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· ARTICLE VIII.

FREE SCHOOL FUND, APPORTIONMENT AND DISTRIBUTION. ..

Section 200. Free school fund.

201. Temporary loans for deficiencies.

202. Apportionment of free school fund.

203. Certificate of apportionment.

204. Moneys when payable.

205. Supplemental apportionment.

206. Correcting error in apportionment.

207. Allowance to excluded districts.

208. Reclaiming excess in apportionment.

209. Deduction from next apportionment.

210. Comptroller may withhold moneys.

211. Withholding public money.

212. Apportionment by school commissioners.

213. Certificate of apportionment.

214. Certificate to supervisor.

215. Certificate to be filel.

216. Supervisors bond for school moneys.

217. When commissioner may appoint person to disburse

money.

218. · Application of state school moneys.

219. Disposition of school moneys by supervisor.

220. Certain orphan schools to share in apportionment.

[General note.-The law relating to apportionment and distri. bution of public funds for common schools has been rewritten and rearranged in this article. A definition of the free school fund is inserted, which it is thought will obviate the necessity of repeti. tions in appropriation bills and other statutes. The general plan of apportionment has been retained.]

$ 200. Free school fund. The free school fund consists of:

1. All moneys raised by state tax for school purposes.

2. All moneys borrowed to supply deficiencies in the payment

of the state school tax.

3. The income of the common school fund and of the United

States deposit fund appropriated for common schools.

4. All other moneys paid into the state treasury for the benefit

of common schools.

[New in form. Subdivisions 1 and 2 based upon Con. School Law, tit. II, § 4. Subdivisions 3 and 4 are new.]

(Page 10, § 4.)

$201. Temporary loans for deficiencies.-Whenever, after the

first day of March in any year, in consequence of the failure of any

county to pay such moneys on or before that day there shall be a

deficiency of moneys in the treasury applicable to the payment of

school moneys, to which any other county may be entitled, the

treasurer and superintendent of public instruction are hereby au.

thorized to make a temporary loan of the amount so deficient, and

sucă loan, and the interest thereon at the rate of twelve per cent.

per annum, until payment be made to the treasury, shall be a

charge on the county in default, and shall be added to the

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amount of state tax, and levied on such county by the board of

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supervisors thereof at the next ensuing assessment, and shall be

paid into the treasury in the same manner as other taxes.

[Con. School Law, tit. II, part of § 3, rewritten without intended change. The remainder of § 3 is included in 210 of the revision.]

(Page 9, § 3.)

§ 202. Apportionment of free school fund.—The state school

moneys subject to apportionment and disbursement by the super

intendent consist of the portions of the free school fund appropri

ated for the support of common schools. Within the first twenty

days of January in each year the superintendent shall apportion

such moneys, except school library moneys, as follows:

1. To each city, eight hundred dollars.

2. To each village which has a population of five thousand, as

shown by the latest state census or federal or village enumeration,

eight hundred dollars.

3. To each union school district which has a population of five

thousand, and which employs a superintendent of schools, eight

hundred dollars. The population must be determined by the su.

perintendent and for that purpose an enumeration may be taken,

at the expense of the district, or any other authorized enumeration

may be adopted by him.

The apportionment shall not be made under either of the last

three subdivisions, unless the superintendent is satisfied that such

city, village or district employs a competent superintendent, who

devotes his time exclusively to the public schools. An apportion

ment under either of the first three subdivisions of this section is

known as a supervision quota.

4. For a contingent fund, not less than six thousand nor more

than ten thousand dollars.

5. From the remainder to each city and district entitled thereto

one hundred dollars; but a city or district is not entitled to such

sum, unless it has made the reports required by law; nor unless

the public school therein has been taught by a qualified teacher

for at least one hundred and sixty school days during the last pre

ceding school year, except that a holiday occurring on a day

which would otherwise be a school day, and the time, not exceed

ing three weeks, during which a teacher is attending a teachers'

institute in the county, shall be counted as a part of the required

period.

The sum apportioned by this subdivision is known as a district

quota.

6. To each such district, for each additional qualified teacher

and his successors, by whom the school has been taught during

the whole of said period, one hundred dollars; but pupils em

ployed as monitors or otherwise shall not be deemed teachers.

7. The remainder to the several counties according to their

respective population by a ratio to be ascertained by dividing

euch remainder by the population of the state as shown by the

latest federal census or state enumeration; except that for the

purpose of this apportionment The City of New York shall be con

sidered one county. A separate apportionment shall also be

made for each city wholly within a county.

[Con. Schoo! Law, tit. II, SS 4, 5, 6, 7, rewritten and condensed.

The subject of school library apportionment is omitted, and the proposed plan for the payment of state school library moneys is stated in section 759 of revision. The law which required the apportionment of library money by the school commissioners and the payment of it to the county treasurer has been changed, and the school library fund under this plan will be distributed directly by the state superintendent on application from any district entitled to share in it. There will be no apportionment in the ordinary sense, but payments will be made to districts as they apply, if funds are available.]

(Page 10, $$ 4, 5, 6, 7.)

$ 203. Certificate of apportionment.—The superintendent, imme.

diately on the completion of an annual apportionment, shall cer

tify it to the county clerk, county treasurer, school commissioners

and the city treasurer or chamberlain in every city; and if it is

a supplemental apportionment, to the county clerk, county treas

urer and school commissioners of the county affected.

[Con. School Law, tit. II, § 11, rewritten without intended change.]

(Page 13, § 11.)

§ 204. Moneys, when payable.—The moneys so annually appor

tioned by the superintendent shall be payable on the next suc

ceeding first day of April to the treasurers of the several coun

ties, and the comptroller of the city of New York.

[Con. School Law, tit. II, § 12, rewritten without intended change.]

(Page 13, § 12.)

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