New York (State). Superintendent of Common Schools.

Judicial decisions of the State Superintendent of Common Schools, State Superintendent of Public Instruction, State Commissioner of Education, from 1822 to 1913 online

. (page 184 of 188)
Online LibraryNew York (State). Superintendent of Common SchoolsJudicial decisions of the State Superintendent of Common Schools, State Superintendent of Public Instruction, State Commissioner of Education, from 1822 to 1913 → online text (page 184 of 188)
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proceed with the formality of a trial. The action of a board in suspending a
pupil, pending an apology to a teacher to whom she had been impudent and
obstinate, should be sustained (531 1) 509

Suspension from school for more than a year is sufficient punishment for using

language unbecoming a gentleman 511

Colored children are entitled to attend the common schools in this State in all dis-
tricts except those in which, by law, provision is made for their education in
separate schools 511



INDEX TO JUDICIAL DECISIONS 1475

Pupils, suspension of — continued page

The authority of a trustee and of teachers over pupils ceases after the close of

school and their departure from school grounds 513

The infliction of cruel punishment on pupils is not sustained 513

The right of a pupil to wear her hair in school, according to the taste of the parent,

maintained 514

Rights of children residing on lands within a district which had been ceded to the

United States to attend school in the district, discussed and determined S14

Trustees have no power to impose a fine upon a pupil and suspend him from school

until such fine has been paid 5I5

An abuse of discretion in the enforcement of discipline will be rebuked 515

Where a child is excluded from school by a teacher, on the approval of a trustee,
upon the ground that such child is idiotic, lacks capacity, etc., and evidence
offered before the school commissioner does not sustain such charges but
refutes them, it is ordered that the boy shall be admitted to the school (3891) . 516

A boy who has been expelled from school for several weeks for a breach of dis-
cipline, but who shows proper repentance therefor, should be admitted to
school (3861) 517

The action of a teacher and the board of education in suspending a pupil will be
upheld when it is shown that the pupil was disorderly and refused to obey
the teacher and properly deport himself in school (3689) S18

A teacher has no claim upon a pupil's time during the recess and can not deny a
pupil school privileges because the pupil left the school grounds during the
noon period (3698) 520

When a pupil has been suspended from school for bad conduct, and public an-
nouncement has been made that such pupil might return to school, an appeal
taken thereafter will not be sustained (3574) 521

A trustee will be sustained in suspending pupils for improper acts; for using

obscene, indecent and vile language (4362) 522

• Reijgious exercises in school

Trustees have no warrant in law for directing religious exercises to be conducted
in the school during school hours or for excluding pupils from the school
altogether on the ground of their declining to be present at such exercises. . . . 524

Trustees can not be required to open the schoolhouse for religious exercises. Such
officers will not be ordered by this Department to open the schoolhouse for
religious meetings. Schools may be opened with prayers provided this course
is pursued before school hours and provided there is no compulsion to enforce
the attendance of pupils 525

Religious exercises are not a part of district school exercises and therefore no

portion of the regular school hours is to be consumed in conducting them. . . . 526

The rule in relation to religious instruction is that such instruction may not be
given in the public schools as a part of the prescribed course of instruction
therein; that relig-ous services, consisting of prayer, reading of the Bible and
singing of hymns shall not be held during the hours customarily allotted to
the performance of school work; that the pupils of the schools, may not be
compelled to attend such services when held (5440) 527

Appeal in which the general policy of the State in relation to the conduct of re-
ligious exercises in the public schools is fully discussed and determined
(1985) ' 528

Reading the Scriptures and repeating prayers are held to constitute no legitimate

part of the business of the public schools 531



1476 THE UNIVERSITY OF THE STATE OF NEW YORK

Religious garb p^^g

Wearing an unusual and distinctive garb, one used exclusively by members of a
certain religious sect and for the purpose of indicating membership in that sect
by public school teachers, constitutes a sectarian influence prejudicial to the
interests of the public school system and must not be persisted in (3520) S33

Where teachers in a public school, who are members of any religious sect or
order, wear the distinctive garb or dress of such order, it is the duly of the
school authorities to require such teacher to discontinue while in the public
schoolroom and in the performance of their duties as teachers therein the
wearing of such garb or dress (4516) 538

It is the duty of trustees of school districts to require teachers to discontinue the
use in the public schoolroom during school hours of the distinguishing dress or
garb of the religious order to which they belong (4546) 554

An appeal in which the right of teachers to wear an unusual garb worn exclusively

by members of one religious sect is fully discussed and determined (4722) .... 560

The wearing of an unusual garb worn exclusively by members of one religious
denomination for the purpose of indicating membership in that denomination
by the teachers in the public schools during school hours, while teaching
therein, constitutes a sectarian influence which ought not to be persisted in

