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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. (As amended by chapter 140 of the Laws of 1910.)
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. (As amended by chapter 140 of the Laws of 1910.)
$ 731. Penalty for neglect.— Neglect by any principal or other person in charge of any public or private school or educational 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. (As amended by chapter 140 of the Laws of 1910.)
§ 732. Duty to instruct teacherş.— 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. (As amended by chapter 140 of the Laws of 1910.)
§ 733. Not applicable to colleges or universities. The provisions of this article shall not apply to colleges or universities. (As amended by chapter 140 of the Laws of 1910.)
Section 990. 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 school 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. (As amended by chapter 110 of the Laws of 1910.)
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. 600, $ 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 authorities, were members of a sisterhood connected with such denominations, iso immaterial, since the statute clearly recognizes the fact that the instruction of the inmates is neither practicable nor possible elsewhere than in the institution 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.
§ 907. 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. (As amended by chapter 140 of the Laws of 1910.)
$ 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. (As amended by chapter 140 of the Laws of 1910.)
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.
tion of the blind.
980. Payment of expenses of tuition and maintenance. $ 970. Duties of commissioner of education. All the institutions for the instruction of the deaf and dumb, and blind, and all other similar institutions, incorporated under the laws of the state, or that may be hereafter incorporated, shall be subject to the visitation of the commissioner of education, and it shall be his duty:
1. To inquire into the organization of the several schools and the method of instruction employed therein.
2. To prescribe courses of study and methods of instruction that will meet the requirements of the state for the education of state pupils.
3. To make appointments of pupils to the several schools, to transfer such pupils from one school to another as circumstances may require; to cancel appointments for sufficient reason.
4. To ascertain by a comparison with other similar institutions, whether any improvements in instruction and discipline can be made; and for that purpose to appoint from time to time, suit
persons to visit the schools. 5. To suggest to the directors of such institutions and to the legislature such improvements as he shall judge expedient.
6. To make an annual report to the legislature on all the matters before enumerated, and particularly as to the condition of
the schools, the improvement of the pupils, and their treatment in respect to board and lodging.
(As amended by chapter 140 of the Laws of 1910.)
§ 971. Persons eligible as pupils to institutions for instruction of the deaf and dumb.—All deaf and dumb persons resident in this state and upwards of twelve years of age, who shall have been resident in this state for one year immediately preceding the application, or, if a minor, whose parent or parents, or, if an orphan, whose nearest friend shall have been resident in this state for one year immediately preceding the application, shall be eligible to appointment as state pupils in one of the deaf and dumb institutions of this state, authorized by law to receive such pupils. (As amended by chapter 140 of the Laws of 1910.)
$ 972. Persons eligible as pupils to institutions for instruction of the blind.-All blind persons of suitable age and possessing the other qualifications prescribed for deaf and dumb state pupils under section nine hundred and twenty-one shall be eligible to appointment to the institutions for the blind in the city of New York, or in the village of Batavia, as follows:
1. All such as are residents of the counties of New York, Kings, Queens, Suffolk, Nassau, Richmond, Westchester, Putnam and Rockland, shall be sent to the institution for the blind in the city of New York.
2. All such who reside in other counties of the state shall be sent to the institution for the blind in the village of Batavia.
3. All such appointments, with the exception of those to the institution for the blind in the village of Batavia, shall be made by the commissioner of education upon application, and in those cases in which, in his opinion, the parents or guardians of the applicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of expense of educating and clothing such pupils shall be paid by their parents, guardians or friends, in such manner and at such times as the commissioner shall designate, which conditions he may modify from time to time, if he shall deem it expedient to do so. (As amended by chapter 140 of the Laws of 1910.)
$ 973. Support and term of instruction of state pupils.—7. Each pupil so received into any of the institutions aforesaid shall