpose of purchasing land, erecting a school-house, and purchasing school furniture and other necessary equipment, and offer as security for the said loan bonds of the school district to the amount at par of said loan. Official title of bond Amount of issue Date of bonds. Maturity, Average time (be exact) years. Rate Payable annually and Denominations, $ Where are principal and interest payable? Registration as to principal — by whom and where? Price (be exact) Yielding (be exact) % Statistics. Real valuation, estimated $ Assessed valuation, 191 . . . , $ Total bonded debt, including this issue, $ Water debt $ School debt $ Sinking fund $ Net debt, $ Floating debt in addition, $ Population, 1910 census 191 Estimated, Percentage of debt to valuation (be exact) % Delivery of bonds, Remarks. We submit herewith a copy of the proceedings had at said meet- ing of said inhabitants, a copy of the minutes of the meeting of the Board of Education of said district at which the posting of the no- 4 oo BLANKS AND FORMS tices calling said meeting of the inhabitants was ordered, a copy of the notices calling said meeting duly verified by affidavit, and the ap- proval of the Attorney-General as to the legality of said proceeding. Dated , N. J., , 19 D. C. Board of Education of Pres. Countv of MINUTES OF THE MEETING OF THE BOARD OF EDUCATION. Pursuant to notice given to each member, the Board of Education 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 accommoda- tions now provided in this district are inadequate and unsuited to the number of pupils attending or desiring to attend school ; and Whereas, It is the opinion of this Board that in order to provide adequate and suitable school accommodations, a plot of land should be secured, a new school-house erected, and school furni- ture and other necessary equipment purchased, and that the amount necessary for the foregoing is thought to be the sum of dollars ; therefore Resolved, That a meeting of the legal voters of the school district 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 following 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: FOR SCHOOL OFFICERS. 401 The cost of said plot shall not exceed the sum of dollars. To authorize the Hoard 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 he necessary for the foregoing is dollars. To authorize the Board of Education to borrow the money or- dered 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 , [Q . . . , at o'clock District Clerk. State of New Jersey, , ss. County of. . . . 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 said Board consists of members, and that it is incorporated under section 84 of an act entitled "An act to establish a thorough and effi- cient system of free 'public schools, and to provide for the mainte- nance, support and management thereof," approved October 19, 1903. and that the foregoing is a true copy of the proceedings and resolutions had and adopted by said Board of Education at a meet- ing held on the day of , 19. . . . , so far as said proceedings and resolutions relate to the calling of the meet- ing of the legal voters of said district, to be held on the day of 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.) 4 o2 BLANKS AND FORMS Sworn and subscribed before me. this day of , 19. . . . NOTICE. Notice is hereby given to the legal voters of the School District of the of , in the County of that a meeting of the legal voters of said School Dis- trict will be held at on the day of , 19. . . ., at o'clock in the , at which meet- ing 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: 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 foregoing is dollars. To authorize the Board of Education to borrow the money or- dered 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 -hall direct. District Clerk. Dated , 19 FOR SCHOOL OFFICERS. 403 State of New Jersey, i County of } 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: and that the notices were posted in all respects according to law. Sworn and subscribed before me, the \- day of , 19. . . . 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 secretary 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 purchase, 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 404 BLANKS AND FORMS 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 fur- niture and equipment the Board of Education be authorized 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 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, ) c ounty of \ being duly sworn, on his oath saith that he was the secretary of the meeting of the legal votes of the of in the County of held on the day of , 19. .. and that the foregoing is a true copy of the proceedings and resolutions had and adopted at said meeting; that all votes taken at said meeting were by ballot, and that he has forwarded to the County Superintendent of Schools a statement of the result of said meeting, together with a sealed package contain- ing the ballots, poll-list and tally sheet used at said meeting, as re- quired by section 96 of the Revised School Law. FOR SCHOOL OFFICERS. 405 Sworn and subscribed before me, this day of , 19. . . . BALLOT. Here insert a copy of each style of ballot used at the meeting of the legal voters. ss. State of New Jersey, County of being duly sworn, on his oath saith that he was the secretary of the meeting of the legal voters of the of , in the County of , held on the day of , 19. ... , and that the foregoing true cop of the ballot used at said meeting. Sworn and subscribed before me, this I day of 19. . . . Secretary. MINUTES OF THE MEETING OF THE BOARD OF EDUCATION. An adjourned meeting of the Board of Education of the ... of in the County of was held at on the day of 19 .... , BLANKS AND FORMS o'clock in the pursuant to a resolu- tion adopted by said Board at a meeting held on the day of 19 There were present Messrs On motion of Mr the following preamble and resolutions were adopted: HKKF.AS, At a meeting held on the day of 19. . . ., the legal voters adopted resolutions authorizing this Board purchase a certain plot of land for school purposes; to erect on said plot a school-house ; to purchase for said school-house the school furniture and other necessary equipment, and to borrow the money needed for the same by issuing school district bonds ; therefore be it Resolved, That this Board purchase from the plot of lar d - at a cost not to exceed the sum of dollars. Resolved, That this Board erect on said plot a school-house, said house to be built of and to contain rooms, and to purchase for said school-house the school furniture and other necessary equipment The cost of said school-house, furniture and equipment not to exceed the sum of dollars. Resolved, That for the ptu of securing the money needed to purchase - A, to erect said school-house and purchase said fur- niture and equipment, this Board issue bonds of the :rict, in the corporate name of the district, in the denomination dollars each ; that one bond shall be issued for vear. one for vears, that the rate of interest shall be per cent, per annum. payable semi-annually on the days of and and that the principal of and interest on said FOR SCHOOL OFFICERS. 407 bonds shall be payable at the Bank at as they severally become due and payable. Resolved, That this Board adjourn to meet at on the day of , at o'clock. to take such further action as may be necessary to carry into effect the foregoing resolutions. State of New Jersey, r SS. County of. . . . 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 and that the forego- ing 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 Sworn and subscribed befc me. this • day of , 19. . . . Note. — In order that these papers shall be a correct record of the proceedings. ross ; :h red ink any item not actec on. XXX11. (Form A36 ) — Affidavit of Member of Board of Education State of Xew Jersey, ) County of being duly sworn, on oath saith. that is a citizen and resident of the territory contained the School District of that has been a .ren and resident thereof for at least three years irr. f preceding election as a member of the Board of Educa- tion of said District:, that is able to read and write., and that will faithfully discharge the duties of a member of the Board of Education of said District. orn and subscribed bef r« this dav of 191 4 o8 BLANKS AND FORMS XXXIII. (Form No. A41.) — Transfer Card No pupil will be admitted to a class from another class, after the opening of School, without this card. This Certifies, that was a member of Grade in School. Last attended in this room, A. M. P. M. 19 *Total days of actual attendance to date Teacher. For use in this School District only. *The Teacher receiving this pupil will enter the "Total to date of days' attendance" in the 7th column on the register page for the month the pupil is entered for attendance. XXXIV. (Form No. A39.) — Register Shipping Letter This letter must be filled out, signed, and placed in shipping tag envelope and tied securely to the package of registers, and for- warded to Trenton by express. Send Registers by prepaid express. Date Calvin N. Kendall. Commissioner of Education, Trenton, N. J. Dear Sir — In the enclosed package find all the registers (No. ), official white cards (No ), and Principals' cards (No ), kept by teachers in the schools of District, County, for the School year 191 .... 191 .... I have carefully examined the registers as required by law (Article VIII, Section 120), and certify that they are correct; also that the official cards are properly filled out and signed. I hereby make application for allowance (See School Law, Arti- cle XVII, Section 182, Par. 11) for the following schools: Name of School. Number. Reason. Number of Days. Signed District Clerk. Post Office Express Office FOR SCHOOL ( >FFICERS. 409 On receipt of the registers in Trenton, you will receive a register receipt card showing that the package of registers has been received, and if you do not receive the receipt within five days after shipment, start tracer. XXXV. Bond to be Issued for Loan SCHOOL RONH. N T o 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 Terser, 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 \ T . J., with interest therefor from the date hereof, at the rate of 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 aggregate to dollars, numbered from to , both in- clusive ; and all of said bonds have been issued for money borrowed by said Board under the provisions of Article VII., of an act en- titled "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 19th, 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 (a) Bonds may be registered or coupon. If registered the bond should so state and the coupons omitted. 410 BLANKS AND FORMS 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 of Education of the or County of : Interest warrant for dollars, payable at the bank of N. J., to bearer , 19 for six months' interest on Bond No D. C. XXXVI. 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 ( onvenient 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 suitable 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 meet- ing, one copy thereof being posted on each school-house in the dis- trict, and one copy thereof at each of the following-named public ces therein : on the day of , 19 The said legal voters so met, by the consent of a majority of those present, ordered raised FOR SCHOOL OFFICERS. 41 1 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 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 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, pur- suant 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, ) r* J ' [SS. 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 '9 XXXVII. 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 4 i2 BLANKS AND FORMS .... 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 suitable 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 meet- ing, one copy thereof being posted on each school-house in the dis- trict, 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 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 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, pur- suant 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 *\ ss ' , 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. 413 Sworn ami subscribed before me this day of [9, XXXVIII. Notice to be given by the Secretary of a District School Meeting to the Members-Eiect To : You are hereby notified that at the annual school meeting in the School District of in the County of , held on the day of , 19. ... , you were elected a mem- ber of the Board of Education in said district. Dated this day of , 19 Secretary of said meeting. XXXIX. Form of a Lease / Know all men by these presents, that A. B., of the of , in the County of , in the State of New Jersey, of the first part, for the consideration herein mentioned, does hereby lease unto "The Board of Education of the of , in the County of ," in the State aforesaid, party of the second part, its successors and assigns, the following- described parcel of land : [Here insert description of land.] Together with all the privileges and appurtenances thereunto be- longing: To have and to hold the same for and during the term of years from the day of , a. d. u>. . . ; and the said party of the second part, for itself, its sue cessors and assigns, does covenant and agree to pay the said party of the first part, for said premises, the annual rent of dollars. In testimony whereof, the said parties have hereunto set their hands and seals, this day of , 19 A. B., Lessor. President. District Clerk. 4i4 BLANKS AND FORMS XL. Form of a Deed of a School-House Site Know all men by these presents, that A. B. [and C. B., his wife, if married], in the of , in the County of , in the State of New Jersey, party of the first part, for and in consideration of the sum of dollars, to them in hand paid by "The Board of Education of the of , in the County of ," and State aforesaid, party of the second part, the receipt whereof is hereby acknowledged, do hereby grant, bargain, sell and convey to the said party of the second part, its successors and assigns, the following-described piece of land, namely : [Here insert description of land.] Together with all the privileges and appurtenances thereunto be- longing: To have and to hold the same to the said party of the second part, its successors and assigns forever; and the said party of the first part, for themselves, their heirs, executors and adminis- trators, do covenant, bargain and agree, to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance in the law in fee-simple, and that the said lands and premises are free from all incumbrances whatso- ever ; and that the above bargained premises in the quiet and peace- able possession of the said party of the second part, its successors and assigns, against all and every person or persons lawfully claim- ing or to claim, the whole or any part thereof, the said party of the first part will forever warrant and defend. In witness whereof, the said A. B. and C. B., his wife, party of the first part, have hereunto set their hands and seals, this day of , a. d. 19 Signed, sealed and delivered in presence of E. F. A. B. [seal.] C. B. [seal.] Note. — Such deeds should be duly acknowledged before a judge, commissioner of deeds, master in chancery or other officer authorized by law to take such acknowledgment, and recorded in the office of the county clerk. The bond and mortgage given by the Board of Education to secure payment of part of purchase- money may be in the usual forms, and for the execution of deeds, mortgages and bonds each district should have a corporate seal. Notes given for borrowed money should be in the name of the district and signed by the President and District Clerk. FOR SCHOOL OFFICERS. 415 XLI. Contract for Building a School -House Contract made and entered into between A. B., of the County of State of N r evv Jersey, and "The Board of Education of the of , in the County of " State of New Jersey. In consideration of the sum of one dollar in hand paid, the receipt whereof is hereby acknowledged, and of the further sum of dollars, to be paid as hereinafter specified, the said A. B. agrees to build a frame school-house and to furnish the materials therefor, according to the plans and specifications for the erection of said house hereto appended, as such point in said district as the said board may designate. The said house is to be built of the best ma- terial, in a substantial, workmanlike manner ; and is to be completed and delivered to said Board, free from any lien for work done or materials furnished, by the day of , 19. ... ; and in case the said house is not finished in the time herein specified, the said A. B. shall forfeit and pay to the said Board, for the use of said district, the sum of dollars, and shall also be liable for all damages that may result in consequence of such failure, and said Board may finish the building and charge the cost of the same to the said A. B. The said Board hereby agrees to pay the said A. B. the sum of dollars when the foundation of said house is finished, and the further sum of dollars when the building is ready tor the roof; and the remaining sum of dollars when the said house is finished and delivered, as herein stipulated. It is further agreed, that this contract shall not be sublet, trans- ferred or assigned without the consent of both parties. Witness our hands this day of , 19 A. B., Contractor. , President. District Clerk. Note. — In building a school-house, it is all-important to secure a plan of the building, with full specifications as to its dimensions, style of architecture, num- ber and size of the windows and doors, quality of materials to be used ; what kind of roof ; number of coats of paint : of what material the foundation shall be constructed; its depth below, and its height above the surface of the ground; the number and style of chimneys and flues; the provisions for ventilation; the number of coats of plastering, and style of finish, and all other items in detail that may be deemed necessary. The plan and specifications should be attached to the contract, and the whole filed with the District CleTk. Before the building 4 i6 BLANKS AND FORMS is com'menced, the contract and specifications should be filed in the office of the county clerk to prevent liens. All plans and specifications must be submitted to the State Board of Education for approval, and copies of all contracts must be filed with the State Board of Education as soon as executed. XLII. Form of Note for Money Borrowed , N. J., ,19.... days after date, "The Board of Education of the of in the County of ," State of New jersey, promises to pay to , or order, dollars, with interest from the date thereof, at the rate of per cent, per annum. This note is given for money borrowed by said Board for the purpose of pursuant to the statute 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 19th, 1903, and by the consent of the inhabitants of the said district lawfully given, at a meeting lawfully held on 19 President. Attest : District Clerk. XLIII. Duties of District Clerk 1. To prepare and post Notices for annual district meeting. Notices for special district meeting. 2. To prepare and deliver notices for meetings of the Board of Education. 3. To act as secretary of the Board of Education. 4. To record, in a book provided for that purpose, all the proceed- ings of Board of Education meetings and district meetings. FOR SCHOOL OFFICERS. 417 5. To keep an account of the finances of the district, and to report .it each regular meeting of the Board of Education. 6 To pay out all moneys by issuing orders on the Custodian of School Moneys. 7. To make a financial report to County Superintendent. 8 To make a report of the transactions of the Board for the year to the annual district meeting for the election of members of the Board of Education. 9. To prepare and forward the annual report of the County Superintendent. to. To notify Count} Superintendent and township assessor of the amount of district school tax ordered. i i . To notify County Superintendent of the election of members of the Board. r2. To buy fuel, text-books and such other articles as the Board may direct. 13. To deliver to his successor all records and papers belonging to the district. XLIV. (Form No. 34.) — Certificate that Child has Attended School I hereby certify that I am Principal of School No , in the of County of , and that [name of child] is the [son, daughter or ward] of [name of parent or guardian], residing at [street and city] ; that to the best of my knowledge and belief, said [name of child] is years of age; and said [name of child] has attended school under my charge, five days a week, for weeks, during the year preceding the date of this certificate. Dated 19 Principal. 