(4642, 5010) S68, 572

Residence

The facts which are necessary to constitute a residence are fully discussed and

determined (4901 ) 575

Where a person acquires a domicile or residence in a school district in the State
and has children of school age and such person enters the service of the
United States, he does not lose his domicile or residence in such school district
by reason of his employment in the service of the United States and is still en-
titled to send his children to school in the school district in which he had
acquired such domicile or residence (4229) 577

A person who has acquired a residence or domicile within a school district and
necessarily takes him away from the district a large part of the time and
whose family are also temporarily absent from such district, does not lose his
residence or domicile in said district, and his child is entitled to attend school
in the district without the payment of tuition (4238) 578

Renting a room in a school district for the purpose of storing household goods is
not suflScient to maintain a residence in the district when a home is main-
tained elsewhere (5259) 579

A man who hires a house and lives in a district for a portion of the time for the
" comfort and convenience of business " is not necessarily a resident of such
district. If such arrangement is only temporary and he has a permanent home
elsewhere, his residence must be regarded in the district of such permanent
home (5228) 580

When the home of children has been broken up and they are brought to the resi-
dence of one who stands in the place of parents, such children become resi-
dents of the district in which such person resides (4084) 5S1

When a child comes from another state to stop temporarily with her grandfather
and her residence is subject to be determined at the option of her parents and
the grandfather does not occupy the relation of a parent or guardian, such
child is not entitled to the privileges of the school in the district where her
grandfather resides (4088) 5S2



index to judicial decisions 1477

Schools page

An appeal in which the board of education of the city of Elmira is directed to open
the schools and in which the corporate authorities are directed to levy a tax
for the amount needed for school purposes for the school year (3993) 588

The general policy and authority of the State to direct a municipality to open and

continue schools is fully discussed and determined 588

School may be closed because of the prevalence or fear of an epidemic disease

(3706) 592

A school district has not the authority to direct the trustee to close the district
school. The law makes it the duty of the trustee to conduct a school and the
action of the district in such case is not controlling upon him (3973) S93

Boards of education are not authorized by law to determine whether a teacher shall
attend a teachers institute or shall not attend such institutes. These officers
have no discretion in such matters. The law directs that schools shall be closed
during the time a teachers institute is being held. It requires the attendance of
teachers without loss of pay (3794) 594

The school system of a city is a state and not a local system and is under the
general supervision and management of the State Superintendent of Public
Instruction (4584) . Board of education 121

The courses of study given in any school district must be free to the residents of

such district (4264). Tuition 1305

A board of education has not the authority to prescribe a rule which will require
resident students to pay tuition for pursuing any course of study given in the

school (3984). Tuition 1315

School district

It has been held that a district in which a union free school has been established
is still an ordinary district except so far as the inhabitants and officers thereof
are invested with additional powers and privileges (5293). Elections 184

When a common school district is changed to a union free school district by action
of a district meeting, such common school district ceases to exist except for

the purpose (4750). Union free school districts 1390

School district records

The records of a school district are open to the inspection of any resident of the
district during reasonable hours and it is the duty of the collector to accord

residents of the district this privilege (4192). Officers 438

School districts — alter.ation of

The object in requiring three months' notice to trustees when an alteration of

school district boundaries is made is for the protection of trustees, etc 597

When the boundaries of a school district have been determined on an appeal before
the Department, local officers have not the authority to modify such boundaries
until after the lapse of at least three years without express permission from
the Department 598

It is against the settled policy of the Department to allow real property to be trans-
ferred from a comparatively weak district to a stronger district when it is not
clearly shown that such action would give increased convenience to the persons
occupying the transferred territory (4917) 599

A trustee has not the authority to consent to the alteration of a school district

which transfers his property to another district (4917, 3938) S99, 600

The Department does not favor the alteration of school districts by taking prop-
erty from a comparatively weak district financially and annexing it to a
district financially strong (4903, 3693) 601, 603



1478 THE UNIVERSITY OF THE STATE OF NEW YORK

School DISTRICTS — ^alteration of — continued pace

An appeal in which a school commissioner is ordered to divide the boundaries of

a district in accordance with the county line (3774) 60S

An appeal in which the whole general procedure in relation to the alteration of

school district boundaries is generally discussed and determined (4909) 606

The action of a school commissioner in altering the boundaries of a district will
not be interfered with unless there is a preponderance of evidence that the
action taken was unwise or adverse to the interest of education, etc. (3642) 610

The Department has uniformly held that an order of a school commissioner alter-
ing the boundaries of a school district should be sustained when the com-
missioner has acted in good faith and by the order has restored to a district
territory which has been unintentionally and under a misapprehension of
facts set off from such district (4923, 3518) 612, 614

\'he action of a school commissioner in setting off a portion of one district and
annexing it to another and by so doing providing better school facilities and
increased convenience to the persons occupying the territory transferred and
leave the district from which such territory was taken with sufficient resources
to maintain a satisfactory school, will not be interfered with (4314. 37os) ■ -616, 618

