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Art. 444
added to

1. 190g,
ch. 24
(revision
of L, 2910,
ch, 140}.

Laws or New York, 1926 [CHar.

CHAPTER 407

AN ACT to amend the education law, jn relation to the consolidation of
hoards of trusices of public colleges which are parts of the publie school
system in any city of a million iwhubilants ur incre, into one hoard of
higher education, aud the establishment of collegiate centers.

Became a law April 16, 1926, with the approval of the Governor, Passed,
three-fifths being present.

The People of the Atate of New York, represented in Nenate and Assembly,
do enact as follows:

Seetion 1. Chapter twenty-one of the laws of nineteen hundred
and nine, entitled ‘‘ An act relating to education, constituting chap-
ter sixteen of the consolidated Jaws,’’ as amended gencrally by
chapter one hundred and forty of the laws of nineteen hundred
and ten, is hereby amended by adding thereto a new article, to be
article forty-four-a to read as follows:

ARTICLE 44-A.
Boagp or Hicnger Epucation 1x Cirres Havind a Population oF
One Mriurszon or More.

Section 1142, Establishment.
1143. Powers and duties.
1144. Establishment of collegiate centers.

§ 1142. Establishment. A board of higher education is hercby
established in each cily of the state of a population of one tmillion or
more in which, at the time this article takes effect, there are main-
tained public institutions of higher learning which confers degrees,
which are supported out of public funds and which are under the
control of separate boards of trustces. ‘The said board of higher
education of the said city shall govern and administer that part of
the public sehool system within the city which is of collegiate
grade and which leads to academic, technical and professional
degrees. The said board shali consist of citizens who are residents
of the city, as follows: The members of the boards of trustees of
the existing publie institutions of higher learning who are ap-
pointed by the mayor, and three unattached members who shall be
uppoinied by the mayor of the city within thirty days after this
article takes effect. he president of the board of education of the
said city shall also be a member ex-officio of the board of higher
education, The first three nnattached members appointed by the
mayor shall be residents of the borough with the largest public
high school registration at the time this article takes effect; their
successors may, in the diserction of the mayor, be residents of any
borough; but the mayor shall so make his appointments to the
ineluded educational boards and to the unattached group that
within ten years after this act takes effect there shall be and con-
tinuc to be upon the board pf higher education at least four mem-
bers from each of the two boroughs of largest population as de-
termined by the most recent state census, at least one member from

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407} Laws or New York, 1926

the borough of smallest population and at least three members from
each of the remaining boroughs. ‘The mayor shall designate one
of the three unattached members 10 serve wntil July first, nineteen
hundred and twenty-eight, one to serve until July first, nineteen
hundred and thirty-oue, and one to serve until July first, nineteen
hundred and thirty-four; their successors shall be appointed for
fall terms of nine years. The manner of appointment, service and
removal of unattached members shall be the same as that pre-
seribed by law for the appointed trustees of the institutions in-
eluded in the board of higher education.

§ 1143. Powers and duties. The hoard of higher education of
each such city shall be a separate and distinet body corporate, shall
have the dnties and powers of trustees of colleges as set forth in
this chapter, unless otherwise specifically provided in this article,
and the institutions and educational units which they shall conduct
shall be part of the eommon sehool system and shall have the
powers and privileges of colleges and shall be subject to the visita-
tion of the regents of the university of the state of New York.
The boards of trustees of any existing public institutions of higher
learning shall continue to conduct and develop, as part of the
eommon school system, the educational work which they respec-
tively control, for a petiod of three years after which the control
of the educational work of said institutions shall rest solely in
the board of higher education, thongh each of said boards is hereby
authorized. in its discretion, by resolution duly passed at a meeting
legally held, to turn over for administration and control, any
branch or division of its work, to the board of higher education of
such city at any time. From the time when the said board of
higher edueation shall assume sole control as aforesaid the said
board of higher edueation shall administer all educational units
controlled by it, as and under the gencra!l name and title of the
college of the city in which the said units are located; but cach
nnit of such college shall be given an appropriate and distinctive
designation, and any existing unit, constituting a college for
women, shall retain its present, distinctive name. The board of
higher education shall select and acquire all new sites hereafter
jo be designated for public higher edueation in such city,
and iu relation to publie higher cdueation in the said e¢ity, they
shall procure and pass upon all plans for buildings on newly
acquired sites, shall supervise their creetion, shall organize their
faculties, shall approve and administer their courses leading to
academic, professional and technical certificates, diplomas and
degrees, shall appoint their officers of administration and instrue-
tion, shall prepare all their budgets and shall generally control and
administer all public education in the said city beyond the bigh
school level, except that which, at the time this article becomes law,
is conducted and controlled by the existing publie institutions of
higher Jearning as herein provided and the teacher training courses
which are now conducted by the board of education of the said
city. In the establishment of fuiure centers of instruction, they
may, in their discretion. set them up as administrative divisions of