4i8 BLANKS AND FORMS XLV. Teacher's Report to the County Superintendent when Leaving a School Before the End of the School Year Report of the Teacher of Public School No , in the of. . . , in the County of , for the portion of the School Year commencing ist, 19. . . ., and ending , 19 [The body of the Report same as Annua! Report in the Register.] To , County Superintendent for County : Being about to leave my present school, I respectfully present the above record and statements as my report for the expired por- tion of the present School Year, as required by the laws of this State ; which report I hereby certify has been carefully made out from the records contained in the School Register. Teacher. Note. — The law requires that a duplicate of the above report shall be made to the District Clerk. XLVI. Teacher's Report of the Suspension of a Pupil to the Board of Education To , District Clerk of the Board of Education of the of , of the County of : Sir — You are hereby notified that I have this day suspended from my school , for [here state the cause for suspension]. Dated this day of 19 Teacher. Note. — The School law requires every suspension to be reported to the Board of Education. . te 1 | L ' •O ~0 -- C-3 ** > c o "I c *"• 3 JC1 r r 3 *- CO O > "» .5 v> o ? a *-< o I- _ CD i,j > -«i Q £1 bi05£ " AC on a > (0 ns 1 a M« p% a. ""* T> | o X ■ r^ ^ o CO r^ = < z > s 73 i hi to a> < u >- (0 •a i— *■» -V > •-! © ■s- > m o E o CO > | CO «a- >» CO ui a < > " "a. a CO o. ZH «»- ""■ O C • .2 a eg o £ c/> IA ■ " ' O CO o < — — ~ > > > > > < O (0 < -9 Q < CO c o 420 BLANKS AND FORMS ■E V- — O C — u o c -5 c fi w C c c - u 9 T3 u is o ec o a — ■5 c o s v. - w ■w w s — — S B D ■n «£ X ~ ° ■tJ.g O O D M •a o c s c rt e ° = M c -0: -t-j C/j A Q •0 < s w u. > 1- a o It a. — < O O rf "o c .2 o -5 o •a u rt O PQ V o 2 c < U I— ( 1— » (/3 C/3 < U c o CO 3 a, 60- S c .£? u - o —. O re »*- •c B be .5 re 0) ►J .3 c c a re o o JS u 03 s c 1—1 re c « e ■a c c E B c s- SP-a re S o 3 'S 'ZS S o r _' «5 W C o l> o -a js 2i C/5 ■■S 3 «> .•a 3 • ^ .« a "3 • J - • E _e rt u o "S & ^ J 3 ac a. 3 „ (A 3 . o M>-r' B ^ *u "c 'a o o ^3 3 u C c^ 3 S H- re o H 1 u. 1 a O g c FOR SCHOOL OFFICERS. 421 XLIX. (Form No. A49.) — Notice Extract from an act entitled "An Act concerning disorderly persons" (Revision of 189S). 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 fences or outhouses belonging to or connected with such build- ing or lands, or shall disturb the exercises of such public school, or molest or give annoyance to the children attending such school, or any teacher therein, shall be deemed and adjudged to be a disorderly person. By order of the Board of Education. (Form A42.) Application for Approval of School-House Plans Date Calvin N. Kendall, Secretary State Board of Education, Trenton, N. J. My Dear Sir: Herewith I submit for examination and approval the plans and specifications in duplicate for the proposed (New school-bouse or addition.) to be known as Name of School Street Location School District of , County of. No. of Sheets of Building Blue Prints 422 BLANKS AND FORMS No. of Sheets of Heating and Ventilation Blue Prints No. of Rooms \ ™! , Basement I Brick or Frame / without \ (Cross out one.) \ . , Auditorium I Brick or Frame ( without ) (Cross out one.) Money Available, $ Estimated Cost of Building, $ H. and V., $ Seating, $ Total, $ Architect's Name Address The District Clerk is Address In drawing these plans and specifications I have fully complied with all the requirements of the New Jersey School Law in refer- ence to school buildings. (Signature.) FOR SCHOOL OFFICERS. 423 Compulsory Education Forms. (Form A51.) Copy of Documentary Proof of Age I hereby certify that this is a true copy of the (Birth or baptism record, or pasBport.) of , who is an applicant for age (Name of child.) and schooling certificate in the school district of , county of COPY. ( Officer issuing certificate.) (Form A52.) — Certificate of Educational Qualification This certifies that has attended the (Name of child.) school in the school district of for a period of days in the twelve months next preceding the appli- cation for this certificate, and that has completed (He or she.) a course of study equivalent to five yearly grades in reading, writ- ing, spelling, English language and geography, is able to read intel- ligently and write legibly simple sentences in the English language, and is familiar with the fundamental operations of arithmetic up to and including simple fractions. Name of child Date of birth Parent or guardian Address Color of child Sex Color of hair Color of eyes Height Weight Signed : Principal of .... School district of. County of Date of issue 4 2 4 BLANKS AND FORMS (Form A53.) Certificate of Physical Qualification This certifies that, in accordance with Article XV of the New Jersey School Law, I have this day personally examined , (Name of child, i who is an applicant for an "'age and schooling certificate" in the school district of and that I find to (Name of school district.) illim or her.) have die normal development of a child of age, and 1 1 lis or her.) that is in sufficiently sound health and physically able (He or she.) to be employed in any of the occupations in which a child between the ages of fourteen and sixteen years may legally be employed. Medical Inspector. School district of County of Dated 19 (Form A54.) Application for Physical Examination of Child to Determine Age To the Board of Education of school district, county of I hereby respectfully request that a physical examination be made son of my daughter , who resides at street, school ward (Name of child.) district of , and who, to the best of my knowledge and. belief, was born in the city or town of , county of and State of on the of (Day.) (Month or year.) I do solemnly swear that I have been unable to secure any docu- mentary proofs of age as specified in paragraph a, b or c of section three in Article XV of the New Jersey School Law. ((Parent or guardian. 1 Subscribed and sworn before me this day of . . . (Officer issuing certificate.) Additional information which may be of assistance in determin- ing the age of the above-named child to be filled out by parent or guardian. n )R S< HOOL ( )FFI( ERS. 425 (Form A-55.) Physicians' Certificate of Age We, the undersigned physicians, officially designated by the Board of Education of school district, county of in accordance with paragraph (d), section three. Article XV of the N'ew Jersey School Law. to examine , (who is) an I Name i>r child.) applicant for an "age and schooling certificate," in order to deter- mine the age of such child, do hereby certify that we have separately examined who resides at street, in the (.Name of child.) school district of and find that is at (He or she. least fourteen years of age. (Signature of physician.) (Signature of physician.) Dated 19 (Form A56.) Employer's Certificate This is to certify that ha. . . .employed at a weekly salary of $ , that said is em- ployed as that said employment began (Mate nature of work.) 191 ... ., and that ... .he has surrendered to the age and schooling certificate issued to dated , 191 Dated , 191 (Employer.) Note. — This certificate is to be filled out by the employer and returned to the Supervisor of School Exemption Certificates within two days after the child begins work CHAPTER 223, LAWS, SESSION OF 1914. 12. The supervisor of school exemption certificates shall give to each child to whom an age and schooling certificate is issued a blank form of "employer's cer- tificate" which shall be filled in by the person employing said child, setting forth the nature of the work the child is to do, the date the child starts work, and also the salary a week to be paid the child, which form, correctly filled out, shall within two days, be surrendered or returned by the person, firm or corporation employing said child to the supervisor of school exemption certificates of the district in which the child resides. The child, upon securing employment, shall surrender the age and schooling certificate to his employer who shall retain said certificate during the time said child is in his employ ; said employer shall, within two days after the child is discharged or ceases to work for him, sur- render or return the age and schooling certificate to the supervisor of school 426 BLANKS AND FORMS exemption certificates of the school district in which said child resides, who shall file the same in his office and keep said certificate until such time as the child shall again secure employment. If, however, said employer does not know or cannot find the location of said child's residence, he shall surrender or deliver the age and schooling certificate to the supervisor of school exemption certificates for the district in which the business of the employer was located, and said supervisor of school exemption certificates shall make inquiry and search for said child, and if he cannot find where said child resides, he shall return the certificate to the supervisor of school exemption certificates who issued the samt. Whenever a child shall find other employment it shall apply to the supervisor of school exemption certificates of the school district in which said child lives for the return of the age and schooling certificate, together with a blank form of employer's certificate, and the employer shall retain and file in his office said age and schooling certificate, and fill in and return the employer's certificate as provided above. Any person, the members of any firm or the officers or agents of any corporation failing to comply with the provisions of this section of this act shall be deemed and adjudged to be a disorderly person or persons, and upon conviction thereof, shall be fined not to exceed twenty-five dollars, cr imprisoned in jail, not to exceed thirty days, or both. Whenever any age and schooling certificate or any age and working certificate shall have been cancelled as provided in section ten of this act, the board of education cancelling said certificate shall immediately notify the Commissioner of Education, the Commissioner of Labor and the person or corporation by whom the child is employed of its action, and said person or corporation shall imme- diately upon receiving said notice forward said certificate to the Commissioner of Education. (Form A57.) Age and Schooling Certificate * No. of Certificate School district of County of This certifies that m accordance with Article XV of the New Jersey School Law there has been filed in my office the following proofs of age, school attendance, educational qualification and phys- ical ability of Name Date of birth Color Sex Color of hair Color of eyes Height Weight Place of birth Present address Distinguishing facial marks Parent Residence of Parent PROOF OF AGE. Proof of age has been filed in accordance with paragraph that is at least fourteen years of age. (a, b, c or d " tNarue of child.) ♦Triplicate form — Original, Office Duplicate and for Department of Labor. FOR SCHOOL OFFICERS. 427 EDUCATION. A certificate has been filed from Principal of 1 Name of i chool. .1 certifying that the above-named child has attended for (Name of school.) a period of 130 days during the twelve months preceding this appli- cation ; that is able to read intelligently and write legibly (He or she.) simple sentences in the English language, and that has 1 lie or she.) completed a course of study equivalent to five yearly grades in read- ing, writing, spelling, English language and geography, and is fa- miliar with the fundamental operations of arithmetic up to and including simple fractions. PHYSICAL CONDITION. A certificate has been filed from Dr , Medical In- spector of School, certifying that the above-named child has been examined, and, in opinion, has the normal 1 1 1 is or her.) development of a child of the age, and is in sufficiently sound health and physically able to be employed in any of the occupations in which a child between fourteen and sixteen years of age may legally be employed. Signature of child Granted this day of 19. . . . (Name of officer granting certificate.) (Title of officer.) (Form A59.J Legal Notice to Parent or Guardian to Send Child to School School District of To (Name ol parent, guardian or oilier person having control of child.) (Address.) 4 2S BLANKS A\ T D FORMS Please take notice, that under the act entitled "A supplement to An Act to establish a thorough and efficient system of free public schools and to provide for the maintenance, support and manage- ment thereof,' " approved October 19, 1903, which supplement was approved April 14, 1914, you are liable to a fine or imprisonment because \onr ' does not attend school regularly. ward & Please cause said child to attend a day school within five (5) days from the service of this notice and attend regularly thereafter. And you are further notified. That the final consequences of truancy are as follows : 14. Every child between the ages of seven and fourteen years, and every child between the ages of fourteen and sixteen years who is not lawfully employed in seme useful occupation or service, who shall repeatedly be absent from school, or any child found away from school during school hours, whose parent, guardian or other person having charge and control of such child is unable to cause him ro attend school, or any pupil who shall be incorrigible, actually vagrant, vicious or immoral in conduct, shall be deemed to be a juvenile delinquent and shall be proceeded against as such. 15. Any parent, guardian or other person having custody and control of any child between the ages of seven and sixteen years who shall fail to comply with the provisions of section two of this act, or any parent, guardian or other person having custody and control of any child between the ages of seven and sixteen years, who shall fail to comply with any of the provisions of this act relating to his or her duties, shall be deemed to be a disorderly person, and upon convic- tion thereof, it shall be lawful for the magistrate or judge before whom such person is convicted to sentence such person to the workhouse, penitentiary or county jail of the county in which such person may be convicted, for a period not to exceed one year, or to impose a fine not to exceed fifty dollars, or both ; provided, however, that no justice of the peace shall have jurisdiction in any proceedings brought under the provisions of this act ; and provided, further, that when a complaint is filed under this act the judge before whom such complaint is made shall issue a rule to show cause setting forth the facts contained in the complaint, and commanding the defendant to appear before the court at a certain time on a day which shall be at least three days from the date of the order to show cause why the defendant should not be punished pursuant to the provisions of this act, and also demanding that the defendant produce at th» same time the child or children named in the complaint, which rule shall be served by the sheriff, court officer, police officer, constable or other person designated for the purpose by the court. Upon the return of said rule and the appearance of said defendant, together with said child or children, the court shall proceed to hear and determine the cause. If the defendant shall fail to appear and produce the child or children named in the rule and on the days specified therein, a warrant shall be issued and the defendant shall be proceeded against as a disorderly person in the manner provided in this act. By Order of the Board of Education. t'l'ii in- -signed >\ \ 1 tc-iii!;irii ■ flffli-er nr Supervisor of Atr.endancH i FOR SCHOOL OFFICERS. 429 (Form A60.) State Warrant, State of New Jersey Court of County of To , Greeting : Whereas, , an Attendance Officer of the School District of in the County of has made complaint upon oath and filed the same in the Court of that on the day of 19. . . ., in said school district was in charge and control of .a 1 Parent or Guardian.) (Child.) child between the age of 7 and 10 years and that the said in charge and control of said child has failed and neglected to cause said child to attend school regularly as required by Section one of an act entitled "A supplement to an act entitled 'An act to establish a thorough and efficient system of free public schools, and to pro- vide for the maintenance, support and management thereof, ap- proved October 19th. 1903,' approved April 2d, 1913," and has failed to appear in this Court on the day of !Q as required by a rule issued from this Court on the day of , 19 These are therefore in the name of "The State of New Jersey" to command you to apprehend the said and the said , if they be found in your I'M'ctit or Ouardian.^ 'Child.) bailiwick and forthwith bring them before the said Court to answer saul complaint. 1 lereof fail not. Witness Esquire of said Court ;uu\ the Seal of said Court &.t this day of 10. Clerk of Court. 430 BLANKS AND FORMS (Form A61.) State of New Jersey Court of , Countr of. In the matter of the application of Attendance Officer of the School District of Complainant, vs. Rule to Show Cause. Defendant. I Fpon reading the complaint of , Attendance Officer of the Board of Education of the school district of filed in the above stated cause, setting forth that between the ages of 7 and 16 years, residing in said school district, has been absent from day school and has been habitually truant dur- ing school hours, having no regular and lawful employment in any useful occupation or service ; in violation of the provisions of Sec- tion 5 of 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 19th, 1903," approved April 2d, 1913; that having the charge and control of said fails and neglects to, cause said to attend school regu- larly as required by section one of said act ; and is therefore a dis- orderly person under the law. It is on this day of , 19. . . ., ordered that the said be and appear before said Court on the (Pamnt or Guardian.) day of , 19. . . ., at the hour of o'clock in the noon, together with the said (Child.) to show cause why the said should not be dealt with as law and justice may require. And it is further ordered that in the event of the said (Parent or Guardian.) and the said failing to appear at said time and place, (Child.) FOR SCHOOL OFFICERS. 43* that then a warrant issue, without further order of this Court, to the Sheriff, Constable, or other officer authorized to serve such war- rant, commanding him to bring the said and the said (Parent or Guardian.) forthwith before this Court for such disposition as the (Child.) Court may make in the case. (Form A62.) >ss. Complaivt Stai e of N'fw Jersey, County of School District of . .' being duly sworn, on his oath, complaining against says that he is an attendance officer of the School (Name of Parent or Guardian.) District of duly appointed and empowered by the Board of Education of said school district, and that said resides at No Street, Avenue, in said school district, that. . . .he is the of child between the ages of seven and sixteen years, inclusive, and that said and during the time mentioned herein, vv under (Child.) the legal control of the said Deponent further says, that as such officer, he warned both the said and the said of the consequene;- ; (Parent or Guardian.) (Cbild.) of truancy, if persisted in, and caused a notice in writing to be served on the said that the said w (Parent or Guardian.) (Child.) not attending school, and requiring said to cause said child to attend school within five days from the service of said notice and cause said child to attend regularly there- after: which said notice was served personally upon the said on the day of , 19 (Parent or Guardian.) Deponent further states that the said has failed (Parent or Guardian.) and neglected to cause said child to attend a proper da_\ school regularly each day after the time limited in said notice and that die said ha not been excused from attend- ( Child.) 432 PLANKS AND FORMS ing such school by the Board of Education of said school district, • by any lawful authority. Deponent, therefore, on oath complains, and charges that said tails and neglects lo cause said to attend school regularly in violation of and contrary to the provisions of the statutes in such case made and provided, and particularly the provisions of Section two of "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 there- of, approved October 19th, 1903, approved April 14th, 1914"; and he pra\s that said may be apprehended and held to (Paront or Guardian.) answer said complaint, and dealt with as law and justice may require. Subscribed and sworn to before me the ] . . . . : dav dI 19 } .'""■' r 7i/r ( Attenaance Ujjic-er. (Form A63.) Attendance Report No Attendance report School Name Age Grade Parent Residence Absent Truant Attending no school Last day attended -\bsent preceding week Times a truant this term Parent written Remarks : Principal. Teacher. Dated Investigation completed 191 Interviewed father, mother, guardian or pupil. Reported to Principal - 191 Pupil returned to school 19 l ( "a me f< ir absence Remarks : State of New Jersey, Department of Public Instruction. Attendance Officer. FOR SCHOOL OFFICERS. 