The State Superintendent will order the setting off of land from one district and
annexing the same to another when such action will give the occupant of the
land transferred better school advantages and will not materially weaken the
district from which the territory was taken (3893, 3669, 3813) 619, 620, 621

Territory may properly be detached from one district and annexed to adjoining
district when it appears that such territory is in close proximity to the school-
house in the district to which the territory is transferred and a very consider-
able distance from the schoolhouse in the district in which it was located

(3795 ) 622

An appeal in which the preliminary order and the confirmatory order by the

local board are fully discussed and the procedure determined (4534) . . ...... 624

An appeal which determines the method of describing school district boundaries

when alterations are made, etc. (4S44) 637

In the alteration of school districts, the equalization of values may be an element

for consideration but should not be the controlling one (4427) 630

School commissioners have not the authority to divide a school district upon
which there is an outstanding bonded indebtedness. In this appeal the method
of procedure in relation to preliminary orders and confirmatory orders is also
discussed and determined (44S3) 631

This is an appeal in which the law relative to the alteration of school district
boundaries is fully discussed and interpreted. It is also held that the altera-
tion of a school district is a purely statutory procedure and that the law
relative thereto must be strictly followed (3512) 634

A failure to follow strictly the provisions of the law relative to the division of
school districts is sufficient ground to vacate such order. The advisability of
dividing a village into two districts with two small schools instead of con-
tinuing as one district with a good-sized school is disapproved (3635) 638

Trustees are not required to call a special meeting of the district for the considera-
tion of the question of dividing such district. The action of trustees in calling
a special meeting for this purpose is entirely proper but the responsibility for
dividing the district rests with the trustees of the district and the school
commissioner having jurisdiction (3620) 641

Where the order of a school commissioner in altering the boundaries of a district
operate as a hardship such order may on direction of the Commissioner of
education be modified to correct an inequality without a repealing of the
original order (5440) 643



INDEX TO JUDICIAL DECISIONS ^479

School districts — alteration of — continued ^^'^^

The fact that certain residents of a district will be somewhat farther removed

from a schoolhouse but still within a reasonable distance of one as such

distances are generally determined in country districts is not sufficient ground

to defeat the object of providing better school facilities for a community

(5354) ' 646

A school commissioner will be directed to make an order annexing to an adjoining
village district a portion of a school district which will afford the residents
thereof better school facilities and still leave the district with sufficient
property and sufficient children to maintain a good school (5341) 648

Where the consent of trustees to the alteration of a district is obtained by
consulting the members of the board individually and not at a regularly called
meeting and a school commissioner makes an order of alteration based
thereon, such order will be vacated (4376) 649

A school commissioner has not the authority to transfer any portion of a school
district which has a bonded indebtedness to another school district (4363,

4013) 651, 655

The action of a local board in declining to confirm an order of alteration of a
school commissioner will be sustained when it appears by the proof presented
to the board that no valid reason exists for the alteration of such district

(4384. 4353) 656. 658

When the boundaries of a school district are established by a special act and
definitely set forth, the boundaries can be altered by act of the Legislature
only (3918) 661

A school commissioner who fails to file a confirmatory order made by him may
correct such negligence by filing the order later. Failure to give proper notice
of the meeting to hear objections is waived by the appearance at the meeting
without objection of all the parties entitled to notice. The effect of the
consent of trustees to an order altering the boundaries of a district is fully
discussed here (3534) 662

An appeal from the refusal of a district meeting to adopt a motion directing trus-
tees to consent to the alteration of the district so as to transfer certain
lands is not a proper remedy. The course in such case is to bring the matter
directly to the school commissioner. This officer may act without consent.
Upon his determination, an appeal will lie (3646) 664

It is not essential to the validity of proceedings to alter a school district that
the trustees should in words either give or refuse to consent to the altera-
tion. If the trustees consent in writing, the commissioner may take one
course ; if consent is not given, though no formal refusal is made, the
commissioner may proceed in another way (3800) 66s

The advisability of transferring from one school district, having an assessed
valuation of $58,000, certain lands having a valuation of $6000 and constituting
such territory a separate district, is questioned (3862) 666

Where school commissioners are directed in an order made in an appeal to
divide the district by the county line and the local board refuses to confirm
such order, the school commissioners will be directed to make a confirmatory
order as proposed by the preliminary order (3792) 668

A school commissioner in declining to set off a taxpayer from one district to
another for the reason that such taxpayer presumed when he purchased land
that he was included in the district to which he desires to be transferred,
will be sustained (3516) 669

A preliminary order changing the boundaries of a joint school district may be
made by the school commissioner of the district in which such territory is



