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by them established, all the immunities and privileges now enjoyed by the trustees of academies in this state.
* 17. In any incorporated village having a population of five thousand and upwards, or in any union free school district having a like population, which fact shall in either case be determined by the state superintendent of public instruction, as provided in section five of title two of this act, the board of education in any such village or union free school district may appoint a superintendent of schools. Such superintendent shall be under the direction of the board of education, which shall prescribe his powers and duties. He shall be paid a salary from the teachers' fund, to be fixed by the board of education, and he may be re. moved from office by a vote of the majority of all the members of such board. Whenever such superintendent shall be appointed, the said union free school district shall be entitled to the benefits of the provisions of section five of title two of this act.
§ 18. It shall be the duty of said board to keep an accurate record of all its proceedings in books provided for that purpose, which books shall be open for public inspection at all reasonable hours. It shall be the duty of said board to cause to be published once in each year, and twenty days next before the annual meeting of the district, in at least one public newspaper, printed in such district, a full and detailed account of all moneys received by the board or the treasurer of said district, for its account and use, and of all the money expended therefor, giving the items of expenditure in full ; should there be no paper published in said district said board shall publish such account by notice to the taxpayers, by posting copies thereof in five public places in said district. No member of said board shall be personally interested in any contract made by said board. It shall be the duty of the board, at the annual meeting of the district, besides any other report or statement required by law, to present a detailed statement in writing of the amount of money which will be required for the ensuing year for school purposes, exclusive of the public moneys, specifying the several purposes for which it will be required, and the amount for each, but nothing in this section contained shall be construed to prevent the board from present. ing such statement at any special meeting called for the purpose, nor from presenting a supplementary and amended statement or estimate at any time.
* So in the original.
Powers and Duties of Boards of Education. SS 19–24 § 19. After the presentation of such statement, the question shall be taken upon voting the necessary taxes to meet the estimated expenditures, and when demanded by any voter present, the question shall be taken upon each item separately, and the inhabitants may increase the amount of any estimated expenditures or reduce the same, except for teachers' wages, and the ordinary contingent expenses of the school or schools.
$ 20. If the inhabitants shall neglect or refuse to vote the sum or sums estimated necessary for teachers' wages, after applying thereto the public school moneys, and other moneys received or to be received for that purpose, or if they shall neglect or refuse to vote the sum or sums estimated necessary for ordinary contingent expenses, the board of education may levy a tax for the same, in like manner as if the same had been voted by the inhabitants.
$ 21. If any question shall arise as to what are ordinary contingent expenses the same may be referred to the superintendent of public instruction, by a statement in writing, signed by one or more of each of the opposing parties upon the question, and the decision of the superintendent shall be conclusive.
$ 22. It shall be the duty of each of the said boards of education elected pursuant to the provisions of this title, to have a regular meeting at least once in each quarter, and at such meetings to appoint one or more committees, to visit every school or department under the supervision of said board, and such committees shall visit all said schools as least twice in each quarter, and report at the next regular meeting of the board on the condition thereof. The meetings of all such boards shall be open to the public, but said boards may hold executive sessions, at which sessions only the members of such boards or the persons invited shall be present.
§ 23. It shall also be the duty of said boards, respectively, to have reference in all their expenditures and contracts to the amount of moneys which shall be appropriated, or subject to their orders or drafts, during the current year, and not to exceed that amount. And said board shall severally apply all the moneys apportioned to the common school districts under their charge, to the departments below the academical ; and all moneys from the literature fund or otherwise, appropriated for the support of the academical department, to the latter departments.
$ 24. All moneys raised for the use of the union free schools in
any city or incorporated village, or apportioned to the same from the income of the literature, common school or United States deposit funds, or otherwise, shall be paid into the treasury of such city or village to the credit of the board of education therein ; and the funds so received into such treasury shall be kept separate and distinct from any other funds received into the said treasury. And the officer having the charge thereof shall give such additional security for the safe custody thereof as the corporate authorities of such city or village shall require. No money shall be drawn from such funds, credited to the sev. eral boards of education, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the president and countersigned by the secretary or clerk, payable to the order of the person or persons entitled to receive such money, and stating on their face the purpose or service for which such moneys have been authorized to be paid by the said board of education.