433 (Form A64.) Age and Working Certificate — Certificate of Principal School District of County of This certifies that, in my opinion, the employment of at work such as is permitted by an "age and working" certificate will not interfere with standing in school. (His or her.) Dated (Trincipal or teacher.) (School district.) PHYSICIAN S CERTIFICATE. This certifies that I have this day examined a child between the ages of ten and sixteen years, and that I am of the opinion that work such as is permitted by an "age and working" certificate will not interfere with said child's health. Dated. (Medical Inspector.) (School district.) (Form A65.) Age and Working Certificate — Application of Parent School District of County of I hereby make application for an "age and working" certificate for my who is years of (Child or ward.) (Name of child.) age, and who attends in the school district of (Name of school.) who desires to be employed outside of school hours in order to help support or the family. (Himself or herself.) I agree to cause said child to attend school regularly every day in which the public schools are in session in the school district where 434 BLANKS AND FORMS I reside, and that I will at no time allow such employment to inter- fere with the health or standing in school of said child. I thoroughly understand that said child may be employed only at selling newspapers, blacking shoes, running errands, or other light employments not otherwise prohibited by law for children under sixteen years of age. Dated, (Parent or Guardian.) (Address.) (Form A66.) "Age and Working" Certificate This certificate does not allow the employment of the bearer dur- ing any of the hours when the public schools are in session, nor be- fore six o'clock in the morning or after seven o'clock in the evening. No. of Certificate School District of County of This certifies that in accordance with Article XV of the New Jer- sey School Law there has been filed in my office a petition made by of , a child between the ages of ten (Parent or guardian.) (Name of child.) and sixteen years, setting forth that said desires to (Name of child.) secure employment in order to help support itself or family. There have also been filed the following proofs of age, physical condition, and educational qualification: Name of child Date of birth Color Sex Color of hair Color of eyes Height Weight Place of birth Present address Distinguishing facial marks Parent Residence of parent FOR SCHOOL OFFICERS. 435 PROOF OF AGE. Proof of age has been filed in accordance with paragraph (a, b. c or d.) that is years of age. (Name of child.) PHYSICAL QUALIFICATION. A certificate has been filed from Dr. , Medical Inspector of School District, certifying that the above- named child has been examined, and that, in opinion, the (His or her.) health of the child will not be affected by engaging in any of the business pursuits in which it may legally be employed under the pro- visions of Article XV of the New Jersey School Law. EDUCATIONAL QUALIFICATION. A certificate has been filed from setting forth that, (Name of principal or teacher.) in opinion, the employment of outside of (His or her.) school hours will not interfere with standing in school. (His or her.) Signature of child Granted this day of , 19 (Name of officer graating certificate.) (Title of officer.) Note. — The bearer of this certificate may only be employed at selling news- papers, blacking shoes, running errands, and other light employment not other- wise prohibited by law for children under sixteen years of age. 436 BLANKS AND FORMS Pension Forms. (Form A70.) Directions for Application for Retirement There are four classes of persons eligible for retirement under the provisions of Chapter 268, P. L. 1914. A. Those who have had a total experience of not less than thirty- five years, and whose last twenty-five years of actual service have been performed in this State. B. Those who have had thirty-five years of experience, have reached the age of seventy years and whose last twenty years of service have been performed in this State. C. — Those who have reached the age of seventy-five years and who have performed thirty-two years of service in this State. D. Those who have reached the age of seventy years, and who have served a total period of not less than thirty-five years in this State and who have been heretofore, or who hereafter shall be, re- tired or discharged by reason of physical disability. DIRECTIONS FOR CLASS A. i. Proof of the States and places in which the applicant has served and the nature of the service rendered in each place. 2. The term of actual service in each place, giving the date when the term of employment began, and the date on which it ended. 3. The salary received for each of the five years immediately pre- ceding the date of the application for retirement. CLASSES B. AND C. In addition to the proof required for Class A applicants in these classes must furnish proof of age. CLASS D. In addition to the proof required for .Class A applicants in this class must furnish proof of age and the nature of the physical dis- ability which was the cause of retirement or discharge. All applications for retirement must be verified by affidavit, and whenever possible the terms of service shall be verified by the sev- FOR SCHOOL OFFICERS. 437 eral boards, bodies or persons by whom the applicant was employed. This verification may be by affidavit, or by a certificate under seal. If it is impossible to secure the necessary proofs from the records of the boards or bodies by whom the applicant has been employed, affidavits by persons having a knowledge of the facts may be filed. All applications and proofs must be filed by the applicant in the Department of Public Instruction in Trenton. When the retire- ment is requested by the board or body by whom the person sought to be retired is employed, the application must be signed by such board or body and the required proofs must be furnished by it. The necessary blanks and forms can be obtained from the Com- missioner of Education. (Form A71.) Application for Retirement Under the Provisions of Chapter 268, P. L. 1914 Date of Application 19. . . Name of Applicant Address Where Employed Nature of Employment Salary for twelve months ending 19. . . $ " " " " 19... $ " " " " 19... $ 19... $ . . , it (I a n a , „ <> 1 y . . . ip Total salary for five years $ The salary reported must be for the five years ending on the date of the application and not for the school years. The following is a statement of the places in which I have been employed, and the terms and nature of the employment : State Place Term of Employment, from to Nature of Employment State Place Term of Employment, from to 43S' BLANKS AND FORMS Nature of Employment State Place Term of Employment, from to. Nature of Employment State Place Term of Employment, from to. Nature of Employment State Place Term of Employment, from to. Nature of Employment State of New Jersey, County of f being duly sworn on oath saith that the foregoing statement is correct and true to the best of knowledge and belief. Sworn and subscribed before me this day of 19. . . (Form A73.) Transportation Contract This Agreement entered into this day between the Board of Ed- ucation of the of in the County of and State of New Jersey, party of the first part, and of the of in the County of and State of New Jersey, party of the second part, Witnesseth : I. That the said party of the second part for and in consideration of the sum of dollars to be well and truly paid to him by the party of the first part as is hereinafter set forth, agrees to transport such pupils, not to exceed in number, , as shall be designated by the party of the first part, living along or ad- jacent to the route hereinafter described, to and from the places hereinafter specified every day the public school shall be in session from the first day of July, 19. . . .to the thirtieth day of June, 19. . . . FOR SCHOOL OFFICERS. 439 2. Said party of the second part agrees to furnish a good to he approved by the party of the first part with (Describe vehicle.) sufficient seating capacity to accommodate, without crowding, pupils, unless such vehicle shall be provided by the party of the first part. 3. Said party of the second part agrees to provide all robes and blankets necessary to keep the pupils comfortably warm while being transported. 4. The party of the second part agrees that the vehicle, if fur- nished by him, shall have a proper top, and shall have curtains or other means by which the sides and ends may be closed on cold or stormy days, but so arranged that he shall have at all times an un- obstructed view of the inside of the vehicle. 5. If a vehicle, other than an automobile is used, the party of the second part agrees to furnish a good team of horses to haul said vehicle, said team to be gentle and kind and not afraid of automo- biles or cars. 6. The party of the second part agrees that he, or the person driv- ing the vehicle, who shall be approved by the party of the first part, shall absolutely abstain from the use of tobacco and intoxicating liquors and from the use of profane or improper language ; to use every care and precaution for the protection of the pupils while in his care ; to treat said pupils kindly and impartially and to report to the teacher the name of any pupil who refuses to obey him, or who shall be guilty of improper conduct or the use of profane or im- proper language. 7. The party of the second part agrees to transport said pupils over the following route : Beginning at thence to the public school, returning by the same route. 8. The party of the second part agrees to cause said vehicle to arrive at said public school not earlier than o'clock and not later than o'clock in the morning and ready to leave said school promptly at the close of the afternoon session on each and every day said school is in session. 9. The party of the second part agrees that no persons, other than said pupils, except teachers employed by the party of the first part, and no freight whatever, shall be carried while the pupils are being transported, and said party further agrees that if the vehicle is fur- 440 BLANKS AND FORMS nished by the party of the first part, said vehicle shall not be used for any purpose other than the transportation of said pupils and teachers, except with the permission, in writing, of the party of the first part, and under such conditions as said party of the first part may prescribe. 10. The party of the first part agrees that if the party of the sec- ond part shall well and truly perform the service required by this agreement that it will pay or cause to be paid to the party of the sec- ond part the sum of dollars in ten equal monthly in- stallments, the first installment to become due and payable on the last day of the month of It is understood and agreed by the parties hereto that this agree- ment shall be without force or effect until it shall have been ap- proved by the County Superintendent of Schools of the County of In Witness Whereof the party of the second part has hereunto set his hand and seal and the party of the first part has caused the same to be signed by its President and attested by its District Clerk, and has affixed its official seal this day of , 19 Signed and sealed in the presence of (Seal.) Contractor. (Seal.) President, Board of Education of the of County of, Attest : District Clerk. Approved this day of , 19. County Superintendent of Schools of the County of FOR SCHOOL OFFICERS. 441 Know All Men by These Presents, That we, of the of in the County of and State of New Jersey, as principal, and and of the of in the County of and State of New Jersey as sureties, are holden and firmly bound unto the Board of Education of the of in the Count}' of and State of New Jersey, in the penal sum of (At least half amount of contract) to which payment, well and truly to be made, we do bind ourselves, our heirs and each of our heirs, executors, administrators and as- signs, jointly and severally, firmly by these presents. Sealed with our seals and dated this day of one thousand, nine hundred and Whereas, the above bounden has this day entered into a contract with the Board of Education of the of for the transportation of children between and Now, therefore, the condition of this obligation is such, that if the above bounden shall faithfully perform and carry out all the terms and conditions of his said contract, then this obli- gation to be void, otherwise to be and remain in full force and virtue. Signed, sealed and delivered in the presence of : (As to Contractor). (As to Bondsman). (As to Bondsman). Bondsman. Contractor. Bondsman. (Seal.) (Seal.) (Seal.) INDEX (443) INDEX SCHOOL LAWS AND RULES AND REGULATIONS. A. PACE. Abandonment of school buildings, sec. 154 78 Abolishment of old boards of education, sec. 47 26 Academic certificates, see Qualifying academic certificates. Academic counts, certificates, rules 2I 7 Academic vocational certificate, rules 59, 68, 69 208, 210, 211 Accidents prevention, instruction to be given, sec. 445 191 instruction, law to be printed, sec. 448 191 lectures on, by American Museum of Safety, sec. 447 191 text-book to be prepared, sec. 446 191 Accommodations for school children, sec. 152 76 Accounts, Inspector of, see Inspector of Accounts. Admission of pupils, sec. 140, 148 7 T > 74 Advertisements, building or supplies, method of, sec. 59, 60, 431... 28, 29, 186 kindergarten supplies purchased without, sec. 59 29 supplies, county vocational schools, sec. 337 157 Affidavits, Commissioner of Education and assistant commissioners to take without charge, sec. 25 17 County Superintendent may take, sec. 30, div. 1 18 district clerk may take, sec. 101 51 required with bills, sec. 101 5° supervisor of school exemption certificates to take, sec. 189.. . 91 Age and schooling certificate, cancellation of, sec. 193 Q3 cancellation, notice of, sec. 195 94 contents of, sec. 192 92 definition, sec. 184 88 employer to hold, sec. 195 94 fees not to be charged, sec. 202 g8 how granted, sec. 186 89 medical inspection, sec. 100 92 papers to be filed with Department of Labor, sec. 193 93 proficiency required, sec. 191 92 record of school attendance required, sec. 191 92 (445) 446 INDEX. PAGE. Age and working certificate, cancellation of, sec. 193 93 cancellation, notice of, sec. 195 94 definition, sec. 184 89 fees not to be charged, sec. 202 98 how granted, sec. 186 89 issue of, sec. 196 95 medical inspection, sec. 190 92 papers to be filed with Department of Labor, sec. 193 93 Ages of pupils, sees. 140, 185, 187 71, 89, 90 compulsory proofs of, sec. 188 90 defective and delinquent children, sec. 352 163 evening schools, sec. 174 86 kindergartens, sec. 171 85 Agricultural arts school, defined, sec. 322 153 Agricultural arts schools, see also Vocational schools. Agricultural certificates, rule 53 205 Agricultural college, appointment of students, sec. 393 174 appropriation for, sec. 402 177 buildings and equipment, sec. 400 177 certificates of appointment to, sec. 395 176 course of study, sec. 399 177 number of scholarships, sec. 394 175 president to certify number of students, sec. 397. . . 176 short courses must be provided, sec. 398 177 students, amount of scholarships, sec. 396 176 examinations, sec. 395 175 on vacant scholarships, sec. 394 175 selection of, sec. 395 175 subjects of instruction, sec. 399 177 teachers, power to employ, sec. 401 177 Agricultural education, defined, sec. 322c 153 Agricultural vocational certificate, rules 59, 62, 63 207 Alcohol, effects of, to be taught, sec. 282 140 American Museum of Safety, director to assist in preparation of text- book on accident prevention, sec. 446 191 Annuities, teachers' retirement fund, amount of, sec. 265 127 how granted, sec. 265 127 suspension of, sec. 265 128 when paid, sec. 266 128 Appeals from decisions of Commissioner of Education to State Board, sec. 7, div. VI, rules 1 to 6 II, 13, 15, 228, 229 decided by State Board of Education, sec. 3, div. Ill 8 hearing on, rule 5 229 how and when taken, rule 2 228 rules of, copies to be sent to appellants, rule 6 229 time and manner, sec. 11 13 INDEX. 447 PACK. Appointment, assistant city superintendents, sec. 72, 73 33 assistant commissioners of education, sec. 7, div. II 10 boards of education, cities, how made, sec. 45 24 boards of education, county vocational schools, sec. 331... 155 boards of education, towns of over 10,000, sec. 91 43 boards of education, townships, sec. 30, div. IV, 45, rules 11, 12 19, 24, 220 boards of education, union-graded schools, sec. 159, 160... 80 boards of school estimate, sec. 80 35 business manager, sec. 57, 77 28, 34 city superintendent of schools, sec. 71 33 clerks of boards of education, sec. 64, 74, 78 30, 33, 34 Commissioner of Education, sec. 6 10 county attendance officers, sec. 204 99 county superintendents, sec. 27 17 custodians of school moneys, sec. 227 112 district clerks, sec. 102 51 examiners, county, sec. 37 20 city, sec. 38 21 state, sec. 36 20 janitors, sec. 97, div. II and III 46, 47 principals, sec. 97, div. II and III, 99, 120 46, 47, 50, 63 principals, State Normal Schools, sec. 233 114 secretary of board of education, sec. 57, 63 28, 30 State Board of Children's Guardians, sec. 432 187 State Board of Education, sec. 1 7 State Board of Examiners, sec. 36 20 students, Agricultural College, sec. 393 175 superintendent of schools, sec. 57 28 supervising principals, sec. 3, div. VIII, 98 9, 49 teachers, sec. 58, 75, 97, div. II and III, 99, 120 28, 33, 46, 47, 50, 63 teachers, State Normal Schools, sec. 233 114 Apportionment, assistant superintendents, sec. 223, div. Ic 108 assistant supervisors, sec. 223, div. Ic 108 attendance, sec. 223, div. II, rides 1 to 5 109, 222 balances, sec. 40, 224 22, 1 10 blind, teachers of, sec. 223, div. lb 108 city superintendent, sec. 223, div. la 107 contagious diseases, in cases of, sec. 223, div. II 109 deaf class teachers, sec. 223, div. lb 108 duty of state comptroller, sec. 321 152 evening schools, sec. 174 86 high school teachers, sec. 223, div. Ic 108 installments, sec. 319 151 manual training, rules 5, 6 230 448 INDEX. FACE. pupils, sec. 223, div. 1 108 railroad tax, sec. 315 148 railroad tax, by County Superintendents, sec. 315 149 retirement deduction from, sec. 139 70 school day denned for purpose, rule 1 222 school fund, sec. 21, 216, 223 16, 102, 107 state appropriation, to districts, sec. 44 24 state school tax, sec. 218 103 supervising principal, sec. 223, div. la 107 teachers, all grades, sec. 223, div. 1 108 transportation of pupils, sec. 223, Ik 109 union-graded schools, sec. 165 83 Appropriations, agricultural college, sec. 402 177 apportionment to districts, sec. 44 24 blind students, to assist, sec. 418 182 colored industrial school, sec. 249, 317 119, 150 county vocational schools, sec. 342 160 for buildings, sec. 341 159 from railroad tax, sec. 344... 161 to be determined, sec. 340... 158 deductions to be made by state comptroller, sec. 317. .. . 150 evening schools, special, sec. 177 87 industrial school buildings, sec. 277 J 69 industrial schools, equal to local, sec. 370 167 insurance, sec. 409 179 interest of surplus revenue, sec. 280 139 manual training, sec. 251 119 balances, rule 1 229 New Jersey School for the Deaf, sec. 317 150 penalty for disbursements in excess of, sec. 429 185 Rutgers scholarships, sec. 317 150 school fund, sec. 210 100 school libraries, sec. 254 121 additional, sec. 257 121 schools for dependent children, sec. 358 165 buildings and repairs, sec. 359 165 State, apportionment to districts, sec. 44 24 State, comptroller's warrant to county collector, sec. 221 106 State Federation of District Boards, sec. 369 166 State funds, must be specifically made, sec. 292 142 State Normal Schools, deducted from school fund, sec. 317 ISO State Prison School, sec. 386 172 summer schools for teachers, from railroad tax, sec. 350 162 teachers' libraries, sec. 259 122 INDEX. 449 PAGE. teachers' retirement fund, sec. 273 132 time of payment by comptroller, sec. 318 151 township school districts, sec. 84, 85, 86, 304 39, 40, 145 validation and ratification of all, sec. 304 145 vocational schools, how made, sec. 327 154 paid to custodian of school moneys, sec. 328 155 Approval of secondary schools may he withheld, sec. 3, div. IX 9 Arbor day, celebration of, sec. 284, 285, 286 140 Commissioner of Education to prepare circulars, sec. 284. . . 140 designation of day, sec. 285 140 Armories, use of, by school children, sec. 305 146 "Article," word defined as used in school law, sec. 293 142 Article VI, referendum to towns, townships and boroughs, sec. 295 143 Article VII, referendum to cities, sec. 296 143 Assistant Commissioners of Education, appointed by Commissioner of Education, sec. 7, div. II.... 10 one to be designated to hear all controversies, sec. 7, div. VI. 11 Supervisor of Elementary Education, one so designated, sec. 7, div. IV n Supervisor of Industrial Education, one so designated, sec. 7, div. V n Supervisor of Secondary Education, one so designated, sec. 7, div. Ill 10 Assistant superintendents, apportionment for, sec. 223, div. Ic 108 city boards of education may appoint, sec. 72, 73 33 removal, sec. "]2 -x,^ suspension, sec. .76 34 teacher's certificate, must have, sec. jt> 33 see also City assistant superintendent. Assistant supervisors, apportionment for, sec. 223, div. Ic 108 Attendance, rules 1 to 5 222 apportionment based on, sec. 223, div. II 109 apportionment for, rules 1 to 5 222 quarantine, in case of, rule 4 222 rainy day sessions, rule 5 222 register, rules 1 to 5 222 report, teachers to file, rule 1 221 see also Compulsory attendance. Attendance officers, sec. 200 97 duties of, sec. 201 97 power to arrest, sec. 201 08 Attendance officers, county, see County attendance officer. Attorney-General, trustees of school fund, member of, sec. 206 100 Audit of accounts in cities, sec. 67, 68, 69 31 45o INDEX. PACE. Auditoriums in school-houses, rules 235 B. Balances, apportionment of, sec. 40, 224 22, 1 10 custodian to pay county collector, sec. 224 no to turn over to successor, sec. 225 1 1 1 manual training funds, rule 1 229 report of, sec. 224 1 10 Baptism, certificate of, as proof of pupil's age, sec. 188 90 Basements of school-houses, when considered stories, rules 235 Bequests, teachers' retirement fund, sec. 267, div. II 129 Bible, reading of, in schools, sec. 128 66 Bids for buildings and repairs, sec. 59, 60, 431 28, 29, 186 Birth certificate as proof of pupil's age, sec. 188 90 Blackboards, suggestions for placing, rules 234 Blind, admission to institutions of higher education, sec. 417 182 appropriations to assist, sec. 418 182 classes, certificates, rule 56 206 institutions to report on progress of blind students, sec. 421. ..... 