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Powers and Duties of Boards of Education.

S$ 27-29

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.

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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 correspond 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.)

8 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

Alteration of Union Free School Districts.

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education, upon the application of fifteen resident taxpayers of such district, to call a special meeting in the manner prescribed by law, for the purpose of determining whether application shall be made in the manner hereinafter provided, for the dissolution of such union free school district, and for its reorganization as a common school district or districts.

§ 33. Whenever, at any such meeting called and held as aforesaid, it shall be determined by a majority vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, not to dissolve such union free school district, no other meeting for a similar purpose shall be held in said district within three years from the time the first meeting was held, and whenever at any such meeting called and held as aforesaid it shall be determined by a two-thirds vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, to dissolve such union free school district, it shall be the duty of the board of education to present to the school commissioner of the commissioner district in which said union free school is situated, a certified copy of the call, notice and proceedings. If such school commissioner shall approve the proceedings of said meeting, he shall certify the same to the board of education. Such approval shall not take effect until the day preceding the first Tuesday of August next succeeding; but after that date such district shall cease to be a union free school district.

34. If any union free school district dissolved under the foregoing provisions shall have been established by the consolidation of two or more districts, it shall be lawful for such school commissioner to order that its territory be divided into two or more districts, to correspond, so far as practicable, with the districts theretofore consolidated.

$35. If there shall be, in such dissolved union free school district, an academy which shall have been adopted as the academic department of the union free school, under the provisions of title nine, chapter five hundred and fifty-five of the laws of eighteen hundred and sixty-four, and any amendment thereof, or under this act shall, upon the application of a majority of the surviving resident former trustees or stockholders, be transferred by the board of education to said former trustees or stockholders.

36. Such school commissioner may make his approval of

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the proceeding of any such meeting held as aforesaid conditional upon the payment, by the district which has been most greatly benefited by the consolidation in the way of buildings and other improvements to the other district or districts into which. the said union free school district is divided, of such sum or sums of money as they may deem equitable.

37. All moneys remaining in the hands of the treasurer of the union free school district when the order of dissolution shall take effect shall be apportioned equitably among the several districts into which such union free school district is divided, and shall be paid over to the collectors or treasurers of such districts when they shall have been elected and have qualified according to law.

38. The district or districts formed by the dissolution of such union free school district shall hold its or their annual meeting or meetings on the first Tuesday of August, next after the dissolution of such union free school district, and shall elect officers as now required by law.

39. If such school commissioner shall not approve the proceedings of any such meeting, held as aforesaid, for the purpose of dissolving a union free school district, no other meeting shall be held in such district, for a similar purpose, within three years from the time the first meeting was held.

§ 40. Whenever the proceedings of a meeting, held as aforesaid, for the purpose of dissolving a union free school district, shall have been approved by such school commissioner and shall have been certified by him to the board of education, it shall be the duty of the board of education of the district affected forthwith to notify the superintendent of public instruction, and to furnish him copies of the call, notice, proceedings of the meeting, and the action taken by such school commissioner thereon.

41. Any person or persons conceiving himself or themselves aggrieved by the action, proceedings or decision of any special meeting held under the provisions of this article, or by the order, decision, action or proceedings of any school commissioner under or pursuant to the provisions of this article, may appeal therefrom to the superintendent of public instruction, who is hereby authorized and required to examine and decide the same; and his decision shall be final and conclusive.

42. The provisions of this title shall apply to all union free schools heretofore organized pursuant to the provisions of chapter

Acquisition of School-house Sites.

S$ 1-2

four hundred and thirty-three of the laws of eighteen hundred and fifty-three, and the amendments thereof, and of chapter five hundred and fifty-five of the laws of eighteen hundred and sixtyfour, and the amendments thereof; and sections nine and ten of this title, are made applicable to all school districts established by and organized under special statutes, except those of cities; and all acts or parts of acts inconsistent with and repugnant to said sections nine and ten of this title are hereby repealed. So much of section seven of this title as relates to the election of a clerk shall not affect the towns of Cortlandt and White Plains in Westchester county.

TITLE IX.

Acquisition of School-house Sites.

and 1901 c. 480

SECTION 1. Land for the site of a school-house in any school of an or additional land adjoining to and for the enlargement district, established site in any school district, not exceeding one acre, may be acquired in cases where the owner or owners thereof, or some of them, shall not consent to sell the same for such purpose, or the trustee, trustees or board of education of the district can not agree with such owner or owners or some of them, upon the price or value thereof, as real property for public use is taken under and pursuant to the laws of the state. The trustee or trustees or board of education of any such school district is or are hereby authorized and empowered to institute, carry on and complete the proceedings necessary for acquiring said land, and the title thereto, for and on behalf of such district. The method of procedure to acquire such land shall be that prescribed for the condemnation of real property for public use in title one of chapter twenty-three of the Code of Civil Procedure, and any amendments thereof, entitled "Proceedings for the condemnation of real property," and known as the "Condemnation Law."

2. The provisions of the foregoing section shall not apply to cities of more than thirty thousand inhabitants nor shall it be lawful under said section to acquire title to less than the whole of any city or village lot, with the erections thereon, if any, nor to any premises occupied as a homestead by the owner or owners thereof, without the consent of such owner or owners; nor beyond the corporate limits of cities, to any garden or orchard, or any part thereof, nor to any part of any yard or inclosure

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