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ing a truant school, may contract with any other city or district having a truant school, for the confinement, maintenance and instruction therein of children whom such school authorities might require to attend a truant school, if there were one in their own city or district.
8. Industrial training shall be furnished in every such truant school.
9. The expense attending the commitment and cost of maintenance of any truant residing in any city, or district, employing a superintendent of schools shall be a charge against such city, or district, and in all other cases shall be a county charge.
$ 636. Enforcement of law and withholding the state moneys by commissioner of education. commissioner of education shall supervise the enforcement of this law and he may withhold one-half of all public school moneys from any city or district, which, in his judgment, wilfully omits and refuses to enforce the provisions of this article, after due notice, so often and so long as such wilful omission and refusal shall, in his judgment, continue.
2. If the provisions of this article are complied with at any time within one year from the date on which said moneys were withheld, the moneys so withheld shall be paid over by said commissioner of education to such district or city, otherwise forfeited to the state.
Physiology and Hygiene. Section 690. Instruction regarding nature of alcoholic drinks.
691. Enforcement of last section.
§ 690. Instruction regarding nature of alcoholic drinks. 1. The nature of alcoholic drinks and other narcotics and their effects on the human system shall be taught in connection with the various divisions of physiology and hygiene, as thoroughly as are other branches in all schools under state control,
or supported wholly or in part by public money of the state, and also in all schools connected with reformatory institutions.
2. All pupils in the above-mentioned schools below the second year of the high school and above the third year of school work computing from the beginning of the lowest primary, not kindergarten, year, or in corresponding classes of ungraded schools, shall be taught and shall study this subject every year with suitable text-books in the hands of all pupils, for not less than three lessons a week for ten or more weeks, or the equivalent of the same in each year, and must pass satisfactory tests in this as in other studies before promotion to the next succeeding year's work; except that, where there are nine or more school years below the high school, the study may be omitted in all years above the eighth year and below the high school, by such pupils as have passed the required tests of the eighth year.
3. In all schools above-mentioned, all pupils in the lowest three primary, not kindergarten, school years or in corresponding classes in ungraded schools shall each year be instructed in this subject orally for not less than two lessons a week for ten weeks, or the equivalent of the same in each year, by teachers using text-books adapted for such oral instruction as a guide and standard, and such pupils must pass such tests in this as may be required in other studies before promotion to the next succeeding year's work. Nothing in this article shall be construed as prohibiting or requiring the teaching of this subject in kindergarten schools.
4. The local school authorities shall provide needed facilities and definite time and place for this branch in the regular courses of study.
5. The text-books in the pupils' hands shall be graded to the capacities of fourth year, intermediate, grammar and high school pupils, or to corresponding classes in ungraded schools. For students below high school grade, such text-books shall give at least one-fifth their space, and for students of high school grade, shall give not less than twenty pages to the nature and effects of alcoholic drinks and other narcotics. This subject must be treated in the text-books in connection with the various divisions of physiology and hygiene, and pages on this subject in a separate chapter at the end of the books shall not be counted in determining the minimum. No text-book on physiology not conforming to this article shall be used in the public schools.
6. All regents' examinations in physiology and hygiene shall include a due proportion of questions on the nature of alcoholic drinks and other narcotics, and their effects on the human system.
Section 730. Duty to maintain drills.
731. Penalty for neglect.
733. Not applicable to colleges or universities. § 730. Duty to maintain drills. It shall be the duty of the principal or other person in charge of every public or private school or educational institution within the state, having more than one hundred pupils, or maintained in a building two or more stories high to instruct and train the pupils by means of drills, so that they may in a sudden emergency be able to leave the school building in the shortest possible time and without confusion or panic. Such drills or rapid dismissals shall be held at least once in each month.
$ 731. Penalty for neglect. Neglect by any principal or other person in charge of any public or private school or edueational institution to comply with the provisions of this article shall be a misdemeanor punishable at the discretion of the court by fine not exceeding fifty dollars; such fine to be paid to the pension fund of the local fire department where there is such a fund.