1480 THE UNIVERSITY OF THE STATE OF NEW YORK

School districts — alteration of — continued page

located, provided the whole of such territory lies in such school commis-
sioner's district. The confirmatory order in such case must be a joint order
by the commissioners in whose districts the school districts affected lie
(5252) 671

When the commissioners having jurisdiction over a joint district can not agree to
make an alteration of the district, the State Superintendent will not interfere
unless the propriety of the change is clearly manifest and where a refusal

to so order would necessarily work an injustice (3569). Meetings 336

School districts — boundaries of

Where inhabitants have been properly set off from one district to another and
the town clerk has omitted to record the order, they will be regarded as
inhabitants of the district to which they have been annexed after it has been
acquiesced in for years 674

Where an appeal is taken from an order of a school commissioner defining the
location of a farm as regards the boundaries of certain school districts on
the ground that the order makes an alteration in school districts, the burden
is upon the appellants to establish their contention by preponderance of proof

(4241) 674

Where a school commissioner makes an order defining the boundary of a school
district when, in fact, the order is an alteration of the school district and

other school districts adjoining, said order should be vacated (4246) 676

A school commissioner has full authority to make an order to amend the
boundaries of a school district or to make an amended record of the boundary

where said order does not alter the boundaries of the district (4388) 679

An order of a school commissioner intended to determine indefinite and defective
boundaries will be vacated when the order seeks to change the boundaries
of the district or operate so as to transfer territory from one district to
another. Appellant's pleadings are required to be served upon real parties

in interest only (3673) 68a

An order of a school commissioner, intended to define obscure boundary lines of
a district but which, in effect, sets off a large farm from one district to

another, is irregular and will be vacated (4004) 684

A school commissioner's order changing the boundaries of a district will not be
sustained when sucli order is made without the consent of the trustees of the

districts affected thereby (3676) 685

General acquiescence for a long period of years, supported by a parol evidence that
certain lands form a part of a school district, is sufficient to sustain the theory
that the lands in question were regularly set in the district and constitute a

part thereof (3929) 686

In ascertaining the boundary lines of a school district for the purpose of an assess-
ment of a parcel of land in the proper district, public records are decisive in

the question and can not be changed by outside proof (4022) 687

An order made by school commissioners more than twenty-five years ago, alter-
ing district boundaries, acquiesced in by repeated acts by one who now collat-
erally raises the question of its regularity, will be upheld (3821) 688

The presumption is that a school commissioner has acted regularly and discreetly
in defining a disputed boundary line and will be upheld in the order which he
makes, unless it is clearly made to appear that he acted otherwise (3804) .... 690
An appeal in which the general power of a school commissioner to make an order
correcting or amending the boundaries of a district is generally discussed and
determined (5156) 691



INDEX TO JUDICIAL DECISIONS I481

School districts — boundaries of ■ — • continued pace

When a school commissioner extends the boundaries of a school district to include
taxable property not within such district, the expense thereof is a charge upon
such district and should be paid by the trustee upon the certificate of the
school commissioner (5245) 692

A school commissioner who refuses to make an order simply to correct an irregu-
larity in boundary lines and not serving any good educational purpose, will

be sustained (5367) 604

School districts — consolidation of

A school commissioner's action in consolidating weak districts will be regarded
wise and sustained when such action will result in giving all parties con-
cerned better school facilities, without imposing unjust burdens or hardships
upon anyone. An equitable adjustment of taxation should not be the con-
trolling influence in the consolidation of school districts (5191) 696

An appeal in which the general provisions of the law in relation to the consolida-
tion of school districts are discussed and determined (44S1) 699

A school commissioner's order in consolidating school districts will be set aside
where it is clearly shown that the order is prejudicial to a large number of
families having children of school age residing therein (4015) 702

A school commissioner's order in consolidating school districts which has been
regularly made will be upheld unless it is shown by a preponderance of proof
to be unwise and is opposed to the best educational interests of the terri-
tory affected (3847) 703

The action of a school commissioner in consolidating two school districts which
were weak and unable to sustain good schools will not be disturbed when it
is shown that, by the consolidation, a district has been formed of sufficient
strength to maintain a good school. The consent of a district meeting is not
in compliance with the law. Such consent must be by the trustees of the
districts affected (3660) 70S

When a school commissioner makes an order consolidating school districts and
tlie effect of such order is greatly to inconvenience children who would
naturally attend the school and a majority of the electors of one of the
districts is clearly opposed to consolidation and the district affected by the
order is sufficiently strong to maintain proper schools, the order will be
vacated (3904) 706

The action of a school commissioner in consolidating two districts which pro-



Online LibraryNew York (State). Superintendent of Common SchoolsJudicial decisions of the State Superintendent of Common Schools, State Superintendent of Public Instruction, State Commissioner of Education, from 1822 to 1913 → online text (page 184 of 188)