The

effect and the relative standing of persons whose names are said lists shall not be affected by the passage of this act. board of education, on the recommendation of the superintendent of schools, and in a city having a board of superintendents on the recommendation of such board, shall designate, subject to the other provisions of this chapter, the kind and grades of licenses which shall be required for service as principal, branch principal, director, supervisor or teacher of a special branch, head of department, assistant or any other position of the teaching staff together with the academic and professional qualifications required for each kind or grade of license. No person required to have a license under the provisions of this chapter in order to be employed in a position who does not have such license shall have any claim for salary.

6 The salaries of all members of the supervising and teaching force and of all employees and for all positions authorized under section 868 of this act shall continue to be on the same basis as such salaries and positions are when this article goes into effect, and such salaries shall continue to be regulated and increased in the same manner, by the same provisions of law and under the same conditions as such salaries are regulated and increased under the laws governing such salaries at the time this article goes into effect. Rules and regulations shall be adopted governing excusing of absences and for the granting of leaves of absence either with or without pay. [Added by L. 1917, ch. 786, in effect June 8, 1917.]

§ 872-a Retirement of employees of board of education. The board of education in a city having a population of one hundred thousand or more shall have power to estab lish a retirement system for all civil employees permanently employed by said board other than superintendents and teachers who may now be retired under the provisions of other retirement laws. The board of education of such city shall adopt appropriate rules and regulations for the government, management and control of the retirement of said employees. Before they become effective such rules and regulations must be approved by the board of estimate and apportionment in a city having such body, and in a city not having such body by the common council or such other officers or bodies as have the management and control of financial affairs similar to that exercised by such board of estimate and apportionment. The board of estimate and appor

tionment in a city having such body, and in other cities the officers or bodies performing the functions similar to those of a board of estimate and apportionment, shall appropriate annually the sum necessary to pay the expenses of the administration of this act and to also pay such pensions to the employees herein described as they shall be entitled to receive annually under the rules and regulations prescribed by the board of education and approved by the said board of estimate and apportionment or other authorities. The rules and regulations prescribed by the board of education and approved by the board of estimate and apportionment or other authorities named herein shall provide for the annual payment of a pension which shall be a per centum of the average annual personal compensation of an employee for the five years of service immediately preceding his retirement.

Provided however that in a city having a population of one million or over and having a teachers' retirement board the rules and regulations to be established pursuant to this act shall be adopted as follows:

Within thirty days after the passage of this act the board of education of said city shall adopt and submit such rules and regulations to said teachers' retirement board for approval. Said teachers' retirement board shall within thirty days after the submission to it of such rules and regulations transmit to said board of education a statement in writing setting forth which of such rules and regulations it approves and which of such rules and regulations it disapproves if any and the reasons for such disapproval. If said teachers' retirement board shall approve of all of such rules and regulations then such rules and regulations shall immediately become effective and in full force and operation.

If said teachers' retirement board shall disapprove of all or any of such rules and regulations and if said board of education. and said teachers' retirement board within thirty days thereafter shall fail to agree upon rules and regulations in place of the rules and regulations so disapproved, then the rules and regulations shall be submitted by said board of education within ten days. after the lapse of said thirty days to the Commissioner of Education of the State of New York who shall have full power to approve, alter or modify the rules and regulations disapproved by said teachers' retirement board, and the action of the Commissioner of Education shall be final, and thereupon the rules and regulations approved by said teachers' retirement board and

the rules and regulations as approved, altered or modified by the Commissioner of Education shall immediately become effective and in full force and operation.

Should said teachers' retirement board fail either to approve or to disapprove all or any of such rules and regulations submitted to it as herein provided, then such rules and regulations not approved or not disapproved shall at the expiration of the thirty days immediately following their submission to said teachers' retirement board be deemed to have been approved by said teachers' retirement board and such rules and regulations shall immediately become effective and in full force and operation. Changes, alterations, amendments or modifications in the rules and regulations shall be adopted in the same manner as is provided herein for the adoption of the original rules and regulations.

