A digest of the common school system of the state of New-York : together with the forms, instructions, and decisions of the superintendent : an abstract of the various local provisions applicable to the several cities &c., and a sketch of the origin, progress, and present condition of the system

Front matter

LIBRARY

BUREAU OF EDUCATION

/ i

Preface

In submitting the following work to the inhabitants and officers of school districts, the various town and county officers charged with the local administration of the common school system in its s'^veral departments, and the public generally, the compiler has oeen actuated by an earnest desire to diffuse as widely as possible, a more thorough and accurate knowledge of the history and details of that system than has hitherto appeared. Having been connected with the department of common schools for the past seven years, during which period three successive Superintendents h^ve been in office, and the system has undergone numerous important modifications, the necessary materials for a complete digest of its various provisions, as well as for the requisite adaptation of the numerous expositions, decision^, and instructions of the department, to the present state of the law, were probably more fully within his reach than that of any other individual.

The volume of Laws and Decisions prepared and published by Gen. Dix in 1837, however valuable for its intrinsic interest, and for its clear and lucid exposition of the fundamental principles of our system of public instruction, has become to a very great extent inapplicable to the existing details of that system; and ^here relied upon as a guide, by officers of districts, of towns and counties, must necessarily embarrass and mislead. The compiler of the present work has therefore deemed it his duty to obviate this result so far as may be in his power, by giving first, a general abstract of the existing provisions of law in reference to the powers, duties and liabilities of each class of officers connected with the administration of the system, and of the inhabitants of the several school districts; and secondly, a digested view under each head, of the various instructions, expositions, and ierisicns of the department, or rather of the principles of such instructions and decisions, in their application to the law as it now stands: followed by a condensed abstract of the various local provisions applicable to the several cities and larger to^vn«.

IV PREFACE.

A historical sketch of the origin and progress of the system from his inception to the present period, accompanied by a brief exposition of its present condition, has been annexed to the work, with the design of rendering it more acceptable as well to om- own citizens as to those of other portions of the Union, who may feel an interest in tracing the gradual advancement of our legislation on this important subject, and in ascertaining the prominent features of our system, as moulded by the successive improvements consequent upon an experience of nearly forty years.

The importance of an uniform and enlightened administration of a system embracing so great a variety of interests and forming so material an ingredient in the intellectual, moral, and social civilization of the community, has not been one of the least among the considerations which have led to the publication of this work: and if through its means any facilities shall have been aflorded for the accomplishment of this desirable result, the time and pains spent in its preparation will not have been regretted. That it is free from imperfections and errors it would be presumptuous to assert; but in commending it to those for whose use it is specially designed, and to the friends of popular education generally, the compiler can accompany it with the assurance that no efforts on his part have been spared to render it worthy of their attention and regard

Albany, May, 1844.

SECRETARY'S OFFICE, >

Department of Common Schools. $

Albany, May 3, 1844.

Having examined the following " Digest of the Common School System of the State of New York," I take pleasure in saying that it is a full and correct exposition of that system ; and entitled to the confidence of officers and inhabitants of school disti'icts. Town and County Superintendents of common schools, and others interested in the cause of popular education.

^ S. YOUNG,

flw;j7 of Coimnon Schools.

CHAPTER II. Town Superintendents of Common Schools, 91

1. Powers and duties of, in the formation and alteration of districts, 92

Consent of trustees and notice of alteration, 94

Notice for the organization of a new district, 96

Appraisal and apportionment of district property, 97

Formation and alteration of joint districts, 102

General principles applicable to the formation and alteration of

districts, 104

2. Powers and duties of, in the apportionment of public money, •• 106

3. Inspection of teachers and visitation of schools, 114

4. Annual reports of, 130

6. Penalties and forfeitures to be collected by, 123

6. Miscellaneous duties of, 134

7. Forms for use of, 128

CHAPTER III. Inhabitants of School Districts, ••. 135

1. Powers and duties of, when assembled in district meeting, 138

2. Mode of Proceeding, 143

3. Minutes and records of proceedings, 144

4. Qualifications of voters at district meetings, 145

6. Reconsideration of proceedings, 147

6. Taxes to be specifically voted, 148

7. Designation of site of school-house, 148

8. Change of site, 149

9. Building, hiring, purchasing and repairing school-house, and provi-

ding furniture and appendages, • ^... 190

Chapter IV

1. Duties of, in the receipt and application of public money, 169

Application of moneys raised by or belonging to town, 161

Division of teachers' money into portions, 162

Account books for district, 163

Apportionment, &c., of library money, 164

2. Notice k.c. of annual and special meetings, 165

3. Assessment and collection of district taxes, If?

General provisions relative to, lo.;

Tax-list, when to be macie out, 166

How, and upon whom assessed, and for what property, 168

Proceedings in case of unoccupied and unimproved non-resident

lands, 173

Persons and property exempt from taxation, 184

When to be imposed by trustees without vote of district 185

Form of tax list and warrant, 1S7

"Warrants for collection of tax-lists and rate-bills. 188

Vl . CONTENTS.

_ ^ Pao»

4. Furchase, custody and sale of school-houses and sites, the repair of

such houses, and furnishing them with necessary fuel and appen«

dages, 189

Purchase, repair and custody of school-house, 189

Sale of school-bouse and site, 191

Modes of providing fuel, 192

6. Employment and payment of teachers, and making and collecting

rate-bills, 19S

Contracts with teachers, 193

Mode of making out rate-bill, 196

6. Duties of, in reference to the district library, 309

7. Annual reports of, 221

When to be made, and contents of, ajl

Forms of, Sec, 234

8. Accounting to successors, paying over balances, and delivering up books, papers, &c., 228

9. Suits by and against, 229

Suits by trustees, 229

Suits against trustees, • 230

10. Miscellaneous provisions applicable to, •••• 335

Schools for colored children, 338

Collector's bond, 236

Form of bond, 237

Teachers, 299

CHAPTER IX. UouwTT Super iNTEJTOENTS of Common Schools, 266

1. Visitations and Inspections, 271

2. Advising and consulting with trustees, &c., 275

3. Annual reports of, 278

4. Licensing of teachers and annulling their certificate,- 283

6. Appeals to, &c., 286

Regulations concerning, • 288

6, Miscellaneous duties, 293