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Education Department

upon the budget for the school year was not taken in accord-
ance with the provisions of section 207 of the Education Law
does not constitute any ground for the removal of the trustees,
nor can the failure of the chairman of the annual meeting of
the district to insist that the vote be taken in accordance with
the statute be charged against him as a basis of a proceeding
for his removal from the office of trustee.

While the original action of trustees in making expenditures
without specific authority on the part of the district meeting
was not within their powers as trustees, the district meeting
had the right to ratify and approve the action of the trustees
with the same force and effect as if the expenditures had been
originally authorized by the district meeting.

Crawford, town of, Orange county, In the matter of the appeal
from the order dissolving district No. 2 of the, and annexing its
territory to union free school district No. 3 of said town. (Case
No. 760), 100.

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School districts consolidation consent of trustees and
taxpayers not necessary under Education Law, § 129. The
consent of the trustees or of the taxpayers of a school district
is not required to validate an order made pursuant to section
129 of the Education Law for the consolidation of school
districts.

Dearstyne, Edgar, In the matter of the appeal of, from the elec-
tion at the annual school meeting held in common school district
No. 2 of the town of Pittstown, Rensselaer county, New York,
on May 2, 1922. (Case No. 759), 91.

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• voters ·

appeal

School districts elections
dismissed.
Where the objections made to the right of persons to vote at
an annual district meeting are not in form challenges and the
persons offering their votes might have insisted that they be
received, the result of the meeting will not be set aside because
of their failure to exercise their legal right.

Duanesburg, town of, Schenectady county, In the matter of the
appeal from the action of the special district meeting held in
union free school district No. 1 of the, August 4, 1922, in desig-
nating a new school site for said district. (Case No. 789), 562.

Union free school districts — selection of site for new school
- stay order continued for thirty days otherwise appeal dis-
missed. The law confers upon the voters of a district the right
to designate the school site and unless the site selected is shown
to endanger the lives or health of the children or is inaccessible
to a considerable portion of the district the Commissioner of
Education is not justified in interfering with and setting aside
the will of the voters of the district as expressed at the dis-
trict meeting.

Should a petition be presented to the board of education,
signed by a substantial number of qualified voters of the dis-
trict representing not less than thirty per cent of the greatest

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number of votes cast at the special district meeting upon any
proposition then presented, requesting that a district meeting
be called for the designation of another site definitely described
in the petition, and in the event of such designation, authoriz-
ing the board of education to sell the site selected at the special
district meeting, it will become the duty of the board to call
such district meeting and then give the voters of the district an
opportunity after mature consideration to change the site
selected in case they so desire.

Ellery, town of, Chautauqua county, In the matter of the appeal
relative to the election of trustee in district No. 11 of the, at the
annual district meeting held May 2, 1922.

School districts

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- election of trustee

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(Case No. 767), 179.
appeal dismissed. An
election will not be disturbed at the instance of persons who
were present at a district meeting and failed to interpose
challenges in case persons not qualified to vote attempted to
cast their ballots.

Esopus, town of, Ulster county, In the matter of the appeal of the
trustees of district No. 13 of the, from the action of the board
of education of the city of Kingston in fixing the tuition rates
for the instruction of academic pupils. (Case No. 754), 43.

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School districts tuition for nonresident pupils in excess
of State tuition may be charged where the cost of instruction is
higher than the State tuition. Where it has actually cost a
city school district at least forty dollars in excess of the State
tuition for the instruction of nonresident pupils during the
school year, the board of education had the right to fix its
total tuition fee for nonresident academic pupils at ninety
dollars, or forty dollars in excess of the State tuition.

The reception of pupils without any notice of additional
charge to the districts until late in the term constituted in
effect an implied agreement on the part of the board of educa-
tion to give such instruction for the consideration that had
previously been charged, at least for the term upon which
the pupils had then entered and until further notice.

The board permitted to collect an excess tuition of twenty
dollars for the second term of the school year.

Fort Covington, town of, Franklin county, In the matter of the
appeal from the order dissolving district No. 2 of the, and annex-
ing its territory to union free school district No. 1 of said town
and county. (Case No. 791), 619.

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School districts—consolidation · appeal from order of dis-
trict superintendent dismissed. It is not good educational pol-
icy to maintain small school districts, particularly where there
is a graded school nearby, to which the small district may be
joined, thus giving to the pupils the advantages of the graded
school and in this case the additional advantages of the academic
department.

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Education Department

Gilboa, town of, Schoharie county, In the matter of the appeal
from the annual district meeting held in district No. 1 of the,
May 2, 1922. (Case No. 768), 180.

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School districts — annual meeting - election of trustee·
qualification of voters. Election of trustee set aside where it
appears that the person declared elected is not a resident of
the district.

Where a person holds a school district office and during his
term is elected to another district office he vacates the office
which he holds by accepting the office under the last election.

Votes cast by persons not possessing the necessary qualifica-
tions will be eliminated, and, where a motion to accept the
trustees' annual report was in fact carried by a majority of
those who were qualified to vote, the recorded action of the
meeting to the contrary will be set aside.

Hempstead, town of, In the matter of the appeal from the action
of the special district meeting held in union free school district
No. 11 of the, December 23, 1921. (Case No. 755), 47.

School districts-transportation of pupils. Where a dis-
trict maintains its own school there is no obligation upon the
part of the district to provide conveyance for the children
unless it is established that the parents are without means of
furnishing conveyance, that the distance is too great for the
children to walk and that unless the district furnishes such
conveyance the children will be practically deprived of school
privileges.