721

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122

Laws or New York, 1926 [Crtap.

one or more of the existing institutions of higher learning; or they
may establish them as distinetive educational units. All laws in
foree at the time this act takes effect relative to any exisling
public college of the city in which the board of higher education is
established, not inconsistent with the provisions of this act, are
hereby declared to be applicable to the edueational system hereby
established under the board of higher education.

he board shall control and keep np the buildings and gronnds
purchased by the city and ocenpied and used by institutions and
units controlled by it; allow and regulate the use, gratuitously or
otherwise, of said property for other than college purposes and
prescribe the fees, if any, fhat persons, associations or corporations
allowed to use it may charge; purchase materials, services, equip-
ment and supplies. But the beard shall not sell, transfer or other-
wise dispose of land and buildings purchased by city funds. They
may, however, accept and administer for college purpose, gifts of
Jand, bequests, trusts, money and buildings from private sources
and erect buildings on college land out of money not furnished hy
the city; and gifts of money, endowments, fees, interest
and other income not derived from public taxation or the
publie credit shall be administered by them for collegiate pur-
poses in connection with the units under their control. The
board shall establish positions, departments, divisions and facul-
ties; appoint and in accordance with the provisions of law
fix salaries of teachers and other employees therein; establish
and conduct eourses and curricula and preseribe conditions of
student ad:nission, attendance and discharge. The board shall
furnish the benefits of collegiate education gratuitously to citizens
who are actual residents of the city and who are qualified for
admission to any regular undergraduate conrse of study leading to
a bacealaureate degree and to any course of study in any prepara-
tory, training or model school connected with any institution under
their control; and they may furnish gratuitously or otherwise
for male and female students, aciual residents or employees of
said city and non-matriculated students, additional technical, pro-
fessional and special courses of study and other cdneational ad-
yantages. Tn all courses and courses of study they may, in their
diserction, require students to pay library, laboratory, locker and
breakage fees and meet the cost of hooks and consumable supplies.
The board shall, on the recommendation of its faculty or faculties,
grant the certificates, diplomas and degrees which were
announced in the bulletins of the existing public institutions
of higher learning published for the term heginning immediately
prior to the taking effcet of this article, and also such
other degrees and honors as the regents may hereafter specifically
authorize them or any included board of trustecs to grant. The
board shall report to the hoard of estimate and apportionment, or
like financial body of the city, annually on or before the first day
of September, an estirmaie of the total sum of money which wilt
be required for the ensuing calendar ycar for the support, mainte-
nance and operation of each of its schools, colleges, divisions, and