183 special classes for, sec. 150 75 teachers' apportionment, sec. 223, div. lb 108 tuition, how paid, sec. 420 182 tuition only in schools of New Jersey, sec. 419 182 Board of Chosen Freeholders, to provide office for County Superin- tendents, sec. 34 19 to pay clerk of County Superintendent, sec. 35 20 Boarding halls, State Normal Schools, purchases, how made, sec. 239.. 116 receipts held in trust, sec. 238 115 Boards of Education, epidemics, may close schools on account, sec. 147.. 74 executions against, sec. 285 141 kindergartens, may establish, sec. 171 85 oath of office, sec. 49, 96 26, 45 oaths, power to administer, sec. 131 68 penalty for exclusion of pupils, sec. 149 75 penalty for violation of law, sec. 19 15 power to reduce number of teachers, sec. 132 68 secretary, accountant of, sec. 67 31 supplies, to furnish, sec. 181 88 teachers' retirement fund membership, to ascertain, sec. 271.. 132 union-graded schools, sec. 159 to 170 80 to 85 see also, Cities, Townships, Union-graded and Union-voca- tional schools. INDEX. 451 PAGE. Boards of School Estimate, appointment of, sec. 8o 35 county vocational schools, sec. 338 158 appropriation for buildings, sec. 341 159 appropriation, to de- termine, sec. 340. 158 organization of, sec. 80 35 powers of, sec. 81 to 83 36, 37 ratification of all acts of, sec. 303 145 secretary of, sec. 80 36 township, sec. 85 39 vacancy, sec. 80 35 Boards of Examiners, Commissioner of Education ex-officio member, sec. 14 13 Boards of Examiners, see also City, County and State Board of Examiners. Boards of Health, notice of epidemics, sec. 147 74 Bond, auditor in cities, sec. 69 31 business manager, sec. 77 34 custodian of school moneys, sec. 163, 227 81, 112 district clerk, sec. 102 51 Secretary of board of education, sec. 63 30 Bonds, city school districts, amount of, sec. 83 37 coupon or registered, sec. 83 37 interest on, sec. 83 37 issue, how ordered, sec. 83 37 limit of total, sec. 83 38 sinking fund for, sec. 83 38 consolidated districts, sec. 119 62 county vocational schools, for buildings, sec. 341 159 coupon or registered, may be, sec. 299 144 coupon to be changed to registered, sec. 217 103 industrial schools, cities of second class may issue, sec. 379 170 cities of second class, sinking fund for, sec. 379 170 registered or coupon, may be, sec. 299 144 school districts may sell to Trustees for the support of Public Schools, sec. 300 144 method of sale, sec. 301 145 sinking fund, who shall be custodian, sec. 229 113 teachers' retirement fund, sec. 263 124 township, town or borough school districts, approval of Attorney General required, sec. no 58 assessed against property owners, sec. in 58 ballot for, sec. 108 55 cancellation of, sec. 112 58 coupon or registered, sec. 108 56 coupons, sec. 109 57 452 INDEX. PAGE. interest rate, sec. 109 57 issue, how ordered, sec. 108 55 issue to redeem notes, sec. 114 59 lien upon real estate, sec. no 57 register to be kept, sec. 108, 109 56, 57 renewal of, sec. 109 57 sale, public or private, sec. 108 56 union-graded schools, sec. 168, 169, 170 83, 84, 85 Bookkeeping certificates, rule 46 204 Bookkeeping system, uniform, to be prescribed for all school districts, sec. 3, div. VII y Bordentown School, see Manual Training and Industrial School for Colored Youth. Borough, boards of education, in certain cases how appointed, sec. 45. .. 24 term of office, sec. 45 25 vacancy, how filled, sec. 45 25 Boroughs, see also Townships, towns and boroughs. Boundaries of school districts, sec. 39 22 Bribery, penalty for, sec. 426 184 in connection with printing, sec. 428 185 Building Inspector, see Inspector of Buildings. Buildings, abandonment of, sec. 154 78 advertisements, manner of, sec. 59, 60, 431 28, 29, 186 approval of, sec. 155 78 auditoriums, rules 235 basement, when considered a story, rules 235 blackboards, placing of, rules 234 business manager to supervise, sec. 78, 79 34. 35 ceilings, height of, rules : 237 chimneys, rules 237 cloakrooms, rules 239 condemnation of, sec. 152 76 contracts for, sec. 59, 60, 155 28, 29, 78 corridor walls and floors, rules 237 county vocational school repairs, sec. 2>2>7 T 5^ doors to open outward, sec. T56, and rules 78, 239 erection and alteration of, rules to be complied with, rules 232 to 241 fire escapes, construction of, rules 240 floor beams, schedule of, rules 235 heating, rules 233 industrial schools, control of, sec. 373 168 inside toilets must be provided, rules 239 insurance, how to be used, sec. 157 78 light in, rules 232 living apartments not permitted, rules 241 INDEX. 453 PAGE. manual training rooms in, rules 237 out-houses, sec. 153, and rules 77, 240 penalty for failure to provide, sec. 152 76 penalty for injuring, sec. 425 184 plans and specifications, standard, sec. 154 77 sanitary condition of, examination, rule 8 228 seat locations to show on blue prints, rules 241 staircases, construction of, rules 238 terra cotta tile walls, rules 235, 236, 237 three-story or higher, to be of fire-proof construction, rules. . 234 two-story, walls of, rules 234 unused and transferred, power to remodel, sec. 392 174 unused, township boards may transfer to townships, sec. 391. . 174 use of, for meetings, sec. 97, div. XI 48 ventilation, rules 233 waste paper chutes, rules 241 water-closets, sec. 153 77 windows, arrangement of, rules 232 Business manager, appointment of, sec. 57, 77 28, 34 bond of, sec. 77 34 buildings, to supervise, sec. 78 34 clerks, may appoint, sec. 78 34 construction and repairs, to supervise, sec. 79 35 duties of, sec. 78 to 80 34, 35 removal of, sec. 77 34 salary of, sec. 77 34 term of office, sec. 57 28 By-laws, city boards of education, to adopt, sec. 58 28 State Board of Education, to adopt, sec. 3, div. 1 8 township boards of education, sec. 97, div. Ill 46 Ceilings, height of, in school-houses, rules 237 Census of school children to be taken, sec. 290 142 Certificates, academic counts, rules 217 academic vocational, rules 59, 68, 69 208, 210, 211 agricultural limited, rule 53 205 agricultural vocational, rule 59, 62, 63 207, 209 application for, rules 2 to 5 195-196 approved high school work, rating for, rules 217 blind classes, rule 56 206 bookkeeping, rule 46 204 city, issued by city Boards of Examiners, rule 7 196 city, normal school, valid only in city where issued, rule 7. . 196 454 INDEX. PAGE. city requirements for, sec. 38 21 college diploma accepted, rule 17 198 college records, rule 17 198 cooking, rule 44 204 count}', accepted in place of examination, rule 17 198 county, granting of, by County Board of Examiners, sec. 37 20 county superintendent must hold, rule 35 203 credits accepted toward, rule 17 198 deaf classes, rule 57 207 . defective classes, rule 58 207 drawing, rule 42 204 elementary, requirements for, rules 20 to 24 199 elementary schools, rule 11 197 elocution, rule 52 205 evening school, rule 54 205 examinations, rule 18 198 conduct of, rules 79 to 81 213, 214 order of, rules 2l5 plan of, rules 77 to 91 213, 214, 215 when and where held, rule 16 197 first grade state, equal to permanent supervisor's, rule 36.. . 203 foreign-born evening school, rule 55 206 household arts vocational, rules 59, 64, 65 207, 208 industrial arts, rule 5 217 industrial vocational, rules 59 to 61 207, 208 kindergarten, sec. 172, rules 10, 41 85, 197, 204 language, rule 50 205 limited elementary, requirements for, rules 20 to 24 199 limited secondary, rules 26 to 29 201, 202 limited supervisors, rules 31 to 34 202 manual training, rule 43 204 music, rule 49 205 normal school, rules 1 to 11 217, 218 qualify for teaching, sec. 38 21 valid only in city where issued, rule 7 196 normal school diplomas endorsed, rule 17 197 penalty for not holding, sec. 132 68 penmanship, rule 48 204 permanent elementary, rule 25 200 permanent secondary, rule 30 201 permanent supervisor's, rules 31 to 34 202 physical training, rule 51 205 principals must hold, rule 1, 35 195. 203 provisional, rules 72 to 76, 87 211 to 214 qualifying academic, application for, sec. 414 181 defined, sec. 413 181 INDEX. 455 PAGE. renewal of, rule 6 196 revocation of, rule 9 196 secondary, requirements for, rule 26 200 secondary schools, rule 12 197 sewing, rule 45 204 special limited, how made permanent, rule 39 203 subjects allowed to be taught, rule 37 203 special, qualifications for, rule 41 to 58 204 to 207 State, by endorsement, rule 17 197 classification of, rule 8 196 examinations, rule 18 198 granted in another state, endorsed, rule 17 198 granting by State Board of Examiners, sec. 36 20 issued by State Boards of Examiners, rule 7 196 State requirement in physiology, sec. 283 140 stenography and typewriting, rule 47 204 summer school records, rule 17 198 supervisors must hold, ride 1, 31 to 34 195, 202 supervisor's vocational, rules 59, 70, 71 208, 211 teachers must hold, sec. 120, 127, rule 1 63, 66, 195 rules for 195 to 218 State Board of Education to grant, sec. 3, div. IV. . 8 suspension of, sec. 122 65 manual training, must hold, rule 4 230 technical school records, ride 17, If 198 technical vocational, rules 59, 66, 67 207, 210 university records, rule 17 198 vocational schools, rules 13, 59 to 71 197, 207 to 211 Children, enumeration to be made, sec. 290 142 Children's Guardians, State Board of, see State Board of Children's Guardians. Chimneys in school-houses, rules 237 Cities, appropriations validated, sec. 304 145 article VII, may adopt, sec. 295 143 boards of education, abolishment of former board, sec. 47 26 accident prevention instruction, to print law, sec. 448.... 191 advertisement for buildings or supplies, method of, sec. 431 186 appropriation for State Federation of District Boards, sec. 369 166 appointment, sec. 45 24 assistant superintendents, may appoint, sec. 72, 73 33 must have teacher's certificate, sec 73 33 removal, sec. 72 33 suspension of, sec. 76 34 attendance officers, sec. 200 97 audit of accounts, sec. 67, 68, 69 31 bids for buildings and repairs, sec. 59, bo 28, 29 456 INDEX. PAGE. bonds, may sell to Trustees for the support of public schools, sec. 300 144 borrow in anticipation of tax, sec. 62 30 building contracts, sec. 59, 60 28, 29 buildings under supervision of business manager, sec. 78, 79 34 business manager, appointment, sec. 57, 77 28, 34 bond of, sec. yj 34 duties of, sec. 78 to 80 34. 35 removal of, sec. 77 34 salary of, sec. 77 34 supervise all construction and repairs, sec. 79. . 34 by-laws, sec. 58 28 census of school children, may take, sec. 290 142 certificates of appointment, sec. 45 26 clerks, how appointed, sec. 64, 74, 78 30, 33, 34 compensation not allowed, sec. 51 27 continuance in office, sec. 294 142 contracts, advertisement for. sec. 59, 60 28, 29 buildings and repairs, sec. 60 29 not to be interested in, sec. 48, 430 26, 185 corporate name, sec 52 27 county superintendents to meet, rule 6 219 course of study, sec. 75 33 delegates to State Federation of District Boards, sec. 365 166 dependent children, schools for, may establish, sec. 351 163 disbursements, how made, sec. 69 31 evening schools, may establish, sec. 174 86 report, sec. 178 87 executions against, sec. 289 141 flags for school houses, sec. 279 139 incorporation of, sec. 52 27 insurance, sec. 57 28 janitors, may make rules governing, sec. 313 148 removal of, must have hearing, sec. 314 148 kindergartens, may establish, sec. 171 85 kindergarten supplies, purchase, sec. 59 29 lectures free, sec. 405 178 may provide, sec. 403 178 may provide apparatus, etc., sec. 404 178 liability for injury to employees, sec. 411 180 payments, how made, sec. 412 180 medical inspection, rules 1 to 7 225, 226 medical inspectors, must employ, sec. 278 138 rules 1 to 10 226 to 228 oath of office, sec. 49 26 organization, sec. 46, 53 26, 27 INDEX. 457 PAGE. penalty for disbursements in excess of appropriation, sec. 429 185 improper use of school moneys, sec. 277 138 interest in sale of text-books, etc., sec. 183 88 non-attendance at meetings, sec. 50 2.7 powers of, sec. 54 to 83 27-38 president, sec. 53 27 principals, suspension of, sec. 76 34 property of preceding board, sec. 55 27 property, title to, sec. 54, 56 27, 28 pupils, transportation, sec. 141, 223 72, 107 qualifications of, sec. 48 26 ratification of all acts of, sec. 303 145 removal of member, sec. 50 27 repairs, may order, sec. 59 29 report of, sec. 61 30 residence of members, sec. 306 146 retirement fund, to ascertain membership, sec. 271 132 school supplies, sec. 181 88 school term determined, sec. 75 33 seal, to adopt, sec. 52 27 secretary, sec. 57 28 appointment, sec. 63 30 bond of, sec. 63 30 clerks, may appoint, sec. 64 30 duties of, sec. 65-67 30, 31 general accountant, sec. 67 31 removal of, sec. 63 30 report monthly, sec. 66, 70 31, 32 salary, sec. 63 30 Superintendent, see below. supplies advertised for, sec. 59 28 teachers, appointment of, sec. 75 „ 33 removal of, sec. 75 ^ retirement fund membership, to ascertain, sec. 271 132 rules for employment of, to make, rule 91 215 salaries, deduction for retirement fund, sec. 267 129 suspension of, sec. 76 34 to certify number to county superintendent, sec. 223. .. . 107 to employ and discharge, sec. 58 28 transfer of, sec. 75, 99 33, 50 terms of office, sec. 45 25 text-books, sec. 181 88 purchase, sec. 59 29 selection of, sec. 75 ^3 tuition fees, sec. 66 30 reports of, rules 231 458 INDEX. PAGE. union vocational schools, sec. 325 154 vacancy, how tilled, sec. 45, 50 25, 27 vice-president, sec. 53 27 vocational schools, may establish, sec. 325 154 warrants, how issued, sec. 69 31 witnesses,- may subpoena, sec. 131 67 boards of examiners, appointment of, sec. 38 21 certificates, may issue, rule 7 196 city superintendent a member, sec. 38 21 boards of school estimate, appointment, sec. 80 35 organization of, sec. 8o 35 powers of, sec. 81 to 83 36, 37 secretary of, sec. 80 36 vacancy, sec. 80 35 bonds, method of sale, sec. 301 145 bonds for school houses, sec. 83 37 borrow in anticipation of taxes, sec. 320 152 certificates, rules 1, 7 195,196 requirements for, sec. 38 21 normal school valid only in city where issued, rule 7. 196 civil service law applies to school districts, sec. 310 147 deputy treasurer, may sign teachers' salary checks, sec. 226 in flag day, observance of, sec. 288 141 holidays, exercises preceding, sec. 287 141 industrial schools, local subscription or appropriation, sec. 370. . . 167 taxation for, sec. 372 168 insurance in municipal insurance fund, sec. 406 178 rates of, insurance fund commissioners, sec. 407 179 land, may transfer for park purposes, sec. 388, 389 173 mayor, trustee of industrial school, sec. 373 168 normal school certificates qualify for teaching, sec. 38 21 normal school may be accepted by State Board of Education, sec. 240 116 officers, penalty for bribery in connection with printing, sec. 428. 185 penalty for bribery of, sec. 426 184 principals must hold certificates, rule 1 195 referendum of Article VII to voters, sec. 296 143 referendum on teachers' salary schedule, sec. 275, 276 137, 138 school districts, each city to constitute, sec. 39 22 to be governed by State school law, sec. 298 144 school libraries, additional appropriations, sec. 257 121 school property, may be transferred to, for nominal sum, sec. 390 173 school year, section 291 142 second class, bonds, may issue for industrial school building, sec. 379 - 170 INDEX. 459 PAGE. superintendent of schools, appointment, sec. 57, 71 28, 33 apportionment for, sec. 223, div. la. .. . 107 arbor day, to prepare exercises, sec. 286 140 certificates, provisional, issue of, rule 87 214 certificates, to report, rule 88 215 clerks, may appoint', sec. 74 33 Commissioner of Education to instruct, sec. 14 13 continuance in office, sec. 294 142 meetings, yearly, sec. 7, div. X 12 member City Board of Examiners, sec. 38 21 removal, sec. 71 33 report annually to Commissioner of Education, sec. 74 33 rights in board meetings, sec. 71 33 salary, sec. 71 33 supervisor's certificate, must hold, rule 35 203 teacher's certificate, must hold, sec. 73. 33 teachers, employment, to keep record, rule 89 215 may suspend, sec. 76 34 supervisors must hold certificates, rule 1, 31 to 34 195, 202 teachers must hold certificates, rule 1 195 teachers' qualifications, sec. 38 21 teachers' salary checks, who may sign, sec. 226 ill truant officers, tenure of office, sec. 311, 312 147 Civil service law applies to school districts, sec. 310 147 Classroom, definition of, rules 232 Clerks, Boards of Education, sec. 64, 74, 78 30, 33, 34 business manager may appoint, sec. 78 34 City superintendent may appoint, sec. 74 33 Commissioner of Education to employ and fix compensation, sec. 13 13 County Superintendent may appoint, sec. 35 20 secretary of board of education may appoint, sec. 64 30 Cloakrooms in school-houses, rules 239 College diplomas accepted in place of examination, rule 17 198 Color, pupils not to be excluded on account of, sec. 149 75 Colored industrial school, sec Manual Training and Industrial School for Colored Youth. Colored Youth, Manual Training and Industrial School, see Manual Training and Industrial School for Colored Youth. Commissioner of Charities, building plans, to prepare, sec. 154 77 460 INDEX. PAGE. Commissioner of Education, accident prevention, to prepare text-book on, sec. 446 191 affidavits, to take without charge, sec. 25. .. . 17 appeals from decisions decided by State Board of Education, sec. 3, div. Ill, sec. 15 8, 13 appointment by Governor, sec. 6 10 appropriation deducted from school fund, sec. 317 150 arbor day, prepare circulars for, sec. 284.. .. 140 assistant commissioners of education, to appoint, sec. 7, div. II 10 attendance of members or employees of Boards of Education compulsory, sec. 3, div. XI 9 blind students, sec. 417 182 buildings, abandonment, may direct, sec. 154 78 city superintendents, to instruct, sec. 14 13 to report annually, sec. 74 33 clerks, may employ and fix compensation, sec. 13 13 continuance in office, sec. 294 142 controversies, to decide, sec. 15 13 assistant commissioner to be designated to hear, sec. 7, div. VI 11 county attendance officer, power to appoint, sec. 204 99 county collector to withhold funds from a school district, sec. 7, div. XI 12 county superintendents, to appoint, sec. 27.. 17 to instruct, sec. 14. . 13 to report annually to, sec. 31 19 vacancy, to fill, sec. 17 14 county vocational schools, to approve loca- tion, etc., sec. 330 155 course of study for elementary and high schools, to prescribe, sec. 7, div. VIII.... 12 courses of study, to approve, rule 7 219 decisions to be kept, sec. 16 14 appeals from, rules 1 to 6 228, 229 County superintendents must have obeyed, rule 3 219 INDEX. 461 PAGE. diplomas, blank, to furnish, rule 9 219 efficiency of all public schools, to ascertain, sec. 7, div. VII 11 examinations for elementary schools, to pre- scribe, sec. 7, div. VII 11 ex-officio member of all Boards of Exam- iners, sec. 14 13 forms for reports, to prepare, sec. 23 16 medical inspection blanks, to furnish, rule 5. 226 office to be provided, sec. 12 13 penalty, for violation of law, may remit, sec. 44 24 qualifying academic certificates fund, sec. 415, 416 181 record of official acts, to keep, sec. 16 14 report annually to State Board of Educa- tion, sec. 24 16 report monthly to State Board of Educa- tion, sec. 7, div. XII 12 reserve fund, State school tax, sec. 220 105 residence, sec. 6 ( io retirement applications of teachers, must consider, sec. 134 69 retirement, to certify annual amount, sec. 138 70 salary, sec. 6 10 salary of teacher withheld, sec. 20 15 school laws, to print, sec. 23 16 seal to be adopted, sec. 16 14 Secretary of State Board of Education. sec. 14 13 clerk, to be designated to act as, sec. 7, div. 1 10 State Board of Education rules, to enforce, sec. 14 13 State Board of Examiners, member of, sec. 36 20 State school fund to be apportioned, sec. .21 16 State school moneys withheld, sec. 19 15 sub-normal children, to prescribe method to ascertain, sec. 7, div. IX 12 successor to receive all records, sec. 26 17 supervision of all schools receiving State money, sec. 14 13 teachers' institutes, to arrange, rule 1 220 to secure lecturers for, sec. 281 . . . 139 teachers' retirement fund, trustee of, sec. 261 122 462 INDEX. PAGE. term of office, sec. 6 10 trustee of the School Fund, sec. 8 12 vocational education, to investigate necessity for, sec. 323 153 vocational schools, may establish, sec. 323... 153 course of study, to ap- prove, sec. 326 154 Comptroller, see State Comptroller. Compulsory attendance, ages, sec. 185, 187, 188 89, 90 Compulsory education, sec. 184 to 205 88 to 99 attendance officers, sec. 200 97 delinquents to court, sec. 201 98 fees for services in enforcing, sec. 203 98 medical inspector's certificates, sec. 190 92 parents and guardians, penalty for failure to comply with, sec. 198, 199 96, 97 procedure against, sec. 198 97 penalty for false evidence, sec. 189 91 penalty for not attending school, sec. 197 95 Condemnation of land, sec. 97, div. V, 164, div. II, 335, div. II 47, 81, 156 school buildings, sec. 152 76 Consolidation of school libraries, sec. 256 121 Consolidation of township school districts, sec. 115 to 119 59 to 62 Constitution, extract concerning free public schools 5 Contagious diseases, apportionment in cases of, sec. 223, div. II 109 common drinking cup prohibited, sec. 308 146 pupils exposed to, may be excluded, sec. 145, ride 6.73, 227 pupils, how readmitted, rule 6 226 teachers exposed to, may be excluded, sec. 145 73 Continuation class, defined, sec. 322b 153 Contracts, building, sec. 59, 60 28, 29 building, approval of, sec. 155 78 buildings or supplies, boards of education members not to be interested in, sec. _|8, 94, 430 26, 45, 185 city boards of education, advertisement for, sec. 59, 60 28, 29 county vocational schools, sec. 336 157 members of boards of education, not to be interested in, sec. 48, 430 26, 185 New Jersey School for the Deaf, supplies, sec. 244 117 teachers, sec. 120, 124 63, 65 district clerk to report, rule 90 215 township, sec. 100 50 Controversies to be decided by Commissioner of Education, subject to appeal, sec. 15 13 INDEX. 