Hopewell, town of, Ontario county, In the matter of the appeal
from the refusal of district No. 7 of the, to pay the excess tuition
charged for the instruction of academic pupils of such district.
(Case No. 783), 457.

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Union free school districts excess tuition of nonresident
pupils appeal sustained. Appeal from refusal of school
trustee to pay excess tuition charged for the instruction of
pupils in the school of a union free school district, pursuant to
a designation made by the district superintendent, sustained.
Hoppe, Mary A., In the matter of the appeal of, from the decision
of the board of examiners of the city of New York, made March
17, 1922, declaring her ineligible for license as principal of an
elementary school and for placement on the eligible list as of
December 30, 1921. (Case No. 790), 569.

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School teachers alien teacher who is entitled to retain her
position in the school system is entitled to advancement — Edu-
cation Law, 550. In February, 1920, the appellant, a teacher
in the New York schools, married an alien who had declared
his intention to become a citizen of the United States, and,
under the law as it then existed, she thereupon took the citizen-
ship of her husband.

The board of education contends that, under section 550 of
the Education Law, the appellant was not entitled to receive

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a license as principal of elementary schools and was not entitled
to placement on the eligible list in accordance with her rating.
The board contends that appellant might continue in the par-
ticular employment in which she found herself upon the certain
date fixed by statute, provided she took steps to become a
citizen as prescribed in the statute.

Held, that so long as teachers remain in the school system
they will be protected in their employment. It was never
intended that they could not obtain a position in the system in
advance of the particular position which they occupied upon
the date fixed by statute provided they became entitled by
examination to such advanced position in the same system.

Hyde Park, town of, Dutchess county, In the matter of the appeal
of the board of education of union free school district No. 2
of the, from the action of the board of education of the city of
Poughkeepsie. (Case No. 792), 710.

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Nonresident academic pupils – tuition Education Law,
§ 493(6), as amended by chapter 383 of the Laws of 1921.
Where a city which maintains a high school in which non-
resident pupils receive instruction, has a tax rate for school
purposes in excess of the rate in the district from which the
nonresident pupils come, and where the instruction of such non-
resident pupils adds to the total cost of instruction of academic
pupils in the city in a sum in excess of the State tuition, the
city is entitled, under the provisions of section 493 (6) of the
Education Law, as amended by chapter 383 of the Laws of
1921, to receive from the nonresident pupils a tuition fee,
including the State tuition, equal to the actual cost of the
instruction.

Kingston, city of, In the matter of the appeal of the trustees of
district No. 13 of the town of Esopus, Ulster county, from the
action of the board of education of the, in fixing the tuition rates
for the instruction of academic pupils. (Case No. 754), 43.

School districts tuition for nonresident pupils in excess
of State tuition may be charged where the cost of instruction
is higher than the State tuition. Where it has actually cost a
city school district at least forty dollars in excess of the State
tuition for the instruction of nonresident pupils during the
school year, the board of education had the right to fix its
total tuition fee for nonresident academic pupils at ninety
dollars, or forty dollars in excess of the State tuition.

The reception of pupils without any notice of additional
charge to the districts until late in the term constituted in
effect an implied agreement on the part of the board of educa-
tion to give such instruction for the consideration that had
previously been charged, at least for the term upon which the
pupils had then entered and until further notice.

The board permitted to collect an excess tuition of twenty
dollars for the second term of the school year.

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Education Department

Knox, town of, Albany county, In the matter of the appeal from
the action of the annual district meeting held in district No. 12
of the, May 2, 1922. (Case No. 769), 184.

School districts elections - Education Law, § 227. School
officers must be elected by votes cast by qualified electors,
present and voting at the meeting. The casting of a ballot by
the clerk or chairman of the meeting as directed by a motion
adopted by the electors present does not constitute an election
by ballot within the meaning of section 227 of the Education
Law.

Landel, Eva S., In the matter of the appeal of, from the action of
the trustee of district No. 13 of the town of Alden, Erie county.
(Case No. 775), 255.

School teachers appeal from refusal to pay wages sus-
tained. Appeal from refusal to pay appellant's wages sustained
without prejudice to any action that the district, through its
officers, may see fit to take respecting its claim against the
appellant for destruction of property or otherwise.

Lawrence, Fred G., In the matter of the appeal of, and Earl W.
Pierce from the election of trustee and collector in common
school district No. 11 of the town of Fallsburgh at the annual
school meeting held May 2, 1922. (Case No. 757), 85.

School districts election of trustee set aside election of
collector sustained.

Lenox, town of, Madison county, In the matter of the appeal from
an order defining the boundary line between district No. 6 of
the towns of Lenox and Sullivan and district No. 9 of the. (Case
No. 787), 556.

School districts — order defining boundary lines amended.
Where the order of a district superintendent defining a bound-
ary line between two school districts, while apparently clear
and definite on its face, leaves in dispute a strip of land about
eight rods in width, an appeal from such order will be sus-
tained in so far as to require an amendment definitely describ-
ing the boundary line.

Morrissey, Alice, In the matter of the appeal of, to the Commis-
sioner of Education of the State of New York, from the action,
determination and decision of the board of examiners of the
department of education of the city of New York, dated July 25,
1919. (Case No. 777), 302.

School teachers appeal from action of the board of exam-
iners in refusing to grant license dismissed. There must be
convincing proof of malice, bad faith or gross error to justify
the setting aside upon appeal of a duly considered determina-
tion of the board of examiners as to the qualifications, character
and fitness of a candidate for a license.