OKGITAL


407] Laws or New Yor, 1926

sessions which have been in operation for a year, which estimate
-shall consist of two parts, (a) the sum of moncy that will be needed
to pay the compensation and salaries of all officers of administration
and instruction and other employees of each such eenter fixed pur-
suant to the provisions of law and (bh) the sum of money
that will be needed for all other purposes connected with their
maintenanee and operation, including the purchase of supplies,
materials, equipment, repairs and services, The total sum, m-
eluding both items, shall not exceed the amount appropriated for
these purposes by the city for the then current year,
inereased or decreased by a per centum thereof equal
to the per centum increase or decrease of students registered
in the day session of such center on the first day of March
of the current ealendar year as compared with the students so
registered a year carlier, (or if the center was not open for stu-
dents a year earlier, the initial cnrollment shall be used) ; and the
board of estimate and appertionment and the board of aldermen,
or like authorities of the city discharging such functions, are
authorized and directed to raise and appropriate in the annual
budget of the eity, to the board, each total sum so estimated, and
in addition 40 appropriate to the said board such further sums,
then or at other times, as may be required by law; and the board
of estimate and apportionment, or like financial body, may at any
time make appropriations to the board, on its own motion, or on
their recommendation, for the alteration and coustruction of build-
ings, and to mect any emergency or any situation that was not
foreseen at the time the annual estimate was prepared, When a
center is first opened, the hoard shail submit an initial estimate
of the sum neaded for its support, maintenance and operation,
hased on an estimated origina! enrollment of stucents, for the fiscal
year or portion thereof immediately following. This estimate
shall be acted upon as hereinbefore prescribed for current annual
budgets; and in the event that an initial appropriation be for a
part of a fiscal year, only, then in making calculation for the suc-
eceding annual appropriation, the initial appropriation shall be
taken as the appropriate fractional base. Money appropriated by
the city to the board for college purposes, shall be placed in the
eustody of the comptroller of the city to the credit of said board
and all dishurscments from such funds shall be made by the said
comptroller acting for and in behalf of such board upon requisi-
tions duly audited and signed by the board or by a person or
persons appointed by such board, by resolution filed with the
comptroller. 10 act for it. Said comptroller shall andil. the said
account of the said board in the same manner as he audits the ae-
count. of the board of edneéation of the city. Any balance of any
annual appropriation made by the city to the board, which may
be unappropriated for college purposes by the board nincty days
after the expiration of the ealendar year for which the appropria-
tion was made, shall revert to the city treasury and be eredited to
such uses as the board of estimate and apportionment or like
financial body of the city may direct.

723

DXGITAL


724

Inconsiat
ent acts.

District
reestab-
lished,

Laws or New Yorn, 1926 [Cuap.

§ 1144. Establishment of collegiate centers. The hoard of
higher education shall he called together for its organization mect-
ing by the mayor or the chairman of one of the ineluded boards,
within forty days after this article takes eilect, It shall organize it-
self and clcet a chairman and secretary. The said board shall have
the same powers to acquire: sites, buildings, apparatus, and equip-
ment for its institutions as the board of education has for school
purposes, and it shall follow the procedure prescribed by law for
the board of education in the acqnisition of sites, buildings, ap-
paratus and equipment. As soou as possible after organization,
the board shall select a suitable site for an cducational unit or
center under its control and administration in the borough or
similar subdivision of the city which has the largest publie high
schoo! registration at the time this article takes effect. They shall
prepare plans and specifications for such buildings, apparatus and
equipment as they deem necessary to mect the needs for public
higher education in the said borough or similar subdivision, and
stall submit an estimate of the money needled to acquire the said
site, buildings, apparatus and equipment, to the bourd of estimate
and apportionment of the said city, and the said board of estimate
and apportionment of the city, or like financial body, shall raise,
in the manner preseribed by law for the raising of funds for school
purposes, such sums as it shall approve, and shall appropriate such
sums to the board for the purposes hereinabove set forth. When,
in its diseretion, the board of higher education resolves to establish
other centers of instruction, it shall follow the procedure of the
board of education in establishing new schools. All officers of in-
struction in any educational unit established as hereinabove pro-
vided, aud in any other institution administered and controlled
by the board of higher education, who are not members of any
other retirement system supported in whole or in part by the said
city and who hold appointment to service on annual salaries paid
out of appropriations made by the city, shall, upon appointment,
become members of the public school teachers’ retirement system
of the said city and shail have all the obligations, rights, privileges
and benefits of new-entrants.

§ 2. All acts or parts of acts inconsistent with the provisions of
this act are, for the purpose of this act, hereby repealed.

§ 3. This act shall take effect immediately.

CHAPTER 408

AWN ACT in relation to union free school district number ane of the town of
Athion and repealing various acts relating specially thereto.

Became a law Aprii 16, 1926, with the approvel of the Governor, Passed,
three-fifths being present,

The People of the State of New York, represented in Senute and Assembly,
do enact as follows:

Section 1. Tnion free school district number one of the town of
,Albion as now constituted is hereby continued as a union free

eee

DXGITAL