463 PAGE, heard by an Assistant Commissioner of Education, sec. 7, div. VI 11 Conventions, teachers' retirement fund, sec. 2(>2 123 Conveyance of school property to municipality for nominal sum, sec. 390 173 Cooking certificates, rule -14 204 Corporal punishment prohibited, sec. 126 66 Corridor walls and floors in schoolhouses, rules 237 County attendance officer, appointment of, sec. 204 99 expenses, how provided, sec. 205 99 term of office, sec. 204 99 County Board of Examiners, appointment of, sec. 37 20 compensation, sec. 37 20, 21 county superintendent a member, sec. 37. . 20 County board of freeholders, appropriations for county vocational schools, sec. 341 159 County certificates accepted in place of examination, sec. 37 20 granting of, by county board of examiners, rule 17. . 19S County collector, balances of school moneys paid to, sec. 224 no custodian of school moneys, may be, sec. 227 112 State school tax, payment by, sec. 219 104 payment to, sec. 220, 221, 222 106 withhold funds from a school district, sec. 7, div. XL. 12 County officers, penalty for bribery of, sec. 426 184 penalty for bribery in connection with printing, sec. 428 185 County Superintendents, affidavits, may take, sec. 30, div. 1 18 agent for books, not to act as, rule 5 219 appoint members of boards of education, sec. 30, div. IV, rules 11, 12 19, 220 appointment of, by Commissioner of Educa- tion, sec. 27 17 apportion school money, sec. 40, 165 22, 83 appropriations deducted from school fund, sec. 317 150 arbor day, to prepare exercises, sec. 286 140 balances, to apportion, sec. 40 22 boards of education, to meet, rule 6 219 certificates, provisional, issue of, rule 87 214 to report, rule 88 215 clerical assistant, sec. 35 20 Commissioner of Education to instruct, sec. 14. . 13 continuance in office, sec. 294 142 county attendance officer, to provide for ex- penses of, sec. 205 99 courses of study, to prepare, rule 7. 219 464 INDEX. PAGE. decisions of Commissioner of Education, to have obeyed, rule 3 219 diplomas, blank, furnished by Commissioner of Education, rule 9 219 distribute documents, forms, etc., rule 2 219 expenses of, sec. 29 18 flag display and salute, reports of, rule 10 220 libraries, pedagogical, to establish, rule 8 219 manual training and industrial school for col- ored youth, vacancies, rules 1 to 3 231 meetings, sec. 7, div. X 12 member of board of education of county voca- tional school, sec. 331 155 member of County Board of Examiners, sec. 37 20 office to be provided by Freeholders, sec. 34. . . . 19 orders for school moneys, sec. 222 106 to issue, sec. 30, div. II 18 to withhold, for failure to provide ac- commodations, sec. 152 76 pedagogical libraries, to establish, rule 8 219 penalty for interest in sale of textbooks, etc., sec. 183 88 penalty for neglect to perform duties, sec. 18. . . 15 powers of, sec. 30 18 qualifications of, sec. 2"J 17 railroad tax, to apportion, sec. 315 149 report annually to Commissioner of Education, sec. 31 19 reports of teachers, must preserve, rule 4 219 rules regarding, rules 1 to 12 218 to 220 salary of, sec. 28 17 school district balances, to divide, sec. 40 22 supervision of schools of county, to exercise, sec. 30, div. Ill 18 supervisor's certificate, must hold, ride 35 203 teachers' employment, to keep record, rule 89. . . 215 teachers' institutes, to assist at. rule 5 221 teachers' libraries, sec. 259, 260 122 teachers' retirement fund conventions, sec. 262. 123 term of office, sec. 17, 27 14, 17 union-graded schools, sec. 158, 160, 165, 167. .79,80,83 vacancy, how filled, sec. 17 14 visit schools, rule 1 218 County vocational school bonds, coupon or registered, sec. 341 159 County vocational schools, see Vocational Schools. INDEX. 465 PAGE. Course of study, sec. 99 5° adoption of, sec. 75, 97, div. VII 33, A7 agricultural college, sec. 399 177 city boards of education, sec. 75 33 county superintendents, to prepare, rule 7 219 county vocational schools, to be approved, sec. 326, 330 154. 155 evening schools for foreign-born, sec. 176 86 manual training, sec. 251 120 approval by State Board of Education, rule 2 229 minimum to be prescribed by Commissioner of Edu- cation, sec. 7, div. VIII 12 pupils must pursue prescribed, sec. 144 73 schools for dependent children, sec. 360 165 State Normal Schools, sec. 233 114 State Prison School, sec. 382 172 vocational schools, to be approved, sec. 326 154 Current expenses, definition of, sec. 106 53 Custodian of school moneys, appointment of, sec. 227 112 balances, to pay county collector, sec. 224.. . no balances to successor, sec. 225 in bond of, sec. 163, 227 81, 112 collector may be, sec. 227 112 duties of, sec. 225 to 231 1 1 1 to 1 14 evening school special appropriation, sec. 177 87 interest on funds in certain cases, sec. 230. . . 114 manual training appropriation to be paid to, sec. 251 119 payment to, of special school moneys, sec. 228 113 payments on orders, sec. 225 in pay-roll and warrant, sec. 225 in penalty for failure to report, sec. 231 114 receives school moneys on orders of County Superintendent, sec. 222 106 report to County Superintendents, sec. 32... 19 reports of, sec. 225 in union-graded schools, sec. 163 81 vocational school appropriation, to receive, sec 328 155 466 INDEX. D. PAGE. Damage to school property by pupils, sec. 144 73 Deaf, see New Jersey School for the Deaf. Deaf classes, certificates, rule 57 206 pupils, special classes for, sec. 150 75 teacher's apportionment, sec. 223, div. lb 108 Decisions, commissioner of education appeals from, rules 1 to 6 228, 229 to be obeyed, rule 3 219 to be preserved, sec. 16 14 Decoration Day, see Holidays. Defective classes, certificates, rule 58 207 Deficient pupils, special classes for, sec. 150 75 Degrees conferred, approval by State Board of Education, sec. 422 183 penalty for violation of law, sec. 423 183 public schools exempt from law, sec. 424 184 Delinquent children, special schools for, see Dependent children, schools for. Department of Public Instruction, designation of office of Commissioner of Education, sec. 12 13 Dependent children, commitment of, sec. 355 164 industrial training, sec. 353 163 schools for, sec. 351 to 363 163 to 165 ages of children, sec. 352 163 appropriation, sec. 358 165 appropriation for buildings and repairs, sec. 359 165 approval by State Board of Education, sec. 362 165 courses of study, sec. 360 165 establishment of, sec. 351 163 location, sec. 361 165 payment for children from other districts, sec. 354 164 reports of, sec. 356 165 restrain and instruct children, sec. 352 163 rules for government, sec. 360 165 superintendent report to juvenile court, sec. 357 165 take from other districts, sec. 354 164 Deputy Treasurer, may sign city teachers' cbecks, sec. 226 ill Diplomas, commissioner of education to furnish, rule 9 219 State Normal schools, sec. 99, 233 50, 114 Dismissal, principals, sec. 120 63 Dismissal, teachers, sec. 58, 99, 120, 121, 130 28, 50, 63, 64, 67 see also removal. Disorderly persons, extract from act concerning, sec. 425 184 District Boards of Education, see State Federation of District Boards of Education. INDEX. 467 PAGE. District clerk, accounts, to keep, sec. 102 51 affidavits, may take, sec. 101 51 appointment of, sec. 102 51 bond of, sec. 102 51 bond register, to keep, sec. 108, 109 56, 57 bonds and interest annually to tax assessor, sec. 111 58 contracts with teachers, to report, rule 90 215 minutes, to keep, sec. 102 51 notices of meetings, to issue, sec. 102 51 orders for payment of bills, to issue, sec. 102 51 record books for inspection, sec. 102 51 removal of, sec 102 51 report to county superintendent, sec. 32 19 salary of, sec. 102 51 school debt, to report yearly to Commissioner of Educa- tion, sec. 113 59 District school tax, sec. 106 53 amount of, sec 106 53 assessment of, sec. 106 54 ballot for, sec. 107 55 certificate of, sec. 106 53 collection of, sec. 106 54 purposes for which may be used, sec. 106 53 Districts, see School districts. Disturbing schools, penalty for, sec. 425 184 Doors in school-houses to open outward, sec. 156 and rules 78, 239 Drawing certificates, rule 41 204 Drinking cups, common, use prohibited, sec. 308 146 penalty for non-observance, sec. 309 147 E. Efficiency of all public schools, Commissioner of Education to ascertain, sec. 7, div. VII 11 Election, boards of education, townships, sec. 87 to 91 40-44 two ballot boxes necessary, sec. 92 44 voting qualifications, sec. 93 44 Elementary certificates, limited, requirements, rules 20 to 24 199 permanent, rule 25 200 Elementary schools, certificates, rule 11 197 examinations to be prescribed for highest grades, sec 7, div. VII II supervision of, sec. 7, div. IV 11 Elementary Education, Supervisor of, see Supervisor of Elementary Education. 468 INDEX. PAGE. Elocution certificates, rule 52 205 Employer's certificates, definition, sec. 184 89 to be filled in by employer, sec. 195 93 Employers' liability applied to boards of education, sec. 411 180 payments, how made, sec. 412 180 Employers' Liability Commission, to assist in preparation of text-book on accident prevention, sec. 446 191 Employers, penalty for allowing children to work contrary to law, sec. 196 95 penalty for non-compliance with compulsory education law, sec. 195 94 Employment of pupils outside of school hours, sec. 196 95 Enumeration of school children to be made, sec. 290 142 Epidemics, Boards of Health, notice, sec. 147 74 schools may be closed on account, sec. 147 74 Estimate, see Boards of school estimate. Evening classes, defined, sec. 322f, g 153 Evening schools, sec. 174-180 86, 87 ages of pupils, sec. 174 86 apportionment for, sec. 174 -. . . . 86 appropriation, special for, sec. 177 87 certificates, rule 54 205 expenses of, sec. 17s, 180 86, 87 foreign-born residents, sec. 176 86 appropriation deducted from School fund, sec. 317 150 course of study, sec 176 86 State Board of Education to prescribe rules, sec. 176 86 report, annual, sec. 178 87 State Board of Education to assist in establishing, sec. 179 87 teachers, sec. 176 86 term, length of, sec. 174 86 Examinations, certificates, conduct of, rules 79 to 81 213, 214 identification of applicants, rule 85 214 order of, rules 198, 216 plan of, rules 77 to 91 213 to 215 questions, preparation of, rule 78 . .' 213 readers for, rules 78, 82 213, 214 records of, rule 86 214 State Board of Examiners, rules 77 to 86 213, 214 teachers' certificates, State Board of Education to pre- scribe rules, sec. 3, div. IV 8 see also Certificates, Teachers'. teachers by City Boards of Examiners, sec. 38 21 INDEX. 469 PAGE. County Boards of Examiners, sec. 37 20 State Board of Examiners, sec. 36 20 rules to be made by State Board of Edu-, cation, sec. 3, div. IV 8 Examinations, elementary schools, highest grades, to be prescribed, sec. 7, div. VII 11 Exceeding appropriations, penalty for, sec. 429 185 Exclusion of pupil? by medical inspector, sec. 178, rule 6 138, 227 Executions against Boards of Education, sec. 289 141 Exemption certificates, supervisor of, definition, sec. 184 88 Expenses, County Superintendents, to be paid, sec. 29 18 State Board of Education, to be paid, sec 4 10 Expulsion or suspension of pupils, sec. 97, div. VIII 47 F. Farnum Preparatory school, admission to, sec. 307 146 control of, by State Board of Education, sec. 2 8 tuition of pupils, how paid, sec. 307 146 Fire escapes, construction of, rules 240 Fireproof construction to be used in school-houses of three or more stories, rules 234 Flag day, observance of, sec. 288 141 Flag display and salute, county superintendents to report on, rule 10. . . . 220 Flags for school-houses, sec. 279 . .• 139 Floor beams in school-houses, rules 235 Foreign-born, evening schools for, sec. 176 86 teachers' certificates, rule 55 206 see also Evening Schools- Forms for reports, Commissioner of Education, to prepare, sec. 23 16 Free public schools, constitutional provision for 5 G. Governor, industrial schools, trustee of, sec. 373 168 school fund, trustee of, sec. 206 100 State board of children's guardians, appoint members of, sec. 432 187 Graded schools, salaries, sec. 274 133 470 INDEX. H. PAGE. Heating of school-houses, rules 233 High schools, approval of, rules 1 to 6 222 to 225 conditions of, rule 3 223 certificates for partial work, rule 5 224 graduates of approved, admitted to State Normal Schools, rule 6 224 partial registration of, rule 4 224 supervision of, sec. 7, div. Ill 10 teachers, apportionment, sec. 223, div. Ic 108 work, certificate rating, rules 217 Holidays, exercises preceding, sec. 287 ! 141 teachers not required to teach on, sec. 124 65 Household arts education, sec. 322d 153 school, defined, sec. 322c 153 vocational certificates, rule 59, 64, 65 207, 208 see also Vocational schools. Hygiene, lectures on, by American Museum of Safety, sec. 447 191 I. Incorporated towns, see Townships. Incorporation of boards of education, sec. 52, 95 27, 45 county vocational schools, sec. 334 156 industrial school trustees, sec 376 169 teachers' retirement fund, sec. 268, div. V 130 union-graded schools, sec. 162 81 union vocational schools, sec. 325 154 Indebtedness of school districts, sec. 41-43 23, 24 Indentured children, sec. 443 190 Industrial arts, certificates, rule 5 217 school, defined, sec. 322e 153 schools, see also Vocational schools. Industrial education, defined, sec. 322b 153 Supervisor of, see Supervisor of Industrial Edu- cation. Industrial schools, appropriation equal to local, sec. 370 167 appropriation for building by State, sec. 377 169 bonds, power to issue, in second class cities, sec. 379. . 170 buildings, control of, sec. 373 168 local tax, sec. 372 168 moneys under direction of trustees, sec. 371 167 reports of, sec. 373 168 supervision of, sec. 7, div. V 11 trustees of, sec. 373 168 INDEX. 471 PAGE. appointment of, sec. 373 168 authority to erect buildings, sec. 378 170 compensation none, sec. 374 169 corporate name, sec. 376 169 expenses, sec. 375 169 powers of, sec. 373 168 terms of, sec. 373, 375 168, 169 treasurer of, sec. 373 168 tuition fees, sec. 373 168 Industrial training for dependent children, sec. 353 163 Industrial vocational certificates, rules 59 to 61 207, 208 Infectious diseases, see Contagious diseases. Injuries to employees of Boards of education, liability, sec. 411, 412 180 Injuries to school property, sec. 425 184 Inspector of Accounts, appointment by State Board of Education, sec. 3, div. VI 8 attendance before, of members or employees of Boards of Education compulsory, sec. 3, div. XI 9 Inspector of Buildings, appointment by State Board of Education, sec. 3, div. V 8 attendance before, of members or employees of Boards of Education compulsory, sec. 3, div. XI 9 Institutes, see Teachers' institutes. Insurance, sec. 97, div. VI 47 appropriations for, sec. 409 179 method of, insurance fund commissioners, sec. 410 180 municipal insurance fund, authorized, sec. 406 178 rates of, may be fixed by insurance fund commissioners, sec. 407 179 school-houses, how to be used, sec. 157 78 school property, sec. 57 28 State normal schools, sec. 235 115 Insurance fund commissioners, investment of premiums, sec. 408 179 method of insuring, sec. 410 180 rates of insurance, may fix, sec. 407 179 Interest, district orders, sec. 230 114 surplus revenue, to be appropriated for schools, sec. 280 139 Investment of school fund, sec. 210-214 100 to 102 teachers' retirement fund, sec. 263 124 J. Janitors, appointment of, sec. 97, div. II and III 46, 47 removal of, must have hearing, sec. 314 148 rules to govern, Boards of Education may make, sec. 313 148 472 INDEX. TAGE. Jury service not required of teachers, sec. 129 66 Juvenile courts, dependent schools, may send children to, sec- 352 163 powers not altered by dependent children school act, sec. 363 165 report of superintendent of schools for dependents, sec. 357 165 Kindergartens, ages of children, sec. 171 85 boards of education may establish, sec. 171 85 certificates, sec. 172, rules 10, 41 85, 197, 204 expenses of, sec. 173 86 supplies may be purchased without advertisement, sec. 59 29 teachers in, sec. 172 85 L. Labor, Department of, to receive papers in "age and working" and "age and schooling" cases, sec. 193 93 Language certificates, rule 50 205 Law, school, Commissioner of Education to print, sec. 23 16 unconstitutionality of a section not to affect other sections, sec- 297. 144 Lectures, accident prevention, by American Museum of Safety, sec. 447. . 191 boards of education in cities may provide, sec. 403 178 free, no admission fee, sec. 405 178 medical inspector to teachers, rule 9 228 necessary apparatus may be provided, sec. 404 178 Liability for injury to employees of Board of Education, sec. 411, 180 payments, how made, sec. 412 180 Libraries, see School libraries. Libraries, see Teachers' libraries. Libraries, county pedagogical, county superintendents to establish, rule 8. 219 Library Commission, see Public Library Commission. Light in school-houses, rules 232 Lincoln's birthday, sec Holidays. Living apartments not permitted in school-houses, rules 241 M. Manual training, apportionment, rules 5, 6 230 appropriation for, sec. 251 1 T 9 balances, rule 1 229 report required before granting, rule 15 231 INDEX. 473 PAGE. certificates, rule 43 204 course of study, sec. 251 120 approval by State Board of Education, rule 2.. 229 funds, balances, rule 1 229 rooms in school buildings, rules 237 schools, report of, sec. 253 120 trustees of, sec. 252 120 State aid funds, rules 1 to 15 22910231 how used, rules 10 to 12 230 kindergarten supplies not to be purchased, rule 14 230 teachers must give entire time, rule 7 230 tax for, sec. 251 119 teachers must hold certificates, rule 4 230 Manual Training and Industrial School for Colored Youth, appropria- tion deducted from school fund, sec. 317 150 appropriations for, sec. 249. . . . IIQ control of, sec. 2, 247 8, 118 pupils in, sec. 248 119 treasurer of, sec. 250 119 vacancies, rules 1 to 3 231 Medical examination, sec. 150, rules 4, 5 75, 22 7 Medical inspections, age and working certificates, sec. 190 92 blanks furnished by Commissioner of Education, rule 5 226 rules for local boards of education, rules 1 to 7. .225, 226 school exemption certificates, sec. 190 92 visits, when to be made, rule 2 226 Medical inspectors, rules 1 to 10 226 to 228 certificate of, on pupil's age, sec. 188 91 compulsory education, certificates, sec. 100 92 duties of, sec. 145, 278 73, 138 examination of pupils, rules 4, 5 227 lectures to teachers, rule 9 228 pupils, may exclude from school, sec. 278 138 reports of, rule 2 225 salaries, rule 3 225 sanitary conditions of schools, to examine, rule 8. . . . 228 terms of, rule 1 225 union of districts, rule 4 225 vaccination, certificate of exemption, rule 10 228 Meetings, city superintendents, to be held yearly, sec. 7, div. X 12 county superintendents, to be held yearly, sec. 7, div. X 12 district clerk to issue notices, sec 102 51 474 INDEX. PAGE. State Board of Education, prescribed by their rules, sec. 1 8 township boards of education, sec. 89, 100, 102, 104 42,50,51,52 voters, special, sec. 97, div. X 48 Memorial Day, see Holidays. Model schools, admission to, sec. 151 76 State Normal Schools, sec. 237 115 tuition fees, sec. 151 76 held in trust, sec. 238 115 Municipal insurance fund, authority to insure in, sec. 406 178 Music certificates, rule 49 _ 205 N. Narcotics, effects of, to be taught, sec 282 140 Nationality, pupils not to be excluded on account of, sec. 149 75 New Jersey School for the Deaf, appropriation deducted from school fund, sec. 317 150 contract for supplies, sec. 244 117 control of, by State Board of Education, sec. 2, 243 8, 1 16 object of, sec. 242 116 pupils, sec. 243, 245 1 16, 1 17 repairs to, sec. 244 117 superintendent of, sec. 243 116 teachers, sec. 243 116 title of, sec. 242 116 treasurer of, sec. 246 118 tuition free, sec. 242 116 Non-resident pupils, sec. 140, 142 71, 72 Normal school certificates, rules 1 to 11 217. 218 city, valid only in city where issued, rule 7. . 196 diplomas endorsed, rule 17 197 qualify for teaching, sec. 38 21 Normal school in county of first class, State Board of Education may take over, sec. 240 116 Normal schools, see also State normal schools. Oath of office, members of boards of education, sec. 49, 96 26, 46 Oaths, authority of State Board of Education to administer, sec. 9.... 12 Boards of Education, power to administer, sec. 131 58 Office, Commissioner of Education, sec. 12 13 County Superintendent provided by Chosen Freeholders, sec. 34. 19 INDEX. 475 PAGE. State Board of Education in State House, sec. 1 7 Officers, penalty for bribery of, sec. 426 184 penalty for having interest in furnishing supplies, sec. 427 184 Organization of city boards of education, sec. 46, 53 26, 27 boards of school estimate, sec. 8o. . , 35 county vocational schools, sec. 333 156 township boards of education, sec. 96 45 union-graded schools, sec. 163 81 Out-houses, sec. 1 53 77 provision of, rules 240 tax for, sec. 1 53 77 Overseer of the poor, duties in connection with State Board of Chil- dren's Guardians, sec. 439 189 P. Parks, City Boards of Education may transfer land for, sec. 388, 389. . . . 