The board of estimate and apportionment in a city having such body, and in other cities the officers or bodies performing functions similar to those of the board of estimate and apportionment, are hereby authorized and required to direct the issue of special revenue bonds for the purpose of providing such funds as may be necessary for the year nineteen hundred and twenty-one to pay the expenses of the administration of the retirement system authorized by this act and to make effective the rules and regulations adopted as aforesaid, notwithstanding any provisions to the contrary contained in the charter of such city or in any act relating to such city or in any general, special, or local act; and thereafter the financial authorities of said city shall appropriate annually the moneys that may be necessary to pay the expenses of the administration of the retirement system and to carry out and make effective the rules and regulations relating to the retirement system established by authority of this act. [Added by L. 1918, ch. 496; amended by L. 1920, ch. 500; and L. 1921, ch. 713, in effect May 13, 1921.]

§ 873 Local school board districts. 1 The local school board districts in a city having a population of one million or more are hereby continued as they exist at the time this article goes into effect subject, however, to the provisions contained herein. The board of education of such city may modify the boundaries of such districts, consolidate two or more of such districts, and establish new districts.

2 There shall be in each of such districts a local school board of five members appointed by the president of the borough in which such district is located. The board of education shall designate as a member of a local school board one member of the board of education and the city superintendent of schools shall assign one district superintendent to advise with such board.

3 The members of such local school boards in office prior to the time this article goes into effect shall serve for the term for which they were appointed. The full term of office of a member of such board shall be five years. A vacancy on such board shall be filled by the borough president for the unexpired term.

4 Subject to the provisions of this chapter a local school board shall within its district have the power and it shall be its duty to visit the schools at least once every quarter; to make recommendations to the board of education with respect to matters affecting the interests of the schools; subject to the by-laws of the board of education, to transfer teachers from school to school, to excuse absences of teachers, to hear charges against principals or teachers and make recommendations thereon to the board of education, and to perform such other duties as may be required under said by-laws; to provide by-laws regulating the exercise of the powers and duties vested in it, provided such by-laws are not in conflict with the by-laws of the board of education; to elect a secretary and determine his duties. The secretary is hereby authorized to administer oaths and take affidavits in all matters pertaining to the schools in his district, in which a local school board has power to act, and for that purpose shall possess all the powers of a commissioner of deeds, but shall not be entitled to any fees or emoluments thereof. The board of education shall provide for the expenses of a local school board and for its places of meeting. [Added by L. 1917, ch. 786, in effect June 8, 1917.]

§ 874 Bonds of employees. The board of estimate and apportionment of a city or in a city having no board of estimate and apportionment the body or officer performing the duties performed by a board of estimate and apportionment which may now legally require bonds of such employees may continue to require bonds of such employees in such amount as such board of estimate and apportionment or other body or officer shall determine. In all other cities bonds may be required of such employees by the board of education. The premiums on such bonds shall be paid by the city. [Added by L. 1917, ch. 786, in effect June 8, 1917.]

§ 875 Buildings, sites et cetera. 1 A board of education is authorized and it shall have power to purchase, repair, remodel, improve or enlarge school buildings or other buildings or sites, and to construct new buildings, subject to such limitations and restrictions and exceptions as are herein provided.

2 Whenever in the judgment of a board of education it is necessary to select a new site, or to enlarge a present site, or to designate a playground or recreation center, or to acquire title to or lease real property for other education purposes authorized by this chapter, such board may take options on property desirable for such purposes but before taking title thereto shall pass a resolution stating the necessity therefor, describing by metes and bounds the grounds or territory desired for each of these purposes, and estimating the amount of funds necessary therefor. An item for such amount if funds are not available for the purchase or lease of such property may be included in the next annual budget if not included in a special budget as herein provided.

3 Whenever in the judgment of a board of education the needs of the city require a new building for school purposes or for recreation or other educational purposes authorized by this chapter, or when in its judgment a building should be remodeled or enlarged, such board shall pass a resolution specifying in detail the necessity therefor and estimating the amount of funds necessary for such purpose. An item for such amount if funds are not available for the construction of such building may be included in the next annual budget if not included in a special budget as herein provided.

4 No site shall be designated except upon a majority vote of a board of education and no building shall be constructed, remodeled or enlarged until the plans and specifications therefor are approved by the board of education.

5 After a site has been selected and plans and specifications for a building thereon have been approved as provided herein, a board of education in a city having a population of more than four hundred thousand but less than one million may, in its discretion, by regulation deliver such plans and specifications to the council which may thereupon, in its discretion, award a contract for the erection of such building in the same manner and in accordance with the provisions of law regulating the awarding of contracts for the construction of municipal buildings of such city.