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formity with the provisions of this article. From and after June first, nineteen hundred and twenty, the board of education shall pay to each member of such teaching and supervising staff, a salary which shall be not less than that to which such member is entitled under the schedules and schedule conditions made in conformity with the provisions of this article, and on and after such date the said schedule and schedule conditions shall be in full force and effect. [Added by L. 1919, ch. 645, subdivision 3-b amended by L. 1920, ch. 73, in effect March 23, 1920.]

§ 889 Schedules to be filed. A copy of the schedules and schedule conditions approved by the board of education of each city together with a copy of such changes in schedules and schedule conditions as are made in conformity with this article, certified by the secretary of the board, shall, within thirty days after the adoption thereof, be filed in the office of the State Commissioner of Education. [Added by L. 1919, ch. 645.]

ARTICLE 34

Appeals or Petitions to Commissioner of Education

Section 890 Appeals or petitions to Commissioner of Education and other proceedings

891 Powers of Commissioner upon appeals of 1 petitions, et cetera 892 Filed papers and copies thereof

§ 890 Appeals or petitions to Commissioner of Education and other proceedings. Any person conceiving himself aggrieved may appeal or petition to the Commissioner of Education who is hereby authorized and required to examine and decide the same; and the Commissioner of Education may also institute such proceedings as are authorized under this act and his decision in such appeals, petitions or proceedings shall be final and conclusive, and not subject to question or review in any place or court whatever. Such appeal or petition may be made in consequence of any action:

1 By any school district meeting;

2 By any school commissioner and other officers, in forming or altering, or refusing to form or alter, any school district, or in refusing to apportion any school moneys to any such district or part of a district;

1 So in original.

3 By a supervisor in refusing to pay any such moneys to any such district;

4 By the trustees of any district in paying or refusing to pay any teacher, or in refusing to admit any scholar gratuitously into any school or on any other matter upon which they may or do officially act;

5 By any trustees of any school library concerning such library, or the books therein, or the use of such books;

6 By any district meeting in relation to the library or any other matter pertaining to the affairs of the district.

7 By any other official act or decision of any officer, school authorities, or meetings concerning any other matter under this chapter, or any other act pertaining to common schools. [Section renumbered by L. 1918, ch. 252.]

§ 891 Powers of Commissioner upon appeals or petitions, et cetera. The Commissioner, in reference to such appeals, petitions or proceedings, shall have power:

1 To regulate the practice therein.

2 To determine whether an appeal shall stay proceedings, and prescribe conditions upon which it shall or shall not so operate.

3 To decline to entertain or to dismiss an appeal, when it shall appear that the appellant has no interest in the matter appealed from, and that the matter is not a matter of public concern, and that the person injuriously affected by the act or decision appealed from is incompetent to appeal.

4 To make all orders, by directing the levying of taxes or other wise, which may, in his judgment, be proper or necessary to give effect to his decision. [Section renumbered by L. 1918, ch. 252.]

§ 892 Filed papers and copies thereof. The Com missioner shall file, arrange in the order of time, and keep in his office, so that they may be at all times accessible, all the proceedings on every appeal or petition to him under this article, including his decision and orders founded thereon; and copies of all such papers and proceedings, authenticated by him under his seal of office, shall be evidence equally with the originals. [Section renumbered by L. 1918, ch. 252.]

ARTICLE 35

Orphan Schools

Section 900 Schools of orphan asylums

901 Rules subject to supervision of school authorities
902 Annual reports

§ 900 Schools of orphan asylums. The schools of the several incorporated orphan asylum societies in this State, other than those in the city of New York, shall participate in the distribution of the school moneys, in the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. The schools of said societies shall be subject to the rules and regulations of the common schools in such cities or districts, but shall remain under the immediate management and direction of the said societies as heretofore.

§ 901 Rules subject to supervision of school authorities. Every such asylum may make all laws, rules and regulations relative to the education and discipline of their inmates, as a majority of the trustees thereof at their annual meetings shall think fit and proper; but such laws, rules and regulations shall not be repugnant to the laws of this State in its policy in reference to public and primary instruction, and shall be subject at all times to the inspection and supervision of the several educational officers of the different villages, towns or cities in which such orphan asylums may be located.

§ 902. Annual reports. An annual report shall be made and sworn to by the presiding officer of any such asylum, stating the number of inmates thereof, the time spent by them in pursuing studies therein, in what studies they shall have been instructed, and the manner in which the public funds distributed to it shall have been expended, which shall be filed with the Commissioner of Education.

ARTICLE 36

Schools for Colored Children

Section 920 No exclusion on account of race or color

921 Provision for separate schools

922 Only qualified teachers shall be employed
[Text of article omitted.]

ARTICLE 37

Indian Schools

Section 940 Duties of Commissioner regarding Indian children 941 Cooperation of Indians shall be sought

942 Rights of Indians and of State shall be guarded

943 Indian children not entitled to free tuition in public schools 944 Employment of teachers, et cetera

945 Required attendance upon instruction

946 Duties of persons in parental relation to Indian children

947 Penalty for failure to send children to school

948 Persons employing Indian children unlawfully to be fined

949 Teachers' record of attendance

950 Attendance officers

951 Arrest of truants

952 Commissioner of Education to contract for keeping of truants 953 Enumeration

954 Payment of services herein required

[Text of article omitted.]

ARTICLE 38

Instruction of Deaf-Mutes and of the Blind

Section 970 Duties of Commissioner of Education

971 Persons eligible as pupils to institutions for instruction of the deaf and dumb

972 Persons eligible as pupils to institutions for instruction of the

blind

973 Support and term of instruction of state pupils

974 Regulations for admission

975 Clothing for state pupils

976 Aid for blind and deaf students

977 Indigent deaf-mute children

978 Deaf-mute children improperly cared for

979 Maintenance of children

980 Payment of expenses of tuition and maintenance

[Text of article omitted.]

ARTICLE 39

New York State School for the Blind

Section 990 Change of name

991 Requisites for admission

992 Applicants from without the State

993 Applications for admission

994 Object of institution

995 Appointment and terms of trustees

996 Filling vacancies

997 Trustees entitled to mileage; disabilities

998 General powers of trustees

999 Officers, committees and seal

1000 Secretary

1001 Treasurer's duties and bond

1002 Appointment of superintendent, instructors and assistants

1003 Purchase of equipment

1004 Duty to provide clothing and pay traveling expenses

1005 Charges against county

1006 Accounts against counties and payment thereof

1007 Reimbursement of counties

1008 Entitled to publications and may receive bequests and donations

1009 Records and annual reports

1010 Payments by State Treasurer

1011 Drafts upon state treasury

[Text of article omitted.]

ARTICLE 39-A

[Added by L. 1917, ch. 559, in effect May 18, 1917]

Physically Defective Children

§ 1020 Physically defective children. 1 The board of education of each city and of each union free school district, and the board of trustees of each school district shall, within one year from the time this act becomes effective, ascertain, under regulations prescribed by the Commissioner of Education and approved by the Regents of the University, the number of children in such city or district under the age of eighteen years who are deaf, blind, so crippled or otherwise so physically defective as to be unable to attend upon instruction in regular classes maintained in public schools.

2 The board of education of each city and of each union free school district in which there are ten or more children who are deaf, blind, crippled or otherwise physically defective shall estab

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