173 Part-time class, defined, sec. 322h 153 Passport as proof of pupil's age, sec. 188 90 Penalty, Board of Education, for violation of law, sec. 19 IS Commissioner of Education may remit, sec. 44.... 24 bribery, sec. 426 184 in giving out printing, sec. 428 185 buildings, failure to provide, sec. 152 76 certificates, for not holding, sec 132 68 compulsory education, false evidence, sec. 189 91 conferring degrees contrary to law, sec. 423 183 county superintendent, neglect to perform duties, sec. 18 15 violation of law, rule 5 219 custodian of school moneys, failure to report, sec. 231 114 disbursements in excess of appropriation, sec. 429 185 disturbing schools, sec. 425 184 drinking cup, for failure to observe rule regarding, sec. 309. .. . 147 employers for non-compliance with compulsory education law, sec. 195 and 196 94. 95 exceeding appropriation, sec. 429 185 exclusion of pupils, sec. 149 75 improper use of school moneys, sec. 277 138 injuring school property, sec. 425 184 non-attendance at meetings, sec. 50, 103 27, 52 officers having interest in furnishing supplies, sec. 427 184 parents and guardians, compulsory education, sec. 198, 199 96,97 repeated absence from school, sec. 197 95 teachers, violation of the law, sec. 20 15 text-books, interest in sale of, officers or teachers, sec. 183 88 476 INDEX. PAGE. Penmanship certificates, rule 48 204 Pension, supervisors, sec. 133 68 teachers, sec. 133 68 teacher-clerks, sec. 133 68 see also Retirement, Teachers'. Physical training certificates, rule 51 205 Physiology, examination in, required for teachers' certificates, sec. 283. .. 140 Plans for school buildings, approved, sec. 154 77 Powers of boards of education, sec. 54 to 83, 97, 164, 166 27 to 38, 46, 81, 83 boards of school estimate, sec. 81 to 83 36, 37 county superintendents, sec. 30 18 Principals, appointment of, sec. 97, div. II, III, 99, 120 46, 47, 50, 63 certificates, must hold, rule 1 *95 Principals, dismissal of, sec. 99, 120 50, 63 promotion of, sec. 120 63 salaries of, sec. 120 63 in graded schools, sec. 274 133 State Normal Schools, sec. 233 114 members of State Board of Exam- iners, sec. 36 20 supervisor's certificate, must hold in certain cases, rule 35- •• • 203 suspension of, sec. 76 34 tenure of employment, sec. 120 63 transfer of, sec. 99 50 Printing, penalty for bribery in giving out, sec. 428 185 Prison, see State Prison. Private school laws may not be passed by Legislature 5 Private schools, reports of, sec. 22 16 Private secondary schools, graduates of registered, admitted to State Normal Schools, rule 2 225 registration of, rule 1, 2 225 Promotion, rules for, districts prescribe own, sec 7, div. VII 11 principals, sec. 120 63 teachers, sec. 120 63 Provisional certificates, rules 72 to 76, 87 211 to 214 Public Instruction, Department of, see Department of Public Instruction. Public Library Commission, expenses, how paid, sec. 258 121 school libraries, to make rules and regulations, sec. 255 121 Public schools, constitutional provision for 5 Punishment of crimes, extract from act concerning, sec. 426 184 Pupils, accident prevention, instruction to be given, sec. 445 191 accommodations for, sec. 152 76 admission of, sec. 140, 148 71, 74 ages of, sec. 140, 185, T87 71,89,90 proofs, sec. 188 90 apportionment for, sec. 223, div. 1 108 INDEX. 477 PAGE. attendance, apportionment, sec. 223, div. II, rules 1 to 5 109,222 denned, rule 2 222 blind, special classes for, sec. 150 75 color no reason for exclusion, sec. 149 75 colored industrial school, sec. 248 119 compulsory attendance, sec. 184 to 205 88 to 99 contagious diseases, how readmitted, rule 6 226 may be excluded if exposed to, sec. 145 73 corporal punishment prohibited, sec. 126 66 county vocational schools, sec. 335, div. VII 157 course of study, must pursue prescribed, sec. 144 72, damage to school property, sec. 144 72 deaf, special classes for, sec. 150 75 deficient, special classes for, sec. 150 75 employment outside of school hours, sec. 196 95 exclusion for contagious diseases, rule 6 227 exclusion from school by medical inspector, sec. 278 138 Farnum Preparatory School, tuition, sec. 307 146 medical examinations of, rules 4, 5 227 model school, admission to, sec. 151 76 nationality, no reason for exclusion, sec. 149 75 New Jersey School for the Deaf, sec. 243, 245 116, 117 non-residents may be admitted, sec. 140, 142 71, 72 penalty for repeated absence from school, sec. 197 95 exclusion by Boards of Education, sec. 149 75 religion no reason for exclusion, sec. 149 75 school regulations, must comply with, sec. 144 73 State normal schools, allotment to each county, sec. 236 115 declaration at admission, sec. 236 115 State Prison School, keeper's consent, sec. 385 172 suspension or expulsion, sec. 97, div. VIII, 125, sec. 335, div. VII 47,66,157 suspension, reasons for, sec. 144 7$ teachers may suspend, sec. 125 66 transfer of, sec. 142 72 transportation of, sec. 141, 223 72, 107 apportionment for, sec. 223, div. Ik 109 tuition fees, sec. 143, 223 72, 107 non-resident, sec. 140 71 reports to be made, rules 231 vaccination of, sec. 145, 146 73, 74 478 INDEX. Q. PAGE. Qualifications, county superintendents, sec. 27 17 members, city boards of education, sec. 48 26 state board of education, sec. 1 7 township boards of education, sec. 94 45 vocational schools, county, sec. 332 156 supervising principals, sec. 98 49 teachers, sec. 38 21 voters at school meetings, sec. 93 44 Qualifying academic certificate, application for, sec 414 181 care and use of fund, sec. 415, 416 181 denned, sec. 413 181 Quarantine, attendance in case of, rule 4 222 R. Railroad tax, sec. 315 148 apportionment of, sec. 315 .' 148 apportionment by county superintendents, sec. 315 149 certiorari to review payment by railroad, sec. 316 150 county vocational schools, sec. 344 i6r summer schools for teachers, appropriation, sec. 350 162 time of payment to schools, sec. 315 149 Rainy day sessions, attendance, rule 5 222 Ratification of all acts under 1903 law, sec. 303 145 Register, attendance, rules 1 to 5 222 teacher to keep, sec. 123 65 Religion, pupils not to be excluded, sec. 149 75 Religious exercises in schools, sec. 128 66 Removal, assistant superintendents, sec. 72 33 business manager, sec. 77 34 city superintendent of schools, sec. 71 33 district clerk, sec 102 51 janitors, sec. 314 148 members, boards of education, sec. 50, 103, 161 27, 52, 80 secretary, board of education, sec. 63 30 teachers, sec. 75 33 Repairs may be ordered, sec. 59 29 state normal schools, sec. 235 115 Reports, city boards of education, sec. 61 30 city superintendent, sec. 74 33 Commissioner of Education, monthly, to State Board of Edu- cation, sec. 7, div. XII 12 annual to be submitted, sec. 24. . . . 16 county superintendent of schools, sec. 31 19 county vocational schools, sec. 335, div. X 157 INDEX. 479 PAGE. custodian of school moneys, sec. 32, 225 19, 1 1 1 penalty for failure, sec. 231 114 district clerks, sec. 32 19 evening schools, sec. 178 87 industrial schools, sec. 373 168 institutions receiving state funds, sec. 22 16 manual training schools, sec. 253 120 medical inspectors, • rule 2 225 school fund, sec. 215 102 schools for dependent children, sec. 356 165 secretary of board of education, sec. 66, 70 31, 32 State Board of Children's Guardians, sec. 436 188 State Board of Education, sec. 5 10 State Prison School, sec. 387 172 superintendents of schools, to county superintendents, sec. 32. . 19 teachers' institutes, sec. 281 139 teachers' retirement fund, sec. 263 126 township boards of education, sec. 97, div. XIII 49 Reserve fund, state school tax, sec. 220 105 Residence of members of boards of education, sec. 306 146 Retirement, certificates of, sec. 134 69 State Comptroller to deduct from apportionment, sec. 139. .. 70 supervisors, eligibility, sec. 133 68 teacher-clerks, eligibility, sec. 133 68 teachers, application for, sec. 134 69 application must be considered by Commissioner of Education, sec. 134 69 Commissioner of Education to certify annual amount, sec. 138 70 eligibility, sec. 133 68 payments, sec. 135, 137 69, 70 records are public, sec. 136 70 see also Pensions. Retirement fund, see Teachers' retirement fund. Riparian lands part of school fund, sec. 208, 209 100 Rules and regulations, State Board of Education to prescribe, sec. 3, div. I 8 Rutgers scholarships, appropriation deducted from school fund, sec. 317. . 150 S. Salaries, business managers, sec. 77 34 city superintendents of schools, sec. 71 33 Commissioner of Education, sec. 6 10 county superintendents, sec. 28 _ 17 4 8o INDEX. PAGE. district clerks, sec. 102 51 medical inspectors, rule 3 225 principals, sec. 120 63 in graded schools, sec. 274 133 reduction of teacher's, sec. 130 67 secretary, boards of education, sec. 63 30 State Board of Examiners, sec. 36 20 teachers, sec. 120, 124, 127 63, 65 graded schools, sec. 274 133 may be withheld, sec 123 65 referendum on, sec. 275, 276 137, 138 retirement fund deduction, sec. 267 129 withheld in certain cases, sec. 20, 123, rule 1 15,65,221 Sanitary condition of school buildings, examination of, rule 8 228 School attendance, rules 1 to 5 222 School bonds, see Bonds. School day defined for purposes of apportionment, rule 1 222 School debt, district clerk to report yearly, sec. 113 59 School districts, Article VI applies to certain town, township and bor- ough districts, sec. 302 145 balances, sec. 40 22 boundaries of, sec. 39 22 civil service law applies to, sec. 310 147 county collector may withhold funds, sec. 7, div. XI 12 indebtedness of, sec. 41-43 23, 24 new, how constituted, sec. 40 22 property, title to, sec. 41 23 School districts, see also Cities school districts, Townships school districts. School exemption certificates, record to be kept, sec. 194 93 supervisor of, definition, sec. 184 88 see also Supervisor of school exemption certificates. School fund, sec. 206 to 217 100 to 103 apportionment from, sec. 216, 223 102, 107 appropriations from, sec. 210 100' bonds, coupon to be changed to registered, sec. 217 102 Commissioner of Education a trustee, sec. 8 12 deductions to be made, sec. 317 150 investment of, sec. 210-214 100 to 102 report of, sec. 215 102 riparian lands, sec. 208, 209 100 secretary of, sec. 207 100 state comptroller's warrant to county collector, sec. 221 106 trustees, sec. 206 100 see also Trustees of school fund. see also State school fund. School-houses, see Buildings- INDEX. .481 PAGE. School laws, Commissioner of Education to print, sec. 23 16 constitutionality of, sec. 297 144 School libraries, sec. 254 to 258 121 appropriation for, sec. 254 121 appropriations, additional, sec. 257 I2j consolidation of, sec. 256 121 Public Library Commissioner expenses, how paid, sec. 258 121 rules for, sec. 255 12) rules and regulations to be made by Public Library Commis- sioner, sec. 255 I2J tax for, sec. 254 , 121 School meetings, qualifications of voters at, sec. 93 44 School property, conveyance to municipality, for nominal sum, sec. 390. . 173 insurance, sec. 57 28 title vested in board of education, sec. 41, 54, 55, 56 23, 27, 28 transfer for park purposes, sec. 388, 389 173 School receiving state funds to report annually, sec. 22 16 School records, vouchers, etc., must be produced for State Board of Education, sec. 3, div. XI 9 School regulations, pupils must comply with, sec. 144 73 School supplies, boards of education, to furnish, sec. 181 88 School tax, see District school tax. School term, sec. 99 50 determined, sec. 75 S3 School year, sec. 291 142 county vocational schools, sec. 343 160 defined, rule 14 197 Schooling certificate, see age and schooling certificate. Schools, efficiency to be ascertained by Commissioner of Education, sec. 7, div. VII lir Seal, Boards of Education, sec. 52, 97, div. XII, 164, div. IV, sec. 335, div. IX 27, 19, 82, 157 Commissioner of Education to adopt, sec. 16 14 Seat locations to show on blue prints of school-houses, rules 241 Secondary certificates, limited, rules 26 to 29. 200, 20J permanent, rule 30 201 requirements, rule 26 200 Secondary Education, Supervisor of, see Supervisor of Secondary Education. Secondary schools, approval may be withheld by State Board of Educa- tion, sec. 3, div. IX g certificates, rule 12 \gy see also Private secondary schools. : 4 82 INDEX. PAGE. Secretary, board of education, accountant of board, sec. 67 3 1 appointment of, sec. 57, 63 28, 30 bond, sec. 63 30 clerks, may appoint, sec. 64 30 continuance in office, sec 294 14 2 duties of, sec. 65-67 30, 3* removal, sec. 63 30 report monthly, sec. 66, 70 31. 3 2 salary, sec. 63 30 board of school estimate, sec. 80 36 county vocational schools, sec. 335, div. XI 157 school fund, sec. 207 100 State Board of Education, Commissioner of Education, sec. 14. . 13 clerk to be designated to act, sec. 7, div. I 10 teachers' retirement fund, sec. 263 124 salary, sec. 268, div. Ill 130 Secretary of State, secretary of school fund, sec. 207 100 trustee of school fund, sec. 206 100 Sewing certificate, rule 45 204 Sinking fund, city school bonds, sec. 83 38 cities of the second class, sec. 379 170 who shall be custodian, sec. 229 113 Sinking Fund Commissioners, bonds must be offered to, sec. 301 145 Special certificates, rules 41 to 58 204 to 207 Special limited certificates, how made permanent, rule 39 203 subjects allowed to be taught, rule 37 203 Staircases in school-houses, construction of, rules 238 State Agricultural College, see Agricultural College. State appropriation, apportionment to districts, sec. 44 24 State Board of Children's Guardians, sec. 432 to 444 187 to 190 act to be liberally construed, sec. 444 190 appointment of, sec. 432 187 commitment of children, sec. 440. . . 190 funds, how provided, sec. 437, 438. . 189 indentured children, sec. 443 100 powers and duties of, sec. 434, 435.187, 188 • reports of, sec. 436 188 return of children, sec. 441 190 term of, sec. 432 187 visitations of, sec. 436 188 vacancies, sec. 433 187 ward of, sec. 439 189 INDEX. 483 PAGE. State Board of Education, accounts inspector, to appoint, sec. 3, div. VI. . 8 appeals to, sec. 7, div. VI, 15, rules 1 to 6. . . . 11, 13, 228, 229 time and manner, sec. 11 13 appointment of, sec. 1 7 attendance before it of members or employees of Roard of Education compulsory, sec. 3, div. XI 9 bookkeeping system for all school districts, to prescribe, sec. 3, div. VII Q building inspector, to appoint, sec. 3, div. V. .. 8 by-laws, may adopt, sec. 3, div- 1 8 colored industrial school, control of, sec. 2.... 8 county vocational schools, may withdraw ap- proval, sec. 345. . 161 rules for, sec. 329. 155 deaf, school for, control of, sec. 2, 243 8, 116 decides appeals from decisions of Commis- sioner of Education, sec. 3, div. Ill 8 decisions, county superintendents must have obeyed, rule 3 219 degrees conferred, must approve, sec. 422 183 dependent children, schools for, must approve, sec. 362 165 determine payments for, sec. 354 164 regulation of, sec. 360 165 evening schools, to assist in establishing. sec. 179 87 evening schools for foreign-born, prescribe rides for, sec. 176 85 expenses to be paid, sec. 4 10 Farnum Preparatory School, control of, sec. 2. 8 high schools, approval of, rules 1 to 6. . . .222 to 22s manual training course of study, must ap- prove, rule 2 229 meetings to be prescribed by their rules, sec. 1 . 8 model schools, may maintain, sec. 237 115 New Jersey School for the Deaf, control of, sec. 2, 243 8, 116 treasurer, to appoint, sec. 246.... 118 normal school, may accept from counties, sec. 240 116 normal schools, control of, taken over from counties, sec. 24 1 116 oaths, authority to administer, sec. 9 12 office to be provided in State House, sec. 1 . . . . 7 4 8 4 INDEX. PAGE. power to issue subpoenas compelling attend- ance of witnesses, sec. 3, div. XII 9 powers of, sec. 3 ° qualifications of, sec. 1 7 report to be made, annually, sec. 5 10 rules and regulations 193 to 241 to prescribe, sec. 3, div. I. . 8 to be enforced by Com- missioner of Education, sec. 14 13 school records, vouchers, etc., must be pro- duced for, sec. 3, div. XI 9 secretary to be Commissioner of Education, sec. 14 r 3 secretary-clerk designated by Commissioner of Education, sec. 7, div. 1 10 state normal schools, control of, sec. 2, 233 8, 114 supervising principals, to appoint in certain cases, sec. 3, div. VIII 8 teachers' certificate, to grant, sec. 3, div. IV. . 8 examinations, to make rules for, sec. 3, div. IV 8 term of office, sec. 1 7 treasurers of normal schools, to appoint, sec. 234 " 5 vacancies filled, sec. 1 — • • 7 witnesses, authority to examine, sec. 9 12 State Board of Examiners, appointment of, sec. 36 • • • 20 certificates, may issue, rule 7 196 Commissioner of Education a member, sec. 36 20 compensation, sec. 36 2° method of conducting examinations, rules 77 to 86 213,214 state normal school principals, members, sec. 36 20 summer schools for teachers, sec 347 162 » State Board of Health, penalty for failure to observe rules of, sec. 309- ■ • M7 rules regarding common drinking cup, sec. 308. . . 146 State certificates, classification, rule 8 T 96 endorsement, rule 17 r 97 examinations, rule 18 J 98 granted in another state, endorsed, rule 17 198 granted by State Board of Examiners, sec. 36, rule 7-20, 196 INDEX. 485 PAGE. State Comptroller, apportion state school tax, sec. 218 apportionment, duty in regard to, sec. 321 may pay in installments, sec. 319 appropriations, time of payment, sec. 318 appropriation for county vocational schools from railroad tax, sec. 344 blind students, to pay tuition of, sec. 420 deductions in appropriations made in certain cases, sec. 317 evening school expenses, sec. 180 libraries appropriations, sec. 254, 259 121, Library Commission expenses, to pay, sec. 258 member of trustees of school fund, sec. 206 normal school repairs, to pay, sec. 235 railroad tax, to apportion, sec. 315 retirement, to deduct from apportionment, sec. 139.. . school fund trustee, sec. 206 , school fund warrant to county collector, sec. 221 state appropriation warrant to county collector, sec. 221 state school tax, warrant to county collector, sec. 221 . State Prison School, expenses to pay, sec. 386 summer schools for teachers, to pay expenses, sec. 349 teachers' institutes, expenses, to pay, sec. 281 State Federation of District Boards of Education, sec. 364 to 369 constitution of, sec. 364 delegates to, sec. 365 . . . expenses, how paid. sec. 369 officers of, sec. 367 powers of, sec. 366 rules of, sec. 368 State normal schools, sec. 232 to 241 114 to appropriation deducted from school fund, sec. 317. . boarding hall receipts held in trust, sec 238 purchases, how made, sec. 239 control of, by State Board of Education, sec. 2, 233 8, courses of study, sec. 233 diplomas, sec. 233 486 INDEX. PAGE. members of State Board of Examiners, sec. 36 20 private secondary school graduates admitted, rule 2 225 pupils allotted to each county, sec. 236 115 declaration at admission, sec. 236 US repairs to, sec. 235 i T 5 State Board of Education to have control, sec, 2, 233 8, 114 teachers in, sec. 233 TT 4 treasurers of, sec. 234 i: 5 tuition free, sec. 232 TI 4 State officers, penalty for bribery of, sec. 426 184 penalty for bribery in connection with printing, sec. 428. .. 185 State Prison School, authorized, sec. 380 *7l course of study, sec. 382 172 expenses, how paid, sec. 386 172 pupils, keeper's consent, sec. 385 172 report, sec. 387 172 rules, sec. 382 171 teachers, appointment of, sec. 382 171 qualifications of, sec. 383, 384 172 text-books, sec. 382 171 State Prison School Board, members, how appointed, sec. 381 171 supervision of state prison school, sec. 380. . . 171 term of office, sec. 381 171 State School Fund, apportionment to the counties, sec. 21 16 State School Fund, see also School Fund. State School tax, sec. 218 to 224 103 to 1 10 apportionment of, sec. 218 103 apportionment to districts, sec 44 24 balances, apportionment of, sec. 224 110 payment by county collector, sec. 219 104 reserve fund, sec. 220 105 state comptroller's warrant to county collector, sec. 221 . 106 withheld in certain cases, sec. 219 104 State Superintendent of Public Instruction, same as Commissioner of Education, sec. 10 12 State Treasurer, member of school fund, sec. 206 100 school fund, report, sec. 215 102 teachers' retirement fund, treasurer of, sec. 264 126 Stenography and typewriting certificates, rule 47 204 Students, Agricultural College, amount of scholarships, sec. 396 176 appointment of, sec. 393 175 Sub-normal children, method to be prescribed to ascertain, sec. 7, div. IX 12 Subpoenas, Boards of Education, power to issue, sec. 131 67 State Board of Education may issue, sec. 3, div. XII 9 INDEX. 487 PAGE. Summer schools for teachers, sec. 347 to 350 162 appropriation from railroad tax, sec. 350. . 162 expenses, how paid, sec. 349 162 how established, sec. 347 162 rules of, sec. 348 162 Superintendent of schools, appointment of, sec. 57 28 report to County Superintendents, sec. 32. .. . 19 Superintendents, see also City superintendents, county superintendents. Supervising Principals, appointment by State Board of Education, sec. 3, div. VIII 9 appointment of, sec. 98 49 apportionment for, sec. 223, div. la 107 duties of, sec. 98 49 qualifications of, sec. 98 49 supervisor's certificate, must hold, rule 35 203 term of employment, sec. 130 66 union of districts, sec. 98 50 union-graded schoools, sec. 164, div. V 82 Supervisor of Elementary Education, Assistant Commissioner of Edu- cation to be so designated, sec. 7, div. IV 11 duties to be defined, sec. 7, div. IV " Supervisor of Industrial Education, Assistant Commissioner of Educa- tion to be so designated, sec 7, div. V 11 duties to be defined, sec. 7, div. V. 11 Supervisor of school exemption certificates, affidavits, to take, sec. 189. . 