$ 25. All moneys raised for the use of said union free schools, other than those whose limits correspond with those of any cities and incorporated vilages, or apportioned from the income of the literature or common school or United States deposit funds, or otherwise, shall be paid to the respective treasurers of the said several boards of education entitled to receive the same, and be by them applied to the uses of said several boards, who shall annually render their accounts of all moneys received and expended by them for the use of said schools, with every voucher for the same and certified copies of all orders of the said boards touching the same, to the school commissioner of the district in which the principal school-house of the district is located. No money shall be drawn from such funds in possession of such treasurer, unless in pursuance of a resolution or resolutions of said board, and on drafts drawn by the president and counter. signed by the clerk, or secretary, payable to the order of the person or persons entitled to receive such money, and stating on their face the purpose or service for which said moneys have been authorized to be paid by the said board of education.
§ 26. Every academic department, established as aforesaid, shall be under the visitation of the regents of the university, and shall be subject, in its course of education and matters pertaining thereto (but not in reference to the buildings in which the same is conducted), to all the regulations made in regard ::
Powers and Duties of Boards of Education.
academies by the said regents. In such departments the qualifications for the entrance of any pupil shall be as high as those established by the said regents for participation in the literature fund of any academy of the state under their supervision.
§ 27. Whenever a union free school shall be established under the provisions of this title, and there shall exist within its district an academy, the board of education, if thereto authorized by a vote of the voters of the district, may adopt such academy as the academic department of the district, with the consent of the trustees of the academy, and thereupon the trustees, by a resolution to be attested by the signatures of the officers of the board and filed in the office of the clerk of the county, shall declare their offices vacant, and thereafter the said academy shall be the academic department of such union free school. The board of education when thereto authorized by a vote of the qualified voters of the district may lease said academy and site, and maintain the academic department of such union free school therein and thereon.
$ 28. Every union free school district, in all its departments, shall be subject to the visitation of the superintendent of public instruction. He is charged with the general supervision of its board of education and their management and conduct of all its departments of instruction. And every board of education shall annually on the first day of August, in each year, make to the commissioner having jurisdiction, and deposit in the town clerk's office, a report for the school year ending July thirty-first preceding, of all matters concerning which trustees of a school district are required to report, under this act, and concerning all such other matters as the superintendent shall, from time to time, require; and shall also whenever thereto required by the superintendent of public instruction, report fully to him upon any particular matter; and such report shall be in such form, and so authenticated, as the superintendent shall, from time to time. require.
§ 29. For cause shown, and after giving notice of the charge and opportunity of defense, the superintendent of public instruction may remove any member of a board of education. Willful disobedience of any lawful requirement of the superintendent, or a want of due diligence in obeying such requirement or willful violation or neglect of duty is cause for removal.
OF THE ALTERATION OF UNION FREE SCHOOL DISTRICTS,
THE INCREASE OR DIMINUTION OF NUMBER OF MEMBERS OF BOARDS OF EDUCATION, AND OF DISSOLUTION OF UNION FREE SCHOOL DISTRICTS.
$ 30. Whenever one or more common school districts shall adjoin any union free school district whose limits do not corre. spond with those of an incorporated village or city, upon the written consent of the trustees of all the districts to be affected, the school commissioner having jurisdiction may dissolve such common school district or districts and annex the territory of such district or districts so dissolved to such union free school district, and the school commissioner having jurisdiction may alter any union free school district whose limits do not correspond with those of any incorporated village or city, in the manner provided by title six of this act, but no such district shall be divided, upon which there is an outstanding bonded indebtedness. (As amended by chap. 540 of 1899.)
$ 31. At any annual meeting held in any union free school district whose limits do not correspond with those of any incorporated village or city, the qualified voters may determine by a majority vote of such voters present and voting, to be ascertained by taking and recording the ayes and noes, to increase or dimin. ish the number of members of the board of education of such district. If such board shall consist of less than nine members, and such meeting shall determine to increase the number, such meeting shall elect such additional number so determined upon, and shall divide such number into three several classes, the first to hold office one year, the second two years and the third three years. If such meeting shall determine to diminish the number of such members composing said board, no election shall be held in such district to fill the vacancies of the outgoing member or members thereof, until the number of members shall correspond to the number which such meeting shall determine to compose such board. No board of education of such district shall consist of less than three nor more than nine members.
$32. In any union free school district established under the laws of this state, and which shall have been established for the period of one year or more, it shall be the duty of the board of