$ 732. Duty to instruct teachers. It shall be the duty of the board of education or school board or other body having control of the schools in any district or city to cause a copy of this article to be printed in the manual or handbook prepared for the guidance of teachers, where such manual or handbook is in use or may hereafter come into use.
$ 733. Not applicable to colleges or universities. The provisions of this article shall not apply to colleges or universities.
Orphan Schools. Section 900. Schools of orphan asylums.
901. Rules subject to supervision of school authorities.
902. Annual reports. $ 900. Schools of orphan asylums. The schools of the several incorporated orphan asylum societies in this state, other than those in the city of New York, shall participate in the distribution of the school moneys, in the same manner and to the same extent, in proportion to the number of children educated therein, as the common schools in their respective cities or districts. The schools of said societies shall be subject to the rules and regulations of the common schools in such cities or districts, but shall remain under the immediate management and direction of the said societies as heretofore.
1. ORPHAN ASYLUMS. Payment of public moneys for secular education of inmates. St. Mary's Boys' Orphan Asylum of the city of Rochester, incorporated under chapter 319 of the Laws of 1848, is neither a school nor an institution of learning within the meaning of section 4 of article 9 of the Constitution prohibiting the payment of public moneys to a denominational school or institution of learning, but on the contrary is an orphan asylum within the meaning of section 14 of article 8 of the Constitution permitting the payment of public moneys for the secular education of the inmates therein.
2. BOARD OF EDUCATION OF CITY OF ROCHESTER EXPRESSLY AUTHORIZED TO EMPLOY AND PAY TEACHERS. Under the charter of the city of Rochester (L. 1880, ch. 14, $ 131, amd. L. 1898, ch. 660, $ 127) and under the Consolidated School Law (L. 1894, ch. 556, tit. 15, art. 12, $ 32) the board of education is not only expressly authorized to employ and pay teachers for the secular education of the inmates of such asylum but their employment for that purpose is imposed upon it as a duty.
3. SECTARIAN CONTROL IMMATERIAL. The fact that such asylum is controlled by a religious organization and that the teachers employed by the board of education, who were duly licensed to teach by the public authori. ties, were members of a sisterhood connected with such denominations, is immaterial, since the statute clearly recognizes the fact that the instruction
of the inmates is neither practicable nor possible elsewhere than in the insti: tution itself, and it is the duty of the board to provide for their secular education therein, regardless of the religious belief of those in control of the asylum.
4. STATUTES AUTHORIZING EMPLOYMENT NOT MANDATORY. The several statutes under which the moneys are raised and paid over to the board of education for the purpose of defraying the expense of secular education in orphan asylums are not mandatory and, therefore, violative of the Constitution; but if they were they could properly be disregarded by the local authorities.
Supreme Court, November, 1902, Sargent v. Board of Education, 76 App. Div. 588; affirmed, Court of Appeals, January, 1904, 177 N. Y. 317; 79 N. Y. Supp. 127.
$ 901. Rules subject to supervision of school authorities. Every such asylum may make all laws, rules and regulations relative to the education and discipline of their inmates, as a majority of the trustees thereof at their annual meeting shall think fit and proper; but such laws, rules and regulations shall not be repugnant to the laws of this state in its policy in reference to public and primary instruction, and shall be subject at all times to the inspection and supervision of the several educational officers of different villages, towns or cities in which such orphan asylums may be located.
§ 902. Annual reports. An annual report shall be made and sworn to by the presiding officer of any such asylum, stating the number of inmates thereof, the time spent by them in pursuing studies therein, in what studies they shall have been instructed, and the manner in which the public funds distributed to it shall have been expended, which shall be filed with the commissioner of education.
Instruction of Deaf-Mutes and of the Blind.
Section 970. Duties of commissioner of education. 971. Persons eligible as pupils to institutions for in
struction of the deaf and dumb. 972. Persons eligible as pupils to institutions for instruc
tion of the blind.