91 definition, sec. 184 88 issues permit to work out- side school hours, sec. 196 95 record to keep, sec. 194 93 Supervisor of Secondary Education, Assistant Commissioner of Educa- tion to be so designated, sec 7, div. Ill 10 duties to be defined, sec. 7, div. Ill 10 Supervisors, definition of, rule 15 197 certificates, must hold, rules 1, 31 to 34 195, 20 - limited and permanent, rules 31 to 34 202 pension for, sec. 133 68 retirement, eligibility, sec. 133 68 vocational certificates, rules 59, 70, 71 208, 211 Supplies, advertisements for, sec. 59, 60, 431 28, 29, i85 county vocational schools, sec. 337 157 penalty for interest in furnishing, sec. 427 184 Surplus revenue interest appropriated for schools, sec. 280 139 488 INDEX. PAGE. Suspension of assistant superintendent, sec. 76 34 principal, sec. 76 34 pupils, sec. 97, div. VIII, 125, 335, div. VII 47, 66, 157 reasons for, sec. 144 73 teacher, sec. 76 34 teacher's certificate, sec. 122 65 T. Tax, manual training schools, sec. 251 119 railroad, for schools, sec. 315 148 Tax, school libraries, sec. 254 121 Tax, see also District school tax. Taxation, manual training, sec. 251 119 Teacher-clerks, pension, sec. 133 68 retirement, eligibility, sec. 133 68 Teachers, accident prevention, to give instruction in, sec. 445 191 Agricultural 'College, power to employ, sec. 401 177 appointment, sec. 58, 75, 97, div. II, III, 99, 120. .28, 33, 46,47, 50, 63 apportionment for, sec. 223, div. I 108 attendance report, to file, rule 1 221 blind classes, apportionment for, sec. 223, div. lb 108 certificates, application for, rules 2 to 5 195-196 must hold, sec. 120, 127, rule 1 63, 66, 195 penalty for not holding, sec. 132 68 renewal of, rule 6 196 revocation of, rule 9 196 rules for, rules 195 to 218 State Board of Education to grant, sec. 3, div. IV 8 state requirement in physiology, sec. 283 14° suspension of, sec. 122 • 65 see also Certificates, Teachers'. charges against, sec. 130 67 contagious diseases, may be excluded if exposed to, sec. 145. . 73 contracts with, sec. 120, 124 63, 65 district clerk to re'port, rule 90 215 corporal punishment prohibited, sec. 126 66 county vocational schools, sec. 335, div. IV 157 deaf classes, apportionment for, sec. 223, div. lb 108 dismissal of, sec. 58. 99, 120, 121, 130 28, 50, 63, 64, 67 employment of, boards of education to make rules, rule 91. .. . 215 city superintendent to keep record, rule 89. .. 215 county superintendent to keep record, rule 89. 215 evening schools, sec. 176 86 for foreign born, certificates, rule 55 206 INDEX. 489 PAGK. examination of, rules to be made by State Board of Educa- tion, sec. 3, div. IV 8 by state, county and city boards, sec. 36 to 38.20, 21 high school, apportionment for, sec. 223, div. Ic 108 holidays, not required to teach on, sec, 124. .- 65 institutes, must attend, rule 3 221 jury service not required, sec. 129 66 kindergartens, special certificate, sec. 172 85 manual training, certificates must hold, rule 4 230 New Jersey School for the Deaf, sec. 243 116 penalty for interest in sale of text-books, etc., sec. 183 88 violation of law, sec. 20 15 pension for, sec. 133 68 promotion of, sec. 120 63 pupils, may suspend, sec. 125 66 qualifications, sec. 38 21 reduction in number for reason, sec. 132 68 register, to file, rule 1 221 register, to keep, sec. 1^ 65 religious exercises in schools, sec. 128 66 removal of, sec. 75 33 reports of, county superintendents must preserve, rule 4 219 retirement, application for, sec. 134 69 certificate of, sec. 134 69 eligibility, sec. 133 68 payments, sec. 135, 137 69, 70 public records, sec. 136 70 see also Pensions. salaries of, sec. 120, 124, 127 63, 65, 66 custodian to pay on one warrant, sec. 225 in graded schools, sec. 274 133 reduction, sec. 130 67 referendum on, sec. 275, 276 137, 138 retirement fund deduction, sec. 267 129 withheld in certain cases, sec. 20, 123, rule 1 15, 65, 221 salary checks, who may sign, sec. 226 in state normal schools, sec. 233 114 State Prison School, sec. 382 171 qualifications of, sec. 383, 384 172 summer schools for, sec. 347 to 350 162 suspension of, sec. 76 34 suspension of pupils, sec. 125 66 tenure of employment, sec. 120, 130 63, 66 transfer of, sec. 75, 99 33, 5o vaccination of, sec. 145 73 490 INDEX. PAGE. Teachers' institutes, commissioner of education, to arrange, rule i 220 county superintendent, to assist at, rule 5 221 expenses of, sec. 281, rule 4 I39> 22 i how defrayed, sec. 281 139 joint sessions, rule 1 220 lectures for, sec. 281 139 reports on, sec. 281 139 rules, 1 to 5 220, 221 schools closed during, rule 2 221 State Board of Education to prescribe rules for, sec. 3, div. II 8 teachers must attend, rule 3 221 Teachers' libraries, appropriation for, sec. 259 122 control of, sec. 260 122 rules for, sec. 260 122 Teachers' retirement fund, sec. 261 to 273 122 to 133 annual convention, sec. 262 123 annuities, amount of, sec. 265 127 how granted, sec. 265 127 suspension of, sec. 265 128 when paid, sec. 266 128 application for retirement, sec. 265 127 appropriation for expenses, sec. 273 132 bequests to, sec. 267, div. II 129 bonds allowed to be purchased, sec. 263 124 Commissioner of Education, a trustee, sec. 261 122 corporate name, sec. 268, div. V 13° county conventions, sec. 262 123 county delegates, method of selecting, sec. 262 124 expenses met by State, sec. 263 126 fiscal year, sec. 263 126 how constituted, sec. 267 128 investment of, sec. 263 124 members, change of position, sec. 270 131 eligibility, sec. 272 132 waivers of rights, sec. 269, div. I. .. . 130 when may join, sec. 269, div. II, III, IV, 131 membership, cessation of, sec. 265 128 to be ascertained, sec. 271 132 office, sec. 261 123 president of, sec. 263 124 report, sec. 263 126 salary deductions for, sec. 267 > 129 school boards to ascertain membership, sec. 271 132 secretary, sec. 263 124 INDEX. 491 PAGE. salary of, sec. 268, div. Ill 130 securities, control of, sec. 268, div. VI 130 treasurer, sec. 264 126 report of, sec. 264 126 trustees of, sec. 261, 262 122, 123 trustees, powers of, sec. 268 129 vacancies, sec. 261 123 witnesses, may subpoena, sec. 268, div. II 130 vice-president, sec. 263 124 warrants, how issued, sec. 264 126 Technical school records for teachers' certificates, rule 17, If iq8 Technical vocational certificates, rules 59, 66, 67 207, 210 Tenure of employment, janitors, sec. 314 148 principals, sec. 120 63 teachers, sec. 120, 130 63, 66 truant officers, in cities, sec. 311, 312 147 Term, evening schools, sec. 174 86 school term, sec. 75, 99 33, 5° Term of office, boards of education, sec. 45, 87 25, 40 towns of over 10,000, sec. 91 44 business manager, sec. 57 28 Commissioner of Education, sec. 7 10 county attendance officer, sec. 204 99 county vocational schools, sec. 331 155 industrial school trustees, sec. 373, 375 168, 169 medical inspectors, rule 1 22 5 State Board of Education, sec. 1 7 State Prison School Board, sec. 381 171 supervising principals, sec. 130 66 teachers, sec. 130 67 Text-books, sec. 99, 181 50, 88 accident prevention, to be prepared, sec. 446 191 boards of education, vocational schools, to provide, sec. 335, div. VIII 157 care of, sec. 182 88 county vocational schools, sec. 335, div. VIII, 337 I 57, 158 penalty for school officer or teacher to be interested, in furnishing, sec. 183 88 purchase of, sec. 59, 97, div. IX 29, 48 purchase without advertisement, sec. 59 29 selection of, sec. 75, 97, div. VII 33, 47 State Prison School, sec. 382 171 Thanksgiving Day, see Holidays. Title to school property, sec. 41, 54, 55, 56, 95 23, 27, 28, 45 Toilets, inside, must be provided in school-houses, rules 239 Towns, incorporated, each to constitute school district, sec. 39 22 492 INDEX. PAGE Towns of over 10,000 population, boards of education, appointment, sec. 91 43 terms of, sec. 91 44 Townships, towns and boroughs, appropriation, how assessed, sec. 85-86. .39, 40 power to make, sec. 84.. . 39 validated, sec. 304 H5 article VI, may adopt, sec. 295 143 boards of education, accident prevention instruction, to print law, sec. 448 191 accounts, sec. 102 51 advertisement for buildings or sup- plies, method of, sec. 431 186 affidavit required with bills, sec. 101. 50 appointment of, sec. 30, div. IV, 45, rules 11, 12 19,24220 appropriation for State Federation, sec. 369 166 attendance officers, sec. 200 97 bonds, may sell to Trustees for the support of public schools, sec. 300. 144 borrow money, sec. 97, div. IV, XIV 47,49 by-laws, to adopt, sec. 97, div. III. . . 46 census of school children, may take, sec. 290 142 certificates of appointment, sec. 45. .. 26 condemn land, sec. 97, div. V 47 consolidated districts, sec. 115 to 119 59,60,62 continuance in office, sec. 294 142 contracts, how made. sec. 100 50 contracts, not to be interested in, sec. 94, 430 45, 185 corporate name of, sec. 95 45 counsel, may employ, sec. 105 52 county superintendents to meet, rule 6 219 course of study, sec. 99 50 may adopt, sec. 97, div. VII 47 delegates to State Federation of District Boards, sec. 365 166 dependent children schools, may es- tablish, sec. 351 163 district clerk, appointment of, sec. 102 51 election of, sec. 87 to 90 40-44 INDEX. 493 PAGE enforce rules of State Board of Edu- cation, sec. 97, div. VII 47 evening schools, may establish, sec. 174 86 report, sec. 178. ... 87 executions against, sec. 289 14 ' flags for school-houses, sec. 279. ... 139 incorporation of, sec. 95 45 industrial schools, local subscription or appropriation, sec. 370 167 insure school property, sec. 97, div. VI 47 janitors, appointment of, sec. 97, div. II and III 46,47 may make rules govern- ing, sec. 313 148 removal of, must have hear- ing, sec. 314 148 kindergartens, may establish, sec. 171 85 legal expenses, sec. 105 5 2 liability for injury to employees, sec. 411 J 8o payments, how made, sec. 412 180 medical inspection, rules 1 to 7 225,226 medical inspectors, must employ, sec. 278 138 rules 1 to 10. .226 to 228 meetings, sec. 100, 104. 5°. 52 special, of voters, may call sec. 97, div. X 48 minutes, sec. 102 51 mortgage school property, sec. 97, div. IV 47 notes may be redeemed by bond issue, sec. 114 • 59 notices of meetings, sec. 89, 102 42, 5* number of members, sec. 87-88 40, 4 1 oath of office, sec. 96 46 organization of, sec. 96 45 penalty for disbursements in excess of appropriation, sec. 429 T % failure to attend meet- ings, sec. 103 52 improper use of school moneys, sec. 277 138 494 INDEX. PAGE. powers of, sec. 97 46 president of, sec. 96 45 principals, appointment of, sec. 97, div. II and III, 99, 120 46, 47, So, 63 dismissal of, sec. 99 50 transfer of, sec. 99 50 pupils, may suspend or expel, sec. 97, div. VIII 47 transportation, sec. 223 107 purchase property, sec. 97, div. IV. . . 47 qualifications of, sec. 94 45 ratification of all acts of, sec. 303. . . . 145 removal of member, sec. 103 52 president, sec. 96 45 report of, sec. 97, div. XIII 49 retirement fund, to ascertain mem- bership, sec. 271 132 school-houses, may permit use for meetings, sec. 97, div. XI 48 school property, title of, sec. 95.... 45 school supplies, sec. 181 88 school term, sec. 99 50 seal, to adopt, sec. 97, div. XII 49 supervising principal of schools, may appoint, sec. 98 49 supplies, how provided, sec. 101 50 suspend pupils, may, sec. 97, div. VTII 47 teachers, appointment of, sec. 97, div. II and III, 99 46,47,50 certify number to county superintendent, sec. 223. . 107 dismissal of, sec. 99 50 rules for employment of, to make, rule 9T 215 salaries, deduction for re- tirement fund, sec. 267. .. 129 transfer of, sec. 99 50 term of office, sec. 45, 87 25, 40 text-books, sec. 99, 181 50, 88 to provide, sec. 97, div. IX 48 to select, sec. 97, div. VII 47 tuition fees, reports of, rules 231 union vocational schools, sec. 325. .. . 154 INDEX. 495 PAGE. unused school buildings may trans- fer to township, sec. 391 174 vacancy, how filled, sees. 45, 96, 97, div. I 25,46 vacancies filled by county superin- tendent, rule 11 22c vice-president of, sec. 96 45 vocational schools, may establish, sec. 325 154 witnesses, may subpeena, sec. 131. .. . 67 Township board of school estimate, sec. 85 39 bonds, sec. 108 to 113 55-59 methods of sale, sec. 301 145 borrow in anticipation of tax, sec. 320 152 certificates, rule 1 195 chief executive officers trustee of industrial school, sec. yj2>- • ■ 168 civil service law applies to school districts, sec. 310 147 committee president considered chief executive officer of township, sec. 84 39 consolidation of districts, sec. 115 to 119 59 to 62 elections, two ballot boxes necessary, sec. 92 44 voting qualifications, sec. 93 44 flag day, observance of, sec. 288 141 holidays, exercises preceding, sec. 287 141 industrial schools, taxation for, sec. 372 168 principals must hold certificates, rule 1 195 referendum of Article VI to voters, sec. 295 143 referendum on teachers' salary schedule, sec. 275, 276 137, 138 remodeling of school buildings, sec. 392 174 school debt to be reported to Commissioner of Education, sec. 113 59 school districts, Article VI applies to all towns, townships, and boroughs, sec. 302 145 each township to constitute, sec. 39 22 to be governed by state school law, sec. 298. . 144 school libraries, additional appropriation, sec. 257 121 school year, sec. 291 142 supervisors must hold certificates, rule 1 195 teachers must hold certificates, rule 1 195 Transfer principals, sec. 99 50 pupils, sec. 142 72 teachers, sec. 75, 99 33, 5o Transportation, pupils, sec. 141, 223 72, 107 apportionment for, sec. 223, div. Ik 109 Treasurer, county vocational schools, sec. 335, div. V 157 industrial school trustees, sec. 273 168 Manual Training and Industrial School for Colored Youth, sec. 250 119 496 INDEX. PAGE. New Jersey School for the Deaf, sec. 246 118 State normal schools, sec. 234 115 teachers' retirement fund, sec. 264 126 Truancy defined, sec. 197 95 Truant officers in cities, tenure of office, sec. 311, 312 147 Trustees, manual training schools, sec. 252 120 public school fund, bonds must be offered to, sec. 301 145 school fund, sec. 206 100 Attorney General, a trustee, sec. 206 100 Commissioner of Education, a trustee, sec. 8, 206 12, 100 Governor, a trustee, sec. 206 100 Secretary of State, a trustee, sec. 206 100 State Comptroller, a trustee, sec. 206 100 State Treasurer, a trustee, sec. 206 100 teachers' retirement fund, sec. 261, 262, 268 122, 123, 129 Trustees for the support of public schools, may buy school district bonds, sec. 300 144 Tuition, sec. 66 30 blind students, how paid, sec. 420 182 industrial schools, sec. 273 168 model schools, sec. 151, 238 76, 115 New Jersey School for the Deaf, free, sec. 242 116 non-resident pupils, sec. 140 71 pupils, sec. 143, 223 72,107 rates of children sent to other districts to be fixed by State Board of Education, sec. 3, div. X p reports to be made, rules 231 secretary to collect, sec. 66 30 State normal schools, free, sec. 232 114 U. Union-graded schools, sec. 158 to 170 79 to 85 apportionment for, sec. 165 83 balloting for, sec. 158 79 board of education, appointment of, sec. 159, 160. . 80 borrow money, sec. 164, div. I. 81 buildings, may buy, improve, etc., sec. 164, div. 1 81 condemn land, sec. 164, div. II 81 corporate body, sec. 162 81 organization of, sec. 163 81 powers of, sec. 164,166 81,83 removal, sec. 161 80 seal of, sec. 164, div. IV 82 vacancy, sec. 161 80 INDEX. 497 PAGE. bonds for, sec. 168, 169, 170 83, 84, 85 County Superintendent controls, sec. 167 83 custodian of school moneys, sec. 163 81 executions against, sec. 289 141 formation of, sec. 159 80 supervising principal, sec. 164, div. V 82 tax for, sec. 164, div. Ill 82 Union school boards, sec. 159 80 Union vocational school, board of education, corporate name, sec. 325... 154 University records for teachers' certificates, rule 17 198 V. Vacancy, boards of education, sec. 45, 50, 96, 97, div. I, 161 25, 27, 46, 80 boards of school estimate, sec. 80 35 county superintendents, sec. 17 14 State Board of Children's Guardians, sec. 433 187 State Board of Education, sec. 1 7 Vaccination, certificate of exemption from, rule 10 228 pupils, sec. 145, 146 73, 74 teachers, sec. 145 73 Validity of school law, sec. 297 144 Ventilation of school-houses, rules 233 Vocational certificates, rules 13, 59 to 71 197, 207 to 211 Vocational education, defined, sec. 322a 152 necessity for, to be investigated, sec. 323 153 Vocational schools, sec. 322 to 343 152 to 160 appropriations, how made, sec. 327 154 paid to custodian of school moneys, sec. 328 154 boards of education may establish, sec. 325 154 county, advertisement for supplies, sec. 337 157 appropriation, state, sec. 342 160 board of education, appointment of, sec. 331. 155 building appropriation, sec. 341 159 condemn land, sec. 335, . div. II 156 contracts, sec. 336 157 corporate name, sec. 334. 156 estimate to prepare, sec. 339 158 organization of, sec. 333. 156 powers of, sec. 335 156 qualifications of, sec. 332. 156 498 INDEX. PAGE. teachers, may employ, sec. 335, div. IV 157 terms of, sec. 331 155 treasurer, sec. 335, div. V 157 board of school estimate, sec. 338 158 appropriation, to determine, sec. 340 158 budget, sec. 339. ... 158 building appropria- tion, sec. 341 ... . 159 bonds, issue of, sec. 341 159 courses of study, to be approved, sec. 330. .. . 155 establishment of, sec. 323, 329 153, 155 limit of expenditures, sec. 346 161 location to be approved, sec. 330 155 payments, how made, sec. 336 157 pupils, suspension of, sec. 335, div. VII 157 repairs to buildings, sec. 337 158 report of, sec. 335, div. X 157 rules for, sec. 329 155 school year, sec. 343 160 seal of, sec. 335, div. IX 157 secretary of, sec. 335, div. XI 157 text-books, sec. 335, div. VIII 157 purchase, sec. 337 158 withdrawal of approval, sec. 345 161 course of study to be approved, sec. 326 154 day and evening classes, sec. 324 154 railroad tax, sec. 344 161 union, sec. 325 154 W. Walls of terra-cotta tile in school-houses, rules 235 to 237 Walls of two-story school-houses, rules 234 Warrants, issue of, sec. 69 3 T teachers' retirement fund, sec. 264 126 Washington's Birthday, see Holidays. Waste paper chutes, construction of, rules 241 Water-closets, sec. 153 77 tax for, sec. 153 77 Windows, arrangement of, in school-houses, rules 232 Witnesses, authority of St?te Board of Education to examine, sec. 9 12 Working certificate, see Age and working certificate. INDEX. 499 DECISIONS OF THE COMMISSIONER OF EDUCATION AND THE STATE BOARD OF EDUCATION. CASES. PAGE. Appointment of attorney for board of education. Hayes vs. Townsend. . . . 359 Appointment of members of board of education. Bourne vs. Atlantic City 274 Appointment of members of a board of education. Lasher and Briesen vs. vVet.-awk. n 338 Appointment of members of a board of education, chap. 370, P. L. 1912. Taylor and the Mayor of Hoboken 277 Appointment of members of the board of education, Jersey City. Ferris, et al.. vs, O'Keefe, et al 340 Appointment of members of board of education organized under Article VI. Blackmore, et al., vs. Mann, et al 364 Appointment of secretary. Leuly, et al., vs. Ritter, et al 349 Appropriation for school purposes, refusal of Common Council to raise amount set by Board of School Estimate. Lambertville 311 Appropriations in city school districts. Bridgeton 336 Attorney for board of education, appointment. See Appointment of attorney for board of education. Auditor of school district, powersf See Powers of auditor of school district. * Balances of bond issues in district organized under Article VI. Atlantic City vs. Beyer 351 Board of education, election of members. See Election of members of a board of education. Beard of education meetings, removal of a member for not attending. Mead vs. Pequannock Township 310 Board of education, residence of a member. O'Brien vs. West New York 267 Board of education, vacancy. See Vacancy in a board of education. Bond issues, balances of. See Balances of bond issues in district organized under Article VI 35: Bonds, issue by a district, procedure for, under Article VII. Krug and Ellison vs. Woodbridge 263 Breach of contract. Ciccarelli vs. Hoboken 341 Cities, board of education, chap. 233, P. L. 191 1. Appeal of John H. Sheridan, et al., from appointments, Hoboken 254 Commissioner of education, jurisdiction of, in dispute between board of education and a contractor 306 Contract, breach of. See Breach of contract. Contracts, chap. 1, spec. sess. 1903, sec. 53 283 Contracts for buildings. Price vs. Rutherford 250 Contracts, teachers'. Kipsey vs. Warren Township 251 Controversy arising under the school law, sec. 10, Clayton vs. Hoboken.... 251 Controversy arising under the school law, sec. 10, Common Council of South Amboy vs. Board of Education of South Amboy 273 Discharge of janitor. Vickers vs. Northfield 255 Discharge of medical inspector. Terry vs. Atlantic City 357 5oo INDEX. PAGE. Discharge of supervising principal ; teachers' contracts. Kipsey vs. Warren Township 251 Discharge of supervising principal, tenure of service act. Application of Jared Barhite to be reinstated. West New York 306 Discharge of supervising principal ; tenure of service act. Fitch vs. South Amboy 333 Discharge of supervising principal ; tenure of service act. Marsteller vs. Pleasantville 3 2 9 Discharge of teacher. Welch vs. West Orange 342 Discharge of teacher; tenure of service act. Clayton, administrator of Helen R. Sumner vs. Orange 319 District clerk, removal of, chap. 1 spec. sess. Henry vs. Bernards Township 256 District school meeting, legality of. Huser vs. North Bergen 324 Election of members of a board of education. Bembridge, et al., vs. Roselle Park 316 Election of members of a board of education. Clough and Brandeis vs. South Orange 321 Election of members of a board of education. Comly and Roome vs. Pequannock Township 308 Flag, salute to, at the opening exercises of a school. Temple vs. Cedar Grove Township 294 Graduating exercises not a part of the course of study. Bartlett vs. West Orange 261 »• Janitor, discharge of. Vickers vs. Northfield Borough 255 Janitors, tenure of office. See Tenure of office of a janitor. Jersey City, Board of Education, appointment of members of. Ferris, et al., vs. O'Keefe, et al 340 Jurisdiction of Commissioner of Education in dispute between Board of Education and a contractor. Ciccarelli vs. Hoboken 306 Legality of district school meeting. Huser vs. North Bergen 324 Medical inspector, discharge of. See Discharge of medical inspector Meeting of the legal voters of a school district, calling upon petition, chap. 1, spec. sess. 1903, sec. 86, X. Stoltz vs. Warren Township 281 Meetings of the legal voters of a school district. Hartpence vs. Kingwood Township 286 Non-attendance by a member of board of education meetings, removed for. Mead vs. Pequannock Township 310 Order withholding school money from a district. Davis vs. Overpeck.... 321 Pension, teacher's. Pearce vs. Brick Township 305 Percentage of salary to be deducted for teachers' retirement fund. Bailey vs. Teachers' t Retirement Fund 3 10 Powers of a committee of a Board of Education. Application of Wilson Taylor to set aside certain resolutions. Hoboken 279, 280 Powers of auditor of school district. Board of Education of Atlantic City vs. Bessie M. Townsend 353 INDEX. 501 PAGE. Pupil, suspension and expulsion of. See Suspension and expulsion of a pupil. Reduction of salary of a truant officer. Hall vs. Atlantic City 333 Refusal of Common Council to raise amount appropriated for school pur- poses by the Board of School Estimate. Lambertville 311 Removal of a member of a Board of Education for not attending meetings. Mead vs. Pequannock Township 310 Removal of district clerk. Chap. 1, spec. sess. Henry vs. Bernards Township 256 Residence of memher of a Board of Education. O'Brien vs. West New York 267 Resignation of teacher. Nicholson vs. Swedesboro 24$ Salary of teacher under tenure of service act. Wakefield vs. Hoboken.... 368 Salute to the flag at the opening exercises of a school. Temple vs. Cedar Grove 294 School buildings, use of, for other than school purposes. Klein, et al., vs. Jersey City 298 School district legal voters, calling of a meeting upon petition, chap. 1, spec. sess. 1903, sec. 86, X. Stoltz vs. Warren Township 281 School district legal voters, meetings of. Hartpence vs. Kingwood Town- ship 286 School purposes, suitability of certain plot for Lambertville 33J Secretary, appointment of. See Appointment of secretary. Suitability of certain plot for school purposes. Lambertville 331 Supervising principal, discharge of. See Discharge of supervising principal. Supervising principal, tenure of service. See Tenure of service of super- vising principal. Suspension and expulsion of a pupil. Tatham vs. Wallington 297 Teacher, discharge of. See Discharge of teacher. Teachers, tenure of service. See Tenure of service of teachers. Teachers' contracts. Kipsey vs. Warren Township 251 Teacher's pension. Pearce vs. Brick Township 305 Teachers' retirement fund, percentage of salary to be deducted for. Bailey vs. Teachers' Retirement Fund 310 Tenure of service. Coles vs. Pilesgrove 245 Tenure of service act, teachers', chap. 243, P. L. 1909. Marsteller vs. Pleasantville 256 Tenure of service of janitors. Deiseroth vs. Margate City 300 Goorley vs. Bradley Beach 295 Tenure of service of supervising principal. Application of Jared Barhite to be reinstated. West New York 306 Tenure of service of teachers. Backus vs. Delaware Township 282 Brandes vs. Hoboken 300 Conrow vs. Lumberton Township 299,317 Davis vs. Overpeck Township 288 Johnson vs. Stafford Township 285 Tobey 7'j. Newark 366 Wakefield vs. Hoboken 368 Transportation of pupils. Becker vs. Holland 328 Foose vs. Holland 325 Lippincott, et al., vs. Springfield Township.. 362 Polk vs. Centre Township 355 Staats vs. Montgomery Township 344 Truant officer, reduction of salary of. Hall vs. Atlantic City 322 502 INDEX. PAGE. Use of school buildings for other than school purposes. Klein, et al., vs. Jersey City 298 Vacancy in a Board of Education acting under Article VII. Appeal of 1. C. Myers, Oxford Township, Warren County 271 Vacancy in Board of Education organized under Article VI. Leuly, et al., vs. Ritter, et al 346 Withholding school money from a district. Davis vs. Overpeck 321 DECISIONS OF THE COMMISSIONER OF EDUCATION AND THE STATE BOARD OF EDUCATION. PARTIES. Atlantic City, Board of Education of, vs. Albert Beyer, Custodian 351 Atlantic City, Board of Education of, vs. Bessie M. Townsend, Acting Comptroller 353 Atlantic City, Board of Education of, James F. Bourne vs 274 Atlantic City, Board of Education of, John F. Hall vs 32a Atlantic City, Board of Education of, Edward B. Terry vs 357 Backus, Mary K., vs. Board of Education of Delaware Township 282 Bailey, Ella M., vs. Board of Trustees of the Teachers' Retirement Fund 310 Barhite, Jared, application to be reinstated as Supervising Principal, West New York 306 Bartlett, John H., Jr., vs. Board of Education of Township of West Orange 261 Becker, George, vs. Board of Education of the Township of Holland 328 Bembridge, William A., et al., vs. Board of Education of the Borough of Roselle Park 316 Bernards Township, Board of Education of, Clare M. Henry vs 256 Beyer, Albert, Custodian of School Funds for the District of Atlantic City, the Board of Education of Atlantic City vs 351 Blackmore, Charles W., et al., vs. Frederick Mann, et al 364 Bourne, James F., vs. Board of Education of the City of Atlantic City.. 274 Bradley Beach, Board of Education of the Borough of, William Goorley vs. 295 Brandeis, Theodore C. See Clough, Allen E., and Theodore C. Brandeis. Brandes, Edgar, vs. Board of Education of the City of Hoboken 300 Brick Township, Board of Education of, C. C. Pearce vs 305 Bridgeton, Board of Education of the City of, vs. Common Council of the City of Bridgeton 336 Briesen, Arthur. See Lasher, Philip, and Arthur Briesen. Cedar Grove Township, Board of Education of, Fred Temple vs 294 Centre Township, Board of Education of, Elsey E. Polk vs 355 Ciccarelli, Eugene, vs. Board of Education of the City of Hoboken 306,341 Clayton, Arthur W., vs. Board of Education of the City of Hoboken 251 Clayton, Robert A., administrator of Helen R. Sumner, deceased, vs. Board of Education of the City of Orange 319 INDEX. 503 PAGE. Clough, Allen E., and Theodore C. Brandeis vs. Board of Education of the Township of South Orange 321 Coles, Sue H., vs. Board of Education of Pilesgrove Township 245 Comly, William F., and Giles M. Roome, vs. Board of Education of Pequan- nock Township 3°8 Conrow, Ella, vs. Board of Education of Lumberton Township 299,317 Davis, Walter G.. vs. Board of Education of Township of Overpeck. . . .288, 321 Deiseroth, Edward, vs. Board of Education of Margate City 300 Delaware Township, Board of Education of, Mary K. Backus, vs 282 Ellison, Benjamin F. See Krug, William B., and Benjamin F. Ellison. Ferris, John J., et al., vs. Jerome O'Keefe, et al 340 Fitch, Russell M., vs. Board of Education of South Amboy 333 Foose, William L., vs. Board of Education of the Township of Holland 325 Goorley, William, vs. Board of Education of the Borough of Bradley Beach 295 Hall, John F., vs. Board of Education of Atlantic City 32a Hartpence, Richard S., vs. Board of Education of Kingwood Township.... 286 Hayes, James H., Jr., vs. Bessie M. Townsend, Comptroller of Atlantic City 359 Henry, Clare M., vs. Board of Education of Bernards Township 256 Hoboken, Appointments made by the Mayor of, appeal by John H. Sheridan, et al 254 Hoboken, Board of Education, a body assuming to act as, application of Wilson Taylor to set aside certain resolutions passed by it 279,280 Hoboken, Board of Education of, Edgar Brandes vs 300 Hoboken, Board of Education of, Eugene Ciccarelli vs 306,341 Hoboken, Board of Education of, Arthur W. Clayton vs 251 Hoboken, Board of Education of the City of, Wallace D. Patterson vs.... 283 Hoboken, Board of Education of, Arthur Wakefield vs 368 Hoboken, Mayor of the City of, Application of Wilson Taylor to review certain proceedings of, etc 277 Holland, Board of Education of the Township of, William L. Foose vs.... 325 Holland, Board of Education of the Township of, George Becker vs 328 Huser, A. T., vs. Board of Education of the Township of North Bergen.... 324 Jersey City, Board of Education of, Fred Klein, et al., vs 298 Johnson, Parthenia, vs. Board of Education of Stafford Township 285 Kingwood Township, Board of Education of, Richard S. Hartpence vs 286 Kipsey, Grover F., vs. Board of Education of Warren Township 251 Klein, Fred., et al., vs. Board of Education of Jersey City 298 Krug, William B.. and Benjamin F. Ellison, vs. Board of Education of the Township of Woodbridge 263 I.ambertville, Board of Education of the City of, vs. Common Council of the City of Lambertville 3' 1, 33* Lasher, Philip, and Arthur Briesen, vs. Board of Education of the Township of Weehawken 338 I-euly, Albert, et al., vs. Henry Ritter, et al 346,349 l.ippincott, Maurice, et al., vs. Board of Education of Springfield Township 362 Lumberton Township, Board of Education of, Ella Conrow, vs 299, 317 504 INDEX. PAGE. Mann, Frederick, et al., Charles W. Blackmore, et al., vs 364 Margate City, Board of Education of, Edward Deiseroth vs 300 Marsteller, Hower T., vs. Board of Education of Pleasantville 256,329 Mead, George W., vs. Board of Education of Pequannock Township 310 Montgomery Township, Board of Education of, Frederick Staats vs 344 Myers, J. C, appeal of, in the case of a vacancy in the Board of Education of Oxford Township, Warren County 271 Newark, Board of Education of the City of, Carolyn E. Tobey vs 366 Nicholson, Elsie B., vs. Board of Education of the Borough of Swedesboro.. 246 North Bergen, Board of Education of the Township of, A. T. Huser vs.... 324 Northfield Borough, Board of Education of, A. R. Vickers vs 255 O'Brien, Frank H., vs. Board of Education of the Town of West New York 267 O'Keefe, Jerome, et al., John J. Ferris, et al., vs 340 Orange, Board of Education of the City of, vs. Robert A. Clayton, admin- istrator of Helen R. Sumner, deceased 319 Overpeck Township, Board of Education of, Walter G. Davis, vs 288,321 Oxford Township, Warren County ; Vacancy in the Board of Education ; Ap- peal of J. C. Myers -. 271 Patterson, Wallace D., vs. Board of Education of the City of Hoboken.... 283 Pearce, C. C, vs. Board of Education of Brick Township 305 Pequannock Township, Board of Education of, William F. Comly and Giles M. Roome vs 308 Pequannock Township, Board of Education of, George W. Mead vs 310 Pilesgrove Township, Board of Education, Sue H. Coles vs 245 Pleasantville, Board of Education of, Hower T. Marsteller vs 256,329 Polk, Elsey C, vs. Board of Education of Centre Township 355 Price, Anderson, vs. Board of Education of the Borough of Rutherford.... 250 Ritter, Henry, et al., Albert Leuly et al., vs 346,349 Roome, Giles M. See Comly, Wiliiam F. and Giles M. Roome. Roselle Park Board of Education of the Borough of, William A. Bembridge, et al., vs 3i(J Rutherford, Board of Education of the Borough of, Anderson Price vs 250 Sheridan, John H., et al.. appeal from appointments made by the Mayor of the City of Hoboken 254 South Amboy, Board of Education and Board of Estimate, the Common Council of South Amboy vs 273 South Amboy, Board of Education of, Russell M. Fitch vs 333 South Orange, Board of Education of the Township of, Allen E. Clough and Theodore C. Brandeis vs 321 Springfield Township, Board of Education of, Maurice Lippincott, et al., vs. 362 Staats, Frederick, vs. Board of Education of Montgomery Township 344 Stafford Township, Board of Education of, Parthenia Johnson, vs 285 Stoltz, Mark, vs. Board of Education of Warren Township 281 Sumner, Helen R., deceased. See Clayton, Robert A., administrator. Swedesboro, Borough of, Board of Education, Elsie B. Nicholson vs 246 Tatham, Richard, vs. Board of Education of the Borough of Wallington.. 297 Taylor, Wilson, application of, to review certain proceedings of the Mayor of the City of Hoboken, etc 277 Taylor, Wilson, application to set aside certain resolutions passed by a body assuming to act as a Board of Education of the City of Hoboken. .. .279, 280 INDEX. 505 PAGE. Temple, Fred, vs. Board of Education of Cedar Grove Township 394 Tenure of service. Sue H. Cole vs. Board of Education of Pilesgrove Township 24$ Terry, Edward B., vs. Board of Education of Atlantic City 357 Tobey, Carolyn E., vs. Board of Education of the City of Newark 366 Townsend, Bessie M., Acting Comptroller of Atlantic City, Board of Edu- cation of Atlantic City, vs 353 Townsend, Bessie M., Comptroller of Atlantic City, James H. Hayes, Jr., vs. 359 Vickers, A. R., vs. Board of Education of Northfield Borough 255 Wakefield, Arthur, vs. Board of Education of Hoboken 368 Wallington, Board of Education of the Borough of, Richard Tatham vs.... 297 Warren Township, Board of Education, Grover F. Kipsey vs 251 Warren Township, Board of Education, Mark Stoltz vs 281 Weehawken, Board of Education of the Township of, Philip Lasher and Arthur Briesen, vs 33** Welch, Laura C, vs. Board of Education of West Orange 342 West New York, application of Jared Barhite to be reinstated as supervising principal 306 West New York, Board of Education, Frank H. O'Brien vs 267 West Orange, Board of Education of, Laura C. Welch vs 34a West Orange, Board of Education of, John H. Bartlett, Jr., vs 261 Woodbridge, Board of Education of the Township of, William B. King and Benjamin F. Ellison vs 263 5 o6 INDEX. BLANKS AND FORMS. PAGE. Forms for City Superintendents : application for state manual training appropriation, XXI.... 386 contract with teachers, XX 384 manual training, application for state aid, XXI 386 teachers, contract with, XX 384 Forms for Compulsory Education : affidavit of attendance officer, A62 43> age, documentary proof of, A51 423 physical examination to determine, application, A54.... 424 physician's certificate, A55 4 2 5 age and schooling certificate, A57 426 age and working certificate, application of parent, A65 43 3 form for, A66 434 principal's certificate, A64 433 application for physical examination of child to determine age, A54 424 attendance officer, affidavit, A62 43 1 attendance report, A63 432 documentary proof of age, A5 1 423 educational qualification, certificate of, A52 423 employer's certificate, A56 425 legal notice to parent or guardian to send child to school, A59 427 notice, legal, to parent or guardian to send child to school, A59 427 parent's application, age and working certificate, A65 433 parent or guardian, legal notice to send child to school, A59.. 427 physical qualification, A53 424 physician's certificate of age, A55 425 principal's certificate, age and working certificate, A64 433 proof of age, documentary, A51 423 rule to show cause, A61 430 schooling, age and, certificate, A57 426 state warrant, A60 429 subpoena, rule to show cause, A61 430 warrant, state, A60 429 working, age and, certificate, form for, A66 434 Forms for County Superintendents : appointment of a president, or vice-president, XV 381 apportionment of school moneys, notice to custodian, XIV.... 381 balances, order on county collector for, X 379 certificate condemning school-house, XIII 380 teacher's attendance at institute, III 375 transfer of pupils to another district, 1 374 condemnation of school-house, certificate, XIII 380 district clerk, notice that teacher has filed report, XII 380 expenses of county superintendent, statement of, IV 376 institute, certificate of attendance at, III 375 notice of, II 374 notice of institute, II 374 INDEX. 507 PAGE. to custodian of apportionment of school moneys, XIV 381 payment of school moneys, XVIII 383 to withhold school moneys from district, XVII 382 a teacher, XVI 381 district clerk that teacher has filed report, XII 380 order on county collector, balances, X 379 reserve fund, VIII 378 state appropriation, VI 378 state railroad tax, XI 380 state school fund appropriation, V 377 state school tax, VII 378 surplus revenue interest, IX 379 payment of school moneys, notice to custodian, XVIII 383 president, appointment of, XV 381 reserve fund, order on county collector, VIII 378 school moneys, apportionment, notice to custodian, XIV.... 381 state appropriation, order on county collector, VI 378 state railroad tax, order on county collector for, XI 380 state school fund appropriation, order on county collector, V.. 377 state school tax, order on county collector, VII 378 statement of expenses of county superintendent, IV 376 surplus revenue interest, order on county collector, IX 379 teacher has filed report, notice to district clerk, XII 380 transfer of pupils to another district, 1 374 vice-principal, appointment of, XV 381 withhold school moneys from district, notice to, XVII 382 teacher, notice to, XVI 381 Forms for District Clerks : affidavit of member of board of education, XXXII 407 to bills, XXX 392 annual district meeting, notice for, XIX 383 application for approval of school-house plans, A42 421 loan from state school fund, XXXI 399 state manual training appropriation, XXI 386 approval of school-house plans, application for, A42 421 ballot for bonds, form for, XXXI 398 board of education, affidavit of member of, XXXII 407 notice of election as member of, XXXVIII 413 of members of, XXVII. 389 bonding a district, directions for, XXXI 395 bonds authorization, notice to voters, XXXI 402 certificate to assessor, of tax to be raised for, XXXVI 410 county superintendent of tax for, XXXVII 411 form for ballot for, XXXI 398 minutes of meeting authorizing, XXXI 400,403,405 school loan, form of, XXXV 409 borrowed money, note for, XLII 416 certificate of amount of district school tax voted to be raised XXIX 39» contract for building school-house, XLI 415 teacher, XX 384 transportation of pupils, A73 438 deed for school-house site, XL 414 directions for bonding a district, XXXI 395 duties of, XLIII 416 lease, form of, XXXIX 413 5o8 INDEX. PAGE, letter accompanying registers shipped to Commissioner of Edu- cation, XXXIV 408 loan from state school fund, application for, XXXI 390 loans, bonds for, XXXV 409 manual training, application for state aid, XXI 386 meetings, business to be transacted at, XXIII 387 authorizing bonds, minutes, XXXI 403 notices of, XIX, XXII 383,386 for annual district, XIX 383 special district, XXII ■ 386 to members of board of education elected at, XXXVIII 413 order of business at, XXIV 388 minutes of meeting authorizing bonds, XXXI 400,403,405 monthly report to board of education, XLVIII 420 note for borrowed money, XLII 416 notice, annual district meeting, XIX 383 election of members of board, XXVII 389 items that may be inserted in district meeting, XXIII 387 special district meeting, XXII 386 to assessor of tax to be raised for bonds and interest, XXXVI 410 county superintendent of tax for bonds and in- terest, XXXVII 411 voters of bond authorization, XXXI 40 j order of business at district meetings, XXIV 388 on custodian for district tax raised for other purposes than teachers' salaries, XXVI 389 teacher's salary, XXV 388 plans for school-houses, application for approval, A42 421 pupils' transfer card, within district, XXXIII 408 pupils, transportation contract, A73 438 register shipping letter, XXXIV 408 report, monthly to board of education, XLVIII 420 to county superintendent of the amount of district school tax, XXVIII 390 school-house, contract for building, XLI 415 site, deed for, XL 414 special district meeting, notice of, XXII 386 specifications of business to be transacted at district meetings, XXIII 387 suspension of pupil, teacher's report, XLVI 418 tax, district school, to be raised, notice to assessor, XXIX.... 391 report to county superintendent, XXVIII 390 for bonds and interest, notice to assessor, XXXVI 410 county superintendent, XXXVII 4" teacher, contract with, XX 384 order for salary, XXV 388 pupil's transfer card, within district, XXXIII 408 report of suspension of pupil, XLVI 418 to county superintendent when leaving school before end of school year, XLV. . . . 418 transfer card for pupils, within district, XXXIII 408 transportation of pupils, contract, A73 438 INDEX. 509 PAGE Forms for District Meetings: ballot for bonds, form for, XXXI 398 bond, form for ballot for, XXXI 398 bonding a district, directions for, XXXI 395 bonds, minutes of meetings authorizing, XXXI 400 business to be transacted that may be inserted in notice, XXIII 387 minutes of meeting authorizing bonds, XXXI 400,403,405 notice to members of board of education elected at, XXXVIII 413 order of business, XXIV 388 Forms, Miscellaneous : act concerning disorderly persons, XLIX 421 affidavit to bills presented to boards of education, XXX 393 attendance of pupil, certificate by principal, XLIV 417 calendar for school elections and duties 393 certificate by principal that child has attended school, XLIV.. 417 disorderly persons, act concerning, XLIX 421 grade and progress study, XLVII 419 progress and grade study, XLVII 419 pupils, grade and progress study, XLVII 419 retirement, directions for application, A70 436 form for application for, A71 436 LAW LIBRARY UNIVERSITY OF CALIFORNIA LOS ANGELES UC SOUTHERN REGIONAL LIBRARY FACILITY AA 000 223 017 5